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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Rules and Regulations]
[Pages 92787-92789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27390]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / 
Rules and Regulations

[[Page 92787]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 34

[Docket No.: FAA-2023-2434; Amdt. No. 34-7]
RIN 2120-AL83

Control of Non-Volatile Particulate Matter From Aircraft Engines: 
Emission Standards and Test Procedures

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; confirmation of effective date and response to 
public comments.

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SUMMARY: This action confirms the effective date of the final rule 
published on April 24, 2024, and responds to the comments received on 
that final rule. The FAA published a correction on May 7, 2024, to the 
final rule that established a compliance date of 90 days after the 
effective date. The rule adopts standards for measuring non-volatile 
particulate matter (nvPM) exhaust emissions from aircraft engines. With 
this rulemaking, the FAA implemented the nvPM emissions standards 
adopted by the 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.

DATES: The effective date of the final rule published on April 24, 2024 
(89 FR 31078), is confirmed as May 24, 2024. Compliance was required by 
August 22, 2024.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this action, see ``How To 
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Ralph Iovinelli, Office of Environment and Energy 
(AEE-300), Federal Aviation Administration, 800 Independence Ave. SW, 
Washington, DC 20591; telephone (202) 267-3566; email 
[email protected].
    For legal questions concerning this action, contact Jacob Keohane, 
Office of the Chief Counsel (AGC-200), Federal Aviation Administration, 
800 Independence Ave. SW, Washington, DC 20591; telephone (202) 355-
5491; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Non-volatile Particulate Matter (nvPM) is a standard for measuring 
the amount of solid particles (e.g. soot, etc.) emitted by an aircraft. 
The Environmental Protection Agency (EPA) has adopted nvPM-based 
standards for aircraft engine emissions and certification test 
procedures to replace the old ``Smoke Number'' (SN) standard.\1\ On May 
24, 2024, the Federal Aviation Administration (FAA) implemented EPA's 
nvPM standard in Control of Non-Volatile Particulate Matter From 
Aircraft Engines: Emission Standards and Test Procedures (89 FR 31078).
---------------------------------------------------------------------------

    \1\ 87 FR 72312 (Nov. 23, 2022), Control of Air Pollution From 
Aircraft Engines: Emission Standards and Test Procedures.
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    The FAA was statutorily required (see 42 U.S.C. 7572; Clean Air Act 
sec. 232) to incorporate the EPA's nvPM emissions standards into its 
own regulations and apply the regulatory requirements that will allow 
applicants to demonstrate compliance with the emissions standards at 
the time of engine airworthiness certification. Because the FAA does 
not have authority to make changes to the standards or procedures 
adopted by the EPA, and because the EPA issued its proposed rule for 
notice and sought public comment on these standards and test procedures 
prior to promulgating them on November 23, 2022, the FAA published the 
standards as a final rule with request for comment instead of seeking 
comment beforehand (see 5 U.S.C. 533(b)(3)(B), outlining the 
requirements under the Administrative Procedure Act for waiving prior 
notice and comment in informal rulemaking).
    In its final rule, the FAA requested comment from interested 
parties regarding the parts of that rulemaking that adopted the 
certification regulations in 14 CFR part 34 and implemented them at the 
time of aircraft engine certification. This document is a response to 
those comments.

Discussion of Comments

    The FAA received six comments on the rule, addressing several 
issues. The FAA received comments from five organizations and an 
individual.
    Many comments raised the issue of compliance dates. The rule was 
originally published without a compliance date, but a compliance date 
of 90 days after the effective date of May 24, 2024, was added to the 
rule when the FAA published a correction to the final rule on May 7, 
2024.\2\ A trade association wrote a comment in support of the 
standard. One commenter raised issues of environmental justice that are 
out of scope regarding this FAA rulemaking, as the FAA lacks authority 
to change EPA emissions standards.
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    \2\ 89 FR 37971 (May 7, 2024), Control of Non-Volatile 
Particulate Matter From Aircraft Engines: Emissions Standards and 
Test Procedures; Correction.
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    The FAA has determined that no changes to the final rule are 
necessary based on the comments received.

A. Ultrafine Particles and Environmental Justice Issues

    One commenter suggested that the FAA's Aviation Environmental 
Design Tool (AEDT) model include all particulate matter including 
ultrafine particulates (UFP) for mass and made additional comments on 
other various subjects including: EPA addressing environmental justice, 
EPA certification of engines, EPA technology following regulations, EPA 
regulation of UFP, limiting engines that may operate at a single 
location, health analysis for airports, and data input to models.
    The nvPM standards adopted by the FAA include UFP, which are 
defined as particles in the atmosphere smaller than 100 nanometers in 
diameter. Particulate emissions from aircraft engines covered by this 
rule range from approximately 5 to 40 nanometers (nm) in diameter. The 
EPA and FAA worked together to implement nvPM regulations per the Clean 
Air Act (CAA) and the United States' responsibilities under the

[[Page 92788]]

International Civil Aviation Organization (ICAO) Conventions. The other 
subjects this commenter raised are beyond the FAA's authority and are 
addressed in the EPA final rule.\3\
---------------------------------------------------------------------------

    \3\ 87 FR 72312 (Nov. 23, 2022), Control of Air Pollution From 
Aircraft Engines: Emission Standards and Test Procedures.
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B. Purported Change in Emissions Standards

    One commenter stated that the FAA does not have the authority to 
change the emissions standards adopted by the EPA. That commenter 
argued that the FAA ``changed the nvPM standard set by the EPA in 40 
CFR 1031.140(f)'' by adopting thrust (FN) as the correlating 
factor instead of the combustor inlet temperature (T3) as 
adopted by the International Civil Aviation Organization (ICAO). It 
referenced ``Section 4.2.2 of ICAO ETM Doc 9501, Fifth Edition, 2023 
and EPA 40 CFR 1031.140(f)'' as evidence.
    The EPA limits are based on thrust, not combustor inlet 
temperature. See 40 CFR 1031.140(f). The EPA limits for nvPM are 
contained in 40 CFR 1030.60(b), which sets particulate limits in terms 
of particulate mass per kilonewton (maximum rated thrust output). These 
regulations do not set T3 as the correlating factor.
    Furthermore, in ICAO Annex 16 Volume II, Section 4.2.2, all 
applicable limits are stated in terms of ``maximum rated thrust'' not 
``T3''. In 40 CFR 1031.140(f) of the EPA regulations, only 
the equipment and procedures of Annex 16 Volume II are incorporated by 
reference. The regulation states: ``Use the equipment and procedures 
specified in ICAO Appendix 7 and ICAO Appendix 6, as applicable.'' 
There is no mention of any limits in this section.
    Emissions testing using T3 is acceptable when an 
approved thrust vs T3 correlation curve is available for the 
engine being tested.

C. Showing of Compliance, Foreign Emissions Standards

    Two commenters made the following identical statement: ``Regarding 
the rule being effective May 24, 2024; this does not provide adequate 
time to compile, submit, approve, and revise the required FAA paperwork 
given the multiple engines in production by multiple Aircraft Engine 
manufacturers feeding into one FAA office.'' In addition, the same two 
commenters also stated concerns about compiling the information 
required by 14 CFR 34.73(e) for submittal.
    Although the initial rule did lack an implementation timeframe for 
manufacturers to show compliance, the FAA subsequently issued an 
amendment to the rule change, Amendment 7A, that added an 
implementation requirement time of 90 days after the effectivity date 
of the rule as 14 CFR 34.25(d).
    The data reporting requirements shown in Sec.  34.73(e) list the 
data currently needed to show compliance. This is the same data needed 
to determine the final approved values for ICAO Annex 16 Volume II. The 
FAA needs this data to verify the results and conduct appropriate 
oversight when reviewing submitted reports for approval. Reports 
showing compliance should include the data used for that showing and 
how it was obtained. Manufacturers that have already submitted 
compliance reports to a foreign authority can use data compiled for 
those reports to show compliance with this requirement. Therefore, the 
FAA concludes 90 days to be sufficient.
    In response to Amendment 7A, another commenter stated, ``Most 
engine manufactures have already shown EASA that their in-production 
aircraft engines meet ICAO CAEP/10 and CAEP/11 nvPM standards 
equivalent to the nvPM limits described in 14 CFR 34.25 at Amendment 
7A.'' The commenter requested that the compliance deadline be extended 
to 240 days after the effectivity date, arguing that, since most 
manufacturers have already shown EASA that their engines meet ICAO 
Annex 16 Volume II, an even later deadline to show compliance with the 
FAA rule would not harm the public. The commenter also stated its 
perception that this rule amendment was intended to apply to in-
production aircraft as well as engines.
    This rule does not hold up shipment of aircraft, because part 34 
applies only to engines, not aircraft. Once the engines were type 
certificated and shipped, they became valid engines. There is a 
misperception that this requirement extends to airplane manufacturing 
as well as engines. The applicability section in 14 CFR 34.25 only 
considers the manufacturer date of the engines. These requirements are 
only applicable to engines produced by the engine manufacturer after 
January 1, 2023.
    Moreover, as noted above, manufacturers that have already submitted 
compliance reports to a foreign authority can use data compiled for 
those reports to show compliance with this requirement. Therefore, the 
FAA concludes the 90-day deadline to show compliance with this rule to 
be sufficient.

D. 90% Confidence Interval

    A commenter asked why the FAA included a requirement for a 90% 
confidence interval at 14 CFR 34.73(d), since this requirement is not 
included in ICAO Annex 16 Volume II, Appendix 1.
    The FAA concludes it is in harmony with the international community 
because ICAO Annex 16 Volume II, Appendix 6, ``Compliance Procedure for 
Gaseous Emissions, Smoke, and Particulate Matter Emissions,'' 
recommends demonstrating a 90% confidence interval. The FAA concludes 
this recommendation should be mandatory to ensure that the data 
provided to the FAA is appropriately representative of the population. 
Under United States domestic law, all mandatory regulations must be in 
the CFR, not supplementary guidance documents. Therefore, the FAA has 
included this requirement here.

E. Standard Temperature Correction

    One commentor questioned the necessity of correcting for standard 
temperature and pressure, as indicated in the preamble of the rule, and 
the commentor posed the same comment on 14 CFR 34.73.
    The FAA notes that 14 CFR 34.73 correctly refers to the standard 
temperature and pressure (STP) corrections detailed in ICAO Annex 16 
Volume II, Appendix 7. Section 3.1 of that Appendix requires the 
applicant to ``determine nvPM at STP''. Per this requirement, nvPM must 
be corrected to STP. The FAA also notes that corrections to standard 
temperature and pressure are generally automatically included in the 
instrumentation.

F. Typographical Errors

    Some commenters pointed out several typographical errors 
(``typos'') in the preamble of the final rule, which the FAA 
acknowledges. They are:
     The preamble refers to ICAO Annex 16 Volume II, Appendix 
1, rather than to the correct reference of Appendix 7. (89 FR 31082)
     The end applicability date of the SN standard is given as 
January 1, 2023, as opposed to January 1, 2020. (89 FR 31087)
     The FAA preamble reads ``manufactures'' in a line of text 
that should read manufacturers.'' (89 FR 31083)
    A commenter also observed that the definition for ``reference day 
condition'' includes the phrase ``. . . the measured smoke, nvPM, and 
gaseous emissions must be corrected.'' 14 CFR. 34.1 (``Reference day 
condition''). The FAA

[[Page 92789]]

acknowledges that ``smoke'' was erroneously included in this 
definition, as there are no corrections to reference day conditions 
required for smoke measurements. However, regarding nvPM emissions, the 
FAA notes that corrections to reference day conditions are required, 
and that the measurement instrumentation corrects to reference day 
corrections.
    For clarity, a commenter suggested that the internal references in 
Sec.  34.73(c)(1) include a greater level of detail, specifically:
     Paragraph (c)(1)(i)(B), when referencing ``paragraph 
(c)(1),'' should reference ``paragraph (c)(1)(i)(A).''
     Paragraph (c)(1)(ii)(B), when referencing ``paragraph 
(c)(1),'' should reference ``paragraph (c)(1)(ii)(A).''
     Paragraph (c)(1)(ii)(C), when referencing ``paragraph 
(c)(1),'' should reference ``paragraph (c)(1)(ii)(B).''
     Paragraph (c)(1)(iii)(B), when referencing ``paragraph 
(c)(1),'' should reference ``paragraph (c)(1)(iii)(A).''
    The FAA thanks this commentor for its detailed and accurate 
suggestions. The FAA is declining to make these suggestions at this 
time, as such changes are not necessary.

G. Average of One

    A commenter noted that 14 CFR 37.73(c)(1)(iii)(D) requires an 
``average'' of engines tested, but ``[w]hat is missing is saying that 
this average has to be done if several engines have been tested.''
    The FAA concludes that adding additional text to Sec.  
34.73(c)(1)(iii)(D) is not necessary as taking the average of a single 
engine does not change the results of the calculations.

H. Comments in Support

    Finally, the FAA received positive feedback from multiple 
organizations.

Conclusion

    After consideration of the comments submitted in response to the 
final rule with request for comment, the FAA has determined that no 
further rulemaking action is necessary. Therefore, amendment 34-7 
remains in effect.

How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the internet--
    1. Search the Federal eRulemaking Portal (www.regulations.gov);
    2. Visit the FAA's Regulations and Policies web page at 
www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to www.regulations.gov and 
following the online instructions to search the docket number for this 
action. Anyone is able to search the electronic form of all comments 
received into any of the FAA's dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document may 
contact its local FAA official or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/rulemaking/sbre_act/.

    Issued under authority provided 49 U.S.C. 40101, et seq., in 
Washington, DC, on November 18, 2024.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2024-27390 Filed 11-22-24; 8:45 am]
 BILLING CODE 4910-13-P
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