spaschal on DSK3GDR082PROD with CFR Section 36.9 14 CFR Ch. I (1-1-19 Edition) (i) The airplane may not be a Stage 1 airplane after the change in type design; and (ii) During the flyover and lateral noise tests conducted before the change in type design, the quietest airworthiness approved configuration available for the highest approved takeoff weight must be used. (e) Stage 3 airplanes. If an airplane is a Stage 3 airplane prior to the change in type design, the following apply, in addition to the provisions of paragraph (b) of this section: (1) If compliance with Stage 3 noise levels is not required before the change in type design, the airplane must - (i) Be a Stage 2 airplane after the change in type design and compliance must be shown under the provisions of paragraph (d)(1) or (d)(2) of this section, as appropriate; or (ii) Remain a Stage 3 airplane after the change in type design. Compliance must be shown under the provisions of paragraph (e)(2) of this section. (2) If compliance with Stage 3 noise levels is required before the change in type design, the airplane must be a Stage 3 airplane after the change in type design. (3) Applications on or after [August 14, 1989.] The airplane must remain a Stage 3 airplane after the change in type design. (4) If an airplane is a Stage 3 airplane prior to a change in type design, and becomes a Stage 4 after the change in type design, the airplane must remain a Stage 4 airplane. (5) If an airplane is a Stage 3 airplane prior to a change in type design, and becomes a Stage 5 airplane after the change in type design, the airplane must remain a Stage 5 airplane. (f) Stage 4 airplanes. (1) If an airplane is a Stage 4 airplane prior to a change in type design, the airplane must remain a Stage 4 airplane after the change in type design. (2) If an airplane is a Stage 4 airplane prior to a change in type design, and becomes a Stage 5 airplane after the change in type design, the airplane must remain a Stage 5 airplane. (g) Stage 5 airplanes. If an airplane is a Stage 5 airplane prior to a change in type design, the airplane must remain a Stage 5 airplane after the change in type design. [Amdt. 36-7, 42 FR 12371, Mar. 3, 1977; Amdt. 36-8, 43 FR 8730, Mar. 2, 1978; Amdt. 36-10, 43 FR 28420, June 29, 1978; Amdt. 36-12, 46 FR 33464, June 29, 1981; Amdt. 36-15, 53 FR 16366, May 6, 1988; 53 FR 18950, May 25, 1988; Amdt. 36-17, 54 FR 21042, May 15, 1989; Amdt. 36-54, 67 FR 45212, July 8, 2002; Amdt. 36-26, 70 FR 38749, July 5, 2005; FAA Doc. No. FAA-2015- 3782, Amdt. No. 36-31, 82 FR 46130, Oct. 4, 2017] Section 36.9 Acoustical change: Propellerdriven small airplanes and propeller-driven commuter category airplanes. For propeller-driven small airplanes in the primary, normal, utility, acrobatic, transport, and restricted categories and for propeller-driven, commuter category airplanes for which an acoustical change approval is applied for under Section 21.93(b) of this chapter after January 1, 1975, the following apply: (a) If the airplane was type certificated under this part prior to a change in type design, it may not subsequently exceed the noise limits specified in Section 36.501 of this part. (b) If the airplane was not type certificated under this part prior to a change in type design, it may not exceed the higher of the two following values: (1) The noise limit specified in Section 36.501 of this part, or (2) The noise level created prior to the change in type design, measured and corrected as prescribed in Section 36.501 of this part. [Amdt. 36-16, 53 FR 47400, Nov. 22, 1988; 53 FR 50157, Dec. 13, 1988; Amdt. 36-19, 57 FR 41369, Sept. 9, 1992] Section 36.11 Acoustical change: Helicopters. This section applies to all helicopters in the primary, normal, transport, and restricted categories for which an acoustical change approval is applied for under Section 21.93(b) of this chapter on or after March 6, 1986. Compliance with the requirements of this section must be demonstrated under appendix H of this part, or, for helicopters having a maximum certificated takeoff weight of not more than 7,000 pounds, compliance with this section may be demonstrated under appendix J of this part. 770 VerDate Sep<11>2014 12:50 Apr 30, 2019 Jkt 247046 PO 00000 Frm 00780 Fmt 8010 Sfmt 8010 Y:\SGML\247046.XXX 247046