[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Rules and Regulations]
[Pages 38742-38750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13076]



[[Page 38741]]

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

Part II





Department of Transportation





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



Federal Aviation Administration



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



14 CFR Parts 36 and 91



Stage 4 Aircraft Noise Standards; Final Rule

  Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules 
and Regulations  

[[Page 38742]]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 36 and 91

[Docket No.: FAA-2003-16526]
RIN 2120-AH99


Stage 4 Aircraft Noise Standards

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new noise standard for subsonic jet 
airplanes and subsonic transport category large airplanes. This noise 
standard ensures that the latest available noise reduction technology 
is incorporated into new aircraft designs. This noise standard, Stage 
4, applies to any person submitting an application for a new airplane 
type design on and after January 1, 2006. The standard may be chosen 
voluntarily prior to that date. This noise standard is intended to 
provide uniform noise certification standards for Stage 4 airplanes 
certificated in the United States and those airplanes that meet the new 
International Civil Aviation Organization Annex 16 Chapter 4 noise 
standard.

DATES: Effective Date: These amendments become effective August 4, 
2005. The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register as of 
August 4, 2005.

FOR FURTHER INFORMATION CONTACT: Laurette Fisher, Office of Environment 
and Energy (AEE-100), Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3561; facsimile 
(202) 267-5594.

SUPPLEMENTARY INFORMATION:

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 amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our 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.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

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. If you are a small entity and you have a question 
regarding this document, you may contact its local FAA official, or the 
person listed under FOR FURTHER INFORMATION CONTACT. You can find out 
more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm, or by e-mailing us at [email protected].

Background

    On December 1, 2003, the FAA published a Notice of Proposed 
Rulemaking (NPRM) proposing the Stage 4 noise standard (68 FR 67330). A 
brief history of the FAA's regulation of aircraft noise since 1969 was 
presented in the preamble of the NPRM.
    The new Stage 4 noise standard will apply to any person filing an 
application for a new airplane type design on and after January 1, 
2006. As stated in the NPRM, the adoption of a new noise standard for 
new aircraft designs is not intended to signal the start of any 
rulemaking or other proceeding aimed at phasing out the production or 
operation of current aircraft models. Currently, there are no Federal 
regulations restricting the operations of Stage 3 airplanes, and the 
FAA has made no decision whether to seek such restrictions.
    Much of the background for the development of a Stage 4 noise 
standard has taken place in the international arena and through the 
work of the International Civil Aviation Organization (ICAO). The 
environmental activities of the ICAO are largely undertaken through the 
Committee on Aviation Environmental Protection (CAEP), which was 
established by the ICAO in 1983, and which superseded the Committee on 
Aircraft Noise and the Committee on Aircraft Engine Emissions. The CAEP 
assists the ICAO in formulating new policies and adopting new standards 
on aircraft noise and aircraft engine emissions. The United States is 
an active member in the CAEP activities. There is at least one U.S. 
representative participating on each of the CAEP working groups.
    On June 27, 2001, at its 163rd session, the ICAO unanimously 
approved the adoption of the new Chapter 4 noise standard in Annex 16. 
The new noise standard will apply to any application for new type 
designs submitted on or after January 1, 2006, for countries that use 
Annex 16 as their noise certification basis.

Discussion of Comments

    The FAA received 71 comments in response to the NPRM. The scope of 
the comments indicates that many commenters are unfamiliar with the 
issues of aircraft noise certification and how noise certification 
relates to local aircraft operations. These topics will be discussed 
briefly as part of this disposition of the comments.

Weight Limits

    Several commenters state that the new Stage 4 limits should apply 
to aircraft that weigh less than 75,000 pounds, indicating that these 
aircraft remain a significant noise problem. Several of these comments 
were submitted as form letters, or individual letters that used the 
same blocks of text.
    FAA response: The proposed Stage 4 standard does apply to aircraft 
under 75,000 pounds. The applicability of Sec.  36.1 does not restrict 
the scope of the Stage 4 standard by aircraft weight. The FAA suspects 
that the commenters are confusing the certification standards of part 
36 with the operational limitations imposed in part 91. The 75,000 
pound weight cutoff is used in operating rules as a means of 
distinguishing aircraft, but it does not apply to the requirement to 
meet Stage 4 noise levels at the time of certification testing under 
part 36.
    The differences between aircraft certification and aircraft 
operating requirements are often confusing to the public, but the two 
represent very different parts of the FAA's regulatory 
responsibilities. Aircraft noise certification testing is conducted 
when a new aircraft is introduced (type certification), or an existing 
model aircraft is modified (supplemental type certification) in a 
manner that would produce an acoustical change, such as changes in 
size, configuration, engines, etc. Each aircraft model is noise 
certificated to operate up to its

[[Page 38743]]

maximum weight. An aircraft is tested at this maximum weight and must 
meet the noise standards for an aircraft of its weight according to the 
formulas adopted in part 36.
    Aircraft operations are noise-limited under a completely different 
set of regulations, 14 CFR part 91. For example, when the FAA phased 
out the operation of Stage 2 airplanes over 75,000 pounds, it was the 
regulations of part 91 that were amended in 1991 for compliance by 
2000. The certification standards of part 36 that determined how much 
noise a Stage 3 aircraft could produce had been adopted in 1977 and 
remained consistent as the operational rules got stricter.
    When the FAA seeks to decrease noise levels produced by future 
aircraft, we amend the certification rules to introduce the quieter 
standard. The initial establishment of a new noise standard allows time 
for manufacturers to adjust engine and airframe designs to meet it. In 
reality, manufacturers are constantly adjusting their designs as 
technology evolves. As a consequence, an aircraft newly certificated 
this year meets the Stage 3 requirements of part 36, but it may be 
significantly quieter than an aircraft certificated 15 years ago 
because of advances in technology. Both aircraft are considered Stage 3 
because the requirement is a ``not to exceed'' standard that sets a 
maximum noise level only. Until the agency lowers the maximum by 
setting a different certification standard, in this case the proposed 
Stage 4, no manufacturer can designate its aircraft as quieter than 
Stage 3.
    This method of setting and maintaining certification standards does 
not allow for the FAA to suddenly lower the Stage 3 maximum to 
eliminate older aircraft that just meet the standard, whether they were 
originally manufactured or hushkitted to their Stage 3 level, as was 
suggested in the comments from the LAX Community Noise Roundtable, the 
Oakland Airport Community Noise Management Forum, and the San Francisco 
International Airport/Community Roundtable. Such a change would 
introduce a different system of aircraft noise certification, and would 
require a detailed analysis of the costs imposed by such a change.
    Some confusion may have arisen with the proposed rule because the 
FAA did include a change in the operating rules of part 91. The rule 
change is intended only to allow for the operation of quieter Stage 4 
airplanes once they are certificated. As written, the current part 91 
regulations are exclusionary; an airplane over 75,000 pounds, may be 
operated in the contiguous United States only if it is Stage 3. To 
prevent a misinterpretation that would prohibit the operation of a 
quieter Stage 4 airplane, the regulation was changed to include Stage 3 
or Stage 4 airplanes as eligible for operation in the contiguous United 
States. The proposed change in the operational rules would not restrict 
the operating status of any airplane flying today; it was proposed only 
to allow the operation of quieter airplanes once they are produced and 
designated as Stage 4.
    No change is required to the proposed rules as a result of these 
comments, and the applicability of the Stage 4 standard remains 
unchanged in the final rule. Similarly, the proposed changes to the 
operational rules of Part 91 are adopted as proposed.

Standards for Stage 4

    At least a dozen commenters suggest that the 10 decibel (dB) 
reduction that represents Stage 4 is not enough as a new standard. 
Commenters variously suggest reductions of 14 to 20dB from Stage 3 as 
the new Stage 4 standard. Several commenters indicate that the proposed 
10dB reduction is a misrepresentation of the ``actual'' decrease in 
noise that can be expected because the number represents a cumulative 
reduction over the three phases of flight tested (flyover, lateral, and 
approach) at certification, and they presume that no more than 3dB will 
actually be accomplished at any given point. These commenters also 
indicate that the FAA should be getting input from individuals before 
new standards are decided upon internationally, in this case, before 
the U.S. presents its position to the ICAO and an international 
agreement is reached.
    FAA Response: The FAA acknowledges that the proposed 10dB reduction 
represented by Stage 4 is a cumulative reduction for the three 
measurements. While this is a new way of expressing the total, the 
process of noise measurement at the three designated points has not 
changed, and no changes to this method were proposed.
    As discussed above, the United States, as a member of ICAO, agreed 
to the designation of ICAO Chapter 4 as a 10dB cumulative reduction 
from Chapter 3 noise levels. The adoption of a new standard by ICAO is 
neither simple nor brief, includes significant participation by the 
United States, and included input from a wide cross-section of federal 
agencies and public interest groups through the long-established 
Intergovernmental Group on International Aviation (IGIA). The members 
of ICAO are well qualified to consider the technological possibilities 
and financial burdens associated with changes of this magnitude. As one 
commenter noted, one airports group in the United States had suggested 
a larger reduction to ICAO and it was rejected; the comments that 
suggest similar reductions here are not new arguments.
    Consequently, it is unrealistic to think that the FAA would now 
propose a domestic standard that exceeds the one it agreed to and was 
adopted by ICAO, expecting that it could be done without significant 
financial and international trade impact. The United States helped 
develop and agreed to adopt the ICAO standard because it recognizes the 
global impact of aviation. Aircraft noise is a concern of every ICAO 
member state. The solution, however, is not for the United States to 
propose an arbitrarily more stringent standard outside of the 
international process.
    In objecting to the Chapter 4 standard as too little, the Alliance 
of Residents Concerning O'Hare, Inc. (AReCO), suggests a reduction 
scale that extends to a 23dB reduction for new airplanes produced after 
2015. AReCO's proposal is based on an entirely new certification 
framework. Instead of the ``meets or doesn't meet'' standard that 
represents current aircraft noise certification worldwide, AReCO's 
method would impose operational restrictions on aircraft that don't 
meet certain noise criteria, using a complex formula that considers an 
aircraft's maximum range and takeoff weight to determine its payload, 
including the amount of fuel it would be allowed to carry. This 
proposal is well beyond the scope of the NPRM. While AReCO would like 
to see a Stage 4 standard with greater reductions, its proposal 
eradicates the historical distinction between aircraft certification 
and operations, of which noise is only a minor part. Moreover, AReCO's 
proposal does not address the practical aspects of aviation operations, 
the costs inherent in such a change in methodology, the costs imposed 
by the proposed framework, and the limits on the regulatory authority 
of the FAA in restricting commercial aircraft operations.
    On a related issue, several commenters indicated that a greater 
reduction is warranted because, as the FAA noted in the NPRM, many of 
the airplanes in production today can meet the proposed Stage 4 
standard with little adjustment. As noted previously, airplanes 
manufactured today are not required to be as quiet as many of them are; 
their noise levels at certification are well below Stage 3 but are not 
allowed to be called anything other than Stage 3. Commenters who 
suggest that the Stage

[[Page 38744]]

4 standard is not strict enough because it fails to place a significant 
compliance burden on the industry, fail to give credit to manufacturers 
that have already worked to reduce noise before being required to do 
so. Noise reduction technology does not come without cost and 
additional operating expense over the average 30-year life of an 
airplane. None of the commenters that suggested stricter limits 
presented any information suggesting how these reductions might be 
accomplished, how they apply to current technology, how much they would 
cost, or the amount of benefit that would be generated by stricter 
limits. The FAA cannot adopt a stricter standard simply based on some 
generalized idea that the industry should absorb the cost, regardless 
of what it might be.

Standards Related to Operational Restrictions

    Some commenters suggest both a higher reduction and a retroactive 
application of it to older airplanes. As noted above, certification 
standards only become applicable to older airplanes when the 
operational rules force them to be either modified to meet the new 
operational rules, or removed from service. The FAA has not proposed 
the operational phaseout of Stage 3 airplanes over 75,000 pounds.
    In several instances, commenters adamantly request that the FAA 
restrict the operation of aircraft under 75,000 pounds. Such comments 
are beyond the scope of this rulemaking, which proposes only the 
establishment of a Stage 4 noise certification standard. The FAA has no 
current plan to restrict the operation of aircraft under 75,000 pounds.

Incorporation by Reference

    Four commenters (and many of the form letters) took issue with the 
FAA's proposed incorporation by reference (IBR) of the ICAO Chapter 4 
noise levels. They criticized the FAA for the limited availability of 
the ICAO document (because ICAO charges for its publications), 
indicating that the proposed rule cannot be analyzed fully without it. 
One commenter refers to IBR as a ``vague status'' that forces legal 
interpretation of the document to stay with the FAA. AReCO calls IBR a 
``questionable practice'' and states that there is ``no good reason'' 
to use it. AReCO also states that it believes that IBR is used to 
``reference a document that is of a changing nature'' to avoid future 
rule changes when the underlying IBR document changes, but that goal is 
defeated in the proposed rule since a specific document is identified. 
AReCO also charges that IBR removes public access to the regulations 
and leaves them in the hands of only corporate bodies that have the 
documents in their possession. Two commenters express a general 
disapproval with IBR that appear to echo the more detailed comments. 
General comments in the form letters also referred to IBR as 
inappropriate.
    FAA Response: The comments indicate a lack of understanding of the 
reasons for using incorporation by reference (IBR) generally, and the 
FAA's goal in using it in this specific instance.
    The differences between aircraft certificated to U.S. Stage 3 and 
those certificated to ICAO Chapter 3 are slight, but they have proved 
significant. The FAA has been tasked with assisting air carriers that 
encounter problems when operating overseas that go back to these 
differences. Further, the FAA has been committed to and has invested 
significant resources in the international harmonization of aircraft 
noise certification standards and methods as a means of reducing the 
burdens and costs associated with certification testing. These goals 
can be hampered by minor language differences.
    The proposed Stage 4 standard represents a new approach by the FAA 
in noise certification. While the United States agreed to the maximum 
noise levels that define ICAO Chapter 4, the FAA was faced with 
balancing the Chapter 4 language with U.S. publication requirements and 
the framework and technical language of Part 36. The FAA was concerned 
that as differences accrued, it would again be forced to resolve 
questions by a foreign authority whether an aircraft meets or is 
equivalent to Chapter 4.
    The FAA proposed the adoption of the Stage 4 standard by 
incorporating by reference some parts of the actual text of ICAO Annex 
16 Chapter 4 to ensure identicality in the noise standard, and to make 
clear the intent of the United States to recognize the ICAO standard. 
Incorporation by reference is a time-tested technique for the FAA to 
adopt technical language and standards that it would otherwise have to 
restate completely without any benefit and with substantial risk of 
mistake, conversion errors and misinterpretation.
    While adoption of a document that is not readily available could be 
viewed as problematic, the Chapter 4 standard comprises one printed 
page, and the FAA did its best to restate the content in the preamble 
to the NPRM. The FAA concluded that a review of the document by someone 
not using it for actual noise certification purposes would not reveal 
anything not stated in the NPRM. In fact, the paucity of the Chapter 4 
document led the FAA to include a broader preamble explanation of the 
proposed standard than a mere reading of the document could provide.
    The use of IBR in this instance is entirely appropriate for 
adopting technical language and standards. When the FAA actually 
incorporates a document in a final rule, a copy of the incorporated 
document is included with the rule, and is placed on file permanently 
and is available for inspection at the Federal Register. This is a 
requirement for every incorporated document precisely to prevent the 
situation that regulatory standards be adopted using provisions in 
documents available to a select few. Use of IBR does not avoid future 
rule changes. To change a rule that uses an incorporated document, an 
agency must undertake full rulemaking to introduce a later version, 
since it adopts a different standard.
    To the extent that the commenter believes that incorporation by 
reference changes the legal status of an incorporated document, the FAA 
disagrees. The agency knows of no such status granted to incorporated 
documents other than that the portions incorporated become part of the 
overall regulation, subject to the same legal review.
    A review of the comments did cause the FAA to examine its IBR 
proposal more closely, however, and we discovered a problem that has to 
do with the way the Chapter 4 standard is stated. When ICAO adopted 
Chapter 4 into Annex 16, it did so as an ``add on'' to Chapter 3, using 
the maximum noise levels stated in Chapter 3 and reducing them. 
Adoption of the Chapter 4 document alone would not provide a complete 
regulatory basis for a certification applicant trying to comply with 
it, since Chapter 3 would be an unincorporated basis. Consequently, the 
FAA has changed the final rule to more specifically incorporate the 
noise levels of Annex 16 Chapter 4, Paragraph 4.4, Maximum Noise 
Levels, and those of Chapter 3, Paragraph 3.4, Maximum Noise Levels, on 
which they are based.
    The FAA has also determined from the comments that proposed Sec.  
36.105(a) could be misinterpreted to change the requirements for noise 
certification for aircraft certificated to Annex 16 in their country of 
origin. No intent to change the certification requirements of bilateral 
airworthiness agreements was intended, The regulations seek the 
recognition of the operational equivalency of Stage 4 and Chapter 4 
airplanes, and encourage other certification authorities to make 
similar

[[Page 38745]]

findings. Accordingly, paragraph (a) of the proposed regulation has 
been eliminated in the final rule.
    The FAA is sensitive to the concern that too much incorporation by 
reference potentially weakens its own regulatory standards. In choosing 
to state the Stage 4 standard by minimal references to Annex 16 
Chapters 3 and 4, the agency has not in any manner diluted its 
regulatory authority or standards. Rather, the FAA is seeking to 
minimize any perceived differences between aircraft certificated in the 
United States and elsewhere. This is a significant first step in 
worldwide acceptability. With the adoption of Chapter 4 noise levels 
and the addition of statements in aircraft flight manuals, the FAA 
seeks to lead the call for the worldwide operational acceptance of 
Stage 4/Chapter 4 aircraft as indistinguishable.
    Moreover, the incorporated document will only be used by a handful 
of aircraft manufacturers worldwide, which makes it even more 
appropriate for incorporation. The IBR process and access to the 
document do not change the fact that the United States already agreed 
to the standard it contains. The same commenters who object to IBR 
already acknowledge what standard it contains, even if they disagree as 
to its propriety. Disagreeing with the noise levels represented by the 
Stage 4 standard should not be confused with the form of its adoption 
into the regulations.
    The FAA concludes that the benefits of incorporating parts of 
Chapter 4 far outweigh any benefit that could be imagined by 
restatement of it into part 36. The FAA is choosing to incorporate 
limited sections of the international standard intact and eliminate the 
discrepancies that would accompany the agency's having to maintain the 
part 36 format, serving no purpose in practice.

Annex 16 Amendment Level and References

    The Boeing Company comments that it appreciates the FAA's efforts 
toward adopting uniform noise certification standards. In furtherance 
of this objective, Boeing requests that the FAA adopt Amendment 8 to 
Annex 16, rather than Amendment 7 as proposed. A review of Amendment 8 
indicates that the changes do not affect the noise levels of Chapter 3 
or Chapter 4 that are being incorporated in this final rule. Most of 
the changes to Amendment 8 are minor technical changes in Appendix 2 
(which is also being incorporated as an alternate method of compliance 
testing), and the rest are more recent revisions to the material that 
would appear in Advisory Circulars and other guidance material that 
will be issued after the final rule is adopted.
    FAA Response: The FAA agrees that adoption of the later amendment 
might better serve the purposes of harmonization. However, to use 
Amendment 8 in our incorporation by reference, we would be forced to 
wait for ICAO to actually publish that amendment, which is not expected 
until November 2005. In lieu of waiting for publication of Amendment 8, 
we are issuing this rule using Amendment 7, as proposed in the NPRM.
    The comment from Transport Canada suggests several changes to the 
references for Annex 16, including elimination of the designation 
``Third Edition,'' and only making reference to Amendment 7 once. 
Transport Canada also suggests that the FAA not include aircraft flight 
manual (AFM) language in Section 36.105, and proposes changes to the 
language regarding type certifications applied for before January 1, 
2006.
    FAA Response: The FAA cannot accept the suggestions of Transport 
Canada. Regulatory publication requirements dictate that the FAA fully 
identify a document being incorporated; the FAA must reference the 
``Third Edition'' of Annex 16, and its Amendment level, since that is 
the title on the cover of the current document. Similarly, the FAA's 
decision to put a date range on optional Stage 4 certification before 
2006 is the result of previous dates in the regulations that require 
more consistency than a simple ``before'' date could supply in this 
instance.
    Finally, the inclusion of AFM language was intentional for Stage 4. 
The FAA is hoping by its inclusion to avoid future disagreements about 
the noise level of individual airplanes when they are operating outside 
the country of original certification. This kind of help has been 
requested by U.S. air carriers, but was not available as an option 
until the FAA made the decision to state the equivalency of Stage 4 
with Chapter 4, as discussed above. The inclusion of this language is 
supported by the Air Transport Association in its comment, agreeing 
that the language ``should minimize the mischief'' that can occur when 
some ICAO member States fail to recognize the noise certification of 
some aircraft.

Effective Date for New Certification

    The proposed rule states that aircraft certificated after January 
1, 2006, must comply with the Stage 4 standard. One commenter indicated 
that it was an ``unreasonable procrastination'' by the FAA, especially 
as it relates to the phaseout of Stage 3 airplanes (which the FAA has 
not proposed). Another commenter states that the date is the ``ICAO 
imposed * * * requirement on only new engines produced after 2006, with 
no retroactive actions applied to the existing fleet * * *.''
    FAA Response: Comments concerning the proposed effective date for 
new certification reflect the same misunderstanding of the noise 
certification framework noted above. This rule deals with aircraft 
certification and does not change current noise operating rules. Before 
the FAA would consider any new operational limits, we would examine 
phasing out the production of noisier airplanes. A new regulatory 
standard cannot be imposed overnight without significant economic 
impact; in this case, it will be approximately one year from the date 
this rule is effective, which would be short in the context of new 
aircraft design standards if the efforts had not already been the topic 
of continued international coordination through ICAO. The date proposed 
for new certification is the same one used in Chapter 4; it applies to 
new aircraft certification, not simply engines. Aircraft engines do not 
by themselves receive a noise stage designation; they must be paired 
and tested with an airframe to undergo noise certification testing. 
Further, no certification standard has ever been applied retroactively 
to operating airplanes unless it is mandated through the operating 
rules.

Derivative Aircraft

    Congressman Anthony Weiner comments that the proposed rule fails to 
close the ``derivative loophole'' that would allow for an aircraft 
certificated after January 1, 2006, to meet only Stage 3 noise levels.
    FAA Response: The term ``derivative'' airplane has no formalized 
definition, and is not used in Title 14. It is often used colloquially 
to refer to a later model of an already certificated aircraft. The 
concept and the practice have existed for the last 50 years; it is the 
nature of certification standards. Nor is the concept limited to noise 
certification, and any discussion of limiting still-undefined 
``derivatives'' would necessarily involve considerable airworthiness 
and production certification issues that are not the subject of this 
rulemaking, which is limited to new type designs.
    Further, while it is true that a manufacturer could choose to 
maintain Stage 3 approval for a newer version

[[Page 38746]]

aircraft model after January 1, 2006, it would likely incur a 
competitive disadvantage. At some point, Stage 3 airplanes will be 
considered old technology, and given the significant cost of an 
aircraft, an investment in a Stage 3 derivative will be of lesser value 
once Stage 4 aircraft are a commercial option. However, it remains the 
choice of the manufacturer to continue producing already certificated 
versions of airplanes, and newer versions whose modifications do not 
cause it to need a new type certificate.

Cessation of Stage 3 Aircraft Production

    The Raleigh Durham Airport Authority states that this rulemaking 
should be expanded to mandate that all subsonic jet and large transport 
category aircraft produced after January 1, 2006 be required to meet 
Stage 4 standards, even if type certificated before that date, and 
cites as precedent a 1973 action by the FAA that required airplanes 
manufactured after that time to meet Stage 2 noise levels.
    FAA Response: The comment illustrates the confusion noted 
previously, but reiterates a point made earlier. The FAA's actions 
regarding the establishment of Stage 2 standards cannot be directly 
compared to its actions now. In the late 1960's, the FAA was authorized 
to regulate aircraft noise. When part 36 was established, it simply 
divided the then-current fleet of aircraft into those that met a 
certain noise standard, and those that exceeded it. These two 
categories would eventually become known as Stage 1 and Stage 2, but 
they were not called that at the time. When the FAA proposed new noise 
limits in 1977, we indicated that the regulations would recognize three 
categories of aircraft noise, and the Stage 1, 2, and 3 designations 
came into being. It was at that time that the FAA began the pattern of 
declaring a limit for a new lower standard, mandating a date for new 
certification applicants to begin applying the standard (both of which 
we are accomplishing here), and eventually phasing out the operation of 
the noisier airplanes.
    Commenters criticize the FAA that the process took almost 25 years 
to eliminate Stage 2 airplanes over 75,000 pounds. Failure to 
accomplish these tasks in an orderly and time-sensitive fashion would 
have dramatic economic consequences, and undermine the ability to 
purchase newer, quieter aircraft, further delaying the benefits of 
their addition to the U.S. fleet. However, the FAA is required to 
consider both the costs and benefits of every change to the 
regulations. Noise regulation can be an extraordinarily expensive 
burden when forced too fast. As illustrated in the phaseout of Stage 2 
airplanes, which was mandated by Congress, even a small change in 
compliance dates could cause exponential cost increases when airplanes 
are forced into early retirement. The fact that quieter airplanes are 
technologically feasible does not translate to a case for rapid 
disposal of everything currently operating or indeed still being 
produced. To insist on such an approach is to deny the economic 
realities of the industry and the regulatory cost-benefit requirements 
that the FAA must meet when proposing stricter noise standards.

ICAO Economic Analysis

    In its comment, AReCO takes issue with the ICAO/CAEP assessment of 
the costs and benefits associated with the Chapter 4 standard. AReCO 
states that ICAO accounts only for the airline industry costs, and not 
the costs to ``airports, noise impacted citizens and taxpayers.'' AReCO 
claims that reliance on the analysis means ``the decision on Stage 4 
noise specifications is inherently flawed,'' and notes that the FAA 
should abandon the incorporation of any part of Chapter 4 ``because the 
basis of the costs/benefits of the decision making process were 
incomplete and inadequate.''
    FAA Response: The FAA included the ICAO/CAEP economic analysis of 
Chapter 4 in the NPRM for this rule simply as background. It was 
included to show that economic analysis is conducted outside of the 
U.S. regulatory process and was used in the decision to make the 
Chapter 4 standard 10dB quieter than Chapter 3. As a member of ICAO/
CAEP, the United States participated in the process, but at no time did 
the FAA ever consider that analysis a replacement for the one required 
when the agency proposes a rule.
    The FAA conducted the economic analyses of the proposed rule as 
required. Commenters such as AReCO do not appear to understand that the 
evaluation was limited to what the rule proposed, that is, a 
consideration of the costs imposed by the adoption of the Stage 4 
standard on aircraft type certificated in the United States after 
January 1, 2006. The only costs of this regulation would be on those 
who have to comply with it `` the manufacturers of new aircraft that 
seek new type certificates after that date. There will be a net benefit 
to airports and citizens in terms of quieter aircraft built to the new, 
more stringent standard, because the alternative is to leave the 
current Stage 3 standard in place.
    Environmental v. Economic Analysis
    Several commenters noted that the NPRM devoted considerably more 
space to the evaluation of the economic impact of the proposed rule 
than it did for the environmental analysis, and one commenter objects 
to the Environmental Analysis finding that the proposed rule qualifies 
for a categorical exclusion.
    FAA Response: The FAA conducted all of the economic analyses 
required. As explained above, the only costs were found to be on the 
entities that must comply with the rule, manufacturers of aircraft. The 
type of analysis conducted for the environmental portion occurred 
because the categorical exclusion applies--the rule is seen as having a 
positive environmental effect (quieter future airplanes). The adoption 
of the Stage 4 standard, with its stricter noise requirement, will have 
no negative effect on the environment, so no further analysis is 
required. The required Environmental Analysis does not mandate an 
agency to compare a proposed rule to one or more alternatives that 
might have a different environmental impact, as the commenters appear 
to suggest. Rather, similar to the economic analysis, the potential 
environmental impact of the rule is analyzed only for its differences 
with the current requirements.

Outside the Scope of the NPRM

    Approximately 35 commenters are residents of the area near Santa 
Monica airport, and sent form letters or letters that used identical 
blocks of text. Most of these comments take issue with the 
applicability of the proposed rule on aircraft under 75,000 pounds, the 
lack of a proposed phaseout of Stage 3 aircraft, and the U.S. 
negotiations at ICAO, all of which have been addressed above. Many of 
these commenters also state personal objections to the amount of 
business aviation air traffic at Santa Monica Airport, and the noise 
and pollution it generates.
    FAA Response: The FAA is aware of the issues raised by the southern 
California residents and others regarding their local airports, but 
this rule is not intended to address any of those issues. This rule 
will apply to aircraft of less than 75,000 pounds when they are type 
certificated, but it does not affect the operation of any aircraft of 
any weight. Accordingly, all comments concerning local airport noise 
and emissions issues and a change in the operating status of airplanes 
weighing less than 75,000 pounds are considered beyond the scope of the 
rulemaking and will not be addressed further.

[[Page 38747]]

Summary of Changes to the Final Rule

    There are no substantive changes being made to the final rule. The 
following is a summary of the differences between the proposed and 
final rule.
    1. We are specifying that the incorporated parts of Annex 16 are 
Chapter 3, Paragraph 3.4, Chapter 4, Paragraph 4.4, and Appendix 2, as 
they appear in Amendment 7.
    2. We are splitting the text of Sec.  B36.1 into two parts for 
clarity. The first two sentences of the paragraph are general; the last 
two are limited to Stage 4 certification. Some confusion arose when 
this was not immediately recognized. This is a format change only.
    3. The definition of ``Chapter 4 Noise Level'' is clarified by 
including a more specific reference to the incorporated paragraph of 
Annex 16. The definition proposed in Sec.  91.851 included a statement 
about equivalency which does not belong in a definition; that sentence 
was removed so that the definitions in part 36 and part 91 for the term 
are the same.
    4. Section 36.6 (e) and Section A36.1.4 have been updated to 
include the correct address where docket material may be viewed.
    5. Paragraph (a) of proposed Sec.  36.105 has been removed. 
Confusion was expressed as to whether the inclusion of the equivalency 
statement in Part 36 changed the methods or requirements for noise 
certification approval of aircraft certificated under Annex 16. As 
indicated in the discussion above, no such change was intended to the 
existing certification procedures in place under current bilateral 
airworthiness agreements, and the paragraph was removed to eliminate 
any confusion. The balance of the section is adopted as proposed as a 
single paragraph.
    Except for these editorial changes, the rule is adopted as 
proposed.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44715, Controlling aircraft 
noise and sonic boom. Under that section, the FAA is charged with 
prescribing regulations to measure and abate aircraft noise. This 
regulation is within the scope of that authority since it sets a new 
maximum noise limit for aircraft that are type certificated after 
January 1, 2006, and represents the FAA's continuing effort to abate 
the effects of aircraft noise on the public.

Paperwork Reduction Act

    There are no current or new requirements for information collection 
associated with this amendment.
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
is no new information collection associated with this rule.

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 regulations.

Economic Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency 
proposing or adopting a regulation to proceed 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, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) 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 we determine that the expected 
impact is so minimal that the final regulation does not warrant a full 
evaluation, a statement to that effect and the basis for it is included 
in the final regulation.
    This final rule will establish a new Stage 4 noise standard for 
subsonic jet airplanes and subsonic transport category large airplanes. 
The noise standard will apply to applicants for a new type design 
submitted on or after January 1, 2006. The noise standard will provide 
noise certification standards for Stage 4 airplanes certificated in the 
United States that will be consistent with those airplanes certificated 
under the International Civil Aviation Organization Annex 16 Chapter 4 
noise standards and would ensure that the best available, economically 
reasonable, and technologically practicable noise reduction 
technologies will be incorporated into the aircraft design. The final 
rule was developed by assessing the feasibility and availability of the 
best noise abatement technologies (i.e., best practices) for turbojet 
powered and propeller-driven large airplanes. The stringency 
alternatives were judged against the database of current and projected 
airplanes that incorporate the best practices. The aviation industry is 
currently producing airplanes that can meet the Stage 4 standards. All 
but four aircraft currently being produced are expected to be able to 
meet the final rule's standards. The FAA found that under current 
industry practice three of the four airplane configurations that do not 
meet the Stage 4 noise standard have one or more other configurations 
that do so. The remaining configuration corresponds to an airplane that 
was type certified in 1981. In 2006, when the proposed rule becomes 
effective, all new type designs for subsonic jet airplanes and subsonic 
transport category large airplanes will be able to incorporate noise 
reduction technologies to meet the Stage 4 noise standard. Therefore, 
the expected impact of the final rule will be minimal, if any, cost. 
The final rule could impose weight and engine constraints on certain 
aircraft configurations. The FAA called for comments from entities that 
could be negatively impacted as a result of any weight and engine 
constraint; however, the FAA received no comments mentioning any 
negative impact as a result of weight and engine constraints.
    The FAA has determined that this rule will impose only minimal 
costs or other economic impacts on any

[[Page 38748]]

individual or entity; consequently, no economic evaluation was 
prepared.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) 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 principle, the RFA 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 RFA provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    In view of the minimal cost impact of the final rule, the FAA has 
determined that this final rule would have no significant economic 
impact on a substantial number of small entities. Consequently, the FAA 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities.

International Trade Impact Analysis

    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. The FAA has assessed the 
potential effect of this final rule and determined that it would accept 
ICAO standards as the basis for United States regulation.

Unfunded Mandates Reform Act

    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.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II do not apply.

Environmental Analysis

    In accordance with FAA Order 1050.1E, the FAA has determined that 
this action is categorically excluded from environmental review under 
section 102(2)(c) of the National Environmental Policy Act (NEPA). This 
action is categorically excluded under FAA Order 1050.1E, Chapter 3, 
Paragraph 312f, which covers regulations ``excluding those which if 
implemented may cause a significant impact on the human environment.'' 
This rule establishes a new quieter noise standard to be known as Stage 
4. To reduce noise at its source, this new noise standard is ten 
decibels lower than the current Stage 3 standard. The FAA notes that 
the 10 decibel reduction is cumulative i.e., the arithmetic sum of the 
reductions at each of the three measurement points at flyover, lateral, 
and approach. This action would apply to any person filing an 
application for a new airplane type design on and after January 1, 
2006. Finally, this action does not impose a phase-out or any other 
operating limitations to the current fleet. It qualifies for a 
categorical exclusion because no significant impacts to the environment 
are expected to result from its finalization or implementation and no 
extraordinary circumstances exist as prescribed under Chapter 3, 
paragraph 304 of Order 1050.1E.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule 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 Parts 36 and 91

    Aircraft, Incorporation by reference, Noise control, Reporting and 
recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter I of Title 14, Code of Federal Regulations as follows:

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

0
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.


Sec.  36.1  Applicability and definitions.

0
2. Amend Sec.  36.1 by adding new paragraphs (f)(9), (f)(10), and 
(f)(11) to read as follows:
* * * * *
    (f)(9) A ``Stage 4 noise level'' means a noise level at or below 
the Stage 4 noise limit prescribed in section B36.5(d) of appendix B of 
this part.
    (f)(10) A ``Stage 4 airplane'' means an airplane that has been 
shown under this part not to exceed the Stage 4 noise limit prescribed 
in section B36.5(d) of appendix B of this part.
    (f)(11) A ``Chapter 4 noise level'' means a noise level at or below 
the maximum noise level prescribed in Chapter 4, Paragraph 4.4, Maximum 
Noise Levels, of the International Civil Aviation Organization (ICAO) 
Annex 16, Volume I, Amendment 7, effective March 21, 2002. 
[Incorporated by reference, see Sec.  36.6].
* * * * *

0
3. Amend Sec.  36.6 by redesignating paragraph (e)(3) as (e)(4), adding 
paragraphs (c)(3), (d)(3), and (e)(3), and revising paragraph (e)(1) to 
read as follows:


Sec.  36.6  Incorporation by reference.

* * * * *
    (c) * * *
    (3) International Standards and Recommended Practices entitled 
``Environmental Protection, Annex 16 to

[[Page 38749]]

the Convention on International Civil Aviation, Volume I, Aircraft 
Noise'', Third Edition, July 1993, Amendment 7, effective March 21, 
2002.
    (d) * * *
    (3) ICAO publications. International Civil Aviation Organization 
(ICAO), Document Sales Unit, 999 University Street, Montreal, Quebec 
H3C 5H7, Canada.
    (e) * * *
    (1) U.S. Department of Transportation, Docket Management System, 
400 7th Street, SW., Room PL 401, Washington, DC.
    (2) * * *
    (3) The National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

0
4. Amend Sec.  36.7 by adding paragraph (e)(4) and (f) to read as 
follows:


Sec.  36.7  Acoustical change: Transport category large airplanes and 
jet airplanes.

* * * * *
    (e) * * *
    (4) If an airplane is a Stage 3 airplane prior to a change in type 
design, and becomes a Stage 4 after the change in type design, the 
airplane must remain a Stage 4 airplane.
    (f) Stage 4 airplanes. If an airplane is a Stage 4 airplane prior 
to a change in type design, the airplane must remain a Stage 4 airplane 
after the change in type design.

0
5. Amend Sec.  36.103 by revising paragraph (b) and adding a new 
paragraph (c) to read as follows:


Sec.  36.103  Noise limits.

* * * * *
    (b) Type certification applications between November 5, 1975 and 
December 31, 2005. If application is made on or after November 5, 1975, 
and before January 1, 2006, it must be shown that the noise levels of 
the airplane are no greater than the Stage 3 noise limit prescribed in 
section B36.5(c) of appendix B of this part.
    (c) Type certification applications on or after January 1, 2006. If 
application is made on or after January 1, 2006, it must be shown that 
the noise levels of the airplane are no greater than the Stage 4 noise 
limit prescribed in section B36.5(d) of appendix B of this part. Prior 
to January 1, 2006, an applicant may seek voluntary certification to 
Stage 4. If Stage 4 certification is chosen, the requirements of Sec.  
36.7(f) of this part will apply.

0
6. Add new Sec.  36.105 to read as follows:


Sec.  36.105  Flight Manual Statement of Chapter 4 equivalency.

    For each airplane that meets the requirements for Stage 4 
certification, the Airplane Flight Manual or operations manual must 
include the following statement: ``The following noise levels comply 
with part 36, Appendix B, Stage 4 maximum noise level requirements and 
were obtained by analysis of approved data from noise tests conducted 
under the provisions of part 36 Amendment (insert part 36 amendment 
number). The noise measurement and evaluation procedures used to obtain 
these noise levels are considered by the FAA to be equivalent to the 
Chapter 4 noise level required by the International Civil Aviation 
Organization (ICAO) in Annex 16, Volume I, Appendix 2, Amendment 7, 
effective March 21, 2002.'' [Incorporated by reference, see Sec.  
36.6].

Appendix A to Part 36--[Amended]

0
7. Amend Sec.  A36.1 by adding paragraph A36.1.4 to read as follows:


Sec.  A36.1  Introduction.

* * * * *
    A36.1.4 For Stage 4 airplanes, an acceptable alternate for noise 
measurement and evaluation is Appendix 2 to the International Civil 
Aviation Organization (ICAO) Annex 16, Environmental Protection, 
Volume I, Aircraft Noise, Third Edition, July 1993, Amendment 7, 
effective March 21, 2002. [Incorporated by reference, see Sec.  
36.6].
* * * * *

Appendix B to Part 36--[Amended]

0
8. Revise Sec.  B36.1 to read as follows:


Sec.  B36.1  Noise measurement and evaluation.

    (a) The procedures of Appendix A of this part, or approved 
equivalent procedures, must be used to determine noise levels of an 
airplane. These noise levels must be used to show compliance with 
the requirements of this appendix.
    (b) For Stage 4 airplanes, an acceptable alternative for noise 
measurement and evaluation is Appendix 2 to the International Civil 
Aviation Organization (ICAO) Annex 16, Environmental Protection, 
Volume I, Aircraft Noise, Third Edition, July 1993, Amendment 7, 
effective March 21, 2002. [Incorporated by reference, see Sec.  
36.6].


0
9. Amend Sec.  B36.5 by adding paragraph (d) to read as follows:


Sec.  B36.5  Maximum noise levels.

* * * * *
    (d) For any Stage 4 airplane, the flyover, lateral, and approach 
maximum noise levels are prescribed in Chapter 4, Paragraph 4.4, 
Maximum Noise Levels, and Chapter 3, Paragraph 3.4, Maximum Noise 
Levels, of the International Civil Aviation Organization (ICAO) 
Annex 16, Environmental Protection, Volume I, Aircraft Noise, Third 
Edition, July 1993, Amendment 7, effective March 21, 2002. 
[Incorporated by reference, see Sec.  36.6].

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
10. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506, 46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat 1180).


0
11. Amend Sec.  91.851 by adding new definitions for ``Stage 4 noise 
level'', ``Stage 4 airplane,'' and ``Chapter 4 noise level,'' in 
alphabetical order to read as follows:


Sec.  91.851  Definitions.

* * * * *
    Chapter 4 noise level means a noise level at or below the maximum 
noise level prescribed in Chapter 4, Paragraph 4.4, Maximum Noise 
Levels, of the International Civil Aviation Organization (ICAO) Annex 
16, Volume I, Amendment 7, effective March 21, 2002. The Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51 approved the incorporation by reference of this document, which can 
be obtained from the International Civil Aviation Organization (ICAO), 
Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, 
Canada. Also, you may obtain documents on the Internet at http://www.ICAO.int/eshop/index.cfm. Copies may be reviewed at the U.S. 
Department of Transportation, Docket Management System, 400 7th Street, 
SW., Room PL 401, Washington, DC or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Stage 4 noise level means a noise level at or below the Stage 4 
noise limit prescribed in part 36 of this chapter.
    Stage 4 airplane means an airplane that has been shown not to 
exceed the Stage 4 noise limit prescribed in part 36 of this chapter. A 
Stage 4 airplane complies with all of the noise operating rules of this 
part.

0
12. Revise Sec.  91.853 to read as follows:

[[Page 38750]]

Sec.  91.853  Final compliance: Civil subsonic airplanes.

    Except as provided in Sec.  91.873, after December 31, 1999, no 
person shall operate to or from any airport in the contiguous United 
States any airplane subject to Sec.  91.801(c) of this subpart, unless 
that airplane has been shown to comply with Stage 3 or Stage 4 noise 
levels.

0
13. Amend Sec.  91.855 by revising paragraph (a) to read as follows:


Sec.  91.855  Entry and nonaddition rule.

* * * * *
    (a) The airplane complies with Stage 3 or Stage 4 noise levels.
* * * * *

0
14. Section 91.859 is added to read as follows:


Sec.  91.859  Modification to meet Stage 3 or Stage 4 noise levels.

    For an airplane subject to Sec.  91.801(c) of this subpart and 
otherwise prohibited from operation to or from an airport in the 
contiguous United States by Sec.  91.855, any person may apply for a 
special flight authorization for that airplane to operate in the 
contiguous United States for the purpose of obtaining modifications to 
meet Stage 3 or Stage 4 noise levels.

    Issued in Washington, DC, on May 27, 2005.
Marion Blakey,
Administrator.
[FR Doc. 05-13076 Filed 7-1-05; 8:45 am]
BILLING CODE 4910-13-P