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

57524 

Vol. 77, No. 181 

Tuesday, September 18, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 36 

[Docket No.: FAA–2012–0948; Notice No. 

12–06] 

RIN 2120–AJ96 

Stage 3 Helicopter Noise Certification 

Standards 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This rulemaking proposes to 

adopt more stringent noise certification 

standards for helicopters that are 

certificated in the United States (U.S.). 

This rule would apply to applications 

for a new helicopter type design and for 

a supplemental type certificate for those 

new type designs. A helicopter type 

certificated under this standard would 

be designated as a Stage 3 helicopter. 

This rule proposes to adopt the same 

noise certification standards for 

helicopters that exist in the standards of 

the International Civil Aviation 

Organization (ICAO). The proposal of 

these more stringent noise certification 

standards into U.S. regulations is 

consistent with the FAA’s goal of 

harmonizing U.S. regulations with 

international standards. 

DATES: Send comments on or before 

November 19, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0948 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule contact Sandy Liu, AEE– 

100, Office of Environment and Energy, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: (202) 

493–4864; facsimile (202) 267–5594; 

email: sandy.liu@faa.gov. For legal 

questions concerning this proposed rule 

contact Karen Petronis, AGC–200, Office 

of the Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–3073; email: 

karen.petronis@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 proposed regulation is 

within the scope of that authority since 

it would establish new noise 

certification standards for helicopters 

that would be applicable to new type 

designs. 

Background 

ICAO Noise Certification Standards 

The International Civil Aviation 

Organization (ICAO) is the international 

body with the responsibility for the 

development of international standards 

under the Convention on International 

Civil Aviation (the Chicago 

Convention). Consistent with their 

obligations under the Chicago 

Convention, Contracting States agree to 

implement ICAO standards in their 

national regulations to the extent 

practicable. The United States is a 

Contracting State to the ICAO. The 

standards for aircraft noise are 

contained in ICAO Annex 16, 

Environmental Protection, Volume 1, 

Aircraft Noise. 

In 1997, ICAO’s Committee on 

Aviation Environmental Protection 

(CAEP) chartered the Rotorcraft Task 

Group (RTG) to study potential 

increases in the stringency of noise 

certification standards for helicopters. 

The FAA participated in the RTG from 

1997 to 2000. By the fifth session of 

CAEP in 2001, more stringent noise 

standards for helicopters were defined. 

These standards prescribe the lowering 

of noise limits for new helicopter types 

while using the same helicopter noise 

certification test procedures that the 

United States had incorporated into part 

36, Appendices H (1988) and J (1992). 

On June 29, 2001, CAEP’s proposed 

noise stringency increases were adopted 

by the ICAO Council for incorporation 

into Annex 16, Volume 1, Chapter 8 and 

Chapter 11 (Amendment 7). ICAO 

guidelines became effective on October 

29, 2001, with an applicability date of 

March 21, 2002. 

Statement of the Problem 

Although ICAO adopted increased 

noise stringency standards for 

helicopters in 2002, the United States 

has yet to adopt these standards into 

part 36. There has been heightened 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 57525 

public awareness of helicopter noise in 

the United States, and the FAA has 

determined that the public would 

benefit from adoption of these more 

stringent standards. The FAA’s adoption 

of these more stringent certification 

standards into part 36, including in 

Appendices H and J, would also satisfy 

the goal of harmonizing U.S. regulations 

with international standards. This 

rulemaking proposes to adopt the same 

noise certification standards for 

helicopters that exist in ICAO Annex 16, 

Volume 1, Chapter 8 and Chapter 11 

(Amendment 7). 

History of U.S. Helicopter Noise 

Regulations 

In 1973, the FAA published an 

advanced notice of proposed 

rulemaking (ANPRM) (38 FR 35487, 

December 28, 1973) that proposed 

standards for aircraft with efficient short 

stage length operations. This class of 

aircraft, referred to as ‘‘short-haul’’, 

included aircraft with short, reduced, 

vertical, or near vertical takeoff and 

landing capabilities. Subsequently, the 

FAA sought further study of appropriate 

noise technologies. At the time of the 

ANPRM, U.S. noise regulations in part 

36 did not include regulations 

applicable to short-haul aircraft, 

including helicopters. 

The ANPRM invited public 

participation in the identification and 

development of standards for additional 

relief and protection to the public health 

and welfare from aircraft noise. 

Comments from the ANPRM caused the 

FAA to focus on appropriate noise 

limits consistent with the current 

technology in drafting an NPRM. In 

1979, the FAA issued an NPRM (44 FR 

42410, July 9, 1979) that proposed first 

ever helicopter noise certification 

standards that included noise limits. 

Comments to the NPRM indicated that 

there was no noise abatement 

technology available at the time that 

could meet the proposed noise levels. 

The FAA subsequently withdrew the 

NPRM (Notice No. 79–13, 46 FR 61486, 

December 17, 1981). 

In 1982, the National Aeronautics and 

Space Administration (NASA), the FAA, 

and American helicopter manufacturers 

set up an accelerated joint research 

program to develop helicopter noise 

abatement technology. This cooperative, 

20-million dollar, multi-year program 

was established to reduce helicopter 

external noise, and develop noise 

prediction tools that could significantly 

lower the costs of applying the 

technology. The FAA continued to 

study the issues of noise certification of 

helicopters in collaboration with ICAO’s 

noise working group. On March 6, 1986, 

the FAA issued an NPRM (Notice No. 

86–3, 51 FR 7878) that proposed 

helicopter certification standards that 

were more consistent with then-current 

technology, and followed procedures 

similar to ICAO Annex 16. 

On February 5, 1988, the FAA 

amended part 36 to include the first 

U.S. helicopter noise certification 

regulations. These regulations set limits 

on noise emissions for new helicopter 

type designs. The regulations designated 

Stage 1 helicopters as those that did not 

meet the newly established limits or had 

never been tested. Stage 2 helicopters 

were those that met the new 

certification standards as defined by the 

noise limits and test procedures 

designated in the regulations. The new 

certification standards applied to the 

issuance of original and amended type 

certificates for helicopters. In addition, 

the regulations prohibited changes in 

the type design of helicopters that might 

increase their noise levels beyond 

certain limits. These regulations 

followed the standards adopted in ICAO 

Annex 16 and included additional 

corrective conditions for engine thrust 

or power. 

This rulemaking proposes the 

adoption of the most recent 

international noise standards for 

helicopters and would allow compliant 

designs to be designated Stage 3. These 

standards would apply to any person 

submitting an application for a new 

helicopter type design on and after the 

effective date of the final rule. This 

proposal is consistent with the effort of 

the fifth session of CAEP and its 

approval of the ICAO standards for 

helicopter noise that were developed 

internationally. 

General Discussion of the Proposal 

This rulemaking proposes more 

stringent noise limits for helicopters to 

be type certificated in the United States. 

The standards would apply to the 

issuance of a new type certificate, and 

subsequent changes to a type certificate 

for which application is made after the 

effective date of this rule. This rule 

proposes to incorporate the same 

standards for helicopters adopted in 

ICAO Annex 16, Volume 1, Chapter 8 

and Chapter 11 (Amendment 7), 

consistent with the FAA goal of 

harmonization of regulations with 

international standards. 

These proposed regulations would: 

• Amend § 36.1 noise certification 

standards for the issuance of type and 

airworthiness certificates for 

helicopters, including new definitions 

and an applicability date for the 

standards; 

• Revise § 36.11 acoustical change 

requirements to include Stage 3 

helicopters; 

• Amend § 36.805 to add dates of 

applicability for the new Stage 3 noise 

limits prescribed in appendices H and J 

of part 36; 

• Amend Appendix H to part 36 to 

include new noise certification limits 

for Stage 3 helicopters of all helicopter 

weights; and 

• Amend Appendix J to part 36 to 

include a new noise certification limit 

for Stage 3 helicopters of 7,000 pounds 

or less. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Orders 12866 and 13563 

direct that each Federal agency shall 

propose or adopt a regulation only upon 

a reasoned determination that the 

benefits of the intended regulation 

justify its costs. Second, the Regulatory 

Flexibility Act of 1980 (Pub. L. 96–354) 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (Pub. L. 96–39) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, this Trade Act requires 

agencies to consider international 

standards and, where appropriate, that 

they be the basis of U.S. standards. 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation with 

base year of 1995). This portion of the 

preamble summarizes the FAA’s 

analysis of the economic impacts of this 

proposed rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this proposed rule. The reasoning for 

this determination follows, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

57526 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 

The proposed rule: 

(1) Imposes no incremental costs and 

provides benefits, 

(2) Is not an economically ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, 

(3) Is not significant as defined in 

DOT’s Regulatory Policies and 

Procedures; 

(4) Would not have a significant 

economic impact on a substantial 

number of small entities; 

(5) Would not create unnecessary 

obstacles to the foreign commerce of the 

United States; and 

(6) Would not impose an unfunded 

mandate on state, local, or tribal 

governments, or on the private sector by 

exceeding the monetary threshold 

identified. 

These analyses are summarized below. 

Currently, there is no U.S. noise 

certification standard for Stage 3 

helicopters in part 36. Part 36 includes 

only noise certification standards for 

Stage 1 and Stage 2 helicopters. There 

are more stringent international noise 

standards for helicopters in ICAO 

Annex 16, Environmental Protection, 

Volume 1, Aircraft Noise, Chapter 8 and 

Chapter 11 (Amendment 7). This 

proposed rule includes the amendments 

to part 36 certification requirements that 

would require more stringent noise 

limits and allow new helicopter type 

designs to be designated Stage 3. This 

proposed rule would allow a helicopter 

that meets the ICAO standards to be 

classified as a Stage 3 helicopter in the 

United States and would also apply to 

new helicopter type certification 

applications dated after the effective 

date of this proposed rule. 

This proposed rule has two major 

benefits. This proposed rule may result 

in quieter helicopter operations for 

those models type certificated under 

these proposed standards. This 

proposed rule also would make it easier 

to sell U.S. Stage 3 helicopters outside 

the United States because the noise 

standards will be the same as those of 

ICAO Annex 16, Volume 1, Chapter 8 

and 11 standards. 

Given the complexity and expense in 

developing new helicopter models, the 

FAA estimates that applications for two 

new helicopter type designs will be 

submitted in the next 10 year period; 

this would mirror the development of 

helicopter type designs in the last 

decade. 

This proposed rule is not expected to 

result in additional costs. The U.S. 

testing procedures for helicopter noise 

certification already exist and require no 

changes when certificating a helicopter 

to Stage 3 standards. Further, these 

proposed standards are not retroactive. 

The proposed rule does not include any 

requirement to modify existing Stage 1 

and Stage 2 helicopters. Therefore, there 

would be no incremental costs for 

certificating a helicopter to Stage 3 

standards. 

Although the FAA cannot quantify 

the benefits of the proposed rule, the 

rule would provide for quieter future 

helicopter models, would be consistent 

with international standards, and would 

not increase the cost of certification or 

noise testing. Thus the FAA finds that 

the benefits exceed the costs of the 

proposed rule. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The RFA covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the Act. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the 1980 RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

Helicopter Manufacturers 

Size standards for small entities are 

published by the Small Business 

Administration (SBA) on their Web site 

at http://www.sba.gov/size. The size 

standards used herein are from ‘‘SBA 

U.S. Small Business Administration, 

Table of Small Business Size Standards, 

Matched to North American Industry 

Classification System Codes’’. 

Aircraft manufacturer size standards 

are listed in the above Table of small 

business size standards under Sector 

31–33-Manufacturing; Subsector 336- 

Transportation Equipment 

Manufacturing; NAICS Code 336411- 

Aircraft Manufacturing. The small entity 

size standard for aircraft manufacturing 

is 1,500 employees. 

American helicopter manufacturers 

range in size from several hundred 

employees to many thousands of 

employees. Therefore, some American 

helicopter manufacturers are small 

entities. However, this proposed rule 

would not have a significant economic 

impact on any small entity because the 

proposed rule imposes no incremental 

costs. 

Consequently, the FAA certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small helicopter 

manufacturers. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the potential 

effect of this proposed rule and 

determined that it would encourage 

international trade by using 

international standards as the basis for 

a rule for the United States noise 

certification of Stage 3 helicopters. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation) in any 

1 year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector; such a mandate is 

deemed to be a ‘‘significant regulatory 

action.’’ The FAA currently uses an 

inflation-adjusted value of $143.1 

million in lieu of $100 million. This 

proposed rule does not contain such a 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 57527 

mandate; therefore the requirements of 

Title II do not apply. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there would 

be no new requirement for information 

collection associated with this proposed 

rule. 

International Compatibility and 

Coordination 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform our regulations to ICAO 

Standards and Recommended Practices 

to the maximum extent practicable. In 

2001, ICAO adopted stringent helicopter 

noise standards. This proposed 

regulation will harmonize U.S. noise 

standards with the international 

standards by adopting the same 

requirements, adapted for U.S. 

regulatory format. 

Executive Order (EO) 13609, 

Promoting International Regulatory 

Cooperation, (77 FR 26413, May 4, 

2012) promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policy and agency 

responsibilities of Executive Order 

13609, Promoting International 

Regulatory Cooperation. The agency has 

determined that this action would 

eliminate differences between U.S. 

aviation standards and those of other 

civil aviation authorities by adopting 

international standards, adapted for U.S. 

regulatory format. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act (NEPA) in the 

absence of extraordinary circumstances. 

This rule proposes to adopt the same 

noise certification standards for 

helicopters adopted by ICAO. This rule 

proposes these noise limits to control 

the maximum noise levels of newly 

certificated helicopters. The FAA finds 

the applicability of these stricter noise 

standards to be environmentally 

consistent with available technology. 

The adoption of more stringent noise 

standards will require new type 

certificated helicopters in the U.S. to 

comply with lower noise levels, thus 

offering increased environmental 

protection. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f of NEPA and involves 

no extraordinary circumstances. 

Executive Order Determinations 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency has determined that this action 

would not have a substantial direct 

effect on the States, or the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, and, 

therefore, would not have Federalism 

implications. 

Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it would not 

be a ‘‘significant energy action’’ under 

the executive order and would not be 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

Additional Information 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the proposals in this document. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, commenters 

should send only one copy of written 

comments, or if comments are filed 

electronically, commenters should 

submit this only once. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Availability of Rulemaking Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW., Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

List of Subjects in 14 CFR Part 36 

Aircraft, Noise Control. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend chapter I of title 14, 

Code of Federal Regulations as follows: 

PART 36—NOISE STANDARDS: 

AIRCRAFT TYPE AND 

AIRWORTHINESS CERTIFICATION 

1. The authority citation for part 36 

continues to read as follows: 

Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 

106(g), 40113, 44701–44702, 44704, 44715; 

sec. 305, Pub. L. 96–193, 94 Stat. 50, 57; E.O. 

11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., 

p. 902. 

2. Amend § 36.1 by redesignating 

paragraph (h)(5) as (h)(7); adding new 

paragraph (h)(5); and adding new 

paragraph (h)(6) to read as follows: 

§ 36.1 Applicability and definitions. 

* * * * * 

(h) * * * 

(5) A ‘‘Stage 3 noise level’’ means a 

takeoff, flyover, or approach noise level 

at or below the Stage 3 noise limit 

prescribed in section H36.305 of 

appendix H of this part, or a flyover 

noise level at or below the Stage 3 noise 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

57528 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Proposed Rules 

limit prescribed in section J36.305 of 

appendix J of this part. 

(6) A ‘‘Stage 3 helicopter’’ means a 

helicopter that has been shown under 

this part to comply with the Stage 3 

noise limits (including applicable 

tradeoffs) prescribed in section H36.305 

of appendix H of this part, or a 

helicopter that has been shown under 

this part to comply with Stage 3 noise 

limits prescribed in section J36.305 of 

appendix J of this part. 

(7) Maximum normal operating RPM 

means the highest rotor speed 

corresponding to the airworthiness limit 

imposed by the manufacturer and 

approved by the FAA. Where a 

tolerance on the highest rotor speed is 

specified, the maximum normal 

operating rotor speed is the highest rotor 

speed for which that tolerance is given. 

If the rotor speed is automatically linked 

with flight condition, the maximum 

normal operating rotor speed 

corresponding with reference conditions 

must be used during the noise 

certification procedure. If rotor speed 

can be changed by pilot action, the 

highest normal operating rotor speed 

specified in the flight manual limitation 

section for reference conditions must be 

used during the noise certification 

procedure. 

3. Amend § 36.11 by revising 

paragraph (c) and adding paragraph (d) 

to read as follows: 

§ 36.11 Acoustical change: Helicopters. 

* * * * * 

(c) Stage 2 helicopters. For a 

helicopter that is a Stage 2 helicopter 

prior to a change in type design, the 

following apply: 

(1) A helicopter must be a Stage 2 

helicopter after a change in type design, 

or 

(2) A helicopter must meet Stage 3 

requirements after the change in type 

design and must remain a Stage 3 

helicopter. 

(d) Stage 3 helicopters. For a 

helicopter that is a Stage 3 helicopter 

prior to a change in type design, the 

helicopter must remain a Stage 3 

helicopter after a change in type design. 

4. Amend § 36.805 by revising 

paragraphs (b)(1) and (2) to read as 

follows: 

§ 36.805 Noise limits. 

* * * * * 

(b) * * * 

(1) When an application for issuance 

of a type certificate in the primary, 

normal, transport, or restricted category 

is made between March 6, 1986 and 

[effective date of rule], that the noise 

levels of the helicopter are no greater 

than the Stage 2 noise limits prescribed 

in either section H36.305 of appendix H 

of this part or section J36.305 of 

appendix J of this part, as applicable; or 

(2) When an application for issuance 

of a type certificate in the primary, 

normal, transport, or restricted category 

is made after [effective date of rule], that 

the noise levels of the helicopter are no 

greater than the Stage 3 noise limits 

prescribed in either section H36.305 of 

appendix H of this part, or section 

J36.305 of appendix J of this part, as 

applicable. 

* * * * * 

5. In Appendix H of part 36 in section 

H36.305: 

A. Revise paragraph (a) introductory 

text; 

B. Revise paragraph (a)(2); 

C. Add paragraph (a)(3). 

The additions and revisions read as 

follows: 

Appendix H to Part 36—Noise 

Requirements for Helicopters Under 

Subpart H 

* * * * * 

Section H36.305 * * * 

(a) Limits. For compliance with this 

appendix, the applicant must show by flight 

test that the calculated noise levels of the 

helicopter, at the measuring points described 

in section H36.305(a) of this appendix, do 

not exceed the following, (with appropriate 

interpolation between weights): 

* * * * * 

(2) Stage 2 noise limits are as follows: 

(i) For takeoff—For a helicopter having a 

maximum certificated takeoff weight of 

176,370 pounds (80,000 kg) or more, the 

noise limit is 109 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.01 EPNdB per 

halving of the weight (mass) down to 89 

EPNdB, after which the limit is constant. 

(ii) For flyover—For a helicopter having a 

maximum certificated takeoff weight of 

176,370 pounds (80,000 kg) or more, the 

noise limit is 108 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.01 EPNdB per 

halving of the weight (mass) down to 88 

EPNdB, after which the limit is constant. 

(iii) For approach—For a helicopter having 

a maximum certificated takeoff weight of 

176,370 pounds (80,000 kg) or more, the 

noise limit is 110 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.01 EPNdB per 

halving of the weight (mass) down to 90 

EPNdB, after which the limit is constant. 

(3) Stage 3 noise limits are as follows: 

(i) For takeoff—For a helicopter having a 

maximum certificated takeoff weight of 

176,370 pounds (80,000 kg) or more, the 

noise limit is 106 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.01 EPNdB per 

halving of the weight (mass) down to 86 

EPNdB, after which the limit is constant. 

(ii) For flyover—For a helicopter having a 

maximum certificated takeoff weight of 

176,370 pounds (80,000 kg) or more, the 

noise limit is 104 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.01 EPNdB per 

halving of the weight (mass) down to 84 

EPNdB, after which the limit is constant. 

(iii) For approach—For a helicopter having 

a maximum certificated takeoff weight of 

176,370 pounds (80,000 kg) or more, the 

noise limit is 109 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.01 EPNdB per 

halving of the weight (mass) down to 89 

EPNdB, after which the limit is constant. 

* * * * * 

6. Amend Appendix J of part 36 by 

revising the appendix heading and in 

section J36.305 by revising paragraph (a) 

to read as follows: 

Appendix J to Part 36—Alternative 

Noise Certification Procedure for 

Helicopters Having a Maximum 

Certificated Takeoff Weight of Not More 

Than 7,000 Pounds 

Section J36.305 * * * 

(a) For primary, normal, transport, and 

restricted category helicopters having a 

maximum certificated takeoff weight of not 

more than 7, 000 pounds that are noise tested 

under this appendix: 

(1) Stage 2 noise limit is constant at 82 

decibels SEL for helicopters up to 1,737 

pounds (787 kg) maximum certificated 

takeoff weight (mass) and increases linearly 

with the logarithm of the helicopter weight 

at a rate of 3.01 decibels SEL per the 

doubling of weight thereafter. The limit may 

be calculated using the equation: 

LAE(limit) = 82 + 3.01 [log10(MTOW/1737)/ 

log10(2)] dB, 

where MTOW is the maximum takeoff 

weight, in pounds. 

(2) Stage 3 noise limit is constant at 82 

decibels SEL for helicopters up to 3,125 

pounds (1,417 kg) maximum certificated 

takeoff weight (mass) and increases linearly 

with the logarithm of the helicopter weight 

at a rate of 3.01 decibels SEL per the 

doubling of weight thereafter. The limit may 

be calculated using the equation: 

LAE(limit) = 82 + 3.01 [log10(MTOW/3125)/ 

log10(2)] dB, 

where MTOW is the maximum takeoff 

weight, in pounds. 

* * * * * 

Issued in Washington, DC, on August 31, 

2012. 

Lourdes Maurice, 

Director, Office of Environment and Energy. 

[FR Doc. 2012–22714 Filed 9–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS