Aircraft Noise Certification Documents for International Operations, 63098-63105 [E8-25271]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Proposed Rules]
[Pages 63098-63105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25271]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2008-1097; Notice No. 08-12]
RIN 2120-AJ31


Aircraft Noise Certification Documents for International 
Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action would require operators of U.S. registered civil 
aircraft flying outside the United States to carry aircraft noise 
certification information on board the aircraft. This proposed rule is 
needed to ensure that U.S. operators have consistent noise 
certification information on board when they fly outside the United 
States. The intended effect of this proposal is to ensure consistent 
compliance with the International Civil Aviation Organization, Annex 
16, Volume 1, Amendment 8 that requires certain noise information be 
carried on board the aircraft.

DATES: Send your comments on or before January 21, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
1097 using any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West

[[Page 63099]]

Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
https://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket Web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit https://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
https://www.regulations.gov at any time and follow the online 
instructions for accessing the docket. Or, go to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this proposed rule contact Laurette Fisher, Office of Environment and 
Energy (AEE-100), Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3561; facsimile 
(202) 267-5594; e-mail laurette.fisher@faa.gov. For legal questions 
concerning this proposed rule contact Karen Petronis, Office of Chief 
Counsel (AGC-200), Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3073; e-mail 
karen.petronis@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, section 44715, Controlling aircraft 
noise and sonic boom. Under that section, the FAA is charged with 
prescribing regulations to measure and abate aircraft noise. This 
proposed regulation is within the scope of that authority since it 
would require certain operators to carry on board documentation listing 
the noise characteristics of the aircraft. These characteristics are 
already contained in the aircraft flight manual and approved as part of 
the aircraft's airworthiness certification and compliance with 14 CFR 
part 36.

Background

    Current U.S. regulations require that all U.S. aircraft comply with 
the noise certification requirements of 14 CFR part 36. Part of that 
certification includes the noise levels that were obtained during 
certification testing. Section 36.1501 requires that these 
certification noise levels be included in the Airplane Flight Manual 
(AFM) or Rotorcraft Flight Manual (RFM). These manuals must be approved 
by the FAA. Part 36 also contains two sections (36.1581 and 36.1583) 
that describe the specific noise certification data to be included in 
an FAA-approved AFM/RFM. However, there is no specific requirement for 
the entire FAA-approved AFM to be carried on board an aircraft.
    For U.S. air carriers operating under part 121, a carrier is 
allowed to create an Aircraft Operations Manual (AOM) or a Flight Crew 
Operating Manual (FCOM) as an alternative to the AFM to be carried on 
board the aircraft. That manual typically contains only the aircraft 
limitations and performance information from the FAA-approved AFM. The 
air carriers' flight, maintenance, and ground crews would normally use 
these manuals. The AOM or FCOM may or may not contain the noise 
characteristics pages from the FAA-approved AFM, depending on the 
operator's needs and the manual's organization.
    Several years ago, the FAA became aware of instances in which U.S. 
aircraft were detained at foreign airports when the noise status of the 
airplane was questioned. In many cases, the flightcrew had not been 
able to provide relevant information either because the AOM/FCOM did 
not contain such information, or because the information was not 
aggregated in one location in the on-board manual. Some foreign 
authorities have asked U.S. flightcrews to either produce a noise 
certificate or show the noise status of the airplane from on-board 
documents.

ICAO Actions

    The issue of noise documentation has been addressed by the 
Certificate Task Group (CTG) of the ICAO's Committee on Aviation 
Environmental Protection. In 2001, Noise Technical Working Group 1 of 
the CTG was tasked with examining the implementation of Annex 16 noise 
certification documentation requirements, and the possible 
international standardization of those documents. The CTG includes the 
FAA and several representatives of the U.S. aviation industry among its 
members.
    The CTG considered various options for standardization of documents 
to be carried by aircraft operators. The ICAO member States use a 
variety of administrative systems, with differing requirements for 
noise documentation at certification and for designating documents that 
must be carried on board. The CTG proposed three options designed to 
accommodate these different practices. These three proposed options 
were drafted with reference to existing regulatory systems in the 
various States and incorporated into a new Attachment G to Annex 16 
Amendment 8. The ICAO adopted Amendment 8 of Annex 16, Volume 1 on 
February 23, 2005, and it became effective on November 24, 2005. 
Section 1.4 of Annex 16 now requires that ``documents attesting noise 
certification shall be approved by the State of Registry and required 
by that State to be carried on the aircraft.'' Attachment G to 
Amendment 8 provides the following three options for satisfying the 
certification documentation requirements of sections 1.4 and 1.5.
    1. A stand-alone State-issued noise certificate in which the 
mandatory information requirements of Annex 16, Volume 1, are contained 
in a single document.
    2. Two complementary documents, one of which may be the Airplane 
Flight Manual (AFM) or the Airline Operations Manual (AOM).
    3. Three complementary documents.
    Option 2 was designed to accommodate the system in effect in the 
United States. One of the documents contemplated under this option was 
an aircraft's airworthiness certificate, since it is issued only when 
an aircraft has demonstrated compliance with part 36. However, since 
U.S. airworthiness certificates do not contain any noise information, 
the second document would contain the noise certification data that is 
already required to be in the AFM/RFM.

[[Page 63100]]

    Currently, no specific format exists for the noise information 
required to be in the AFM/RFM. In practice, the information may be 
scattered over several pages and not easily located. Further, since 
noise data is not required for inclusion in those parts of the manual 
carried on board, flightcrews may not be familiar with or even have 
access to this information.
    Before Amendment 8 was adopted in 2005, the noise documentation 
section of Annex 16 was contained in a note and considered advisory 
material. To address the difficulties that U.S. carriers had 
experienced, the FAA published a draft notice of availability of 
proposed Advisory Circular, entitled ``Guidance on Aircraft Noise 
Certification Documents for International Flights'' (70 FR 60127, 
October 14, 2005). That AC included an optional form on which operators 
leaving the United States could compile the noise certification data 
envisioned by the working group.
    With the adoption of Amendment 8 and the new paragraph 1.4, noise 
documentation must now be carried on board all U.S. aircraft operating 
outside the United States in order to comply with ICAO, Annex 16, 
Volume I. We have determined that a regulatory change to require the 
carriage of noise certification documents is necessary. We have chosen 
to propose this as an operating requirement rather than a certification 
requirement, because the information already exists in operators' 
manuals and does not affect the certification basis of an airplane. As 
an operating rule, it will not affect operators who do not leave the 
United States.

Overview of the Proposed Rule

    We are proposing to amend part 91 to add a new paragraph in section 
91.703 requiring operators that fly outside the United States using 
aircraft subject to ICAO Annex 16 \1\ to carry aircraft noise 
certification information onboard the aircraft.
---------------------------------------------------------------------------

    \1\ ICAO Annex 16, Volume I, Part II. Chapter 1, Paragraph 1.1 
states that: The provisions of 1.2 to 1.6 shall apply to all 
aircraft included in the classifications defined for noise 
certification purposes in Chapters 2, 3, 4, 5, 6, 8, 10, 11 and 12 
of this part where such aircraft are engaged in international air 
navigation.
---------------------------------------------------------------------------

    While the regulatory amendment is simple, we are seeking comment on 
the proposed format of the documentation and the best place to have it 
located on board the aircraft.
    Air carriers and other affected operators who leave the country are 
encouraged to comment on the proposed regulation, and suggest workable 
alternatives that could be applied to all operators who fly outside the 
United States.
    We are including in this proposal a draft aircraft noise 
documentation form. We anticipate that the information needed to 
complete the form will be transferred by the operator from the approved 
flight manual for each of an operator's aircraft. The form included in 
this proposal is nearly identical to the one we published in the draft 
Advisory Circular, and includes all of the information that was chosen 
by Working Group 1 as necessary to comply with the ICAO requirement. We 
have attempted to maintain the same format in an effort to make the 
form readily recognizable to foreign authorities. Unless there is 
compelling reason to do so, we do not plan on altering the placement of 
information on the form. The FAA will seek approval from the Office of 
Management and Budget to maintain it as an official form that we 
recommend be carried on board.
    We would especially like to hear from those operators that chose to 
complete the form as it was published in the draft AC, including where 
they carry the form, how flightcrews are informed of its location, and 
whether it has been requested in foreign operations.
    Use of this form is optional. An operator may choose to use the 
appropriate flight manual pages that contain the required noise data as 
its means of compliance with the documentation requirements of Annex 
16. Alternatively, a carrier could develop its own documentation that 
contains the required noise data. We caution operators that do not use 
the FAA form to ensure that the materials they carry comply with the 
requirements of Annex 16, Volume I, sections 1.4 and 1.5.
    We seek comment on the best place for the information, if compiled 
into the recommended form or other single document, to be located on 
board the aircraft. If it is to be carried on board as part of the AFM/
RFM/AOM/FCOM, should it have its own tabbed section, be an Appendix, or 
be incorporated into another already familiar section? Is there a 
better place for a document to be located that would be accessible to 
the flightcrew and common to all operators? We will review the comments 
and include our recommendations in the final rule.

Noise Certificates Not an Option

    The Working Group 1 discussions included a suggestion to the FAA 
that we issue noise certificates as our means of compliance. While it 
seems a simpler solution, the FAA does not have the legal authority to 
issue noise certificates as other ICAO countries do.
    In a related issue, the form originally developed by Working Group 
1 includes an approval by a Member State's certificating authority, 
such as the FAA in the United States. The FAA will not be approving the 
recommended form that contains the information. We interpret that 
action to be legally indistinguishable from issuing a noise 
certificate. Instead, as the draft form indicates, the information 
contained on the page comes from an FAA-approved flight manual. The 
FAA-approved noise certification data is part of the procedures for 
operating aircraft and not considered a limitation or restriction. The 
FAA has found that transfer of the FAA-approved noise data satisfies 
the ICAO requirement that the information on board ``be approved by the 
State of Registry.'' Each operator carries the burden of a one-time 
correct transfer of the information for each of its aircraft.

The FAA Form

    Following is a draft of the form that we recommend operators use in 
complying with this regulation. We anticipate that this form will be 
available online from the FAA Web site; its particular location on the 
site has not been decided, but is open for comment on accessibility. 
Following the form is a description of the material that goes in each 
section, adapted from the ICAO instructions.
    Use of this form, when properly completed and carried on board, 
along with an airplane's airworthiness certificate, would demonstrate 
compliance with the proposed regulation and with ICAO Annex 16, Volume 
I, Part II Chapter 1, paragraphs 1.4 and 1.5. The information on this 
form is not new, and is in each operator's FAA-approved flight manual 
for each aircraft.
    The boxes in this form are numbered to maintain similarity with the 
ICAO version. The descriptions of the information to be entered in 
boxes 1-2 and 4-20 are not to be altered. Box 3 is optional for use by 
the operator.
BILLING CODE 4910-13-P

[[Page 63101]]

[GRAPHIC] [TIFF OMITTED] TP23OC08.023

BILLING CODE 4910-13-C
The following describes the data to be entered on the form:
    1. United States of America (ICAO-required name of member State).
    2. Title (Aircraft Noise Certification Information), plus the name 
of the operator and contact information.
    3. Document number (optional for operator's use).
    4. The nationality or common mark and registration marks (in the 
United States, N-number).
    5. The aircraft manufacturer and manufacturer's designation of the 
aircraft (model and series, as appropriate).

[[Page 63102]]

    6. The aircraft serial number.
    7. The type and model of the subject aircraft's engine(s) (for 
identification and verification of the aircraft configuration).
    8. For propeller-driven airplanes, the propeller type and model.
    9. The maximum takeoff mass and unit. The primary U.S. unit differs 
from the international unit: The appropriate conversion factor can be 
found in ICAO Annex 5. To avoid confusion, a U.S. operator may choose 
to record weight/mass in both English and metric units. An example of a 
conversion change from pounds to kilograms is shown below:
---------------------------------------------------------------------------

    \2\ In 1959, the directors of the national standards 
laboratories of the United States, Canada, the United Kingdom, 
Australia, New Zealand, and the Union of South Africa agreed on 
common definitions of the customary length and mass units. They 
define the pound avoirdupois as 0.453592 kg. The engineering 
practice of using lbm for pound mass is obsolete.

Aircraft weight (pounds) conversion to aircraft mass (kilograms) \2\:
 
To convert aircraft weight from        to                                    Multiply by
    pound (lb)                        kilogram (kg)                         4.53592 E-01
 
Example: For a Boeing 747-400F that weighs 875,000 lb, 875,000 (lb) x 4.53592 E-01 (kg/lb) = 396,893 (kg)
 

    10. The maximum landing mass and unit. To avoid confusion, a U.S. 
operator may choose to record weight/mass in both English and metric 
units. See conversion example above.
    11. The Part 36 noise stage of the certificated aircraft. The 
terminology of aircraft certification classification in the United 
States is ``Stage'' rather than ``Chapter'' as used in Annex 16. The 
U.S. term is recognized by ICAO and is not considered a difference from 
Annex 16. Note that the term ``Stage'' is not applicable to airplanes 
certificated under 14 CFR part 36, Subpart F.
    12. Any modifications to the aircraft incorporated for compliance 
with applicable noise certification standards. This item should include 
any modifications to the basic aircraft described in items 7 and 8.
    13. The lateral/full-power noise level, as certificated. Operators 
of U.S.-registered aircraft must use the 14 CFR part 36 certificated 
noise levels, expressed as Effective Perceived Noise Level (EPNdB). 
Note: For 14 CFR part 36, appendix B, certifications that predate 
Amendment 36-24 use the term ``sideline'' instead of ``lateral.''
    14. The approach noise level, as certificated. Operators of U.S.-
registered aircraft must use the 14 CFR part 36, appendices B or H 
certificated noise levels, expressed as EPNdB.
    15. The flyover noise level, as certificated. Operators of U.S.-
registered aircraft must use the 14 CFR part 36 certificated noise 
levels, expressed as EPNdB. For rotorcraft, certificated under 
appendices H or J, noise levels are expressed as either EPNdB or A-
weighted Sound Exposure Level (dBA SEL), respectively. (Note: For 14 
CFR part 36, appendix B certifications that predate Amendment 36-24 use 
the term ``takeoff'' instead of ``flyover.'')
    16. The overflight noise level, as certificated. Operators of U.S.-
registered aircraft must include the 14 CFR part 36 certificated noise 
levels. For small airplanes, certificated under appendix F, noise 
levels are expressed as maximum A-weighted sound level (dBA). For 
rotorcraft, certificated under appendices H or J, noise levels are 
expressed as either EPNdB or A-weighted SEL (dBA SEL), respectively. 
Note: The terminology describing this noise level in 14 CFR part 36 is 
``flyover'' rather than ``overflight'' as used in Annex 16.
    17. The takeoff noise level, as certificated. Operators of U.S.-
registered aircraft must use the 14 CFR part 36, appendices G and H 
certificated noise levels as described in item 16.
    18. A statement that the individual aircraft complies with the 
applicable noise requirements of the U.S. regulations applicable to its 
type and size.
    19. The date on which the noise certification document was created 
by the operator.
    20. The signature of the official of the operator attesting to the 
accuracy of the information in the FAA Form.
    Listing multiple aircraft with similar characteristics on the same 
document will not be allowed. Only the data for the single aircraft 
listed in the serial number and registration sections is to be listed 
on this form. Failure to carry the correct information, regardless of 
form, would be a violation of the regulation.

Paperwork Reduction Act

    This proposal contains the following new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the FAA has submitted the information requirements 
associated with this proposal to the Office of Management and Budget 
for its review.
    Title: Aircraft Noise Certification Documents For International 
Operations.
    Summary: This proposal would add a new paragraph in Sec.  91.703 
requiring operators that fly outside the United States, using aircraft 
subject to International Civil Aviation Organization (ICAO), Annex 16, 
to carry aircraft noise certification information on board the 
aircraft. It would ensure that U.S. operators have the noise 
certification information required to comply with CIAO Annex 16, Volume 
I, Amendment 8 when flying outside the United States.
    Use of: This proposed rule would require operators of U.S.-
registered civil aircraft flying outside the United States to carry 
aircraft noise certification information on board the aircraft. This 
proposed rule is needed to ensure compliance with ICAO, Annex 16, 
Volume 1, Amendment 8 that requires certain noise information be 
carried on board aircraft that fly outside their state of registry. The 
proposed rule would require that this information be easily accessible 
to the flight crew and presentable upon request to the appropriate 
foreign officials.
    Respondents (including number of): The likely respondents to this 
proposed information requirement are operators of U.S.-registered 
airplanes that fly outside the United States.
    Frequency: This form would be completed one time for each aircraft. 
Thus, the annual frequency of information requirement is a one-time 
initial response for each aircraft currently owned by the operator, 
then once per new aircraft acquired or modified by an operator.
    Annual Burden Estimate: This proposal would result in an annual 
recordkeeping and reporting burden as follows:
    The cost of the proposed rule per affected airplane was derived by 
multiplying the technical writer's wage rate of $29.95 per hour by 0.25 
hours required to complete the form, and adding to that the chief 
pilot's wage rate of $79.48 per hour multiplied by 0.17 hours required 
to review and sign the form. Thus, compliance with this

[[Page 63103]]

regulation would result in a per-airplane cost of $21. As a result, the 
initial cost of the proposed rule would be $21 per aircraft times 5,066 
aircraft, for a total of $106,386.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement by December 22, 2008, and should direct them to 
the address listed in the ADDRESSES section at the end of this 
preamble. Comments also should be submitted to the Office of Management 
and Budget, Office of Information and Regulatory Affairs, Attention: 
Desk Officer for FAA, New Executive Building, Room 10202, 725 17th 
Street, NW., Washington, DC 20053.
    According to the 1995 amendments to the Paperwork Reduction Act (5 
CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the 
collection of information, nor may it impose an information collection 
requirement unless it displays a currently valid OMB control number. 
The OMB control number for this information collection will be 
published in the Federal Register, after the Office of Management and 
Budget approves it.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, the FAA policy is 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 
is proposing this regulation as a means of compliance with Annex 16 
regarding noise documentation carried on board aircraft that leave the 
United States.

Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). However, for regulations with an expected minimal impact, the 
above-specified analyses are not required.
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If the expected cost impact is so minimal that the 
proposal or final rule does not warrant a full evaluation, this order 
permits that a statement to that effect and the basis for it to be 
included in the preamble if a full regulatory evaluation of the cost 
and benefits is not prepared. Such a determination has been made for 
this proposed rule. The reasoning for this determination follows:
    This proposed rule would require operators of U.S. registered civil 
aircraft flying outside the United States subject to ICAO Annex 16, 
Volume 1, Amendment 8, to carry aircraft noise certification data on 
board the aircraft. Operators may comply with the proposed rule by 
transferring the data from the Airplane Flight Manual to a suggested 
form included in this rulemaking. Operators may also choose to carry 
the required information in a different format. The proposed rule would 
require that this information be easily accessible to the flight crew 
and presentable upon request to the appropriate officials.
    The FAA was unable to determine the exact number of U.S. registered 
aircraft that would be subject to this proposed rule. Therefore, the 
FAA used (as an overestimate) the total number of passenger jet and 
cargo jet aircraft registered to U.S. mainline carriers in its cost 
computations. Based on the FAA Aerospace Forecast, there are a total of 
5,066 aircraft currently registered to U.S. mainline air carriers 
(1,034 cargo aircraft \3\ and 4,032 passenger jet aircraft \4\).
---------------------------------------------------------------------------

    \3\ Table 21, U.S. Mainline Air Carriers, Cargo Jet Aircraft, 
FAA Aerospace Forecast, FY 2008-2025.
    \4\ Table 20, U.S. Mainline Air Carriers, Cargo Jet Aircraft, 
FAA Aerospace Forecast, FY 2008-2025.
---------------------------------------------------------------------------

    For the purposes of this analysis, we assume that operators would 
choose to comply with the proposed rule by using the provided 
recommended form. This form would be completed one time for each 
aircraft. We estimate that completion of the form would require 15 
minutes of a technical writer's time and 10 minutes of a chief pilot's 
or chief engineer's time. The average wage rate for a technical writer 
is $29.95 per hour \5\ after accounting for fringe benefits. The 
average wage rate for a chief pilot or chief engineer is estimated at 
$79.48 per hour \6\ after accounting for fringe benefits.
---------------------------------------------------------------------------

    \5\ FAA, APO-310, N & O Rule Regulatory Evaluation.
    \6\ Hourly wage derived by taking median salary of $133,916 for 
a chief pilot, dividing by 2080 hours per year, and multiplying by 
the fringe benefit factor of 1.2345. Salary source: https://
swz.salary.com/salarywizard/layouthtmls/swzl_compresult_national_
TR20000019.html, last accessed June 30, 2008.
---------------------------------------------------------------------------

    The cost of the proposed rule per affected airplane was derived by 
multiplying the technical writer's wage rate of $29.95 per hour by 0.25 
hours required to complete the form, and adding to that the chief 
pilot's wage rate of $79.48 per hour multiplied by 0.17 hours required 
to review and sign the form. Thus, compliance with this regulation 
would result in a per-airplane cost of $21. As a result, the initial 
cost of the proposed rule would be $21 per aircraft times 5,066 
aircraft, for a total of $106,386. Operators may subsequently decide to 
purchase or modify aircraft affected by the proposed rule. If they do 
so, operators would incur an extra cost of $21 per additional airplane 
to bring it into compliance with ICAO Annex 16, Volume 1, Amendment 8.
    This proposed rule would ensure that U.S. aircraft that fly abroad 
are in compliance with ICAO Annex 16, Amendment 8. Operators would 
benefit from the proposed rule by having the proper documentation 
readily available for foreign authorities, avoiding delays and 
detainment when noise certification status is questioned. The FAA 
believes that the negligible cost of compliance with this rule is 
outweighed by the benefit of compliance with the international 
standard.

[[Page 63104]]

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 objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, 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-for-profit 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.
    This proposed rule would ensure that U.S. operators have consistent 
noise certification information on board when they fly outside the 
United States. This rule is needed to ensure compliance with the ICAO 
Annex 16 that requires certain noise information be carried on board. 
Under the proposed rule, each small entity would incur a one-time cost 
of $21 per aircraft currently in its fleet. Operators may subsequently 
decide to purchase or modify aircraft affected by the proposed rule; if 
they do so, they would incur an extra cost of $21 per airplane to 
comply. The FAA does not consider this a significant cost. Therefore, 
the FAA certifies that this proposed rule would not have a significant 
impact on a substantial number of small entities. The FAA solicits 
comments regarding this determination.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 proposed rule and has determined that it would 
affect only those U.S. operators that conduct international operations. 
The expected outcome of this proposed rule will be a minimal impact on 
affected operators with the net benefits of ICAO compliance.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(adjusted annually for inflation with the base year 1995) 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 $136.1 million in lieu of $100 million.
    This proposed rule does not contain such a mandate.

Executive Order 13132, Federalism

    The FAA has analyzed this NPRM 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 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.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy, Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM 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 ``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.

Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, please send only one copy of written comments, or 
if you are filing comments electronically, please submit your comments 
only one time.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. You must mark the 
information that you consider proprietary or confidential. If you send 
the information on a disk or CD-ROM, mark the outside of the disk or 
CD-ROM and also identify electronically within the disk or CD-ROM the 
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when we are aware of proprietary information 
filed with a comment, we do not place it in the docket. We hold it in a 
separate file to which the public does not have access, and we place a 
note in the docket that we have received it. If we

[[Page 63105]]

receive a request to examine or copy this information, we treat it as 
any other request under the Freedom of Information Act (5 U.S.C. 552). 
We process such a request under the DOT procedures found in 49 CFR part 
7.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (https://
www.regulations.gov);
    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 docket number, notice number, or amendment number 
of this rulemaking.
    You may access all documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, from 
the internet through the Federal eRulemaking Portal referenced in 
paragraph (1).

List of Subjects in 14 CFR Part 91

    Aircraft, Noise control, Reporting and recordkeeping requirements.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506, 46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat 1180).
    2. Section 91.703 is amended by adding paragraph (a)(5) to read as 
follows:


Sec.  91.703  Operations of civil aircraft of U.S. registry outside of 
the United States.

    (a) * * *
    (5) For aircraft subject to ICAO Annex 16, carry on board the 
aircraft documents that summarize the noise operating characteristics 
and certifications of the aircraft that demonstrate compliance with 
this part and Part 36 of this chapter.
* * * * *

    Issued in Washington, DC on October 17, 2008.
Carl Burleson,
Director, Office of Environment and Energy.
[FR Doc. E8-25271 Filed 10-22-08; 8:45 am]
BILLING CODE 4910-13-P