[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR36.1]

[Page 803-805]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 36--NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS CERTIFICATION--Table 
of Contents
 
                           Subpart A--General
 
Sec. 36.1  Applicability and definitions.


    (a) This part prescribes noise standards for the issue of the 
following certificates:
    (1) Type certificates, and changes to those certificates, and 
standard airworthiness certificates, for subsonic transport category 
large airplanes, and for subsonic jet airplanes regardless of category.
    (2) Type certificates and changes to those certificates, standard 
airworthiness certificates, and restricted category airworthiness 
certificates, for propeller-driven, small airplanes, and for propeller-
driven, commuter category airplanes except those airplanes

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that are designed for ``agricultural aircraft operations'' (as defined 
in Sec. 137.3 of this chapter, as effective on January 1, 1966) or for 
dispersing fire fighting materials to which Sec. 36.1583 of this part 
does not apply.
    (3) A type certificate and changes to that certificate, and standard 
airworthiness certificates, for Concorde airplanes.
    (4) Type certificates, and changes to those certificates, for 
helicopters except those helicopters that are designated exclusively for 
``argicultural aircraft operations'' (as defined in Sec. 137.3 of this 
chapter, as effective on January 1, 1966), for dispensing fire fighting 
materials, or for carrying external loads (as defined in Sec. 133.1(b) 
of this chapter, as effective on December 20, 1976).
    (b) Each person who applies under Part 21 of this chapter for a type 
of airworthiness certificate specified in this part must show compliance 
with the applicable requirements of this part, in addition to the 
applicable airworthiness requirements of this chapter.
    (c) Each person who applies under Part 21 of this chapter for 
approval of an acoustical change described in Sec. 21.93(b) of this 
chapter must show that the aircraft complies with the applicable 
provisions of Secs. 36.7, 36.9, or 36.11 of this part in addition to the 
applicable airworthiness requirements of this chapter.
    (d) Each person who applies for the original issue of a standard 
airworthiness certificate for a transport category large airplane or for 
a jet airplane under Sec. 21.183 must, regardless of date of 
application, show compliance with the following provisions of this part 
(including appendix B):
    (1) The provisions of this part in effect on December 1, 1969, for 
subsonic airplanes that have not had any flight time before--
    (i) December 1, 1973, for airplanes with maximum weights greater 
than 75,000 pounds, except for airplanes that are powered by Pratt & 
Whitney Turbo Wasp JT3D series engines;
    (ii) December 31, 1974, for airplanes with maximum weights greater 
than 75,000 pounds and that are powered by Pratt & Whitney Turbo Wasp 
JT3D series engines; and
    (iii) December 31, 1974, for airplanes with maximum weights of 
75,000 pounds and less.
    (2) The provisions of this part in effect on October 13, 1977, 
including the stage 2 noise limits, for Concorde airplanes that have not 
had flight time before January 1, 1980.
    (e) Each person who applies for the original issue of a standard 
airworthiness certificate under Sec. 21.183, or for the original issue 
of a restricted category airworthiness certificate under Sec. 21.185, 
for propeller-driven, commuter category airplanes for a propeller driven 
small airplane that has not had any flight time before January 1, 1980, 
must show compliance with the applicable provisions of this part.
    (f) For the purpose of showing compliance with this part for 
transport category large airplanes and jet airplanes regardless of 
category, the following terms have the following meanings:
    (1) A ``Stage 1 noise level'' means a flyover, lateral or approach 
noise level greater than the Stage 2 noise limits prescribed in section 
B36.5(b) of appendix B of this part.
    (2) A ``Stage 1 airplane'' means an airplane that has not been shown 
under this part to comply with the flyover, lateral, and approach noise 
levels required for Stage 2 or Stage 3 airplanes.
    (3) A ``Stage 2 noise level'' means a noise level at or below the 
Stage 2 noise limits prescribed in section B36.5(b) of appendix B of 
this part but higher than the Stage 3 noise limits prescribed in section 
B36.5(c) of appendix B of this part.
    (4) A ``Stage 2 airplane'' means an airplane that has been shown 
under this part to comply with Stage 2 noise levels prescribed in 
section B36.5(b) of appendix B of this part (including use of the 
applicable tradeoff provisions specified in section B36.6) and that does 
not comply with the requirements for a Stage 3 airplane.
    (5) A ``Stage 3 noise level'' means a noise level at or below the 
Stage 3 noise limits prescribed in section B36.5(c) of appendix B of 
this part.
    (6) A ``Stage 3 airplane'' means an airplane that has been shown 
under this part to comply with Stage 3 noise levels prescribed in 
section B36.5(c) of

[[Page 805]]

appendix B of this part (including use of the applicable tradeoff 
provisions specified in section B36.6).
    (7) A ``subsonic airplane'' means an airplane for which the maximum 
operating limit speed, Mmo, does not exceed a Mach number of 
1.
    (8) A ``supersonic airplane'' means an airplane for which the 
maximum operating limit speed, Mmo, exceeds a Mach number of 
1.
    (g) For the purpose of showing compliance with this part for 
transport category large airplanes and jet airplanes regardless of 
category, each airplane may not be identified as complying with more 
than one stage or configuration simultaneously.
    (h) For the purpose of showing compliance with this part, for 
helicopters in the primary, normal, transport, and restricted 
categories, the following terms have the specified meanings:
    (1) Stage 1 noise level means a takeoff, flyover, or approach noise 
level greater than the Stage 2 noise limits prescribed in section 
H36.305 of appendix H of this part, or a flyover noise level greater 
than the Stage 2 noise limits prescribed in section J36.305 of appendix 
J of this part.
    (2) Stage 1 helicopter means a helicopter that has not been shown 
under this part to comply with the takeoff, flyover, and approach noise 
levels required for Stage 2 helicopters as prescribed in section H36.305 
of appendix H of this part, or a helicopter that has not been shown 
under this part to comply with the flyover noise level required for 
Stage 2 helicopters as prescribed in section J36.305 of appendix J of 
this part.
    (3) Stage 2 noise level means a takeoff, flyover, or approach noise 
level at or below the Stage 2 noise limits prescribed in section H36.305 
of appendix H of this part, or a flyover noise level at or below the 
Stage 2 limit prescribed in section J36.305 of appendix J of this part.
    (4) Stage 2 helicopter means a helicopter that has been shown under 
this part to comply with Stage 2 noise limits (including applicable 
tradeoffs) prescribed in section H36.305 of appendix H of this part, or 
a helicopter that has been shown under this part to comply with the 
Stage 2 noise limit prescribed in section J36.305 of appendix J of this 
part.

[Doc. No. 13243, Amdt. 36-4, 40 FR 1034, Jan. 6, 1975 as amended by 
Amdt. 36-7, 42 FR 12370, Mar. 3, 1977; Amdt. 36-10, 43 FR 28419, June 
29, 1978; Amdt. 36-11, 45 FR 67066, Oct. 9, 1980; Amdt. 36-13, 52 FR 
1836, Jan. 15, 1987; Amdt. 36-14, 53 FR 3540, Feb. 5, 1988; 53 FR 7728, 
Mar. 10, 1988; Amdt. 36-15, 53 FR 16366, May 6, 1988; Amdt. 36-20, 57 FR 
42854, Sept. 16, 1992; Amdt. 36-54, 67 FR 45211, July 8, 2002; Amdt. 36-
24, 67 FR 63195, Oct. 10, 2002]