14 C.F.R. Subpart A—General
Title 14 - Aeronautics and Space
(a) This part prescribes noise standards for the issue of the following certificates: (1) Type certificates, and changes to those certificates, and standard airworthiness certificates, for subsonic transport category large airplanes, and for subsonic jet airplanes regardless of category. (2) Type certificates and changes to those certificates, standard airworthiness certificates, and restricted category airworthiness certificates, for propeller-driven, small airplanes, and for propeller-driven, commuter category airplanes except those airplanes that are designed for “agricultural aircraft operations” (as defined in §137.3 of this chapter, as effective on January 1, 1966) or for dispersing fire fighting materials to which §36.1583 of this part does not apply. (3) A type certificate and changes to that certificate, and standard airworthiness certificates, for Concorde airplanes. (4) Type certificates, and changes to those certificates, for helicopters except those helicopters that are designated exclusively for “argicultural aircraft operations” (as defined in §137.3 of this chapter, as effective on January 1, 1966), for dispensing fire fighting materials, or for carrying external loads (as defined in §133.1(b) of this chapter, as effective on December 20, 1976). (b) Each person who applies under Part 21 of this chapter for a type of airworthiness certificate specified in this part must show compliance with the applicable requirements of this part, in addition to the applicable airworthiness requirements of this chapter. (c) Each person who applies under Part 21 of this chapter for approval of an acoustical change described in §21.93(b) of this chapter must show that the aircraft complies with the applicable provisions of §§36.7, 36.9, or 36.11 of this part in addition to the applicable airworthiness requirements of this chapter. (d) Each person who applies for the original issue of a standard airworthiness certificate for a transport category large airplane or for a jet airplane under §21.183 must, regardless of date of application, show compliance with the following provisions of this part (including appendix B): (1) The provisions of this part in effect on December 1, 1969, for subsonic airplanes that have not had any flight time before— (i) December 1, 1973, for airplanes with maximum weights greater than 75,000 pounds, except for airplanes that are powered by Pratt & Whitney Turbo Wasp JT3D series engines; (ii) December 31, 1974, for airplanes with maximum weights greater than 75,000 pounds and that are powered by Pratt & Whitney Turbo Wasp JT3D series engines; and (iii) December 31, 1974, for airplanes with maximum weights of 75,000 pounds and less. (2) The provisions of this part in effect on October 13, 1977, including the stage 2 noise limits, for Concorde airplanes that have not had flight time before January 1, 1980. (e) Each person who applies for the original issue of a standard airworthiness certificate under §21.183, or for the original issue of a restricted category airworthiness certificate under §21.185, for propeller-driven, commuter category airplanes for a propeller driven small airplane that has not had any flight time before January 1, 1980, must show compliance with the applicable provisions of this part. (f) For the purpose of showing compliance with this part for transport category large airplanes and jet airplanes regardless of category, the following terms have the following meanings: (1) A “Stage 1 noise level” means a flyover, lateral or approach noise level greater than the Stage 2 noise limits prescribed in section B36.5(b) of appendix B of this part. (2) A “Stage 1 airplane” means an airplane that has not been shown under this part to comply with the flyover, lateral, and approach noise levels required for Stage 2 or Stage 3 airplanes. (3) A “Stage 2 noise level” means a noise level at or below the Stage 2 noise limits prescribed in section B36.5(b) of appendix B of this part but higher than the Stage 3 noise limits prescribed in section B36.5(c) of appendix B of this part. (4) A “Stage 2 airplane” means an airplane that has been shown under this part to comply with Stage 2 noise levels prescribed in section B36.5(b) of appendix B of this part (including use of the applicable tradeoff provisions specified in section B36.6) and that does not comply with the requirements for a Stage 3 airplane. (5) A “Stage 3 noise level” means a noise level at or below the Stage 3 noise limits prescribed in section B36.5(c) of appendix B of this part. (6) A “Stage 3 airplane” means an airplane that has been shown under this part to comply with Stage 3 noise levels prescribed in section B36.5(c) of appendix B of this part (including use of the applicable tradeoff provisions specified in section B36.6). (7) A “subsonic airplane” means an airplane for which the maximum operating limit speed, Mmo, does not exceed a Mach number of 1. (8) A “supersonic airplane” means an airplane for which the maximum operating limit speed, Mmo, exceeds a Mach number of 1. (9) A “Stage 4 noise level” means a noise level at or below the Stage 4 noise limit prescribed in section B36.5(d) of appendix B of this part. (10) A “Stage 4 airplane” means an airplane that has been shown under this part not to exceed the Stage 4 noise limit prescribed in section B36.5(d) of appendix B of this part. (11) A “Chapter 4 noise level” means a noise level at or below the maximum noise level prescribed in Chapter 4, Paragraph 4.4, Maximum Noise Levels, of the International Civil Aviation Organization (ICAO) Annex 16, Volume I, Amendment 7, effective March 21, 2002. [Incorporated by reference, see §36.6]. (g) For the purpose of showing compliance with this part for transport category large airplanes and jet airplanes regardless of category, each airplane may not be identified as complying with more than one stage or configuration simultaneously. (h) For the purpose of showing compliance with this part, for helicopters in the primary, normal, transport, and restricted categories, the following terms have the specified meanings: (1) Stage 1 noise level means a takeoff, flyover, or approach noise level greater than the Stage 2 noise limits prescribed in section H36.305 of appendix H of this part, or a flyover noise level greater than the Stage 2 noise limits prescribed in section J36.305 of appendix J of this part. (2) Stage 1 helicopter means a helicopter that has not been shown under this part to comply with the takeoff, flyover, and approach noise levels required for Stage 2 helicopters as prescribed in section H36.305 of appendix H of this part, or a helicopter that has not been shown under this part to comply with the flyover noise level required for Stage 2 helicopters as prescribed in section J36.305 of appendix J of this part. (3) Stage 2 noise level means a takeoff, flyover, or approach noise level at or below the Stage 2 noise limits prescribed in section H36.305 of appendix H of this part, or a flyover noise level at or below the Stage 2 limit prescribed in section J36.305 of appendix J of this part. (4) Stage 2 helicopter means a helicopter that has been shown under this part to comply with Stage 2 noise limits (including applicable tradeoffs) prescribed in section H36.305 of appendix H of this part, or a helicopter that has been shown under this part to comply with the Stage 2 noise limit prescribed in section J36.305 of appendix J of this part. (5) Maximum normal operating RPM means the highest rotor speed corresponding to the airworthiness limit imposed by the manufacturer and approved by the FAA. Where a tolerance on the highest rotor speed is specified, the maximum normal operating rotor speed is the highest rotor speed for which that tolerance is given. If the rotor speed is automatically linked with flight condition, the maximum normal operating rotor speed corresponding with that flight condition must be used during the noise certification procedure. If rotor speed can be changed by pilot action, the highest normal operating rotor speed specified in the flight manual limitation section for power-on conditions must be used during the noise certification procedure. [Doc. No. 13243, Amdt. 36–4, 40 FR 1034, Jan. 6, 1975] Editorial Note: For (a) Section 21.17 of this chapter notwithstanding, each person who applies for a type certificate for an aircraft covered by this part, must show that the aircraft meets the applicable requirements of this part that are effective on the date of application for that type certificate. When the time interval between the date of application for the type certificate and the issuance of the type certificate exceeds 5 years, the applicant must show that the aircraft meets the applicable requirements of this part that were effective on a date, to be selected by the applicant, not earlier than 5 years before the issue of the type certificate. (b) Section 21.101(a) of this chapter notwithstanding, each person who applies for an acoustical change to a type design specified in §21.93(b) of this chapter must show compliance with the applicable requirements of this part that are effective on the date of application for the change in type design. When the time interval between the date of application for the change in type design and the issuance of the amended or supplemental type certificate exceeds 5 years, the applicant must show that the aircraft meets the applicable requirements of this part that were effective on a date, to be selected by the applicant, not earlier than 5 years before the issue of the amended or supplemental type certificate. (c) If an applicant elects to comply with a standard in this part that was effective after the filing of the application for a type certificate or change to a type design, the election: (1) Must be approved by the FAA; (2) Must include standards adopted between the date of application and the date of the election; (3) May include other standards adopted after the standard elected by the applicant as determined by the FAA. [Amdt. 36–54, 67 FR 45211, July 8, 2002; Amdt. 36–24, 67 FR 63195, Oct. 10, 2002] It must be shown that the aircraft meets the airworthiness regulations constituting the type certification basis of the aircraft under all conditions in which compliance with this part is shown, and that all procedures used in complying with this part, and all procedures and information for the flight crew developed under this part, are consistent with the airworthiness regulations constituting the type certification basis of the aircraft. [Doc. No. 9337, 34 FR 18364, Nov. 18, 1969, as amended by Amdt. 36–14, 53 FR 3540, Feb. 5, 1988] Pursuant to 49 U.S.C. 1431(b)(4), the noise levels in this part have been determined to be as low as is economically reasonable, technologically practicable, and appropriate to the type of aircraft to which they apply. No determination is made, under this part, that these noise levels are or should be acceptable or unacceptable for operation at, into, or out of, any airport. (a) General. This part prescribes certain standards and procedures which are not set forth in full text in the rule. Those standards and procedures are contained in published material which is reasonably available to the class of persons affected and has been approved for incorporation by reference by the Director of the Federal Register under 5 U.S.C. 552 (a) and 1 CFR Part 51. (b) Incorporated matter. (1) Each publication, or part of a publication, which is referenced but not set forth in full-text in this part and which is identified in paragraph (c) of this section is hereby incorporated by reference and made a part of Part 36 of this chapter with the approval of the Director of the Federal Register. (2) Incorporated matter which is subject to subsequent change is incorporated by reference according to the specific reference and to the identification statement. Adoption of any subsequent change in incorporated matter is made under Part 11 of this chapter and 1 CFR Part 51. (c) Identification statement. The complete title or description which identifies each published matter incorporated by reference in this part is as follows: (1) International Electrotechnical Commission (IEC) Publications. (i) IEC Publication No. 179, entitled “Precision Sound Level Meters,” dated 1973. (ii) IEC Publication No. 225, entitled “Octave, Half-Octave, Third Octave Band Filters Intended for the Analysis of Sounds and Vibrations,” dated 1966. (iii) IEC Publication No. 651, entitled “Sound Level Meters,” first edition, dated 1979. (iv) IEC Publication No. 561, entitled “Electro-acoustical Measuring Equipment for Aircraft Noise Certification,” first edition, dated 1976. (v) IEC Publication No. 804, entitled “Integrating-averaging Sound Level Meters,” first edition, dated 1985. (vi) IEC Publication 61094–3, entitled “Measurement Microphones—Part 3: Primary Method for Free-Field Calibration of Laboratory Standard Microphones by the Reciprocity Technique”, edition 1.0, dated 1995. (vii) IEC Publication 61094–4, entitled “Measurement Microphones—Part 4: Specifications for Working Standard Microphones”, edition 1.0, dated 1995. (viii) IEC Publication 61260, entitled “Electroacoustics-Octave-Band and Fractional-Octave-Band filters”, edition 1.0, dated 1995. (ix) IEC Publication 61265, entitled “Instruments for Measurement of Aircraft Noise-Performance Requirements for Systems to Measure One-Third-Octave-Band Sound pressure Levels in Noise Certification of Transport-Category Aeroplanes,” edition 1.0, dated 1995. (x) IEC Publication 60942, entitled “Electroacoustics—Sound Calibrators,” edition 2.0, dated 1997. (2) Society of Automotive Engineers (SAE) Publications. (i) SAE ARP 866A, entitled “Standard Values at Atmospheric Absorption as a Function of Temperature and Humidity for Use in Evaluating Aircraft Flyover Noise,” dated March 15, 1975. (3) International Standards and Recommended Practices entitled “Environmental Protection, Annex 16 to the Convention on International Civil Aviation, Volume I, Aircraft Noise”, Third Edition, July 1993, Amendment 7, effective March 21, 2002. (d) Availability for purchase. Published material incorporated by reference in this part may be purchased at the price established by the publisher or distributor at the following mailing addresses: (1) IEC publications. (i) International Electrotechnical Commission, 3, rue de Varembe, Case postale 131, 1211 Geneva 20, Switzerland. (ii) American National Standard Institute, 11 West 42nd Street, New York City, New York 10036. (2) SAE publications. Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrentown, Pennsylvania 15096. (3) ICAO publications. International Civil Aviation Organization (ICAO), Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada. (e) Availability for inspection. A copy of each publication incorporated by reference in this part is available for public inspection at the following locations: (1) U.S. Department of Transportation, Docket Management System, 400 7th Street, SW., Room PL 401, Washington, DC. (2) Department of Transportation, Branch Library, Room 930, Federal Aviation Administration Headquarters Building, 800 Independence Avenue, SW., Washington, DC. (3) The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.php. (4) The respective Region Headquarters of the Federal Aviation Administration as follows: (i) New England Region Headquarters, 12 New England Executive Park, Burlington, Massachusetts 01803. (ii) Eastern Region Headquarters, Federal Building, John F. Kennedy (JFK) International Airport, Jamaica, New York 11430. (iii) Southern Region Headquarters, 1701 Columbia Avenue, College Park, Georgia, 30337. (iv) Great Lakes Region Headquarters, O'Hare Lake Office Center, 2300 East Devon Avenue, Des Plaines, Illinois 60018. (v) Central Region Headquarters, Federal Building, 601 East 12th Street, Kanasa City Missouri 64106. (vi) Southwest Region Headquarters, 2601 Meacham Boulevard, Fort Worth, Texas, 76137–4298. (vii) Northwest Mountain Region Headquarters, 1601 Lind Avenue, Southwest, Renton, Washington 98055. (viii) Western-Pacific Region Headquarters, 15000 Aviation Boulevard, Hawthorne, California 92007. (ix) Alaskan Region Headquarters, 222 West 7th Avenue, #14, Anchorage, Alaska, 99513. (x) European Office Headquarters, 15, Rue de la Loi (3rd Floor), B–1040 Brussels, Belgium. [Amdt. 36–9, 43 FR 8739, Mar. 3, 1978, as amended by Amdt. 36–16, 53 FR 47400, Nov. 22, 1988; Amdt. 36–20, 57 FR 42854, Sept. 16, 1992; Amdt. 36–54, 67 FR 45212, July 8, 2002; Amdt. 36–24, 28 FR 1512, Jan. 10, 2003; 68 FR 2402, Jan. 16, 2003; Amdt. 36–26, 70 FR 38748, July 5, 2005] (a) Applicability. This section applies to all transport category large airplanes and jet airplanes for which an acoustical change approval is applied for under §21.93(b) of this chapter. (b) General requirements. Except as otherwise specifically provided, for each airplane covered by this section, the acoustical change approval requirements are as follows: (1) In showing compliance, noise levels must be measured and evaluated in accordance with the applicable procedures and conditions prescribed in Appendix A of this part. (2) Compliance with the noise limits prescribed in section B36.5 of appendix B must be shown in accordance with the applicable provisions of sections B36.7 and B36.8 of appendix B of this part. (c) Stage 1 airplanes. For each Stage 1 airplane prior to the change in type design, in addition to the provisions of paragraph (b) of this section, the following apply: (1) If an airplane is a Stage 1 airplane prior to the change in type design, it may not, after the change in type design, exceed the noise levels created prior to the change in type design. The tradeoff provisions of section B36.6 of appendix B of this part may not be used to increase the Stage 1 noise levels, unless the aircraft qualifies as a Stage 2 airplane. (2) In addition, for an airplane for which application is made after September 17, 1971— (i) There may be no reduction in power or thrust below the highest airworthiness approved power or thrust, during the tests conducted before and after the change in type design; and (ii) During the flyover and lateral noise tests conducted before the change in type design, the quietest airworthiness approved configuration available for the highest approved takeoff weight must be used. (d) Stage 2 airplanes. If an airplane is a Stage 2 airplane prior to the change in type design, the following apply, in addition to the provisions of paragraph (b) of this section: (1) Airplanes with high bypass ratio jet engines. For an airplane that has jet engines with a bypass ratio of 2 or more before a change in type design— (i) The airplane, after the change in type design, may not exceed either (A) each Stage 3 noise limit by more than 3 EPNdB, or (B) each Stage 2 noise limit, whichever is lower: (ii) The tradeoff provisions of section B36.6 of appendix B of this part may be used in determining compliance under this paragraph with respect to the Stage 2 noise limit or to the Stage 3 plus 3 EPNdB noise limits, as applicable; and (iii) During the flyover and lateral noise test conducted before the change in type design, the quietest airworthiness approved configuration available for the highest approved takeoff weight must be used. (2) Airplanes that do not have high bypass ratio jet engines. For an airplane that does not have jet engines with a bypass ratio of 2 or more before a change in type design— (i) The airplane may not be a Stage 1 airplane after the change in type design; and (ii) During the flyover and lateral noise tests conducted before the change in type design, the quietest airworthiness approved configuration available for the highest approved takeoff weight must be used. (e) Stage 3 airplanes. If an airplane is a Stage 3 airplane prior to the change in type design, the following apply, in addition to the provisions of paragraph (b) of this section: (1) If compliance with Stage 3 noise levels is not required before the change in type design, the airplane must— (i) Be a Stage 2 airplane after the change in type design and compliance must be shown under the provisions of paragraph (d)(1) or (d)(2) of this section, as appropriate; or (ii) Remain a Stage 3 airplane after the change in type design. Compliance must be shown under the provisions of paragraph (e)(2) of this section. (2) If compliance with Stage 3 noise levels is required before the change in type design, the airplane must be a Stage 3 airplane after the change in type design. (3) Applications on or after [August 14, 1989.] The airplane must remain a Stage 3 airplane after the change in type design. (4) If an airplane is a Stage 3 airplane prior to a change in type design, and becomes a Stage 4 after the change in type design, the airplane must remain a Stage 4 airplane. (f) Stage 4 airplanes. If an airplane is a Stage 4 airplane prior to a change in type design, the airplane must remain a Stage 4 airplane after the change in type design. [Amdt. 36–7, 42 FR 12371, Mar. 3, 1977; Amdt. 36–8, 43 FR 8730, Mar. 2, 1978; Amdt. 36–10, 43 FR 28420, June 29, 1978; Amdt. 36–12, 46 FR 33464, June 29, 1981; Amdt. 36–15, 53 FR 16366, May 6, 1988; 53 FR 18950, May 25, 1988; Amdt. 36–17, 54 FR 21042, May 15, 1989; Amdt. 36–54, 67 FR 45212, July 8, 2002; Amdt. 36–26, 70 FR 38749, July 5, 2005] For propeller-driven small airplanes in the primary, normal, utility, acrobatic, transport, and restricted categories and for propeller-driven, commuter category airplanes for which an acoustical change approval is applied for under §21.93(b) of this chapter after January 1, 1975, the following apply: (a) If the airplane was type certificated under this part prior to a change in type design, it may not subsequently exceed the noise limits specified in §36.501 of this part. (b) If the airplane was not type certificated under this part prior to a change in type design, it may not exceed the higher of the two following values: (1) The noise limit specified in §36.501 of this part, or (2) The noise level created prior to the change in type design, measured and corrected as prescribed in §36.501 of this part. [Amdt. 36–16, 53 FR 47400, Nov. 22, 1988; 53 FR 50157, Dec. 13, 1988; Amdt. 36–19, 57 FR 41369, Sept. 9, 1992] This section applies to all helicopters in the primary, normal, transport, and restricted categories for which an acoustical change approval is applied for under §21.93(b) of this chapter on or after March 6, 1986. Compliance with the requirements of this section must be demonstrated under appendix H of this part, or, for helicopters having a maximum certificated takeoff weight of not more than 7,000 pounds, compliance with this section may be demonstrated under appendix J of this part. (a) General requirements. Except as otherwise provided, for helicopters covered by this section, the acoustical change approval requirements are as follows: (1) In showing compliance with the requirements of appendix H of this part, noise levels must be measured, evaluated, and calculated in accordance with the applicable procedures and conditions prescribed in parts B and C of appendix H of this part. For helicopters having a maximum certificated takeoff weight of not more than 7,000 pounds that alternatively demonstrate compliance under appendix J of this part, the flyover noise level prescribed in appendix J of this part must be measured, evaluated, and calculated in accordance with the applicable procedures and conditions prescribed in parts B and C of appendix J of this part. (2) Compliance with the noise limits prescribed in section H36.305 of appendix H of this part must be shown in accordance with the applicable provisions of part D of appendix H of this part. For those helicopters that demonstrate compliance with the requirements of appendix J of this part, compliance with the noise levels prescribed in section J36.305 of appendix J of this part must be shown in accordance with the applicable provisions of part D of appendix J of this part. (b) Stage 1 helicopters. Except as provided in §36.805(c), for each Stage 1 helicopter prior to a change in type design, the helicopter noise levels may not, after a change in type design, exceed the noise levels specified in section H36.305(a)(1) of appendix H of this part where the demonstration of compliance is under appendix H of this part. The tradeoff provisions under section H36.305(b) of appendix H of this part may not be used to increase any Stage 1 noise level beyond these limits. If an applicant chooses to demonstrate compliance under appendix J of this part, for each Stage 1 helicopter prior to a change in type design, the helicopter noise levels may not, after a change in type design, exceed the Stage 2 noise levels specified in section J36.305(a) of appendix J of this part. (c) Stage 2 helicopters. For each helicopter that is Stage 2 prior to a change in type design, the helicopter must be a Stage 2 helicopter after a change in type design. [Doc. No. 26910, 57 FR 42854, Sept. 16, 1992, as amended by Amdt. 36–25, 69 FR 31234, June 2, 2004]
Title 14: Aeronautics and Space
PART 36—NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS CERTIFICATION
Subpart A—General
§ 36.1 Applicability and definitions.
§ 36.2 Requirements as of date of application.
§ 36.3 Compatibility with airworthiness requirements.
§ 36.5 Limitation of part.
§ 36.6 Incorporation by reference.
§ 36.7 Acoustical change: Transport category large airplanes and jet airplanes.
§ 36.9 Acoustical change: Propeller-driven small airplanes and propeller-driven commuter category airplanes.
§ 36.11 Acoustical change: Helicopters.
