82_FR_9702 82 FR 9677 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems

82 FR 9677 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 25 (February 8, 2017)

Page Range9677-9677
FR Document2017-02582

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.

Federal Register, Volume 82 Issue 25 (Wednesday, February 8, 2017) 
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Rules and Regulations]
[Page 9677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02582]



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Rules and Regulations
                                                Federal Register
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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.

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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

9677 Rules and Regulations Federal Register Vol. 82, No. 25 Wednesday, February 8, 2017 This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: instruction no. 18), 91.1039 contains regulatory documents having general Terry King, Flight Technologies and (amendatory instruction no. 23), applicability and legal effect, most of which Procedures Division, AFS–400, Flight 121.651 (amendatory instruction no. are keyed to and codified in the Code of Standards Service, Federal Aviation 27), 125.325 (amendatory instruction Federal Regulations, which is published under Administration, 800 Independence 50 titles pursuant to 44 U.S.C. 1510. no. 33), 125.381 (amendatory Avenue SW., Washington, DC 20591; instruction no. 35), and 135.225 The Code of Federal Regulations is sold by telephone (202) 267–8790; email (amendatory instruction no. 38), the Superintendent of Documents. Prices of Terry.King@faa.gov. discussed in the December 13, 2016, new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION: On final rule are not affected by this change REGISTER issue of each week. December 13, 2016, the FAA published in effective date of the final rule. Those the final rule Revisions to Operational provisions will become effective March Requirements for the Use of Enhanced 13, 2018. This change in effective date DEPARTMENT OF TRANSPORTATION Flight Vision Systems (EFVS) and to of the final rule also does not affect the Pilot Compartment View Requirements date by which persons conducting EFVS Federal Aviation Administration for Vision Systems. That final rule operations to 100 feet above the TDZE 14 CFR Parts 1, 23, 25, 27, 29, 61, 91, permits operators to use an EFVS in lieu under §§ 91.175(l) and (m) must begin 121, 125, and 135 of natural vision to continue descending conducting them under § 91.176(b) and from 100 feet above the touchdown zone [Docket No.: FAA–2013–0485; Amdt. Nos. thus comply with the training, recent elevation to the runway and to land on 1–70A, 23–63A, 25–144A, 27–48A, 29–56A, certain straight-in instrument approach flight experience, and refresher training 61–139A, 91–345A, 121–376A, 125–66A, and procedures under instrument flight requirements of § 61.66. The compliance 135–135A] date for these provisions is March 13, rules. Additionally, the final rule RIN 2120–AJ94 addresses provisions that permit 2018. The FAA also notes that the date operators who conduct EFVS operations specified in § 61.66(h)(4) remains Revisions to Operational under 14 CFR part 121, 125, or 135 to unchanged. Section 61.66(h)(4) excepts Requirements for the Use of Enhanced use EFVS-equipped aircraft to dispatch, persons from the ground and flight Flight Vision Systems (EFVS) and to release, or takeoff under instrument training requirements in § 61.66(a) and Pilot Compartment View Requirements flight rules, and revises the regulations (b) if they are conducting EFVS for Vision Systems for those operators to initiate and operations under § 91.176(b) and can AGENCY: Federal Aviation continue an approach, when the document that prior to March 13, 2018, Administration (FAA), Department of destination airport weather is below they have satisfactorily completed Transportation (DOT). authorized visibility minimums for the ground and flight training on EFVS ACTION: Final rule; delay of effective runway of intended landing. The final operations to 100 feet above the TDZE. date. rule establishes pilot training and recent flight experience requirements for Administrative Procedure Act SUMMARY: On December 13, 2016, the operators who use EFVS in lieu of Section 553(b)(3)(B) of Title 5, United Federal Aviation Administration (FAA) natural vision to descend below the States Code, (the Administration published a final rule to permit decision altitude/decision height or operators to use an enhanced flight Procedure Act) authorizes agencies to minimum descent altitude. EFVS- vision system in lieu of natural vision dispense with notice and comment equipped aircraft conducting operations to continue descending from 100 feet to touchdown and rollout are required procedures for rules when the agency above the touchdown zone elevation to to meet additional airworthiness for ‘‘good cause’’ finds that those the runway and to land on certain requirements. The final rule also revises procedures are ‘‘impracticable, straight-in instrument approach pilot compartment view certification unnecessary, or contrary to the public procedures under instrument flight requirements for vision systems using a interest.’’ Under this section, an agency, rules. The FAA is delaying the effective transparent display surface located in upon finding good cause, may issue a date of this final rule. the pilot’s outside field of view. final rule without seeking comment DATES: The effective date of the rule In accordance with the President’s prior to the rulemaking. The FAA finds amending 14 CFR parts 1, 23, 25, 27, 29, memorandum ‘‘Regulatory Freeze that prior notice and public comment to 61, 91, 121, 125, and 135 published at Pending Review’’ issued January 20, this final rule is unnecessary due to the 81 FR 90126, December 13, 2016, is 2017, and the accompanying M–17–16, brief length of the extension of the delayed until March 21, 2017, except for Implementation of Regulatory Freeze, effective date and the fact that there is the amendments to §§ 61.66 issued January 24, 2017, the FAA is no change to the rule. (amendatory instruction no. 15), 91.175 hereby delaying the effective date of the Issued under authority provided by 49 (amendatory instruction no. 18), final rule from March 13, 2017 to March jstallworth on DSK7TPTVN1PROD with RULES U.S.C. 106(f), 44701(a), and 44703 in 91.1039 (amendatory instruction no. 21, 2017. This delay in effective date Washington, DC on February 2, 2017. 23), 121.651 (amendatory instruction will allow for the review of this final no. 27), 125.325 (amendatory rule in accordance with the President’s Dale A. Bouffiou, instruction no. 33), 125.381 memorandum. Acting Director, Office of Rulemaking. (amendatory instruction no. 35), and The FAA emphasizes that the [FR Doc. 2017–02582 Filed 2–7–17; 8:45 am] 135.225 (amendatory instruction no. amendments to §§ 61.66 (amendatory BILLING CODE 4910–13–P 38), which are effective March 13, 2018. instruction no. 15), 91.175 (amendatory VerDate Sep<11>2014 15:09 Feb 07, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 9990 E:\FR\FM\08FER1.SGM 08FER1


Document Created: 2017-02-08 02:59:20
Document Modified: 2017-02-08 02:59:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; delay of effective date.
DatesThe 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.
ContactTerry 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]
FR Citation82 FR 9677 
RIN Number2120-AJ94
CFR Citation14 CFR 1
14 CFR 121
14 CFR 125
14 CFR 135
14 CFR 23
14 CFR 25
14 CFR 27
14 CFR 29
14 CFR 61
14 CFR 91
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