83 FR 10567 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Correcting Amendment

DEPARTMENT OF TRANSPORTATION

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range		10567-10568
FR Document		2018-04888

The FAA is correcting a final rule published on December 13, 2016. In that rule, the FAA amended its regulations to allow operators to use an enhanced flight vision system (EFVS) in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation (TDZE) to the runway and to land on certain straight-in instrument approach procedures (IAPs) under instrument flight rules (IFR). As part of the final rule, the FAA inadvertently removed some regulatory text. This document corrects that error. Additionally, this document corrects the same error in an amendatory instruction of the EFVS final rule to ensure the correction to the regulation is retained when the regulation is subsequently amended on March 13, 2018.

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10567-10568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04888]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2013-0485; Amdt. No. 91-345B]
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; Correcting Amendment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction; correcting amendment.

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SUMMARY: The FAA is correcting a final rule published on December 13, 
2016. In that rule, the FAA amended its regulations to allow operators 
to use an enhanced flight vision system (EFVS) in lieu of natural 
vision to continue descending from 100 feet above the touchdown zone 
elevation (TDZE) to the runway and to land on certain straight-in 
instrument approach procedures (IAPs) under instrument flight rules 
(IFR). As part of the final rule, the FAA inadvertently removed some 
regulatory text. This document corrects that error. Additionally, this 
document corrects the same error in an amendatory instruction of the 
EFVS final rule to ensure the correction to the regulation is retained 
when the regulation is subsequently amended on March 13, 2018.

DATES: The correcting amendment (amendatory instruction 2) is effective 
March 12, 2018. The correction to the final rule published at 81 FR 
90126 (December 13, 2016), and delayed at 82 FR 9677 (February 8, 2017) 
is effective March 13, 2018.

FOR FURTHER INFORMATION CONTACT: Terry King, Flight Technologies and 
Procedures Division, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-8790; email Terry.King@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2016, the FAA published a final rule entitled, 
``Revisions to Operational Requirements for the Use of Enhanced Flight 
Vision Systems (EFVS) and to Pilot Compartment View Requirements for 
Vision Systems.'' \1\ Prior to that final rule, the operating rules for 
EFVS operations to 100 feet above the TDZE were contained in Sec.  
91.175(l) and (m). In the EFVS final rule, which became effective, in 
part, on March 13, 2017, the FAA created new 14 CFR 91.176 to contain 
the operating rules for EFVS operations to touchdown and rollout and 
for EFVS operations to 100 feet above the TDZE.
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    \1\ 81 FR 90126; corrected at 82 FR 2193, January 9, 2017; 
delayed at 82 FR 9677, February 8, 2017; corrected at 83 FR 1186, 
January 10, 2018; corrected at 83 FR 4420, January 31, 2018.
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    As explained in the preamble to the final rule, the FAA provided an 
adequate transition period for operators and pilots conducting EFVS 
operations to 100 feet above the touchdown zone elevation.\2\ During 
this transition period, which concludes on March 13, 2018, a pilot may 
comply with either Sec.  91.175(l) and (m) or Sec.  91.176(b). 
Beginning on March 13, 2018, persons conducting EFVS operations to 100 
feet above the TDZE must comply with Sec.  91.176(b).
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    \2\ 81 FR at 90154.
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    Section 91.175(e)(1) included a cross-reference to Sec.  91.175(l) 
prior to the final rule. To accommodate the transition period, the FAA 
made a conforming amendment to Sec.  91.175(e)(1), effective March 13, 
2017, by adding a cross-reference to Sec.  91.176. Additionally, to 
conform with the conclusion of the transition period, the FAA included 
instructions to amend Sec.  91.175(e)(1), effective March 13, 2018, by 
removing the cross-reference to Sec.  91.175(l).
    Prior to the EFVS final rule, Sec.  91.175(e)(1) allowed a pilot 
operating an aircraft, except a military aircraft of the United States, 
to immediately execute an appropriate missed approach procedure 
whenever operating under Sec.  91.175(c) or (l) and the requirements of 
that paragraph are not met at either of the following times: (i) When 
the

[[Page 10568]]

aircraft is being operated below MDA; or (ii) upon arrival at the 
missed approach point, including a DA/DH where a DA/DH is specified and 
its use is required, and at any time after that until touchdown.
    In amending Sec.  91.175(e)(1), the FAA did not intend to remove 
paragraphs (e)(1)(i) and (ii), which identify the following times 
referred to in paragraph (e)(1). However, the amendatory instruction 
advised the Office of the Federal Register to revise Sec.  91.175(e)(1) 
and the regulatory text that accompanied the amendatory instruction 
failed to include paragraphs (e)(1)(i) and (ii). As a result, 
paragraphs (e)(1)(i) and (ii) were inadvertently removed from Sec.  
91.175. This error also occurs in amendatory instruction 18, which will 
amend Sec.  91.175(e)(1) effective March 13, 2018.
    The FAA intended only to update the cross references in Sec.  
91.175(e)(1) to coincide with the transition period and did not intend 
to remove paragraphs (e)(1)(i) and (ii). The FAA is therefore revising 
Sec.  91.175(e)(1) by reinstating paragraphs (e)(1)(i) and (ii) 
accordingly. Additionally, in amendatory instruction 18 of the EFVS 
final rule,\3\ the FAA corrects the revisions to Sec.  91.175(e)(1) by 
including the text of paragraphs (e)(1)(i) and (ii). These corrections 
ensure the paragraphs are retained when the cross-reference to Sec.  
91.175(l) is removed on March 13, 2018.
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    \3\ 81 FR at 90172.
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    Because this amendment results in no substantive change, the FAA 
finds that the notice and public procedures under 5 U.S.C. 553(b) are 
unnecessary. For the same reason, the FAA finds good cause exists under 
5 U.S.C. 553(d)(3) to make the amendments effective in less than 30 
days.

Federal Register Correction

    Effective March 13, 2018, in rule document 2016-28714 at 81 FR 
90126 in the issue of December 13, 2016, on page 90172, in the third 
column, in amendatory instruction 18, paragraph (e)(1) is corrected to 
read as follows:

Sec.  91.175 [Corrected]

    (e) * * *
    (1) Whenever operating an aircraft pursuant to paragraph (c) of 
this section or Sec.  91.176 of this part, and the requirements of that 
paragraph or section are not met at either of the following times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DA/DH 
where a DA/DH is specified and its use is required, and at any time 
after that until touchdown.

List of Subjects in 14 CFR Part 91

    Air carrier, Air taxis, Aircraft, Airmen, Aviation safety, 
Transportation.

Correcting Amendment

    For the reasons stated in the preamble, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
2. In Sec.  91.175, revise paragraph (e)(1) to read as follows:


Sec.  91.175   Takeoff and landing under IFR.

* * * * *
    (e) * * *
    (1) Whenever operating an aircraft pursuant to paragraph (c) or (l) 
of this section or Sec.  91.176 of this chapter, and the requirements 
of that paragraph or section are not met at either of the following 
times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DA/DH 
where a DA/DH is specified and its use is required, and at any time 
after that until touchdown.
* * * * *

    Issued under the authority of 49 U.S.C. 106(f) and (g) and 
44701(a) in Washington, DC, on March 6, 2018.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2018-04888 Filed 3-9-18; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Rules and Regulations 10567

float bag being used in an emergency water Regional Counsel, Southwest Region, 10101 FR 9677 (February 8, 2017) is effective
ditching and subsequent injury to helicopter Hillwood Pkwy., Room 6N–321, Fort Worth, March 13, 2018.
occupants. TX 76177.
FOR FURTHER INFORMATION CONTACT:
(2) The subject of this AD is addressed in
(c) Effective Date
European Aviation Safety Agency (EASA) AD Terry King, Flight Technologies and
This AD becomes effective April 16, 2018. No. 2016–0263–E, dated December 22, 2016. Procedures Division, Flight Standards
You may view the EASA AD on the internet Service, Federal Aviation
(d) Compliance
at http://www.regulations.gov in Docket No. Administration, 800 Independence
You are responsible for performing each FAA–2017–1010. Avenue SW, Washington, DC 20591;
action required by this AD within the
(h) Subject telephone (202) 267–8790; email
specified compliance time unless it has
already been accomplished prior to that time. Terry.King@faa.gov.
Joint Aircraft Service Component (JASC)
Code: 3212 Emergency Flotation Section. SUPPLEMENTARY INFORMATION:
(e) Required Actions
(1) Within 120 hours time-in-service: Issued in Fort Worth, Texas, on March 2, Background
(i) Unfold and inspect each float bag 2018. On December 13, 2016, the FAA
assembly for any cuts, tears, punctures, or Scott A. Horn, published a final rule entitled,
abrasion. If there is a cut, tear, puncture, or Deputy Director for Regulatory Operations, ‘‘Revisions to Operational Requirements
any abrasion, before further flight, repair the Compliance & Airworthiness Division,
float bag assembly.
for the Use of Enhanced Flight Vision
Aircraft Certification Service. Systems (EFVS) and to Pilot
(ii) Replace each O-ring P/N S–B10104
[FR Doc. 2018–04861 Filed 3–9–18; 8:45 am] Compartment View Requirements for
with a pressure relief/topping (PRT) valve
gasket P/N 316683A. BILLING CODE 4910–13–P Vision Systems.’’ 1 Prior to that final
(iii) Install each PRT valve P/N P–G10025 rule, the operating rules for EFVS
and apply a torque of 4.5 to 5.5 Nm (39.8 to operations to 100 feet above the TDZE
48.6 inch-pounds). DEPARTMENT OF TRANSPORTATION were contained in § 91.175(l) and (m). In
(iv) Replace each inflate/deflate protection the EFVS final rule, which became
P/N 304694A with a PRT valve protection P/ Federal Aviation Administration
N 304694B.
effective, in part, on March 13, 2017, the
(v) Install a piece of tape approximately FAA created new 14 CFR 91.176 to
14 CFR Part 91
220 millimeters long over each PRT valve contain the operating rules for EFVS
protection P/N 304694B. [Docket No.: FAA–2013–0485; Amdt. No. operations to touchdown and rollout
(2) After the effective date of this AD, do 91–345B] and for EFVS operations to 100 feet
not install an EFS float assembly P/N above the TDZE.
8G9560V00131, S/N 066 or lower; P/N RIN 2120–AJ94 As explained in the preamble to the
8G9560V00231, S/N 068 or lower; P/N final rule, the FAA provided an
8G9560V00331, S/N 068 or lower; or P/N Revisions to Operational
Requirements for the Use of Enhanced adequate transition period for operators
8G9560V00431, S/N 067 or lower on any
helicopter unless you have complied with Flight Vision Systems (EFVS) and to and pilots conducting EFVS operations
the actions in paragraph (e)(1) of this AD. Pilot Compartment View Requirements to 100 feet above the touchdown zone
for Vision Systems; Correcting elevation.2 During this transition period,
(f) Alternative Methods of Compliance which concludes on March 13, 2018, a
(AMOCs) Amendment
pilot may comply with either § 91.175(l)
(1) The Manager, Safety Management AGENCY: Federal Aviation and (m) or § 91.176(b). Beginning on
Section, FAA, may approve AMOCs for this Administration (FAA), DOT. March 13, 2018, persons conducting
AD. Send your proposal to: Martin R. Crane,
Aviation Safety Engineer, Regulations and ACTION: Final rule; correction; correcting EFVS operations to 100 feet above the
Policy Section, Rotorcraft Standards Branch, amendment. TDZE must comply with § 91.176(b).
FAA, 10101 Hillwood Pkwy., Fort Worth, TX Section 91.175(e)(1) included a cross-
76177; telephone (817) 222–5110; email 9- SUMMARY: The FAA is correcting a final reference to § 91.175(l) prior to the final
ASW-FTW-AMOC-Requests@faa.gov. rule published on December 13, 2016. In rule. To accommodate the transition
(2) For operations conducted under a 14 that rule, the FAA amended its period, the FAA made a conforming
CFR part 119 operating certificate or under regulations to allow operators to use an amendment to § 91.175(e)(1), effective
14 CFR part 91, subpart K, we suggest that enhanced flight vision system (EFVS) in March 13, 2017, by adding a cross-
you notify your principal inspector, or
lieu of natural vision to continue reference to § 91.176. Additionally, to
lacking a principal inspector, the manager of
the local flight standards district office or descending from 100 feet above the conform with the conclusion of the
certificate holding district office, before touchdown zone elevation (TDZE) to the transition period, the FAA included
operating any aircraft complying with this runway and to land on certain straight- instructions to amend § 91.175(e)(1),
AD through an AMOC. in instrument approach procedures effective March 13, 2018, by removing
(g) Additional Information
(IAPs) under instrument flight rules the cross-reference to § 91.175(l).
(IFR). As part of the final rule, the FAA Prior to the EFVS final rule,
(1) Leonardo Helicopters Bollettino inadvertently removed some regulatory § 91.175(e)(1) allowed a pilot operating
Tecnico No. 189–135, dated December 20,
2016, and Aero Sekur Service Bulletin No. text. This document corrects that error. an aircraft, except a military aircraft of
SB–189–25–003, dated November 30, 2016, Additionally, this document corrects the the United States, to immediately
which are not incorporated by reference, same error in an amendatory instruction execute an appropriate missed approach
contain additional information about the of the EFVS final rule to ensure the procedure whenever operating under
subject of this AD. For service information correction to the regulation is retained § 91.175(c) or (l) and the requirements of
identified in this AD, contact Leonardo when the regulation is subsequently that paragraph are not met at either of
daltland on DSKBBV9HB2PROD with RULES

S.p.A. Helicopters, Matteo Ragazzi, Head of amended on March 13, 2018. the following times: (i) When the
Airworthiness, Viale G.Agusta 520, 21017
DATES: The correcting amendment
C.Costa di Samarate (Va) Italy; telephone 1 81 FR 90126; corrected at 82 FR 2193, January
+39–0331–711756; fax +39–0331–229046; or (amendatory instruction 2) is effective
9, 2017; delayed at 82 FR 9677, February 8, 2017;
at http://www.leonardocompany.com/-/ March 12, 2018. The correction to the corrected at 83 FR 1186, January 10, 2018; corrected
bulletins. You may review the referenced final rule published at 81 FR 90126 at 83 FR 4420, January 31, 2018.
service information at the FAA, Office of the (December 13, 2016), and delayed at 82 2 81 FR at 90154.

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10568 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Rules and Regulations

aircraft is being operated below MDA; or is required, and at any time after that DEPARTMENT OF ENERGY
(ii) upon arrival at the missed approach until touchdown.
point, including a DA/DH where a DA/ Federal Energy Regulatory
DH is specified and its use is required, List of Subjects in 14 CFR Part 91 Commission
and at any time after that until Air carrier, Air taxis, Aircraft,
touchdown. 18 CFR Part 11
Airmen, Aviation safety, Transportation.
In amending § 91.175(e)(1), the FAA [Docket No. RM11–6–000]
did not intend to remove paragraphs Correcting Amendment
(e)(1)(i) and (ii), which identify the Annual Update to Fee Schedule for the
following times referred to in paragraph For the reasons stated in the Use of Government Lands by
(e)(1). However, the amendatory preamble, the Federal Aviation Hydropower Licensees
instruction advised the Office of the Administration amends chapter I of title
Federal Register to revise § 91.175(e)(1) 14, Code of Federal Regulations as AGENCY: Federal Energy Regulatory
and the regulatory text that follows: Commission.
accompanied the amendatory ACTION: Final rule; annual update to fee
instruction failed to include paragraphs PART 91—GENERAL OPERATING AND schedule.
(e)(1)(i) and (ii). As a result, paragraphs FLIGHT RULES
SUMMARY: In accordance with the
(e)(1)(i) and (ii) were inadvertently Commission’s regulations, the
removed from § 91.175. This error also ■ 1. The authority citation for part 91 Commission, by its designee, the
occurs in amendatory instruction 18, continues to read as follows: Executive Director, issues this annual
which will amend § 91.175(e)(1) Authority: 49 U.S.C. 106(f), 106(g), 1155, update to the fee schedule in the
effective March 13, 2018. 40101, 40103, 40105, 40113, 40120, 44101, appendix to the part, which lists per-
The FAA intended only to update the 44111, 44701, 44704, 44709, 44711, 44712, acre rental fees by county (or other
cross references in § 91.175(e)(1) to 44715, 44716, 44717, 44722, 46306, 46315, geographic area) for use of government
coincide with the transition period and 46316, 46504, 46506–46507, 47122, 47508, lands by hydropower licensees.
did not intend to remove paragraphs 47528–47531, 47534, Pub. L. 114–190, 130 DATES: This rule is effective March 12,
(e)(1)(i) and (ii). The FAA is therefore Stat. 615 (49 U.S.C. 44703 note); articles 12
revising § 91.175(e)(1) by reinstating 2018. Updates appendix A to part 11
and 29 of the Convention on International with the fee schedule of per-acre rental
paragraphs (e)(1)(i) and (ii) accordingly. Civil Aviation (61 Stat. 1180), (126 Stat. 11).
Additionally, in amendatory instruction fees by county (or other geographic area)
18 of the EFVS final rule,3 the FAA ■ 2. In § 91.175, revise paragraph (e)(1) are applicable from October 1, 2017,
corrects the revisions to § 91.175(e)(1) through September 30, 2018 (Fiscal Year
to read as follows:
by including the text of paragraphs 2018).
(e)(1)(i) and (ii). These corrections § 91.175 Takeoff and landing under IFR. FOR FURTHER INFORMATION CONTACT:
ensure the paragraphs are retained when * * * * * Norman Richardson, Financial
the cross-reference to § 91.175(l) is Management Division, Office of the
(e) * * * Executive Director, Federal Energy
removed on March 13, 2018.
Because this amendment results in no (1) Whenever operating an aircraft Regulatory Commission, 888 First Street
substantive change, the FAA finds that pursuant to paragraph (c) or (l) of this NE, Washington, DC 20426, (202) 502–
the notice and public procedures under section or § 91.176 of this chapter, and 6219, Norman.Richardson@ferc.gov.
5 U.S.C. 553(b) are unnecessary. For the the requirements of that paragraph or SUPPLEMENTARY INFORMATION:
same reason, the FAA finds good cause section are not met at either of the
Annual Update to Fee Schedule
exists under 5 U.S.C. 553(d)(3) to make following times:
the amendments effective in less than (i) When the aircraft is being operated (Issued March 6, 2018)
30 days. below MDA; or Section 11.2 of the Commission’s
Federal Register Correction (ii) Upon arrival at the missed regulations provides a method for
computing reasonable annual charges
Effective March 13, 2018, in rule approach point, including a DA/DH
for recompensing the United States for
document 2016–28714 at 81 FR 90126 where a DA/DH is specified and its use
the use, occupancy, and enjoyment of
in the issue of December 13, 2016, on is required, and at any time after that its lands by hydropower licensees.1
page 90172, in the third column, in until touchdown. Annual charges for the use of
amendatory instruction 18, paragraph * * * * * government lands are payable in
(e)(1) is corrected to read as follows: advance, and are based on an annual
Issued under the authority of 49 U.S.C.
§ 91.175 [Corrected] 106(f) and (g) and 44701(a) in Washington, schedule of per-acre rental fees
DC, on March 6, 2018. published in Appendix A to Part 11 of
(e) * * *
(1) Whenever operating an aircraft Lirio Liu, the Commission’s regulations.2 This
pursuant to paragraph (c) of this section notice updates the fee schedule in
Director, Office of Rulemaking.
or § 91.176 of this part, and the Appendix A to Part 11 for fiscal year
[FR Doc. 2018–04888 Filed 3–9–18; 8:45 am] 2018 (October 1, 2017, through
requirements of that paragraph or
section are not met at either of the
BILLING CODE 4910–13–P September 30, 2018).
following times: Effective Date
daltland on DSKBBV9HB2PROD with RULES

(i) When the aircraft is being operated This Final Rule is effective March 12,
below MDA; or 2018. The provisions of 5 U.S.C. 804,
(ii) Upon arrival at the missed
approach point, including a DA/DH 1 Annual Charges for the Use of Government
where a DA/DH is specified and its use Lands, Order No. 774, FERC Stats. & Regs. ¶ 31,341
(2013).
3 81 FR at 90172. 2 18 CFR part 11 (2018).

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Document Created: 2018-11-01 08:51:56
Document Modified: 2018-11-01 08:51:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction; correcting amendment.
Dates		The correcting amendment (amendatory instruction 2) is effective March 12, 2018. The correction to the final rule published at 81 FR 90126 (December 13, 2016), and delayed at 82 FR 9677 (February 8, 2017) is effective March 13, 2018.
Contact		Terry King, Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-8790; email [email protected]
FR Citation		83 FR 10567
RIN Number		2120-AJ94
CFR Associated		Air Carrier; Air Taxis; Aircraft; Airmen; Aviation Safety and Transportation