Noise Stringency Increase for Single-Engine Propeller-Driven Small Airplanes, 528-532 [06-50]

Agencies

• Federal Aviation Administration

[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Rules and Regulations]
[Pages 528-532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-50]



[[Page 527]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 36



Noise Stringency Increase for Single-Engine Propeller-Driven Small 
Airplanes; Final Rule

Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / 
Rules and Regulations

[[Page 528]]


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Federal Aviation Administration

14 CFR Part 36

[Docket No.: FAA-2004-17041; Amendment No. 36-28]
RIN 2120-AH44


Noise Stringency Increase for Single-Engine Propeller-Driven 
Small Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new noise standard for single-engine 
propeller driven small airplanes. This noise standard ensures that the 
latest available noise reduction technology is incorporated into new 
aircraft designs. This noise standard is also intended to harmonize the 
noise certification standard for propeller driven small airplanes newly 
certificated in the United States with those airplanes that meet the 
International Civil Aviation Organization (ICAO) Annex 16 noise 
standard.

DATES: Effective date: This amendment becomes effective February 3, 
2006.
    Compliance date: This noise standard applies to any airplane for 
which an application for a new airplane type design is submitted on and 
after February 3, 2006.

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; facsimile 
(202) 267-5594.

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (https://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policies Web page at https://
www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
https://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

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

Authority for This Rulemaking

    The FAA's authority to issue rules regarding 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 because Title 14 part 
36 of the Code of Federal Regulations (CFR) contains the FAA's noise 
standards and regulations that apply to the issuance of type 
certificates for all types of aircraft.

Background

    On February 11, 2004, the FAA published a Notice of Proposed 
Rulemaking (NPRM) proposing a change to the noise limits for propeller-
driven small airplanes (69 FR 6856). A brief history of the FAA's 
regulation of noise stringency limits for single-engine propeller-
driven small airplanes was presented in the preamble of the NPRM.
    The FAA is adopting the final rule with one significant change from 
that which was proposed. As proposed, this final rule amends Appendix G 
to Part 36 by adding a new paragraph (c) to Sec.  G36.301. New 
paragraph (c) requires a 6 dBA noise limit reduction from the current 
standard for single-engine propeller-driven small airplanes having 
maximum take-off weight less than 1,257 lb. (570 kg) and a 3 dBA noise 
limit reduction for airplanes that weigh more than 3,307 lb. (1,500 
kg). The noise limit increases at a rate of 10.75 dB per doubling of 
weight between 1,257 lb. and 3,307 lb. This change is intended to 
ensure that the latest available noise reduction technology is 
incorporated into new aircraft designs.
    As proposed, the new standard would have applied to all new type 
certifications and to supplemental type certifications in which the 
airplanes underwent an acoustical change. Instead, for the reasons 
discussed below, this final rule will apply only to airplanes for which 
a new original type certification application is submitted on and after 
February 3, 2006. This new standard will not be applied to applications 
for supplemental type certificates (STCs) for airplanes already type 
certificated. This noise standard is intended to ensure lower noise 
levels from future airplanes and to harmonize the noise certification 
standard for propeller driven small airplanes newly certificated in the 
United States with those airplanes that meet the International Civil 
Aviation Organization (ICAO) Annex 16 noise standard.
    Much of the background for the development of noise stringency 
levels has taken place in the international arena and through the work 
of the ICAO. The environmental activities of the ICAO are largely 
undertaken through the Committee on Aviation Environmental Protection 
(CAEP), which was established by the ICAO in 1983, and which superseded 
the Committee on Aircraft Noise and the Committee on Aircraft Engine 
Emissions. The CAEP assists the ICAO in formulating new policies and 
adopting new standards on aircraft noise and aircraft engine emissions. 
The United States is an active member in the CAEP activities. There is 
at least one U.S. representative participating on each of the CAEP 
working groups.

Discussion of Comments

    The FAA received 34 comments in response to the NPRM. Nine 
commenters supported this rulemaking. One commenter who did not support 
the rule submitted the same comment three times. The remaining 
commenters either opposed the rule, or raised issues that are beyond 
the scope of this rulemaking. Many comments suggest that the commenters 
are unfamiliar with the issues of aircraft noise certification and 
regulations that apply to the

[[Page 529]]

issuance of type certificates for aircraft. These comments will all be 
discussed briefly as part of this disposition of the comments.

Description of Noise Limits

    One commenter recommended that the FAA change Appendix G to match 
the weight unit and description in ICAO Annex 16 exactly. The commenter 
pointed out that the description of the current noise limits in 
Appendix G does not exactly match the corresponding description in the 
ICAO Annex 16, and that the weight unit used in Appendix G (pounds) is 
different from the weight unit used in ICAO Annex 16 (kilograms).
    FAA Response: We are not changing either the description or the 
weight unit used in Appendix G. The FAA believes it would be more 
confusing to change the description to match the exact language in ICAO 
Annex 16. It would also be more confusing to use a weight unit not 
consistent with the current weight units used in the rest of Part 36. 
The weight difference is negligible, and results from using pounds 
instead of kilograms when calculating noise limits at takeoff weight. 
Since the calculated difference is negligible and the metric system 
unit is not consistent with the weight system used in Part 36, no 
change is being made as a result of this comment.

International Compatibility

    Nine commenters questioned why the FAA needed to make the 
regulations for single-engine propeller-driven small airplanes more 
consistent with international standards. They asked why the aircraft 
owners in the U.S. ``have to conform to the regulation of international 
authorities.'' Two commenters opposed the new stringency limits because 
they believed the creation of new limits is being driven by a European 
desire to have excessive environmental restrictions. Another commenter 
did not see any need to have harmonized international noise standards 
since only a few single-engine propeller driven airplanes fly 
internationally. One commenter proposed adoption of a more stringent 
standard than ICAO. Another commenter thinks ``the restrictions in 
Europe are excessive'' and that ``the U.S. should pressure Europe to 
adopt our standards.''
    FAA response: As explained in the NPRM, the new noise stringency 
limits were developed by a task group of the ICAO Committee on Aviation 
and Environmental Protection (CAEP). The task group included 
representatives from the Joint Aviation Authorities (JAA) Council, 
which consists of JAA members from European countries, representatives 
of the U.S. and European aviation industries, and the FAA.
    As explained in the NPRM, the task group compiled a database of 
noise certification level and performance data for each model of 
single-engine propeller-driven small airplanes in production. The 
purpose of the database was to identify the effectiveness of available 
noise abatement technologies applicable to single-engine propeller-
driven airplanes that would not affect airworthiness of the airplanes. 
The task group studied several stringency options for the airplanes in 
the database, and decided to propose new noise stringency levels that 
are the same as the noise levels of current production airplanes. The 
proposed noise stringency level reflects the current noise abatement 
technology that is applied to single-engine propeller-driven small 
airplanes in production. Raising the stringency to the level of current 
production guarantees that future new type designs will not produce 
noise levels greater than current production airplanes.
    The United States was not pressured to ``conform to European 
standards.'' In fact, the development of the proposed standard by ICAO 
includes significant participation by the United States, and included 
input from the U.S. general aviation industry. The United States helped 
develop and agreed to adopt the ICAO standard because it recognizes 
that aircraft noise is a concern of every ICAO member state. The U.S. 
general aviation manufacturers who export their products to European 
countries also recognize the importance of having harmonized standards. 
Last, the FAA also believes it is not the role of the United States to 
propose an arbitrarily more stringent or less stringent standard 
outside of the international process.

Applicability of the New Noise Stringency Limits to STCs

    A number of commenters stated that the new noise stringency limits 
should not apply to supplemental type certificates (STCs).
    For example, Hartzell Propeller, Inc., expressed support for the 
rule but asked for clarification on the impact this rule has on STCs. 
Specifically, they asked if the FAA would continue to allow STCs that 
are obtained using a no-acoustical-change finding.
    Similarly, the Cessna Pilots Association (CPA) felt the new 
standard should not be applied to any STCs developed for aircraft that 
were certificated under the old noise level standards. The CPA 
supported making any new production aircraft meet the new noise 
standards.
    The Aircraft Owners and Pilots Association (AOPA) recommended that 
the FAA limit its proposed noise stringency increase for single-engine 
propeller-driven airplanes to newly type certificated airplanes only, 
and exclude STCs from the new standard. The AOPA was concerned with the 
effect of this proposal on the development of STCs for general aviation 
aircraft.
    FAA response: The FAA agrees with AOPA that the new standard should 
not apply to supplemental type certificates. Following consideration of 
all the comments, the FAA has determined that the impact of a new noise 
standard on already certificated aircraft could be significant. We also 
realized that given the number of STCs, the impact is almost impossible 
to estimate for the fleet of single engine airplanes. Accordingly, we 
have changed the applicability of this final rule as described below.
    This final rule applies to any airplane for which a new original 
type certification application is submitted on and after February 3, 
2006. The new standard will also apply to any future STCs related to 
type certificates issued under the new standard.
    The new standard will not apply to airplanes manufactured under an 
existing type certificate undergoing modification through a STC, even 
if it results in an acoustical change. Those airplanes must continue to 
comply with the standard under which it was certificated. Section 
21.93(b) of the regulations defines acoustical change as any voluntary 
change in the type design of an aircraft that may increase the noise 
level of an aircraft. The applicable noise stringency limits for an 
acoustical change approval are described in Sec.  36.9. According to 
Sec. Sec.  21.93(b) and 36.9 any airplane that has a higher noise level 
after a modification must comply with the applicable noise stringency 
limits.
    The FAA intends to maintain its current policy of honoring STCs 
obtained under a no-acoustical-change approval. This policy allows the 
approval of modifications to the TC as long as there is no increase in 
the certificated noise level of the aircraft. Existing STCs granted 
under a no-acoustical-change approval remain valid under this final 
rule.
    The final rule has been written to reflect these changes.

Impact on Airplanes in Production

    Two manufacturers did not support the new noise stringency 
increase. They

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had concerns regarding airplanes they currently have in production.
    In its comments, Cessna Aircraft Company expressed concern that the 
rule change would place the Cessna Model 206H above the new noise 
stringency limit proposed for Appendix G. It stated that certification 
of an acoustic change to this aircraft would require considerable 
effort and high cost to meet the new stringency level proposed.
    Maule Air, Inc., expressed similar concern that several of the 
existing FAA-approved Maule engine-propeller combinations would have 
noise levels that exceed the new more stringent limit proposed.
    FAA Response: This new noise stringency limit applies to any person 
submitting an application for a new airplane type design on and after 
February 3, 2006. The rule does not affect existing TCs or application 
for new STCs. This final rule only applies to applications for new 
original type certificates, and related STCs, application for which is 
received on or after February 3, 2006.

Unfamiliarity With Aircraft Noise Certification Issues

    A number of commenters made statements that suggest they are 
unfamiliar with the issues of aircraft noise certification and 
regulations that apply to issuing type certificates for aircraft. For 
example, one commenter asked that experimental and sport aircraft be 
exempted from the rule. Another commenter wanted to expand the 
applicability of this rule to experimental and older aircraft. Several 
commenters expressed concerns that there would be excessive costs to 
small airplane owners, as well as enforcement issues, when trying to 
meet the new standards.
    FAA response: Aircraft noise certification testing is conducted 
when a new aircraft is introduced (type certification), or an existing 
model aircraft is modified (supplemental type certification) in a 
manner that would produce an acoustical change, such as changes in 
size, configuration, or engines. Each aircraft model is noise 
certificated to operate up to its maximum weight. An aircraft is tested 
at this maximum weight and must meet the noise standards for an 
aircraft of that weight according to the formulas adopted in part 36.
    When the FAA seeks to decrease noise levels produced by future 
aircraft, we amend the certification rules to introduce the quieter 
standard. The initial establishment of a new noise standard allows time 
for manufacturers to adjust engine and airframe designs to meet it. 
This rule amends only a certification rule, and does not affect 
previously certificated airplanes currently in operation, nor the 
operation of aircraft in general.
    Currently, the FAA does not require a type certification for 
experimental or sport aircraft; there are no noise standards applicable 
to those aircraft. Since there is no change to currently operating 
aircraft, there are no cost issues for small airplane owners.
    Similarly, several commenters did not agree with FAA's assertion 
that the new stringency limits would impose minimal, if any, costs on 
STC applicants and would impose no cost on TC applicants, because 
airplanes in current production already meet the proposed noise 
standards. There was no documentation to support this claim; however, 
the FAA believes this comment is partially related to the commenters' 
unfamiliarity with aircraft noise certification issues and partially 
related to confusion about how the new noise stringency limits were 
proposed to apply to STCs.

Outside the Scope of the NPRM

    One commenter did not address the proposed rule, but discussed 
aircraft noise in its neighborhood. Another commenter proposed that a 
new category of aircraft be created to address noise concerns.
    FAA response: All comments concerning local airport operating noise 
issues and new aircraft classifications are considered beyond the scope 
of this rulemaking.

Paperwork Reduction Act

    There are no current or new requirements for information collection 
associated with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
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 
this rule will further harmonize U.S. regulations with ICAO.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and the benefits of a regulatory change. 
We are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. The FAA has determined that this rule will make the 
FAA's single-engine propeller-driven small airplanes noise regulation 
more consistent with international standards. Our assessment of this 
rulemaking indicates that its economic impact is minimal. The FAA 
believes that this rule will impose only minimal cost on type 
certificate applicants because most airplanes in current production 
already meet these new noise stringency standards. Because the costs 
and benefits of this action do not make it a ``significant regulatory 
action'' as defined in the Order, we have not prepared a ``regulatory 
impact analysis.'' Similarly, we have not prepared a full ``regulatory 
evaluation,'' which is the written cost/benefit analysis ordinarily 
required for all rulemaking under the DOT Regulatory and Policies and 
Procedures. We do not need to do a full evaluation where the economic 
impact of a rule is minimal.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to 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 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act also requires agencies to consider 
international standards and, where appropriate, use them as 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.)
    In conducting these analyses, FAA has determined this rule (1) Will 
generate benefits that justify its costs and is not a ``significant 
regulatory action'' as defined in the Executive Order; (2) is not 
significant as defined in the Department of Transportation's

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Regulatory Policies and Procedures; (3) will not have a significant 
impact on a substantial number of small entities; (4) will not 
constitute a barrier to international trade; and (5) does not contain 
any Federal intergovernmental or private sector mandate.
    This rule is intended to ensure that future single-engine airplanes 
are as quiet as those being manufactured today, and to make the FAA's 
single-engine propeller-driven small airplanes noise standard 
regulation more consistent with the international standard in ICAO 
Annex 16.
    The FAA had proposed that the new standard be applicable to new 
type certifications and to new applications for STCs for previously 
type certificated airplanes. While reviewing the comments, however, we 
became aware of an unforeseen impact of the proposed rule. We had 
presumed that few if any older single-engine airplanes were candidates 
for new STCs that involved an acoustical change. It appears, however, 
that applying the new standard to new STC applications could have a 
much greater impact than we anticipated. More recent analysis led us to 
conclude that it is almost impossible to estimate how many STCs might 
be applied for older airplanes, and that STCs for these airplanes are 
often developed out of necessity when replacement equipment becomes 
unavailable. We found that potentially thousands of airplanes could be 
affected, and that the cost of having to apply a new noise standard 
might well keep operators from making safety-related modifications. 
Since we are unable to confidently estimate the number of airplanes 
that might be affected or the cost on an individual owner, we have 
determined that the application of the new noise standard to previously 
certificated airplanes is probably not cost beneficial. That part of 
the proposed rule has been removed.
    The FAA has determined that this final rule will help to ensure 
lower noise levels from new type designs and harmonize the noise 
certification standards for airplanes certificated in the United States 
with those airplanes that meet the new ICAO Annex 16 noise standards. 
The FAA believes that this final rule will impose minimal, if any, cost 
on applicants for new type certificates, since airplanes in current 
production already meet the new noise standard and the technology will 
be incorporated into any new designs.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statues, to 
fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to the 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small business, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    This final rule will help to ensure lower noise levels from new 
type designs and harmonize the noise certification standards for 
airplanes certificated in the United States with those airplanes that 
meet the new ICAO Annex 16 noise standards. The FAA finds that no new 
type certificate applicant would fail the more stringent noise standard 
required by this final rule because most airplanes in current 
production already meet the proposed standards. Consequently, I certify 
that the rulemaking action will not have a significant economic impact 
on a substantial number of small aircraft manufacturers.

Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. 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 rulemaking and has determined that it will 
impose the same costs on domestic and international entities and thus 
have a neutral trade impact.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II of the Act, therefore, do not apply.

Executive Order 13132, Federalism

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

Environmental Analysis

    In accordance with FAA Order 1050.1E, the FAA has determined that 
this action is categorically excluded from environmental review under 
section 102(2)(c) of the National Environmental Policy Act (NEPA). This 
action is categorically excluded under FAA Order 1050.1E, Chapter 3, 
Paragraph 312(f), which covers regulations ``excluding those which if 
implemented may cause a significant impact on the human environment.'' 
It qualifies for a categorical exclusion because no significant impacts 
to the environment are expected to result from its finalization or 
implementation and no extraordinary circumstances exist as prescribed 
under Chapter 3, paragraph 304 of Order 1050.1E.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a

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``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 36

    Aircraft, Noise control.

The Amendment

0
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 AIRWORTHENSS 
CERTIFICATION

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 49 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.

0
2. Section G36.301 of Appendix G is amended by revising the first 
sentence in paragraph (b); adding new paragraph (c); and revising 
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.  G36.301  Aircraft Noise Limits.

* * * * *
    (b) For single-engine airplanes for which the original type 
certification application is received before February 3, 2006 and 
multi-engine airplanes, the noise level must not exceed 76 dB(A) up to 
and including aircraft weights of 1,320 pounds (600 kg).
* * * * *
    (c) For single-engine airplanes for which the original type 
certification application is received on or after February 3, 2006, the 
noise level must not exceed 70dB(A) for aircraft having a maximum 
certificated takeoff weight of 1,257 pounds (570 kg) or less. For 
aircraft weights greater than 1,257 pounds, the noise limit increases 
from that point with the logarithm of airplane weight at the rate of 
10.75dB(A) per doubling of weight, until the limit of 85dB(A) is 
reached, after which the limit is constant up to and including 19,000 
pounds (8,618 kg). Figure G2 depicts noise level limits for airplane 
weights for single-engine airplanes.
[GRAPHIC] [TIFF OMITTED] TR04JA06.033


    Issued in Washington, DC, on December 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 06-50 Filed 1-3-06; 8:45 am]
BILLING CODE 4910-13-P