Would Have Hurt Small Business, Compromised Safety

The FAA has changed a final rule that would have had a severe impact on the ability of aircraft owners to improve their aircraft, including safety enhancements. The agency recently announced it agreed with AOPA's assertions "the impact of a new noise standard on already certificated aircraft could be significant" -- which, perhaps, isn't exactly new, as the FAA conceded the same thing when the rule was initially proposed in 2004.

The final rule on single-engine airplane noise notes, "The FAA agrees with AOPA that the new standard should not apply to supplemental type certificates."

The new standards aim to reduce noise levels anywhere from 3 to 6 decibels, depending on gross weight. Under the new restrictions, a new aircraft such as a Cessna 172 (below) will have to be quieter than a lawnmower.

The FAA had originally proposed tightening the noise standards for small aircraft to bring U.S. regulations into conformity with international ICAO rules. But the rule, as it was originally written, would have applied to any change to an older aircraft that might affect its "acoustic signature."

As was reported in Aero-News in June 2004, the FAA conceded rule would have stipulated whenever a modification was made to an older aircraft that potentially altered the level and type of noise it produces -- such as adding new, more efficient propeller -- the aircraft would then have been required to comply with much harsher noise requirements.

"That could have prevented aircraft owners from making safety and utility improvements to their aircraft," said Luis Gutierrez, AOPA director of regulatory and certification policy, "and definitely hurt the small companies that offer those improvements under the supplemental type certificate (STC) process."

As AOPA requested, the FAA said the noise rule will not apply to STCs for aircraft certificated under previous standards. It will, however, apply to all airplanes for which a new original type certification application is submitted on or after February 3, 2006, and will also apply to any future STCs related to type certificates issued under the new standard.

While the decision is certainly a boon to owners of older aircraft, and the shops performing modifications to them... ANN still finds it disturbing it took the FAA 18 months to, essentially, agree with itself...

FMI: www.aopa.org, www.faa.gov