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NATIONAL CREDIT UNION • Hand Delivery or Courier: Take greater than 150,000 pounds and a ADMINISTRATION comments to Docket Operations in maximum operating cruise speed up to Room W12–140 of the West Building Mach 1.8. This proposal is based in part 12 CFR Part 704 Ground Floor at 1200 New Jersey on the Supersonic Transport Concept RIN 3133–AF13 Avenue SE, Washington, DC, between 9 Airplane (STCA) studies performed by a.m. and 5 p.m., Monday through the National Aeronautics and Space Corporate Credit Unions; Extension of Friday, except Federal holidays. Administration (NASA), information • Comment Period Fax: Fax comments to Docket provided to the FAA by U.S. industry, Operations at 202–493–2251. and the continuing work of the Correction Privacy: In accordance with 5 U.S.C. International Civil Aviation In proposed rule document 2020– 553(c), DOT solicits comments from the Organization (ICAO) Committee on 07159 on page 19908 in the issue of public to better inform its rulemaking Aviation Environmental Protection Thursday, April 9, 2020, make the process. DOT posts these comments, (CAEP). These proposed certification following correction: without edit, including any personal standards would provide a means to On page 19908, in the first column, in information the commenter provides, to certificate these airplanes for noise for the ‘‘DATES’’ section, in the fifth line, http://www.regulations.gov, as subsonic operation domestically, but ‘‘June 8, 2020’’ should read ‘‘July 27, described in the system of records would not affect the prohibition in 14 2020’’. notice (DOT/ALL–14 FDMS), which can CFR 91.817 on the creation of sonic be reviewed at http://www.dot.gov/ [FR Doc. C1–2020–07159 Filed 4–10–20; 8:45 am] booms (i.e., supersonic operations over privacy. land in the United States would remain BILLING CODE 1301–00–D Docket: Background documents or prohibited). comments received may be read at This proposed rule would (1) amend http://www.regulations.gov at any time. the applicability of part 36 to include DEPARTMENT OF TRANSPORTATION Follow the online instructions for new supersonic airplanes for which accessing the docket or go to Docket type certification is requested after a Federal Aviation Administration Operations in Room W12–140 of the final rule takes effect, (2) revise the West Building Ground Floor at 1200 definition of supersonic airplane to 14 CFR Parts 21 and 36 New Jersey Avenue SE, Washington, include newly certificated airplanes but [Docket No.: FAA–2020–0316; Notice No. DC, between 9 a.m. and 5 p.m., Monday exclude the Concorde,2 (3) provide 20–06] through Friday, except Federal holidays. noise certification reference procedures If you are submitting confidential RIN 2120–AL29 to be used for all supersonic airplanes, business information as part of a and (4) establish noise limits for takeoff Noise Certification of Supersonic comment, please consult section VI. A. and landing that would apply to Airplanes of this document for the proper Supersonic Level 1 (SSL1) airplanes, as submission procedure. defined in the proposed regulation. The AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: For proposed standards include noise limits Administration (FAA), DOT. technical questions concerning this that are quieter than the Stage 4 limits ACTION: Notice of proposed rulemaking action, contact Sandy R. Liu, Office of at which most of the current subsonic (NPRM). Policy, International Affairs, & jet fleet operates, though louder than the Environment, Noise Division (AEE– current certification level of Stage 5 for SUMMARY: This action proposes to add 100), Federal Aviation Administration, the same aircraft weights. The proposed new supersonic airplanes to the 800 Independence Avenue SW, standards would allow Variable Noise applicability of noise certification Washington, DC 20591; telephone 202– Reduction Systems (VNRS) to be used regulations, and proposes landing and 267–4748; email [email protected]. for noise certification testing, and if takeoff noise standards for a certain SUPPLEMENTARY INFORMATION: used for certification, would require the class of new supersonic airplanes. There system to be activated during normal is renewed interest in the development I. Executive Summary operations. of supersonic aircraft, and the proposed Current noise certification regulations II. Authority regulations would facilitate the do not include standards for supersonic continued development of airplanes by airplanes other than the Concorde. In its The FAA’s authority to issue rules on specifying the noise limits for the 2018 reauthorization,1 the FAA was aviation safety is found in Title 49 of the designs, providing the means to directed to exercise leadership in the United States Code. Subtitle I, Section certificate the airplanes for subsonic creation of Federal and international 106 describes the authority of the FAA operation in the United States. policies, regulations, and standards Administrator. Subtitle VII, Aviation DATES: Send comments on or before July relating to the certification and the safe Programs, describes in more detail the 13, 2020. and efficient operation of civil scope of the agency’s authority. ADDRESSES: Send comments identified supersonic aircraft. This rulemaking is a This rulemaking is promulgated by docket number FAA–2020–0316 step in that process. The agency is under the authority described in using any of the following methods: proposing to amend the noise Subtitle VII, Part A, Subpart III, Section • Federal eRulemaking Portal: Go to certification regulations in Title 14, 44715, Controlling aircraft noise and http://www.regulations.gov and follow Code of Federal Regulations (14 CFR) the online instructions for sending your 2 The Concorde type certificate remains valid, parts 21 and 36 to provide for new even though none are currently operating. The comments electronically. supersonic airplanes, and to add • certification regulations in part 36 that apply to the Mail: Send comments to Docket subsonic landing and takeoff (LTO) Concorde are limited to the Concorde model and Operations, M–30; U.S. Department of cycle standards for supersonic airplanes need to remain in place. The FAA seeks to segregate Transportation (DOT), 1200 New Jersey the Concorde as a historical matter to prevent any that have a maximum takeoff weight no confusion; the certification regulations proposed Avenue SE, Room W12–140, West here would apply only to new supersonic airplanes. Building Ground Floor, Washington, DC 1 Section 181, Public Law 115–254, FAA None of the proposed certification regulations affect 20590–0001. Reauthorization Act of 2018 (October 5, 2018). the Concorde operating regulations already in place.

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sonic boom. Under that section, the supersonic aircraft to meet Stage 3 noise certification procedures and noise limits FAA is charged with prescribing limits, which were then the maximum that would apply during the LTO cycle regulations to measure and abate aircraft noise limits for subsonic airplanes.6 In of certain new supersonic airplanes. noise. This rulemaking is also 1994, the FAA withdrew the NPRM, Manufacturers have indicated that they promulgated under the authority of stating that further research was expect new supersonic-capable designs Section 181 of the FAA Reauthorization necessary before developing a final to enter service in the mid- to late- Act of 2018, Public Law 115–254, which rule.7 2020s. The FAA has a statutory duty to directs the FAA Administrator to In February 2018, the FAA Office of both protect the public health and exercise leadership in the creation of the Chief Counsel published an welfare from aircraft noise and sonic Federal policies, regulations, and interpretation that addressed 14 CFR boom,10 and when proposing noise standards related to the certification of part 36, and whether it would apply to standards, to consider whether the and to the safe and efficient operation an application for type certification of a standard is economically reasonable, of civil supersonic aircraft. This new supersonic airplane. The technologically practicable, and regulation is within the scope of those interpretation concluded that part 36 appropriate for the aircraft to which the authorities because it provides for the applies only to subsonic aircraft by its standards apply.11 For more than a applicability of the regulations to a new own terms (except for the Concorde, decade, aircraft developers have class of supersonic airplanes, and sets which was included by name in indicated their need for the FAA to the noise limits described in regulations from the 1970s). The establish reasonable, achievable § 44715(a)(3) that are required to be in interpretation also found that if no noise supersonic LTO cycle noise limits in place before the FAA may issue a new standards for a supersonic aircraft were order to complete their designs with type certificate. in place at the time of an application for reasonable certainty that the aircraft will type certification, the FAA’s statutory qualify for type certification in the III. Background mandate would require the agency to United States. Current noise certification regulations create noise certification standards B. Scope of This Proposal do not include standards for supersonic applicable to the aircraft before a type airplanes other than the Concorde. In certificate could be issued, even if that All airplanes, including supersonic 1978, the FAA promulgated its first rule set of noise standards only applied to airplanes, operate at subsonic speed addressing civil supersonic aircraft one aircraft model. The full during the LTO cycle. Under part 36, noise, establishing takeoff and landing interpretation is available online 8 and a the amount of noise allowed to be noise standards in 14 CFR part 36 copy has been placed in the docket for produced during these phases of flight specific to the Concorde airplane.3 That this rulemaking. is determined by aircraft weight.12 This rule did ‘‘not establish certification Currently, FAA regulations prohibit rule proposes LTO cycle noise limits for noise limits for future design civil aircraft from operating at speeds supersonic airplanes that have a [supersonic aircraft] since the exceeding Mach I over land in the maximum takeoff weight of 150,000 technological feasibility of such United States. (14 CFR 91.817). The pounds and a maximum operating standards is at present unknown.’’ 4 In FAA does not propose to change that cruise speed of Mach 1.8, defining this addition, the FAA established prohibition with this rule. This proposal class of airplanes as SSL1. The primary operational noise limits applicable to is limited to establishing procedures reason for proposing a separate civil supersonic airplanes. and noise levels for subsonic operation supersonic category and SSL1 airplane However, the FAA anticipated that of supersonic aircraft during landing class is to account for the distinct design there would be future supersonic and takeoff. of the aircraft (discussed below in aircraft designs that could be For a brief history of supersonic paragraph C.) and the resulting known economically viable and airplane operations in the United States, source noise effects on certain noise environmentally acceptable. In 1978, please consult the background section of measurements. As industry continues to such an idea was only theoretical, but the FAA’s NPRM titled Special Flight develop supersonic capable airplane it was known that major advancements Authorizations for Supersonic Aircraft, designs and can provide more data on would need to be made. These published in the Federal Register on airplane noise and performance, the advancements included improvements June 28, 2019, at 84 FR 30961. FAA expects to adopt LTO cycle standards for aircraft of greater to noise reduction features, flexible A. Statement of the Problem performance requirements, and maximum takeoff weight and higher Several U.S. manufacturers have operational speeds. environmental acceptability. begun developing the next generation of As technology continued to advance, This proposed rule does not address supersonic airplanes. Current the FAA expressed interest in amending any noise associated with normal flight regulations do not include noise its regulations to account for the at cruise altitudes or supersonic speeds. standards applicable to new supersonic development of supersonic aircraft other The FAA has not promulgated cruise airplanes, and the FAA’s statutory than the Concorde. In 1986, the FAA altitude noise regulations for subsonic authority requires that noise regulations published an advance notice of airplanes, and sufficient data are not be in place before a new aircraft type currently available that would support proposed rulemaking (ANPRM) certificate may be issued.9 Accordingly, rulemaking to develop such standards addressing the possibility of amending the FAA is proposing to amend its noise for supersonic airplanes. Before any parts 36 and 91 to provide for noise type certification regulations to apply to changes to the operating rules could be certification and civil operation of supersonic airplanes, and to adopt noise proposed, more research is needed on newer supersonic aircraft.5 The FAA the production of noise at supersonic subsequently published an NPRM in 6 Aircraft noise limits have varied over time from 1990 that would have required future Stage 1 in the 1970s to current Stage 5 certification 10 49 U.S.C. 44715(a). limits. 11 49 U.S.C. 44715(b)(4). 3 7 Noise and Sonic Boom Requirements, 43 FR Withdrawal: 59 FR 39711 (August 4, 1994). 12 Heavier aircraft require more lift, require more 28406 (Jun. 29, 1978). 8 The interpretation is titled ‘‘Applicability of part thrust, create more drag, and have larger 4 Id. 36 to new supersonic aircraft.’’ aerodynamic surfaces that result in more noise, 5 51 FR 39663 (Oct. 30, 1986). 9 49 U.S.C. 44715(a)(3). relative to smaller aircraft.

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cruise speeds and the regulatory This difference reflects the need to take putting one’s hand out the window of a approaches that would be appropriate. into account the unique technological moving car. When traveling at Allowing civil airplane operation at and design requirements for supersonic supersonic speeds, the amount of drag speeds in excess of Mach 1 over land in aircraft to maintain long-distance increases significantly due to wave drag the U.S. may become possible in the supersonic flight. As will be discussed attributed to shock wave formation future, but it is not expected before the below, the FAA has found that the when operating at speeds faster than development of new technologies technological differences between Mach 1 (the speed of sound). As a reducing the impact of sonic boom subsonic and supersonic airplanes consequence of the large increase in generation or eliminating sonic boom require that a separate set of noise drag at supersonic speed, supersonic exposure. Accordingly, nothing about certification levels be established for aircraft must have a relatively small this proposal may be interpreted as supersonics since noise is an intrinsic cross-section to minimize the drag effect affecting the existing prohibition on function of these differences. This rule on the airframe. In practice, supersonic exceeding Mach 1 speed (thus proposes standards for the use of aircraft designs tend to look more like producing a sonic boom) over land in airplane-specific noise abatement a dart with a smaller diameter fuselage the United States.13 The FAA, NASA, technical equipment and procedures than a traditional tube and wing shaped ICAO, and aviation stakeholders (such as VNRS) that are central to subsonic aircraft. worldwide continue to study and establishing LTO cycle noise levels at Supersonic speeds also require a evaluate the methods that would certification. The traditional regulatory different wing design than the typical support the next phases of supersonic framework and the use of the well- subsonic airplane. Wave drag, which development, including the understood, efficient subsonic airplane also burdens subsonic airplanes, is a measurement of sonic boom noise and testing requirements are maintained in more significant contributor to total drag the effect on people on the ground. this proposed rule, including the on supersonic designs because of shock As a part of the process to develop existing means of acoustical waves that form at speeds greater than this proposed rule, the FAA has measurements, data evaluation, Mach 1. In order to minimize wave drag, consulted with NASA and other reference (test) procedures, reference the wings of a supersonic airplane are interested parties in the aviation (atmospheric) conditions, and thinner (in cross-sectional thickness) industry, and has continued its adjustment analyses for noise and have a shorter swept wingspan leadership roles at ICAO to assess the certification. The FAA expects that (delta shaped) than a subsonic airplane. needs of the industry and the public, these proposed regulations would result This wing design helps minimize wave and the costs and benefits of in noise tests of new supersonic drag at supersonic speeds; however, it introducing these new aircraft. airplanes being conducted in much the does not generate lift as well as subsonic When the FAA began to develop this same manner and under the same airplane wings at lower speeds. This rulemaking in 2018, the agency asked conditions as current subsonic difference is important when the several entities whether they were airplanes. airplane is taking off and landing. This developing supersonic airplane projects In order to achieve and maintain difference in wing design requires and whether they were interested in supersonic flight over long distances, supersonic airplanes to operate at higher sharing data regarding the probable different technologies need to be speeds during takeoff and landing as noise characteristics associated with incorporated. They are most evident in compared to subsonic aircraft, requiring those projects. The FAA is placing in the design and performance of (1) the more thrust than subsonic airplanes to the docket for this rulemaking the list of fuselage and wing shape, and (2) the generate enough aerodynamic lift to take questions we sent interested entities, engine design. Each of those design off and land safely. More thrust and and a list of those who responded. The characteristics has effects on airplane speed at takeoff and landing results in FAA has determined that the noise during subsonic operation. The more noise compared to a subsonic information we received in response to FAA collected and reviewed data from airplane of a similar weight. U.S. manufacturers regarding their our questions is considered proprietary 2. Engine Design and subject to the Trade Secrets Act,14 conceptual designs for new supersonic and would be protected from release aircraft in an effort to identify To take off and land safely, jet engines pursuant to the Freedom of Information appropriate subsonic LTO cycle noise for supersonic aircraft require relatively Act (FOIA) under FOIA Exemption 4.15 limits for these airplanes. These data greater thrust than subsonic aircraft of a The information we received was were also used to support the FAA’s similar weight, as well as a lower engine combined with the data from the NASA efforts to protect the public from noise bypass ratio to reach and maintain studies and ongoing ICAO efforts as part and to propose standards that are supersonic speeds in excess of Mach 1. of the overall data set that informed this reasonable. The noise limits proposed in In addition, as discussed above, the proposed rule. this rule take into account the aircraft and wing design are optimized technological advancements that have to reduce drag, and the aircraft require C. Establishing Distinct Supersonic been made since the Concorde was first increased thrust during takeoff and Standards flown commercially in the 1970s. The landing. An engine’s bypass ratio is a The FAA is proposing noise FAA anticipates that new supersonic measurement of the relationship certification levels specific to airplane designs will produce LTO cycle between the diameter of the engine supersonic aircraft, as well as certain noise similar to the fleet of subsonic opening and the amount of air that changes to existing reference procedures airplanes currently in operation. flows through the fan of the engine and bypasses the core, compared to the for measuring aircraft noise during 1. Wing and Fuselage Design certification. These proposed noise amount of air that flows through the levels are different than the current The recognizable design of the core. Over time, the bypass ratios for Stage 5 noise levels for subsonic aircraft. Concorde, with its long, narrow fuselage subsonic aircraft have greatly increased and swept-back wings, is not simply as a result of technology and materials 13 14 CFR 91.817. about aesthetics. All aircraft experience improvements that also led to 14 18 U.S.C. 1905. drag, the resistance to moving air that significant fuel efficiency improvements 15 5 U.S.C. 552(b)(4). requires power to overcome, similar to and noise reductions. There is limited

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opportunity to incorporate increased The FAA proposes the first class, supersonic and subsonic airplanes bypass ratios on engines that power Supersonic Level 1 (SSL1), for airplanes described in this section, different supersonic aircraft. To reduce the capable of supersonic flight that have a reference procedures are proposed for increased drag already noted, the maximum takeoff weight of 150,000 takeoff speed and thrust. diameter of the engine inlet must be pounds and a maximum operating New supersonic designs are also relatively small and well-integrated into cruise speed of Mach 1.8. The FAA expected to incorporate advanced the airframe/wing design, making the chose this class definition because the technologies that control the engines high bypass ratios (and pod-on-wing agency anticipates that most of the and aerodynamic control surfaces design) of engines on modern subsonic designs currently under development automatically to reduce noise at takeoff aircraft not technologically feasible. As will fit within these parameters. and landing to the greatest extent a result, new supersonic aircraft will Because this regulatory structure is possible, while still allowing the need to utilize integrated lower bypass tailored to supersonic designs and airplane to operate safely. The higher ratio engines, which are relatively technology currently under thrust needed for takeoff and the lower louder than high bypass ratio engines. development, it will foster innovation in engine bypass ratio for supersonic this new emerging class of airplanes. In 3. A New Noise Category airplanes both contribute to higher addition, it will serve as a launching lateral noise levels. This proposed rule As part of its statutory duty to adopt point for adopting appropriate standards would allow for the use of Variable standards that are economically for future classes that could encompass Noise Reduction Systems (VNRS), as reasonable, technologically practicable, for example, heavier maximum takeoff part of the takeoff reference procedure. and appropriate for a particular weights and faster operating cruise Inclusion of VNRS in the proposed 16 aircraft, the FAA first took into speeds. The FAA does not intend for standards is designed to allow account the physical and technological today’s proposal to be a one-size fits all maximum flexibility for manufacturers differences between subsonic and approach to emerging supersonic to present VNRS design options to the supersonic airplanes described above. technology. To the contrary, today’s FAA that are appropriate for their The FAA studied NASA’s modeling proposal seeks to provide the regulatory airplanes. The FAA seeks to allow the efforts for modern supersonic design certainty necessary to enable the maximum latitude for these designs technologies, as well as data that generation currently under while they are still in their infancy. The manufacturers developing supersonic development. Current research suggests FAA seeks comment on whether there 17 products provided to the FAA. Based that supersonic airplanes with speeds are other performance-based standards on the available information, the FAA above Mach 1.8 would have different that could be included that would allow concluded that, to comply with design characteristics. These even greater design flexibilities. Congress’s statutory direction to enable characteristics would affect aircraft a new generation of supersonic noise and are expected to require D. International Standard Setting airplanes, the FAA needed to create a different noise standards and different Activity new category for purposes of noise noise measurements. The development of international certification. 4. Reference Procedure Changes supersonic noise standards for modern The new category would account for aircraft began in the early 2000s and the unique technology and design The FAA’s approach to reference continues today in ICAO. Since 1983, characteristics of supersonic airplanes. procedures in this proposed rule is the ICAO CAEP has developed These unique characteristics based in its long-established paradigm environmental standards and policies fundamentally affect the way the noise of noise certification that is broadly for international aviation. The United is generated and measured, which applicable. The proposed new States is an active member of the CAEP. makes comparison to subsonic airplanes supersonic category and proposed SSL 1 Work conducted by the CAEP Noise neither appropriate nor helpful. In class reflect the FAA’s need to Technical Working Group was addition, the data available to the FAA accommodate the unique characteristics considered in many of the aspects of indicate that a modern supersonic of supersonic airplanes. Consistent with this proposed rule. The FAA continues airplane would have little in common the FAA’s long-standing approach to to work with ICAO to develop an with the noise of the Concorde, and can noise certification, the FAA would international civil supersonic LTO cycle be expected to incorporate developing evaluate supersonic airplanes under this noise standard that will allow technologies that would lessen the effect proposed rule using a standard weight- supersonic airplanes to be certificated on the public of its expected landing to-noise correlation, with the separate and accepted worldwide. This first and takeoff noise impacts. noise limits (the curve) needed to proposal of supersonic noise Based on the data available, the FAA properly account for the inherent design certification regulations represents an proposes a new noise category for differences and allow comparison of exercise of the FAA’s statutory direction matters of supersonic noise certification like products. to enable the safe commercial in Part 36, and defines a first class of In gathering noise data, an airplane is deployment of civil supersonic aircraft supersonic airplanes (defined by weight flown using Part 36 takeoff and technology and the safe and efficient and maximum speed) that is expected to approach reference procedures, which operation of civil supersonic aircraft. encompass most of the projects represent specific, repeatable conditions The United States understands the need currently under design.18 that ensure accurate noise measurement. for globally harmonized supersonic LTO This NPRM proposes using the same cycle noise standards. The FAA is 16 49 U.S.C. 44715(b)(4). measurement locations contained in the 17 Manufacturers submitted confidential or undertaking this rulemaking to respond proprietary data. existing part 36. However, to account for to the demand from U.S. manufacturers 18 If the FAA receives an application for an all of the differences between to provide regulatory certainty while it airplane that falls outside this class, both the agency continues to work with the international and the airplane developer could use the first class direction and serve as a foundation for future community to move forward with the (SSL 1) as a starting point for establishing an specific standards once the distinguishing individual certification basis. Establishing this first characteristics of the next class (whatever they may international standard setting process class will inform the industry as to the agency’s be) emerge and can be taken into account. for supersonic LTO cycle noise.

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E. Analysis of Proposed Rule Text apply to the Concorde are specific to the to new supersonic airplanes in The following section contains a Concorde and the FAA seeks to accordance with the definition proposed discussion of select portions of rule text. segregate them as a historical matter to in this rule. As discussed elsewhere in It does not repeat the rule text, but is prevent any confusion as to which this rulemaking, the applicability of the designed to be read as a companion to standards apply to the Concorde as regulations proposed for new subpart E the proposed rule language presented at opposed to those for new supersonic is limited to SSL1 airplanes. As a corollary to other aircraft types the end of this document. airplanes being proposed here. The FAA is proposing a definition of to which part 36 is applicable, the FAA Part 21, § 21.93 Classification of SSL1 airplane that refers to proposed is proposing a new § 36.15 to add changes in type design. The FAA is Appendix C, which would apply to acoustical change requirements for proposing to add supersonic airplanes supersonic airplanes with a maximum supersonic airplanes. This is the to the list of aircraft in § 21.93(b). That certificated takeoff weight of 150,000 companion regulation to the proposed section provides that any voluntary pounds and a maximum operating change made in § 21.93 that adds change in the aircraft’s type design that speed of Mach 1.8 or less. This supersonic airplanes to the applicability may increase noise levels (defined as an definition would include most of the of that section. As with other types of ‘‘acoustical change’’) must meet the proposed supersonic airplane design aircraft, a certificated supersonic applicable requirements in part 36 for concepts that U.S. manufacturers have airplane, after a change in the type design changes. Supersonic airplanes described to the FAA. The FAA design, would still be required to meet would be subject to acoustical change anticipates that when data is available at least the noise level that was requirements equivalent to other aircraft to establish LTO cycle noise standards applicable to the design prior to the types. None of the exceptions set forth for other weight and speed supersonic change. in paragraphs (b)(2), (3), and (4) for airplanes, other similar classes of Section 36.1581, Manuals, markings, subsonic jet airplanes, certain propeller- airplane and noise level would be added and placards. Several changes to this driven commuter or small airplanes, to § 36.1(j) with separate definitions. section are being proposed to address and helicopters, respectively, are The FAA is proposing a definition of noise level information for new appropriate for new supersonic LTO cycle to specify that the proposed supersonic airplanes that must be made airplanes. As discussed in subsequent supersonic noise standards are part of the Aircraft Flight Manual sections, this proposed rule seeks to associated with the departure and (AFM). Proposed paragraph (a)(4) distinguish new supersonic airplanes arrival of supersonic airplanes at establishes the general AFM from the Concorde model. As a result, subsonic speeds at airports. The LTO requirements involving noise this rule proposes to add the Concorde cycle noise levels consist of the flyover, certification for supersonic airplanes. to § 21.93 to preserve its place in the lateral, and approach noise levels as Paragraph (h) would restrict the regulations. specified in proposed Appendix C to maximum weight of the airplane to be Part 36, § 36.1 Applicability and part 36. The definition is necessary to the weight at which an LTO cycle noise definitions. The FAA is proposing to distinguish that the noise limits level that complies with part 36 was add supersonic airplanes, as defined in proposed in Appendix C are not established. this NPRM, to the applicability of part applicable to noise created during flight The proposed rule would also 36. As discussed earlier in this at supersonic speeds. establish operating limitations in preamble, the current applicability of The FAA is proposing a definition of § 36.1581(i) for supersonic airplanes. If part 36 is limited by its terms to VNRS and of Programmed Lapse Rate applicable, the limitations must be subsonic aircraft. Expanding the (PLR) to describe the function of various included in the AFM. The FAA seeks applicability is necessary to include the configuration controls that are intended comment specifically on §§ 36.1581(i)(2) noise limits for supersonic airplanes to limit noise during the LTO cycle. and (3). Proposed paragraph (i)(2) would that the FAA is proposing in new Since these are new aircraft systems, the require an operating limitation if a subpart E and new appendix C to part FAA specifically requests comment on VNRS is used to show compliance with 36. the scope of these definitions and any the proposed noise limits. The Throughout part 36, this proposed suggested additions or changes that limitation would require the flight crew rule would add the term ‘‘subsonic’’ might be common to all developers of to verify that the VNRS is functioning before ‘‘jet airplane’’ when needed to such systems. properly before each takeoff. This distinguish between the part 36 Part 36, Subpart D. The FAA is verification of functionality prior to requirements that are not applicable to proposing to change the title only of each takeoff is necessary because a both subsonic and supersonic jet Subpart D to indicate that the malfunctioning or inoperable VNRS airplanes. regulations presented in that subpart would present an immediate noise issue The FAA is proposing to amend the apply only to Concorde airplanes, and indicate that the aircraft is not in title of subpart B by inserting the word removing the term supersonic from the compliance with part 36 as certificated. ‘‘Subsonic’’ before the word ‘‘Jet’’ to subpart title. Although no Concorde While a VNRS is not required, if a indicate that the regulations in that airplanes are currently operational, the manufacturer chooses to incorporate a subpart do not apply to supersonic regulations on the Concorde would not VNRS, the FAA proposes a requirement airplanes. be removed because the aircraft type to verify that the VNRS is functioning The FAA is proposing to revise the certificate remains valid. Regulations properly. This requirement is a definition of supersonic airplane in that apply to new supersonic airplanes performance based standard: The FAA § 36.1 and move it from paragraph (f) to would be placed in a new Subpart E. does not propose to prescribe the new paragraph (j). The move will allow Part 36, Subpart E. The FAA is method or technology that a flight crew the definitions related to new proposing to add Subpart E to establish would use to conduct that verification. supersonic airplanes to be grouped in the noise measurement and evaluation To the contrary, how a flight crew is one paragraph of § 36.1. The revised requirements applicable to new able to verify that any VNRS system is definition would exclude the Concorde supersonic airplanes. This new subpart functioning properly is dependent on its from the definition of supersonic would retain the familiar structure of design. One way, but not the only way, airplane. The part 36 regulations that other subparts in part 36, but apply only to verify might be to require it to be part

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of a flight crew checklist. Another way described in existing § A36.9.4. Rarely airplane designs are anticipated to be could include equipment or technology are certification flight test conditions similar in their takeoff and landing that would verify functionality prior to ever identical to the reference characteristics as airplanes subject to takeoff. The FAA intentionally declines atmospheric conditions prescribed. Appendix B. The FAA seeks comment to specify design standards to allow Appendix A requires that appropriate on whether any of the provisions from manufacturers flexibility and to allow adjustments be made to the measured Appendix B that are being proposed for for innovation. noise data using either a simplified or inclusion in new Appendix C are The FAA requests comment on an integrated method of adjustment, as inappropriate for new supersonic whether developers have an equivalent described in § A36.9. These methods airplanes, including what alternatives means for flight crews to ensure the adjust the noise results to account for would be appropriate. The primary functionality of any certificated VNRS. differences in both the airplane to differences between the appendix The other proposed operating microphone distance, and the variations requirements are as follows: limitation on which the FAA seeks in atmospheric conditions between the Proposed § C36.5 sets the LTO cycle specific comment is in § 36.1581(i)(3) actual test day and the prescribed noise limits for SSL1 airplanes. As regarding airplanes that incorporate PLR reference day. Under current regulations noted previously in this preamble, the to limit thrust to a programmed level that apply to all aircraft, if the proposed limits are based primarily on and decrease noise. To exceed PLR simplified method results in either NASA’s Supersonic Transport Concept thrust after takeoff, the applicant must adjustments that exceed specified Airplanes (STCA) studies. The models have demonstrated during testing that decibel levels or a final effective and methodologies used in the STCA ending the programmed thrust does not perceived noise evaluation metric level studies for estimating noise certification produce a noise impact on the ground (EPNL) that falls within one decibel of levels were developed by NASA using that exceeds the levels measured at the the applicable noise limit, the integrated the most advanced physics-based certification measurement points. Until method of adjustment must instead be scientific and engineering methods, and the point at which no effect from used to ensure accuracy. The simplified were supplemented with 2- and 3- increased thrust is determined, the PLR method adjusts noise only once, at the engine supersonic design concepts and would need to remain in active maximum peak, while the integrated data from industry developers. operation. This point is not specified in method adjusts at each half-second of In seeking to design a supersonic these regulations because it is expected the entire noise segment of flight. The transport based on ‘‘near-term to be unique to each airplane design. integrated method computes EPNL technologies,’’ the models produced by The point determined for an individual directly by recalculating, under NASA researchers generally assumed PLR system would become an operating reference conditions, the data points of design elements the researchers perceived as being economically viable limitation for that airplane. the tone-corrected perceived noise level The intent of the proposed limitation and technologically practicable. For time history that corresponds to is to account for any noise issues that example, the notional engines equipped measured points obtained during are unique to the design of a particular on each modeled aircraft is based on an testing. The FAA has found that the supersonic airplane model that may be ‘‘off-the-shelf’’ subsonic turbofan. integrated method of adjustment caused by an increase in thrust when However, there are also a number of accounts for the dynamic aspects of PLR use is completed. design and performance elements VNRS procedures more accurately than Appendix A to part 36, Aircraft Noise assumed into the notional aircrafts that the simplified method of adjustment. Measurement and Evaluation: Appendix were specifically or secondarily For that reason, the FAA proposes that A would be revised to make its incorporated because of their noise- procedures applicable to supersonic the integrated method always be used abatement benefits. The research did not airplanes. Current Appendix A applies for supersonics that use VNRS. The discuss the impacts to noise if these to transport category airplanes, subsonic simplified method is unable to provide technologies were not included, nor did jet airplanes, and the Concorde. Except sufficient data processing fidelity of the researchers discuss the cost impacts to as described below, the FAA proposes measured noise signal that is the design or operation if any of these to require new supersonic airplanes to expected result of VNRS influence in processes or technologies were use the same noise measurement and flight. excluded. evaluation conditions and procedures as Appendix C to part 36, ‘‘Noise Levels Relatedly, NASA researchers also these other aircraft. Based on the for Supersonic Airplanes.’’ This is a explored alternative engine designs that information provided by developers, new appendix applicable to supersonic included noise abatement mechanisms new supersonic airplanes are expected airplanes as defined in this proposed not ultimately included in their main to be sufficiently similar in design to rule. The proposed appendix noise impact projections. For example, other jet-powered fixed-wing aircraft corresponds to existing Appendix B, NASA ran one alternative projection for such that the requirements in Appendix which prescribes procedures for an engine with a higher bypass ratio and A remain appropriate for noise determining noise levels for transport second alternative projection for certification testing. The FAA seeks category large airplanes, subsonic jet incorporating nozzle chevrons as a noise comment on whether any of the airplanes, and the Concorde. The FAA reduction technology to the original, provisions in Appendix A would not be is proposing to incorporate into the new lower bypass ratio engine. In both cases, appropriate for new supersonic Appendix C many of the same technical NASA found the alternative airplanes, including what alternative requirements currently in Appendix B technologies reduced the effective procedures would be appropriate. for subsonic airplanes, including the perceived noise level but came with a One proposed change to Appendix A EPNL and the reference noise reduction in the flight range of the for supersonic airplanes addresses measurement points (lateral, flyover, aircraft. VNRS reference procedures. When a and approach) because both the metric Therefore, while the noise data sets VNRS (included in new Appendix C) is and reference measurement locations generated by the NASA research used to demonstrate compliance with are appropriate in the demonstration of indicates a range of potential noise part 36, § A36.9.1.3 would require use of noise certification compliance. Except outputs by these modeled aircraft, these the integrated method of adjustment as noted before, new supersonic noise assumptions are already

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constrained by optional design elements This process resulted in the noise flyover, 96.5 EPNdB at the lateral the researchers did or did not choose to limits proposed in § C36.5. The measurement point, and 100.2 EPNdB at model as inputs for their final noise proposed noise limits represent a range the approach measurement point. projections. of applicability that takes into account For SSL1 airplanes that seek Additional data provided to the FAA the spectrum of information provided, certification at a lower maximum takeoff by U.S. industry and the ongoing work while also addressing the FAA’s weight, the noise limit would decrease by the ICAO CAEP were also used to statutory responsibilities regarding linearly with the logarithm of the inform the agency’s decision on noise noise regulation. airplane weight, at the rates set forth in limits. All of this technical information As the industry develops and more proposed §§ C36.5(a), (b), and (c), and served as the basis for noise limits information becomes available, the FAA remain constant for airplanes at or proposed in § C36.5. That section will consider whether to broaden the below certain specified weights. This contains the noise limits for 2- or 3- applicability of this proposed rule or logarithmic decrease mirrors the current engine supersonic airplanes with a establish a separate class for larger or requirements applied to subsonic maximum certificated takeoff weights of faster supersonic airplanes.19 The airplanes under Appendix B. 150,000 pounds and a maximum proposed noise limits are consistent As described above, the FAA does not operating speed of Mach 1.8 or less. with the agency’s statutory duty to propose to alter its fundamental The FAA proposes SSL1 noise limits control and abate aircraft noise while paradigm for noise certification as a part and an applicability range using its ‘‘consider[ing] whether the standard or of this rule. Accordingly, the FAA sets a proposed cumulative noise limit. The established noise standard-setting regulation is economically reasonable, proposed cumulative noise limit is process. The FAA based its proposal on technologically practicable, and presented in § C36.5(e), which provides the noise data sets from the NASA appropriate for the applicable aircraft, that the sum of the differences (i.e., the STCA program for that agency’s 100,000 aircraft engine, appliance, or 20 difference between the limits and and 120,000 pound (45- and 55-metric certificate.’’ As discussed above, the FAA does not maximum levels) at all three ton) airplanes with two or three engines propose to change the fundamental measurements points (i.e., flyover, installed, as well as additional approach to setting noise levels in its lateral, and approach) may not be less proprietary information from existing paradigm. Accordingly, in than 13.5 EPNdB. manufacturers developing supersonic proposing the SSL1 noise limits, FAA Proposed § C36.6 specifies the airplanes. The FAA plotted these data relies on its existing approach, which requirements when a VNRS is included sets, including associated design and uses weight as a correlating factor for in an applicant’s design and is used to modeling uncertainties, on a coordinate noise levels. This means that noise show compliance with the LTO cycle graph based on weight (in pounds) and limits are applied on a curve taking into requirements of part 36. The inclusion noise (in EPNdB) for each airplane. account the fact that heavier aircraft will of VNRS is intended to enable the Using this information plotted on the be louder, as weight is a fundamental incorporation of advanced concepts and graph, the FAA developed a series of component of aircraft noise generation. systems technologies that reduce noise potential limit lines for airplanes of Consistent with the FAA’s existing using fully automated changeable different weights and numbers of paradigm, the allowance for weight is properties or features. The two best engines. The FAA evaluated these not unlimited; the noise limits set for known of the VNRS concepts are potential limit lines taking into account various aircraft categories take into automated configuration changes, and the FAA’s statutory considerations of account the entire range of aircraft in Programmed Lapse Rate (PLR), as technological feasibility, economic each category. The FAA does not defined in proposed in § 36.1. The FAA reasonableness, and appropriateness for propose to deviate from this paradigm does not intend to limit the the aircraft type. This evaluation for supersonic aircraft. Weight remains development of automated noise process relied on the FAA’s expertise in the correlating factor, without reference reduction systems, and under this noise evaluation of supersonic to the shape or thrust or other capacity regulatory provision will consider any technologies and their qualitative of an individual model. The noise limits design features presented at certification assessment of the economic and social proposed in this rulemaking may be that seek to lessen the LTO cycle noise costs that weigh on the process to summarized as follows: impacts of supersonic airplanes. When determine the intersection of elements A three-engine SSL1 airplane that has a VNRS is presented as part of an that would result in a proposed noise a maximum takeoff weight of 150,000 airplane design at certification, it must limit line that addressed both industry pounds may not exceed 94.0 effective be accounted for in any reference design needs and agency statutory perceived noise decibel (EPNdB) at the procedures requested by the applicant, obligations. The novelty of the flyover measurement point, 96.5 EPNdB demonstrated, and approved by the technology and the limited data sets at the lateral measurement point, and FAA before the certification tests are result in an inherent uncertainty 100.2 EPNdB at the approach conducted. regarding whether these proposed noise measurement point. Section C36.7 specifies the noise standards fully optimize available noise A two-engine SSL1 airplane that has certification reference procedures and reduction while considering what is a maximum takeoff weight of 150,000 conditions that apply to supersonic economically reasonable and pounds may not exceed 91.0 EPNdB at airplanes, and includes alternative technologically practicable for modern provisions when a VNRS is used. supersonic aircraft. The FAA’s intent in 19 As noted previously, the FAA anticipates that Reference procedures are required its approach is to set a standard that the parameters for SSL1 noise standards will serve conditions and procedures for the as the foundation for future generations of could require adoption of most or all supersonic airplanes that may exceed the weight measurement of noise at the three known noise-abatement technologies to and speed limits set in this rule. That said, If the reference measurement points (lateral, meet the noise limits, including ones FAA receives an application for an airplane that flyover, and approach). For example, that may cause marginal reductions in exceeds the weight or speed limits for SSL1, both proposed § C36.7(b) specifies takeoff the agency and the airplane developer could use the aircraft performance (e.g. reduce flight SSL 1 standards as a starting point for establishing reference procedures that include the range), or marginal increases in the cost an individual certification basis. minimum height that an airplane must of manufacturing. 20 49 U.S.C. 44715(b)(4). achieve and the engine thrust level that

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must be used for the noise data to Section C36.8 addresses noise States, and would not impose an qualify for certification. Use of a VNRS certification test procedures. Noise unfunded mandate on State, local, or allows the applicant to develop adjustments for speed and thrust from tribal governments, or on the private individual reference takeoff and test to reference conditions follow the sector by exceeding the threshold. approach procedures that must be same methods of Appendix A, unless A. Regulatory Evaluation approved by the FAA before noise VNRS procedures and data adjustments certification testing if the VNRS is used are approved by the FAA. i. Baseline Problem and Statement of to show compliance with part 36. Each Interested persons are encouraged to Need review all of the proposed rule text in VNRS will likely be different, and the Without this proposal, aircraft detail and submit comments regarding FAA does not yet know how these developers would not be certain that systems will be implemented in the organization and substance of the their aircraft could qualify for type individual supersonic type designs. requirements for the LTO cycle noise certification in the United States. As This proposed rule provides flexibility certification of SSL1 airplanes. previously discussed, some U.S. for the applicant to request alternative IV. Regulatory Notices and Analyses manufacturers have begun developing takeoff and approach procedures to the next generation of supersonic accommodate varying VNRS designs. Changes to Federal regulations must airplanes. Current regulations do not Applicants using VNRS must still undergo several economic analyses. include noise standards applicable to comply with proposed §§ C36.7(d) First, Executive Orders 12866 and 13563 supersonic airplanes, and the FAA’s VNRS Takeoff reference procedure and direct that each Federal agency shall statutory authority requires that noise (e) VNRS Approach Reference propose or adopt a regulation only upon Procedure when developing any a reasoned determination that the regulations be in place before a new alternative takeoff and approach benefits of the intended regulation aircraft type certificate may be issued. procedures. Takeoff and approach justify its costs. Second, the Regulatory The FAA is proposing to amend its reference profiles must be defined by Flexibility Act of 1980 (Pub. L. 96–354), noise certification regulations to apply applicants in accordance with these as codified in 5 U.S.C. 603 et seq., to new supersonic airplanes, and to requirements so that the measured test requires agencies to analyze the adopt noise certification procedures and data can be properly adjusted for economic impact of regulatory changes noise limits that would apply during the deviations relative to the reference on small entities. Third, the Trade takeoff and landing (LTO) cycle of profile and recomputed for reference Agreements Act of 1979 (Pub. L. 96–39), certain new supersonic airplanes. meteorological conditions. These 19 U.S.C. Chapter 13, prohibits agencies Aircraft developers have indicated their requirements are intended to ensure that from setting standards that create need for the FAA to establish noise the procedures establish a common unnecessary obstacles to the foreign limits in order to complete their designs reference noise certification basis of commerce of the United States. In with reasonable certainty that the standard adjustments and specified developing U.S. standards, the Trade aircraft will qualify for type certification reference conditions that each applicant Agreements Act requires agencies to in the United States. follows when using a VNRS. Such level- consider international standards and, ii. Enabled Supersonic Aircraft where appropriate, that they be the basis setting procedures maintain fairness for Potentially Qualifying for Type of U.S. standards. Fourth, the Unfunded all noise certification applicants in Certification demonstrating compliance. As noted Mandates Reform Act of 1995 (Pub. L. previously, use of VNRS to demonstrate 104–4), as codified in 2 U.S.C. Chapter As previously discussed, aircraft compliance with part 36 will require its 25, requires agencies to prepare a developers provided FAA with use during normal operations in written assessment of the costs, benefits, information and indicated that new accordance with § 36.1581(i). and other effects of proposed or final supersonic-capable designs could enter Section C36.7(b) proposes the rules that include a Federal mandate service in the mid- to late-2020s. Based minimum cutback height and thrust likely to result in the expenditure by on this data and the proposed range of requirements that are required for State, local, or tribal governments, in the applicability, the FAA estimates two subsonic jet airplanes as a standard aggregate, or by the private sector, of supersonic airplanes, one 2-engine and takeoff reference procedure. When $100 million or more annually (adjusted one 3-engine, with maximum VNRS (including PLR) is used, the for inflation with base year of 1995). certificated takeoff weight of 150,000 takeoff reference procedure to be used The FAA has provided a more detailed pounds and a maximum operating prior to reaching minimum cutback Preliminary Regulatory Impact Analysis speed of Mach 1.8, would qualify for height is presented in § C36.7(d). of this proposed rule in the docket of type certification as a result of this Section C36.7(c)(5) addresses the this rulemaking. This portion of the proposal and potentially begin weight and configuration of the airplane preamble summarizes this analysis. production by 2025. during standard approach reference In conducting its analyses, FAA has Based on data provided by aircraft procedures. Weight and configuration determined that this proposed rule has developers and supersonic airplane for approach reference procedures using benefits that justify its costs. This studies, the FAA estimates a production VNRS are addressed in § C36.7(e)(5). proposed rule is a significant regulatory of 25 airplanes per certificate for 50 total The FAA seeks specific comments action, as defined in section 3(f) of airplanes per year, a production period regarding any additional considerations Executive Order 12866, as it raises novel of ten years, and airplane life of 20 that would be appropriate for VNRS policy issues contemplated under that years. Aircraft developers indicate that approach reference procedures, such as Executive Order. This proposed rule is 50 percent or more of production would when and how VNRS is triggered on also significant under DOT’s Regulatory be sold to foreign operators. Therefore, approach, and what indication will be Policies and Procedures for the same the potential life cycle of the first U.S. used to show that it is functional and reason. The proposed rule would not civil supersonic fleet results in active on approach if used for noise have a significant economic impact on deliveries to U.S. operators of 25 certification. All suggested changes a substantial number of small entities, airplanes per year (same to foreign should be supported by additional data would not create unnecessary obstacles operators) until the U.S. operating fleet as appropriate. to the foreign commerce of the United reaches a potential peak of 250 airplanes

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in 2034.21 We use these estimates to above the mean of the airplanes in the The FAA seeks comment on the frame our analysis of future impacts. subsonic fleet and the 3-engine following issues related to the impacts The FAA seeks comment on its estimate supersonic airplane is just two-thirds of of the proposal: of the expected timing for development a standard deviation above the mean of • The potential noise effects of the of supersonic aircraft and on its estimate the airplanes in the subsonic fleet. In proposed standard and how these might of production volumes. addition, the number of supersonic be analyzed; There is uncertainty with estimating a airplanes potentially enabled by the • The expected time savings or other future U.S. civil supersonic fleet. The proposal (i.e., those supersonic airplane benefits to the travelling public from the FAA acknowledges that data from models expected to be certificated as ability to travel via supersonic airplane current and future research and SSL1) is small and would represent less instead of subsonic airplane; development of supersonic aircraft than three percent of the combined • The manufacturing costs of possible along with additional regulatory subsonic and supersonic U.S. fleet in technologies that manufacturers are changes may expand the size of the 2034. Therefore, while the anticipated likely to use to meet the standard and future U.S. civil supersonic fleet. In certification noise levels of the their effects on performance, weight and addition, this proposal only provides a supersonic airplanes are higher than the safety; and • standard for potentially qualifying for average certificated level of airplanes in The costs and benefits of alternative type certification—it does not guarantee the subsonic fleet, the difference is noise limits or reference procedures and certification and does not fully enable or moderate. their impacts on costs and benefits to guarantee future production or domestic manufacturers, airlines and the public, operation. The effect of current U.S. iv. Benefits and Costs including the likely choice of alternative regulations may limit future operations. compliance technologies. The existing prohibition on exceeding For more than a decade, airplane The proposed rule has a positive Mach 1 over land in the United States producers interested in developing the effect on the development of U.S. would limit any supersonic airplane to next generation of supersonic airplanes standards and industry for both subsonic speeds while operated in the have sought standards in the form of domestic and international markets. The United States; the proposed regulations regulatory noise limits. Without such proposal provides an initial benchmark would cover only subsonic operation limits, potential producers are reluctant for the international development of during departure and arrival at airports. to expend millions of dollars on standards for supersonic LTO cycle airplane designs that might ultimately noise that would have a positive effect iii. Incremental Change of Proposed fail to meet a future noise standard. The LTO Cycle Noise Limits on the innovation and expansion of the FAA has been unable to set such U.S. supersonic airplane and transport The impact of the incremental change standards without knowing what is industry. As previously discussed, in the certificated noise level resulting possible by way of noise mitigation for aircraft developers indicate that 50 from the proposed LTO cycle noise new designs. percent or more of production would be limits is low. The FAA looked at the This proposed rule is the first step in delivered to foreign operators. average cumulative noise level of bridging that gap. Aircraft developers The establishment of certification airplanes in the 2034 subsonic fleet and have shared data on their designs and a LTO cycle noise standards for subsonic the cumulative noise levels of the 2- and range of expected noise levels. In turn, operations of supersonic-capable 3-engine supersonic airplanes that the FAA has used that information airplanes allows industry and FAA to would be covered under this proposed along with the work conducted by look at the impact of subsonic rule. NASA to propose these LTO cycle noise operations on noise with more certainty. The 2034 subsonic fleet has a median limits for a certain size supersonic- When these aircraft are designed, certificated noise level, expressed in capable airplane. Accordingly, the certificated, and placed in service, EPNdB level, of 267.1 and a mean primary benefit of this proposed knowledge of these noise limits will certificated noise level of almost the certification rule is that it reduces a make it easier to determine the subsonic same at 267.0 with a standard deviation current barrier to the development of impacts at individual airports, which is of 11.3.22 The anticipated certification the next generation of supersonic necessary for approval of operations noise levels of the 2-engine supersonic aircraft. This is accomplished through specifications within the United States. airplane is 269.3, a noise level at the the establishment of a design and noise This proposal does not result in 57th percentile of the subsonic fleet, standard for developers and producers, additional required regulatory costs. meaning that 57 percent of the airplanes providing them some reasonable Issuance of a type certificate requires in the subsonic fleet in 2034 would have certainty that their investments will compliance with the applicable noise overall lower certification noise levels result in airplanes that meet noise requirements of part 36. Full noise and 43 percent have overall higher regulations that have been adopted by certification testing is required for each certification noise levels than the 2- the FAA. new aircraft type and for certain engine supersonic airplane. The voluntary changes to type design that anticipated certification noise level of The proposed rule supports future are classified as an acoustical change the 3-engine supersonic airplane is innovation in new supersonic designs under § 21.93(b). The noise certification 274.5, a noise level at the 74th that incorporate advanced technologies, costs occur for new type certification, or percentile of the subsonic fleet. The such as VNRS, that reduce the noise at when a change to a type design results noise level of the 2-engine supersonic is takeoff and landing to the greatest extent from an acoustical change. Because the just one-fifth of a standard deviation possible while allowing the airplane to operate safely. The proposed standards requirements for noise certification already exist, any associated costs are 21 By 2034, U.S. aircraft developers could are designed to allow maximum 23 potentially produce 500 supersonic airplanes flexibility for the manufacturers to not incremental costs of this proposal. operating domestically and abroad. enhance designs using advances in 22 When the mean and median are the same, it 23 In the Paperwork Reduction Act section of this may imply a standard normal distribution and technology. The FAA seeks to allow the proposal, the FAA provides estimates of changes to symmetry of the database distribution without maximum latitude for these designs the paperwork related burden and the cost to significant outliers. while they are still in their infancy. Continued

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As previously discussed, this noise limits for an open-ended set of result in airplanes that meet noise proposal would allow the use of VNRS aircraft weights and Mach speeds; the regulations. during noise certification testing and goal remains a set of certification Therefore, as provided in § 605(b), the during normal operation of certificated standards that would reduce noise to head of the FAA certifies that this airplanes. Based on industry the greatest extent possible while rulemaking will not have a significant information, these systems are being allowing the airplane to operate safely. economic impact on a substantial developed without this rulemaking as number of small entities. B. Regulatory Flexibility Determination part of the designs themselves to reduce C. International Trade Impact the noise produced by these supersonic The Regulatory Flexibility Act of 1980 Assessment airplanes. Because no VNRS are (Pub. L. 96–354) (RFA) establishes ‘‘as a currently certificated on airplanes, this principle of regulatory issuance that The Trade Agreements Act of 1979 proposal adds VNRS to part 36 as an agencies shall endeavor, consistent with (Pub. L. 96–39) prohibits Federal option for producers to use in their the objectives of the rule and of agencies from establishing standards or designs. Because VNRS is not a applicable statutes, to fit regulatory and engaging in related activities that create requirement, it is not an additional cost informational requirements to the scale unnecessary obstacles to the foreign of the proposal. Rather, the addition of of the businesses, organizations, and commerce of the United States. VNRS incorporates current industry governmental jurisdictions subject to Pursuant to this Act, the establishment innovation, and the failure to allow this regulation. To achieve this principle, of standards is not considered an technology would result in costs to agencies are required to solicit and unnecessary obstacle to the foreign industry. consider flexible regulatory proposals commerce of the United States, so long and to explain the rationale for their as the standard has a legitimate v. Alternatives Considered actions to assure that such proposals are domestic objective, such as the No Action. The alternative of ‘‘no given serious consideration.’’ The RFA protection of safety, and does not action’’ would entail the foregone covers a wide range of small entities, operate in a manner that excludes opportunity to develop civil supersonic including small businesses, not-for- imports that meet this objective. The airplanes with a subsonic LTO cycle profit organizations, and small statute also requires consideration of noise certification that reduces noise at governmental jurisdictions. international standards and, where takeoff and landing to the greatest extent Agencies must perform a review to appropriate, that they be the basis for possible while allowing the airplane to determine whether a rule will have a U.S. standards. operate safely. In addition, Congress significant economic impact on a The FAA has assessed the effect of directed the FAA to exercise leadership substantial number of small entities. If this proposed rule and determined that in the creation of policies, regulations, the agency determines that it will, the its purpose would be to allow and standards relating to the agency must prepare a regulatory supersonic-capable aircraft to be noise certification and safe and efficient flexibility analysis as described in the certificated in the United States, which operation of civil supersonic aircraft.24 RFA. However, if an agency determines will permit domestic subsonic LTO The FAA was directed to take action to that a rule is not expected to have a cycle operations and supersonic advance the deployment of supersonic significant economic impact on a operations outside U.S. airspace and aircraft, both domestically and substantial number of small entities, would not pose an unnecessary obstacle internationally, through the § 605(b) of the RFA provides that the to the foreign commerce of the United development of proposed noise head of the agency may so certify and States. Therefore, the rule would certification standards to address the a regulatory flexibility analysis is not comply with the Trade Agreements Act. constraints of noise and enable required. The certification must include D. Unfunded Mandate Assessment supersonic flight. This proposed rule a statement providing the factual basis Title II of the Unfunded Mandates responds to this Congressional for this determination, and the direction. Reform Act of 1995 (Pub. L. 104–4) reasoning should be clear. requires each Federal agency to prepare No constraint on maximum Based on industry information, the certificated take-off weight and speed. a written statement assessing the effects FAA estimates two U.S. aircraft of any Federal mandate in a proposed or The proposed rule applies only to developers to apply for part 36 LTO supersonic airplanes with maximum final agency rule that may result in an cycle noise certification under this expenditure of $100 million or more (in certificated take-off weight of 150,000 proposed rule. These developers are pounds and maximum operating cruise 1995 dollars) in any one year by State, large entities that have a variety of local, and tribal governments, in the speed of Mach 1.8. The FAA private and public partnerships and considered, but rejected, a proposed aggregate, or by the private sector; such high levels of investment capable of a mandate is deemed to be a ‘‘significant rule with no limit on maximum designing and producing the next certificated take-off weight or Mach regulatory action.’’ The FAA currently generation of technically advanced and uses an inflation-adjusted value of speed. Neither the NASA STCA high value supersonic aircraft. analyses nor the aircraft data provided $155.0 million in lieu of $100 million. As discussed in the Regulatory This final rule does not contain such by industry were sufficient to provide a Evaluation section, the FAA expects this technically feasible basis to allow a a mandate. Therefore, the requirements proposed rule would have small of Title II of the Act do not apply. reasonable estimate of certification certification costs on affected entities developing supersonic airplanes. In E. Paperwork Reduction Act comply with the existing information collection as required by the Paperwork Reduction Act and addition, this proposed rule would The Paperwork Reduction Act of 1995 related Office of Management and Budget (OMB) result in positive business impacts since (44 U.S.C. 3507(d)) requires that the guidance. These costs are not a result of a new it would establish a design and noise FAA consider the impact of paperwork collection requirement. standard for entities developing and and other information collection 24 Section 181 of the Federal Aviation burdens imposed on the public. Administration Reauthorization Act of 2018 producing supersonic airplanes, (https://www.congress.gov/115/bills/hr302/BILLS- providing them some reasonable According to the 1995 amendments to 115hr302enr.pdf). certainty that their investments will the Paperwork Reduction Act (5 CFR

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1320.8(b)(2)(vi)), an agency may not 14 noise certification projects involving rulemaking action qualifies for a collect or sponsor the collection of flight tests undertaken each year. For categorical exclusion because no information, nor may it impose an this NPRM, the FAA proposes to revise significant impacts to the environment information collection requirement this PRA collection to include noise are expected from publication of this unless it displays a currently valid OMB tests on supersonic aircraft, for an NPRM. This CATEX finding applies control number. increased estimate of 16 total noise only to this proposed rule. The FAA This action contains the following certification projects per year. The FAA will initiate a separate review of any proposed amendments to the existing estimates that there are two entities that final rule, including the adoption of any information collection requirements would submit applications for supersonic airplane noise certification previously approved under OMB certification of supersonic airplanes standards that would permit the Control Number 2120–0659. As required under this proposal. Each applicant’s subsonic operation of such airplanes in by the Paperwork Reduction Act of 1995 collected information is incorporated the United States. (44 U.S.C. 3507(d)), the FAA has into a noise compliance report that is V. Executive Order Determinations submitted these proposed information provided to and approved by the FAA. collection amendments to OMB for its The noise compliance report is used by A. Executive Order 13132, Federalism review. the FAA in making a finding that the The FAA has analyzed this proposed In accordance with the Paperwork airplane is in compliance with the rule under the principles and criteria of Reduction Act of 1995, FAA invites regulations. These compliance reports Executive Order 13132, Federalism (64 public comments about our intent to are required only once when an FR 43255, August 10, 1999). The agency request OMB approval to revise an applicant wants to certificate an aircraft has determined that this action would existing information collection. The type. Without this data collection, the not have a substantial direct effect on information is collected when an FAA would be unable to make the the States, or the relationship between applicant seeking noise certification of required noise certification compliance the Federal Government and the States, aircraft demonstrates noise compliance finding. The proposed PRA data or on the distribution of power and in accordance with 14 CFR part 36. The collection revisions are as follows: responsibilities among the various demonstration of compliance by Respondents: Aircraft manufacturer/ levels of Government, and, therefore, submitting noise test data was originally applicant seeking type certification; would not have federalism implications. implemented under the Aircraft Noise Frequency: Estimated 16 total Abatement Act of 1968, and is now part applicants per year, which includes a B. Executive Order 13211, Regulations of the overall codification of aircraft proposed increase of 2 new supersonic That Significantly Affect Energy Supply, noise authority in 49 U.S.C. 44715. airplane applications; Distribution, or Use You are asked to comment on any Estimated Average Burden per The FAA analyzed this proposed rule aspect of this information collection, Response: Estimated 200 hours per under Executive Order 13211, Actions including (a) whether the proposed applicant for the compliance report; and Concerning Regulations that collection of information is necessary Estimated Total Annual Burden: Significantly Affect Energy Supply, for FAA’s performance; (b) the accuracy $25,000 per applicant or cumulative Distribution, or Use (66 FR 28355, May of the estimated burden; (c) ways for total $400,000 per year for 16 18, 2001). The agency has determined FAA to enhance the quality, utility, and applicants. that it would not be a ‘‘significant clarity of the information collection; and F. International Compatibility energy action’’ under the executive (d) ways that the burden could be order and would not be likely to have minimized without reducing the quality In keeping with U.S. obligations a significant adverse effect on the of the collected information. The FAA under the Convention on International supply, distribution, or use of energy. will summarize and/or include your Civil Aviation, it is FAA policy to comments in the request for OMB’s conform to International Civil Aviation C. Executive Order 13609, Promoting clearance of this information collection. Organization Standards and International Regulatory Cooperation Background: The aircraft noise Recommended Practices to the Executive Order 13609, Promoting certification regulations of 14 CFR part maximum extent practicable. The FAA International Regulatory Cooperation 36 currently include information has reviewed the corresponding ICAO (77 FR 26413, May 4, 2012) promotes collection requirements for the Standards and Recommended Practices international regulatory cooperation to certification of subsonic airplanes (jet and has identified no differences with meet shared challenges involving airplanes and subsonic transport these regulations; ICAO does not health, safety, labor, security, category large airplanes). The currently have standards for subsonic environmental, and other issues and to information collected are the results of LTO cycle of supersonic capable reduce, eliminate, or prevent noise certification tests that demonstrate airplanes. unnecessary differences in regulatory compliance with 14 CFR part 36. The G. Environmental Analysis requirements. The FAA has analyzed original information collection was this action under the policies and implemented to show compliance in In accordance with the provisions of agency responsibilities of Executive accordance with the Aircraft Noise regulations issued by the Council on Order 13609, and has determined that Abatement Act of 1968; that statute is Environmental Quality (40 CFR parts this action would have no effect on now part of the overall codification of 1500–1508), FAA Order 1050.1F international regulatory cooperation. the FAA’s regulatory authority over identifies certain FAA actions that may aircraft noise in 49 U.S.C. 44715. be categorically excluded from the D. Executive Order 13771, Reducing Appendix A to part 36, § A36.5.2, preparation of an Environmental Regulation and Controlling Regulatory requires applicants to include test Assessment or an Environmental Impact Costs results in their noise certification Statement. The FAA has determined This proposed rule is a deregulatory compliance report. Aircraft certification that this NPRM is covered by the action under Executive Order 13771, applicants typically certificate an CATEX described in paragraph 5–6.6(d) Reducing Regulation and Controlling airplane model once. The current of FAA Order 1050.1F. Pursuant to FAA Regulatory Costs (82 FR 9339, February information collection estimate includes Order 1050.1F, paragraph 5–5.6(d), this 3, 2017). Details on the enabling aspects

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of this proposed rule that expand B. Availability of Rulemaking 44704, 44707, 44709, 44711, 44713, 44715, production and consumption options Documents 45303; Pub. L. 115–254. can be found in the Regulatory An electronic copy of rulemaking ■ 2. Amend § 21.93 by revising Evaluation. documents may be obtained from the paragraph (b)(2) and adding paragraph (b)(6) to read as follows: VI. Additional Information internet by— • Searching the Federal eRulemaking § 21.93 Classification of changes in type A. Comments Invited Portal (http://www.regulations.gov); • Visiting the FAA’s Regulations and design. The FAA invites interested persons to Policies web page at http:// * * * * * participate in this rulemaking by www.faa.gov/regulations_policies; or (b) * * * submitting written comments, data, or • Accessing the Government (2) Subsonic jet (Turbojet powered) views. The agency also invites Publishing Office’s web page at http:// airplanes (regardless of category) and comments relating to the economic, www.gpo.gov/fdsys/. Concorde airplanes. For airplanes to environmental, energy, or federalism Copies may also be obtained by which this paragraph applies, impacts that might result from adopting sending a request to the Federal ‘‘acoustical changes’’ do not include the proposals in this document. The Aviation Administration, Office of changes in type design that are limited most helpful comments reference a Rulemaking, ARM–1, 800 Independence to one of the following— specific portion of the proposal, explain Avenue SW, Washington, DC 20591, or *** the reason for any recommended by calling (202) 267–9677. Commenters (6) Supersonic airplanes. change, and include supporting data. To must identify the docket or notice * * * * * ensure the docket does not contain number of this rulemaking. All documents the FAA considered in duplicate comments, commenters PART 36—NOISE STANDARDS: developing this proposed rule, should send only one copy of written AIRCRAFT TYPE AND including economic analyses and AIRWORTHINESS CERTIFICATION comments, or if comments are filed technical reports, may be accessed from electronically, commenters should the internet through the Federal ■ 3. The authority citation for part 36 is submit only one time. eRulemaking Portal referenced above. revised to read as follows: The FAA will file in the docket all C. Small Business Regulatory Authority: 42 U.S.C. 4321 et seq.; 49 comments it receives, as well as a report U.S.C. 106(g), 40113, 44701–44702, 44704, Enforcement Fairness Act summarizing each substantive public 44715; sec. 305, Pub. L. 96–193, 94 Stat. 50, contact with FAA personnel concerning The Small Business Regulatory 57; E.O. 11514, 35 FR 4247, 3 CFR, 1966– this proposed rulemaking. Before acting Enforcement Fairness Act of 1996 1970 Comp., p. 902; Pub. L. 115–254. on this proposal, the FAA will consider (SBREFA) requires FAA to comply with ■ 4. Amend § 36.1 by all comments it receives on or before the small entity requests for information or ■ a. Adding paragraph (a)(6); closing date for comments. The agency advice about compliance with statutes b. Revising paragraph (c); may change this proposal in light of the and regulations within its jurisdiction. ■ c. Revising the introductory text of comments it receives. A small entity with questions regarding paragraph (d); this document may contact its local ■ d. Revising the introductory text of Confidential Business Information FAA official, or the person identified in paragraph (f); the FOR FURTHER INFORMATION CONTACT Confidential Business Information ■ e. Revising paragraph (g); heading at the beginning of the ■ f. Removing and reserving paragraph (CBI) is commercial or financial preamble. To find out more about information that is both customarily and (f)(8); and SBREFA on the internet, visit http:// ■ e. Adding paragraph (j). actually treated as private by its owner. www.faa.gov/regulations_policies/ The additions and revisions read as Under the Freedom of Information Act rulemaking/sbre_act/. (FOIA) (5 U.S.C. 552), CBI is exempt follows: List of Subjects from public disclosure. If your § 36.1 Applicability and definitions. comments responsive to this NPRM 14 CFR Part 21 (a) * * * contain commercial or financial Aircraft, Aviation safety, Exports, (6) Type certificates, changes to those information that is customarily treated Imports, Reporting and recordkeeping certificates, and standard airworthiness as private, that you actually treat as requirements. certificates, for supersonic airplanes. private, and that is relevant or 14 CFR Part 36 * * * * * responsive to this NPRM, it is important (c) Each person who applies under that you clearly designate the submitted Aircraft, Noise control. part 21 of this chapter for approval of comments as CBI. Please mark each The Proposed Amendment an acoustical change described in page of your submission containing CBI § 21.93(b) of this chapter must show that as ‘‘PROPIN.’’ FAA will treat such In consideration of the foregoing, the Federal Aviation Administration the aircraft complies with the applicable marked submissions as confidential provisions of §§ 36.7, 36.9, 36.11, 36.13, under the FOIA, and they will not be proposes to amend chapter I of Title 14, Code of Federal Regulations as follows: or 36.15 of this part in addition to the placed in the public docket of this applicable airworthiness requirements NPRM. Submissions containing CBI PART 21—CERTIFICATION of this chapter. should be sent to the person identified PROCEDURES FOR PRODUCTS AND (d) Each person who applies for the in the FOR FURTHER INFORMATION ARTICLES original issue of a standard CONTACT section of this document. Any airworthiness certificate for a transport information the FAA receives that is not ■ 1. The authority citation for part 21 is category large airplane or for a subsonic specifically designated as CBI will be revised to read as follows: jet airplane under § 21.183 must, placed in the public docket for this Authority: 42 U.S.C. 7572; 49 U.S.C. regardless of date of application, show rulemaking. 106(f), 106(g), 40105, 40113, 44701–44702, compliance with the following

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provisions of this part (including § 36.7 Acoustical change: Transport measured and evaluated in accordance appendix B): category large airplanes and subsonic jet with appendix A of this part or an airplanes. * * * * * approved equivalent procedure. (a) Applicability. This section applies (f) For the purpose of showing § 36.403 Noise limits. compliance with this part for transport to all transport category large airplanes category large airplanes and subsonic jet and subsonic jet airplanes for which an For supersonic airplanes, compliance airplanes regardless of category, the acoustical change approval is applied with this section is determined by: following terms have the following for under § 21.93(b) of this chapter. (a) Tests conducted in accordance meanings: * * * * * with § 36.401 of this part. ■ (b) Demonstration of the noise levels * * * * * 6. Add § 36.15 to subpart A to read as follows: produced using the reference (g) For the purpose of showing procedures and conditions in § C36.7, compliance with this part for transport § 36.15 Acoustical change: Supersonic and the test procedures of § C36.8 of category large airplanes and subsonic jet airplanes. appendix C of this part or an approved airplanes regardless of category, each (a) Applicability. This section applies equivalent procedure. airplane may not be identified as to all supersonic airplanes for which an (c) For an airplane for which type complying with more than one stage or acoustical change approval is applied certification application is made after configuration simultaneously. for under § 21.93(b) of this chapter. [EFFECTIVE DATE OF FINAL RULE], * * * * * (b) General requirements. For the noise levels demonstrated may not (j) For the purpose of showing supersonic airplanes, the acoustical exceed the SSL1 noise limits prescribed compliance with this part, for change approval requirements are as in § C36.5(c) of appendix C of this part. supersonic airplanes regardless of follows: ■ 11. Amend § 36.1581 by: category, the following terms have the (1) In showing compliance, noise ■ a. Revising paragraph (a)(1); meanings specified: levels must be measured and evaluated ■ b. Adding paragraph (a)(4); Landing and Takeoff (LTO) cycle, as in accordance with the applicable ■ c. Revising paragraph (d); used in reference to a supersonic procedures and conditions prescribed in ■ d. Removing and reserving paragraph airplane, means the segments of appendix A of this part. (g); and subsonic flight that include flyover, (2) Compliance with the SSL1 noise ■ e. Adding paragraph (h) and (i). lateral and approach noise levels limits prescribed in § C36.5 of appendix The additions and revisions read as prescribed in appendix C of this part. C of this part must be shown in follows: Programmed Lapse Rate (PLR) is a accordance with the applicable fully automated feature incorporated provisions of §§ C36.7 and C36.8 of § 36.1581 Manuals, markings, and into the engine controls as part of the appendix C of this part. placards. engine thrust rating structure as a means (c) If a supersonic airplane is an SSL1 (a) * * * of reducing noise. airplane prior to a change in type (1) For transport category large Supersonic airplane means— design, after a change in type design it airplanes, subsonic jet airplanes, and (i) An airplane: must remain an SSL1 airplane as the Concorde, the noise level (A) For which the maximum specified in § C36.5 of appendix C of information must be one value for each this part. operating limit speed, Mmo, exceeds a flyover, lateral, and approach as defined Mach number of 1; and ■ 7. Revise the heading of subpart B to and required by appendix B of this part, (B) That receives an original type read as follows. along with the maximum takeoff weight, certificate after [EFFECTIVE DATE OF maximum landing weight, and Subpart B—Transport Category Large configuration. FINAL RULE]. Airplanes and Subsonic Jet Airplanes (ii) Does not include any Concorde * * * * * model airplane. No regulation in this ■ 8. Amend § 36.101 to read as follows: (4) For supersonic airplanes, LTO part that references the Concorde For subsonic transport category large cycle noise level information must: applies to any non-Concorde supersonic airplanes and subsonic jet powered (i) Be determined in accordance with airplane. airplanes the noise generated by the appendix C of this part; Supersonic Level 1 (SSL1) noise level airplane must be measured under (ii) Be one value for each flyover, means a noise level at or below the appendix A of this part or under an lateral, and approach condition as noise limit prescribed in § C36.5 of approved equivalent procedure. defined; and appendix C to this part. ■ 9. Revise the heading of subpart D to (iii) Correspond to the maximum Variable Noise Reduction System read as follows. takeoff weight, the maximum landing (VNRS) is a dynamic system integrated weight, and the configuration for each of into the design of an aircraft that Subpart D—Noise Limits for Concorde these conditions. Airplanes functions automatically to produce a * * * * * change in the configuration of the ■ 10. Add subpart E to read as follows: (d) For transport category large aircraft to reduce noise. Such systems airplanes and subsonic jet airplanes, for may include: Subpart E —Noise Limits for which the weight used in meeting the (i) Hardware or software components Supersonic Airplanes takeoff or landing noise requirements of that control engine parameters or this part is less than the maximum airframe configuration; or Sec. 36.401 Noise measurement and evaluation. weight established under the applicable (ii) Controls initiated through a flight 36.403 Noise limits. airworthiness requirements, those lesser management system as a means of noise weights must be furnished, as operating reduction during normal operation. § 36.401 Noise measurement and limitations in the operating limitations ■ 5. Amend § 36.7 by revising the evaluation. section of the Airplane Flight Manual. section heading and paragraph (a) to For supersonic airplanes, the noise Further, the maximum takeoff weight read as follows: generated by the airplane must be must not exceed the takeoff weight that

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is most critical from a takeoff noise appendix. For this reason, the FAA permits Section C36.2 Noise Evaluation Metric standpoint. the use of approved equivalent procedures. There are also equivalent procedures that The noise evaluation metric is the * * * * * may be used in full certification tests, in the effective perceived noise level (h) For supersonic airplanes, no interest of reducing costs and providing expressed in EPNdB, as calculated using maximum landing or takeoff weight may reliable results. Guidance material on the use the procedures of appendix A of this exceed the weight used to establish an of equivalent procedures in the noise part. LTO cycle noise level that shows certification of subsonic jet, propeller-driven compliance with this part. large airplanes, and supersonic airplanes is Section C36.3 Reference Noise (i) The following conditions each provided in the current advisory circular for Measurement Points this part. require an operating limitation that When tested using the procedures of must be included in the operating * * * * * this part, an airplane may not exceed limitations section of the Airplane ■ d. Revise paragraph A36.5.2(h)(1) to the noise levels specified in § C36.5 at Flight Manual. read as follows: the following points on level terrain: (1) When any weight used in showing * * * * * (a) Lateral full-power reference noise compliance with an LTO cycle noise A36.5.2.5 * * * measurement point: The point on a line requirement of this part is less than the (h) * * * parallel to and 1,476 feet (450 meters) maximum weight established under the (1) For subsonic jet airplanes and from the runway centerline, or extended applicable airworthiness requirements, supersonic airplanes: engine centerline, where the noise level after the weight used to show compliance performance in terms of net thrust, lift-off is at a maximum during takeoff. with a noise requirement of this part engine pressure ratios, jet exhaust When approved by the FAA, the becomes an operating limitation. temperatures and fan or compressor maximum lateral noise at takeoff thrust (2) When a VNRS has been used to shaft rotational speeds as determined may be assumed to occur at the point (or show compliance with the SSL1 noise from airplane instruments and its approved equivalent) along the limits of § C36.5 of appendix C of this manufacturer’s data for each test run; extended centerline of the runway part, or with the reference procedures of * * * * * where the airplane reaches 985 feet (300 §§ C36.7(d) and C36.7(e) of appendix C ■ e. Revise paragraph A36.9.1.3 to read meters) altitude above ground level. The of this part, the flight crew must ensure as follows: altitude of the airplane as it passes the that the VNRS is functioning properly * * * * * noise measurement points must be prior to takeoff; ¥ ¥ A36.9.1.3 For supersonic airplanes, within + 328 to 164 feet (+100 to 50 (3) When PLR has been used to show the integrated method of adjustment, meters) of the target altitude. compliance with the SSL1 noise limits described in § A36.9.4, must be used (b) Flyover reference noise of § C36.5 of appendix C of this part, or when VNRS reference procedures in measurement point: The point on the with the reference procedures of C36.7(d) and C36.7(e) are used to extended centerline of the runway that §§ C36.7(d) and C36.7(e) of appendix C demonstrate compliance with this part. is 21,325 feet (6,500 meters) from the of this part, the airplane may not be start of the takeoff roll; programmed to exceed PLR thrust * * * * * ■ (c) Approach reference noise during normal operations except at 13. Revise the heading of appendix B to part 36, to read as follows. measurement point: The point on the specified thrust levels for which the extended centerline of the runway that airplane has been shown not to cause Appendix B to Part 36—Noise Levels is 6,562 feet (2,000 meters) from the any significant noise impact on the for Transport Category and Subsonic runway threshold. On level ground, this ground. Jet Airplanes Under § 36.103 and corresponds to a position that is 394 feet ■ 12. In appendix A to part 36 revise the Concorde Airplanes Under § 36.301 (120 meters) vertically below the 3- heading and § A.36.1.1 to read as ■ 14. Add appendix C to part 36 to read degree descent path, which originates at follows: as follows: a point on the runway 984 feet (300 meters) beyond the threshold. Appendix A to Part 36—Aircraft Noise Appendix C to Part 36—Noise Levels Measurement and Evaluation for Supersonic Airplanes Section C36.4 Test Noise Measurement * * * * * Points Sec. A36.1.1 This appendix prescribes the C36.1 Noise Measurement and Evaluation. (a) If the test noise measurement conditions under which airplane noise C36.2 Noise Evaluation Metric. points are not located at the reference certification tests must be conducted C36.3 Reference Noise Measurement Points. noise measurement points, any and states the measurement procedures C36.4 Test Noise Measurement Points. corrections for the difference in position that must be used to measure airplane C36.5 Noise Limits. are to be made using the same noise. This appendix also describes the C36.6 Use of a Variable Noise Reduction adjustment procedures as for the procedures that must be used to System (VNRS). C36.7 Noise Certification Reference differences between test and reference determine the noise evaluation quantity flight paths. designated as effective perceived noise Procedures and Conditions. C36.8 Noise Certification Test Procedures. (b) The applicant must use a sufficient level, EPNL, as referenced in §§ 36.101, number of lateral test noise 36.401 and 36.803. Section C36.1 Noise Measurement and measurement points to demonstrate to * * * * * Evaluation the FAA that the maximum noise level ■ c. Revise the note to § A36.2.1.1 to The procedures of appendix A of this on the appropriate lateral line has been read as follows: part, or approved equivalent determined. For supersonic airplanes, * * * * * procedures, must be used to determine simultaneous measurements must be Note: Many noise certifications involve the noise levels of a supersonic airplane. made at one test noise measurement only minor changes to the airplane type The noise levels determined using these point at its symmetrical point on the design. The resulting changes in noise can procedures must be used to show other side of the runway. The often be established reliably without compliance with the requirements of measurement points are considered to resorting to a complete test as outlined in this this appendix. be symmetrical if they are

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longitudinally within 33 feet (±10 (2) For which noise certification is (v) In defining the reference takeoff meters) of each other. requested at a maximum certificated flight path(s) for the takeoff and lateral takeoff weight (mass) of less than noise measurements, the runway Section C36.5 Noise Limits 150,000 pounds (68,039 kg), the noise gradient is zero. When determined in accordance with limit begins at 100.2 EPNdB and (b) Standard takeoff reference the noise evaluation methods of decreases linearly with the logarithm of procedure: appendix A of this part, the noise levels the mass down to 98 EPNdB at 77,162 The takeoff reference flight path must of a Supersonic Level 1 airplane may pounds (35.0k kg), after which the limit be calculated using the following: not exceed the following: remains constant. (1) The takeoff thrust/power used (a) Flyover. (d) No airplane may exceed the noise must be the maximum specified by the (1) For an airplane with three engines: limits described in this section at any applicant for normal takeoff operations (i) For which noise certification is measurement point. (and is presumed to be less than requested at a maximum certificated (e) The sum of the differences at all maximum thrust/power for supersonic takeoff weight (mass) of 150,000 pounds three measurement points between the cruise speed) as listed in the (68,039 kilograms (kg)), the noise limit maximum noise levels and the noise performance section of the airplane is 94.0 EPNdB. limits specified in §§ C36.5(a), C36.5(b) flight manual under the reference (ii) For which noise certification is and C36.5(c) may not be less than 13.5 atmospheric conditions given in requested at a maximum certificated EPNdB. § C36.7(a)(5). Average engine takeoff takeoff weight of less than 150,000 thrust or power must be used from brake pounds (68,039 kg), the noise limit Section C36.6 Use of a Variable Noise release to the point where the minimum begins at 94.0 EPNdB and decreases Reduction System (VNRS) height above runway level is reached, as linearly with the logarithm of the For any airplane that includes a VNRS follows— airplane weight (mass) at the rate of 4 as part of an airplane design for noise The minimum height to be used— EPNdB per halving of weight (mass) certification, the applicant must— (i) For airplanes with three engines: down to 89 EPNdB at 63,052 pounds (a) Submit reference procedures to be 853 feet (260 meters). (ii) For airplanes with two engines or (28,600 kg) after which the limit is approved by the FAA as part of its noise fewer: 984 feet (300 meters). constant. certification test plan. (2) Upon reaching the height specified (2) For an airplane with two engines (b) Demonstrate the approved VNRS in paragraph (b)(1) of this section, or fewer: reference procedures for takeoff as airplane thrust or power must not be (i) For which noise certification is defined in § C36.7(d), or for approach as requested at a maximum certificated reduced below that required to maintain defined in C36.7(e), when conducting the greater of— takeoff weight (mass) of 150,000 pounds certification tests. (68,039 kg), the noise limit is 91.0 (i) A climb gradient of 4 percent; or (ii) For multi-engine airplanes, level EPNdB. Section C36.7 Noise Certification (ii) For which noise certification is Reference Procedures and Conditions flight with one engine inoperative. (3) To determine the lateral noise requested at a maximum certificated (a) General conditions: level, the reference flight path must be takeoff weight (mass) of less than (1) All reference procedures must calculated using full takeoff power 150,000 pounds (68,039 kg), the noise meet the requirements of § 36.3 of this throughout the test run without a limit begins at 91.0 EPNdB and part. reduction in thrust or power. decreases linearly with the logarithm of (2) Calculations of airplane (4) The takeoff reference true airspeed the airplane weight (mass) at the rate of performance and flight path must be is the all-engine operating takeoff climb 4 EPNdB per halving of weight (mass) made using the reference procedures speed using the procedures approved by down to 89 EPNdB at 106,042 pounds and must be approved by the FAA. the FAA— (48,100 kg), after which the limit is (3) Standard reference procedures— (i) For the shortest runway on which constant. When using standard reference the airplane is approved to operate; (b) Lateral. Regardless of the number procedures, the following apply— (ii) When the aircraft reaches the of engines, for an airplane at the (i) For takeoff, § C36.7(b); measurement location distance from reference noise measurement point: (ii) For lateral, § C 36.7(b)(3); and brake release. (1) For which noise certification is (iii) For approach, § C36.7(c). (iii) That is determined by the requested at a maximum certificated (4) VNRS reference procedures—For applicant when calculating the takeoff weight (mass) of 150,000 pounds airplanes that use a VNRS, the following reference profile using the reference (68,039 kg) the noise limit is 96.5 reference procedures apply— conditions stated in § C36.7(5). EPNdB. (i) For takeoff and lateral, § C36.7(d); (iv) The reference speed may not (2) For which noise certification is and exceed 250 knots. requested at a maximum certificated (ii) For approach, § C36.7(e). (5) The takeoff configuration selected take-off weight (mass) of less than (5) The following reference conditions by the applicant and approved by the 150,000 pounds (68,039 kg), the noise must be specified in the reference FAA must be maintained constantly limit begins at 96.5 EPNdB and procedures. When used for the throughout the takeoff reference decreases linearly with the logarithm of calculation of atmospheric absorption procedure, except that the landing gear the weight (mass) down to 94 EPNdB at coefficients, the reference atmosphere is may be retracted. 77,162 pounds (35,000 kg), after which homogeneous in terms of temperature (6) The weight of the airplane at the the limit remains constant. and relative humidity. brake release must be the maximum (c) Approach. Regardless of the (i) Sea level atmospheric pressure of takeoff weight at which the noise number of engines, for an airplane: 2,116 pounds per square foot (psf) certification is requested. This weight (1) For which noise certification is (1013.25 hPa); may be required as an operating requested at a maximum certificated (ii) Ambient sea-level air temperature limitation in accordance with takeoff weight (mass) of 150,000 pounds of 77 °F (25 °C, i.e., ISA + 10 °C); § 36.1581(i) of this part; and (68,039 kg) the noise limit is 100.2 (iii) Relative humidity of 70 percent; (7) The average engine is defined as EPNdB. (iv) Zero wind. the average of all the certification

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compliant engines used during the (B) For airplanes with two engines or (1) The airplane is stabilized and airplane flight tests, up to and during fewer: 984 feet (300 meters); and following a 3-degree glide path; certification, when operating within the (v) Upon reaching the height specified (2) The approach reference speed is limitations, and according to the in paragraph (d)(4) of this section, Vref + 10 kts (Vref + 19 km/h); procedures given in the Flight Manual. airplane thrust or power must not be (3) The applicant must use the This will determine the relationship of reduced below that required to maintain approach configuration (landing gear thrust/power to control parameters (e.g., either of the following, whichever is down) established for normal operations N1 or EPR). Noise measurements made greater: as part of the airworthiness certification. during certification tests must be (A) A climb gradient of 4 percent; or (4) The weight of the airplane at corrected using this relationship. (B) In the case of multi-engine touchdown, at which noise certification (c) Standard approach reference airplanes, level flight with one engine is requested, must be the maximum procedure: inoperative. landing weight permitted in the The approach reference flight path (2) The VNRS reference flight path approach configuration defined in must be calculated using the following: determined under paragraph (d)(1) of paragraph (e)(3) of this section, in (1) The airplane is stabilized and this section must be used when accordance with § 36.1581(h) of this following a 3-degree glide path; demonstrating and measuring the lateral part; an (2) A steady approach speed of Vref noise level to show compliance with (5) The weight at which certification + 10 kts (Vref + 19 km/h) with thrust § C36.5 of this appendix. is requested, with the airplane in the and power stabilized must be (3) The takeoff reference true airspeed most critical configuration, defined as— established and maintained over the to be used is calculated using the all (i) The configuration that produces approach measuring point. engine operating takeoff climb speed, as the highest noise level with normal (3) The constant approach determined using— deployment of aerodynamic control configuration used in the airworthiness (i) The shortest approved runway surfaces including lift and drag certification tests, but with the landing length; producing devices; and (ii) Maximum certificated takeoff gear down, must be maintained (ii) All equipment listed in weight at which the noise certification throughout the approach reference § A36.5.2.5 of appendix A of this part is requested, which may result in an procedure; that can be operated during normal operating limitation as specified in (4) The weight of the airplane at flight. § 36.1581(d); touchdown must be the maximum (iii) The reference conditions stated in Section C36.8 Noise Certification Test landing weight permitted in the § C36.7(5); Procedures approach configuration defined in (iv) The calculated true airspeed at (a) All test procedures must be paragraph (c)(3) of this section at which the overhead measurement point, noise certification is requested. This approved by the FAA before defined in § C36.3(b); certification tests are conducted. weight may be required as an operating (v) The takeoff reference true airspeed (b) The test procedures and noise limitation in accordance with must be attained as soon as practicable measurements must be conducted and § 36.1581(i) of this part; and after lift-off; and (5) The weight at which certification (vi) The takeoff reference true processed in an approved manner to is requested, with the airplane in the airspeed may not exceed 250 knots; yield the noise evaluation metric EPNL, most critical configuration, defined as— (4) For all airplanes, noise values in units of EPNdB, as described in (i) That which produces the highest measured during testing must be appendix A of this part. noise level with normal deployment of corrected to the reference acoustic day (c) Acoustic data must be adjusted to aerodynamic control surfaces including takeoff speed. the reference conditions specified in lift and drag producing devices, and (5) The takeoff configuration selected this appendix using the methods (ii) All equipment listed in by the applicant and approved by the described in appendix A of this part. § A36.5.2.5 of appendix A of this part FAA must be maintained throughout the Adjustments for speed and thrust must that can be operated during normal takeoff reference procedure, except that be made as described in § A36.9 of this flight. the landing gear may be retracted; and part, unless separate VNRS procedures (d) VNRS Takeoff reference (6) The weight of the airplane at brake and the data adjustments are approved. procedure: release must be the maximum takeoff (d) If the airplane’s weight during the (1) The VNRS takeoff reference flight weight at which noise certification is test is different from the weight at path is to be specified by the applicant requested. This weight may be required which noise certification is requested, using the following— as an operating limitation in accordance the required EPNL adjustment may not (i) Maximum engine takeoff thrust or with § 36.1581(i) of this part; and exceed 2 EPNdB for each takeoff and 1 power (of an average engine) used to (7) As used in paragraph (d)(1)(i) of EPNdB for each approach. Data determine takeoff true airspeed from this section, average engine means the approved by the FAA must be used to brake release to the activation of VNRS average of all the certification compliant determine the variation of EPNL with using the reference atmospheric engines used during the airplane flight weight for both takeoff and approach conditions of § C36.7(a)(5). tests, up to and during certification, test conditions. The necessary EPNL (ii) The segment of the flight path when operating within the limitations adjustment for variations in approach from the activation of VNRS to the point and according to the procedures given flight path from the reference flight path at which VNRS is no longer active; in the Flight Manual. The average must not exceed 2 EPNdB. (iii) The applicant must maintain engine must be used to determine the (e) For approach, a steady glide path climb power throughout the remaining relationship of thrust/power to control angle of 3 degrees ±0.5 degree is segment of the reference flight path; parameters (e.g., N1 or EPR). acceptable. (iv) The following minimum heights (e) VNRS Approach reference (f) If equivalent test procedures must be reached before engine cutback procedure: different from the reference procedures is initiated: The VNRS approach reference flight are used, the test procedures and all (A) For airplanes with three engines: path must be calculated using the methods for adjusting the results to the 853 feet (260 meters); following: reference procedures must be approved

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by the FAA. The adjustments may not completing an FAA-approved repair Comments Invited exceed 16 EPNdB on takeoff and 8 would be required. This proposed AD is The FAA invites you to participate in EPNdB on approach. If the adjustment prompted by a report of a missing MGB this rulemaking by submitting written is more than 8 EPNdB on takeoff, or suspension bar attachment bolt head. comments, data, or views. The FAA also more than 4 EPNdB on approach, the The actions of this proposed AD are invites comments relating to the resulting numbers must be more than 2 intended to address an unsafe condition economic, environmental, energy, or EPNdB below the noise limit specified on these products. federalism impacts that might result in § C36.5. DATES: The FAA must receive comments from adopting the proposals in this (g) During takeoff, lateral, and on this proposed AD by June 12, 2020. document. The most helpful comments approach tests, the airplane variation in reference a specific portion of the ADDRESSES: You may send comments by instantaneous indicated airspeed must proposal, explain the reason for any ± any of the following methods: be maintained within 3% of the recommended change, and include • average airspeed between the 10 dB- Federal eRulemaking Docket: Go to supporting data. To ensure the docket down points. This airspeed is https://www.regulations.gov. Follow the does not contain duplicate comments, determined by the pilot’s airspeed online instructions for sending your commenters should send only one copy indicator. However, if the instantaneous comments electronically. ± ± of written comments, or if comments are indicated airspeed exceeds 3 kt ( 5.5 • Fax: 202–493–2251. filed electronically, commenters should km/h) of the average airspeed over the • Mail: Send comments to the U.S. submit only one time. 10 dB-down points, and is determined The FAA will file in the docket all by the FAA representative on the flight Department of Transportation, Docket Operations, M–30, West Building comments received, as well as a report deck to be due to atmospheric summarizing each substantive public turbulence, then the flight so affected Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC contact with FAA personnel concerning may not be used for noise certification this proposed rulemaking. Before acting purposes. 20590–0001. • Hand Delivery: Deliver to the on this proposal, the FAA will consider Issued in Washington, DC, under the ‘‘Mail’’ address between 9 a.m. and 5 all comments received on or before the authority of 49 U.S.C. 106(f), 44701(a)(5), closing date for comments. The FAA 44715, and § 181 of the FAA Reauthorization p.m., Monday through Friday, except Federal holidays. will consider comments filed after the Act of 2018, on March 30, 2020. comment period has closed if it is Kevin W. Welsh, Examining the AD Docket possible to do so without incurring Executive Director, Office of Environment & expense or delay. The FAA may change Energy. You may examine the AD docket on this proposal in light of the comments [FR Doc. 2020–07039 Filed 4–10–20; 8:45 am] the internet at https:// received. BILLING CODE 4910–13–P www.regulations.gov by searching for and locating Docket No. FAA–2020– Discussion 0378; or in person at Docket Operations EASA, which is the Technical Agent DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m., Monday for the Member States of the European through Friday, except Federal holidays. Union, has issued EASA AD No. 2018– Federal Aviation Administration The AD docket contains this proposed 0152, dated July 18, 2018 (EASA AD AD, the European Union Aviation 2018–0152), to correct an unsafe 14 CFR Part 39 Safety Agency (previously European condition for Airbus Helicopters Aviation Safety Agency) (EASA) AD, [Docket No. FAA–2020–0378; Product (formerly Eurocopter, Eurocopter Identifier 2018–SW–060–AD] any comments received, and other France) Model AS 350 B, AS 350 D, AS information. The street address for 350 B1, AS 350 B2, AS 350 BA, AS 350 RIN 2120–AA64 Docket Operations is listed above. BB, AS 350 B3, EC 130 B4, EC 130 T2, Comments will be available in the AD AS 355 E, AS355 F, AS355 F1, AS 355 Airworthiness Directives; Airbus docket shortly after receipt. Helicopters F2, AS 355 N, and AS355 NP For service information identified in helicopters. AGENCY: Federal Aviation this proposed rule, contact Airbus EASA advises of a reported Administration (FAA), DOT. Helicopters, 2701 N. Forum Drive, occurrence of a missing MGB ACTION: Notice of proposed rulemaking Grand Prairie, TX 75052; telephone suspension bar attachment bolt head. (NPRM). 972–641–0000 or 800–232–0323; fax EASA advises that investigations are 972–641–3775; or at https:// ongoing to determine the root cause of SUMMARY: The FAA proposes to adopt a www.airbus.com/helicopters/services/ this event. According to Airbus new airworthiness directive (AD) for technical-support.html. You may view Helicopters, the missing MGB Airbus Helicopters Model AS350B, the referenced service information at the suspension bar attachment bolt head AS350B1, AS350B2, AS350B3, FAA, Office of the Regional Counsel, was discovered during scheduled AS350BA, AS350C, AS350D, AS350D1, Southwest Region, 10101 Hillwood maintenance of a Model EC 130 T2 AS355E, AS355F, AS355F1, AS355F2, Pkwy, Room 6N–321, Fort Worth, TX helicopter. EASA states this condition AS355N, AS355NP, EC130B4, and 76177. could lead to fatigue failure of other EC130T2 helicopters. This proposed AD affected bolts of the same MGB bracket, FOR FURTHER INFORMATION CONTACT: would require visually inspecting each possibly resulting in loss of the MGB main rotor gearbox (MGB) suspension Kristi Bradley, Aerospace Engineer, suspension bar and consequently loss of bar attachment bracket bolt for missing Safety Management Section, Rotorcraft helicopter control. As an interim bolt heads. Depending on the outcome Standards Branch, FAA, 10101 measure to address this potential unsafe of the visual inspection, measuring the Hillwood Pkwy., Fort Worth, TX 76177; condition, the EASA AD also includes tightening torque, removing certain telephone 817–222–5110; email Model AS 350 B, AS 350 D, AS 350 B1, parts, sending photos and reporting [email protected]. AS 350 B2, AS 350 BA, AS 350 BB, AS information to Airbus Helicopters, and SUPPLEMENTARY INFORMATION: 350 B3, EC 130 B4, AS 355 E, AS355 F,

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