[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Proposed Rules]
[Pages 6856-6859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2891]



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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 36



Noise Stringency Increase for Single-Engine Propeller-Driven Small 
Airplanes; Proposed Rule

  Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 36

[Docket No. FAA-2004-17041]
RIN 2120-AH44


Noise Stringency Increase for Single-Engine Propeller-Driven 
Small Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA is proposing a change to the noise limits for 
propeller-driven small airplanes. The proposal is based on the noise 
limit change adopted by the International Civil Aviation Organization 
(ICAO) Annex 16 on February 26, 1999. The Federal Aviation 
Administration (FAA), the European Joint Aviation Authorities (JAA), 
and representatives from the United States and European propeller-
driven small airplane industries developed the ICAO Annex 16 noise 
limit change in a joint effort. The proposed change would provide 
nearly uniform noise certification standards for airplanes certificated 
in the United States and in the JAA countries. The harmonization of the 
noise limits would simplify airworthiness approvals for import and 
export purposes.

DATES: Send your comments on or before June 10, 2004.

ADDRESSES: You may send comments (identified by Docket Number FAA-2004-
17041) using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov 
and follow the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to 
http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For more information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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:

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to 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 the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of 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 
concerning 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.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.
    Before acting on this proposal, we will consider all comments we 
receive on or before 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 in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, 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/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy 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. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

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 was added to 
part 36 in 1988 to require actual takeoff noise tests instead of the 
level flyover test that was formerly required under Appendix F, for 
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.

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Synopsis of the Proposal

    In June 1995, the ICAO Committee on Aviation and Environmental 
Protection (CAEP) met in Montreal, Canada. Representatives that 
attended the meeting were from the Joint Aviation Authorities (JAA) 
Council, which consists of JAA members from European countries, the 
U.S. and European aviation industries, and the FAA. At the meeting, the 
need to study the environmental impact of propeller-driven small 
airplane noise was identified and added to the work plan of CAEP's 
aircraft noise working group.
    The aircraft noise working group formed a task group to study the 
environmental impact of propeller-driven small airplane noise. The task 
group was also asked to recommend remedies to reduce environmental 
impact depending on the study results, such as a stringency increase, 
operational limitations, and economic incentives. During the initial 
meetings, the task group agreed that it was important to base any 
remedy on the current technology, and that any changes recommended 
would be aimed at preventing noise levels from increasing beyond the 
best current technology in production.
    In subsequent meetings, the task group concluded that the noise 
problem from propeller-driven small airplanes is regional in nature and 
characterized primarily by training flights using single-engine 
airplanes. This conclusion by the task group led to the decision to 
limit its review of available technology to noise abatement of single-
engine small propeller-driven airplanes. The task group agreed that the 
multi-engine small propeller airplanes were not the noise problem 
because single-engine airplanes are the ones most frequently used for 
training.
    The task group compiled a database of noise certification level and 
performance data for each model of single-engine small propeller-driven 
airplanes in production. The purpose of the database was to identify 
the effectiveness of available noise abatement technologies applicable 
to single-engine propeller-driven airplanes that would not affect 
airworthiness of the airplanes.
    The task group studied several stringency options for the airplanes 
in the database, and decided to propose new noise stringency levels 
that are at the noise levels of current production airplanes. The 
proposed noise stringency level reflects the current noise abatement 
technology that is applied to the single-engine propeller-driven small 
airplanes in production. Raising the stringency to the level of current 
production guarantees that future designs do not generate greater noise 
levels than current production airplanes.
    The proposed rule includes a 6 dBA noise limit reduction for 
single-engine propeller-driven small airplanes having maximum take-off 
weight less than 1,257 lb. (570 kg), and a 3 dBA noise limit reduction 
for airplanes with weights above 3,307 lb. (1,500 kg). The new limits 
will apply to new type certificates (TC's) and Supplemental Type 
Certificates (STC's) for which application is made after November 4, 
2004.

Section-by-Section Analysis

Section G36.301 Aircraft Noise Limits

    Current Sec. G36.301(b) covers both single and multi-engine small 
propeller driven airplanes. These current noise limits are not changing 
for multi-engine airplanes and the proposal changes the application of 
paragraph (b) to multi-engine airplanes only. We are proposing a new 
paragraph (c) for the single-engine airplanes.
    Proposed new paragraph (c) would require a 6 dBA noise limit 
reduction for single-engine propeller-driven small airplanes having 
maximum take-off weight less than 1,257 lb. (570 kg) and a 3 dBA noise 
limit reduction for airplanes with weights above 3,307 lb. (1,500 kg). 
The noise limit would increase at a rate of 10.75 dB per doubling of 
weight between 1,257 lb. and 3,307 lb. The proposed change would ensure 
that the noise level of single-engine propeller-driven small airplanes 
is held to that appropriate for current noise abatement technology.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall 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 requires agencies to analyze the 
economic effect of regulatory changes on small businesses and other 
small entities. Third, the Office of Management and Budget directs 
agencies to assess the effect of regulatory changes on international 
trade. In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Would generate benefits that justify its costs and 
is not a ``significant regulatory action'' as defined in the Executive 
Order; (2) is not significant as defined in the Department of 
Transportation's Regulatory Policies and Procedures; (3) would not have 
a significant impact on a substantial number of small entities; (4) 
would not constitute a barrier to international trade; and (5) would 
not contain any Federal intergovernmental or private sector mandate. 
These analyses are summarized here in the preamble.
    This proposed rule would make the FAA's single-engine propeller-
driven small airplanes noise regulation more consistent with 
international standards.
    The FAA has determined that this proposed rule would provide more 
uniform noise certification standards for airplanes certificated in the 
United States and in the Joint Aviation Authorities (JAA) countries and 
would ensure that future type certificate applicants incorporate at 
least the current noise reduction technology. The FAA believes that 
this proposed rule would impose minimal, if any, costs on supplemental 
type certificate applicants and would impose no cost on type 
certificate applicants, because airplanes in current production already 
meet the proposed noise standards.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act (RFA) of 1980 establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principal, the Act requires agencies to 
solicit and consider flexible regulatory proposals 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 proposed or 
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 as described in 
the Act.
    However, if an agency determines that a proposed or 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.

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    The FAA believes that very few, if any, small entities that apply 
for supplemental type certificate would be rejected as a result of the 
proposed rule, so small entities would incur minimal, if any, costs. 
The FAA also believes that no new type certificate applicant would fail 
the more stringent noise standard required by this proposed rule 
because airplanes in current production already meet the proposed 
standards. Thus, the FAA has determined that this proposed rule would 
not have a significant adverse economic impact on a substantial number 
of small entities, therefore, a regulatory flexibility analysis is not 
required under the terms of the RFA. The FAA solicits comments with 
respect to this finding and determination and requests that all 
comments be accompanied by clear documentation.

International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or 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 would provide more uniform noise certification 
standards for airplanes certificated in the United States and in the 
JAA countries. The harmonization of the noise limits would simplify 
airworthiness approvals for import and export purposes.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 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 proposed or final agency 
rule that may result in the expenditure of $100 million or more (when 
adjusted annually for inflation) in any one year by State, local, and 
tribal governments in the aggregate, or by the private sector. Section 
204(a) of the 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 
proposed ``significant intergovernmental mandate.'' A ``significant 
intergovernmental mandate'' under the Act is any provision in a Federal 
agency regulation that would 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 
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, which, among other things, must provide for 
notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity for these small governments to 
provide input in the development of regulatory proposals.
    This proposed rule does not contain any Federal intergovernmental 
or private sector mandates. Therefore, the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations.

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. Therefore, we determined that this notice of proposed 
rulemaking would not have federalism implications.

Paperwork Reduction Act

    There are no requirements for information collection associated 
with this proposed rule that would require approval under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), regulations, standards, and exemptions 
(including those, which if implemented may cause a significant impact 
on the human environment) qualify for a categorical exclusion. The FAA 
proposes that this NPRM qualifies for a categorical exclusion because 
no significant impacts to the environment are expected to result from 
its implementation.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 36

    Aircraft, Noise control.

Proposed Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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: 49 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. Section G36.301 of Appendix G is amended by revising the first 
sentence in paragraph (b); revising Figure G2; and, adding new 
paragraph (c) 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. G36.301 Aircraft noise limits.
    (a) * * *
    (b) For multi-engine airplanes, the noise level must not exceed 
76 dB(A) up to and including aircraft weights of 1,320 pounds (600 
kg). * * *
    (c) For single-engine airplanes, the noise level must not exceed 
70 dB (A) for aircraft having a maximum certificated take-off weight 
of 1,257 pounds (570 kg) or less. For

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aircraft weights greater than 1,257 pounds, the noise limit 
increases from that point with the logarithm of airplane weight at 
the rate of 10.75 dB (A) per doubling of weight, until the limit of 
85 dB (A) is reached, after which the limit is constant up to and 
including 19,000 pounds (8,618 kg). Figure G2 depicts noise level 
limits for airplane weights for single-engine airplanes.
[GRAPHIC] [TIFF OMITTED] TP11FE04.057


    Issued in Washington, DC, on February 4, 2004.
Paul R. Dykeman,
Deputy Director of Environment and Energy.

[FR Doc. 04-2891 Filed 2-10-04; 8:45 am]
BILLING CODE 4910-13-P