This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

19125 

Vol. 74, No. 80 

Tuesday, April 28, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 34 

[Docket No. FAA–2009–0112; Amendment 

No. 34–4] 

RIN 2120–AJ41 

Emission Standards for Turbine 

Engine Powered Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the 

emission standards for turbine engine 

powered airplanes to incorporate the 

standards adopted by the United States 

Environmental Protection Agency 

(EPA). This rule also amends certain test 

procedures for gaseous exhaust 

emissions, which are based on the 

standards of the International Civil 

Aviation Organization (ICAO) for 

gaseous emissions of oxides of nitrogen 

(NOX). This rule will bring the 

standards of 14 CFR part 34 into 

alignment with 40 CFR part 87 as 

required. 

DATES: This amendment becomes 

effective June 29, 2009. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register as of June 29, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, 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; e-mail: aimee.fisher@faa.gov. 

For legal questions concerning this rule, 

contact Karen Petronis (AGC–200), 

Office of the Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3073; e-mail: 

karen.petronis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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, Section 

44714, Aviation Fuel Standards. Under 

that section, the FAA is charged with 

prescribing standards to control or 

eliminate aircraft emissions that the 

Administrator of the Environmental 

Protection Agency has found to 

endanger the public health or welfare, 

pursuant to his authority found in 

Section 231 of the Clean Air Act (42 

U.S.C. 7571). These regulations are 

within the scope of that authority 

because we are adopting the standards 

previously mandated by the EPA. 

Background 

Section 232 of the Clean Air Act 

Amendments of 1970 (the Act), 42 

U.S.C. 7401 et seq., requires the FAA to 

issue regulations that ensure 

compliance with all aircraft emission 

standards promulgated by the 

Environmental Protection Agency (EPA) 

under Section 231 of the Act. 

The EPA originally promulgated 

standards for engine fuel venting 

emissions, engine smoke emissions, and 

exhaust gas emissions of unburned 

hydrocarbons (HC), oxides of nitrogen 

(NOX), and carbon monoxide (CO) in 40 

CFR part 87. Since the EPA established 

the first standards in 1973, the FAA has 

worked with the International Civil 

Aviation Organization (ICAO) to 

develop international aircraft exhaust 

emissions standards for NOX, CO, HC, 

and smoke (SN). The FAA added the 

1997 EPA standards for NOX and CO in 

February 1999 (64 FR 5556, February 3, 

1999). 

In September 2003, the EPA proposed 

new standards for engine fuel venting 

emissions, engine smoke emissions, and 

exhaust gaseous emissions of NOX (68 

FR 56226, September 30, 2003). The 

proposal was designed to align the U.S. 

emissions standards with those of ICAO. 

The EPA adopted the proposed 

standards in November 2005 (70 FR 

69664, November 17, 2005). The 

National Association of Clean Air 

Agencies (NACAA) sought review of the 

EPA’s action, arguing that the EPA’s 

interpretation of the Act was 

impermissible. The EPA had found that 

the Act does not require the agency to 

subordinate all other concerns to 

emissions reduction and reach a 

‘‘technology-forcing’’ result. In essence, 

NACAA argued that the 2005 standards 

did not require enough reduction in 

emissions and that the EPA had failed 

to set a firm timeline for tightening the 

standards in the future. 

On June 1, 2007, the United States 

Court of Appeals for the District Of 

Columbia Circuit found in favor of the 

EPA (489 F.3d 1221). The court 

accepted the EPA’s interpretation of the 

Act and its responsibilities in setting 

aircraft emissions standards. With that 

challenge to the standards no longer at 

issue, we are amending 14 CFR part 34 

to reflect the standards promulgated by 

the EPA in 2005. 

Analysis of Rule as Adopted 

Although the language of this 

amendment is not identical to the 

comparable sections adopted by the 

EPA, any differences are solely the 

result of differences in format between 

the sets of regulations in 40 CFR and 14 

CFR. No changes in the standards were 

meant nor may any be implied by any 

differences between the sets of 

regulations. 

Sections 34.64, 34.71, 34.82, and 

34.89 of 14 CFR are amended by 

revising the incorporation by reference 

to specify that the system and 

procedures for sampling and 

measurement of gaseous emissions are 

those found in ICAO Annex 16, 

Environmental Protection, Volume II, 

Aircraft Engine Emissions, Second 

Edition, July 1993, through Amendment 

3 (March 20, 1997). This amendment 

also corrects the effective date of 

Volume II, removes the reference to the 

FAA Rules Docket Room, and updates 

the address for ICAO’s Document Sales 

Unit. 

The only substantive changes to this 

regulation are the NOX standards added 

in § 34.21(d)(1)(vi). All other changes 

are reference updates to the newer 

version of ICAO Annex 16 as noted. 


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19126 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

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. 

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. We 

have determined that there is no current 

or new requirement for information 

collection associated with this 

amendment. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with 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 proposed regulations. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs 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 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 existing EPA 

regulations. A full regulatory evaluation 

is unwarranted because the FAA is not 

imposing a new rule on the aviation 

industry. The EPA has accounted for 

any costs associated with these changes 

in its rulemaking (70 FR 69664, 

November 17, 2005). 

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. 

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-forprofit 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 

and test procedures for gaseous exhaust 

emissions. With this final rule, the FAA 

adopts a previously approved EPA rule 

to bring the standards of 14 CFR part 34 

into alignment with 40 CFR part 87 as 

required by law. Therefore, as the acting 

FAA Administrator, I certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Impact Analysis 

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 any 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 are not 

considered unnecessary obstacles to the 

foreign commerce of the United States, 

so long as the standards have a 

legitimate domestic objective, such the 

protection of safety, and do 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 notes the purpose is to ensure the 

safety of the American public and has 

assessed the effects of this rule to ensure 

it does not exclude imports that meet 

this objective. As a result, this final rule 

will impose the same costs on domestic 

and international entities and thus has 

a neutral trade impact. 

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 

(adjusted annually for inflation with the 

base year 1995) 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 

$136.1 million in lieu of $100 million. 

This final rule does not contain such a 


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Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 19127 

mandate. The requirements of Title II do 

not apply. 

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 and, therefore, 

does not have federalism implications. 

Environmental Analysis 

In accordance with FAA Order 

1050.1E, the FAA has determined that 

this action is categorically excluded 

from environmental review under 

section 102(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 emissions standards.’’ This rule 

amends the emission standards for 

turbine engine powered airplanes, and 

certain test procedures for gaseous 

exhaust emissions, to incorporate the 

standards adopted by the EPA based on 

the ICAO standards for gaseous 

emissions of oxides of nitrogen (NOX). 

This rule brings FAA regulatory 

standards for emissions into alignment 

with EPA emissions standards, as 

required by law. This action qualifies 

for a categorical exclusion because no 

significant impacts to the environment 

are expected to result from its 

finalization or implementation and no 

extraordinary circumstances exist as 

prescribed under Chapter 3, paragraph 

304 of Order 1050.1E. 

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 (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. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (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.gpoaccess.gov/fr/index.html. 

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 amendment number or 

docket number of this rulemaking. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://DocketsInfo.DOT.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact your local FAA official, or 

the person listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. You can find 

out more about SBREFA on the Internet 

at http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Good Cause for Adoption of This Final 

Rule 

This regulation is being promulgated 

as a final rule without notice and 

opportunity for prior public comment. 

The standards adopted in this rule were 

the subject of full notice and comment 

rulemaking by the EPA, and were 

published as amendments to 40 CFR 

part 87 in 2005. They are already 

required for aircraft engine certification 

under those regulations. Accordingly, 

we have determined that notice and 

prior public comment has already been 

accomplished. The FAA has no reason 

to believe that a request for public 

comment at this time would result in a 

receipt of useful information. 

Opportunity for public comment was 

provided by the EPA in its 2003 NPRM, 

and comments received were addressed 

by that agency. 

List of Subjects in 14 CFR Part 34 

Air pollution control, Aircraft, 

Incorporation by reference. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations part 34 as follows: 

PART 34—FUEL VENTING AND 

EXHAUST EMISSION REQUIREMENTS 

FOR TURBINE ENGINE POWERED 

AIRPLANES 

■ 1. The authority citation for part 34 

continues to read as follows: 

Authority: 42 U.S.C. 4321 et seq., 7572; 49 

U.S.C. 106(g), 40113, 44701–44702, 44704, 

44714. 

■ 2. Amend § 34.21 to add new 

paragraph (d)(1)(vi) to read as follows: 

§ 34.21 Standards for exhaust emissions. 

* * * * * 

(d) * * * 

(1) * * * 

(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: 

(A) That have a rated pressure ratio of 

30 or less and a maximum rated output 

greater than 89 kilonewtons: Oxides of 

Nitrogen: (19 + 1.6 (rPR)) grams/ 

kilonewtons rO. 

(B) That have a rated pressure ratio of 

30 or less and a maximum rated output 

greater than 26.7 kilonewtons but not 

greater than 89 kilonewtons: Oxides of 

Nitrogen: (37.572 + 1.6(rPR) 

¥0.2087(rO)) grams/kilonewtons rO. 

(C) That have a rated pressure ratio 

greater than 30 but less than 62.5, and 

a maximum rated output greater than 89 

kilonewtons: Oxides of Nitrogen (7 + 

2(rPR)) grams/kilonewtons 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 kilonewtons but not greater than 89 

kilonewtons: Oxides of Nitrogen: (42.71 

+ 1.4286(rPR) ¥ 0.4013(rO) + 

0.00642(rPR x rO)) grams/kilonewtons 

rO. 

(E) That have a rated pressure ratio of 

62.5 or more: Oxides of Nitrogen: (32 + 

1.6 (rPR)) grams/kilonewtons rO. 

* * * * * 

■ 3. Revise § 34.64 to read as follows: 

§ 34.64 Sampling and analytical 

procedures for measuring gaseous exhaust 

emissions. 

The system and procedure for 

sampling and measurement of gaseous 


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19128 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

emissions shall be as specified by in 

Appendices 3 and 5 to the International 

Civil Aviation Organization (ICAO) 

Annex 16, Environmental Protection, 

Volume II, Aircraft Engine Emissions, 

Second Edition, July 1993, effective July 

26, 1993, through Amendment 3 (March 

20, 1997). 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 

International Civil Aviation 

Organization (ICAO), Document Sales 

Unit, 999 University Street, Montreal, 

Quebec H3C 5H7, Canada, phone +1 

514–954–8022, or http:// 

icaodsu.openface.ca/mainpage.ch2. 

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. 

■ 4. Revise § 34.71 to read as follows: 

§ 34.71 Compliance with gaseous 

emission standards. 

Compliance with each gaseous 

emission standard by an aircraft engine 

shall be determined by comparing the 

pollutant level in grams/kilonewton/ 

thrust/cycle or grams/kilowatt/cycle as 

calculated in § 34.64 with the applicable 

emission standard under this part. An 

acceptable alternative to testing every 

engine is described in Appendix 6 to 

ICAO Annex 16, Environmental 

Protection, Volume II, Aircraft Engine 

Emissions, Second Edition, July 1993, 

effective July 26, 1993, including all 

amendments through Amendment 3 

(March 20, 1997). 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 

International Civil Aviation 

Organization (ICAO), Document Sales 

Unit, 999 University Street, Montreal, 

Quebec H3C 5H7, Canada, phone +1 

514–954–8022, or http:// 

icaodsu.openface.ca/mainpage.ch2. 

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. Other methods of 

demonstrating compliance may be 

approved by the FAA Administrator 

with the concurrence of the 

Administrator of the EPA. 

■ 5. Revise § 34.82 to read as follows: 

§ 34.82 Sampling and analytical 

procedures for measuring smoke exhaust 

emissions. 

The system and procedures for 

sampling and measurement of smoke 

emissions shall be as specified by 

Appendix 2 to ICAO Annex 2 to ICAO 

Annex 16, Environmental Protection, 

Volume II, Aircraft Engine Emissions, 

Second Edition, July 1993, effective July 

26, 1993, through Amendment 3 (March 

20, 1997). 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 

International Civil Aviation 

Organization (ICAO), Document Sales 

Unit, 999 University Street, Montreal, 

Quebec H3C 5H7, Canada, phone +1 

514–954–8022, or http:// 

icaodsu.openface.ca/mainpage.ch2. 

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. 

■ 6. Revise § 34.89 to read as follows: 

§ 34.89 Compliance with smoke emission 

standards. 

Compliance with each smoke 

emission standard shall be determined 

by comparing the plot of SN as a 

function of power setting under the 

applicable emission standard under this 

part. The SN at every power setting 

must be such that there is a high degree 

of confidence that the standard will not 

be exceeded by any engine of the model 

being tested. An acceptable alternative 

to testing every engine is described in 

Appendix 6 to ICAO Annex 16, 

Environmental Protection, Volume II, 

Aircraft Engine Emissions, Second 

Edition, July 1993, effective July 16, 

1993, including all amendments 

through Amendment 3 of March 20, 

1997. 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 

International Civil Aviation 

Organization (ICAO), Document Sales 

Unit, 999 University Street, Montreal, 

Quebec H3C 5H7, Canada, phone +1 

514–954–8022, or http:// 

icaodsu.openface.ca/mainpage.ch2. 

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. Other methods of 

demonstrating compliance may be 

approved by the FAA Administrator 

with the concurrence of the 

Administrator of the EPA. 

Issued in Washington, DC on April 20, 

2009. 

Lynne A. Osmus, 

Acting Administrator. 

[FR Doc. E9–9433 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30664; Amdt. No. 3319] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective April 28, 

2009. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 


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