[Federal Register: August 5, 2005 (Volume 70, Number 150)]
[Rules and Regulations]
[Page 45501-45505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au05-6]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 36
Harmonization of Noise Certification Standards for Propeller-Driven
Small Airplanes; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 36
[Docket No.: FAA-2003-15279; Amendment No. 36-27]
RIN 2120-AI25
Harmonization of Noise Certification Standards for Propeller-
Driven Small Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends FAA regulations regarding airplane
noise certification standards. These changes are necessary to harmonize
two technical items with international standards and provide uniform
noise certification standards for airplanes certificated in the United
States and Joint Aviation Authorities (JAA) countries. This amendment
will simplify airworthiness approvals for import and export purposes.
We anticipate that the changes to these two items will apply only to a
small number of older-technology airplanes.
DATES: This amendment becomes effective September 6, 2005.
FOR FURTHER INFORMATION 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, e-mail mehmet.marsan@faa.gov.
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 FAA's web page at http://www.faa.gov; 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 sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the 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 your 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.cfm
.
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, Air Commerce and Safety, Section 44715,
Controlling aircraft noise and sonic boom. Under that section, the
Administrator of the FAA is charged with prescribing standards to
measure aircraft noise and sonic boom and prescribing the regulations
to control and abate aircraft noise and sonic boom. This regulation is
within the scope of that authority because Title 14 part 36 of the Code
of Federal Regulations (CFR) contains the FAA's noise standards and
regulations that apply to the issuance of type certificates for all
types of aircraft.
Background
This final rule completes the FAA's efforts to harmonize the
regulations of 14 CFR Part 36 Appendix G, with International Civil
Aviation Organization (ICAO) Annex 16, Volume I, Chapter 10, regarding
propeller-driven small airplane noise certification. The FAA proposed
these changes in the notice of proposed rulemaking (NPRM),
``Harmonization of Noise Certification Standards for Propeller-Driven
Small Airplanes'' (68 FR 34256), published on June 6, 2003. In the
NPRM, you will find a discussion of the current requirements and why
they do not adequately address the noise certification standards for
airplanes in keeping with U.S. obligations under the Convention on
International Civil Aviation. In the NPRM, we also refer to the studies
and reports we relied on in developing the proposed rule, and discuss
each alternative that we considered and the reasons for rejecting the
ones we did not propose.
The background material in the NPRM also contains the basis and
rationale for these requirements and, except where we have specifically
expanded on the background elsewhere in this preamble, supports this
final rule. Discussions regarding the intent of the requirements may
refer to the background in the NPRM without repeating it in this
document.
History
Under 49 U.S.C. 44715, the Administrator of the FAA is directed to
prescribe ``standards to measure aircraft noise and sonic boom; * * *
and regulations to control and abate aircraft noise and sonic boom.''
On October 13, 1999, the FAA published a final rule (64 FR 55598)
adopting noise certification standards for propeller-driven small
airplanes. That rule, which harmonized the U.S. noise certification
regulations with the European Joint Aviation Requirements (JAR) for
propeller-driven small airplanes, resulted from a joint effort of the
FAA, the JAA, and the Aviation Rulemaking Advisory Committee (ARAC).
However, two technical items contained in Appendix G to Part 36
remained unharmonized with ICAO Annex 16, Volume I, Chapter 10. These
two items were not harmonized at that time because the effect on
exported older airplanes was not known. The two unharmonized items are
as follows:
(1) Appendix G, section G34.111 allows the use of ``maximum
continuous power'' during the second segment of the noise certification
test flight path. Annex 16, Chapter 10, Section 10.5.2 defines
``power'' for the second segment as ``maximum power.'' Since ``maximum
continuous power'' is typically lower than ``maximum power'' or
``takeoff power,'' as described in ICAO, this is considered
unharmonized.
(2) Appendix G, section G36.201 specifies a simplified data
correction procedure for fixed-pitch type propellers if the engine test
power is within 5 percent of the reference power. However, ICAO Annex
16, Volume I, Chapter 10 does not have a corresponding simplified data
correction procedure.
In keeping with U.S. obligations, it is the FAA's policy to comply
with ICAO
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Standards and Recommended Practices to the maximum extent practicable.
The FAA is revising part 36 to make the requirements the same as the
propeller-driven small airplane noise certification regulations of
Annex 16, Volume I, Chapter 10. The Annex 16 version better represents
the intent of the original noise certification standards, which was to
certify propeller-driven small airplanes at takeoff power. This final
rule completes the FAA's efforts to harmonize part 36 Appendix G and
Annex 16.
Related Activity
The European Aviation Safety Agency (EASA) was established July 15,
2002, and assumed authority to conduct certification of aircraft,
engines and parts on September 28, 2003. The EASA will eventually
absorb all JAA functions and activities, including the JAA's rulemaking
harmonization activities. Since this rulemaking action is a result of
FAA/JAA harmonization efforts, we anticipate that it will be
incorporated into the EASA's requirements as well.
Discussion of Comments
The FAA received comments from three commenters on the proposed
rule. All three commenters oppose the adoption of this final rule.
However, as discussed below, we made no changes to the rule based on
these comments.
Comment: One commenter disagreed with the statement in the summary
section of the NPRM that states that the revisions to these two
unharmonized technical items would apply only to a small number of
older-technology airplanes. The commenter states that the majority of
the world's small airplanes are based in the United States, and
believes that all of these airplanes are potential candidates for
retrofit.
FAA reply: While the U.S. small airplane fleet is large, the FAA
has no information to suggest that a significant number of airplanes
are candidates for engine or propeller retrofits. The FAA believes the
only airplanes that would be affected are those undergoing a voluntary
retrofit that have time-limited engines; based on past experience this
is a very small number. Further, among the airplanes that are
retrofitted, compliance with this part 36 amendment would only be
required if the retrofit results in an acoustical change. Section
21.93(b) defines acoustical change as any voluntary change in type
design of an aircraft that may increase the noise level of an aircraft.
Comment: Two commenters state that it would be detrimental to the
safe operation of airplanes if they cannot be noise certificated at
engine power levels lower than takeoff power.
FAA reply: The FAA disagrees that it would be unsafe for airplanes
to operate at an engine power level lower than takeoff power. The FAA
believes the commenters fear losing the operational performance level
between maximum continuous power and takeoff power, because they often
operate in that range, but do noise certification at the maximum
continuous power level. The FAA is not advocating operation at an
unsafe power level, only that noise certification should not be
conducted at a level consistently lower than the usual operating power.
The rule is being changed to harmonize the standards and close this
loophole, which does not exist under ICAO Annex 16. Operators will
still have the option of maintaining takeoff power and rpm for as long
as the airplane's airworthiness limitations permit, after which maximum
continuous power and rpm must be maintained.
Comment: One commenter states that, in the background section of
the NPRM, the FAA discussed the 14 CFR Part 36 amendments, but did not
discuss any of the recent power testing changes made in ICAO Annex 16
Chapter 10. The commenter states that in June 2000, the JAA approved a
small airplane of European design, manufacture, and certification,
using a maximum-continuous power rating. This would mean that the
European authorities were not complying with their own regulations at
that time.
FAA reply: All JAA countries use ICAO Annex 16, Volume I as their
environmental standard. Individual JAA member countries may file
differences with ICAO from Volume I, and these differences are listed
in Volume I. Germany was the only JAA member country that filed
differences with the ICAO on defining power during testing. Our
understanding is that Germany recently realized it would be the only
country not harmonized on this standard and changed its rule to remove
the difference with ICAO Annex 16. At present, there are no differences
in defining power during testing.
Paperwork Reduction Act
Under the provisions of the Paperwork Reduction Act of 1995, there
are no current or new requirements for information collection
associated with this final rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with 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
other than those directly addressed by the rule change.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis for 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).
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If it is determined that the expected cost impact is so
minimal that a rulemaking does not warrant a full evaluation, this
order permits a statement to that effect along with the basis for that
determination to be in the preamble. In this case, a full regulatory
evaluation cost benefit evaluation need not be prepared. Such a
determination has been made for this rule. The reasoning for that
determination follows.
The FAA has determined that this rule will increase the
harmonization of the U.S. Federal regulations with the ICAO Standards
and Recommended Practices and will impose, at most, negligible costs.
Because the costs and benefits of this action do not make it a
``significant regulatory action'' as defined in the Order, we have not
prepared a ``regulatory impact analysis.'' Similarly, we have not
prepared a full ``regulatory evaluation,'' which is the written cost/
benefit analysis ordinarily
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required for all rulemaking under the DOT Regulatory and Policies and
Procedures. We do not need to do a full evaluation where the economic
impact of a rule is minimal.
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 statues, to
fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to the
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 RFA covers a wide-range of small
entities, including small business, 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 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 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 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.
This final rule revises two technical items, which are the only
remaining unharmonized items between part 36 Appendix G and the ICAO
Annex 16, Volume I, Chapter 10, regarding the noise certification of
small propeller-driven airplanes. Our assessment of this rulemaking
indicates that its economic impact is minimal because these two items
affect only airplanes with older-technology engines that are not
required to undergo new noise certification, or are already noise
certificated. Therefore, we certify that this action will not have a
significant economic impact on a substantial number of small entities.
Trade Impact Assessment
The Trade Agreements 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 rulemaking and has determined that it will
impose the same minimal costs on domestic and international entities
and thus have a neutral trade impact.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' 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.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We have determined that
this action will not have a substantial direct effect on the States, or
the relationship between the national Government and the States, or on
the distribution of power and responsibilities among the various levels
of government, and therefore does not have federalism implications.
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.''
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 rulemaking action under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use (May 18, 2001). We have determined that it
is not a ``significant energy action'' under the executive order
because it is not a ``significant regulatory action'' under Executive
Order 12866, and it is not likely to have a significant adverse effect
on the supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 36
Aircraft, Noise control.
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.
0
2. Amend Appendix G to part 36 by revising section G36.111(c)(2)(iv) to
read as follows:
Appendix G to Part 36--Takeoff Noise Requirements for Propeller-Driven
Small Airplane and Propeller-Driven, Commuter Category Airplane
Certification Tests on or After December 22, 1988
Sec. G36.111 Flight Procedures
* * * * *
(c) * * *
(2) * * *
(iv) For airplanes equipped with fixed pitch propellers, takeoff
power must be maintained throughout the second segment. For
airplanes equipped with variable pitch or constant speed propellers,
takeoff power and rpm must be maintained throughout the second
segment. If airworthiness limitations do not allow the application
of takeoff power and rpm up to the reference point, then takeoff
power and rpm must be maintained for as long as is permitted by such
limitations; thereafter, maximum continuous power and rpm must be
maintained. Maximum time allowed at takeoff power under the
airworthiness standards must be used in the second segment. The
reference height must be calculated assuming climb gradients
appropriate to each power setting used.
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0
3. Amend Appendix G to part 36 by revising section G36.201(c) to read
as follows:
* * * * *
(c) No corrections for helical tip Mach number variation need to
be made if the propeller helical tip Mach number is:
(1) At or below 0.70 and the test helical tip Mach number is
within 0.014 of the reference helical tip Mach number.
(2) Above 0.70 and at or below 0.80 and the test helical tip
Mach number is within 0.007 of the reference helical tip Mach
number.
(3) Above 0.80 and the test helical tip Mach number is within
0.005 of the reference helical tip Mach number. For mechanical
tachometers, if the helical tip Mach number is above 0.8 and the
test helical tip Mach number is within 0.008 of the reference
helical tip Mach number.
* * * * *
Issued in Washington, DC, on July 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-15465 Filed 8-4-05; 8:45 am]
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