[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Rules and Regulations]
[Pages 1133-1143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00111]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21 and 36
[Docket No. FAA-2011-0629; Amdt. Nos. 21-97; 36-29]
RIN 2120-AJ76
Noise Certification Standards for Tiltrotors
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rule amends the regulations governing noise certification
standards for issuing type and airworthiness certificates for a new
civil, hybrid airplane-rotorcraft known as the tiltrotor. This noise
standard establishes new noise limits and procedures as the basis to
ensure consistent aviation noise reduction technology is incorporated
in tiltrotors for environmental protection. It provides uniform noise
certification standards for tiltrotors certificated in the United
States and harmonizes the U.S. regulations with the standards of the
International Civil Aviation Organization's (ICAO) Annex 16.
DATES: Effective March 11, 2013.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule contact Sandy Liu, AEE-100, Office of Environment and
Energy, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone: (202) 493-4864; facsimile (202) 267-
5594; email: sandy.liu@faa.gov.
For legal questions concerning this final rule contact Karen
Petronis, AGC-200, Office of the Chief Counsel, International Law,
Legislation, and Regulations Division, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone: (202)
267-3073; email: karen.petronis@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44715, Controlling aircraft
noise and sonic boom. Under that section, the FAA is charged with
prescribing regulations to measure and abate aircraft noise. This
regulation is within the scope of that authority since it would
establish new noise certification test procedures and noise limits for
a new class of aircraft. Applicants for type certificates, changes in
type design, and airworthiness certificates for tiltrotors are required
to comply with these new regulations.
Overview of Final Rule
The standards in this final rule apply to the issuance of an
original type certificate, changes to a type certificate, and the
issuance of a standard airworthiness certificate for tiltrotors. This
final rule creates noise certification standards that are applicable to
all tiltrotors, such as the AgustaWestland Model AW609 currently under
development. These regulations incorporate the same standards as ICAO
Annex 16, Volume 1, Chapter 13, Attachment F (Amendment 7) for
tiltrotors, consistent with the FAA goal of harmonizing U.S.
regulations with international standards.
Background
A new aircraft type known as a tiltrotor is currently in production
after more than six decades of research and development. The aircraft
uses rotating nacelles, a hybrid of propellers and helicopter rotors,
to provide both lift and propulsive force. The tiltrotor is designed to
function as a helicopter for takeoff and landing and as an airplane
during the en-route portion of flight operations.
The most recognizable tiltrotor operating today is the V-22 Osprey
used by the U.S. Marines and the U.S. Air Force. The V-22 Osprey was
designed for the U.S. Department of Defense Special Operations Forces
and can transport 24 fully equipped troops. The proposed civil version
of the tiltrotor would carry up to nine passengers.
The tiltrotor concept was first explored for the U.S. Army in the
mid-1950s as a convertiplane concept that incorporated mixed vertical
and forward flight capabilities. In 1958, Bell Helicopter Textron Inc.
(Bell) of Fort Worth, Texas developed the XV-3 tiltrotor for a joint
research program between the U.S. Army and the U.S. Air Force. The Bell
XV-3 completed a successful full conversion from vertical flight to
forward cruise and demonstrated the feasibility of tiltrotor
technology. Following the successful full conversion of the Bell XV-3,
the U.S. Army and National Aeronautics and Space Administration awarded
Bell a prototype development contract in the mid 1970s to build two
Bell XV-15 tiltrotor demonstrator aircraft. These tiltrotor aircraft
served as predecessors to the V-22 Osprey to demonstrate mature
tiltrotor technology and flight capabilities.
ICAO Noise Certification Standards
ICAO is the international body with responsibility for the
development of International Standards and Recommended Practices
pursuant to the Convention on International Civil Aviation (the Chicago
Convention). Consistent with their obligations under the Chicago
Convention, Contracting States agree to implement ICAO standards in
their national regulations to the extent practicable. The standards for
aircraft noise are contained in Annex 16, Environmental Protection,
Volume 1, Aircraft Noise.
In anticipation of civil tiltrotor production, ICAO's Committee on
Aviation Environmental Protection (CAEP) chartered the Tiltrotor Task
Group (TRTG) in 1997 to develop noise certification guidelines for
tiltrotors. The FAA participated in the TRTG and its development of the
tiltrotor noise guidelines from 1997 to 2000. The ICAO tiltrotor
guidelines used the same noise limits that the United States had
incorporated into part 36, Appendix H for helicopter noise
certification. The ICAO has included additional requirements that are
unique to the design of tiltrotors.
On June 29, 2001, the TRTG's guidelines were adopted by the ICAO
Council for incorporation into Annex 16, Volume 1, Chapter 13,
Attachment F (Amendment 7). The ICAO guidelines became effective on
October 29, 2001, with an applicability date of March 21, 2002.
Statement of the Problem
Current regulations in part 36 do not contain noise certification
requirements specific to the tiltrotor and its unique
[[Page 1134]]
flight capabilities. Since no standards for the tiltrotor currently
exist, the FAA is adding new standards to part 36, and amending part
21, Sec. 21.93 (Classification of Changes in Type Design) to
accommodate certification of the tiltrotor. In order to harmonize the
U.S. regulations with the international standards, this rulemaking
adopts the same noise certification standards as used in ICAO Annex 16,
Volume 1, Chapter 13, Attachment F (Amendment 7) for tiltrotors.
Type Certification Activity in the United States
As the tiltrotor concept and technology proved promising with the
production of the V-22 Osprey, Bell and Agusta (now AgustaWestland)
established a joint business venture in September 1998 to co-develop
the Bell/Agusta model BA609 civil tiltrotor.
In August 1996, Bell, the original and lead developer of the
tiltrotor, applied for a U.S. type certificate for the model BA609
tiltrotor, prior to the establishment of the joint venture. The BA609
would be type certificated as a ``special class'' of aircraft under
Sec. Sec. 21.17 and 21.21, using the applicable airworthiness
provisions of part 25 (Airworthiness Standards: Transport Category
Airplanes) and part 29 (Airworthiness Standards: Transport Category
Rotorcraft). This is the first application for this class of aircraft.
In June 2011, the contract for the joint tiltrotor program between
Bell and AgustaWestland was renegotiated, with AgustaWestland assuming
full ownership. The change in ownership resulted in the BA609
designation being renamed to the AW609, and on February 15, 2012,
AgustaWestland applied for a type certificate from the FAA.
AgustaWestland is targeting existing helicopter operators as the
primary civil market for the AW609, and has stated that the AW609 could
operate from existing heliports without the need for new infrastructure
to accommodate the aircraft.
Summary of the NPRM
The FAA published a notice of proposed rulemaking (NPRM) on June
21, 2011 (76 FR 36001) that proposed the changes to parts 21 and 36
discussed above that would establish noise certification standards for
issuing type and airworthiness certificates for the tiltrotor.
Discussion of Public Comments
The comment period for the NPRM closed on October 19, 2011. The FAA
received one comment, from AgustaWestland. AgustaWestland stated that
the proposed rule did not specify the entity that would determine the
flyover configuration in Appendix K to Part 36. AgustaWestland
recommended that the regulation specify that the applicant be the
entity that prescribes the constant flyover aircraft configuration.
The FAA agrees the regulation needs to specify what entity
prescribes the constant flyover configuration. The FAA agrees the
applicant is the proper entity, and has modified the final rule to
incorporate this change.
Differences Between the NPRM and the Final Rule
We are adopting this final rule for the reasons stated in the NPRM,
with the following changes. First, the NPRM incorrectly included
VMCP and VMO as requirements for tiltrotors. Both
VMCP and VMO are voluntary reporting parameters
for airspeeds at maximum continuous power and maximum operating limit
for airplane mode as noted in the ICAO standards. The FAA is not
requiring them in Part 36. However, the voluntary reporting of
VMCP and VMO will be recommended in an
accompanying Advisory Circular as supplemental information. The FAA is
removing VMCP and VMO representing airplane mode
from Sec. 36.1 and Appendix K in the final rule since airplane mode is
only a voluntary and supplemental condition for noise. The harshest
(maximum) noise levels are identified in helicopter mode.
Second, the labels used in the proposed Figure K.2 of Appendix K to
part 36 incorrectly describe the two sideline noise measurement points
as S(starboard) and S(port) instead of
S(sideline) for both. Since the flyover condition has a
symmetrical test set-up, the generic label assignment,
S(sideline), is used to indicate that flight from either
direction is allowable without a reference to right or left. The figure
is adopted in this final rule with the corrected labels.
Third, the NPRM included the term ``power-on'' in section K6.1(f)
of Appendix K to part 36. That terminology is outdated and is replaced
in this final rule by the term ``reference''.
Fourth, the final rule adds the phrase ``throughout the 10 dB-down
time interval.'' in sections K7.5, K7.9 and K7.10 of Appendix K of part
36 to be consistent throughout the appendix.
Fifth, based on AgustaWestland's comment discussed previously,
section K6.3(b) of Appendix K to part 36 specifies that the flyover
configuration is to be selected by the applicant.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and 13563 direct each Federal
agency to propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, this Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows,
This final rule:
(1) Imposes minimal incremental costs and provides benefits;
(2) Is not an economically ``significant regulatory action'' as
defined in section 3(f) of Executive Order 12866;
(3) Is not significant as defined in DOT's Regulatory Policies and
Procedures;
(4) Will not have a significant economic impact on a substantial
number of small entities;
(5) Will not have a significant effect on international trade; and
(6) Will not impose an unfunded mandate on state, local, or tribal
[[Page 1135]]
governments, or on the private sector by exceeding the monetary
threshold identified.
These analyses are summarized below.
No comments were received on the regulatory evaluation of the
proposed rule. However, after the NPRM was published on June 21, 2011,
there was a change in the ownership of the known civil tiltrotor
program.
When the NPRM was published, the one known civil tiltrotor
development program was jointly owned by the Bell and AgustaWestland
helicopter companies; the project was designated the BA609. In
November, 2011 AgustaWestland purchased Bell's share of the civil
tiltrotor program and changed the designation of the aircraft in
development to AW609. The former Bell Agusta Aerospace Company (BAAC)
was renamed the AgustaWestland Tilt-Rotor Company, LLC and merged with
Agusta US Incorporated to become AgustaWestland Tilt-Rotor Company
Incorporated, an American company that is the applicant for a type
certificate for the AW609. The new company is incorporated in Delaware
and is a wholly owned subsidiary of AgustaWestland that is owned by
Finmeccanica, an Italian firm.
The AgustaWestland Tilt-Rotor Company, Inc. has rented a facility
at the Arlington, Texas Municipal Airport. The facility consists of
approximately 99,000 square feet including a hangar/office building.
The company plans to construct an adjacent office building. The
facilities may be used for aircraft sales, engineering and design,
flight testing, and aircraft maintenance, and other activities when
approved by the airport.
Because of the change in ownership of the civil tiltrotor program
that occurred after the publication of the NPRM, this regulatory
evaluation has been revised to incorporate the changed circumstances.
There are currently no part 36 noise certification standards for
tiltrotors in U.S. regulations. This final rule provides part 36 noise
certification requirements for tiltrotors by adopting existing ICAO
standards. The initial regulatory evaluation estimated that these noise
requirements would be minimal cost. We asked for comments and received
none. Accordingly, we affirm our determination that these requirements
will be minimal cost. Providing U.S. tiltrotor noise certification
standards will facilitate the startup and development of a new
commercial class of aircraft, the tiltrotor, and allow for
certification in the United States as exists for other aircraft
designs. The tiltrotor aircraft type can then be marketed domestically
and internationally. The FAA believes that this could result in
substantial benefits.
The FAA used the same price/cost estimates for the NPRM and
received no comments. The FAA maintained in the NPRM that this rule was
minimal cost and we received no comments on that determination.
The total value of the estimated market equals the aircraft
purchase price multiplied by the estimated units sold. The potential
size of the tiltrotor market has been estimated using the sales
projections of the previous developer, Bell/Agusta. In the next 10
years, one model of a civil tiltrotor is expected to be available, the
AW609 (previously the BA609). This aircraft is currently in
development.
The price of a BA609 (now the AW609) was estimated to be $10 to $14
million (aircraftcompare.com, ``Bell Agusta BA609'', http://www.aircraftcompare.com/helicopter-airplane/Bell%20Agusta%20BA609%20/279). This is an increase from the original estimate of $7 million in
2000. The price of $14 million for a BA609 was used to estimate the
potential market size for tiltrotor aircraft because AgustaWestland has
not announced a purchase price for the AW609.
Bell estimated that the market would result in sales of
approximately 100 BA609s over 10 years, making the potential near-term
tiltrotor market worth a nominal $1 billion to $1.4 billion. Table 1
shows the nominal and present value estimates of the tiltrotor market.
The present value is based on a 7 percent discount rate, and a ten year
production period with 10 tiltrotors being delivered each year. The
present value of the tiltrotor market is estimated to be between
$702,000,000 and $983,000,000.
[GRAPHIC] [TIFF OMITTED] TR08JA13.005
[[Page 1136]]
Table 2 summarizes the incremental manufacturer costs for the noise
certification of a civil tiltrotor as discussed in the initial
regulatory evaluation. At that time we determined that these costs were
minimal. We received no comments on that determination and it is not
changed in the final rule.
[GRAPHIC] [TIFF OMITTED] TR08JA13.006
Issuance of a type certificate requires compliance with the
applicable noise certification requirements of part 36. Full noise
certification testing is generally required for each new aircraft type
and for certain voluntary changes to type design that are classified as
acoustical change under Sec. 21.93(b). The incremental costs recur
only when a new type certificate is issued, or when a change to a type
design results after an acoustical change is made.
Noise certification costs consist of four major items: Acoustics;
Flight Test; Aircraft; and Miscellaneous. For tiltrotors noise
certification, as for any aircraft certification, the noise
demonstration flight testing and reporting is the largest incremental
cost of the noise certification.
To meet the regulatory requirements for noise control, acoustical
measurements are used to quantify the characteristic noise levels of
the aircraft. Almost half the noise certification expense ($250,000) is
invested in the acoustics group equipment and analysis. This cost
includes overall noise test planning and coordination, noise test site
preparation and measurement set-up.
The second highest noise certification expense involves the flight
test support ($220,000). These are the expenses for configuring and
preparing the aircraft to execute the required noise flight test
procedures.
The last two noise certification expense groups are aircraft and
miscellaneous expenses. The aircraft expense ($50,000) involves costs
associated with aircraft flight time, fuel, and flight crew support.
Most other general expenses of test support are miscellaneous costs
($68,000).
The cost estimates for noise certification were provided by Bell
Helicopter Textron, the original developer of the civil tiltrotor. The
cost of noise certification for the tiltrotor is comparable to that for
a large helicopter (over 7,000 pounds). As shown in Table 2, the
estimated total incremental cost of a single noise certification is
$588,000. As the $588,000 would be incurred in the first year, the
nominal value equals the present value.
The FAA may incur costs in this certification process. However,
these costs are not expected to vary significantly from the agency's
current costs to noise certificate any other new aircraft type.
Based on the above analyses, and consistent with the determinations
made in the NPRM, this final rule is considered to be a minimal cost
rule.
Since the tiltrotor industry is still developing, the costs and
benefits discussed are based on the single existing civil tiltrotor
program. This final rule establishes the noise certification
requirements for a tiltrotor. While the estimated benefits and costs
are based on a single tiltrotor type, we have also determined that any
future designs will benefit from the established noise certification
requirements.
The present value cost of the final rule is $588,000 for the
certification of one tiltrotor type, about the same as would be
required for a traditional helicopter design. The FAA considered this
cost to be minimal in the NPRM. The FAA received no comments on this
minimal cost determination. Therefore, the FAA considers this cost to
be minimal in this final regulatory evaluation.
The FAA believes that this final rule will be cost beneficial
because it is minimal cost, and because it facilitates the development
of tiltrotor aircraft and the commercial market for them.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
businesses, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations and
small governmental jurisdictions.
[[Page 1137]]
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 RFA provides that
the head of the agency may so certify and a regulatory flexibility
analysis is not required. The certification must include a statement
providing the factual basis for this determination, and the reasoning
should be clear.
When the NPRM was published, the tiltrotor was being developed by a
joint venture of Bell Helicopter, an American company and
AgustaWestland, an Italian firm. Because an American firm was
potentially affected by the proposed rule, a Regulatory Flexibility
Analysis was prepared. No comments were received on the Regulatory
Flexibility Analysis which concluded there was no significant economic
impact on a substantial number of small entities.
After the NPRM was published, AgustaWestland, an Italian company,
bought the ownership interests of Bell Helicopter. As such, the
original BAAC was renamed and merged to become AgustaWestland Tilt-
Rotor Company Incorporated, a wholly owned subsidiary of
AgustaWestland, an Italian company. AgustaWestland is owned by
Finmeccanica, also an Italian company.
Section 601 of the RFA defines the term ``small business'' as
follows: ``The term ``small business'' has the same meaning as the term
``small business concern'' under section 3 of the Small Business Act, *
* *''
Section 3(a)(1) of the Small Business Act defines a small business
concern as follows: ``For the purposes of this Act, a small business
concern, including, but not limited to enterprises that are engaged in
the business of the production of food and fiber, ranching and raising
of livestock, aquaculture, and all other farming and agricultural
related industries, shall be deemed to be one which is independently
owned and operated and which is not dominant in its field of operation:
''
Section 3(a)(2) of the Small Business Act discusses the
establishment of size standards. The Small Business Administration
(SBA) size standard for a small entity in aircraft manufacturing is
1,500 employees.
The AgustaWestland Tilt-Rotor Company Incorporated currently
employs 12 people. While the number of employees of the AgustaWestland
Tilt Rotor Company meets the SBA employment size standard for a small
entity, the company is not a small entity as defined by the SBA because
it is not independently owned and operated. The owner of the
AgustaWestland Tilt-Rotor Company, Inc. is Finmeccanica, which has
75,733 employees, far exceeding the aircraft manufacturing size
standard of 1,500 employees.
There are no other companies which are known to be developing or
manufacturing a civil tiltrotor. Therefore, Finmeccanica (including its
subsidiaries) is the dominant company involved in the development of a
civilian tiltrotor. This final rule is expected to be minimal cost and
there are no small entities affected. Therefore, as the acting FAA
Administrator, I certify that this final rule will not have a
significant economic impact on a substantial number of small tiltrotor
manufacturers.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this final rule and
determined that it will encourage international trade by adopting the
international standards of ICAO as the basis for a rule for the noise
certification of tiltrotors.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation) in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector; such a
mandate is deemed to be a ``significant regulatory action''. The FAA
currently uses an inflation-adjusted value of $143.1 million in lieu of
$100 million. This final rule does not contain such a mandate;
therefore, the requirements of Title II do not apply.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. In 2001, ICAO
adopted tiltrotor noise guidelines. This regulation harmonizes U.S.
noise standards with the international standards by adopting the same
requirements, adapted for the U.S. regulatory format.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. This rule adopts
internationally established noise standards for a new civil, hybrid
airplane-rotorcraft known as the tiltrotor. Based on the presence of
both helicopter and propeller airplane characteristics inherit in the
tiltrotor, the noise standards use preexisting helicopter noise
certification limits and procedures. This final rule adopts these noise
limits to control the harshest (maximum) noise levels when the
tiltrotor operates in its noisiest configuration--helicopter mode. In
airplane mode, the tiltrotor is significantly quieter because of its
low RPM design in cruise mode. The FAA finds the applicability of the
noise limits adopted here as technologically and environmentally
consistent for this new class of aircraft.
The FAA has determined this rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f of the Order and
involves no extraordinary circumstances.
[[Page 1138]]
Executive Order Determinations
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.
Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under Executive Order 12866 and
DOT's Regulatory Policies and Procedures, and it is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy.
How To Obtain Additional Information
Rulemaking Documents
An electronic copy of a rulemaking document my be obtained by using
the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
Comments Submitted to the Docket
Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 21
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 36
Aircraft, Noise control.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations, as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
0
1. The authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. Amend Sec. 21.93 by adding paragraph (b)(5) to read as follows:
Sec. 21.93 Classification of changes in type design.
* * * * *
(b) * * *
(5) Tiltrotors.
* * * * *
PART 36--NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS
CERTIFICATION
0
3. The authority citation for part 36 continues to read as follows:
Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 106(g), 40113,
44701-44702, 44704, 44715; sec. 305, Pub. L. 96-193, 94 Stat. 50,
57; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902.
0
4. Amend Sec. 36.1 as follows:
0
A. Add paragraph (a)(5);
0
B. Amend paragraph (c) by removing the phrase ``or 36.11'' and adding
the phrase ``36.11 or 36.13'' in its place; and
0
C. Add paragraph (i)
The additions and revisions read as follows:
Sec. 36.1 Applicability and definitions.
* * * * *
(a) * * *
(5) Type certificates, changes to those certificates, and standard
airworthiness certificates, for tiltrotors.
* * * * *
(i) For the purpose of showing compliance with this part for
tiltrotors, the following terms have the specified meanings:
Airplane mode means a configuration with nacelles on the down stops
(axis aligned horizontally) and rotor speed set to cruise revolutions
per minute (RPM).
Airplane mode RPM means the lower range of rotor rotational speed
in RPM defined for the airplane mode cruise flight condition.
Fixed operation points mean designated nacelle angle positions
selected for airworthiness reference. These are default positions used
to refer to normal nacelle positioning operation of the aircraft. The
nacelle angle is controlled by a self-centering switch. When the
nacelle angle is 0 degrees (airplane mode) and the pilot moves the
nacelle switch upwards, the nacelles are programmed to automatically
turn to the first default position (for example, 60 degrees) where they
will stop. A second upward move of the switch will tilt the nacelle to
the second default position (for example, 75 degrees). Above the last
default position, the nacelle angle can be set to any angle up to
approximately 95 degrees by moving the switch in the up or down
direction. The number and position of the fixed operation points may
vary on different tiltrotor configurations.
Nacelle angle is defined as the angle between the rotor shaft
centerline and the longitudinal axis of the aircraft fuselage.
Tiltrotor means a class of aircraft capable of vertical take-off
and landing, within the powered-lift category, with rotors mounted at
or near the wing tips that vary in pitch from near vertical to near
horizontal configuration relative to the wing and fuselage.
Vertical takeoff and landing (VTOL) mode means the aircraft state
or configuration having the rotors orientated with the axis of rotation
in a vertical manner (i.e., nacelle angle of approximately 90 degrees)
for vertical takeoff and landing operations.
VCON is defined as the maximum authorized speed for any
nacelle angle in VTOL/Conversion mode.
VTOL/Conversion mode is all approved nacelle positions where the
[[Page 1139]]
design operating rotor speed is used for hover operations.
VTOL mode RPM means highest range of RPM that occur for takeoff,
approach, hover, and conversion conditions.
0
5. Add Sec. 36.13 to subpart A to read as follows:
Sec. 36.13 Acoustical change: Tiltrotor aircraft.
The following requirements apply to tiltrotors in any category for
which an acoustical change approval is applied for under Sec. 21.93(b)
of this chapter on or after March 11, 2013:
(a) In showing compliance with Appendix K of this part, noise
levels must be measured, evaluated, and calculated in accordance with
the applicable procedures and conditions prescribed in Appendix K of
this part.
(b) Compliance with the noise limits prescribed in section K4
(Noise Limits) of Appendix K of this part must be shown in accordance
with the applicable provisions of sections K2 (Noise Evaluation
Measure), K3 (Noise Measurement Reference Points), K6 (Noise
Certification Reference Procedures), and K7 (Test Procedures) of
Appendix K of this part.
(c) After a change in type design, tiltrotor noise levels may not
exceed the limits specified in Sec. 36.1103.
0
6. Add Subpart K of part 36 to read as follows:
Subpart K--Tiltrotors
Sec.
36.1101 Noise measurement and evaluation.
36.1103 Noise limits.
Subpart K--Tiltrotors
Sec. 36.1101 Noise measurement and evaluation.
For tiltrotors, the noise generated must be measured and evaluated
under Appendix K of this part, or under an approved equivalent
procedure.
Sec. 36.1103 Noise limits.
(a) Compliance with the maximum noise levels prescribed in Appendix
K of this part must be shown for a tiltrotor for which the application
for the issuance of a type certificate is made on or after March 11,
2013.
(b) To demonstrate compliance with this part, noise levels may not
exceed the noise limits listed in Appendix K, Section K4, Noise Limits
of this part. Appendix K of this part (or an approved equivalent
procedure) must also be used to evaluate and demonstrate compliance
with the approved test procedures, and at the applicable noise
measurement points.
0
7. Add Appendix K to part 36 to read as follows:
Appendix K to Part 36--Noise Requirements for Tiltrotors Under Subpart
K
Sec.
K1 General
K2 Noise Evaluation Measure
K3 Noise Measurement Reference Points
K4 Noise Limits
K5 Trade-offs
K6 Noise Certification Reference Procedures
K7 Test Procedures
Section K1 General
This appendix prescribes noise limits and procedures for measuring
noise and adjusting the data to standard conditions for tiltrotors as
specified in Sec. 36.1 of this part.
Section K2 Noise Evaluation Measure
The noise evaluation measure is the effective perceived noise level
in EPNdB, to be calculated in accordance with section A36.4 of Appendix
A to this part, except corrections for spectral irregularities must be
determined using the 50 Hz sound pressure level found in section
H36.201 of Appendix H to this part.
Section K3 Noise Measurement Reference Points
The following noise reference points must be used when
demonstrating tiltrotor compliance with section K6 (Noise Certification
Reference Procedures) and section K7 (Test Procedures) of this
appendix:
(a) Takeoff reference noise measurement points--
As shown in Figure K1 below:
(1) The centerline noise measurement flight path reference point,
designated A, is located on the ground vertically below the reference
takeoff flight path. The measurement point is located 1,640 feet (500
m) in the horizontal direction of flight from the point Cr where
transition to climbing flight is initiated, as described in section
K6.2 of this appendix;
(2) Two sideline noise measurement points, designated as
S(starboard) and S(port), are located on the ground perpendicular to
and symmetrically stationed at 492 feet (150 m) on each side of the
takeoff reference flight path. The measurement points bisect the
centerline flight path reference point A.
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(b) Flyover reference noise measurement points--
As shown in Figure K2 below:
(1) The centerline noise measurement flight path reference point,
designated A, is located on the ground 492 feet (150 m) vertically
below the reference flyover flight path. The measurement point is
defined by the flyover reference procedure in section K6.3 of this
appendix;
[GRAPHIC] [TIFF OMITTED] TR08JA13.008
[[Page 1141]]
(2) Two sideline noise measurement points, designated as
S(sideline), are located on the ground perpendicular to and
symmetrically stationed at 492 feet (150 m) on each side of the flyover
reference flight path. The measurement points bisect the centerline
flight path reference point A.
(c) Approach reference noise measurement points--
As shown in Figure K3 below:
(1) The centerline noise measurement flight path reference point,
designated A, is located on the ground 394 feet (120 m) vertically
below the reference approach flight path. The measurement point is
defined by the approach reference procedure in section K6.4 of this
appendix. On level ground, the measurement point corresponds to a
position 3,740 feet (1,140 m) from the intersection of the 6.0 degree
approach path with the ground plane;
(2) Two sideline noise measurement points, designated as
S(starboard) and S(port), are located on the ground perpendicular to
and symmetrically stationed at 492 feet (150 m) on each side of the
approach reference flight path. The measurement points bisect the
centerline flight path reference point A.
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Section K4 Noise Limits
For a tiltrotor, the maximum noise levels, as determined in
accordance with the noise evaluation in EPNdB and calculation method
described in section H36.201 of Appendix H of this part, must not
exceed the noise limits as follows:
(a) At the takeoff flight path reference point: For a tiltrotor
having a maximum certificated takeoff weight (mass) of 176,370 pounds
(80,000 kg) or more, in VTOL/Conversion mode, 109 EPNdB, decreasing
linearly with the logarithm of the tiltrotor weight (mass) at a rate of
3.0 EPNdB per halving of weight (mass) down to 89 EPNdB, after which
the limit is constant. Figure K4 illustrates the takeoff noise limit as
a solid line.
(b) At the Flyover path reference point: For a tiltrotor having a
maximum certificated takeoff weight (mass) of 176,370 pounds (80,000
kg) or more, in VTOL/Conversion mode, 108 EPNdB, decreasing linearly
with the logarithm of the tiltrotor weight (mass) at a rate of 3.0
EPNdB per halving of weight (mass) down to 88 EPNdB, after which the
limit is constant. Figure K4 illustrates the flyover noise limit as a
dashed line.
(c) At the approach flight path reference point: For a tiltrotor
having a maximum certificated takeoff weight (mass) of 176,370 pounds
(80,000 kg) or more, in VTOL/Conversion mode, 110 EPNdB, decreasing
linearly with the logarithm of the tiltrotors weight (mass) at a rate
of 3.0 EPNdB per halving of weight (mass) down to 90 EPNdB, after which
the limit is constant. Figure K4 illustrates the approach noise limit
as a dash-dot line.
[[Page 1142]]
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Section K5 Trade-Offs
If the noise evaluation measurement exceeds the noise limits
described in K4 of this appendix at one or two measurement points:
(a) The sum of excesses must not be greater than 4 EPNdB;
(b) The excess at any single point must not be greater than 3
EPNdB; and
(c) Any excess must be offset by the remaining noise margin at the
other point or points.
Section K6 Noise Certification Reference Procedures
K6.1 General Conditions
(a) [Reserved]
(b) [Reserved]
(c) The takeoff, flyover and approach reference procedures must be
established in accordance with sections K6.2, K6.3 and K6.4 of this
appendix, except as specified in section K6.1(d) of this appendix.
(d) If the design characteristics of the tiltrotor prevent test
flights from being conducted in accordance with section K6.2, K6.3 or
K6.4 of this appendix, the applicant must revise the test procedures
and resubmit the procedures for approval.
(e) The following reference atmospheric conditions must be used to
establish the reference procedures:
(1) Sea level atmospheric pressure of 2,116 pounds per square foot
(1,013.25 hPa);
(2) Ambient air temperature of 77[emsp14][deg]Fahrenheit (25 [deg]
Celsius, i.e. ISA + 10 [deg]C);
(3) Relative humidity of 70 percent; and
(4) Zero wind.
(f) For tests conducted in accordance with sections K6.2, K6.3, and
K6.4 of this appendix, use the maximum normal operating RPM
corresponding to the airworthiness limit imposed by the manufacturer.
For configurations for which the rotor speed automatically links with
the flight condition, use the maximum normal operating rotor speed
corresponding with the reference flight condition. For configurations
for which the rotor speed can change by pilot action, use the highest
normal rotor speed specified in the flight manual limitation section
for the reference conditions.
K6.2 Takeoff Reference Procedure. The takeoff reference flight
procedure is as follows:
(a) A constant takeoff configuration must be maintained, including
the nacelle angle selected by the applicant;
(b) The tiltrotor power must be stabilized at the maximum takeoff
power corresponding to the minimum
[[Page 1143]]
installed engine(s) specification power available for the reference
ambient conditions or gearbox torque limit, whichever is lower. The
tiltrotor power must also be stabilized along a path starting from a
point located 1,640 feet (500 m) before the flight path reference
point, at 65 ft (20 m) above ground level;
(c) The nacelle angle and the corresponding best rate of climb
speed, or the lowest approved speed for the climb after takeoff,
whichever is the greater, must be maintained throughout the takeoff
reference procedure;
(d) The rotor speed must be stabilized at the maximum normal
operating RPM certificated for takeoff;
(e) The weight (mass) of the tiltrotors must be the maximum takeoff
weight (mass) as requested for noise certification; and
(f) The reference takeoff flight profile is a straight line segment
inclined from the starting point 1,640 feet (500 m) before to the
center noise measurement point and 65 ft (20 m) above ground level at
an angle defined by best rate of climb and the speed corresponding to
the selected nacelle angle and for minimum specification engine
performance.
K6.3 Flyover Reference Procedure. The flyover reference flight
procedure is as follows:
(a) The tiltrotor must be stabilized for level flight along the
centerline flyover flight path and over the noise measurement reference
point at an altitude of 492 ft (150 m) above ground level;
(b) A constant flyover configuration selected by the applicant must
be maintained;
(c) The weight (mass) of the tiltrotor must be the maximum takeoff
weight (mass) as requested for noise certification;
(d) In the VTOL/Conversion mode:
(1) The nacelle angle must be at the authorized fixed operation
point that is closest to the shallow nacelle angle certificated for
zero airspeed;
(2) The airspeed must be 0.9VCON and
(3) The rotor speed must be stabilized at the maximum normal
operating RPM certificated for level flight.
K6.4 Approach Reference Procedure. The approach reference procedure
is as follows:
(a) The tiltrotor must be stabilized to follow a 6.0 degree
approach path;
(b) An approved airworthiness configuration in which maximum noise
occurs must be maintained;
(1) An airspeed equal to the best rate of climb speed corresponding
to the nacelle angle, or the lowest approved airspeed for the approach,
whichever is greater, must be stabilized and maintained; and
(2) The tiltrotor power during the approach must be stabilized over
the flight path reference point, and continue as if landing;
(c) The rotor speed must be stabilized at the maximum normal
operating RPM certificated for approach;
(d) The constant approach configuration used in airworthiness
certification tests, with the landing gear extended, must be
maintained; and
(e) The weight (mass) of the tiltrotor at landing must be the
maximum landing weight (mass) as requested for noise certification.
Section K7 Test Procedures
K7.1 [Reserved]
K7.2 The test procedures and noise measurements must be conducted
and processed to yield the noise evaluation measure designated in
section K2 of this appendix.
K7.3 If either the test conditions or test procedures do not comply
to the applicable noise certification reference conditions or
procedures prescribed by this part, the applicant must apply the
correction methods described in section H36.205 of Appendix H of this
part to the acoustic test data measured.
K7.4 Adjustments for differences between test and reference flight
procedures must not exceed:
(a) For takeoff: 4.0 EPNdB, of which the arithmetic sum of delta 1
and the term -7.5 log (QK/QrKr) from delta 2 must not in total exceed
2.0 EPNdB;
(b) For flyover or approach: 2.0 EPNdB.
K7.5 The average rotor RPM must not vary from the normal maximum
operating RPM by more than 1.0 percent throughout the 10
dB-down time interval.
K7.6 The tiltrotor airspeed must not vary from the reference
airspeed appropriate to the flight demonstration by more than 5 kts (9 km/h) throughout the 10 dB-down time
interval.
K7.7 The number of level flyovers made with a head wind component
must be equal to the number of level flyovers made with a tail wind
component.
K7.8 The tiltrotor must operate between 10 degrees from
the vertical or between 65 feet (20 m) lateral
deviation tolerance, whichever is greater, above the reference track
and throughout the 10 dB-down time interval.
K7.9 The tiltrotor altitude must not vary during each flyover by
more than 30 ft (9 m) from the reference
altitude throughout the 10 dB-down time interval.
K7.10 During the approach procedure, the tiltrotor must establish a
stabilized constant speed approach and fly between approach angles of
5.5 degrees and 6.5 degrees throughout the 10 dB-down time interval.
K7.11 During all test procedures, the tiltrotor weight (mass) must
not be less than 90 percent and not more than 105 percent of the
maximum certificated weight (mass). For each of the test procedures,
complete at least one test at or above this maximum certificated weight
(mass).
K7.12 A tiltrotor capable of carrying external loads or external
equipment must be noise certificated without such loads or equipment
fitted
K7.13 The value of VCON used for noise certification
must be included in the approved Flight Manual.
Issued in Washington, DC, on December 21, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2013-00111 Filed 1-7-13; 8:45 am]
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