Noise Certification Standards: Matternet Model M2 Aircraft

Published date27 August 2021
Citation86 FR 48281
Record Number2021-17769
SectionNotices
CourtFederal Aviation Administration
Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)
[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
                [Notices]
                [Pages 48281-48290]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-17769]
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                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                [Docket No.: FAA-2021-0710; Notice No. 21-01]
                Noise Certification Standards: Matternet Model M2 Aircraft
                AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).
                ACTION: Notice of proposed rulemaking (NPRM), rule of particular
                applicability.
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                SUMMARY: The Federal Aviation Administration (FAA) proposes noise
                certification standards that would apply only to the Matternet model M2
                quadcopter unmanned aircraft because there are currently no generally
                applicable noise certification standards for this aircraft.
                DATES: Send comments on or before September 27, 2021.
                ADDRESSES: Send comments identified by docket number FAA-2021-0710
                using any of the following methods:
                 Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
                comments electronically.
                 Mail: Send comments to Docket Operations, M-30; U.S.
                Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
                W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                 Hand Delivery or Courier: Take comments to Docket
                Operations in Room W12-140 of the West Building Ground Floor at 1200
                New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
                through Friday, except Federal holidays.
                 Fax: Fax comments to Docket Operations at 202-493-2251.
                 Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
                from the public to better inform its rulemaking process. DOT posts
                these comments, without edit, including any personal information the
                commenter provides, to www.regulations.gov, as described in the system
                of records notice (DOT/ALL-14 FDMS), which can be reviewed at
                www.dot.gov/privacy.
                 Docket: Background documents or comments received may be read at
                http://www.regulations.gov at any time. Follow the online instructions
                for accessing the docket or go to the Docket Operations in Room W12-140
                of the West Building Ground Floor at 1200 New Jersey Avenue SE,
                Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
                except Federal holidays.
                FOR FURTHER INFORMATION CONTACT: For technical questions concerning
                this action, contact Hua (Bill) He, Federal Aviation Administration,
                Office of Environment and Energy, 800 Independence Ave. SW, Room 900
                West, Washington, DC 20591; telephone (202) 267-3565; email
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. 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 issued under the authority described in subtitle
                VII, chapter 447, section 44715. Section 44715(a)(3) states that an
                original type certificate for an aircraft may be issued only after the
                Administrator of the FAA prescribes noise standards and regulations
                under that section that apply to the aircraft. This regulation is
                within the scope of that authority.
                II. Need for This Rulemaking
                 Section 44704 of Title 49 of the United States Code requires that
                the FAA issue a type certificate to an applicant that presents a
                qualified design. Section 44715(a)(3) requires the FAA to prescribe
                noise standards for an aircraft before a type certificate may be
                issued.
                 The current noise standards are contained in 14 CFR part 36. Within
                part 36, aircraft are distinguished by type, including jet airplanes,
                large turboprop airplanes, small airplanes, helicopters, and
                tiltrotors. When the FAA began issuing type certificates for unmanned
                aircraft (UA) several years ago, it used the noise standards for the
                type of manned aircraft that was most like the UA seeking type
                certification and that were compatible with the type classification. In
                the first two certifications, the FAA applied the small airplane
                standards under subpart F and appendix G. The small helicopter
                standards of subpart H and appendix J might also be found as applicable
                based on the design of an aircraft presented for certification.
                 The increase of low-altitude UA operations, and the increased
                demand for commercial operation using them, has caused the FAA to re-
                evaluate whether the requirements for certain categories of aircraft
                (e.g., helicopters, tilt-rotors, small propeller-driven fixed wing)
                described in part 36 remain appropriate for the noise certification of
                particular UA designs like the Matternet M2. The FAA has recently begun
                to consider not only the means of propulsion and flight, but the amount
                and type of noise generated by UA, which in many cases are small in
                size, electrically (battery) powered, and may include distributed
                propulsion features or vertical takeoff and landing capabilities. As a
                result, it is possible that these aircraft generate less noise than was
                contemplated when part 36 was promulgated.
                 A significant consideration is the expected operating environment
                for UA. Manned airplanes and helicopters normally operate from airports
                or helipads that include property that serves as a primary buffer from
                the general population. The methods of testing and determining proper
                noise limits used these proximities to the population as their bases,
                with testing done at large airport test locations and at altitudes
                representative of takeoff and landing. The UA addressed in this
                proposal, however, is an aircraft that is intended to operate in closer
                proximity
                [[Page 48282]]
                to people, such as delivering packages in residential areas. These uses
                are expected to have an impact on persons and property from much closer
                distances than traditional piloted aircraft.
                 When tested under the current requirements of part 36 for manned
                aircraft, the noise generated by many UA could be lost in the ambient
                background noise at the reference altitude of 492 feet required in part
                36 appendix J, while the noise in their proposed operating environments
                would be more apparent to persons near it.
                 The use of distributed electric propulsion and a high level of
                automated control at each rotor allow UA to operate with a variety of
                profiles, unlike those of larger manned aircraft. The complex vortex
                field created by the interaction of the rotors, combined with the
                airframe, can cause such aircraft to exhibit highly tonal spectral
                content and unique noise directivity patterns that are often coupled
                with the vehicle flight dynamics and flight profiles. Such noise
                characteristics and flight profiles have not been considered previously
                under the standards and testing contained in part 36 and its
                appendices. These noise characteristics and flight profiles are
                examples of the factors that caused the FAA to test these aircraft and
                gather consistent data as a means to understand their relevance and
                eventual use in informing future standards generally applicable to UA.
                 Effective generally applicable noise rules require a base of data
                gathered from a test environment common for all aircraft, and
                certifications of unmanned aircraft such as this one represent the
                early stages of such data gathering. At present, the FAA does not have
                a sufficient database of information about the noise generated by most
                UA models to establish generally applicable noise standards, due to
                their novelty and variety. While small UA have operated under part 107
                for several years, those aircraft do not have type or airworthiness
                certificates, and did not require noise testing; only limited noise
                data on those smaller models has been collected, and most of the
                collected data was acquired in a manner inconsistent with formal noise
                certification test conditions.
                 As industry seeks both type and airworthiness certification for UA
                to allow operation under part 91 or commercial operation under part
                135, a commensurate shift in the noise certification paradigm is
                occurring as a means to capture new operational concepts that will be
                reflected in future regulations. While the FAA will continue to build a
                database of noise characteristics as it engages with certification
                applicants, such data gathering takes time and requires input about a
                number of models and designs before the influences of design on noise
                can be fully understood. FAA expects to use data collected through this
                proposed rule to inform future particularly and generally applicable
                standards.
                 Matternet applied for type certification of its aircraft on May 18,
                2018. The aircraft is a quadcopter design UA with a maximum takeoff
                weight of 29 pounds including a 4-pound payload, and a proposed
                operating altitude of 400 feet or lower. Since the FAA has found that
                the current noise certification standards cannot be effectively applied
                to the Matternet Model M2 UA, in order to fulfill the statutory
                requirement under section 44715(a)(3), the FAA is proposing a set of
                noise certification standards described in this Rule of Particular
                Applicability that would apply only to the Matternet model M2.
                 Without this proposed rule, Matternet would be unable to
                certificate its aircraft until such time as the FAA was able to
                establish a rule of general applicability for UA noise certification.
                The benefits of this proposal include establishing a noise
                certification basis for Matternet to seek type certification, the
                fulfillment of the FAA's obligation to provide noise standards under 49
                U.S.C. 44715, and the collection of additional data that will be used
                to inform the development of a larger UA noise database from which
                future standards of general applicability may be developed.
                III. Discussion of the Proposal
                 This proposed rule presents only the noise certification basis for
                one new model of UA seeking type certification, the Matternet M2.
                Nothing in this proposed rule is intended to affect the airworthiness
                certification of this aircraft model or any operational approvals.\1\
                Those findings are made separately by the FAA in accordance with the
                applicable aircraft certification and operating rules.
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                 \1\ In addition, this rule neither assesses the environmental
                impacts of any eventual operation of the subject aircraft, nor
                constitutes any environmental review that may be required by the FAA
                before granting operational approval. Any such environmental review
                would be completed in advance of granting operational approval(s).
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                 When an applicant presents an aircraft (of any type) for
                certification, the FAA must determine which among its many regulations
                apply to the aircraft presented. This is true for airworthiness
                standards and noise standards. This is an iterative process, during
                which the FAA determines the standards and processes that apply, taking
                into account any new or novel features of the aircraft. The FAA works
                closely with the applicant to ensure that the applicant understands
                what standards apply, and what must be demonstrated during
                certification.
                 As previously discussed, in the case of the Matternet model M2 UA,
                the FAA reviewed part 36, including its appendices, and determined that
                while the subject aircraft has some characteristics that are similar to
                a small helicopter that would be noise certificated under appendix J,
                the differences require noise certification test criteria and standards
                tailored to the size and features of the UA. The FAA then worked with
                Matternet to understand the novel features and expected operating
                environment of the aircraft so that the FAA could determine the
                appropriate modifications and additions to the limits and procedures to
                develop a complete noise certification basis that would effectively
                profile the aircraft. The results of the agency's assessments are
                presented in this proposed rule. The proposed rule text is annotated at
                the beginning of each paragraph to indicate similar requirements in
                appendix J for those unfamiliar with noise certification requirements.
                The requirements presented in this proposal stand alone for
                certification of the M2 aircraft.
                 In addition to the data gathered for noise certification of the
                model M2, the applicant has agreed to conduct another test and give the
                resulting data to the FAA to inform the larger database of noise
                experience with UA. Data from the supplemental test are not part of the
                type or airworthiness certification basis of the aircraft and will not
                be evaluated against any noise limits or regulatory criteria for noise
                certification purposes.
                 The supplemental test is designed to gather further information on
                an aircraft that is capable of hovering. The FAA developed the
                supplemental testing procedure with a consideration toward minimal test
                efforts; for example, no new or extra equipment is required.
                Additionally, rather than placing microphones at different spatial
                locations, the microphone is placed at height 4 feet above the ground
                in accordance with paragraph (22) of this proposed rule and remains in
                place.
                Differences From Generally Applicable Noise Regulations
                 As stated above, the FAA began its determination of the noise
                certification basis for the Matternet M2 aircraft using the outline of
                standards and procedures for small helicopters. To compensate for
                [[Page 48283]]
                the novel aircraft design features, including the size, propulsion
                system, and proposed flight operations, the FAA proposes the following
                new standards for inclusion in the M2 noise certification basis:
                 1. The reference altitude for the level flyover test is 250 feet
                (rather than 492 feet in appendix J), item 6 in the proposed standard.
                This lower reference altitude addresses the nominal altitude for this
                UA, and was determined to be representative of the lowest cruise
                altitude for this UA based on operational data provided by the
                applicant. A major consideration in choosing reference altitude was the
                ability to collect sufficient noise signals that exceeded the
                background (ambient) noise at a typical test site (maintaining an
                acceptable signal-to-noise ratio). As tests are conducted, an applicant
                may be directed by the FAA to fly the aircraft at an altitude lower
                than the reference height to achieve a signal-to-noise ratio that meets
                the certification test requirements. If that occurs, the noise data
                collected at the actual test altitude would be mathematically adjusted
                to the reference altitude after the testing is complete. All such
                adjustments would be included in the test report.
                 2. The reference airspeeds for flyover testing are: (a) Maximum
                flight speed at empty weight; and (b) highest cruise speed at maximum
                takeoff weight, (rather than a single reference speed as is used for
                small helicopters), paragraph (6)(c) in the proposed rule. Although
                both speed and aircraft weight contribute to noise generation, the FAA
                does not have sufficient data regarding these two factors to know which
                dominates in UA designs such as the Matternet model M2. The proposed
                rule requires the aircraft to be tested at two sets of reference
                conditions to address the potential noise conditions over a range of
                operations determined to be representative of the aircraft operation.
                 3. The sound exposure level limit is 78 dB at the prescribed new
                reference level flyover altitude of 250 feet. Two considerations
                resulted in this new limit. The first consideration accounts for the
                lower reference altitude, which, without a consideration for weight,
                would increase the noise to 85.7 dB, or 3.7 dB higher than 82 dB in
                appendix J for a small helicopter weighting less than 3,215 lbs. and
                flying at reference altitude of 492 ft. The second consideration is for
                aircraft weight. The curve that flattens out at 82 dB in appendix J
                applies to small manned helicopters weighing between 0 and 3,125 lbs.;
                this curve was simplified to include the possibility of manned
                ultralight helicopters of unknown weight. In evaluating the Matternet
                M2 noise, the noise curve section reduced at a constant, resulting in
                the limit proposed here, which is 7.7 dB lower. The two adjustments
                together yields the new noise limit of 78 dB (78 = 82 + 3.7-7.7).
                 This proposed rule also contains updated terminology, equipment
                references, recording standards, and relevant best practices that have
                become standard in the industry since appendix J was first adopted in
                1992 and are used in current noise certification. As an example, the
                FAA included more detailed requirements for the area immediately
                surrounding a test microphone regarding the condition of the ground
                surface, which is expected to be more sensitive to smaller aircraft
                with a single microphone arrangement. Such additions were sourced from
                FAA guidance materials and agency orders.
                 This proposed rule also includes the requirement to create and get
                approval for a test plan, which is used during certification testing
                but may be unfamiliar to newer certification applicants. An applicant
                seeking noise type certification must prepare a test plan when testing
                is required to demonstrate compliance to the regulations. The applicant
                should submit the test plan early enough to allow the FAA time to
                review and approve the test plan before the planned start of testing. A
                test plan typically contains descriptions of the aircraft, equipment,
                calibration procedures, and test procedures.
                 The FAA seeks specific input from interested persons concerning the
                considerations the agency used to select the proposed reference test
                height of 250 feet AGL for flyover noise testing of UAS, as discussed
                here. Commenters are encouraged to submit any data that supports the
                use of different considerations that would be appropriate for aircraft
                of this type.
                IV. Regulatory Notices and Analyses
                A. Executive Order 12866, Regulatory Planning and Review
                 This proposed rule of particular applicability is not subject to
                review under Executive Order 12866, Regulatory Planning and Review, as
                that Executive Order applies only to rules of general applicability.
                B. Regulatory Flexibility Act
                 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 objectives of the rule and of applicable
                statutes, to fit regulatory and informational requirements to the scale
                of the businesses, organizations, and governmental jurisdictions
                subject to regulation.'' To achieve 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 proposed 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 proposed 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.
                 This proposed rule only impacts Matternet, which is considered a
                small business based on the U.S. Small Business Administration (SBA)
                size standards. The SBA lists small business size standards based on
                the North American Industry Classification System (NAICS). NAICS code
                336411 is titled ``Miscellaneous Aircraft Manufacturing,'' and includes
                the manufacture of unmanned and robotic aircraft. The SBA defines
                industries within this code to be small if they employ 1,500 employees
                or less.
                 The FAA expects this proposed rule of particular applicability
                would have small costs for Matternet to conduct tests and gather data.
                These would be one-time test costs representing a very small cost
                relative to the overall costs of seeking of type certification. This
                proposed rule would benefit Matternet by enabling a noise certification
                basis for it to complete the type certification it seeks. The FAA
                expects this proposed rule would not have a significant economic impact
                on Matternet.
                 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, based on the foregoing discussion, 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. The FAA requests comments on this certification.
                [[Page 48284]]
                C. International Trade Impact
                 The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
                Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
                agencies from establishing standards or engaging in related activities
                that create unnecessary obstacles to the foreign commerce of the United
                States. Pursuant to these Acts, the establishment of standards is not
                considered an unnecessary obstacle to the foreign commerce of the
                United States, so long as the standard has a legitimate domestic
                objective, such as the protection of safety, and does not operate in a
                manner that excludes imports that meet this objective. The statute also
                requires consideration of international standards and, where
                appropriate, that they be the basis for U.S. standards. The FAA has
                determined this proposed rule would not present any obstacle to foreign
                commerce of the United States. In addition, this proposed rule is not
                contrary to international standards since no international standards
                for UA noise certification exist.
                D. Unfunded Mandates Reform Act
                 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. This proposed 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 FAA has determined that
                this proposed rule does not impose any new requirement for information
                collection covered by the Act.
                F. International Compatibility
                 The FAA remains actively involved in the International Civil
                Aviation Organization's (ICAO) Committee on Aviation Environmental
                Protection (CAEP) and CAEP's Working Group 1 that addresses aircraft
                noise. Working Group 1 began activities to address noise from UA in
                2013. There are at present no noise or other environmental standards
                for UA that have been adopted into ICAO Annex 16. The FAA has
                determined that there are no ICAO Standards and Recommended Practices
                that correspond to these proposed regulations so as to require
                conformance.
                 While the FAA has begun type and noise certification of UA, the
                European Union Aviation Safety Agency (EASA) has focused on operational
                regulations. In March 2020, EASA published its Easy Access Rules for
                Unmanned Aircraft (Regulation 2019/947 and delegated regulation 2019/
                945), which contain the applicable rules and procedures for the
                operation of unmanned aircraft in the EU. While the regulations contain
                some requirements for noise measurement depending on the operating
                environment of the UA, they are limited to operations in the EU and are
                not a certification standard as is proposed here.
                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 5-6.6 (d) (Categorical Exclusions for
                Regulatory Actions) since it is a rulemaking action that proposes a
                certification test standard, and would not presume the acceptability of
                operation of any particular aircraft in any location. No extraordinary
                circumstances are involved.
                V. Executive Order Determinations
                A. Executive Order 13132, Federalism
                 The FAA has analyzed this proposed rule under the principles and
                criteria of Executive Order 13132, Federalism. The agency has
                determined that this action would 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, would not have
                Federalism implications.
                B. Executive Order 13211, Regulations That Significantly Affect Energy
                Supply, Distribution, or Use
                 The FAA analyzed this proposed 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
                would not be a ``significant energy action'' under the executive order
                and would not be likely to have a significant adverse effect on the
                supply, distribution, or use of energy.
                VI. Additional Information
                A. Comments Invited
                 The FAA invites interested persons to participate in this
                rulemaking by submitting written comments, data, or views. The agency
                also invites comments relating to the economic, environmental, energy,
                or federalism impacts that might result from adopting the proposals in
                this document. The most helpful comments reference a specific portion
                of the proposal, explain the reason for any recommended change, and
                include supporting data. To ensure the docket does not contain
                duplicate comments, commenters should send only one copy of written
                comments, or if comments are filed electronically, commenters should
                submit only one time.
                 The FAA will file in the docket all comments it receives, as well
                as a report summarizing each substantive public contact with FAA
                personnel concerning this proposed rulemaking. Before acting on this
                proposal, the FAA will consider all comments it receives on or before
                the closing date for comments. The FAA will consider comments filed
                after the comment period has closed if it is possible to do so without
                incurring expense or delay. The agency may change this proposal in
                light of the comments it receives.
                 Confidential Business Information: Confidential Business
                Information (CBI) is commercial or financial information that is both
                customarily and actually treated as private by its owner. Under the
                Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
                public disclosure. If your comments responsive to this NPRM contain
                commercial or financial information that is customarily treated as
                private, that you actually treat as private, and that is relevant or
                responsive to this NPRM, it is important that you clearly designate the
                submitted comments as CBI. Please mark each page of your submission
                containing CBI as ``PROPIN.'' The FAA will treat such marked
                submissions as confidential under the FOIA, and they will not be placed
                in the public docket of this NPRM. Submissions containing CBI should be
                sent to Hua (Bill) He, Federal Aviation Administration, Office of
                Environment and Energy, 800 Independence Ave. SW, Room 900
                [[Page 48285]]
                West, Washington, DC 20591; telephone (202) 267-3565; email
                [email protected]. Any commentary that the FAA receives which is not
                specifically designated as CBI will be placed in the public docket for
                this rulemaking.
                B. Availability of Rulemaking Documents
                 An electronic copy of rulemaking documents may be obtained from the
                internet by--
                 1. Searching the Federal eRulemaking Portal (www.regulations.gov);
                 2. Visiting the FAA's Regulations and Policies web page at
                www.faa.gov/regulations_policies or
                 3. Accessing the Government Printing Office's web page at
                www.GovInfo.gov.
                 Copies may also be obtained by sending a request to the Federal
                Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
                Avenue SW, Washington, DC 20591, or by calling (202) 267-9680.
                Commenters must identify the docket or notice number of this
                rulemaking.
                 All documents the FAA considered in developing this proposed rule,
                including economic analyses and technical reports, may be accessed from
                the internet through the Federal eRulemaking Portal referenced in item
                (1) above.
                The Proposed Noise Certification Basis
                 In consideration of the foregoing, and under the authority of Title
                49 of the United States Code, section 44715(a), the Federal Aviation
                Administration proposes that the following standards and procedures
                apply as the noise certification basis of the Matternet M2 model
                aircraft.
                 All statutory references in this Rule of Particular Applicability
                (rule) refer to Title 49 of the United States Code. All regulatory
                references refer to Title 14 of the Code of Federal Regulations, part
                21 or part 36 and its appendices, unless otherwise cited.
                 Noise Certification Requirements for the Matternet M2 Model
                Aircraft:
                 (1) General: The requirements and limitations of 14 CFR 36.3 and
                36.6 apply to the Matternet M2 model aircraft, except as described
                herein.
                 (a) Limitations (Reference Sec. 36.5, as modified): Pursuant to 49
                U.S.C. 44715(b)(4), the noise level in this Rule of Particular
                Applicability (rule) has been determined to be as low as is
                economically reasonable, technologically practicable, and appropriate
                for this aircraft. No determination is made that these noise levels are
                or should be acceptable or unacceptable for operation at, into, or out
                of, any airport, landing or launch pad, community, or any other
                environment that may be impacted or is sensitive to noise.
                 (b) Acoustical Change (Reference Sec. 36.9 as modified): If, after
                type certification using the requirements stated herein, the aircraft
                incorporates a change in type design, the changed design is subject to
                an acoustical change analysis and approval in accordance with Sec.
                21.93(b). After such change in design, the aircraft may not
                subsequently exceed the noise limits specified in this rule.
                 (2) Noise Measurement (Reference Sec. 36.801, as modified): The
                noise generated by the aircraft must be measured at the noise measuring
                point and under the test conditions prescribed in paragraphs (7)
                through (23) of this rule, or using an equivalent procedure approved by
                the FAA before testing. Any procedure not approved by the FAA before a
                test is performed is subject to disapproval and may require the
                aircraft to be retested using an approved procedure.
                 (3) Noise Evaluation (Reference Sec. 36.803, as modified): The
                noise measurement data required by paragraph (2) of this rule must be
                obtained using the test procedures in paragraphs (7) through (23) of
                this rule, and:
                 (a) Corrected to the reference conditions contained in paragraphs
                (5) and (6) of this rule; and
                 (b) Evaluated using the procedures in paragraphs (24) through (26)
                of this rule, or using an FAA-approved equivalent procedure. Any
                procedure not approved by the FAA before a test is performed is subject
                to disapproval and may require the aircraft to be retested using an
                approved procedure.
                 (4) Noise Limits (Reference Sec. 36.805, as modified): Compliance
                with the noise limits prescribed in paragraphs (28) and (29) of this
                rule must be shown for this aircraft for which application for issuance
                of a type certificate in the special class is made under part 21.
                 (5) Reference Conditions--General (Reference part 36 appendix J,
                section J36.1, as modified): Paragraphs (6) through (29) of this rule
                prescribe the noise certification requirements for this aircraft
                including:
                 (a) The conditions under which each noise certification test must
                be conducted and the measurement procedure that must be used to measure
                the aircraft noise during the test;
                 (b) The procedures that must be used to correct the measured data
                to the reference conditions, and to calculate the noise evaluation
                quantity designated as the A-weighted Sound Exposure Level (SEL,
                denoted by symbol LAE); and
                 (c) The noise limit with which compliance must be shown.
                 (6) Reference Conditions--Test (Reference part 36 appendix J,
                section J36.3, as modified):
                 (a) Meteorological Conditions--The following are the noise
                certification reference atmospheric conditions that are assumed to
                exist from the surface to the aircraft altitude:
                 i. Sea level pressure of 2,116 pounds per square foot (76
                centimeters of mercury);
                 ii. Ambient temperature of 77 degrees Fahrenheit (25 degrees
                Celsius);
                 iii. Relative humidity of 70 percent; and
                 iv. Zero wind.
                 (b) Reference test site. The reference test site is flat and
                without line-of-sight obstructions, including any area across the
                flight path that is long enough to encompass the 10 dB down points of
                the A-weighted time history.
                 (c) Level flyover reference profile. For UA, the reference flyover
                profile is a level flight, 250 feet (76.2 meters) above ground level as
                measured at the noise measuring station. The reference flyover profile
                has a linear flight track and passes directly over the noise monitoring
                station. The applicable reference airspeed is stabilized and maintained
                throughout the measured portion of the flyover. Rotor speed is normal
                operating RPM throughout the 10 dB-down time interval. For UA,
                applicable reference airspeeds are:
                 i. Vmax ~ 0.9VNE, where VNE is the
                never-exceed airspeed (at empty weight).
                 ii. Vcruise ~VH, where VH is the
                maximum performance airspeed (at maximum certificated takeoff weight
                (MTOW)),
                 (d) Two series of flyover tests are required. Each series must be
                flown at the weight and applicable reference speed conditions as
                follows:
                 i. MTOW (inclusive of payload) and Vcruise; and
                 ii. Empty weight (no payload) and Vmax.
                 (7) Noise Measurement Procedures--General (Reference part 36,
                appendix J, section J36.101(a) as modified): Paragraphs (8) through
                (10) of this rule prescribe the conditions under which the aircraft
                noise certification tests must be conducted, and the measurement
                procedures that must be used to measure the aircraft noise during each
                test.
                 (8) Test site requirements (Reference: Part 36, appendix J, section
                J36.101(b), as modified):
                 (a) The noise measuring station must be surrounded by terrain
                having no
                [[Page 48286]]
                excessive sound absorption characteristics, such as might be caused by
                thick, matted, or tall grass, shrubs, wooded areas, or loose soil.
                Grass is acceptable if mowed to 3 inches or less in a 25 foot radius
                around any sound measuring stations.
                 (b) During the period when the flyover noise measurement is within
                10 dB of the maximum A-weighted sound level, no obstruction that
                significantly influences the sound field from the aircraft may exist
                within a conical space above the noise measuring position (the point on
                the ground vertically below the microphone). The cone is defined by an
                axis normal to the ground and by half-angle 80 degrees from this axis.
                 (9) Weather restrictions (Reference: Part 36, appendix J, section
                J36.101(c) as modified): Each test must be conducted under the
                following atmospheric conditions:
                 (a) No rain or other precipitation.
                 (b) Ambient air temperature between 36 degrees and 95 degrees
                Fahrenheit (2 degrees and 35 degrees Celsius), inclusively, and
                relative humidity between 20 percent and 95 percent inclusively, except
                that testing may not take place where combinations of temperature and
                relative humidity result in a rate of atmospheric attenuation greater
                than 10 dB per 100 meters (30.5 dB per 1,000 feet) in the one-third
                octave band centered at 8 kiloHertz.
                 (c) Wind velocity that does not exceed 10 knots (19 km/h) and a
                crosswind component that does not exceed 5 knots (9 km/h). The wind
                must be determined using a continuous averaging process of no greater
                than 30 seconds.
                 (d) Measurements of ambient temperature, relative humidity, wind
                speed, and wind direction must be made between 4 feet (1.2 meters) and
                33 feet (10 meters) above the ground. Unless otherwise approved by the
                FAA, ambient temperature and relative humidity must be measured at the
                same height above the ground.
                 (e) No anomalous wind conditions (including turbulence) or other
                anomalous meteorological conditions that could significantly affect the
                noise level of the aircraft when the noise is recorded at the noise
                measuring station.
                 (f) If the measurement site is within 6,560 feet (2,000 meters) of
                a fixed meteorological station (such as those found at airports or
                other facilities), the weather measurements reported at that station
                may be used for temperature, relative humidity and wind velocity, when
                approved by the FAA before the test is conducted. The use of
                measurements reported at a fixed meteorological station, if not
                approved by the FAA before a test is performed, may cause the test to
                be disapproved and require that the aircraft be retested.
                 (10) Aircraft test procedures (Reference part 36, appendix J,
                section J36.101(d), as modified):
                 (a) The aircraft test procedures and noise measurements must be
                conducted and processed in a manner that yields the noise evaluation
                measure designated LAE, as defined in paragraph (17) of this
                rule.
                 (b) The aircraft height relative to the noise measurement point
                sufficient to make corrections required in paragraph (26) of this rule
                must be determined by an FAA-approved method that is independent of
                normal flight instrumentation, such as a Differential Global
                Positioning System (DGPS), or photographic scaling techniques. The
                aircraft position in three dimensions relative to the microphone must
                be monitored and recorded at all times during the test and data
                collection, with correlation via time synchronization to the acoustic
                noise data collection. The accuracy of the aircraft location system,
                and all sources of inaccuracy, along with possible error introduction
                when correlating to measured and recorded noise (inaccuracies of timing
                devices and methods), must be determined and reported. A description of
                the aircraft location system and its accuracy must be included as part
                of the noise test plan required by paragraph (31) of this rule, and
                approved by the FAA before use.
                 (c) If an applicant demonstrates that the design characteristics of
                the aircraft would prevent flight from being conducted in accordance
                with the reference test conditions prescribed in paragraph (6) of this
                rule, then the applicant may request a variance in reference test
                conditions to be used. Any variance from standard reference test
                conditions is limited to that required for the subject aircraft design
                characteristics that make compliance with the reference test conditions
                impossible.
                 (11) Flyover Test Conditions (Reference part 36, appendix J,
                section J36.105(a), as modified): Paragraphs (12) through (15) of this
                rule prescribe the flight test conditions and allowable random
                deviations for flyover noise tests conducted to demonstrate compliance
                with this rule.
                 (12) Level flight height and lateral path tolerances (Reference
                part 36, appendix J, section J36.105(b), as modified): A test series
                must consist of at least six flights. The number of level flights made
                with a headwind component must be equal to the number of level flights
                made with a tailwind component over the noise measurement station:
                 (a) In level flight and in cruise configuration;
                 (b) At the test height above the ground level over the noise
                measuring station as defined in paragraph (6) of this rule. For the
                selected height, the vertical tolerance of this height should be 10% value; and
                 (c) Within 10 degrees from the zenith.
                 (13) Airspeed and Controls (Reference part 36, appendix J, section
                J36.105(c), as modified): Each flyover noise test flight must be
                conducted:
                 (a) At the reference airspeed specified in paragraph (6)(c) of this
                rule; and
                 (b) With the flight controls stabilized during the period when the
                measured aircraft noise level is within 10 dB of the maximum A-weighted
                sound level (LAmax).
                 (14) Aircraft weight (Reference part 36, appendix J, section
                J36.105(d), as modified): For the weight at which noise certification
                is requested, the aircraft test weight for each flyover test series
                must be specified for:
                 (a) MTOW (inclusive of payload); and
                 (b) Empty weight (no payload).
                 (15) Flyover height adjustment (Reference part 36, appendix J,
                section J36.105(e), as modified): If ambient noise at the measurement
                station, measured in accordance with paragraphs (17) through (21) of
                this rule, is found to be within 15 A-weighted decibels (dB(A)) of the
                A-weighted aircraft noise level (LAmax), measured at the
                same location, the applicant may request the FAA approve an alternate
                flyover height. If an alternate flyover height is approved, the results
                must be adjusted to the reference flyover height specified in paragraph
                (6)(c) of this rule using an FAA-approved method.
                 (16) Supplemental hover test conditions--This is a supplemental
                test to collect data for assessment of community noise impacts, and to
                inform later general noise and test standards for UA. This supplemental
                test does not require compliance with a noise limit and does not affect
                the noise certification findings for the subject aircraft.
                 The aircraft is required to hover at different spatial locations
                relative to the microphone in accordance with subparagraphs (a) through
                (f) of this paragraph.
                 (a) The aircraft must be at MTOW, inclusive of maximum payload
                weight of cargo.
                 (b) To ensure that the widest dimensional profile of the noise
                source is captured in the recordings, for each aircraft attitude
                heading (0, 90, 180 and
                [[Page 48287]]
                270 degrees) relative to the microphone position for hover conditions
                described in paragraphs (16)(c) and (d) of this rule, stabilize the
                aircraft in hover and record the sound in accordance with paragraph
                (16)(f) of this rule.
                 (c) Hover condition #1 (sound elevation angle at zero degrees): The
                aircraft maintains a hover condition at a lateral distance of 20 feet
                to the microphone and at 4 feet AGL (rotors in the same plane as the
                microphone). Test when the conditions are optimal for minimal influence
                of wind on the noise recording.
                 (d) Hover condition #2 (sound elevation angle at 45 degrees): The
                aircraft maintains a hover condition at a lateral distance of 20 feet
                to the microphone position and at 20 feet AGL. Test when the conditions
                are optimal for minimal influence of wind on the noise recording.
                 (e) Hover condition #3 (overhead, or sound elevation angle at 90
                degrees): The aircraft maintains a hover condition at 20 feet AGL and
                hold centered within a one foot radial over the microphone location.
                 (f) For the noise measurements at each hover condition, record the
                value of the equivalent sound level (Leq) and SPL in \1/3\ octave bands
                for a minimum of 30 seconds for each of the test conditions (paragraphs
                16(c) through (e) of this rule).
                 (g) The tolerance of the hover height or lateral distance is within
                1 ft., and the tolerance of the headings is within 5 degrees.
                [GRAPHIC] [TIFF OMITTED] TN27AU21.007
                 (17) Measurement of aircraft noise received on the ground--General
                (Reference: Part 36, appendix J, section J36.109(a), as modified):
                Aircraft noise measurements made for the purpose of noise certification
                in accordance with the requirements of this regulation must be obtained
                using:
                 (a) The noise evaluation metric prescribed in paragraph (18) of
                this rule;
                 (b) Acoustic equipment that meets the specifications prescribed in
                paragraphs (19) and (20) of this rule; and
                 (c) The calibration and measurement procedures prescribed in
                paragraphs (21) and (22) of this rule.
                 (18) Measurement of aircraft noise received on the ground--Noise
                unit definition (Reference part 36, appendix J, section J36.109(b), as
                modified):
                 (a) The sound exposure level, as expressed in LAE, is
                defined as the level, in decibels, of the time integral of squared `A'-
                weighted sound pressure (PA) over a given time period or
                event, with reference to the square of the standard reference sound
                pressure (P0) of 20 micropascals and a reference duration of
                one second.
                 (b) The sound exposure level in units of decibels (dB) is defined
                by the expression:
                [GRAPHIC] [TIFF OMITTED] TN27AU21.008
                 Where T0 is the reference integration time of one second
                and (t2-t1) is the integration time interval.
                 (c) The integral equation of paragraph (18)(b) can also be
                expressed as:
                [[Page 48288]]
                [GRAPHIC] [TIFF OMITTED] TN27AU21.009
                 Where LA(t) is the time varying A-weighted sound level.
                 (d) The integration time (t2-t1) in practice
                must not be less than the time interval during which LA(t)
                first rises to within 10 dB(A) of its maximum value (LAmax)
                and last falls below 10 dB(A) of its maximum value.
                 (19) Measurement of Aircraft Noise Received on the Ground--
                Measurement System (Reference part 36, appendix J, section J36.109(c),
                as modified):
                 (a) Acoustical measurement system instrumentation must be
                equivalent to the following and approved by the FAA:
                 i. A microphone system with frequency response that is compatible
                with the measurement and analysis system accuracy prescribed in
                paragraph (20) of this rule;
                 ii. Tripods or similar microphone mountings that minimize
                interference with the sound energy being measured; and
                 iii. Recording and reproducing equipment with characteristics,
                frequency response, and dynamic range that are compatible with the
                response and accuracy requirements of paragraph (20) of this rule.
                 (b) The calibration and checking of measurement systems must be
                accomplished in accordance with the procedures described in part 36,
                appendix A, section A36.3.9.
                 (20) Measurement of Aircraft Noise Received on the Ground--Sensing,
                recording, and reproducing equipment (Reference part 36, appendix J,
                section J36.109(d), as modified):
                 (a) The sound pressure time-history (audio) signals obtained from
                aircraft flyovers under this paragraph must be recorded digitally at a
                minimum sample rate of 44 kilohertz (kHz) for a minimum bandwidth of 20
                hertz (Hz) to 20 kHz, and encoded using a minimum of 16 bit linear PCM
                (or equivalent) during analog to digital conversion. Digital audio
                recording must also meet the additional requirements specified in part
                36, appendix A, section A36.3.6 ``Recording and Reproducing Systems.''
                 (b) The LAE value from each flyover and A-weighed Leq
                (LAeq) values from each hover test flight condition may be
                determined directly from an integrating sound level meter that meets
                the specifications of International Electrotechnical Commission (IEC)
                Standard 61672-1 (2013) for a Class 1 instrument set at ``slow''
                response.
                 (c) The acoustic signal from the aircraft, along with the
                calibration signals specified in paragraph (21) and the background
                noise signal required by paragraph (22) of this rule, must be recorded
                in a digital audio format as specified in paragraph (20)(a) of this
                rule for subsequent analysis for an integrating sound level meter
                identified in paragraph (20)(b) of this rule. The record/playback
                system must conform to the requirements prescribed in part 36, appendix
                A, section A36.3.6 ``Recording and Reproducing Systems''. The recorder
                must comply with the specifications of IEC standard 61265 2nd edition
                (2018).
                 (d) The characteristics of the complete system must meet the
                specifications of IEC standard 61672-1 for the microphone, amplifier,
                and indicating instrument characteristics.
                 (e) The response of the complete system to a plane, progressive
                wave of constant amplitude must lie within the tolerance limits
                specified for Class 1 instruments in IEC standard 61672-1 for weighting
                curve ``A'' over the frequency range of 45 Hz to 20 kHz.
                 (f) A windscreen must be used with the microphone during each
                measurement of the aircraft flyover noise. Correction for any insertion
                loss produced by the windscreen, as a function of the frequency of the
                acoustic calibration required by paragraph (21) of this rule, must be
                applied to the measured data, and each correction applied must be
                included in the test report.
                 (21) Measurement of Aircraft Noise Received on the Ground--
                Calibrations (Reference part 36, appendix J, section J36.109(e), as
                modified):
                 (a) For the aircraft acoustic signal recorded for subsequent
                analysis, the measuring system and components of the recording system
                must be calibrated as prescribed in Title 14 CFR, part 36, appendix A.
                 (b) If the aircraft acoustic signal is measured directly using an
                integrating sound level meter:
                 i. The overall sensitivity of the measuring system must be checked
                before and after the series of flyover tests and at intervals (not
                exceeding a two-hour duration) during the flyover tests using an
                acoustic calibrator generating a sinusoidal signal at a known sound
                pressure level and at a known frequency.
                 ii. The performance of equipment in the system is considered
                satisfactory if, during each day's testing, the variation in the
                measured value for the acoustic calibrator does not exceed 0.5 dB. The
                LAE data collected during the flyover tests must be adjusted
                to account for any variation in the calibration value.
                 iii. A performance calibration analysis of each piece of
                calibration equipment, including acoustic calibrators, reference
                microphones, and voltage insertion devices, must have been made during
                the six calendar months preceding the beginning of the aircraft flyover
                series. Each calibration must be traceable to the National Institute of
                Standards and Technology.
                 (22) Measurement of Aircraft Noise Received on the Ground--Noise
                measurement procedures (Reference part 36, appendix J, section
                J36.109(f), as modified):
                 (a) The microphone must be of a pressure-sensitive capacitive type
                designed for nearly uniform grazing incidence response. The microphone
                must be mounted with the center of the sensing element 4 feet (1.2
                meters) above the local ground surface and must be oriented for grazing
                incidence such that the sensing element (diaphragm) is substantially in
                the plane defined by the nominal flight path of the aircraft and the
                noise measurement station. A microphone that satisfies the requirements
                of this paragraph must be used when determining compliance with the
                noise limit prescribed in paragraph (29) of this rule.
                 (b) For each aircraft acoustic signal recorded for subsequent
                analysis, the frequency response of the electrical system must be
                determined at a level within 10 dB of the full-scale reading used
                during the test.
                 (c) The background noise, including both ambient acoustical sound
                present at the microphone site and electrical noise of the measurement
                systems, must be determined in the test area and the system gain set at
                levels which will be used for aircraft noise measurements. If aircraft
                sound levels do not exceed the background sound levels by at least 15
                dB(A), flyovers at an FAA-approved lower height may be used; the
                results must be adjusted to the reference measurement point by an FAA-
                approved method.
                 (d) When an integrating sound level meter is used to measure the
                aircraft noise, the instrument operator must monitor the continuous A-
                weighted (slow response) noise levels throughout each flyover to ensure
                that the A-weighted sound exposure level (LAE) integration
                process includes, at
                [[Page 48289]]
                minimum, all of the noise signal between the LAmax and the
                10 dB down points in the flyover time history. The instrument operator
                must note the actual dB(A) levels at the start and stop of the
                LAE integration interval and document these levels along
                with the value of LAmax and the integration interval (in
                seconds) for inclusion in the noise data submitted as part of the
                reporting requirements in paragraph (23) of this regulation.
                 (23) Data Reporting--General (Reference part 36, appendix J,
                section J36.111(a), as modified): Data representing physical
                measurements, and corrections to that measured data, including
                corrections to measurements for equipment response deviations, must be
                recorded in permanent form and appended to the test reports required by
                this rule. Each correction is subject to FAA approval.
                 (24) Data Submission (Reference part 36, appendix J, section
                J36.111(b), as modified): After the completion of all certification
                tests required by this rule, the following must be submitted to the
                FAA:
                 (a) A test report containing the following:
                 (i) Measured and corrected sound levels obtained with equipment
                conforming to the standards prescribed in paragraphs (17) through (22)
                of this rule;
                 (ii) A description of the equipment and systems used for
                measurement and analysis of all acoustic, aircraft performance and
                flight path, and meteorological data;
                 (iii) The atmospheric environmental data required to demonstrate
                compliance with this rule, as measured throughout the test period;
                 (iv) Conditions of local topography, nearby ground cover (if any),
                or events that may have interfered with a sound recording;
                 (v) The following aircraft information:
                 (A) Type, model, and serial numbers, if any, of aircraft, engine(s)
                and rotor(s) and/or propellers tested;
                 (B) Gross dimensions of aircraft, location of engines or motors,
                rotors or propellers, number of blades for each rotor or propeller, and
                the range of rotational speeds of the rotors;
                 (C) MTOW at which certification under this rule is requested;
                 (D) Aircraft configuration, including landing gear positions;
                 (E) Aircraft Airspeeds: VNE and Vmax for both
                empty weight and maximum payload configuration, or for maximum range,
                whichever is greatest, and applicable as reference and operational
                airspeeds;
                 (F) Aircraft gross weight for each test run;
                 (G) Indicated and true airspeed for each test run; if indicated and
                true airspeed for each run are not available, then ground speed as
                measured from a DGPS, or from an alternate method, may be approved by
                the FAA;
                 (H) Ground speed, if measured, for each run;
                 (I) Aircraft engine performance as determined from aircraft
                instruments and manufacturer's data; and
                 (J) Aircraft flight path above ground level, referenced to the
                microphone position of the noise measurement station, in feet,
                determined using an FAA-approved method that is independent of normal
                flight instrumentation, such as DGPS or photo scaling techniques at the
                microphone location;
                 (vi) Aircraft position and performance data necessary to make the
                adjustments prescribed in paragraph (27) of this rule and to
                demonstrate compliance with the performance and position restrictions
                prescribed in paragraphs (11) through (16) of this rule; and
                 (vii) The aircraft position in three dimensions and orientation
                (for hover) relative to the microphone must be monitored and recorded
                at all times during the test and data collection, with correlation via
                time synchronization to the acoustic noise data collection.
                 (b) All of the recorded audio data from all phases of all flight
                tests used to demonstrate compliance with this rule.
                 (c) All recordings and data collected during the measurement
                activity required by paragraph (16) of this rule. These data will not
                affect the outcome of this certification findings intended to
                demonstrate compliance with this rule and may be submitted separately
                from data that affects certification.
                 (25) Noise Evaluation and Calculations--Noise Evaluation Expressed
                in LAE (Reference: Part 36, appendix J, section J36.201, as
                modified): The noise evaluation measure must be expressed as the
                LAE in units of dB(A) as prescribed in paragraph (18) of
                this rule. The LAE value for each flyover may be determined
                directly using an integrating sound level meter. Specifications for the
                integrating sound level meter and requirements governing the use of
                such instrumentation are prescribed in paragraphs (17) through (22) of
                this rule.
                 (26) Noise Evaluation and Calculations--Calculation of Noise Levels
                (Reference part 36, appendix J, section J36.203, as modified):
                 (a) To demonstrate compliance with the noise level limits specified
                in paragraph (29) of this rule, the LAE noise levels from
                each valid flyover, corrected as necessary to reference conditions in
                accordance with paragraph (27) of this rule, must be arithmetically
                averaged to obtain a single LAE dB(A) mean value for each
                flyover series. No individual flyover run may be omitted from the
                averaging process, unless approved by the FAA.
                 (b) The minimum sample size acceptable for the aircraft flyover
                certification measurements is six. The number of samples must be
                sufficient to establish statistically a 90 percent confidence limit
                that does not exceed 1.5 dB(A).
                 (c) All data used and calculations performed under this paragraph,
                including the calculated 90 percent confidence limits, must be
                documented and provided in accordance with the data reporting and
                submission requirements of paragraphs (23) and (24) of this rule.
                 (27) Data Correction Procedures (Reference part 36, appendix J,
                section J36.205, as modified):
                 (a) When certification test conditions measured in accordance with
                paragraphs (7) through (23) of this rule differ from the reference test
                conditions prescribed in paragraph (6) of this rule, appropriate
                adjustments must be made to the measured noise data in accordance with
                the methods set out in paragraphs (27)(b) and (c) of this rule. At
                minimum, appropriate adjustments in accordance with paragraph (27)(b)
                of this rule must be made for off-reference altitude and for any
                difference between reference airspeed and adjusted reference airspeed
                in accordance with paragraph (27)(c) of this rule.
                 (b) The adjustment for off-reference altitude may be approximated
                from:
                >deltadeltaAE noise level to correct for an off-
                reference flight path, HT is the height, in feet, of the
                test aircraft when directly over the noise measurement point, and the
                constant (12.5) accounts for the effects on spherical spreading and
                duration from the off-reference altitude.
                 (c) The adjustment for the difference between reference airspeed
                and adjusted reference airspeed is calculated from:
                >deltadeltaAE noise level to correct for the
                influence of airspeed on the integration duration of the measured
                flyover event as received at the noise measurement station;
                VR is the reference airspeed as prescribed in
                [[Page 48290]]
                paragraph (6)(c) of this rule, and VRA is a speed adjustment
                applied to the reference airspeed to allow flying at an airspeed that
                provides the reference tip Mach speed. The reference airspeed must be
                adjusted for the atmospheric conditions on site.
                 (d) All data used and calculations performed under this paragraph
                must be documented and submitted in accordance with paragraphs (22) and
                (23).
                 (28) Noise Limit Compliance--Noise Measurement, Evaluation, and
                Calculation (Reference part 36, appendix J, section J36.301, as
                modified): In demonstrating compliance with this rule, the aircraft
                noise levels must be measured, evaluated, and calculated in accordance
                with paragraphs (7) through (26) of this rule.
                 (29) Noise Limit (Reference part 36, appendix J, section J36.305,
                as modified): The calculated noise levels of the aircraft, at the
                measuring point described in paragraphs (7) through (10) of this rule,
                must be shown to not exceed 78.0 decibels LAE at the
                reference altitude of 250 feet.
                 (30) Manuals, Markings, and Placards (Reference part 36 Sec. Sec.
                36.1501 and 36.1581, as modified):
                 (a) All procedures, weights, configurations, and information or
                data used to obtain the certified noise levels required to demonstrate
                compliance with this rule, including equivalent procedures used for
                flight, testing, and analysis, must be approved by the FAA.
                 (b) Noise levels achieved during type certification must be
                included in the approved portion of each Unmanned Aircraft Flight
                Manual for the subject aircraft. If an Unmanned Aircraft Flight Manual
                is not approved, the procedures and information must be furnished in a
                combination of manual material, markings, and placards approved by the
                FAA. The noise level information that must be included is as follows:
                 i. The noise level information must be one value for flyover as
                defined and required by these specifications; the value is determined
                at the maximum reference speed, weight and configuration in accordance
                with paragraph (6)(c) of this rule. The noise level value must also
                indicate the series from which it was determined.
                 ii. If supplemental operational noise level information is included
                in the approved portion of the Unmanned Aircraft Flight Manual, it must
                be segregated, identified as information that is provided in addition
                to the certificated noise levels, and clearly distinguished from the
                information required by paragraph (30)(b)(i) of this rule.
                 iii. The following statement must be included in each approved
                manual near the listed noise level:
                 No determination has been made by the Federal Aviation
                Administration that the noise levels of this aircraft are or should be
                acceptable or unacceptable for operation at, into, or out of any
                location or environment that may be affected by operational noise.
                 (31) Test Plan Preparation and Approval: Prior to conducting any
                testing and data collection required by this rule, the applicant must
                prepare a test plan and obtain approval of it from the FAA's Aircraft
                Certification Service, Policy & Innovation Division (P&I) (or another
                FAA employee designated by the P&I Division).
                 (32) Test Witnessing: The FAA P&I (or another FAA employee
                designated by the P&I Division) must witness the test and data
                collection required by this rule for the results to be valid for
                certification. Other acoustic focals from FAA's Aircraft Certification
                Office and Acoustic Engineer(s) from the Office of Environment and
                Energy or Volpe National Transportation Systems Center may also be
                present to observe the tests.
                 (33) Test Report Preparation and Approval: The applicant must
                prepare a report that includes all of the findings and data required
                under this rule. The report must be approved by the FAA P&I Division
                (or another FAA employee designated by the P&I Division) as a part of
                the aircraft certification record.
                 Issued in Washington, DC.
                Kevin Welsh,
                Executive Director, Office of Environment and Energy.
                [FR Doc. 2021-17769 Filed 8-26-21; 8:45 am]
                BILLING CODE 4910-13-P
                

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