Federal Register, Volume 77 Issue 132 (Tuesday, July 10, 2012)

[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40478-40479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16846]

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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;
Confirmation of Effective Date and Response to Public Comments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date and response
to public comments.

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SUMMARY: This action confirms the effective date of the direct final
rule published on February 16, 2012 (77 FR 9163), and responds to the
comments received on that direct final rule. In that document, the FAA
proposed to remove the definitions of Category IIIa, IIIb, and IIIc
operations because the definitions are outdated and no longer used for
aircraft certification or operational authorization.

DATES: The direct final rule published on February 16, 2012 (77 FR
9163), and delayed on April 13, 2012 (77 FR 22186), became effective on
June 12, 2012.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this action, see ``How To
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

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:

Background

On February 7, 2012, the FAA issued Amendment No. 1-67, entitled
``Removal of Category IIIa, IIIb, and IIIc Definitions'' (77 FR 9163).
The direct final rule removes 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 The definitions are outdated because they are no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.
The FAA requested that comments on that rule be received on or before
March 19, 2012.
By letter dated March 16, 2012, the International Civil Aviation
Organization (ICAO) requested that the FAA consider postponing the
effective date of the rule until the rule is reviewed through an
international process. ICAO stated that due to the short time frame, it
was not in the position to understand the full implications of removing
the Category IIIa, IIIb, and IIIc definitions. ICAO further stated that
additional time was necessary to adequately assess the impact of the
Direct Final Rule and prepare comments.
On April 13, 2012, the FAA reopened the comment period for the
Direct Final Rule until May 14, 2012, and delayed the effective date
from April 16, 2012 to June 12, 2012 (77 FR 22186). A direct final rule
takes effect on the specified date unless the FAA receives an adverse
comment or notice of intent to file an adverse comment within the
comment period. If adverse comments are received, the FAA will advise
the public by publishing a document in the Federal Register before the
effective date of the direct final rule. An adverse comment explains
why a rule would be inappropriate or would be ineffective or
unacceptable without a change, or may challenge the rule's underlying
premise or approach. The FAA received eight comments on this rule. The
FAA does not consider these comments to be adverse and is therefore
publishing this Confirmation of Effective Date and Response to Public
Comments in response to those comments.

Discussion of Comments

The FAA received eight comments on this rule. Six of those comments
were received during the original comment period, and two comments were
received after the comment period reopened. ICAO, Boeing, and five
individuals commented on this rule.
On March 16, 2012, ICAO requested that the FAA delay the effective
date of the rule so that it may conduct further review of this
rulemaking. By letter dated May 14, 2012, ICAO submitted a follow up
comment, stating that it has been clarified that ``removal of the
Category IIIa, IIIb, and IIIc definitions from 14 CFR part 1 will not
impact relevant operational documents such as advisory circulars.''
Additionally, ICAO further stated that ``this initiative would have no
impact on the recognition of any CAT III a, b, or c operational
approval for international operators or United States-issued
operational approvals which conform to Annex 6--Operation of Aircraft.
On this basis, the International Civil Aviation Organization has no
objection to the change * * *''
Two individual commenters expressed support for this rulemaking.
Boeing and three individual commenters expressed concern about various
aspects of this rulemaking. Boeing submitted a comment during the
original comment period. It stated that ``[w]ithout additional
guidance, the removal of these categories' definitions will create
confusion and inconsistencies in the establishment of operational
authorizations, and leave subject to individual interpretation the low
weather minima capabilities of the combined ground, space, and airborne
systems.'' Boeing also noted that this rulemaking will require
corresponding changes to other FAA regulations, orders and advisory
circulars and will have substantial international ramifications.
Additionally, Boeing suggested that ``the public be given the
opportunity to review the proposed changes in their entirety and
comment via the Notice of Proposed Rulemaking (NPRM) process.'' Boeing
did not submit an additional comment during the reopened comment
period.
Several individual commenters expressed similar concerns. One
commenter stated that ``[a] unilateral change of these standards by the
United States will negate the current global harmony of these landing
definitions, and compel international flight crews to train and operate
differently in the United States versus the rest of the world.'' This
commenter further stated that ``* * * these changes should not be
allowed to become effective until ICAO has changed the internationally
recognized standard definitions, and all member states have concurred *
* *'' Two anonymous commenters submitted nearly identical comments and
stated that ``[t]he proposed definition

[[Page 40479]]

relaxation will result in blending the Cat III operational and system
performance distinctions, and appears to ignore the potential reduction
in safety'' These individuals also commented that ``* * * fail-passive
systems and flight crews trained to the fail-passive minimums and
procedures will be permitted to fly to fail-operational minimums.''
In response to Boeing's comment, the FAA notes that the removal of
the Category IIIa, IIIb, and IIIc definitions will not affect current
FAA category III aircraft certifications or operator authorizations and
will not require changes to other FAA regulations. Category III
standards used in the United States will be completely unaffected by
the removal of the Category IIIa, IIIb, and IIIc definitions. The
Category III operational concepts represented by the Category IIIa,
IIIb, and IIIc definitions are used to develop the certification and
authorization criteria and these criteria are then applied directly to
individual aircraft certifications and operator authorizations. Thus,
the certification of Category III aircraft systems under Advisory
Circular (AC) 120-28D no longer directly refers to the Category IIIa,
b, and c definitions contained in 14 CFR 1.1, but uses the
airworthiness criteria in the AC and the certification statements refer
to those criteria as well. Likewise, Operations Specification (OpSpec)
C060, the operational authorization for Category III operators, no
longer specifically uses the Category IIIa, IIIb, and IIIc definitions,
but rather ties authorized weather minima to the certification level of
aircraft, as specified in the AC.
In response to the individual comments, the FAA notes that AC 120-
28D uses the ICAO Category IIIa, IIIb, and IIIc definitions in its
development of Category III operational concepts. Category IIIa, IIIb,
and IIIc definitions will continue to be used unless changed in the
normal ICAO process. In its second comment, ICAO stated that this
rulemaking would have no impact on the recognition of any CAT III a, b,
or c operational approval for international operators or United States-
issued operational approvals which conform to Annex 6--Operation of
Aircraft and therefore has no objection to the change. Thus,
operational authorizations for all operators and aircraft certification
through AC 120-28D and OpSpec C060 rely only upon the ICAO Category
IIIa, IIIb, and IIIc definitions and will be completely unaffected by
removing the definitions of Category IIIa, IIIb, and IIIc in the CFR.
Additionally, the use of Fail Passive or Fail Operational Category III
minima is not bound by the Category III definition. Category III minima
are controlled completely by the operational authorization, OpSpec
C060, under criteria contained in AC 120-28D. Since, as explained
above, the AC criteria will be unaffected by removal of the sub-
definitions, CAT III minima authorized through the OpSpec will be
unchanged.

Conclusion

After consideration of the comments submitted in response to the
direct final rule, the FAA has determined that no further rulemaking
action is necessary. Therefore, Amendment 1-67 remains in effect.

How To Obtain Additional Information

A. Rulemaking Documents

An electronic copy of a rulemaking document my be obtained by using
the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Issued in Washington, DC, on June 11, 2012.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. 2012-16846 Filed 7-9-12; 8:45 am]
BILLING CODE 4910-13-P