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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices 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 6c 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
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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 +
3.77.7.
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. 96354 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
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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-forprofit 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 605b 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 605b of the RFA. Therefore, based on the foregoing discussion, as provided in section 605b, 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.

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