14 C.F.R. § 36.0

Applicability and statements of compliance for aircraft that do not conform to a type certificate

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(a) General applicability. This part may be used by persons seeking to show compliance with noise standards for aircraft described in § 21.190, § 21.191(k), or § 21.191(l) of this chapter that do not conform to a type certificate.

(b) Compliance requirements. A person seeking to comply with this part for an aircraft described in paragraph (a) of this section must meet one of the following requirements.

(1) Use of a noise consensus standard. An aircraft described in paragraph (a) of this section may demonstrate compliance using a noise consensus standard that meets the following conditions:

(i) The noise consensus standard has been approved by the FAA; and

(ii) The noise consensus standard has been determined by the FAA to be appropriate for the aircraft.

(2) Use of noise procedures available for type certificated aircraft. An aircraft described in paragraph (a) of this section may demonstrate compliance through the procedures available for type certificated aircraft, including:

(i) A demonstration that the applicable noise limits specified in this part are not exceeded for any configuration, flight profile, or reference condition required for an aircraft to demonstrate compliance; and,

(ii) When applicable, a demonstration that any test procedures and analyses contained in a related appendix to this part have been met for any configuration, flight profile, or reference condition required.

(3) Use of alternative means of compliance. An aircraft described in paragraph (a) of this section may demonstrate compliance through one of these alternative means:

(i) Aircraft similar to a type-certificated aircraft. An aircraft that is determined by the FAA for noise purposes to be the same as or sufficiently similar in design to a type certificated aircraft described in § 36.1 may demonstrate compliance with this part by:

(A) Using the same testing requirements as the type certificated aircraft that FAA has determined for noise purposes is the same or sufficiently similar in design to the aircraft for which a person seeks to show compliance with this part; or

(B) Adopting the noise levels of the type certificated aircraft that FAA has determined for noise purposes is the same or sufficiently similar in design.

(ii) Aircraft with no similar type-certificated aircraft. A person may demonstrate compliance with this part using the noise requirements determined by the FAA to be appropriate for the aircraft.

(c) Statement of compliance. Persons seeking to show compliance with this part must meet the requirements of paragraph (b) of this section and must submit a statement of compliance to the agency.

(1) The statement of compliance must:

(i) State that the aircraft has demonstrated compliance with the applicable provisions of this part;

(ii) Include the noise levels of the aircraft, and procedures, aircraft configurations, aircraft weights, and other information employed for obtaining the demonstrated noise levels; and

(iii) Include the following statement: “No determination has been made by the Federal Aviation Administration whether the noise levels of this aircraft are or should be acceptable or unacceptable for operation in any location.”

(2) After stating compliance with the part per paragraph (c)(1) of this section, any subsequent alteration of the aircraft that increases noise would render invalid any previous statement of compliance to this part for that aircraft.

[Amdt. No. 36-55, 90 FR 35210, July 24, 2025]