[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04479]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 36
[Docket No.: FAA-2012-0948; Amdt. No. 36-29]
Stage 3 Helicopter Noise Certification Standards
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This rulemaking adopts more stringent noise certification
standards for helicopters that are certificated in the United States
(U.S.). This rule applies to applications for a new helicopter type
design. It also allows applicants to upgrade Stage 1 and Stage 2
helicopters to Stage 3 when applying for a supplemental type
certificate. A helicopter type certificated under this standard is
designated as a Stage 3 helicopter. This rule adopts the same noise
certification standards for helicopters that exist in the standards of
the International Civil Aviation Organization (ICAO). These more
stringent noise certification standards adopted into U.S. regulations
will reduce noise exposure from helicopters certificated in the United
Stated and are consistent with the FAA's goal of harmonizing U.S.
regulations with international standards.
DATES: Effective May 5, 2014.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, 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 action, contact Karen Petronis,
AGC-210, Office of the Chief Counsel, International Law, Legislation
and Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
3073; email: [email protected].
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44715, Controlling aircraft
noise and sonic boom. Under that section, the FAA is charged with
prescribing regulations to measure and abate aircraft noise. This
regulation is within the scope of that authority since it establishes
new noise certification standards for helicopters that are applicable
to new type designs.
Overview of Final Rule
This final rule adopts noise standards for helicopters that are to
be type certificated in the United States. The standards apply to
applications for a new type certificate, and subsequent changes to a
type certificate for which application is made after the effective date
of this rule. These regulations incorporate the same noise
certification standards for helicopters that exist in Annex 16, Volume
1, Chapter 8 and Chapter 11 (Amendment 7) in the standards of
International Civil Aviation Organization (ICAO). This action is
consistent with the FAA goals of reducing exposure to helicopter noise
and of harmonizing U.S. regulations with international standards.
ICAO Noise Certification Standards
The 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
(including the United States) agree to implement ICAO standards in
their national regulations to the extent practicable. 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 had been
defined. These standards lowered noise limits for new helicopter types
while using the same helicopter noise certification test procedures
that the United States had incorporated into Title 14 of the Code of
the Federal Regulations (CFR) part 36, Appendices H and J.
On June 29, 2001, CAEP's proposed noise stringency increases were
adopted by the ICAO Council for incorporation into Annex 16, Volume 1,
Chapters 8 and 11 (Amendment 7). The 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 did not adopt these standards
into part 36. Since that time, there has been heightened public
awareness of helicopter noise in the United States, and the FAA has
determined that the public will benefit from adoption of these more
stringent standards. The FAA's adoption of these certification
standards into part 36, including Appendices H and J, will also satisfy
the goal of harmonizing U.S. regulations with international standards.
This rulemaking adopts the same noise certification standards for
helicopters that exist in ICAO Annex 16, Volume 1, Chapters 8 and 11
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) requesting comments
on the development of 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, and included helicopters. At
the time of the ANPRM, U.S. noise regulations in part 36 did not
include any noise certification regulations applicable to short-haul
The ANPRM invited public participation to aid in the identification
and development of standards for this separate class of short-haul
aircraft for relief and protection to the public health and welfare
from all aircraft noise. Following receipt of comments, the FAA issued
a notice of proposed rulemaking (NPRM) (44 FR 42410, July 9, 1979) that
focused on helicopter noise certification standards and limits on
further production of older, noisier helicopter types. Comments to the
NPRM indicated that there was no noise abatement technology available
at the time that could meet the noise levels proposed in the NPRM. The
FAA withdrew the NPRM in 1981 (Notice No. 79-13, 46 FR 61486, December
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, 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 also 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 testing procedures similar
to those adopted in ICAO Annex 16.
On February 5, 1988, the FAA adopted the first U.S. helicopter
noise certification regulations as an amendment to part 36. These
regulations set limits on noise emissions for new helicopter type
designs. Helicopters that did not meet the newly established limits or
had never been noise tested were designated as Stage 1. Stage 2
helicopters were those that met the new certification standards as
defined by the noise limits and test procedures. 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 were
substantially similar to the standards adopted in ICAO Annex 16, but
included additional test conditions for engine thrust or power.
This rulemaking adopts more stringent noise levels consistent with
the most recent international noise standards for helicopters and
designates compliant designs as Stage 3. These standards apply to all
applications for a new helicopter type design submitted on and after
the effective date of the final rule. This rule is consistent with the
effort of the fifth session of CAEP (2001) and its approval of the ICAO
standards for helicopter noise in Annex 16, Chapters 8 and 11.
Summary of the NPRM
The FAA published an NPRM on September 18, 2012 (77 FR 57524) that
proposed changes to part 36 that would establish more stringent noise
limits for helicopters to be type certificated in the United States.
The lowered helicopter noise limits are identical to the standards
adopted in ICAO Annex 16, Volume 1, Chapter 8 and Chapter 11 (Amendment
7), and harmonize the U.S. regulations with those international
standards. For helicopters certificated under Appendix H to part 36,
the reduction in the noise limits are - 4 EPNdB for flyover, - 3 EPNdB
for takeoff and - 1 EPNdB for approach conditions. For helicopters
certificated under Appendix J to part 36, the reduction in the noise
limit is - 2.5 dB SEL for flyover condition, with the constant lower
limit, 82 dB SEL, extending to 3,125 pounds maximum takeoff weight.
Discussion of Public Comments
The comment period for the NPRM closed on November 19, 2012. Four
commenters submitted comments to the docket: Bell Helicopter Textron
Company (Bell), Sikorsky Aircraft Corporation (Sikorsky), the
Helicopter Association International (HAI), and an individual.
Bell and Sikorsky noted an inconsistency between the proposed rule
and Annex 16 standards that would result in different noise
Current Sec. H36.305 uses a value of 3.01 dB and Sec. J36.305
uses a value of 3.0 dB to compute noise limits. The FAA proposed a
calculation value of 3.01 dB for both. That value was derived from the
noise limit equations in the FAA's 2001 Advisory Circular 36-1H. In
2004, the FAA intended to change the value to 3.0 dB in both Appendices
H and J, but only Appendix J was changed in a final rule harmonizing
the noise certification regulations for helicopters (69 FR 31226, June
Bell and Sikorsky each identified this inconsistency in the NPRM
for calculation value used to compute the noise limits. Both commenters
recommended that the FAA adopt the ICAO harmonized value of 3.0 dB per
halving of weight (rather than the 3.01 dB per halving of the weight as
proposed) in order to harmonize part 36 with the ICAO Annex 16
While the goal of harmonization exists, we are unable to change the
3.01 historical value of Appendix H because it would alter the
certification basis of several helicopters. Accordingly, this final
rule adopts the 3.0 dB value for the newly adopted Stage 3 standard in
both Appendices H and J. The values for Stage 2 remain unchanged. The
FAA will also update Advisory Circular (AC)
AC 36-1 to reflect the values adopted in this rule for Stage 3
Bell and Sikorsky also suggested that the FAA rewrite proposed
Sec. 36.11 for Stage 2 helicopter acoustical change. Each found that
the proposed language did not clearly convey that the rule contains an
option for certification applicants to certify to Stage 3 when applying
for a supplemental type certificate for a Stage 1 or Stage 2
helicopter. Prior to this rule, Stage 2 was the quietest noise
certification available for new or supplemental type certificates.
Since new type designs must meet Stage 3 noise levels, this rule
provides the option to upgrade a helicopter to Stage 3 as part of an
application for a supplemental type certificate. Such voluntary
recertification to Stage 3 requires that the helicopter remain Stage 3
Bell and Sikorsky suggested that the voluntary option is best
reflected by using the term ``may'' rather than ``must'' in the rule
text since the applicant is making the choice. The FAA agrees that the
language could be clearer, but disagrees with the suggested change. The
introductory text of Sec. 36.11 has been changed to more clearly
reflect that applicants have a choice when applying for a supplemental
Bell noted that the FAA did not propose an update of the maximum
normal operating revolutions per minute (RPM) that would include the
current ICAO terminology regarding reference rotor speed. Bell indicted
that it should be included.
The FAA agrees. This change was overlooked in Sec. 36.1(h)(7).
Since one of the goals of this rulemaking was harmonizing with the ICAO
standard, the change is within the scope of this rulemaking.
The HAI supports the proposed rule and states that it is good for
the long term growth of the industry. No changes were made based on
An individual commenter expressed frustration regarding the amount
of noise made by airplanes and helicopters in general. This comment is
not relevant to this rulemaking and no changes were made based on its
Changes Adopted in This Final Rule
This final rule incorporates the following changes from the NPRM:
The FAA is adopting a noise limit calculation value of 3.0 for
Stage 3 in Sec. H36.305 and in Sec. J36.305.
The FAA has redrafted the introductory text of Sec. 36.11 to more
clearly convey that applicants have an option to certificate to a more
stringent Stage 3 standard.
The FAA is amending in Sec. 36.1(h)(7) on reference rotor speed by
adopting the term ``reference flight condition,'' to be consistent with
ICAO Annex 16 standards.
The incorporation of these changes more fully harmonizes U.S.
regulations with the ICAO noise standards for helicopters.
Regulatory Notices and Analyses
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 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, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
Department of Transportation (DOT) 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 final rule.
The reasoning for this determination follows.
This final 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
(4) Will not have a significant economic impact on a substantial
number of small entities;
(5) Will not create unnecessary obstacles to the foreign commerce
of the United States; and
(6) Will not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector by exceeding the monetary
These analyses are summarized below.
Currently, the United States does not have a noise certification
standard for Stage 3 helicopters in 14 CFR 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 final rule includes
amendments to the part 36 certification requirements that will require
more stringent noise limits and allow new helicopter type designs to be
designated Stage 3. This final rule will allow a helicopter that meets
the ICAO standards to be classified as a Stage 3 helicopter in the
United States, and will also apply to new helicopter type
certifications submitted after the effective date of this final rule.
This final rule has two major benefits. This final rule will result
in quieter helicopter operations for those models type certificated
under these standards. This final rule will also make it easier to sell
U.S. Stage 3 helicopters outside the United States because the noise
standards will be the same as those in 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 final rule is not expected to result in additional costs. The
U.S. testing procedures for helicopter noise certification already
exist and will not change when certificating a helicopter to Stage 3
standards. Further, these standards are not retroactive. This final
rule does not include any requirements to modify existing Stage 1 and
Stage 2 helicopters. Therefore, there will be no incremental costs for
certificating a helicopter to Stage 3 standards.
Although the FAA cannot quantify the benefits of this final rule,
this rule will provide for quieter future helicopter models, will be
consistent with international standards, and will not increase the cost
of certification or noise testing. Thus the FAA finds that the benefits
exceed the costs of the final rule.
In the NPRM, the FAA stated that the expected outcome would be a
minimal impact with positive net benefits, and a full regulatory
evaluation was not prepared. The FAA received no comments on that
minimal cost determination.
Therefore, the FAA has determined that this final rule has benefits
which exceed costs and is not a ``significant regulatory action'' as
defined in section 3(f) of Executive Order 12866, and is not
``significant'' as defined in DOT's Regulatory Policies and Procedures.
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
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.
Size standards for small entities are published by the Small
Business Administration (SBA) on its 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 is 1,500
American helicopter manufacturers range in size from several
hundred employees to thousands of employees. Therefore, some American
helicopter manufacturers are small entities. However, this final rule
will not have a significant economic impact on any small entity because
the final rule imposes no incremental costs.
The FAA received no comments on this RFA determination that was
part of the proposed rule when it was published.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
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 assessed the potential effect of the proposed rule in the
NPRM and determined that it would encourage international trade by
adopting the same standards for Stage 3 helicopters in U.S. regulations
that have been adopted by the ICAO.
The FAA received no comments on this determination. Therefore, the
FAA determines that this final rule will encourage international trade
by adopting the same noise standards for 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 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 $151.0 million in lieu of
This final rule does not contain such a 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 is no new requirement for information collection associated with
this final rule.
International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. In 2001, ICAO
adopted stringent helicopter noise standards. This regulation
harmonizes 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.
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
adopts the same noise certification standards for helicopters adopted
by ICAO. This rule promulgates 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 requires 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 final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will 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, does not have Federalism
Executive Order 13211, Regulations that Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final 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
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
How To Obtain Additional Information
An electronic copy of a rulemaking document may be obtained by
using the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
Comments Submitted to the Docket
Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's 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.).
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. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 36
Aircraft, Noise control.
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
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 as follows:
A. Redesignate paragraph (h)(5) as (h)(7).
B. Add new paragraph (h)(5);
C. Add new paragraph (h)(6);.
D. Revise newly redesignated paragraph (h)(7).
The additions and revision 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 limits prescribed in section
H36.305 of appendix H of this part, or a flyover noise level at or
below the Stage 3 noise 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 the Stage 3 noise limit 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 the reference flight condition
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 each helicopter that is Stage 2 prior
to a change in type design, after a change in type design the
helicopter must either:
(1) Remain a Stage 2 helicopter; or
(2) Comply with Stage 3 requirements and remain a Stage 3
(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
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 on and after
March 6, 1986 and before May 5, 2014, 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 on or after
May 5, 2014, 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,
* * * * *
5. In Appendix H to part 36 in section H36.305:
A. Revise paragraph (a) introductory text;
B. Add paragraph (a)(3).
The additions and revisions read as follows:
Appendix H to Part 36--Noise Requirements for Helicopters Under Subpart
* * * * *
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):
* * * * *
(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 3.0 EPNdB per halving of
the weight (mass) down to 86 EPNdB, after which the limit is
(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 3.0 EPNdB per halving of
the weight (mass) down to 84 EPNdB, after which the limit is
(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 3.0 EPNdB per
halving of the weight (mass) down to 89 EPNdB, after which the limit
* * * * *
6. Amend Appendix J of part 36 by revising section J36.305 paragraph
(a) to read as follows:
Appendix J to Part 36--Alternative Noise Certification Procedure for
Helicopters Under Subpart H 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 3.0 decibels SEL per the doubling of
weight thereafter. The limit may be calculated by the equation:
LAE(limit) = 82 + 3.0 [log10(MTOW/1737)/
where MTOW is the maximum takeoff weight, in pounds, for which
certification under this appendix is requested.
(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 3.0 decibels SEL per the doubling
of weight thereafter. The limit may be calculated using the
LAE(limit) = 82 + 3.0 [log10(MTOW/3125)/log10(2)] dB,
where MTOW is the maximum takeoff weight, in pounds.
* * * * *
Issued in Washington, DC, on February 20, 2014.
Michael P. Huerta,
[FR Doc. 2014-04479 Filed 3-3-14; 8:45 am]
BILLING CODE 4910-13-P