12040 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

§ 1220.622 Certification and request 

procedures. 

* * * * * 

(b) To request a referendum, eligible 

producers may obtain form LS–51–1 in 

person, by mail, or by facsimile during 

the request for referendum period from 

the county FSA office where FSA 

maintains and processes the producer’s, 

corporation’s, or other entity’s 

administrative farm records. For the 

producer, corporation, or other entity 

not participating in FSA programs, the 

opportunity to request a referendum 

would be provided at the county FSA 

office serving the county where the 

producer, corporation, or other entity 

owns or rents land. Eligible producers 

may also obtain form LS–51–1 via the 

Internet at a Web site provided by the 

Secretary. For those persons who chose 

to obtain form LS–51–1 via the Internet, 

the completed form and required 

documentation must be submitted to the 

county FSA office where FSA maintains 

and processes the producer’s, 

corporation’s, or other entity’s 

administrative farm records. For 

producers, corporations, or other 

entities not participating in FSA 

programs, the opportunity to request a 

referendum would be provided at the 

county FSA office serving the county 

where the producer, corporation, or 

other entity owns or rents land. 

* * * * * 

■ 5. In § 1220.628, paragraph (a) is 

revised as follows: 

§ 1220.628 Results of the request for 

referendum. 

(a) The Administrator, FSA, shall 

submit to the Administrator, AMS, the 

reports from all State FSA offices. The 

Administrator, AMS, shall tabulate the 

results of the Request for Referendum. 

USDA will issue an official press release 

announcing the results of the Request 

for Referendum and publish the same 

results in the Federal Register. In 

addition, USDA will post the official 

results at a Web site address provided 

by the Secretary. Subsequently, State 

reports and related papers shall be 

available for public inspection upon 

request during normal business hours at 

an address provided by the Secretary. 

* * * * * 

Dated: February 25, 2014. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2014–04690 Filed 3–3–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 36 

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

36–29] 

RIN 2120–AJ96 

Stage 3 Helicopter Noise Certification 

Standards 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rulemaking adopts more 

stringent noise certification standards 

for helicopters that are certificated in 

the United States (U.S.). This rule 

applies to applications for a new 

helicopter type design. It also allows 

applicants to upgrade Stage 1 and Stage 

2 helicopters to Stage 3 when applying 

for a supplemental type certificate. A 

helicopter type certificated under this 

standard is designated as a Stage 3 

helicopter. This rule adopts the same 

noise certification standards for 

helicopters that exist in the standards of 

the International Civil Aviation 

Organization (ICAO). These more 

stringent noise certification standards 

adopted into U.S. regulations will 

reduce noise exposure from helicopters 

certificated in the United Stated and are 

consistent with the FAA’s goal of 

harmonizing U.S. regulations with 

international standards. 

DATES: Effective May 5, 2014. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Sandy Liu, AEE–100, 

Office of Environment and Energy, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: (202) 

493–4864; facsimile (202) 267–5594; 

email: sandy.liu@faa.gov. 

For legal questions concerning this 

action, contact Karen Petronis, AGC– 

210, Office of the Chief Counsel, 

International Law, Legislation and 

Regulations Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–3073; email: 

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 

establishes new noise certification 

standards for helicopters that are 

applicable to new type designs. 

Overview of Final Rule 

This final rule adopts noise standards 

for helicopters that are to be type 

certificated in the United States. The 

standards apply to applications for a 

new type certificate, and subsequent 

changes to a type certificate for which 

application is made after the effective 

date of this rule. These regulations 

incorporate the same noise certification 

standards for helicopters that exist in 

Annex 16, Volume 1, Chapter 8 and 

Chapter 11 (Amendment 7) in the 

standards of International Civil Aviation 

Organization (ICAO). This action is 

consistent with the FAA goals of 

reducing exposure to helicopter noise 

and of harmonizing U.S. regulations 

with international standards. 

Background 

ICAO Noise Certification Standards 

The ICAO is the international body 

with the responsibility for the 

development of international standards 

under the Convention on International 

Civil Aviation (the Chicago 

Convention). Consistent with their 

obligations under the Chicago 

Convention, Contracting States 

(including the United States) agree to 

implement ICAO standards in their 

national regulations to the extent 

practicable. The standards for aircraft 

noise are contained in ICAO Annex 16, 

Environmental Protection, Volume 1, 

Aircraft Noise. 

In 1997, ICAO’s Committee on 

Aviation Environmental Protection 

(CAEP) chartered the Rotorcraft Task 

Group (RTG) to study potential 

increases in the stringency of noise 

certification standards for helicopters. 

The FAA participated in the RTG from 

1997 to 2000. By the fifth session of 

CAEP in 2001, more stringent noise 

standards for helicopters had been 


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defined. These standards lowered noise 

limits for new helicopter types while 

using the same helicopter noise 

certification test procedures that the 

United States had incorporated into 

Title 14 of the Code of the Federal 

Regulations (CFR) part 36, Appendices 

H and J. 

On June 29, 2001, CAEP’s proposed 

noise stringency increases were adopted 

by the ICAO Council for incorporation 

into Annex 16, Volume 1, Chapters 8 

and 11 (Amendment 7). The ICAO 

guidelines became effective on October 

29, 2001, with an applicability date of 

March 21, 2002. 

Statement of the Problem 

Although ICAO adopted increased 

noise stringency standards for 

helicopters in 2002, the United States 

did not adopt these standards into part 

36. Since that time, there has been 

heightened public awareness of 

helicopter noise in the United States, 

and the FAA has determined that the 

public will benefit from adoption of 

these more stringent standards. The 

FAA’s adoption of these certification 

standards into part 36, including 

Appendices H and J, will also satisfy the 

goal of harmonizing U.S. regulations 

with international standards. This 

rulemaking adopts the same noise 

certification standards for helicopters 

that exist in ICAO Annex 16, Volume 1, 

Chapters 8 and 11 (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) requesting 

comments on the development of 

standards for aircraft with efficient short 

stage length operations. This class of 

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

included aircraft with short, reduced, 

vertical, or near vertical takeoff and 

landing capabilities, and included 

helicopters. At the time of the ANPRM, 

U.S. noise regulations in part 36 did not 

include any noise certification 

regulations applicable to short-haul 

aircraft. 

The ANPRM invited public 

participation to aid in the identification 

and development of standards for this 

separate class of short-haul aircraft for 

relief and protection to the public health 

and welfare from all aircraft noise. 

Following receipt of comments, the 

FAA issued a notice of proposed 

rulemaking (NPRM) (44 FR 42410, July 

9, 1979) that focused on helicopter noise 

certification standards and limits on 

further production of older, noisier 

helicopter types. Comments to the 

NPRM indicated that there was no noise 

abatement technology available at the 

time that could meet the noise levels 

proposed in the NPRM. The FAA 

withdrew the NPRM in 1981 (Notice No. 

79–13, 46 FR 61486, December 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, multi-year program was 

established to reduce helicopter external 

noise, and develop noise prediction 

tools that could significantly lower the 

costs of applying the technology. The 

FAA also continued to study the issues 

of noise certification of helicopters in 

collaboration with ICAO’s noise 

working group. On March 6, 1986, the 

FAA issued an NPRM (Notice No. 86– 

3, 51 FR 7878) that proposed helicopter 

certification standards that were more 

consistent with then-current technology, 

and testing procedures similar to those 

adopted in ICAO Annex 16. 

On February 5, 1988, the FAA 

adopted the first U.S. helicopter noise 

certification regulations as an 

amendment to part 36. These 

regulations set limits on noise emissions 

for new helicopter type designs. 

Helicopters that did not meet the newly 

established limits or had never been 

noise tested were designated as Stage 1. 

Stage 2 helicopters were those that met 

the new certification standards as 

defined by the noise limits and test 

procedures. The new certification 

standards applied to the issuance of 

original and amended type certificates 

for helicopters. In addition, the 

regulations prohibited changes in the 

type design of helicopters that might 

increase their noise levels beyond 

certain limits. These regulations were 

substantially similar to the standards 

adopted in ICAO Annex 16, but 

included additional test conditions for 

engine thrust or power. 

This rulemaking adopts more 

stringent noise levels consistent with 

the most recent international noise 

standards for helicopters and designates 

compliant designs as Stage 3. These 

standards apply to all applications for a 

new helicopter type design submitted 

on and after the effective date of the 

final rule. This rule is consistent with 

the effort of the fifth session of CAEP 

(2001) and its approval of the ICAO 

standards for helicopter noise in Annex 

16, Chapters 8 and 11. 

Summary of the NPRM 

The FAA published an NPRM on 

September 18, 2012 (77 FR 57524) that 

proposed changes to part 36 that would 

establish more stringent noise limits for 

helicopters to be type certificated in the 

United States. The lowered helicopter 

noise limits are identical to the 

standards adopted in ICAO Annex 16, 

Volume 1, Chapter 8 and Chapter 11 

(Amendment 7), and harmonize the U.S. 

regulations with those international 

standards. For helicopters certificated 

under Appendix H to part 36, the 

reduction in the noise limits are ¥4 

EPNdB for flyover, ¥3 EPNdB for 

takeoff and ¥ 1 EPNdB for approach 

conditions. For helicopters certificated 

under Appendix J to part 36, the 

reduction in the noise limit is ¥2.5 dB 

SEL for flyover condition, with the 

constant lower limit, 82 dB SEL, 

extending to 3,125 pounds maximum 

takeoff weight. 

Discussion of Public Comments 

The comment period for the NPRM 

closed on November 19, 2012. Four 

commenters submitted comments to the 

docket: Bell Helicopter Textron 

Company (Bell), Sikorsky Aircraft 

Corporation (Sikorsky), the Helicopter 

Association International (HAI), and an 

individual. 

Bell and Sikorsky noted an 

inconsistency between the proposed 

rule and Annex 16 standards that would 

result in different noise calculations. 

Current § H36.305 uses a value of 3.01 

dB and § J36.305 uses a value of 3.0 dB 

to compute noise limits. The FAA 

proposed a calculation value of 3.01 dB 

for both. That value was derived from 

the noise limit equations in the FAA’s 

2001 Advisory Circular 36–1H. In 2004, 

the FAA intended to change the value 

to 3.0 dB in both Appendices H and J, 

but only Appendix J was changed in a 

final rule harmonizing the noise 

certification regulations for helicopters 

(69 FR 31226, June 2, 2004). 

Bell and Sikorsky each identified this 

inconsistency in the NPRM for 

calculation value used to compute the 

noise limits. Both commenters 

recommended that the FAA adopt the 

ICAO harmonized value of 3.0 dB per 

halving of weight (rather than the 3.01 

dB per halving of the weight as 

proposed) in order to harmonize part 36 

with the ICAO Annex 16 standard. 

While the goal of harmonization 

exists, we are unable to change the 3.01 

historical value of Appendix H because 

it would alter the certification basis of 

several helicopters. Accordingly, this 

final rule adopts the 3.0 dB value for the 

newly adopted Stage 3 standard in both 

Appendices H and J. The values for 

Stage 2 remain unchanged. The FAA 

will also update Advisory Circular (AC) 


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AC 36–1 to reflect the values adopted in 

this rule for Stage 3 certification. 

Bell and Sikorsky also suggested that 

the FAA rewrite proposed § 36.11 for 

Stage 2 helicopter acoustical change. 

Each found that the proposed language 

did not clearly convey that the rule 

contains an option for certification 

applicants to certify to Stage 3 when 

applying for a supplemental type 

certificate for a Stage 1 or Stage 2 

helicopter. Prior to this rule, Stage 2 was 

the quietest noise certification available 

for new or supplemental type 

certificates. Since new type designs 

must meet Stage 3 noise levels, this rule 

provides the option to upgrade a 

helicopter to Stage 3 as part of an 

application for a supplemental type 

certificate. Such voluntary 

recertification to Stage 3 requires that 

the helicopter remain Stage 3 thereafter. 

Bell and Sikorsky suggested that the 

voluntary option is best reflected by 

using the term ‘‘may’’ rather than 

‘‘must’’ in the rule text since the 

applicant is making the choice. The 

FAA agrees that the language could be 

clearer, but disagrees with the suggested 

change. The introductory text of § 36.11 

has been changed to more clearly reflect 

that applicants have a choice when 

applying for a supplemental type 

certificate. 

Bell noted that the FAA did not 

propose an update of the maximum 

normal operating revolutions per 

minute (RPM) that would include the 

current ICAO terminology regarding 

reference rotor speed. Bell indicted that 

it should be included. 

The FAA agrees. This change was 

overlooked in § 36.1(h)(7). Since one of 

the goals of this rulemaking was 

harmonizing with the ICAO standard, 

the change is within the scope of this 

rulemaking. 

The HAI supports the proposed rule 

and states that it is good for the long 

term growth of the industry. No changes 

were made based on this comment. 

An individual commenter expressed 

frustration regarding the amount of 

noise made by airplanes and helicopters 

in general. This comment is not relevant 

to this rulemaking and no changes were 

made based on its content. 

Changes Adopted in This Final Rule 

This final rule incorporates the 

following changes from the NPRM: 

The FAA is adopting a noise limit 

calculation value of 3.0 for Stage 3 in 

§ H36.305 and in § J36.305. 

The FAA has redrafted the 

introductory text of § 36.11 to more 

clearly convey that applicants have an 

option to certificate to a more stringent 

Stage 3 standard. 

The FAA is amending in § 36.1(h)(7) 

on reference rotor speed by adopting the 

term ‘‘reference flight condition,’’ to be 

consistent with ICAO Annex 16 

standards. 

The incorporation of these changes 

more fully harmonizes U.S. regulations 

with the ICAO noise standards for 

helicopters. 

Regulatory Notices and Analyses 

Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 13563 

direct that each Federal agency shall 

propose or adopt a regulation only upon 

a reasoned determination that the 

benefits of the intended regulation 

justify its costs. Second, the Regulatory 

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

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (Pub. L. 96–39) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, the Trade Act requires 

agencies to consider international 

standards and, where appropriate, that 

they be the basis of U.S. standards. 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation with 

base year of 1995). This portion of the 

preamble summarizes the FAA’s 

analysis of the economic impacts of this 

final rule. 

Department of Transportation (DOT) 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If 

the expected cost impact is so minimal 

that a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows. 

This final rule: 

(1) Imposes no incremental costs and 

provides benefits; 

(2) Is not an economically ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866; 

(3) Is not significant as defined in 

DOT’s Regulatory Policies and 

Procedures; 

(4) Will not have a significant 

economic impact on a substantial 

number of small entities; 

(5) Will not create unnecessary 

obstacles to the foreign commerce of the 

United States; and 

(6) Will not impose an unfunded 

mandate on state, local, or tribal 

governments, or on the private sector by 

exceeding the monetary threshold 

identified. 

These analyses are summarized 

below. 

Currently, the United States does not 

have a noise certification standard for 

Stage 3 helicopters in 14 CFR part 36. 

Part 36 includes only noise certification 

standards for Stage 1 and Stage 2 

helicopters. There are more stringent 

international noise standards for 

helicopters in ICAO Annex 16, 

Environmental Protection, Volume 1, 

Aircraft Noise, Chapter 8 and Chapter 

11 (Amendment 7). This final rule 

includes amendments to the part 36 

certification requirements that will 

require more stringent noise limits and 

allow new helicopter type designs to be 

designated Stage 3. This final rule will 

allow a helicopter that meets the ICAO 

standards to be classified as a Stage 3 

helicopter in the United States, and will 

also apply to new helicopter type 

certifications submitted after the 

effective date of this final rule. 

This final rule has two major benefits. 

This final rule will result in quieter 

helicopter operations for those models 

type certificated under these standards. 

This final rule will also make it easier 

to sell U.S. Stage 3 helicopters outside 

the United States because the noise 

standards will be the same as those in 

ICAO Annex 16, Volume 1, Chapter 8 

and 11 standards. 

Given the complexity and expense in 

developing new helicopter models, the 

FAA estimates that applications for two 

new helicopter type designs will be 

submitted in the next 10 year period; 

this would mirror the development of 

helicopter type designs in the last 

decade. 

This final rule is not expected to 

result in additional costs. The U.S. 

testing procedures for helicopter noise 

certification already exist and will not 

change when certificating a helicopter 

to Stage 3 standards. Further, these 

standards are not retroactive. This final 

rule does not include any requirements 

to modify existing Stage 1 and Stage 2 

helicopters. Therefore, there will be no 

incremental costs for certificating a 

helicopter to Stage 3 standards. 


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Although the FAA cannot quantify 

the benefits of this final rule, this rule 

will provide for quieter future 

helicopter models, will be consistent 

with international standards, and will 

not increase the cost of certification or 

noise testing. Thus the FAA finds that 

the benefits exceed the costs of the final 

rule. 

In the NPRM, the FAA stated that the 

expected outcome would be a minimal 

impact with positive net benefits, and a 

full regulatory evaluation was not 

prepared. The FAA received no 

comments on that minimal cost 

determination. 

Therefore, the FAA has determined 

that this final rule has benefits which 

exceed costs and is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The RFA covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in 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 its Web site at 

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

standards used herein are from ‘‘SBA 

U.S. Small Business Administration, 

Table of Small Business Size Standards, 

Matched to North American Industry 

Classification System Codes’’. Aircraft 

manufacturer size standards are listed in 

the above table of small business size 

standards under Sector 31–33— 

Manufacturing; Subsector 336— 

Transportation Equipment 

Manufacturing; NAICS Code 336411— 

Aircraft Manufacturing. The small entity 

size standard is 1,500 employees. 

American helicopter manufacturers 

range in size from several hundred 

employees to thousands of employees. 

Therefore, some American helicopter 

manufacturers are small entities. 

However, this final rule will not have a 

significant economic impact on any 

small entity because the final rule 

imposes no incremental costs. 

The FAA received no comments on 

this RFA determination that was part of 

the proposed rule when it was 

published. 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

section 605(b) of the RFA. Therefore, as 

provided in section 605(b), the head of 

the FAA certifies that this rulemaking 

will not result in a significant economic 

impact on a substantial number of small 

entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA assessed the potential effect 

of the proposed rule in the NPRM and 

determined that it would encourage 

international trade by adopting the same 

standards for Stage 3 helicopters in U.S. 

regulations that have been adopted by 

the ICAO. 

The FAA received no comments on 

this determination. Therefore, the FAA 

determines that this final rule will 

encourage international trade by 

adopting the same noise standards for 

Stage 3 helicopters. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation) in any 

one year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector; such a mandate is 

deemed to be a ‘‘significant regulatory 

action.’’ The FAA currently uses an 

inflation-adjusted value of $151.0 

million in lieu of $100 million. 

This final rule does not contain such 

a mandate. Therefore, the requirements 

of Title II do not apply. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

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

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this final 

rule. 

International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. In 2001, 

ICAO adopted stringent helicopter noise 

standards. This regulation harmonizes 

U.S. noise standards with the 

international standards by adopting the 

same requirements, adapted for U.S. 

regulatory format. 

Executive Order (EO) 13609, 

Promoting International Regulatory 

Cooperation, (77 FR 26413, May 4, 

2012) promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policy and agency 

responsibilities of Executive Order 

13609, Promoting International 

Regulatory Cooperation. The agency has 

determined that this action would 

eliminate differences between U.S. 

aviation standards and those of other 

civil aviation authorities by adopting 


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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 adopts the same noise 

certification standards for helicopters 

adopted by ICAO. This rule promulgates 

these noise limits to control the 

maximum noise levels of newly 

certificated helicopters. The FAA finds 

the applicability of these stricter noise 

standards to be environmentally 

consistent with available technology. 

The adoption of more stringent noise 

standards requires new type certificated 

helicopters in the U.S. to comply with 

lower noise levels, thus offering 

increased environmental protection. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f of NEPA and involves 

no extraordinary circumstances. 

Executive Order Determinations 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

Executive Order 13211, Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

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

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

How To Obtain Additional Information 

Rulemaking Documents 

An electronic copy of a rulemaking 

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List of Subjects in 14 CFR Part 36 

Aircraft, Noise control. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 36 —NOISE STANDARDS: 

AIRCRAFT TYPE AND 

AIRWORTHINESS 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 as follows: 

■ A. Redesignate paragraph (h)(5) as 

(h)(7). 

■ B. Add new paragraph (h)(5); 

■ C. Add new paragraph (h)(6);. 

■ D. Revise newly redesignated 

paragraph (h)(7). 

The additions and revision read as 

follows: 

§ 36.1 Applicability and definitions. 

* * * * * 

(h) * * * 

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

takeoff, flyover, or approach noise level 

at or below the Stage 3 noise limits 

prescribed in section H36.305 of 

appendix H of this part, or a flyover 

noise level at or below the Stage 3 noise 

limit prescribed in section J36.305 of 

appendix J of this part. 

(6) A ‘‘Stage 3 helicopter’’ means a 

helicopter that has been shown under 

this part to comply with the Stage 3 

noise limits (including applicable 

tradeoffs) prescribed in section H36.305 

of appendix H of this part, or a 

helicopter that has been shown under 

this part to comply with the Stage 3 

noise limit prescribed in section J36.305 

of appendix J of this part. 

(7) Maximum normal operating RPM 

means the highest rotor speed 

corresponding to the airworthiness limit 

imposed by the manufacturer and 

approved by the FAA. Where a 

tolerance on the highest rotor speed is 

specified, the maximum normal 

operating rotor speed is the highest rotor 

speed for which that tolerance is given. 

If the rotor speed is automatically linked 

with flight condition, the maximum 

normal operating rotor speed 

corresponding with the reference flight 

condition must be used during the noise 

certification procedure. If rotor speed 

can be changed by pilot action, the 

highest normal operating rotor speed 

specified in the flight manual limitation 

section for reference conditions must be 

used during the noise certification 

procedure. 

* * * * * 

■ 3. Amend § 36.11 by revising 

paragraph (c) and adding paragraph (d) 

to read as follows: 

§ 36.11 Acoustical change: Helicopters. 

* * * * * 

(c) Stage 2 helicopters. For each 

helicopter that is Stage 2 prior to a 

change in type design, after a change in 

type design the helicopter must either: 

(1) Remain a Stage 2 helicopter; or 

(2) Comply with Stage 3 requirements 

and remain a Stage 3 helicopter 

thereafter. 

(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. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12045 

■ 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 on and after March 6, 1986 and 

before May 5, 2014, that the noise levels 

of the helicopter are no greater than the 

Stage 2 noise limits prescribed in either 

section H36.305 of appendix H of this 

part or section J36.305 of appendix J of 

this part, as applicable; or 

(2) When an application for issuance 

of a type certificate in the primary, 

normal, transport, or restricted category 

is made on or after May 5, 2014, that the 

noise levels of the helicopter are no 

greater than the Stage 3 noise limits 

prescribed in either section H36.305 of 

appendix H of this part, or section 

J36.305 of appendix J of this part, as 

applicable. 

* * * * * 

■ 5. In Appendix H to part 36 in section 

H36.305: 

■ A. Revise paragraph (a) introductory 

text; 

■ B. Add paragraph (a)(3). 

The additions and revisions read as 

follows: 

Appendix H to Part 36—Noise 

Requirements for Helicopters Under 

Subpart 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): 

* * * * * 

(3) Stage 3 noise limits are as follows: 

(i) For takeoff—For a helicopter having a 

maximum certificated takeoff weight of 

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

noise limit is 106 EPNdB, which decreases 

linearly with the logarithm of the helicopter 

weight (mass) at a rate of 3.0 EPNdB per 

halving of the weight (mass) down to 86 

EPNdB, after which the limit is 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 3.0 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 3.0 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 section J36.305 paragraph (a) to 

read as follows: 

Appendix J to Part 36—Alternative 

Noise Certification Procedure for 

Helicopters Under Subpart H Having a 

Maximum Certificated Takeoff Weight 

of Not More Than 7,000 Pounds 

* * * * * 

Section J36.305 * * * 

(a) For primary, normal, transport, and 

restricted category helicopters having a 

maximum certificated takeoff weight of not 

more than 7,000 pounds that are noise tested 

under this appendix: 

(1) Stage 2 noise limit is constant at 82 

decibels SEL for helicopters up to 1,737 

pounds (787 kg) maximum certificated 

takeoff weight (mass) and increases linearly 

with the logarithm of the helicopter weight 

at a rate of 3.0 decibels SEL per the doubling 

of weight thereafter. The limit may be 

calculated by the equation: 

LAE(limit) = 82 + 3.0 [log10(MTOW/1737)/

log10(2)] dB, 

where MTOW is the maximum takeoff 

weight, in pounds, for which 

certification under this appendix is 

requested. 

(2) Stage 3 noise limit is constant at 82 

decibels SEL for helicopters up to 3,125 

pounds (1,417 kg) maximum certificated 

takeoff weight (mass) and increases linearly 

with the logarithm of the helicopter weight 

at a rate of 3.0 decibels SEL per the doubling 

of weight thereafter. The limit may be 

calculated using the equation: 

LAE(limit) = 82 + 3.0 [log10(MTOW/3125)/

log10(2)] dB, 

where MTOW is the maximum takeoff 

weight, in pounds. 

* * * * * 

Issued in Washington, DC, on February 20, 

2014. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2014–04479 Filed 3–3–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0694; Directorate 

Identifier 2013–NM–097–AD; Amendment 

39–17775; AD 2014–05–02] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2002–10– 

11, which applied to certain The Boeing 

Company Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes. 

AD 2002–10–11 required repetitive 

inspections for cracking and corrosion 

of the aft pressure bulkhead, and 

corrective actions if necessary; and, for 

certain airplanes, enlargement of frame 

chord drain holes, and repetitive 

inspections of the frame chord drain 

path for debris, and corrective actions if 

necessary. This new AD specifies a 

drain path inspection for all airplanes. 

For certain airplanes, this new AD 

reduces the repetitive inspection 

interval; and adds repetitive inspections 

of the frame chord drain path for 

obstructions and debris, and corrective 

actions if necessary. This AD was 

prompted by three reports of severe 

corrosion in the area affected by AD 

2002–10–11. We are issuing this AD to 

detect and correct corrosion or cracking 

of the aft pressure bulkhead, which 

could result in loss of the aft pressure 

bulkhead web and stiffeners, and 

consequent rapid decompression of the 

airplane. 

DATES: This AD is effective April 8, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of June 27, 2002 (67 FR 36085, May 

23, 2002). 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 


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