SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary

II. Authority for This Rulemaking

III. Background

IV. Discussion of the Proposed Rule

A. 14 CFR 1.1 Definitions

B. § 91.1039 IFR Takeoff, Approach and Landing Minimums

C. § 121.101 Weather Reports and Forecasts

D. § 121.119 Weather Reports and Forecasts

E. § 121.171 Subpart I—Airplane Performance Operating Limitation Applicability

F. § 121.651 Takeoff and Land Weather Minimums: IFR: All Certificate Holders

G. § 135.201 Subpart D—VFR/IFR Operating Limitations and Weather Requirements Applicability

H. § 135.213 Weather Reports and Forecasts

I. § 135.225 IFR: Takeoff, Approach and Landing Minimums

J. Subpart I—Airplane Performance Operating Limitations § 135.361 Applicability

K. § 135.611 IFR Operations at Locations Without Weather Reporting

V. Regulatory Notices and Analyses

A. Regulation Impact Analysis

B. Regulatory Flexibility Act

C. International Trade Impact Assessment

D. Unfunded Mandates Assessment

E. Paperwork Reduction Act

F. International Compatibility

G. Environmental Analysis

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

C. Executive Order 13609, Promoting International Regulatory Cooperation

D. Executive Order 14192, Unleashing American Prosperity Through Deregulation

VII. Additional Information

A. Comments Invited

B. Confidential Business Information

C. Electronic Access and Filing

D. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

This proposed rule would remove outdated references to weather reports prepared by the U.S. National Weather Service (NWS) and would give the FAA Administrator greater ability to approve alternate sources of weather information. Current regulations require that, for domestic and flag operations, no certificate holder may use any weather report to control flight unless, for operations within the 48 contiguous States and the District of Columbia, it was prepared by NWS or a source approved by NWS (14 CFR 121.101). Similar requirements exist for certificate holders conducting supplemental operations (14 CFR 121.119), for commuter and on-demand operations (14 CFR 135.213), and for operations conducted under subpart K of part 91 (14 CFR 91.1039). Further, both parts 121 and 135 provide that no pilot may begin an instrument approach procedure to an airport unless that airport has a weather reporting facility operated by NWS, a source approved by NWS, or a source approved by the Administrator (14 CFR 121.651, 135.225, and 135.611).

This proposed rule would remove the outdated references to NWS from parts 91, 121, and 135. This action is necessary because NWS has discontinued providing the weather reports referenced in the regulations. Specifically, NWS no longer provides the weather reporting for flight operations required by §§ 91.1039, 121.101, 121.119, 121.651, 135.213, 135.225, and 135.611. Therefore, this rule proposes to remove the outdated references to NWS and the Weather Bureau, where applicable, from these regulations. Instead, in alignment with current practices, FAA would be the source for weather reports. Because FAA is already providing these reports in practice, this action imposes no additional burdens on operators and, in some instances, relieves operators from the need for exemptions or other cumbersome approval processes. ( printed page 30250)

In addition, this rule adds to §§ 121.101 and 121.119 the ability for domestic and flag operators, and supplemental operators, respectively, to use a weather source approved by the Administrator. Under current regulations, an alternate weather source must be approved by NWS, for § 121.101, and the “Weather Bureau” for § 121.119. This proposed rule would substitute the “Administrator” for the “Weather Bureau” and “U.S. National Weather Service” in these regulations, where applicable, to allow FAA to approve alternate weather sources. This proposed change would enhance weather information availability by enabling the Administrator to approve third-party weather sources.

II. Authority for This Rulemaking

FAA's authority to issue rules on aviation safety is found in title 49 of the United States Code. Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of FAA's authority. This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate and revise regulations and rules related to aviation safety. This rulemaking is also promulgated under 49 U.S.C. 44701(a)(5) which requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce. These proposed regulations are within the scope of that authority.

III. Background

In 2013, FAA and NWS agreed to transfer the certification, training and inspection authority for weather observation programs operating under FAA requirements from NWS to FAA.¹ Specifically, the Limited Aviation Weather Reporting Service (LAWRS), the Contract Weather Observers (CWOs) and Non-Federal Observers (NF-OBS) programs were successfully transitioned on March 31, 2013.² In addition, the Supplementary Aviation Weather Reporting Stations (SAWRS) program would be studied for transitioning in the future. The SAWRS program was established by NWS to satisfy FAA's requirement for uninterrupted weather observations at locations that did not have LAWRS, CWOs or NF-OBS. The SAWRS program was transferred to FAA on October 1, 2015.³ Accordingly, NWS no longer issues the weather reports contemplated by FAA's regulations and the respective agencies have been operating under this agreement for over a decade.

Specifically, §§ 91.1039, 121.101, 121.119, 121.651, 135.213, 135.225, and 135.611 each reference the use of weather reporting facilities operated by NWS, or a source approved by NWS. However, NWS no longer operates these weather reporting facilities nor provides the weather reports required by FAA's regulations. Therefore, the references to NWS are outdated. However, FAA notes that NWS remains responsible for aviation weather forecasts, which involve the prediction of weather conditions in the future. Therefore, the proposed amendments in this rule would not affect weather forecast requirements.

FAA's regulations also contain outdated references to NWS approval processes for alternate weather sources. For part 121 operators, §§ 121.101 and 121.119 state NWS must approve any alternative source of weather information for operations in the 48 contiguous States. However, NWS does not have a formal process to approve alternate sources of weather information for part 121 operations and, therefore, part 121 operators in the contiguous 48 States typically seek an exemption in order to use alternate sources. For part 135 operators, a formal advisory service process does exist, but it is cumbersome, does not lend itself to approvals, and is not frequently used. Specifically, when a part 135 operator makes a request to use an alternate source of weather information, FAA sends a letter to NWS. NWS then investigates this request along with the responsible Flight Standards office. If it is found that the standards of safety for that operation are maintained, the air carrier's operating certificate will be amended appropriately to reflect the ability to use that alternate source of weather information.

Accordingly, this proposed rule would remove references to “a source approved by the U.S. National Weather service” and give the Administrator primary authority to approve alternate weather information. FAA is the meteorological authority for aviation weather for the United States and therefore has the responsibility and capability to approve weather sources. This proposed change would allow FAA to evaluate and approve an alternate weather source without NWS advisory service, resulting in a more streamlined, user-friendly, and efficient process. For part 121 operators, this proposed change would also void the need for operators to use the exemption process to use an FAA-approved alternative weather source under §§ 121.101 and 121.119.

Because this proposed rule would eliminate the requirement that operators obtain weather reports and alternative source approvals from NWS, FAA expects it would enhance weather information availability by enabling the use of third-party weather sources approved by FAA. Weather information is required for many aviation operations and is critical for aviation safety. In some areas, sources of weather information for aviation operations are limited and may not be sufficient to provide for safe operations. For additional sources, such as sensors, observers, and alternate locations to be used, the data they provide must be reliable and add to operational safety. These proposed changes would give FAA greater ability to review and approve third-party weather sources.

To this end, a Safety Risk Management (SRM) Panel met on the topic of Use of Analyzed Weather Information, February 6-8, 2024, and completed May 13, 2024.⁴ This panel met for the purpose of determining the safety risk associated with FAA allowing the use of Performance-Based Analyzed Weather information as an approved source of weather information for parts 121 and 135 operations where certified/approved sensed weather information is not available ( i.e., no sensor) or missing ( i.e., incomplete weather information). The SRM document addresses the safety risk assessment of the hazards associated with using Analyzed Weather Information as approved weather for parts 121 and 135 operations where approved sensed weather information is unavailable or missing.⁵ The SRM Panel issued its report in October 2024. The SRM Panel addressed weather information required by FAA regulations for aviators to use in their operations found in the Meteorological Aerodrome Report (METAR) describing ceiling and visibility, temperature and dew point, atmospheric pressure, wind speed and direction, and present weather. The SRM Panel identified hazards and risks that require mitigation. FAA Order 8900.1, Volume 3, Chapter 18, Section 3 and/or OpSpec A010 will be updated to incorporate mitigation guidance based on the variability of the analyzed weather relative to the current performance of the data quality of an ASOS/AWOS. Mitigation adjustments will be made for latency and data variability as well as geographic variability of data where station-based information is not possible/available. The SRM Panel noted with applicable mitigations ( printed page 30251) applied, hazards would be reduced to low risk and at a level no different than how the NAS operates today with respect to Weather Information. With the resultant low risk assessment, the Panel concluded a Monitoring Plan was not required.⁶ FAA anticipates this rule, if adopted as proposed, would give the agency more flexibility to approve the use of the kinds of analyzed weather information identified by the SRM panel.

IV. Discussion of the Proposed Rule

This proposed rule would align FAA regulations with current practices by removing outdated references to NWS and “weather reporting facilities.” The adoption of this proposed rule would also alleviate the burden on operators to engage in cumbersome approval processes through NWS and, for some part 121 operators, eliminate the need to obtain exemptions to utilize proven and reliable alternate sources of weather information.

A. 14 CFR 1.1 Definitions

Definitions applicable throughout FAA regulations are contained in 14 CFR 1.1, among which is the definition of “ Ground visibility.” This rule, if finalized as proposed, would revise the definition of “ Ground visibility” to change the source of weather information from NWS to FAA. FAA is already providing these weather observations either by sensors or human observation. This revision is a necessary amendment to ensure accuracy now that NWS no longer provides the referenced service.

The proposed definition reads: “ Ground visibility means prevailing horizontal visibility near the earth's surface as reported by the Federal Aviation Administration or an accredited observer.”

B. 14 CFR 91.1039 IFR Takeoff, Approach and Landing Minimums

Section 91.1039 prohibits a pilot from beginning an instrument approach to an airport unless that airport or the alternate airport has a weather reporting facility operated by NWS, a source approved by NWS, or a source approved by the Administrator. The proposed amendments to this section would remove references to NWS and change the source of weather information to FAA or a source approved by the Administrator.

Presently, because NWS has not produced weather reports for over ten years, pilots needing to fly to locations where the tower is unavailable must request approval from FAA to receive weather data from another source. The proposed amendment would allow FAA to locate and approve alternate sources of weather data, which would provide more certainty to those seeking to use an alternate weather source at a particular location.

The proposed amendments also remove the phrase “weather reporting facility” from paragraphs (a)(1), (a)(2), and (b). This term is outdated, does not accurately encompass the kind of weather information used in practice, and is not in alignment with the terminology used throughout part 135. The proposed regulation will replace the term “weather reporting facility” with “weather report” and, as discussed previously, require that report to be prepared by FAA or a source approved by FAA.

C. 14 CFR 121.101 Weather Reports and Forecasts

Currently, § 121.101 requires a certificate holder conducting domestic or flag operations to ensure adequate weather reporting is available along each route and further requires any weather report used to control flight be prepared by NWS or a source approved by NWS. At present, the regulation does not enable the Administrator to approve alternate sources of weather information for such operators.

This proposed rule would remove references to NWS and instead require operators to use weather reports prepared by FAA. The proposed amendment would also add to § 121.101(b) the ability of the Administrator to approve alternative sources of weather information. Because current § 121.101(b)(2) already authorizes the Administrator to approve alternate sources of weather information for operators outside of the 48 contiguous States, a process already exists for such approvals. With this proposed amendment, FAA anticipates applying this same process to operators within the contiguous United States.

Further, in light of the amendment to the weather report language in § 121.101(b), FAA proposes to clarify in § 121.101(c) that forecasts used to control flight movement must still be prepared by NWS, or a source approved by the Administrator.

In addition, FAA proposes to amend the section heading of this regulation from “Weather reporting facilities” to “Weather reports and forecasts” to harmonize with the terminology used in part 135, remove the outdated term, and to be inclusive of forecasts.

D. 14 CFR 121.119 Weather Reports and Forecasts

Under the current regulation, only a weather report prepared and released by NWS, or a source approved by the Weather Bureau may be used to control flight by a certificate holder conducting supplemental operations. This proposed rule would remove the reference to NWS and the Weather Bureau and require such a report to be prepared by FAA, or a source approved by the Administrator.

The rule also proposes to amend paragraph (b) to clarify that forecasts used to control flight movements will still be prepared by NWS, as is current practice. FAA is also proposing to add new language to this paragraph to allow the Administrator to approve an alternate source of forecast information. As proposed, paragraph (b) would allow a certificate holder conducting supplemental operations to use a forecast prepared by NWS or a source approved by the Administrator to control flight movements.

For operations outside the U.S. or at U.S. Military airports, the regulation currently requires a weather report be “prepared by a source found satisfactory by the Administrator.” This rule proposes to remove the ambiguous phrase “found satisfactory” from paragraph (a) in favor of the more consistent phrase “approved by the Administrator.” This change would clarify a certificate holder conducting supplemental operations outside the U.S. can use a weather report “approved by the Administrator” and align the terminology used in paragraph (a) with the rest of the part 121 regulations.

Similar to the proposed section heading revision to § 121.101, FAA proposes to revise the section heading of this regulation to be inclusive of forecasts and weather reports. The proposed amendment would change the section heading from “Weather reporting facilities” to “Weather reports and forecasts.” Weather reporting facilities is an outdated, non-standardized term and this proposed change would align this section with the rest of the proposed rule.

E. 14 CFR 121.171 Subpart I—Airplane Performance Operating Limitations Applicability

The proposed rule would amend this section by adding a general statement that weather information required by subpart I of part 121 be provided by or approved by the Administrator. This amendment is intended to clarify that weather information required under subpart I of part 121, Airplane ( printed page 30252) Performance Operating Limitations, must be prepared by FAA or a source approved by FAA.

F. 14 CFR 121.651 Takeoff and Landing Weather Minimums: IFR: All Certificate Holders

Under the current § 121.651(a), no pilot may begin a takeoff in an airplane under IFR when the weather conditions reported by NWS, a source approved by NWS, or a source approved by the Administrator are less than those specified in the certificate holder's OpSpecs for parts 91 and 97, as applicable. Because NWS is no longer reporting weather conditions, this rule would remove the outdated reference to the “U.S. National Weather Service” and clarify that a pilot must utilize a report issued by FAA or a source approved by FAA to fulfil this regulatory requirement.

This rule also proposes to make corresponding amendments to paragraphs (b)(1) and (2) by removing the outdated references to NWS. The proposed changes to paragraph (b)(1) clarify that no pilot may continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure at any airport, “unless the Federal Aviation Administration or a source approved by the Administrator prepares a weather report for that airport.” The proposed changes to paragraph (b)(2) similarly clarify that the “latest weather report for an airport issued by the Federal Aviation Administration or a source approved by the Administrator” must report the visibility to be equal to or more than the visibility minimums prescribed for that procedure.

G. Subpart D—VFR/IFR Operating Limitations and Weather Requirements 14 CFR 135.201 Applicability

This proposed rule would add a new paragraph to the applicability section for subpart D of part 135 that states weather information required by subpart D must be prepared by FAA or a source approved by the Administrator.

H. § 135.213 Weather Reports and Forecasts

This section currently states that whenever a person operating an aircraft under part 135 is required to use a weather report or forecast, that report or forecast must be from NWS or a source approved by NWS, or a source approved by the Administrator. In the context of weather reports, this proposed rule would remove the references to NWS and instead require the weather report to be prepared by FAA, or a source approved by FAA. The proposed rule retains the requirement for a person to use a forecast prepared by NWS or a source approved by the Administrator.

I. 14 CFR 135.225 IFR: Takeoff, Approach and Landing Minimums

Paragraph (a) of this section currently states that no pilot may begin an instrument approach to an airport unless the airport has a weather reporting facility operated by NWS, a source approved by NWS, or a source approved by the Administrator. This proposed rule would remove the outdated reference to NWS and instead require the airport to have a weather report prepared by FAA or a weather source approved by FAA. The proposed rule also removes the term “weather reporting facility” from this paragraph, as well as from paragraph (b), because it is an outdated, non-standardized term. In its place, FAA is proposing to use the more accurate term “weather report.”

For paragraph (b), applicable to eligible on-demand operations, this proposed rule would similarly remove the outdated reference to NWS. In parallel with the changes to paragraph (a), FAA is proposing to change the phrase “a weather reporting facility operated by the U.S. National Weather Service, a source approved by the U.S. National Weather Service, or a source approved by the Administrator” to “weather report prepared by the Federal Aviation Administration or a source approved by the Administrator.”

For paragraph (b)(2) specifically, FAA is proposing to replace the phrase “the current altimeter setting provided by the facility” designated on the approach chart for the destination airport with “the Remote Altimeter Setting Source (RASS).” This change would continue to allow an eligible on-demand operation to use an alternate altimeter setting from a nearby weather report, if it is charted on the instrument approach chart for the intended destination. This change is intended to update and clarify the language of the current regulation, in order to align the regulation with current industry practice. It is not intended to alter its meaning or add a new regulatory burden for operators.

FAA is also proposing to make corresponding editorial amendments to paragraphs (c), (g), and (h) to remove the term “facility” and replace it with “report.” In paragraph (d), FAA is also proposing to remove a reference to the “appropriate facility” for clarity. Though the use of this term in paragraph (d)(1)(iii)(A) does not refer to a weather reporting facility, the language is extraneous and its removal does not change the meaning of the regulation.

J. Subpart I—Airplane Performance Operating Limitations 14 CFR 135.361 Applicability

The proposed rule would add to this applicability section a general statement that weather information required by subpart I of part 135 must be prepared by or approved by the Administrator.

K. 14 CFR 135.611 IFR Operations at Locations Without Weather Reporting

Section 135.611 currently requires certificate holders who are authorized to conduct helicopter IFR operations to obtain a weather report from a weather reporting facility operated by NWS, a source approved by NWS, or a source approved by FAA located within 15 nautical miles of the airport when conducting IFR helicopter air ambulance operations at airports with an instrument approach procedure and “at which a weather report is not available from the U.S. National Weather Service (NWS), a source approved by NWS, or a source approved by the FAA.” The proposed rule would again remove the outdated references to NWS and substitute FAA, or a source approved by the Administrator, as the source for weather reports required by this regulation.

V. Regulatory Notices and Analyses

A. Regulatory Impact Analysis

Executive Order (E.O.) 12866 (“Regulatory Planning and Review”) and E.O. 13563 (“Improving Regulation and Regulatory Review”) require agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” The Office of Management and Budget has determined this proposed rule is not a significant regulatory action as defined in section 3(f) of E.O. 12866.

This proposed rule would remove outdated references to weather reports prepared by NWS and give the FAA Administrator greater ability to approve alternate sources of weather information. Presently, FAA certifies weather reporting in the absence of NWS reports for parts 121 and 135 operations. This is possible because FAA is a source confirmed by NWS. Thus, there would be no change to existing industry practice due to these proposed changes and no impact for this update to outdated language.

This proposed rule would also streamline weather information ( printed page 30253) availability by enabling the FAA Administrator to approve third-party weather sources. Presently, domestic, flag, and supplemental operators conducting operations under part 121 must utilize the exemption process to use such sources, and part 135 operators must undergo a cumbersome approval process that requires coordination with NWS. It is expected that authorizing the Administrator to approve alternate weather sources would be a less labor-intensive process and more efficient for both FAA and operators, though FAA has not quantified any specific monetary savings.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires agencies to analyze the economic impacts of certain rules on small entities. When an agency proposes a rule likely to have a significant economic impact on a substantial number of small entities, it must prepare an initial regulatory flexibility analysis (IRFA) describing the rule's impact on small entities and any significant alternatives considered.

The adoption of this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would remove outdated, obsolete language regarding NWS and enable a more streamlined approval process for the approval of third-party weather sources. Currently, parts 121 and 135 operators would need to undergo a cumbersome exemption application process to use third-party weather sources, and this proposal would enable a streamlined approval process instead. These proposed provisions do not add any new costs to regulated entities. Therefore, FAA certifies the proposed rule will not have a significant economic impact on small entities. FAA welcomes comments on the basis for this certification.

C. International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, they be the basis for U.S. standards.

FAA has assessed the potential effect of this rule and determined that it ensures the safety of the American public and does not exclude imports that meet this objective. As a result, FAA does not consider this rule as creating an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or Tribal government or the private sector to incur direct costs without the Federal Government having first provided the funds to pay those costs. FAA has determined this proposed rule will not result in the expenditure of $187 million or more by State, local, or Tribal governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires FAA to consider the impact of paperwork and other information collection burdens imposed on the public. FAA has determined there is no new requirement for information collection associated with this proposed rule.

F. International Compatibility

In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. FAA has determined there are no ICAO Standards and Recommended Practices that correspond to these regulations.

G. Environmental Analysis

FAA has analyzed the environmental impacts of this proposed rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq. ). FAA has determined this rule is categorically excluded pursuant to Paragraph B-2.6(f) of Appendix B to FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures.⁷ Categorical exclusions are categories of actions the agency has determined normally do not significantly affect the quality of the human environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS).⁸ In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS.⁹ This rulemaking, which would remove outdated references to weather reports prepared by NWS and give the FAA Administrator greater ability to approve alternate sources of weather information, is categorically excluded pursuant to Paragraph B-2.6(f) of FAA Order 1050.1G: “Regulations, standards, and exemptions (excluding those if implemented may cause a significant impact on the human environment).” FAA does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

FAA has analyzed this proposed rule under the principles and criteria of E.O. 13132, Federalism. FAA has determined this action will not have a substantial direct effect on the States, the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government and, therefore, will not have federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

FAA analyzed this proposed rule under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. FAA has determined it is not a “significant energy action” under the executive order and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory Cooperation

E.O. 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. FAA has analyzed this action under the policies and agency responsibilities of E.O. 13609 and has determined this action will have no effect on international regulatory cooperation. ( printed page 30254)

D. Executive Order 14192, Unleashing American Prosperity Through Deregulation

E.O. 14192 (“Unleashing Prosperity through Deregulation”) issued January 31, 2025, instructs agencies to “alleviate unnecessary regulatory burdens.” FAA expects this proposed rule, if finalized as proposed, to be an E.O. 14192 deregulatory action as it removes outdated references and enables a more efficient approval process.

VII. Additional Information

A. Comments Invited

FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The most helpful comments reference a specific portion of the rule, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.

FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking. Before acting on this rulemaking, FAA will consider all comments it receives on or before the closing date for comments. FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. FAA may change this rule in light of the comments it receives.

Privacy: In accordance with 5 U.S.C. 553(c), FAA solicits comments from the public to better inform its rulemaking process. FAA posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/​privacy.

B. Confidential Business Information

Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this proposed rule contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this proposed rule, it is important you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this proposed rule. Submissions containing CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT section of this document. Any commentary FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.

C. Electronic Access and Filing

A copy of this proposed rule, all comments received, any final rule, and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this proposed rule will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register's website at www.federalregister.gov and the Government Publishing Office's website at www.govinfo.gov. A copy may also be found on FAA's Regulations and Policies website at www.faa.gov/​regulations_​policies.

Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. Commenters must identify the docket or notice number of this rulemaking.

All documents FAA considered in developing this proposed rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking.

D. 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 www.faa.gov/​regulations_​policies/​rulemaking/​sbre_​act/​.

Endnotes

¹  Letter, March 6, 2015, Laura K. Furgione, NOAA to Dan Smiley, FAA. A copy of this letter has been placed in the docket for this rulemaking.

²  Letter, May 08, 2015, Terry Biggio, FAA to Laura Furgione, NOAA. A copy of this letter has been placed in the docket for this rulemaking.

³  Letter, September 01, 2015, Dan Smiley FAA to Laura Furgione NOAA. A copy of this letter has been placed in the docket for this rulemaking.

⁴   Use of Analyzed Weather Information Safety Risk Management Document, FAA Flight Technologies and Procedures Division October 2024. A copy of this report has been placed in the docket for this rulemaking.

⁵  Analyzed weather is weather information provided from an alternate source than the currently approved ground-based weather reporting systems; alternate sources may include: model-derived, gridded estimations of current conditions, or in situ observations from novel data sources such as UAS or weather cameras, and surface sensors that are currently not approved to produce METARs. Analyzed weather consists of elements that are necessary for safe aviation operations and could be used where approved weather information is not available.

⁶   Use of Analyzed Weather Information Safety Risk Management Document, FAA Flight Technologies and Procedures Division October 2024. A copy of this report has been placed in the docket for this rulemaking.

⁷  90 FR 29615, Jul. 3, 2025.

⁸  See DOT Order 5610.1D § 9.

⁹  Id. § 9(b).

The Proposed Amendment

For the reasons discussed in the preamble, the Federal Aviation Administration proposes to amend chapter I of title 14, Code of Federal Regulations as follows:

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

( printed page 30255) Authority: 49 U.S.C. 106(f), 40113, 44701.

2. Amend § 1.1 by revising the definition of “ ground visibility ” to read as follows:

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

Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 44740, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534; Pub. L. 112-95, 126 Stat. 11; Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); Sec. 828 of Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180).

4. Amend § 91.1039 by revising paragraphs (a)(1) and (2), and (b) to read as follows:

5. The authority citation for part 121 is revised to read as follows:

Authority: 49 U.S.C. 106(f), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note); Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).

6. Amend § 121.101 by revising the section heading and paragraphs (b) and (c) to read as follows:

7. Revise § 121.119 to read as follows:

8. Amend § 121.171 by adding paragraph (d) to read as follows:

10. Amend § 121.651 by revising paragraph (a) introductory text, and paragraphs (b)(1) and (2) to read as follows:

11. The authority citation for part 135 continues to read as follows:

Authority: 49 U.S.C. 106(f), 40113, 41706, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

12. Revise § 135.201 to read as follows:

13. Amend § 135.213 by revising paragraph (a) to read as follows:

14. Revise § 135.225 to read as follows:

15. Amend § 135.361 by adding paragraph (d) to read as follows:

16. Amend § 135.611 by revising paragraphs (a) introductory text and (a)(1) to read as follows:

91 FR 30249