[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55598-55604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26704]
[[Page 55597]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 36
Noise Certification Standards for Propeller-Driven Small Airplanes;
Final Rule
Federal Register / Vol. 64, No. 197 / Wednesday, October 13, 1999 /
Rules and Regulations
[[Page 55598]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 36
[Docket No. FAA-1998-4731; Amendment No. 36-22]
RIN 2120-AG65
Noise Certification Standards for Propeller-Driven Small
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is amending the noise certification standards for
propeller-driven small airplanes. These changes are based on the joint
effort of the Federal Aviation Administration (FAA), the European Joint
Aviation Authorities (JAA), and Aviation Rulemaking Advisory Committee
(ARAC), to harmonize the U.S. noise certification regulations and the
European Joint Aviation Requirements (JAR) for propeller-driven small
airplanes. These changes will provide uniform noise certification
standards for airplanes certificated in the United States and in the
JAA countries. The harmonization of the noise certification standards
will simplify airworthiness approvals for import and export purposes.
EFFECTIVE DATE: December 13, 1999.
FOR FURTHER INFORMATION CONTACT: Mehmet Marsan, Office of Environment
and Energy (AEE), Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-7703.
SUPPLEMENTARY INFORMATION:
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Small Entity Inquiries
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[email protected]
Background
Current Regulations
Under 49 U.S.C. 44715, the Administrator of the Federal Aviation
Administration is directed to prescribe ``standards to measure aircraft
noise and sonic boom; * * * and regulations to control and abate
aircraft noise and sonic boom.'' Part 36 of Title 14 of the Code of
Federal Regulations contains the FAA's noise standards and regulations
that apply to the issuance of type certificates for all types of
aircraft. The standards and requirements that apply to propeller-driven
small airplanes and propeller-driven commuter category airplanes are
found in Sec. 36.501 and Appendix G to Part 36. Appendix G addresses
Takeoff Noise Requirements for Propeller-Driven Small Airplane and
Propeller-Driven Commuter Category Airplane Certification Tests on or
after December 22, 1988. This appendix was added to part 36 in 1988 to
require an actual takeoff noise test instead of the level flyover test
that is required under Appendix F, and applies only to airplanes for
which certification tests were completed before December 22, 1988.
Appendix G specifies the test conditions, procedures, and noise
levels necessary to demonstrate compliance with certification
requirements for propeller driven small airplanes and propeller-driven
commuter category airplanes.
Government and Industry Cooperation
In June 1990 at a meeting of the Joint Aviation Authorities (JAA)
Council, which consists of JAA members from European countries and the
FAA, the FAA Administrator committed the FAA to support the
harmonization of the U.S. regulations with the Joint Aviation
Regulations (JAR). The Joint Aviation Regulations are being developed
for use by the European authorities that are member countries of the
JAA.
In January 1991, the FAA established the Aviation Rulemaking
Advisory Committee to serve as a forum for the FAA to obtain input from
outside the government on major regulatory issues facing the agency.
The FAA has tasked ARAC with noise certification issues. These issues
involve the harmonization of 14 CFR part 36 (part 36) with JAR part 36,
the associated guidance material including equivalent procedures, and
the interpretation of the regulations. On May 3, 1994, the ARAC
established the Harmonization Working Group for Propeller-Driven Small
Airplanes (59 FR 22885). The working group was tasked with reviewing
the applicable provisions of subparts A and F, and appendices F and G
of part 36, and harmonizing them with the corresponding applicable
provisions of JAR 36. The working group was tasked to consider the
current international standards and recommended practices, as issued
under International Civil Aviation Organization (ICAO), Annex 16,
Volume 1, and its associated Technical Manual, as the basis for
development of the harmonization proposals. The working group was also
asked to recommend a process whereby subsequent ICAO Annex 16 changes
could be easily incorporated into JAR 36 and part 36.
The working group reviewed 16 items related to noise limits and
measurement procedures for propeller driven small airplanes in the
regulations. For six of these items, the working group recommended that
Appendix G of part 36 be amended to harmonize the regulations with JAR
36. For four of these items, the working group recommended that Chapter
10 of JAR 36 be amended to harmonize those regulations with part 36.
For the six remaining items, the working group found that no
harmonization is necessary. The working group also recommended changes
to harmonize FAA and JAA interpretive and advisory material relating to
noise limits for propeller-driven small airplanes. The ARAC agreed with
the working group's recommendations and they were forwarded to the FAA
for consideration.
On November 18, 1998, the FAA published Notice No. 98-16 entitled
``Noise Certification Standards for Propeller-Driven Small Airplanes.''
(63
[[Page 55599]]
FR 64146). The notice reflected the six recommendations that address
changes to part 36. The FAA solicited comments on the proposals, which
are discussed in the following section. This final rule is based on
Notice No. 98-16.
Discussion of Comments
The changes to appendix G of part 36 will affect the provisions
that establish noise measurement procedures (Sec. G36.107), corrections
to test results (Sec. G36.201) and specific aircraft noise limits that
are tied to aircraft weight (Sec. G36.301).
There were a total of four comments in response to the proposed
rule. Two commenters were in agreement with the proposed rule--the
General Aviation Manufacturers Association (GAMA) and Transport Canada.
The other two commenters were the French DGAC (Direction Generale de
l'Aviation Civile) and Aeromod Services, Inc. The two latter comments
are discussed below.
Section G36.107 Noise Measurement Procedures
Currently, Sec. G36.107 prescribes specific procedures for the
placement of microphones, system calibration and consideration of
ambient noise. The FAA proposed changes to affect the microphone
requirements of paragraph (a) of that section. Currently, microphones
are required to be oriented in a known direction so that the maximum
sound received arrives as nearly as possible in the direction for which
the microphones are calibrated, and the microphone sensing elements
must be placed four feet (1.2 m) above ground level.
The FAA proposed changing Sec. G36.107(a) to require the microphone
to be a pressure-type microphone with a protective grid that is 12.7 mm
in diameter. The microphone would have to be mounted in an inverted
position so that the diaphragm is 7 mm above and parallel to a white-
painted metal circular plate. The plate would have to be 40 cm in
diameter and at least 2.5 mm thick. The plate would have to be placed
horizontally and flush with the surrounding ground surface with no
cavities below the plate. The microphone would have to be located
three-quarters of the distance from the center to the edge of the plate
along a radius normal to the line of flight of the test airplane. To
maintain the present level of noise stringency, a corresponding change
to Sec. G36.301(b) would also be necessary, as discussed below.
Comments
The French DGAC comments that in paragraph (a), the figure ``0.7
mm'' should be replaced with ``7 mm'' to harmonize with ICAO Annex 16
and JAR 36. The commenter says that ``7 mm'' is the figure used in
Paragraph 4.4 of Appendix 6 of Annex 16, vol. 1, as well as in
Paragraph 4.4 of Appendix B of JAR 36.
Aeromod Services, Inc. has no objection to the proposed change. The
commenter says that using a ground plane microphone provides data that
are applicable to both FAA and ICAO certification activities,
eliminating duplication of equipment or testing. The commenter says
that the additional equipment requirement adds negligible cost to the
test.
FAA Response
The FAA agrees with the DGAC's comment. An error occurred in the
NPRM. The value 0.7 mm should be changed to 7 mm wherever that value
applies.
Section G36.201 Corrections to Test Results
Current Sec. G36.201 prescribes corrections to be made to test
results to account for the effects of differences between the
conditions referenced in the prescribed procedures and existing
conditions during an actual test.
Current Sec. G36.201(b) requires atmospheric absorption correction
for noise data obtained when the test conditions are outside those
specified in appendix G, figure G1. Noise data collected outside the
prescribed range of figure G1 are required to be corrected to 77
degrees Fahrenheit and 70 percent relative humidity by an FAA approved
method. The FAA proposed changing the 77 degrees Fahrenheit reference
temperature to 59 degrees Fahrenheit, to be consistent with the ambient
temperature requirement in current Sec. G36.111(b)(2), that is used for
performance calculations.
Current Sec. G36.201(c) requires that helical tip Mach number and
power corrections must be made if the propeller is a variable pitch
type or if the propeller is a fixed pitch type and the test power is
not within five percent of the reference power. The FAA proposed
changing this paragraph to provide an additional exception to the tip
Mach number correction by stating that a correction is not necessary if
the helical tip Mach number meets one of the following:
1. The number is at or below 0.70 and the test helical tip Mach
number is within 0.014 of the reference helical tip Mach number.
2. The number is above 0.70 and at or below 0.80 and the test
helical tip Mach number is within 0.007 of the reference helical tip
Mach number.
3. The number is above 0.80 and the test helical tip Mach number is
within 0.005 of the reference helical tip Mach number. For mechanical
tachometers, if the helical tip Mach number is above 0.8 and the test
helical tip Mach number is within 0.008 of the reference helical tip
Mach number.
Current Sec. G36.201(d)(1) requires that the measured sound levels
must be corrected from the test day meteorological conditions by adding
an increment equal to the result gained from the following equation:
Delta (M) = (-0.7) HT/1000.
In this equation, HT is the height in feet of the test
aircraft when directly over the noise measurement point, and
is the rate of absorption for the test day conditions at 500 Hertz as
referenced in Society of Automotive Engineers (SAE) Publication
Aerospace Recommended Practice (ARP) 866A, which has been incorporated
by reference in part 36.
The equation in Sec. G36.201(d)(1) is an approximation. The
accuracy of the calculations can be improved by adopting the exact form
of the equation. Therefore, the FAA proposed changing the equation to
the exact form which reads as follows:
Delta (M) = (HT -0.7 HR)/1000.
In this equation, HT is the height in feet under test
conditions, HR is the height in feet under reference
conditions when the aircraft is directly over the noise measurement
point, and is the rate of absorption for the test day
conditions at 500 Hertz as specified in SAE ARP 866A, the same as the
current rule.
The proposed equation would make Appendix G absorption calculations
the same as the rest of part 36 and Annex 16 absorption calculations.
Current Sec. G36.201(d)(4) requires that the measured sound levels
in decibels must be corrected for engine power by algebraically adding
an increment equal to:
Delta (3) = 17 log (PR/PT)
where PT and PR are the test and reference engine
powers respectively.
The FAA proposed that the algebraic correction for engine power be
changed to:
Delta (3) = K3 log (PR/PT)
where PR and PT are the test and reference engine
powers respectively obtained from the manifold pressure/torque gauges
and engine rpm. Under this proposal, the value of K3 would
be
[[Page 55600]]
determined from approved data from the test airplane. In the absence of
flight test data and at the discretion of the Administrator, a value of
K3 = 17 could still be used as under the current rule.
Comments on Section G36.201(b)
Aeromod Services, Inc. objects to changing the 77 degree Fahrenheit
reference temperature to 59 degree Fahrenheit in paragraph (b) because
it ``harmonizes in the wrong direction.'' The commenter says that the
section should be ``placed on the list for JAR 36 harmonization with
FAR 36.'' Aeromod's comment goes on to state:
If we examine the existing FAA and ICAO noise rules, we find
that the only rule which does not have a primary or absolute
acoustical reference day defined by 77 deg.F/70%RH is Annex 16,
Chapter 10. All of the other noise rules, to include FAR 36 Appendix
A, Current Appendix G, Appendix H, ICAO Annex 16 Chapter 3, Chapter
4, and Chapter 8, use 77 deg.F/70%RH as the primary or absolute
acoustical reference day.
Aeromod adds that there appears to be ``no instance of confusion and
delay caused by the difference in performance and acoustic reference
conditions, as is mentioned in the Notice.''
FAA Response
Aeromod comments that the only section of part 36 which does not
have both the performance and acoustic reference day conditions as 77
degree Fahrenheit and 70 percent relative humidity is Appendix G. The
reason for this apparent inconsistency is based on the different noise
characteristics of other airplane classes, namely large transports and
helicopters. Propeller-driven small airplane noise levels are dominated
by the low frequency tone noise under 500 Hz. Other classes of
airplanes have noise characteristics that can be concentrated at higher
frequencies. This difference in noise characteristics is reflected in
the regulations by the different atmospheric absorption correction
requirements for each class of airplanes.
The regulation requires that an atmospheric absorption correction
at 500 Hz \1/3\-octave-band frequency must be applied to the measured
noise levels of propeller-driven small airplanes. For large transports
and helicopters, the measured levels have to be corrected to reference
conditions of 77 degree Fahrenheit by applying atmospheric absorption
correction for each \1/3\-octave-band frequency. The atmospheric
absorption is minimal at 500 Hz and increases with the increase in
frequency. The correction is always small for propeller-driven small
airplanes and can be very large for other classes of airplanes. The
choice of the 77 degree Fahrenheit reference temperature assures that
the measured levels are corrected upwards for most large transport and
helicopter tests since a typical test temperature is lower than 77
degree Fahrenheit. If a low reference temperature was chosen, the
cumulative effect of the corrections could become positive or negative
depending on the frequency content of the noise from the large
transport and helicopters being tested. This effort would benefit some
aircraft and unfairly penalize other aircraft depending on the test day
temperature and frequency content. The high reference temperature of 77
degree Fahrenheit removes this uncertainty for large transport and
helicopter noise certification testing.
However, the small atmospheric absorption correction values at low
frequencies for propeller-driven airplanes do not warrant the use of a
reference atmospheric temperature of 77 degree Fahrenheit which is
different than standard reference conditions used in most aircraft
testing. In the field of aeronautics, the International Standard
Atmosphere (ISA) is usually used as the standard ambient conditions,
and uses a temperature as 59 degrees Fahrenheit. All the performance
information in the flight manuals (carried aboard each airplane) are
given for ISA conditions. The proposed changes to Appendix G simplifies
the data reduction by uniting the performance and acoustic reference
conditions for propeller-driven small airplanes at 59 degrees
Fahrenheit and 70 percent relative humidity. This section was adopted
as proposed.
Comments on Section G36.201(c)
The only comment regarding this section did not object to the
proposed change; the revision to paragraph (c) is adopted as proposed.
Comments on Section G36.201(d)
Aeromod's comment on proposed paragraph (d)(1) is as follows:
The proposed change to the equation for atmospheric absorption
is indeed more accurate. However, if the comments provided for
section 36.201(b) above are adopted, the 0.7 constant in the
equation would need to be changed to 0.9, which is the proper
constant for a 77 deg.F/70%RH reference day. The equation currently
published in FAR 36, Appendix G is incorrect for the current
acoustic reference day, and has been for more than 10 years. The
current published equation, using a 0.7 constant, actually corrects
to a 59 deg.F/70%RH, resulting in a 0.2 dB error which is
detrimental to the applicant.
Aeromod also states that it has no objection to the proposed change
in paragraph (d)(4), but notes that ``the option to determine the value
of K3 experimentally, as is allowed for tip Mach
corrections, is a welcome addition to the rule.''
FAA Response
Aeromod's comment was based on the FAA incorporating Aeromod's
suggested change to Sec. G36.201(b). The FAA is not incorporating
Aeromod's change to G36.201(b); accordingly, the change to paragraph
(d) is not accepted, and the equation in Sec. 36.201(d)(1) is adopted
as proposed.
Comment on Section G36.201(d)
The French DGAC comments that in the equation in paragraph (d)(1),
the figure ``0.7'' should be replaced with ``0.6'' to harmonize with
ICAO Annex 16, Chapter 10 and JAR 36 so that the equation reads ``Delta
(m)=(Ht alpha-0.6 Hr)/1000.
FAA Response
The FAA disagrees with the DGAC. The FAA uses English Units version
of the SAE ARP 866A, which has the absorption value for 59 degrees
Fahrenheit, 77 percent relative humidity as 0.7. The DGAC first derived
the equation for absorption in metric units then converted the results
into English Units. The DGAC derivation and conversion processes
introduce an error of 0.1 in the absorption correction equation. The
equation in paragraph (d) is adopted as proposed.
Section G36.301 Aircraft Noise Limits
Current Sec. G36.301(b) states that for aircraft weights up to
1,320 pounds (600 kg) the noise level must not exceed 73 dB(A); for
weights greater than 1,320 pounds, the noise limit increases at the
rate of 1 dB /165 pounds up to 85 dB(A) at 3,300 pounds, after which
the noise level remains constant at 85 dB(A) up to and including
aircraft weight of 19,000 pounds.
As previously discussed, considerations of microphone location,
configuration, and resulting noise limits are interrelated. Since the
proposed changes to the noise measurement procedures of Sec. G36.107(a)
would result in increases in the measured noise levels of about 3
dB(A), the FAA proposed to increase the limits in Sec. 36.301(b) from
73 dB(A) to 76 dB(A) and from 85 dB(A) to 88 dB(A) to account for these
different measurement procedures, but without changing the stringency
of the current rule.
In addition to the dB(A) increases discussed, the FAA proposed a
change to the interpolation requirement of Sec. G36.301(b). For
airplane weights greater than 1,320 pounds, the allowable
[[Page 55601]]
dB(A) would increase ``with the logarithm of airplane weight at the
rate of 9.83 dB(A) per doubling of weight until the limit of 88 dB(A)
is reached * * *,'' rather than at the rate of 1 dB/165 pounds up to 85
dB(A) at 3,300 pounds, as under the current rule. The new logarithmic
interpolation between the low and high takeoff weights was adopted from
the Annex 16, Volume I Chapter 10. The working group analyzed the
available data obtained by use of a ground microphone, and decided to
adopt the logarithmic interpolation that is between low and high
takeoff weights.
Comments
The only comment regarding this section did not object to the
proposed change; Sec. G36.301(b) is adopted as proposed.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Sec. 3507(d)), the FAA has determined that there are no requirements
for information collection associated with this final rule.
Compatibility with ICAO Standards
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA's policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. For this final
rule, the FAA has reviewed part 36 Appendix G and ICAO Annex 16 Volume
1, Chapter 10. The review showed that the following two items were left
unharmonized: (1) For fixed pitch type propellers, Sec. G36.201
specifies a simplified data correction procedure if the engine test
power is within 5% of the reference power. Annex 16 does not have a
corresponding simplification. (2) The use of maximum continuous
installed power during the second segment of the flight path is allowed
under Sec. G36.111. The power definition in Annex 16 for the second
segment is defined as maximum power in Chapter 10 section 10.5.2 of
Annex 16. The maximum installed power is typically lower than the
maximum power and applicable only to old technology engines. The above
two unharmonized items only affect airplanes with old technology
engines, which are diminishing in number every year. The old airplanes
equipped with old technology engines are not required to undergo noise
certification or already are noise certificated. On very rare
occasions, these airplanes may be required to perform a new noise test,
but are not significant enough to be considered as harmonization
issues.
Regulatory Evaluation Summary
Economic Summary
Four principal requirements pertain to the economic impacts of
changes to the Federal Regulations. First, Executive Order 12866
directs Federal agencies to promulgate new regulations or modify an
existing regulations after consideration of the expected benefits to
society and the expected costs. The order also requires Federal
agencies to assess whether a final rule is considered a ``significant
regulatory action.'' Second, the Regulatory Flexibility Act of 1980
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Office of Management and Budget directs
agencies to assess the effect of regulatory changes on international
trade. Finally, Public Law 104-4, Department of Transportation
Appropriations Act (November 15, 1995), requires Federal agencies to
assess the impact of any Federal mandates on State, Local, Tribal
governments, and the private sector.
Executive Order 12866 and DOT's Policies and Procedures
Under Executive Order 12866, each Federal agency shall assess both
the costs and the benefits of final regulations while recognizing that
some costs and benefits are difficult to quantify. A final rule is
promulgated only upon a reasoned determination that the benefits of the
final rule justify its costs.
The benefit of the final rule is that it will harmonize the U.S.
noise certification regulations with the European Joint Aviation
Requirements for propeller-driven small airplanes. The changes will
provide nearly uniform noise certification standards for airplanes
certificated in the United States and by the European Joint Aviation
Authorities (JAA). This is expected to reduce the number of noise tests
that need to be conducted. The costs to implement this rulemaking are
negligible, if any. There are no additional costs imposed by this final
rule.
The final rule will also not be considered a significant regulatory
action because (1) it does not have an annual effect of $100 million or
more or adversely affect in a material way the economy or a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local or Tribal governments or communities;
(2) it does not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) it does not
materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients; and
(4) it does not raise novel legal or policy issues arising out of legal
mandates, the President's priorities or principles set forth in the
Executive Order. Because the final rule is not considered significant
under these criteria, it was not reviewed by the Office of Management
and Budget (OMB) for consistency with applicable law, the President's
priorities, and the principles set forth in this Executive Order nor
was OMB involved in deconflicting this final rule with ones from other
agencies.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (the Act) establishes ``as
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statues, to
fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that and to explain the rationale for their
actions, the Act 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 final rule
will have a significant economic impact on a substantial number of
small entities. If the determination is that it will, the agency must
prepare a Regulatory Flexibility Analysis (RFA) as described in the
Act.
However, if an agency determines that a final rule is not expected
to have a significant economic impact on a substantial number of small
entities, section 605(b) of the 1980 Act provides that the head of the
agency may so certify and an RFA is not required. The certification
must include a statement providing the factual basis for this
determination, and the reasoning should be clear.
The FAA conducted the required review of this final rule and
determined that the cost imposed by this rule will be negligible and
that it will not have a significant economic impact on a substantial
number of small entities. Accordingly, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605 (b), the FAA certifies that this rule
will not have a significant economic impact on a substantial number of
small entities
[[Page 55602]]
because the costs imposed by this rule will be negligible.
Final International Trade Impact Assessment
The FAA has determined that the final rule will promote the sale of
foreign products and services in the United States and the sale of U.S.
products and services in foreign countries. This determination is based
on the FAA's determination that the rule harmonizes U.S. standards with
the JAR's standards for noise certification for propeller-driven small
airplanes.
Federalism Implications
The regulations herein do not have a substantial direct effect on
the States, on the relationship between national Government and the
States, or on the distribution of power and responsibilities among
various levels of government. Thus, in accordance with Executive Order
12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a federalism
assessment.
Final Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Reform
Act) enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a final agency rule that may
result in the expenditure by State, Local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year.
Section 204(a) of the Reform Act, 2 U.S.C. 1534(a), requires the
Federal agency to develop an effective process to permit timely input
by elected officers (or their designees) of State, Local, and Tribal
governments on a final ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Reform Act is any
provision in a Federal agency regulation that will impose an
enforceable duty upon State, Local, and Tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year.
Section 203 of the Reform Act, 2 U.S.C. 1533, which supplements
section 204(a), provides that before establishing any regulatory
requirements that might significantly or uniquely affect small
governments, the agency shall have developed a plan that, among other
things, provides for notice to potentially affected small governments,
if any, and for a meaningful and timely opportunity to provide input in
the development of regulatory proposals.
This rule does not contain a Federal intergovernmental or private
sector mandate that exceeds $100 million a year, therefore the
requirements of the Reform Act do not apply.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment (EA) or environmental impact statement (EIS).
In accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), this
rulemaking action qualifies for a categorical exclusion.
Energy Impact
The energy impact of the notice has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as
amended (43 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that the final rule is not a major regulatory action under the
provisions of the EPCA.
List of Subjects in 14 CFR Part 36
Agriculture, Aircraft, Noise Control.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends part 36 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. Appendix G of part 36 is amended by revising sections
G36.107(a), G36.201(b), including Figure G1, G36.201(c), G36.201(d)(1),
G36.201(d)(4), and G36.301(b), including Figure G2, 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
* * * * *
Sec. G36.107 Noise Measurement Procedures
(a) The microphone must be a pressure type, 12.7 mm in diameter,
with a protective grid, mounted in an inverted position such that
the microphone diaphragm is 7 mm above and parallel to a white-
painted metal circular plate. This white-painted metal plate shall
be 40 cm in diameter and at least 2.5 mm thick. The plate shall be
placed horizontally and flush with the surrounding ground surface
with no cavities below the plate. The microphone must be located
three-quarters of the distance from the center to the back edge of
the plate along a radius normal to the line of flight of the test
airplane.
* * * * *
Sec. G36.201 Corrections to Test Results
* * * * *
(b) Atmospheric absorption correction is required for noise data
obtained when the test conditions are outside those specified in
Figure G1. Noise data outside the applicable range must be corrected
to 59 F and 70 percent relative humidity by an FAA approved method.
[[Page 55603]]
[GRAPHIC] [TIFF OMITTED] TR13OC99.001
(c) Helical tip Mach number and power corrections must be made
as follows:
(1) Corrections for helical tip Mach number and power
corrections must be made if--
(i) The propeller is a variable pitch type; or
(ii) The propeller is a fixed pitch type and the test power is
not within 5 percent of the reference power.
(2) No corrections for helical tip Mach number variation need to
be made if the propeller helical tip Mach number is:
(i) At or below 0.70 and the test helical tip Mach number is
within 0.014 of the reference helical tip Mach number.
(ii) Above 0.70 and at or below 0.80 and the test helical tip
Mach number is within 0.007 of the reference helical tip Mach
number.
(iii) Above 0.80 and the test helical tip Mach number is within
0.005 of the reference helical tip Mach number. For mechanical
tachometers, if the helical tip Mach number is above 0.8 and the
test helical tip Mach number is within 0.008 of the reference
helical tip Mach number.
(d) * * *
(1) Measured sound levels must be corrected from test day
meteorological conditions to reference conditions by adding an
increment equal to
Delta (M) = (HT --0.7
) /1000
where HT is the height in feet under test conditions,
HR is the height in feet under reference conditions when
the aircraft is directly over the noise measurement point and
is the rate of absorption for the test day conditions at
500 Hz as specified in SAE ARP 866A, entitled ``Standard Values of
Atmospheric Absorption as a function of Temperature and Humidity for
use in Evaluating Aircraft Flyover Noise'' as incorporated by
reference under Sec. 36.6.
* * * * *
(4) Measured sound levels in decibels must be corrected for
engine power by algebraically adding an increment equal to
Delta(3) = K3 log (PR/PT)
where PR and PT are the test and reference
engine powers respectively obtained from the manifold pressure/
torque gauges and engine rpm. The value of K3 shall be
determined from approved data from the test airplane. In the absence
of flight test data and at the discretion of the Administrator, a
value of K3 = 17 may be used.
* * * * *
Sec. G36.301 Aircraft Noise Limits
* * * * *
(b) The noise level must not exceed 76 dB (A) up to and including
aircraft weights of 1,320 pounds (600 kg). For aircraft weights greater
than 1,320 pounds, the limit increases from that point with the
logarithm of airplane weight at the rate of 9.83 dB (A) per doubling of
weight, until the limit of 88 dB (A) is reached, after which the limit
is constant up to and including 19,000 pounds (8,618 kg). Figure G2
shows noise level limits vs airplane weight.
[[Page 55604]]
[GRAPHIC] [TIFF OMITTED] TR13OC99.002
Issued in Washington, DC, on October 7, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-26704 Filed 10-12-99; 8:45 am]
BILLING CODE 4910-13-P
