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

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Aviation Administration</SUBAGY> <CFR>14 CFR Part 34</CFR> <DEPDOC>[Docket No.: FAA-2023-2434; Amdt. No. 34-7]</DEPDOC> <RIN>RIN 2120-AL83</RIN> <SUBJECT>Control of Non-Volatile Particulate Matter From Aircraft Engines: Emission Standards and Test Procedures</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Aviation Administration (FAA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This action adopts standards for measuring non-volatile particulate matter (nvPM) exhaust emissions from aircraft engines. With this rulemaking, the FAA implements the nvPM emissions standards adopted by the Environmental Protection Agency (EPA), allowing manufacturers to certificate engines to the new nvPM emissions standards in the United States, and fulfilling the statutory obligations of the FAA under the Clean Air Act. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective May 24, 2024. The incorporation by reference of a certain publication listed in this rule is approved by the Director of the Federal Register as of May 24, 2024. The incorporation by reference of a certain other publication listed in this rule was approved by the Director of the Federal Register as of December 31, 2012 (77 FR 76842). Comments on this rule must be received by June 24, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may send comments identified by docket number using any of the following methods: • <E T="03">Federal eRulemaking Portal:</E> Go to <E T="03">www.regulations.gov</E> and follow the online instructions for sending your comments electronically. • <E T="03">Mail:</E> 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. • <E T="03">Hand Delivery or Courier:</E> 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. • <E T="03">Fax:</E> Fax comments to Docket Operations at 202-493-2251. <E T="03">Privacy:</E> 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 <E T="03">www.regulations.gov,</E> as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at <E T="03">www.dot.gov/privacy.</E> <E T="03">Docket:</E> Background documents or comments received may be read at <E T="03">www.regulations.gov</E> at any time. Follow the online instructions for accessing the docket or visit 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For technical questions concerning this action, contact Ralph Iovinelli, Office of Environment and Energy (AEE-300), Federal Aviation Administration, 800 Independence Ave SW, Washington DC 20591; telephone (202) 267-3566; email <E T="03">Ralph.Iovinelli@faa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Authority for This Rulemaking</HD> 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 Clean Air Act Amendments of 1970, title 42 of the United States Code, Chapter 85, Subchapter II, part B, Section 7572, grant the Secretary of Transportation the authority to ensure compliance with aviation emission standards adopted by the United States EPA. Further, 49 CFR 1.83(c) delegates to the FAA Administrator the authority to “[C]arry out the functions vested in the Secretary by part B of title II of the Clean Air Act.” This rulemaking adopts regulations to enforce the standards adopted by the EPA under its authority in the Clean Air Act (the Act) in 40 CFR part 1031 at the time of aircraft certification to control certain emissions from airplane engines. This rulemaking is issued under 42 U.S.C. 7572 and 49 CFR 1.83(c). <HD SOURCE="HD1">Good Cause Statement</HD> Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553) requires Federal agencies to publish a notice of proposed rulemaking unless “. . . the agency for good cause finds (and incorporates the finding in a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impractical, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. This rule adopts the procedures necessary for the FAA to implement the regulatory emissions limits and test requirements (together referred to as standards) for nvPM emitted by aircraft engines adopted by the EPA under 42 U.S.C. 7571 (sec. 231 of the Act) (87 FR 72312, November 23, 2022) that were effective December 31, 2022. These standards are set forth in 40 CFR part 1031. The FAA is statutorily required ( <E T="03">see</E> 42 U.S.C. 7572 (sec. 232 of the Act)) to incorporate the EPA's nvPM emissions standards into its regulations (14 CFR part 34) and apply the regulatory requirements that will allow applicants to demonstrate compliance with the emissions standards at the time of engine airworthiness certification. The FAA has no authority to alter the standards (emission limits and test requirements) adopted by the EPA for engine emissions in 40 CFR part 1031. The emission standards adopted by the EPA in 40 CFR part 1031 represent the results of widely coordinated international efforts and public notice and comment rulemaking. The FAA, EPA, industry representatives, and foreign certification authorities all participated in a multi-year process that resulted in the nvPM standards adopted by the International Civil Aviation Organization (ICAO), which the EPA thereafter prescribed in 40 CFR part 1031. Because the FAA has no authority to change any of the standards adopted by the EPA, a solicitation of comments will not result in any substantive changes to the standards and would unnecessarily delay their implementation. Accordingly, the FAA finds that notice and comment on the standards and procedures adopted in this rulemaking is unnecessary because the FAA does not have authority to make changes to the standards or procedures adopted by the EPA and the EPA issued its proposed rule for notice and sought public comment on these standards and test procedures prior to promulgating them on November 23, 2022. Therefore, FAA finds that good cause exists under 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for comment because such procedures are unnecessary. Although the FAA has no authority to change any of the emission standards or procedures adopted by the EPA in accordance with the Act, the FAA is requesting comment from interested parties regarding the parts of this rulemaking that adopt the certification regulations in 14 CFR part 34 and implement them at the time of aircraft engine certification. The FAA will review and consider any comments received. Notice of any action the FAA takes as a result of a comment will be published in the <E T="04">Federal Register</E> . <HD SOURCE="HD1">Comments Invited</HD> The FAA encourages interested persons to participate in this rulemaking by submitting written comments containing relevant information, data, or views. The FAA also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from the adoption of these requirements. While the FAA cannot amend the substance of the rule based on comments, it may take them under advisement for future actions. The FAA will consider comments received on or before the closing date for comments. The FAA will also consider late filed comments to the extent practicable. See section VII., “How to Obtain Additional Information,” for information on how to comment on this final rule and how the FAA will handle comments received. That section also contains related information about the docket, privacy, and the handling of proprietary or confidential business information. In addition, there is information on obtaining copies of related rulemaking documents. <HD SOURCE="HD1">I. Executive Summary</HD> This rulemaking adopts the regulations necessary for the Federal Aviation Administration (FAA) to implement the Environmental Protection Agency's (EPA) new aircraft engine emissions standards and certification test procedures for non-volatile particulate matter (nvPM) that were effective December 23, 2022. <SU>1</SU> <FTREF/> The nvPM standards replace the historical smoke number (SN) requirements for certain larger aircraft engines and create new standards to address nvPM <E T="52">mass</E> and nvPM <E T="52">number</E> . <FTNT> <SU>1</SU>  87 FR 72312—Control of Air Pollution From Aircraft Engines: Emission Standards and Test Procedures. </FTNT> Since the EPA and FAA share the authority for aircraft engine emission standards under the Clean Air Act (the Act), <SU>2</SU> <FTREF/> this action modifies 14 CFR part 34 (part 34) by adopting maximum nvPM mass concentration (nvPM <E T="52">MC</E> ) as the standard that addresses emissions plume invisibility, limits for nvPM <E T="52">MC</E> , and limits for nvPM mass (nvPM <E T="52">mass</E> ) and nvPM number (nvPM <E T="52">num</E> ), for certain classes of subsonic turbofan engine emissions. 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