[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76842-76854]
[FR Doc No: 2012-31109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 34 and 45

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

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

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

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

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

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

Good Cause for Immediate Adoption

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

Authority for This Rulemaking

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

Comments Invited

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

Proprietary or Confidential Business Information

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

Availability of Rulemaking Documents

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

I. Background

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

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

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

III. Discussion of This Final Rule

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

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

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

                                                      Table 2--Tier 6 and Tier 8 Standards for NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Tier                 Date                  Class             Rated pressure ratio--rPR           Rated output rO (kN)            NOX (g/kN)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 6.............  Manufactured on and   TF, T3, T8...........  rPR <= 30......................  26.7 < rO < 89.0...............  38.5486 + 1.6823
                      after July 18, 2012                                                                                (rPR) - 0.2453 (rO)
                      and for which the                                                                                - (0.00308 (rPR)
                      first individual                                                                                (rO))
                      production model is
                      manufactured on or
                      before December 31,
                      2013 (subject to
                      regulatory
                      exceptions).
                                                                                ------------------------------------------------------
                                                                                rO > 89.0......................  16.72 + 1.4080 (rPR)
                                                                                ------------------------------------------------------
                                                                  30 < rPR < 82.6................  26.7 < rO <= 89.0..............  46.1600 + 1.4286
                                                                                (rPR) - 0.5303 (rO)
                                                                                + (0.00642 (rPR)
                                                                                (rO))
                                                                                ------------------------------------------------------
                                                                                rO > 89.0......................  -1.04 + 2.0 (rPR)
                                                                                ------------------------------------------------------
                                                                  rPR >= 82.6....................  All............................  32 + 1.6 (rPR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 8.............  First individual      TF, T3, T8...........  rPR <= 30......................  26.7 < rO < 89.0...............  40.052 + 1.5681
                      production model                                                                                (rPR) - 0.3615 (rO)
                      manufactured after                                                                                - (0.0018 (rPR)
                      December 31, 2013.                                                                                (rO))
                                                                                ------------------------------------------------------
                                                                                rO > 89.0......................  7.88 + 1.4080 (rPR)
                                                                                ------------------------------------------------------
                                                                  30 < rPR < 104.7...............  26.7 < rO < 89.0...............  41.9435 + 1.505
                                                                                (rPR) - 0.5823 (rO)
                                                                                + (0.005562 (rPR)
                                                                                (rO))
                                                                                ------------------------------------------------------
                                                                                rO > 89.0......................  -9.88 + 2.0 (rPR)
                                                                                ------------------------------------------------------
                                                                  rPR >= 104.7...................  All............................  32 + 1.6 (rPR)
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

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

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

IV. Regulatory Notices and Analyses

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

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

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

Executive Order Determinations

Executive Order 13132, Federalism

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

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

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

List of Subjects

14 CFR Part 34

    Air pollution control, Aircraft, Incorporation by reference.

14 CFR Part 45

    Aircraft, marking, identification data.

The Amendments

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

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

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

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

Subpart A--[Amended]

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

Sec.  34.1  Definitions.

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

    \1\ This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. This document can be obtained from the ICAO, Document Sales
Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada, phone
+1<PHONE_NUMBER>, or www.icao.int or<EMAIL_ADDRESS>Copies can be
reviewed at the FAA New England Regional Office, 12 New England
Executive Park, Burlington, Massachusetts,<PHONE_NUMBER>, 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.
---------------------------------------------------------------------------

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

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

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

Sec.  34.2  Abbreviations.

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

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

Sec.  34.3  General requirements.

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

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

Sec.  34.7  Exemptions.

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

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

Sec.  34.9  Exceptions.

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

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

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

Sec.  34.10  Applicability.

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

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

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

Sec.  34.21  Standards for exhaust emission.

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

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

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

Hydrocarbons: 19.6 g/kN rO.

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

Carbon Monoxide: 118 g/kN rO.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                        Tier 6 Oxides of Nitrogen Emission Standards for Subsonic Engines
----------------------------------------------------------------------------------------------------------------
            Class             Rated pressure ratio--rPR    Rated output rO (kN)              NOX (g/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8..................  rPR <= 30................  26.7 < rO < 89.0........  38.5486 + 1.6823 (rPR) -
                                                                                0.2453 (rO) - (0.00308 (rPR)
                                                                                (rO))
                                                        --------------------------------------------------------
                                                         rO > 89.0...............  16.72 + 1.4080 (rPR)
                             -----------------------------------------------------------------------------------

                              30 < rPR < 82.6..........  26.7 < rO <= 89.0.......  46.1600 + 1.4286 (rPR) -
                                                                                0.5303 (rO) + (0.00642 (rPR)
                                                                                (rO))
                                                        --------------------------------------------------------
                                                         rO > 89.0...............  -1.04 + 2.0 (rPR)
                             -----------------------------------------------------------------------------------
                              rPR >= 82.6..............  All.....................  32 + 1.6 (rPR)
----------------------------------------------------------------------------------------------------------------

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

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

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

                        Tier 8 Oxides of Nitrogen Emission Standards for Subsonic Engines
----------------------------------------------------------------------------------------------------------------
            Class             Rated pressure ratio--rPR    Rated output rO (kN)              NOx (g/kN)
----------------------------------------------------------------------------------------------------------------
TF, T3, T8..................  rPR <= 30................  26.7 < rO < 89.0........  40.052 + 1.5681 (rPR) -
                                                                                0.3615 (rO) - (0.0018 (rPR)
                                                                                (rO))
                                                        --------------------------------------------------------
                                                         rO > 89.0...............  7.88 + 1.4080 (rPR)
                             -----------------------------------------------------------------------------------
                              30 < rPR < 104.7.........  26.7 < rO < 89.0........  41.9435 + 1.505 (rPR) -
                                                                                0.5823 (rO) + (0.005562
                                                                                (rPR) (rO))
                                                        --------------------------------------------------------
                                                         rO > 89.0...............  -9.88 + 2.0 (rPR)
                             -----------------------------------------------------------------------------------
                              rPR >= 104.7.............  All.....................  32 + 1.6 (rPR)
----------------------------------------------------------------------------------------------------------------

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

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

Sec.  34.31  Standards for exhaust emissions.

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

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

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

Subpart E--Certification Provisions

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

Sec.  34.48  Derivative engines for emissions certification purposes.

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

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

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

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

Sec.  34.60  Introduction.

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

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

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

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

Sec. Sec.  34.61-34.64  [Reserved]

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

Sec.  34.71  [Reserved]

0
14. Remove and reserve Sec.  34.71.

Subpart H--[Removed]

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

PART 45--IDENTIFICATION AND REGISTRATION MARKING

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

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

Subpart B--Identification of Aircraft and Related Products

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

Sec.  45.13  Identification data.

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

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


[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Notices]
[Pages 51742-51743]
[FR Doc No: 2020-18417]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2017]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Notice; correction.

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

SUMMARY: On April 3, 2020, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous
table. This notice provides corrections to that table, to be used in
lieu of the information published at 85 FR 19010. The table provided
here represents the proposed flood hazard determinations and
communities affected for Middlesex County, Virginia, and Incorporated
Areas.

DATES: Comments are to be submitted on or before November 19, 2020.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2017, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed in the table below, in
accordance with Section 110 of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP may only be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The communities affected by the flood hazard determinations are
provided in the table below. Any request for reconsideration of the
revised flood hazard determinations shown on the Preliminary FIRM and
FIS report that satisfies the data requirements outlined in 44 CFR
67.6(b) is considered an appeal. Comments unrelated to the flood hazard
determinations will also be considered before the FIRM and FIS report
are made final.

Correction

    In the proposed flood hazard determination notice published at 85
FR 19010 in the April 3, 2020, issue of the

Federal Register, FEMA published a table titled ``Middlesex County,
Virginia, and Incorporated Areas''. This table contained inaccurate
information as the community map repository for the unincorporated
areas of Middlesex County featured in the table.
    In this document, FEMA is publishing a table containing the
accurate information. The information provided below should be used in
lieu of that previously published.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Middlesex County, Virginia and Incorporated Areas
------------------------------------------------------------------------
        Project: 19-03-0011S Preliminary Date: September 16, 2019
------------------------------------------------------------------------
Unincorporated Areas of Middlesex        Middlesex County Department of
 County.                                  Planning, 865 General Puller
                                          Highway, Saluda, VA 23149.
------------------------------------------------------------------------

[FR Doc. 2020-18417 Filed 8-20-20; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Page 6169]
[FR Doc No: 2020-02129]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-10004-96-OP]

National Environmental Justice Advisory Council; Notification of
Public Meeting With Teleconference Option and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), the
U.S. Environmental Protection Agency (EPA) hereby provides notice that
the National Environmental Justice Advisory Council (NEJAC) will meet
on the dates and times described below. All meetings are open to the
public. Members of the public are encouraged to provide comments
relevant to the specific issues being considered by the NEJAC. For
additional information about registering to attend the meeting or to
provide public comment, please see ``REGISTRATION'' under SUPPLEMENTARY
INFORMATION. Due to limited space, seating at the NEJAC meeting will be
on a first-come, first served basis. Pre-registration is highly
suggested.

DATES: The NEJAC will convene a public meeting with a teleconference
option beginning on Tuesday, February 25, 2020, starting at 6:00 p.m.,
Eastern Time. The NEJAC meeting continues on February 26-27, 2020, from
8:00 a.m. until 6:00 p.m., Eastern Time. Members of the public are
encouraged to provide comments in writing or verbally during the public
comment period on Tuesday evening. The public comment period begins at
6:00 p.m., Eastern Time (see SUPPLEMENTARY INFORMATION). Members of the
public who wish to participate during the public comment period are
highly encouraged to pre-register by 11:59 p.m., Eastern Time on
Sunday, February 16, 2020.
    The meeting on Wednesday and Thursday will focus on several topics
including, but not limited to, the discussion and deliberation of a
charge related to the reuse and revitalization of Superfund and other
contaminated sites and resiliency of communities after natural
disasters.

ADDRESSES: The NEJAC meeting will be held at the Omni Jacksonville, 245
Water Street, Jacksonville, FL 32202.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the public meeting should be directed to Karen L. Martin, U.S.
Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue NW
(MC2201A), Washington, DC 20460; by telephone at<PHONE_NUMBER>; via
email at<EMAIL_ADDRESS>Additional information about the NEJAC is
available at https://www.epa.gov/environmentaljustice/national-environmental-justice-advisory-council.

SUPPLEMENTARY INFORMATION: The Charter of the NEJAC states that the
advisory committee ``will provide independent advice and
recommendations to the Administrator about broad, crosscutting issues
related to environmental justice. The NEJAC's efforts will include
evaluation of a broad range of strategic, scientific, technological,
regulatory, community engagement and economic issues related to
environmental justice.''

Registration

    Registration for the February 25-27, 2020, public meeting will be
processed at https://nejac-february-2020-in-person-option.eventbrite.com. Pre-registration is highly suggested. Pre-
registration is required to participate in the teleconference option
and will be processed at https://nejac-february-2020-teleconference-option.eventbrite.com. Registration for the meeting closes at 11:59
p.m., Eastern Time on Sunday, February 16, 2020. The deadline to sign
up to speak during the public comment period, or to submit written
public comments, is 11:59 p.m., Eastern Time on Sunday, February 16,
2020. When registering, please provide your name, organization, city
and state, email address, and telephone number for follow up. Please
also indicate whether you would like to provide public comment during
the meeting, and whether you are submitting written comments before the
Sunday, February 16, 2020, deadline.

A. Public Comment

    Individuals or groups making remarks during the public comment
period will be limited to seven (7) minutes. To accommodate the number
of people who want to address the NEJAC, only one representative of a
particular community, organization, or group will be allowed to speak.
Written comments can also be submitted for the record. The suggested
format for individuals providing public comments is as follows: Name of
speaker; name of organization/community; city and state; and email
address; brief description of the concern, and what you want the NEJAC
to advise EPA to do. Written comments received by registration
deadline, will be included in the materials distributed to the NEJAC
prior to the teleconference. Written comments received after that time
will be provided to the NEJAC as time allows. All written comments
should be sent to Karen L. Martin, EPA, via email at<EMAIL_ADDRESS>
B. Information About Services for Individuals With Disabilities or
Requiring English Language Translation Assistance

    For information about access or services for individuals requiring
assistance, please contact Karen L. Martin, at<PHONE_NUMBER> or via
email at<EMAIL_ADDRESS>To request special accommodations for a
disability or other assistance, please submit your request at least
fourteen (14) working days prior to the meeting, to give EPA sufficient
time to process your request. All requests should be sent to the
address, email, or phone number listed in the FOR FURTHER INFORMATION
CONTACT section.

Matthew Tejada,
Director for the Office of Environmental Justice.
[FR Doc. 2020-02129 Filed 2-3-20; 8:45 am]
BILLING CODE 6560-50-P