title-14-part-36-sec36-1

766

14 CFR Ch. I (1–1–24 Edition)

§ 36.1

Subpart O—Documentation, Operating

Limitations and Information

36.1501

Procedures, noise levels and other

information.

36.1581

Manuals, markings, and placards.

36.1583

Noncomplying agricultural and fire

fighting airplanes.

PPENDIX

ART

36—A

IRCRAFT

OISE

EASUREMENT

AND

VALUATION

NDER

§ 36.101

PPENDIX

ART

36—N

OISE

EVELS FOR

RANSPORT

ATEGORY

AND

PLANES

NDER

§ 36.103

PPENDIXES

C–E

ART

36 [R

ESERVED

]

PPENDIX

ART

36—F

LYOVER

OISE

QUIREMENTS

FOR

ROPELLER

-D

RIVEN

MALL

IRPLANE AND

ROPELLER

-D

RIVEN

OMMUTER

ATEGORY

IRPLANE

ERTIFI

CATION

ESTS

RIOR TO

ECEMBER

22, 1988

PPENDIX

ART

36—T

AKEOFF

OISE

QUIREMENTS

FOR

ROPELLER

-D

RIVEN

MALL

IRPLANE AND

ROPELLER

-D

RIVEN

OMMUTER

ATEGORY

IRPLANE

ERTIFI

CATION

ESTS ON OR

FTER

ECEMBER

22,

1988

PPENDIX

ART

36—N

OISE

EQUIRE

MENTS FOR

ELICOPTERS

NDER

UBPART

PPENDIX

ART

36 [R

ESERVED

]

PPENDIX

ART

36—A

LTERNATIVE

OISE

ERTIFICATION

ROCEDURE

ELI

COPTERS

NDER

UBPART

H H

AVING

AXIMUM

ERTIFICATED

AKEOFF

EIGHT

ORE

HAN

7,000 P

OUNDS

PPENDIX

ART

36—N

OISE

EQUIRE

MENTS FOR

ILTROTORS

NDER

UBPART

UTHORITY

: 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.

OURCE

: Docket No. 9337, 34 FR 18364, Nov.

18, 1969, unless otherwise noted.

Subpart A—General

§ 36.1

Applicability and definitions.

(a) This part prescribes noise stand-

ards for the issue of the following cer-
tificates:

(1) Type certificates, and changes to

those certificates, and standard air-
worthiness certificates, for subsonic
transport category large airplanes, and
for subsonic jet airplanes regardless of
category.

(2) Type certificates and changes to

those certificates, standard airworthi-
ness certificates, and restricted cat-
egory airworthiness certificates, for
propeller-driven, small airplanes, and
for propeller-driven, commuter cat-
egory airplanes except those airplanes

that are designed for ‘‘agricultural air-
craft operations’’ (as defined in § 137.3
of this chapter, as effective on January
1, 1966) or for dispersing fire fighting
materials to which § 36.1583 of this part
does not apply.

(3) A type certificate and changes to

that certificate, and standard air-
worthiness certificates, for Concorde
airplanes.

(4) Type certificates, and changes to

those certificates, for helicopters ex-
cept those helicopters that are des-
ignated exclusively for ‘‘agricultural
aircraft operations’’ (as defined in
§ 137.3 of this chapter, as effective on
January 1, 1966), for dispensing fire
fighting materials, or for carrying ex-
ternal loads (as defined in § 133.1(b) of
this chapter, as effective on December
20, 1976).

(5) Type certificates, changes to

those certificates, and standard air-
worthiness certificates, for tiltrotors.

(b) Each person who applies under

Part 21 of this chapter for a type of air-
worthiness certificate specified in this
part must show compliance with the
applicable requirements of this part, in
addition to the applicable airworthi-
ness requirements of this chapter.

Part 21 of this chapter for approval of
an acoustical change described in
§ 21.93(b) of this chapter must show that
the aircraft complies with the applica-
ble provisions of §§ 36.7, 36.9, 36.11 or
36.13 of this part in addition to the ap-
plicable airworthiness requirements of
this chapter.

(d) Each person who applies for the

original issue of a standard airworthi-
ness certificate for a transport cat-
egory large airplane or for a jet air-
plane under § 21.183 must, regardless of
date of application, show compliance
with the following provisions of this
part (including appendix B):

(1) The provisions of this part in ef-

fect on December 1, 1969, for subsonic
airplanes that have not had any flight
time before—

(i) December 1, 1973, for airplanes

with maximum weights greater than
75,000 pounds, except for airplanes that
are powered by Pratt & Whitney Turbo
Wasp JT3D series engines;

(ii) December 31, 1974, for airplanes

with maximum weights greater than

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§ 36.1

75,000 pounds and that are powered by
Pratt & Whitney Turbo Wasp JT3D se-
ries engines; and

(iii) December 31, 1974, for airplanes

with maximum weights of 75,000 pounds
and less.

(2) The provisions of this part in ef-

fect on October 13, 1977, including the
stage 2 noise limits, for Concorde air-
planes that have not had flight time
before January 1, 1980.

(e) Each person who applies for the

original issue of a standard airworthi-
ness certificate under § 21.183, or for the
original issue of a restricted category
airworthiness certificate under § 21.185,
for propeller-driven, commuter cat-
egory airplanes for a propeller driven
small airplane that has not had any
flight time before January 1, 1980, must
show compliance with the applicable
provisions of this part.

(f) For the purpose of showing com-

pliance with this part for transport
category large airplanes and jet air-
planes regardless of category, the fol-
lowing terms have the following mean-
ings:

(1) A ‘‘Stage 1 noise level’’ means a

flyover, lateral or approach noise level
greater than the Stage 2 noise limits
prescribed in section B36.5(b) of appen-
dix B of this part.

(2) A ‘‘Stage 1 airplane’’ means an

airplane that has not been shown under
this part to comply with the flyover,
lateral, and approach noise levels re-
quired for Stage 2 or Stage 3 airplanes.

(3) A ‘‘Stage 2 noise level’’ means a

noise level at or below the Stage 2
noise limits prescribed in section
B36.5(b) of appendix B of this part but
higher than the Stage 3 noise limits
prescribed in section B36.5(c) of appen-
dix B of this part.

(4) A ‘‘Stage 2 airplane’’ means an

airplane that has been shown under
this part to comply with Stage 2 noise
levels prescribed in section B36.5(b) of
appendix B of this part (including use
of the applicable tradeoff provisions
specified in section B36.6) and that does
not comply with the requirements for a
Stage 3 airplane.

(5) A ‘‘Stage 3 noise level’’ means a

noise level at or below the Stage 3
noise limits prescribed in section
B36.5(c) of appendix B of this part.

(6) A ‘‘Stage 3 airplane’’ means an

airplane that has been shown under
this part to comply with Stage 3 noise
levels prescribed in section B36.5(c) of
appendix B of this part (including use
of the applicable tradeoff provisions
specified in section B36.6).

(7) A ‘‘subsonic airplane’’ means an

airplane for which the maximum oper-
ating limit speed, M

, does not exceed

a Mach number of 1.

(8) A ‘‘supersonic airplane’’ means an

airplane for which the maximum oper-
ating limit speed, M

, exceeds a Mach

number of 1.

(9) A ‘‘Stage 4 noise level’’ means a

noise level at or below the Stage 4
noise limit prescribed in section
B36.5(d) of appendix B of this part.

(10) A ‘‘Stage 4 airplane’’ means an

airplane that has been shown under
this part not to exceed the Stage 4
noise limit prescribed in section
B36.5(d) of appendix B of this part.

(11) A ‘‘Chapter 4 noise level’’ means

a noise level at or below the maximum
noise level prescribed in Chapter 4,
Paragraph 4.4, Maximum Noise Levels,
of the International Civil Aviation Or-
ganization (ICAO) Annex 16, Volume I,
Amendment 7, effective March 21, 2002.
[Incorporated by reference, see § 36.6].

(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, Vol-
ume 1, Seventh Edition, Amendment
11–B (Incorporated by reference, see
§ 36.6).

(g) For the purpose of showing com-

pliance with this part for transport
category large airplanes and jet air-
planes regardless of category, each air-
plane may not be identified as com-
plying with more than one stage or
configuration simultaneously.

(h) For the purpose of showing com-

pliance with this part, for helicopters
in the primary, normal, transport, and

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14 CFR Ch. I (1–1–24 Edition)

§ 36.1

restricted categories, the following
terms have the specified meanings:

(1)

Stage 1 noise level means a takeoff,

flyover, or approach noise level greater
than the Stage 2 noise limits pre-
scribed in section H36.305 of appendix H
of this part, or a flyover noise level
greater than the Stage 2 noise limits
prescribed in section J36.305 of appen-
dix J of this part.

(2)

Stage 1 helicopter means a heli-

copter that has not been shown under
this part to comply with the takeoff,
flyover, and approach noise levels re-
quired for Stage 2 helicopters as pre-
scribed in section H36.305 of appendix H
of this part, or a helicopter that has
not been shown under this part to com-
ply with the flyover noise level re-
quired for Stage 2 helicopters as pre-
scribed in section J36.305 of appendix J
of this part.

(3)

Stage 2 noise level means a takeoff,

flyover, or approach noise level at or
below the Stage 2 noise limits pre-
scribed in section H36.305 of appendix H
of this part, or a flyover noise level at
or below the Stage 2 limit prescribed in
section J36.305 of appendix J of this
part.

(4)

Stage 2 helicopter means a heli-

copter that has been shown under this
part to comply with Stage 2 noise lim-
its (including applicable tradeoffs) pre-
scribed in section H36.305 of appendix H
of this part, or a helicopter that has
been shown under this part to comply
with the Stage 2 noise limit prescribed
in section J36.305 of appendix J of this
part.

(5) A ‘‘Stage 3 noise level’’ means a

takeoff, flyover, or approach noise
level at or below the Stage 3 noise lim-
its prescribed in section H36.305 of ap-
pendix H of this part, or a flyover noise
level at or below the Stage 3 noise
limit prescribed in section J36.305 of
appendix J of this part.

(6) A ‘‘Stage 3 helicopter’’ means a

helicopter that has been shown under
this part to comply with the Stage 3
noise limits (including applicable
tradeoffs) prescribed in section H36.305
of appendix H of this part, or a heli-
copter that has been shown under this
part to comply with the Stage 3 noise
limit prescribed in section J36.305 of
appendix J of this part.

(7)

Maximum normal operating RPM

means the highest rotor speed cor-
responding to the airworthiness limit
imposed by the manufacturer and ap-
proved by the FAA. Where a tolerance
on the highest rotor speed is specified,
the maximum normal operating rotor
speed is the highest rotor speed for
which that tolerance is given. If the
rotor speed is automatically linked
with flight condition, the maximum
normal operating rotor speed cor-
responding with the reference flight
condition must be used during the
noise certification procedure. If rotor
speed can be changed by pilot action,
the highest normal operating rotor
speed specified in the flight manual
limitation section for reference condi-
tions must be used during the noise
certification procedure.

(i) For the purpose of showing com-

pliance 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 des-

ignated nacelle angle positions selected
for airworthiness reference. These are
default positions used to refer to nor-
mal nacelle positioning operation of
the aircraft. The nacelle angle is con-
trolled by a self-centering switch.
When the nacelle angle is 0 degrees
(airplane mode) and the pilot moves
the nacelle switch upwards, the na-
celles are programmed to automati-
cally 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 sec-
ond default position (for example, 75
degrees). Above the last default posi-
tion, the nacelle angle can be set to
any angle up to approximately 95 de-
grees by moving the switch in the up or
down direction. The number and posi-
tion of the fixed operation points may
vary on different tiltrotor configura-
tions.

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§ 36.5

Nacelle angle is defined as the angle

between the rotor shaft centerline and
the longitudinal axis of the aircraft fu-
selage.

Tiltrotor means a class of aircraft ca-

pable 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 con-
figuration having the rotors orientated
with the axis of rotation in a vertical
manner (

i.e., nacelle angle of approxi-

mately 90 degrees) for vertical takeoff
and landing operations.

CON

is defined as the maximum au-

thorized speed for any nacelle angle in
VTOL/Conversion mode.

VTOL/Conversion mode is all approved

nacelle positions where the design op-
erating rotor speed is used for hover
operations.

VTOL mode RPM means highest range

of RPM that occur for takeoff, ap-
proach, hover, and conversion condi-
tions.

[Doc. No. 13243, Amdt. 36–4, 40 FR 1034, Jan.
6, 1975]

DITORIAL

OTE

: For F

EDERAL

EGISTER

ci-

tations affecting § 36.1, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at

www.govinfo.gov.

§ 36.2

Requirements as of date of ap-

plication.

(a) Section 21.17 of this chapter not-

withstanding, each person who applies
for a type certificate for an aircraft
covered by this part, must show that
the aircraft meets the applicable re-
quirements of this part that are effec-
tive on the date of application for that
type certificate. When the time inter-
val between the date of application for
the type certificate and the issuance of
the type certificate exceeds 5 years, the
applicant must show that the aircraft
meets the applicable requirements of
this part that were effective on a date,
to be selected by the applicant, not
earlier than 5 years before the issue of
the type certificate.

(b) Section 21.101(a) of this chapter

notwithstanding, each person who ap-
plies for an acoustical change to a type

design specified in § 21.93(b) of this
chapter must show compliance with
the applicable requirements of this
part that are effective on the date of
application for the change in type de-
sign. When the time interval between
the date of application for the change
in type design and the issuance of the
amended or supplemental type certifi-
cate exceeds 5 years, the applicant
must show that the aircraft meets the
applicable requirements of this part
that were effective on a date, to be se-
lected by the applicant, not earlier
than 5 years before the issue of the
amended or supplemental type certifi-
cate.

with a standard in this part that was
effective after the filing of the applica-
tion for a type certificate or change to
a type design, the election:

(1) Must be approved by the FAA;
(2) Must include standards adopted

between the date of application and the
date of the election;

(3) May include other standards

adopted after the standard elected by
the applicant as determined by the
FAA.

[Amdt. 36–54, 67 FR 45211, July 8, 2002; Amdt.
36–24, 67 FR 63195, Oct. 10, 2002]

§ 36.3

Compatibility with airworthi-

ness requirements.

It must be shown that the aircraft

meets the airworthiness regulations
constituting the type certification
basis of the aircraft under all condi-
tions in which compliance with this
part is shown, and that all procedures
used in complying with this part, and
all procedures and information for the
flight crew developed under this part,
are consistent with the airworthiness
regulations constituting the type cer-
tification basis of the aircraft.

[Doc. No. 9337, 34 FR 18364, Nov. 18, 1969, as
amended by Amdt. 36–14, 53 FR 3540, Feb. 5,
1988]

§ 36.5

Limitation of part.

Pursuant to 49 U.S.C. 44715, the noise

levels in this part have been deter-
mined to be as low as is economically
reasonable, technologically prac-
ticable, and appropriate to the type of
aircraft to which they apply. No deter-
mination is made, under this part, that

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