[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50885-50886]
[FR Doc No: 2021-19686]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0008]

Blood Products Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Blood Products
Advisory Committee. The general function of the committee is to provide
advice and recommendations to the Agency on FDA's regulatory issues.
Members will participate via teleconference. At least one portion of
the meeting will be closed to the public.

DATES: The meeting will be held on November 4, 2021, from 9:30 a.m. to
5:20 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. The online web
conference meeting will be available at the following link on the day
of the meeting: https://youtu.be/2Xz4YzkwNDs.

FOR FURTHER INFORMATION CONTACT: Christina Vert or Joanne Lipkind,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 6268, Silver
Spring, MD 20993-0002,<PHONE_NUMBER><EMAIL_ADDRESS>or
240-402-8106<EMAIL_ADDRESS>respectively, or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's website
at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down
to the appropriate advisory committee meeting link, or call the
advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On November
4, 2021, for Topic I, the committee will meet in open session to hear
an overview of the research programs of the Plasma Derivatives Branch,
Division of Plasma Protein Therapeutics, Office of Tissues and Advanced
Therapies, Center for Biologics Evaluation and Research (CBER). For
Topic II, the committee will meet in open session to hear an overview
of the research programs of the Laboratory of Cellular Hematology,
Division of Blood Components and Devices, Office of Blood Research and
Review (OBRR), CBER. For Topic III, the committee will meet in open
session to hear an overview of the research programs of the Laboratory
of Emerging Pathogens, Division of Emerging & Transfusion Transmitted
Diseases, OBRR, CBER. After the open sessions, the meeting will be
closed to the public for committee deliberations.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is

available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: On November 4, 2021, the meeting is open to the public,
from 9:30 a.m. to 11:30 a.m. for Topic I; 12:50 p.m. to 2:10 p.m. for
Topic II; and 3:10 p.m. to 4:30 p.m. for Topic III. Interested persons
may present data, information, or views, orally or in writing, on
issues pending before the committee. Written submissions may be
submitted to the contact person on or before October 28, 2021. Oral
presentations from the public will be scheduled between approximately
11:10 a.m. and 11:30 a.m. for Topic I; 1:50 p.m. and 2:10 p.m. for
Topic II; and 4:10 p.m. and 4:30 p.m. for Topic III. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before October 20, 2021.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by October 21, 2021.
    Closed Committee Deliberations: On November 4, 2021, from 11:30
a.m. to 12:20 p.m. for Topic I; 2:10 p.m. to 3 p.m. for Topic II; and
4:30 p.m. to 5:20 p.m. for Topic III, the meeting will be closed to
permit discussion where disclosure would constitute a clearly
unwarranted invasion of personal privacy (5 U.S.C. 552b(c)(6)). The
recommendations of the advisory committee regarding the progress of the
individual investigator's research programs along with other
information, will be discussed during this session. We believe that
public discussion of these recommendations on individual scientists
would constitute an unwarranted invasion of personal privacy.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Christina Vert<EMAIL_ADDRESS>at least 7 days in advance of
the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/advisory-committees/about-advisory-committees/public-conduct-during-fda-advisory-committee-meetings for procedures on public conduct during
advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 3, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-19686 Filed 9-10-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Page 38327]
[FR Doc No: 2018-16722]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83750; File No. SR-CboeBZX-2018-010]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Withdrawal of a Proposed Rule Change To Adopt BZX Rule 14.11(k) To
Permit the Listing and Trading of Managed Portfolio Shares and To List
and Trade Shares of the ClearBridge Appreciation ETF, ClearBridge Large
Cap ETF, ClearBridge Mid Cap Growth ETF, ClearBridge Select ETF, and
ClearBridge All Cap Value ETF

July 31, 2018.
    On February 5, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to adopt BZX Rule 14.11(k) to
permit the listing and trading of Managed Portfolio Shares, and to list
and trade shares of the ClearBridge Appreciation ETF, ClearBridge Large
Cap ETF, ClearBridge Mid Cap Growth ETF, ClearBridge Select ETF, and
ClearBridge All Cap Value ETF under proposed BZX Rule 14.11(k). The
proposed rule change was published for comment in the Federal Register
on February 20, 2018.\3\ On April 3, 2018, pursuant to Section 19(b)(2)
of the Exchange Act,\4\ the Commission designated a longer period
within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On May 21, 2018, the Commission
instituted proceedings under Section 19(b)(2)(B) of the Exchange Act
\6\ to determine whether to approve or disapprove the proposed rule
change.\7\ The Commission has received four comment letters on the
proposed rule change.\8\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82705 (February 13,
2018), 83 FR 7256.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82984, 83 FR 15181
(April 9, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 83293, 83 FR 24367
(May 25, 2018).
    \8\ See letters to Brent J. Fields, Secretary, Commission, from:
(1) Todd J. Broms, Chief Executive Officer, Broms & Company LLC,
dated March 13, 2018; (2) Simon P. Goulet, Co-Founder, Blue Tractor
Group, LLC, dated March 19, 2018; (3) Terence W. Norman, Founder,
Blue Tractor Group, LLC, dated March 20, 2018; and (4) Terence W.
Norman, Founder, Blue Tractor Group, LLC, dated May 8, 2018. The
comment letters are available at https://www.sec.gov/comments/sr-cboebzx-2018-010/cboebzx2018010.htm.
---------------------------------------------------------------------------

    On July 27, 2018, the Exchange withdrew the proposed rule change
(SR-CboeBZX-2018-010).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-16722 Filed 8-3-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Page 16200]
[FR Doc No: 2018-07799]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0520; EPA-R06-OAR-2018-0129; FRL-9976-64--Region 6]

Louisiana; Regional Haze State Implementation Plan; Petition for
Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of action denying petition for reconsideration.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of its response to a petition for reconsideration of a rule published
in the Federal Register on December 21, 2017 addressing Clean Air Act
regional haze planning requirements for the State of Louisiana. The
petition, submitted on February 20, 2018, on behalf of the Sierra Club
and the National Parks Conservation Association (NPCA) asked EPA to
reconsider its final action which determined that Louisiana has
satisfied the Clean Air Act's reasonable progress and long-term
strategy requirements. EPA has denied the petition by action signed
April 9, 2018, for reasons that EPA explains in the document denying
the petition.

DATES: Petitions for review must be filed by June 15, 2018.

ADDRESSES: The EPA has established dockets for this action under Docket
ID No. EPA-R06-OAR-2016-0520 for non-electric generating units and
Docket ID No. EPA-R06-OAR-2017-0129 for electric generating units
(EGUs). All documents in the dockets are listed on the http://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733.

FOR FURTHER INFORMATION CONTACT: Jennifer Huser,
[email protected],<PHONE_NUMBER> or Adaobi Nwankwo,
[email protected],<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This action pertains to facilities in
Louisiana, and is not based on a determination of nationwide scope or
effect. Thus, under section 307(b)(1) of the Clean Air Act, any
petitions for review of EPA's action denying the Sierra Club and the
NPCA petition for reconsideration must be filed in the Court of Appeals
for the Fifth Circuit on or before June 15, 2018.

    Dated: April 9, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-07799 Filed 4-13-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Notices]
[Page 22202-22203]
[DOCID:fr12my09-79]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0084; Notice 1]

American Honda Motor Co., Inc., Receipt of Petition for Decision
of Inconsequential Noncompliance

    American Honda Motor Co., Inc. (Honda) has determined that certain
2008 and 2009 model year Honda Civic Si model passenger cars when
equipped with dealer accessory 18-inch diameter wheels do not fully
comply with paragraph S4.2(a) of 49 CFR 571.138, Federal Motor Vehicle
Safety Standard (FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Honda has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Honda's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    The exact number of vehicles involved is not known. However, a
total of approximately 952 wheels, or 238 complete wheel sets, were
sold to Honda dealerships by Honda between July 2006 and September
2008. These wheel sets were sold with a replacement tire pressure
placard in accordance with FMVSS No. 110, indicating a tire inflation
pressure of 250 kPa (36 PSI) for 215/40RZ18 tires having a load
capacity rating of 85Y.
    Paragraph S4.2(a) of FMVSS No. 138 requires in pertinent part:

    S4.2 TPMS detection requirements. The tire pressure monitoring
system must:
    (a) Illuminate a low tire pressure warning telltale not more
than 20 minutes after the inflation pressure in one or more of the
vehicle's tires, up to a total of four tires, is equal to or less
than either the pressure 25 percent below the vehicle manufacturer's
recommended cold inflation pressure, or the pressure specified in
the 3rd column of Table 1 of this standard for the corresponding
type of tire, whichever is higher * * *

    In its petition, Honda explained that after the beginning of retail
sales of 2009 model year Honda Civic Si models it discovered that the
recommended electronic method of updating the TPMS settings to
accommodate proper installation of the subject optional wheel sets
would incorrectly inform technicians that the adjustments had been
completed successfully. The result is that the TPMS warning threshold
remains at the standard setting for the original equipment 17-inch
wheels of not less than 175 kPa (25 PSI) for the standard recommended
tire pressure of 230 kPa (33 PSI). The minimum allowable TPMS threshold
for the 18-inch accessory wheels should be 190 kPa (27 PSI), based on
the recommended pressure of 250 kPa (36 PSI) as indicated on the
replacement tire pressure placard. As a result, the low tire pressure
warning telltale required by S4.2(a) will not illuminate at the 27 PSI
minimum allowable TPMS threshold necessitated by installation of the
dealer accessory wheels and tires.
    Honda explained that the load capacity for each of the 215/40RZ18
85Y tires is 500 kilograms (1,100 lbs) at 230 kPa (33 PSI), calculated
using the Japan Automotive Tyre Manufacturer's Association (JATMA)
method, as recognized by NHTSA in FMVSS No. 110. The maximum allowable
load according to the Gross Axle Weight Ratings (GAWR) for a 2008 or
2009 Civic Si is 477 kilograms (1,050 lbs) for each front tire and 425
kilograms (938 lbs) for each rear tire, well within the load capacity
specified by JATMA. Honda therefore expressed its belief that this
noncompliance is inconsequential to motor vehicle safety because at the
25 PSI TPMS threshold, adequate load capacity remains for the 215/
40RZ18 58Y tires when mounted on the subject replacement rims on these
vehicles.
    In summation, Honda states that it believes that the noncompliances
are inconsequential to motor vehicle safety and that no corrective
action is warranted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments
received into any of our 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.). DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).
    You may view documents submitted to a docket at the address and
times given above. You may also view the documents on the Internet at
http://www.regulations.gov by following the online instructions for
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: June 11, 2009.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).

    Issued on: May 6, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-11021 Filed 5-11-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Notices]
[Pages 71922-71923]
[FR Doc No: 2020-25019]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2019-N-3065; FDA-2016-N-4620; FDA-2019-N-6063; FDA-
2017-N-1066; FDA-2018-N-3065; FDA-2008-N-0424; and FDA-2019-N-5711]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at
https://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved by OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Required Warnings for Cigarette Packages       0910-0877      04/30/2023
 and Advertisements.....................
Medical Devices; Reports of Corrections        0910-0359      10/31/2023
 and Removals...........................
Customer/Partner Service Surveys........       0910-0360      10/31/2023
Annual Reporting for Custom Device             0910-0767      10/31/2023
 Exemption..............................
Human Drug Compounding Under Sections          0910-0800      10/31/2023
 503A and 503B of the Federal Food,
 Drug, and Cosmetic Act.................
Postmarketing Safety Reporting for             0910-0834      10/31/2023
 Combination Products...................
Importation of Prescription Drugs.......       0910-0888      10/31/2023
------------------------------------------------------------------------

    Dated: November 5, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-25019 Filed 11-10-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46123-46132]
[FR Doc No: 2017-21092]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 36 and 91

[Docket No.: FAA-2015-3782; Amdt. Nos. 36-31; 91-349]
RIN 2120-AK52

Stage 5 Airplane Noise Standards

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new noise standard for certain newly
certificated subsonic jet airplanes and subsonic transport category
large airplanes. This noise standard, known as Stage 5, applies to any
person submitting an application for a new airplane type design with a
maximum certificated takeoff weight of 121,254 pounds (55,000 kg) or
more on or after December 31, 2017; or with maximum certificated
takeoff weight of less than 121,254 pounds (55,000 kg) on or after
December 31, 2020. This change will set a lower noise limit for newly
certificated airplanes and harmonize the noise certification standards
for those airplanes certificated in the United States with those
certificated under international standards.

DATES: This rule is effective November 3, 2017. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of November 3, 2017.

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: Mehmet Marsan, Office of Environment
and Energy, AEE-100, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
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 stricter noise limits for certain newly certificated
airplanes. Applicants for type certificates and changes in type design
made after the dates in this rulemaking will be required to comply with
the new regulation.

I. Overview of Final Rule

    This rulemaking adopts a new noise standard for newly certificated
subsonic jet airplanes and subsonic transport category large airplanes.
By lowering the noise limit, this standard requires quieter designs and
encourages manufacturers to adopt the latest available noise reduction
technology into their aircraft designs. This rulemaking adopts new
noise certification standards for airplanes certificated in the United
States (known as Stage 5) that are equivalent to the International
Civil Aviation Organization (ICAO) Annex 16, Volume I standard known as
Chapter 14.

II. Background

    In a Notice of Proposed Rulemaking (NPRM) titled Stage 5 Airplane
Noise Standards, the FAA proposed a new noise standard for certain
aircraft to (81 FR 1923, January 14, 2016). A brief history of the
FAA's regulation of aircraft noise since 1969 was presented in the
preamble to that NPRM.
    The new Stage 5 noise standard applies to any person submitting an
application for a new airplane type design that has a maximum
certificated takeoff weight (MTOW) of 121,254 pounds (maximum
certificated takeoff mass (MTOM) 55,000 kg) or more on or after
December 31, 2017; or that has a MTOW of less than 121,254 pounds (MTOM
less than 55,000 kg) on or after December 31, 2020. This change reduces
the noise that may be produced by newly certificated airplanes and
harmonizes the noise certification standards for airplanes certificated
in the United States with the standard adopted by the International
Civil Aviation Organization in Annex 16, Volume 1 Chapter 14, effective
July 14, 2014.
    Much of the development of a Stage 5 noise standard took place in
the international arena through ICAO. The Committee on Aviation
Environmental Protection (CAEP) is a technical committee of the ICAO
Council. The CAEP assists the Council specifically in formulating new
policies and adopting new standards for aircraft noise and emissions,
and more generally on matters of the environmental impacts of aviation.
The development of ICAO standards follows a structured, transparent and
multi-staged process involving a number of technical and non-technical
working groups. These working groups are either part of the ICAO or
closely associated with it. The activities of the CAEP working groups
are guided by the CAEP Steering Group as their oversight committee.
    The United States is an active member in CAEP, and has at least one
member on each of the five working groups of CAEP. These working groups
are named for their focus areas: WG1 for Noise, WG2 for Airports and
Operations, WG3 for Emissions, MDG for Modeling and Databases, and FESG
for Forecast Economic Analysis Support.
    In 2010, the CAEP Working Group for Noise (WG1) was tasked to
develop options that would further reduce permissible airplane noise
levels. The group met several times over the following two years.
Representatives from WG3, the MDG, and the FESG participated in the WG1
meetings to become familiar with the noise stringency options that
would be considered when future noise standards were set, and to assist
WG1 in setting up databases for comparing the options for costs and
benefits.
    In coordination with the other participating working groups, WG1
chose five options for reduced noise limits that were more stringent
than Chapter 4. The group noted that the stringencies of earlier
Chapter 2 and

Chapter 3 standards could be described as based on the ``traditional''
concept of specified reductions at each noise certification measurement
point (flyover, lateral, and approach). Chapter 4, however, had adopted
a ``cumulative margin'' concept under which reduction was expressed as
a total and could be spread across the three measurement points as
chosen by an applicant. The stringency options presented to CAEP for
analysis continued to be based on the ``cumulative margin'' concept of
Chapter 4. The options analyzed were cumulatively 3, 5, 7, 9, and 11
decibels lower than Chapter 4 levels. As the lead technical working
group, WG1 prepared the results for the 2014 CAEP meeting. In reaching
a recommendation for a new noise standard for subsonic jet and large
transport airplanes, the CAEP considered estimates of comprehensive
costs and benefits associated with the five options.
    The activities of the working groups were overseen by the CAEP
Steering Group. The Steering Group met in July 2012 to review the
results of the analyses prepared by the working groups in order to
formulate specific recommendations on the new standard, and on
applicability options that were forwarded to the full CAEP.
    In February 2013, the comprehensive costs and benefits analyses for
the five stringency options that were prepared by the working groups,
as well as a parallel analysis of the same five options prepared by the
United States, were presented at the ninth meeting of CAEP (CAEP9).
After lengthy discussion, the CAEP9 agreed to an increase in stringency
of 7 EPNdB \1\ (cumulative) relative to Chapter 4 levels. The new
standard, known as Chapter 14,\2\ introduced a condition in addition to
the cumulative stringency requirement, one that requires a margin of
not less than 1.0 dB below Chapter 3 \3\ limits at each certification
point.
---------------------------------------------------------------------------

    \1\ Effective Perceived Noise Level in decibels as described in
ICAO Annex 16, Volume 1, Appendix 2, Section 4 or section A36.4.1 of
appendix A to part 36.
    \2\ The ICAO publishes its aircraft noise standards in the
Standards and Recommended Practices of Annex 16, Volume 1. Each new
ICAO standard is published as a new chapter, and the chapter number
becomes the shorthand designation of the new stringency. In the
United States, the adoption of a new standard in 14 CFR part 36 is
identified as the next `Stage' number in sequence. Using this
system, the U.S. and ICAO stringency levels tracked each other
numerically, e.g., Stage 3 was the equivalent of Chapter 3, and
Stage 4 was the equivalent of Chapter 4. However, ICAO had already
used Chapter 5 for a different standard, and the next number
available was Chapter 14. Accordingly, while these noise stringency
standards are known as Chapter 14 by ICAO, they are being adopted in
the United States as Stage 5.
    \3\ As discussed, while Chapter 4 increased stringency, it did
not contain a requirement for a minimum reduction at any of the
measurement points; the gains could have been at one, two or all
three points. Chapter 14 includes a minimum reduction of 1dB at each
point (7dB overall), but since it was not a requirement in Chapter
4, the base level for decrease is referenced at Chapter 3 levels.
---------------------------------------------------------------------------

    Similar to Chapter 4 requirements, the noise margins for Chapter 14
are calculated by subtracting the measured noise levels at the three
microphone locations from the three corresponding noise limits in
Chapter 3. However, Chapter 14 includes a mandatory minimum reduction
in the noise limits applicable to subsonic jet airplanes with MTOM less
than 8,618 kg (MTOW 19,000 pounds). Figure 1 is a graphical
representation of the reduction of noise limits at MTOM lower than
8,618 kg for each of the three measurement points. The figure includes
the modified Chapter 3 noise limits that use the same gradient of the
limit line at lower masses as the higher masses, and transitions to a
flat limit line for airplanes with MTOM less than 2,000kg (MTOW 4,409
pounds). This figure is not included in the regulation since the actual
limits are calculated based on the MTOM of the aircraft at
certification. This figure is an illustration of how the noise limits
compare for airplanes of different weights under Chapter 14.

[GRAPHIC] [TIFF OMITTED] TR04OC17.009

    In March 2014, the 201st Session of the ICAO Council adopted the
Chapter 14 noise standards for new airplane type designs. Chapter 14
will apply to new type certificates for airplanes with an MTOM of
55,000 kg (MTOW of 121,254 pounds) or more for which applications are
submitted on and after December 31, 2017. For airplanes with an MTOM of
less than 55,000 kg (MTOW less than 121,254 pounds) the limits apply to
certification applications submitted on and after December 31, 2020.
    It was noted in the NPRM, and restated for emphasis here, that the
adoption of the Stage 5 noise standard for new airplane type designs
does not signal the start of any action by the FAA to change the
current operational noise limits for any aircraft in the United States.
The current U.S. operating rules require that jet aircraft meet at
least Stage 3 noise limits (see 14 CFR 91.853 and 91.881). The current
noise limit applicable to new type designs is Stage 4 (see Sec.
36.103(c)). The adoption of the Stage 5 noise standard for new airplane
type designs does not affect either of these requirements. Changes to
the noise operating rules in the United States would be subject to full
notice and comment rulemaking procedures, and have not been proposed.
The adoption of Stage 5 does not affect either the operation of the
current U.S. fleet or new type designs submitted before the applicable
compliance date for Stage 5.

A. Summary of the NPRM

    On January 14, 2016, the FAA proposed a new noise standard for
certain subsonic jet airplanes and subsonic transport category large
airplanes, to be known as Stage 5. As proposed, the new certification
standard would apply to any person submitting an application for a new
airplane type design that has an MTOW of 121,254 pounds (MTOM 55,000
kg) or more on and after December 31, 2017; or with an MTOW of less
than 121,254 pounds (MTOM 55,000 kg) on and after December 31, 2020.
The change is intended to reduce the noise produced by new airplanes
and harmonize the noise certification standards for those airplanes
certificated in the United States with the new Chapter 14 ICAO noise
standard that was effective July 14, 2014. Failure to harmonize the
standards could result in a certification applicant having to show
compliance with two different standards, unnecessarily adding to the
cost of noise certification without any benefit.
    The proposed rule also included a change to appendix B to part 36,
section B36.1(b), which allows the use of Annex 16 standards as an
alternative for noise testing. The FAA found that the regulation
adopted in 2005 inadvertently omitted the phrase ``to paragraph (a) of
this section'' to designate what the Annex was an alternative to. This
phrase is added into section B36.1(b) in this rule so that paragraph
(b) and the new paragraph (c) (the alternative for Stage 5) will read
the same.
    The NPRM invited interested persons to participate in the
rulemaking by submitting written comments, data, or views. It also
invited comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in the
NPRM.

B. Response to Comments

    The FAA received seven comments in response to the NPRM. Two
commenters supported the rule as proposed, four suggested changes to
the rule, and one identified a typographical error in the NPRM.

    The Boeing Company and Airlines for America (A4A), an association
of U.S. air carriers, supported all aspects of the proposal, with A4A
including extensive comments supporting the process of working with
ICAO in setting noise standards.
    Two organizations, the Los Angeles International Airport/Community
Roundtable (Roundtable) and the City of Culver City, California
requested that the FAA include a phaseout of existing Stage 3 airplanes
as part of the adoption of the new Stage 5 noise standards. The
Roundtable is a voluntary organization with members from civil
associations and government that work to identify and mitigate noise
issues that affect the residential communities surrounding Los Angeles
International Airport (LAX). Culver City is a municipality in close
proximity to LAX.
    Culver City considered the lack of a phaseout for Stage 3 airplanes
a notable omission from the NPRM, stating that the Airport Noise and
Capacity Act of 1990 (ANCA) mandated the implementation of Stage 3
technology by the end of 1999 along with the phase-out of all Stage 2
aircraft over 75,000 pounds. Culver City requested that the FAA
promulgate a staged phaseout of Stage 3 aircraft beginning
contemporaneously with the implementation of Stage 5 regulations.
    The Roundtable requested the same action as Culver City, stating
that a phaseout would reduce aircraft noise in a shorter time frame.
    The FAA considers the requests to initiate a phaseout of Stage 3
jet aircraft to be beyond the scope of the proposed rule. The NPRM
indicated that the proposed certification action was not to be
considered a harbinger of a new operational standard. The previous
eliminations of Stage 2 jet operations in the contiguous United States
were required under two separate statutory provisions by Congress. For
larger jets, the phaseout and ultimate prohibition on operation were
mandated in ANCA. For jets under 75,000 pounds, Congress mandated a
cessation of operations as of January 1, 2015; that statutory ban did
not include a phaseout nor did it require any action by the FAA other
than to enforce the operational prohibition. The NPRM noted for this
rule that the proposal was limited to the adoption of a Stage 5
certification standard, in part to harmonize domestic U.S.
certification standards with those of ICAO. These certification actions
are sequential, reflect advances in technology, and serve to prevent
backsliding by manufacturers. An operational phaseout, such as the one
that took place in the 1990's following Congressional direction, is a
significant undertaking affecting a different segment of the aviation
industry. The ANCA phaseout had no effect on the noise certification
basis of airplanes--Stage 3 had been adopted as the noise certification
standard effective in 1975 (see Sec.  36.106(b)) and was the standard
included by Congress in the 1990 statute. The comments suggesting a new
phaseout of Stage 3 jets did not address the significant differences
between certification changes and operational restrictions, the length
of time any suggested phaseout should take, nor did they present any
indication of the significant costs and benefits that would necessarily
form the basis of such an action. The proposed Stage 5 rule does not
provide any basis to attach an operational restriction, and none is
included in the final rule.
    An individual commenter suggested five changes to the proposed
rule. First, the commenter suggested that section B36.6 of appendix B
to part 36 specify that noise tradeoffs are available only for Stage 1,
2 and 3 airplanes. The FAA disagrees in part. For a Stage 1 airplane,
tradeoffs would be available only after recertification to Stage 2 (or
higher) noise levels; there were no noise levels established for Stage
1 airplanes from which there could be tradeoffs. While the FAA agrees
that the notation might be a helpful clarification for Stage 2 and 3
airplanes, the suggestion is outside the scope of the changes proposed
in the NPRM. The FAA will keep note of the comment as a suggested
change for any future cleanup rule for part 36.
    The second suggestion, which was also made by an anonymous
commenter, stated that regardless of the applicable noise stringency
level, part 36 should specify the latest versions of referenced
documents instead of one or more earlier versions.
    The FAA disagrees. There are legal requirements attached to the use
of non-FAA standards such as ICAO Annex 16. These requirements for
Incorporation by Reference (IBR) allow for a specific document to be
incorporated, and it must be submitted at the time IBR is requested. It
must be identifiable, dated, and meet a certain level of availability.
This ensures that a standard can be referenced as complete at the time
a regulation is adopted. The IBR rules of the Office of the Federal
Register do not allow for a nebulous ``current version'' to be
referenced, since it would then depend on the time a person read a
regulation and would present a shifting requirement. Changes to
standards based on incorporated documents, such as a later version, can
only be made by rulemaking. While this final rule makes changes to the
IBR section of part 36 as discussed in the following section, no
changes have been made to the final rule based on this comment. Persons
interested in how IBR works can learn more by consulting the Office of
the Federal Register's handbook that explains the process at https://www.archives.gov/federal-register/write/handbook.
    The third suggestion by the individual commenter is to remove the
proposed requirement in Sec.  36.106 to include a Chapter 14
equivalency statement in an Airplane Flight Manual (AFM). The comment
did not include any justification for this suggested change, nor state
any reason it is inappropriate or ineffective in U.S. regulations.
Starting with Stage 4, the equivalency statement became standard in the
AFM pages. Over the years, noise-related information in the AFM
(including the equivalency statements and other supporting documents)
developed into an effective resource in demonstrating certificated
noise levels of a U.S. registered aircraft operating outside the United
States. The FAA plans to keep the equivalency statements for both Stage
4 and 5. No change was made based on this comment.
    For reasons unrelated to this comment, we are amending Sec.  36.105
to remove the reference to an IBR at the end of the paragraph. The
required language for the flight manual, indicated by quotes in the
rule, is not itself an IBR.
    The fourth and fifth comments by the individual commenter requested
changes to Sec.  36.6, the IBR section for part 36 for matters of
``presentation'' and identification of ICAO Annex 16. The FAA is
adopting a change to the format of Sec.  36.6 as required by the Office
of the Federal Register to update its use as a centralized IBR section.
As adopted, the content of the IBR paragraph, including the order of
the material as stated, complies with the publication requirements of
the Office of the Federal Register. The FAA anticipates that the
required update of the section will address the commenters concerns.
    An anonymous commenter noted that the Web site address given for
the availability of ICAO documents no longer works. The FAA will
replace the Web site address in the final rule. The updated address for
the ICAO Web site is: http://www.icao.int/publications/Pages/default.aspx.
    The same anonymous commenter asked why Chapter 4 and Stage 4 (or
Chapter 14 and Stage 5) do not have the same definitions in part 91,
suggesting that they should all be referenced ``as described in part 36
of this chapter.''

    The U.S. regulations cannot be used to determine what Chapter 4 or
Chapter 14 contains or requires. Since the standards are incorporated
by reference, their definitions necessarily cite back to the official
source in ICAO Annex 16. Further, the FAA is not authorized to make
findings of legal compliance to Chapter 4 or Chapter 14; it only
certificates aircraft to Stage 4 or 5 (for example). This has led to
the IBR references and eventually to the equivalency statements in AFMs
since the U.S. does not make findings under ICAO standards. These
equivalency statements are meant to assist operators of U.S.-
certificated aircraft when they operate in ICAO countries and need to
show the noise compliance of their aircraft.
    However, we did find that the addition of the definition of Chapter
14 to part 91 is not necessary since part 91 is limited to domestic
operating rules and references aircraft by stage. Accordingly, we are
adding that definition only to part 36.
    Other than the corrections noted, no changes are being made in this
final rule based on the comments received. The rule is adopted as
proposed.

C. Changes From the NPRM

    The FAA was notified by the Office of the Federal Register that the
centralized IBR section for part 36 (Sec.  36.6) needed to be updated
to the new format published in 2016. Accordingly, this final rule
includes format changes to Sec.  36.6 and to various sections of part
36 and its appendices that reference incorporated documents. In no case
is the content or intent of any regulation to be considered changed by
this reformatting. Any changes to the substantive effect of any rule
would be preceded by full notice and comment rulemaking.
    In revising Sec.  36.6 we discovered materials that are no longer
referenced in the regulations and have removed them from that section.
Within the text of regulations, we have reformatted the identified
documents, removed two IBR references that were incorrect, updated Web
site references where available and corrected other minor formatting
errors discovered on review.
    Also, as part of this review, the FAA discovered that Sec.  36.5
contained an outdated reference to statutory authority. That section is
amended to replace the old citation to the authority with the current
one.

D. Incorporation by Reference

    This final rule incorporates by reference the aircraft noise
standards for Chapter 14 of the International Civil Aviation
Organization (ICAO) Annex 16, Volume 1, Aircraft Noise, Seventh
Edition, July 2014, Amendment 11-B, applicable January 1, 2015. These
standards are incorporated into Sec.  36.6, and are referenced in
various sections as noted in the amendments. As explained in this
document, these standards were developed by the ICAO with the
participation of the United States. Airplanes that meet Stage 5 noise
standards in the United States are considered equivalent of airplanes
that meet the Chapter 14 standards.
    The incorporated document is available for purchase through the
ICAO Web site: http://www.icao.int/publications/Pages/default.aspx.
Contact information for ICAO is also available on that Web site. The
document may be inspected at FAA Headquarters, Office of Environment
and Energy. Please contact the person listed in FOR FURTHER INFORMATION
CONTACT in this document.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall 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) (Trade Act) prohibits agencies from setting standards
that create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, the 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 the base year of 1995).
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected 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 being included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for that that determination follows.
    Based on the requirements in Executive Order (EO) 13771, the FAA
has completed a further analysis of this rule and determined that this
action is expected to be an EO 13771 deregulatory action as it will
result in cost-savings. Without this rule, the industry will have to
show compliance with two different noise standards--one in the United
States and the other in EASA. This double noise certification standard
will require revising type certification records, aircraft flight
manuals, airline operational specifications that will generate
unnecessary costs for both industry and the FAA.
    This final rule will establish a new Stage 5 noise standard for
subsonic jet airplanes and subsonic transport category large airplanes.
The final noise standard will apply to new type designs for
applications made on or after December 31, 2017, for airplanes with an
MTOW of 121,254 pounds (MTOM of 55,000 kilograms) or more; and after
December 31, 2020, for airplanes with an MTOW of less than 121,254
pounds (MTOM 55,000 kilograms).
    The final noise standard will provide more stringent noise
certification standards for Stage 5 airplanes certificated in the
United States and will be consistent with those for airplanes
certificated under the new ICAO Annex 16 Chapter 14 noise standards.
Documents describing the development of the new ICAO rule in more
detail, including cost analyses used by ICAO, are available in the
docket. These documents include:

1. Cost-benefit Analysis of CAEP9 Noise Stringency Options,
presented by U.S. CAEP Member, COMMITTEE ON AVIATION ENVIRONMENTAL
PROTECTION (CAEP), NINTH MEETING, Montreal, 4 to 15 February 2013.
2. Report of the Ninth Meeting, COMMITTEE ON AVIATION ENVIRONMENTAL
PROTECTION (CAEP), NINTH MEETING, Montreal, 4 to 15 February 2013.

    Several airplanes currently in production that have an MTOW of more
than 121,254 pounds already meet the final Stage 5 noise limits. These
airplanes include the Airbus models A-380 and A-350, and Boeing models
747-8 and 787. The FAA received a comment from Boeing supporting the
proposed rule.

    The applicability date of December 31, 2020, for airplanes with an
MTOW of less than 121,254 pounds (MTOM 55,000 kg) was adopted by the
ICAO to accommodate the requests of the manufacturers of lighter jet
and propeller-driven airplanes for more time to meet the new
requirements. For many of the proposed airplane programs announced
prior to CAEP9 (2013), analysis shows that such airplanes will be able
to meet the proposed Stage 5 standard without any additional cost.
    Technological advances that decrease noise are already being
adopted on airplanes in the lower weight class, including the geared
turbofan engine and quieter control surfaces. These technological
advances support the FAA expectation that all manufacturers will be
able to meet the new standards after the December 31, 2020, date. This
expectation was crucial to the minimal cost determination in the
proposed rule, and the FAA specifically requested comments regarding
whether existing and expected technological advancements would be
sufficient to achieve compliance with the provisions after December 31,
2020. The FAA received no comments on these regulatory estimates for
any size airplanes. Accordingly, the FAA has determined that the final
rule will have minimal cost and due to the reduced requirements from a
single accepted noise certification standard, rather than two
standards, this rule will lower industry and government costs. As these
cost savings are clearly evident, the cost estimate of these future
actions is too uncertain to provide quantified estimate.

B. Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the business, organizations, and governmental jurisdictions subject
to regulation.'' To achieve this principle, agencies are required to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions to assure that such proposals are given
serious consideration. The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a 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 RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
    In either 2017 or 2020, depending on the maximum certificated
takeoff weight of the airplane, when the more stringent noise
certification requirements in this final rule become effective, all new
type design subsonic transport category jet airplanes and transport
category large airplanes will be required to meet the Stage 5 noise
limits. In the proposed rule, the FAA stated that all manufacturers of
subsonic transport category jet airplanes and transport category large
airplanes would be able to meet the new noise standards at minimal
cost. The FAA invited industry comments on this determination and
requested that all comments be accompanied with clear and detailed
supporting data. The FAA received no responses to this request for
comments on this determination. Accordingly, the FAA has determined
that this rule will result in minimal cost.
    If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605 (b), the head of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreement 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 reduce impediments to international trade by
aligning United States standards with ICAO standards.

D. 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
(in 1995 dollars) 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 $155 million in lieu of $100
million.
    For the reasons stated above regarding the expected minimal cost of
complying with these standards, this final rule does not contain such a
mandate. Therefore, the requirements of Title II of the Act do not
apply.

E. 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 more stringent noise
requirements adopted in this final rule will not require any new
collection of information and none is associated with this final rule.
The FAA has determined that there will be no new requirement for
information collection associated with this final rule.

F. International Compatibility and Cooperation

    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. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.

G. Environmental Analysis

    FAA Order 1050.1F 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. The FAA has
determined this

rulemaking action qualifies for the categorical exclusion identified in
paragraph 5-6.6d of the Order and involves no extraordinary
circumstances.

H. Regulations Affecting Intrastate Aviation in Alaska

    The agency did not receive any comments, and has determined, based
on the administrative record of this rulemaking, that there is no need
to make any regulatory distinctions applicable to intrastate aviation
in Alaska.

V. Executive Order Determinations

A. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    Executive Order (EO) 13771 titled ``Reducing Regulation and
Controlling Regulatory Costs,'' directs that, unless prohibited by law,
whenever an executive department or agency publicly proposes for notice
and comment or otherwise promulgates a new regulation, it shall
identify at least two existing regulations to be repealed. In addition,
any new incremental costs associated with new regulations shall, to the
extent permitted by law, be offset by the elimination of existing
costs. Only those rules deemed significant under section 3(f) of
Executive Order 12866, ``Regulatory Planning and Review,'' are subject
to these requirements.
    This rule is expected to be an EO 13771 deregulatory action.
Details on the estimated costs savings of this rule can be found in the
rule's economic analysis.

B. 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.

C. 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 the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may 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<PHONE_NUMBER>.

B. 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.).

C. 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 36

    Aircraft, Aviation safety, Incorporation by reference, Life-limited
parts, Reporting and recordkeeping requirements.

14 CFR Part 91

    Aircraft, Aviation safety, Incorporation by reference, Life-limited
parts, Reporting and recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 36--NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS
CERTIFICATION

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 106(g), 40113,
44701-44702, 44704, 44715; sec. 305, Public Law 96-193, 94 Stat. 50,
57; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902.

0
2. Amend Sec.  36.1 by adding paragraphs (f)(12) through (14) to read
as follows:

Sec.  36.1  Applicability and definitions.

* * * * *
    (f) * * *
    (12) A ``Stage 5 noise level'' means a noise level at or below the
Stage 5 noise limit prescribed in section B36.5(e) of appendix B to
this part.
    (13) A ``Stage 5 airplane'' means an airplane that has been shown
under this part not to exceed the Stage 5 noise limit prescribed in
section B36.5(e) of appendix B to this part.
    (14) A ``Chapter 14 noise level'' means a noise level at or below
the Chapter 14 maximum noise level prescribed in Chapter 14 of the ICAO
Annex 16, Volume 1, Seventh Edition, Amendment 11-B (Incorporated by
reference, see Sec.  36.6).
* * * * *

Sec.  36.5  [Amended]

0
3. Amend Sec.  36.5 by removing ``49 U.S.C. 1431 (b)(4)'' and adding
``49 U.S.C. 44715'' in its place.

0
4. Revise Sec.  36.6 to read as follows:

Sec.  36.6  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the locations in this paragraph (a) and may be obtained
from the sources detailed in paragraphs (a)(1) through (12) of this
section.
    (1) The U.S. Department of Transportation, Docket Operations, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
    (2) Federal Aviation Administration New England Regional
Headquarters, 12 New England Executive Park, Burlington, MA 01801.
    (3) Federal Aviation Administration Eastern Region Headquarters,
Federal

Building, John F. Kennedy International Airport, Jamaica, NY 11430.
    (4) Federal Aviation Administration Southern Region Headquarters,
1701 Columbia Avenue, College Park, GA 30337.
    (5) Federal Aviation Administration Great Lakes Region
Headquarters, O'Hare Lake Office Center, 2300 East Devon Avenue, Des
Plaines, IL 60018.
    (6) Federal Aviation Administration Central Region Headquarters,
Federal Building, 601 East 12th Street, Kansas City, MO 64106.
    (7) Federal Aviation Administration Southwest Region Headquarters,
2601 Meacham Boulevard, Fort Worth, TX 76137.
    (8) Federal Aviation Administration Northwest Mountain Region
Headquarters, 1601 Lind Avenue SW, Renton, WA 98055.
    (9) Federal Aviation Administration Western Pacific Region
Headquarters, 15000 Aviation Boulevard, Hawthorne, CA 92007.
    (10) Federal Aviation Administration Alaskan Region Headquarters,
222 West 7th Avenue, #14, Anchorage, AK 99513.
    (11) Federal Aviation Administration European Office Headquarters,
15 Rue de la Loi, Third Floor, B-1040, Brussels, Belgium.
    (12) The National Archives and Records Administration (NARA). For
information on the availability of this information at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Civil Aviation Organization (ICAO), Document
Sales Unit, 999 University Street, Montreal, Quebec, H3C 5H7, Canada.
http://www.icao.int/publications/Pages/default.aspx.
    (1) International Standards and Recommended Practices, Annex 16 to
the Convention on International Civil Aviation, Environmental
Protection, Volume I, Aircraft Noise, Third Edition, July 1993,
Amendment 7 effective March 21, 2002, IBR approved for Sec.  36.1(f),
and appendices A and B to part 36.
    (2) International Standards and Recommended Practices, Annex 16 to
the Convention on International Civil Aviation, Environmental
Protection, Volume I, Aircraft Noise, Seventh Edition, July 2014,
Amendment 11-B, applicable January 1, 2015, IBR approved for Sec.
36.1(f) and appendices A and B to part 36.
    (c) International Electrotechnical Commission (IEC) 3 Rue de
Varembe, Case Postale 131, 1211 Geneva 20, Switzerland, http://www.iec.ch/standardsdev/publications/?ref=menu.
    (1) Publication No. 179, Precision Level Sound Meters, (IEC 179)
1973, IBR approved for appendix F to part 36.
    (2) Publication No. 561, Electro-acoustical Measuring Equipment for
Aircraft Noise Certification, first edition, 1976, (IEC 561), IBR
approved for appendices G and J to part 36.
    (3) Publication No. 651, Sound Level Meters, first edition, 1979,
(IEC 651), IBR approved for appendices G and J to part 36.
    (4) Publication No. 804, Integrating-averaging Sound Level Meters,
first edition, 1985, (IEC 804), IBR approved for appendix J to part 36.
    (5) Publication No. 61094-3, Measurement Microphones--Part 3:
Primary Method for Free-Field Calibration of Laboratory Standard
Microphones by the Reciprocity Technique, edition 1.0, 1995 (IEC 61094-
3) IBR approved for appendix A to part 36.
    (6) Publication No. 61094-4, Measurement Microphones--Part 4:
Specifications for Working Standard Microphones, edition 1.0, 1995,
(IEC 61094-4) IBR approved for appendix A to part 36.
    (7) Publication No. 61260, Electroacoustics-Octave-Band and
Fractional-Octave-Band Filters, edition 1.0, 1995, (IEC 61260), IBR
approved for appendix A to part 36.
    (8) Publication No, 60942, Electroacoustics-Sound Calibrators,
edition 2.0, 1997, (IEC 60942) IBR approved for appendix A to part 36.
    (d) Society of Automotive Engineers, Inc. (SAE), 400 Commonwealth
Drive, Warrentown, PA 15096, http://www.sae.org/pubs/.
    (1) ARP 866A, Standard Values at Atmospheric Absorption as a
Function of Temperature and Humidity for use in Evaluating Aircraft
Flyover Noise, March 15, 1975, IBR approved for appendix H to part 36.
    (2) [Reserved]

0
5. Amend Sec.  36.7 by adding paragraph (e)(5), revising paragraph (f),
and adding paragraph (g) to read as follows:

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

* * * * *
    (e) * * *
    (5) If an airplane is a Stage 3 airplane prior to a change in type
design, and becomes a Stage 5 airplane after the change in type design,
the airplane must remain a Stage 5 airplane.
    (f) Stage 4 airplanes. (1) 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.
    (2) If an airplane is a Stage 4 airplane prior to a change in type
design, and becomes a Stage 5 airplane after the change in type design,
the airplane must remain a Stage 5 airplane.
    (g) Stage 5 airplanes. If an airplane is a Stage 5 airplane prior
to a change in type design, the airplane must remain a Stage 5 airplane
after the change in type design.

0
6. Amend Sec.  36.103 by revising paragraph (c) and adding paragraphs
(d) and (e) to read as follows:

Sec.  36.103  Noise limits.

* * * * *
    (c) Type certification applications between January 1, 2006, and
the date specified in paragraph (d) or (e) of this section, as
applicable for airplane weight. If application is made on or after
January 1, 2006, and before the date specified in paragraph (d) or (e)
of this section (as applicable for airplane weight), it must be shown
that the noise levels of the airplane are no greater than the Stage 4
noise limit prescribed in section B36.5(d) of appendix B of this part.
If an applicant chose to voluntarily certificate an airplane to Stage 4
prior to January 2006, then the requirements of Sec.  36.7(f) apply to
that airplane.
    (d) For airplanes with a maximum certificated takeoff weight of
121,254 pounds (55,000 kg) or more, type certification applications on
or after December 31, 2017. If application is made on or after December
31, 2017, it must be shown that the noise levels of the airplane are no
greater than the Stage 5 noise limit prescribed in section B36.5(e) of
appendix B of this part. Prior to December 31, 2017, an applicant may
seek voluntary certification to Stage 5. If Stage 5 certification is
chosen, the requirements of Sec.  36.7(g) will apply.
    (e) For airplanes with a maximum certificated take[hyphen]off
weight of less than 121,254 pounds (55,000 kg), type certification
applications on or after December 31, 2020. If application is made on
or after December 31, 2020, it must be shown that the noise levels of
the airplane are no greater than the Stage 5 noise limit prescribed in
section B36.5(e) of appendix B of this part. Prior to December 31,
2020, an applicant may seek voluntary certification to Stage 5. If
Stage 5 certification is chosen, the requirements of Sec.  36.7(g) will
apply.

Sec.  36.105  [Amended]

0
7. Amend Sec.  36.105 by removing ``[Incorporated by reference, see
Sec.  36.6].'' from the end of the paragraph.

0
8. Add Sec.  36.106 to subpart B to read as follows:

Sec.  36.106  Flight Manual statement of Chapter 14 noise level
equivalency.

    For each airplane that meets the requirements for Stage 5
certification, the Airplane Flight Manual or operations manual must
include the following statement: ``The following noise levels comply
with part 36, appendix B, Stage 5 maximum noise level requirements and
were obtained by analysis of approved data from noise tests conducted
under the provisions of part 36, Amendment [insert part 36 amendment
number to which the airplane was certificated]. The noise measurement
and evaluation procedures used to obtain these noise levels are
considered by the FAA to be equivalent to the Chapter 14 noise levels
required by the International Civil Aviation Organization (ICAO) in
Annex 16, Volume 1, Aircraft Noise, Seventh Edition, July 2014,
Amendment 11-B, applicable January 1, 2015.''

0
9. Amend appendix A by revising paragraph A36.1.4, adding paragraph
A36.1.5, and revising paragraphs A<IP_ADDRESS>. A<IP_ADDRESS>, and A<IP_ADDRESS> to
read as follows:

Appendix A to Part 36--Aircraft Noise Measurement and Evaluation Under
Sec.  36.101

* * * * *

Section A36.1 Introduction

* * * * *
    A36.1.4 For Stage 4 airplanes, an acceptable alternative for
noise measurement and evaluation is Appendix 2 to ICAO Annex 16,
Volume I, Amendment 7 (incorporated by reference, see Sec.  36.6).
    A36.1.5 For Stage 5 airplanes, an acceptable alternative for
noise measurement and evaluation is Appendix 2 to ICAO Annex 16,
Volume 1, Amendment 11-B (incorporated by reference, see Sec.
36.6).
* * * * *

Section A36.3 Measurement of Airplane Noise Received on the Ground

* * * * *
    A<IP_ADDRESS> Sound incidence angle means in degrees, an angle
between the principal axis of the microphone, as defined in IEC
61094-3 and IEC 61094-4, as amended and a line from the sound source
to the center of the diaphragm of the microphone (incorporated by
reference, see Sec.  36.6).
* * * * *
    A<IP_ADDRESS> The minimum standard for the one-third octave band
analysis system is the class 2 electrical performance requirements
of IEC 61260 as amended, over the range of one-third octave nominal
midband frequencies from 50 Hz through 10 kHz inclusive
(incorporated by reference, see Sec.  36.6).

    Note: IEC 61260 specifies procedures for testing of one-third
octave band analysis systems for relative attenuation, anti-aliasing
filters, real time operation, level linearity, and filter integrated
response (effective bandwidth).

* * * * *

A36.3.8 Calibration Systems

    A<IP_ADDRESS> The acoustical sensitivity of the measurement system
must be determined using a sound calibrator generating a known sound
pressure level at a known frequency. The minimum standard for the
sound calibrator is the class 1L requirements of IEC 60942 as
amended (incorporated by reference, see Sec.  36.6).
* * * * *

0
10. In appendix B:
0
a. Amend section B36.1 by revising paragraph (b) and adding paragraph
(c); and
0
b. Amend section B36.5 by adding paragraph (e).
    The revision and additions read as follows:

Appendix B to Part 36--Noise Levels for Transport Category and Jet
Airplanes Under Sec.  36.103

* * * * *

Section B36.1 Noise Measurement and Evaluation

* * * * *
    (b) For Stage 4 airplanes, an acceptable alternative to
paragraph (a) of this section for noise measurement and evaluation
is Appendix 2 to ICAO Annex 16, Volume I, Amendment 7 (Incorporated
by reference, see Sec.  36.6).
    (c) For Stage 5 airplanes, an acceptable alternative to
paragraph (a) of this section for noise measurement and evaluation
is Appendix 2 to ICAO Annex 16, Volume 1, Amendment 11-B
(Incorporated by reference, see Sec.  36.6).
* * * * *

Section B36.5 Maximum Noise Levels

* * * * *
    (e) For any Stage 5 airplane, the flyover, lateral, and approach
maximum noise levels are prescribed in Chapter 14, Paragraph 14.4,
Maximum Noise Levels of ICAO Annex 16, Volume I, Amendment 11-B
(Incorporated by reference, see Sec.  36.6).
* * * * *

0
11. In appendix F, amend section F36.105 by revising paragraph (b) to
read as follows:

Appendix F to Part 36--Flyover Noise Requirements for Propeller-Driven
Small Airplane and Propeller-Driven Commuter Category Airplane
Certification Tests Prior to December 22, 1988

* * * * *

Section F36.105 Sensing, Recording and Reproducing Equipment

* * * * *
    (b) The characteristics of the system must comply with the
recommendations in IEC 179 (incorporated by reference, see Sec.
36.6).
* * * * *

0
12. In appendix G, amend section G36.105 by revising paragraphs (b),
(c), and (e) to read as follows:

Appendix G to Part 36--Takeoff Noise Requirements for Propeller-Driven
Small Airplane and Propeller-Driven Commuter Category Airplane
Certification Tests On or After December 22, 1988

* * * * *

Section G36.105 Sensing, Recording and Reproducing Equipment

* * * * *
    (b) The characteristics of the complete system must comply with
the requirements in IEC 651 and IEC 561 (incorporated by reference,
see Sec.  36.6). Sound level meters must comply with the
requirements for Type 1 sound level meters as specified in IEC 651.
    (c) The response of the complete system to a sensibly plane
progressive sinusoidal wave of constant amplitude must be within the
tolerance limits specified in IEC 651, over the frequency range 45
to 11,200 Hz.
* * * * *
    (e) The output noise signal must be read through an ``A'' filter
with dynamic characteristics designated ``slow'' as defined in IEC
651. A graphic recorder, sound level meter, or digital equipment may
be used.
* * * * *

0
13. In appendix H, amend section H36.113 by revising paragraph (b) to
read as follows:

Appendix H to Part 36--Noise Requirements for Helicopters Under Subpart
H

* * * * *

Section H36.113 Atmospheric Attenuation of Sound

* * * * *
    (b) Attenuation rates. The procedure for determining the
atmospheric attenuation rates of sound with distance for each one-
third octave bands must be determined in accordance with SAE ARP
866A (Incorporated by reference, see Sec.  36.6). The atmospheric
attenuation equations are provided in both the International and
English systems of units in section A36.7 of appendix A to this
part.
* * * * *

0
14. In appendix J, amend section J36.109 by revising paragraphs
(d)(1)(i) through (iv) and by adding reserved paragraph (d)(2) to read
as follows:

Appendix J to Part 36--Alternative Noise Certification Procedure for
Helicopters Under Subpart H Having a Maximum Certificated Takeoff
Weight of Not More Than 7,000 Pounds

* * * * *

Section J36.109 Measurement of Helicopter Noise Received on the
Ground

* * * * *
    (d) * * *
    (1) * * *
    (i) The SEL values from each flyover test may be directly
determined from an integrating sound level meter complying with the
standards of IEC 804 (Incorporated by reference, see Sec.  36.6) for
a Type 1 instrument set at ``slow'' response.
    (ii) The acoustic signal from the helicopter, along with the
calibration signals specified under paragraph (e) of this section
and the background noise signal required under paragraph (f) of this
section, may be recorded on a magnetic tape recorder for subsequent
analysis for an integrating sound level meter identified in
paragraph (d)(1)(i) of this section. The record/playback system
(including the audio tape) of the tape recorder must conform to the
requirements prescribed in section A36.3.6 of appendix A to this
part. The tape recorder shall comply with the specifications of IEC
561 (Incorporated by reference, see Sec.  36.6).
    (iii) The characteristics of the complete system shall comply
with the recommendations given in IEC 651 (Incorporated by
reference, see Sec.  36.6) with regard to the specifications
concerning microphone, amplifier, and indicating instrument
characteristics.
    (iv) The response of the complete system to a sensibly plane
progressive wave of constant amplitude shall lie within the
tolerance limits specified in Table IV and Table V for Type 1
instruments in IEC 651 for weighting curve ``A'' over the frequency
range of 45 Hz to 11500 Hz.
    (2) [Reserved]

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
15. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40103, 40113, 40120,
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,
47528-47531, 47534, articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
16. Amend Sec.  91.851 by adding in alphabetical order definitions for
the terms ``Stage 5 airplane'' and ``Stage 5 noise level'' to read as
follows:

Sec.  91.851  Definitions.

* * * * *
    Stage 5 airplane means an airplane that has been shown not to
exceed the Stage 5 noise limit prescribed in part 36 of this chapter. A
Stage 5 airplane complies with all of the noise operating rules of this
part.
    Stage 5 noise level means a noise level at or below the Stage 5
noise limit prescribed in part 36 of this chapter.

0
17. Revise Sec.  91.853 to read as follows:

Sec.  91.853  Final compliance: Civil subsonic airplanes.

    Except as provided in Sec.  91.873, after December 31, 1999, no
person shall operate to or from any airport in the contiguous United
States any airplane subject to Sec.  91.801(c), unless that airplane
has been shown to comply with Stage 3, Stage 4, or Stage 5 noise
levels.

0
18. Amend Sec.  91.855 by revising paragraph (a) to read as follows:

Sec.  91.855  Entry and nonaddition rule.

* * * * *
    (a) The airplane complies with Stage 3, Stage 4, or Stage 5 noise
levels.
* * * * *

0
19. Amend Sec.  91.858 by revising paragraph (a)(2) to read as follows:

Sec.  91.858  Special flight authorizations for non-revenue Stage 2
operations.

    (a) * * *
    (2) Obtain modifications to meet Stage 3, Stage 4, or Stage 5 noise
levels.
* * * * *

0
20. Revise Sec.  91.859 to read as follows:

Sec.  91.859   Modification to meet Stage 3, Stage 4, or Stage 5 noise
levels.

    For an airplane subject to Sec.  91.801(c) of this subpart and
otherwise prohibited from operation to or from an airport in the
contiguous United States by Sec.  91.855, any person may apply for a
special flight authorization for that airplane to operate in the
contiguous United States for the purpose of obtaining modifications to
meet Stage 3, Stage 4, or Stage 5 noise levels.

0
21. Revise Sec.  91.881 to read as follows:

Sec.  91.881   Final compliance: Civil subsonic jet airplanes weighing
75,000 pounds or less.

    Except as provided in Sec.  91.883, after December 31, 2015, a
person may not operate to or from an airport in the contiguous United
States a civil subsonic jet airplane subject to Sec.  91.801(e) of this
subpart that weighs less than 75,000 pounds unless that airplane has
been shown to comply with Stage 3, Stage 4, or Stage 5 noise levels.

0
22. Amend Sec.  91.883 by revising paragraph (a)(3) to read as follows:

Sec.  91.883  Special flight authorizations for jet airplanes weighing
75,000 pounds or less.

    (a) * * *
    (3) To obtain modifications to the airplane to meet Stage 3, Stage
4, or Stage 5 noise levels.
* * * * *

    Issued under authority of 49 U.S.C. 106(f), 44701(a), and 44715
in Washington, DC, on September 11, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017-21092 Filed 10-3-17; 8:45 am]
 BILLING CODE 4910-13-P