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
________________________________________________________________________

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 
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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


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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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