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)

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, 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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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.

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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