G/TBT/N/USA/2116  
25 April 2024  
(24-3410) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Aviation Administration (FAA) [2147]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: This rule adopts the procedures necessary for the FAA to implement the 
regulatory emissions limits and test requirements (together referred to as standards) for 
nvPM emitted by aircraft engines adopted by the EPA under 42 U.S.C . 7571 (sec. 231 of 
the Act) (87 FR 72312, 23 November 2022) that were effective 31 December 2022.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Non-
volatil e particulate matter from aircraft engines; Quality (ICS code(s): 03.120); 
Environmental protection (ICS code(s): 13.020); Air quality (ICS code(s): 13.040); Test 
conditions and procedures in general (ICS code(s): 19.020); Aircraft and space vehicles 
in general (ICS code(s): 49.020)  
5. Title, number of pages and language(s) of the notified document:  Control of Non -
Volatile Particulate Matter From Aircraft Engines: Emission Standards and Test 
Procedures; (13 page(s), in English)  
6. Description of content:  Final rule; request for comments by 24 June 2024 - This action 
adopts standards for measuring non -volatile particulate matter (nvPM) exhaust emissions 
from aircraft engines. With this rulemaking, the FAA implements the nvPM emissions 
standards adopted by t he Environmental Protection Agency (EPA), allowing 
manufacturers to certificate engines to the new nvPM emissions standards in the United 
States, and fulfilling the statutory obligations of the FAA under the Clean Air Act ( CAA). 
The emission standards adopted by the EPA in 40 CFR part 1031  represent the results of 
widely coordinated international efforts and public notice and comment rulemaking. The 
FAA, EPA, industry representatives, and foreign certification authorities all participated in 
a multi -year process that resulted in the nvPM standards adopted  by the International 
Civil Aviation Organization (ICAO), which the EPA thereafter prescribed in 40 CFR part 
1031. Because the FAA has no authority to change any of the standards adopted by the 
EPA, a solicitation of comments will not result in any substantive changes to the standards 
and would unnecessarily delay their implementation.  
Accordingly, the FAA finds that notice and comment on the standards and proc edures 
adopted in this rulemaking is unnecessary because the FAA does not have authority to G/TBT/N/USA/2116  
 
- 2 - 
 
  make changes to the standards or procedures adopted by the  EPA and the EPA issued  its 
proposed rule for notice and sought public comment on these standards and test 
procedures prior to promulgating them on 23 November 2022; G/TBT/N/USA/1831 and 
Add.1 - Control of Air Pollution From Aircraft Engines: Emission Standards and Test 
Procedures, EPA-HQ-OAR-2019-0660. 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Quality requirements  
8. Relevant documents:   
89 Federal Register (FR) 31078, 24 April 2024; Title 14 Code of Federal Regulations (CFR) 
Part 34 : 
https://www.govinfo.gov/content/pkg/FR -2024-04-24/html/2024 -08453.htm  
https://www.govin fo.gov/content/pkg/FR -2024-04-24/pdf/2024 -08453.pdf  
This final rule; request for comments is identified by Docket Number FAA -2023-2434. The 
Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/FAA -2023-2434/document  and provides access to 
primary documents as well as comments received. Documents are also ac cessible from 
Regulations.gov  by searching the Docket Number. WTO Members and their stakeholders 
are asked to submit comments to the USA TB T Enquiry Point . Comments received by the 
USA TBT Enquiry Point from WTO Members and their stakeholders by 4pm Eastern Time  
on 24 June 2024 will be shared with the FAA and will also be submitted to the Docket  on 
Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  24 May 2024  
10. Final date for comments:  24 June 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https: //members.wto.org/crnattachments/2024/TBT/USA/24_02798_00_e.pdf