(a) Compliance with the noise levels prescribed under part D of appendix H of this part, or under part D of appendix J of this part, must be shown for helicopters for which application for issuance of a type certificate in the primary, normal, transport, or restricted category is made on or after March 6, 1986.

(b) For helicopters covered by this section, except as provided in paragraph (c) or (d)(2) of this section, it must be shown either:

(1) When an application for issuance of a type certificate in the primary, normal, transport, or restricted category is made on and after March 6, 1986 and before May 5, 2014, that the noise levels of the helicopter are no greater than the Stage 2 noise limits prescribed in either section H36.305 of appendix H of this part or section J36.305 of appendix J of this part, as applicable; or

(2) When an application for issuance of a type certificate in the primary, normal, transport, or restricted category is made on or after May 5, 2014, that the noise levels of the helicopter are no greater than the Stage 3 noise limits prescribed in either section H36.305 of appendix H of this part, or section J36.305 of appendix J of this part, as applicable.

(c) For helicopters for which application for issuance of an original type certificate in the primary, normal, transport, or restricted category is made on or after March 6, 1986, and which the FAA finds to be the first civil version of a helicopter that was designed and constructed for, and accepted for operational use by, an Armed Force of the United States or the U.S. Coast Guard on or before March 6, 1986, it must be shown that the noise levels of the helicopter are no greater than the noise limits for a change in type design as specified in section H36.305(a)(1)(ii) of appendix H of this part for compliance demonstrated under appendix H of this part, or as specified in section J36.305 of appendix J of this part for compliance demonstrated under appendix J of this part. Subsequent civil versions of any such helicopter must meet the Stage 2 requirements.

(d) Helicopters in the primary category:

(1) Except as provided in paragraph (d)(2) of this section, for a helicopter for which application for a type certificate in the primary category is made, and that was not previously certificated under appendix H of this part, compliance with appendix H of this part must be shown.

(2) For a helicopter that:

(i) Has a normal or transport type certificate issued under this chapter,

(ii) Has a standard airworthiness certificate issued under this chapter,

(iii) Has not undergone an acoustical change from its type design,

(iv) Has not previously been certificated under appendix H of this part, and

(v) For which application for conversion to the primary category is made, no further showing of compliance with this part is required.

[Doc. No. 26910, 57 FR 42855, Sept. 16, 1992, as amended by Amdt. 36-30, 79 FR 12045, Mar. 4, 2014]