[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Proposed Rules]
[Pages 34256-34259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14310]



[[Page 34255]]

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

Part VI





Department of Transportation





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



Federal Aviation Administration



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



14 CFR Part 36



Harmonization of Noise Certification Standards for Propeller-Driven 
Small Airplanes; Proposed Rule

  Federal Register / Vol. 68, No. 109 / Friday, June 6, 2003 / Proposed 
Rules  

[[Page 34256]]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 36

[Docket No. FAA-2003-15279; Notice No. 03-09]
RIN 2120-AH42


Harmonization of Noise Certification Standards for Propeller-
Driven Small Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to amend two technical items to harmonize 
them with international standards and provide uniform noise 
certification standards for airplanes certificated in the United States 
and Joint Aviation Authorities (JAA) countries. This will help to 
simplify airworthiness approvals for import and export purposes. The 
revisions to these two items would apply only to a small number of 
older-technology airplanes.

DATES: Send your comments by July 7, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2003-15279 at the beginning of your comments, and you should send two 
copies of your comments. If you wish to receive confirmation that FAA 
received your comments, include a self-addressed, stamped postcard. You 
may also send comments through the Internet to http://dms.dot.gov. You 
may review the public docket containing comments on these proposed 
regulations in person in the Dockets Office between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The Dockets Office is 
on the plaza level of the NASSIF Building at the Department of 
Transportation at the address in this section. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mehmet Marsan, AEE-100, Office of 
Environment and Energy, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-
7703; facsimile (202) 267-5594.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested individuals to take part in this 
rulemaking by sending written comments, data, or views. We also invite 
comments about the economic, environmental, energy, or federalism 
impacts that might result from adopting the proposals in this document. 
The most helpful comments reference a specific portion of the proposal, 
explain why you want to make any recommended change, and include 
supporting data. We ask that you send us two copies of your written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
about this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the web address in the ADDRESSES section.
    Before acting on this proposal, we will consider all comments we 
receive by the closing date for comments. We will consider comments 
filed late if it is possible to do so without incurring expense or 
delay. We may change this proposal because of the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a preaddressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's web page at http://www.faa.gov/avr/armhome.htm; or
    (3) Accessing the Federal Register's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by sending 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. Make 
sure to identify the docket number, or notice number of this 
rulemaking.

Background

    Under 49 U.S.C. 44715, the Administrator of the FAA is directed to 
prescribe ``standards to measure aircraft noise and sonic boom; * * * 
and regulations to control and abate aircraft noise and sonic boom.'' 
Title 14, part 36 of the Code of Federal Regulations (CFR) 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 airplanes and propeller-driven 
commuter category airplane certification tests conducted on or after 
December 22, 1988. The FAA added this appendix to part 36 in 1988 to 
require takeoff noise tests, instead of the level flyover test formerly 
required under Appendix F, for airplanes that had certification tests 
completed before December 22, 1988. Appendix F is no longer used.
    On October 13, 1999, the FAA published a final rule (64 FR 55598) 
amending the noise certification standards for propeller-driven small 
airplanes. The rule, which harmonized the U.S. noise certification 
regulations and the European Joint Aviation Requirements for propeller-
driven small airplanes, is based on the joint effort of the FAA, the 
JAA, and the Aviation Rulemaking Advisory Committee. However, two 
technical items, which appear in Appendix G to part 36, were left 
unharmonized with Annex 16, Volume 1, Chapter 10 of the International 
Civil Aviation Organization (ICAO) because we were not aware of the 
possible effect on exported older airplanes. These older airplanes 
predated current noise certification requirements or have already been 
noise certificated. On rare occasions, these airplanes may be required 
to perform a new noise test if they undergo a modification that could 
increase their noise level.
    The two unharmonized technical items were filed with the ICAO. The 
ICAO includes these items in the national variances list for Annex 16, 
Volume I. These differences could result in foreign regulators 
conducting additional reviews, which the FAA and U.S. manufacturers 
must support, of any U.S.-made, propeller-driven small airplane noise 
certifications when the airplanes are exported. In practice, the 
existence of these differences means that all aircraft must undergo 
additional review by a foreign authority since it is

[[Page 34257]]

not clear which airplanes encompass the differences in their noise 
certifications. This proposed rule would harmonize the two technical 
items to eliminate the differences and the need for the additional 
reviews.
    The two unharmonized items, which are the subject of this proposed 
rule, are as follows:
    (1) The use of ``maximum continuous power'' during the second 
segment of the noise certification test flight path is allowed under 
current section G36.111. However, the ``power'' definition in Annex 16, 
Chapter 10, section 10.5.2 for the second segment is defined as 
``maximum power''. Since the ``maximum continuous power'' is typically 
lower than the maximum or takeoff power described in ICAO, the two 
items are not considered harmonized.
    (2) For fixed pitch type propellers, current section G36.201 
specifies a simplified data correction procedure if the engine test 
power is within 5 percent of the reference power. The ICAO Annex 16, 
Volume 1, Chapter 10 does not have a corresponding simplified data 
correction procedure.
    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is the FAA's policy to comply with 
ICAO Standards and Recommended Practices to the maximum extent 
practicable. We propose to revise the two unharmonized technical items 
in Appendix G to part 36 to make them the same as ICAO Annex 16, Volume 
I, Chapter 10, regarding propeller-driven small airplane noise 
certification regulation. The proposed revisions better represent the 
intent of the original noise certification standards, which was to 
certify propeller-driven small airplanes at takeoff power. This 
proposed rule would complete harmonization between current Appendix G 
to part 36 of 14 CFR and Annex 16.

Section-by-Section Analysis

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

Section G36.111 Flight Procedures

    Current section G36.111 allows the use of maximum continuous power 
during the second segment of the flight path. However, the power 
definition in Annex 16, Chapter 10, section 10.5.2 for the second 
segment is defined as maximum or takeoff power. The maximum continuous 
power described in Appendix G is typically lower than the takeoff power 
and is applicable only to older engines. This proposed rule specifies 
that takeoff power must be used in the second segment of the flight 
profile and describes a method to perform the test if the test airplane 
is equipped with an engine that can operate at takeoff power for only a 
short time.
    The FAA conducted an informal survey to determine whether any 
recent noise certification tests have been conducted on airplanes 
equipped with time-limited engines. The FAA found no noise measurements 
of airplanes with old-technology engines that may be affected by this 
proposal. If testing were required for an airplane, which was 
previously noise certificated at maximum continuous power, rather than 
at takeoff power as proposed in this NPRM, the noise levels could be 
slightly higher or lower, depending on the height gained over the 
microphone by operating at the higher engine power. The amount of 
height gained is a function of the performance of the particular 
airplane. The noise increase caused by the engine at takeoff power will 
be canceled or reduced by the height gained over the microphone since 
the sound propagation distance from the airplane to the microphone 
increases as the airplane flies higher. Hence, the sound reaches the 
microphone at a lower level.

Section G36.201 Corrections to Test Results

    This section prescribes that corrections made to test results must 
account for the effects of differences between the conditions 
referenced in the prescribed procedures in Appendix G and the actual 
test conditions.
    Under current section G36.201(c)(1), helical tip Mach number and 
power corrections must be made if (1) the propeller is a variable pitch 
type, or (2) the propeller is a fixed pitch type and the actual power 
is not within 5 percent of the reference power. The 1999 rule change 
includes an additional helical tip Mach number correction exception for 
all types of propellers by stating that a correction is not necessary 
if the helical tip Mach number meets criteria listed in current section 
G36.201(c)(2). This proposal (1) removes the exception provided for 
fixed pitch propellers if the test power is within 5 percent of the 
reference power and (2) requires helical tip Mach number and power 
corrections for all types of propellers, depending on which criteria of 
current section G36.201(c)(2) are being used.
    Fixed pitch propellers rotate at less than their maximum speed 
during takeoff because the pitch angle cannot be adjusted to match the 
loading on the propeller blade. As the propeller slows down, the 
dominant noise generation shifts from the propeller to the engine 
exhaust. The lack of a correction exception for slower rotating 
propellers is provided not just as a simplification to the procedure, 
but to avoid correcting the engine noise using the propeller speed. 
Current section G36.201(c)(2) provides either no correction exception 
or a small correction for slow rotating propellers, if the test power 
is not within 5 percent of the reference power. These requirements 
coincide with the exception in section G36.201(c)(1)(ii) proposed to be 
removed in this NPRM. Accordingly, the proposed change is not expected 
to affect test results.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency must propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, make them the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 requires 
agencies to prepare a written assessment of the costs, benefits, and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation).
    However, for regulations with an expected minimal impact, the 
above-specified analyses are not required. The Department of 
Transportation Order DOT 2100.5 prescribes policies and procedures for 
simplification, analysis, and review of regulations. If it is 
determined that the expected impact is so minimal that the proposal 
does not warrant a full evaluation, a statement to that effect and the 
basis for it are included in proposed regulation.
    This proposed rule would revise two technical items, which are the 
only remaining unharmonized items between part 36 Appendix G and the 
ICAO Annex 16, Volume I, Chapter 10,

[[Page 34258]]

regarding the noise certification of small propeller-driven airplanes. 
The FAA has determined that the expected cost impact would be minimal 
because these two items affect only airplanes with older technology 
engines, that are not required to undergo new noise certification or 
are already noise certificated. On rare occasions, these airplanes may 
be required to perform a new noise test if they go through a 
modification that may increase their noise level. As a result, the FAA 
does not foresee any circumstances in which these older airplanes would 
need to re-certify for noise.
    The two unharmonized technical items were filed with the ICAO. The 
ICAO includes these items in the national variances list for Annex 16, 
Volume I. These differences could result in foreign regulators 
conducting additional reviews, which the FAA and U.S. manufacturers 
must support, of any U.S.-made, propeller-driven small airplane noise 
certifications when the airplanes are exported. In practice, only a 
small number of the exported airplanes might encompass the two 
unharmonized items in their noise certifications.
    The FAA has determined that this proposed rule would increase the 
harmonization of the U.S. Federal regulations with the ICAO Standards 
and Recommended Practices and would impose, at most, negligible costs.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 directs the FAA to fit 
regulatory requirements to the scale of the business, organizations, 
and governmental jurisdictions subject to the regulation. We are 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as they are defined in the Act. If we find that the action 
will have a significant impact, we must do a ``regulatory flexibility 
analysis''.
    Because of the minimal cost impact of this proposed rule, the FAA 
has determined that it would, at most, impose negligible costs on small 
aircraft manufacturers. Therefore, the FAA certifies that this proposal 
would not have a significant economic impact on a substantial number of 
small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. This proposed rule is a direct 
action to respond to these statutory requirements.
    In addition, the FAA has determined that this proposed rule would 
generate cost savings for foreign regulators in the form of reductions 
in their administrative expenses. Their administrative expenses may be 
reduced because a review of the U.S. propeller-driven small airplane 
noise certifications for exported airplanes will no longer be 
necessary.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action''.
    This NPRM does not contain such a mandate. The requirements of 
Title II of the Act, therefore, do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial, direct effect on the States, on 
the relationship between the national Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, and therefore would not have federalism implications.

Plain English

    Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each 
agency to write regulations that are simple and easy to understand. We 
invite your comments on how to make these proposed regulations easier 
to understand, including answers to questions such as the following:
    [sbull] Are the requirements in the proposed regulations clearly 
stated?
    [sbull] Do the proposed regulations contain unnecessary technical 
language or jargon that interferes with their clarity?
    [sbull] Would the regulations be easier to understand if they were 
divided into more (but shorter) sections?
    [sbull] Is the description in the preamble helpful in understanding 
the proposed regulations?
    Please send your comments to the address specified in the ADDRESSES 
section.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this proposed 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), Public Law 94-163, 
as amended (42 U.S.C. 6362) and FAA Order 1053.1. We have determined 
that the notice is not a major regulatory action under the provisions 
of the EPCA.

List of Subjects in 14 CFR Part 36

    Aircraft, Noise control.

The Proposed Amendments

    In consideration of the foregoing the Federal Aviation 
Administration proposes to amend Chapter I 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. Revise section G36.111(c)(2)(iv) of Appendix G 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. G36.111 Flight Procedures.

* * * * *
    (c) * * *
    (2) * * *
    (iv) For airplanes equipped with fixed pitch propellers, takeoff 
power must be maintained throughout the second segment. For 
airplanes equipped with variable pitch or constant speed propellers, 
takeoff power and rpm must be maintained throughout the second 
segment. If airworthiness limitations do not allow the application 
of takeoff power and rpm up to the reference point, then takeoff 
power and rpm must be maintained

[[Page 34259]]

for as long as is permitted by such limitations; thereafter, maximum 
continuous power and rpm must be maintained. Maximum time allowed at 
takeoff power under the airworthiness standards must be used in the 
second segment. The reference height must be calculated assuming 
climb gradients appropriate to each power setting used.

    3. In G36.201 of Appendix G, revise paragraph (c) as follows:

Sec. G36.201 Corrections to Test Results

* * * * *
    (c) No corrections for helical tip Mach number variation need to 
be made if the propeller helical tip Mach number is:
    (1) At or below 0.70 and the test helical tip Mach Number is 
within 0.014 of the reference helical tip Mach number.
    (2) 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) 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.
* * * * *

    Issued in Washington, DC on June 2, 2003.
Carl E. Burleson,
Director, Office of Environment and Energy.
[FR Doc. 03-14310 Filed 6-5-03; 8:45 am]
BILLING CODE 4910-13-P