[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Proposed Rules]
[Pages 1923-1931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32500]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 36 and 91

[Docket No.: FAA-2015-3782; Notice No. 15-08]
RIN 2120-AK52


Stage 5 Airplane Noise Standards

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would establish a new noise standard for certain 
subsonic jet airplanes and subsonic transport category large airplanes. 
This noise standard, known as Stage 5, would apply to any person 
submitting an application for a new airplane type design with a maximum 
certificated takeoff weight of 121,254 pounds (55,000 kg) or more on or 
after December 31, 2017; or with maximum certificated takeoff weight of 
less than 121,254 pounds (55,000 kg) on or after December 31, 2020. 
This change would reduce the noise produced by new airplanes and 
harmonize the noise certification standards for those airplanes 
certificated in the United States with the new International Civil 
Aviation Organization noise standard in Annex 16, Chapter 14, effective 
July 14, 2014.

DATES: Send comments on or before April 13, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-3782 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Mehmet Marsan, Office of Environment and Energy 
(AEE-100), Federal Aviation Administration, 800 Independence Avenue 
SW., Washington, DC 20591; telephone (202) 267-7703; facsimile (202) 
267-5594; email [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on 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 would 
establish stricter noise limits for certain newly certificated 
airplanes. Applicants for type certificates and changes in type design 
made after the dates proposed in this rulemaking would be required to 
comply with the new regulation when adopted.

I. Executive Summary

A. Summary of the Proposed Rule

    The FAA is proposing to amend Title 14, Code of Federal Regulations 
(14 CFR) parts 36 and 91 to add a new noise standard to be known as 
Stage 5. This noise standard would apply to any person submitting an 
application for a new airplane that has a maximum certificated takeoff 
weight of 121,254 pounds (55,000 kg) or more on or after December 31, 
2017; or that has a maximum certificated takeoff weight of less than 
121,254 pounds (55,000 kg) on or after December 31, 2020. A 
certification applicant could choose to use this standard on a 
voluntary basis after the rule is effective but before the new limits 
are required.

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B. Summary of Costs and Benefits

    The FAA anticipates that by the time this proposed rule would 
become effective (after December 31, 2017 for subsonic transport 
category large airplanes and subsonic jet airplanes, and after December 
31, 2020 for smaller versions of the subject airplanes), existing noise 
reduction technologies will allow subject airplanes to comply with 
these proposed requirements. Accordingly, the proposed rule would have 
minimal, if any, cost.

II. Background

A. Statement of the Problem

    In October 2001, the 33rd Session of The International Civil 
Aviation Organization (ICAO) Assembly adopted Resolution A33-7, which 
outlined the basic components of a ``Balanced Approach'' process for 
managing aircraft noise at international airports. The Balanced 
Approach to noise mitigation includes (i) the reduction of noise at its 
source (i.e., the aircraft), (ii) improved land use planning around 
airports, and (iii) a wider use of aircraft operating procedures and 
restrictions that abate noise.
    As source noise reduction technology evolves, ICAO introduces new 
standards to encourage its application. In March 2014, ICAO published a 
new, more stringent noise standard (which it designated Chapter 14) for 
subsonic jet airplanes and subsonic transport category large airplanes. 
This new standard became applicable on January 1, 2015 in those 
countries that use Annex 16 Volume I as the basis for their aircraft 
noise certification regulations. As an active member of ICAO, the 
United States supported the development of this quieter, more stringent 
aircraft noise standard.
    Since the new Chapter 14 is effective and can be used by other ICAO 
member countries when certifying aircraft in the future, delay in 
harmonizing U.S. regulations with the standards of Chapter 14 could 
create a situation in which an airplane certification applicant would 
have to show compliance with two different standards--the Stage 4 
requirement in 14 CFR part 36 and the Chapter 14 requirements of 
countries that have adopted Annex 16. This circumstance could 
significantly increase the financial burden on applicants without any 
benefit.
    The adoption of the Stage 5 noise standard for new airplane type 
designs should not be interpreted as signaling the start of an action 
aimed at phasing out the existing noise standards that apply to the 
production or operation of current airplane models. There are no 
operational restrictions nor production cut-offs on the use of Stage 3 
or Stage 4 airplanes in the United States. The adoption of the Stage 5 
noise standard for new airplane type designs does not impact either of 
these existing noise standards that apply to the production or 
operation of current airplane models in the United States.

B. A Brief History of U.S. Noise Standards

     1969--The FAA promulgated the first aircraft noise 
regulations in 14 CFR part 36 (``Noise Standards: Aircraft Type 
Certification''). The new part 36 became effective on December 1, 1969, 
and set a limit on noise emissions of large aircraft of new type design 
by establishing Stage 2 certification standards.
     1972--The U.S. Congress enacted the Noise Control Act, 
which gave the FAA authority to set limits for aircraft noise 
emissions. Under this authority, the FAA amended part 36 in 1973 to 
give a noise stage designation to all newly produced airplanes.
     1976--The FAA amended the aircraft operating rules of 14 
CFR part 91 by adding a new Subpart E entitled ``Operating Noise 
Limits.'' This regulation established a phased compliance program for 
U.S. domestic operators that required them to achieve compliance with 
Stage 2 or Stage 3 certification standards for all four-engine jet 
airplanes by January 1, 1985.
     1977--The FAA amended part 36 to provide for three stages 
of aircraft noise, each with specified limits. This regulation required 
applicants for new type certificates applied for on or after November 
5, 1975, to comply with ``Stage 3'' noise limits, which were stricter 
than the noise limits then being applied. Airplanes in operation at the 
time that did not meet the Stage 3 noise limits were designated ``Stage 
2'' airplanes.
     1980--Congress enacted the Aviation Safety and Noise 
Abatement Act of 1979 (ASNA). The ASNA required the FAA to promulgate 
regulations that extended the application of the January 1, 1985, 
cutoff date for the domestic operation of four-engine Stage 1 jet 
airplanes to apply to U.S. and foreign operators. In 1980, the 1985 
operation deadline was made applicable to both domestic and 
international operations arriving to or departing from a point in the 
United States.
     1990--Recognizing the need to both expand airport capacity 
and provide relief from aviation noise, Congress enacted the Airport 
Noise and Capacity Act of 1990 (ANCA) on November 5, 1990 (now codified 
at 49 U.S.C. 47521-47533). The statute required that, after December 
31, 1999, all jet airplanes over 75,000 pounds operating in the 
contiguous United States comply with Stage 3. The regulations 
implementing the part of the ANCA known as the Stage 3 transition rule 
became effective on September 25, 1991, and are codified in part 91. 
The 1991 regulations provided two options to transition domestic fleets 
to meet this requirement. One option allowed an operator to phase out 
its Stage 2 airplanes to specified percentages at each compliance date. 
The second option allowed operators to begin with a fleet that was at 
least 55 percent Stage 3 and increase that percentage at each 
compliance date. A new entrant operator (one that did not conduct 
operations on or before November 5, 1990) was required to have a fleet 
of at least 25 percent Stage 3 airplanes at the first compliance date 
and increase the percentage thereafter. All operators were required to 
operate 100 percent Stage 3 fleets after December 31, 1999. The 
transition percentages did not apply to non-U.S. operators, though they 
too remain subject to the operating limitation after December 31, 1999.
     1991--Congress enacted a separate Stage 2 restriction for 
operations in Hawaii.
     2005--The FAA amended part 36 to establish a new quieter 
noise standard to be known as Stage 4. This noise standard applied to 
any person submitting an application for a new airplane type design on 
and after January 1, 2006. Previous Stage 2 and Stage 3 stringencies 
specified reductions at each noise certification measurement point 
(flyover, lateral, and approach). Stage 4 combined the three 
traditional measurement points allowing a total cumulative reduction 
without specifying reductions at any one measurement point.
     2012--Congress prohibited the operation of jet airplanes 
weighing less than 75,000 pounds from operating in the contiguous 
United States after December 31, 2015, unless the airplane met Stage 3 
noise levels.

C. Development of the Stage 5 Noise Standard

    Much of the background for the development of a Stage 5 noise 
standard has taken place in the international arena through ICAO. The 
environmental activities of ICAO are largely undertaken through the 
Committee on Aviation Environmental Protection (CAEP), which was 
established by ICAO in 1983, and which superseded the

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Committee on Aircraft Noise and the Committee on Aircraft Engine 
Emissions. The CAEP assists 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, with at 
least one U.S. representative participating on each of the five working 
groups of CAEP.
    In 2010, the CAEP Working Group for Noise (WG1) was tasked to 
develop options to further reduce airplane noise levels. The WG1 met 
several times over two years to accomplish the task. Representatives of 
Working Group 2 for Airports and Operations, the Modeling and Databases 
Group, and the Forecast Economic Analysis Support Group participated in 
the WG1 meetings to acquaint themselves with noise stringency options 
and to help WG1 define noise data requirements.
    The WG1 considered five more stringent noise certification options 
for analysis. The new stringency options for analysis were based on the 
``cumulative'' concept of Chapter 4, rather than the ``traditional'' 
option with specified reductions at each noise certification 
measurement point (flyover, lateral, and approach) of Stage 2 and Stage 
3. The five cumulative options analyzed were 3, 5, 7, 9 and 11 decibel 
reductions from the Chapter 4/Stage 4 levels respectively.
    In reaching a recommendation for a new ICAO noise standard for 
subsonic jet and large transport airplanes, the CAEP considered 
estimates of comprehensive costs and benefits associated with the five 
options. The technical working groups charged by the CAEP to conduct 
the costs and benefits analysis used several supporting studies 
conducted by other CAEP working groups.\1\
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    \1\ The U.S. also conducted a cost/benefit analysis to assess 
the interdependencies associated with the noise stringency options 
under consideration by CAEP. The analysis took into consideration 
the environmental impacts of the stringency options (including 
assessing the health and welfare impacts) and, quantified 
interdependencies in terms of physical and monetary impacts for 
aircraft-related noise, fuel burn and emissions.
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    A CAEP Steering Group met in July 2012 to review the results of the 
analysis prepared by the CAEP working groups and to formulate specific 
recommendations on the new standard and on applicability options that 
were to be forwarded to the full CAEP.
    In February of 2013, the comprehensive costs and benefits analyses 
of the five stringency options that were prepared by the working groups 
and the parallel analysis prepared by the United States were presented 
at the ninth meeting of CAEP (CAEP9) in February 2013. After lengthy 
discussions, the CAEP9 agreed to approve an amendment to Annex 16, 
Volume I that included an increase in stringency of 7 EPNdB 
(cumulative) relative to the current Chapter 4 levels. In addition, the 
CAEP9 approved the WG1 recommendation to increase the stringency for 
takeoff weights less than 19,000 pounds (8618Kg).
    At the 201st Session of the ICAO Council on March 3, 2014, the new 
Chapter 14 noise standard in Annex 16 was adopted. The new noise 
standard, which became effective July 14, 2014, applies to any 
application for new type designs submitted on or after December 31, 
2017 for aircraft weighing 55,000Kg or more; for aircraft weighing less 
than 55,000Kg at takeoff, the applicability date is December 31, 2020.

III. Discussion of the Proposal

    The FAA is proposing to establish a new Stage 5 noise standard in 
part 36 for subsonic jet airplanes and subsonic transport category 
large airplanes. This new noise standard would ensure that the noise 
from new airplane designs continues to decline, and anticipates the 
incorporation of the latest available noise reduction technology. The 
proposed Stage 5 noise standard mirrors the ICAO Annex 16, Chapter 14 
noise standard. The following is a discussion of the specific proposed 
changes to the certification standards in part 36 and its appendices 
and the operating rules of part 91 that are necessary to establish the 
proposed Stage 5 noise standard.

A. Definitions (Sec.  36.1 and Sec.  91.851)

    The FAA is proposing to add the following three terms to both Sec.  
36.1(f) and Sec.  91.851: ``Stage 5 noise level'', ``Stage 5 airplane'' 
and ``Chapter 14 noise level.'' In Sec.  36.1(f), these terms would be 
designated as paragraphs (f)(12), (f)(13), and (f)(14) respectively. In 
Sec.  91.851, the defined terms are listed alphabetically and these 
three new terms would be inserted accordingly.
    The first term, Stage 5 Noise Level, is the designation for maximum 
permitted noise levels for the proposed standard. The second term, 
Stage 5 airplane, is the designation given to an airplane that complies 
with the proposed standard. The third term, ``Chapter 14 noise level'', 
is the ICAO Annex 16, Volume 1 designation that corresponds to the 
Stage 5 noise level.

B. Incorporation by Reference (Sec.  36.6)

    The FAA is proposing to add a new paragraph (c)(4) to Sec.  36.6 to 
incorporate by reference ICAO Annex 16, Volume 1, Aircraft Noise, 
Seventh Edition, July 2014, Amendment 11-B. This change allows full 
reference to the 2014 version of the ICAO document that includes the 
Chapter 14 requirements for noise measurement and evaluation and the 
maximum acceptable noise levels. Amendment 11-B introduced the more 
stringent standard designated Chapter 14 (proposed here as Stage 5 in 
the United States) and includes a new Chapter 13 for tiltrotor aircraft 
noise standards. The Annex 16 documents are available for purchase by 
any interested person from ICAO.

C. Acoustical Changes (Sec.  36.7)

    The FAA is proposing to amend Sec.  36.7 to include the Stage 5 
designation. The regulation prohibits certificated airplanes from 
adopting a design change that increases noise to the point that a lower 
noise stage designation is needed.
    Accordingly, a new paragraph (e)(5) is proposed to specify that a 
Stage 3 airplane that becomes a Stage 5 airplane would have to remain a 
Stage 5 airplane. Paragraph (f) would be redesignated (f)(1), and a new 
paragraph (f)(2) would be added to specify that a Stage 4 airplane that 
becomes a Stage 5 airplane would have to remain a Stage 5 airplane. A 
new paragraph (g) would be added to specify that a Stage 5 airplane 
that underwent a change in type design would have to remain a Stage 5 
airplane. Each of these sections apply when an applicant proposes a 
change to a type design that would increase noise levels under the 
acoustical change process described in 14 CFR 21.93(b).

D. Date New Noise Limits Apply (Sec.  36.103)

    The date the proposed Stage 5 noise limits would apply differs 
depending on the maximum certificated take[hyphen]off weight of 
airplane for which type certification is sought:
     For airplanes with a maximum certificated takeoff weight 
of 121,254 pounds (55,000 kg) or more, the new noise limits would apply 
to applications made on and after December 31, 2017;
     For airplanes with a maximum certificated takeoff weight 
less than 121,254 pounds (55,000 kg), the new noise limits would apply 
to applications made on and after December 31, 2020.
    As the dates for the new Stage 5 standard approaches, an applicant 
may find that its airplane meets the Stage 5 noise limits before they 
are required. Once the Stage 5 standard is effective, the applicant may 
choose to have the airplane certificated to Stage 5 earlier than 
required. The FAA is proposing to amend Sec.  36.103(c) to indicate 
that Stage 4 certification will end on the dates

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specified for Stage 5. We are also proposing two new paragraphs, Sec.  
36.103(d) and (e), stating the dates on which Stage 5 noise limits are 
applicable, depending on the weight of the airplane for which 
certification is sought.

E. Equivalency Statement in Flight Manual (Sec.  36.106)

    The FAA is proposing to add new Sec.  36.106 entitled ``Flight 
Manual statement of Chapter 14 noise level equivalency''. The need for 
a noise level equivalency statement evolved from problems experienced 
by U.S. operators when they were operating outside the United States. 
Because the FAA does not issue noise certificates, some foreign 
entities were confused as to the noise status of U.S. aircraft, and 
questioned whether Stage 3 references in the flight manual were 
sufficient to meet Chapter 3 requirements (especially since the two 
standards were not identical). When the FAA adopted Stage 4 in 2005, we 
included in Sec.  36.105 a requirement to include a statement in the 
manual that the noise levels represent compliance with Stage 4. It then 
states that the FAA considered Stage 4 noise levels to be equivalent to 
the Chapter 4 noise levels required by ICAO countries. It is an 
important distinction that the FAA was not making a finding of 
compliance with Chapter 4, as we have no authority to do so. The 
statement acknowledges that the noise levels are considered by the FAA 
to be the same for the two certification bases.
    Accordingly, we are proposing a similar statement for Chapter 5 
noise levels being the equivalent to the noise levels of Chapter 14. 
Users of the information are encouraged to provide feedback on how 
often this statement has been referenced, and whether any other 
information that might be useful could be included, as a comment to 
this action.

F. Alternative Measurement Procedures (Appendix A to Part 36)

    Appendix A to part 36 prescribes the conditions under which 
airplane noise certification tests must be conducted and describes the 
measurement procedures that must be used in the measurement of airplane 
noise during certification testing. The most recent published ICAO 
measurement procedures that correspond to part 36, Appendix A are in 
Appendix 2 to ICAO Annex 16, Environmental Protection, Volume I, 
Aircraft Noise, Third Edition, July 2014, Amendment 11-B, that became 
applicable January 1, 2015. Before this version was adopted by ICAO 
earlier this year, there had been no substantive changes to the 
measurement procedures in either document since their harmonization in 
2002.
    To account for the changes to Annex 16, the FAA is proposing to add 
a new paragraph to Appendix A, A36.1.5, that would specify Appendix 2 
to ICAO Annex 16, Environmental Protection, Volume I, Aircraft Noise, 
Third Edition, July 2014, Amendment 11-B, effective July 14, 2014, as 
an acceptable alternative for noise measurement and evaluation for 
Stage 5 airplanes. Specifying this acceptable alternative will 
harmonize the noise certification measurement procedures of part 36 
with Annex 16, Volume 1 for Stage 5 airplanes. Since 2002, the FAA has 
allowed the Annex 16 noise measurement and evaluation procedures as an 
alternative to those in part 36 for subsonic jet airplanes and subsonic 
transport category large airplanes in part 36. This use creates a 
nearly uniform noise certification standard for airplanes certified 
both in the United States and in the countries that recognize the Annex 
as their national standard.

G. Stage 5 Maximum Noise Levels (Appendix B to Part 36)

    Appendix B to Part 36 contains the maximum noise levels for 
transport category and jet airplanes, and the noise certification test 
reference procedures and conditions. To comply with Appendix B, an 
applicant must show that noise levels were measured and evaluated using 
the procedures of Appendix A of this part, or an approved equivalent 
procedure.
    In 2005 when the Stage 4 requirements were adopted, section B36.1 
was amended to include the ICAO Annex 16 requirements for noise 
measurement and evaluation as an alternative. We are now proposing to 
amend section B36.1 to include an acceptable alternative for Stage 5 
noise measurement and evaluation. The proposed alternative is Appendix 
2 to ICAO Annex 16, Environmental Protection, Volume I, Aircraft Noise, 
Third Edition, July 2014, Amendment 11-B, applicable January 1, 2015.
    The maximum noise levels for each stage airplane are specified in 
Section B36.5. The FAA is proposing to add the maximum noise levels for 
Stage 5 airplanes as paragraph B36.5(e).

H. Operational Restrictions (Part 91 Subpart I)

    The Airport Noise and Capacity Act of 1990 prohibited the operation 
of civil subsonic jet airplanes over 75,000 pounds in the contiguous 
United States after December 31, 1999, unless they complied with Stage 
3 noise levels. This restriction was codified in the operating rules in 
Sec.  91.853. That section was amended in 2005 to include the operation 
of Stage 4 airplanes when that standard was adopted. The FAA is 
proposing to add the phrase ``or Stage 5'' to include airplanes 
certificated to the new standard.
    Similarly, in 2012, Congress prohibited the operation of civil 
subsonic jet airplanes weighing less than 75,000 pounds from operating 
in the contiguous United States after December 31, 2015, unless they 
comply with Stage 3 noise levels. That restriction was codified in 
Sec.  91.881, to which the FAA now proposes to add the phrase ``Stage 4 
or Stage 5 noise levels'' to include airplanes certificated to the 
quieter standards.
    Similar changes to account for newer certifications are proposed 
for Sec. Sec.  91.855, 91.858, 91.859, 91.881, and 91.883.
    This proposed rule would add a definition to Sec.  81.851 for 
``Chapter 14 noise levels'' to incorporate by reference the definition 
found in ICAO Annex 16, (details). That document is described in 
section III B, above. A change to the format of Sec.  91.851 is being 
made to account for the addition of a second incorporation by reference 
within the definitions. The section will now include the definitions 
themselves in paragraph (a) and the references for the incorporated 
documents in paragraph (b).

I. Chapter 14 Stringencies

    The noise limits adopted by ICAO for Chapter 4 were 10dB lower at 
every weight than the then-existing Chapter 3. However, Chapter 14 
imposes the stringency requirements at different times for different 
aircraft weights it identifies. In addition, for aircraft less than 
8618kgs, the stringencies adopted are not parallel to the Stage 4 
standards.
    The FAA understands the Chapter 14 requirements, proposed here as 
Stage 5, as follows:
    a. An airplane's maximum flyover, lateral and approach noise levels 
are each subtracted from the maximum permitted noise levels for Chapter 
3 airplanes defined in Annex 16. The differences obtained are the noise 
limit margins which must be 17 EPNdB or greater when added together; 
and
    b. An airplane's maximum noise levels (flyover, lateral, and 
approach) have to be at least 1 EPNdB less than the maximum permitted 
noise levels for Chapter 3 airplanes.
    The new standard would apply to new airplane types submitted for 
certification after December 31, 2017 (or December 31, 2020, for 
airplanes

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weighing less than 55,000 kilograms). In addition, the new standard 
includes another condition to the cumulative stringency requirement, to 
require a margin of not less than 1.0 dB below Chapter 3 limits at each 
certification point. Chapter 14 includes a change in the noise limits 
applicable to subsonic jet airplanes with takeoff masses less than 
8,618kg, and added a second ``knee point'' at 8,618kg, to use the same 
gradient of the limit line at lower masses as the higher masses and the 
constant limit line for airplanes with masses less than 2,000kg.
    Annex 16 includes a second applicability date of December 31, 2020, 
for airplanes with a takeoff weight less than 55,000kg. The later 
compliance date was adopted to accommodate regional jet and propeller 
driven aircraft manufacturer's request for time to improve their 
products to meet the new stringency. The manufacturers asserted to CAEP 
that the technologies available for larger aircraft were not available 
for their lighter products because of technical constraints or 
economical unfeasibility. The 2020 applicability date is intended to 
account for the delayed changes in technology for lighter airplanes.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
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 of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) 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 with 
the base year of 1995).
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected impact is so minimal that a proposed or final rule does 
not warrant a full evaluation, this order permits that a statement to 
that effect and the basis for it being included in the preamble if a 
full regulatory evaluation of the costs and benefits is not prepared. 
Such a determination has been made for this proposed rule. The 
reasoning for that determination follows.
    This proposed rule would establish a new Stage 5 noise standard for 
subsonic jet airplanes and subsonic transport category large airplanes. 
The proposed noise standard would apply to new type designs for which 
application is made on or after December 31, 2017, for airplanes with a 
maximum certificated takeoff weight of 121,254 pounds (55,000 
kilograms) or more, and December 31, 2020, for airplanes with a maximum 
certificated takeoff weight of less than 121,254 pounds (55,000 
kilograms).
    The proposed noise standard would provide more stringent noise 
certification standards for Stage 5 airplanes certificated in the 
United States and would be consistent with those for airplanes 
certificated under the new International Civil Aviation Organization 
(ICAO) Annex 16 Chapter 14 noise standards.
    The development of the new ICAO rule was summarized above. 
Additional documents describing the development of the new ICAO rule in 
more detail, including cost analyses used by ICAO, are available in the 
docket. These documents include:
    1. Cost-benefit Analysis of CAEP9 Noise Stringency Options, 
presented by U.S. CAEP Member, COMMITTEE ON AVIATION ENVIRONMENTAL 
PROTECTION (CAEP), NINTH MEETING, Montreal, 4 to 15 February 2013.
    2. Report of the Ninth Meeting, COMMITTEE ON AVIATION ENVIRONMENTAL 
PROTECTION (CAEP), NINTH MEETING, Montreal, 4 to 15 February 2013.
    Several airplanes currently in production that have a maximum 
certificated takeoff weight of more than 121, 254 pounds already meet 
the proposed Stage 5 noise limits. These airplanes include the Airbus 
A-380 and A-350, and the Boeing 747-8 and 787 models.
    The applicability date of December 31, 2020, for airplanes with a 
maximum certificated takeoff weight of less than 121,254 pounds was 
adopted by the ICAO to accommodate the requests of the manufacturers of 
lighter jet and propeller-driven airplanes for more time to meet the 
new requirements. These manufacturers asserted that the technologies 
available for heavier airplanes were not available for their products 
because of technical restraints or economic unfeasibility.
    Aerospace technology is continually evolving. As performance 
improvements are introduced in airplanes for competitive reasons, they 
often result in less noise. For many of the new airplane programs 
announced prior to CAEP9 (2013), analyses show that such airplanes will 
be able to meet the proposed Stage 5 standard without any additional 
cost.
    Recently, there have been technological advances in the lower 
weight classes such as the geared turbofan engine and the development 
of quieter control surfaces. Given these recent technological advances 
in lighter airplanes, the FAA expects all manufacturers to be able meet 
the new standards by the December 31, 2020, date. As this expectation 
is crucial to the minimal cost determination, the FAA requests comments 
regarding whether the existing and expected technological advancements 
will be sufficient to allow the manufacturers to achieve compliance 
with the provisions of the proposed rule by 2020.
    In 2017 and 2020, when the proposed rule would become effective, 
all new type design subsonic transport category large airplanes, 
followed by smaller airplanes, will be able to meet the Stage 5 noise 
limits by using then-current available noise reduction technologies. 
Therefore, the proposed rule would have minimal, if any, cost.

B. Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (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 this principle, agencies are required to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions to assure that such proposals are given 
serious consideration. The RFA 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 rule will 
have a significant economic impact on a

[[Page 1928]]

substantial number of small entities. If the agency determines that it 
will, the agency must prepare a regulatory flexibility analysis as 
described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the 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 2017 and 2020, when the proposed rule would become effective, 
all new type design subsonic transport category large airplanes, 
followed by smaller airplanes, will be able to meet the Stage 5 noise 
limits by using then-current available noise reduction technologies. 
Therefore, the proposed rule would have minimal, if any, cost.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
Therefore, as provided in section 605 (b), the head of the FAA 
certifies that this rulemaking would not result in a significant 
economic impact on a substantial number of small entities.
    The FAA invites industry comments on this determination and 
requests that all comments be accompanied with clear and detailed 
supporting data.

C. International Trade Impact Assessment

    The Trade Agreement Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. 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 proposed rule and 
determined that it would reduce impediments to international traded by 
aligning United States standards with ICAO standards.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 
(in 1995 dollars) 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 $155 million in lieu of $100 
million.
    For the reasons stated above regarding the expected minimal cost of 
this proposed standard, this proposed rule does not contain such a 
mandate. Therefore, the requirements of Title II of the Act do not 
apply.

E. Paperwork Reduction Act

    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. The noise stringency 
requirement proposed here would not require any new collection of 
information and none is associated with this proposed rule. The FAA has 
determined that there would be no new requirement for information 
collection associated with this proposed rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
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 (E.O.) 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policy and 
agency responsibilities of Executive Order 13609, Promoting 
International Regulatory Cooperation. The agency has determined that 
this action would adopt the same regulatory standards as ICAO has 
adopted for Stage 5 (ICAO Chapter 14) noise certification, preventing 
any unnecessary difference in requirements between the United States 
and countries that use ICAO standards as their regulatory requirements.

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312d of the Order and involves no 
extraordinary circumstances.

H. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the Administrator, when modifying 14 CFR regulations in 
a manner affecting intrastate aviation in Alaska, to consider the 
extent to which Alaska is not served by transportation modes other than 
aviation, and to establish appropriate regulatory distinctions. Because 
this proposed rule would apply to all newly certificated airplanes 
after the dates specified, it could, if adopted, affect intrastate 
aviation in Alaska. The FAA, therefore, specifically requests comments 
on whether there is justification for applying the proposed rule 
differently in intrastate operations in Alaska.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal 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.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be

[[Page 1929]]

likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites 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. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.

B. Proprietary or Confidential Business Information

    Commenters should not file proprietary or confidential business 
information in the docket. Such information must be sent or delivered 
directly to the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this document, and marked as proprietary or 
confidential. If submitting information on a disk or CD ROM, mark the 
outside of the disk or CD ROM, and identify electronically within the 
disk or CD ROM the specific information that is proprietary or 
confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

C. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

List of Subjects

14 CFR Part 36

    Aircraft, Aviation safety, Life-limited parts, Incorporation by 
reference, Reporting and recordkeeping requirements.

14 CFR Part 91

    Aircraft, Aviation safety, Life-limited parts, Incorporation by 
reference, Reporting and recordkeeping requirements.

    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

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, Public Law 96-193, 94 Stat. 50, 
57; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902.

0
2. Amend Sec.  36.1 by adding paragraphs (f)(12) through (14) to read 
as follows:


Sec.  36.1  Applicability and definitions.

* * * * *
    (f) * * *
    (12) A ``Stage 5 noise level'' means a noise level at or below the 
Stage 5 noise limit prescribed in section B36.5(e) of Appendix B of 
this part.
    (13) A ``Stage 5 airplane'' means an airplane that has been shown 
under this part not to exceed the Stage 5 noise limit prescribed in 
section B36.5(e) of Appendix B of this part.
    (14) A ``Chapter 14 noise level'' means a noise level at or below 
the Chapter 14 maximum noise level prescribed in Chapter 14 of the 
International Civil Aviation Organization (ICAO) Annex 16, Volume I, 
Amendment 11-B, applicable January 1, 2015. (Incorporated by reference, 
see Sec.  36.6).
* * * * *
0
3. Amend Sec.  36.6 by adding paragraph (c)(4) to read as follows:


Sec.  36.6  Incorporation by reference.

* * * * *
    (c) * * *
    (4) International Standards and Recommended Practices entitled 
``Environmental Protection, Annex 16 to the Convention on International 
Civil Aviation, Volume I, Aircraft Noise'', Seventh Edition, July 2014, 
amendment 11-B, effective July 14, 2014.
* * * * *
0
4. Amend Sec.  36.7 by adding paragraph (e)(5), redesignating paragraph 
(f) as (f)(1) and adding paragraphs (f)(2) and (g) to read as follows:


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

* * * * *
    (e) * * *
    (5) If an airplane is a Stage 3 airplane prior to a change in type 
design, and becomes a Stage 5 airplane after the change in type design, 
the airplane must remain a Stage 5 airplane.
    (f)(1) * * *
    (2) If an airplane is a Stage 4 airplane prior to a change in type 
design, and becomes a Stage 5 airplane after the change in type design, 
the airplane must remain a Stage 5 airplane.
    (g) Stage 5 airplanes: If an airplane is a Stage 5 airplane prior 
to a change in type design, the airplane must remain a Stage 5 airplane 
after the change in type design.
0
5. Amend Sec.  36.103 by revising paragraph (c) and adding paragraphs 
(d) and (e) to read as follows:


Sec.  36.103  Noise limits.

* * * * *
    (c) Type certification applications between January 1, 2006, and 
the date specified in paragraph (d) or (e) of this section, as 
applicable for airplane weight. If application is made on or after 
January 1, 2006, and before the date specified in paragraph (d) or (e) 
of this section (as applicable for airplane weight), 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

[[Page 1930]]

part. If an applicant chose to voluntarily certificate an airplane to 
Stage 4 prior to January 2006, then the requirements of Sec.  36.7(f) 
of this part apply to that airplane.
    (d) For airplanes with a maximum certificated takeoff weight of 
121,254 pounds (55,000 kg) or more, type certification applications on 
or after December 31, 2017. If application is made on or after December 
31, 2017, it must be shown that the noise levels of the airplane are no 
greater than the Stage 5 noise limit prescribed in section B36.5(e) of 
Appendix B of this part. Prior to December 31, 2017, an applicant may 
seek voluntary certification to Stage 5. If Stage 5 certification is 
chosen, the requirements of Sec.  36.7(g) of this part will apply.
    (e) For airplanes with a maximum certificated take-off weight of 
less than 121,254 pounds (55,000 kg), type certification applications 
on or after December 31, 2020. If application is made on or after 
December 31, 2020, it must be shown that the noise levels of the 
airplane are no greater than the Stage 5 noise limit prescribed in 
section B36.5(e) of Appendix B of this part. Prior to December 31, 
2020, an applicant may seek voluntary certification to Stage 5. If 
Stage 5 certification is chosen, the requirements of Sec.  36.7(g) of 
this part will apply.

0
6. Add Sec.  36.106 to read as follows:


Sec.  36.106  Flight Manual statement of Chapter 14 noise level 
equivalency.

    For each airplane that meets the requirements for Stage 5 
certification, the Airplane Flight Manual or operations manual must 
include the following statement: ``The following noise levels comply 
with part 36, Appendix B, Stage 5 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 to which the airplane was certificated]. The noise measurement 
and evaluation procedures used to obtain these noise levels are 
considered by the FAA to be equivalent to the Chapter 14 noise levels 
required by the International Civil Aviation Organization (ICAO) in 
Annex 16, Volume 1, Appendix 2, Amendment 11-B, applicable January 1, 
2015.'' (Incorporated by reference, see Sec.  36.6).
0
7. Amend section A36.1 of Appendix A by adding paragraph A36.1.5 to 
read as follows:

Appendix A to Part 36--Aircraft Noise Measurement and Evaluation Under 
Sec.  36.101

* * * * *
    A36.1.5 For Stage 5 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, Seventh Edition, July 2014, 
Amendment 11-B, effective July 14, 2014. (Incorporated by reference, 
see Sec.  36.6).

0
8. In appendix B, in section B36.1, revise paragraph (b) and add 
paragraph (c), and in section B36.5, add paragraph (e) to read as 
follows:

Appendix B to Part 36--Noise Levels for Transport Category and Jet 
Airplanes Under Sec.  36.103

* * * * *
    (b) For Stage 4 airplanes, an acceptable alternative to 
paragraph (a) of this section 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).
    (c) For Stage 5 airplanes, an acceptable alternative to 
paragraph (a) of this section for noise measurement and evaluation 
is Appendix 2 to the International Civil Aviation Organization ICAO) 
Annex 16, Environmental Protection, Volume I, Aircraft Noise, 
Seventh Edition, July 2014, Amendment 11-B,, effective July 14, 
2014. (Incorporated by reference, see Sec.  36.6).
* * * * *
    (e) For any Stage 5 airplane, the flyover, lateral, and approach 
maximum noise levels are prescribed in Chapter 14, Paragraph 14.4, 
Maximum Noise Levels, of the International Civil Aviation 
Organization (ICAO) Annex 16, Environmental Protection, Volume I, 
Aircraft Noise, Seventh Edition, July 2014, Amendment 11-B, 
effective July 14, 2014. (Incorporated by reference, see Sec.  
36.6).

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40103, 40113, 40120, 
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 
47528-47531, 47534, articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
10. Amend Sec.  91.851 by:
0
a. Designating the introductory text as paragraph (a);
0
b. Revising the definition for the term ``Chapter 4 noise level'' and 
adding, in alphabetical order, definitions for the terms ``Chapter 14 
noise level'', ``Stage 5 airplane'' and ``Stage 5 noise level''; and
0
c. Adding paragraph (b).
    The revisions and additions read as follows:


Sec.  91.851  Definitions.

    (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 ICAO Annex 16, Volume I, Amendment 7.
    Chapter 14 noise level means a noise level at or below the Chapter 
14 maximum noise level prescribed in Chapter 14 of the ICAO Annex 16, 
Volume I, Amendment 11-B. Airplanes certificated to Chapter 14 are 
considered equivalent to Stage 5, and comply with all of the applicable 
noise operating rules of this part.
* * * * *
    Stage 5 airplane means an airplane that has been shown not to 
exceed the Stage 5 noise limit prescribed in part 36 of this chapter. A 
Stage 5 airplane complies with all of the applicable noise operating 
rules of this part.
    Stage 5 noise level means a noise level at or below the Stage 5 
noise limit prescribed in part 36 of this chapter.
    (b) 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 these documents. Copies may be reviewed at the U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 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.
    (1) International Civil Aviation Organization (ICAO), Document 
Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada, 
http://www.ICAO.int/eshop/index.cfm:
    (i) ICAO Annex 16, Volume I, Amendment 7, effective March 21, 2002.
    (ii) ICAO Annex 16, Volume I, Seventh Edition, July 2014, Amendment 
11-B, effective July 14, 2014.
    (2) [Reserved]
0
11. Revise Sec.  91.853 to read as follows:


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, Stage 4, or Stage 
5 noise levels.
0
12. Amend Sec.  91.855 by revising paragraph (a) to read as follows:

[[Page 1931]]

Sec.  91.855  Entry and nonaddition rule.

* * * * *
    (a) The airplane complies with Stage 3, Stage 4, or Stage 5 noise 
levels.
* * * * *
0
13. Amend Sec.  91.858 by revising paragraph (a)(2) to read as follows:


Sec.  91.858  Special flight authorizations for non-revenue Stage 2 
operations.

    (a) * * *
    (2) Obtain modifications to meet Stage 3, Stage 4, or Stage 5 noise 
levels.
* * * * *
0
14. Revise Sec.  91.859 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, Stage 4, or Stage 5 noise levels.
0
15. Revise Sec.  91.881 to read as follows:


Sec.  91.881  Final compliance: Civil subsonic jet airplanes weighing 
75,000 pounds or less.

    Except as provided in Sec.  91.883, after December 31, 2015, a 
person may not operate to or from an airport in the contiguous United 
States a civil subsonic jet airplane subject to Sec.  91.801(e) of this 
subpart that weighs less than 75,000 pounds unless that airplane has 
been shown to comply with Stage 3, Stage 4, or Stage 5 noise levels.
0
16. Amend Sec.  91.883 by revising paragraph (a)(3) to read as follows:


Sec.  91.883  Special flight authorizations for jet airplanes weighing 
75,000 pounds or less.

    (a) * * *
    (3) To obtain modifications to the airplane to meet Stage 3, Stage 
4, or Stage 5 noise levels.
* * * * *

    Issued under authority provided by 49 U.S.C. 44715 in 
Washington, DC, on December 21, 2015.
Curtis Holsclaw,
Acting Executive Director, Office of Environment and Energy.
[FR Doc. 2015-32500 Filed 1-13-16; 8:45 am]
BILLING CODE 4910-13-P