This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

36076 

Vol. 87, No. 115 

Wednesday, June 15, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 21, 38, 121, and 125 

[Docket No.: FAA–2022–0241; Notice No. 

22–03] 

RIN 2120–AL54 

Airplane Fuel Efficiency Certification 

AGENCY: Federal Aviation 

Administration (FAA), Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes fuel 

efficiency requirements for certification 

of certain airplanes. These certification 

requirements would implement the 

emissions standards adopted by the 

Environmental Protection Agency, 

allowing manufacturers to certificate 

their aircraft for fuel efficiency in the 

United States, and fulfilling the 

statutory obligations of the FAA under 

the Clean Air Act. 

DATES: Send comments on or before 

August 15, 2022. 

ADDRESSES: Send comments identified 

by docket number FAA–2022–0241 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

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 (DOT), 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: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the 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: For 

technical questions concerning this 

action, contact Ralph Iovinelli, Office of 

Policy, International Affairs & 

Environment, Emissions Division (AEE– 

300), Federal Aviation Administration, 

800 Independence Avenue SW, 

Washington, DC 20591; telephone 202– 

267–3566; email ralph.iovinelli@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. 

The authority to insure compliance 

with aviation emission standards 

adopted by the United States 

Environmental Protection Agency (EPA) 

is granted to the Secretary of 

Transportation in the Clean Air Act 

Amendments of 1970 (CAA), title 42 of 

the United States Code (U.S.C.), Chapter 

85, Subchapter II, part B, Section 7572. 

Further, 49 CFR 1.83(c) delegates to the 

FAA Administrator the authority to 

‘‘Carry out the functions vested in the 

Secretary by part B of title II of the 

CAA.’’ 

This rulemaking proposes regulations 

to insure compliance with the standards 

adopted by the EPA under the CAA in 

40 CFR part 1030 to control the 

emission of certain greenhouse gas 

emissions from airplanes. This 

rulemaking is issued under the 

authority described in 42 U.S.C. 7572 

and 49 CFR 1.83(c). 

I. Background 

As a signatory State to the 

International Civil Aviation 

Organization’s (ICAO) Chicago 

Convention, the United States must 

establish minimum standards consistent 

with ICAO or file a difference. The 

Committee on Aviation Environmental 

Protection (CAEP) is a technical 

committee of ICAO that assists in 

formulating ICAO policy and in 

adopting Standards and Recommended 

Practices related to aircraft noise and 

emissions. The FAA represents the 

United States on CAEP, attending 

annual Steering Group meetings and 

CAEP triennial meetings, and 

contributing technical expertise to 

CAEP’s many working groups. The EPA 

serves as an advisor to the U.S. member 

of CAEP at the annual and triennial 

meetings, and contributes technical 

expertise to the FAA and CAEP’s 

working groups on aviation emissions, 

pollution control technology, and 

environmental policy. Within CAEP, the 

FAA assists and advises the EPA on 

aviation-specific environmental issues, 

airplane and engine technologies, and 

airworthiness certification matters. 

In 2009, the ICAO Council and its 

Group on International Aviation and 

Climate Change (GIACC) developed a 

‘‘Programme of Action’’ to limit or 

reduce the impact of aviation on the 

climate. The program’s ‘‘basket of 

measures’’ included the reduction of the 

carbon footprint of international civil 

aviation, beginning with the 

development of a technology-based 

certification standard for carbon dioxide 

(CO2) emissions from subsonic 

airplanes. 

The CO2 standard-setting process 

included input from governments, 

aircraft and engine manufacturers, nongovernmental environmental 

organizations, research institutions, and 

academics worldwide. The standardsetting process occurred in two 3-year 

phases. The first phase focused on the 

development of the CO2 certification 

requirement (a CO2 metric, test 

procedures, and measurement 

methodology). The second phase 

focused on the development of the CO2

standard itself (establishing regulatory 

limits, applicability, and assessments of 

cost effectiveness). The principles and 

key criteria that guided the process 

included the concepts that: 

—No certification requirement 

compromise aircraft safety; 

—Airplane CO2 emissions be reduced 

through the integration of fuel 


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Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Proposed Rules 36077 

1Annex 16 to the Convention on International 

Civil Aviation, Environmental Protection, Volume 

III, Aeroplane CO2 Emissions, First Edition, July 

2017. https://store.icao.int/collections/annex-16- 

environmental-protection/products/annex-16- 

environmental-protection-volume-iii-aeroplane-co2- 

emissions. 

2 86 FR 2136–2174, Final Rule, 40 CFR parts 87 

and 1030, Control of Air Pollution from Airplanes 

and Airplane Engines: GHG Emission Standards 

and Test Procedures, Environmental Protection 

Agency. 

efficient technologies in airplane type 

designs; 

—Airplanes that incorporate differing 

generations of CO2 reduction 

technologies be treated fairly and 

equitably; 

—Any standard be independent of 

airplane size, purpose or utilization; 

—The metric be robust and minimize 

unintended airplane and system 

design consequences; 

—Any standard should use industry 

standard practices of measurement 

and correction; and 

—The implementation of any standard 

reflects a manageable and appropriate 

level of resources to be expended by 

national airworthiness authorities and 

manufacturers. 

In February 2016, CAEP agreed on a 

new CO2 emission standard for certain 

airplanes. It was adopted by ICAO in 

March 2017 as Annex 16, Volume III.1

In the United States, the CAA directs 

the U.S. EPA to adopt standards 

applicable to the emission of any air 

pollutant from any class of aircraft 

engines. The CAA also directs the 

Secretary of Transportation (and by 

delegation, the Administrator of the 

FAA) to implement the standards 

adopted by the EPA, which takes place 

by the adoption of regulations in title 14 

of the Code of Federal Regulations (CFR) 

that allow the certification of aircraft 

and aircraft engines to the EPA 

standard. 

On January 11, 2021, the EPA 

published a final rule 2 adopting new 

domestic airplane greenhouse gas (GHG) 

emissions standards in new 40 CFR part 

1030. In accordance with the CAA, the 

FAA is proposing new certification 

regulations for certain airplanes to 

insure compliance with those standards. 

The applicability of these proposed 

regulations and the regulatory emissions 

limits in the United States are the same 

as those adopted by ICAO as its airplane 

CO2 emission standard. 

The FAA, EPA and ICAO each use 

different terminology to reference the 

same standards. In Annex 16 volume III, 

ICAO references its standard as CO2

emissions because the amount of CO2

emitted is directly proportional to the 

amount of fuel burned by an airplane at 

cruise speed and altitude. It is a 

commonly used term that fits well 

within ICAO’s international goals to 

reduce the carbon footprint of aviation. 

The EPA rule references GHGs in 

recognition of airplane emissions of CO2

and another GHG, nitrous oxide (N2O). 

The EPA did not set limits on N2O 

emissions, noting that they are small 

and are proportionally reduced as CO2

is reduced. The FAA describes these 

same limits and procedures as measures 

of fuel efficiency since this proposed 

rule prescribes a measurement of 

aircraft performance determined by the 

specific air range (SAR) parameter to 

determine fuel efficiency. The three 

concepts—FAA’s proposed fuel 

efficiency, the EPA’s GHG emissions, 

and ICAO’s CO2 emissions—are to be 

considered equivalent for purposes of 

implementation. The FAA is also 

making draft guidance material for part 

38 available at the same time as this 

proposed rule, and has placed that draft 

Advisory Circular in the docket for 

comment. 

II. Discussion of the Proposal 

Since this document proposes an 

entire new part in 14 CFR, the word 

‘‘proposed’’ has been eliminated 

throughout this preamble when 

referencing material for part 38 or its 

appendix. The term remains when 

discussing material that proposes to 

amend other parts of 14 CFR. 

A. General 

Since the CAA vests authority to 

regulate airplane emissions with both 

the EPA and the FAA, the regulations 

adopted by each agency bear a 

particular relationship to each other. In 

January 2021, the EPA adopted 

regulations limiting the GHG emissions 

from certain airplanes in 40 CFR part 

1030. The emission standard described 

by the FAA here as new 14 CFR part 38 

is intended to be the same as that 

adopted by the EPA. In the event that 

the EPA changes the standard in 40 CFR 

part 1030, and until part 38 is amended 

with the same change, a certification 

applicant may request a waiver of those 

provisions as they appear in part 38 and 

instead comply with 40 CFR part 1030 

(see § 38.9 (Relationship to other 

regulations)). 

The FAA is including a definitions 

section as § 38.3 that includes terms 

specific to fuel efficiency certification. 

The term that may be less familiar is 

Maximum Take Off Mass (MTOM), 

which is the international standard term 

for aircraft weight expressed in 

kilograms. Terms that are used in 40 

CFR part 1030 will carry the same 

meaning when used in part 38, unless 

otherwise defined in part 38 (see § 38.3 

(Definitions)). The FAA has followed 

this process for changes to the aircraft 

engine emissions standards adopted in 

14 CFR part 34, which were also 

promulgated under the CAA paradigm. 

Finally, § 38.7 (Reserved) will list the 

materials to be incorporated by 

reference into part 38 when those 

materials are determined. 

As developed by ICAO, the standard 

adopted by the EPA includes three 

occasions at which an airplane becomes 

subject to the GHG standards. These 

same applicability points are proposed 

here: at new type certification, the 

manufacture of any covered airplane 

after January 1, 2028, and when an 

airplane modification that triggers the 

criteria is made. While all three are 

contained in the applicability criteria of 

§ 38.1, the change criteria are also 

described in further detail in § 38.19. 

B. Applicability (§ 38.1) 

Section 38.1 describes the airplanes 

subject to the rule. Although the ICAO 

standard on which these regulations are 

based was effective January 1, 2020, the 

effective date of the EPA regulation 

implementing the standard is January 

11, 2021. Except for the effective date, 

the EPA and FAA regulations are 

intended to have the same applicability 

as ICAO’s standard. The difference in 

effective dates between the ICAO and 

EPA standards had no practical effect in 

the United States. In the twelve months 

between the effective date of the ICAO 

standard and the effective date of the 

EPA standards, the FAA received no 

applications for type certification for 

any applicable airplane type. While the 

emission standard is now applicable in 

the United States through 40 CFR part 

1030, the FAA is not aware of any new 

airplane model for which a type 

certification application would be 

submitted before the certification 

regulations here are expected to be 

adopted. Once an airplane is typecertificated for fuel efficiency in 

accordance with this rule, all airplanes 

produced under that type certificate 

must comply with the fuel efficiency 

requirements. 

In reviewing the EPA standard as part 

of the development of this rule, the FAA 

determined that the difference between 

applicability statements in ICAO’s 

Standards and Recommended Practices 

and those in the EPA and FAA 

regulations resulted in certain airplanes 

being omitted from the EPA 

applicability section. Those airplanes 

are described in § 38.1(a)(1)(iv)–(vi). The 

airplanes would have a maximum 

takeoff mass (MTOM) of more than 

60,000 kg and be type-certificated for a 

maximum passenger seating capacity of 


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19 seats or fewer. The FAA has advised 

the EPA of this finding and of the 

inclusion of the airplanes in part 38 

applicability. 

An airplane that was type-certificated 

before the applicable compliance date 

listed in § 38.1 may be required to 

demonstrate compliance with the fuel 

efficiency standard if certain 

modifications to the airplane that, in 

general, would affect the fuel efficiency 

of the airplane, are incorporated after 

January 1, 2023 (§ 38.1(a)(4) and (5)). 

Changes to airplanes and the effect of 

those changes on compliance with the 

fuel efficiency regulations are discussed 

more fully in the section on change 

criteria (section G.) below. 

Included in the applicability section 

is the requirement that all covered 

airplanes manufactured after January 1, 

2028, regardless of the date of type 

certification, would have to meet the 

fuel efficiency requirements of part 38. 

Airplanes manufactured after that date 

would not be eligible for an original 

certificate of airworthiness unless 

compliance with part 38 has been 

shown. This manufacturing cutoff date 

effectively places a cutoff on the period 

during which an airplane not previously 

certificated for fuel efficiency might 

become subject to the requirement by 

introducing a modification, as described 

in the section below on change criteria. 

The applicability section of part 38 is 

particularly complex and examples of 

the effect of this part on selected 

popular operational categories of 

airplanes is summarized in table 1 

below. 

TABLE 1—QUICK REFERENCE FOR APPLICABILITY

Individual airplane status Applicability 

today 

Applicability when 

modified 

Effective dates for 

applicability of part 38 

Fuel efficiency metric 

(FEM) 

limit 

Note 

In service, and type is no longer being 

produced EX: 757.

None ........... none ................................ none ................................ none ................................ May voluntarily apply to 

establish an FEM 

value. 

Status would only 

change if a new airplane is produced. 

In service, and new airplanes still 

being produced EX: 737 MAX 8.

None ........... Must comply with the inproduction limit if: (1) 

produced after 1/1/ 

2023 and (2) includes 

a modification that 

changes the FEM 

value (§ 38.19(c)).

1/1/2023 for modified airplanes § 38.1(a)(4)–(5).

1/1/2028 for all new production § 38.1(a)(6)–(7).

In-production limit 

§ 38.17(a)(5)–(8).

[intentionally left blank] 

New Type: large jet airplanes and propeller-driven airplanes produced 

under new type certificates applied 

for after 1/11/2021.

§ 38.1(a)(1) 

and (3).

All airplanes; New certification required if triggered by change criteria (§ 38.19(a)).1/11/2021 ........................ New type limit 

§ 38.17(a)(1)–(4).

[intentionally left blank] 

New Type: small airplanes produced 

under new type certificates applied 

for after 1/1/2023.

§ 38.1(a)(2) All airplanes; New certification required if triggered by change criteria (§ 38.19(a)).1/1/2023 .......................... New type limit 

§ 38.17(a)(1).

[intentionally left blank] 

The FAA is proposing the same 

exclusions to part 38 that were adopted 

by the EPA and ICAO. Part 38 would 

not apply to airplanes with lesser 

MTOMs (jets or propeller-driven 

airplanes) as indicated in § 38.1(c). 

Airplanes that are designed for 

specialized operations (including the 

presence of unique design features to 

carry out those operations) also would 

be excluded from part 38, subject to a 

determination that a design for 

specialized operation is detrimental to 

fuel efficiency. This determination 

would be made by the FAA when an 

airplane is presented for certification. 

Examples of such airplanes could 

include specialized cargo features, 

specialized missions, or crop dusting. 

Amphibious airplanes (as defined in 

§ 38.3), airplanes that have no 

pressurized areas (described as having 

zero reference geometric factor (RGF)), 

airplanes designed for firefighting, and 

airplanes powered by reciprocating 

aircraft engines also would be excluded. 

C. Compatibility With Airworthiness 

Requirements (§ 38.4) 

Section 38.4 addresses historical 

issues of compatibility between 

environmental and airworthiness 

standards. This section is intended to 

prohibit the sequencing of certification 

tests for an airplane that has not met the 

applicable airworthiness requirements. 

This requirement would ensure that 

critical airplane configuration is 

established before fuel efficiency 

certification tests are conducted, and 

that no airworthiness standards are 

compromised during the fuel efficiency 

certification. In addition, the FAA 

proposes to require that all of the 

procedures used to conduct the flights 

that demonstrate fuel efficiency 

compliance be conducted in compliance 

with all airworthiness regulations that 

apply to the airplane. 

D. Exemptions (§ 38.5) 

In accordance with 42 U.S.C. 7572, 49 

CFR 1.83(a)(6) and (c), and 49 U.S.C. 

44701(f), the FAA may issue exemptions 

from its regulations when such 

exemption would be in the public 

interest. Section 38.5 states that 

petitions for exemption from any 

requirement in part 38 be submitted in 

accordance with 14 CFR part 11. In 

addition, this section notes that the FAA 

would consult with the EPA on any 

request for exemption from the 

regulations of part 38. This process is 

the same as that followed when the FAA 

considers petitions for exemption from 

the engine emissions standards 

promulgated by the EPA under 40 CFR 

part 87, and by the FAA in 14 CFR part 

34. 

E. Fuel Efficiency Metric (§ 38.11) 

The fuel efficiency of an airplane is 

determined by the amount of fuel it uses 

to travel a certain distance under 

prescribed conditions. This measure is 

the fuel efficiency metric (FEM). For 

each airplane subject to part 38 

(including an airplane subject to the 

change criteria of § 38.19), § 38.11 

would require an FEM value to be 

calculated using an equation identical to 

the one adopted by the EPA in 40 CFR 

1030.20. As described in § 38.11, the 

two primary components of the FEM to 

be certificated are the specific air range 


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(SAR) (described in § 38.13) and the 

reference geometric factor (RGF) 

(described in § 38.15). SAR is a familiar 

aeronautical parameter used in the 

aviation industry to represent the 

distance an airplane can travel per unit 

of fuel consumed. It measures the 

instantaneous fuel efficiency of an 

airplane at any point during stable 

cruise flight. The RGF is a 

representation of airplane fuselage size 

based on productivity or load carrying 

capability. The RGF parameter is based 

on the floor area of pressurized space in 

an airplane, and is flexible enough to 

account for single or multi-deck 

airplanes. Dividing SAR by RGF results 

in a universal equation to denote the 

fuel efficiency of any airplane regardless 

of size. This is the FEM. 

F. Fuel Efficiency Regulatory Limits 

(§ 38.17) 

Section 38.17 incorporates as fuel 

efficiency limits the emission standards 

adopted by the EPA in 40 CFR 1030.30. 

Airplanes subject to part 38 would be 

required to demonstrate that the FEM 

value does not exceed the fuel efficiency 

limits in § 38.17. Using the applicable 

provision in § 38.1, the fuel efficiency 

limit is calculated using the airplane’s 

MTOM and the equations listed in the 

last column of the table in § 38.17(b). An 

airplane’s FEM value may not exceed 

the maximum FEM value calculated 

using the fuel efficiency limits in this 

rule. 

For the airplanes omitted from the 

applicability section in the EPA 

regulations (jet airplanes with a 

maximum passenger seating capacity of 

19 or fewer seats and a MTOM greater 

than 60,000kg, and for which 

application for original type 

certification is submitted on or after 

January 11, 2021), the standard 

associated with the airplane’s MTOM is 

applied rather than its seating capacity, 

which is consistent with the ICAO 

standard. These airplanes would carry 

the applicability in § 38.1(a)(1) and 

would be required to meet the fuel 

efficiency limits in § 38.17(b)(3) and (4). 

G. Change Criteria (§ 38.19) 

The third occasion at which the fuel 

efficiency requirement would apply is at 

the time certain modifications are made. 

Section 38.19 would adopt the EPA 

airplane change criteria of 40 CFR 

1030.35. Airplanes routinely have 

modifications incorporated into their 

designs. A modification may change the 

compliance status of an airplane under 

part 38, regardless of whether it was 

required to demonstrate compliance 

with part 38 at the time of certification. 

The modifications affecting compliance 

are described by the change criteria in 

§ 38.19. The requirements differ 

depending on whether an airplane has 

demonstrated compliance (at 

certification) before a modification is 

made, or for an airplane that was type 

certificated before January 11, 2021, and 

was not required to demonstrate 

compliance. 

First, if an airplane that was 

previously certificated for fuel 

efficiency under part 38 undergoes a 

modification that increases its MTOM, 

the applicant must demonstrate 

compliance with the applicable fuel 

efficiency limit of § 38.17, regardless of 

whether there is a change in the 

airplane’s FEM value. 

If the MTOM of a modified airplane 

is not increased, the applicant must 

show compliance with part 38 if the 

FEM value of the airplane increases by 

more than the criteria specified in 

§ 38.19(a)(2). For example, the addition 

of a satellite antenna on top of the 

fuselage of an airplane with a MTOM of 

60,000 kg may not affect the airplane’s 

MTOM, but may adversely affect the 

airplane’s FEM value by increasing drag. 

If this 60,000kg MTOM modified 

airplane shows an increase of FEM 

value of more than 0.75% (as calculated 

under § 38.19(a)(2)), the applicant 

would need to demonstrate compliance 

with the fuel efficiency limit that was 

established for the prior version of the 

airplane. 

If the FEM value of the modified 

airplane increases by less than 0.75%, 

no new demonstration of compliance 

would be required. When no 

demonstration of compliance is 

required, the applicant may choose to 

use the FEM value of the unmodified 

version of the airplane under § 38.19(b), 

or it may choose to establish a new FEM 

value. 

Second, as provided in § 38.1(a)(4) or 

(5), if a modification is made to an 

airplane not previously certificated for 

fuel efficiency, it may be subject to the 

requirements of part 38 depending upon 

the effect of the modification on the 

FEM value. Section 38.19(c) requires 

that if a modified airplane has an 

increase in FEM value of more than 

1.5% over the unmodified version, the 

applicant must demonstrate compliance 

with the fuel efficiency limit of § 38.17. 

The fuel efficiency limits for these 

airplanes are shown in § 38.17(b)(5) 

through (8). These change criteria apply 

to airplanes for which an application for 

the modification in type design is 

submitted on or after January 1, 2023. 

Finally, § 38.1(a)(6) and (7), which 

require that all covered airplanes 

produced after January 1, 2028, 

demonstrate compliance with the fuel 

efficiency standard (regardless of when 

the airplane model was originally type 

certificated), effectively limit to five 

years the applicability of the 2023 

provisions established in § 38.1(a)(4) 

and (5). For aircraft that were not 

required to demonstrate compliance 

with the standard at certification, the 

effective period of the change criteria 

trigger for compliance is January 1, 

2023, to December 31, 2027. For aircraft 

that have been previously required to 

demonstrate compliance with the 

standard at type certification or 

production, the change criteria of 

§ 38.19 would continue to apply. 

Examples of the limits on allowable 

changes after modification are 

illustrated in Figure 1, Changes to FEM 

following modification. 

The example on the left of the chart 

is for an airplane that was type 

certificated before January 11, 2021 (Inproduction limit/hashed line with 

applicable regulations noted), that was 

not required to demonstrate compliance 

with part 38. The dot on the chart 

represents the airplane before the 

modification in question. An airplane 

that is modified complies with part 38 

if it stays below the hashed line (the 

triangle), even if the FEM is higher than 

the unmodified airplane. If the 

modification results in an FEM above 

the hashed line (the square), the 

modified airplane would not be 

compliant with part 38 and would not 

be issued an airworthiness certificate. 

The example illustrates a concurrent 

increase in MTOM, which may not 

occur. 

The example on the right is for an 

airplane type certificated after January 

11, 2021, that has demonstrated 

compliance with part 38 at type 

certification (solid line, with applicable 

regulations noted). The result is the 

same, with a modified airplane being 

required to stay below the limit line for 

new airplane types (denoted by the 

triangle relative to the solid regulatory 

line). The illustration emphasizes the 

fact that airplanes produced under a 

new type certificate (subject to the solid 

line) do not become ‘‘in-production’’ 

airplanes that may use the higher FEM 

limit (the square) when produced after 

initial part 38 certification. The 

designation of ‘‘in-production’’ versus 

‘‘new airplane type’’ under the change 

criteria is established as of January 11, 

2021, not the date of individual airplane 

production, and the FEM limit (line) for 

modified airplanes does not change 

afterwards. 


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H. Approval Before Compliance Testing 

(§ 38.21) 

Section 38.21 would require FAA 

approval of all procedures, weights, 

configurations, and other information 

that are necessary to calculate the fuel 

efficiency metric value of an airplane. 

Such approvals are necessary to ensure 

the airplane configuration and fuel 

efficiency certification procedures are 

established and remain unchanged 

before fuel efficiency compliance tests 

are actually conducted. This section 

would not be applied to data submitted 

for validation following fuel efficiency 

certification by another authority. 

I. Manual Information and Limitations 

(§ 38.23) 

The final section of part 38 would 

require that the fuel efficiency metric 

value of the airplane, along with other 

part 38 compliance information, must 

be placed in an FAA-approved section 

of the flight manual of the airplane. 

Inclusion of this information in the 

approved airplane flight manual would 

provide owners, operators, and flight 

crew with information regarding the 

airplane’s compliance with part 38. The 

FAA also proposes to require that if a 

weight less than the MTOM is used for 

fuel efficiency certification, then that 

lower weight becomes an operating 

limitation for that airplane and must be 

included in the operating limitations 

section of the flight manual. Operators 

may not exceed the weight at which 

compliance with part 38 was 

demonstrated, even if that weight is 

lower than the MTOM for the airplane 

under other airworthiness requirements. 

J. Appendix A to Part 38 

Appendix A to part 38 provides the 

technical detail needed to determine the 

fuel efficiency metric value of an 

airplane required to demonstrate 

compliance with part 38. The primary 

sources of the information contained in 

the appendix are Sections 2.5 and 2.6 of 

ICAO Annex 16, Volume III, including 

appendices 1 and 2 to that volume. The 

FAA is not proposing the incorporation 

by reference of Volume III. Instead, part 

38 was drafted to include the material 

from Volume III using current U.S. 

certification terminology, format, and 

references. 

Appendix A details the processes and 

procedures to be used when measuring 

an airplane for fuel efficiency. To 

comply with part 38, a certification 

applicant would need to determine the 

core elements of the fuel efficiency 

metric, specifically the specific air range 

and reference geometric factor. The 

specifications for the flight tests to 

gather airplane performance data are 

provided in this appendix, as well as 

the formulas to be used to determine 

specific air range and the reference 

geometric factor from the data gathered 

during testing. The appendix also 

describes the certification data that 

would be submitted to the FAA in the 

certification test report that is a part of 

fuel efficiency certification. 

K. Other Revisions to 14 CFR 

This proposal sets forth several 

amendments to part 21 to include 

compliance with part 38 as a 

requirement for type, supplemental 

type, or airworthiness certification using 

the applicability described in § 38.1. 

The proposed amendments to part 21 

include references to proposed part 38 

in §§ 21.5, 21.17, 21.29, 21.31, 21.93, 

21.115, 21.183, and 21.187. 

While revising the text for part 21 to 

include references to proposed part 38, 

an error was discovered in § 21.187. The 

text of § 21.187(c) should have been 

designated as paragraph (a)(3) because 

the applicability of part 34 needs the 

introductory text of paragraph (a) to be 

read correctly. This rule proposes to 

move and redesignate § 21.187(c) as 

§ 21.187(a)(3), with the requirement to 

comply with part 38 added as 

§ 21.187(a)(4). 

This proposed rule includes 

amendments to the operating 

regulations for airplanes subject to part 

38. Revisions to §§ 121.141 and 125.75 

are included to add the certification 

information for fuel efficiency to the 

airplane flight manuals for airplanes 

subject to part 38. 

III. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

executive orders and other 

requirements. First, Executive Order 

12866 and Executive Order 13563 direct 

that each Federal agency shall propose 

or adopt a regulation only upon a 


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3The EPA also conducted its own analysis and 

found that manufacturers will comply with the 

ICAO standards in the absence of U.S. regulations. 

4The EPA adopted the same emission standard as 

ICAO; manufacturers would have to comply with 

the national emission standard of another country, 

usually based on the ICAO standard, in order to sell 

its airplanes there. 

5Small Business Administration (SBA). 2019. 

Table of Size Standards. Effective August 12, 2019. 

https://www.sba.gov/document/support--table-sizestandards. 

reasoned determination that the benefits 

of the intended regulation justify the 

costs. Second, the Regulatory Flexibility 

Act of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. Fourth, 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4) requires agencies 

to prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

(adjusted annually for inflation) in any 

one year. The current threshold after 

adjustment for inflation is $158,000,000, 

using the most current (2020) Implicit 

Price Deflator for the Gross Domestic 

Product. The FAA has provided a 

detailed Regulatory Impact Analysis 

(RIA) in the docket for this rulemaking. 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. 

In conducting these analyses, the FAA 

has determined that this rule: will result 

in benefits that justify costs; is not a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866; will not have a significant 

economic impact on a substantial 

number of small entities; will not create 

unnecessary obstacles to the foreign 

commerce of the United States; and will 

not impose an unfunded mandate on 

State, local, or tribal governments, or on 

the private sector. 

A. Regulatory Impact Analysis 

The FAA identified three U.S. 

manufacturers that would be affected by 

the proposed rule. Manufacturers will 

incur certification costs even in the 

absence of the proposed rule since they 

would pursue certification with foreign 

authorities.3 Certification tasks will vary 

greatly depending on the stage of the 

airplane development process (e.g., new 

type certificate, supplemental type 

certificate). Additionally, the first fuel 

efficiency certification project 

undertaken by any one manufacturer 

may require more resources because of 

the new processes and the need for new 

data generation. The FAA used 

information provided by the affected 

airplane manufacturers to construct a 

timeline of when these costs would be 

incurred over the next 10 years (starting 

in 2022), and the cost savings from 

domestic certification enabled by the 

proposed rule. 

Because the EPA standard applies to 

airplanes certificated in the United 

States even in the absence of the 

proposed rule, there are no incremental 

benefits associated with the FAA’s 

action; however, the proposed rule will 

result in cost savings by enabling U.S. 

manufacturers to certificate to the EPA 

standard 4 rather than the requirements 

of a foreign authority. Annualized costs 

savings may be approximately $0.4 

million using discount rates of 3 percent 

and 7 percent (a present value over 10 

years of $3.12 million to $2.6 million, 

using discount rates of 3 percent and 7 

percent, respectively). For more details, 

see the Regulatory Impact Analysis 

(RIA) for this proposed rule, which has 

been placed in the rule docket. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980, Public Law 96–354, 94 Stat. 

1164 (5 U.S.C. 601–612), as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121, 110 Stat. 857, Mar. 29, 

1996) and the Small Business Jobs Act 

of 2010 (Pub. L. 111–240, 124 Stat. 2504 

Sept. 27, 2010), requires Federal 

agencies to consider the effects of the 

regulatory action on small business and 

other small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

As described in the RIA, the FAA 

identified three U.S. manufacturers that 

would be affected by the proposed rule. 

Based on the Small Business 

Administration (SBA) size standard for 

aircraft manufacturing (Table 1), all 

three manufacturers are large 

businesses. If an agency determines that 

a rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

section 605(b) of the RFA. Therefore, as 

provided in section 605(b) and based on 

the foregoing, the head of FAA certifies 

that this rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities. 

The FAA welcomes comments on the 

basis for this certification. 

TABLE 2—SMALL BUSINESS SIZE

STANDARDS: AIR TRANSPORTATION

NAICS 

code Description Size standard 

336411 ... Aircraft manufacturing .... 1,500 employees. 

Source: SBA (2019).5

NAICS = North American Industrial Classification 

System. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the potential 

effects of this rule and finds that it does 

not create an unnecessary obstacle to 

foreign commerce. The United States 

has adopted the same airplane emission 

standard as ICAO and many of its 

member States. This proposed rule is 

the next step in insuring compliance 

with the internationally recognized 

standard. 

D. Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) governs 

the issuance of Federal regulations that 

require unfunded mandates. An 

unfunded mandate is a regulation that 

requires a State, local, or tribal 

government or the private sector to 

incur direct costs without the Federal 

Government having first provided the 

funds to pay those costs. The FAA 

determined that the proposed rule will 

not result in the expenditure of 

$158,000,000 or more by State, local, or 

tribal governments, in the aggregate, or 

the private sector, in any one year. 


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E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

This action contains the following 

proposed new information collection 

requirement. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

these proposed information collection 

amendments to OMB for its review. 

Summary: The proposed regulations, 

adding a new part 38 to 14 CFR that 

requires certification for fuel efficiency, 

includes a collection of data from 

certification applicants. Certain data 

collected by the respondent during its 

certification flight tests are to be 

included in a certification test report 

that is submitted to the FAA. Those data 

are described in appendix A to part 38. 

The information in the test report is 

used by the agency to determine 

whether the subject airplane complies 

with the fuel efficiency requirements 

promulgated by the EPA and the FAA. 

Without such information, the FAA 

would not have the complete record of 

an airplane’s fuel efficiency 

performance and would be unable to 

issue a type or airworthiness certificate. 

Use: Respondent’s data will be used 

to determine compliance with the fuel 

efficiency standards established by the 

EPA under the requirements of the 

Clean Air Act. The FAA is required by 

the CAA to implement those standards, 

which is done at the time of aircraft 

certification. 

Respondent’s test data will not be 

maintained by the FAA following a 

certification determination. The 

certification test report is not available 

to the public. The regulation also 

requires that certain values be listed in 

the flight manual of the airplane, which 

is given to the purchaser of an airplane. 

Respondents (including number of): 

The FAA anticipates three respondents 

to the collection of information. 

Frequency: The FAA anticipates that 

respondents will provide responses 

annually (averaged). 

Annual Burden Estimate: Table 1 

provides the FAA’s estimates of annual 

reporting (submittal of certification 

data) and recordkeeping (manual 

information) burden. 

TABLE 1—SUMMARY OF ANNUAL

BURDEN

Category Reporting Recordkeeping 

# of respondents ............. 3 3 

# of responses per respondent ...................... 2 2 

Time per response 

(hours) ......................... 2 8 

Total # of responses ....... 5 5 

Total burden (hours) ....... 9 36 

The agency is soliciting comments 

to— 

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of collecting 

information on those who are to 

respond, including by using appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Individuals and organizations may 

send comments on the information 

collection requirement to the address 

listed in the ADDRESSES section at the 

beginning of this preamble by August 

15, 2022. Comments also should be 

submitted to the Office of Management 

and Budget, Office of Information and 

Regulatory Affairs, Attention: Desk 

Officer for FAA, New Executive 

Building, Room 10202, 725 17th Street 

NW, Washington, DC 20053. 

F. International Compatibility and 

Cooperation Act 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no substantive 

differences with these proposed 

regulations. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6f for regulations and 

involves no extraordinary 

circumstances. 

H. DOT Order 2100.6A—Rulemaking 

and Guidance Procedures 

On June 7, 2021, the Department of 

Transportation issued Order 2100.6A, 

Rulemaking & Guidance Procedures, 

calling for identification of topics that 

are ‘‘reasonably anticipated to be related 

to a major program, policy, or activity of 

the Department or a high-profile issue 

pending for decision before the 

Department; involve one of the 

Secretary’s top policy priorities; or to 

garner significant press or congressional 

attention.’’ Reducing the impacts of 

climate change is considered a major 

policy goal of the current 

administration. This proposed rule 

addresses the certification of fuel 

efficiency for subsonic, civil airplanes 

and addresses a portion of the role that 

civil aviation plays in climate change. 

Airplanes emit CO2, a greenhouse gas, 

as they burn fuel. This proposed rule 

would require the measurement of the 

fuel efficiency of an airplane as a tool 

for assessing the continued output of 

CO2 from airplanes and informing future 

standards limiting CO2 emissions. 

IV. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order (E.O.) 13132, 

Federalism. The agency has determined 

that this action would not have a 

substantial direct effect on the States, or 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

would not have federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this proposed rule 

under E.O. 13211, Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use 

(May 18, 2001). The agency has 

determined that it would not be a 

‘‘significant energy action’’ under the 

executive order and would not be likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy. 

C. Executive Order 13609, International 

Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation 


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(77 FR 26413, May 4, 2012), promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policy and agency 

responsibilities of E.O. 13609. The 

agency has determined that this action 

would eliminate differences between 

U.S. aviation standards and those of 

other civil aviation authorities by 

adopting the airplane certification 

regulations needed to comply with the 

standards adopted by ICAO and the U.S. 

EPA. 

V. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the proposals in this document. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, commenters 

should send only one copy of written 

comments, or if comments are filed 

electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to this NPRM contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

NPRM, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission containing CBI as 

‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to the person listed in 

FOR FURTHER INFORMATION CONTACT

above. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

internet by— 

1. Searching the Federal eRulemaking 

Portal at www.regulations.gov; 

2. Visiting the FAA’s Regulations and 

Policies web page at www.faa.gov/ 

regulations_policies; or 

3. Accessing the Government Printing 

Office’s web page at www.govinfo.gov. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

List of Subjects 

14 CFR Part 21 

Aircraft, Aviation safety, Exports, 

Imports, Reporting and recordkeeping 

requirements. 

14 CFR Part 38 

Air pollution control, Aircraft. 

14 CFR Part 121 

Air carriers, Aircraft, Airmen, 

Aviation safety, Charter flights, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

14 CFR Part 125 

Aircraft, Airmen, Aviation safety, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend chapter I of title 14, 

Code of Federal Regulations as follows: 

PART 21—CERTIFICATION 

PROCEDURES FOR PRODUCTS AND 

ARTICLES 

■ 1. The authority citation for part 21 

continues to read as follows: 

Authority: 42 U.S.C. 7572; 49 U.S.C. 

106(f), 106(g), 40105, 40113, 44701–44702, 

44704, 44707, 44709, 44711, 44713, 44715, 

45303. 

■ 2. Amend § 21.5 by adding paragraph 

(b)(3) to read as follows: 

§ 21.5 Airplane or Rotorcraft Flight 

Manual. 

* * * * * 

(b) * * * 

(3) Documentation of compliance 

with part 38 of this chapter, in an FAAapproved section of any approved 

airplane flight manual. Such material 

must include the fuel efficiency metric 

value as calculated under § 38.11 of this 

chapter, and the specific paragraph of 

§ 38.17 of this chapter with which 

compliance has been shown for that 

airplane. 

■ 3. Amend § 21.17 by revising the 

introductory text of paragraph (a) to 

read as follows: 

§ 21.17 Designation of applicable 

regulations. 

(a) Except as provided in §§ 25.2, 

27.2, and 29.2 of this subchapter, and in 

parts 26, 34, 36, and 38 of this 

subchapter, an applicant for a type 

certificate must show that the aircraft, 

aircraft engine, or propeller concerned 

meets— 

* * * * * 

■ 4. Amend § 21.29 by revising 

paragraphs (a)(1)(i) and (b) to read as 

follows: 

§ 21.29 Issue of type certificate: import 

products. 

(a) * * * 

(1) * * * 

(i) The applicable aircraft noise, fuel 

venting and exhaust emissions, and fuel 

efficiency requirements of this 

subchapter as designated in § 21.17, or 

the applicable aircraft noise, fuel 

venting and exhaust emissions, and fuel 

efficiency requirements of the State of 

Design, and any other requirements the 

FAA may prescribe to provide noise, 

fuel venting and exhaust emission, and 

fuel efficiency levels no greater than 

those provided by the applicable aircraft 

noise, fuel venting and exhaust 

emissions, and fuel efficiency 

requirements of this subchapter as 

designated in § 21.17; and 

* * * * * 

(b) A product type certificated under 

this section is determined to be 

compliant with the fuel venting and 


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exhaust emission standards of part 34 of 

this subchapter, the noise standards of 

part 36 of this subchapter, and the fuel 

efficiency requirements of part 38 of this 

subchapter. Compliance with parts 34, 

36, and 38 of this subchapter is certified 

under paragraph (a)(1)(i) of this section, 

and the applicable airworthiness 

standards of this subchapter, or an 

equivalent level of safety, with which 

compliance is certified under paragraph 

(a)(1)(ii) of this section. 

■ 5. Amend § 21.31 by revising 

paragraph (e) to read as follows: 

§ 21.31 Type design. 

* * * * * 

(e) Any other data necessary to allow, 

by comparison, the determination of the 

airworthiness, noise characteristics, fuel 

efficiency, fuel venting, and exhaust 

emissions (where applicable) of later 

products of the same type. 

■ 6. Amend § 21.93 by adding paragraph 

(d) to read as follows: 

§ 21.93 Classification of changes in type 

design. 

* * * * * 

(d) For the purpose of maintaining 

compliance with part 38 of this chapter, 

any voluntary change in the type design 

of an airplane that may increase the fuel 

efficiency metric value of that airplane 

is a ‘‘fuel efficiency change’’, in addition 

to being a minor or major change as 

classified in paragraph (a) of this 

section. 

■ 7. Amend § 21.101 by revising 

paragraph (a) to read as follows: 

§ 21.101 Designation of applicable 

regulations. 

(a) An applicant for a change to a type 

certificate must show that the change 

and areas affected by the change comply 

with the airworthiness requirements 

applicable to the category of the product 

in effect on the date of the application 

for the change and with parts 34, 36, 

and 38 of this chapter. Exceptions are 

detailed in paragraphs (b) and (c) of this 

section. 

* * * * * 

■ 8. Amend § 21.115 by revising 

paragraph (a) to read as follows: 

§ 21.115 Applicable requirements. 

(a) Each applicant for a supplemental 

type certificate must show that the 

altered product meets applicable 

requirements specified in § 21.101 

and— 

(1) In the case of an acoustical change 

described in § 21.93(b), show 

compliance with the applicable noise 

requirements of part 36 of this chapter; 

(2) In the case of an emissions change 

described in § 21.93(c), show 

compliance with the applicable fuel 

venting and exhaust emissions 

requirements of part 34 of this chapter; 

and 

(3) In the case of a fuel efficiency 

change described in § 21.93(d), show 

compliance with the applicable fuel 

efficiency requirements of part 38 of this 

chapter. 

* * * * * 

■ 9. Amend § 21.183 by adding reserved 

paragraph (i) and paragraph (j) to read 

as follows: 

§ 21.183 Issue of standard airworthiness 

certificates for normal, utility, acrobatic, 

commuter, and transport category aircraft; 

manned free balloons; and special classes 

of aircraft. 

* * * * * 

(j) Fuel efficiency requirements. No 

original standard airworthiness 

certificate may be issued under this 

section unless the applicant has 

demonstrated that the type design 

complies with the applicable fuel 

efficiency requirements of part 38 of this 

chapter. 

■ 10. Amend § 21.187 by revising 

paragraph (a) to read as follows: 

§ 21.187 Issue of multiple airworthiness 

certification. 

(a) An applicant for an airworthiness 

certificate in the restricted category, and 

in one or more other categories except 

primary category, is entitled to the 

certificate, if— 

(1) He shows compliance with the 

requirements for each category, when 

the aircraft is in the configuration for 

that category; 

(2) He shows that the aircraft can be 

converted from one category to another 

by removing or adding equipment by 

simple mechanical means; 

(3) The aircraft complies with the 

applicable requirements of part 34 of 

this subchapter; and 

(4) The airplane complies with the 

applicable requirements of part 38 of 

this subchapter. 

* * * * * 

■ 11. Add part 38 to read as follows: 

PART 38—AIRPLANE FUEL 

EFFICIENCY CERTIFICATION 

Subpart A—General 

Sec. 

38.1 Applicability. 

38.3 Definitions. 

38.4 Compatibility with airworthiness 

requirements. 

38.5 Exemptions. 

38.7 [Reserved] 

38.9 Relationship to other regulations. 

Subpart B—Determining Fuel Efficiency for 

Subsonic Airplanes 

Sec. 

38.11 Fuel efficiency metric. 

38.13 Specific air range. 

38.15 Reference geometric factor. 

38.17 Fuel efficiency limits. 

38.19 Change criteria. 

38.21 Approval before compliance testing. 

38.23 Manual information and limitations. 

Appendix A to Part 38—Determination of 

Airplane Fuel Efficiency Metric Value 

Authority: 42 U.S.C. 4321 et seq., 7572; 49 

U.S.C. 106(g), 40113, 44701–44702, 44704; 49 

CFR 1.83(c). 

Subpart A—General 

§ 38.1 Applicability. 

(a) Except as provided in paragraph 

(c) of this section, an airplane that is 

subject to the requirements of 40 CFR 

part 1030 may not exceed the fuel 

efficiency limits of this part when 

original type certification under this 

title is sought. This part applies to the 

following airplanes: 

(1) A subsonic jet airplane that has— 

(i) A type-certificated maximum 

passenger seating capacity of 20 seats or 

more, and 

(ii) A maximum takeoff mass (MTOM) 

greater than 5,700 kg, and 

(iii) An application for original type 

certification that is submitted on or after 

January 11, 2021, or 

(iv) A type-certificated maximum 

passenger seating capacity of 19 seats or 

fewer, and 

(v) A MTOM greater than 60,000 kg, 

and 

(vi) An application for original type 

certification that is submitted on or after 

January 11, 2021. 

(2) A subsonic jet airplane that has— 

(i) A type-certificated maximum 

passenger seating capacity of 19 seats or 

fewer, 

(ii) A MTOM greater than 5,700 kg, 

but not greater than 60,000 kg, and 

(iii) An application for original type 

certification that is submitted on or after 

January 1, 2023. 

(3) A propeller-driven airplane that 

has— 

(i) A MTOM greater than 8,618 kg, 

and 

(ii) An application for original type 

certification that is submitted on or after 

January 11, 2021. 

(4) A subsonic jet airplane— 

(i) That is a modified version of an 

airplane whose type design was not 

certificated under this part, 

(ii) That has a MTOM greater than 

5,700 kg, 

(iii) For which an application for the 

modification in type design is submitted 

on or after January 1, 2023, and 

(iv) For which the first certificate of 

airworthiness is issued for an airplane 

built with the modified type design. 

(5) A propeller-driven airplane— 


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(i) That is a modified version of an 

airplane whose type design was not 

certificated under this part, 

(ii) That has a MTOM greater than 

8,618 kg, 

(iii) For which an application for 

modification in type design is submitted 

on or after January 1, 2023, and 

(iv) For which the first certificate of 

airworthiness is issued for an airplane 

built with the modified type design. 

(6) A subsonic jet airplane that has— 

(i) A MTOM greater than 5,700 kg, 

and 

(ii) Its first certificate of airworthiness 

issued on or after January 1, 2028. 

(7) A propeller-driven airplane that 

has— 

(i) A MTOM greater than 8,618 kg, 

and 

(ii) Its first certificate of airworthiness 

issued on or after January 1, 2028. 

(b) The requirements of this part 

apply to an airplane that incorporates a 

modification that changes the fuel 

efficiency metric value of a prior version 

of that airplane. A modified airplane 

may not exceed the applicable fuel 

efficiency limit of this part when 

certification under this chapter is 

sought. The criteria for modified 

airplanes are described in § 38.19. A 

modified airplane is subject to the same 

fuel efficiency limit of § 38.17 as the 

prior version of the airplane. 

(c) The requirements of this part do 

not apply to: 

(1) Subsonic jet airplanes having a 

MTOM at or below 5,700 kg. 

(2) Propeller-driven airplanes having 

a MTOM at or below 8,618 kg. 

(3) Amphibious airplanes. 

(4) Airplanes initially designed, or 

modified and used, for specialized 

operations. These airplane designs may 

include characteristics or configurations 

necessary to conduct specialized 

operations that the United States 

Environmental Protection Agency (EPA) 

and the FAA have determined may 

cause a significant increase in the fuel 

efficiency metric value. 

(5) Airplanes designed with a 

reference geometric factor of zero. 

(6) Airplanes designed for, or 

modified and used for, firefighting. 

(7) Airplanes powered by 

reciprocating engines. 

§ 38.3 Definitions. 

For the purpose of showing 

compliance with this part, the following 

terms have the specified meanings: 

Amphibious airplane means an 

airplane that is capable of takeoff and 

landing on both land and water. Such 

an airplane uses its hull or floats 

attached to the landing gear for takeoff 

and landing on water, and either 

extendable or fixed landing gear for 

takeoff and landing on land. 

ICAO Annex 16, Volume III means 

Volume III of Annex 16 to the 

Convention on International Civil 

Aviation. 

Maximum takeoff mass (MTOM) is 

the maximum allowable takeoff mass as 

stated in the approved certification basis 

for an airplane type design. Maximum 

takeoff mass is expressed in kilograms. 

Performance model is an analytical 

tool (or a method) validated using 

corrected flight test data that can be 

used to determine the specific air range 

values for calculating the fuel efficiency 

metric value. 

Reference geometric factor (RGF) is a 

non-dimensional number derived from a 

two-dimensional projection of the 

fuselage. 

Specific air range (SAR) is the 

distance an airplane travels per unit of 

fuel consumed. Specific air range is 

expressed in kilometers per kilogram of 

fuel. 

Subsonic means an airplane that has 

not been certificated under this title to 

exceed Mach 1 in normal operation. 

Type certificated maximum passenger 

seating capacity means the maximum 

number of passenger seats that may be 

installed on an airplane as listed on its 

type certificate data sheet, regardless of 

the actual number of seats installed on 

an individual airplane. 

§ 38.4 Compatibility with airworthiness 

requirements. 

Unless otherwise approved by the 

FAA, an airplane used to demonstrate 

compliance with this part must meet all 

of the airworthiness requirements of this 

chapter required to establish the type 

certification basis of the airplane, for 

any condition under which compliance 

with this part is being demonstrated. 

Any procedure used to demonstrate 

compliance, and any flight crew 

information developed for 

demonstrating compliance with this 

part, must be consistent with the 

airworthiness requirements of this 

chapter that constitute the type 

certification basis of the airplane. 

§ 38.5 Exemptions. 

A petition for exemption from any 

requirement of this part must be 

submitted to the Administrator in 

accordance with and meet the 

requirements of part 11 of this chapter. 

The FAA will consult with the EPA on 

each exemption petition before taking 

action. 

§ 38.7 [Reserved] 

§ 38.9 Relationship to other regulations. 

In accordance with certain provision 

of the Clean Air Act Amendments of 

1970 (CAA) (42 U.S.C. 7571 et seq.), the 

United States Environmental Protection 

Agency (EPA) is authorized to set 

standards for aircraft engine emissions 

in the United States, while the FAA is 

authorized to insure compliance with 

those standards under a delegation from 

the Secretary of Transportation (49 CFR 

1.47). The fuel efficiency limits in 

§ 38.17 are intended to be the same as 

that promulgated by the EPA in 40 CFR 

part 1030. Accordingly, if the EPA 

changes any regulation in 40 CFR part 

1030 that corresponds with a regulation 

in this part, a certification applicant 

may request a waiver of those 

provisions as they appear in this part in 

order to comply with part 1030. In 

addition, unless otherwise specified in 

this part, all terminology and 

abbreviations in this part that are 

defined in 40 CFR part 1030 have the 

meaning specified in part 1030. 

Subpart B—Determining Fuel 

Efficiency for Subsonic Airplanes 

§ 38.11 Fuel efficiency metric. 

For each airplane subject to this part, 

or to determine whether a modification 

makes an airplane subject to this part 

under the change criteria of § 38.19, a 

fuel efficiency metric value must be 

calculated, using the following 

equation, rounded to three decimal 

places: 

Where: The SAR is determined in accordance with 

§ 38.13, and the RGF is determined in 

accordance with § 38.15. The fuel 

efficiency metric value is expressed in 

units of kilograms of fuel consumed per 

kilometer. 


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§ 38.13 Specific air range. 

(a) For each airplane subject to this 

part, the SAR of an airplane must be 

determined by either: 

(1) Direct flight test measurements. 

(2) Using a performance model that is: 

(i) Validated by actual SAR flight test 

data; and 

(ii) Approved by the FAA before any 

SAR calculations are made. 

(b) For the airplane model, establish 

a 1/SAR value at each of the following 

reference airplane masses: 

(1) High gross mass: 92 percent 

MTOM. 

(2) Low gross mass: (0.45 * MTOM) + 

(0.63 * (MTOM∧0.924)). 

(3) Mid gross mass: simple arithmetic 

average of high gross mass and low 

gross mass. 

(c) To obtain (1/SAR)avg as required to 

determine the fuel efficiency metric 

value described in § 38.11, calculate the 

average of the three 1/SAR values 

described in paragraph (b) of this 

section. Do not include auxiliary power 

units in any 1/SAR calculation. 

(d) All determinations made under 

this section must be made in accordance 

with the procedures applicable to SAR 

as described in appendix A to this part. 

§ 38.15 Reference geometric factor. 

For each airplane subject to this part, 

determine the airplane’s nondimensional RGF for the fuselage size of 

each airplane model, calculated as 

follows: 

(a) For an airplane with a single deck, 

determine the area of a surface 

(expressed in m∧2) bounded by the 

maximum width of the fuselage outer 

mold line projected to a flat plane 

parallel with the main deck floor and 

the forward and aft pressure bulkheads 

except for the crew cockpit zone. 

(b) For an airplane with more than 

one deck, determine the sum of the 

areas (expressed in m∧2) as follows: 

(1) The maximum width of the 

fuselage outer mold line, projected to a 

flat plane parallel with the main deck 

floor by the forward and aft pressure 

bulkheads except for any crew cockpit 

zone. 

(2) The maximum width of the 

fuselage outer mold line at or above 

each other deck floor, projected to a flat 

plane parallel with the additional deck 

floor by the forward and aft pressure 

bulkheads except for any crew cockpit 

zone. 

(c) Determine the non-dimensional 

RGF by dividing the area defined in 

paragraph (a) or (b) of this section by 1 

m∧2. 

(d) All measurements and 

calculations used to determine the RGF 

of an airplane must be made in 

accordance with the procedures for 

determining RGF in section A38.3 of 

appendix A to this part. 

§ 38.17 Fuel efficiency limits. 

(a) The fuel efficiency limits in this 

section are expressed as maximum 

permitted fuel efficiency metric values, 

as calculated under § 38.11. 

(b) The fuel efficiency metric value of 

an airplane subject to this part may not 

exceed the following, rounded to three 

decimal places: 

For airplanes described in . . . With a MTOM . . . The maximum permitted fuel efficiency metric value is . . . 

(1) Section 38.1(a)(1) and (2) ......... 5,700 < MTOM ≤ 60,000 kg .......... 10 (¥2.73780∂(0.681310*log10(MTOM))∂(¥0.0277861*(log10(MTOM))∧2)). 

(2) Section 38.1(a)(3) ...................... 8,618 < MTOM ≤ 60,000 kg .......... 10 (¥2.73780∂(0.681310*log10(MTOM))∂(¥0.0277861*(log10(MTOM))∧2)). 

(3) Section 38.1(a)(1) and (3) ......... 60,000 < MTOM ≤ 70,395 kg ........ 0.764. 

(4) Section 38.1(a)(1) and (3) ......... MTOM > 70,395 kg ....................... 10 (¥1.412742∂(¥0.020517*log10(MTOM))∂(0.0593831*(log10(MTOM))∧2)). 

(5) Section 38.1(a)(4) and (6) ......... 5,700 < MTOM ≤ 60,000 kg .......... 10 (¥2.57535∂(0.609766*log10(MTOM))∂(¥0.0191302*(log10(MTOM))∧2)). 

(6) Section 38.1(a)(5) and (7) ......... 8,618 < MTOM ≤ 60,000 kg .......... 10 (¥2.57535∂(0.609766*log10(MTOM))∂(¥0.0191302*(log10(MTOM))∧2)). 

(7) Section 38.1(a)(4) through (7) ... 60,000 < MTOM ≤ 70,107 kg ........ 0.797. 

(8) Section 38.1(a)(4) through (7) ... MTOM > 70,107 kg ....................... 10 (¥1.39353∂(¥0.020517*log10(MTOM))∂(0.0593831*(log10(MTOM))∧2)). 

§ 38.19 Change criteria. 

(a) For an airplane that has been 

shown to comply with § 38.17, any 

subsequent version of that airplane must 

demonstrate compliance with § 38.17 if 

the subsequent version incorporates a 

modification that either increases: 

(1) The maximum takeoff mass; or 

(2) The fuel efficiency metric value by 

more than: 

(i) For airplanes with a MTOM greater 

than or equal to 5,700 kg, the value 

decreases linearly from 1.35 to 0.75 

percent for an airplane with a MTOM of 

60,000 kg. 

(ii) For airplanes with a MTOM 

greater than or equal to 60,000 kg, the 

value decreases linearly from 0.75 to 

0.70 percent for airplanes with a MTOM 

of 600,000 kg. 

(iii) For airplanes with a MTOM 

greater than or equal to 600,000 kg, the 

value is 0.70 percent. 

(b) For an airplane that has been 

shown to comply with § 38.17, and for 

any subsequent version of that airplane 

that incorporates modifications that do 

not increase the MTOM or the fuel 

efficiency metric value in excess of the 

levels shown in this paragraph (b), the 

fuel efficiency metric value of the 

modified airplane may be reported to be 

the same as the value of the prior 

version. 

(c) For an airplane that meets the 

criteria of § 38.1(a)(4) or (5), on or after 

January 1, 2023, and before January 1, 

2028, the airplane must demonstrate 

compliance with § 38.17 if it 

incorporates any modification that 

increases the fuel efficiency metric 

value by more than 1.5 percent from the 

prior version of the airplane. 

§ 38.21 Approval before compliance 

testing. 

All procedures, weights, 

configurations, and other information or 

data that are used to establish a fuel 

efficiency level required by this part or 

in any appendix to this part (including 

any equivalent procedures) must be 

approved by the FAA prior to use in 

certification tests intended to 

demonstrate compliance with this part. 

§ 38.23 Manual information and 

limitations. 

(a) Information in manuals. The 

following information must be included 

in any FAA-approved section of a FAAapproved Airplane Flight Manual or 

combination of approved manual 

material: 

(1) Fuel efficiency level established 

during type certification; and 

(2) Maximum takeoff mass at which 

fuel efficiency level was established. 

(b) Limitation. If the fuel efficiency of 

an airplane is established at a weight 

(mass) that is less than the maximum 

certificated takeoff weight (mass) used 

to establish the airworthiness of the 

airplane under this chapter, the lower 

weight (mass) becomes an operating 

limitation of the airplane and that 

limitation must be included in the 

limitations section of any FAAapproved manual. 

Appendix A to Part 38—Determination 

of Airplane Fuel Efficiency Metric 

Value 

Sec. 

A38.1 Introduction 


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A38.2 Reference Specifications for SAR 

Flight Tests 

A38.3 Determination of Reference 

Geometric Factor (RGF) 

A38.4 Certification Test Specifications 

A38.5 Measurement of Specific Air Range 

A38.6 Submission of Certification Data to 

the FAA 

A38.1 Introduction 

A38.1.1 This appendix describes the 

processes and procedures for determining the 

fuel efficiency metric value for an airplane 

subject to this part. 

A38.1.2 Methods for Determining Specific 

Air Range (SAR) 

A38.1.2.1 SAR may be determined by 

either— 

A38.1.2.1.1 Direct flight test 

measurement at the SAR test points, 

including any corrections of test data to 

reference specifications; or 

A38.1.2.1.2 Use of a performance model. 

A38.1.2.2 For any determination made 

under section A38.1.2.1.1 of this appendix, 

the SAR flight test data must have been 

acquired in accordance with the procedures 

defined in this appendix and approved by 

the FAA. 

A38.1.2.3 For any determination made 

under section A38.1.2.1.2 of this appendix, 

the performance model must: 

A38.1.2.3.1 Be verified that the model 

produces the values that are the same as 

FAA-approved SAR flight test data. 

A38.1.2.3.2 Include a detailed description 

of any test and analysis method and any 

algorithm used so as to allow evaluation by 

the FAA; and 

A38.1.2.3.4 Be approved by the FAA 

before use. 

A38.2 Reference Specifications for SAR 

Flight Tests 

A38.2.1 The following reference 

specifications must be established when 

determining SAR values for an airplane. No 

reference specification may exceed any 

airworthiness limit approved for the airplane 

under this chapter. See section A38.5 of this 

appendix for further information. 

A38.2.1.1 Reference specifications at the 

airplane level: 

A38.2.1.1.1 Airplane at the reference 

masses listed in § 38.13(b); 

A38.2.1.1.2 A combination of altitude 

and airspeed selected by the applicant; 

A38.2.1.1.3 Airplane in steady, 

unaccelerating, straight and level flight; 

A38.2.1.1.4 Airplane in longitudinal and 

lateral trim; 

A38.2.1.1.5 Airplane gravitational 

acceleration when travelling in the direction 

of true North in still air at the reference 

altitude and a geodetic latitude of 45.5 

degrees, based on g0 (g0 is 9.80665 m/s2, 

which is the standard acceleration due to 

gravity at sea level and a geodetic latitude of 

45.5 degrees); 

A38.2.1.1.6 A reference airplane center of 

gravity (CG) position selected by the 

applicant to be representative of a mid-CG 

point relevant to design cruise performance 

at each of the three reference airplane 

masses; and 

A38.2.1.1.7 A wing structural loading 

condition defined by the applicant that is 

representative of operations conducted in 

accordance with the airplane’s maximum 

payload capability. 

A38.2.1.2 Reference specifications at the 

engine level: 

A38.2.1.2.1 Electrical and mechanical 

power extraction and bleed flow relevant to 

design cruise performance, as selected by the 

applicant; 

Note.—Power extraction and bleed flow 

attributable to the use of optional equipment 

such as passenger entertainment systems 

need not be included. 

A38.2.1.2.2 Engine stability bleeds 

operating according to the manufacturer’s 

normal schedule for the engine; and 

A38.2.1.2.3 Engines with at least 15 

cycles or 50 engine flight hours. 

A38.2.1.3 Other reference specifications: 

A38.2.1.3.1 ICAO standard day 

atmosphere (Doc 7488/3, 3rd edition 1993, 

titled ‘‘Manual of the ICAO Standard 

Atmosphere (extended to 80 kilometres (262 

500 feet))’’) 

A38.2.1.3.2 Fuel lower heating value 

equal to 43.217 MJ/kg (18 580 BTU/lb); 

A38.2.2 If any test conditions are not the 

same as the reference specifications of this 

appendix, the test conditions must be 

corrected to the reference specifications as 

described in section A38.5 of this appendix. 

A38.3 Determination of Reference 

Geometric Factor (RGF) 

A38.3.1 This section provides additional 

information for determining the RGF, as 

required by § 38.15. 

A38.3.2 The area that defines RGF 

includes all pressurized space on a single or 

multiple decks including aisles, assist spaces, 

passageways, stairwells and areas that can 

accommodate cargo or auxiliary fuel 

containers. It does not include permanent 

integrated fuel tanks within the cabin, or any 

unpressurized fairings, crew rest or work 

areas, or cargo areas that are not on the main 

or upper deck (e.g., ‘loft’ or under floor 

areas). RGF does not include the cockpit 

crew zone. 

A38.3.3 The aft boundary to be used for 

calculating RGF is the aft pressure bulkhead. 

The forward boundary is the forward 

pressure bulkhead, not including the cockpit 

crew zone. 

A38.3.4 Areas that are accessible to both 

crew and passengers are not considered part 

of the cockpit crew zone. For an airplane that 

has a cockpit door, the aft boundary of the 

cockpit crew zone is the plane of the cockpit 

door. For an airplane that has no cockpit 

door, or has optional interior configurations 

that include different locations of the cockpit 

door, the aft boundary is determined by the 

configuration that provides the smallest 

available cockpit crew zone. For airplanes 

certificated for single-pilot operation, the 

cockpit crew zone is measured as half the 

width of the cockpit. 

A38.3.5 Figures A38–1 and A38–2 of this 

appendix provide a notional view of the RGF 

boundary conditions. 

BILLING CODE 4910–13–P 


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BILLING CODE 4910–13–C 

A38.4 Certification Test Specifications 

A38.4.1 Certification Test Specifications. 

This section prescribes the specifications 

under which an applicant must conduct SAR 

certification tests. 

A38.4.2 Flight Test Procedures 

A38.4.2.1 Before a Test Flight. The test 

flight procedures must include the following 

elements and must be approved by the FAA 

before any test flight is conducted: 

A38.4.2.1.1 Airplane conformity. The test 

airplane must conform to the critical 

configuration of the type design for which 

certification is sought. 

A38.4.2.1.2 Airplane weight. The weight 

and balance of the test airplane must be 

established prior to the test flight, including 

any changes in weight that occur after the 

airplane is weighed and before the flight is 

conducted. 

A38.4.2.1.3 Fuel. The fuel used for each 

flight test must meet the specification 

defined in either ASTM D1655–15 (entitled 

‘‘Standard Specification for Aviation Turbine 

Fuels’’), Defense Standard 91–91, Issue 7, 

Amendment 3 (entitled ‘‘Turbine Fuel, 

Kerosene Type, Jet A–1’’), or as approved by 

FAA. 

A38.4.2.1.4 Fuel lower heating value. The 

lower heating value of the fuel used on a test 

flight must be determined from a sample of 

fuel used for the test flight. The lower heating 

value of the fuel sample must be used to 

correct measured data to reference 

specifications. The determination of lower 

heating value and the correction to reference 

specifications are subject to approval by the 

FAA. 

A38.4.2.1.4.1 The fuel lower heating 

value may be determined in accordance with 

ASTM specification D4809–13 ‘‘Standard 

Test Method for Heat of Combustion of 

Liquid Hydrocarbon Fuels by Bomb 

Calorimeter (Precision Method)’’, or as 

approved by the FAA. 

A38.4.2.1.4.2 The fuel sample may be 

representative of the fuel used for each flight 

test and may not have variations. 

A38.4.2.1.5 Fuel specific gravity and 

viscosity. When volumetric fuel flow meters 

are used, the specific gravity and viscosity of 

the fuel used on a test flight must be 

determined from a sample of fuel used for the 

test flight. 

A38.4.2.1.5.1 The fuel specific gravity 

may be determined in accordance with 

ASTM specification D4052–11 ‘‘Standard 

Test Method for Density and Relative Density 

of Liquids by Digital Density Meter’’, or as 

approved by FAA. 

A38.4.2.1.5.2 The fuel kinematic 

viscosity may be determined in accordance 

with ASTM specification D445–15 (entitled 

‘‘Standard Test Method for Kinematic 

Viscosity of Transparent and Opaque Liquids 

(and Calculation of Dynamic Viscosity)’’), or 

as approved by FAA. 

A38.4.2.2 Flight Test Configurations and 

Test Condition Stability. An applicant must 

conduct each flight test in accordance with 

the flight test configurations and the stability 

conditions as follows: 

A38.4.2.2.1 Flight Test Configuration. 

The following configurations must be 

maintained during each flight used to gather 

data for determining SAR values: 

A38.4.2.2.1.1 To the extent that is 

practicable, the airplane is flown at constant 

pressure altitude and constant heading along 

isobars; 

A38.4.2.2.1.2 The engine thrust/power 

setting is stable for unaccelerating level 

flight; 

A38.4.2.2.1.3 The airplane is flown as 

close as practicable to the reference 

specifications to minimize the magnitude of 

any correction; 

A38.4.2.2.1.4 There are no changes in 

trim or engine power/thrust settings, engine 

stability and handling bleeds, or electrical 

and mechanical power extraction (including 

bleed flow); and 

A38.4.2.2.1.5 There is no unnecessary 

movement of on-board personnel. 

A38.4.2.2.2 Test Condition Stability. To 

obtain a valid SAR measurement, the 

following conditions must be maintained 

during each test flight, including the 

indicated tolerances for at least 1 minute 

while SAR data is acquired: 

A38.4.2.2.2.1 Mach number within 

±0.005; 

A38.4.2.2.2.2 Ambient temperature 

within ±1 °C; 

A38.4.2.2.2.3 Heading within ±3 degrees; 

A38.4.2.2.2.4 Track within ±3 degrees; 

A38.4.2.2.2.5 Drift angle less than 3 

degrees; 

A38.4.2.2.2.6 Ground speed within ±3.7 

km/h (±2 kt); 

A38.4.2.2.2.7 Difference in ground speed 

at the beginning of the SAR measurement 

from the ground speed at the end of the SAR 

measurement within ±2.8 km/h/min (±1.5 kt/ 

min); and 

A38.4.2.2.2.8 Pressure altitude within 

±23 m (±75 ft). 

A38.4.2.2.3 Alternatives to the stable test 

condition criteria of section A38.4.2.2.2 of 

this appendix may be used provided that 

stability is sufficiently demonstrated to the 

FAA. 

A38.4.2.2.4 Data obtained at test points 

that do not meet the stability criteria of 

section A38.4.2.2.2 may be acceptable as an 

equivalent procedure, subject to FAA 

approval. 

A38.4.2.2.5 SAR measurements at the test 

points must be separated by either: 

A38.4.2.2.5.1 Two minutes; or 

A38.4.2.2.5.2 An exceedance of one or 

more of the stability criteria limits described 

in A38.4.2.2.2. 

A38.4.2.3 Verification of Airplane Mass at 

Test Conditions 

A38.4.2.3.1 The procedure for 

determining the mass of the airplane at each 

test condition must be approved by the FAA. 

A38.4.2.3.2 The mass of the airplane 

during a flight test is determined by 

subtracting the fuel used from the mass of the 

airplane at the start of the test flight. The 

accuracy of the determination of the fuel 

used must be verified by: 

A38.4.2.3.2.1 Weighing the test airplane 

on calibrated scales before and after the SAR 

test flight; or 

A38.4.2.3.2.2 Weighing the test airplane 

before and after another test flight that 

included a cruise segment, provided that 

flight occurs within one week or 50 flight 

hours (at the option of the applicant) of the 

SAR test flight and using the same, unaltered 

fuel flow meters. 

A38.5 Measurement of Specific Air Range 

A38.5.1 Measurement System 

A38.5.1.1 The following parameters must 

be recorded at a minimum sampling rate of 

1 Hertz (cycle per second): 

A38.5.1.1.1 Airspeed; 

A38.5.1.1.2 Ground speed; 

A38.5.1.1.3 True airspeed; 

A38.5.1.1.4 Fuel flow; 

A38.5.1.1.5 Engine power setting; 

A38.5.1.1.6 Pressure altitude; 

A38.5.1.1.7 Temperature; 

A38.5.1.1.8 Heading; 

A38.5.1.1.9 Track; and 

A38.5.1.1.10 Fuel used (for the 

determination of gross mass and CG 

position). 

A38.5.1.2 The following parameters must 

be recorded: 

A38.5.1.2.1 Latitude; 

A38.5.1.2.2 Engine bleed positions and 

power off-takes; and 

A38.5.1.2.3 Power extraction (electrical 

and mechanical load). 

A38.5.1.3 The value of each parameter 

used for the determination of SAR (except for 

ground speed) is the simple arithmetic 

average of the measured values for that 

parameter obtained throughout the stable test 

condition described in section A38.4.2.2.2 of 

this appendix. 

A38.5.1.4 For ground speed, the value is 

the rate of change of ground speed during the 

SAR test measurement. The rate of change of 

ground speed during the SAR measurement 

must be used to evaluate and correct any 

acceleration or deceleration that might occur 

during the SAR measurement. 

A38.5.1.5 Each measurement device must 

have sufficient resolution to determine that 

the stability of a parameter defined in section 

A38.4.2.2.2 of this appendix is maintained 

during SAR measurement. 

A38.5.1.6 The SAR measurement system 

consists of the combined instruments and 

devices, and any associated procedures, used 

to acquire the following parameters necessary 

to determine SAR: 

A38.5.1.6.1 Fuel flow; 

A38.5.1.6.2 Mach number; 

A38.5.1.6.3 Altitude; 

A38.5.1.6.4 Airplane mass; 

A38.5.1.6.5 Ground speed; 

A38.5.1.6.6 Outside air temperature; 

A38.5.1.6.7 Fuel lower heating value; and 

A38.5.1.6.8 CG. 

A38.5.1.7 The SAR value is affected by 

the accuracy of each element that comprises 

the SAR measurement system. The 

cumulative error associated with the SAR 

measurement system is defined as the root 

sum of squares (RSS) of the individual 

accuracies. 

A38.5.1.8 If the absolute value of the 

cumulative error of the overall SAR 

measurement system is greater than 1.5 

percent, a penalty equal to the amount that 

the RSS value exceeds 1.5 percent must be 

applied to the SAR value that has been 

corrected to reference specifications (see 


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section A38.5.2 of this appendix). If the 

absolute value of the cumulative error of the 

overall SAR measurement system is less than 

or equal to 1.5 percent, no penalty will be 

applied. 

A38.5.2 Calculation of Specific Air Range 

from Measured Data 

A38.5.2.1 Calculating SAR. SAR must be 

calculated using the following equation: SAR 

= TAS/Wf where TAS is the true airspeed 

and Wf is total airplane fuel flow. 

A38.5.2.2 Correcting Measured SAR 

Values to Reference Specifications 

A38.5.2.2.1 The measured SAR values 

must be corrected to the reference 

specifications listed in A38.2 of this 

appendix. Unless otherwise approved by the 

FAA, corrections to reference specifications 

must be applied for each of the following 

measured parameters: 

A38.5.2.2.1.1 Acceleration/deceleration 

(energy). Drag determination is based on an 

assumption of steady, unaccelerating flight. 

Acceleration or deceleration occurring during 

a test condition affects the assessed drag 

level. The reference specification is in 

section A38.2.1.1.3 of this appendix. 

A38.5.2.2.1.2 Aeroelastics. Wing 

aeroelasticity may cause a variation in drag 

as a function of airplane wing mass 

distribution. Airplane wing mass distribution 

will be affected by the fuel load distribution 

in the wings and the presence of any external 

stores. The reference specification is in 

section A38.2.1.1.7 of this appendix. 

A38.5.2.2.1.3 Altitude. The altitude at 

which the airplane is flown affects the fuel 

flow. The reference specification is in section 

A38.2.1.1.2 of this appendix. 

A38.5.2.2.1.4 Apparent gravity. 

Acceleration, caused by the local effect of 

gravity, and inertia, affect the test weight of 

the airplane. The apparent gravity at the test 

conditions varies with latitude, altitude, 

ground speed, and direction of motion 

relative to the Earth’s axis. The reference 

gravitational acceleration is the gravitational 

acceleration for the airplane travelling in the 

direction of true North in still air at the 

reference altitude, a geodetic latitude of 45.5 

degrees, and based on g0 (see section 

A38.2.1.1.5 of this appendix). 

A38.5.2.2.1.5 CG position. The position 

of the airplane CG affects the drag due to 

longitudinal trim. The reference specification 

is in section A38.2.1.1.6 of this appendix. 

A38.5.2.2.1.6 Electrical and mechanical 

power extraction and bleed flow. Electrical 

and mechanical power extraction, and bleed 

flow affect the fuel flow. The reference 

specifications are in sections A38.2.1.2.1 and 

A38.2.1.2.2 of this appendix. 

A38.5.2.2.1.7 Engine deterioration level. 

The requirement in section A38.2.1.2.3 of 

this appendix addresses the minimum 

deterioration of an engine that is used to 

determine SAR. Since engine deterioration is 

rapid when an engine is new, when used for 

SAR determination: 

A38.5.2.2.1.7.1 Subject to FAA approval, 

an engine having less deterioration than the 

reference deterioration level in section 

A38.2.1.2.3 of this appendix must correct the 

fuel flow to the reference deterioration using 

an approved method. 

A38.5.2.2.1.7.2 An engine with greater 

deterioration than the reference deterioration 

level in section A38.2.1.2.3 of this appendix 

may be used, and no correction is permitted. 

A38.5.2.2.1.8 Fuel lower heating value. 

The fuel lower heating value defines the 

energy content of the fuel. The lower heating 

value directly affects the fuel flow at a given 

test condition. The reference specification is 

in section A38.2.1.3.2 of this appendix. 

A38.5.2.2.1.9 Reynolds number. The 

Reynolds number affects airplane drag. For a 

given test condition the Reynolds number is 

a function of the density and viscosity of air 

at the test altitude and temperature. The 

reference Reynolds number is derived from 

the density and viscosity of air from the 

ICAO standard atmosphere at the reference 

altitude (see sections A38.2.1.1.2 and 

A38.2.1.3.1 of this appendix). 

A38.5.2.2.1.10 Temperature. The ambient 

temperature affects the fuel flow. The 

reference temperature is the standard day 

temperature from the ICAO standard 

atmosphere at the reference altitude (see 

section A38.2.1.3.1 of this appendix). 

Note.—Post-flight data analysis includes 

the correction of measured data for data 

acquisition hardware response characteristics 

(e.g. system latency, lag, offset, buffering, 

etc.). 

A38.5.2.2.2 Correction methods are 

subject to the approval of the FAA. 

A38.5.2.3 Using Specific Air Range to 

Determine the Fuel Efficiency Metric Value 

A38.5.2.3.1 Calculate the SAR values for 

each of the three reference masses as 

described in § 38.13, including any 

corrections to reference specifications, as 

required under this part. The final SAR value 

for each reference mass is the simple 

arithmetic average of all valid test points at 

the appropriate gross mass, or derived from 

a validated performance model. No data 

acquired from a valid test point may be 

omitted unless approved by the FAA. 

A38.5.2.3.2 When an FAA-approved 

performance model is used, extrapolations to 

aircraft masses other than those tested may 

be approved when such extrapolations are 

consistent with accepted airworthiness 

practices. Since a performance model must 

be based on data covering an adequate range 

of lift coefficient, Mach number, and thrust 

specific fuel consumption, no extrapolation 

of those parameters is permitted. 

A38.5.3 Validity of Results 

A38.5.3.1 A 90 percent confidence 

interval must be calculated for each of the 

SAR values at the three reference masses. 

A38.5.3.2 If the 90 percent confidence 

interval of the SAR value at any of the three 

reference airplane masses— 

A38.5.3.2.1 Is less than or equal to ±1.5 

percent, the SAR value may be used. 

A38.5.3.2.2 Exceeds ±1.5 percent, a 

penalty equal to the amount that the 90 

percent confidence interval exceeds ±1.5 

percent must be applied to the SAR value, as 

approved by the FAA. 

A38.5.3.3 If clustered data is acquired 

separately for each of the three gross mass 

reference points, the minimum sample size 

acceptable for each of the three gross mass 

SAR values is six. 

A38.5.3.4 If SAR data is collected over a 

range of masses, the minimum sample size is 

12 and the 90 percent confidence interval is 

calculated for the mean regression line 

through the data. 

A38.6 Submission of Certification Data to 

the FAA 

The following information must be 

provided to the FAA in the certification test 

report for each airplane type and model for 

which fuel efficiency certification under this 

part is sought. 

A38.6.1 General Information 

A38.6.1.1 Designation of the airplane 

type and model: 

A38.6.1.2 Configuration of the airplane as 

required in § 38.23(a)(3), including CG range, 

number and type designation of engines and, 

if fitted, propellers, and any modifications or 

non-standard equipment expected to affect 

the fuel efficiency characteristics; 

A38.6.1.3 MTOM used for certification 

under this part; 

A38.6.1.4 All dimensions needed for 

calculation of RGF; and 

A38.6.1.5 Serial number of each airplane 

used to establish fuel efficiency certification 

in accordance with this part. 

A38.6.2 Reference Specifications. The 

reference specifications used to determine 

any SAR value as described in section A38.2 

of this appendix. 

A38.6.3 Test Data. The following 

measured test data, including any corrections 

for instrumentation characteristics, must be 

provided for each of the test measurement 

points used to calculate the SAR values for 

each of the reference masses defined in 

§ 38.13(b): 

A38.6.3.1 Airspeed, ground speed and 

true airspeed; 

A38.6.3.2 Fuel flow; 

A38.6.3.3 Pressure altitude; 

A38.6.3.4 Static air temperature; 

A38.6.3.5 Airplane gross mass and CG for 

each test point; 

A38.6.3.6 Levels of electrical and 

mechanical power extraction and bleed flow; 

A38.6.3.7 Engine performance: 

A38.6.3.7.1 For jet airplanes, engine 

power setting; or 

A38.6.3.7.2 For propeller-driven 

airplanes, shaft horsepower or engine torque, 

and propeller rotational speed; 

A38.6.3.8 Fuel lower heating value; 

A38.6.3.9 When volumetric fuel flow 

meters are used, fuel specific gravity and 

kinematic viscosity (see section A38.5.2.2.1.8 

of this appendix); 

A38.6.3.10 The cumulative error (RSS) of 

the overall measurement system (see section 

A38.5.1.7 of this appendix); 

A38.6.3.11 Heading, track and latitude; 

A38.6.3.12 Stability criteria (see section 

A38.4.2.2.2 of this appendix); and 

A38.6.3.13 Description of the instruments 

and devices used to acquire the data needed 

for the determination of SAR, and the 

individual accuracies of the equipment 

relevant to their effect on SAR (see sections 

A38.5.1.6 and A38.5.1.7 of this appendix). 

A38.6.4 Calculations and Corrections of 

SAR Test Data to Reference Specifications. 

The measured SAR values, corrections to the 

reference specifications and corrected SAR 

values must be provided for each of the test 

measurement points defined in § 38.13(b). 

A38.6.5 Calculated Values. The following 

values must be provided for each airplane 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Proposed Rules 36091 

used to establish fuel efficiency certification 

in accordance with this part: 

A38.6.5.1 SAR (km/kg) for each reference 

airplane mass and the associated 90 percent 

confidence interval; 

A38.6.5.2 Average of the 1/SAR values; 

A38.6.5.3 RGF; and 

A38.6.5.4 Fuel efficiency metric value. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 12. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40119, 41706, 42301 preceding note 

added by Public Law 112–95, sec. 412, 126 

Stat. 89, 44101, 44701–44702, 44705, 44709– 

44711, 44713, 44716–44717, 44722, 44729, 

44732; 46105; Public Law 111–216, 124 Stat. 

2348 (49 U.S.C. 44701 note); Public Law 112– 

95 126 Stat 62 (49 U.S.C. 44732 note). 

■ 13. Amend § 121.141 by revising 

paragraph (b) introductory text to read 

as follows: 

§ 121.141 Airplane flight manual. 

* * * * * 

(b) In each airplane required to have 

an airplane flight manual in paragraph 

(a) of this section, the certificate holder 

shall carry either the manual required 

by § 121.133, if it contains the 

information required for the applicable 

flight manual and this information is 

clearly identified as flight manual 

requirements, or an approved Airplane 

Manual. If the certificate holder elects to 

carry the manual required by § 121.133, 

the certificate holder must revise the 

operating procedures sections and 

modify the presentation of performance 

data, except for the information required 

by § 38.23 of this chapter identifying 

compliance with the fuel efficiency 

requirements of part 38 of this chapter, 

from the applicable flight manual if the 

revised operating procedures and 

modified performance data presentation 

are— 

* * * * * 

PART 125—CERTIFICATION AND 

OPERATIONS: AIRPLANES HAVING A 

SEATING CAPACITY OF 20 OR MORE 

PASSENGERS OR A MAXIMUM 

PAYLOAD CAPACITY OF 6,000 

POUNDS OR MORE; AND RULES 

GOVERNING PERSONS ON BOARD 

SUCH AIRCRAFT 

■ 14. The authority citation for part 125 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701–44702, 44705, 44710–44711, 44713, 

44716–44717, 44722. 

■ 15. Amend § 125.75 by revising 

paragraph (b) to read as follows: 

§ 125.75 Airplane flight manual. 

* * * * * 

(b) Each certificate holder shall carry 

the approved Airplane Flight Manual or 

the approved equivalent aboard each 

airplane it operates. A certificate holder 

may elect to carry a combination of the 

manuals required by this section and 

§ 125.71. If it so elects, the certificate 

holder may revise the operating 

procedures sections and modify the 

presentation of performance from the 

applicable Airplane Flight Manual if the 

revised operating procedures and 

modified performance data presentation 

are approved by the Administrator. Any 

approved equivalent must include the 

information required by § 38.23 of this 

chapter identifying compliance with the 

fuel efficiency requirements of part 38 

of this chapter. 

Issued under authority provided in 42 

U.S.C 4321 et seq., 7572, 49 U.S.C. 106(f), 

40113, 44701–44702, 44703, and 44704 in 

Washington, DC. 

Kevin Welsh, 

Executive Director, Office of Environment and 

Energy. 

[FR Doc. 2022–11556 Filed 6–14–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 220608–0131] 

RIN 0691–AA91 

International Services Surveys: 

Renewal of and Changes to BE–120 

Benchmark Survey of Transactions in 

Selected Services and Intellectual 

Property With Foreign Persons, and 

Clarifying When BE–140 and BE–180 

Benchmark Surveys Are Conducted 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

amend regulations of the Department of 

Commerce’s Bureau of Economic 

Analysis (BEA) to renew reporting 

requirements for the BE–120 Benchmark 

Survey of Transactions in Selected 

Services and Intellectual Property with 

Foreign Persons. This proposed rule 

would also amend the regulations for 

BEA’s two other international services 

benchmark surveys, the BE–140 

Benchmark Survey of Insurance 

Transactions by U.S. Insurance 

Companies with Foreign Persons and 

the BE–180 Benchmark Survey of 

Financial Services Transactions 

between U.S. Financial Services 

Providers and Foreign Persons, to clarify 

when the surveys will be conducted. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before August 15, 2022. 

ADDRESSES: You can submit comments, 

identified by RIN 0691–AA91, and 

referencing the agency name (Bureau of 

Economic Analysis), by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

For Keyword or ID, enter ‘‘EAB–2022– 

0002.’’ 

• Email: christopher.stein@bea.gov. 

• Mail: Christopher Stein, Chief, 

Services Surveys Branch (BE–50), 

Balance of Payments Division, Bureau of 

Economic Analysis, U.S. Department of 

Commerce, 4600 Silver Hill Rd., 

Washington, DC 20233. 

• Hand Delivery/Courier: Christopher 

Stein, Chief, Services Surveys Branch 

(BE–50), Balance of Payments Division, 

Bureau of Economic Analysis, U.S. 

Department of Commerce, 4600 Silver 

Hill Rd., Suitland, MD 20746. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in the proposed 

rule should be sent to both BEA through 

any of the methods above and to the 

Office of Management and Budget 

(OMB) by submitting comments at 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review’’ or by using the search function 

and entering the title of the collection. 

Public Inspection: All comments 

received are a part of the public record 

and will generally be posted to https:// 

www.regulations.gov without change. 

Personal identifying information 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. BEA will accept 

anonymous comments (enter N/A in 

required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Christopher Stein, Chief, Services 

Surveys Branch (BE–50), Balance of 

Payments Division, Bureau of Economic 

Analysis, U.S. Department of 

Commerce, 4600 Silver Hill Rd., 

Washington, DC 20233; email 

christopher.stein@bea.gov or phone 

(301) 278–9189. 

SUPPLEMENTARY INFORMATION: The BE– 

120 Benchmark Survey of Transactions 

in Selected Services and Intellectual 

Property with Foreign Persons is a 


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