[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11738-11739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4633]



Federal Aviation Administration

14 CFR Part 135

[Docket No.: FAA-2012-0007; Amdt. No. 135-126]
RIN 2120-AK02

Authorization To Use Lower Than Standard Takeoff, Approach and 
Landing Minimums at Military and Foreign Airports; Confirmation of 
Effective Date

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.


SUMMARY: This action confirms the effective date of the direct final 
rule published on January 11, 2012. The rule allows qualified operators 
to conduct lower than standard instrument flight rules (IFR) airport 
operations at military airports or outside the United States when 
authorized to do so by their operations specifications.

DATES: The effective date for the direct final rule published on 
January 11, 2012, at 77 FR 1629, is confirmed as February 27, 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 Gregory French, Air Transportation Division, 135 
Air Carrier Operations Branch, AFS-250, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-4112; email gregory.french@faa.gov.
    For legal questions concerning this action, contact Robert Frenzel, 
Office of the Chief Counsel, Operations Law Branch, (AGC-220), Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3073; email robert.frenzel@faa.gov.



    Before publication of this direct final rule on January 11, 2012 
(77 FR 1629), Title 14, Code of Federal Regulations (14 CFR) limited 
certain operators to a takeoff minimum visibility of 1 mile, and a 
landing minimum visibility of \1/2\ mile when conducting IFR operations 
at foreign and military airports, even when the operator has 
demonstrated the ability to safely conduct operations in lower 
visibility. The FAA has determined since many part 135 operators have 
met the requirement necessary to conduct lower than standard IFR 
operations authorized by OpSpec C079, it would amend the requirement to 
allow for lower than standard IFR operations at military and foreign 
airports only for those part 135 operators authorized through that 

Discussion of Comments

    The FAA received comments from two individual commenters. Both 
commenters supported the rule change. The commenters generally stated 
that the rule change permitted those operators that obtain authority to 
conduct lower than standard visibility operations at U.S. airports to 
exercise the same authority at foreign and military airports.


    After consideration of the comments submitted in response to the 
direct final rule, the FAA has determined that no further rulemaking 
action is necessary. The rule will take effect on February 27, 2012.

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.fdsys.gov.
    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.).

[[Page 11739]]

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 February 23, 2012.
John W. McGraw,
Acting Director, Flight Standards Service.
[FR Doc. 2012-4633 Filed 2-27-12; 8:45 am]