[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55598-55604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26704]


      

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Part III





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 36



Noise Certification Standards for Propeller-Driven Small Airplanes; 
Final Rule

  Federal Register / Vol. 64, No. 197 / Wednesday, October 13, 1999 / 
Rules and Regulations  

[[Page 55598]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 36

[Docket No. FAA-1998-4731; Amendment No. 36-22]
RIN 2120-AG65


Noise Certification Standards for Propeller-Driven Small 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is amending the noise certification standards for 
propeller-driven small airplanes. These changes are based on the joint 
effort of the Federal Aviation Administration (FAA), the European Joint 
Aviation Authorities (JAA), and Aviation Rulemaking Advisory Committee 
(ARAC), to harmonize the U.S. noise certification regulations and the 
European Joint Aviation Requirements (JAR) for propeller-driven small 
airplanes. These changes will provide uniform noise certification 
standards for airplanes certificated in the United States and in the 
JAA countries. The harmonization of the noise certification standards 
will simplify airworthiness approvals for import and export purposes.

EFFECTIVE DATE: December 13, 1999.

FOR FURTHER INFORMATION CONTACT: Mehmet Marsan, Office of Environment 
and Energy (AEE), Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-7703.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

    An electronic copy of this document can be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: (703) 
321-3339) or, the Government Printing Office's (GPO) electronic 
bulletin board service (telephone: (202) 512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the GPO's web page at http://
www.access.gpo.gov/nara for access to recently published rulemaking 
documents.
    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the amendment 
number or docket number of this final rule.
    Persons interested in being placed on the mailing list for future 
rulemaking documents should request from the above office a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996, requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact their local FAA official. 
Internet users can find additional information on SBREFA in the ``Quick 
Jump'' section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: 9-AWA-
[email protected].

Background

Current Regulations

    Under 49 U.S.C. 44715, the Administrator of the Federal Aviation 
Administration is directed to prescribe ``standards to measure aircraft 
noise and sonic boom; * * * and regulations to control and abate 
aircraft noise and sonic boom.'' Part 36 of Title 14 of the Code of 
Federal Regulations contains the FAA's noise standards and regulations 
that apply to the issuance of type certificates for all types of 
aircraft. The standards and requirements that apply to propeller-driven 
small airplanes and propeller-driven commuter category airplanes are 
found in Sec. 36.501 and Appendix G to Part 36. Appendix G addresses 
Takeoff Noise Requirements for Propeller-Driven Small Airplane and 
Propeller-Driven Commuter Category Airplane Certification Tests on or 
after December 22, 1988. This appendix was added to part 36 in 1988 to 
require an actual takeoff noise test instead of the level flyover test 
that is required under Appendix F, and applies only to airplanes for 
which certification tests were completed before December 22, 1988.
    Appendix G specifies the test conditions, procedures, and noise 
levels necessary to demonstrate compliance with certification 
requirements for propeller driven small airplanes and propeller-driven 
commuter category airplanes.

Government and Industry Cooperation

    In June 1990 at a meeting of the Joint Aviation Authorities (JAA) 
Council, which consists of JAA members from European countries and the 
FAA, the FAA Administrator committed the FAA to support the 
harmonization of the U.S. regulations with the Joint Aviation 
Regulations (JAR). The Joint Aviation Regulations are being developed 
for use by the European authorities that are member countries of the 
JAA.
    In January 1991, the FAA established the Aviation Rulemaking 
Advisory Committee to serve as a forum for the FAA to obtain input from 
outside the government on major regulatory issues facing the agency. 
The FAA has tasked ARAC with noise certification issues. These issues 
involve the harmonization of 14 CFR part 36 (part 36) with JAR part 36, 
the associated guidance material including equivalent procedures, and 
the interpretation of the regulations. On May 3, 1994, the ARAC 
established the Harmonization Working Group for Propeller-Driven Small 
Airplanes (59 FR 22885). The working group was tasked with reviewing 
the applicable provisions of subparts A and F, and appendices F and G 
of part 36, and harmonizing them with the corresponding applicable 
provisions of JAR 36. The working group was tasked to consider the 
current international standards and recommended practices, as issued 
under International Civil Aviation Organization (ICAO), Annex 16, 
Volume 1, and its associated Technical Manual, as the basis for 
development of the harmonization proposals. The working group was also 
asked to recommend a process whereby subsequent ICAO Annex 16 changes 
could be easily incorporated into JAR 36 and part 36.
    The working group reviewed 16 items related to noise limits and 
measurement procedures for propeller driven small airplanes in the 
regulations. For six of these items, the working group recommended that 
Appendix G of part 36 be amended to harmonize the regulations with JAR 
36. For four of these items, the working group recommended that Chapter 
10 of JAR 36 be amended to harmonize those regulations with part 36. 
For the six remaining items, the working group found that no 
harmonization is necessary. The working group also recommended changes 
to harmonize FAA and JAA interpretive and advisory material relating to 
noise limits for propeller-driven small airplanes. The ARAC agreed with 
the working group's recommendations and they were forwarded to the FAA 
for consideration.
    On November 18, 1998, the FAA published Notice No. 98-16 entitled 
``Noise Certification Standards for Propeller-Driven Small Airplanes.'' 
(63

[[Page 55599]]

FR 64146). The notice reflected the six recommendations that address 
changes to part 36. The FAA solicited comments on the proposals, which 
are discussed in the following section. This final rule is based on 
Notice No. 98-16.

Discussion of Comments

    The changes to appendix G of part 36 will affect the provisions 
that establish noise measurement procedures (Sec. G36.107), corrections 
to test results (Sec. G36.201) and specific aircraft noise limits that 
are tied to aircraft weight (Sec. G36.301).
    There were a total of four comments in response to the proposed 
rule. Two commenters were in agreement with the proposed rule--the 
General Aviation Manufacturers Association (GAMA) and Transport Canada. 
The other two commenters were the French DGAC (Direction Generale de 
l'Aviation Civile) and Aeromod Services, Inc. The two latter comments 
are discussed below.

Section G36.107  Noise Measurement Procedures

    Currently, Sec. G36.107 prescribes specific procedures for the 
placement of microphones, system calibration and consideration of 
ambient noise. The FAA proposed changes to affect the microphone 
requirements of paragraph (a) of that section. Currently, microphones 
are required to be oriented in a known direction so that the maximum 
sound received arrives as nearly as possible in the direction for which 
the microphones are calibrated, and the microphone sensing elements 
must be placed four feet (1.2 m) above ground level.
    The FAA proposed changing Sec. G36.107(a) to require the microphone 
to be a pressure-type microphone with a protective grid that is 12.7 mm 
in diameter. The microphone would have to be mounted in an inverted 
position so that the diaphragm is 7 mm above and parallel to a white-
painted metal circular plate. The plate would have to be 40 cm in 
diameter and at least 2.5 mm thick. The plate would have to be placed 
horizontally and flush with the surrounding ground surface with no 
cavities below the plate. The microphone would have to be located 
three-quarters of the distance from the center to the edge of the plate 
along a radius normal to the line of flight of the test airplane. To 
maintain the present level of noise stringency, a corresponding change 
to Sec. G36.301(b) would also be necessary, as discussed below.

Comments

    The French DGAC comments that in paragraph (a), the figure ``0.7 
mm'' should be replaced with ``7 mm'' to harmonize with ICAO Annex 16 
and JAR 36. The commenter says that ``7 mm'' is the figure used in 
Paragraph 4.4 of Appendix 6 of Annex 16, vol. 1, as well as in 
Paragraph 4.4 of Appendix B of JAR 36.
    Aeromod Services, Inc. has no objection to the proposed change. The 
commenter says that using a ground plane microphone provides data that 
are applicable to both FAA and ICAO certification activities, 
eliminating duplication of equipment or testing. The commenter says 
that the additional equipment requirement adds negligible cost to the 
test.

FAA Response

    The FAA agrees with the DGAC's comment. An error occurred in the 
NPRM. The value 0.7 mm should be changed to 7 mm wherever that value 
applies.

Section G36.201  Corrections to Test Results

    Current Sec. G36.201 prescribes corrections to be made to test 
results to account for the effects of differences between the 
conditions referenced in the prescribed procedures and existing 
conditions during an actual test.
    Current Sec. G36.201(b) requires atmospheric absorption correction 
for noise data obtained when the test conditions are outside those 
specified in appendix G, figure G1. Noise data collected outside the 
prescribed range of figure G1 are required to be corrected to 77 
degrees Fahrenheit and 70 percent relative humidity by an FAA approved 
method. The FAA proposed changing the 77 degrees Fahrenheit reference 
temperature to 59 degrees Fahrenheit, to be consistent with the ambient 
temperature requirement in current Sec. G36.111(b)(2), that is used for 
performance calculations.
    Current Sec. G36.201(c) requires that helical tip Mach number and 
power corrections must be made if the propeller is a variable pitch 
type or if the propeller is a fixed pitch type and the test power is 
not within five percent of the reference power. The FAA proposed 
changing this paragraph to provide an additional exception to the tip 
Mach number correction by stating that a correction is not necessary if 
the helical tip Mach number meets one of the following:
    1. The number is at or below 0.70 and the test helical tip Mach 
number is within 0.014 of the reference helical tip Mach number.
    2. The number is above 0.70 and at or below 0.80 and the test 
helical tip Mach number is within 0.007 of the reference helical tip 
Mach number.
    3. The number is above 0.80 and the test helical tip Mach number is 
within 0.005 of the reference helical tip Mach number. For mechanical 
tachometers, if the helical tip Mach number is above 0.8 and the test 
helical tip Mach number is within 0.008 of the reference helical tip 
Mach number.
    Current Sec. G36.201(d)(1) requires that the measured sound levels 
must be corrected from the test day meteorological conditions by adding 
an increment equal to the result gained from the following equation:

Delta (M) = (-0.7) HT/1000.

    In this equation, HT is the height in feet of the test 
aircraft when directly over the noise measurement point, and  
is the rate of absorption for the test day conditions at 500 Hertz as 
referenced in Society of Automotive Engineers (SAE) Publication 
Aerospace Recommended Practice (ARP) 866A, which has been incorporated 
by reference in part 36.
    The equation in Sec. G36.201(d)(1) is an approximation. The 
accuracy of the calculations can be improved by adopting the exact form 
of the equation. Therefore, the FAA proposed changing the equation to 
the exact form which reads as follows:

Delta (M) = (HT -0.7 HR)/1000.

    In this equation, HT is the height in feet under test 
conditions, HR is the height in feet under reference 
conditions when the aircraft is directly over the noise measurement 
point, and  is the rate of absorption for the test day 
conditions at 500 Hertz as specified in SAE ARP 866A, the same as the 
current rule.
    The proposed equation would make Appendix G absorption calculations 
the same as the rest of part 36 and Annex 16 absorption calculations.
    Current Sec. G36.201(d)(4) requires that the measured sound levels 
in decibels must be corrected for engine power by algebraically adding 
an increment equal to:

Delta (3) = 17 log (PR/PT)

where PT and PR are the test and reference engine 
powers respectively.
    The FAA proposed that the algebraic correction for engine power be 
changed to:

Delta (3) = K3 log (PR/PT)

where PR and PT are the test and reference engine 
powers respectively obtained from the manifold pressure/torque gauges 
and engine rpm. Under this proposal, the value of K3 would 
be

[[Page 55600]]

determined from approved data from the test airplane. In the absence of 
flight test data and at the discretion of the Administrator, a value of 
K3 = 17 could still be used as under the current rule.

Comments on Section G36.201(b)

    Aeromod Services, Inc. objects to changing the 77 degree Fahrenheit 
reference temperature to 59 degree Fahrenheit in paragraph (b) because 
it ``harmonizes in the wrong direction.'' The commenter says that the 
section should be ``placed on the list for JAR 36 harmonization with 
FAR 36.'' Aeromod's comment goes on to state:

    If we examine the existing FAA and ICAO noise rules, we find 
that the only rule which does not have a primary or absolute 
acoustical reference day defined by 77 deg.F/70%RH is Annex 16, 
Chapter 10. All of the other noise rules, to include FAR 36 Appendix 
A, Current Appendix G, Appendix H, ICAO Annex 16 Chapter 3, Chapter 
4, and Chapter 8, use 77 deg.F/70%RH as the primary or absolute 
acoustical reference day.

Aeromod adds that there appears to be ``no instance of confusion and 
delay caused by the difference in performance and acoustic reference 
conditions, as is mentioned in the Notice.''

FAA Response

    Aeromod comments that the only section of part 36 which does not 
have both the performance and acoustic reference day conditions as 77 
degree Fahrenheit and 70 percent relative humidity is Appendix G. The 
reason for this apparent inconsistency is based on the different noise 
characteristics of other airplane classes, namely large transports and 
helicopters. Propeller-driven small airplane noise levels are dominated 
by the low frequency tone noise under 500 Hz. Other classes of 
airplanes have noise characteristics that can be concentrated at higher 
frequencies. This difference in noise characteristics is reflected in 
the regulations by the different atmospheric absorption correction 
requirements for each class of airplanes.
    The regulation requires that an atmospheric absorption correction 
at 500 Hz \1/3\-octave-band frequency must be applied to the measured 
noise levels of propeller-driven small airplanes. For large transports 
and helicopters, the measured levels have to be corrected to reference 
conditions of 77 degree Fahrenheit by applying atmospheric absorption 
correction for each \1/3\-octave-band frequency. The atmospheric 
absorption is minimal at 500 Hz and increases with the increase in 
frequency. The correction is always small for propeller-driven small 
airplanes and can be very large for other classes of airplanes. The 
choice of the 77 degree Fahrenheit reference temperature assures that 
the measured levels are corrected upwards for most large transport and 
helicopter tests since a typical test temperature is lower than 77 
degree Fahrenheit. If a low reference temperature was chosen, the 
cumulative effect of the corrections could become positive or negative 
depending on the frequency content of the noise from the large 
transport and helicopters being tested. This effort would benefit some 
aircraft and unfairly penalize other aircraft depending on the test day 
temperature and frequency content. The high reference temperature of 77 
degree Fahrenheit removes this uncertainty for large transport and 
helicopter noise certification testing.
    However, the small atmospheric absorption correction values at low 
frequencies for propeller-driven airplanes do not warrant the use of a 
reference atmospheric temperature of 77 degree Fahrenheit which is 
different than standard reference conditions used in most aircraft 
testing. In the field of aeronautics, the International Standard 
Atmosphere (ISA) is usually used as the standard ambient conditions, 
and uses a temperature as 59 degrees Fahrenheit. All the performance 
information in the flight manuals (carried aboard each airplane) are 
given for ISA conditions. The proposed changes to Appendix G simplifies 
the data reduction by uniting the performance and acoustic reference 
conditions for propeller-driven small airplanes at 59 degrees 
Fahrenheit and 70 percent relative humidity. This section was adopted 
as proposed.

Comments on Section G36.201(c)

    The only comment regarding this section did not object to the 
proposed change; the revision to paragraph (c) is adopted as proposed.

Comments on Section G36.201(d)

    Aeromod's comment on proposed paragraph (d)(1) is as follows:

    The proposed change to the equation for atmospheric absorption 
is indeed more accurate. However, if the comments provided for 
section 36.201(b) above are adopted, the 0.7 constant in the 
equation would need to be changed to 0.9, which is the proper 
constant for a 77 deg.F/70%RH reference day. The equation currently 
published in FAR 36, Appendix G is incorrect for the current 
acoustic reference day, and has been for more than 10 years. The 
current published equation, using a 0.7 constant, actually corrects 
to a 59 deg.F/70%RH, resulting in a 0.2 dB error which is 
detrimental to the applicant.

    Aeromod also states that it has no objection to the proposed change 
in paragraph (d)(4), but notes that ``the option to determine the value 
of K3 experimentally, as is allowed for tip Mach 
corrections, is a welcome addition to the rule.''

FAA Response

    Aeromod's comment was based on the FAA incorporating Aeromod's 
suggested change to Sec. G36.201(b). The FAA is not incorporating 
Aeromod's change to G36.201(b); accordingly, the change to paragraph 
(d) is not accepted, and the equation in Sec. 36.201(d)(1) is adopted 
as proposed.

Comment on Section G36.201(d)

    The French DGAC comments that in the equation in paragraph (d)(1), 
the figure ``0.7'' should be replaced with ``0.6'' to harmonize with 
ICAO Annex 16, Chapter 10 and JAR 36 so that the equation reads ``Delta 
(m)=(Ht alpha-0.6 Hr)/1000.

FAA Response

    The FAA disagrees with the DGAC. The FAA uses English Units version 
of the SAE ARP 866A, which has the absorption value for 59 degrees 
Fahrenheit, 77 percent relative humidity as 0.7. The DGAC first derived 
the equation for absorption in metric units then converted the results 
into English Units. The DGAC derivation and conversion processes 
introduce an error of 0.1 in the absorption correction equation. The 
equation in paragraph (d) is adopted as proposed.

Section G36.301  Aircraft Noise Limits

    Current Sec. G36.301(b) states that for aircraft weights up to 
1,320 pounds (600 kg) the noise level must not exceed 73 dB(A); for 
weights greater than 1,320 pounds, the noise limit increases at the 
rate of 1 dB /165 pounds up to 85 dB(A) at 3,300 pounds, after which 
the noise level remains constant at 85 dB(A) up to and including 
aircraft weight of 19,000 pounds.
      As previously discussed, considerations of microphone location, 
configuration, and resulting noise limits are interrelated. Since the 
proposed changes to the noise measurement procedures of Sec. G36.107(a) 
would result in increases in the measured noise levels of about 3 
dB(A), the FAA proposed to increase the limits in Sec. 36.301(b) from 
73 dB(A) to 76 dB(A) and from 85 dB(A) to 88 dB(A) to account for these 
different measurement procedures, but without changing the stringency 
of the current rule.
    In addition to the dB(A) increases discussed, the FAA proposed a 
change to the interpolation requirement of Sec. G36.301(b). For 
airplane weights greater than 1,320 pounds, the allowable

[[Page 55601]]

dB(A) would increase ``with the logarithm of airplane weight at the 
rate of 9.83 dB(A) per doubling of weight until the limit of 88 dB(A) 
is reached * * *,'' rather than at the rate of 1 dB/165 pounds up to 85 
dB(A) at 3,300 pounds, as under the current rule. The new logarithmic 
interpolation between the low and high takeoff weights was adopted from 
the Annex 16, Volume I Chapter 10. The working group analyzed the 
available data obtained by use of a ground microphone, and decided to 
adopt the logarithmic interpolation that is between low and high 
takeoff weights.

Comments

    The only comment regarding this section did not object to the 
proposed change; Sec. G36.301(b) is adopted as proposed.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Sec. 3507(d)), the FAA has determined that there are no requirements 
for information collection associated with this final rule.

Compatibility with ICAO Standards

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA's policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. For this final 
rule, the FAA has reviewed part 36 Appendix G and ICAO Annex 16 Volume 
1, Chapter 10. The review showed that the following two items were left 
unharmonized: (1) For fixed pitch type propellers, Sec. G36.201 
specifies a simplified data correction procedure if the engine test 
power is within 5% of the reference power. Annex 16 does not have a 
corresponding simplification. (2) The use of maximum continuous 
installed power during the second segment of the flight path is allowed 
under Sec. G36.111. The power definition in Annex 16 for the second 
segment is defined as maximum power in Chapter 10 section 10.5.2 of 
Annex 16. The maximum installed power is typically lower than the 
maximum power and applicable only to old technology engines. The above 
two unharmonized items only affect airplanes with old technology 
engines, which are diminishing in number every year. The old airplanes 
equipped with old technology engines are not required to undergo noise 
certification or already are noise certificated. On very rare 
occasions, these airplanes may be required to perform a new noise test, 
but are not significant enough to be considered as harmonization 
issues.

Regulatory Evaluation Summary

Economic Summary

    Four principal requirements pertain to the economic impacts of 
changes to the Federal Regulations. First, Executive Order 12866 
directs Federal agencies to promulgate new regulations or modify an 
existing regulations after consideration of the expected benefits to 
society and the expected costs. The order also requires Federal 
agencies to assess whether a final rule is considered a ``significant 
regulatory action.'' Second, the Regulatory Flexibility Act of 1980 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Office of Management and Budget directs 
agencies to assess the effect of regulatory changes on international 
trade. Finally, Public Law 104-4, Department of Transportation 
Appropriations Act (November 15, 1995), requires Federal agencies to 
assess the impact of any Federal mandates on State, Local, Tribal 
governments, and the private sector.

Executive Order 12866 and DOT's Policies and Procedures

    Under Executive Order 12866, each Federal agency shall assess both 
the costs and the benefits of final regulations while recognizing that 
some costs and benefits are difficult to quantify. A final rule is 
promulgated only upon a reasoned determination that the benefits of the 
final rule justify its costs.
    The benefit of the final rule is that it will harmonize the U.S. 
noise certification regulations with the European Joint Aviation 
Requirements for propeller-driven small airplanes. The changes will 
provide nearly uniform noise certification standards for airplanes 
certificated in the United States and by the European Joint Aviation 
Authorities (JAA). This is expected to reduce the number of noise tests 
that need to be conducted. The costs to implement this rulemaking are 
negligible, if any. There are no additional costs imposed by this final 
rule.
    The final rule will also not be considered a significant regulatory 
action because (1) it does not have an annual effect of $100 million or 
more or adversely affect in a material way the economy or a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, Local or Tribal governments or communities; 
(2) it does not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) it does not 
materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients; and 
(4) it does not raise novel legal or policy issues arising out of legal 
mandates, the President's priorities or principles set forth in the 
Executive Order. Because the final rule is not considered significant 
under these criteria, it was not reviewed by the Office of Management 
and Budget (OMB) for consistency with applicable law, the President's 
priorities, and the principles set forth in this Executive Order nor 
was OMB involved in deconflicting this final rule with ones from other 
agencies.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (the Act) establishes ``as 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statues, to 
fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that and to explain the rationale for their 
actions, the Act covers a wide-range of small entities, including small 
businesses, not-for-profit organizations and small governmental 
jurisdictions.
    Agencies must perform a review to determine whether a final rule 
will have a significant economic impact on a substantial number of 
small entities. If the determination is that it will, the agency must 
prepare a Regulatory Flexibility Analysis (RFA) as described in the 
Act.
    However, if an agency determines that a final rule is not expected 
to have a significant economic impact on a substantial number of small 
entities, section 605(b) of the 1980 Act provides that the head of the 
agency may so certify and an RFA is not required. The certification 
must include a statement providing the factual basis for this 
determination, and the reasoning should be clear.
    The FAA conducted the required review of this final rule and 
determined that the cost imposed by this rule will be negligible and 
that it will not have a significant economic impact on a substantial 
number of small entities. Accordingly, pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 605 (b), the FAA certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities

[[Page 55602]]

because the costs imposed by this rule will be negligible.

Final International Trade Impact Assessment

    The FAA has determined that the final rule will promote the sale of 
foreign products and services in the United States and the sale of U.S. 
products and services in foreign countries. This determination is based 
on the FAA's determination that the rule harmonizes U.S. standards with 
the JAR's standards for noise certification for propeller-driven small 
airplanes.

Federalism Implications

    The regulations herein do not have a substantial direct effect on 
the States, on the relationship between national Government and the 
States, or on the distribution of power and responsibilities among 
various levels of government. Thus, in accordance with Executive Order 
12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a federalism 
assessment.

Final Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Reform 
Act) enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a final agency rule that may 
result in the expenditure by State, Local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year.
    Section 204(a) of the Reform Act, 2 U.S.C. 1534(a), requires the 
Federal agency to develop an effective process to permit timely input 
by elected officers (or their designees) of State, Local, and Tribal 
governments on a final ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Reform Act is any 
provision in a Federal agency regulation that will impose an 
enforceable duty upon State, Local, and Tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year.
    Section 203 of the Reform Act, 2 U.S.C. 1533, which supplements 
section 204(a), provides that before establishing any regulatory 
requirements that might significantly or uniquely affect small 
governments, the agency shall have developed a plan that, among other 
things, provides for notice to potentially affected small governments, 
if any, and for a meaningful and timely opportunity to provide input in 
the development of regulatory proposals.
    This rule does not contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million a year, therefore the 
requirements of the Reform Act do not apply.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental assessment (EA) or environmental impact statement (EIS). 
In accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), this 
rulemaking action qualifies for a categorical exclusion.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as 
amended (43 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that the final rule is not a major regulatory action under the 
provisions of the EPCA.

List of Subjects in 14 CFR Part 36

    Agriculture, Aircraft, Noise Control.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends part 36 of Title 14, Code of Federal Regulations 
as follows:

PART 36--NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS 
CERTIFICATION

    1. The authority citation for part 36 continues to read as follows:

    Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 106(g), 40113, 
44701-44702, 44704, 44715; sec. 305, Pub. L. 96-193, 94 Stat. 50, 
57; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902.

    2. Appendix G of part 36 is amended by revising sections 
G36.107(a), G36.201(b), including Figure G1, G36.201(c), G36.201(d)(1), 
G36.201(d)(4), and G36.301(b), including Figure G2, to read as follows:

Appendix G to Part 36--Takeoff Noise Requirements for Propeller-
Driven Small Airplane and Propeller-Driven Commuter Category 
Airplane Certification Tests on or After December 22, 1988

* * * * *

Sec. G36.107  Noise Measurement Procedures

    (a) The microphone must be a pressure type, 12.7 mm in diameter, 
with a protective grid, mounted in an inverted position such that 
the microphone diaphragm is 7 mm above and parallel to a white-
painted metal circular plate. This white-painted metal plate shall 
be 40 cm in diameter and at least 2.5 mm thick. The plate shall be 
placed horizontally and flush with the surrounding ground surface 
with no cavities below the plate. The microphone must be located 
three-quarters of the distance from the center to the back edge of 
the plate along a radius normal to the line of flight of the test 
airplane.
* * * * *

Sec. G36.201  Corrections to Test Results

* * * * *
    (b) Atmospheric absorption correction is required for noise data 
obtained when the test conditions are outside those specified in 
Figure G1. Noise data outside the applicable range must be corrected 
to 59 F and 70 percent relative humidity by an FAA approved method.


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    (c) Helical tip Mach number and power corrections must be made 
as follows:
    (1) Corrections for helical tip Mach number and power 
corrections must be made if--
    (i) The propeller is a variable pitch type; or
    (ii) The propeller is a fixed pitch type and the test power is 
not within 5 percent of the reference power.
    (2) No corrections for helical tip Mach number variation need to 
be made if the propeller helical tip Mach number is:
    (i) At or below 0.70 and the test helical tip Mach number is 
within 0.014 of the reference helical tip Mach number.
    (ii) Above 0.70 and at or below 0.80 and the test helical tip 
Mach number is within 0.007 of the reference helical tip Mach 
number.
    (iii) Above 0.80 and the test helical tip Mach number is within 
0.005 of the reference helical tip Mach number. For mechanical 
tachometers, if the helical tip Mach number is above 0.8 and the 
test helical tip Mach number is within 0.008 of the reference 
helical tip Mach number.
    (d) * * *
    (1) Measured sound levels must be corrected from test day 
meteorological conditions to reference conditions by adding an 
increment equal to

Delta (M) = (HT --0.7 
) /1000

where HT is the height in feet under test conditions, 
HR is the height in feet under reference conditions when 
the aircraft is directly over the noise measurement point and 
 is the rate of absorption for the test day conditions at 
500 Hz as specified in SAE ARP 866A, entitled ``Standard Values of 
Atmospheric Absorption as a function of Temperature and Humidity for 
use in Evaluating Aircraft Flyover Noise'' as incorporated by 
reference under Sec. 36.6.
* * * * *
    (4) Measured sound levels in decibels must be corrected for 
engine power by algebraically adding an increment equal to

Delta(3) = K3 log (PR/PT)

where PR and PT are the test and reference 
engine powers respectively obtained from the manifold pressure/
torque gauges and engine rpm. The value of K3 shall be 
determined from approved data from the test airplane. In the absence 
of flight test data and at the discretion of the Administrator, a 
value of K3 = 17 may be used.
* * * * *

Sec. G36.301  Aircraft Noise Limits

* * * * *
    (b) The noise level must not exceed 76 dB (A) up to and including 
aircraft weights of 1,320 pounds (600 kg). For aircraft weights greater 
than 1,320 pounds, the limit increases from that point with the 
logarithm of airplane weight at the rate of 9.83 dB (A) per doubling of 
weight, until the limit of 88 dB (A) is reached, after which the limit 
is constant up to and including 19,000 pounds (8,618 kg). Figure G2 
shows noise level limits vs airplane weight.


[[Page 55604]]

[GRAPHIC] [TIFF OMITTED] TR13OC99.002



    Issued in Washington, DC, on October 7, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-26704 Filed 10-12-99; 8:45 am]
BILLING CODE 4910-13-P