G.  Possible Future Revisions to Emission Standards for New Technology Turbine Engines and Supersonic Aircraft Turbine Engines
As a general matter, emission standards not only apply to all conventional turbofan aircraft engines greater than 26.7 kNs, but also to all aircraft engines designed for applications that otherwise would have been fulfilled by turbofan aircraft engines.   The high price of jet fuel, current emphasis on fuel economy, and need to reduce emissions have renewed interest in open rotor propulsion designs for future aircraft gas turbine engines.  Essentially, the fan of an open rotor engine is not contained within anengine nacelle as it is with a conventional turbofan engine.  This design has also been referred to as an unducted fan, propfan, or ultra-high bypass engine.  At least two engine manufacturers are actively pursuing such designs for certification in the 2018 timeframe.
It now appears that certain aspects of EPA'sgas turbine engine emission standards may be incompatible with these new designs.  For example, the current landing and takeoff cycle for emissions certification is based on conventional engine designs where a significant amount of thrust is generated by an idling engine.  Specifically, idle emissions are measured and calculated at seven percent of the engine's rated thrust.  However, the fan/prop blades of an open rotor engine may be variable in pitch and this may allow the blades to be "feathered" at idle.  In that position, the blades are rotated so very little thrust is generated as the engine idles and generates emissions.  Also, future aircraft using these engine designs may fly at somewhat slower speeds.  This might affect the time these aircraft spend during the climbout mode of the landing and takeoff cycle.  Therefore, the traditional landing and takeoff cycle used in turbofanengine emissions certification may need to be revised in the future to accommodateopen rotor engines.
We will be working within CAEP to evaluate the differences between conventional turbine engine and open rotor engine technologies, and to revise the emission standards and test procedures as appropriate for these latter engines.  If any changes are required, EPA will undertake rulemaking to revise our regulations accordingly.
There may also be changes in the emission standards and test procedures for engines used to power future supersonic transport aircraft designs.  The emission standards for these engines were originally developed in the early 1970s in response to the Aerospatiale-BAC Concorde.  Since that time, there have been varying levels of interest in developing a new generation of supersonic transport.  As a result, the current CAEP work program is evaluating the status of supersonic aircraft engine development and the potential need for new emission standards and test procedures.  Our recent discussions with engine manufacturers indicate that no substantive work is being undertaken at this time, however.  We will continue to work within CAEP on this issue and undertake rulemaking to revise the regulations for supersonic aircraft engines as appropriate.
We request comments on the status and timing of open rotor and future engine designs for supersonic aircraft,and how the aircraft engine emission standards and test procedures may need to be modified to accommodate these types of engines.

IV.  Description of Other Revisions to the Regulatory Text
In addition to the proposed changes discussed above, we are proposing a number of other changes to the regulatory program.  Most of these changes are designed to bring the program into conformity with current technology and current technical or policy practice.  Each of these is discussed below.
A.  Applicability Issues
This section discusses how the proposed rule relates to engines used in military and noncommercial civilian aircraft.  We do not believe the proposed changes would have practical significance for current engine models because the changes align with manufacturers' current practice in certifying their engines.
1.  Military Engines
We do not intend our proposal to have any impact on engines installed on military aircraft.  Military aircraft are not required to have FAA standard airworthiness certificates, and our 1997 endangerment finding for NOx and CO emissions and resulting standards did not cover military aircraft (see 62 FR at 25359).  As such, engines used in military aircraft are not required to meet EPA emission standards, since our current regulations define "aircraft" subject to our rules as any airplane for which a U.S. standard airworthiness certificate (or foreign equivalent) is issued.  (See 40 C.F.R. § 87.1(a) of the existing regulations.)  Currently, manufacturers certificate some engine models used in military aircraft with the FAA (with respect to emissions), because these engine models also have commercial applications and have to be certificated for such use.  Our proposed new standards and requirements would continue to apply only to engines for which standard airworthiness certificates are issued, and it is not our intent to interfere with current practice with regard to engine models with joint commercial/military applications to the extent such engines are used in military aircraft.  Although civilian aircraft applications of all such engines would be subject to the new standards and production cutoff, we are proposing to include a statement in the regulations to clarify that the proposed production cutoff would not apply for previously certificated engines that are installed and used in military aircraft.
cutoff2.  Noncommercial Engines
The current section 87.21(d) specifies that gaseous emission standards apply to enginesused in commercial applications with rated thrusts greater than 26.7 kN.  These are engines intended for use by an air carrier or a commercial operator as defined in Chapter I, Title 49 of the United States Code and title 14 of the Code of Federal Regulations.  Therefore, engines of equivalent thrust ratings that are used in aircraft certificated by the FAA that are used in non-revenue, general aviation service are not required to comply withourcurrent HC, CO, and NOxexhaust emission standards in §87.21(d).  They are subject, however, to the current standards for smoke and fuel venting.
We are proposing to apply the proposed gaseous emission standards for commercial engines to their noncommercial civilian counterparts that are required to obtain standard airworthiness certificates.  There are a couple of reasons for doing this.  First, the ICAO Annex 16 standards and recommended practicesapply equally to commercial and noncommercial engines, and our rules' current failure to reflect this means that our requirements do not fully conform to ICAO's standards.  Second, manufacturers already emissions certify engines that are used in non-revenue, general aviation service to these standards...  Therefore, this proposal simply incorporates the status quo.
In order to make EPAstandards conform to ICAO's, we need to, in addition to promulgating the necessary regulatory amendments, update the underlying finding regarding the need to limit gaseous emissions from commercial and non-commercial civilian aircraft, pursuant to CAA section 231(a)(2)(A).  In 1997, our analysis and finding, and hence our regulations, were limited to commercial aircraft emissions.  (See 62 FR at 25358.)  Today, we are proposing to expand that analysis and finding to include gaseous emissions from both commercial and non-commercial civilian aircraft engines with rated thrusts greater than 26.7 kN.
These noncommercial and commercial engines have a great deal in common.  First, they each use the same thermodynamic engine cycle (i.e., a gas (air) compressor, fuel combustor, and expansion turbine), engine design, and technology.  That means they emit the same pollutants, i.e., HC, CO, and NOx.  Second, they are each used in the same manner, i.e., landing and takeoff operations from airports in the U.S., including commercial airports in ozone and CO nonattainment areas.  That means their emissions are geographically, spatially, and temporally similar, and that they collectively contribute to ozone and CO nonattainment concentrations and are projected to continue to do so.  Third, noncommercial engines are usually the same engine model and sometimes sub-model as engines used in commercial operations, which makes distinguishing between commercial and noncommercial engines somewhat artificial.  These attributes, taken together, demonstrate that engines used in commercial and noncommercial service have the same effect on the environment as their commercial counterparts.   Therefore, the Administrator is proposing to find that commercial and noncommercial applications for turbofan and turbojet engines with rated thrusts greater than 26.7kN collectively cause or contribute to the same air pollution as their commercial counterparts.  Our emissions assessment supporting this conclusion is contained in the docket for this proposed rulemaking.
B.  Non-substantive Revisions
We are also taking the opportunity to revisit the clarity of other regulatory provisions in part 87.  Many of these provisions were first written 30 or 40 years ago with little or no change since then.  We are proposing changes to the text related to some of these provisions to better organize, clarify, and update the regulations.  Our goal is to revise the regulations in part 87 to properly organize the content of the regulation, use clearer language to describe the applicable requirements, clarify some definitions, and clear up a variety of terms and current practices that have not been adequately addressed.
Except as discussed in previous sections, the proposed changes to part 87 are not intended to significantly change the certification and compliance program.  We are not reopening for comment the substance of any part of the program that remains unchanged substantively.  Specifically, for those instances where we propose to move a provision to a different section or reword a provision in clearer language, we do not consider those changes to be substantive.  It is also important to note that the changes to the regulation apply starting with the date that the final rule takes effect.
In particular, it is worth emphasizing that while we are restating the HC, CO, and smoke standards, as they would apply to Tier 6 and later NOx standard-subject engines, in a new part 87.23, we are not proposing them as new standards or otherwise reopening them for comment.  The HC, CO, and smoke standards in the proposed part 87.23 are identical to the existing standards of part87.21 and are being copied into the new section merely for clarity to readers.
The proposed rule includes the following definitions and other minor changes in addition to those changes described earlier in this section or in section III:
The definition of the term "aircraft" is being revised to be consistent with its meaning under FAA regulations in 14 CFR 1.1.  The existing part 87 definition limits "aircraft" to be only those craft issued an airworthiness certificate.  This was done as a way to specify the applicability of the standards.  However, this can cause confusion in a variety of ways.  For example, this departs from the plain meaning of "aircraft," as well as from the meaning given under the Clean Air Act and Title 49 of the United States Code.  The proposed definition aligns with these statutory definitions.  The changed wording is intended to clarify the existing policy without changing it.
Text specifying general applicability is being added to part 87.3 to be consistent with the new definition of "aircraft" and maintain the effective applicability of the existing regulations, which uses narrow definitions to limit applicability.  For example, the existing regulations limit the applicability of the standards by defining "aircraft" to only include fixed-wing airplanes with airworthiness certificates.  They exclude non-propulsion engines from the definition of "aircraft engine" and turboshaft engines from the definition of "aircraft gas turbine engine."  We believe it is more appropriate to explicitly exclude these engines in an applicability section than to rely on readers finding these exclusions in the definitions section.  We are also renaming part 87.3 as "General applicability and requirements" and reorganizing the content for clarity.  Finally, we are replacing the existing regulatory text related to federal preemption for exempted engines in part 87.7(f) with a codification of the statutory preemption language in part 87.3 and an explanatory note that the statutory preemption applies to exempted engines because they are certified to prior-tier standards.
ICAO Annex 16 is being incorporated by reference for test procedures.  This involves a broader reference to Annex 16, with less content repeated in part 87.  However, this does not substantively change the test procedures that apply since the existing procedures are based directly on Annex 16.  As part of this change, we are adding the ICAO definition of "characteristic level" to properly describe how manufacturers demonstrate that they meet applicable standards.
Definitions are being added for "date of introduction," "date of manufacture," and "derivative engine for emissions certification purposes", and the definition of "engine model" is being revised,  to more carefully describe when new emission standards apply to specific aircraft engines.  These definitions are generally consistent with the most common understandings of these terms by industry and FAA, and with the CAEP/8 recommendation for adoption by ICAO.Except for engines subject to exemptions, there will be no more engines required to be certified to the standards specified in part 87.21, so changing the definition of "engine model" will not change the requirements for engines certified to the Tier 4 or earlier standards.  For the benefit of the reader, we are also reprinting the following definitions that remain unchanged, without requesting comment on those definitions:
:: Aircraft engine
:: Aircraft gas turbine engine
:: Class TP
:: Class TF
:: Class T3
:: Class T8
:: Class TSS
:: Commercial aircraft gas turbine engine
:: Fuel venting emissions
Specific provisions are being added to define and require the use of "good engineering judgment."  This applies for instances where the regulation cannot spell out every technical detail of how a manufacturer should comply with the regulation.  For example, the proposed regulations would rely on good engineering judgment being used on the engineering analysis of emissions equivalency for derivative engines (§87.48(b)(2)), and for applying the turbofan test procedures to turboprop engines (§87.60(a)).  The general approach for implementing goodengineeringjudgment is to allow manufacturers to exercise some judgment subject to potential EPA and FAA review (as appropriate).   The consequences of disagreements with a manufacturer's decision would depend on whether we believe the manufacturer made the decision in good faith.  Where the manufacturer makes its decision in good faith, EPA or FAA could require a different approach for future work if we believe it would represent better engineering judgment..  We believe these provisions reflect the spirit of approach being used today to interpret the applicable regulations.
Provisions are being added specifying rounding practices for rated output, rated pressure ratio, and calculated emission standards; generally specifying that they be expressed to at least three significant figures.  These specifications are consistent with how manufacturers are generally certifying engines today.  Defining how to round these values would prevent manufacturers in the future from effecting small changes in the level of the emission standards to which they certify their engines.  This is because standards are calculated using the numerical values of the rated output and rated pressure ratio.  Without these specifications, manufacturers could subject themselves to a slightly less stringent standard by selectively rounding or truncating an engine model's rated output to be low and its rated pressure ratio to be high, or by strategically rounding the calculated standard itself. While this has not been an issue in the past, it is important to maintain a level playing field for all manufacturers as standards become more stringent.  We do not expect any more engines type-certificated to the standards specified in part 87.21, so the specified procedures for rounding these values will not change the requirements for engines certified to the Tier 4 or earlier standards
Definitions are being added for "turbofan engine," "turbojet engine," "turboprop engine," "turboshaft engine," "supersonic," and "subsonic" to avoid any uncertainty about how the standards apply to different types of engines.  The proposed definitions are intended to reflect the plain meaning of these terms.
The proposed regulations include the following additional amendments:
                                Regulation cite
                           Description of Amendment
                                     Notes
87.1
Add definition of "characteristic level".
The characteristic level is established by ICAO Annex 16 as a means of calculating a statistical adjustment to measured emission results to take into account the level of uncertainty corresponding to the number of tests run for a given pollutant.
87.1
Remove definitions for "emission measurement system", "power setting", "sample system", "shaft power", "taxi/idle (in)", and "taxi/idle (out)."
These terms will no longer be used in part 87.  There will be no more engines certified to the standards specified in §87.21, so removing these definitions will not change the requirements for engines certified to the Tier 4 or earlier standards.
87.1
Revise definition of "exhaust emissions" and "smoke".
The new language references the emission testing procedures, since that is the practical meaning of these terms in part 87.  This clarifies, for example, that emissions from the nozzle of an aircraft or aircraft engine count as exhaust emissions only if they are measured using the specified test procedures.  There will be no more engines certified to the standards specified in §87.21, so revising these definitions will not change the requirements for engines certified to the Tier 4 or earlier standards.
87.1
Define "new" instead of defining "new aircraft turbine engine".
The regulations also refer to new turboprop engines and new engines used for supersonic aircraft, so it is appropriate to define the adjective as it relates to these different kinds of engines.  This approach does not change the meaning of the applicable terms and therefore has no bearing on the requirements that applied under the standards specified in §87.21.
87.1
Revise the definition of "standard day condition": (1) remove the reference to the 1976 U.S. Standard Atmosphere, (2) correct a typographical error in the humidity specification, and (3) change the atmospheric pressure units from Pa to kPa.
The editorial changes do not involve any substantive change in the specified conditions.
87.2
Remove FAA from the list of acronyms in §87.2 and add it to the set of defined terms in §87.1.
This is intended to not involve a change in emission standards or implementation.
87.3
Add provisions describing the scope of applicability of part 87.
The broad statement in §87.3 is not intended to conflict with the applicability statements in individual subparts, since those additional statements indicate that certain requirements in part 87 apply more narrowly.  All applicability statements in the proposed rule are intended to be consistent with current policy.
87.3
Remove the provision related to preemption of state standards for exempted aircraft and replace it with the preemption provision in the Clean Air Act.
This change more carefully tracks the statutory provisions related to preemption.
87.5
Move the provisions related to special test procedures to §87.60.
This provision, and the similar provision from §87.3(a), should be described together in the context of the testing requirements in subpart G.
87.21
Identify the specific date when the smoke standard started to apply for turbofan engines with rated output less than 26.7 kilonewtons.
This corrects a typographical error from the Federal Register.
87.21
Revise paragraph (f) to correctly reference the regulatory sections that describe the applicable test procedures.
This change is strictly editorial.
87.60
Revise the description of test procedures to rely broadly on the procedures specified in ICAO Annex 16.  This includes a variety of recent changes to the Annex 16 procedures.
There will be no more engines certified to the standards specified in §87.21, so any changes to the test procedures will not change the requirements for engines certified to the Tier 4 or earlier standards.  Moreover, engine manufacturers are expected to perform all their testing based on the current test procedures from ICAO Annex 16, regardless of the standards that apply.

C.  Clarifying Language for Regulatory Text
The proposed regulations incorporate the changes described in this preamble.  The following table highlights and clarifies several provisions that may not be obvious to the reader.

                                Regulation cite
                                     Note
87.1, Definition of "aircraft"
This definition would revert to the normal FAA definition of aircraft, rather than the much narrower current definition in part 87.  To understand this change, the proposed definition needs to be considered along with the proposed changes to applicability in 87.3(a).
87.1, Definition of "date of manufacture"
This is generally the same definition as given in ICAO Annex 16.  However, our definition addresses certain specific circumstances that could possibly occur, but that are not addressed by the Annex.  For example, our definition would provide a date of manufacture for an engine not previously documented by a manufacturer.
87.1, Definition of "derivative engine for emissions certification purposes"
It is important to consider this definition in combination with the definition of "engine type certificate family".
87.1 Definition of "engine model"
A manufacturer or FAA may further divide an engine model into sub-models.  Engines from an engine model must be contained within a single engine type certificate family.  Where FAA determines that engines are not sufficiently similar to be included under a single type certificate, they will not be considered to be the same engine model for purposes of part 87.
87.1, Definition of "military aircraft" and 87.23(d).
In §87.23(d) we clarify that the production cutoff does not apply for military aircraft engines (even if they have been certificated).  In §87.1, we define military aircraftto mean "aircraft owned by, operated by, or produced for sale to the armed forces or other agency of the federal government responsible for national security (including but not limited to the Department of Defense)."For example, aircraft owned by the U.S. Coast Guard would be military aircraft.
87.1, Definition of "production cutoff date"
The production cutoff date for the Tier 6 NOx standards is December 31, 2012.
87.1, Definition of "spare engine"
Newly manufactured spare engines may be excepted under §87.50.
87.1, Definitions of tiers
As specified in the definitions of "Tier 0" through "Tier 8", tiers apply only for NOx standards.  Tiers do not apply for HC, CO, and smoke standards because these continue to apply, independent of the NOx standards.
87.23(d)(2)
The allowance to continue production of Tier 6 engines after the Tier 8 standards start to apply is not necessary for engines with rated pressure ratio at or above 104.7 because the Tier 6 and Tier 8 standards are numerically identical at these thrust levels.
87.42(c)(1)
§87.42 requires that manufacturer report the engines it produces by sub-model.  The manufacturer must specify the manufacturer's unique sub-model name, which will generally include a model name and a sub-model name.  It may also include a family name.
87.50
This provision specifies that EPA must provide written concurrence for exemptions.

87.50(a)(6)
This provision requires manufacturers to promptly notify the FAA if new or changed information could have affected approval of an exemption.  For corrections to an exemption request that would not affect the approval of the exemption, manufacturers may include the updated information in the annual report described in §87.50(e).

V.Technical Feasibility, Cost Impacts, Emission Benefits
During the CAEP process, the technical feasibility and cost of compliance of the CAEP/6 and CAEP/8 NOx standards were thoroughly assessed and documented.[,]EPA participated in these analyses and supported the results.  Generally, CAEP considered certain factors as pertinent to the cost estimates of a technology level for engine changes, and these factors or technology levels are described below.  The first technology level was regarded as a minor change, and it could include modeling work, minor design changes, and additional testing and re-certification of emissions.  The second technology level was considered a scaled proven technology.  At this level an engine manufacturer applies its best-proven, combustion technology that was already certified in at least one other engine type to another engine type.  This second technology level would include substantial modeling, design, combustion rig testing, modification and testing of development engines, and flight testing.   The third technology level was regarded as new technology or current industry best practice, and it was considered where a manufacturer has no proven technology that can be scaled to provide a solution and some technology acquisition activity is required.  (One or more manufacturers have demonstrated the necessary technology, while the remaining manufacturers would need to acquire the technology to catch up.)  Since the effective date for the CAEP/6 NOx standard was January 1, 2008 and nearly all in-production engines currently meet this standard, we will limit our discussion below of applying these technology levels to engines that needed to comply with the CAEP/8 NOx standard.
At the time of the CAEP reports, the CAEP/8 NOx standard for higher thrust engines, i.e., 89.0kN or more would apply to a total of 15 engine types.  For these types the following technology level response was anticipated: 6 types would require no change, 1 type would need the first technology level change, 5 would require the second technology level, and 3 would need the third technology level.  For lower thrust engines, i.e., greater that 26.7 but less than 89.0kN, CAEP listed a total of 13 engine types in their analysis of the CAEP/8 NOx standard.  The following technology level response was estimated for these types: 11 types would require no change, 1 type would need the first technology level change, and 1 type would require a second technology.
	Regarding the costs of this specific proposal, aircraft turbofan engines are designed and build for use on aircraft that are sold and operated throughout the world.  As a result, engine manufacturers respond to this market reality by designing and building engines that conform to ICAO international standards and practices.  This normal business practice means that engine manufacturers are compelled to make the necessary business decisions and investments to maximize their international markets even in the absence of U.S. regulations that would otherwise codify ICAO standards and practices.  Indeed, engine manufacturers have developed or are already developing improved technology in response to ICAO standards that match the standards proposed here.  Also, the proposed recommended practices, e.g., test procedures, needed to demonstrate compliance are being adhered to by manufacturers during current engine certification tests, or will be even in the absence a final rule.  Therefore, EPA believes that today's proposed standards and practices that conform with ICAO standards and practices will impose no real additional burden on engine manufacturers.  This finding, regarding no incremental burden, is also consistent with past EPA rulemakings that adopted ICAO requirements.((See 62FR25356 (May 8, 1997) and 70FR69664 (November 11, 2005)).

	In fact, engine manufacturers have suggested that certain benefits accrue for compliant products when the U.S. adoptions ICAO standards and practices, but have not provided detailed information regarding these benefits.  Primarily, such action makes FAA certification more straightforward and transparent.  That in turn is advantageous when marketing their products to potential customers, because compliance with ICAO standards is an important consideration in purchasing decisions.  It simply removes any question that their engines comply with international requirements.There will be some cost, however, associated with our proposed annual reporting requirement for emission related information.  (See section III.D. for a description of the proposed reports.)  There are a total of 10 engine manufacturers that would be affected.  Eight of these produce turbofan engines with rated thrusts greater than 26.7kN, which are already voluntarily reported to the ICAO-related Emissions Databank (EDB).  We expect the incremental reporting burden for these manufacturers to be very small because we: 1) have significantlyreduced the number of reporting elements from those requested in the EDB, and 2) are adding onlythree basic reporting categories to those already requested by the EDB.  Also, four of the eightmanufacturers make smaller turbofan and turboprop engines that will be reporting for the first time.  This will add a small incremental burden for these four manufacturers that otherwise already voluntarily report to the EDB.  There are also two engine manufacturers that only produce turbofan engines with rated thrusts less than or equal to 26.7kNand they will be reporting for the first time.  For these two manufacturers we believe that the reporting burden will be small because all of the information we are proposing to require should be readily available, and these manufacturers have a very limited number of engine models.
We have estimated the annual burden and cost to be six hours and $365 per manufacturer.  With 10 manufacturers submitting a reports, the total burden of this reporting requirement is estimated to be 60 hours, for a total cost of $3,646.
Turning to emission benefits, CAEP's assessments indicated that the CAEP/8 NOx standards would provide global NOx reductions, which would translate to emission reductions in the U.S.   The global LTO NOx reductions were estimated to be about 5.5 percent in 2026 and 7 percent in 2036 relative to the baseline.  According to an analysis we had conducted for the U.S., it was estimated that this would translate to LTO NOx reductions in the U.S. of about 0.7 percent in 2020 and 1.1 percent in 2030, and the cumulative LTO NOx reductions from 2014 to 2030 (2014 is the implementation date of the CAEP/8 NOx standards) were projected to be about 17,000 NOx tons.
VI. Coordination with FAA
	The requirements contained in this action are being proposed after consultation with the Federal Aviation Administration (FAA).  Section 231(a)(2)(B)(i) of the CAA requires EPA to "consult with the Administrator of the [FAA] on aircraft engine emission standards" 42 U.S.C. 7571(a)(2)(B)(i), and section 231(a)(2)(B)(ii) indicates that EPA "shall not change the aircraft engine emission standards if such change would significantly increase noise...."  42 U.S.C. 7571(a)(2)(B)(ii).  Section 231(b) of the CAA states that "[a]ny regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period."  42 U.S.C. 7571(b).  Section 231(c) provides that any regulation under section 231 "shall not apply if disapproved by the President...on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety."  42 U.S.C. 7571(c).  Under section 232 of the CAA, the Department of Transportation (DOT) has the responsibility to enforce the aircraft emission standards established by EPA under section 231.  As in past rulemakings and pursuant to the above referenced sections of the CAA, EPA has coordinated with the FAA, i.e., DOT, with respect to today's action.
Moreover, FAA is the official U.S. delegate to ICAO.  FAA agreed to the amendments at ICAO's Sixth and Eighth Meetings of the Committee on Aviation Environmental Protection (CAEP/6) after advisement from EPA.  FAA and EPA were both members of the CAEP's Working Group 3 (among others), whose objective was to evaluate emissions technical issues and develop recommendations on such issues for CAEP/6 and CAEP/8.  After assessing emissions test procedure amendments and new NOx standards, Working Group 3 made recommendations to CAEP on these elements.  These recommendations were approved by CAEP/6 meetings prior to their adoption by ICAO in 2004.Similarly, the more recent Working Group 3 recommendations were approved by CAEP/8 and subsequently recommended to ICAO for adoption.
In addition, as discussed above, FAA will have the duty to enforce today's requirements.  As a part of these duties, the FAA witnesses the emission tests or delegates aspects of that responsibility to the engine manufacturer, which is then monitored by the FAA.

VII. Public Participation
	We request comment on this proposal, however, we are not reopening for comment the substance of any part of the program that remains substantially unchanged as described in section IV.B.  The remainder of this section describes how you can participate in this process.
How Do I Submit Comments?
We are opening a formal comment period by publishing this document.  We will accept comments during the period indicated in the DATES section at the beginning of this document.  If you have an interest in the proposed emission control program described in this document, we encourage you to comment on any aspect of this rulemaking.
Your comments will be most useful if you include appropriate and detailed supporting rationale, data, and analysis.  Commenters are especially encouraged to provide specific suggestions for any changes to any aspect of the regulations that they believe need to be modified or improved.  You should send all comments, except those containing proprietary information, to our Air Docket (see ADDRESSES located at the beginning of this document) before the end of the comment period.
You may submit comments electronically, by mail, or through hand delivery/courier.  To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment.  Please ensure that your comments are submitted within the specified comment period.  Comments received after the close of the comment period will be marked "late."  EPA is not required to consider these late comments.  If you wish to submit Confidential Business Information (CBI) or information that is otherwise protected by statute, please follow the instructions in section VIII.B.
How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI electronically through the electronic public docket, www.regulations.gov, or by e-mail.  Send or deliver information identified as CBI only to the following address: U.S. Environmental Protection Agency, Assessment and Standards Division, 2000 Traverwood Drive, Ann Arbor, MI, 48105, Attention Docket ID EPA-HQ-OAR-2010-0687.  You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI).  Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket.  If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI.  Information not marked as CBI will be included in the public docket without prior notice.  If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section at the beginning of this document.
Will There Be a Public Hearing?
We will hold a public hearing on [Insert dateno fewer than 15 days before and at least 30 days before end of comment period]at the Environmental Protection Agency, XXXBuilding, Room Number XXX, 1201 Constitution Avenue, NW., Washington, DC20004, Telephone:<PHONE_NUMBER>.  The hearing will start at XX:XX local time and continue until everyone has had a chance to speak.
If you would like to present testimony at the public hearing, we ask that you notify the contact person listed under FOR FURTHER INFORMATION CONTACT at least ten days before the hearing.  You should estimate the time you will need for your presentation and identify any needed audio/visual equipment.  We suggest that you bring copies of your statement or other material for the EPA panel and the audience.  It would also be helpful if you send us a copy of your statement or other materials before the hearing.
We will make a tentative schedule for the order of testimony based on the notifications we receive.  This schedule will be available on the morning of the hearing.  In addition, we will reserve a block of time for anyone else in the audience who wants to give testimony.
We will conduct the hearing informally, and technical rules of evidence won't apply.  We will arrange for a written transcript of the hearing and keep the official record of the hearing open for 30 days to allow you to submit supplementary information.  You may make arrangements for copies of the transcript directly with the court reporter.

Comment Period
The comment period for this rule will end on [Insert date 60days after date publication].
What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your comments:
Explain your views as clearly as possible.
Describe any assumptions that you used.
Provide any technical information and/or data you used that support your views.
      If you estimate potential burden or costs, explain how you arrived at your estimate.
Provide specific examples to illustrate your concerns.
Offer alternatives.
Make sure to submit your comments by the comment period deadline identified.
To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your response.  It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.
VIII. Statutory Provisions and Legal Authority
The statutory authority for today's proposal is provided by sections 114, 231-234 and 301(a) of the Clean Air Act, as amended, 42 U.S.C. §§ 7414, 7571-7574 and 7601(a). See section II of today's rule for discussion of how EPA meets the CAA's statutory requirements.
IX. Statutory and Executive Order Reviews
	A.  Executive Order 12866: Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action."  This action proposes the adoption of new aircraft engine emissions regulations and as such, requires consultation and coordination with the Federal Aviation Administration (FAA).  OMB has determined that this action raises "...  novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the EO."Accordingly, EPA submitted this action to the Office of Management and Budget (OMB) for review under EO 12866 and any changes made in response to OMB recommendations have been documented in the docket for this action.
	As discussed further in section V, we do not attribute any costs to the compliance with today's proposed regulations that conform with ICAO standards and recommended practices.  Aircraft turbofan engines are international commodities.  As a result, engine manufacturers respond to this market reality by designing and building engines that conform to ICAO international standards and practices.  Therefore, engine manufacturers are compelled to make the necessary business decisions and investments to maximize their international markets even in the absence of U.S.  Indeed, engine manufacturers have or are already responding,or will in the future, to ICAO requirements that match the standards and practices proposed here.  Therefore, EPA believes that today's proposed requirementsthat conform with ICAO standards and practices will impose no real additional burden on engine manufacturers.  This finding is also consistent with past EPA rulemakings that adopted ICAO requirements.
There is, nonetheless, a small burden associated with the proposed reporting requirements, as discussed in section IX.B.
	B.  Paperwork Reduction Act
      The information collection requirements in this proposed rule have been submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.  The Information Collection Request (ICR) document prepared by EPA has been assigned EPA ICR Number 2427.01.
Manufacturers keep substantial records to document their compliance with emission standards.  We need to be able to access this data to conduct accurate emission inventories, understand how emission standards affect the current fleet, and develop appropriate policy in the form of future emission standards.  Most manufacturers are already accustomed to reporting much of this information to ICAO.  We are, therefore, proposing to require that engine manufacturers send this information to EPA on an annual basis.  We also propose to require manufacturers to send us their annual production volumes, which is the only item we would treat as confidential business information.  Under the Clean Air Act, we are authorized to require manufacturers to establish and maintain necessary records, make reports, and provide such other information as we may reasonably require to execute our functions under the Act.  See 42 U.S.C. 7414(a)(1).  We would expect most manufacturers generally to add the proposed information items to the annual report they are already required to submit with information about NOx and CO2 emission levels.See section III.D. for a more complete description of the proposed annual reporting requirement.
      We have estimated the total annual burden of theproposed reporting requirement to be 60 hours, and the total cost to be $3,646.  The annual burden and cost per respondent is estimated to be 6 hours and $365.Burden is defined at 5 CFR 1320.3(b).An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.  To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, EPA has established a public docket for this rule, which includes this ICR, under Docket ID EPA - HQ - OAR - 2010-0687.  Submit any comments related to the ICR to EPA and OMB.  See the ADDRESSES section at the beginning of this notice for where to submit comments to EPA.  Send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC20503, Attention: Desk Office for EPA.  Since OMB is required to make a decision concerning the ICR between 30 and 60 days after [Insert date of publication in the Federal Register], a comment to OMB is best assured of having its full effect if OMB receives it by [Insert date 30 days after publication in the Federal Register].  The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal.

	C.  Regulatory Flexibility Analysis

	The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.  Small entities include small businesses, small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: (1) a small business as defined by SBA size standards;  (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.The following Table 4 provides an overview of the primary SBA small business categories potentially affected by this regulation.
Table 4: Primary SBA Small Business Categories Potentially Affected by This Regulation
Industry
NAICS[a] Codes
Defined by SBA as a small business if:[b]
Manufacturers of new aircraft engines
336412
< 1,000 employees
Manufacturers of new aircraft
336411
< 1,500 employees
[a]North American Industry Classification System (NAICS)
[b]According to SBA's regulations (13 CFR part 121), businesses with no more than the listed number of employees or dollars in annual receipts are considered "small entities" for purposes of a regulatory flexibility analysis.

After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities.  Small governmental jurisdictions and small organizations as described above will not be impacted.  We have determined that the estimated effect of the proposed rule's reporting requirement is to affect one small entity turbofan engine manufacturer with costs less than one percent of revenues.  This one company represents all of the small businesses impacted by the proposed regulations.  An analysis of the impacts of the proposed rule on small businesses has been prepared and placed in the docket for this rulemaking.
We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.
D.  Unfunded Mandates Reform Act
This rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year.  As discussed in Section IV, today's proposed action will establish consistency between U.S. and existing international emission standards.  The engine manufacturers are already developing the technology to meet the existing ICAO standards, and we do not believe it is appropriate to attribute the costs of that technology to this proposed action.  Thus, this rule is not subject to the requirements of sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments.  The provisions of this proposal apply to the manufacturers of aircraft and aircraft engines, and as such would not affect small governments.
E.  Executive Order 13132: Federalism
This action does not have federalism implications.  It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132.  As discussed earlier, section 233 of the CAA preempts states from adopting or enforcing aircraft engine emission standards that are not identical to our standards.  This rule proposes to revise the Code of Federal Regulations to more accurately reflect the statutory preemption established by the Clean Air Act.  This rule does not impose any new preemption  of State and local law.   Thus, Executive Order 13132 does not apply to this action.
In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this proposed action from State and local officials.
F.  Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
These rules regulate aircraft manufacturers and aircraft engine manufacturers.  We do not believe that Tribes own any of these businesses nor are there other implications for Tribes.  Thus, Executive Order 13175 does not apply to this action.
EPA specifically solicits additional comment on this proposed action from tribal officials.
G.  Executive Order 13045: Protection of Children from Environmental Health & Safety Risks
This rule is not subject to Executive Order 13045 because it is not a significant regulatory action under E.O. 12866.  Furthermore, the Agency does not have reason to believe the environmental health risks or safety risks addressed by this action present a disproportionate risk to children.  EPA believes that the NOx emission reductions (NOx is a precursor to the formation of ozone and PM) from this rulemaking will further improve air quality and will further improve children's health.  See Section II.B.2. for a discussion of the health impacts of NOX emissions.
The public is invited to submit comments or identify peer-reviewed studies and data that assess effects of early life exposure to aircraft emissions.
H.  Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use
This action is not a "significant energy action" as defined in Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.  These proposed aircraft engine emissions regulations are not expected to result in any changes to aircraft fuel consumption.
I.  National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Public Law No. 104-113 (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies.  NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.
This proposed rulemaking involves technical standards for testing emissions for aircraft gas turbine engines.  EPA proposes to use test procedures contained in ICAO's International Standards and Recommended Practices Environmental Protection,Annex16, along with the modifications contained in this rulemaking.  These procedures are currently used by all manufacturers of aircraft gas turbine engines (with thrust greater than 26.7 kN) to demonstrate compliance with ICAO emissions standards.
EPA welcomes comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable voluntary consensus standards and to explain why such standards should be used in this regulation.
J.   EO 12898:  Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice.  Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population.
List of Subjects
40 CFR Part 87
Environmental protection, Air pollution control, Aircraft, Incorporation by reference.
40 CFR Part 1068
Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Incorporation by reference, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements, Warranties.
   Dated:
Lisa P. Jackson,
Administrator.

PART 87-CONTROL OF AIR POLLUTION FROM AIRCRAFT AND AIRCRAFT ENGINES

1. The authority citation for part 87 is revised to read as follows:
Authority:   42 U.S.C. 7401 et seq.

Subpart A-[Amended]

2. Revise §87.1 to read as follows:
§87.1   Definitions.
The definitions in this section apply to this part.  The definitions apply to all subparts.  Any terms not defined in this section have the meaning given in the Clean Air Act.  The definitions follow:
   Act means the Clean Air Act, as amended (42 U.S.C. 7401 et seq).
   Administrator means the Administrator of the Environmental Protection Agency and any other officer or employee of the Environmental Protection Agency to whom authority involved may be delegated.
   Aircraft has the meaning given in 14 CFR 1.1, which defines aircraft to mean a device used or intended to be used for flight in the air.  Note that under §87.1, the requirements of this part generally apply only to propulsion engines used on certain airplanes for which U.S. airworthiness certificates are required.
   Aircraft engine means a propulsion engine which is installed in or which is manufactured for installation in an aircraft.
   Aircraft gas turbine engine means a turboprop, turbofan, or turbojet aircraft engine.
   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.
   Class TP means all aircraft turboprop engines.
   Class TF means all turbofan or turbojet aircraft engines or aircraft engines designed for applications that otherwise would have been fulfilled by turbojet and turbofan engines except engines of class T3, T8, and TSS.
   Class T3 means all aircraft gas turbine engines of the JT3D model family.
   Class T8 means all aircraft gas turbine engines of the JT8D model family.
   Class TSS means all aircraft gas turbine engines employed for propulsion of aircraft designed to operate at supersonic flight speeds.
   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 subtitle 7 of title 49 of the United States Code and title 14 of the Code of Federal Regulations.
   Commercial aircraft gas turbine engine means a turboprop, turbofan, or turbojet commercial aircraft engine.
   Date of introduction or 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.  This does not include test engines or other engines not placed into service.
   Date of manufacture means the date on which a manufacturer is issued documentation by FAA (or other competent authority for engines certificated outside the United States) attesting that the given engine conforms to all applicable requirements.  This date may not be earlier that the date on which assembly of the engine is complete.  .  Where the manufacturer does not obtain such documentation from FAA (or other competent authority for engines certificated outside the United States), date of manufacture means the date of final assembly of the engine.
   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 CFR part 33.  These characteristics are specified in §87.48.
   Designated EPA Program Officer means the Director of the Assessment and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan 48105.
   DOT Secretary means the Secretary of the Transportation and any other officer or employee of the Department of Transportation to whom the authority involved may be delegated.
   Engine means an individual engine.  A group of identical engines together make up an engine model or sub-model.
   Engine model means an engine manufacturer's designation for an engine grouping of engines and/or engine sub-models within a single engine type certificate family, where such engines have similar design, including being similar with respect to the core engine and combustor designs.
   Engine sub-model means a designation for a grouping of engines with essentially identical design, especially with respect to the core engine and combustor designs and other emission-related features.  Engines from an engine sub-model must be contained within a single engine model.For purposes of this part, an original engine model configuration is considered a sub-model.For example, if a manufacturer initially produces an engine model designated ABC and later introduces a new sub-model ABC-1, the engine model consists of two sub-models: ABC and ABC-1.
   Engine type certificate family means a group of engines (comprising one or more engine models, including sub-models and derivative engines for emissions certification purposes of those engine models) determined by FAA to have a sufficiently common design to be grouped together under a type certificate.  EPA means the U.S. Environmental Protection Agency.
   Exempt means to allow engines to be produced that do not meet (or do not fully meet) otherwise applicable standards. Exempted engines must conform to regulatory conditions specified for an exemption in this part and other applicable regulations. Exempted engines are deemed to be "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.
   Exhaust emissions means substances emitted to the atmosphere from exhaust discharge nozzles, as measured by the test procedures specified in subpart G of this part.
   FAA means the U.S. Department of Transportation, Federal Aviation Administration.
   Fuel venting emissions means raw fuel, exclusive of hydrocarbons in the exhaust emissions, discharged from aircraft gas turbine engines during all normal ground and flight operations.
   Good engineering judgment involves making decisions consistent with generally accepted scientific and engineering principles and all relevant information, subject to the provisions of 40 CFR 1068.5.
   ICAO Annex 16 means Volume II of Annex 16 to the Convention on International Civil Aviation (incorporated by reference in §87.8).
   In-use aircraft gas turbine engine means an aircraft gas turbine engine which is in service.
   Military aircraft means aircraft owned by, operated by, or produced for sale to the armed forces or other agency of the federal government responsible for national security (including but not limited to the Department of Defense).  New means relating to an aircraft or aircraft engine that has never been placed into service.
   Operator means any person or company that owns or operates an aircraft.
   Production cutoff date or date of the production cutoff means the date on which interim phase-out allowances end.
   Rated output (rO) means the maximum power/thrust available for takeoff at standard day conditions as approved for the engine by FAA, including reheat contribution where applicable, but excluding any contribution due to water injection, expressed in kilowatts or kilonewtons (as applicable) and 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 operating at rated output, rounded to at least three significant figures.
   Roundmeans to round numbers according to NIST SP 811 (March 2008), unless otherwise specified.
   Smoke means the matter in exhaust emissions that obscures the transmission of light, as measured by the test procedures specified in subpart G of this part.
   Smoke number means a dimensionless value quantifying smoke emissions calculated in accordance with ICAO Annex 16.
   Spare engine means an engine installed (or intended to be installed) on an in-service aircraft to replace an existing engine, as described in  §87.50(c) of this part.
   Standard day conditions means the following ambient conditions: temperature =15 °C, specific humidity = 0.00 kg H2O/kg dry air, and pressure =101.325 kPa.
   Subsonic means relating to aircraft that are not supersonic aircraft.
   Supersonic means relating to aircraft that are certificatedto fly faster than the speed of sound.
   Tier 0 means relating to an engine that is subject to the Tier 0 NOx standards specified in §87.21.
   Tier 2 means relating to an engine that is subject to the Tier 2 NOx standards specified in §87.21.
   Tier 4 means relating to an engine that is subject to the Tier 4 NOx standards specified in §87.21.
   Tier 6 means relating to an engine that is subject to the Tier 6 NOx standards specified in §87.23.
   Tier 8 means relating to an engine that is subject to the Tier 8 NOx standards specified in §87.23.
   Turbofan engine means a gas turbine engine designed to create its propulsion from exhaust gases and from air that bypasses the combustion process and is accelerated in a ducted space between the inner (core) engine case and the outer engine fan casing.
   Turbojet engine means a gas turbine engine that is designed to create all of its propulsion from exhaust gases.
   Turboprop engine means a gas turbine engine that is designed to create most of its propulsion from a propeller driven by a turbine, usually through a gearbox.
   Turboshaft engine means a gas turbine engine that is designed to drive a rotor transmission system or a gas turbine engine not used for propulsion.
   U.S.-registered aircraft means an aircraft that is on the U.S. Registry.
   We (us, our) means the Administrator of the Environmental Protection Agency and any authorized representatives.

3. Revise §87.2 to read as follows:
§87.2   Abbreviations.
The abbreviations used in this part have the following meanings:
%
Percent
°
Degree
CO
carbon monoxide
CO2
carbon dioxide

G
Gram
HC
hydrocarbon(s)
kN
Kilonewton
kW
Kilowatt
LTO
landing and takeoff
NOx
oxides of nitrogen
rO
rated output
rPR
rated pressure ratio
SN
smoke number

4. Revise §87.3 to read as follows:
§87.3General applicability and requirements.
(a) The regulations of this part apply to engines on all aircraft that are required to be certificated by FAA under 14 CFR part 33 except as specified in this paragraph (a).  These regulations do not apply to the following aircraft engines:
   (1) Reciprocating engines (including engines used in ultralight aircraft).
   (2) Turboshaft engines such as those used in helicopters.
   (3) Engines used only in aircraft that are not airplanes.  For purposes of this paragraph (a)(4), "airplane" means a fixed-wing aircraft that is heavier than air.
   (4) Engines not used for propulsion.
(b) Under section 232 of the Act, the Secretary of Transportation issues regulations to ensure compliance with the standards and related requirements of this part (42 U.S.C. 7572).
(c) The Secretary of Transportationshall apply these regulations to aircraft of foreign registry in a manner consistent with obligations assumed by the United States in any treaty, convention or agreement between the United States and any foreign country or foreign countries.
(d) No State or political subdivision of a State may adopt or attempt to enforce any aircraft or aircraft engine standard respecting emissions unless the standard is identical to a standard applicable to such aircraft under this part (including prior-tier standards applicable to exempt engines).

§87.5 -- [Removed]
5. Remove §87.5.

6. Revise §87.6  to read as follows:
§87.6Aircraft safety.
The provisions of this part will be revised if at any time the DOT Secretary determines that an emission standard cannot be met within the specified time without creating a hazard to aircraft safety.

§87.7 -- [Removed]
7. Remove §87.7.

8. Revise §87.8  to read as follows:
§87.8   Incorporation by reference.
Documents listed in this section have been incorporated by reference into this part.  The Director of the Federal Register approved the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51.  Anyone may inspect copies at the U.S. EPA, Air and Radiation Docket and InformationCenter, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC 20460 or at the National Archives and Records Administration (NARA).  For information on the availability of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(a) ICAO material.  This paragraph (a) lists material from the International Civil Aviation Organization that is incorporated by reference. Anyone may purchase copies of these materials from the International Civil Aviation Organization, Document Sales Unit, 999 University Street, Montreal, Quebec, CanadaH3C 5H7. Table 1 follows:
   (1) Annex 16 to the Convention on International Civil Aviation, Environmental Protection, Volume II  -  Aircraft Engine Emissions, Third Edition, July 2008. [Update for CAEP8 changes]; IBR approved for §§87.2, 87.40, 87.42(d) and (f), and 87.60(a) and (b).
   (2) [Reserved]
(b) NIST material. This paragraph (b) lists material from the National Institute of Standards and Technology that we have incorporated by reference. Anyone may purchase copies of these materials from the Government Printing Office, Washington, DC20402 or download them free from the Internet at www.nist.gov.
   (1) NIST Special Publication 811, 1995 Edition, Guide for the Use of the International System of Units (SI), Barry N. Taylor, Physics Laboratory; IBR approved for §87.2.
   (2) [Reserved]

Subpart C -- [Amended]

9. Amend §87.21 as follows:
a. By revising the section heading.
b. By adding introductory text.
c. By revising paragraphs (d)(1)(iii), (d)(1)(iv),(d)(1)(vi) introductory text, (e)(1), and (f).
§87.21   Exhaust emission standards for Tier 4 and earlier engines.
This section describes the emission standards that apply for Tier 4 and earlier engines that apply for aircraft engines manufactured before [INSERT EFFECTIVE DATE OF FINAL RULE] and certain engines exempted under §87.50.  Note that the tier of standards identified for an engine relates to NOx emissions and that the specified standards for HC, CO, and smoke emissions apply independent of the changes to the NOx emission standards.
(d) *	*	*
      (1) *	*	*
      (iii) The following Tier 0 emission standard applies for 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.
      Oxides of Nitrogen: (40 + 2(rPR)) grams/kilonewtonrO.
      (iv) The following Tier 2 emission standard applies for 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:
      Oxides of Nitrogen: (32 + 1.6(rPR)) grams/kilonewtonrO.
      *	*	*	*	*
      (vi) The following Tier 4 emission standards apply for engines of a type or model of which the date of manufacture of the first individual production model was after December 31, 2003:
(e) *	*	*
   (1) Class TF of rated output less than 26.7 kilonewtons manufactured on or after August 9, 1985:
   SN=83.6(rO)[-0.274] (ro is in kilonewtons) not to exceed a maximum of SN=50.
*	*	*	*	*
(f) The standards in this section refer to a composite emission sample measured and calculated in accordance with the procedures described in subpart G of this part.

10. Add a new §87.23 to read as follows:
§87.23 Exhaust emission standards for Tier 6 and Tier 8 engines.
This section describes the emission standards that apply for Tier 6 and Tier 8 engines.  The standards of this section apply for aircraft engines manufactured on or after [INSERT EFFECTIVE DATE OF FINAL RULE], except where we specify that they apply differently by year, or where the engine is exempted or excepted from one or more standards of this section.  Except as specified in paragraph (d) of this section, these standards apply based on the date the engine is manufactured.  Where the 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).  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 §87.60.  The tier of standards identified for an engine relates to NOx emissions and that the specified standards for HC, CO, and smoke emissions apply independent of the changes to the NOx emission standards.
(a) New turboprop aircraft engines with rated output at or above 1,000 kilowatts must comply with a smoke standard of 187::rO-0.168.
(b) New supersonic engines must comply with the standards shown in the following table:

Table 1 to §87.23 -  Smoke and Gaseous Emission Standards for New Supersonic Engines

                                    Rated
                                    Output

                                     Smoke
                                    Number

                                      HC
                              (g/kN rated output)

                                      NOx
                              (g/kN rated output)

                                      CO
                              (g/kN rated output)

                                rO< 26.7 kN

                                      --

                                140::0.92[rPR]

                                 36+2.42::rPR

                               4550::rPR[-1.03]

                                rO> 26.7 kN

                 83.6::rO[-0.274] or 50, whichever is smaller

                                140::0.92[rPR]

                                 36+2.42::rPR

                               4550::rPR[-1.03]

(c) New turbofan or turbojet aircraft engines that are installed in subsonic aircraft must comply with the following standards:
   (1) The applicable smoke, HC, and CO standards are shown in the following table:

              Table 2 to §87.23  -  Smoke, HC, and CO Standards
                 for New Subsonic Turbofan or Turbojet Engines

                               Rated Output (kN)

                                    Smoke
                                   Standard

                          Gaseous Emission Standards
                              (g/kN rated output)

                                      HC

                                      CO

                                rO< 26.7 kN

                 83.6::rO[-0.274] or 50, whichever is smaller

                                       --

                                       --

                                rO> 26.7 kN

                 83.6::rO[-0.274] or 50, whichever is smaller

                                     19.6

                                      118

   (2) The Tier 6 NOx standards apply as described in this paragraph (c)(2).  See paragraph (d) of this section for provisions related to models introduced before these standards started to apply and engines determined to be derivative engines for emissions certification purposes under the requirements of this part.

              Table 3 to §87.23 -  Tier 6 NOx Standards for New
     Subsonic Turbofan or Turbojet Engines with Rated Output Above 26.7 kN
If the rated pressure ratio is...
AND the rated output (in kN) is...
The NOx emission standard (in g/kN rated output) is....

                                  rPR< 30

                              26.7 <rO< 89

          38.5486 + 1.6823::rPR - 0.2453::rO - 0.00308::rPR::rO

                                   rO> 89

                             16.72 + 1.4080::rPR

                              30 <rPR< 82.6

                              26.7 <rO< 89

          46.1600 + 1.4286::rPR - 0.5303::rO + 0.00642::rPR::rO

                                   rO> 89

                              - 1.04 + 2.0::rPR

                                 rPR> 82.6

                                      all

                                32 + 1.6::rPR

   (3) The Tier 8 NOx standards apply as described in this paragraph (c)(3) beginning January 1, 2014.  See paragraph (d) of this section for provisions related to models introduced before January 1, 2014 and engines determined to be derivative engines for emissions certification purposes under the requirements of this part..

              Table 4 to §87.23 -  Tier 8 NOx Standards for New
     Subsonic Turbofan or Turbojet Engines with Rated Output Above 26.7 kN
If the rated pressure ratio is...
AND the rated output (in kN) is...
The NOx emission standard (in g/kN rated output) is....

                                  rPR< 30

                              26.7 <rO< 89
            40.052 + 1.5681::rPR - 0.3615::rO - 0.0018::rPR::rO

                                   rO> 89
                              7.88 + 1.4080::rPR

                             30 <rPR< 104.7

                              26.7 <rO< 89
           41.9435 + 1.505::rPR - 0.5823::rO + 0.005562::rPR::rO

                                   rO> 89
                               - 9.88 + 2.0::rPR

                                 rPR> 104.7

                                      all
                                32 + 1.6::rPR

(d) This paragraph specifies phase-in provisions that allow continued production of certain engines after the Tier 6 and Tier 8 standards begin to apply.
   (1) Engine type certificatefamilies certificated with characteristic levels at or below the Tier 4 NOx standards of §87.21 (as applicable based on rated output and rated pressure ratio) and introduced before [INSERT EFFECTIVE DATE OF FINAL RULE]may be produced through December 31, 2012 without meeting the Tier 6 NOx standards of paragraph (c)(2) of this section.  This also applies to engines determined to be derivative engines for emissions certification purposes under the requirements of this part.  Note that after this production cutoff date for the Tier 6 NOx standards, such engines may be produced only if they are covered by an exemption or exception under §87.50.  This production cutoff does not apply to engines installed (or delivered for installation) on military aircraft.
   (2) Engine type certificatefamilies certificated with characteristic levels at or below the Tier 6 NOx standards of paragraph (c)(2) of this sectionwith an introduction date before January 1, 2014 may continue to be produced.  This also applies to engines determined to be derivative engines for emissions certification purposes under the requirements of this part.

11. Add a new subpart E containing §§87.40, 87.42, 87.44, 87.46, and 87.48 to part 87 to read as follows:

Subpart E    -- Certification Provisions

Sec.
87.40 General certification requirement.
87.42 Certification report to EPA.
87.44 Reporting CO2 emissions.
87.46 Recordkeeping.
87.48 Derivative engines for emissions  certification purposes.

§87.40 General certification requirement.
Manufacturers of engines subject to this part must meet the requirements of title 14 of the Code of Federal Regulations as applicable.

§87.42  Productionreport to EPA.
Engine manufacturers must submit an annual productionreport as specified in this section.  This requirement applies for engines produced on or after January 1, 2013.
(a) You must submit the report for each calendar year in which you produce any engines subject to emission standards under this part.  The report is due by February 28 of the following calendar year.  If you produce exempted and/or excepted engines, you may submit a single reportwith information on both certificated engines, both exempted and excepted.
(b) Send the report to the Designated EPA Program Officer.
(c) In the report, specify your corporate name and the year for which you are reporting.  Include information as described in this section for each engine sub-model subject to emission standards under this part.  List each engine sub-model produced or certificated during the calendar year, including the following information for each sub-model:
   (1) The complete sub-model name, including any applicable model name, sub-model identifier, and engine type certificate family identifier.
   (2) The certificate under which it was produced.  Identify all the following:
      (i) The type certificate number.  Specify if the sub-model also has a type certificate issued by a certificating authority other than FAA.
      (ii) Your corporate name as listed in the certificate.
      (iii) Emission standards to which the engine is certificated.
      (iv) Date of issue of type certificate (month and year).
      (v) Whether or not this is a derivative engine for emissions certification purposes.  If so, identify the original certificated engine model.
      (vi) The engine sub-model that received the original type certificate for an engine type certificate family.
    (3) The calendar-year production volume of engines from the sub-modelthat are covered by an FAA type certificate, or state that the engine model is no longer in production and list the date of manufacture (month and year) of the last engine produced.  Specify the number of these engines that are intended for use on new aircraft and the number that are intended for use, as certificated (non-exempt or excepted) spare engines, on in-use aircraft.
   (4) The number of engines tested and the number of test runs for the applicable type certificate.
   (5) The applicable test data and related information specified in Part III, Section 2.4 of ICAO Annex 16 (incorporated by reference in §87.8), except as otherwise allowed by this paragraph.  Include the percent of standard for the applicable standard, and for NOx include percent of standard for all the NOx standards specified in §§87.21 and 87.23.  Specify thrust in kW for turboprop engines.  You may omit the following items specified in Part III, Section 2.4 of ICAO Annex 16:
      (i) Fuel specifications including fuel specification reference and hydrogen/carbon ratio.
      (ii) Methods used for data acquisition, correcting for ambient conditions, and data analysis.
      (iii) Intermediate emission indices and rates, however you may not omit the final characteristic level for each regulated pollutant in units of g/kN or g/kW.
(d) [Reserved]
(e) Include the following signed statement and endorsement by an authorized representative of your company: "We submit this report under 40 CFR 87.42.  All the information in this report is true and accurate to the best of my knowledge.
(f) Where information provided for the previous year remains valid and complete, you may report your production volumes and state that there are no changes, without resubmitting the other information specified in this section.

§87.46Recordkeeping.
(a) You must keep a copy of any reports or other information you submit to us for at least three years.
(b) Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them.  You must keep these records readily available.  We may review them at any time.

§87.48 Derivative engines for emissions certification purposes.

(a) General.  A type certificate holder may request from the FAA a determination that an engine model is considered a derivative engine for emissions certification purposes.  This would mean that the engine model is determined to be similar in design for the purposes of smoke and exhaust emissions evaluations.  In order to be considered a derivative engine for emissions purposes under this part, it must have been:
(1) derived from an engine certificated to the requirements of 14 CFR part 33 and this part; and
(2) demonstrate that it meets the emissions criteria specified in paragraph (b) of this section.  The criteria specified in paragraph (b) of this section may be adjusted by the FAA based on unusual circumstances when the type certificate holder has made determinations consistent with good engineering judgment.

(b) Emissions similarity.

 The type certificate holder must demonstrate that the proposed derivative engine's emissions meet the applicable standards, and differ from the originally certificated engine 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.

    If the characteristic level of the originally certificated engine before modification is at or above 95% of the applicable standard for any pollutant, the type certificate holder must measure the proposed derivative for all pollutants to demonstrate that the derivative engine's resulting characteristic levels will not exceed the applicable emission standards.  If the characteristic level of the originally certificated engine before modification is below 95% of the applicable standard for any pollutant, then consistent with good engineering judgment, the type certificate holder may use engineering analysis to demonstrate that the derivative engine will not exceed the applicable emission standards.

(c) Continued production allowance.  Where we allow continued production of an engine model after new standards begin to apply, you may also produce engine derivatives if they 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.  .

1. Add a new subpart F containing §87.50 to part 87 to read as follows:

Subpart F  -- Exemptions

§87.50   Exemptions and Exceptions.
This section specifies provisions related to exempting engines from some or all of the standards and requirements of this part 87.Exempted engines must conform to regulatory conditions specified for an exemption in this section and other applicable regulations. Exempted and excepted engines are deemed to be "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.  EPA will participate in this approval process by engaging in consultations with FAA and providing written concurrence for engines that qualify for an exemption under the provisions of this section.
       Engines installed in new aircraft.   After December 12, 2012, a type certificate holder  may request an exemption to produce a limited number of engines that comply with the Tier 6 standards of this part through December 31, 2016, for installation on new aircraft as specified in this paragraph.  This exemption is limited to NOx emissions from engines that have been issued a type certificate by the FAA.  The limits on number of engines exempted during this time period will be determined using accepted international guidance for Tier 6 standards with consideration for unusual circumstances.

   (1) Submit your request for an exemption before producing the engines to be exempted to the FAA who will provide a copy to the Designated EPA Program Officer.  Exemption by an authority outside the United States does not satisfy this requirement.   All requests must include the following:
      (i) Your corporate name and an authorized representative's contact information.
      (ii) A description of the engines for which you are requesting the exemption, including the type certificate number and date it was issued by the FAA.  Include in your description the engine model and sub-model names and the types of aircraft in which the engines are expected to be installed.  Specify the number of engines that you would produce under the exemption and the period during which you would produce them.
      (iii) Information about the aircraft in which the engines will be installed.  Specify the airframe models and expected first purchasers/users of the aircraft.  Identify all countries in which you expect the aircraft to be registered.  Specify how many aircraft will be registered in the United States and how many will be registered in other countries; you may estimate this if it is not known.
      (iv) A justification of why the exemption is appropriate.  Justifications must include a description of the environmental impact of granting the exemption.  Include other relevant information such as the following.
          (A) Technical issues, from an environmental and airworthiness perspective, which may have caused a delay in compliance with a production cutoff.
          (B) Economic impacts on the manufacturer, operator(s), and aviation industry at large.
          (C) Environmental effects. This should consider the amount of additional air pollutant emissions that will result from the exemption. This could include consideration of items such as:
              (1) The amount that the engine model exceeds the standard, taking into account any other engine models in the engine type certificate family covered by the same type certificate and their relation to the standard.
              (2) The amount of the applicable air pollutant that would be emitted by an alternative engine for the same application.
              (3) The impact of changes to reduce the applicable air pollutant on other environmental factors, including emission rates of other air pollutants, community noise, and fuel consumption.
              (4) The degree to which the adverse impact would be offset by cleaner engines produced in the same time period (unless we decide to consider earlier engines).
          (D) Impact of unforeseen circumstances and hardship due to business circumstances beyond your control (such as an employee strike, supplier disruption, or calamitous events).
          (E) Projected future production volumes and plans for producing a compliant version of the engine model in question.

          (F) List of other certificating authorities from which you have requested (or expect to request) exemptions, and a summary of the request.
          (G) Any other relevant factors.
      (v) A statement signed by your authorized representative attesting that all information included in the request is accurate.
   (2) Additional information may be required by the FAA pursuant to 14 CFR Parts 11 and 34, as applicable to exemption requests made to the FAA.
   (3) You must submit the annual report specified in paragraph (d) of this section.
   (4) The permanent record for each engine exempted under this paragraph (a) must indicate that the engine is an exempted new engine.
   (5) Engines exempted under this paragraph (a) must be labeled with the following statement: "EXEMPT NEW".
   (6) You must notify the FAA if you determine after submitting your request that the information is not accurate, either from an error or from changing circumstances.  If you believe the new or changed information could have affected approval of your exemption (including information that could have affected the number of engines we exempt), you must notify the FAA promptly.  The FAA will consult with EPA as needed to address any concerns related to this new or corrected information.
(b) [Reserved]
(c) Spare engines.  Newly manufactured engines that meet the definition of "spare engine" are excepted from the production requirements as follows:
   (1) This provision allows production of a newly manufactured engine for installation on an in-service aircraft.  It does not allow the installation of a spare engine on a new aircraft.
   (2) Each spare engine must be identical to a sub-model previously certificated to meet all requirements applicable to Tier 4 engines, or later requirements.
   (3) Each engine excepted under this paragraph may be used only where, for all pollutants, the emissions of the spare engine are equal to or lower than those of the engine it is replacing..
   (4) No prior approval is required to produce a spare engine.   Manufacturers must include information about the production of spares in the annual report  required under paragraph (d) of this section.
   (5) The permanent record for each engine excepted under this paragraph must indicate that the engine was produced as an excepted spare engine.
   (6) Engines excepted under this paragraph must be labeled with the following statement: "EXCEPTED SPARE".
(d) Annual reports.  If you produce engines under an exemption granted under this section, or spare engines excepted under this section., you must submit an annual report with respect to such engines.
   (1) You must send the Designated EPA Program Officer a report describing your production of exempted engines for each calendar year in which you produce such engines by February 28 of the following calendar year.  You may include this information in the certification report described in §87.42.  Confirm that the information in your initial request is still accurate, or describe any relevant changes.
   (2) Provide the information specified in this paragraph (d)(2).  For purposes of this paragraph (d), treat spare engine exemptions separate from other new engine exemptions.  Include the following for each exemption and each engine model and sub-model:
      (i) Engine model and sub-model names.
      (ii) Serial number of each engine.
      (iii) Use of each engine (for example, spare or new installation).
      (iv) Types of aircraft in which the engines were installed (or are intended to be installed for spare engines).
      (v) Serial number of the new aircraft in which engines are installed (if known) , or the name of the air carriers (or other operators) using spare engines.
   (3) Include information in the report only for engines having a date of manufacture within the specific calendar year.

Subpart G -- Test Procedures
1. The heading for subpart G is revised as set forth above.

2. Revise §87.60 to read as follows:
§87.60 Testing engines.
(a) Use the equipment and procedures specified in Appendix 3, Appendix 5, and Appendix 6 of ICAO Annex 16 (incorporated by reference in §87.8), as applicable, to demonstrate whether engines meet the gaseous emission standards specified in subpart C of this part.  Measure the emissions of all regulated gaseous pollutants.  Similarly, use the equipment and procedures specified in Appendix 2 and Appendix 6 of ICAO Annex 16 to determine whether engines meet the smoke standard specified in subpart C of this part.  The compliance demonstration consists of establishing a mean value from testing some 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 meeting the specifications described in Appendix 4 of ICAO Annex 16 (incorporated by reference in §87.8).  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 alternate procedures for measuring emissions as specified in this paragraph (e).  This might include testing and sampling methods, analytical techniques, and equipment specifications that differ from those specified in this part.  Manufacturers may request this approval by sending a written request with supporting justification to the FAA and to the Designated EPA Program Officer.  Such a request may be approved only if one of the following conditions is met:
   (1) The engine cannot be tested using the specified procedures.
   (2) The alternate procedure is shown to be equivalent to or better than the specified procedure.
(f) The following landing and take-off (LTO) cycles apply for emission testing and calculating weighted LTO values:

                    Table 1 to §87.60  -  LTO Test Cycles

                                     Mode

                                   Turboprop

                               Subsonic Turbofan

                              Supersonic Turbofan

                            Percent of Rated Output

                            Time in Mode (minutes)

                            Percent of Rated Output

                            Time in Mode (minutes)

                            Percent of Rated Output

                            Time in Mode (minutes)

                                   Take-off

                                      100

                                      0.5

                                      100

                                      0.7

                                      100

                                      1.2

                                     Climb

                                      90

                                      2.5

                                      85

                                      2.2

                                      65

                                      2.0

                                    Descent

                                       --

                                       --

                                       --

                                       --

                                      15

                                      1.2

                                   Approach

                                      30

                                      4.5

                                      30

                                      4.0

                                      34

                                      2.3

                               Taxi/ground idle

                                       7

                                     26.0

                                       7

                                     26.0

                                      5.8

                                     26.0

(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 §87.60.

§§87.61-87.63 -- [Removed]
3. Remove §§87.61-87.63.

4. Amend §87.64 by revising paragraph (a) to read as follows:
§87.64 Sampling and analytical procedures for measuring gaseous exhaust emissions.
(a) [Reserved.]
*	*	*	*	*

§§87.65-87.71 -- [Removed]
5. Remove §§87.65-87.71.

Subpart H -- [Removed]
6. Remove subpart H.

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR ENGINE PROGRAMS

7. The authority citation for part 1068 continues to read as follows:
Authority:   42 U.S.C. 7401-7671q.

Subpart A -- [Amended]

8. Amend §1068.1 by revising paragraph (b) to read as follows:
§1068.1  Does this part apply to me?
*	*	*	*	*
(b) This part does not apply to any of the following engine or vehicle categories:
   (1) Light-duty motor vehicles (see 40 CFR part 86).
   (2) Heavy-duty motor vehicles and motor vehicle engines, except as specified in 40 CFR part 86.
   (3) Aircraft engines, except as specified in 40 CFR part 87.
   (4) Land-based nonroad compression-ignition engines we regulate under 40 CFR part 89.
   (5) Small nonroad spark-ignition engines we regulate under 40 CFR part 90.
   (6) Marine spark-ignition engines we regulate under 40 CFR part 91.
   (7) Locomotive engines we regulate under 40 CFR part 92.
   (8) Marine compression-ignition engines we regulate under 40 CFR parts 89 or 94.
*	*	*	*	*