[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Rules and Regulations]
[Page 9677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02582]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 /
Rules and Regulations
[[Page 9677]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 23, 25, 27, 29, 61, 91, 121, 125, and 135
[Docket No.: FAA-2013-0485; Amdt. Nos. 1-70A, 23-63A, 25-144A, 27-48A,
29-56A, 61-139A, 91-345A, 121-376A, 125-66A, and 135-135A]
RIN 2120-AJ94
Revisions to Operational Requirements for the Use of Enhanced
Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements
for Vision Systems
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: On December 13, 2016, the Federal Aviation Administration
(FAA) published a final rule to permit operators to use an enhanced
flight vision system in lieu of natural vision to continue descending
from 100 feet above the touchdown zone elevation to the runway and to
land on certain straight-in instrument approach procedures under
instrument flight rules. The FAA is delaying the effective date of this
final rule.
DATES: The effective date of the rule amending 14 CFR parts 1, 23, 25,
27, 29, 61, 91, 121, 125, and 135 published at 81 FR 90126, December
13, 2016, is delayed until March 21, 2017, except for the amendments to
Sec. Sec. 61.66 (amendatory instruction no. 15), 91.175 (amendatory
instruction no. 18), 91.1039 (amendatory instruction no. 23), 121.651
(amendatory instruction no. 27), 125.325 (amendatory instruction no.
33), 125.381 (amendatory instruction no. 35), and 135.225 (amendatory
instruction no. 38), which are effective March 13, 2018.
FOR FURTHER INFORMATION CONTACT: Terry King, Flight Technologies and
Procedures Division, AFS-400, Flight Standards Service, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-8790; email [email protected].
SUPPLEMENTARY INFORMATION: On December 13, 2016, the FAA published the
final rule Revisions to Operational Requirements for the Use of
Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View
Requirements for Vision Systems. That final rule permits operators to
use an EFVS in lieu of natural vision to continue descending from 100
feet above the touchdown zone elevation to the runway and to land on
certain straight-in instrument approach procedures under instrument
flight rules. Additionally, the final rule addresses provisions that
permit operators who conduct EFVS operations under 14 CFR part 121,
125, or 135 to use EFVS-equipped aircraft to dispatch, release, or
takeoff under instrument flight rules, and revises the regulations for
those operators to initiate and continue an approach, when the
destination airport weather is below authorized visibility minimums for
the runway of intended landing. The final rule establishes pilot
training and recent flight experience requirements for operators who
use EFVS in lieu of natural vision to descend below the decision
altitude/decision height or minimum descent altitude. EFVS-equipped
aircraft conducting operations to touchdown and rollout are required to
meet additional airworthiness requirements. The final rule also revises
pilot compartment view certification requirements for vision systems
using a transparent display surface located in the pilot's outside
field of view.
In accordance with the President's memorandum ``Regulatory Freeze
Pending Review'' issued January 20, 2017, and the accompanying M-17-16,
Implementation of Regulatory Freeze, issued January 24, 2017, the FAA
is hereby delaying the effective date of the final rule from March 13,
2017 to March 21, 2017. This delay in effective date will allow for the
review of this final rule in accordance with the President's
memorandum.
The FAA emphasizes that the amendments to Sec. Sec. 61.66
(amendatory instruction no. 15), 91.175 (amendatory instruction no.
18), 91.1039 (amendatory instruction no. 23), 121.651 (amendatory
instruction no. 27), 125.325 (amendatory instruction no. 33), 125.381
(amendatory instruction no. 35), and 135.225 (amendatory instruction
no. 38), discussed in the December 13, 2016, final rule are not
affected by this change in effective date of the final rule. Those
provisions will become effective March 13, 2018. This change in
effective date of the final rule also does not affect the date by which
persons conducting EFVS operations to 100 feet above the TDZE under
Sec. Sec. 91.175(l) and (m) must begin conducting them under Sec.
91.176(b) and thus comply with the training, recent flight experience,
and refresher training requirements of Sec. 61.66. The compliance date
for these provisions is March 13, 2018. The FAA also notes that the
date specified in Sec. 61.66(h)(4) remains unchanged. Section
61.66(h)(4) excepts persons from the ground and flight training
requirements in Sec. 61.66(a) and (b) if they are conducting EFVS
operations under Sec. 91.176(b) and can document that prior to March
13, 2018, they have satisfactorily completed ground and flight training
on EFVS operations to 100 feet above the TDZE.
Administrative Procedure Act
Section 553(b)(3)(B) of Title 5, United States Code, (the
Administration Procedure Act) authorizes agencies to dispense with
notice and comment procedures for rules when the agency for ``good
cause'' finds that those procedures are ``impracticable, unnecessary,
or contrary to the public interest.'' Under this section, an agency,
upon finding good cause, may issue a final rule without seeking comment
prior to the rulemaking. The FAA finds that prior notice and public
comment to this final rule is unnecessary due to the brief length of
the extension of the effective date and the fact that there is no
change to the rule.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC on February 2, 2017.
Dale A. Bouffiou,
Acting Director, Office of Rulemaking.
[FR Doc. 2017-02582 Filed 2-7-17; 8:45 am]
BILLING CODE 4910-13-P