This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

46123 

Vol. 82, No. 191 

Wednesday, October 4, 2017 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 36 and 91 

[Docket No.: FAA–2015–3782; Amdt. Nos. 

36–31; 91–349] 

RIN 2120–AK52 

Stage 5 Airplane Noise Standards 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

noise standard for certain newly 

certificated subsonic jet airplanes and 

subsonic transport category large 

airplanes. This noise standard, known 

as Stage 5, applies to any person 

submitting an application for a new 

airplane type design with a maximum 

certificated takeoff weight of 121,254 

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

December 31, 2017; or with maximum 

certificated takeoff weight of less than 

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

December 31, 2020. This change will set 

a lower noise limit for newly 

certificated airplanes and harmonize the 

noise certification standards for those 

airplanes certificated in the United 

States with those certificated under 

international standards. 

DATES: This rule is effective November 

3, 2017. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register as of November 3, 2017. 

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: 

Mehmet Marsan, Office of Environment 

and Energy, AEE–100, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–7703; email 

mehmet.marsan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44715 Controlling aircraft noise and 

sonic boom. Under that section, the 

FAA is charged with prescribing 

regulations to measure and abate aircraft 

noise. This regulation is within the 

scope of that authority since it would 

establish stricter noise limits for certain 

newly certificated airplanes. Applicants 

for type certificates and changes in type 

design made after the dates in this 

rulemaking will be required to comply 

with the new regulation. 

I. Overview of Final Rule 

This rulemaking adopts a new noise 

standard for newly certificated subsonic 

jet airplanes and subsonic transport 

category large airplanes. By lowering the 

noise limit, this standard requires 

quieter designs and encourages 

manufacturers to adopt the latest 

available noise reduction technology 

into their aircraft designs. This 

rulemaking adopts new noise 

certification standards for airplanes 

certificated in the United States (known 

as Stage 5) that are equivalent to the 

International Civil Aviation 

Organization (ICAO) Annex 16, Volume 

I standard known as Chapter 14. 

II. Background 

In a Notice of Proposed Rulemaking 

(NPRM) titled Stage 5 Airplane Noise 

Standards, the FAA proposed a new 

noise standard for certain aircraft to (81 

FR 1923, January 14, 2016). A brief 

history of the FAA’s regulation of 

aircraft noise since 1969 was presented 

in the preamble to that NPRM. 

The new Stage 5 noise standard 

applies to any person submitting an 

application for a new airplane type 

design that has a maximum certificated 

takeoff weight (MTOW) of 121,254 

pounds (maximum certificated takeoff 

mass (MTOM) 55,000 kg) or more on or 

after December 31, 2017; or that has a 

MTOW of less than 121,254 pounds 

(MTOM less than 55,000 kg) on or after 

December 31, 2020. This change reduces 

the noise that may be produced by 

newly certificated airplanes and 

harmonizes the noise certification 

standards for airplanes certificated in 

the United States with the standard 

adopted by the International Civil 

Aviation Organization in Annex 16, 

Volume 1 Chapter 14, effective July 14, 

2014. 

Much of the development of a Stage 

5 noise standard took place in the 

international arena through ICAO. The 

Committee on Aviation Environmental 

Protection (CAEP) is a technical 

committee of the ICAO Council. The 

CAEP assists the Council specifically in 

formulating new policies and adopting 

new standards for aircraft noise and 

emissions, and more generally on 

matters of the environmental impacts of 

aviation. The development of ICAO 

standards follows a structured, 

transparent and multi-staged process 

involving a number of technical and 

non-technical working groups. These 

working groups are either part of the 

ICAO or closely associated with it. The 

activities of the CAEP working groups 

are guided by the CAEP Steering Group 

as their oversight committee. 

The United States is an active member 

in CAEP, and has at least one member 

on each of the five working groups of 

CAEP. These working groups are named 

for their focus areas: WG1 for Noise, 

WG2 for Airports and Operations, WG3 

for Emissions, MDG for Modeling and 

Databases, and FESG for Forecast 

Economic Analysis Support. 

In 2010, the CAEP Working Group for 

Noise (WG1) was tasked to develop 

options that would further reduce 

permissible airplane noise levels. The 

group met several times over the 

following two years. Representatives 

from WG3, the MDG, and the FESG 

participated in the WG1 meetings to 

become familiar with the noise 

stringency options that would be 

considered when future noise standards 

were set, and to assist WG1 in setting up 

databases for comparing the options for 

costs and benefits. 

In coordination with the other 

participating working groups, WG1 

chose five options for reduced noise 

limits that were more stringent than 

Chapter 4. The group noted that the 

stringencies of earlier Chapter 2 and 


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1Effective Perceived Noise Level in decibels as 

described in ICAO Annex 16, Volume 1, Appendix 

2, Section 4 or section A36.4.1 of appendix A to 

part 36. 

2The ICAO publishes its aircraft noise standards 

in the Standards and Recommended Practices of 

Annex 16, Volume 1. Each new ICAO standard is 

published as a new chapter, and the chapter 

number becomes the shorthand designation of the 

new stringency. In the United States, the adoption 

of a new standard in 14 CFR part 36 is identified 

as the next ‘Stage’ number in sequence. Using this 

system, the U.S. and ICAO stringency levels tracked 

each other numerically, e.g., Stage 3 was the 

equivalent of Chapter 3, and Stage 4 was the 

equivalent of Chapter 4. However, ICAO had 

already used Chapter 5 for a different standard, and 

the next number available was Chapter 14. 

Accordingly, while these noise stringency standards 

are known as Chapter 14 by ICAO, they are being 

adopted in the United States as Stage 5. 

3As discussed, while Chapter 4 increased 

stringency, it did not contain a requirement for a 

minimum reduction at any of the measurement 

points; the gains could have been at one, two or all 

three points. Chapter 14 includes a minimum 

reduction of 1dB at each point (7dB overall), but 

since it was not a requirement in Chapter 4, the 

base level for decrease is referenced at Chapter 3 

levels. 

Chapter 3 standards could be described 

as based on the ‘‘traditional’’ concept of 

specified reductions at each noise 

certification measurement point 

(flyover, lateral, and approach). Chapter 

4, however, had adopted a ‘‘cumulative 

margin’’ concept under which reduction 

was expressed as a total and could be 

spread across the three measurement 

points as chosen by an applicant. The 

stringency options presented to CAEP 

for analysis continued to be based on 

the ‘‘cumulative margin’’ concept of 

Chapter 4. The options analyzed were 

cumulatively 3, 5, 7, 9, and 11 decibels 

lower than Chapter 4 levels. As the lead 

technical working group, WG1 prepared 

the results for the 2014 CAEP meeting. 

In reaching a recommendation for a new 

noise standard for subsonic jet and large 

transport airplanes, the CAEP 

considered estimates of comprehensive 

costs and benefits associated with the 

five options. 

The activities of the working groups 

were overseen by the CAEP Steering 

Group. The Steering Group met in July 

2012 to review the results of the 

analyses prepared by the working 

groups in order to formulate specific 

recommendations on the new standard, 

and on applicability options that were 

forwarded to the full CAEP. 

In February 2013, the comprehensive 

costs and benefits analyses for the five 

stringency options that were prepared 

by the working groups, as well as a 

parallel analysis of the same five 

options prepared by the United States, 

were presented at the ninth meeting of 

CAEP (CAEP9). After lengthy 

discussion, the CAEP9 agreed to an 

increase in stringency of 7 EPNdB1

(cumulative) relative to Chapter 4 levels. 

The new standard, known as Chapter 

14,2 introduced a condition in addition 

to the cumulative stringency 

requirement, one that requires a margin 

of not less than 1.0 dB below Chapter 

3 3 limits at each certification point. 

Similar to Chapter 4 requirements, the 

noise margins for Chapter 14 are 

calculated by subtracting the measured 

noise levels at the three microphone 

locations from the three corresponding 

noise limits in Chapter 3. However, 

Chapter 14 includes a mandatory 

minimum reduction in the noise limits 

applicable to subsonic jet airplanes with 

MTOM less than 8,618 kg (MTOW 

19,000 pounds). Figure 1 is a graphical 

representation of the reduction of noise 

limits at MTOM lower than 8,618 kg for 

each of the three measurement points. 

The figure includes the modified 

Chapter 3 noise limits that use the same 

gradient of the limit line at lower 

masses as the higher masses, and 

transitions to a flat limit line for 

airplanes with MTOM less than 2,000kg 

(MTOW 4,409 pounds). This figure is 

not included in the regulation since the 

actual limits are calculated based on the 

MTOM of the aircraft at certification. 

This figure is an illustration of how the 

noise limits compare for airplanes of 

different weights under Chapter 14. 


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Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 46125 

In March 2014, the 201st Session of 

the ICAO Council adopted the Chapter 

14 noise standards for new airplane type 

designs. Chapter 14 will apply to new 

type certificates for airplanes with an 

MTOM of 55,000 kg (MTOW of 121,254 

pounds) or more for which applications 

are submitted on and after December 31, 

2017. For airplanes with an MTOM of 

less than 55,000 kg (MTOW less than 

121,254 pounds) the limits apply to 

certification applications submitted on 

and after December 31, 2020. 

It was noted in the NPRM, and 

restated for emphasis here, that the 

adoption of the Stage 5 noise standard 

for new airplane type designs does not 

signal the start of any action by the FAA 

to change the current operational noise 

limits for any aircraft in the United 

States. The current U.S. operating rules 

require that jet aircraft meet at least 

Stage 3 noise limits (see 14 CFR 91.853 

and 91.881). The current noise limit 

applicable to new type designs is Stage 

4 (see § 36.103(c)). The adoption of the 

Stage 5 noise standard for new airplane 

type designs does not affect either of 

these requirements. Changes to the 

noise operating rules in the United 

States would be subject to full notice 

and comment rulemaking procedures, 

and have not been proposed. The 

adoption of Stage 5 does not affect 

either the operation of the current U.S. 

fleet or new type designs submitted 

before the applicable compliance date 

for Stage 5. 

A. Summary of the NPRM 

On January 14, 2016, the FAA 

proposed a new noise standard for 

certain subsonic jet airplanes and 

subsonic transport category large 

airplanes, to be known as Stage 5. As 

proposed, the new certification standard 

would apply to any person submitting 

an application for a new airplane type 

design that has an MTOW of 121,254 

pounds (MTOM 55,000 kg) or more on 

and after December 31, 2017; or with an 

MTOW of less than 121,254 pounds 

(MTOM 55,000 kg) on and after 

December 31, 2020. The change is 

intended to reduce the noise produced 

by new airplanes and harmonize the 

noise certification standards for those 

airplanes certificated in the United 

States with the new Chapter 14 ICAO 

noise standard that was effective July 

14, 2014. Failure to harmonize the 

standards could result in a certification 

applicant having to show compliance 

with two different standards, 

unnecessarily adding to the cost of noise 

certification without any benefit. 

The proposed rule also included a 

change to appendix B to part 36, section 

B36.1(b), which allows the use of Annex 

16 standards as an alternative for noise 

testing. The FAA found that the 

regulation adopted in 2005 

inadvertently omitted the phrase ‘‘to 

paragraph (a) of this section’’ to 

designate what the Annex was an 

alternative to. This phrase is added into 

section B36.1(b) in this rule so that 

paragraph (b) and the new paragraph (c) 

(the alternative for Stage 5) will read the 

same. 

The NPRM invited interested persons 

to participate in the rulemaking by 

submitting written comments, data, or 

views. It also invited comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in the 

NPRM. 

B. Response to Comments 

The FAA received seven comments in 

response to the NPRM. Two 

commenters supported the rule as 

proposed, four suggested changes to the 

rule, and one identified a typographical 

error in the NPRM. 


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The Boeing Company and Airlines for 

America (A4A), an association of U.S. 

air carriers, supported all aspects of the 

proposal, with A4A including extensive 

comments supporting the process of 

working with ICAO in setting noise 

standards. 

Two organizations, the Los Angeles 

International Airport/Community 

Roundtable (Roundtable) and the City of 

Culver City, California requested that 

the FAA include a phaseout of existing 

Stage 3 airplanes as part of the adoption 

of the new Stage 5 noise standards. The 

Roundtable is a voluntary organization 

with members from civil associations 

and government that work to identify 

and mitigate noise issues that affect the 

residential communities surrounding 

Los Angeles International Airport 

(LAX). Culver City is a municipality in 

close proximity to LAX. 

Culver City considered the lack of a 

phaseout for Stage 3 airplanes a notable 

omission from the NPRM, stating that 

the Airport Noise and Capacity Act of 

1990 (ANCA) mandated the 

implementation of Stage 3 technology 

by the end of 1999 along with the phaseout of all Stage 2 aircraft over 75,000 

pounds. Culver City requested that the 

FAA promulgate a staged phaseout of 

Stage 3 aircraft beginning 

contemporaneously with the 

implementation of Stage 5 regulations. 

The Roundtable requested the same 

action as Culver City, stating that a 

phaseout would reduce aircraft noise in 

a shorter time frame. 

The FAA considers the requests to 

initiate a phaseout of Stage 3 jet aircraft 

to be beyond the scope of the proposed 

rule. The NPRM indicated that the 

proposed certification action was not to 

be considered a harbinger of a new 

operational standard. The previous 

eliminations of Stage 2 jet operations in 

the contiguous United States were 

required under two separate statutory 

provisions by Congress. For larger jets, 

the phaseout and ultimate prohibition 

on operation were mandated in ANCA. 

For jets under 75,000 pounds, Congress 

mandated a cessation of operations as of 

January 1, 2015; that statutory ban did 

not include a phaseout nor did it require 

any action by the FAA other than to 

enforce the operational prohibition. The 

NPRM noted for this rule that the 

proposal was limited to the adoption of 

a Stage 5 certification standard, in part 

to harmonize domestic U.S. certification 

standards with those of ICAO. These 

certification actions are sequential, 

reflect advances in technology, and 

serve to prevent backsliding by 

manufacturers. An operational 

phaseout, such as the one that took 

place in the 1990’s following 

Congressional direction, is a significant 

undertaking affecting a different 

segment of the aviation industry. The 

ANCA phaseout had no effect on the 

noise certification basis of airplanes— 

Stage 3 had been adopted as the noise 

certification standard effective in 1975 

(see § 36.106(b)) and was the standard 

included by Congress in the 1990 

statute. The comments suggesting a new 

phaseout of Stage 3 jets did not address 

the significant differences between 

certification changes and operational 

restrictions, the length of time any 

suggested phaseout should take, nor did 

they present any indication of the 

significant costs and benefits that would 

necessarily form the basis of such an 

action. The proposed Stage 5 rule does 

not provide any basis to attach an 

operational restriction, and none is 

included in the final rule. 

An individual commenter suggested 

five changes to the proposed rule. First, 

the commenter suggested that section 

B36.6 of appendix B to part 36 specify 

that noise tradeoffs are available only 

for Stage 1, 2 and 3 airplanes. The FAA 

disagrees in part. For a Stage 1 airplane, 

tradeoffs would be available only after 

recertification to Stage 2 (or higher) 

noise levels; there were no noise levels 

established for Stage 1 airplanes from 

which there could be tradeoffs. While 

the FAA agrees that the notation might 

be a helpful clarification for Stage 2 and 

3 airplanes, the suggestion is outside the 

scope of the changes proposed in the 

NPRM. The FAA will keep note of the 

comment as a suggested change for any 

future cleanup rule for part 36. 

The second suggestion, which was 

also made by an anonymous 

commenter, stated that regardless of the 

applicable noise stringency level, part 

36 should specify the latest versions of 

referenced documents instead of one or 

more earlier versions. 

The FAA disagrees. There are legal 

requirements attached to the use of nonFAA standards such as ICAO Annex 16. 

These requirements for Incorporation by 

Reference (IBR) allow for a specific 

document to be incorporated, and it 

must be submitted at the time IBR is 

requested. It must be identifiable, dated, 

and meet a certain level of availability. 

This ensures that a standard can be 

referenced as complete at the time a 

regulation is adopted. The IBR rules of 

the Office of the Federal Register do not 

allow for a nebulous ‘‘current version’’ 

to be referenced, since it would then 

depend on the time a person read a 

regulation and would present a shifting 

requirement. Changes to standards 

based on incorporated documents, such 

as a later version, can only be made by 

rulemaking. While this final rule makes 

changes to the IBR section of part 36 as 

discussed in the following section, no 

changes have been made to the final 

rule based on this comment. Persons 

interested in how IBR works can learn 

more by consulting the Office of the 

Federal Register’s handbook that 

explains the process at https://

www.archives.gov/federal-register/write/ 

handbook. 

The third suggestion by the individual 

commenter is to remove the proposed 

requirement in § 36.106 to include a 

Chapter 14 equivalency statement in an 

Airplane Flight Manual (AFM). The 

comment did not include any 

justification for this suggested change, 

nor state any reason it is inappropriate 

or ineffective in U.S. regulations. 

Starting with Stage 4, the equivalency 

statement became standard in the AFM 

pages. Over the years, noise-related 

information in the AFM (including the 

equivalency statements and other 

supporting documents) developed into 

an effective resource in demonstrating 

certificated noise levels of a U.S. 

registered aircraft operating outside the 

United States. The FAA plans to keep 

the equivalency statements for both 

Stage 4 and 5. No change was made 

based on this comment. 

For reasons unrelated to this 

comment, we are amending § 36.105 to 

remove the reference to an IBR at the 

end of the paragraph. The required 

language for the flight manual, indicated 

by quotes in the rule, is not itself an 

IBR. 

The fourth and fifth comments by the 

individual commenter requested 

changes to § 36.6, the IBR section for 

part 36 for matters of ‘‘presentation’’ 

and identification of ICAO Annex 16. 

The FAA is adopting a change to the 

format of § 36.6 as required by the Office 

of the Federal Register to update its use 

as a centralized IBR section. As adopted, 

the content of the IBR paragraph, 

including the order of the material as 

stated, complies with the publication 

requirements of the Office of the Federal 

Register. The FAA anticipates that the 

required update of the section will 

address the commenters concerns. 

An anonymous commenter noted that 

the Web site address given for the 

availability of ICAO documents no 

longer works. The FAA will replace the 

Web site address in the final rule. The 

updated address for the ICAO Web site 

is: http://www.icao.int/publications/ 

Pages/default.aspx. 

The same anonymous commenter 

asked why Chapter 4 and Stage 4 (or 

Chapter 14 and Stage 5) do not have the 

same definitions in part 91, suggesting 

that they should all be referenced ‘‘as 

described in part 36 of this chapter.’’ 


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The U.S. regulations cannot be used 

to determine what Chapter 4 or Chapter 

14 contains or requires. Since the 

standards are incorporated by reference, 

their definitions necessarily cite back to 

the official source in ICAO Annex 16. 

Further, the FAA is not authorized to 

make findings of legal compliance to 

Chapter 4 or Chapter 14; it only 

certificates aircraft to Stage 4 or 5 (for 

example). This has led to the IBR 

references and eventually to the 

equivalency statements in AFMs since 

the U.S. does not make findings under 

ICAO standards. These equivalency 

statements are meant to assist operators 

of U.S.-certificated aircraft when they 

operate in ICAO countries and need to 

show the noise compliance of their 

aircraft. 

However, we did find that the 

addition of the definition of Chapter 14 

to part 91 is not necessary since part 91 

is limited to domestic operating rules 

and references aircraft by stage. 

Accordingly, we are adding that 

definition only to part 36. 

Other than the corrections noted, no 

changes are being made in this final rule 

based on the comments received. The 

rule is adopted as proposed. 

C. Changes From the NPRM 

The FAA was notified by the Office of 

the Federal Register that the centralized 

IBR section for part 36 (§ 36.6) needed 

to be updated to the new format 

published in 2016. Accordingly, this 

final rule includes format changes to 

§ 36.6 and to various sections of part 36 

and its appendices that reference 

incorporated documents. In no case is 

the content or intent of any regulation 

to be considered changed by this 

reformatting. Any changes to the 

substantive effect of any rule would be 

preceded by full notice and comment 

rulemaking. 

In revising § 36.6 we discovered 

materials that are no longer referenced 

in the regulations and have removed 

them from that section. Within the text 

of regulations, we have reformatted the 

identified documents, removed two IBR 

references that were incorrect, updated 

Web site references where available and 

corrected other minor formatting errors 

discovered on review. 

Also, as part of this review, the FAA 

discovered that § 36.5 contained an 

outdated reference to statutory 

authority. That section is amended to 

replace the old citation to the authority 

with the current one. 

D. Incorporation by Reference 

This final rule incorporates by 

reference the aircraft noise standards for 

Chapter 14 of the International Civil 

Aviation Organization (ICAO) Annex 

16, Volume 1, Aircraft Noise, Seventh 

Edition, July 2014, Amendment 11–B, 

applicable January 1, 2015. These 

standards are incorporated into § 36.6, 

and are referenced in various sections as 

noted in the amendments. As explained 

in this document, these standards were 

developed by the ICAO with the 

participation of the United States. 

Airplanes that meet Stage 5 noise 

standards in the United States are 

considered equivalent of airplanes that 

meet the Chapter 14 standards. 

The incorporated document is 

available for purchase through the ICAO 

Web site: http://www.icao.int/ 

publications/Pages/default.aspx. 

Contact information for ICAO is also 

available on that Web site. The 

document may be inspected at FAA 

Headquarters, Office of Environment 

and Energy. Please contact the person 

listed in FOR FURTHER INFORMATION

CONTACT in this document. 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) (Trade Act) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, the Trade Act requires 

agencies to consider international 

standards and, where appropriate, that 

they be the basis of U.S. standards. 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation with the 

base year of 1995). 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected impact is so minimal that a 

proposed or final rule does not warrant 

a full evaluation, this order permits that 

a statement to that effect and the basis 

for it being included in the preamble if 

a full regulatory evaluation of the costs 

and benefits is not prepared. Such a 

determination has been made for this 

final rule. The reasoning for that that 

determination follows. 

Based on the requirements in 

Executive Order (EO) 13771, the FAA 

has completed a further analysis of this 

rule and determined that this action is 

expected to be an EO 13771 

deregulatory action as it will result in 

cost-savings. Without this rule, the 

industry will have to show compliance 

with two different noise standards—one 

in the United States and the other in 

EASA. This double noise certification 

standard will require revising type 

certification records, aircraft flight 

manuals, airline operational 

specifications that will generate 

unnecessary costs for both industry and 

the FAA. 

This final rule will establish a new 

Stage 5 noise standard for subsonic jet 

airplanes and subsonic transport 

category large airplanes. The final noise 

standard will apply to new type designs 

for applications made on or after 

December 31, 2017, for airplanes with 

an MTOW of 121,254 pounds (MTOM of 

55,000 kilograms) or more; and after 

December 31, 2020, for airplanes with 

an MTOW of less than 121,254 pounds 

(MTOM 55,000 kilograms). 

The final noise standard will provide 

more stringent noise certification 

standards for Stage 5 airplanes 

certificated in the United States and will 

be consistent with those for airplanes 

certificated under the new ICAO Annex 

16 Chapter 14 noise standards. 

Documents describing the development 

of the new ICAO rule in more detail, 

including cost analyses used by ICAO, 

are available in the docket. These 

documents include: 

1. Cost-benefit Analysis of CAEP9 Noise 

Stringency Options, presented by U.S. 

CAEP Member, COMMITTEE ON 

AVIATION ENVIRONMENTAL 

PROTECTION (CAEP), NINTH 

MEETING, Montreal, 4 to 15 February 

2013. 

2. Report of the Ninth Meeting, COMMITTEE 

ON AVIATION ENVIRONMENTAL 

PROTECTION (CAEP), NINTH 

MEETING, Montreal, 4 to 15 February 

2013. 

Several airplanes currently in 

production that have an MTOW of more 

than 121,254 pounds already meet the 

final Stage 5 noise limits. These 

airplanes include the Airbus models A– 

380 and A–350, and Boeing models 

747–8 and 787. The FAA received a 

comment from Boeing supporting the 

proposed rule. 


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The applicability date of December 

31, 2020, for airplanes with an MTOW 

of less than 121,254 pounds (MTOM 

55,000 kg) was adopted by the ICAO to 

accommodate the requests of the 

manufacturers of lighter jet and 

propeller-driven airplanes for more time 

to meet the new requirements. For many 

of the proposed airplane programs 

announced prior to CAEP9 (2013), 

analysis shows that such airplanes will 

be able to meet the proposed Stage 5 

standard without any additional cost. 

Technological advances that decrease 

noise are already being adopted on 

airplanes in the lower weight class, 

including the geared turbofan engine 

and quieter control surfaces. These 

technological advances support the FAA 

expectation that all manufacturers will 

be able to meet the new standards after 

the December 31, 2020, date. This 

expectation was crucial to the minimal 

cost determination in the proposed rule, 

and the FAA specifically requested 

comments regarding whether existing 

and expected technological 

advancements would be sufficient to 

achieve compliance with the provisions 

after December 31, 2020. The FAA 

received no comments on these 

regulatory estimates for any size 

airplanes. Accordingly, the FAA has 

determined that the final rule will have 

minimal cost and due to the reduced 

requirements from a single accepted 

noise certification standard, rather than 

two standards, this rule will lower 

industry and government costs. As these 

cost savings are clearly evident, the cost 

estimate of these future actions is too 

uncertain to provide quantified 

estimate. 

B. Final Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objective of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration. The RFA 

covers a wide range of small entities, 

including small businesses, not-forprofit organizations and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. However, if an agency determines 

that a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

In either 2017 or 2020, depending on 

the maximum certificated takeoff weight 

of the airplane, when the more stringent 

noise certification requirements in this 

final rule become effective, all new type 

design subsonic transport category jet 

airplanes and transport category large 

airplanes will be required to meet the 

Stage 5 noise limits. In the proposed 

rule, the FAA stated that all 

manufacturers of subsonic transport 

category jet airplanes and transport 

category large airplanes would be able 

to meet the new noise standards at 

minimal cost. The FAA invited industry 

comments on this determination and 

requested that all comments be 

accompanied with clear and detailed 

supporting data. The FAA received no 

responses to this request for comments 

on this determination. Accordingly, the 

FAA has determined that this rule will 

result in minimal cost. 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

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

provided in section 605 (b), the head of 

the FAA certifies that this rulemaking 

will not result in a significant economic 

impact on a substantial number of small 

entities. 

C. International Trade Impact 

Assessment 

The Trade Agreement Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the potential 

effect of this final rule and determined 

that it will reduce impediments to 

international trade by aligning United 

States standards with ICAO standards. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of $155 

million in lieu of $100 million. 

For the reasons stated above regarding 

the expected minimal cost of complying 

with these standards, this final rule does 

not contain such a mandate. Therefore, 

the requirements of Title II of the Act do 

not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

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

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

more stringent noise requirements 

adopted in this final rule will not 

require any new collection of 

information and none is associated with 

this final rule. The FAA has determined 

that there will be no new requirement 

for information collection associated 

with this final rule. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 


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rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6d of the Order and 

involves no extraordinary 

circumstances. 

H. Regulations Affecting Intrastate 

Aviation in Alaska 

The agency did not receive any 

comments, and has determined, based 

on the administrative record of this 

rulemaking, that there is no need to 

make any regulatory distinctions 

applicable to intrastate aviation in 

Alaska. 

V. Executive Order Determinations 

A. Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

Executive Order (EO) 13771 titled 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ directs that, unless 

prohibited by law, whenever an 

executive department or agency 

publicly proposes for notice and 

comment or otherwise promulgates a 

new regulation, it shall identify at least 

two existing regulations to be repealed. 

In addition, any new incremental costs 

associated with new regulations shall, to 

the extent permitted by law, be offset by 

the elimination of existing costs. Only 

those rules deemed significant under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ are 

subject to these requirements. 

This rule is expected to be an EO 

13771 deregulatory action. Details on 

the estimated costs savings of this rule 

can be found in the rule’s economic 

analysis. 

B. 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. 

C. 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. 

VI. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

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

2. Visit the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9677. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s 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.). 

C. 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. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http://

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 36 

Aircraft, Aviation safety, 

Incorporation by reference, Life-limited 

parts, Reporting and recordkeeping 

requirements. 

14 CFR Part 91 

Aircraft, Aviation safety, 

Incorporation by reference, Life-limited 

parts, Reporting and recordkeeping 

requirements. 

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

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

Comp., p. 902. 

■ 2. Amend § 36.1 by adding paragraphs 

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

§ 36.1 Applicability and definitions. 

* * * * * 

(f) * * * 

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

noise level at or below the Stage 5 noise 

limit prescribed in section B36.5(e) of 

appendix B to this part. 

(13) A ‘‘Stage 5 airplane’’ means an 

airplane that has been shown under this 

part not to exceed the Stage 5 noise 

limit prescribed in section B36.5(e) of 

appendix B to this part. 

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

a noise level at or below the Chapter 14 

maximum noise level prescribed in 

Chapter 14 of the ICAO Annex 16, 

Volume 1, Seventh Edition, Amendment 

11–B (Incorporated by reference, see 

§ 36.6). 

* * * * * 

§ 36.5 [Amended] 

■ 3. Amend § 36.5 by removing ‘‘49 

U.S.C. 1431 (b)(4)’’ and adding ‘‘49 

U.S.C. 44715’’ in its place. 

■ 4. Revise § 36.6 to read as follows: 

§ 36.6 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection at the locations 

in this paragraph (a) and may be 

obtained from the sources detailed in 

paragraphs (a)(1) through (12) of this 

section. 

(1) The U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

(2) Federal Aviation Administration 

New England Regional Headquarters, 12 

New England Executive Park, 

Burlington, MA 01801. 

(3) Federal Aviation Administration 

Eastern Region Headquarters, Federal 


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46130 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

Building, John F. Kennedy International 

Airport, Jamaica, NY 11430. 

(4) Federal Aviation Administration 

Southern Region Headquarters, 1701 

Columbia Avenue, College Park, GA 

30337. 

(5) Federal Aviation Administration 

Great Lakes Region Headquarters, 

O’Hare Lake Office Center, 2300 East 

Devon Avenue, Des Plaines, IL 60018. 

(6) Federal Aviation Administration 

Central Region Headquarters, Federal 

Building, 601 East 12th Street, Kansas 

City, MO 64106. 

(7) Federal Aviation Administration 

Southwest Region Headquarters, 2601 

Meacham Boulevard, Fort Worth, TX 

76137. 

(8) Federal Aviation Administration 

Northwest Mountain Region 

Headquarters, 1601 Lind Avenue SW, 

Renton, WA 98055. 

(9) Federal Aviation Administration 

Western Pacific Region Headquarters, 

15000 Aviation Boulevard, Hawthorne, 

CA 92007. 

(10) Federal Aviation Administration 

Alaskan Region Headquarters, 222 West 

7th Avenue, #14, Anchorage, AK 99513. 

(11) Federal Aviation Administration 

European Office Headquarters, 15 Rue 

de la Loi, Third Floor, B–1040, Brussels, 

Belgium. 

(12) The National Archives and 

Records Administration (NARA). For 

information on the availability of this 

information at NARA, call 202–741– 

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

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(b) International Civil Aviation 

Organization (ICAO), Document Sales 

Unit, 999 University Street, Montreal, 

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

www.icao.int/publications/Pages/ 

default.aspx. 

(1) International Standards and 

Recommended Practices, Annex 16 to 

the Convention on International Civil 

Aviation, Environmental Protection, 

Volume I, Aircraft Noise, Third Edition, 

July 1993, Amendment 7 effective 

March 21, 2002, IBR approved for 

§ 36.1(f), and appendices A and B to 

part 36. 

(2) International Standards and 

Recommended Practices, Annex 16 to 

the Convention on International Civil 

Aviation, Environmental Protection, 

Volume I, Aircraft Noise, Seventh 

Edition, July 2014, Amendment 11–B, 

applicable January 1, 2015, IBR 

approved for § 36.1(f) and appendices A 

and B to part 36. 

(c) International Electrotechnical 

Commission (IEC) 3 Rue de Varembe, 

Case Postale 131, 1211 Geneva 20, 

Switzerland, http://www.iec.ch/ 

standardsdev/publications/?ref=menu. 

(1) Publication No. 179, Precision 

Level Sound Meters, (IEC 179) 1973, IBR 

approved for appendix F to part 36. 

(2) Publication No. 561, Electroacoustical Measuring Equipment for 

Aircraft Noise Certification, first edition, 

1976, (IEC 561), IBR approved for 

appendices G and J to part 36. 

(3) Publication No. 651, Sound Level 

Meters, first edition, 1979, (IEC 651), 

IBR approved for appendices G and J to 

part 36. 

(4) Publication No. 804, Integratingaveraging Sound Level Meters, first 

edition, 1985, (IEC 804), IBR approved 

for appendix J to part 36. 

(5) Publication No. 61094–3, 

Measurement Microphones—Part 3: 

Primary Method for Free-Field 

Calibration of Laboratory Standard 

Microphones by the Reciprocity 

Technique, edition 1.0, 1995 (IEC 

61094–3) IBR approved for appendix A 

to part 36. 

(6) Publication No. 61094–4, 

Measurement Microphones—Part 4: 

Specifications for Working Standard 

Microphones, edition 1.0, 1995, (IEC 

61094–4) IBR approved for appendix A 

to part 36. 

(7) Publication No. 61260, 

Electroacoustics-Octave-Band and 

Fractional-Octave-Band Filters, edition 

1.0, 1995, (IEC 61260), IBR approved for 

appendix A to part 36. 

(8) Publication No, 60942, 

Electroacoustics-Sound Calibrators, 

edition 2.0, 1997, (IEC 60942) IBR 

approved for appendix A to part 36. 

(d) Society of Automotive Engineers, 

Inc. (SAE), 400 Commonwealth Drive, 

Warrentown, PA 15096, http://

www.sae.org/pubs/. 

(1) ARP 866A, Standard Values at 

Atmospheric Absorption as a Function 

of Temperature and Humidity for use in 

Evaluating Aircraft Flyover Noise, 

March 15, 1975, IBR approved for 

appendix H to part 36. 

(2) [Reserved] 

■ 5. Amend § 36.7 by adding paragraph 

(e)(5), revising paragraph (f), and adding 

paragraph (g) to read as follows: 

§ 36.7 Acoustical change: Transport 

category large airplanes and jet airplanes. 

* * * * * 

(e) * * * 

(5) If an airplane is a Stage 3 airplane 

prior to a change in type design, and 

becomes a Stage 5 airplane after the 

change in type design, the airplane must 

remain a Stage 5 airplane. 

(f) Stage 4 airplanes. (1) If an airplane 

is a Stage 4 airplane prior to a change 

in type design, the airplane must remain 

a Stage 4 airplane after the change in 

type design. 

(2) If an airplane is a Stage 4 airplane 

prior to a change in type design, and 

becomes a Stage 5 airplane after the 

change in type design, the airplane must 

remain a Stage 5 airplane. 

(g) Stage 5 airplanes. If an airplane is 

a Stage 5 airplane prior to a change in 

type design, the airplane must remain a 

Stage 5 airplane after the change in type 

design. 

■ 6. Amend § 36.103 by revising 

paragraph (c) and adding paragraphs (d) 

and (e) to read as follows: 

§ 36.103 Noise limits. 

* * * * * 

(c) Type certification applications 

between January 1, 2006, and the date 

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

section, as applicable for airplane 

weight. If application is made on or after 

January 1, 2006, and before the date 

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

section (as applicable for airplane 

weight), it must be shown that the noise 

levels of the airplane are no greater than 

the Stage 4 noise limit prescribed in 

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

part. If an applicant chose to voluntarily 

certificate an airplane to Stage 4 prior to 

January 2006, then the requirements of 

§ 36.7(f) apply to that airplane. 

(d) For airplanes with a maximum 

certificated takeoff weight of 121,254 

pounds (55,000 kg) or more, type 

certification applications on or after 

December 31, 2017. If application is 

made on or after December 31, 2017, it 

must be shown that the noise levels of 

the airplane are no greater than the 

Stage 5 noise limit prescribed in section 

B36.5(e) of appendix B of this part. Prior 

to December 31, 2017, an applicant may 

seek voluntary certification to Stage 5. If 

Stage 5 certification is chosen, the 

requirements of § 36.7(g) will apply. 

(e) For airplanes with a maximum 

certificated take-off weight of less than 

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

certification applications on or after 

December 31, 2020. If application is 

made on or after December 31, 2020, it 

must be shown that the noise levels of 

the airplane are no greater than the 

Stage 5 noise limit prescribed in section 

B36.5(e) of appendix B of this part. Prior 

to December 31, 2020, an applicant may 

seek voluntary certification to Stage 5. If 

Stage 5 certification is chosen, the 

requirements of § 36.7(g) will apply. 

§ 36.105 [Amended] 

■ 7. Amend § 36.105 by removing 

‘‘[Incorporated by reference, see 

§ 36.6].’’ from the end of the paragraph. 

■ 8. Add § 36.106 to subpart B to read 

as follows: 


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§ 36.106 Flight Manual statement of 

Chapter 14 noise level equivalency. 

For each airplane that meets the 

requirements for Stage 5 certification, 

the Airplane Flight Manual or 

operations manual must include the 

following statement: ‘‘The following 

noise levels comply with part 36, 

appendix B, Stage 5 maximum noise 

level requirements and were obtained 

by analysis of approved data from noise 

tests conducted under the provisions of 

part 36, Amendment [insert part 36 

amendment number to which the 

airplane was certificated]. The noise 

measurement and evaluation procedures 

used to obtain these noise levels are 

considered by the FAA to be equivalent 

to the Chapter 14 noise levels required 

by the International Civil Aviation 

Organization (ICAO) in Annex 16, 

Volume 1, Aircraft Noise, Seventh 

Edition, July 2014, Amendment 11–B, 

applicable January 1, 2015.’’ 

■ 9. Amend appendix A by revising 

paragraph A36.1.4, adding paragraph 

A36.1.5, and revising paragraphs 

A36.3.1.3. A36.3.7.3, and A36.3.8.1 to 

read as follows: 

Appendix A to Part 36—Aircraft Noise 

Measurement and Evaluation Under 

§ 36.101 

* * * * * 

Section A36.1 Introduction 

* * * * * 

A36.1.4 For Stage 4 airplanes, an 

acceptable alternative for noise measurement 

and evaluation is Appendix 2 to ICAO Annex 

16, Volume I, Amendment 7 (incorporated by 

reference, see § 36.6). 

A36.1.5 For Stage 5 airplanes, an 

acceptable alternative for noise measurement 

and evaluation is Appendix 2 to ICAO Annex 

16, Volume 1, Amendment 11–B 

(incorporated by reference, see § 36.6). 

* * * * * 

Section A36.3 Measurement of Airplane 

Noise Received on the Ground 

* * * * * 

A36.3.1.3 Sound incidence angle means in 

degrees, an angle between the principal axis 

of the microphone, as defined in IEC 61094– 

3 and IEC 61094–4, as amended and a line 

from the sound source to the center of the 

diaphragm of the microphone (incorporated 

by reference, see § 36.6). 

* * * * * 

A36.3.7.3 The minimum standard for the 

one-third octave band analysis system is the 

class 2 electrical performance requirements 

of IEC 61260 as amended, over the range of 

one-third octave nominal midband 

frequencies from 50 Hz through 10 kHz 

inclusive (incorporated by reference, see 

§ 36.6). 

Note: IEC 61260 specifies procedures for 

testing of one-third octave band analysis 

systems for relative attenuation, anti-aliasing 

filters, real time operation, level linearity, 

and filter integrated response (effective 

bandwidth). 

* * * * * 

A36.3.8 Calibration Systems 

A36.3.8.1 The acoustical sensitivity of the 

measurement system must be determined 

using a sound calibrator generating a known 

sound pressure level at a known frequency. 

The minimum standard for the sound 

calibrator is the class 1L requirements of IEC 

60942 as amended (incorporated by 

reference, see § 36.6). 

* * * * * 

■ 10. In appendix B: 

■ a. Amend section B36.1 by revising 

paragraph (b) and adding paragraph (c); 

and 

■ b. Amend section B36.5 by adding 

paragraph (e). 

The revision and additions read as 

follows: 

Appendix B to Part 36—Noise Levels 

for Transport Category and Jet 

Airplanes Under § 36.103 

* * * * * 

Section B36.1 Noise Measurement and 

Evaluation 

* * * * * 

(b) For Stage 4 airplanes, an acceptable 

alternative to paragraph (a) of this section for 

noise measurement and evaluation is 

Appendix 2 to ICAO Annex 16, Volume I, 

Amendment 7 (Incorporated by reference, see 

§ 36.6). 

(c) For Stage 5 airplanes, an acceptable 

alternative to paragraph (a) of this section for 

noise measurement and evaluation is 

Appendix 2 to ICAO Annex 16, Volume 1, 

Amendment 11–B (Incorporated by reference, 

see § 36.6). 

* * * * * 

Section B36.5 Maximum Noise Levels 

* * * * * 

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

lateral, and approach maximum noise levels 

are prescribed in Chapter 14, Paragraph 14.4, 

Maximum Noise Levels of ICAO Annex 16, 

Volume I, Amendment 11–B (Incorporated by 

reference, see § 36.6). 

* * * * * 

■ 11. In appendix F, amend section 

F36.105 by revising paragraph (b) to 

read as follows: 

Appendix F to Part 36—Flyover Noise 

Requirements for Propeller-Driven 

Small Airplane and Propeller-Driven 

Commuter Category Airplane 

Certification Tests Prior to December 

22, 1988 

* * * * * 

Section F36.105 Sensing, Recording and 

Reproducing Equipment 

* * * * * 

(b) The characteristics of the system must 

comply with the recommendations in IEC 

179 (incorporated by reference, see § 36.6). 

* * * * * 

■ 12. In appendix G, amend section 

G36.105 by revising paragraphs (b), (c), 

and (e) to read as follows: 

Appendix G to Part 36—Takeoff Noise 

Requirements for Propeller-Driven 

Small Airplane and Propeller-Driven 

Commuter Category Airplane 

Certification Tests On or After 

December 22, 1988 

* * * * * 

Section G36.105 Sensing, Recording and 

Reproducing Equipment 

* * * * * 

(b) The characteristics of the complete 

system must comply with the requirements 

in IEC 651 and IEC 561 (incorporated by 

reference, see § 36.6). Sound level meters 

must comply with the requirements for Type 

1 sound level meters as specified in IEC 651. 

(c) The response of the complete system to 

a sensibly plane progressive sinusoidal wave 

of constant amplitude must be within the 

tolerance limits specified in IEC 651, over the 

frequency range 45 to 11,200 Hz. 

* * * * * 

(e) The output noise signal must be read 

through an ‘‘A’’ filter with dynamic 

characteristics designated ‘‘slow’’ as defined 

in IEC 651. A graphic recorder, sound level 

meter, or digital equipment may be used. 

* * * * * 

■ 13. In appendix H, amend section 

H36.113 by revising paragraph (b) to 

read as follows: 

Appendix H to Part 36—Noise 

Requirements for Helicopters Under 

Subpart H 

* * * * * 

Section H36.113 Atmospheric Attenuation 

of Sound 

* * * * * 

(b) Attenuation rates. The procedure for 

determining the atmospheric attenuation 

rates of sound with distance for each onethird octave bands must be determined in 

accordance with SAE ARP 866A 

(Incorporated by reference, see § 36.6). The 

atmospheric attenuation equations are 

provided in both the International and 

English systems of units in section A36.7 of 

appendix A to this part. 

* * * * * 

■ 14. In appendix J, amend section 

J36.109 by revising paragraphs (d)(1)(i) 

through (iv) and by adding reserved 

paragraph (d)(2) 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 

* * * * * 


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Section J36.109 Measurement of Helicopter 

Noise Received on the Ground 

* * * * * 

(d) * * * 

(1) * * * 

(i) The SEL values from each flyover test 

may be directly determined from an 

integrating sound level meter complying with 

the standards of IEC 804 (Incorporated by 

reference, see § 36.6) for a Type 1 instrument 

set at ‘‘slow’’ response. 

(ii) The acoustic signal from the helicopter, 

along with the calibration signals specified 

under paragraph (e) of this section and the 

background noise signal required under 

paragraph (f) of this section, may be recorded 

on a magnetic tape recorder for subsequent 

analysis for an integrating sound level meter 

identified in paragraph (d)(1)(i) of this 

section. The record/playback system 

(including the audio tape) of the tape 

recorder must conform to the requirements 

prescribed in section A36.3.6 of appendix A 

to this part. The tape recorder shall comply 

with the specifications of IEC 561 

(Incorporated by reference, see § 36.6). 

(iii) The characteristics of the complete 

system shall comply with the 

recommendations given in IEC 651 

(Incorporated by reference, see § 36.6) with 

regard to the specifications concerning 

microphone, amplifier, and indicating 

instrument characteristics. 

(iv) The response of the complete system 

to a sensibly plane progressive wave of 

constant amplitude shall lie within the 

tolerance limits specified in Table IV and 

Table V for Type 1 instruments in IEC 651 

for weighting curve ‘‘A’’ over the frequency 

range of 45 Hz to 11500 Hz. 

(2) [Reserved] 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 15. The authority citation for part 91 

continues to read as follows: 

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

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

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

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

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

47534, articles 12 and 29 of the Convention 

on International Civil Aviation (61 Stat. 

1180), (126 Stat. 11). 

■ 16. Amend § 91.851 by adding in 

alphabetical order definitions for the 

terms ‘‘Stage 5 airplane’’ and ‘‘Stage 5 

noise level’’ to read as follows: 

§ 91.851 Definitions. 

* * * * * 

Stage 5 airplane means an airplane 

that has been shown not to exceed the 

Stage 5 noise limit prescribed in part 36 

of this chapter. A Stage 5 airplane 

complies with all of the noise operating 

rules of this part. 

Stage 5 noise level means a noise level 

at or below the Stage 5 noise limit 

prescribed in part 36 of this chapter. 

■ 17. Revise § 91.853 to read as follows: 

§ 91.853 Final compliance: Civil subsonic 

airplanes. 

Except as provided in § 91.873, after 

December 31, 1999, no person shall 

operate to or from any airport in the 

contiguous United States any airplane 

subject to § 91.801(c), unless that 

airplane has been shown to comply with 

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

■ 18. Amend § 91.855 by revising 

paragraph (a) to read as follows: 

§ 91.855 Entry and nonaddition rule. 

* * * * * 

(a) The airplane complies with Stage 

3, Stage 4, or Stage 5 noise levels. 

* * * * * 

■ 19. Amend § 91.858 by revising 

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

§ 91.858 Special flight authorizations for 

non-revenue Stage 2 operations. 

(a) * * * 

(2) Obtain modifications to meet Stage 

3, Stage 4, or Stage 5 noise levels. 

* * * * * 

■ 20. Revise § 91.859 to read as follows: 

§ 91.859 Modification to meet Stage 3, 

Stage 4, or Stage 5 noise levels. 

For an airplane subject to § 91.801(c) 

of this subpart and otherwise prohibited 

from operation to or from an airport in 

the contiguous United States by 

§ 91.855, any person may apply for a 

special flight authorization for that 

airplane to operate in the contiguous 

United States for the purpose of 

obtaining modifications to meet Stage 3, 

Stage 4, or Stage 5 noise levels. 

■ 21. Revise § 91.881 to read as follows: 

§ 91.881 Final compliance: Civil subsonic 

jet airplanes weighing 75,000 pounds or 

less. 

Except as provided in § 91.883, after 

December 31, 2015, a person may not 

operate to or from an airport in the 

contiguous United States a civil 

subsonic jet airplane subject to 

§ 91.801(e) of this subpart that weighs 

less than 75,000 pounds unless that 

airplane has been shown to comply with 

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

■ 22. Amend § 91.883 by revising 

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

§ 91.883 Special flight authorizations for 

jet airplanes weighing 75,000 pounds or 

less. 

(a) * * * 

(3) To obtain modifications to the 

airplane to meet Stage 3, Stage 4, or 

Stage 5 noise levels. 

* * * * * 

Issued under authority of 49 U.S.C. 106(f), 

44701(a), and 44715 in Washington, DC, on 

September 11, 2017. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2017–21092 Filed 10–3–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0585] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River, 

Crystal City, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for all 

navigable waters on the Upper 

Mississippi River between mile marker 

(MM) 147.5 and MM 148.5. This action 

is necessary to provide for the safety of 

life, vessels and property on these 

navigable waters near Crystal City, MO 

while construction work is completed 

on new power lines extending across 

the river. Entry of vessels or persons 

into this safety zone is prohibited unless 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective from 7:30 

a.m. on October, 17, 2017 through 6:30 

p.m. on November 1, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0585 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Sean Peterson, Chief of 

Prevention, U.S. Coast Guard; telephone 

314–269–2332, email Sean.M.Peterson@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Upper 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


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