2. Notwithstanding the provision of the subparagraphs of the preceding paragraph, when the noise levels at one or two measuring points among the lateral, fly-over and take-off measuring points exceeds the upper limits of noise levels specified in the right side column of the table (1) or (2), the noise of aircraft is regarded to meet the standards specified in the preceding paragraph, provided that the following requirements are satisfied;
(1)Any excess at any single point shall not be greater than 2 EPNdB;
(2)The sum of any excess shall not be greater than 3 EPNdB;
(3)The sum of all the noise levels at each measurement point shall not be greater than the sum of all the upper limits at each point specified in the right side column of the tables of the preceding paragraph.
(Method of Inspection)
Article 37. The inspection under Article 20 paragraph 3 of the Law consists of the noise measurements of the aircraft and evaluation of present status thereof.
However, when the Minister of Transport deems on the basis of the specification of the aircraft that noise measurements are not necessary, it may be omitted.
(Form of Aircraft Noise Certification, etc.)
Article 38. The form pertaining to aircraft noise certificate under Article 20 paragraph 4 of the Law is Form No. 17.
Article 39. Any operator of an aircraft, who makes an application for the reissuance of aircraft noise certification because he has lost, destroyed or stained the certificate, shall submit to the Minister of transport an application form for reissuance (Form No 18) together with the aircraft noise certificate (except in the case the said certificate has been lost).
Article 40. Any holder of an aircraft noise certificate which comes under one of the following items shall, without delay, return the certificate to the Minister of Transport.
In this case documents describing the reason for return shall also be submitted therewith.
(1)Aircraft noise certificate for which the term of validity has expired.
(2)Former aircraft noise certificate when a new noise certificate has been issued before the old noise certificate expires;
(3)Noise certificate of aircraft when such aircraft has its registration cancelled.
(Recognition of Difficulty of Alteration)
Article 41. The recognition by the Minister of Transport under the provisions of subparagraphs (1) and (2) of paragraph 1 and paragraph 2 of Article 20-(3) of the Law shall be established through public notification.
