In announcing the proposed rule, the FAA stated that it is an important component of its U.S. Aviation Climate Plan, which “sets out to achieve net-zero greenhouse gas emissions from the U.S. aviation sector by 2050.” Secretary Buttigieg stated that the proposed rule “is an important step forward in reducing the amount of greenhouse gas emissions released by our nation’s airplanes and ultimately reaching President Biden’s ambitious goal of net-zero emissions by 2050.” According to the FAA’s press release, the emission standard included in the proposed rulemaking measures fuel efficiency and consumption against reductions in carbon dioxide. The FAA also indicated that the proposed rule “accommodates a wide variety of fuel efficient measures when manufacturing planes, including improvements to aerodynamics, engine propulsion efficiency and reductions in an aircraft’s empty mass before loading.”
Aviation is increasingly viewed as a significant contributor to greenhouse gas emissions, with civil aircraft being responsible for approximately “ten percent of domestic transportation emissions and three percent of total U.S. greenhouse gas emissions.” According to the FAA, the proposed rule is consistent with carbon dioxide emission standards promulgated by the United Nations’ International Civil Aviation Organization and regulations issued by the U.S. Environmental Protection Agency in connection with implementing those standards. Industry observers indicated that the rule is intended to cover both domestic greenhouse gas emissions and to “ensure that American-built aircraft and engines can continue to fly globally.” The proposed rule, which can be found here, will remain open for public comment until August 15, 2022. We intend to monitor comments regarding the proposal and may publish additional commentary as and when developments warrant.
