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

4,316 words·~20 min read·/register/2024/11/25/2024-27390·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2024-11-25.xml --- 89 227 Monday, November 25, 2024 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Dietary Saturated Fat Replacement and Plasma Lipid and Cardiovascular Events, 92932-92935 2024-27488 Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Social, Economic, and Environmental Accountability Mechanism Complaint Submission Form, 92884 2024-27465 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 92935-92937 2024-27468 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Price Discovery and Competition in Markets for Fed Cattle, 92853 2024-27556 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92884-92886 2024-27543 2024-27544 2024-27582 AIRFORCE Air Force Department NOTICES Adoption of Categorical Exclusions under the National Environmental Policy Act, 92911-92914 2024-27545 Performance Review Board Members, 92910-92911 2024-27567 Animal Animal and Plant Health Inspection Service NOTICES Imports:

Fruit from New Zealand, Deregulation of Light Brown Apple Moth, 92887-92888 2024-27563 Privacy Act; Systems of Records, 92886-92887 2024-27530 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92937-92939 2024-27467 2024-27469 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92939-92941 2024-27490 2024-27522 Central Central Intelligence Agency NOTICES Privacy Act;

Systems of Records, 92891-92892 2024-26134 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Services Provided to Unaccompanied Children, 92941-92943 2024-27505 Coast Guard Coast Guard RULES Electronic Submission of Mariner Course Completion Data, 93040-93140 2024-24271 Regulated Navigation Area: Cuyahoga River, Cleveland, OH, 92804-92808 2024-27557 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 92909-92910 2024-27549 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clearing Exemption for Swaps between Certain Affiliated Entities, 92908-92909 2024-27550 Defense Department Defense Department See Air Force Department NOTICES Hearings, Meetings, Proceedings, etc.: Defense Advisory Committee on Military Personnel Testing, 92914-92915 2024-27546 Education Department Education Department NOTICES Applications for New Awards:

Office of Indian Education Formula Grants to Local Educational Agencies, 92915-92920 2024-27532 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Test Procedure for General Service Lamps, 92855-92868 2024-26693 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Weatherization Assistance Program, 92920-92921 2024-27523 Environmental Protection Environmental Protection Agency RULES Finding of Failure to Attain and Reclassification:

St. Louis, MO Area as Serious for the 2015 Ozone National Ambient Air Quality Standards, 92816-92821 2024-27382 Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Various Fragrance Components in Pesticide Formulations, 92821-92830 2024-27450 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Los Angeles-South Coast Air Basin; 189(d) Plan for the 2006 24-Hour PM2.5 NAAQS, 92873-92881 2024-27517 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Drug Testing for Contractor Employees, 92928 2024-27521 Export Import Export-Import Bank NOTICES Additionality Guidance and Checklist for Medium and Long-Term Transactions, 92928-92929 2024-27519 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Austin, TX, 92792-92793 2024-27486 Airworthiness Directives: Safran Helicopter Engines, S.A. (Type Certificate Previously Held by Turbomeca S.A.), 92789-92792 2024-27641 Control of Non-Volatile Particulate Matter from Aircraft Engines:

Emission Standards and Test Procedures, 92787-92789 2024-27390 PROPOSED RULES Airspace Designations and Reporting Points: Alaska, AK, 92871 2024-27377 Jack Northrop Field/Hawthorne Municipal Airport, Hawthorne, CA, 92869-92870 2024-27379 Torrance Airport, Torrance, CA, 92871-92873 2024-27378 Federal Communications Federal Communications Commission RULES Connect America Fund, Alaska Connect Fund, Eligible Telecommunication Carrier Annual Reports and Certifications, Telecommunications Carriers Eligible to Receive Universal Service Support, Universal Service Reform—Mobility Fund, 92846-92847 2024-27481 Jurisdictional Separations and Referral to the Federal-State Joint Board, 92840-92845 2024-27480 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 92929-92931 2024-27548 2024-27558 2024-27559 Hearings, Meetings, Proceedings, etc.: Communications Security, Reliability, and Interoperability Council, 92931 2024-27561 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 92948-92953 2024-27539 2024-27540 2024-27541 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92925-92926 2024-27473 Authorization for Continued Project Operation:

Green Mountain Power Corp., 92924-92925 2024-27470 Ketchikan Public Utilities, 92924 2024-27471 Combined Filings, 92921 2024-27584 Petition: Antero Resources Corp., 92925 2024-27472 Records Governing Off-the-Record Communications, 92923-92924 2024-27586 Request for Extension of Time: RH energytrans, LLC, 92927 2024-27578 Revocation of Market-Based Rate Authority and Termination of Electric Market-Based Rate Tariff, 92926 2024-27576 Scoping Period: Texas Connector Pipeline, LLC;

Proposed Texas Connector Amendment Project, 92921-92923 2024-27474 Federal Highway Federal Highway Administration NOTICES Emergency Temporary Closure: Eastbound Traffic on the National Network for the Lewis and Clark Viaduct Bridge in Kansas City, KS and Kansas City, MO, 92995-92996 2024-27482 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 92931-92932 2024-27573 Federal Transit Federal Transit Administration NOTICES Safety Advisory: 24-2;

Street-Running Rail Vehicle Collisions, 92996-92997 2024-27501 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Critical Habitat Designations for Florida Manatee and Antillean Manatee, 92881-92883 2024-27529 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Quantitative Data on Tobacco Products and Communications, 92943-92944 2024-27483 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 93036 2024-27462 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzone:

Wurth Electronics Midcom, Inc., Foreign-Trade Zone 220, Watertown, SD, 92892-92893 2024-27581 Forest Forest Service RULES Law Enforcement; Criminal Prohibitions, 92808-92816 2024-27555 NOTICES Hearings, Meetings, Proceedings, etc.: Central Idaho Resource Advisory Committee, 92890-92891 2024-26485 Newspapers Used for Publication of Legal Notices: Southwestern Region; Arizona, New Mexico, and Parts of Oklahoma and Texas, 92888-92890 2024-27564 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Scientific Integrity Policy, 92830-92840 2024-25810 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 92945-92946 2024-27566 2024-27575 2024-27579 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration RULES Acquisition Regulation: Rescinding Reserve Officer Training Corps and Military Recruiting on Campus Clause, 92847-92849 2024-27631 Homeland Security Acquisition Regulation: Restrictions on Foreign Acquisition Update, 92849-92852 2024-27456 NOTICES Entity List:

Uyghur Forced Labor Prevention Act, 92953-92959 2024-27337 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service RULES Advanced Manufacturing Investment Credit; Correction, 92793-92794 2024-27427 NOTICES Tier 2 Tax Rates, 93036-93037 2024-27487 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Activated Carbon from the People's Republic of China, 92893-92895 2024-27580 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Malaysia;

Correction, 92893 2024-27493 Overhead Door Counterbalance Torsion Springs from the People's Republic of China and India, 92901-92906 2024-27494 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Overhead Door Counterbalance Torsion Springs from the People's Republic of China and India, 92895-92901 2024-27495 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Photodynamic Therapy Systems, Components Thereof, and Pharmaceutical Products Used in Combination with the Same, 92976 2024-27568 Justice Department Justice Department RULES Implementing the Child Pornography Victims Reserve, 92794-92804 2024-26679 Maritime Maritime Administration NOTICES Memorandum of Agreement under the National Historic Preservation Act:

Port of Port Angeles, 92997-92999 2024-27531 National Highway National Highway Traffic Safety Administration NOTICES Motor Vehicle Defect Petitions; Denials, 92999 2024-27526 New Car Assessment Program: Crashworthiness Pedestrian Protection, 93000-93036 2024-27446 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.: National Artificial Intelligence Advisory Committee, 92906 2024-27461 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

Center for Scientific Review, 92946 2024-27535 National Institute of Allergy and Infectious Diseases, 92947-92948 2024-27485 National Institute of Diabetes and Digestive and Kidney Diseases, 92948 2024-27536 National Institute on Alcohol Abuse and Alcoholism, 92946-92947 2024-27534 National Oceanic National Oceanic and Atmospheric Administration NOTICES Taking or Importing of Marine Mammals: Duckabush Estuary Restoration Project in Washington, 92907-92908 2024-27572 Geophysical Surveys;

Oil and Gas Activities in the Gulf of Mexico, 92906-92907 2024-27528 National Park National Park Service NOTICES Inventory Completion: Alabama Department of Archives and History, Montgomery, AL, 92970-92971 2024-27511 Autry Museum of the American West, Los Angeles, CA, 92968-92969, 92973-92974 2024-27515 2024-27516 Illinois State Museum, Springfield, IL, 92969 2024-27507 Michigan State Police, Dimondale, MI, 92962-92963 2024-27502 Sam Noble Museum of Natural History, Norman, OK, 92971-92972 2024-27506 San Bernardino County Museum, Redlands, CA, 92969-92970 2024-27499 The Kikuchi Center at Kaua'i Community College, Lihu'e, HI, 92972-92973 2024-27510 University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 92965-92966 2024-27500 University of Tennessee, Department of Anthropology, Knoxville, TN, 92966-92967 2024-27513 Repatriation of Cultural Items:

Autry Museum of the American West, Los Angeles, CA, 92973 2024-27504 Autry Museum of the American West, Los Angeles, CA, and San Bernardino County Museum, Redlands, CA, 92965 2024-27503 California State University San Bernardino, San Bernardino, CA, 92974-92975 2024-27512 Field Museum, Chicago, IL, 92961-92962 2024-27508 Gilcrease Museum, Tulsa, OK, 92967 2024-27509 Museum of Us, San Diego, CA, 92975-92976 2024-27514 Sonoma State University, Rohnert Park, CA, 92964-92965 2024-27496 University of Alabama at Birmingham, Birmingham, AL, 92963-92964 2024-27497 Western Washington University, Department of Anthropology, Bellingham, WA, 92967-92968 2024-27498 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Technical Specifications for Nuclear Power Reactors, 92853-92855 2024-27422 NOTICES Meetings;

Sunshine Act, 92976-92977 2024-27623 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Questionnaire for Non-Sensitive Positions, 92977-92978 2024-27464 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 92989-92992 2024-27477 LCH SA, 92981-92989 2024-27476 National Securities Clearing Corp., 92978-92981 2024-27478 Small Business Small Business Administration NOTICES Disaster Declaration:

Florida; Public Assistance Only, 92992 2024-27569 Social Social Security Administration NOTICES Social Security Ruling: Acquiescence Ruling and Rescission of Acquiescence Ruling, 92992-92995 2024-27466 State Department State Department NOTICES Waiver of Missile Proliferation Sanction, 92995 2024-27492 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Enhanced Security Procedures at Ronald Reagan Washington National Airport, 92960-92961 2024-27475 Imposition and Collection of Passenger Civil Aviation Security Service Fees, 92960 2024-27587 Law Enforcement Officers Flying Armed Training, 92959-92960 2024-27527 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Veterans Mortgage Life Insurance Change of Address Statement, 93037 2024-27551 Separate Parts In This Issue Part II Homeland Security Department, Coast Guard, 93040-93140 2024-24271 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 227 Monday, November 25, 2024 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 34 [Docket No.:

FAA-2023-2434; Amdt. No. 34-7] RIN 2120-AL83 Control of Non-Volatile Particulate Matter From Aircraft Engines: Emission Standards and Test Procedures AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; confirmation of effective date and response to public comments. SUMMARY: This action confirms the effective date of the final rule published on April 24, 2024, and responds to the comments received on that final rule. The FAA published a correction on May 7, 2024, to the final rule that established a compliance date of 90 days after the effective date.

The rule adopts standards for measuring non-volatile particulate matter

(nvPM)exhaust emissions from aircraft engines. With this rulemaking, the FAA implemented the nvPM emissions standards adopted by the Environmental Protection Agency (EPA), allowing manufacturers to certificate engines to the new nvPM emissions standards in the United States, and fulfilling the statutory obligations of the FAA under the Clean Air Act. DATES: The effective date of the final rule published on April 24, 2024 (89 FR 31078), is confirmed as May 24, 2024. Compliance was required by August 22, 2024. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this action, see “How To Obtain Additional Information” in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Ralph Iovinelli, Office of Environment and Energy (AEE-300), Federal Aviation Administration, 800 Independence Ave. SW, Washington, DC 20591; telephone

(202)267-3566; email *Ralph.Iovinelli@faa.gov.* For legal questions concerning this action, contact Jacob Keohane, Office of the Chief Counsel (AGC-200), Federal Aviation Administration, 800 Independence Ave. SW, Washington, DC 20591; telephone

(202)355-5491; email *jacob.w.keohane@faa.gov.* SUPPLEMENTARY INFORMATION: Background Non-volatile Particulate Matter

(nvPM)is a standard for measuring the amount of solid particles ( *e.g.* soot, *etc.* ) emitted by an aircraft. The Environmental Protection Agency

(EPA)has adopted nvPM-based standards for aircraft engine emissions and certification test procedures to replace the old “Smoke Number”

(SN)standard. 1 On May 24, 2024, the Federal Aviation Administration

(FAA)implemented EPA's nvPM standard in *Control of Non-Volatile Particulate Matter From Aircraft Engines: Emission Standards and Test Procedures* (89 FR 31078). 1 87 FR 72312 (Nov. 23, 2022), *Control of Air Pollution From Aircraft Engines: Emission Standards and Test Procedures.* The FAA was statutorily required ( *see* 42 U.S.C. 7572; Clean Air Act sec. 232) to incorporate the EPA's nvPM emissions standards into its own regulations and apply the regulatory requirements that will allow applicants to demonstrate compliance with the emissions standards at the time of engine airworthiness certification. Because the FAA does not have authority to make changes to the standards or procedures adopted by the EPA, and because the EPA issued its proposed rule for notice and sought public comment on these standards and test procedures prior to promulgating them on November 23, 2022, the FAA published the standards as a final rule with request for comment instead of seeking comment beforehand ( *see* 5 U.S.C. 533(b)(3)(B), outlining the requirements under the Administrative Procedure Act for waiving prior notice and comment in informal rulemaking). In its final rule, the FAA requested comment from interested parties regarding the parts of that rulemaking that adopted the certification regulations in 14 CFR part 34 and implemented them at the time of aircraft engine certification. This document is a response to those comments. Discussion of Comments The FAA received six comments on the rule, addressing several issues. The FAA received comments from five organizations and an individual. Many comments raised the issue of compliance dates. The rule was originally published without a compliance date, but a compliance date of 90 days after the effective date of May 24, 2024, was added to the rule when the FAA published a correction to the final rule on May 7, 2024. 2 A trade association wrote a comment in support of the standard. One commenter raised issues of environmental justice that are out of scope regarding this FAA rulemaking, as the FAA lacks authority to change EPA emissions standards. 2 89 FR 37971 (May 7, 2024), *Control of Non-Volatile Particulate Matter From Aircraft Engines: Emissions Standards and Test Procedures; Correction.* The FAA has determined that no changes to the final rule are necessary based on the comments received. A. Ultrafine Particles and Environmental Justice Issues One commenter suggested that the FAA's Aviation Environmental Design Tool

(AEDT)model include all particulate matter including ultrafine particulates

(UFP)for mass and made additional comments on other various subjects including: EPA addressing environmental justice, EPA certification of engines, EPA technology following regulations, EPA regulation of UFP, limiting engines that may operate at a single location, health analysis for airports, and data input to models. The nvPM standards adopted by the FAA include UFP, which are defined as particles in the atmosphere smaller than 100 nanometers in diameter. Particulate emissions from aircraft engines covered by this rule range from approximately 5 to 40 nanometers

(nm)in diameter. The EPA and FAA worked together to implement nvPM regulations per the Clean Air Act

(CAA)and the United States' responsibilities under the International Civil Aviation Organization

(ICAO)Conventions. The other subjects this commenter raised are beyond the FAA's authority and are addressed in the EPA final rule. 3 3 87 FR 72312 (Nov. 23, 2022), *Control of Air Pollution From Aircraft Engines: Emission Standards and Test Procedures.* B. Purported Change in Emissions Standards One commenter stated that the FAA does not have the authority to change the emissions standards adopted by the EPA. That commenter argued that the FAA “changed the nvPM standard set by the EPA in 40 CFR 1031.140(f)” by adopting thrust (F N ) as the correlating factor instead of the combustor inlet temperature (T 3 ) as adopted by the International Civil Aviation Organization (ICAO). It referenced “Section 4.2.2 of ICAO ETM Doc 9501, Fifth Edition, 2023 and EPA 40 CFR 1031.140(f)” as evidence. The EPA limits are based on thrust, not combustor inlet temperature. *See* 40 CFR 1031.140(f). The EPA limits for nvPM are contained in 40 CFR 1030.60(b), which sets particulate limits in terms of particulate mass per kilonewton (maximum rated thrust output). These regulations do not set T 3 as the correlating factor. Furthermore, in ICAO Annex 16 Volume II, Section 4.2.2, all applicable limits are stated in terms of “maximum rated thrust” not “T 3 ”. In 40 CFR 1031.140(f) of the EPA regulations, only the equipment and procedures of Annex 16 Volume II are incorporated by reference. The regulation states: “Use the equipment and procedures specified in ICAO Appendix 7 and ICAO Appendix 6, as applicable.” There is no mention of any limits in this section. Emissions testing using T 3 is acceptable when an approved thrust vs T 3 correlation curve is available for the engine being tested. C. Showing of Compliance, Foreign Emissions Standards Two commenters made the following identical statement: “Regarding the rule being effective May 24, 2024; this does not provide adequate time to compile, submit, approve, and revise the required FAA paperwork given the multiple engines in production by multiple Aircraft Engine manufacturers feeding into one FAA office.” In addition, the same two commenters also stated concerns about compiling the information required by 14 CFR 34.73(e) for submittal. Although the initial rule did lack an implementation timeframe for manufacturers to show compliance, the FAA subsequently issued an amendment to the rule change, Amendment 7A, that added an implementation requirement time of 90 days after the effectivity date of the rule as 14 CFR 34.25(d). The data reporting requirements shown in § 34.73(e) list the data currently needed to show compliance. This is the same data needed to determine the final approved values for ICAO Annex 16 Volume II. The FAA needs this data to verify the results and conduct appropriate oversight when reviewing submitted reports for approval. Reports showing compliance should include the data used for that showing and how it was obtained. Manufacturers that have already submitted compliance reports to a foreign authority can use data compiled for those reports to show compliance with this requirement. Therefore, the FAA concludes 90 days to be sufficient. In response to Amendment 7A, another commenter stated, “Most engine manufactures have already shown EASA that their in-production aircraft engines meet ICAO CAEP/10 and CAEP/11 nvPM standards equivalent to the nvPM limits described in 14 CFR 34.25 at Amendment 7A.” The commenter requested that the compliance deadline be extended to 240 days after the effectivity date, arguing that, since most manufacturers have already shown EASA that their engines meet ICAO Annex 16 Volume II, an even later deadline to show compliance with the FAA rule would not harm the public. The commenter also stated its perception that this rule amendment was intended to apply to in-production aircraft as well as engines. This rule does not hold up shipment of aircraft, because part 34 applies only to engines, not aircraft. Once the engines were type certificated and shipped, they became valid engines. There is a misperception that this requirement extends to airplane manufacturing as well as engines. The applicability section in 14 CFR 34.25 only considers the manufacturer date of the engines. These requirements are only applicable to engines produced by the engine manufacturer after January 1, 2023. Moreover, as noted above, manufacturers that have already submitted compliance reports to a foreign authority can use data compiled for those reports to show compliance with this requirement. Therefore, the FAA concludes the 90-day deadline to show compliance with this rule to be sufficient. D. 90% Confidence Interval A commenter asked why the FAA included a requirement for a 90% confidence interval at 14 CFR 34.73(d), since this requirement is not included in ICAO Annex 16 Volume II, Appendix 1. The FAA concludes it is in harmony with the international community because ICAO Annex 16 Volume II, Appendix 6, “Compliance Procedure for Gaseous Emissions, Smoke, and Particulate Matter Emissions,” recommends demonstrating a 90% confidence interval. The FAA concludes this recommendation should be mandatory to ensure that the data provided to the FAA is appropriately representative of the population. Under United States domestic law, all mandatory regulations must be in the CFR, not supplementary guidance documents. Therefore, the FAA has included this requirement here. E. Standard Temperature Correction One commentor questioned the necessity of correcting for standard temperature and pressure, as indicated in the preamble of the rule, and the commentor posed the same comment on 14 CFR 34.73. The FAA notes that 14 CFR 34.73 correctly refers to the standard temperature and pressure

(STP)corrections detailed in ICAO Annex 16 Volume II, Appendix 7. Section 3.1 of that Appendix requires the applicant to “determine nvPM at STP”. Per this requirement, nvPM must be corrected to STP. The FAA also notes that corrections to standard temperature and pressure are generally automatically included in the instrumentation. F. Typographical Errors Some commenters pointed out several typographical errors (“typos”) in the preamble of the final rule, which the FAA acknowledges. They are: • The preamble refers to ICAO Annex 16 Volume II, Appendix 1, rather than to the correct reference of Appendix 7. (89 FR 31082) • The end applicability date of the SN standard is given as January 1, 2023, as opposed to January 1, 2020. (89 FR 31087) • The FAA preamble reads “manufactures” in a line of text that should read manufacturers.” (89 FR 31083) A commenter also observed that the definition for “reference day condition” includes the phrase “. . . the measured smoke, nvPM, and gaseous emissions must be corrected.” 14 CFR. 34.1 (“Reference day condition”). The FAA acknowledges that “smoke” was erroneously included in this definition, as there are no corrections to reference day conditions required for smoke measurements. However, regarding nvPM emissions, the FAA notes that corrections to reference day conditions are required, and that the measurement instrumentation corrects to reference day corrections. For clarity, a commenter suggested that the internal references in § 34.73(c)(1) include a greater level of detail, specifically: • Paragraph (c)(1)(i)(B), when referencing “paragraph (c)(1),” should reference “paragraph (c)(1)(i)(A).” • Paragraph (c)(1)(ii)(B), when referencing “paragraph (c)(1),” should reference “paragraph (c)(1)(ii)(A).” • Paragraph (c)(1)(ii)(C), when referencing “paragraph (c)(1),” should reference “paragraph (c)(1)(ii)(B).” • Paragraph (c)(1)(iii)(B), when referencing “paragraph (c)(1),” should reference “paragraph (c)(1)(iii)(A).” The FAA thanks this commentor for its detailed and accurate suggestions. The FAA is declining to make these suggestions at this time, as such changes are not necessary. G. Average of One A commenter noted that 14 CFR 37.73(c)(1)(iii)(D) requires an “average” of engines tested, but “[w]hat is missing is saying that this average has to be done if several engines have been tested.” The FAA concludes that adding additional text to § 34.73(c)(1)(iii)(D) is not necessary as taking the average of a single engine does not change the results of the calculations. H. Comments in Support Finally, the FAA received positive feedback from multiple organizations. Conclusion After consideration of the comments submitted in response to the final rule with request for comment, the FAA has determined that no further rulemaking action is necessary. Therefore, amendment 34-7 remains in effect. How To Obtain Additional Information A. Rulemaking Documents An electronic copy of a rulemaking document may be obtained by using the internet— 1. Search the Federal eRulemaking Portal ( *www.regulations.gov* ); 2. Visit the FAA's Regulations and Policies web page at *www.faa.gov/regulations_policies/* or 3. Access the Government Printing Office's web page at *www.gpo.gov/fdsys/.* Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling

(202)267-9680. B. Comments Submitted to the Docket Comments received may be viewed by going to *www.regulations.gov* and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA's dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). C. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit *www.faa.gov/regulations_policies/rulemaking/sbre_act/.* Issued under authority provided 49 U.S.C. 40101, *et seq.,* in Washington, DC, on November 18, 2024. Brandon Roberts, Executive Director, Office of Rulemaking. [FR Doc. 2024-27390 Filed 11-22-24; 8:45 am]

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