Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Clarification, 58672-58674 [2014-23250]
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58672
Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations
note); Energy Policy Act of 2005, Pub. L.
109–58, 119 Stat. 594 (2005).
Sections 150.3, 150.15, 150.15a, 150.31,
150.32 also issued under Atomic Energy Act
secs. 11e(2), 81, 83, 84 (42 U.S.C. 2014e(2),
2111, 2113, 2114).
Section 150.14 also issued under Atomic
Energy Act sec. 53 (42 U.S.C. 2073).
Section 150.15 also issued under Nuclear
Waste Policy Act secs. 135 (42 U.S.C. 10155,
10161).
Section 150.17a also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152).
Section 150.30 also issued under Atomic
Energy Act sec. 234 (42 U.S.C. 2282).
§ 150.15
[Amended]
15. In § 150.15, remove paragraph
(a)(9).
■
Dated at Rockville, Maryland, this 23rd day
of September, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014–23256 Filed 9–29–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2013–0269]
RIN 3150–AJ30
List of Approved Spent Fuel Storage
Casks: Transnuclear, Inc. NUHOMS®
HD Cask System, Certificate of
Compliance No. 1030, Amendment
No. 2
FOR FURTHER INFORMATION CONTACT:
Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of October 14, 2014, for
the direct final rule that was published
in the Federal Register on July 31, 2014.
This direct final rule amended the
NRC’s spent fuel storage regulations by
revising the Transnuclear, Inc.
NUHOMS® HD Cask System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 2 to Certificate of Compliance (CoC)
No. 1030.
DATES: Effective date: The effective date
of October 14, 2014, for the direct final
rule published July 31, 2014 (79 FR
44264), is confirmed.
ADDRESSES: Please refer to Docket ID
NRC–2013–0269 when contacting the
NRC about the availability of
information for this direct final rule.
You may obtain publicly-available
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:10 Sep 29, 2014
Jkt 232001
information related to this direct final
rule by any of the following methods:
• Federal Rulemaking Web site: Go
to: https://www.regulations.gov and
search for Docket ID NRC–2013–0269.
Address questions about NRC dockets to
Carol Gallagher; telephone: 301–287–
3422; email: Carol.Gallagher@nrc.gov.
For technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
Gregory Trussell, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
6445, email: Gregory.Trussell@nrc.gov.
On July
31, 2014 (79 FR 44264), the NRC
published a direct final rule amending
its regulations at § 72.214 of Title 10 of
the Code of Federal Regulations by
revising the Transnuclear, Inc.
NUHOMS® HD Cask System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 2 to CoC No. 1030. In the direct
final rule, the NRC stated that if no
significant adverse comments were
received, the direct final rule would
become effective on October 14, 2014.
The NRC did not receive any comments
on the direct final rule. Therefore, this
direct final rule will become effective as
scheduled.
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 24th day
of September, 2014.
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Frm 00018
Fmt 4700
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For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives
Branch, Division of Administrative Services,
Office of Administration.
[FR Doc. 2014–23220 Filed 9–29–14; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No. FAA–2010–0982]
RIN 2120–AJ53
Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter
Operations; Clarification
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; clarification.
AGENCY:
This document provides
clarification of the intent of the
Approach/Departure IFR Transitions
regulation contained in the Helicopter
Air Ambulance, Commercial Helicopter,
and Part 91 Helicopter Operations final
rule, published on February 22, 2014.
After publication, the FAA received
comments and questions from intended
users and industry advocacy groups
about the clarity of terms used in this
regulation, specifically, regarding the
use of published instrument approaches
and departures and the visibility
limitations and differences between the
terms ‘‘proceed visually’’ and ‘‘proceed
VFR’’. The FAA is clarifying the terms
and intent of this regulation in order to
increase situational awareness and
enhance Helicopter Air Ambulance
safety. This clarification is intended for
Part 135 air carriers engaged in
helicopter air ambulance operations,
and Principal Inspectors with oversight
responsibility for helicopter air
ambulance operations.
DATES: Effective September 30, 2014.
FOR FURTHER INFORMATION CONTACT: For
technical questions, contact Andrew C.
Pierce, Air Transportation Division,
Flight Standards Service, Federal
Aviation Administration; telephone
(202) 267–8238; email andy.pierce@
faa.gov. For legal questions contact
Nancy Sanchez, Regulations Division,
Office of the Chief Counsel, Federal
Aviation Administration; telephone
(202) 267–3073; email nancy.sanchez@
faa.gov.
SUMMARY:
On
February 21, 2014, the FAA published
a final rule entitled, ‘‘Helicopter Air
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations
Ambulance, Commercial Helicopter,
and part 91 Helicopter Operations’’ (79
FR 9932) (effective date delayed on
April 21, 2014, at 79 FR 22012; final
rule corrected at 79 FR 41125, July 15,
2014). In that final rule, the FAA
addressed helicopter air ambulance
operations and all commercial
helicopter operations conducted under
part 135. The FAA also established new
weather minimums for helicopters
operating under part 91 in Class G
airspace. In the February 21, 2014, final
rule, the FAA, among other things,
added § 135.613 to Title 14, Code of
Federal Regulations. Section 135.613,
Approach/departure IFR transitions,
describes the required weather
minimums to transition into and out of
the IFR environment, aiding in the
transition from the minimum descent
altitude on an instrument approach
procedure, to the point of intended
landing.
tkelley on DSK3SPTVN1PROD with RULES
Background
Copter Point-in-Space Instrument
Approach Procedures with a final visual
segment are designed to accommodate
one of two types of visual transitions
between the missed approach point
(MAP) and the intended point of
landing. The approach procedure may
depict a visual transition noted as
‘‘proceed visually’’ or a visual transition
noted as ‘‘proceed VFR’’. ‘‘Proceed
visually’’ transition segments are
designed with relatively short distances
between the MAP and the intended
landing site and are considered a
continuation of the IFR procedure.
‘‘Proceed VFR’’ transition segments
span longer distances and/or require
turns from the final approach course
toward a landing facility and therefore
require commensurately greater ceilings
and visibilities as defined within 14
CFR 135.613. The same may be said
about departures from landing facilities
to enter the IFR flight environment.
Obstacle Departure Procedures (ODP)
may provide takeoff minimum weather
conditions for IFR departures from the
landing site. Other landing facility
departures that do not have published
takeoff minimums on an ODP must
observe higher ceiling and visibility
minimums in accordance with 14 CFR
135.613.
Discussion
The FAA received a summary of
comments and input from associations
and various operators in the helicopter
air ambulance industry on the
Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter
Operations final rule. The summary
paper was prepared by Helicopter
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16:10 Sep 29, 2014
Jkt 232001
Association International (HAI),
American Medical Operators
Association (AMOA) and the
Association of Air Medical Services
(AAMS). The various operators stated
that the title of 135.613 is misleading
and will cause confusion. The
commenters explained that the title of
the regulation references IFR transitions
when it should be referencing VFR
transitions.
The FAA clarifies that the regulation
addresses IFR clearances and visual or
VFR transitions into or out of the IFR
flight environment, thus the regulation
correctly characterizes the transitions as
elements of the IFR environment.
Multiple industry commenters also
voiced concerns regarding technical
differences between the terms ‘‘proceed
visually’’ and ‘‘proceed VFR’’ as applied
to transitions for instrument approaches
and instrument departures. The
following provides further explanation
to assist industry in understanding what
the difference is between the two terms.
Copter Point-in-Space approaches
provide an instrument descent along a
predetermined course to safely allow
IFR helicopter traffic to descend to a
minimum descent altitude (MDA) prior
to or upon arriving at MAP. At the MAP,
the pilot must assess whether or not the
flight can safely and legally proceed to
the destination in the meteorological
conditions present. Continuation of the
flight beyond the MAP must be
accomplished via a visual transition
segment in accordance with the design
of the Instrument Approach Procedure
(IAP).
There are two types of visual
transition segments associated with
continued flight beyond the MAP to one
or more nearby landing facilities
clustered around the MAP. The
published approach procedure will
indicate either ‘‘proceed visually’’ or
‘‘proceed VFR’’ along this transition
segment. The presence of obstructions
and terrain, combined with the distance
between the MAP and the landing
facility, determine the type of transition
and the visibility required to legally and
safely make the transition from the MAP
to the destination.
If a published approach depicts a
‘‘proceed visually’’ segment, that
segment is conducted on a clearance
under IFR and is not the subject of
discussion under § 135.613. This case is
analogous to the visual transition from
a MAP to a runway on an IFR approach,
which is conducted visually. In the case
of the ‘‘proceed visually’’ transition, the
minimum required visibility will be
indicated on the published procedure.
Generally, this means the pilot should
be able to see the destination heliport
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58673
from the MAP. The minimum distance
between the MAP and a destination
landing facility for a ‘‘proceed visually’’
transition is 0.65 nautical miles. This
minimum segment distance is intended
to facilitate avoidance of adverse
consequences of combined high descent
rates and deceleration rates. The
minimum visibility for the ‘‘proceed
visually’’ transition segment is 3⁄4
nautical mile, so that the pilot should
always be able to visually acquire the
point of intended landing before
beginning the visual segment of the
instrument approach. The required
visibility is commensurately greater for
‘‘proceed visually’’ transition segments
that are longer than 0.65 nautical miles.
If a published approach depicts a
‘‘proceed VFR’’ segment, the visual
segment must be conducted under VFR.
14 CFR 135.613 pertains to the ‘‘proceed
VFR’’ transition when depicted on the
published approach. If the distance
between the MAP and the landing
facility is less than or equal to one
nautical mile, § 135.613(a)(1) sets the
minimum visibility to 1 statute mile. If
the distance between the MAP and the
intended landing site is between one
nautical mile and three nautical miles,
§ 135.613(a)(2) sets the day ceiling and
visibility requirements to 600′ and 2
nautical miles, and sets the night ceiling
and visibility requirements to 600′ and
3 nautical miles. If the distance between
the MAP and the intended landing site
is greater than three nautical miles,
§ 135.613(a)(3) requires the ceiling and
visibility to meet either the helicopter
air ambulance Class G VFR weather
minimums shown in Table 1 of
§ 135.609, or, if within Class B, C, D, or
E airspace, to meet the weather
minimums referenced in § 135.205.
With respect to instrument
departures, § 135.613(b) addresses only
VFR to IFR transitions, not departures
conducted under an IFR clearance with
takeoff minimums published on an
ODP. If a departing flight obtains an IFR
clearance valid from lift off and weather
meets or exceeds the published ODP
takeoff minimums, the pilot can
‘‘proceed visually’’ under the IFR
clearance to the Initial Departure Fix
(IDF). In this case, there is no VFR
segment, the published takeoff weather
requirements are in effect, and
§ 135.613(b) does not apply.
If, however, the departing flight must
lift off VFR and ‘‘proceed VFR’’ via an
ODP to a point where an IFR clearance
becomes effective or to a point where
the IFR clearance may be obtained on
the way to the IDF, § 135.613(b)(1)
applies. This requires a minimum
visibility of 1 nautical mile prior to lift
off if the IDF is no more than 1 nautical
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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations
mile away from the point of lift off. If
the departure involves a VFR to IFR
transition and does not meet the
requirements of § 135.613(b)(1), (there is
no ODP, and/or the IDF is more than 1
nautical mile from the point of lift off),
the VFR weather minimums required by
the class of airspace apply. If the flight
is within Class G airspace, refer to
§ 135.609; if it is within Class B, C, D,
or E airspace, refer to § 135.205.
Issued in Washington, DC, on September
24, 2014.
Michael J. Zenkovich,
Deputy Director, Flight Standards Service.
[FR Doc. 2014–23250 Filed 9–29–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 25
[Docket No. TTB–2012–0006; T.D. TTB–123;
Re: Notice No. 131 and T.D. TTB–109]
RIN 1513–AB94
Small Brewers Bond Reduction and
Requirement To File Tax Returns,
Remit Tax Payments and Submit
Reports Quarterly
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) is adopting as
a permanent regulatory change a flat
$1,000 penal sum for the brewer’s bond
for brewers whose excise tax liability is
reasonably expected to be not more than
$50,000 in a given calendar year and
who were liable for not more than
$50,000 in such taxes in the preceding
calendar year. TTB originally set forth
this change in a temporary rule issued
on December 7, 2012. In addition, TTB
is adopting as a final rule its proposal,
also issued on December 7, 2012, to
require small brewers to file Federal
excise tax returns, pay tax, and submit
reports of operations quarterly. TTB
expects these amendments to reduce the
regulatory burdens on such brewers,
reduce their administrative costs, and
create administrative efficiencies for
TTB.
SUMMARY:
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 229, 230, 232, 239, 240,
243, and 249
[Release Nos. 33–9638; 34–72982; File No.
S7–08–10]
RIN 3235–AK37
Asset-Backed Securities Disclosure
and Registration
Correction
In rule document 2014–21375
appearing on pages 57184 through
57346 in the issue of Wednesday,
September 24, 2014, make the following
corrections:
§ 229.601
(Item 601) Exhibits [Corrected]
1. On page 57312, in ‘‘Exhibit Table’’,
in column‘‘10–Q’’, the entry
corresponding with number ‘‘(31)’’
should read ‘‘X’’.
■
Appendix to § 229.1125—Schedule AL
[Corrected]
2. On page 57328, in column three, on
lines 29–33, the entry for paragraph
‘‘(b)’’ should read ‘‘If the asset pool
includes asset-backed securities issued
after November 23, 2016, provide the
asset-level information specified in
§ 229.1111(h) for the assets backing each
security in the asset pool.’’
■
tkelley on DSK3SPTVN1PROD with RULES
[FR Doc. C1–2014–21375 Filed 9–29–14; 8:45 am]
BILLING CODE 1505–01–D
VerDate Sep<11>2014
16:10 Sep 29, 2014
Jkt 232001
This final rule is effective on
January 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Ramona Hupp, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box
12, Washington, DC 20005; telephone
202–453–1039, ext. 110, or email
BeerRegs@ttb.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
TTB Authority
Chapter 51 of the Internal Revenue
Code of 1986 (IRC) pertains to the
taxation of distilled spirits, wines, and
beer (see title 26 of the United States
Code (U.S.C.), chapter 51 (26 U.S.C.
chapter 51)). With regard to beer, IRC
section 5051 (26 U.S.C. 5051) imposes a
Federal excise tax on all beer brewed or
produced, and removed for
consumption or sale, within the United
States, or imported into the United
States. The rate of the Federal excise tax
on beer is $18 for every barrel
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
containing not more than 31 gallons,
and a like rate for any other quantity or
for fractional parts of a barrel, with an
exception that the rate of tax is $7 a
barrel for the first 60,000 barrels of beer
for a domestic brewer that does not
produce more than 2 million barrels of
beer in a calendar year. Section 5054 (26
U.S.C. 5054) provides that, in general,
the tax imposed on beer under section
5051 shall be determined at the time the
beer is removed for consumption or
sale, and shall be paid by the brewer in
accordance with section 5061 (26 U.S.C.
5061).
Section 5061 pertains to the time and
method for submitting tax returns and
payment of the applicable excise taxes.
Section 5061 states that Federal excise
taxes on distilled spirits, wines, and
beer shall be collected on the basis of a
return, and that the Secretary of the
Treasury (the Secretary) shall, by
regulation, prescribe the period or event
for which such return shall be filed.
Section 5061(d)(1) generally requires
that the excise taxes owed on alcohol
beverages, including beer, withdrawn
under bond be paid no later than the
14th day after the last day of the
semimonthly period during which the
withdrawal occurs. Under a special rule,
September has three return periods
(section 5061(d)(5)), resulting in a total
of 25 returns due each year. Section
5061(d)(4) provides an exception to the
semimonthly rule for taxpayers who
reasonably expect to be liable for not
more than $50,000 in alcohol excise
taxes in a calendar year and who were
liable for not more than $50,000 in the
preceding calendar year. Under this
provision, such taxpayers may pay the
excise taxes on alcohol beverages
withdrawn under bond on a quarterly
basis.
Section 5401(b) (26 U.S.C. 5401(b))
provides that all brewers shall obtain a
bond to insure the payment of any taxes
owed. The amount of such bond shall be
‘‘in such reasonable penal sum’’ as
prescribed by the Secretary in
regulations ‘‘as necessary to protect and
insure collection of the revenue.’’
Section 5415 of the IRC (26 U.S.C.
5415) requires brewers to keep records
and to make true and accurate ‘‘returns’’
of their brewing and associated
operations at the times and for such
periods as the Secretary prescribes by
regulation. The implementing
regulations refer to these ‘‘returns’’ as
‘‘reports’’ of operations.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers chapter
51 of the IRC and its implementing
regulations pursuant to section 1111(d)
of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
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Agencies
[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Rules and Regulations]
[Pages 58672-58674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23250]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No. FAA-2010-0982]
RIN 2120-AJ53
Helicopter Air Ambulance, Commercial Helicopter, and Part 91
Helicopter Operations; Clarification
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; clarification.
-----------------------------------------------------------------------
SUMMARY: This document provides clarification of the intent of the
Approach/Departure IFR Transitions regulation contained in the
Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter
Operations final rule, published on February 22, 2014. After
publication, the FAA received comments and questions from intended
users and industry advocacy groups about the clarity of terms used in
this regulation, specifically, regarding the use of published
instrument approaches and departures and the visibility limitations and
differences between the terms ``proceed visually'' and ``proceed VFR''.
The FAA is clarifying the terms and intent of this regulation in order
to increase situational awareness and enhance Helicopter Air Ambulance
safety. This clarification is intended for Part 135 air carriers
engaged in helicopter air ambulance operations, and Principal
Inspectors with oversight responsibility for helicopter air ambulance
operations.
DATES: Effective September 30, 2014.
FOR FURTHER INFORMATION CONTACT: For technical questions, contact
Andrew C. Pierce, Air Transportation Division, Flight Standards
Service, Federal Aviation Administration; telephone (202) 267-8238;
email andy.pierce@faa.gov. For legal questions contact Nancy Sanchez,
Regulations Division, Office of the Chief Counsel, Federal Aviation
Administration; telephone (202) 267-3073; email nancy.sanchez@faa.gov.
SUPPLEMENTARY INFORMATION: On February 21, 2014, the FAA published a
final rule entitled, ``Helicopter Air
[[Page 58673]]
Ambulance, Commercial Helicopter, and part 91 Helicopter Operations''
(79 FR 9932) (effective date delayed on April 21, 2014, at 79 FR 22012;
final rule corrected at 79 FR 41125, July 15, 2014). In that final
rule, the FAA addressed helicopter air ambulance operations and all
commercial helicopter operations conducted under part 135. The FAA also
established new weather minimums for helicopters operating under part
91 in Class G airspace. In the February 21, 2014, final rule, the FAA,
among other things, added Sec. 135.613 to Title 14, Code of Federal
Regulations. Section 135.613, Approach/departure IFR transitions,
describes the required weather minimums to transition into and out of
the IFR environment, aiding in the transition from the minimum descent
altitude on an instrument approach procedure, to the point of intended
landing.
Background
Copter Point-in-Space Instrument Approach Procedures with a final
visual segment are designed to accommodate one of two types of visual
transitions between the missed approach point (MAP) and the intended
point of landing. The approach procedure may depict a visual transition
noted as ``proceed visually'' or a visual transition noted as ``proceed
VFR''. ``Proceed visually'' transition segments are designed with
relatively short distances between the MAP and the intended landing
site and are considered a continuation of the IFR procedure. ``Proceed
VFR'' transition segments span longer distances and/or require turns
from the final approach course toward a landing facility and therefore
require commensurately greater ceilings and visibilities as defined
within 14 CFR 135.613. The same may be said about departures from
landing facilities to enter the IFR flight environment. Obstacle
Departure Procedures (ODP) may provide takeoff minimum weather
conditions for IFR departures from the landing site. Other landing
facility departures that do not have published takeoff minimums on an
ODP must observe higher ceiling and visibility minimums in accordance
with 14 CFR 135.613.
Discussion
The FAA received a summary of comments and input from associations
and various operators in the helicopter air ambulance industry on the
Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter
Operations final rule. The summary paper was prepared by Helicopter
Association International (HAI), American Medical Operators Association
(AMOA) and the Association of Air Medical Services (AAMS). The various
operators stated that the title of 135.613 is misleading and will cause
confusion. The commenters explained that the title of the regulation
references IFR transitions when it should be referencing VFR
transitions.
The FAA clarifies that the regulation addresses IFR clearances and
visual or VFR transitions into or out of the IFR flight environment,
thus the regulation correctly characterizes the transitions as elements
of the IFR environment.
Multiple industry commenters also voiced concerns regarding
technical differences between the terms ``proceed visually'' and
``proceed VFR'' as applied to transitions for instrument approaches and
instrument departures. The following provides further explanation to
assist industry in understanding what the difference is between the two
terms.
Copter Point-in-Space approaches provide an instrument descent
along a predetermined course to safely allow IFR helicopter traffic to
descend to a minimum descent altitude (MDA) prior to or upon arriving
at MAP. At the MAP, the pilot must assess whether or not the flight can
safely and legally proceed to the destination in the meteorological
conditions present. Continuation of the flight beyond the MAP must be
accomplished via a visual transition segment in accordance with the
design of the Instrument Approach Procedure (IAP).
There are two types of visual transition segments associated with
continued flight beyond the MAP to one or more nearby landing
facilities clustered around the MAP. The published approach procedure
will indicate either ``proceed visually'' or ``proceed VFR'' along this
transition segment. The presence of obstructions and terrain, combined
with the distance between the MAP and the landing facility, determine
the type of transition and the visibility required to legally and
safely make the transition from the MAP to the destination.
If a published approach depicts a ``proceed visually'' segment,
that segment is conducted on a clearance under IFR and is not the
subject of discussion under Sec. 135.613. This case is analogous to
the visual transition from a MAP to a runway on an IFR approach, which
is conducted visually. In the case of the ``proceed visually''
transition, the minimum required visibility will be indicated on the
published procedure. Generally, this means the pilot should be able to
see the destination heliport from the MAP. The minimum distance between
the MAP and a destination landing facility for a ``proceed visually''
transition is 0.65 nautical miles. This minimum segment distance is
intended to facilitate avoidance of adverse consequences of combined
high descent rates and deceleration rates. The minimum visibility for
the ``proceed visually'' transition segment is \3/4\ nautical mile, so
that the pilot should always be able to visually acquire the point of
intended landing before beginning the visual segment of the instrument
approach. The required visibility is commensurately greater for
``proceed visually'' transition segments that are longer than 0.65
nautical miles.
If a published approach depicts a ``proceed VFR'' segment, the
visual segment must be conducted under VFR. 14 CFR 135.613 pertains to
the ``proceed VFR'' transition when depicted on the published approach.
If the distance between the MAP and the landing facility is less than
or equal to one nautical mile, Sec. 135.613(a)(1) sets the minimum
visibility to 1 statute mile. If the distance between the MAP and the
intended landing site is between one nautical mile and three nautical
miles, Sec. 135.613(a)(2) sets the day ceiling and visibility
requirements to 600' and 2 nautical miles, and sets the night ceiling
and visibility requirements to 600' and 3 nautical miles. If the
distance between the MAP and the intended landing site is greater than
three nautical miles, Sec. 135.613(a)(3) requires the ceiling and
visibility to meet either the helicopter air ambulance Class G VFR
weather minimums shown in Table 1 of Sec. 135.609, or, if within Class
B, C, D, or E airspace, to meet the weather minimums referenced in
Sec. 135.205.
With respect to instrument departures, Sec. 135.613(b) addresses
only VFR to IFR transitions, not departures conducted under an IFR
clearance with takeoff minimums published on an ODP. If a departing
flight obtains an IFR clearance valid from lift off and weather meets
or exceeds the published ODP takeoff minimums, the pilot can ``proceed
visually'' under the IFR clearance to the Initial Departure Fix (IDF).
In this case, there is no VFR segment, the published takeoff weather
requirements are in effect, and Sec. 135.613(b) does not apply.
If, however, the departing flight must lift off VFR and ``proceed
VFR'' via an ODP to a point where an IFR clearance becomes effective or
to a point where the IFR clearance may be obtained on the way to the
IDF, Sec. 135.613(b)(1) applies. This requires a minimum visibility of
1 nautical mile prior to lift off if the IDF is no more than 1 nautical
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mile away from the point of lift off. If the departure involves a VFR
to IFR transition and does not meet the requirements of Sec.
135.613(b)(1), (there is no ODP, and/or the IDF is more than 1 nautical
mile from the point of lift off), the VFR weather minimums required by
the class of airspace apply. If the flight is within Class G airspace,
refer to Sec. 135.609; if it is within Class B, C, D, or E airspace,
refer to Sec. 135.205.
Issued in Washington, DC, on September 24, 2014.
Michael J. Zenkovich,
Deputy Director, Flight Standards Service.
[FR Doc. 2014-23250 Filed 9-29-14; 8:45 am]
BILLING CODE 4910-13-P