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[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76842-76854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31109]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 34 and 45

[Docket No.: FAA-2012-1333; Amendment Nos. 34-5 and 45-28]
RIN 2120-AK15

Exhaust Emissions Standards for New Aircraft Gas Turbine Engines 
and Identification Plate for Aircraft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action amends the emission standards for turbine engine 
powered airplanes to incorporate the standards promulgated by the 
United States Environmental Protection Agency (EPA) on June 18, 2012. 
This amendment fulfills the FAA's requirements under the Clean Air Act 
Amendments of 1970 to issue regulations ensuring compliance with the 
EPA standards. This action revises the standards for oxides of nitrogen 
and test procedures for exhaust emissions based on International Civil 
Aviation Organization standards, and for the identification and marking 
requirements for engines.

DATES: Effective December 31, 2012. Affected parties, however, are not 
required to comply with the information collection requirement in Sec.  
45.11 until the Office of Management and Budget (OMB) approves the 
collection and assigns a control number under the Paperwork Reduction 
Act of 1995. The FAA will publish in the Federal Register a notice of 
the control number assigned by the Office of Management and Budget 
(OMB) for this information collection requirement.
    The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register as of 
December 31, 2012.
    Submit comments on or before March 1, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-

[[Page 76843]]

2012-1333 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov and 
follow the instructions for sending your comments electronically.
     Mail: Send comments to Docket Operations, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to Docket Operations at 202-493-2251.
     Hand Delivery: Take comments to Docket Operations in Room 
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holiday.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Aimee Fisher, Emissions Division (AEE-300), Office 
of Environment and Energy, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7705; email Aimee.Fisher@faa.gov.
    For legal questions concerning this rule contact Karen Petronis, 
International Law, Legislation and Regulations Division (AGC-200), 
Office of the Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073, email Karen.Petronis@faa.gov.

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency for ``good cause'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    In July 2011, the United States Environmental Protection Agency 
(EPA) proposed new aircraft engine emission standards for oxides of 
nitrogen (NOX), compliance flexibilities, and other 
regulatory requirements applicable to aircraft turbofan or turbojet 
engines with rated thrusts greater than 26.7 kilonewtons (kN) (76 FR 
45012, July 27, 2011). The final rule adopting these proposals was 
published in the Federal Register on June 18, 2012 (77 FR 36342). The 
public had an opportunity to comment on the EPA's proposed rule, and 
the comments received were addressed in the EPA's final rule.
    Section 232 of the Clean Air Act Amendments of 1970 (CAA) (42 
U.S.C. 7572) directs the FAA to prescribe regulations to ensure 
compliance with the EPA's aircraft emission standards. The FAA is 
amending 14 CFR parts 34 and 45 to incorporate the changes promulgated 
by the EPA in the emission standards and the associated engine marking 
requirements. The FAA is not adopting any standards or requirements 
different from those promulgated by the EPA. Accordingly, the FAA finds 
that further public comment on these standards prior to promulgation is 
unnecessary, and that further delay in making the regulations 
consistent would be contrary to the public interest.
    Section 553(d)(3) of the Administrative Procedure Act requires that 
agencies publish a rule not less than 30 days before its effective 
date, except as otherwise provided by the agency for good cause found 
and published with the rule.
    This rule, as previously adopted by the EPA, contains a production 
cutoff date of December 31, 2012. In addition, it contains a new 
production marking requirement that is effective on aircraft engines 
produced after December 31. In order to give manufacturers the maximum 
amount of time to adjust their processes to these requirements, the FAA 
finds that good cause exists to make this rule effective in less than 
30 days.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106, describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority. 
This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III. Under Section 232 of the CAA (42 
U.S.C. 7571), the FAA is directed to prescribe regulations to ensure 
compliance with the standards prescribed by the EPA under Sec.  7571, 
including making such standards applicable in the issuance, amendment, 
modification, suspension, or revocation of any certificate authorized 
by part A of subtitle VII of title 49. These regulations are within the 
scope of that authority, as the FAA is adopting the standards 
promulgated by the EPA and making them applicable to aircraft engine 
type certificates issued under the FAA's Title 49 authority.

Comments Invited

    For the reasons noted above, the FAA is adopting this final rule 
without prior notice and public comment. The Regulatory Policies and 
Procedures of the Department of Transportation (DOT) (44 FR 1134; 
February 26, 1979) provide that, to the maximum extent possible, 
operating administrations for the DOT should provide an opportunity for 
public comment on regulations issued without prior notice.
    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the changes. The 
most helpful comments reference a specific portion of this rule, 
explain the reason for any recommended change, and include supporting 
data. To ensure the docket does not contain duplicate comments, please 
send only one copy of written comments, or if you are filing comments 
electronically, please submit your comments only one time.
    The FAA will file in the docket all comments we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this rulemaking. Once the comment period closes, the FAA 
will review and dispose of the comments filed in the rulemaking docket. 
Because this is a final rule, the FAA will publish a disposition of 
comments in the Federal Register. Based on the comments received, the 
FAA will state whether it has decided that (i) no action is necessary 
other than publishing the disposition of comments in the Federal 
Register, or (ii) the FAA should prepare a revised final rule.
    Privacy: We will post all comments we receive, without change to 
www.regulations.gov, including any personal information you provide. 
Using the search function of our docket Web site, anyone can find and 
read the comments received into any of our dockets, including the name 
of the individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
regulations.gov at any time or to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

[[Page 76844]]

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Mark the information that 
is considered proprietary or confidential. If the information is on a 
disk or CD ROM, mark the outside of the disk or CD ROM and also 
identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under Sec.  11.35(b), when the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. The FAA holds it in a separate file to which the public does 
not have access, and the agency places a note in the docket that it has 
received it. If the FAA receives a request to examine or copy this 
information, the FAA treats it as any other request under the Freedom 
of Information Act, 5 U.S.C. 552. The FAA processes such a request 
under the DOT procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by:
    (1) Searching the Federal eRulemaking portal at http://www.regulations.gov;
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket and amendment numbers of this rulemaking.

I. Background

    Section 231(a)(2)(A) of the CAA (42 U.S.C. 7571) directs the 
Administrator of the EPA to propose aircraft emission standards 
applicable to the emission of any air pollutant from classes of 
aircraft engines which in the EPA Administrator's judgment causes or 
contributes to air pollution that may reasonably be anticipated to 
endanger public health or welfare. These emission standards have been 
promulgated by the EPA in 40 CFR part 87.
    Section 232 of the CAA (42 U.S.C. 7572) then directs the FAA to 
prescribe regulations to ensure compliance with the EPA's standards. 
The FAA has promulgated these emission standards in 14 CFR part 34, and 
the engine marking requirements in part 45.
    The EPA initially regulated gaseous exhaust emissions, smoke and 
fuel venting from aircraft in 1973, with occasional revision. Since the 
EPA's adoption of the initial regulations, the FAA has taken subsequent 
action to ensure that the regulations in 14 CFR are kept current with 
the EPA's standards. This final rule continues the revisions to the 
regulations in 14 CFR.
    On July 27, 2011, the EPA proposed new aircraft engine emission 
standards for NOX, compliance flexibilities, and other 
regulatory requirements for aircraft turbofan or turbojet engines with 
rated thrusts greater than 26.7 kilonewtons (kN) (76 FR 45012). The EPA 
also proposed adopting the gas turbine engine test procedures of ICAO. 
The final rule adopting these proposals was published on June 18, 2012 
(77 FR 36342), and was effective July 18, 2012.

II. Summary of the Costs and Benefits of the Final Rule

    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule.

III. Discussion of This Final Rule

1. New Naming Convention
    The EPA has adopted a new naming convention, ``tier,'' in 40 CFR 
part 87. The tier numbers distinguish levels of increased stringency in 
the NOX emission standards. This convention is consistent 
with the numeric identifier that the Committee on Aviation 
Environmental Protection (CAEP) of ICAO uses to differentiate the CAEP 
work cycles that produce new standards. For example, the standards that 
correspond to CAEP's sixth meeting (CAEP/6) are identified by the EPA 
as Tier 6, while the standards that correspond to CAEP/8 are called 
Tier 8. The naming convention is also being applied to previously 
effective less stringent standards, i.e., Tier 0, Tier 2, and Tier 4. 
None of the previous standards have been changed, only the tier 
designation has been added in the regulations for comparison and 
consistency. The following table identifies the various CAEP cycles and 
corresponding tier naming convention.
    The tier designation departs from the previous FAA practice that 
described aircraft engine emission standards as amendments. The new 
designation is a valuable tool that provides a consistent reference to 
individual standards. The FAA is adopting this naming convention in the 
emission standards contained in this final rule; the designations 
appear in Sec. Sec.  34.21 and 34.23.

                                     Table 1--Naming Conventions Comparison
----------------------------------------------------------------------------------------------------------------
                                 Date CAEP adopted,
 CAEP meeting no. and Annex 16     effective, and        FAA part 34       14 CFR part 34    40 CFR part 87 tier
           amendment                 applicable          amendments       rule promulgation
----------------------------------------------------------------------------------------------------------------
CAEP/1 Annex 16 Vol II,          03/4/1988, 07/31/   1. NPRM cancel      1. 08/10/1990.....  Tier 0.
 Amendment 1.                     1998, 11/17/1988.   SFAR 27 and add
                                                      FAR 34-1;.
                                                     2. 14 CFR Part 34   2. 09/10/1990.....
                                                      Amendment 2.
CAEP/2 Annex 16 Vol II,          03/24/1993, 07/26/  14 CFR Part 34      3/3/1999..........  Tier 2.
 Amendment 2.                     1993, 11/11/1993.   Amendment 3.
CAEP/4 Annex 16 Vol II,          02/26/1999, 07/19/  14 CFR Part 34      4/29/2009.........  Tier 4.
 Amendment 4.                     1999, 11/4/1999.    Amendment 4.
CAEP/6 Annex 16 Vol II,          02/23/2005, 07/11/  14 CFR Part 34      TBD (40 CFR Part    Tier 6.
 Amendment 5.                     2005, 11/24/2005.   Amendment 5.        87 Effective July
                                                                          18, 2012).
CAEP/8 Annex 16 Vol II,          03/4/2011, 07/18/                                           Tier 8.
 Amendment 7.                     2011, 11/17/2011.
----------------------------------------------------------------------------------------------------------------
Note: The NOX standards were not amended during CAEP/3, CAEP/5, and CAEP/7 meetings and are not included in the
  tier designations.

[[Page 76845]]

2. Changes to Part 34
    This final rule adopts the same emissions standards in part 34 as 
the EPA promulgated for 40 CFR part 87. Any differences between the 
appearance of the regulations is the result of different regulatory 
formats between the two titles. No difference in the standards or the 
meaning of any term is implied nor should any difference be presumed. 
In the event that a substantive difference is identified, the 
regulation in 40 CFR part 87 is considered controlling and will be 
enforced.
    The FAA is not changing any of its procedures for exemption 
requests submitted under part 34. The FAA intends to continue to work 
together with the EPA to jointly consider all exemption requests as we 
have in the past.
    In this document we are revising paragraph 34.7(b) to add an 
additional sentence limiting the applicability to the requirements of 
Sec.  34.21 (maintaining the current scope after Sec.  34.23 is added).
3. NOX Standards for Newly Certificated Engines
    Table 2 below summarizes the NOX standards for newly 
certificated engines that are adopted in this final rule, in Sec.  
34.23. The regulation establishes two levels of increasingly stringent 
NOX emission standards for gas turbofan engines with maximum 
rated thrusts greater than 26.7 kN. The standard applicable to a 
particular engine is based on its type certification date. Newly 
certificated aircraft engines are those that receive a new type 
certificate after the effective date of the applicable standard. The 
two new standards are:
a. Tier 6/CAEP 6 NOX Standards
    The first set of standards is equivalent to the NOX 
limits established at the CAEP/6 meeting. This level was originally 
adopted by ICAO and became internationally applicable after December 
31, 2007. Engine manufacturers have been producing engines that meet 
Tier 6 standards even though the standard and the marking designation 
had not yet been adopted in the United States.
    Overall, Tier 6 represents an approximate 12 percent reduction in 
NOX emissions from Tier 4, Sec.  34.21(d)(1)(vi). Tier 4 
standards were adopted by ICAO in 2005 with an implementation date in 
2008. The Tier 6 standard is incorporated in Sec.  34.23(a).
    Under the EPA rule, the Tier 6 standard was effective for engines 
produced on and after July 18, 2012, unless otherwise covered by an 
exception or exemption. These exceptions include:
    1. The production of Tier 4 engines introduced before July 18, 
2012, (including their derivatives) through December 31, 2012 (Sec.  
34.23(c) and 40 CFR Sec.  87.23(d)(1)); and
    2. Up to six engines per manufacturer produced on and after July 
18, 2012 and before August 31, 2013 (Sec.  34.9(b) and 40 CFR Sec.  
87.23(d)(3)). This exception is described more fully in section 4 
below.
    Exemptions to the standards of part 34 must be filed under the 
regulatory exemption process discussed in Sec.  34.7 and part 11.
b. Tier 8/CAEP 8 NOX Standards
    The second set of new standards is equivalent to the CAEP/8 
NOX limits that were recommended at the February 2010 CAEP/8 
meeting and applicable as ICAO standards and recommended practices in 
November 2011. These Tier 8 standards will be mandatory in the United 
States for engines for which the first individual production model is 
manufactured after December 31, 2013. Overall, Tier 8 represents an 
approximate 15 percent reduction in NOX emissions from Tier 
6. The Tier 8 standard is incorporated in Sec.  34.23(b).

                                                      Table 2--Tier 6 and Tier 8 Standards for NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Tier                 Date                  Class             Rated pressure ratio--rPR           Rated output rO (kN)            NOX (g/kN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 6.............  Manufactured on and   TF, T3, T8...........  rPR  89.0......................  16.72 + 1.4080 (rPR)
                                                                                                  ------------------------------------------------------
                                                                  30  89.0......................  -1.04 + 2.0 (rPR)
                                                                                                  ------------------------------------------------------
                                                                  rPR >= 82.6....................  All............................  32 + 1.6 (rPR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 8.............  First individual      TF, T3, T8...........  rPR  89.0......................  7.88 + 1.4080 (rPR)
                                                                                                  ------------------------------------------------------
                                                                  30  89.0......................  -9.88 + 2.0 (rPR)
                                                                                                  ------------------------------------------------------
                                                                  rPR >= 104.7...................  All............................  32 + 1.6 (rPR)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 76846]]

4. Standards for Engines Manufactured On and After July 18, 2012
    This final rule applies to engines that are to be manufactured on 
and after July 18, 2012, the effective date for Tier 6 standards in the 
United States. However, Tier 4 engines introduced before July 18, 2012 
(and their derivatives) may continue to be produced through December 
31, 2012 without further action by the manufacturer. In addition, Sec.  
34.9(b) incorporates an exception that allows each engine manufacturer 
to produce up to six Tier 4 compliant engines with a date of 
manufacture on and after July 18, 2012 and before August 31, 2013 that 
do not meet the Tier 6 standards without further action by the 
manufacturer. Engines produced under this exception are required to 
meet Tier 4 standards.
    The primary purpose of allowing limited continued production of 
Tier 4 engines is to provide for an orderly transition to Tier 6 
standards as Tier 4 engines reach the end of their production cycles.
5. Spare Engines
    This final rule allows for the production of a ``spare'' engine 
that is newly produced but meets the Tier 4 emission standard under 
which it was certificated rather than a more stringent standard that 
may be in place at the time of production. A spare engine may be 
produced as a replacement for an engine in service, whether installed 
temporarily during a repair or for permanent use. A spare engine may 
not be installed on a new aircraft. A spare engine may have different 
emission levels for individual pollutants than the engine being 
replaced, as long as the spare remains in overall compliance with the 
levels required for the original engine's type certificate.
    The standard is incorporated in Sec.  34.9(a). Spare engines must 
be marked in accordance with Sec.  45.13(a)(7)(v).
6. Standards for Supersonic Aircraft Turbine Engines
    This final rule contains carbon monoxide (CO) and NOX 
emission standards for turbine engines that are used to propel aircraft 
at sustained supersonic speeds (i.e., supersonic aircraft). While 
emission standards for these aircraft were originally adopted by ICAO 
in the 1980s, the original U.S. adoption of emission standards for 
supersonic aircraft did not include CO or NOX. The absence 
of U.S. standards for these pollutants has no practical effect because 
supersonic aircraft are not allowed to fly over the continental U.S. 
and no supersonic engines have been certificated since the Olympus 593 
Mk. 610-14-28 installed on the Concorde. This certification has since 
been surrendered and the engines are no longer in production. We are 
adopting CO and NOX standards that will apply to future 
engine designs used on supersonic aircraft and for harmonization with 
ICAO standards.

                           Table 3--Gaseous Emission Standards for Supersonic Engines
----------------------------------------------------------------------------------------------------------------
                                    Rated output
             Class                   rO\1\ (kN)                NOX (g/kN)                     CO (g/kN)
----------------------------------------------------------------------------------------------------------------
TSS............................  All...............  36 + 2.42 (rPR)..............  4,550 (rPR) -1.03
----------------------------------------------------------------------------------------------------------------
\1\ rO is the rated output with afterburning applied.

7. Test Procedures
    The amended test procedures adopted in Sec.  34.60 are based on 
ICAO Annex 16, Volume II. The amendments to Annex 16 Volume II include 
clarifications and add flexibilities for engine manufacturers. They 
are:
     Standardizing the terminology relating to engine thrust/
power.
     Clarifying the need to correct measured results to 
standard reference day and reference engine conditions.
     Allowing a certificating authority to approve the use of 
test fuels other than those specified during certification testing.
     Allowing materials other than stainless steel in the 
sample collection equipment.
     Clarifying the appropriate value of fuel flow to be used 
at each LTO test point.
     Clarifying exhaust nozzle terminology for exhaust 
emissions sampling.
     Allowing an equivalent procedure for gaseous emission and 
smoke measurement if approved by the certificating authority.
    Many manufacturers are already voluntarily complying with these 
changes. The U.S. adoption of these test procedure amendments is 
unlikely to require new action by manufacturers. To accomplish the 
above changes, we have revised Sec.  34.60 and removed Sec. Sec.  34.61 
through 34.64, and 34.71. This action eliminates subpart H of part 34, 
and we have removed cross references to subpart H in the affected 
sections where they appear.
8. Definitions
    In promulgating the new standards, the EPA adopted several new 
definitions for terms in its regulations. The FAA is including seven of 
these definitions in Sec.  34.1 to avoid any uncertainty about their 
meaning and application. These definitions are consistent with CAEP/8 
usage, and the common understanding of these terms as used by industry. 
The terms and definitions have the same scope and meaning as they have 
in 40 CFR part 87. Since the regulation includes the terms and their 
definitions, they are not being repeated here.
9. Derivative Engines
    Often manufacturers will make changes to a type certificated engine 
that is in production while keeping the same basic engine core and 
combustor design. In some cases, these modifications may affect 
emissions. We are adopting the term ``derivative engine for emissions 
certification purposes'' to distinguish an engine model for which the 
emission characteristics vary from the original type certificated 
engine design, but remain within the criteria specified in Sec.  34.48.
    The FAA has adopted the EPA's rule text in Sec.  34.48 that uses 
the phrase ``similar in design to a previously certificated (original) 
engine for purposes of compliance'' with the emissions standards. The 
FAA understands the ``original'' to be a previously type certificated 
engine for which there is test data. That test data will be used in 
determining whether the new engine may be considered a derivative using 
the criteria in Sec.  34.48.
    To qualify as a derivative engine for emissions certification 
purposes, an engine must comply with the emission standards associated 
with the original type certificated engine. The derivative engine must 
have the same or similar emission characteristics as the original type 
certificated engine; the original engine must be listed on a U.S. type 
certificate issued under part 33. The FAA will make the following 
determinations regarding derivatives:

[[Page 76847]]

     Whether the emission characteristics of the modified 
design are significantly different from the original type certificated 
engine's emissions such that a demonstration of compliance with more 
recent emission standards is necessary;
     Whether the changes are minor relative to the original 
type certificated engine's emissions, such that it may be considered a 
derivative version of the original type certificated engine model with 
no emissions changes;
     Whether iterative changes made over time resulted in a 
cumulative change that reaches the point at which a new demonstration 
of compliance is warranted.
    In the past, these determinations were made for turbofan engines by 
an engineering evaluation that was performed by the engine manufacturer 
and then reviewed by the FAA. The definition of ``derivative engines 
for emissions certification purposes,'' along with the criteria for 
making this determination, will provide engine manufacturers and the 
FAA with more certainty regarding emission standard requirements for 
future modifications made to certificated models. The FAA will continue 
its existing practices for determining derivatives for part 33 engine 
certification, expanding those practices to make ``derivative engines 
for emissions certification'' determinations under the criteria 
promulgated by the EPA and adopted here into Sec.  34.48.
    If a derivative engine is sufficiently similar to its original type 
certificated engine so as to meet the criteria established in Sec.  
34.48, the manufacturer may demonstrate certification compliance and 
continue production of the engine model to the same extent as allowed 
for the original engine model. However, if a derivative engine is 
determined to be significantly different than the original type 
certificated engine, the manufacturer would be required to demonstrate 
compliance with the most recent emission standards. This determination 
will be made using numerical criteria consistent with ICAO provisions. 
An engine model may be considered a derivative only if:
    1. It is a modification of an engine that received a U.S. type 
certificate;
    2. The engine was certificated under 14 CFR part 33; and
    3. One of the following conditions is met:
     If the FAA determines that a safety issue exists that 
requires an engine modification; or
     If emissions from the derivative engines are equivalent to 
or lower than the original type certificated engine.
    This final rule provides that an engine manufacturer may show 
emissions equivalency by demonstrating that the difference between 
emission rates of a derivative engine and the original type 
certificated engine are within the following allowable ranges (unless 
otherwise adjusted using good engineering judgment as determined by the 
FAA):
     3.0 g/kN for NOX,
     1.0 g/kN for HC,
     5.0 g/kN for CO, and
     2.0 SN for smoke.
    This final rule also provides that an engine model whose 
characteristic level is at least 5 percent below all applicable 
standards would be allowed to demonstrate equivalency by engineering 
analysis. In all other cases, the manufacturer is required to test the 
new engine model to show emission equivalency.
10. Abbreviations
    Similar to the new terms being defined in Sec.  34.1, certain 
abbreviations have been added or corrected in Sec.  34.2. No separate 
discussion of them is included here. We are amending the text of 
Sec. Sec.  34.10(a) and (b), 34.21(b) and (d), and 34.31(b) to include 
the correct notation of these abbreviations.
11. Miscellaneous
    In Sec.  34.21(b) of the current regulation, there is a printing 
error. The formula for smoke number should have included ``-0.274'' as 
a superscript notation. Instead, it was printed in regular size text, 
implying a very different mathematical calculation. Since all other 
instances of the notation in paragraphs (d) and (e) of that section are 
correct, we are not aware that there has been any misunderstanding from 
this printing error, but we are correcting it here.
    The FAA is revising Sec. Sec.  34.3(c) and (d), General 
requirements, to eliminate the use of the term Federal Aviation 
Regulation and its abbreviation, FAR. Neither term is correct. As 
regulations are amended, the FAA is removing these terms.
    In addition, the FAA is revising Sec.  34.3(d) to remove the 
reference to 40 CFR 87.1(c) and replacing it with a reference to 40 CFR 
87.1 as the EPA regulation no longer uses subparagraph designations in 
that section.
12. Part 45--Identification Data
    The new emission standards require the addition of new designations 
to identify the status of engines at manufacture. Section 45.13(a)(7) 
is being added to include the new designations EXEMPT NEW and EXCEPTED 
SPARE. Engines are already required to carry certain production 
markings, and this amendment merely adds the two new designations 
adopted in this final rule. The use of these new terms is required 
under Sec. Sec.  34.7(h) and 34.9(a)(6).

IV. Regulatory Notices and Analyses

A. Paperwork Reduction Act
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    This action contains an existing collection in use without an OMB 
control number. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the FAA has submitted these information collection 
amendments to OMB for its review.
    Summary: Under Sec.  45.11, manufacturers of engines are required 
to mark each engine produced under a type certificate or production 
certificate by attaching a fireproof identification plate that contains 
the information specified in Sec.  45.13. As part of the information 
required, Sec.  45.13(a)(7) states that one of three designations 
(comply, exempt and non U.S.) that indicates compliance with the 
applicable exhaust emission provisions of part 34 and 40 CFR part 87 
must be included. Under this final rule, the number of possible 
designations is being increased to five (comply, exempt, non U.S., 
excepted spare and exempt new), with the new designations having been 
adopted from the determinations made at ICAO CAEP/8.
    Use: The information will be used by purchasers, owners, operators 
and FAA inspectors, periodically, to confirm that an engine meets the 
exhaust emission provisions of part 34 and 40 CFR part 87.
    Respondents (including number of): There are currently 10 engine 
manufacturers that will be impacted by this requirement.
    Frequency: This is a one time burden for each engine. The 
information required will be stamped on the

[[Page 76848]]

identification plate at the time of manufacture.
    Annual Burden Estimate: We estimate that approximately 1,200 
engines will be manufactured each year by 10 engine manufacturers and 
that stamping each identification plate will require 5 minutes. The 
annual burden is estimated to be 100 hours. We estimate that it will 
take 5 minutes to label each engine for an average cost of $3.75 for 
labor and materials for each engine. The total annual cost to 
respondents is estimated to be $4,500.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by March 1, 2013. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC 
20503.
B. Regulatory Evaluation
    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    Rulemaking actions by the FAA usually trigger a full regulatory 
evaluation of the potential monetary costs that would be imposed and 
benefits generated (including separate analyses for regulatory 
flexibility, international trade impact, and unfunded mandates). 
However, this regulation brings the regulations in 14 CFR into 
conformity with the existing EPA regulations. A full regulatory 
evaluation is unwarranted because the FAA is not imposing any new 
standards on the aviation industry for engine emissions or test 
procedures. The EPA concluded (77 FR 36342, 36386, June 18, 2012) that 
its rule would impose minimal costs to manufacturers because the 
affected engines are designed for and marketed internationally, and 
thus are already being manufactured using the ICAO standards adopted in 
this rule.
    The FAA has made one addition to the standards adopted by the EPA. 
Previously, each affected engine had to be marked pursuant to 14 CFR 
part 45 as falling under one of three engine categories. The rule now 
requires that each affected engine has to be marked as falling under 
one of five engine categories. As all affected engines had to be marked 
under the previous rule, increasing the number of categories from three 
to five will not change the number of engines that need to be marked. 
The EPA rule required these markings be effective, but the requirement 
that controls engine marking exists only in 14 CFR part 45. 
Accordingly, the FAA is simply implementing the EPA requirement. The 
FAA has, therefore, determined that this final rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.
C. Regulatory Flexibility Determination
    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    This final rule revises the emission standards for turbine engine 
airplanes, the test procedures for gaseous emissions, and the different 
engine categories for marking purposes. Other than the FAA marking 
requirement that involves minimal cost changes to engine manufacturers, 
all of the costs associated with this rule have been addressed by the 
EPA in its rulemaking. The EPA determined that its rule would impose 
minimal costs to manufacturers because the affected engines are 
designed for and marketed internationally, and thus are already being 
manufactured using the ICAO standards adopted in the EPA rule. Thus, 
this rule has a minimal economic impact.
    Therefore, as the FAA Acting Administrator, I certify that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

[[Page 76849]]

D. International Trade Impact Assessment
    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and determined that it 
is in accord with the Trade Agreements Act, as the rule uses the ICAO 
international standards as the basis for the U.S. regulation.
E. Unfunded Mandates Assessment
    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.
F. International Compatibility and Cooperation
    (1) In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.
    (2) Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.
G. Environmental Analysis
    In accordance with FAA Order 1050.1E, the FAA has determined that 
this action is categorically excluded from environmental review under 
section 103(2)(c) of the National Environmental Policy Act (NEPA). This 
action is categorically excluded under FAA Order 1050.1E, Chapter 3, 
paragraph 312a, which covers ``all FAA actions to ensure compliance 
with EPA aircraft emission standards.'' This rule amends the emission 
standards for turbine engine powered airplanes and certain marking 
requirements for engines, to incorporate the standards adopted by EPA 
based on the ICAO standards for gaseous emissions of NOX.

Executive Order Determinations

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

Executive Order 13211, Regulations that Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use, 66 FR 28355 (May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects

14 CFR Part 34

    Air pollution control, Aircraft, Incorporation by reference.

14 CFR Part 45

    Aircraft, marking, identification data.

The Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration amends Chapter I of Title 14 Code of Federal Regulations 
as follows:

PART 34--FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE 
ENGINE POWERED AIRPLANES

0
1. The authority citation for part 34 is revised to read as follows:

    Authority:  42 U.S.C 4321 et seq., 7572l 49 U.S.C. 106(g), 
40113, 44701-44702, 44704, 44714

Subpart A--[Amended]

0
2. In Sec.  34.1, add in alphabetical order, the definitions for the 
terms ``Characteristic level'', ``Derivative engine for emissions 
certification purposes'', ``Excepted'', ``Exempt'', ``Introduction 
date'', and ``Tier'', and revise the definitions of ``Commercial 
aircraft engine'', ``Rated output (rO),'' and ``Rated pressure ratio 
(rPR)'' to read as follows:

Sec.  34.1  Definitions.

* * * * *
    Characteristic level has the meaning given in Appendix 6 of ICAO 
Annex 16 as of July 2008. The characteristic level is a calculated 
emission level for each pollutant based on a statistical assessment of 
measured emissions from multiple tests.\1\
---------------------------------------------------------------------------

    \1\ This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. This document can be obtained from the ICAO, Document Sales 
Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada, phone 
+1 514-954-8022, or www.icao.int or sales@icao.int. Copies can be 
reviewed at the FAA New England Regional Office, 12 New England 
Executive Park, Burlington, Massachusetts, 781-238-7101, or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
---------------------------------------------------------------------------

* * * * *
    Commercial aircraft engine means any aircraft engine used or 
intended for use by an ``air carrier'' (including those engaged in 
``intrastate air transportation'') or a ``commercial operator'' 
(including those engaged in ``intrastate air transportation'') as these 
terms are defined in Title 49 of the United States Code and Title 14 of 
the Code of Federal Regulations.
* * * * *
    Derivative engine for emissions certification purposes means an 
engine that has the same or similar emissions characteristics as an 
engine covered by a U.S. type certificate issued under 14

[[Page 76850]]

CFR part 33. These characteristics are specified in Sec.  34.48.
* * * * *
    Excepted, as used in Sec.  34.9, means an engine that may be 
produced and sold that does not meet otherwise applicable standards. 
Excepted engines must conform to regulatory conditions specified for an 
exception in Sec.  34.9. Excepted engines are subject to the standards 
of this part even though they are not required to comply with the 
otherwise applicable requirements. Engines excepted with respect to 
certain standards must comply with other standards from which they are 
not specifically excepted.
    Exempt means an engine that does not meet certain applicable 
standards but may be produced and sold under the terms allowed by a 
grant of exemption issued pursuant to Sec.  34.7 of this part and part 
11 of this chapter. Exempted engines must conform to regulatory 
conditions specified in the exemption as well as other applicable 
regulations. Exempted engines are subject to the standards of this part 
even though they are not required to comply with the otherwise 
applicable requirements. Engines exempted with respect to certain 
standards must comply with other standards as a condition of the 
exemption.
* * * * *
    Introduction date means the date of manufacture of the first 
individual production engine of a given engine model or engine type 
certificate family to be certificated. Neither test engines nor engines 
not placed into service affect this date.
* * * * *
    Rated output (rO) means the maximum power/thrust available for 
takeoff at standard day conditions as approved for the engine by the 
Federal Aviation Administration, including reheat contribution where 
applicable, but excluding any contribution due to water injection, 
expressed in kilowatts or kilonewtons (as applicable), rounded to at 
least three significant figures.
    Rated pressure ratio (rPR) means the ratio between the combustor 
inlet pressure and the engine inlet pressure achieved by an engine 
operation at rated output, rounded to at least three significant 
figures.
* * * * *
    Tier, as used in this part, is a designation related to the 
NOX emission standard for the engine as specified in Sec.  
34.21 or Sec.  34.23 of this part (e.g., Tier 0).

0
3. In Sec.  34.2, remove the abbreviation for the term ``W Watt(s)'' 
and add the abbreviations for the terms ``Carbon dioxide'', 
``Gram(s)'', ``Kilonewton(s)'', ``Kilowatt(s)'', and ``Pound(s)'' to 
read as follows:

Sec.  34.2  Abbreviations.

* * * * *
    CO2 Carbon dioxide
* * * * *
    g Gram(s)
* * * * *
    kN Kilonewton(s)
    kW Kilowatt(s)
    lb Pound(s)
* * * * *

0
4. In Sec.  34.3, revise paragraphs (c) and (d) to read as follows:

Sec.  34.3  General requirements.

* * * * *
    (c) U.S. airplanes. This part applies to civil airplanes that are 
powered by aircraft gas turbine engines of the classes specified herein 
and that have U.S. standard airworthiness certificates.
    (d) Foreign airplanes. Pursuant to the definition of ``aircraft'' 
in 40 CFR 87.1, this regulation applies to civil airplanes that are 
powered by aircraft gas turbine engines of the classes specified herein 
and that have foreign airworthiness certificates that are equivalent to 
U.S. standard airworthiness certificates. This regulation applies only 
to those foreign civil airplanes that, if registered in the United 
States, would be required by applicable regulations to have a U.S. 
standard airworthiness certificate in order to conduct the operations 
intended for the airplane. Pursuant to 40 CFR 87.3(c), this regulation 
does not apply where it would be inconsistent with an obligation 
assumed by the United States to a foreign country in a treaty, 
convention, or agreement.

0
5. In Sec.  34.7, amend paragraph (b) by adding a sentence at the end 
of the paragraph and by revising paragraph (d) to read as follows:

Sec.  34.7  Exemptions.

* * * * *
    (b) * * * This exemption is limited to the requirements of Sec.  
34.21 only.
* * * * *
    (d) Applicants seeking exemption from other emissions standards of 
this part and 40 CFR part 87. Applicants must request exemption from 
both the FAA and the EPA, even where the underlying regulatory 
requirements are the same. The FAA and EPA will jointly consider such 
exemption requests, and will assure consistency in the respective 
agency determinations.
* * * * *

0
6. Add Sec.  34.9 to read as follows:

Sec.  34.9  Exceptions.

    (a) Spare engines. Certain engines that meet the following 
description are excepted:
    (1) This exception allows production of an engine for installation 
on an in-service aircraft. A spare engine may not be installed on a new 
aircraft.
    (2) Each spare engine must be identical to a sub-model previously 
certificated to meet all applicable requirements.
    (3) A spare engine may be used only when the emissions of the spare 
do not exceed the certification requirements of the original engine, 
for all regulated pollutants.
    (4) No separate approval is required to produce spare engines.
    (5) The record for each engine excepted under this paragraph (c) 
must indicate that the engine was produced as an excepted spare engine.
    (6) Engines produced under this exception must be labeled 
``EXCEPTED SPARE'' in accordance with Sec.  45.13 of this chapter.
    (b) On and after July 18, 2012, and before August 31, 2013, a 
manufacturer may produce up to six Tier 4 compliant engines that meet 
the NOX standards of paragraph (d)(1)(vi) of this section 
rather than Sec.  34.23(a)(2). No separate approval is required to 
produce these engines. Engines produced under this exception are to be 
labeled ``COMPLY'' in accordance with Sec.  45.13 of this chapter.

Subpart B--Engine Fuel Venting Emissions (New and In-Use Aircraft 
Gas Turbine Engines)

0
7. Revise Sec.  34.10 to read as follows:

Sec.  34.10  Applicability.

    (a) The provisions of this subpart are applicable to all new 
aircraft gas turbine engines of classes T3, T8, TSS, and TF equal to or 
greater than 36 kN (8,090 lb) rated output, manufactured on or after 
January 1, 1974, and to all in-use aircraft gas turbine engines of 
classes T3, T8, TSS, and TF equal to or greater than 36 kN (8,090 lb) 
rated output manufactured after February 1, 1974.
    (b) The provisions of this subpart are also applicable to all new 
aircraft gas turbine engines of class TF less than 36 kN (8,090 lb) 
rated output and class TP manufactured on or after January 1, 1975, and 
to all in-use aircraft gas turbine engines of class TF less than 36 kN 
(8,090 lb) rated output and class TP manufactured after January 1, 
1975.

[[Page 76851]]

Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)

0
8. In Sec.  34.21, revise paragraphs (b), (d), (e), and (f), and add 
paragraph (g) to read as follows:

Sec.  34.21  Standards for exhaust emission.

* * * * *
    (b) Exhaust emissions of smoke from each new aircraft gas turbine 
engine of class TF and of rated output of 129 kN (29,000 lb) thrust or 
greater, manufactured on or after January 1, 1976, shall not exceed

SN = 83.6 (rO) -0.274 (rO is in kN).

* * * * *
    (d) Gaseous exhaust emissions from each new aircraft gas turbine 
engine shall not exceed:
    (1) For Classes TF, T3, T8 engines greater than 26.7 kN (6,000 lb) 
rated output:
    (i) Engines manufactured on or after January 1, 1984:

Hydrocarbons: 19.6 g/kN rO.

    (ii) Engines manufactured on or after July 7, 1997:

Carbon Monoxide: 118 g/kN rO.

    (iii) Engines of a type or model of which the date of manufacture 
of the first individual production model was on or before December 31, 
1995, and for which the date of manufacture of the individual engine 
was on or before December 31, 1999 (Tier 2):

Oxides of Nitrogen: (40+2(rPR)) g/kN rO.

    (iv) Engines of a type or model of which the date of manufacture of 
the first individual production model was after December 31, 1995, or 
for which the date of manufacture of the individual engine was after 
December 31, 1999 (Tier 2):

Oxides of Nitrogen: (32+1.6(rPR)) g/kN rO.

    (v) The emission standards prescribed in paragraphs (d)(1)(iii) and 
(iv) of this section apply as prescribed beginning July 7, 1997.
    (vi) The emission standards of this paragraph apply as prescribed 
after December 18, 2005. For engines of a type or model of which the 
first individual production model was manufactured after December 31, 
2003 (Tier 4):
    (A) That have a rated pressure ratio of 30 or less and a maximum 
rated output greater than 89 kN:

Oxides of Nitrogen: (19 + 1.6(rPR)) g/kN rO.

    (B) That have a rated pressure ratio of 30 or less and a maximum 
rated output greater than 26.7 kN but not greater than 89 kN:

Oxides of Nitrogen: (37.572 + 1.6(rPR) - 0.2087(rO)) g/kN rO.

    (C) That have a rated pressure ratio greater than 30 but less than 
62.5, and a maximum rated output greater than 89 kN:

Oxides of Nitrogen: (7 + 2(rPR)) g/kN rO.

    (D) That have a rated pressure ratio greater than 30 but less than 
62.5, and a maximum rated output greater than 26.7 kN but not greater 
than 89 kN:

Oxides of Nitrogen: (42.71 + 1.4286(rPR) - 0.4013(rO) + 0.00642(rPR x 
rO)) g/kN rO.

    (E) That have a rated pressure ratio of 62.5 or more:

Oxides of Nitrogen: (32 + 1.6(rPR)) g/kN rO.

    (2) For Class TSS Engines manufactured on or after January 1, 1984:

Hydrocarbons: 140 (0.92)\rPR\ g/kN rO.

    (e) Smoke exhaust emissions from each gas turbine engine of the 
classes specified below shall not exceed:
    (1) For Class TF of rated output less than 26.7 kN (6,000 lb) 
manufactured on or after August 9, 1985:

SN = 83.6(rO) -0.274 (rO is in kN) not to exceed a maximum 
of SN = 50.

    (2) For Classes T3, T8, TSS, and TF of rated output equal to or 
greater than 26.7 kN (6,000 lb) manufactured on or after January 1, 
1984:

SN = 83.6(rO) -0.274 (rO is in kN) not to exceed a maximum 
of SN = 50.

    (3) For Class TP of rated output equal to or greater than 1,000 kW 
manufactured on or after January 1, 1984:

SN = 187(rO) -0.168 (rO is in kW).

    (f) The standards set forth in paragraphs (a), (b), (c), (d), and 
(e) of this section refer to a composite gaseous emission sample 
representing the operation cycles and exhaust smoke emission emitted 
during operation of the engine as specified in the applicable sections 
of subpart G of this part, and measured and calculated in accordance 
with the procedures set forth in subpart G.
    (g) Where a gaseous emission standard is specified by a formula, 
calculate and round the standard to three significant figures or to the 
nearest 0.1 g/kN (for standards at or above 100 g/kN). Where a smoke 
standard is specified by a formula, calculate and round the standard to 
the nearest 0.1 SN. Engines comply with an applicable standard if the 
testing results show that the engine type certificate family's 
characteristic level does not exceed the numerical level of that 
standard, as described in Sec.  34.60.

0
9. Add Sec.  34.23 to read as follows:

Sec.  34.23  Exhaust Emission Standards for Engines Manufactured On and 
After July 18, 2012.

    The standards of this section apply to aircraft engines 
manufactured on and after July 18, 2012, unless otherwise exempted or 
excepted. Where a gaseous emission standard is specified by a formula, 
calculate and round the standard to three significant figures or to the 
nearest 0.1 g/kN (for standards at or above 100 g/kN). Where a smoke 
standard is specified by a formula, calculate and round the standard to 
the nearest 0.1 SN. Engines comply with an applicable standard if the 
testing results show that the engine type certificate family's 
characteristic level does not exceed the numerical level of that 
standard, as described in Sec.  34.60.
    (a) Gaseous exhaust emissions from each new aircraft gas turbine 
engine shall not exceed:
    (1) For Classes TF, T3 and T8 of rated output less than 26.7 kN 
(6,000 lb) manufactured on and after July 18, 2012:

SN = 83.6(rO) -0.274 or 50.0, whichever is smaller

    (2) Except as provided in Sec. Sec.  34.9(b) and 34.21(c), for 
Classes TF, T3 and T8 engines manufactured on and after July 18, 2012, 
and for which the first individual production model was manufactured on 
or before December 31, 2013 (Tier 6):

                        Tier 6 Oxides of Nitrogen Emission Standards for Subsonic Engines
----------------------------------------------------------------------------------------------------------------
            Class             Rated pressure ratio--rPR    Rated output rO (kN)              NOX (g/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8..................  rPR  89.0...............  16.72 + 1.4080 (rPR)
                             -----------------------------------------------------------------------------------

[[Page 76852]]

 
                              30  89.0...............  -1.04 + 2.0 (rPR)
                             -----------------------------------------------------------------------------------
                              rPR >= 82.6..............  All.....................  32 + 1.6 (rPR)
----------------------------------------------------------------------------------------------------------------

     (3) Engines exempted from paragraph (a)(2) of this section 
produced on or before December 31, 2016 must be labeled ``EXEMPT NEW'' 
in accordance with Sec.  45.13 of this chapter. No exemptions to the 
requirements of paragraph (a)(2) of this section will be granted after 
December 31, 2016.
    (4) For Class TSS Engines manufactured on and after July 18, 2012:

                                Gaseous Emission Standards for Supersonic Engines
----------------------------------------------------------------------------------------------------------------
                                   Rated output rO
             Class                    \1\ (kN)                 NOX (g/kN)                     CO (g/kN)
----------------------------------------------------------------------------------------------------------------
TSS............................  All...............  36 + 2.42 (rPR)..............  4,550 (rPR) -1.03
----------------------------------------------------------------------------------------------------------------
\1\ rO is the rated output with afterburning applied.

    (b) Gaseous exhaust emissions from each new aircraft gas turbine 
engine shall not exceed:
    (1) For Classes TF, T3 and T8 engines of a type or model of which 
the first individual production model was manufactured after December 
31, 2013 (Tier 8):

                        Tier 8 Oxides of Nitrogen Emission Standards for Subsonic Engines
----------------------------------------------------------------------------------------------------------------
            Class             Rated pressure ratio--rPR    Rated output rO (kN)              NOx (g/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8..................  rPR  89.0...............  7.88 + 1.4080 (rPR)
                             -----------------------------------------------------------------------------------
                              30  89.0...............  -9.88 + 2.0 (rPR)
                             -----------------------------------------------------------------------------------
                              rPR >= 104.7.............  All.....................  32 + 1.6 (rPR)
----------------------------------------------------------------------------------------------------------------

     (c) Engines (including engines that are determined to be 
derivative engines for the purposes of emission certification) type 
certificated with characteristic levels at or below the NOX 
standards of Sec.  34.21(d)(1)(vi) of this part (as applicable based on 
rated output and rated pressure ratio) and introduced before July 18, 
2012, may be produced through December 31, 2012, without meeting the 
NOX standard of paragraph (a)(2) of this section.

0
10. In Sec.  34.31, revise paragraphs (b) and (c) to read as follows:

Sec.  34.31  Standards for exhaust emissions.

* * * * *
    (b) Exhaust emissions of smoke from each in-use aircraft gas 
turbine engine of Class TF and of rated output of 129 kN (29,000 lb) 
thrust or greater, beginning January l, 1976, shall not exceed

SN=83.6(rO) -0.274 (rO is in kN).

    (c) The standards set forth in paragraphs (a) and (b) of this 
section refer to exhaust smoke emission emitted during operation of the 
engine as specified in the applicable sections of subpart G of this 
part, and measured and calculated in accordance with the procedures set 
forth in subpart G.

Subpart E--Certification Provisions

0
11. Add Sec.  34.48 to read as follows:

Sec.  34.48  Derivative engines for emissions certification purposes.

    (a) General. A derivative engine for emissions certification 
purposes is an engine configuration that is determined to be similar in 
design to a previously certificated (original) engine for purposes of 
compliance with exhaust emissions standards (gaseous and smoke). A type 
certificate holder may request from the FAA a determination that an 
engine configuration is considered a derivative engine for emissions 
certification purposes. To be considered a derivative engine for 
emission purposes under this part, the configuration must have been 
derived from the original engine that was certificated to the 
requirements of part 33 of this chapter and one of the following:
    (1) The FAA has determined that a safety issue exists that requires 
an engine modification.
    (2) Emissions from the derivative engines are determined to be 
similar. In general, this means the emissions must meet the criteria 
specified in paragraph (b) of this section. The FAA may amend the 
criteria of paragraph (b) in unusual circumstances, for individual 
cases, consistent with good engineering judgment.
    (3) All of the regulated emissions from the derivative engine are 
lower than the original engine.

[[Page 76853]]

    (b) Emissions similarity. (1) The type certificate holder must 
demonstrate that the proposed derivative engine model's emissions meet 
the applicable standards and differ from the original model's emission 
rates only within the following ranges:
    (i)  3.0 g/kN for NOX.
    (ii)  1.0 g/kN for HC.
    (iii)  5.0 g/kN for CO.
    (iv)  2.0 SN for smoke.
    (2) If the characteristic level of the original certificated engine 
model (or any other sub-models within the emission type certificate 
family tested for certification) before modification is at or above 95% 
of the applicable standard for any pollutant, an applicant must measure 
the proposed derivative engine model's emissions for all pollutants to 
demonstrate that the derivative engine's resulting characteristic 
levels will not exceed the applicable emission standards. If the 
characteristic levels of the originally certificated engine model (and 
all other sub-models within the emission type certificate family tested 
for certification) are below 95% of the applicable standard for each 
pollutant, the applicant may use engineering analysis consistent with 
good engineering judgment to demonstrate that the derivative engine 
will not exceed the applicable emission standards. The engineering 
analysis must address all modifications from the original engine, 
including those approved for previous derivative engines.
    (c) Continued production allowance. Derivative engines for 
emissions certification purposes may continue to be produced after the 
applicability date for new emissions standards when the engines conform 
to the specifications of this section.
    (d) Non-derivative engines. If the FAA determines that an engine 
model does not meet the requirements for a derivative engine for 
emissions certification purposes, the type certificate holder is 
required to demonstrate that the engine complies with the emissions 
standards applicable to a new engine type.

Subpart G--Test Procedures for Engine Exhaust Gaseous Emissions 
(Aircraft and Aircraft Gas Turbine Engines)

0
12. Revise Sec.  34.60 to read as follows:

Sec.  34.60  Introduction.

    (a) Use the equipment and procedures specified in Appendix 3, 
Appendix 5, and Appendix 6 of ICAO Annex 16, as applicable, to 
demonstrate whether engines meet the applicable gaseous emission 
standards specified in subpart C of this part. Measure the emissions of 
all regulated gaseous pollutants. Use the equipment and procedures 
specified in Appendix 2 and Appendix 6 of ICAO Annex 16 to determine 
whether engines meet the applicable smoke standard specified in subpart 
C of this part. The compliance demonstration consists of establishing a 
mean value from testing the specified number of engines, then 
calculating a ``characteristic level'' by applying a set of statistical 
factors that take into account the number of engines tested. Round each 
characteristic level to the same number of decimal places as the 
corresponding emission standard. For turboprop engines, use the 
procedures specified for turbofan engines, consistent with good 
engineering judgment.
    (b) Use a test fuel that meets the specifications described in 
Appendix 4 of ICAO Annex 16. The test fuel must not have additives 
whose purpose is to suppress smoke, such as organometallic compounds.
    (c) Prepare test engines by including accessories that are 
available with production engines if they can reasonably be expected to 
influence emissions. The test engine may not extract shaft power or 
bleed service air to provide power to auxiliary gearbox-mounted 
components required to drive aircraft systems.
    (d) Test engines must reach a steady operating temperature before 
the start of emission measurements.
    (e) In consultation with the EPA, the FAA may approve alternative 
procedures for measuring emissions, including testing and sampling 
methods, analytical techniques, and equipment specifications that 
differ from those specified in this part. Manufacturers and operators 
may request approval of alternative procedures by written request with 
supporting justification to the FAA Aircraft Certification Office and 
to the Designated EPA Program Officer. To be approved, one of the 
following conditions must be met:
    (1) The engine cannot be tested using the specified procedures; or
    (2) The alternative procedure is shown to be equivalent to, or more 
accurate or precise than, the specified procedure.
    (f) The following landing and takeoff (LTO) cycles apply for 
emissions testing and for calculating weighted LTO values:

                                        LTO Test Cycles and Time in Mode
----------------------------------------------------------------------------------------------------------------
                                                                        Class
                                   -----------------------------------------------------------------------------
               Mode                            TP                    TF, T3, T8                    TSS
                                   -----------------------------------------------------------------------------
                                     TIM (min)     % of rO     TIM (min)     % of rO     TIM (min)     % of rO
----------------------------------------------------------------------------------------------------------------
Taxi/idle.........................         26.0            7         26.0            7         26.0          5.8
Takeoff...........................          0.5          100          0.7          100          1.2          100
Climbout..........................          2.5           90          2.2           85          2.0           65
Descent...........................           NA           NA           NA           NA          1.2           15
Approach..........................          4.5           30          4.0           30          2.3           34
----------------------------------------------------------------------------------------------------------------

     (g) Engines comply with an applicable standard if the testing 
results show that the engine type certificate family's characteristic 
level does not exceed the numerical level of that standard, as 
described in the applicable appendix of Annex 16.
    (h) The system and procedure for sampling and measurement of 
gaseous emissions shall be as specified by in Appendices 2, 3, 4, 5 and 
6 to the International Civil Aviation Organization (ICAO) Annex 16, 
Environmental Protection, Volume II, Aircraft Engine Emissions, Third 
Edition, July 2008. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. This document can be obtained from the ICAO, Document 
Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada, 
phone +1 514-954-8022, or www.icao.int or sales@icao.int. Copies can be 
reviewed at the FAA New England Regional Office, 12 New

[[Page 76854]]

England Executive Park, Burlington, Massachusetts, 781-238-7101, or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Sec. Sec.  34.61-34.64  [Reserved]

0
13. Remove and reserve Sec. Sec.  34.61-34.64.

Sec.  34.71  [Reserved]

0
14. Remove and reserve Sec.  34.71.

Subpart H--[Removed]

0
15. Remove subpart H, consisting of Sec. Sec.  34.80 through 34.89.

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
16. The authority citation for part 45 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44101-44105, 
44107-44111, 44504, 44701, 44708-44709, 44711-44713, 44725, 45302-
45303, 46104, 46304, 46306, 47122.

Subpart B--Identification of Aircraft and Related Products

0
17. In Sec.  45.13, revise paragraph (a)(7) introductory text and add 
paragraphs (a)(7)(iv) and (a)(7)(v) to read as follows:

Sec.  45.13  Identification data.

    (a) * * *
    (7) On or after January 1, 1984, for aircraft engines specified in 
part 34 of this chapter, the date of manufacture as defined in Sec.  
34.1 of this chapter, and a designation, approved by the FAA, that 
indicates compliance with the applicable exhaust emission provisions of 
part 34 of this chapter and 40 CFR part 87. Approved designations 
include COMPLY, EXEMPT, and NON-US, as appropriate. After December 31, 
2012, approved designations also include EXEMPT NEW, and EXCEPTED 
SPARE, as appropriate.
* * * * *
    (iv) The designation EXEMPT NEW indicates that the engine has been 
granted an exemption pursuant to the applicable provision of Sec.  
34.7(h) of this chapter; the designation must be noted in the permanent 
powerplant record that accompanies the engine from the time of its 
manufacture.
    (v) The designation EXCEPTED SPARE indicates that the engine has 
been excepted pursuant to the applicable provision of Sec.  34.9(b) of 
this chapter; the designation must be noted in the permanent powerplant 
record that accompanies the engine from the time of its manufacture.
* * * * *

    Issued in Washington, DC, on December 14, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-31109 Filed 12-28-12; 8:45 am]
BILLING CODE 4910-13-P
```