[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44457-44458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18191]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No. FAA-2011-0746]
Application of Regulations on Fuel Venting
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Policy determination.
-----------------------------------------------------------------------
SUMMARY: This document advises the public of a recent decision by the
Federal Aviation Administration (FAA) concerning the application of
certain provisions of the regulations regarding fuel venting
requirements.
DATES: We must receive your comments by August 25, 2011.
ADDRESSES: This is a notice of a policy determination only. You may
send comments identified by Docket Number FAA-2011-0746 using any of
the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: 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 holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go 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.
FOR FURTHER INFORMATION CONTACT: Curtis Holsclaw, Office of Environment
and Energy (AEE-2), FAA, 800 Independence Ave., SW., Washington, DC
20591; e-mail [email protected], facsimile (202) 267-5594,
telephone (202) 267-3575.
SUPPLEMENTARY INFORMATION: Title 14 of the Code of Federal Regulations
(14 CFR), part 34, Sec. 34.11 is the regulation that prohibits fuel
venting, the intentional discharge to the atmosphere of fuel drained
from fuel nozzle manifolds after engines are shut down. By its terms,
the regulation does not apply to normal fuel seepage from shaft seals,
joints, and fittings.
During a recent aircraft certification, the FAA became aware of
difficulties in applying the language of Sec. 34.11 to the newest
designs of aircraft engines. The Boeing Models 747-8, 747-8F, and 787
series airplanes incorporate new General Electric (GE) Model GEnx-2B
and GEnx-1B engines, respectively. These GE engines include an advanced
technology fuel system that significantly reduces fuel consumption and
emissions. This technology incorporates the use of a larger, complex
fuel manifold and a new fuel nozzle design that also uses check valves
as an alternative to a fuel manifold drainage collection tank as a
means to prevent release of fuel after shutdown. While this design
reduces overall emissions, flight tests revealed an intermittent,
inadvertent release of a small amount of
[[Page 44458]]
fuel after the engines were shut down. This release of fuel is caused
by unexpected elevated fuel manifold pressures that result in the
release of fuel from the fuel nozzles. Under certain atmospheric
conditions this release of fuel results in a visible vapor. This event
was not observed during the GEnx engine's certification testing under
14 CFR part 33, but only after it was installed and operated on the
subject airplanes.
Following these observations, the FAA reconsidered how the
provisions of Sec. 34.11 should be applied under the circumstances of
these certifications. A review of the history of the section found that
it was promulgated in 1973 in response to short-sighted environmental
practices of the time, including the routine dumping of up to a gallon
of raw fuel onto the ground after engines were shut down. The general
prohibition in Sec. 34.11 is stated in the first sentence of that
section, that ``[n]o fuel venting emissions shall be discharged into
the atmosphere from any new or in-use aircraft gas turbine engine
subject to the subpart.'' The second sentence appears to condition this
prohibition, stating that ``[t]his paragraph is directed at the
elimination of intentional discharge to the atmosphere of fuel drained
from fuel nozzle manifolds after engines are shut down and does not
apply to normal fuel seepage from shaft seals, joints, and fittings.''
The language of the second sentence presents a unique situation in
aircraft certification by introducing the concept of intent, without
clearly referencing where the intent attaches. The second sentence also
specifies three locations where ``seepage'' is considered normal and
acceptable.
Historically, application of Sec. 34.11 has not been an issue.
Aircraft engines designed since promulgation of the rule have not
included any means by which fuel is collected and dispersed outside the
engine after shutdown. The GEnx engines at issue do not release fuel
from the three locations noted in the regulation--shaft seals, joints,
or fittings. Nor does the amount of fuel or the manner in which it is
being released rise to the level of historical fuel dumping that
prompted the adoption of the regulation in 1973. Yet, small quantities
of fuel (up to 5.5 ounces) are being released intermittently under
certain conditions, and the fuel is being vaporized on contact with hot
surfaces inside the engine, resulting in the visible fuel vapors that
have been observed when they emit from either the inlet or exit plane
of the engine.
The new engines incorporate technological advances and
environmental performance improvements that were never envisioned when
the original regulation was adopted in 1973. These factors have made it
more difficult to reconcile the design and function of these engines in
a certification context with a 38-year-old regulation that was aimed at
a different set of circumstances. Application of the current regulation
has become less clear in this context.
With the cooperation of the equipment manufacturers, the FAA
investigated the safety and environmental effects of the fuel release
and vaporization. The FAA consulted with the Environmental Protection
Agency (EPA) on the local air quality impacts. While we were satisfied
that no safety and minimal environmental effects are evident, we remain
concerned about compliance with the intent of the current regulation,
and the inability of the current regulation to be unambiguously applied
to the certification situation.
The FAA has determined that the best course of action is to allow
the current certification of these engine/airframe combinations. The
certification basis includes requirements that the manufacturers
develop and install modifications that will eliminate these
intermittent fuel releases and observed vapors that have been
experienced during certification testing. These modifications will
apply to newly manufactured airplanes by December 31, 2012, and in-use
airplanes by December 31, 2014.
The technological advances incorporated in these engines allow them
to more than exceed the separate regulatory requirements for emissions
that are the focus of current environmental compliance efforts. The FAA
will re-examine the language of the fuel venting regulation and its
application during certification to determine whether it needs to be
changed to address issues associated with newer technologies. We may
consult with the EPA on whether to propose changes to Sec. 34.11 and
its companion regulation at 40 CFR 87.11. We will also consider whether
more flexibility in application of the regulation is appropriate based
on the experience gained during this certification. The decision to
proceed with certification of the subject airframe/engine combinations
is an effort to acknowledge the lack of clarity in the application of
the regulation to the specific circumstances encountered. The
requirement to modify the aircraft is intended to prevent any
retrenchment from the original regulatory intent.
Issued in Washington, DC, on July 14, 2011.
Lourdes Q. Maurice,
Executive Director, Office of Environment and Energy.
[FR Doc. 2011-18191 Filed 7-25-11; 8:45 am]
BILLING CODE 4910-13-P