[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Rules and Regulations]
[Pages 9327-9333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4316]



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Rules and Regulations
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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Rules 
and Regulations

[[Page 9327]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2008-1097; Amendment No. 91-312]
RIN 2120-AJ31


Aircraft Noise Certification Documents for International 
Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends the operating rules to require U.S. 
operators flying outside the United States to carry aircraft noise 
certification information on board the aircraft. This rule is intended 
to ensure that affected U.S. operators have the appropriate noise 
certification information on board when they fly outside the United 
States as required by the International Civil Aviation Organization 
(ICAO), and to ensure compliance between domestic U.S. regulations and 
ICAO Annex 16, Amendment 8.

DATES: This amendment becomes effective May 3, 2010.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this final rule contact Laurette Fisher, Office of Environment and 
Energy, AEE-100, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3561; facsimile 
(202) 267-5594, e-mail <a href="/cdn-cgi/l/email-protection#014d607473647575642f676872696473416760602f666e77"><span class="__cf_email__" data-cfemail="df93beaaadbaababbaf1b9b6acb7baad9fb9bebef1b8b0a9">[email protected]</span></a>. For legal questions 
concerning this final rule contact Karen Petronis, Senior Attorney for 
Regulations, Office of the Chief Counsel, AGC-200, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone 202-267-3073, e-mail <a href="/cdn-cgi/l/email-protection#fcb79d8e9992d28c99888e9392958fbc9a9d9dd29b938a"><span class="__cf_email__" data-cfemail="9ed5ffecfbf0b0eefbeaecf1f0f7eddef8ffffb0f9f1e8">[email protected]</span></a>.

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 require certain operators to carry on board documentation listing 
the noise characteristics of the aircraft. These characteristics are 
already contained in the aircraft flight manual and approved as part of 
the aircraft's airworthiness certification, and compliance with 14 CFR 
part 36.

Background

    On October 23, 2008, the FAA published a notice of proposed 
rulemaking (NPRM) proposing to amend 14 CFR part 91 to add a new 
paragraph in Sec.  91.703 to require the carriage of noise 
certification documents on board aircraft that leave the United States 
(73 FR 63098). A brief history of the FAA's regulation of aircraft 
noise certification requirements (14 CFR part 36) was presented in the 
preamble of the NPRM.
    The FAA proposed requiring affected operators that fly outside the 
United States using aircraft subject to the International Civil 
Aviation Organization (ICAO) Annex 16 \1\ to carry aircraft noise 
certification information on board the aircraft. As stated in the NPRM, 
the ICAO adopted this requirement in Amendment 8 of Annex 16, Volume 1 
on February 23, 2005, and it became effective on November 24, 2005. 
Paragraph 1.4 of Annex 16 now requires that ``documents attesting noise 
certification shall be approved by the State of Registry and required 
by that State to be carried on the aircraft.''
---------------------------------------------------------------------------

    \1\ ICAO Annex 16, Volume I, Part II. Chapter 1, Paragraph 1,1 
states that: The provisions of 1.2 to 1.6 shall apply to all 
aircraft included in the classifications defined for noise 
certification purposes in Chapters 2, 3, 4, 5, 6, 8, 10, 11 and 12 
of this part where such aircraft are engaged in international air 
navigation.
---------------------------------------------------------------------------

    The current U.S. regulations in part 36 (Sec. Sec.  36.1581 and 
36.1583) describe the specific noise certification data requirements 
that need to be included in an FAA-approved Airplane Flight Manual 
(AFM) or Rotorcraft Flight Manual (RFM) as part of an aircraft's 
certification. However, there is no specific operating requirement for 
the entire FAA-approved AFM/RFM to be carried on board an aircraft, 
including the noise certification data. In the United States, we have 
relied on the fact that no airworthiness certificate will be issued 
unless an aircraft complies with the applicable noise requirements in 
part 36. Accordingly, we have never implemented a separate operating 
rule that requires the data be on board the aircraft. The addition of 
this requirement is meant to satisfy the ICAO standard since other 
countries may not recognize the underlying U.S. system.
    For U.S. air carriers operating under part 121, a carrier is 
allowed to create an Aircraft Operations Manual (AOM) or a Flight Crew 
Operating Manual (FCOM) as an alternative to the AFM to be carried on 
board the aircraft. That manual typically contains only the aircraft 
limitations and performance information from the FAA-approved AFM. The 
AOM or FCOM may or may not contain the noise characteristics pages from 
the FAA-approved AFM, depending on the operator's needs and the 
manual's organization. This rule requires all U.S. operators to carry 
the appropriate noise certification information on board when they fly 
outside the United States.
    The issue of noise documentation was undertaken by the Certificate 
Task Group (CTG) of the ICAO's Committee on Aviation Environmental 
Protection Noise Technical Working Group. As a member State of ICAO, 
the United States participates in this task group. A more in-depth 
discussion of the task group's activities may be found in the preamble 
to the NPRM for this rule.
    The CTG considered various options for standardization of documents 
to be carried by aircraft operators. The ICAO member States use a 
variety of administrative systems, with differing requirements for 
noise documentation at certification and for designating documents that 
must be carried on board. The CTG proposed three options designed to 
accommodate the varying certification practices and existing regulatory 
systems of its member States.

[[Page 9328]]

The three options were incorporated into a new Attachment G to Annex 
16, Volume 1, Amendment 8. Attachment G describes the three options to 
satisfy the certification documentation requirements of Sections 1.4 
and 1.5 as follows:
    1. A stand-alone State-issued noise certificate in which the 
mandatory information requirements of Annex 16, Volume 1, are contained 
in a single document.
    2. Two complementary documents, one of which may be the Airplane 
Flight Manual (AFM) or the Airline Operations Manual (AOM).
    3. Three complementary documents.
    As explained in the NPRM, Option 1 is not available to U.S. 
operators. The FAA does not have the statutory authority required to 
issue stand-alone noise certificates.
    Option 2, which requires the carriage of two complementary 
documents, accommodates those ICAO member States, including the United 
States, that do not include all noise certification data on a single 
certificate.
    Option 3, which requires three documents, was designed for other 
member States and would be more burdensome than option 2.

ICAO Option 2 Compliance

    For U.S. operators, the first document is the aircraft 
airworthiness certificate issued by the FAA. An aircraft must meet the 
noise certification requirements of part 36 in order to be issued an 
airworthiness certificate, and it is already required to be carried on 
board.
    The second document is one that contains the noise certification 
data that is already contained in the AFM/RFM, but not required under 
current U.S. regulation to be carried on board. Operators that 
currently carry the noise data on board in the AFM, RFM, AOM, or FCOM 
may already satisfy ICAO option 2 and this regulation.
    Operators that do not carry the noise certification data as part of 
one of those documents have several choices. One is to incorporate the 
approved data as part of on-board manuals. One of the limits of this 
option is that noise certification data is often contained in different 
parts of the original flight manuals, and could be burdensome to 
locate, incorporate, and access.
    Operators may choose to create and carry a separate document 
containing the noise certification data required by ICAO. Annex 16 does 
not specify the format for that information, and neither does this 
regulation.
    Before ICAO changed Annex 16 to make the carriage of noise data 
mandatory, the FAA had published a draft Advisory Circular (AC) (70 FR 
60127, October 14, 2005) that recommended that U.S. operators be 
prepared to produce noise certification data when operating outside of 
the United States. That draft AC also included a suggested format for 
the data. Before that AC was made final, ICAO made data carriage 
mandatory. In response, the FAA realized that a regulatory change was 
needed and that advisory material was no longer appropriate. The AC was 
never finalized.
    When we proposed this rule change in 2008, we included an almost-
identical version of the form from the draft AC as an optional means of 
gathering the AFM/RFM noise data that would satisfy the ICAO 
requirements as the second document for Option 2. That suggested form 
is also included here as one method of ensuring that the already 
approved data is easily accessed. Operators are free to adopt other 
ways to carry the data as fits their operations.

Comments to the NPRM

    The FAA received 8 comments in response to the NPRM. Comments were 
submitted by four operators, two individuals, one industry association 
and one aircraft manufacturer. All the commenters except one supported 
the proposed rule.
    The NPRM sought input on the form in which the information is to be 
carried and included the draft optional form that included the 
information already in the possession of operators and required by 
Annex 16. Five of the commenters suggested that operators be allowed to 
determine the format in which noise certification data is to be 
carried, and where on the aircraft it will be kept. Ameristar Air Cargo 
suggested it be made part of an operator's operations specifications 
because an additional document would be burdensome. FedEx Express 
indicated it had developed its own form and has been using it 
successfully in several ICAO countries since the FAA issued the draft 
AC in 2005. Continental Airlines indicated that it has chosen to 
maintain the information in graph form as it appears in its airplane 
flight manuals from the manufacturers. Gulfstream Aerospace also stated 
that it had developed its own certificate for its customer that it 
believes meets the intent of the proposed regulation.
    The FAA agrees that operators are free to use whatever format works 
best for them as long as the information required by Annex 16 is 
available to the flight crew. It can be a form developed by a 
manufacturer, or by the operator for its own use. Operators may choose 
to incorporate the applicable pages from an FAA-approved flight manual, 
or they may transfer that data to an optional form such as the one 
provided as an example in the rule. As long as the information required 
by Annex 16 Sections 1.4 and 1.5 is included for individual aircraft 
and accessible to the flight crew, an operator will be in compliance 
with this regulation.
    We disagree that the operations specifications are an appropriate 
place for such information. Operations specifications are not designed 
to be aircraft specific. As illustrated by the optional form and 
indicated in the NPRM, discrete information for each airplane must be 
carried. Airplanes may not be grouped on a form, such as a list of 
serial numbers for all of the aircraft of one model.
    Note that we do not and will not refer to this information carried 
in any form as a ``noise certificate'' since it is not issued by the 
FAA and does not have the legal standing of a certificate issued by the 
FAA. As discussed previously, the FAA has no authority to issue such a 
certificate. Calling such items ``noise certificates'' could be 
confusing since there are countries that issue noise certificates.
    FedEx Express suggested several changes to the information as shown 
on the optional form, including changing the name to ``Noise 
Certification Document,'' removing certain information identifying the 
operator, deleting the references to the source of the noise data (such 
as the dated airplane flight manual with the revision number), and 
deleting the information at the end of the form indicating that the 
data were included in an FAA-approved document and that responsibility 
for its correct transfer is that of the operator. None of these changes 
is acceptable. The suggested change to reference part 36 compliance in 
lieu of a reference to an approved manual is unacceptable since a 
statement of part 36 compliance, by itself, does not provide any 
information specific to the aircraft. While FedEx Express states that 
it could be burdensome to have to change the reference when an AFM is 
revised, the AFM remains the document that contains the FAA approval 
for the aircraft noise data, and is thus the source of the data 
regardless of the format in which an operator chooses to carry it. 
Further, allowing the operator the choice of format is a reason to 
clearly indicate that the data were formatted by the operator, not the 
FAA, and that the only FAA-approved source is the airplane flight 
manual. That

[[Page 9329]]

information is considered essential to Annex 16 compliance.
    One operator, Florida Air Transport, indicated that it operates 
several older airplanes between the United States and places in the 
Caribbean. None of its airplanes have ever been noise certificated 
since all pre-date the requirements for such testing and certification. 
Florida Air Transport asked if ICAO has an exemption for such aircraft.
    Annex 16 does not account for the existence of older airplanes that 
were never subject to noise certification requirements. The concept is 
well understood in other ICAO member States, however, and certain 
``grandfathering'' clauses have been adopted, some informally.
    The FAA will be publishing guidance in the form of an AC on what 
airplanes it has determined pre-date the noise certification 
requirements of part 36. In order to comply with this regulation, we 
suggest that some form be carried containing as much information as is 
available regarding the aircraft, but we will provide a recommended 
statement for inclusion that replaces certain noise levels that are not 
entered on the form. The FAA anticipates that the AC will be available 
at the time the final rule is published.
    The Regional Airline Association requested that the proposed rule 
be withdrawn since the FAA did not indicate in the NPRM how we 
concluded that a regulation was necessary. The RAA indicated that the 
``only rationale'' for the proposed regulation is that ``it might 
`help' U.S. air carriers who might possibly be cited by inspectors in 
other countries.'' The RAA said that since ICAO standards ``are 
directed at ``States of Registry'' not the individual airlines,'' it is 
within the prerogative of a member State not to enforce, and suggests 
the FAA request a waiver, which the RAA characterizes as ``routine.''
    The RAA is mistaken in its characterization of Annex 16 and the 
actions required by ICAO member States. While it is possible to file a 
difference with ICAO standards, it is not a routine occurrence and 
carries more than moderate risk. It is not simply a matter of a member 
State choosing not to enforce one of the ICAO regulations. Aircraft 
operators that do not comply with ICAO standards may be denied entry to 
other ICAO countries. Filing a difference merely serves notice that the 
operators from a member State are not in compliance, it is not a free 
pass to ignore particular ICAO regulations.
    Before the carriage of noise documentation was a requirement in 
Annex 16, it was a note, which was advisory in nature and suggested 
that noise certification data be carried on an aircraft that left its 
member State. In 2005, however, ICAO adopted it as a requirement in 
Annex 16 and the advisory nature of compliance disappeared. As stated 
in the NPRM, when a review of our regulations revealed that there was 
no requirement in U.S. regulations to carry noise data, we began the 
process of this rulemaking to comply with the Annex requirement.
    The FAA is not requiring any particular format for carriage of the 
information, but cautions operators that all of the information 
required by the Annex must be carried to comply with both Annex 16 and 
the new Sec.  91.703(a)(5). Annex 16 contains Attachment G, which is 
the ICAO's suggested format for the document. The FAA developed the 
optional form included in this document from Attachment G, modifying it 
to indicate that the form is the responsibility of the operator and not 
an FAA-approved document. For an operator that does not have the 
resources to research and develop its own form, we strongly suggest 
that the optional FAA form be used to eliminate inconsistencies in the 
data carried. The FAA has received approval from the Office of 
Management and Budget (OMB <greek-i>2120-0737) to maintain this as an 
official form.
    One commenter recommended that the FAA also issue an Advisory 
Circular (AC) or other guidance regarding means of compliance for this 
proposal.
    The FAA will be issuing guidance material at the time this final 
rule is published. We anticipate that the AC will contain the optional 
form, the instructions for completing the form that appear in this 
document, and guidance for aircraft that are not required to be noise 
certificated because of their age.

Summary of Changes to the Final Rule

    No substantive changes are being made from the rule proposed in the 
NPRM. This final rule adds a new paragraph (a)(5) to Sec.  91.703 that 
requires aircraft subject to ICAO Annex 16 to carry noise certification 
data on board when those aircraft leave the United States.
    Format of the data is at the operator's discretion. Operators 
developing their own formats are advised to ensure that all of the 
information required by ICAO Annex 16 Sections 1.4 and 1.5 is included. 
Data carried on board must be specific to each aircraft. Lists of 
aircraft noise levels that apply to more than one serial number 
aircraft are not acceptable for compliance. The FAA encourages 
operators to use the optional form included in this publication as a 
means of ensuring that all of the required data are included. The data, 
in whatever chosen format, must be available to the flight crew. To the 
extent that operators have the approval to carry documents 
electronically, this information may be included. The FAA will not be 
signing or otherwise approving the forms carried by the operator. The 
FAA does not issue noise certificates and information carried to comply 
with this regulation may not be referred to as an official or approved 
noise certificate. Accurate data transfer from an FAA-approved data 
source is the responsibility of the operator.
BILLING CODE 4910-13-P

[[Page 9330]]

[GRAPHIC] [TIFF OMITTED] TR02MR10.000

BILLING CODE 4910-13-C
    The following describes the data to be entered on the form:
    1. United States of America (ICAO-required name of member State).
    2. Title (Aircraft Noise Certification Information), plus the name 
of the operator and contact information.
    3. Document number (optional for operator's use).
    4. The nationality or common mark and registration marks (in the 
United States, N-number).
    5. The aircraft manufacturer and manufacturer's designation of the 
aircraft (model and series, as appropriate).
    6. The aircraft serial number.
    7. The type and model of the subject aircraft's engine(s) (for 
identification and verification of the aircraft configuration).

[[Page 9331]]

    8. For propeller-driven airplanes, the propeller type and model.
    9. The maximum takeoff mass and unit. The primary U.S. unit differs 
from the international unit: the appropriate conversion factor can be 
found in ICAO Annex 5. To avoid confusion, a U.S. operator may choose 
to record weight/mass in both English and metric units. An example of a 
conversion change from pounds to kilograms is shown below:
    Aircraft weight (pounds) conversion to aircraft mass (kilograms) 
\2\:
---------------------------------------------------------------------------

    \2\ In 1959, the directors of the national standards 
laboratories of the United States, Canada, the United Kingdom, 
Australia, New Zealand, and the Union of South Africa agreed on 
common definitions of the customary length and mass units. They 
define the pound avoirdupois as 4.53592 E-01 kg. The engineering 
practice of using lbm for pound mass is obsolete.

------------------------------------------------------------------------
 To convert aircraft weight from          to              Multiply by
------------------------------------------------------------------------
pound (lb)......................  kilogram (kg).....  4.53592 E-01.
------------------------------------------------------------------------

    Example: For a Boeing 747-400F that weighs 875,000 lb, 875,000 (lb) 
x 4.53592 E-01 (kg/lb) = 396,893 (kg)
    10. The maximum landing mass and unit. To avoid confusion, a U.S. 
operator may choose to record weight/mass in both English and metric 
units. See conversion example above.
    11. The Part 36 noise stage of the certificated aircraft. The 
terminology of aircraft certification classification in the United 
States is ``Stage'' rather than ``Chapter'' as used in Annex 16. The 
U.S. term is recognized by ICAO and is not considered a difference from 
Annex 16. Note that the term ``Stage'' is not applicable to airplanes 
certificated under 14 CFR part 36, Subpart F.
    12. Any modifications to the aircraft incorporated for compliance 
with applicable noise certification standards. This item should include 
any modifications to the basic aircraft described in items 7 and 8.
    13. The lateral/full-power noise level, as certificated. Operators 
of U.S.-registered aircraft must use the 14 CFR part 36 certificated 
noise levels, expressed as Effective Perceived Noise Level (EPNdB). 
Note: For 14 CFR part 36, appendix B, certifications that predate 
Amendment 36-24 use the term ``sideline'' instead of ``lateral.''
    14. The approach noise level, as certificated. Operators of U.S.-
registered aircraft must use the 14 CFR part 36, appendices B or H 
certificated noise levels, expressed as EPNdB.
    15. The flyover noise level, as certificated. Operators of U.S.-
registered aircraft must use the 14 CFR part 36 certificated noise 
levels, expressed as EPNdB. For rotorcraft, certificated under 
appendices H or J, noise levels are expressed as either EPNdB or A-
weighted Sound Exposure Level (dBA SEL), respectively. Note: For 14 CFR 
part 36, appendix B certifications that predate Amendment 36-24 use the 
term ``takeoff'' instead of ``flyover.''
    16. The overflight noise level, as certificated. Operators of U.S.-
registered aircraft must include the 14 CFR part 36 certificated noise 
levels. For small airplanes, certificated under appendix F, noise 
levels are expressed as maximum A-weighted sound level (dBA). For 
rotorcraft, certificated under appendices H or J, noise levels are 
expressed as either EPNdB or A-weighted SEL (dBA SEL), respectively.

    Note: The terminology describing this noise level in 14 CFR part 
36 is ``flyover'' rather than ``overflight'' as used in Annex 16.

    17. The takeoff noise level, as certificated. Operators of U.S.-
registered aircraft must use the 14 CFR part 36, appendices G and H 
certificated noise levels as described in item 16.
    18. A statement that the individual aircraft complies with the 
applicable noise requirements of the U.S. regulations applicable to its 
type and size.
    19. The date on which the noise certification document was created 
by the operator.
    20. The signature of the official of the operator attesting to the 
accuracy of the information in the FAA Form.
    Listing multiple aircraft with similar characteristics on the same 
document will not be allowed. Only the data for the single aircraft 
listed in the serial number and registration sections is to be listed 
on this form. Failure to carry the correct information, regardless of 
form, is considered a violation of the regulation.

Paperwork Reduction Act

    Information collection requirements associated with this final rule 
have been previously approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0737.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, the FAA policy is 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 determined this regulation is a means of compliance with Annex 16 
regarding noise documentation carried on board aircraft that leave the 
United States.

Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs 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).
    The 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 the 
proposal or final rule does not warrant a full evaluation, this order 
permits that a statement to that effect and the basis for it to be 
included in the preamble if a full regulatory evaluation of the cost 
and benefits is not prepared. Such a determination has been made for 
this final rule. The reasoning for this determination follows:
    This final rule will require operators of U.S. registered civil 
aircraft flying outside the United States subject to ICAO Annex 16, 
Volume 1, Amendment 8, to carry aircraft noise certification data on 
board the aircraft. Operators may comply with the rule by transferring 
the data from the Airplane Flight Manual or Airline Operations Manual 
to a suggested form included in this rulemaking. Operators may also 
choose to carry the required information in a different format. The 
rule will require that this information be easily accessible to the 
flight crew and

[[Page 9332]]

presentable upon request to the appropriate officials.
    The FAA was unable to determine the exact number of U.S. registered 
aircraft that will be subject to this final rule. Also, the FAA 
received no comments about its methodology used to estimate the cost of 
this rule. Therefore, the FAA will continue to use (as an overestimate) 
the total number of passenger jet and cargo jet aircraft registered to 
U.S. mainline carriers in its cost computations. Based on the FAA 
Aerospace Forecast, there are a total of 5,066 aircraft currently 
registered to U.S. mainline air carriers.\3\
---------------------------------------------------------------------------

    \3\ Tables 20 and 21, U.S. Mainline Air Carriers, Cargo Jet 
Aircraft, FAA Aerospace Forecast, FY 2008-2025.
---------------------------------------------------------------------------

    For the purposes of this analysis, we assume that operators would 
choose to comply with the final rule by using the provided recommended 
form. This form would be completed one time for each aircraft. We 
estimate that completion of the form would require 15 minutes of a 
technical writer's time and 10 minutes of a chief pilot's or chief 
engineer's time. The average wage rate for a technical writer is $29.95 
per hour \4\ after accounting for fringe benefits. The average wage 
rate for a chief pilot or chief engineer is estimated at $79.48 per 
hour \5\ after accounting for fringe benefits.
---------------------------------------------------------------------------

    \4\ FAA, APO-310, N & O Rule Regulatory Evaluation.
    \5\ Hourly wage derived by taking median salary of $133,916 for 
a chief pilot, dividing by 2,080 hours per year, and multiplying by 
the fringe benefit factor of 1.2345. Salary source: http://swz.salary.com/salarywizard/layouthtmls/swzl_compresult_national_TR20000019.html, last accessed June 30, 2008.
---------------------------------------------------------------------------

    The cost of the final rule per affected airplane was derived by 
multiplying the technical writer's wage rate of $29.95 per hour by 0.25 
hours required to complete the form, and adding to that the chief 
pilot's wage rate of $79.48 per hour multiplied by 0.17 hours required 
to review and sign the form. Thus, compliance with this regulation will 
result in a per-airplane cost of $21. As a result, the initial cost of 
the final rule will be $21 per aircraft times 5,066 aircraft, for a 
total of $106,386. Operators may subsequently decide to purchase or 
modify aircraft affected by the final rule. If they do so, operators 
will incur an extra cost of $21 per additional airplane to bring it 
into compliance with ICAO Annex 16, Volume 1, Amendment 8.
    This final rule will ensure that U.S. aircraft that fly outside the 
United States are in compliance with ICAO Annex 16, Amendment 8. 
Operators will benefit from the rule by having the proper documentation 
readily available for foreign authorities, avoiding delays and 
detainment when noise certification status is questioned. The FAA 
believes that the negligible cost of compliance with this rule is 
outweighed by the benefit of compliance with the international 
standard.

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 objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, 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-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a 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 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.
    This rule will ensure that U.S. operators have consistent noise 
certification information on board when they fly outside the United 
States. This rule is needed to ensure compliance with the ICAO Annex 16 
that requires certain noise information be carried on board. Under the 
final rule, each small entity will incur a one-time cost of $21 per 
aircraft currently in its fleet. Operators may subsequently decide to 
purchase or modify aircraft affected by the final rule; if they do so, 
they will incur an extra cost of $21 per airplane to comply. The FAA 
does not consider this a significant cost. The FAA received no comments 
from the public regarding this finding. Therefore, as the Administrator 
of the FAA, I certify that this final rule will not have a significant 
impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreement 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. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles 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 final rule and has determined that it will 
affect only those U.S. operators that conduct international operations. 
The expected outcome of this final rule will be a minimal impact on 
affected operators with the net benefits of ICAO compliance.

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 with the base year 1995) 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 $136.1 million in lieu of $100 million.
    This final rule does not contain such a mandate.

Executive Order 13132, Federalism

    The FAA has analyzed this NPRM under the principles and criteria of 
Executive Order 13132, Federalism. We determined that this action will 
not have a substantial direct effect on the States, or the relationship 
between the Federal Government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
and, therefore, does not have federalism implications.

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

[[Page 9333]]

absence of extraordinary circumstances. The FAA has determined this 
rulemaking action qualifies for the categorical exclusion identified in 
paragraph 312f and involves no extraordinary circumstances.

Regulations That Significantly Affect Energy, Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using 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.gpoaccess.gov/fr/index.html.
    You can also get a copy 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. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    You may search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review DOT's complete Privacy Act 
statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or you may visit http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR part 91

    Aircraft, Noise control, Reporting and recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter 1 of Title 14, Code of Federal Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506, 46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat 1180).


0
2. Amend Sec.  91.703 by adding paragraph (a)(5) to read as follows:


Sec.  91.703  Operations of civil aircraft of U.S. registry outside of 
the United States.

    (a) * * *
    (5) For aircraft subject to ICAO Annex 16, carry on board the 
aircraft documents that summarize the noise operating characteristics 
and certifications of the aircraft that demonstrate compliance with 
this part and part 36 of this chapter.
* * * * *

    Issued in Washington, DC, on February 18, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-4316 Filed 3-1-10; 8:45 am]
BILLING CODE 4910-13-P


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