Regulatory Alert: FAA Solicits Nominations for Appointment to the Advanced Aviation Advisory Committee

November 9, 2021

U.S. Transportation Secretary Pete Buttigieg unveiled the U.S. Aviation Climate Action Plan (Plan), which outlines the federal government's approach and policy framework to put the industry on a path toward achieving net-zero emissions by 2050. The Plan includes a series of policy measures aimed at driving change across the entire aviation ecosystem, focusing on airlines, manufacturers, airports, energy companies, airline customers, and the government. The Plan is part of President Biden's broader environmental focus and initiatives that are aimed at addressing climate change and improving resiliency. 

You can read the administration's Aviation Climate Action Plan here. 

Summary of the Plan's Key Initiatives. In the Plan, the Biden Administration indicated that emissions would be reduced through a series of initiatives, including, among other things: 

Introducing new, more efficient aircraft by airlines into their operational fleets and retirement of older, less efficient aircraft;
Development of new, more energy efficient aircraft and engine technologies;
Improvement in aircraft operations throughout the National Airspace System (NAS) and by airlines flying more optimal trajectories for reduced fuel use;
Production of sustainable aviation fuels (SAFs) by the energy sector;
Electrification and potentially hydrogen as solutions for short-haul aviation;
Advancements in airport operations across the country;
International initiatives such as the airplane CO2 standard and the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA); and
Domestic policies and measures to help meet emissions targets.

The Plan's 'Airport Initiatives.' Although light on details, the Plan contains a section on 'airport initiatives' that highlights the Federal Aviation Administration's (FAA) current activity in this area and proposed actions. The Plan discusses two different areas where FAA is taking action to assist airports with lowering their greenhouse gas (GHG) emissions. 

First, the Plan emphasizes that FAA Office of Airports (ARP) currently administers, and will continue to administer, several grant programs to help airports address GHG emissions, including the Voluntary Airport Low Emissions (VALE) Program; Zero Emission Vehicle (ZEV) Program; Energy Efficiency Program; and the Sustainability Program. However, the Plan acknowledges the funding limitations, stating that additional resources from Congress would provide significant opportunities for these programs to scale up funding for emissions reductions projects, including electrification of ground support equipment. 

Second, the Plan significantly focuses on improving resilience, indicating that FAA ARP is developing a plan regarding infrastructure resilience. More specifically, FAA is reportedly conducting research using airport case studies to develop a resilience framework to augment several ARP programs, including its Sustainability Program.

Administration's Focus on Aviation Emissions. Today's release of the U.S. Aviation Climate Action Plan follows a series of aviation-related announcements in recent months to address emissions and improve resilience: 

In September, the Biden Administration revealed new actions that the federal government, with the support of industry, was taking to produce three billion gallons of SAFs and reduce aviation emissions by 20 percent by 2030. This included creating a 'Sustainable Aviation Fuel Grand Challenge' that would help reduce costs, enhance sustainability, and expand production and use of SAFs. 

In September, FAA awarded more than $100 million as part of the Continuous Lower Energy, Emissions and Noise (CLEEN) Program. The funds would be awarded to companies to help develop technologies that reduce fuel use, emissions and noise. 

In October, the U.S. Department of Transportation (DOT) released the 'Climate Action Plan: Revitalizing Efforts to Bolster Adaptation & Increase Resilience.' The plan does not include many details specific to airports, but it does touch on the administration's priorities to incorporate resilience into DOT grantmaking programs and through the project planning and development process. You can see the press release here and the full report here. 

In October, the White House's Council on Environmental Quality released a proposed rulemaking to revise several key provisions of the regulations that govern environmental reviews performed pursuant to the National Environmental Policy Act (NEPA). The proposal is part of a broader, ongoing initiative to ensure that federal agencies, including DOT and FAA, are considering the effects of GHG emissions and climate change during federal permitting decisions.