[Federal Register: July 5, 2005 (Volume 70, Number 127)]
[Rules and Regulations]
[Page 38741-38750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy05-10]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 36 and 91
Stage 4 Aircraft Noise Standards; Final Rule
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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.
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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 -AWA-SBREFA@faa.gov.
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
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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
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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
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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