1130 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This interim rule is a 

relaxation in the apricot handling 

regulations and should be in place as 

soon as possible for the 2012–13 fiscal 

period; (2) handlers need to know as 

soon as possible that they are free to 

market their apricots without regard to 

the order’s handling regulations; (3) this 

issue has been widely discussed at 

various industry and association 

meetings and the Committee has kept 

the industry well informed; (4) handlers 

are aware of this rule, which was 

recommended at a public meeting; and 

(5) this rule provides a 60-day comment 

period and any comments received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 922 is amended as 

follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§§ 922.111 and 922.321 [Suspended] 

■ 2. In Part 922, §§ 922.111 and 922.321 

are suspended in their entirety from 

January 9, 2013 through March 31, 2013. 

Dated: January 2, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–00129 Filed 1–7–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–12–0035; FV12–987– 

1 IR] 

Domestic Dates Produced or Packed in 

Riverside County, CA; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

California Date Administrative 

Committee (Committee) for the 2012–13 

and subsequent crop years from $1.00 to 

$0.90 per hundredweight of dates 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of dates grown or 

packed in Riverside County, California. 

Assessments upon date handlers are 

used by the Committee to fund 

reasonable and necessary expenses of 

the program. The crop year begins 

October 1 and ends September 30. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective January 9, 2013. 

Comments received by March 11, 2013, 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Agreement Division, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938; or Internet: http:// 

www.regulations.gov. Comments should 

reference the docket number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Smutny, Marketing Specialist, or Kurt J. 

Kimmel, Regional Director, California 

Marketing Field Office, Marketing Order 

and Agreement Division, Fruit and 

Vegetable Program, AMS, USDA; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906, or Email: 

Jeffrey.Smutny@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 987, both as amended (7 

CFR part 987), regulating the handling 

of dates produced or packed in 

Riverside County, California, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Riverside County, California 

date handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 

intended that the assessment rate as 

issued herein will be applicable to all 

assessable dates beginning October 1, 

2012, and continue until amended, 

suspended, or terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule decreases the assessment 

rate established for the Committee for 

the 2012–13 and subsequent crop years 

from $1.00 to $0.90 per hundredweight 

of dates. 

The California date marketing order 

provides authority for the Committee, 

with the approval of USDA, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. The members 

of the Committee are producers and 

handlers of Riverside County, California 

dates. They are familiar with the 

Committee’s needs and with the costs 

for goods and services in their local area 

and are thus in a position to formulate 

an appropriate budget and assessment 

rate. The assessment rate is formulated 

and discussed in a public meeting. 

Thus, all directly affected persons have 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 1131 

an opportunity to participate and 

provide input. 

For the 2010–11 and subsequent crop 

years, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from crop 

year to crop year unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on June 12, 2012, 

and unanimously recommended 2012– 

13 expenditures of $260,000 and an 

assessment rate of $0.90 per 

hundredweight of Riverside County, 

California dates. In comparison, last 

year’s budgeted expenditures were 

$265,000. The assessment rate of $0.90 

is $0.10 lower than the rate currently in 

effect. The Committee recommended a 

lower assessment rate because the 2012– 

13 crop is expected to be larger than the 

previous year. Income generated 

through the lower assessment rate 

combined with cull surplus 

contributions and funds contributed by 

the California Date Commission for 

shared marketing activities, should be 

sufficient to cover anticipated 2012–13 

expenses. 

Proceeds from sales of cull dates are 

deposited into a surplus account for 

subsequent use by the Committee in 

covering the surplus pool share of the 

Committee’s expenses. Handlers may 

also dispose of cull dates of their own 

production within their own livestockfeeding operation; otherwise, such cull 

dates must be shipped or delivered to 

the Committee for sale to non-human 

food product outlets. Pursuant to 

§ 987.72(b), the Committee is authorized 

to temporarily use funds derived from 

assessments to defray expenses incurred 

in disposing of surplus dates. All such 

expenses are required to be deducted 

from proceeds obtained by the 

Committee from the disposal of surplus 

dates. For the 2012–13 crop year, the 

Committee estimated that $3,000 from 

the surplus account would be needed to 

temporarily defray expenses incurred in 

disposing of surplus dates. 

The major expenditures 

recommended by the Committee for the 

2012–13 crop year include $110,000 for 

generic marketing promotions, $83,520 

for general and administrative expenses, 

$43,800 for nutrition marketing 

programs, $12,680 for a contingency 

fund, and $5,000 for licensing renewal. 

Budgeted expenses for these items in 

2011–12 were $96,300 for generic 

marketing promotions, $90,000 for 

general and administrative expenses, 

$73,600 for nutrition marketing 

programs, and $5,100 for marketing 

contingency. 

The assessment rate recommended by 

the Committee was derived based upon 

the anticipated size of the 2012–13 crop, 

the Committee’s estimates of the 

incoming reserve, other income, and 

anticipated expenses. Date shipments 

for the year are estimated at 26,500,000 

pounds which should provide $238,500 

in assessment income. Income derived 

from handler assessments, along with a 

$3,000 reimbursement for the cost of 

disposing of surplus culls, and a 

$40,000 contribution from the California 

Date Commission for shared marketing 

expenses, should be adequate to cover 

budgeted expenses. 

Section 987.72(d) states that the 

Committee may maintain a monetary 

reserve not to exceed the average of one 

year’s expenses incurred during the 

most recent five preceding crop years, 

except that an established reserve need 

not be reduced to conform to any 

recomputed average. Funds in the 

reserve are available for the Committee’s 

use during the crop year to cover 

budgeted expenses as necessary or for 

other purposes deemed appropriate by 

USDA. The Committee expects to carry 

a $15,000 reserve into the 2012–13 crop 

year. They expect to add $21,500 to the 

reserve during the year, for a desired 

carryout of approximately $36,500, 

which is well below the limit specified 

in the order. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each crop year to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2012–13 budget and those 

for subsequent crop years will be 

reviewed and, as appropriate, approved 

by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 79 producers 

of dates in the production area and 11 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,000,000. 

According to the National 

Agricultural Statistics Service (NASS), 

data for the most recently completed 

crop year (2011) shows that about 3.68 

tons, or 7,360 pounds, of dates were 

produced per acre. The 2011 grower 

price published by the NASS was 

$1,320 per ton, or $.66 per pound. Thus, 

the value of date production per acre in 

2011 averaged about $4,858 (7,360 

pounds times $.66 per pound). At that 

average price, a producer would have to 

farm over 154 acres to receive an annual 

income from dates of $750,000 

($750,000 divided by $4,858 per acre 

equals 154 acres). According to 

Committee staff, the majority of 

California date producers farm less than 

154 acres. Thus, it can be concluded 

that the majority of date producers 

could be considered small entities. 

According to data from the Committee 

staff, the majority of handlers of 

California dates may also be considered 

small entities. 

This rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2012–13 

and subsequent crop years from $1.00 to 

$0.90 per hundredweight of dates 

handled. The Committee unanimously 

recommended 2012–13 expenditures of 

$260,000 and an assessment rate of 

$0.90 per hundredweight of dates, 

which is $0.10 lower than the 2011–12 

rate, currently in effect. The quantity of 

assessable dates for the 2012–13 crop 

year is estimated at 26,500,000 pounds. 

Thus, the $0.90 rate should provide 

$238,500 in assessment income. Income 

derived from handler’s assessments, 

along with the $3,000 contribution from 

mstockstill on DSK4VPTVN1PROD with 

1132 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 

the surplus program, and the $40,000 

contribution for shared marketing 

expenses should be adequate to meet 

the 2012–13 crop year expenses. 

The major expenditures 

recommended by the Committee for the 

2012–13 crop year include $110,000 for 

generic marketing promotions, $83,520 

for general and administrative expenses, 

$43,800 for nutrition marketing 

programs, $12,680 for a contingency 

fund, and $5,000 for licensing renewal. 

Budgeted expenses for these items in 

2011–12 were $96,300 for generic 

marketing promotions, $90,000 for 

general and administrative expenses, 

$73,600 for nutrition marketing 

programs, and $5,100 for marketing 

contingency. 

The Committee recommended a lower 

assessment rate because the 2012–13 

crop is expected to be larger than the 

previous year. As mentioned earlier, 

date shipments for the year are 

estimated at 26,500,000 pounds which 

should provide $238,500 in assessment 

income. Income derived from handler 

assessments, cull surplus contributions, 

and funds contributed by the California 

Date Commission for shared marketing 

activities, should be sufficient to cover 

anticipated 2012–13 expenses. 

Section 987.72(d) states that the 

Committee may maintain a monetary 

reserve not to exceed the average of one 

year’s expenses incurred during the 

most recent five preceding crop years, 

except that an established reserve need 

not be reduced to conform to any 

recomputed average. Funds in the 

reserve are available for the Committee’s 

use during the crop year to cover 

budgeted expenses as necessary or for 

other purposes deemed appropriate by 

USDA. The Committee expects to carry 

a $15,000 reserve into the 2012–13 crop 

year. They expect to add $21,500 to the 

reserve during the year, for a desired 

carryout of approximately $36,500, 

which is well below the limit specified 

in the order. 

The Committee reviewed and 

unanimously recommended 2012–13 

crop year expenditures of $260,000. 

Prior to arriving at this budget, the 

Committee considered information from 

various sources, such as the 

Committee’s Marketing Subcommittee, 

and Budget Committee. Alternative 

expenditure levels were discussed by 

these groups, based upon relative value 

of various marketing projects to the date 

industry. The assessment rate of $0.90 

per hundredweight of dates was then 

derived, based upon the anticipated 

2012–13 crop size, and the Committee’s 

estimates of the incoming reserve, other 

income, and anticipated expenses. 

Assessing at the $0.90 per 

hundredweight of dates will generate 

approximately $21,500 less than the 

anticipated expenses, which the 

Committee determined to be acceptable, 

as other sources of income should 

provide adequate funds to cover 

expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2012–13 season 

could range between $1,180 and $1,320 

per ton of dates. Therefore, the 

estimated assessment revenue for the 

2012–13 crop year as a percentage of 

total grower revenue could range 

between 1.5 and 1.4 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. In addition, 

the Committee’s meeting was widely 

publicized throughout the California 

date industry and all interested persons 

were invited to attend the meeting and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the June 12, 2012, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express views on this issue. Finally, 

interested persons are invited to submit 

comments on this interim final rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Riverside 

County, California, date handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2012–13 crop year 

begins on October 1, 2012, and the 

marketing order requires that the rate of 

assessment for each crop year apply to 

all assessable dates handled during such 

crop year; (2) the action decreases the 

assessment rate for assessable dates 

beginning with the 2012–13 crop year; 

(3) handlers are aware of this action 

which was unanimously recommended 

by the Committee at a public meeting 

and is similar to other assessment rate 

actions issued in past years; and (4) this 

interim final rule provides a 60-day 

comment period, and all comments 

timely received will be considered prior 

to finalization of this rule. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows: 

PART 987—DOMESTIC DATES 

PRODUCED OR PACKED IN 

RIVERSIDE COUNTY, CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 987.339 is revised to read 

as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2012, an 

assessment rate of $0.90 per 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 1133 

hundredweight is established for 

Riverside County, California dates. 

Dated: January 2, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–00185 Filed 1–7–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 21 and 36 

[Docket No. FAA–2011–0629; Amdt. Nos. 

21–97; 36–29] 

RIN 2120–AJ76 

Noise Certification Standards for 

Tiltrotors 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

regulations governing noise certification 

standards for issuing type and 

airworthiness certificates for a new 

civil, hybrid airplane-rotorcraft known 

as the tiltrotor. This noise standard 

establishes new noise limits and 

procedures as the basis to ensure 

consistent aviation noise reduction 

technology is incorporated in tiltrotors 

for environmental protection. It 

provides uniform noise certification 

standards for tiltrotors certificated in the 

United States and harmonizes the U.S. 

regulations with the standards of the 

International Civil Aviation 

Organization’s (ICAO) Annex 16. 

DATES: Effective March 11, 2013. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

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 

final rule contact Karen Petronis, AGC– 

200, Office of the Chief Counsel, 

International Law, Legislation, and 

Regulations Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–3073; email: 

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 regulation is within the 

scope of that authority since it would 

establish new noise certification test 

procedures and noise limits for a new 

class of aircraft. Applicants for type 

certificates, changes in type design, and 

airworthiness certificates for tiltrotors 

are required to comply with these new 

regulations. 

Overview of Final Rule 

The standards in this final rule apply 

to the issuance of an original type 

certificate, changes to a type certificate, 

and the issuance of a standard 

airworthiness certificate for tiltrotors. 

This final rule creates noise certification 

standards that are applicable to all 

tiltrotors, such as the AgustaWestland 

Model AW609 currently under 

development. These regulations 

incorporate the same standards as ICAO 

Annex 16, Volume 1, Chapter 13, 

Attachment F (Amendment 7) for 

tiltrotors, consistent with the FAA goal 

of harmonizing U.S. regulations with 

international standards. 

Background 

A new aircraft type known as a 

tiltrotor is currently in production after 

more than six decades of research and 

development. The aircraft uses rotating 

nacelles, a hybrid of propellers and 

helicopter rotors, to provide both lift 

and propulsive force. The tiltrotor is 

designed to function as a helicopter for 

takeoff and landing and as an airplane 

during the en-route portion of flight 

operations. 

The most recognizable tiltrotor 

operating today is the V–22 Osprey used 

by the U.S. Marines and the U.S. Air 

Force. The V–22 Osprey was designed 

for the U.S. Department of Defense 

Special Operations Forces and can 

transport 24 fully equipped troops. The 

proposed civil version of the tiltrotor 

would carry up to nine passengers. 

The tiltrotor concept was first 

explored for the U.S. Army in the mid1950s as a convertiplane concept that 

incorporated mixed vertical and forward 

flight capabilities. In 1958, Bell 

Helicopter Textron Inc. (Bell) of Fort 

Worth, Texas developed the XV–3 

tiltrotor for a joint research program 

between the U.S. Army and the U.S. Air 

Force. The Bell XV–3 completed a 

successful full conversion from vertical 

flight to forward cruise and 

demonstrated the feasibility of tiltrotor 

technology. Following the successful 

full conversion of the Bell XV–3, the 

U.S. Army and National Aeronautics 

and Space Administration awarded Bell 

a prototype development contract in the 

mid 1970s to build two Bell XV–15 

tiltrotor demonstrator aircraft. These 

tiltrotor aircraft served as predecessors 

to the V–22 Osprey to demonstrate 

mature tiltrotor technology and flight 

capabilities. 

ICAO Noise Certification Standards 

ICAO is the international body with 

responsibility for the development of 

International Standards and 

Recommended Practices pursuant to 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 standards 

for aircraft noise are contained in Annex 

16, Environmental Protection, Volume 

1, Aircraft Noise. 

In anticipation of civil tiltrotor 

production, ICAO’s Committee on 

Aviation Environmental Protection 

(CAEP) chartered the Tiltrotor Task 

Group (TRTG) in 1997 to develop noise 

certification guidelines for tiltrotors. 

The FAA participated in the TRTG and 

its development of the tiltrotor noise 

guidelines from 1997 to 2000. The ICAO 

tiltrotor guidelines used the same noise 

limits that the United States had 

incorporated into part 36, Appendix H 

for helicopter noise certification. The 

ICAO has included additional 

requirements that are unique to the 

design of tiltrotors. 

On June 29, 2001, the TRTG’s 

guidelines were adopted by the ICAO 

Council for incorporation into Annex 

16, Volume 1, Chapter 13, Attachment 

F (Amendment 7). The ICAO guidelines 

became effective on October 29, 2001, 

with an applicability date of March 21, 

2002. 

Statement of the Problem 

Current regulations in part 36 do not 

contain noise certification requirements 

specific to the tiltrotor and its unique 

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