[Federal Register: December 1, 2003 (Volume 68, Number 230)]
[Proposed Rules]               
[Page 67329-67336]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de03-31]                         


[[Page 67329]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 36 and 91



Stage 4 Aircraft Noise Standards; Proposed Rule


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 36 and 91

[Docket No. FAA-2003-16526; Notice No. 03-12]
RIN 2120-AH99

 
Stage 4 Aircraft Noise Standards

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: The FAA is proposing a new noise standard for subsonic jet 
airplanes and subsonic transport category large airplanes. This noise 
standard would ensure that the latest available noise reduction 
technology is incorporated into new aircraft designs. This noise 
standard, Stage 4, would apply to any person submitting an application 
for a new airplane type design on and after January 1, 2006. The 
standard could be chosen voluntarily prior to that date. This noise 
standard is intended to provide uniform noise certification standards 
for Stage 4 airplanes certificated in the United States and those 
airplanes that meet the new International Civil Aviation Organization 
Annex 16 Chapter 4 noise standard.

DATE: Send your comments on or before March 1, 2004.

ADDRESSES: You may send comments [identified by Docket Number FAA-2003-
16526] using any of the following methods:
    [sbull] DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    [sbull] Government-wide rulemaking web site: Go to http://www.regulations.gov
 and follow the instructions for sending your 
comments electronically.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    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 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION 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.

SUPPLEMENTARY 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. We ask that you send us two copies of written 
comments.
    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. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment 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 (65 FR 19477-78) or you may visit 
http://dms.dot.gov.
    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 late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

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 (http://dms.dot.gov/search);    (2) Visiting the Office of Rulemaking's web page at http://

http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
    You can also get a copy by submitting 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.

Background

Brief History of U.S. Noise Regulations

    In 1969, the FAA promulgated the first aircraft noise regulations 
in Title 14, Code of Federal Regulations (14 CFR) part 36, ``Noise 
Standards: Aircraft Type Certification.'' The new part 36 became 
effective on December 1, 1969, and set a limit on noise emissions of 
large aircraft of new design by establishing Stage 2 certification 
standards. In 1972, the Congress passed the Noise Control Act, which 
amended the Federal Aviation Act of 1958, giving the FAA authority to 
set limits for aircraft noise emissions. This authority was implemented 
by a 1973 amendment to part 36 that gave a noise stage designation to 
all newly produced airplanes.
    In 1977, the FAA amended part 36 to provide for three stages of 
aircraft noise levels, each with specified limits. This regulation 
required applicants for new type certificates applied for on or after 
November 5, 1975, to comply with ``Stage 3'' noise limits, which were 
stricter than the noise limits then being applied. Airplanes in 
operation at the time that did not meet the Stage 3 noise limits were 
designated ``Stage 2'' airplanes.
    In 1976, the FAA amended the aircraft operating rules of 14 CFR 
part 91 by

[[Page 67331]]

adding a new Subpart E entitled ``Operating Noise Limits.'' The 
regulation established a phased compliance program for U.S. domestic 
operators that required them to achieve compliance with Stage 2 or 
Stage 3 certification standards for all four-engine jet airplanes by 
January 1, 1985.
    In 1980, Congress enacted the Aviation Safety and Noise Abatement 
Act of 1979 (ASNA). The ASNA required the FAA to promulgate regulations 
that extended the application of the January 1, 1985, cut-off date for 
four-engine jet Stage 1 airplanes to apply to both the U.S. and foreign 
operators. The FAA amended part 91 in 1980 to apply the 1985 operation 
deadline to all operators. Subpart E was recodified as Subpart I of 
part 91 in August 1989.
    Recognizing the need to both expand airport capacity and provide 
relief from aviation noise, Congress passed the Airport Noise and 
Capacity Act of 1990 (ANCA) on November 5, 1990 (now codified at 49 
U.S.C. 47521-47533). The regulations implementing the part of ANCA 
known as the Stage 3 transition rule were effective on September 25, 
1991, and are codified at part 91, Subpart I, Operating Noise Limits. 
The regulations provided two options to meet the schedule for the 
transition to 100 percent Stage 3 operations in the contiguous United 
States by December 31, 1999. One option allowed an operator to meet the 
compliance schedule by phasing out Stage 2 airplanes. Under this 
option, an operator could operate no more than 75 percent of its Stage 
2 base level after December 31, 1994, 50 percent after December 31, 
1996, and 25 percent after December 31, 1998. The second option allowed 
an operator to meet the compliance schedule by attaining a fleet 
composition of not less than 55 percent Stage 3 airplanes after 
December 31, 1994, 65 percent after December 31, 1996, and 75 percent 
after December 31, 1998. New entrant operators (those that did not 
conduct operations on or before November 5, 1990) had to operate a 
fleet composed of at least 25 percent Stage 3 airplanes after December 
31, 1994, 50 percent after December 31, 1996, and 75 percent after 
December 31, 1998. All operators were required to operate 100 percent 
Stage 3 fleets after December 31, 1999. In October 1991, Public Law 
102-143 added a separate Stage 2 restriction for operations in Hawaii.
    The FAA is now proposing to establish a new quieter noise standard 
to be known as Stage 4. This new noise standard would apply to any 
person filing an application for a new airplane type design on and 
after January 1, 2006. However, the adoption of a new noise standard 
for new aircraft designs is not intended to signal the start of any 
rulemaking or other proceeding aimed at phasing out the production or 
operation of current aircraft models. Currently, the FAA has no 
operational restrictions on Stage 3 airplanes, and the FAA has no plan 
to impose such restrictions.
    Moreover, in the event that there is a decision at some future date 
to begin a transition from one noise standard to another, history has 
shown that phasing out the production of noisier airplanes, and 
eventually phasing out their operation, is a long process. As an 
example, the FAA established the Stage 3 noise standard in 1975, but it 
was not until the end of 1999 that the contiguous United States had an 
all Stage 3 fleet in operation. Stage 2 airplanes were last produced in 
1988, but their operation was permitted for another 12 years. From the 
time the Stage 3 noise standard was adopted in 1975 until the 
contiguous United States had an all Stage 3 operational fleet, 
approximately 25 years had elapsed. As noted above, however, the FAA 
has no current plan to begin a phaseout of Stage 3 airplanes.

Development of ICAO Chapter 4 Noise Standard

    Much of the background for the development of a Stage 4 noise 
standard has taken place in the international arena and the work of 
International Civil Aviation Organization (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 five 
working groups under CAEP.
    In 1998, the CAEP Working Group for Noise (WG1) was tasked to 
develop options to further reduce airplane noise levels. The Working 
Group met several times over the two years to accomplish the task. 
Representatives of Working Group 2 for Airports and Operations, and the 
Forecast Economic Analysis Support Group, participated in the WG1 
meetings to acquaint themselves with noise stringency options and to 
help WG1 define noise data requirements.
    The working group considered several new, more stringent noise 
certification options for analysis. They include a ``traditional'' 
option with specified reductions at each noise certification 
measurement point (flyover, lateral, and approach), and three 
``cumulative'' options that combine the three traditional measurement 
points allowing a total cumulative reduction without specifying 
reductions at any one measurement point. The three cumulative options 
were 8, 11, and 14 decibel reductions from Chapter 3/Stage 3 levels 
respectively.
    In reaching a recommendation for a new ICAO noise standard for 
subsonic jet and large transport airplanes, the CAEP considered 
estimates of comprehensive costs and benefits associated with the 
various noise stringency and phaseout options. The technical working 
group charged by the CAEP to conduct the costs and benefits analysis 
made several key assumptions. These assumptions together with the 
issues arising from some of these are set out below:
    New Production Assumption. It was assumed that airlines would 
require all new production aircraft to meet the new standard once it 
has been announced regardless of the application date. Within the ICAO 
working group, they used the term Non-Production for this assumption. 
The CAEP deliberations identified such possible commercial reasons as 
more stringent local noise restrictions, especially at some European 
airports, and the potential for future regional phaseout of 
noncompliant airplanes.
    Recertification. The technical working group defines 
recertification as the certification of an in-service aircraft to 
comply with a more stringent noise certification standard. 
Recertification potentially includes options such as re-analysis of 
existing noise certification and performance databases, weight and/or 
flap limitations, and engine or airframe modifications. The cost or 
penalty incurred to recertify aircraft to the proposed new stringency 
levels is based on the relationships between noise reduction, the 
capital investment required, and operating costs. Under the 
recertification case analyzed by CAEP, noncompliant aircraft are either 
replaced or modified to comply with the new noise standard. An estimate 
was made of the cost to modify the airframe and/or engine to comply 
with the new noise standard. Aircraft affected by a phaseout scheme 
were screened to identify candidates eligible for recertification. 
These aircraft were assumed to be recertified (modified) to

[[Page 67332]]

remain in service until they reach their presumed retirement age.
    Price of Improved Technology. Building upon the new-production 
assumption described above, increasing levels of noise certification 
stringency impose increasing development costs on manufacturers of 
airplanes and engines. As the level of stringency increases, more 
design compromises may be necessary to reduce certification noise 
levels at the expense of airplane weight, engine size and operating 
costs. New airplane types entering the fleet would be burdened by this 
cost in their development.
    Impact on Asset Values. For the phaseout scenarios, the CAEP 
analysis assumed that the airlines operating in areas without phaseout 
requirements would benefit from availability of relatively lower-priced 
aircraft removed from the fleets of airlines operating in noise-
restricted areas.
    A CAEP Steering Group met in September 2000 to review the results 
of the analysis prepared by WG1 to further reduce airplane noise levels 
and to formulate specific recommendations on the new standard and on 
transition options that were to be forwarded to the full CAEP.
    The FAA stresses that this economic information is presented as 
background material for how ICAO made its decision on the Chapter 4 
standard. It does not affect the domestic regulatory impact of this 
proposed rule. That impact is analyzed later in this document.
    In January 2001, the CAEP approved an approach to noise mitigation 
that includes the reduction of noise at its source (the aircraft), 
improved land use planning around airports, and a wider use of aircraft 
operating procedures and restrictions that abate noise. To reduce noise 
at its source, the CAEP adopted a standard that is ten decibels lower, 
on a cumulative margin basis, than the current standard of Chapter 3 in 
ICAO Annex 16. This adopted standard was derived from one of the WG1's 
recommendations. The United States participated with other countries in 
the CAEP effort to develop this quieter, more stringent aircraft noise 
standard.
    On June 27, 2001, at its 163rd session, the ICAO unanimously 
approved the adoption of the new Chapter 4 noise standard in Annex 16. 
The new noise standard will apply to any application for new type 
designs submitted on or after January 1, 2006, for countries that use 
Annex 16 as its noise certification basis.
    The text of Annex 16 describing the maximum noise levels for the 
new Chapter 4 noise limit is as follows:
    [sbull] The maximum permitted noise levels are defined in Chapter 3 
of Annex 16; and may not be exceeded at any of the measurement points; 
and
    [sbull] The sum of the differences at all three measurement points 
between the maximum noise levels and the maximum permitted noise levels 
(the Stage 4 limit) specified in Chapter 3 of Annex 16 may not be less 
than 10 EPNdB; and
    [sbull] The sum of the differences at any two measurement points 
between the maximum noise levels and the corresponding maximum 
permitted noise levels specified in Chapter 3 of Annex 16 may not be 
less than 2 EPNdB.
    In accepting Chapter 4 standards, the FAA interprets the Chapter 4 
requirements of Annex 16 as follows:
    (1) None of an airplane's maximum noise levels (flyover, lateral, 
and approach) may be greater than the maximum permitted noise levels 
for Chapter 3 airplanes, as defined in Annex 16; and
    (2) To determine Stage 4 compliance, an airplane's maximum flyover, 
lateral and approach noise levels are each subtracted from the maximum 
permitted noise levels. The differences obtained are the noise limit 
margins, to be used as follows:
    (a) When the three margins are added together, the total must be 10 
EPNdB or greater; and
    (b) When any two of the margins are added together, the sum must be 
2 EPNdB or greater.

Overview of the Proposed Rule

    The FAA is proposing to amend parts 36 and 91 to add a new noise 
standard for Stage 4 subsonic jet airplanes and subsonic transport 
category large airplanes. The proposed amendment would include the 
following changes. The FAA would be adding ``Stage 4 noise level'', 
``Stage 4 airplane'', and ``Chapter 4 noise level'' definitions to 
parts 36 and 91. In the acoustical change section of part 36, the 
requirements for Stage 4 airplanes would be added. Part 36 would also 
have a new section on Chapter 4 equivalency to Stage 4 that would 
require operators to have a Chapter 4 equivalency statement on board 
each Stage 4 airplane. Changes to Appendices A and B to part 36 would 
include an acceptable equivalent alternative for noise measurement and 
evaluation for Stage 4 airplanes. In part 91, the operating rules would 
be amended to allow the operation of Stage 4 airplanes where Stage 3 
airplanes are now required. No operating limitations are being 
proposed.

Section-by-Section Discussion of the Proposal

    The FAA is proposing to establish a new Stage 4 noise standard in 
part 36 for subsonic jet airplanes and subsonic transport category 
large airplanes. This new noise standard would ensure that the latest 
available noise reduction technology would be incorporated into new 
aircraft designs. The new Stage 4 noise standard has been written to 
mirror the ICAO Annex 16 Chapter 4 noise standard. The following is a 
section-by-section discussion of the proposed changes to part 36 and 
its appendices, and the associated operating rules in part 91.

Stage 4 Noise Certification

Section 36.1

    The FAA is proposing to add the following three terms to Sec.  
36.1(f): ``Stage 4 noise level,'' ``Stage 4 airplane,'' and ``Chapter 4 
noise level'', to be designated as paragraphs (f)(9), (f)(10), and 
(f)(11) respectively. These new terms, used in the proposed noise 
standard, would be added to the list of definitions currently listed in 
Sec.  36.1(f) to include Stage 4 airplanes in the applicability section 
of part 36.

Section 36.6

    The FAA is proposing to add new paragraphs (c) and (d) to Sec.  
36.6 to incorporate by reference ICAO Annex 16, Volume 1, Aircraft 
Noise, Third Edition, July 1993, Amendment 7. This change would add the 
ICAO document that includes requirements for noise measurement and 
evaluation and the maximum noise level to the list of acceptable 
alternatives.

Section 36.7

    The FAA is proposing to amend Sec.  36.7 to allow for the addition 
of the Stage 4 designation. Section 36.7(e) would be amended to include 
airplanes that were not originally certificated as Stage 4, but become 
Stage 4 after a change in type design. A new paragraph (f) to Sec.  
36.7 would describe the acoustical change approval process for 
airplanes originally certificated to Stage 4.

Section 36.103

    The FAA is proposing to amend Sec.  36.103(b) to establish the 
cutoff date for new Stage 3 certification, and add a new paragraph (c) 
to establish the date after which all new certification must be to 
Stage 4. Paragraph (c) would also designate the type certification 
requirements of part 36 necessary to comply with Stage 4.

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Section 36.105

    The FAA is proposing to add new Sec.  36.105 entitled ``Chapter 4 
equivalency''. The purpose of this section is to codify findings of 
equivalency for airplanes certificated under part 36 as Stage 4 and 
those certificated under ICAO Chapter 4. In addition, all airplanes 
certificated as Stage 4 would be required to have a specified 
equivalency statement included in the airplane flight manual (AFM). 
These two items are intended to facilitate the operation of Stage 4 
airplanes in locations where Chapter 4 is the recognized standard by 
establishing equivalency of compliance at certification. The FAA 
intends these provisions to help eliminate the number of questions that 
have arisen with Stage 3 and Chapter 3 airplanes.

Appendix A to Part 36

    This appendix prescribes the conditions under which airplane noise 
certification tests must be conducted and describes the measurement 
procedures that must be used in the measurement of airplane noise 
during certification testing. The FAA is proposing to add a new 
paragraph to Appendix A, section A36.1.4, that specifies an acceptable 
alternative for noise measurement and evaluation for Stage 4 airplanes. 
This alternative for Stage 4 noise measurement and evaluation is 
Appendix 2 to ICAO Annex 16, Environmental Protection, Volume I, 
Aircraft Noise, Third Edition, July 1993, Amendment 7 that was 
effective March 21, 2002.
    In 2002, the FAA amended its noise certification standards for 
subsonic jet airplanes and subsonic transport category large airplanes 
(67 FR 45194, July 8, 2002). The changes were based on the joint effort 
of the FAA, the European Joint Aviation Authorities (JAA), and Aviation 
Rulemaking Advisory Committee to harmonize the U.S. noise certification 
regulations and the European Joint Aviation Requirements for subsonic 
jet airplanes and subsonic transport category large airplanes. These 
changes provided a nearly uniform noise certification standard for 
airplanes certified in the United States and in the JAA countries. 
There were two exceptions in conducting noise tests that remain 
unharmonized.
    The FAA anticipates that when CAEP meets again in 2004, these two 
exceptions will have been resolved and will not affect this rulemaking. 
The exception for sound pressure level, part 36, Appendix A, section 
A36.9.3.2.1, has been resolved at the working group level as of October 
2002. The exception for wind velocity, part 36, Appendix A, section 
A36.2.2.2(e), is currently being discussed in this working group. This 
proposed rule presumes that these two exceptions will no longer be at 
issue by the time the FAA publishes a final rule on Stage 4 
certification.

Appendix B to Part 36

    Part 36, appendix B, contains the maximum noise levels for 
transport category and jet airplanes, and the noise certification 
reference procedures and conditions. To comply with appendix B, an 
applicant must show that noise levels were measured and evaluated using 
the procedures of appendix A of this part, or an approved equivalent 
procedure. The FAA is proposing to amend section B36.1 to include an 
acceptable alternative for Stage 4 noise measurement and evaluation. 
The proposed alternative is Annex 16 Appendix 2. Section B36.5 would 
also be revised to include the maximum noise levels for Stage 4 
airplanes.

Stage 4 Operation

Section 91.851

    Section 91.851 contains definitions that apply to Sec. Sec.  91.851 
through 91.877, the Stage 3 operating rules for airplanes over 75,000 
pounds. The FAA is proposing to add these new terms to Sec.  91.851: 
``Stage 4 noise level,'' ``Stage 4 airplane,'' and ``Chapter 4 noise 
level.'' The addition of these terms in the definition section 
coincides with their incorporation into the following operating rules.

Section 91.853

    This section requires that after December 31, 1999, all airplanes 
over 75,000 pounds must be Stage 3. The FAA is proposing to add the 
phrase ``or Stage 4'' after the phrase ``Stage 3'' to include Stage 4 
airplanes as acceptable to operate to or from any airport in the 
contiguous United States.

Section 91.855

    This section prescribes the requirements for the operation of 
airplanes over 75,000 pounds in the contiguous United States on and 
since September 25, 1991. The FAA is proposing to add the phrase ``or 
Stage 4'' after the phrase ``Stage 3'' to include Stage 4 airplanes as 
acceptable to operate to or from any airport in the contiguous United 
States.

Section 91.859

    This section allows an operator that is otherwise prohibited from 
operating to or from an airport in the contiguous United States, to 
apply for a special flight authorization for the purpose of obtaining 
modifications to meet Stage 3 noise levels. The FAA is proposing to add 
the phrase ``or Stage 4'' in the title and the text to include airplane 
modifications to meet Stage 4.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the Public. We have determined that there 
is no new information collection associated with this proposed rule.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency proposing or adopting a regulation to proceed 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 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 
(Public Law 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).
    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 it is 
determined that the expected impact is so minimal that the proposal 
does not warrant a full evaluation, a statement to that effect and the 
basis for it is included in the proposed regulation.
    This proposed rule would establish a new Stage 4 noise standard for 
subsonic jet airplanes and subsonic transport category large airplanes. 
The proposed noise standard would apply to new type designs for which 
application is made on or after January 1, 2006.

[[Page 67334]]

    The proposed noise standard would provide noise certification 
standards for Stage 4 airplanes certificated in the United States that 
would be consistent with those for airplanes certificated under the 
International Civil Aviation Organization Annex 16 Chapter 4 noise 
standards, and would ensure that the best available, economically 
reasonable, and technologically practicable noise reduction 
technologies would be incorporated into the aircraft design.
    The proposed rule was developed by assessing the feasibility and 
availability of the best noise abatement technologies for jet and 
propeller-driven large airplanes. The stringency alternatives were 
judged against the database of current and project airplanes that 
incorporate these technologies. The proposed rule is a representation 
of current industry practice and of projected technologies. All but 
four currently produced aircraft types meet the proposed Stage 4 
standards. The FAA found that under current industry practice three of 
the four currently produced airplane types have configurations that do 
not meet the proposed Stage 4 noise standard. However, these airplanes 
have one or more configurations that meet Stage 4. The remaining 
airplane type for which no Stage 4 configuration exists, was type 
certified in 1981 and can still operate under this rule.
    In 2006, when the proposed rule would become effective, all new 
type design subsonic jet airplanes and subsonic transport category 
large airplanes will be able to meet the Stage 4 noise standard by 
using the current available noise reduction technologies. Therefore, 
the proposed rule would have minimal, if any, cost. However, in order 
to meet the proposed Stage 4 standard, weight and engine constraints 
could be imposed on certain aircraft configurations. The FAA 
specifically requests comments from entities that could be negatively 
affected as a result of any weight and engine constraint and requests 
that all comments be accompanied by clear documentation.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The 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 proposed or 
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 as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 RFA provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    In view of the minimal cost impact of the proposed rule, the FAA 
has determined that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. Accordingly, 
the FAA certifies that this proposal would not have a significant 
economic impact on a substantial number of small entities. The FAA 
invites industry comments on this determination and requests that all 
comments be accompanied with clear and detailed supporting data.

International Trade Impact Analysis

    The Trade Agreement 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 proposed rule and determined that it would 
accept ICAO standards as the basis for United States regulation.

Unfunded Mandates Reform Act

    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.''
    This proposed rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Environmental Analysis

    In accordance with the provisions of regulations issued by the 
Council on Environmental Quality (40 CFR parts 1500-1508), FAA Order 
1050.1D identifies certain FAA actions that may be categorically 
excluded from the preparation of an Environmental Assessment or an 
Environmental Impact Statement. Pursuant to FAA Order 1050.1D, appendix 
4, paragraph 4(j), this rulemaking action 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 paragraph 32 of 
Order 1050.1D.

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.

List of Subjects in 14 CFR Parts 36 and 91

    Aircraft, Noise control, Reporting and recordkeeping requirements.

The Proposed Amendments

    In consideration of the foregoing the FAA proposes to amend parts 
36 and 91 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.


[[Page 67335]]


    2. Section 36.1 is amended by adding new paragraphs (f)(9), 
(f)(10), and (f)(11) to read as follows:


Sec.  36.1  Applicability and definitions.

* * * * *
    (f) * * *
    (9) A ``Stage 4 noise level'' means a noise level at or below the 
Stage 4 noise limit prescribed in section B36.5(d) of appendix B of 
this part.
    (10) A ``Stage 4 airplane'' means an airplane that has been shown 
under this part not to exceed the Stage 4 noise limit prescribed in 
section B36.5(d) of appendix B of this part.
    (11) A ``Chapter 4 noise level'' means a noise level at or below 
the Chapter 4 maximum noise level prescribed in Chapter 4 of the 
International Civil Aviation Organization (ICAO) Annex 16, Volume I, 
Amendment 7, dated March 21, 2002.
* * * * *
    3. Section 36.6 is revised by adding paragraphs (c)(3) and (d)(3) 
to read as follows:


Sec.  36.6  Incorporation by reference.

* * * * *
    (c) * * *
    (3) International Standards and Recommended Practices entitled 
``Environmental Protection, Annex 16 to the Convention on International 
Civil Aviation, Volume I, Aircraft Noise'', Third Edition, July 1993, 
Amendment 7, effective March 21, 2002.
    (d) * * *
    (3) ICAO publications. International Civil Aviation Organization 
(ICAO), Document Sales Unit, 999 University Street, Montreal, Quebec 
H3C 5H7, Canada.
* * * * *
    4. Section 36.7 is revised by adding paragraphs (e)(4) and (f) to 
read as follows:


Sec.  36.7  Acoustical change: Transport category large airplanes and 
jet airplanes.

* * * * *
    (e) * * *
    (4) If an airplane is a Stage 3 airplane prior to a change in type 
design, and becomes a Stage 4 after the change in type design, the 
airplane must remain a Stage 4 airplane.
    (f) Stage 4 airplanes. If an airplane is a Stage 4 airplane prior 
to a change in type design, the airplane must remain a Stage 4 airplane 
after the change in type design.
    5. Section 36.103 is amended by revising paragraph (b) and adding a 
new paragraph (c) to read as follows:


Sec.  36.103  Noise limits.

* * * * *
    (b) Type certification applications between November 5, 1975 and 
December 31, 2005. If application is made on or after November 5, 1975, 
and before January 1, 2006, it must be shown that the noise levels of 
the airplane are no greater than the Stage 3 noise limit prescribed in 
section B36.5(c) of appendix B of this part.
    (c) Type certification applications on or after January 1, 2006. If 
application is made on or after January 1, 2006, it must be shown that 
the noise levels of the airplane are no greater than the Stage 4 noise 
limit prescribed in section B36.5(d) of appendix B of this part. Prior 
to January 1, 2006, an applicant may seek voluntary certification to 
Stage 4 maximum noise level; if Stage 4 certification is chosen, the 
Stage 4 noise limit on changes in type design will apply.
    6. Add new Sec.  36.105 to read as follows:


Sec.  36.105  Chapter 4 equivalency.

    (a) When the noise measurement and evaluation procedures of the 
International Civil Aviation Organization (ICAO), as described in Annex 
16, Volume I, Chapter 4 are used to establish a Chapter 4 noise 
certification, the airplane is considered equivalent to Stage 4.
    (b) For each airplane for which Stage 4 certification is sought, 
the Airplane Flight Manual or operations manual must include the 
following statement: ``The following noise levels comply with part 36, 
Appendix B, Stage 4 maximum noise level requirements and were obtained 
by analysis of approved data from noise tests conducted under the 
provisions of part 36 Amendment [insert the appropriate part 36 
amendment number]. The noise measurement and evaluation procedures used 
to obtain these noise levels have been found by the FAA to be 
equivalent to the Chapter 4 noise level required by the International 
Civil Aviation Organization (ICAO) in Annex 16, Volume I, Appendix 2, 
Amendment 7, effective March 21, 2002.''

Appendix A [Amended]

    7. Section A36.1 is revised by adding paragraph A36.1.4 to read as 
follows:

Section A36.1 Introduction.

* * * * *
    A36.1.4 For Stage 4 airplanes, an acceptable alternative for 
noise measurement and evaluation is Appendix 2 to the International 
Civil Aviation Organization (ICAO) Annex 16, Environmental 
Protection, Volume I, Aircraft Noise, Third Edition, July 1993, 
Amendment 7, March 21, 2002. The Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 approved this 
incorporation by reference. This document can be obtained from the 
International Civil Aviation Organization (ICAO), Document Sales 
Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada. Also, 
you may obtain documents on the Internet at http://www.ICAO.int/eshop/index.cfm.
 Copies may be reviewed at the FAA Office of the Chief 
Counsel, Rules Docket, Federal Aviation Administration Headquarters 
Building, 800 Independence Avenue, SW., Washington, DC or at the 
Office of Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC.

Appendix B [Amended]

    8. Section B36.1 is revised to read as follows:

Section B36.1 Noise Measurement and Evaluation

    The procedures of appendix A of this part, or approved 
equivalent procedures, must be used to determine noise levels of an 
airplane. These noise levels must be used to show compliance with 
the requirements of this appendix. For Stage 4 airplanes, an 
acceptable alternative for noise measurement and evaluation is 
appendix 2 to the International Civil Aviation Organization (ICAO) 
Annex 16, Environmental Protection, Volume I, Aircraft Noise, Third 
Edition, July 1993, Amendment 7, March 21, 2002. The Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51 approved this incorporation by reference. This document can be 
obtained from, and copies may be reviewed at the respective 
addresses listed in section A36.1.
    9. Section B36.5 is revised to read as follows:

Section B36.5 Maximum Noise Levels

* * * * *
    (d) For a Stage 4 airplane, the flyover, lateral, and approach 
maximum noise levels are prescribed in chapter 4 of the 
International Civil Aviation Organization (ICAO) Annex 16, 
Environmental Protection, Volume I, Aircraft Noise, Third Edition, 
July 1993, Amendment 7, effective March 21, 2002.

PART 91--GENERAL OPERATING AND FLIGHT RULES

    10. 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).

    11. Section 91.851 is revised to read as follows:


Sec.  91.851  Definitions.

    For the purposes of Sec.  91.851 through 91.877 of this subpart:
    Chapter 4 noise level means a noise level at or below the Chapter 4 
maximum noise level prescribed in

[[Page 67336]]

Chapter 4 of the International Civil Aviation Organization (ICAO) Annex 
16, Volume I, Amendment 7, dated March 21, 2002. Airplanes certificated 
to Chapter 4 are considered equivalent to Stage 4, and comply with all 
operating rules of this part.
    Contiguous United States means the area encompassed by the 48 
contiguous United States and the District of Columbia.
    Fleet means those civil subsonic jet (turbojet) airplanes with a 
maximum certificated weight of more than 75,000 pounds that are listed 
on an operator's operations specifications as eligible for operation in 
the contiguous United States.
    Import means a change in ownership of an airplane from a non-U.S. 
person to a U.S. person when the airplane is brought into the United 
States for operation.
    New entrant means an air carrier or foreign air carrier that, on or 
before November 5, 1990, did not conduct operations under part 121 or 
129 of this chapter using an airplane covered by this subpart to or 
from any airport in the contiguous United States, but that initiates 
such operation after that date.
    Operations specifications means an enumeration of airplanes by 
type, model, series, and serial number operated by the operator or 
foreign air carrier on a given day, regardless of how or whether such 
airplanes are formally listed or designated by the operator.
    Owner means any person that has indicia of ownership sufficient to 
register the airplane in the United States pursuant to part 47 of this 
chapter.
    Stage 2 airplane means a civil subsonic jet (turbojet) airplane 
with a maximum certificated weight of 75,000 pounds or more that 
complies with Stage 2 noise levels as defined in part 36 of this 
chapter.
    Stage 2 noise levels mean the requirements for Stage 2 noise levels 
as defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 3 airplane means a civil subsonic jet (turbojet) airplane 
with a maximum certificated weight of 75,000 pounds or more that 
complies with Stage 3 noise levels as defined in part 36 of this 
chapter.
    Stage 3 noise levels mean the requirements for Stage 3 noise levels 
as defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 4 airplane means an airplane that has been shown not to 
exceed the Stage 4 noise limit prescribed in part 36 of this chapter. A 
Stage 4 airplane complies with all the operating rules of this part.
    Stage 4 noise level means a noise level at or below the Stage 4 
noise limit prescribed in part 36 of this chapter.
    12. Section 91.853 is revised to read as follows:


Sec.  91.853  Final compliance: Civil subsonic airplanes.

    Except as provided in Sec.  91.873, after December 31, 1999, no 
person shall operate to or from any airport in the contiguous United 
States any airplane subject to Sec.  91.801(c) of this subpart, unless 
that airplane has been shown to comply with Stage 3 or Stage 4 noise 
levels.
    13. Section 91.855(a) is revised to read as follows:


Sec.  91.855  Entry and nonaddition rule.

* * * * *
    (a) The airplane complies with Stage 3 or Stage 4 noise levels.
* * * * *
    14. Section 91.859 is revised to read as follows:


Sec.  91.859  Modification to meet Stage 3 or Stage 4 noise levels.

    For an airplane subject to Sec.  91.801(c) of this subpart and 
otherwise prohibited from operation to or from an airport in the 
contiguous United States by Sec.  91.855, any person may apply for a 
special flight authorization for that airplane to operate in the 
contiguous United States for the purpose of obtaining modifications to 
meet Stage 3 or Stage 4 noise levels.

    Issued in Washington, DC, on November 17, 2003.
Paul R. Dykeman,
Deputy Director, Office of Environment and Energy.
[FR Doc. 03-29147 Filed 11-25-03; 12:37 pm]

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