February 23, 2012

Dr. Lourdes Maurice

Executive Director 

Office of Environment and Energy

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: EPA’s Proposed Rule on Nitrogen Oxide (NOx)

Dear Dr. Maurice:

I write on behalf of The Aerospace Industries Association (AIA) to express my sincere hope that 

the EPA, FAA, and OMB will do all they can to speed up rulemaking for the Environmental 

Protection Agency’s (EPA) Proposed Rule, “Control of Air Pollution From Aircraft and Aircraft 

Engines; Proposed Emission Standards and Test Procedures”, which includes consequent 

revisions to the Federal Aviation Administration’s (FAA) 40 CFR Part 87. 

The civil aviation industry, inclusive of AIA members, has a strong track record of producing 

year-over-year reductions in NOx, and other criteria pollutants, and strives to produce products 

that minimize environmental impact. The industry has devoted substantive research 

investments and resources for emissions reduction technologies and has worked closely with 

the International Civil Aviation Organization (ICAO) to recognize these improvements. As you 

know, ICAO is the core regulator of international civil aviation, and is best suited to do so given 

the global nature of the industry. It is vital that ICAO member States to adopt ICAO standards 

for aircraft engines in order to maintain international harmonization and a level playing field in 

the international market. 

During its eighth meeting, ICAO’s Committee of Aviation Environmental Protection (CAEP) 

agreed on a cut-off for aircraft engines whose NOx emissions do not meet Amendment 6 to 

ICAO Volume II (known as CAEP6 or to EPA as Tier6 in the NPRM). Global regulators are 

thereby left to codify these agreements. We are confident that other agencies worldwide are on 

track to meet the cut-off date of December 31, 2012, which is rapidly approaching. However, 

we fear EPA will not meet this crucial deadline, putting manufacturers and the FAA at a 

tremendous disadvantage as both manufacturers and the FAA attempt to meet international 

standards not yet codified in the United States.

Although we do have some concerns about the EPA proposal, as outlined in comments 

submitted by AIA and General Aviation Manufacturers Association (GAMA) on September 26, 

2011, AIA supports the NPRM as part of EPA’s and FAA’s continuing effort to harmonize 

domestic standards with ICAO international standards, thereby improving US local air quality, 

and securing the benefits of a uniform international market for American manufacturers. Our 

understanding is that EPA and FAA will address the pragmatic realities of industry commitments 
to deliver engines that have been ordered years in advance, in accordance with ICAO 

standards.

The FAA has also proposed a 6-step process in order to establish procedures that would 

attempt to minimize the burden to both industry and government, while maintaining the integrity 

of the compliance process associated with this rule. While we are generally supportive of the 

outlined plan, and appreciate the steps taken to minimize a potentially harmful consequence, 

AIA intends to address this more complex issue in a separate document. Our intent is to gain 

from the FAA, further understanding of the process, as suggested by our preliminary questions. 

After we have been provided with this further detail, we will be in a better position to assess the 

impact on our membership.

EPA and FAA have worked tirelessly to make certain this rule is not delayed, and we hope that 

this hard work is not tied up with a lengthy regulatory process. We appreciate the flexibility 

demonstrated by FAA and EPA regarding implementation of the Final Rule and efforts to ensure 

an orderly transition to new standards, but we feel strongly that any final regulation of aircraft 

emissions standards must offer industry and government stakeholders the necessary flexibility 

to respond to unique or unforeseen circumstances that inevitably arise when a complex new 

regulation is implemented in a relatively short amount of time.

Any delay in finalizing or implementing the Final Rule carries a real risk to disruption in the flow

of commerce, which could lead to tangible and irreversible loss to industry, operators, and 

government, during a vulnerable economic time. To avoid further complication, we urge the 

FAA, EPA, and the Office of Management and Budget (OMB) to expedite the promulgation of 

the EPA’s rule. 

Sincerely,

Leslie Riegle

Director of Civil Aviation, Environment & Security

Aerospace Industries Association (AIA)

Attachment: Submitted AIA/GAMA Comments to EPA’s NOx Proposed Rule, September 26, 

2011 

Cc: Environmental Protection Agency

Office of Management and Budget