Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Proposed Rules 20431 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. VerDate Sep<11>2014 17:52 Apr 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\13APP1.SGM 13APP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 20432 Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Proposed Rules 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.