Proposed Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN); Disposition of Comments, 50420-50425 [2012-20464]
Download as PDF
50420
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR Part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
Part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, and effective
September 15, 2011 is amended as
follows:
13 miles southwest of the airport, and that
airspace bounded by a line beginning at the
intersection of the 10-mile radius of the
airport and the Pullman/Moscow Regional
Airport 307° bearing to the intersection of the
of the 23-mile radius of the airport and the
Pullman/Moscow Regional Airport 328°
bearing extending clockwise within a 23-mile
radius of the Pullman/Moscow Regional
Airport; thence to the intersection of the 23mile radius of the airport and the Pullman/
Moscow Regional Airport 064° bearing of the
airport to the intersection of the 10-mile
radius of the airport and the Pullman/
Moscow Regional Airport 066° bearing of the
airport; thence to the point of origin. That
airspace extending upward from 1,200 feet
above the surface bounded by a line
beginning at lat. 46°46′00″ N., long.
117°51′00″ W.; to lat. 47°06′00″ N., long.
117°29′00″ W.; to lat. 47°10′00″ N., long.
117°13′00″ W.; to lat. 47°07′00″ N., long.
116°50′00″ W.; to lat. 46°57′00″ N., long.
116°28′00″ W.; to lat. 46°38′00″ N., long.
116°41′00″ W.; to lat. 46°31′00″ N., long.
116°23′00″ W., to lat. 46°12′00″ N., long.
116°25′00″ W.; to lat. 46°19′00″ N., long.
116°57′00″ W.; to lat. 46°24′00″ N., long.
117°30′00″ W.; thence to the point of origin.
Issued in Seattle, Washington, on August
14, 2012.
John Warner,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2012–20543 Filed 8–20–12; 8:45 am]
BILLING CODE 4910–13–P
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
DEPARTMENT OF TRANSPORTATION
*
Federal Aviation Administration
*
*
*
*
14 CFR Parts 91, 97, 121, 125, 129, and
135
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
ANM WA E2 Pullman, WA [Modified]
Pullman/Moscow Regional Airport, WA
(Lat. 46°44′38″ N., long. 117°06′35″ W.)
Within a 4-mile radius of Pullman/Moscow
Regional Airport, and within 1.7 miles each
side of the Pullman/Moscow Regional
Airport 046° bearing extending from the 4mile radius to 8 miles northeast of the
airport, and within 1.7 miles each side of the
Pullman/Moscow Regional Airport 227°
bearing extending from the 4-mile radius to
6 miles southwest of the airport. This Class
E airspace area is effective during the specific
dates and times established in advance by a
Notice to Airmen. The effective date and time
will thereafter be continuously published in
the Airport/Facility Directory.
SUMMARY:
*
*
*
*
*
ANM WA E5 Pullman, WA [Modified]
Pullman/Moscow Regional Airport, WA
(Lat. 46°44′38″ N., long. 117°06′35″ W.)
That airspace extending upward from 700
feet above the surface within a 10-mile radius
of the Pullman/Moscow Regional Airport,
and within 1.7 miles each side of the
Pullman/Moscow Regional Airport 229°
bearing extending from the 10-mile radius to
VerDate Mar<15>2010
15:17 Aug 20, 2012
Jkt 226001
[Docket No. FAA–2011–1082]
Proposed Provision of Navigation
Services for the Next Generation Air
Transportation System (NextGen)
Transition to Performance-Based
Navigation (PBN); Disposition of
Comments
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed policy;
disposition of comments.
AGENCY:
On December 15, 2011, the
FAA published a Federal Register
Notice (76 FR 77939) requesting
comments on the FAA’s plans for
providing PBN services, and
particularly the transition from the
current Very High Frequency
Omnidirectional Ranges (VOR) and
other legacy navigation aids (NAVAIDS)
to Area Navigation (RNAV)-based
airspace and procedures. This action
responds to the public comments the
FAA received.
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
You may review the public
docket for this notice (Docket No. FAA–
2011–1082) at the Docket Management
Facility at DOT Headquarters in Room
W12–140 of the West Building Ground
Floor at 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. You
may also review the public docket on
the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Greg Joyner, AJM–324, Program
Management Organization, Navigation
Program Engineering, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington DC 20591:
telephone 202–493–5721.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Summary of the December 15, 2011
FRN
The FAA sought comments on the
proposed transition of the U.S. National
Airspace System (NAS) navigation
infrastructure to enable PBN as part of
the NextGen. The FAA plans to
transition from defining airways, routes
and procedures using VOR and other
legacy NAVAIDs, to a NAS based on
RNAV everywhere and Required
Navigation Performance (RNP) where
beneficial. RNAV and RNP capabilities
will primarily be enabled by the Global
Positioning System (GPS) and the Wide
Area Augmentation System (WAAS).
The FAA plans to retain an optimized
network of Distance Measuring
Equipment (DME) facilities and a
Minimum Operational Network (MON)
of VOR facilities to ensure safety and
support continued operations in high
and low altitude en route airspace over
the Conterminous United States
(CONUS) and in terminal airspace at the
Core 30 airports. The FAA is also
conducting research on non-GPS based
Alternate Positioning, Navigation and
Timing (APNT) solutions that would
enable further reduction of VORs below
that of the MON.
In addition, the FAA plans to satisfy
any new requirements for Category I
(CAT I) instrument landing operations
with WAAS Localizer Performance with
Vertical guidance (LPV) procedures. A
network of existing Instrument Landing
Systems (ILSs) will be sustained to
provide alternative approach and
landing capabilities to support
continued recovery and dispatch of
aircraft during GPS outages.
This transition is consistent with the
FAA’s NextGen Implementation Plan
(NGIP), NAS Enterprise Architecture
(NASEA), and other documentation.
More information is available on the
E:\FR\FM\21AUP1.SGM
21AUP1
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules
FAA’s NextGen Web site at https://
www.faa.gov/nextgen and the NASEA
Web site at https://nasea.faa.gov.
Discussion of Comments Received
Summary
The FAA received 330 comments on
the FRN. Commenters include aircraft
manufacturers, airline operators,
individuals, and associations
representing users, airports and several
federal, state and local government
organizations. Most comments were
supportive of the evolution of the NAS
to an RNAV based system, but a
significant number of commenters were
concerned about reliance on GPS and
WAAS related to possible impacts of
interference or disruption, as well as the
requirements and costs of avionics. A
number of commenters were concerned
about loss of approach services at
specific airports in the event of
discontinuation of service from specific
VOR facilities. A substantial number of
the comments (185) received were from
individuals concerned about noise and
environmental impact in the New York
metropolitan area. Some reflected
concerns about aircraft emissions and
flight paths used by helicopters. These
comments have been forwarded to the
FAA Eastern Region for action.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Discussion
The FAA has reviewed all the
comments received in response to the
FRN and plans to proceed with the
strategy as outlined in the FRN. The
FAA is developing an initial VOR MON
Plan, which will be publicly available
when it is sufficiently matured.
Development of this Plan will
harmonize with development of a
national Concept of Operations
(CONOPS) supporting navigation and
positioning in the NAS as it evolves
from conventional navigation to PBN.
When completed, this CONOPS will
also be publicly available.
As part of the coordination process,
the FAA plans to develop a schedule
showing the requisite activities
associated with the discontinuance of
VOR services. These activities will
include timely notification for
individual facilities and airspace and
procedure redesign.
Comment #1: Several commenters
(International Air Traffic Association
(IATA), Boeing Commercial Airplanes,
National Association of State Aviation
Officials (NASAO), Aircraft Owners and
Pilots Association (AOPA), Department
of Defense (DoD), and Airlines For
America (A4A)) expressed interest in
being included in the working group
that the FRN indicated would be formed
VerDate Mar<15>2010
15:17 Aug 20, 2012
Jkt 226001
to complete the details of VOR
discontinuance. Some airlines
commented that they would like to be
consulted on the policy.
FAA Response: The FAA will
convene a working group that will
engage aviation industry stakeholders
and other members of the public for
input once the Program has reached a
sufficient level of maturity conducive to
working group.
Comment #2: NASAO commented
that planning the transition to NextGen
PBN well in advance would be
beneficial to the FAA and the state
government aviation agencies.
FAA Response: The FAA’s VOR MON
plan is proceeding to support transition
to NextGen PBN in accordance with the
NASEA. The NGIP, FRN and NASEA,
all publicly available via FAA Web
sites, are integral to the transition of the
NAS to PBN operations.
Comment #3: The Nebraska
Department of Aviation (DoA)
recommended that VORs remain
available as a viable means for air
navigation while the services to support
NextGen PBN be provided for users that
can obtain benefits from them during a
transition.
FAA Response: The VOR MON will
remain in place during the PBN
transition.
Comment #4: Nebraska state-owned
VORs, similar to the FAA inventory of
Second Generation VORs, are
maintained by the State, who reports
there have been no problems with
support cost or availability of parts.
FAA Response: VOR facilities not
owned or operated by the FAA are not
being considered for discontinuance.
Comment #5: Operators that fly
outside the United States desired
clarification on the GNSS reference to
be used.
FAA Response: The FRN used the
terms GPS and WAAS, the specific U.S.
implementations of the GNSS and Space
Based Augmentation System (SBAS)
described in ICAO Annex 10. Other
countries have, or are building systems
that implement these standards, such as
Europe’s GNSS (Galileo) and SBAS
(European Geostationary Navigation
Overlay Service (EGNOS)). Since the
U.S. does not make regulatory
determinations on navigation systems
allowed in other countries, the U.S.
cannot authorize use of GPS in other
countries. The FAA is responsible for
determining which services are
adequate for operations in the U.S. NAS,
and has, to date, only approved the use
of the U.S. GPS and WAAS, and
Russia’s Globalnaya Navigatsionnaya
Sputnikovaya Sistema (GLONASS) on a
supplemental basis. The U.S. is working
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
50421
with other GNSS providers to assure
that their signals may be used to
improve performance in the U.S. when
those signals become available. Plans for
navigation services will continue to use
specific references (e.g., GPS and
WAAS) and policies will be updated as
additional constellations are approved
for use in the U.S. The ability of
avionics to use different GNSS
constellations and services depends
both on the authorized equipment
available for specific aircraft and the
type of systems the operators decided
with which to equip their aircrafts. It
also depends on what avionics
manufacturers decide to develop. FAA’s
plans for navigation services will
continue to use the ‘‘GPS’’ and ‘‘WAAS’’
terms so that it is clear that the U.S. is
referring to U.S. systems/services for the
U.S. NAS. Text describing this
reasoning will be included in future
documents to help ensure clarity.
Comment #6: Some users stated that
they either will not equip with GPS
avionics or will not be flying in airspace
that requires ADS–B. The Nebraska DoA
stated that many pilots and users do not
plan to equip aircraft with GPS and that
instructors will still require students to
learn VOR navigation.
FAA Response: Pilots may continue to
use VORs that remain in the MON or fly
under Visual Flight Rules (VFR) in nonADS–B airspace. Instructors will still
teach VOR navigation.
Comment #7: Operators and some
aircraft and equipment manufacturers
stated that they did not intend to equip
with WAAS because (1) WAAS service
is not provided in many parts of the
world outside the United States, and (2)
many air carrier aircraft are equipped
with avionics that allow at least RNAV,
if not some level of RNP, and they do
not believe WAAS provides benefits
commensurate with the added
complexity and cost involved with
equipage.
FAA Response: WAAS avionics
(Technical Standard Order (TSO)-C145/
146) with suitable other avionics, such
as Flight Management Systems (FMS)
support LPV and Lateral Navigation/
Vertical Navigation (LNAV/VNAV)
terminal procedures and lower minima
instrument approaches that are not
available to users equipped with nonaugmented GPS (TSO–C129 and C196)
avionics. Pilots may continue to use
non-augmented GPS or other RNAV
capabilities as described in FAA
advisory circulars AC 90–100, AC 90–
101, AC 90–105, AC 90–107 and other
directives.
Comment #8: Federal Express stated
that the FRN described implementation
of PBN based on GPS and WAAS
E:\FR\FM\21AUP1.SGM
21AUP1
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
50422
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules
backed up by a minimum network of
VORs and DMEs, which it stated would
require equipage of aircraft with
avionics that is not offered by major
airline airframe manufacturers.
FAA Response: While the FAA
intends to reduce the VOR
infrastructure to a MON, it will
maintain an optimized DME network to
support RNAV operations throughout
the NAS. In the NextGen timeframe, an
optimized DME network could be used
to support APNT.
Comment #9: The DoD was concerned
about discontinuation of service from all
types of ground based navigation aids.
The concept and planning described in
the FRN does not contemplate
discontinuation of service from all
ground based navigation aids. It
describes the considerations for
determining the discontinuation of
service by VOR ground based navigation
aids. Where the VOR functionality is
collocated with DME or DME and UHF
azimuth equipment (which is the
Tactical Air Navigation or TACAN), the
FRN only addresses the VOR service
and not these other services.
FAA Response: The MON described
in the FRN is a network of VORs only,
and does not include TACAN. Retention
of DMEs and the DME function
provided via TACAN is desirable
because of the large proportion of the air
carrier fleet that uses DME/DME or
DME/DME/Inertial Reference Unit (IRU)
for RNAV. Any national discontinuation
of DME or TACAN service is separate
from the VOR MON, not a part of this
activity, and not contemplated in the
near future.
Comment #10: Some organizations
(IATA, United Air Lines, FedEx,
Honeywell, Thales, and A4A) expressed
concern about the future of ILSs and
other vertically guided approaches, in
particular at 14 CFR Part 139 airports
serving air carriers.
FAA Response: The FAA has no
current plans to remove ILSs, but most
new vertically guided approach
requirements using Facilities and
Equipment funding will be fulfilled
with LPV approaches. ILS can continue
to be approved under Airport
Improvement Program (AIP) funding.
While LPVs will receive increasing
emphasis for projects funded under the
AIP, the needs of users for ILS
equipment will be considered in the
determination of the types of approach
navigation installed under the AIP. It is
envisioned that many air carrier
runways at major airports will continue
to be supported by ILS (in addition to
LPV). Additionally, the FAA plans to
continue to develop LNAV/VNAV
approaches, which can be flown by
VerDate Mar<15>2010
15:17 Aug 20, 2012
Jkt 226001
GPS-equipped aircraft with barometric
vertical navigation and by WAASequipped aircraft to qualified runways
used by air carrier aircraft. RNP
approaches will be developed where
beneficial, and GLS approaches will be
developed as appropriate at airports
with access to GBAS equipment.
APNT
The FAA’s NextGen Alternate PNT
(APNT) program ensures that alternate
PNT services will be available to
support flight operations, maintain
safety, minimize economic impacts from
GPS outages within the NAS and
support air transportation’s timing
needs. APNT will be an alternative for
all users. Avionics equipage is a major
consideration. APNT requirements will
be met with the optimum use of existing
avionics. The current plan is for APNT
equipage to be optional.
Comment #11: The airline industry
voiced support for an increase in DME
to provide additional coverage for DME–
DME navigation provided by modern
Flight Management Systems (FMS).
FAA Response: The FAA concurs.
Current planning is for implementation
of the new DME sites beginning in 2014.
The FAA goal is to have complete DME–
DME coverage enroute at FL 180 and
above throughout CONUS and in the
terminal area of large airports in the
CONUS.
Comment #12: The airline industry
was concerned about a statement in the
FRN that seemed to indicate that WAAS
was required for ADS–B.
FAA Response: WAAS is not required
for ADS–B. Other methods of meeting
the performance requirements are being
investigated. ADS–B implementation in
international operations will require use
of regionally or globally available
services.
Comment #13: IATA stated
implementation of any new technology
should be driven by coordinated
operational requirements of
stakeholders. The International Civil
Aviation Organization PBN Manual
(Document 9613) was cited by IATA in
describing the steps that must be
followed in implementing PBN, and
states the FAA may not have followed
the described process. IATA then
related the plan described in the FRN to
the ADS–B Out regulations at 14 CFR
91.225 and 91.227 and the implied
SBAS mandate and provides comments
on the implementation and the
requirements that it states are very
different from European requirements to
obtain the same performance with
simpler equipage. IATA states they do
not support use of any SBAS systems
such as WAAS and desires to be
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
consulted on revision of the VOR MON
and alternate positioning, navigation
and timing and systems, such as
eLORAN, Galileo and others. IATA does
not support the use of LPV approaches
as a universal solution and requires an
adequate number of precision
approaches be maintained to provide
capacity without GNSS. IATA states
GBAS and Baro VNAV approaches
should be published to complement
LPV approaches at airports used by
international carriers. IATA does not
want PBN levels to be specified that
require augmentation unless they are
operationally required.
FAA Response: FAA will engage
stakeholders via the working group in
implementing the MON. PBN transition
strategy is currently being developed
within the FAA. The FAA will not
mandate WAAS. PBN can be achieved
by multiple means, such as DME/DME
and ILS. GBAS is currently in the
Research & Development phase.
Comment #14: Boeing Commercial
Airplanes was concerned about the
interpretation text for the operational
requirements for two independent
systems (reference 14 CFR 121.349,
125.203, 129.17 and 135.165).
Specifically, they questioned the
statement that the requirements for a
second navigation system apply to the
entire set of equipment needed to
achieve the navigation capability, not
just the individual components. They
are concerned that this statement could
be interpreted as requiring dual
independent navigation computers.
Additionally, they state that existing,
certified multi-sensor navigation
systems under AC 20–130A can meet
the proposed policy requirements.
FAA Response: The text does not
imply the need for dual independent
navigation computers. The text instead
emphasizes the need for independence
of the navigation systems and their
components to ensure that there will be
no potential single point of failure or
event that could cause the loss of the
ability to navigate along the intended
route or proceed safely to a suitable
diversion airport. The interpretation of
this requirement as applied to an
aircraft approved for multi-sensor
navigation and equipped with a single
FMS is that the aircraft must maintain
an ability to navigate or proceed safely
in the event that any one component of
the navigation system fails, including
the FMS. Retaining an FMSindependent VOR capability would
satisfy the requirement, even as the NAS
is transitioned to the MON. This
interpretation corresponds to the
advisory wording in AC 20–130A.
E:\FR\FM\21AUP1.SGM
21AUP1
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules
Comment #15: The Maryland
Aviation Administration (MAA)
expressed concern about current GPS
equipage rates.
FAA Response: Though
approximately 19 percent of all general
aviation aircraft are equipped with
aviation-qualified GPS, most aircraft
that actually file IFR flight plans are
typically equipped with GPS.
Specifically, more than 72% of aircraft
that filed at least two IFR flight plans in
2011 filed with an equipment code
indicating they had IFR GPS receivers
on board. Of aircraft that filed more than
100 IFR flight plans in a year the rate
was above 97%. While it may be the
case that a significant number of aircraft
flying VFR are not equipped with GPS,
the purpose of the VOR system is to
provide navigation for aircraft flying
IFR, not VFR. VFR traffic is permitted to
use hand-held and non-IFR certified
GPS equipment for situational
awareness as an aid to navigation and
often use pilotage and dead reckoning
navigation. While the VORs retained in
the MON will support VFR aircraft
operations, their purpose is clearly to
support those aircraft operating under
IFR.
Comment #16: Two commenters (the
Nebraska DoA and Thales) were
concerned over the impact that a
reduction in VORs would have on
training and training requirements.
FAA Response: The current training
standards for the FAA emphasize VORs
as the primary navigation source. The
transition to NextGen will require that
the FAA shift emphasis from VOR
navigation to satellite-based navigation
by changing training syllabi and the
PTS. However, some emphasis will
need to remain on VOR and ILS to
ensure that pilots can navigate using
these systems in the event of a GPS
outage. These considerations will be
included in the FAA’s plan for
discontinuance of VORs. Additionally,
transfer of FAA-owned VORs not
selected to be in the MON to operation
under non-Federal ownership for
training may be considered on a caseby-case basis.
Comment #17: The Nebraska DoA and
Thales were also concerned with airport
infrastructure requirements resulting
from development of RNAV or RNP
approaches.
FAA Response: FAA airport
infrastructure requirements resulting
from instrument approaches are
published in FAA Advisory Circular
150/5300–13. Because airport
infrastructure upgrades may be required
for the attainment of lowest instrument
approach minima, collaboration with
local and state officials will be
VerDate Mar<15>2010
15:17 Aug 20, 2012
Jkt 226001
accomplished during the approach
development process. For example,
development of an LPV approach could
not be accomplished if the required
runway length were not available.
However, if a decision was made in
collaboration with local and state
officials, to extend the runway, then an
LPV could be reconsidered.
Comment #18: United Air Lines and
GE Aviation expressed concern on the
use of GPS approach capability by air
carriers at alternate airports.
FAA Response: Current FAA policy
allows operators of aircraft equipped
with WAAS to plan for RNAV (GPS)
approaches to the LNAV line of minima
at their alternate. Furthermore, the FAA
is currently investigating what
requirements will be necessary to allow
un-augmented GPS (TSO–C129/–C129a,
TSO–C196/–C196a) equipped aircraft to
plan for RNAV (GPS) or RNAV (RNP)
approaches at alternate airports.
Comment #19: Several commenters
expressed concern that the navigation
transition strategy as outlined in the
FRN is indirectly requiring certain types
of equipage, specifically GPS or WAAS
equipage.
FAA Response: The FAA is
committed to the use of performancebased operations in the NAS. They
remain the optimal way to both enable
technological advances while
maintaining safety, efficiency and
consistency. Therefore, it is not the
intention of the FAA to limit
operational approvals to specific
technologies or to force retrofit
navigation solutions on current
operators with legacy equipment. VOR
navigation will continue to be a viable
option for airspace users for the near
future. Once the FAA completes
implementation of the VOR MON, VOR
navigation will still serve the NAS,
albeit in a less robust fashion than
today. Early publication of transition
considerations and planning will allow
users to consider long-term equipage
strategies for their aircraft. Operators are
encouraged to continue to seek
approvals for the use of navigation
equipment that was emphasized in the
FRN, e.g. DME/DME/IRU, GPS, and
WAAS. The FAA will continue to work
with industry to advance new
technologies not yet matured, e.g.,
GBAS and APNT. Additionally, the
FAA will continue to work with our
international partners on global
strategies for multi-constellation/multifrequency GNSS solutions.
Comment #20: AOPA and the
National Business Aviation Association
(NBAA) both expressed support for
direct routing and avoiding excessive
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
50423
implementation of additional T and Q
routes.
FAA Response: In the NextGen
environment, T and Q routes increase
capacity and efficiency while
maintaining safety by minimizing
impact to air traffic control. T and Q
routes allow controllers to safely
manage air traffic during peak periods
and to ensure predictable transitions
between busy traffic areas. T and Q
routes overlaid on existing airways
defined by VORs could mitigate
potential impacts to the discontinuance
of VOR navigation services.
Comment #21: Comments from
military and general aviation expressed
interest in participating in VOR
discontinuation planning.
FAA Response: As stated in the FRN,
‘‘The FAA will convene a working
group that will develop a candidate list
of VORs for discontinuance using
relevant operational, safety, cost and
economic criteria. As part of the
process, this working group will engage
aviation industry stakeholders and other
members of the public for input.’’
Detailed planning for the
implementation of the MON is still
under development. As the program
planning process is further developed,
the FAA will solicit input from
government and industry stakeholders
before the VORs selected for the MON
are finalized.
Comment #22: Several commenters
(MAA, Boeing Commercial Airplanes,
United Air Lines, AOPA, Thales and
DoD) indicated that an overall plan is
necessary and requested more detail on
the MON. MAA commented that
without a national plan for
discontinuation, the removal of specific
VORs from service might be premature.
They believed that several VORs in
Maryland are currently planned for
discontinuance and they suggested that
the discontinuation of specific facilities
should be considered on both a regional
and national level using analysis to
identify costs and benefits in a more
holistic manner to make the
consideration of facilities objective and
consistent.
FAA Response: The FAA has not
developed a final list of VORs that will
be included in the MON. The FAA is
developing objective criteria, which will
be applied consistently both nationally
and regionally to help identify those
VOR facilities that will remain
operational. A specific overall national
CONOPS and discontinuance plan are
being developed to support this effort.
The draft CONOPS and draft
discontinuance plan will be presented
to stakeholders, and the FAA will
E:\FR\FM\21AUP1.SGM
21AUP1
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
50424
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules
engage stakeholders in the
discontinuance process.
Comment #23: Military and airline
industry commenters expressed concern
with the FAA plan to establish the VOR
MON by January 1, 2020.
FAA Response: This date coincides
with the January 1, 2020 mandate for
ADS–B equipage. Once aircraft are
equipped with ADS–B, it is assumed
that they will be equipped with GPS as
well, since currently GPS is the only
known position source that can satisfy
the NIC/NAC/SIL requirements of ADS–
B. At that time, the VOR MON will
serve as the required GPS backup for
non DME–DME equipped aircraft in the
event of a GPS outage. By January 1,
2020, the VOR MON will provide
sufficient VOR coverage to enable
aircraft to fly VOR-to-VOR either
through the GPS outage or to a safe
landing.
Comment #24: A number of operators,
service providers and equipment
manufacturers were concerned about
the level of reliance on GPS expressed
in the FRN in light of possible
interference with the GPS service.
Interference on a regular basis from
government testing and training was
specifically identified, as was possible
widespread interference from licensed
operators as well as unintentional
interference from a variety of human
and natural sources. There remains a
concern among users that GPS is
susceptible to interference and VORs
should remain as a cost effective reliable
means of navigation.
FAA Response: U.S. National policy
recognizes the vulnerability of GPS
signals, from both human and natural
sources, and requires operations reliant
on GPS position, navigation, and timing
(PNT) for safety, security, or significant
economic benefit to have sufficient
backups in place. The FAA has operated
and will continue to operate GPSindependent systems to fulfill this
requirement, such as ILS, DME, and
VOR. As the NAS transitions to
NextGen, there is also a requirement to
move from conventional facility based
navigation to point-to-point navigation
using PBN, a role that the airways
supported by VORs cannot support. The
FAA will continue to operate a subset
of the current VOR facilities in a MON
to support those aircraft not equipped
with GPS-independent RNAV
capability, while developing an RNAVcapable APNT system to fulfill this role
in the future. DoD Interference with
GPS: The FAA recognizes the need for
DoD elements as part of their mission to
operate and conduct training in a GPSdenied environment. Both the FAA and
DoD are committed to working together
VerDate Mar<15>2010
15:17 Aug 20, 2012
Jkt 226001
to ensure that the DoD mission will not
impact the FAA’s mission to operate a
safe and efficient NAS. DoD GPS
interference testing is fully coordinated
with the FAA and prior to testing, the
FAA issues a Notice to Airmen
(NOTAM) that describes the potential
extent of interference and the timeframe
in which it might occur. During testing
the FAA maintains direct
communications with DoD at all times
and can have tests suspended in the
event of any impact to NAS operations.
Today, aircraft with non-GPS RNAV
avionics are not impacted by this
interference, and in the future, all
APNT-equipped aircraft will similarly
be unaffected.
Comment #25: Comments were
received relative to several specific
VORs with reasons for their specific
retention. In the case of the Wichita, KS
VOR (ICT), it was stated that the facility
is needed for testing and airworthiness
demonstration of new manufactured
aircraft by a number of companies in the
area.
FAA Response: While a VOR signal is
necessary for this activity, it is not
necessary that the service be provided
by a FAA owned VOR, whose purpose
under the MON will be to ensure safe
operations in the event of a GPS outage.
A non-Federal VOR, owned by an
airport authority, state instrumentality
or private entity could also perform this
function. In cases where individuals/
organizations have an interest in
maintaining a specific VOR service, the
VOR could be transferred to and
operated under agreement with the FAA
as a non-federal facility.
Comment #26: Thales expressed a
concern over how the VOR MON will
support non-GPS aircraft and GPS
aircraft during GPS interference if a key
MON VOR is down for maintenance.
FAA Response: In determining the
VORs that will make up the MON,
consideration will be given to the
availability and continuity of navigation
service expected from each facility. The
VOR MON’s purpose, a non-PBN
backup in the event of a GPS outage,
will be considered in making this
determination. An element of this
consideration will be the availability of
non-GPS dependent surveillance
services that would allow air traffic to
provide services in the event of both a
GPS and individual VOR service outage.
Additionally, the equipage rate of IFR
traffic with IFR GPS is significant and
expected to be near 100% as we
approach the year 2020 ADS–B
mandate. While possible to fly IFR using
the VOR MON, the increased distance of
the VOR-only route as compared to
using RNAV navigation will likely be
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
highly undesirable. This will further
drive GPS equipage.
Comment #27: The DoD stated
concern on the cost of transition versus
benefits for their fleet of aircraft.
FAA Response: The NAS’ transition to
NextGen is a national priority, in which
the FAA plays an important role in
concert with other Federal agencies and
the aviation community. The transition
to PBN as enabling capability for
NextGen is a key part of the NGIP.
Additionally, the considerations of the
military in transitioning a 14,600
aircraft fleet and operating practices to
RNAV/RNP stated in comments to the
public docket appear to include the
notion that TACAN services from
VORTAC facilities will be terminated
when VOR service is discontinued. This
is not the case. The military also desires
the FAA to retain VOR and TACAN
service for specific enroute and terminal
locations and procedures as the military
aircraft fleet equipage and operating
procedures evolve.
The FAA notes that there is historic
precedent for the transition to a single
national system—specifically the
establishment of VORs and associated
airways, DME, and ILS in the 1950s. At
that time the military did not want to
equip with VOR or ILS in tactical
aircraft due to weight and space
constraints, stating that Non-Directional
Beacons (NDB) and four course ranges
for enroute navigation and ground
controlled approach (GCA) for landing
was sufficient pending implementation
of TACAN. The military also wanted to
evolve to use TACAN because of
weight/size and operational advantages
over VOR and to include their
implementation of DME, rather than the
civil DME standard. The civil
community, particularly airlines,
wanted VOR for improved accuracy and
usability over four course ranges and
NDBs with ILS for approaches. In the
end the NDBs and four course ranges
were retained until military aircraft and
operating practices transitioned to
TACAN, the military DME standard was
adopted for all DMEs and ILS was
standardized for approaches, though the
military continued GCA approaches,
particularly for tactical aircraft.
The transition to RNAV/RNP may be
undertaken economically for military
aviation by retaining TACAN as a
system, discontinuing only specific
facilities on an individual basis;
incorporating military use
considerations for identifying VOR
service for discontinuation in enroute
and terminal environments; designating
special use airspace and other military
usage features with RNAV references as
well as TACAN or VOR rho/theta and
E:\FR\FM\21AUP1.SGM
21AUP1
Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Proposed Rules
distance references; and retaining ILS at
current sites with installation of new
ILSs by military where needed in lieu of
LP and LPV.
*
*
*
*
*
Issued in Washington, DC, on August 14,
2012.
Lansine Toure,
Acting Manager, Navigation Programs.
[FR Doc. 2012–20464 Filed 8–20–12; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 39
RIN 3038–AD47
Clearing Exemption for Swaps
Between Certain Affiliated Entities
Commodity Futures Trading
Commission.
ACTION: Proposed rule.
AGENCY:
The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is proposing a rule to
exempt swaps between certain affiliated
entities within a corporate group from
the clearing requirement (the ‘‘interaffiliate clearing exemption’’ or the
‘‘proposed exemption’’) under Section
2(h)(1)(A) of the Commodity Exchange
Act (‘‘CEA’’). The Commission also is
proposing rules that detail specific
conditions counterparties must satisfy
to elect the proposed inter-affiliate
clearing exemption, as well as reporting
requirements for affiliated entities that
avail themselves of the proposed
exemption. The Commission has
finalized a rule that addresses swaps
that are subject to the end-user
exception. Counterparties to interaffiliate swaps that qualify for the enduser exception would be able to elect to
not clear swaps pursuant to the end-user
exception or the proposed rule. The
proposed rule does not address swaps
that an affiliate enters into with a third
party that are related to inter-affiliate
swaps that are subject to the end-user
exception. The Commission intends
separately to propose a rule addressing
swaps between an affiliate and a third
party where the swaps are used to hedge
or mitigate commercial risk arising from
inter-affiliate swaps for which the enduser exception has been elected.
DATES: Comments must be received on
or before September 20, 2012.
ADDRESSES: You may submit comments,
identified by RIN number 3038–AD47,
by any of the following methods:
• The agency’s Web site, at: https://
comments.cftc.gov. Follow the
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
15:17 Aug 20, 2012
Jkt 226001
instructions for submitting comments
through the Web site.
• Mail: David A. Stawick, Secretary of
the Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
• Hand Delivery/Courier: Same as
mail above.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Please submit your comments using
only one method.
All comments must be submitted in
English, or if not, accompanied by an
English translation. ‘‘Inter-affiliate
Clearing Exemption’’ must be in the
subject field of responses submitted via
email, and clearly indicated on written
submissions. Comments will be posted
as received to https://www.cftc.gov. You
should submit only information that
you wish to make available publicly. If
you wish the Commission to consider
information that is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the established procedures in CFTC
regulation 145.9.1
Throughout this proposed
rulemaking, the Commission requests
comment in response to specific
questions. For convenience, the
Commission has numbered each of
these comment requests. The
Commission asks that, in submitting
responses to these requests, commenters
identify the specific number of each
request to which their comments are
responsive.
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse, or
remove any or all of a submission from
www.cftc.gov that it may deem to be
inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
rulemaking will be retained in the
public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Gloria Clement, Assistant General
Counsel, (202) 418–5122,
gclement@cftc.gov, Office of General
Counsel; Jonathan Lave, Associate
Director, Exchange & Data Repository,
(202) 418–5983, jlave@cftc.gov, and
1 17 CFR 145.9. Commission regulations may be
accessed through the Commission’s Web site,
https://www.cftc.gov.
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
50425
Alexis Hall-Bugg, Attorney-Advisor,
(202) 418–6711, ahallbugg@cftc.gov,
Division of Market Oversight; Warren
Gorlick, Supervisory Attorney-Advisor,
(202) 418–5195, wgorlick@cftc.gov, and
Anuradha Banerjee, Attorney-Advisor,
(202) 418–5661, abanerjee@cftc.gov,
Office of International Affairs; Theodore
Kneller, Attorney-Advisor, (202) 418–
5727, tkneller@cftc.gov, Division of
Enforcement; Elizabeth Miller,
Attorney-Advisor, (202) 418–5985,
emiller@cftc.gov, Division of Swap
Dealer and Intermediary Oversight; Esen
Onur, Research Economist, (202) 418–
6146, eonur@cftc.gov, Office of the Chief
Economist; and Jolanta Sterbenz,
Counsel, (202) 418–6639,
jsterbenz@cftc.gov, Office of General
Counsel, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
I. Background
A. Clearing Requirement for Swaps
On July 21, 2010, President Obama
signed the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Dodd-Frank Act’’ or ‘‘DFA’’).2 Title
VII of the Dodd-Frank Act amended the
CEA,3 and established a new regulatory
framework for swaps. The legislation
was enacted to reduce systemic risk,
increase transparency, and promote
market integrity within the financial
system by, among other things: (1)
Imposing clearing and trade execution
requirements on standardized derivative
products; (2) creating rigorous
recordkeeping and data reporting
regimes with respect to swaps,
including real-time public reporting;
and (3) enhancing the Commission’s
rulemaking and enforcement authorities
over all registered entities,
intermediaries, and swap counterparties
subject to the Commission’s oversight.
Section 723 of the Dodd-Frank Act
added section 2(h) to the CEA, which
establishes a clearing requirement for
swaps.4 The new section makes it
unlawful for any person to engage in a
swap, if the Commission determines
such swap is required to be cleared,
unless the person submits the swap for
clearing to a registered derivatives
clearing organization (‘‘DCO’’) (or a DCO
that is exempt from registration).5 The
2 See Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111–203, 124
Stat. 1376 (July 21, 2010).
3 7 U.S.C. 1 et seq. (2006).
4 CEA section 2(h)(1)(A), 7 U.S.C. 2(h)(1)(A).
5 See CEA section 2(h)(1)(A), 7 U.S.C. 2(h)(1)(A).
The CEA’s clearing requirement states that, ‘‘[i]t
shall be unlawful for any person to engage in a
swap unless that person submits such swap for
E:\FR\FM\21AUP1.SGM
Continued
21AUP1
Agencies
[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Proposed Rules]
[Pages 50420-50425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20464]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 97, 121, 125, 129, and 135
[Docket No. FAA-2011-1082]
Proposed Provision of Navigation Services for the Next Generation
Air Transportation System (NextGen) Transition to Performance-Based
Navigation (PBN); Disposition of Comments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed policy; disposition of comments.
-----------------------------------------------------------------------
SUMMARY: On December 15, 2011, the FAA published a Federal Register
Notice (76 FR 77939) requesting comments on the FAA's plans for
providing PBN services, and particularly the transition from the
current Very High Frequency Omnidirectional Ranges (VOR) and other
legacy navigation aids (NAVAIDS) to Area Navigation (RNAV)-based
airspace and procedures. This action responds to the public comments
the FAA received.
ADDRESSES: You may review the public docket for this notice (Docket No.
FAA-2011-1082) at the Docket Management Facility at DOT Headquarters in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also review the public
docket on the Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Greg Joyner, AJM-324, Program
Management Organization, Navigation Program Engineering, Federal
Aviation Administration, 800 Independence Avenue SW., Washington DC
20591: telephone 202-493-5721.
SUPPLEMENTARY INFORMATION:
Summary of the December 15, 2011 FRN
The FAA sought comments on the proposed transition of the U.S.
National Airspace System (NAS) navigation infrastructure to enable PBN
as part of the NextGen. The FAA plans to transition from defining
airways, routes and procedures using VOR and other legacy NAVAIDs, to a
NAS based on RNAV everywhere and Required Navigation Performance (RNP)
where beneficial. RNAV and RNP capabilities will primarily be enabled
by the Global Positioning System (GPS) and the Wide Area Augmentation
System (WAAS). The FAA plans to retain an optimized network of Distance
Measuring Equipment (DME) facilities and a Minimum Operational Network
(MON) of VOR facilities to ensure safety and support continued
operations in high and low altitude en route airspace over the
Conterminous United States (CONUS) and in terminal airspace at the Core
30 airports. The FAA is also conducting research on non-GPS based
Alternate Positioning, Navigation and Timing (APNT) solutions that
would enable further reduction of VORs below that of the MON.
In addition, the FAA plans to satisfy any new requirements for
Category I (CAT I) instrument landing operations with WAAS Localizer
Performance with Vertical guidance (LPV) procedures. A network of
existing Instrument Landing Systems (ILSs) will be sustained to provide
alternative approach and landing capabilities to support continued
recovery and dispatch of aircraft during GPS outages.
This transition is consistent with the FAA's NextGen Implementation
Plan (NGIP), NAS Enterprise Architecture (NASEA), and other
documentation. More information is available on the
[[Page 50421]]
FAA's NextGen Web site at https://www.faa.gov/nextgen and the NASEA Web
site at https://nasea.faa.gov.
Discussion of Comments Received
Summary
The FAA received 330 comments on the FRN. Commenters include
aircraft manufacturers, airline operators, individuals, and
associations representing users, airports and several federal, state
and local government organizations. Most comments were supportive of
the evolution of the NAS to an RNAV based system, but a significant
number of commenters were concerned about reliance on GPS and WAAS
related to possible impacts of interference or disruption, as well as
the requirements and costs of avionics. A number of commenters were
concerned about loss of approach services at specific airports in the
event of discontinuation of service from specific VOR facilities. A
substantial number of the comments (185) received were from individuals
concerned about noise and environmental impact in the New York
metropolitan area. Some reflected concerns about aircraft emissions and
flight paths used by helicopters. These comments have been forwarded to
the FAA Eastern Region for action.
Discussion
The FAA has reviewed all the comments received in response to the
FRN and plans to proceed with the strategy as outlined in the FRN. The
FAA is developing an initial VOR MON Plan, which will be publicly
available when it is sufficiently matured. Development of this Plan
will harmonize with development of a national Concept of Operations
(CONOPS) supporting navigation and positioning in the NAS as it evolves
from conventional navigation to PBN. When completed, this CONOPS will
also be publicly available.
As part of the coordination process, the FAA plans to develop a
schedule showing the requisite activities associated with the
discontinuance of VOR services. These activities will include timely
notification for individual facilities and airspace and procedure
redesign.
Comment #1: Several commenters (International Air Traffic
Association (IATA), Boeing Commercial Airplanes, National Association
of State Aviation Officials (NASAO), Aircraft Owners and Pilots
Association (AOPA), Department of Defense (DoD), and Airlines For
America (A4A)) expressed interest in being included in the working
group that the FRN indicated would be formed to complete the details of
VOR discontinuance. Some airlines commented that they would like to be
consulted on the policy.
FAA Response: The FAA will convene a working group that will engage
aviation industry stakeholders and other members of the public for
input once the Program has reached a sufficient level of maturity
conducive to working group.
Comment #2: NASAO commented that planning the transition to NextGen
PBN well in advance would be beneficial to the FAA and the state
government aviation agencies.
FAA Response: The FAA's VOR MON plan is proceeding to support
transition to NextGen PBN in accordance with the NASEA. The NGIP, FRN
and NASEA, all publicly available via FAA Web sites, are integral to
the transition of the NAS to PBN operations.
Comment #3: The Nebraska Department of Aviation (DoA) recommended
that VORs remain available as a viable means for air navigation while
the services to support NextGen PBN be provided for users that can
obtain benefits from them during a transition.
FAA Response: The VOR MON will remain in place during the PBN
transition.
Comment #4: Nebraska state-owned VORs, similar to the FAA inventory
of Second Generation VORs, are maintained by the State, who reports
there have been no problems with support cost or availability of parts.
FAA Response: VOR facilities not owned or operated by the FAA are
not being considered for discontinuance.
Comment #5: Operators that fly outside the United States desired
clarification on the GNSS reference to be used.
FAA Response: The FRN used the terms GPS and WAAS, the specific
U.S. implementations of the GNSS and Space Based Augmentation System
(SBAS) described in ICAO Annex 10. Other countries have, or are
building systems that implement these standards, such as Europe's GNSS
(Galileo) and SBAS (European Geostationary Navigation Overlay Service
(EGNOS)). Since the U.S. does not make regulatory determinations on
navigation systems allowed in other countries, the U.S. cannot
authorize use of GPS in other countries. The FAA is responsible for
determining which services are adequate for operations in the U.S. NAS,
and has, to date, only approved the use of the U.S. GPS and WAAS, and
Russia's Globalnaya Navigatsionnaya Sputnikovaya Sistema (GLONASS) on a
supplemental basis. The U.S. is working with other GNSS providers to
assure that their signals may be used to improve performance in the
U.S. when those signals become available. Plans for navigation services
will continue to use specific references (e.g., GPS and WAAS) and
policies will be updated as additional constellations are approved for
use in the U.S. The ability of avionics to use different GNSS
constellations and services depends both on the authorized equipment
available for specific aircraft and the type of systems the operators
decided with which to equip their aircrafts. It also depends on what
avionics manufacturers decide to develop. FAA's plans for navigation
services will continue to use the ``GPS'' and ``WAAS'' terms so that it
is clear that the U.S. is referring to U.S. systems/services for the
U.S. NAS. Text describing this reasoning will be included in future
documents to help ensure clarity.
Comment #6: Some users stated that they either will not equip with
GPS avionics or will not be flying in airspace that requires ADS-B. The
Nebraska DoA stated that many pilots and users do not plan to equip
aircraft with GPS and that instructors will still require students to
learn VOR navigation.
FAA Response: Pilots may continue to use VORs that remain in the
MON or fly under Visual Flight Rules (VFR) in non-ADS-B airspace.
Instructors will still teach VOR navigation.
Comment #7: Operators and some aircraft and equipment manufacturers
stated that they did not intend to equip with WAAS because (1) WAAS
service is not provided in many parts of the world outside the United
States, and (2) many air carrier aircraft are equipped with avionics
that allow at least RNAV, if not some level of RNP, and they do not
believe WAAS provides benefits commensurate with the added complexity
and cost involved with equipage.
FAA Response: WAAS avionics (Technical Standard Order (TSO)-C145/
146) with suitable other avionics, such as Flight Management Systems
(FMS) support LPV and Lateral Navigation/Vertical Navigation (LNAV/
VNAV) terminal procedures and lower minima instrument approaches that
are not available to users equipped with non-augmented GPS (TSO-C129
and C196) avionics. Pilots may continue to use non-augmented GPS or
other RNAV capabilities as described in FAA advisory circulars AC 90-
100, AC 90-101, AC 90-105, AC 90-107 and other directives.
Comment #8: Federal Express stated that the FRN described
implementation of PBN based on GPS and WAAS
[[Page 50422]]
backed up by a minimum network of VORs and DMEs, which it stated would
require equipage of aircraft with avionics that is not offered by major
airline airframe manufacturers.
FAA Response: While the FAA intends to reduce the VOR
infrastructure to a MON, it will maintain an optimized DME network to
support RNAV operations throughout the NAS. In the NextGen timeframe,
an optimized DME network could be used to support APNT.
Comment #9: The DoD was concerned about discontinuation of service
from all types of ground based navigation aids. The concept and
planning described in the FRN does not contemplate discontinuation of
service from all ground based navigation aids. It describes the
considerations for determining the discontinuation of service by VOR
ground based navigation aids. Where the VOR functionality is collocated
with DME or DME and UHF azimuth equipment (which is the Tactical Air
Navigation or TACAN), the FRN only addresses the VOR service and not
these other services.
FAA Response: The MON described in the FRN is a network of VORs
only, and does not include TACAN. Retention of DMEs and the DME
function provided via TACAN is desirable because of the large
proportion of the air carrier fleet that uses DME/DME or DME/DME/
Inertial Reference Unit (IRU) for RNAV. Any national discontinuation of
DME or TACAN service is separate from the VOR MON, not a part of this
activity, and not contemplated in the near future.
Comment #10: Some organizations (IATA, United Air Lines, FedEx,
Honeywell, Thales, and A4A) expressed concern about the future of ILSs
and other vertically guided approaches, in particular at 14 CFR Part
139 airports serving air carriers.
FAA Response: The FAA has no current plans to remove ILSs, but most
new vertically guided approach requirements using Facilities and
Equipment funding will be fulfilled with LPV approaches. ILS can
continue to be approved under Airport Improvement Program (AIP)
funding. While LPVs will receive increasing emphasis for projects
funded under the AIP, the needs of users for ILS equipment will be
considered in the determination of the types of approach navigation
installed under the AIP. It is envisioned that many air carrier runways
at major airports will continue to be supported by ILS (in addition to
LPV). Additionally, the FAA plans to continue to develop LNAV/VNAV
approaches, which can be flown by GPS-equipped aircraft with barometric
vertical navigation and by WAAS-equipped aircraft to qualified runways
used by air carrier aircraft. RNP approaches will be developed where
beneficial, and GLS approaches will be developed as appropriate at
airports with access to GBAS equipment.
APNT
The FAA's NextGen Alternate PNT (APNT) program ensures that
alternate PNT services will be available to support flight operations,
maintain safety, minimize economic impacts from GPS outages within the
NAS and support air transportation's timing needs. APNT will be an
alternative for all users. Avionics equipage is a major consideration.
APNT requirements will be met with the optimum use of existing
avionics. The current plan is for APNT equipage to be optional.
Comment #11: The airline industry voiced support for an increase in
DME to provide additional coverage for DME-DME navigation provided by
modern Flight Management Systems (FMS).
FAA Response: The FAA concurs. Current planning is for
implementation of the new DME sites beginning in 2014. The FAA goal is
to have complete DME-DME coverage enroute at FL 180 and above
throughout CONUS and in the terminal area of large airports in the
CONUS.
Comment #12: The airline industry was concerned about a statement
in the FRN that seemed to indicate that WAAS was required for ADS-B.
FAA Response: WAAS is not required for ADS-B. Other methods of
meeting the performance requirements are being investigated. ADS-B
implementation in international operations will require use of
regionally or globally available services.
Comment #13: IATA stated implementation of any new technology
should be driven by coordinated operational requirements of
stakeholders. The International Civil Aviation Organization PBN Manual
(Document 9613) was cited by IATA in describing the steps that must be
followed in implementing PBN, and states the FAA may not have followed
the described process. IATA then related the plan described in the FRN
to the ADS-B Out regulations at 14 CFR 91.225 and 91.227 and the
implied SBAS mandate and provides comments on the implementation and
the requirements that it states are very different from European
requirements to obtain the same performance with simpler equipage. IATA
states they do not support use of any SBAS systems such as WAAS and
desires to be consulted on revision of the VOR MON and alternate
positioning, navigation and timing and systems, such as eLORAN, Galileo
and others. IATA does not support the use of LPV approaches as a
universal solution and requires an adequate number of precision
approaches be maintained to provide capacity without GNSS. IATA states
GBAS and Baro VNAV approaches should be published to complement LPV
approaches at airports used by international carriers. IATA does not
want PBN levels to be specified that require augmentation unless they
are operationally required.
FAA Response: FAA will engage stakeholders via the working group in
implementing the MON. PBN transition strategy is currently being
developed within the FAA. The FAA will not mandate WAAS. PBN can be
achieved by multiple means, such as DME/DME and ILS. GBAS is currently
in the Research & Development phase.
Comment #14: Boeing Commercial Airplanes was concerned about the
interpretation text for the operational requirements for two
independent systems (reference 14 CFR 121.349, 125.203, 129.17 and
135.165). Specifically, they questioned the statement that the
requirements for a second navigation system apply to the entire set of
equipment needed to achieve the navigation capability, not just the
individual components. They are concerned that this statement could be
interpreted as requiring dual independent navigation computers.
Additionally, they state that existing, certified multi-sensor
navigation systems under AC 20-130A can meet the proposed policy
requirements.
FAA Response: The text does not imply the need for dual independent
navigation computers. The text instead emphasizes the need for
independence of the navigation systems and their components to ensure
that there will be no potential single point of failure or event that
could cause the loss of the ability to navigate along the intended
route or proceed safely to a suitable diversion airport. The
interpretation of this requirement as applied to an aircraft approved
for multi-sensor navigation and equipped with a single FMS is that the
aircraft must maintain an ability to navigate or proceed safely in the
event that any one component of the navigation system fails, including
the FMS. Retaining an FMS-independent VOR capability would satisfy the
requirement, even as the NAS is transitioned to the MON. This
interpretation corresponds to the advisory wording in AC 20-130A.
[[Page 50423]]
Comment #15: The Maryland Aviation Administration (MAA) expressed
concern about current GPS equipage rates.
FAA Response: Though approximately 19 percent of all general
aviation aircraft are equipped with aviation-qualified GPS, most
aircraft that actually file IFR flight plans are typically equipped
with GPS. Specifically, more than 72% of aircraft that filed at least
two IFR flight plans in 2011 filed with an equipment code indicating
they had IFR GPS receivers on board. Of aircraft that filed more than
100 IFR flight plans in a year the rate was above 97%. While it may be
the case that a significant number of aircraft flying VFR are not
equipped with GPS, the purpose of the VOR system is to provide
navigation for aircraft flying IFR, not VFR. VFR traffic is permitted
to use hand-held and non-IFR certified GPS equipment for situational
awareness as an aid to navigation and often use pilotage and dead
reckoning navigation. While the VORs retained in the MON will support
VFR aircraft operations, their purpose is clearly to support those
aircraft operating under IFR.
Comment #16: Two commenters (the Nebraska DoA and Thales) were
concerned over the impact that a reduction in VORs would have on
training and training requirements.
FAA Response: The current training standards for the FAA emphasize
VORs as the primary navigation source. The transition to NextGen will
require that the FAA shift emphasis from VOR navigation to satellite-
based navigation by changing training syllabi and the PTS. However,
some emphasis will need to remain on VOR and ILS to ensure that pilots
can navigate using these systems in the event of a GPS outage. These
considerations will be included in the FAA's plan for discontinuance of
VORs. Additionally, transfer of FAA-owned VORs not selected to be in
the MON to operation under non-Federal ownership for training may be
considered on a case-by-case basis.
Comment #17: The Nebraska DoA and Thales were also concerned with
airport infrastructure requirements resulting from development of RNAV
or RNP approaches.
FAA Response: FAA airport infrastructure requirements resulting
from instrument approaches are published in FAA Advisory Circular 150/
5300-13. Because airport infrastructure upgrades may be required for
the attainment of lowest instrument approach minima, collaboration with
local and state officials will be accomplished during the approach
development process. For example, development of an LPV approach could
not be accomplished if the required runway length were not available.
However, if a decision was made in collaboration with local and state
officials, to extend the runway, then an LPV could be reconsidered.
Comment #18: United Air Lines and GE Aviation expressed concern on
the use of GPS approach capability by air carriers at alternate
airports.
FAA Response: Current FAA policy allows operators of aircraft
equipped with WAAS to plan for RNAV (GPS) approaches to the LNAV line
of minima at their alternate. Furthermore, the FAA is currently
investigating what requirements will be necessary to allow un-augmented
GPS (TSO-C129/-C129a, TSO-C196/-C196a) equipped aircraft to plan for
RNAV (GPS) or RNAV (RNP) approaches at alternate airports.
Comment #19: Several commenters expressed concern that the
navigation transition strategy as outlined in the FRN is indirectly
requiring certain types of equipage, specifically GPS or WAAS equipage.
FAA Response: The FAA is committed to the use of performance-based
operations in the NAS. They remain the optimal way to both enable
technological advances while maintaining safety, efficiency and
consistency. Therefore, it is not the intention of the FAA to limit
operational approvals to specific technologies or to force retrofit
navigation solutions on current operators with legacy equipment. VOR
navigation will continue to be a viable option for airspace users for
the near future. Once the FAA completes implementation of the VOR MON,
VOR navigation will still serve the NAS, albeit in a less robust
fashion than today. Early publication of transition considerations and
planning will allow users to consider long-term equipage strategies for
their aircraft. Operators are encouraged to continue to seek approvals
for the use of navigation equipment that was emphasized in the FRN,
e.g. DME/DME/IRU, GPS, and WAAS. The FAA will continue to work with
industry to advance new technologies not yet matured, e.g., GBAS and
APNT. Additionally, the FAA will continue to work with our
international partners on global strategies for multi-constellation/
multi-frequency GNSS solutions.
Comment #20: AOPA and the National Business Aviation Association
(NBAA) both expressed support for direct routing and avoiding excessive
implementation of additional T and Q routes.
FAA Response: In the NextGen environment, T and Q routes increase
capacity and efficiency while maintaining safety by minimizing impact
to air traffic control. T and Q routes allow controllers to safely
manage air traffic during peak periods and to ensure predictable
transitions between busy traffic areas. T and Q routes overlaid on
existing airways defined by VORs could mitigate potential impacts to
the discontinuance of VOR navigation services.
Comment #21: Comments from military and general aviation expressed
interest in participating in VOR discontinuation planning.
FAA Response: As stated in the FRN, ``The FAA will convene a
working group that will develop a candidate list of VORs for
discontinuance using relevant operational, safety, cost and economic
criteria. As part of the process, this working group will engage
aviation industry stakeholders and other members of the public for
input.'' Detailed planning for the implementation of the MON is still
under development. As the program planning process is further
developed, the FAA will solicit input from government and industry
stakeholders before the VORs selected for the MON are finalized.
Comment #22: Several commenters (MAA, Boeing Commercial Airplanes,
United Air Lines, AOPA, Thales and DoD) indicated that an overall plan
is necessary and requested more detail on the MON. MAA commented that
without a national plan for discontinuation, the removal of specific
VORs from service might be premature. They believed that several VORs
in Maryland are currently planned for discontinuance and they suggested
that the discontinuation of specific facilities should be considered on
both a regional and national level using analysis to identify costs and
benefits in a more holistic manner to make the consideration of
facilities objective and consistent.
FAA Response: The FAA has not developed a final list of VORs that
will be included in the MON. The FAA is developing objective criteria,
which will be applied consistently both nationally and regionally to
help identify those VOR facilities that will remain operational. A
specific overall national CONOPS and discontinuance plan are being
developed to support this effort. The draft CONOPS and draft
discontinuance plan will be presented to stakeholders, and the FAA will
[[Page 50424]]
engage stakeholders in the discontinuance process.
Comment #23: Military and airline industry commenters expressed
concern with the FAA plan to establish the VOR MON by January 1, 2020.
FAA Response: This date coincides with the January 1, 2020 mandate
for ADS-B equipage. Once aircraft are equipped with ADS-B, it is
assumed that they will be equipped with GPS as well, since currently
GPS is the only known position source that can satisfy the NIC/NAC/SIL
requirements of ADS-B. At that time, the VOR MON will serve as the
required GPS backup for non DME-DME equipped aircraft in the event of a
GPS outage. By January 1, 2020, the VOR MON will provide sufficient VOR
coverage to enable aircraft to fly VOR-to-VOR either through the GPS
outage or to a safe landing.
Comment #24: A number of operators, service providers and equipment
manufacturers were concerned about the level of reliance on GPS
expressed in the FRN in light of possible interference with the GPS
service. Interference on a regular basis from government testing and
training was specifically identified, as was possible widespread
interference from licensed operators as well as unintentional
interference from a variety of human and natural sources. There remains
a concern among users that GPS is susceptible to interference and VORs
should remain as a cost effective reliable means of navigation.
FAA Response: U.S. National policy recognizes the vulnerability of
GPS signals, from both human and natural sources, and requires
operations reliant on GPS position, navigation, and timing (PNT) for
safety, security, or significant economic benefit to have sufficient
backups in place. The FAA has operated and will continue to operate
GPS-independent systems to fulfill this requirement, such as ILS, DME,
and VOR. As the NAS transitions to NextGen, there is also a requirement
to move from conventional facility based navigation to point-to-point
navigation using PBN, a role that the airways supported by VORs cannot
support. The FAA will continue to operate a subset of the current VOR
facilities in a MON to support those aircraft not equipped with GPS-
independent RNAV capability, while developing an RNAV-capable APNT
system to fulfill this role in the future. DoD Interference with GPS:
The FAA recognizes the need for DoD elements as part of their mission
to operate and conduct training in a GPS-denied environment. Both the
FAA and DoD are committed to working together to ensure that the DoD
mission will not impact the FAA's mission to operate a safe and
efficient NAS. DoD GPS interference testing is fully coordinated with
the FAA and prior to testing, the FAA issues a Notice to Airmen (NOTAM)
that describes the potential extent of interference and the timeframe
in which it might occur. During testing the FAA maintains direct
communications with DoD at all times and can have tests suspended in
the event of any impact to NAS operations. Today, aircraft with non-GPS
RNAV avionics are not impacted by this interference, and in the future,
all APNT-equipped aircraft will similarly be unaffected.
Comment #25: Comments were received relative to several specific
VORs with reasons for their specific retention. In the case of the
Wichita, KS VOR (ICT), it was stated that the facility is needed for
testing and airworthiness demonstration of new manufactured aircraft by
a number of companies in the area.
FAA Response: While a VOR signal is necessary for this activity, it
is not necessary that the service be provided by a FAA owned VOR, whose
purpose under the MON will be to ensure safe operations in the event of
a GPS outage. A non-Federal VOR, owned by an airport authority, state
instrumentality or private entity could also perform this function. In
cases where individuals/organizations have an interest in maintaining a
specific VOR service, the VOR could be transferred to and operated
under agreement with the FAA as a non-federal facility.
Comment #26: Thales expressed a concern over how the VOR MON will
support non-GPS aircraft and GPS aircraft during GPS interference if a
key MON VOR is down for maintenance.
FAA Response: In determining the VORs that will make up the MON,
consideration will be given to the availability and continuity of
navigation service expected from each facility. The VOR MON's purpose,
a non-PBN backup in the event of a GPS outage, will be considered in
making this determination. An element of this consideration will be the
availability of non-GPS dependent surveillance services that would
allow air traffic to provide services in the event of both a GPS and
individual VOR service outage. Additionally, the equipage rate of IFR
traffic with IFR GPS is significant and expected to be near 100% as we
approach the year 2020 ADS-B mandate. While possible to fly IFR using
the VOR MON, the increased distance of the VOR-only route as compared
to using RNAV navigation will likely be highly undesirable. This will
further drive GPS equipage.
Comment #27: The DoD stated concern on the cost of transition
versus benefits for their fleet of aircraft.
FAA Response: The NAS' transition to NextGen is a national
priority, in which the FAA plays an important role in concert with
other Federal agencies and the aviation community. The transition to
PBN as enabling capability for NextGen is a key part of the NGIP.
Additionally, the considerations of the military in transitioning a
14,600 aircraft fleet and operating practices to RNAV/RNP stated in
comments to the public docket appear to include the notion that TACAN
services from VORTAC facilities will be terminated when VOR service is
discontinued. This is not the case. The military also desires the FAA
to retain VOR and TACAN service for specific enroute and terminal
locations and procedures as the military aircraft fleet equipage and
operating procedures evolve.
The FAA notes that there is historic precedent for the transition
to a single national system--specifically the establishment of VORs and
associated airways, DME, and ILS in the 1950s. At that time the
military did not want to equip with VOR or ILS in tactical aircraft due
to weight and space constraints, stating that Non-Directional Beacons
(NDB) and four course ranges for enroute navigation and ground
controlled approach (GCA) for landing was sufficient pending
implementation of TACAN. The military also wanted to evolve to use
TACAN because of weight/size and operational advantages over VOR and to
include their implementation of DME, rather than the civil DME
standard. The civil community, particularly airlines, wanted VOR for
improved accuracy and usability over four course ranges and NDBs with
ILS for approaches. In the end the NDBs and four course ranges were
retained until military aircraft and operating practices transitioned
to TACAN, the military DME standard was adopted for all DMEs and ILS
was standardized for approaches, though the military continued GCA
approaches, particularly for tactical aircraft.
The transition to RNAV/RNP may be undertaken economically for
military aviation by retaining TACAN as a system, discontinuing only
specific facilities on an individual basis; incorporating military use
considerations for identifying VOR service for discontinuation in
enroute and terminal environments; designating special use airspace and
other military usage features with RNAV references as well as TACAN or
VOR rho/theta and
[[Page 50425]]
distance references; and retaining ILS at current sites with
installation of new ILSs by military where needed in lieu of LP and
LPV.
* * * * *
Issued in Washington, DC, on August 14, 2012.
Lansine Toure,
Acting Manager, Navigation Programs.
[FR Doc. 2012-20464 Filed 8-20-12; 8:45 am]
BILLING CODE 4910-13-P