AMC 21.A.130(b)(4)(i) Applicable engine exhaust emissions requirements    

CAA ORS9 Decision No. 1

1. General

This determination is made according to the data provided by the engine type-certificate holder. This data should allow the determination of whether the engine complies with the emissions production cut-off requirement of  paragraph  (d)  of  Volume II,  Part III,  Chapter 2,  paragraph 2.3.2 of Annex 16 to the Chicago Convention. It should be noted that in the case of engines for which the CAA has granted an exemption from these requirements, the emissions requirements applicable are the regulatory levels defined in Volume II, Part III, Chapter 2, paragraph 2.3.2 c) of Annex 16 to the Chicago Convention.

2. Process and criteria for exemptions against a NOx emissions production cut-off requirement

    2.1 Request

    The organisation should submit a formal request to the CAA, signed by an appropriate manager, and copied to all other relevant organisations and involved Competent Authorities including the CAA. The letter should include the following information for the CAA to be in a position to review the application:

      a) Administration

        — Name, address and contact details of the organisation.

      b) Scope of the request

        — Engine type (model designation, type-certificate (TC) number, TC date, emission TC basis, ICAO Engine Emissions Databank Unique Identification (UID) Number);

        — Number of individual engine exemptions requested;

        — Duration (end date) of continued production of the affected engines.

        — Whether the proposed affected engines are ‘spares’ or ‘new’ and whom the engines will be originally delivered to.

        Note: In the case where the engines are ‘new’ (new engines installed on new aircraft), and if this would result in a larger negative environmental impact as compared to exemptions only for spare engines, more detailed justification could be required to approve this application.

      c) Justification for exemptions

      When requesting an exemption for a ‘new’ engine, the organisation should, to the extent possible, address the following factors, with quantification, in order to support the merits of the exemption request:

        — Technical issues, from an environmental and airworthiness perspective, which may have delayed compliance with the production cut-off requirement;

        — Economic impacts on the manufacturer, operator(s) and aviation industry at large;

        — Environmental effects. This should consider the amount of additional NOx emissions that will be emitted as a result of the exemption. This could include consideration of items such as:

          — the amount that the engine model exceeds the NOx emissions standard, taking into account any other engine models in the engine family covered by the same type-certificate and their relation to the standard;

          — the amount of NOx emissions that would be emitted by an alternative engine for the same application; and

          — the impact of changes to reduce NOx on other environmental factors, including community noise and CO2 emissions;

      — Impact of unforeseen circumstances and hardship due to business circumstances beyond the manufacturer’s control (e.g. employee strike, supplier disruption or calamitous events);

      — Projected future production volumes and plans for producing a compliant version of the engine model seeking exemption;

      — Equity issues in administering the production cut-off among economically competing parties (e.g. provide rationale for granting this exemption when another manufacturer has a compliant engine and does not need an exemption, taking into account the implications for operator fleet composition, commonality and related issues in the absence of the engine for which exemptions are sought);

      — Any other relevant factors.

    2.2 Evaluation

    2.2.1. Left blank

    2.2.2 The evaluation of an exemption request should be based on the justification provided by the organisation and on the following definitions and criteria:

      a) Use of engines

        — ‘Spare engines’ are defined as complete new engine units which are to be installed on in-service aircraft for maintenance and replacement. It can be presumed that exemption applications associated with engines for this purpose would be granted as long as the emissions were equal to or lower than those engines they are replacing. The application should include the other items described in points (a) and (b) of paragraph 2.1 above, but it would not need to include the items specified in point (c). For spare engines, the evaluation of the exemption application would be conducted for record keeping and reporting purposes, but it would not be done for approval of an exemption.

        — ‘New engines’ are defined as complete new engine units which are to be installed on new aircraft. They can only be exempted from a NOx production cut-off requirement if they already meet the previous standard (e.g. exemption from the CAEP/6 NOx production cut-off requirement of paragraph (d) of Volume II, Part III, Chapter 2, paragraph 2.3.2 of Annex 16 to the Chicago Convention is only possible if an engine type already meets the regulatory levels defined in Volume II, Part III, Chapter 2, paragraph 2.3.2 c) of Annex 16 to the Chicago Convention). Also, in order for and exemption to be granted for this type of engine the applicant must clearly demonstrate that they meet the criteria for an exemption by including items described in points (a), (b) and (c) of paragraph 2.1 above. The CAA may require additional information regarding the appropriateness of the potential exemption.

    b) Number of new engine exemptions

      Exemptions should be based on a total number of engines and time period for delivery of these engines, which would be agreed at the time the application is approved and based on the considerations explained  in  point (c) of paragraph 2.1 above. The number of engines exempted should not exceed 75 per engine type-certificate, and the end date of continued production of the affected engines should not exceed 31.12.2016. The number of exemptions is related to individual non-compliant engines covered under the same type-certificate.

      Exemptions for new engines should be processed and approved by the CAA, in agreement with the CAA, for both the manufacture of the exempted engines and the initial operator of the aircraft to which they are to be fitted. Given the international nature of aviation, the CAA should attempt to collaborate and consult on the details of exemptions. In the case where engine type certification is done through a reciprocity agreement between the CAA and Third Countries, the CAA should coordinate on the processing of exemptions and concur before approval is granted.

    c) Other engines

      Unlimited exemptions may be granted for continued production of spare engines having emissions equivalent to or lower than the engines they are replacing.

      Engines for use on aircraft excluded from the scope of the Basic Regulation

      - i.e. aircraft specified in Annex II to the Basic Regulation and aircraft involved in activities referred to in Article 1(2) of the Basic Regulation (e.g. military, customs, police, search and rescue, fire fighting, coastguard or similar activities or services) - are excluded from civil aircraft NOx production cut- off requirements.

    2.3 Rejection of request

    If the CAA rejects the request for exemption, the response should include a detailed justification.