[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57524-57528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22714]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 /
Proposed Rules
[[Page 57524]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 36
[Docket No.: FAA-2012-0948; Notice No. 12-06]
RIN 2120-AJ96
Stage 3 Helicopter Noise Certification Standards
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This rulemaking proposes to adopt more stringent noise
certification standards for helicopters that are certificated in the
United States (U.S.). This rule would apply to applications for a new
helicopter type design and for a supplemental type certificate for
those new type designs. A helicopter type certificated under this
standard would be designated as a Stage 3 helicopter. This rule
proposes to adopt the same noise certification standards for
helicopters that exist in the standards of the International Civil
Aviation Organization (ICAO). The proposal of these more stringent
noise certification standards into U.S. regulations is consistent with
the FAA's goal of harmonizing U.S. regulations with international
standards.
DATES: Send comments on or before November 19, 2012.
ADDRESSES: Send comments identified by docket number FAA-2012-0948
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: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
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 proposed rule contact Sandy Liu, AEE-100, Office of Environment
and Energy, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591; telephone: (202) 493-4864; facsimile (202)
267-5594; email: [email protected]. For legal questions concerning this
proposed rule contact Karen Petronis, AGC-200, Office of the Chief
Counsel, Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
3073; 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
proposed regulation is within the scope of that authority since it
would establish new noise certification standards for helicopters that
would be applicable to new type designs.
Background
ICAO Noise Certification Standards
The International Civil Aviation Organization (ICAO) is the
international body with the responsibility for the development of
international standards under the Convention on International Civil
Aviation (the Chicago Convention). Consistent with their obligations
under the Chicago Convention, Contracting States agree to implement
ICAO standards in their national regulations to the extent practicable.
The United States is a Contracting State to the ICAO. The standards for
aircraft noise are contained in ICAO Annex 16, Environmental
Protection, Volume 1, Aircraft Noise.
In 1997, ICAO's Committee on Aviation Environmental Protection
(CAEP) chartered the Rotorcraft Task Group (RTG) to study potential
increases in the stringency of noise certification standards for
helicopters. The FAA participated in the RTG from 1997 to 2000. By the
fifth session of CAEP in 2001, more stringent noise standards for
helicopters were defined. These standards prescribe the lowering of
noise limits for new helicopter types while using the same helicopter
noise certification test procedures that the United States had
incorporated into part 36, Appendices H (1988) and J (1992).
On June 29, 2001, CAEP's proposed noise stringency increases were
adopted by the ICAO Council for incorporation into Annex 16, Volume 1,
Chapter 8 and Chapter 11 (Amendment 7). ICAO guidelines became
effective on October 29, 2001, with an applicability date of March 21,
2002.
Statement of the Problem
Although ICAO adopted increased noise stringency standards for
helicopters in 2002, the United States has yet to adopt these standards
into part 36. There has been heightened
[[Page 57525]]
public awareness of helicopter noise in the United States, and the FAA
has determined that the public would benefit from adoption of these
more stringent standards. The FAA's adoption of these more stringent
certification standards into part 36, including in Appendices H and J,
would also satisfy the goal of harmonizing U.S. regulations with
international standards. This rulemaking proposes to adopt the same
noise certification standards for helicopters that exist in ICAO Annex
16, Volume 1, Chapter 8 and Chapter 11 (Amendment 7).
History of U.S. Helicopter Noise Regulations
In 1973, the FAA published an advanced notice of proposed
rulemaking (ANPRM) (38 FR 35487, December 28, 1973) that proposed
standards for aircraft with efficient short stage length operations.
This class of aircraft, referred to as ``short-haul'', included
aircraft with short, reduced, vertical, or near vertical takeoff and
landing capabilities. Subsequently, the FAA sought further study of
appropriate noise technologies. At the time of the ANPRM, U.S. noise
regulations in part 36 did not include regulations applicable to short-
haul aircraft, including helicopters.
The ANPRM invited public participation in the identification and
development of standards for additional relief and protection to the
public health and welfare from aircraft noise. Comments from the ANPRM
caused the FAA to focus on appropriate noise limits consistent with the
current technology in drafting an NPRM. In 1979, the FAA issued an NPRM
(44 FR 42410, July 9, 1979) that proposed first ever helicopter noise
certification standards that included noise limits. Comments to the
NPRM indicated that there was no noise abatement technology available
at the time that could meet the proposed noise levels. The FAA
subsequently withdrew the NPRM (Notice No. 79-13, 46 FR 61486, December
17, 1981).
In 1982, the National Aeronautics and Space Administration (NASA),
the FAA, and American helicopter manufacturers set up an accelerated
joint research program to develop helicopter noise abatement
technology. This cooperative, 20-million dollar, multi-year program was
established to reduce helicopter external noise, and develop noise
prediction tools that could significantly lower the costs of applying
the technology. The FAA continued to study the issues of noise
certification of helicopters in collaboration with ICAO's noise working
group. On March 6, 1986, the FAA issued an NPRM (Notice No. 86-3, 51 FR
7878) that proposed helicopter certification standards that were more
consistent with then-current technology, and followed procedures
similar to ICAO Annex 16.
On February 5, 1988, the FAA amended part 36 to include the first
U.S. helicopter noise certification regulations. These regulations set
limits on noise emissions for new helicopter type designs. The
regulations designated Stage 1 helicopters as those that did not meet
the newly established limits or had never been tested. Stage 2
helicopters were those that met the new certification standards as
defined by the noise limits and test procedures designated in the
regulations. The new certification standards applied to the issuance of
original and amended type certificates for helicopters. In addition,
the regulations prohibited changes in the type design of helicopters
that might increase their noise levels beyond certain limits. These
regulations followed the standards adopted in ICAO Annex 16 and
included additional corrective conditions for engine thrust or power.
This rulemaking proposes the adoption of the most recent
international noise standards for helicopters and would allow compliant
designs to be designated Stage 3. These standards would apply to any
person submitting an application for a new helicopter type design on
and after the effective date of the final rule. This proposal is
consistent with the effort of the fifth session of CAEP and its
approval of the ICAO standards for helicopter noise that were developed
internationally.
General Discussion of the Proposal
This rulemaking proposes more stringent noise limits for
helicopters to be type certificated in the United States. The standards
would apply to the issuance of a new type certificate, and subsequent
changes to a type certificate for which application is made after the
effective date of this rule. This rule proposes to incorporate the same
standards for helicopters adopted in ICAO Annex 16, Volume 1, Chapter 8
and Chapter 11 (Amendment 7), consistent with the FAA goal of
harmonization of regulations with international standards.
These proposed regulations would:
Amend Sec. 36.1 noise certification standards for the
issuance of type and airworthiness certificates for helicopters,
including new definitions and an applicability date for the standards;
Revise Sec. 36.11 acoustical change requirements to
include Stage 3 helicopters;
Amend Sec. 36.805 to add dates of applicability for the
new Stage 3 noise limits prescribed in appendices H and J of part 36;
Amend Appendix H to part 36 to include new noise
certification limits for Stage 3 helicopters of all helicopter weights;
and
Amend Appendix J to part 36 to include a new noise
certification limit for Stage 3 helicopters of 7,000 pounds or less.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 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, this 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
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost 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 be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows,
[[Page 57526]]
The proposed rule:
(1) Imposes no incremental costs and provides benefits,
(2) Is not an economically ``significant regulatory action'' as
defined in section 3(f) of Executive Order 12866,
(3) Is not significant as defined in DOT's Regulatory Policies and
Procedures;
(4) Would not have a significant economic impact on a substantial
number of small entities;
(5) Would not create unnecessary obstacles to the foreign commerce
of the United States; and
(6) Would not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector by exceeding the monetary
threshold identified.
These analyses are summarized below.
Currently, there is no U.S. noise certification standard for Stage
3 helicopters in part 36. Part 36 includes only noise certification
standards for Stage 1 and Stage 2 helicopters. There are more stringent
international noise standards for helicopters in ICAO Annex 16,
Environmental Protection, Volume 1, Aircraft Noise, Chapter 8 and
Chapter 11 (Amendment 7). This proposed rule includes the amendments to
part 36 certification requirements that would require more stringent
noise limits and allow new helicopter type designs to be designated
Stage 3. This proposed rule would allow a helicopter that meets the
ICAO standards to be classified as a Stage 3 helicopter in the United
States and would also apply to new helicopter type certification
applications dated after the effective date of this proposed rule.
This proposed rule has two major benefits. This proposed rule may
result in quieter helicopter operations for those models type
certificated under these proposed standards. This proposed rule also
would make it easier to sell U.S. Stage 3 helicopters outside the
United States because the noise standards will be the same as those of
ICAO Annex 16, Volume 1, Chapter 8 and 11 standards.
Given the complexity and expense in developing new helicopter
models, the FAA estimates that applications for two new helicopter type
designs will be submitted in the next 10 year period; this would mirror
the development of helicopter type designs in the last decade.
This proposed rule is not expected to result in additional costs.
The U.S. testing procedures for helicopter noise certification already
exist and require no changes when certificating a helicopter to Stage 3
standards. Further, these proposed standards are not retroactive. The
proposed rule does not include any requirement to modify existing Stage
1 and Stage 2 helicopters. Therefore, there would be no incremental
costs for certificating a helicopter to Stage 3 standards.
Although the FAA cannot quantify the benefits of the proposed rule,
the rule would provide for quieter future helicopter models, would be
consistent with international standards, and would not increase the
cost of certification or noise testing. Thus the FAA finds that the
benefits exceed the costs of the proposed rule.
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 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 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 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.
Helicopter Manufacturers
Size standards for small entities are published by the Small
Business Administration (SBA) on their Web site at http://www.sba.gov/size. The size standards used herein are from ``SBA U.S. Small Business
Administration, Table of Small Business Size Standards, Matched to
North American Industry Classification System Codes''.
Aircraft manufacturer size standards are listed in the above Table
of small business size standards under Sector 31-33-Manufacturing;
Subsector 336-Transportation Equipment Manufacturing; NAICS Code
336411-Aircraft Manufacturing. The small entity size standard for
aircraft manufacturing is 1,500 employees.
American helicopter manufacturers range in size from several
hundred employees to many thousands of employees. Therefore, some
American helicopter manufacturers are small entities. However, this
proposed rule would not have a significant economic impact on any small
entity because the proposed rule imposes no incremental costs.
Consequently, the FAA certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
helicopter manufacturers.
International Trade Impact Assessment
The Trade Agreements 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 encourage international trade by using
international standards as the basis for a rule for the United States
noise certification of Stage 3 helicopters.
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
(adjusted annually for inflation) in any 1 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 $143.1 million in lieu of
$100 million. This proposed rule does not contain such a
[[Page 57527]]
mandate; therefore the requirements of Title II do not apply.
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 FAA has determined that
there would be no new requirement for information collection associated
with this proposed rule.
International Compatibility and Coordination
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform our
regulations to ICAO Standards and Recommended Practices to the maximum
extent practicable. In 2001, ICAO adopted stringent helicopter noise
standards. This proposed regulation will harmonize U.S. noise standards
with the international standards by adopting the same requirements,
adapted for U.S. regulatory format.
Executive Order (EO) 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 eliminate differences between U.S. aviation standards
and those of other civil aviation authorities by adopting international
standards, adapted for U.S. regulatory format.
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 (NEPA) in the absence of extraordinary circumstances. This rule
proposes to adopt the same noise certification standards for
helicopters adopted by ICAO. This rule proposes these noise limits to
control the maximum noise levels of newly certificated helicopters. The
FAA finds the applicability of these stricter noise standards to be
environmentally consistent with available technology. The adoption of
more stringent noise standards will require new type certificated
helicopters in the U.S. to comply with lower noise levels, thus
offering increased environmental protection.
The FAA has determined this rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f of NEPA and involves
no extraordinary circumstances.
Executive Order Determinations
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.
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 likely to have a significant adverse effect on the
supply, distribution, or use of energy.
Additional Information
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 this only once.
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.
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 in 14 CFR Part 36
Aircraft, Noise Control.
The Proposed Amendment
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
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.
2. Amend Sec. 36.1 by redesignating paragraph (h)(5) as (h)(7);
adding new paragraph (h)(5); and adding new paragraph (h)(6) to read as
follows:
Sec. 36.1 Applicability and definitions.
* * * * *
(h) * * *
(5) A ``Stage 3 noise level'' means a takeoff, flyover, or approach
noise level at or below the Stage 3 noise limit prescribed in section
H36.305 of appendix H of this part, or a flyover noise level at or
below the Stage 3 noise
[[Page 57528]]
limit prescribed in section J36.305 of appendix J of this part.
(6) A ``Stage 3 helicopter'' means a helicopter that has been shown
under this part to comply with the Stage 3 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 Stage 3 noise limits prescribed in section J36.305 of
appendix J of this part.
(7) Maximum normal operating RPM means the highest rotor speed
corresponding to the airworthiness limit imposed by the manufacturer
and approved by the FAA. Where a tolerance on the highest rotor speed
is specified, the maximum normal operating rotor speed is the highest
rotor speed for which that tolerance is given. If the rotor speed is
automatically linked with flight condition, the maximum normal
operating rotor speed corresponding with reference conditions must be
used during the noise certification procedure. If rotor speed can be
changed by pilot action, the highest normal operating rotor speed
specified in the flight manual limitation section for reference
conditions must be used during the noise certification procedure.
3. Amend Sec. 36.11 by revising paragraph (c) and adding paragraph
(d) to read as follows:
Sec. 36.11 Acoustical change: Helicopters.
* * * * *
(c) Stage 2 helicopters. For a helicopter that is a Stage 2
helicopter prior to a change in type design, the following apply:
(1) A helicopter must be a Stage 2 helicopter after a change in
type design, or
(2) A helicopter must meet Stage 3 requirements after the change in
type design and must remain a Stage 3 helicopter.
(d) Stage 3 helicopters. For a helicopter that is a Stage 3
helicopter prior to a change in type design, the helicopter must remain
a Stage 3 helicopter after a change in type design.
4. Amend Sec. 36.805 by revising paragraphs (b)(1) and (2) to read
as follows:
Sec. 36.805 Noise limits.
* * * * *
(b) * * *
(1) When an application for issuance of a type certificate in the
primary, normal, transport, or restricted category is made between
March 6, 1986 and [effective date of rule], that the noise levels of
the helicopter are no greater than the Stage 2 noise limits prescribed
in either section H36.305 of appendix H of this part or section J36.305
of appendix J of this part, as applicable; or
(2) When an application for issuance of a type certificate in the
primary, normal, transport, or restricted category is made after
[effective date of rule], that the noise levels of the helicopter are
no greater than the Stage 3 noise limits prescribed in either section
H36.305 of appendix H of this part, or section J36.305 of appendix J of
this part, as applicable.
* * * * *
5. In Appendix H of part 36 in section H36.305:
A. Revise paragraph (a) introductory text;
B. Revise paragraph (a)(2);
C. Add paragraph (a)(3).
The additions and revisions read as follows:
Appendix H to Part 36--Noise Requirements for Helicopters Under Subpart
H
* * * * *
Section H36.305 * * *
(a) Limits. For compliance with this appendix, the applicant
must show by flight test that the calculated noise levels of the
helicopter, at the measuring points described in section H36.305(a)
of this appendix, do not exceed the following, (with appropriate
interpolation between weights):
* * * * *
(2) Stage 2 noise limits are as follows:
(i) For takeoff--For a helicopter having a maximum certificated
takeoff weight of 176,370 pounds (80,000 kg) or more, the noise
limit is 109 EPNdB, which decreases linearly with the logarithm of
the helicopter weight (mass) at a rate of 3.01 EPNdB per halving of
the weight (mass) down to 89 EPNdB, after which the limit is
constant.
(ii) For flyover--For a helicopter having a maximum certificated
takeoff weight of 176,370 pounds (80,000 kg) or more, the noise
limit is 108 EPNdB, which decreases linearly with the logarithm of
the helicopter weight (mass) at a rate of 3.01 EPNdB per halving of
the weight (mass) down to 88 EPNdB, after which the limit is
constant.
(iii) For approach--For a helicopter having a maximum
certificated takeoff weight of 176,370 pounds (80,000 kg) or more,
the noise limit is 110 EPNdB, which decreases linearly with the
logarithm of the helicopter weight (mass) at a rate of 3.01 EPNdB
per halving of the weight (mass) down to 90 EPNdB, after which the
limit is constant.
(3) Stage 3 noise limits are as follows:
(i) For takeoff--For a helicopter having a maximum certificated
takeoff weight of 176,370 pounds (80,000 kg) or more, the noise
limit is 106 EPNdB, which decreases linearly with the logarithm of
the helicopter weight (mass) at a rate of 3.01 EPNdB per halving of
the weight (mass) down to 86 EPNdB, after which the limit is
constant.
(ii) For flyover--For a helicopter having a maximum certificated
takeoff weight of 176,370 pounds (80,000 kg) or more, the noise
limit is 104 EPNdB, which decreases linearly with the logarithm of
the helicopter weight (mass) at a rate of 3.01 EPNdB per halving of
the weight (mass) down to 84 EPNdB, after which the limit is
constant.
(iii) For approach--For a helicopter having a maximum
certificated takeoff weight of 176,370 pounds (80,000 kg) or more,
the noise limit is 109 EPNdB, which decreases linearly with the
logarithm of the helicopter weight (mass) at a rate of 3.01 EPNdB
per halving of the weight (mass) down to 89 EPNdB, after which the
limit is constant.
* * * * *
6. Amend Appendix J of part 36 by revising the appendix heading and
in section J36.305 by revising paragraph (a) to read as follows:
Appendix J to Part 36--Alternative Noise Certification Procedure for
Helicopters Having a Maximum Certificated Takeoff Weight of Not More
Than 7,000 Pounds
Section J36.305 * * *
(a) For primary, normal, transport, and restricted category
helicopters having a maximum certificated takeoff weight of not more
than 7, 000 pounds that are noise tested under this appendix:
(1) Stage 2 noise limit is constant at 82 decibels SEL for
helicopters up to 1,737 pounds (787 kg) maximum certificated takeoff
weight (mass) and increases linearly with the logarithm of the
helicopter weight at a rate of 3.01 decibels SEL per the doubling of
weight thereafter. The limit may be calculated using the equation:
LAE(limit) = 82 + 3.01 [log10(MTOW/1737)/log10(2)] dB,
where MTOW is the maximum takeoff weight, in pounds.
(2) Stage 3 noise limit is constant at 82 decibels SEL for
helicopters up to 3,125 pounds (1,417 kg) maximum certificated
takeoff weight (mass) and increases linearly with the logarithm of
the helicopter weight at a rate of 3.01 decibels SEL per the
doubling of weight thereafter. The limit may be calculated using the
equation:
LAE(limit) = 82 + 3.01 [log10(MTOW/3125)/log10(2)] dB,
where MTOW is the maximum takeoff weight, in pounds.
* * * * *
Issued in Washington, DC, on August 31, 2012.
Lourdes Maurice,
Director, Office of Environment and Energy.
[FR Doc. 2012-22714 Filed 9-17-12; 8:45 am]
BILLING CODE 4910-13-P