[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Rules and Regulations]
[Pages 9163-9166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3692]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 /
Rules and Regulations
[[Page 9163]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1
[Docket No. FAA-2012-0019; Amdt. No. 1-67]
RIN 2120-AK03
Removal of Category IIIa, IIIb, and IIIc Definitions
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: The FAA is removing the definitions of Category IIIa, IIIb,
and IIIc operations. The definitions are outdated because they are no
longer used for aircraft certification or operational authorization.
Removing the definitions will aid in international harmonization
efforts, future landing minima reductions, and airspace system capacity
improvements due to the implementation of performance based operations.
DATES: Effective April 16, 2012.
Submit comments on or before March 19, 2012. If adverse comment is
received, the FAA will publish a timely withdrawal in the Federal
Register.
ADDRESSES: You may send comments identified by docket number FAA-2012-
0019 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Bryant Welch, Flight Technologies and Procedures
Division, Flight Operations Branch, AFS-410, Federal Aviation
Administration, 470 L'Enfant Plaza, Suite 4102, Washington, DC 20024;
telephone (202) 385-4539; email bryant.welch@faa.gov.
For legal questions concerning this action, contact Nancy Sanchez,
Office of the Chief Counsel, Regulations Division, AGC-200, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-3073; email nancy.sanchez@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in 49
U.S.C. 40103, which vests the Administrator with broad authority to
prescribe regulations to assign the use of airspace necessary to ensure
the safety of aircraft and the efficient use of airspace, and 49 U.S.C.
44701(a)(5), which requires the Administrator to promulgate regulations
and minimum standards for other practices, methods, and procedures
necessary for safety in air commerce and national security.
The Direct Final Rule Procedure
The FAA is adopting this direct final rule without prior notice and
prior public comment because this rule is not controversial, is not
expected to result in the receipt of an adverse comment, and a notice
of proposed rulemaking (NPRM) is not necessary. The Category IIIa,
IIIb, and IIIc operations definitions are outdated, unnecessary, and
overly restrictive. The FAA does not believe we will receive an adverse
comment because this rule will not affect any existing operator's
aircraft certification or operational approval. The Regulatory Policies
and Procedures of the Department of Transportation (DOT) (44 FR 1134)
provide that to the maximum extent possible, operating administrations
for the DOT should provide an opportunity for public comment on
regulations issued without prior notice. Accordingly, the FAA invites
interested persons to participate in this rulemaking by submitting
written comments, data, or views. The agency also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting this final rule.
Unless a written adverse or negative comment or a written notice of
intent to submit an adverse or negative comment is received within the
comment period, the regulation will become effective on the date
specified above. After the close of the comment period, the FAA will
publish a document in the Federal Register indicating that no adverse
or negative comments were received and confirming the date on which the
final rule will become effective. If the FAA does receive, within the
comment period, an adverse or negative comment, or written notice of
intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and
[[Page 9164]]
an NPRM may be published with a new comment period.
See the ``Additional Information'' section for information on how
to comment on this direct final rule and how the FAA will handle
comments received. In addition, there is information on obtaining
copies of rulemaking documents.
I. Overview of Final Rule
The FAA is removing the definitions of Category IIIa, IIIb, and
IIIc operations. Category III aircraft operations are precision
approach and landing operations using an Instrument Landing System
(ILS) conducted in very low visibility conditions. Currently, any
approach and landing with a runway visual range (RVR) below 1000 feet
is considered a Category III operation.\1\ The Category IIIa, IIIb, and
IIIc operations definitions divide the general regime of Category III
operations into specific RVR (visibility) bands. The definitions are
outdated because they are no longer used for aircraft certification or
operational authorization. Removing the Category IIIa, IIIb, and IIIc
operations definitions will have no effect on existing Category III
operators. The general Category III operation definition remains in
effect, and is fully described in FAA orders and advisory circulars.
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\1\ Category III operational approvals and instrument procedures
are described in terms of RVR. RVR is an instrumentally derived
value, given in feet, that reflects seeing conditions on a runway,
and is dependent on the use of high intensity runway lighting.
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II. Discussion of the Direct Final Rule
History
The International Civil Aviation Organization (ICAO) established
the general concepts and definition of Category III operations in 1966
in ICAO Annex 10, Aeronautical Communications and then added the
definitions of Category IIIa, IIIb, and IIIc operations in 1967. These
did not correspond exactly with current definitions, but the required
RVR values are the same. The FAA issued the initial U.S. CAT IIIa
criteria (Advisory Circular (AC) 120-28, Criteria for Approval of
Category III Weather Minima for Takeoff, Landing, and Rollout) on
September 5, 1969, to assist industry in developing a CAT IIIa (minimum
RVR 700 feet) approach capability. These criteria included the basic
concepts and minimum airborne equipment design requirements necessary
for Category III operations, including the Fail Operational and Fail
Passive control system concepts.\2\ The first U.S. aircraft
certification for CAT IIIa occurred in 1971. This approval was based on
the use of Fail Operational automatic landing systems.
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\2\ Fail Operational means an airborne system with redundant
operational capability down to touchdown and, if applicable, through
rollout. Fail Passive means an automatic flight control system,
which, upon occurrence of any single failure, should not cause:
Significant displacement from the approach path, altitude loss, or
significant out of trim condition.
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In December 1971, the FAA revised the CAT IIIa criteria (AC 120-
28A) by establishing initial operational approval criteria. These
criteria were based on a conservative approach for reducing operating
minima. However, as industry gained operational experience, the FAA
determined that the AC 120-28A criteria were unnecessarily stringent.
In December 1976, the U.S. certificated the first airplane for Fail
Passive CAT IIIa operations. This and following certifications were
based on the use of Fail Operational or Fail Passive flight control
systems, but some Aircraft Flight Manuals specified that the aircraft
were suitable for Category IIIa operations.
As operational experience and the capabilities of airborne
equipment increased in CAT IIIa operations, the FAA and industry
realized the need for CAT IIIb (RVR lower than 700 feet but no lower
than 150 feet) criteria. The FAA issued the initial U.S. CAT IIIb
criteria for RVR 600 operations in March 1984 (AC 120-28C). Aircraft
certifications and operational approvals continued to be based on the
capabilities of the aircraft's Fail Operational or Fail Passive flight
control systems, but also continued to tie the certifications and
approvals to the Category IIIa and IIIb definitions. CAT IIIc
operations are conducted with RVR below 150 feet. The FAA has not
developed the criteria for aircraft certification and operational
approval for Category IIIc operations. Therefore, Category IIIc
operations have not been authorized.
The FAA codified the definitions of Category IIIa, IIIb, and IIIc
operations in 1996. ICAO adopted the same definitions in ICAO Annex 6,
Operation of Aircraft, in 1998. These definitions described the
operational concepts in use at that time, and reflected existing
technological capabilities and operational requirements. The
definitions were used in certification and authorization documents.
However, advances in aircraft technology and changes in the framework
of operational approval have rendered the definitions obsolete for
those purposes. While still used for discussion and as a shorthand way
to describe different levels of Category III operations, the Category
IIIa, IIIb, and IIIc definitions are no longer used as a basis for
aircraft certification or for issuance of operational authorizations.
Domestic Practice
While AC 120-28D, issued in October 1999, references the
definitions of Category IIIa, IIIb, and IIIc operations, the aircraft
certification and operational approval documentation no longer uses
these definitions. Under AC 120-28D, aircraft certifications are based
solely on the demonstrated capabilities of the aircraft to land and
rollout on the runway. For example, an aircraft with Fail Operational
systems may be demonstrated to automatically land and rollout at RVR
150 feet, and this capability is stated in the Aircraft Flight Manual.
The operational approvals will be based on that Manual without
reference to the Category IIIa, IIIb, and IIIc definitions.
International Practice
An effort is underway to rationalize and standardize Category III
approach minima internationally. Aircraft certification standards are
essentially the same worldwide with regard to the use of Fail
Operational or Fail Passive system criteria to describe landing
capabilities. Operational approval criteria are also based on the
aircraft system capabilities, as in the United States. However, the
publication of Category III landing minima for use on the approach are
still tied to the Category IIIa, IIIb, and IIIc definitions, both
internationally and in the United States. The FAA is removing the CAT
IIIa, IIIb, and IIIc definitions as a first step toward the universal
description of Category III operations and certification in terms
currently used. The FAA presented a Working Paper to the ICAO
Operations Council in October, 2011 requesting the deletion of the
Category IIIa, IIIb, and IIIc definitions from the ICAO Annexes. The
FAA also presented a similar paper to the European Aviation Safety
Agency (EASA)/FAA All Weather Operations Harmonization Working Group in
October, 2011.
Landing Minima
Category III approach charts depicting landing minima in terms of
the Category IIIa, IIIb, and IIIc definitions are now unnecessary. The
Category III landing minima at a particular runway are based on the
demonstrated qualities and capabilities of the ILS installed on that
runway. The FAA tests every installed ILS in accordance with ICAO
criteria,
[[Page 9165]]
and the results are classified and published to define the allowable
landing minima. These ILS classifications are used directly in the
determination of landing minima.
Once this rule is effective, the FAA will amend FAA Orders defining
publication of Category III minima by removing references to Category
IIIa, IIIb, and IIIc operations. The amended Orders will directly
relate the ILS system classification to the allowable published minima.
The approach charts will show only the lowest possible Category III
landing minima on a runway. For example, the approach chart for a
landing at an airport would only state that the RVR is 600 and will not
make any reference to the CAT IIIb operations definition. Operators
will use the published minima in conjunction with their Operations
Specifications to determine the lowest landing minima allowed to them,
as is currently done.
Impact on Future Operations
Future Category III operations may derive from new low visibility
approach and landing technologies. The type of operations, landing
minima and aircraft certification criteria for these future systems
will not follow the Category IIIa, IIIb, and IIIc definitions. Thus,
removing the Category IIIa, IIIb, and IIIc definitions will eliminate
the need for future systems to comply with these outdated definitions.
III. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule.
The FAA is removing the definitions of Category IIIa, IIIb, and
IIIc operations. Since this final rule removes outdated and unnecessary
definitions, the expected outcome will be a minimal impact with
positive net benefits, and a regulatory evaluation was not prepared.
The FAA requests comments with supporting justification about the FAA
determination of minimal impact.
The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if any agency determines that a rule is not expected to have a
significant economic impact on a substantial number of entities,
section 605(b) of RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
As noted above, the changes to Sec. 1.1 are cost relieving because
the FAA is removing the definitions of Category IIIa, IIIb, and IIIc
operations. The definitions are outdated and no longer used for
aircraft certification or operational authorization. Therefore, as the
FAA Acting Administrator, I certify that this rule will not have a
significant economic impact on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that it
is neither considered an unnecessary obstacle nor a promotion to
international trade and therefore it will have no impact on
international trade.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
[[Page 9166]]
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this direct final rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified the following difference. Once this rule
is effective, the FAA's regulations will no longer include the
definitions of Category IIIa, IIIb, and IIIc operations. This differs
from ICAO Standards and Recommended Practices because ICAO's Annex 6
and Annex 10 include the Category IIIa, IIIb, and IIIc definitions.
Until such time ICAO removes these definitions from its annexes, the
FAA will be required to file a Difference with ICAO.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
V. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the rulemaking
action in this document. The most helpful comments reference a specific
portion of the rulemaking action, explain the reason for any
recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, commenters should send only one
copy of written comments, or if comments are filed electronically,
commenters should submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking. Before acting on this rulemaking
action, the FAA will consider all comments it receives on or before the
closing date for comments. The FAA will consider comments filed after
the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this rulemaking
action in light of the comments it receives.
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
3. Accessing the Government Printing Office's Web page at http://www.fdsys.gov.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
Commenters must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this rulemaking
action, including economic analyses and technical reports, may be
accessed from the Internet through the Federal eRulemaking Portal
referenced in item (1) above.
List of Subjects in 14 CFR Part 1
Air transportation.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
0
2. Amend Sec. 1.1 by removing the definitions of ``Category IIIa
operations,'' ``Category IIIb operations,'' and ``Category IIIc
operations.''
Issued in Washington, DC, on February 7, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-3692 Filed 2-15-12; 8:45 am]
BILLING CODE 4910-13-P