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.

Proposed Rules Federal Register

1923 

Vol. 81, No. 9 

Thursday, January 14, 2016 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Chapter I 

[Docket ID FFIEC–2014–0001] 

BOARD OF GOVERNORS OF THE 

FEDERAL RESERVE SYSTEM 

12 CFR Chapter II 

[Docket No. R–1510] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Chapter III 

Regulatory Publication and Review 

Under the Economic Growth and 

Regulatory Paperwork Reduction Act 

of 1996 

Correction 

In proposed rule document 2015– 

32312 beginning on page 79724 in the 

issue of Wednesday, December 23, 2015 

make the following corrections: 

1. On page 79728 the table heading 

‘‘Chart A— Categories and Regulations 

Addressed in this Fourth Federal 

Register Notice’’ was omitted. 

2. On page 79731, the table heading 

‘‘Chart B—Newly Listed Rules’’ 

preceding the text ‘‘1. Applications and 

Reporting’’ was omitted. 

[FR Doc. C1–2015–32312 Filed 1–13–16; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 36 and 91 

[Docket No.: FAA–2015–3782; Notice No. 

15–08] 

RIN 2120–AK52 

Stage 5 Airplane Noise Standards 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action would establish a 

new noise standard for certain subsonic 

jet airplanes and subsonic transport 

category large airplanes. This noise 

standard, known as Stage 5, would 

apply to any person submitting an 

application for a new airplane type 

design with a maximum certificated 

takeoff weight of 121,254 pounds 

(55,000 kg) or more on or after 

December 31, 2017; or with maximum 

certificated takeoff weight of less than 

121,254 pounds (55,000 kg) on or after 

December 31, 2020. This change would 

reduce the noise produced by new 

airplanes and harmonize the noise 

certification standards for those 

airplanes certificated in the United 

States with the new International Civil 

Aviation Organization noise standard in 

Annex 16, Chapter 14, effective July 14, 

2014. 

DATES: Send comments on or before 

April 13, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–3782 

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: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

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 

action, 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; 

email mehmet.marsan@faa.gov. 

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 regulation is within the 

scope of that authority since it would 

establish stricter noise limits for certain 

newly certificated airplanes. Applicants 

for type certificates and changes in type 

design made after the dates proposed in 

this rulemaking would be required to 

comply with the new regulation when 

adopted. 

I. Executive Summary 

A. Summary of the Proposed Rule 

The FAA is proposing to amend Title 

14, Code of Federal Regulations (14 

CFR) parts 36 and 91 to add a new noise 

standard to be known as Stage 5. This 

noise standard would apply to any 

person submitting an application for a 

new airplane that has a maximum 

certificated takeoff weight of 121,254 

pounds (55,000 kg) or more on or after 

December 31, 2017; or that has a 

maximum certificated takeoff weight of 

less than 121,254 pounds (55,000 kg) on 

or after December 31, 2020. A 

certification applicant could choose to 

use this standard on a voluntary basis 

after the rule is effective but before the 

new limits are required. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

1924 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 

B. Summary of Costs and Benefits 

The FAA anticipates that by the time 

this proposed rule would become 

effective (after December 31, 2017 for 

subsonic transport category large 

airplanes and subsonic jet airplanes, 

and after December 31, 2020 for smaller 

versions of the subject airplanes), 

existing noise reduction technologies 

will allow subject airplanes to comply 

with these proposed requirements. 

Accordingly, the proposed rule would 

have minimal, if any, cost. 

II. Background 

A. Statement of the Problem 

In October 2001, the 33rd Session of 

The International Civil Aviation 

Organization (ICAO) Assembly adopted 

Resolution A33–7, which outlined the 

basic components of a ‘‘Balanced 

Approach’’ process for managing aircraft 

noise at international airports. The 

Balanced Approach to noise mitigation 

includes (i) the reduction of noise at its 

source (i.e., the aircraft), (ii) improved 

land use planning around airports, and 

(iii) a wider use of aircraft operating 

procedures and restrictions that abate 

noise. 

As source noise reduction technology 

evolves, ICAO introduces new standards 

to encourage its application. In March 

2014, ICAO published a new, more 

stringent noise standard (which it 

designated Chapter 14) for subsonic jet 

airplanes and subsonic transport 

category large airplanes. This new 

standard became applicable on January 

1, 2015 in those countries that use 

Annex 16 Volume I as the basis for their 

aircraft noise certification regulations. 

As an active member of ICAO, the 

United States supported the 

development of this quieter, more 

stringent aircraft noise standard. 

Since the new Chapter 14 is effective 

and can be used by other ICAO member 

countries when certifying aircraft in the 

future, delay in harmonizing U.S. 

regulations with the standards of 

Chapter 14 could create a situation in 

which an airplane certification 

applicant would have to show 

compliance with two different 

standards—the Stage 4 requirement in 

14 CFR part 36 and the Chapter 14 

requirements of countries that have 

adopted Annex 16. This circumstance 

could significantly increase the 

financial burden on applicants without 

any benefit. 

The adoption of the Stage 5 noise 

standard for new airplane type designs 

should not be interpreted as signaling 

the start of an action aimed at phasing 

out the existing noise standards that 

apply to the production or operation of 

current airplane models. There are no 

operational restrictions nor production 

cut-offs on the use of Stage 3 or Stage 

4 airplanes in the United States. The 

adoption of the Stage 5 noise standard 

for new airplane type designs does not 

impact either of these existing noise 

standards that apply to the production 

or operation of current airplane models 

in the United States. 

B. A Brief History of U.S. Noise 

Standards 

• 1969—The FAA promulgated the 

first aircraft noise regulations in 14 CFR 

part 36 (‘‘Noise Standards: Aircraft Type 

Certification’’). The new part 36 became 

effective on December 1, 1969, and set 

a limit on noise emissions of large 

aircraft of new type design by 

establishing Stage 2 certification 

standards. 

• 1972—The U.S. Congress enacted 

the Noise Control Act, which gave the 

FAA authority to set limits for aircraft 

noise emissions. Under this authority, 

the FAA amended part 36 in 1973 to 

give a noise stage designation to all 

newly produced airplanes. 

• 1976—The FAA amended the 

aircraft operating rules of 14 CFR part 

91 by adding a new Subpart E entitled 

‘‘Operating Noise Limits.’’ This 

regulation established a phased 

compliance program for U.S. domestic 

operators that required them to achieve 

compliance with Stage 2 or Stage 3 

certification standards for all fourengine jet airplanes by January 1, 1985. 

• 1977—The FAA amended part 36 to 

provide for three stages of aircraft noise, 

each with specified limits. This 

regulation required applicants for new 

type certificates applied for on or after 

November 5, 1975, to comply with 

‘‘Stage 3’’ noise limits, which were 

stricter than the noise limits then being 

applied. Airplanes in operation at the 

time that did not meet the Stage 3 noise 

limits were designated ‘‘Stage 2’’ 

airplanes. 

• 1980—Congress enacted the 

Aviation Safety and Noise Abatement 

Act of 1979 (ASNA). The ASNA 

required the FAA to promulgate 

regulations that extended the 

application of the January 1, 1985, 

cutoff date for the domestic operation of 

four-engine Stage 1 jet airplanes to 

apply to U.S. and foreign operators. In 

1980, the 1985 operation deadline was 

made applicable to both domestic and 

international operations arriving to or 

departing from a point in the United 

States. 

• 1990—Recognizing the need to both 

expand airport capacity and provide 

relief from aviation noise, Congress 

enacted the Airport Noise and Capacity 

Act of 1990 (ANCA) on November 5, 

1990 (now codified at 49 U.S.C. 47521– 

47533). The statute required that, after 

December 31, 1999, all jet airplanes over 

75,000 pounds operating in the 

contiguous United States comply with 

Stage 3. The regulations implementing 

the part of the ANCA known as the 

Stage 3 transition rule became effective 

on September 25, 1991, and are codified 

in part 91. The 1991 regulations 

provided two options to transition 

domestic fleets to meet this 

requirement. One option allowed an 

operator to phase out its Stage 2 

airplanes to specified percentages at 

each compliance date. The second 

option allowed operators to begin with 

a fleet that was at least 55 percent Stage 

3 and increase that percentage at each 

compliance date. A new entrant 

operator (one that did not conduct 

operations on or before November 5, 

1990) was required to have a fleet of at 

least 25 percent Stage 3 airplanes at the 

first compliance date and increase the 

percentage thereafter. All operators were 

required to operate 100 percent Stage 3 

fleets after December 31, 1999. The 

transition percentages did not apply to 

non-U.S. operators, though they too 

remain subject to the operating 

limitation after December 31, 1999. 

• 1991—Congress enacted a separate 

Stage 2 restriction for operations in 

Hawaii. 

• 2005—The FAA amended part 36 to 

establish a new quieter noise standard 

to be known as Stage 4. This noise 

standard applied to any person 

submitting an application for a new 

airplane type design on and after 

January 1, 2006. Previous Stage 2 and 

Stage 3 stringencies specified reductions 

at each noise certification measurement 

point (flyover, lateral, and approach). 

Stage 4 combined the three traditional 

measurement points allowing a total 

cumulative reduction without 

specifying reductions at any one 

measurement point. 

• 2012—Congress prohibited the 

operation of jet airplanes weighing less 

than 75,000 pounds from operating in 

the contiguous United States after 

December 31, 2015, unless the airplane 

met Stage 3 noise levels. 

C. Development of the Stage 5 Noise 

Standard 

Much of the background for the 

development of a Stage 5 noise standard 

has taken place in the international 

arena through ICAO. The environmental 

activities of ICAO are largely 

undertaken through the Committee on 

Aviation Environmental Protection 

(CAEP), which was established by ICAO 

in 1983, and which superseded the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 1925 

1The U.S. also conducted a cost/benefit analysis 

to assess the interdependencies associated with the 

noise stringency options under consideration by 

CAEP. The analysis took into consideration the 

environmental impacts of the stringency options 

(including assessing the health and welfare 

impacts) and, quantified interdependencies in 

terms of physical and monetary impacts for aircraftrelated noise, fuel burn and emissions. 

Committee on Aircraft Noise and the 

Committee on Aircraft Engine 

Emissions. The CAEP assists ICAO in 

formulating new policies and adopting 

new standards on aircraft noise and 

aircraft engine emissions. The United 

States is an active member in the CAEP 

activities, with at least one U.S. 

representative participating on each of 

the five working groups of CAEP. 

In 2010, the CAEP Working Group for 

Noise (WG1) was tasked to develop 

options to further reduce airplane noise 

levels. The WG1 met several times over 

two years to accomplish the task. 

Representatives of Working Group 2 for 

Airports and Operations, the Modeling 

and Databases Group, and the Forecast 

Economic Analysis Support Group 

participated in the WG1 meetings to 

acquaint themselves with noise 

stringency options and to help WG1 

define noise data requirements. 

The WG1 considered five more 

stringent noise certification options for 

analysis. The new stringency options for 

analysis were based on the 

‘‘cumulative’’ concept of Chapter 4, 

rather than the ‘‘traditional’’ option with 

specified reductions at each noise 

certification measurement point 

(flyover, lateral, and approach) of Stage 

2 and Stage 3. The five cumulative 

options analyzed were 3, 5, 7, 9 and 11 

decibel reductions from the Chapter 4/ 

Stage 4 levels respectively. 

In reaching a recommendation for a 

new ICAO noise standard for subsonic 

jet and large transport airplanes, the 

CAEP considered estimates of 

comprehensive costs and benefits 

associated with the five options. The 

technical working groups charged by the 

CAEP to conduct the costs and benefits 

analysis used several supporting studies 

conducted by other CAEP working 

groups.1

A CAEP Steering Group met in July 

2012 to review the results of the 

analysis prepared by the CAEP working 

groups and to formulate specific 

recommendations on the new standard 

and on applicability options that were 

to be forwarded to the full CAEP. 

In February of 2013, the 

comprehensive costs and benefits 

analyses of the five stringency options 

that were prepared by the working 

groups and the parallel analysis 

prepared by the United States were 

presented at the ninth meeting of CAEP 

(CAEP9) in February 2013. After lengthy 

discussions, the CAEP9 agreed to 

approve an amendment to Annex 16, 

Volume I that included an increase in 

stringency of 7 EPNdB (cumulative) 

relative to the current Chapter 4 levels. 

In addition, the CAEP9 approved the 

WG1 recommendation to increase the 

stringency for takeoff weights less than 

19,000 pounds (8618Kg). 

At the 201st Session of the ICAO 

Council on March 3, 2014, the new 

Chapter 14 noise standard in Annex 16 

was adopted. The new noise standard, 

which became effective July 14, 2014, 

applies to any application for new type 

designs submitted on or after December 

31, 2017 for aircraft weighing 55,000Kg 

or more; for aircraft weighing less than 

55,000Kg at takeoff, the applicability 

date is December 31, 2020. 

III. Discussion of the Proposal 

The FAA is proposing to establish a 

new Stage 5 noise standard in part 36 

for subsonic jet airplanes and subsonic 

transport category large airplanes. This 

new noise standard would ensure that 

the noise from new airplane designs 

continues to decline, and anticipates the 

incorporation of the latest available 

noise reduction technology. The 

proposed Stage 5 noise standard mirrors 

the ICAO Annex 16, Chapter 14 noise 

standard. The following is a discussion 

of the specific proposed changes to the 

certification standards in part 36 and its 

appendices and the operating rules of 

part 91 that are necessary to establish 

the proposed Stage 5 noise standard. 

A. Definitions (§ 36.1 and § 91.851) 

The FAA is proposing to add the 

following three terms to both § 36.1(f) 

and § 91.851: ‘‘Stage 5 noise level’’, 

‘‘Stage 5 airplane’’ and ‘‘Chapter 14 

noise level.’’ In § 36.1(f), these terms 

would be designated as paragraphs 

(f)(12), (f)(13), and (f)(14) respectively. 

In § 91.851, the defined terms are listed 

alphabetically and these three new 

terms would be inserted accordingly. 

The first term, Stage 5 Noise Level, is 

the designation for maximum permitted 

noise levels for the proposed standard. 

The second term, Stage 5 airplane, is the 

designation given to an airplane that 

complies with the proposed standard. 

The third term, ‘‘Chapter 14 noise 

level’’, is the ICAO Annex 16, Volume 

1 designation that corresponds to the 

Stage 5 noise level. 

B. Incorporation by Reference (§ 36.6) 

The FAA is proposing to add a new 

paragraph (c)(4) to § 36.6 to incorporate 

by reference ICAO Annex 16, Volume 1, 

Aircraft Noise, Seventh Edition, July 

2014, Amendment 11–B. This change 

allows full reference to the 2014 version 

of the ICAO document that includes the 

Chapter 14 requirements for noise 

measurement and evaluation and the 

maximum acceptable noise levels. 

Amendment 11–B introduced the more 

stringent standard designated Chapter 

14 (proposed here as Stage 5 in the 

United States) and includes a new 

Chapter 13 for tiltrotor aircraft noise 

standards. The Annex 16 documents are 

available for purchase by any interested 

person from ICAO. 

C. Acoustical Changes (§ 36.7) 

The FAA is proposing to amend § 36.7 

to include the Stage 5 designation. The 

regulation prohibits certificated 

airplanes from adopting a design change 

that increases noise to the point that a 

lower noise stage designation is needed. 

Accordingly, a new paragraph (e)(5) is 

proposed to specify that a Stage 3 

airplane that becomes a Stage 5 airplane 

would have to remain a Stage 5 

airplane. Paragraph (f) would be 

redesignated (f)(1), and a new paragraph 

(f)(2) would be added to specify that a 

Stage 4 airplane that becomes a Stage 5 

airplane would have to remain a Stage 

5 airplane. A new paragraph (g) would 

be added to specify that a Stage 5 

airplane that underwent a change in 

type design would have to remain a 

Stage 5 airplane. Each of these sections 

apply when an applicant proposes a 

change to a type design that would 

increase noise levels under the 

acoustical change process described in 

14 CFR 21.93(b). 

D. Date New Noise Limits Apply 

(§ 36.103) 

The date the proposed Stage 5 noise 

limits would apply differs depending on 

the maximum certificated take-off 

weight of airplane for which type 

certification is sought: 

• For airplanes with a maximum 

certificated takeoff weight of 121,254 

pounds (55,000 kg) or more, the new 

noise limits would apply to applications 

made on and after December 31, 2017; 

• For airplanes with a maximum 

certificated takeoff weight less than 

121,254 pounds (55,000 kg), the new 

noise limits would apply to applications 

made on and after December 31, 2020. 

As the dates for the new Stage 5 

standard approaches, an applicant may 

find that its airplane meets the Stage 5 

noise limits before they are required. 

Once the Stage 5 standard is effective, 

the applicant may choose to have the 

airplane certificated to Stage 5 earlier 

than required. The FAA is proposing to 

amend § 36.103(c) to indicate that Stage 

4 certification will end on the dates 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

1926 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 

specified for Stage 5. We are also 

proposing two new paragraphs, 

§ 36.103(d) and (e), stating the dates on 

which Stage 5 noise limits are 

applicable, depending on the weight of 

the airplane for which certification is 

sought. 

E. Equivalency Statement in Flight 

Manual (§ 36.106) 

The FAA is proposing to add new 

§ 36.106 entitled ‘‘Flight Manual 

statement of Chapter 14 noise level 

equivalency’’. The need for a noise level 

equivalency statement evolved from 

problems experienced by U.S. operators 

when they were operating outside the 

United States. Because the FAA does 

not issue noise certificates, some foreign 

entities were confused as to the noise 

status of U.S. aircraft, and questioned 

whether Stage 3 references in the flight 

manual were sufficient to meet Chapter 

3 requirements (especially since the two 

standards were not identical). When the 

FAA adopted Stage 4 in 2005, we 

included in § 36.105 a requirement to 

include a statement in the manual that 

the noise levels represent compliance 

with Stage 4. It then states that the FAA 

considered Stage 4 noise levels to be 

equivalent to the Chapter 4 noise levels 

required by ICAO countries. It is an 

important distinction that the FAA was 

not making a finding of compliance 

with Chapter 4, as we have no authority 

to do so. The statement acknowledges 

that the noise levels are considered by 

the FAA to be the same for the two 

certification bases. 

Accordingly, we are proposing a 

similar statement for Chapter 5 noise 

levels being the equivalent to the noise 

levels of Chapter 14. Users of the 

information are encouraged to provide 

feedback on how often this statement 

has been referenced, and whether any 

other information that might be useful 

could be included, as a comment to this 

action. 

F. Alternative Measurement Procedures 

(Appendix A to Part 36) 

Appendix A to part 36 prescribes the 

conditions under which airplane noise 

certification tests must be conducted 

and describes the measurement 

procedures that must be used in the 

measurement of airplane noise during 

certification testing. The most recent 

published ICAO measurement 

procedures that correspond to part 36, 

Appendix A are in Appendix 2 to ICAO 

Annex 16, Environmental Protection, 

Volume I, Aircraft Noise, Third Edition, 

July 2014, Amendment 11–B, that 

became applicable January 1, 2015. 

Before this version was adopted by 

ICAO earlier this year, there had been 

no substantive changes to the 

measurement procedures in either 

document since their harmonization in 

2002. 

To account for the changes to Annex 

16, the FAA is proposing to add a new 

paragraph to Appendix A, A36.1.5, that 

would specify Appendix 2 to ICAO 

Annex 16, Environmental Protection, 

Volume I, Aircraft Noise, Third Edition, 

July 2014, Amendment 11–B, effective 

July 14, 2014, as an acceptable 

alternative for noise measurement and 

evaluation for Stage 5 airplanes. 

Specifying this acceptable alternative 

will harmonize the noise certification 

measurement procedures of part 36 with 

Annex 16, Volume 1 for Stage 5 

airplanes. Since 2002, the FAA has 

allowed the Annex 16 noise 

measurement and evaluation procedures 

as an alternative to those in part 36 for 

subsonic jet airplanes and subsonic 

transport category large airplanes in part 

36. This use creates a nearly uniform 

noise certification standard for airplanes 

certified both in the United States and 

in the countries that recognize the 

Annex as their national standard. 

G. Stage 5 Maximum Noise Levels 

(Appendix B to Part 36) 

Appendix B to Part 36 contains the 

maximum noise levels for transport 

category and jet airplanes, and the noise 

certification test reference procedures 

and conditions. To comply with 

Appendix B, an applicant must show 

that noise levels were measured and 

evaluated using the procedures of 

Appendix A of this part, or an approved 

equivalent procedure. 

In 2005 when the Stage 4 

requirements were adopted, section 

B36.1 was amended to include the ICAO 

Annex 16 requirements for noise 

measurement and evaluation as an 

alternative. We are now proposing to 

amend section B36.1 to include an 

acceptable alternative for Stage 5 noise 

measurement and evaluation. The 

proposed alternative is Appendix 2 to 

ICAO Annex 16, Environmental 

Protection, Volume I, Aircraft Noise, 

Third Edition, July 2014, Amendment 

11–B, applicable January 1, 2015. 

The maximum noise levels for each 

stage airplane are specified in Section 

B36.5. The FAA is proposing to add the 

maximum noise levels for Stage 5 

airplanes as paragraph B36.5(e). 

H. Operational Restrictions (Part 91 

Subpart I) 

The Airport Noise and Capacity Act of 

1990 prohibited the operation of civil 

subsonic jet airplanes over 75,000 

pounds in the contiguous United States 

after December 31, 1999, unless they 

complied with Stage 3 noise levels. This 

restriction was codified in the operating 

rules in § 91.853. That section was 

amended in 2005 to include the 

operation of Stage 4 airplanes when that 

standard was adopted. The FAA is 

proposing to add the phrase ‘‘or Stage 

5’’ to include airplanes certificated to 

the new standard. 

Similarly, in 2012, Congress 

prohibited the operation of civil 

subsonic jet airplanes weighing less 

than 75,000 pounds from operating in 

the contiguous United States after 

December 31, 2015, unless they comply 

with Stage 3 noise levels. That 

restriction was codified in § 91.881, to 

which the FAA now proposes to add the 

phrase ‘‘Stage 4 or Stage 5 noise levels’’ 

to include airplanes certificated to the 

quieter standards. 

Similar changes to account for newer 

certifications are proposed for §§ 91.855, 

91.858, 91.859, 91.881, and 91.883. 

This proposed rule would add a 

definition to § 81.851 for ‘‘Chapter 14 

noise levels’’ to incorporate by reference 

the definition found in ICAO Annex 16, 

(details). That document is described in 

section III B, above. A change to the 

format of § 91.851 is being made to 

account for the addition of a second 

incorporation by reference within the 

definitions. The section will now 

include the definitions themselves in 

paragraph (a) and the references for the 

incorporated documents in paragraph 

(b). 

I. Chapter 14 Stringencies 

The noise limits adopted by ICAO for 

Chapter 4 were 10dB lower at every 

weight than the then-existing Chapter 3. 

However, Chapter 14 imposes the 

stringency requirements at different 

times for different aircraft weights it 

identifies. In addition, for aircraft less 

than 8618kgs, the stringencies adopted 

are not parallel to the Stage 4 standards. 

The FAA understands the Chapter 14 

requirements, proposed here as Stage 5, 

as follows: 

a. An airplane’s maximum flyover, 

lateral and approach noise levels are 

each subtracted from the maximum 

permitted noise levels for Chapter 3 

airplanes defined in Annex 16. The 

differences obtained are the noise limit 

margins which must be 17 EPNdB or 

greater when added together; and 

b. An airplane’s maximum noise 

levels (flyover, lateral, and approach) 

have to be at least 1 EPNdB less than the 

maximum permitted noise levels for 

Chapter 3 airplanes. 

The new standard would apply to 

new airplane types submitted for 

certification after December 31, 2017 (or 

December 31, 2020, for airplanes 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 1927 

weighing less than 55,000 kilograms). In 

addition, the new standard includes 

another condition to the cumulative 

stringency requirement, to require a 

margin of not less than 1.0 dB below 

Chapter 3 limits at each certification 

point. Chapter 14 includes a change in 

the noise limits applicable to subsonic 

jet airplanes with takeoff masses less 

than 8,618kg, and added a second ‘‘knee 

point’’ at 8,618kg, to use the same 

gradient of the limit line at lower 

masses as the higher masses and the 

constant limit line for airplanes with 

masses less than 2,000kg. 

Annex 16 includes a second 

applicability date of December 31, 2020, 

for airplanes with a takeoff weight less 

than 55,000kg. The later compliance 

date was adopted to accommodate 

regional jet and propeller driven aircraft 

manufacturer’s request for time to 

improve their products to meet the new 

stringency. The manufacturers asserted 

to CAEP that the technologies available 

for larger aircraft were not available for 

their lighter products because of 

technical constraints or economical 

unfeasibility. The 2020 applicability 

date is intended to account for the 

delayed changes in technology for 

lighter airplanes. 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 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 the base year of 1995). 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected 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 being included in the preamble if 

a full regulatory evaluation of the costs 

and benefits is not prepared. Such a 

determination has been made for this 

proposed rule. The reasoning for that 

determination follows. 

This proposed rule would establish a 

new Stage 5 noise standard for subsonic 

jet airplanes and subsonic transport 

category large airplanes. The proposed 

noise standard would apply to new type 

designs for which application is made 

on or after December 31, 2017, for 

airplanes with a maximum certificated 

takeoff weight of 121,254 pounds 

(55,000 kilograms) or more, and 

December 31, 2020, for airplanes with a 

maximum certificated takeoff weight of 

less than 121,254 pounds (55,000 

kilograms). 

The proposed noise standard would 

provide more stringent noise 

certification standards for Stage 5 

airplanes certificated in the United 

States and would be consistent with 

those for airplanes certificated under the 

new International Civil Aviation 

Organization (ICAO) Annex 16 Chapter 

14 noise standards. 

The development of the new ICAO 

rule was summarized above. Additional 

documents describing the development 

of the new ICAO rule in more detail, 

including cost analyses used by ICAO, 

are available in the docket. These 

documents include: 

1. Cost-benefit Analysis of CAEP9 

Noise Stringency Options, presented by 

U.S. CAEP Member, COMMITTEE ON 

AVIATION ENVIRONMENTAL 

PROTECTION (CAEP), NINTH 

MEETING, Montreal, 4 to 15 February 

2013. 

2. Report of the Ninth Meeting, 

COMMITTEE ON AVIATION 

ENVIRONMENTAL PROTECTION 

(CAEP), NINTH MEETING, Montreal, 4 

to 15 February 2013. 

Several airplanes currently in 

production that have a maximum 

certificated takeoff weight of more than 

121, 254 pounds already meet the 

proposed Stage 5 noise limits. These 

airplanes include the Airbus A–380 and 

A–350, and the Boeing 747–8 and 787 

models. 

The applicability date of December 

31, 2020, for airplanes with a maximum 

certificated takeoff weight of less than 

121,254 pounds was adopted by the 

ICAO to accommodate the requests of 

the manufacturers of lighter jet and 

propeller-driven airplanes for more time 

to meet the new requirements. These 

manufacturers asserted that the 

technologies available for heavier 

airplanes were not available for their 

products because of technical restraints 

or economic unfeasibility. 

Aerospace technology is continually 

evolving. As performance improvements 

are introduced in airplanes for 

competitive reasons, they often result in 

less noise. For many of the new airplane 

programs announced prior to CAEP9 

(2013), analyses show that such 

airplanes will be able to meet the 

proposed Stage 5 standard without any 

additional cost. 

Recently, there have been 

technological advances in the lower 

weight classes such as the geared 

turbofan engine and the development of 

quieter control surfaces. Given these 

recent technological advances in lighter 

airplanes, the FAA expects all 

manufacturers to be able meet the new 

standards by the December 31, 2020, 

date. As this expectation is crucial to 

the minimal cost determination, the 

FAA requests comments regarding 

whether the existing and expected 

technological advancements will be 

sufficient to allow the manufacturers to 

achieve compliance with the provisions 

of the proposed rule by 2020. 

In 2017 and 2020, when the proposed 

rule would become effective, all new 

type design subsonic transport category 

large airplanes, followed by smaller 

airplanes, will be able to meet the Stage 

5 noise limits by using then-current 

available noise reduction technologies. 

Therefore, the proposed rule would 

have minimal, if any, cost. 

B. Initial Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (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 this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration. The RFA 

covers a wide range of small entities, 

including small businesses, not-forprofit organizations and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

1928 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 

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 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. 

In 2017 and 2020, when the proposed 

rule would become effective, all new 

type design subsonic transport category 

large airplanes, followed by smaller 

airplanes, will be able to meet the Stage 

5 noise limits by using then-current 

available noise reduction technologies. 

Therefore, the proposed rule would 

have minimal, if any, cost. 

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 

would not result in a significant 

economic impact on a substantial 

number of small entities. 

The FAA invites industry comments 

on this determination and requests that 

all comments be accompanied with 

clear and detailed supporting data. 

C. International Trade Impact 

Assessment 

The Trade Agreement 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 reduce 

impediments to international traded by 

aligning United States standards with 

ICAO standards. 

D. 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 (in 

1995 dollars) 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 $155 

million in lieu of $100 million. 

For the reasons stated above regarding 

the expected minimal cost of this 

proposed standard, this proposed rule 

does not contain such a mandate. 

Therefore, the requirements of Title II of 

the Act do not apply. 

E. 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 

noise stringency requirement proposed 

here would not require any new 

collection of information and none is 

associated with this proposed rule. The 

FAA has determined that there would 

be no new requirement for information 

collection associated with this proposed 

rule. 

F. 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. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these proposed regulations. 

Executive Order (E.O.) 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 adopt 

the same regulatory standards as ICAO 

has adopted for Stage 5 (ICAO Chapter 

14) noise certification, preventing any 

unnecessary difference in requirements 

between the United States and countries 

that use ICAO standards as their 

regulatory requirements. 

G. 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 in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312d of the Order and 

involves no extraordinary 

circumstances. 

H. Regulations Affecting Intrastate 

Aviation in Alaska 

Section 1205 of the FAA 

Reauthorization Act of 1996 (110 Stat. 

3213) requires the Administrator, when 

modifying 14 CFR regulations in a 

manner affecting intrastate aviation in 

Alaska, to consider the extent to which 

Alaska is not served by transportation 

modes other than aviation, and to 

establish appropriate regulatory 

distinctions. Because this proposed rule 

would apply to all newly certificated 

airplanes after the dates specified, it 

could, if adopted, affect intrastate 

aviation in Alaska. The FAA, therefore, 

specifically requests comments on 

whether there is justification for 

applying the proposed rule differently 

in intrastate operations in Alaska. 

V. Executive Order Determinations 

A. 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. 

B. 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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 1929 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

VI. Additional Information 

A. 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 only one time. 

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. 

B. Proprietary or Confidential Business 

Information 

Commenters should not file 

proprietary or confidential business 

information in the docket. Such 

information must be sent or delivered 

directly to the person identified in the 

FOR FURTHER INFORMATION CONTACT

section of this document, and marked as 

proprietary or confidential. If submitting 

information on a disk or CD ROM, mark 

the outside of the disk or CD ROM, and 

identify electronically within the disk or 

CD ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

C. 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 

14 CFR Part 36 

Aircraft, Aviation safety, Life-limited 

parts, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 91 

Aircraft, Aviation safety, Life-limited 

parts, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

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, Public Law 96–193, 94 Stat. 50, 57; 

E.O. 11514, 35 FR 4247, 3 CFR, 1966–1970 

Comp., p. 902. 

■ 2. Amend § 36.1 by adding paragraphs 

(f)(12) through (14) to read as follows: 

§ 36.1 Applicability and definitions. 

* * * * * 

(f) * * * 

(12) A ‘‘Stage 5 noise level’’ means a 

noise level at or below the Stage 5 noise 

limit prescribed in section B36.5(e) of 

Appendix B of this part. 

(13) A ‘‘Stage 5 airplane’’ means an 

airplane that has been shown under this 

part not to exceed the Stage 5 noise 

limit prescribed in section B36.5(e) of 

Appendix B of this part. 

(14) A ‘‘Chapter 14 noise level’’ means 

a noise level at or below the Chapter 14 

maximum noise level prescribed in 

Chapter 14 of the International Civil 

Aviation Organization (ICAO) Annex 

16, Volume I, Amendment 11–B, 

applicable January 1, 2015. 

(Incorporated by reference, see § 36.6). 

* * * * * 

■ 3. Amend § 36.6 by adding paragraph 

(c)(4) to read as follows: 

§ 36.6 Incorporation by reference. 

* * * * * 

(c) * * * 

(4) International Standards and 

Recommended Practices entitled 

‘‘Environmental Protection, Annex 16 to 

the Convention on International Civil 

Aviation, Volume I, Aircraft Noise’’, 

Seventh Edition, July 2014, amendment 

11–B, effective July 14, 2014. 

* * * * * 

■ 4. Amend § 36.7 by adding paragraph 

(e)(5), redesignating paragraph (f) as 

(f)(1) and adding paragraphs (f)(2) and 

(g) to read as follows: 

§ 36.7 Acoustical change: Transport 

category large airplanes and jet airplanes. 

* * * * * 

(e) * * * 

(5) If an airplane is a Stage 3 airplane 

prior to a change in type design, and 

becomes a Stage 5 airplane after the 

change in type design, the airplane must 

remain a Stage 5 airplane. 

(f)(1) * * * 

(2) If an airplane is a Stage 4 airplane 

prior to a change in type design, and 

becomes a Stage 5 airplane after the 

change in type design, the airplane must 

remain a Stage 5 airplane. 

(g) Stage 5 airplanes: If an airplane is 

a Stage 5 airplane prior to a change in 

type design, the airplane must remain a 

Stage 5 airplane after the change in type 

design. 

■ 5. Amend § 36.103 by revising 

paragraph (c) and adding paragraphs (d) 

and (e) to read as follows: 

§ 36.103 Noise limits. 

* * * * * 

(c) Type certification applications 

between January 1, 2006, and the date 

specified in paragraph (d) or (e) of this 

section, as applicable for airplane 

weight. If application is made on or after 

January 1, 2006, and before the date 

specified in paragraph (d) or (e) of this 

section (as applicable for airplane 

weight), it must be shown that the noise 

levels of the airplane are no greater than 

the Stage 4 noise limit prescribed in 

section B36.5(d) of appendix B of this 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

1930 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 

part. If an applicant chose to voluntarily 

certificate an airplane to Stage 4 prior to 

January 2006, then the requirements of 

§ 36.7(f) of this part apply to that 

airplane. 

(d) For airplanes with a maximum 

certificated takeoff weight of 121,254 

pounds (55,000 kg) or more, type 

certification applications on or after 

December 31, 2017. If application is 

made on or after December 31, 2017, it 

must be shown that the noise levels of 

the airplane are no greater than the 

Stage 5 noise limit prescribed in section 

B36.5(e) of Appendix B of this part. 

Prior to December 31, 2017, an 

applicant may seek voluntary 

certification to Stage 5. If Stage 5 

certification is chosen, the requirements 

of § 36.7(g) of this part will apply. 

(e) For airplanes with a maximum 

certificated take-off weight of less than 

121,254 pounds (55,000 kg), type 

certification applications on or after 

December 31, 2020. If application is 

made on or after December 31, 2020, it 

must be shown that the noise levels of 

the airplane are no greater than the 

Stage 5 noise limit prescribed in section 

B36.5(e) of Appendix B of this part. 

Prior to December 31, 2020, an 

applicant may seek voluntary 

certification to Stage 5. If Stage 5 

certification is chosen, the requirements 

of § 36.7(g) of this part will apply. 

■ 6. Add § 36.106 to read as follows: 

§ 36.106 Flight Manual statement of 

Chapter 14 noise level equivalency. 

For each airplane that meets the 

requirements for Stage 5 certification, 

the Airplane Flight Manual or 

operations manual must include the 

following statement: ‘‘The following 

noise levels comply with part 36, 

Appendix B, Stage 5 maximum noise 

level requirements and were obtained 

by analysis of approved data from noise 

tests conducted under the provisions of 

part 36, Amendment [insert part 36 

amendment number to which the 

airplane was certificated]. The noise 

measurement and evaluation procedures 

used to obtain these noise levels are 

considered by the FAA to be equivalent 

to the Chapter 14 noise levels required 

by the International Civil Aviation 

Organization (ICAO) in Annex 16, 

Volume 1, Appendix 2, Amendment 11– 

B, applicable January 1, 2015.’’ 

(Incorporated by reference, see § 36.6). 

■ 7. Amend section A36.1 of Appendix 

A by adding paragraph A36.1.5 to read 

as follows: 

Appendix A to Part 36—Aircraft Noise 

Measurement and Evaluation Under 

§ 36.101 

* * * * * 

A36.1.5 For Stage 5 airplanes, an 

acceptable alternative for noise measurement 

and evaluation is Appendix 2 to the 

International Civil Aviation Organization 

(ICAO) Annex 16, Environmental Protection, 

Volume I, Aircraft Noise, Seventh Edition, 

July 2014, Amendment 11–B, effective July 

14, 2014. (Incorporated by reference, see 

§ 36.6). 

■ 8. In appendix B, in section B36.1, 

revise paragraph (b) and add paragraph 

(c), and in section B36.5, add paragraph 

(e) to read as follows: 

Appendix B to Part 36—Noise Levels 

for Transport Category and Jet 

Airplanes Under § 36.103 

* * * * * 

(b) For Stage 4 airplanes, an acceptable 

alternative to paragraph (a) of this section for 

noise measurement and evaluation is 

Appendix 2 to the International Civil 

Aviation Organization ICAO) Annex 16, 

Environmental Protection, Volume I, Aircraft 

Noise, Third Edition, July 1993, Amendment 

7, effective March 21, 2002. (Incorporated by 

reference, see § 36.6). 

(c) For Stage 5 airplanes, an acceptable 

alternative to paragraph (a) of this section for 

noise measurement and evaluation is 

Appendix 2 to the International Civil 

Aviation Organization ICAO) Annex 16, 

Environmental Protection, Volume I, Aircraft 

Noise, Seventh Edition, July 2014, 

Amendment 11–B,, effective July 14, 2014. 

(Incorporated by reference, see § 36.6). 

* * * * * 

(e) For any Stage 5 airplane, the flyover, 

lateral, and approach maximum noise levels 

are prescribed in Chapter 14, Paragraph 14.4, 

Maximum Noise Levels, of the International 

Civil Aviation Organization (ICAO) Annex 

16, Environmental Protection, Volume I, 

Aircraft Noise, Seventh Edition, July 2014, 

Amendment 11–B, effective July 14, 2014. 

(Incorporated by reference, see § 36.6). 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 9. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 1155, 

40103, 40113, 40120, 44101, 44111, 44701, 

44704, 44709, 44711, 44712, 44715, 44716, 

44717, 44722, 46306, 46315, 46316, 46504, 

46506–46507, 47122, 47508, 47528–47531, 

47534, articles 12 and 29 of the Convention 

on International Civil Aviation (61 Stat. 

1180), (126 Stat. 11). 

■ 10. Amend § 91.851 by: 

■ a. Designating the introductory text as 

paragraph (a); 

■ b. Revising the definition for the term 

‘‘Chapter 4 noise level’’ and adding, in 

alphabetical order, definitions for the 

terms ‘‘Chapter 14 noise level’’, ‘‘Stage 

5 airplane’’ and ‘‘Stage 5 noise level’’; 

and 

■ c. Adding paragraph (b). 

The revisions and additions read as 

follows: 

§ 91.851 Definitions. 

(a) * * * 

Chapter 4 noise level means a noise 

level at or below the maximum noise 

level prescribed in Chapter 4, Paragraph 

4.4, Maximum Noise Levels, of the 

ICAO Annex 16, Volume I, Amendment 

7. 

Chapter 14 noise level means a noise 

level at or below the Chapter 14 

maximum noise level prescribed in 

Chapter 14 of the ICAO Annex 16, 

Volume I, Amendment 11–B. Airplanes 

certificated to Chapter 14 are considered 

equivalent to Stage 5, and comply with 

all of the applicable noise operating 

rules of this part. 

* * * * * 

Stage 5 airplane means an airplane 

that has been shown not to exceed the 

Stage 5 noise limit prescribed in part 36 

of this chapter. A Stage 5 airplane 

complies with all of the applicable noise 

operating rules of this part. 

Stage 5 noise level means a noise level 

at or below the Stage 5 noise limit 

prescribed in part 36 of this chapter. 

(b) The Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51 approved the 

incorporation by reference of these 

documents. Copies may be reviewed at 

the U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590 or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(1) International Civil Aviation 

Organization (ICAO), Document Sales 

Unit, 999 University Street, Montreal, 

Quebec H3C 5H7, Canada, http://www.

ICAO.int/eshop/index.cfm: 

(i) ICAO Annex 16, Volume I, 

Amendment 7, effective March 21, 2002. 

(ii) ICAO Annex 16, Volume I, 

Seventh Edition, July 2014, Amendment 

11–B, effective July 14, 2014. 

(2) [Reserved] 

■ 11. Revise § 91.853 to read as follows: 

§ 91.853 Final compliance: Civil subsonic 

airplanes. 

Except as provided in § 91.873, after 

December 31, 1999, no person shall 

operate to or from any airport in the 

contiguous United States any airplane 

subject to § 91.801(c) of this subpart, 

unless that airplane has been shown to 

comply with Stage 3, Stage 4, or Stage 

5 noise levels. 

■ 12. Amend § 91.855 by revising 

paragraph (a) to read as follows: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Proposed Rules 1931 

1Rules concerning ex parte communications 

control all interactions, oral or in writing (including 

electronic), between Commission decision-making 

personnel, and the United States Postal Service 

(Postal Service) or public stakeholders in matters 

before the Commission. 

2See Esa L. Sferra-Bonistalli, Ex Parte 

Communications in Informal Rulemaking, May 1, 

2014, (prepared for consideration of the 

Administrative Conference of the United States) 

(Sferra-Bonistalli Report); Administrative 

Conference of the United States, Administrative 

Conference Recommendation 2014–4, June 6, 2014, 

(Recommendation 2014–4). 

3For example, the Commission administers the 

Annual Compliance Report (ACR), Competitive 

Product (CP), Mail Classification (MC), Market Test 

(MT), Public Inquiry (PI), Rate/Request (R), 

Rulemaking (RM), and Annual Tax Computation (T) 

proceedings. 

§ 91.855 Entry and nonaddition rule. 

* * * * * 

(a) The airplane complies with Stage 

3, Stage 4, or Stage 5 noise levels. 

* * * * * 

■ 13. Amend § 91.858 by revising 

paragraph (a)(2) to read as follows: 

§ 91.858 Special flight authorizations for 

non-revenue Stage 2 operations. 

(a) * * * 

(2) Obtain modifications to meet Stage 

3, Stage 4, or Stage 5 noise levels. 

* * * * * 

■ 14. Revise § 91.859 to read as follows: 

§ 91.859 Modification to meet Stage 3 or 

Stage 4 noise levels. 

For an airplane subject to § 91.801(c) 

of this subpart and otherwise prohibited 

from operation to or from an airport in 

the contiguous United States by 

§ 91.855, any person may apply for a 

special flight authorization for that 

airplane to operate in the contiguous 

United States for the purpose of 

obtaining modifications to meet Stage 3, 

Stage 4, or Stage 5 noise levels. 

■ 15. Revise § 91.881 to read as follows: 

§ 91.881 Final compliance: Civil subsonic 

jet airplanes weighing 75,000 pounds or 

less. 

Except as provided in § 91.883, after 

December 31, 2015, a person may not 

operate to or from an airport in the 

contiguous United States a civil 

subsonic jet airplane subject to 

§ 91.801(e) of this subpart that weighs 

less than 75,000 pounds unless that 

airplane has been shown to comply with 

Stage 3, Stage 4, or Stage 5 noise levels. 

■ 16. Amend § 91.883 by revising 

paragraph (a)(3) to read as follows: 

§ 91.883 Special flight authorizations for 

jet airplanes weighing 75,000 pounds or 

less. 

(a) * * * 

(3) To obtain modifications to the 

airplane to meet Stage 3, Stage 4, or 

Stage 5 noise levels. 

* * * * * 

Issued under authority provided by 49 

U.S.C. 44715 in Washington, DC, on 

December 21, 2015. 

Curtis Holsclaw, 

Acting Executive Director, Office of 

Environment and Energy. 

[FR Doc. 2015–32500 Filed 1–13–16; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL REGULATORY COMMISSION 

39 CFR Parts 3000, 3001, and 3008 

[Docket No. RM2016–4; Order No. 3005] 

Ex Parte Communications 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is proposing 

rules which amend the existing 

Commission rules concerning ex parte 

communications. The proposed rules 

are brought up to date to be consistent 

with the recommended approach to 

agency treatment of ex parte 

communications and reorganized for 

clarity. The Commission invites public 

comment on the proposed rules. 

DATES: Comments are due: February 16, 

2016. Reply comments are due: 

February 29, 2016. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Section-by-Section Analysis of Proposed 

Rule Changes 

IV. Internal Policy and Library Reference 

V. Public Representative 

VI. Solicitation of Comments 

VII. Ordering Paragraphs 

I. Introduction 

This rulemaking is initiated by the 

Postal Regulatory Commission 

(Commission) to fulfill its 

responsibilities under the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law 109–435, 120 Stat. 

3218 (2006). The proposed rules amend 

existing Commission rules concerning 

ex parte communications 1 and obsolete 

rules no longer applicable under the 

PAEA are removed. Existing rules are 

brought up to date to be consistent with 

the recommended approach to agency 

treatment of ex parte communications 2

and are further reorganized for clarity. 

The ex parte communications rules 

currently appear in three areas of the 

Commission’s applicable Code of 

Federal Regulations (CFR). This 

rulemaking proposes to replace, in their 

entirety, the rules currently appearing at 

39 CFR, part 3000, subpart B. This 

rulemaking also proposes to reorganize 

the rules currently appearing at 

§ 3001.7, including a definition 

appearing at § 3001.5(o), and moves this 

material to a new 39 CFR part 3008. 

II. Background 

Applying ex parte communications 

principles promotes transparency and 

openness in government concerning its 

interactions with public stakeholders. 

See Recommendation 2014–4 at 2. 

These principles help prevent the 

perception that an entity may gain an 

unfair advantage over another by 

communicating inappropriately with 

the Commission on an ex parte basis. Id. 

at 3. These principles also reduce the 

risk that Commission decisions will be 

challenged in court based on alleged 

reliance on information obtained 

through inappropriate ex parte 

communications. Sferra-Bonistalli 

Report at 77–78. 

By statute, the Commission is only 

required to place restrictions on ex parte 

communications where the Commission 

must provide an opportunity for hearing 

on the record pursuant to 5 U.S.C. 556– 

557. Under the PAEA, this is limited to 

nature of postal service cases pursuant 

to 39 U.S.C. 3661. 

Historically, the Commission’s 

regulations also extended restrictions on 

ex parte communications to post office 

appeal cases pursuant 39 U.S.C. 

404(d)(5,6) and complaint cases 

pursuant to 39 U.S.C. 3662. The 

Commission views this as appropriate 

because of the potential impact on 

participants and their associated rights 

that may result under these types of 

proceedings. The proposed rules 

continue to impose restrictions on ex 

parte communications for the same 

statutorily required and historical 

proceedings described above. See 

proposed 39 CFR part 3008. 

Many other types of proceedings 

come before the Commission other than 

nature of service, post office closing, 

and complaint proceedings that are 

mentioned above.3 But there is no 

statutory requirement to impose ex parte 

communications restrictions in these 

other proceeding types. However, the 

Commission believes that the 

aforementioned ex parte principles 

suggest that all proceedings before the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS