Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Correcting Amendment, 1186-1188 [2018-00225]

Download as PDF 1186 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations Lists of Subjects in 14 CFR Part 71 DEPARTMENT OF TRANSPORTATION Airspace, Incorporation by reference, Navigation (air). Federal Aviation Administration Adoption of the Amendment 14 CFR Part 121 In consideration of the foregoing, the Federal Aviation Administration amends 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 part 71 continues to read as follows: [Docket No.: FAA–2013–0485; Amdt. No. 121–376B] RIN 2120–AJ94 Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Correcting Amendment ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * ANM OR E5 * * Madras, OR [New] Madras Municipal Airport, OR (Lat. 44°40′13″ N, long. 121°09′19″ W) That airspace extending upward from 700 feet above the surface within 4 miles northwest and 3.5 miles southeast of the 028° bearing from Madras Municipal Airport extending to 6.5 miles northeast of the airport, and within 4 miles northwest and 3.5 miles southeast of the 208° bearing from the airport extending to 7.5 miles southwest of the airport, and within 1.0 mile west and 1.1 miles east of the 180° bearing from the airport extending to 10.6 miles south of the airport. Issued in Seattle, Washington, on January 2, 2018. Shawn M. Kozica, Group Manager, Operations Support Group, Western Service Center. [FR Doc. 2018–00197 Filed 1–9–18; 8:45 am] BILLING CODE 4910–13–P jstallworth on DSKBBY8HB2PROD with RULES The FAA is correcting a final rule published on December 13, 2016. In that rule, the FAA amended its regulations to allow operators to use an enhanced flight vision system (EFVS) in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation (TDZE) to the runway and to land on certain straightin instrument approach procedures (IAPs) under instrument flight rules (IFR). As part of the final rule, the FAA revised appendix F to part 121 to provide greater clarity on the checking requirements for EFVS. In amending appendix F to part 121, the FAA used amendatory instructions that inadvertently misplaced new paragraph III(c)(5). This document amends appendix F to part 121 to correct that error. SUMMARY: [Amended] ■ * Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correcting amendment. AGENCY: DATES: Effective January 10, 2018. FOR FURTHER INFORMATION CONTACT: Terry King, Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–8790; email Terry.King@faa.gov. SUPPLEMENTARY INFORMATION: Background On December 13, 2016, the FAA published a final rule entitled, ‘‘Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems.’’ 1 In that final rule, which became effective, in part, on March 13, 2017, the FAA created new 14 CFR 91.176 to contain the operating rules for EFVS operations to touchdown 1 81 FR 90126; corrected at 82 FR 2193, January 9, 2017; corrected at 82 FR 9677, February 8, 2017. VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 and rollout and for EFVS operations to 100 feet above the TDZE. The FAA also established training and recent flight experience requirements for persons conducting EFVS operations.2 Because part 121 operators authorized to conduct EFVS operations were already required to train, check, and qualify their pilots on EFVS in accordance with their Operation Specifications, the FAA excepted part 121 pilots from the new EFVS recent flight experience requirements.3 The FAA recognized, however, that the requirement to be qualified for EFVS operations by one of the certificate holder’s check airmen was not as transparent as the requirements to train crewmembers on EFVS, which are found within the relevant operating rules of 14 CFR. Therefore, the FAA revised appendix F to part 121 to provide greater clarity on the checking requirements for EFVS operations. In amending appendix F to part 121, the FAA included amendatory instructions to amend the Table by adding new entry III.(c)(5). However, because of the undesignated paragraph following paragraph III.(c)(4) in appendix F, it was unclear whether new paragraph III(c)(5) should be published before or after the undesignated paragraph. When the final rule became effective, paragraph III.(c)(5) was inadvertently placed after the undesignated paragraph. Correction The FAA did not intend to add paragraph III.(c)(5) after the undesignated paragraph preceding paragraph III.(d). Instead, paragraph III(c)(5) should immediately follow paragraph III.(c)(4). The FAA is therefore revising appendix F to part 121 to relocate paragraph III.(c)(5) accordingly. Because this amendment results in no substantive change, the FAA finds that the notice and public procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason, the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the amendments effective in less than 30 days. 2 The FAA notes that the training and recent flight experience requirements of § 61.66 will become effective on March 13, 2018. 3 The EFVS recent flight experience and EFVS refresher training requirements are contained in § 61.66(d) and (e). Section 61.66(h)(3) states that the requirements of paragraph (d) and (e) do not apply to a pilot who is employed by a part 119 certificate holder authorized to conduct operations under part 121, 125, or 135 when the pilot is conducting an EFVS operation for that certificate holder under part 91, 121, 125, or 135, as applicable, provided the pilot conducts the operation in accordance with the certificate holder’s operations specifications for EFVS operations. E:\FR\FM\10JAR1.SGM 10JAR1 1187 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations Air carriers, Aircraft, Airmen, Aviation safety. PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 44713, 44716–44717, 44722, 44729, 44732; 46105; Pub. L. 111–216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, 126 Stat. 62 (49 U.S.C. 44732 note). Correcting Amendment ■ 1. The authority citation for part 121 continues to read as follows: ■ For the reasons stated in the preamble, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows: Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112–95, sec. 412, 126 Stat. 89, 44101, 44701–702, 44705, 44709–44711, Appendix F to Part 121—Proficiency Check Requirements List of Subjects in 14 CFR Part 121 2. In appendix F, revise paragraph III. of the table to read as follows: * * * Required Maneuvers/procedures * * Simulated instrument conditions * * * Permitted Visual simulator Inflight * Nonvisual simulator * Training device * Waiver provisions of § 121.441(d) * jstallworth on DSKBBY8HB2PROD with RULES III. Instrument procedures: (a) Area departure and area arrival. During each of these maneuvers the applicant must— ........................ (1) Adhere to actual or simulated ATC clearances (including assigned radials); and (2) Properly use available navigation facilities. Either area arrival or area departure, but not both, may be waived under § 121.441(d). (b) Holding. This maneuver includes entering, maintaining, and leaving holding patterns. It may be performed in connection with either area departure or area arrival (c) ILS and other instrument approaches. There must be the following: (1) At least one normal ILS approach ....................... (2) At least one manually controlled ILS approach with a simulated failure of one powerplant. The simulated failure should occur before initiating the final approach course and must continue to touchdown or through the missed approach procedure .................................................................... (3) At least one nonprecision approach procedure that is representative of the non-precision approach procedures that the certificate holder is likely to use ............................................................ (4) Demonstration of at least one nonprecision approach procedure on a letdown aid other than the approach procedure performed under subparagraph (3) of this paragraph that the certificate holder is approved to use ...................................... (5) For each type of EFVS operation the certificate holder is authorized to conduct, at least one instrument approach must be made using an EFVS. Each instrument approach must be performed according to any procedures and limitations approved for the approach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of a GCA approach) and ends when the airplane touches down on the runway or when transition to a missed approach configuration is completed. Instrument conditions need not be simulated below 100′ above touchdown zone elevation .............................................. (d) Circling approaches. If the certificate holder is approved for circling minimums below 1000–3, at least one circling approach must be made under the following conditions .......................................... (1) The portion of the approach to the authorized minimum circling approach altitude must be made under simulated instrument conditions .................. VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 PO 00000 B .................... .................... B .................... *B B .................... .................... B .................... B B .................... B .................... .................... .................... B .................... .................... .................... .................... .................... B .................... B .................... .................... .................... B .................... .................... .................... B .................... B *B .................... .................... .................... .................... .................... .................... *B .................... .................... *B B .................... .................... .................... .................... .................... Fmt 4700 Sfmt 4700 Frm 00015 E:\FR\FM\10JAR1.SGM 10JAR1 1188 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations Required Simulated instrument conditions * [FR Doc. 2018–00225 Filed 1–9–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 135 jstallworth on DSKBBY8HB2PROD with RULES Training device Waiver provisions of § 121.441(d) .................... *B .................... .................... .................... .................... *P .................... .................... .................... * * The FAA is correcting a final rule published on February 21, 2014. In that rule, the FAA amended its regulations to improve safety in helicopter air ambulance and commercial helicopter operations. This document removes an incorrect crossreference and makes corresponding revisions. SUMMARY: Effective January 10, 2018. FOR FURTHER INFORMATION CONTACT: RIN 2120–AJ53 Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Technical Amendment Brian Verna, Aircraft Maintenance Division, Avionics Branch, AFS–360, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1710; email brian.verna@faa.gov. SUPPLEMENTARY INFORMATION: Federal Aviation Administration, DOT. AGENCY: Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 * * Good Cause for Immediate Adoption Without Prior Notice Final rule; technical amendment. ACTION: DATES: [Docket No. FAA–2010–0982; Amdt. No. 135–138] 15:18 Jan 09, 2018 Nonvisual simulator * Issued under the authority of 49 U.S.C. 106(f) and (g) in Washington, DC on January 3, 2018. Lirio Liu, Director, Office of Rulemaking. VerDate Sep<11>2014 Visual simulator .................... (2) The approach must be made to the authorized minimum circling approach attitude followed by a change in heading and the necessary maneuvering by visual reference to maintain a flight path that permits a normal landing on a runway at least 90[degrees] from the final approach course of the simulated instrument portion of the approach. (3) The circling approach must be performed without excessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30[degrees]. If local conditions beyond the control of the pilot prohibit the maneuver or prevent it from being performed as required, it may be waived as provided in § 121.441(d): Provided, however, that the maneuver may not be waived under this provision for two successive proficiency checks. The circling approach maneuver is not required for a second-in-command if the certificate holder’s manual prohibits a second-in-command from performing a circling approach in operations under this part. (e) Missed Approach (1) Each pilot must perform at least one missed approach from an ILS approach ................................ (2) Each pilot in command must perform at least one additional missed approach ............................ A complete approved missed approach procedure must be accomplished at least once. At the discretion of the person conducting a check a simulated powerplant failure may be required during any of the missed approaches. These maneuvers may be performed either independently or in conjunction with maneuvers required under Sections III or V of this appendix. At least one missed approach must be performed in flight. Inflight .................... Maneuvers/procedures * Permitted Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Section 553(d)(3) of the Administrative Procedure Act requires that agencies publish a rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. This document is correcting an error in 14 CFR 135.168. These corrections will not impose any additional E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1186-1188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00225]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No.: FAA-2013-0485; Amdt. No. 121-376B]
RIN 2120-AJ94


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting a final rule published on December 13, 
2016. In that rule, the FAA amended its regulations to allow operators 
to use an enhanced flight vision system (EFVS) in lieu of natural 
vision to continue descending from 100 feet above the touchdown zone 
elevation (TDZE) to the runway and to land on certain straight-in 
instrument approach procedures (IAPs) under instrument flight rules 
(IFR). As part of the final rule, the FAA revised appendix F to part 
121 to provide greater clarity on the checking requirements for EFVS. 
In amending appendix F to part 121, the FAA used amendatory 
instructions that inadvertently misplaced new paragraph III(c)(5). This 
document amends appendix F to part 121 to correct that error.

DATES: Effective January 10, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2016, the FAA published a final rule entitled, 
``Revisions to Operational Requirements for the Use of Enhanced Flight 
Vision Systems (EFVS) and to Pilot Compartment View Requirements for 
Vision Systems.'' \1\ In that final rule, which became effective, in 
part, on March 13, 2017, the FAA created new 14 CFR 91.176 to contain 
the operating rules for EFVS operations to touchdown and rollout and 
for EFVS operations to 100 feet above the TDZE. The FAA also 
established training and recent flight experience requirements for 
persons conducting EFVS operations.\2\
---------------------------------------------------------------------------

    \1\ 81 FR 90126; corrected at 82 FR 2193, January 9, 2017; 
corrected at 82 FR 9677, February 8, 2017.
    \2\ The FAA notes that the training and recent flight experience 
requirements of Sec.  61.66 will become effective on March 13, 2018.
---------------------------------------------------------------------------

    Because part 121 operators authorized to conduct EFVS operations 
were already required to train, check, and qualify their pilots on EFVS 
in accordance with their Operation Specifications, the FAA excepted 
part 121 pilots from the new EFVS recent flight experience 
requirements.\3\ The FAA recognized, however, that the requirement to 
be qualified for EFVS operations by one of the certificate holder's 
check airmen was not as transparent as the requirements to train 
crewmembers on EFVS, which are found within the relevant operating 
rules of 14 CFR. Therefore, the FAA revised appendix F to part 121 to 
provide greater clarity on the checking requirements for EFVS 
operations.
---------------------------------------------------------------------------

    \3\ The EFVS recent flight experience and EFVS refresher 
training requirements are contained in Sec.  61.66(d) and (e). 
Section 61.66(h)(3) states that the requirements of paragraph (d) 
and (e) do not apply to a pilot who is employed by a part 119 
certificate holder authorized to conduct operations under part 121, 
125, or 135 when the pilot is conducting an EFVS operation for that 
certificate holder under part 91, 121, 125, or 135, as applicable, 
provided the pilot conducts the operation in accordance with the 
certificate holder's operations specifications for EFVS operations.
---------------------------------------------------------------------------

    In amending appendix F to part 121, the FAA included amendatory 
instructions to amend the Table by adding new entry III.(c)(5). 
However, because of the undesignated paragraph following paragraph 
III.(c)(4) in appendix F, it was unclear whether new paragraph 
III(c)(5) should be published before or after the undesignated 
paragraph. When the final rule became effective, paragraph III.(c)(5) 
was inadvertently placed after the undesignated paragraph.

Correction

    The FAA did not intend to add paragraph III.(c)(5) after the 
undesignated paragraph preceding paragraph III.(d). Instead, paragraph 
III(c)(5) should immediately follow paragraph III.(c)(4). The FAA is 
therefore revising appendix F to part 121 to relocate paragraph 
III.(c)(5) accordingly.
    Because this amendment results in no substantive change, the FAA 
finds that the notice and public procedures under 5 U.S.C. 553(b) are 
unnecessary. For the same reason, the FAA finds good cause exists under 
5 U.S.C. 553(d)(3) to make the amendments effective in less than 30 
days.

[[Page 1187]]

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

Correcting Amendment

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

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 
89, 44101, 44701-702, 44705, 44709-44711, 44713, 44716-44717, 44722, 
44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 
44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note).

0
2. In appendix F, revise paragraph III. of the table to read as 
follows:

Appendix F to Part 121--Proficiency Check Requirements

* * * * *

----------------------------------------------------------------------------------------------------------------
                                       Required                                  Permitted
                             -----------------------------------------------------------------------------------
                                                                                                       Waiver
    Maneuvers/procedures        Simulated                    Visual       Nonvisual     Training     provisions
                               instrument     Inflight      simulator     simulator      device        of Sec.
                               conditions                                                            121.441(d)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           III. Instrument procedures:
----------------------------------------------------------------------------------------------------------------
(a) Area departure and area             B   ............  ............            B   ............          * B
 arrival. During each of
 these maneuvers the
 applicant must--...........
    (1) Adhere to actual or
     simulated ATC
     clearances (including
     assigned radials); and
    (2) Properly use
     available navigation
     facilities.
    Either area arrival or
     area departure, but not
     both, may be waived
     under Sec.
     121.441(d).
(b) Holding. This maneuver              B   ............  ............            B   ............            B
 includes entering,
 maintaining, and leaving
 holding patterns. It may be
 performed in connection
 with either area departure
 or area arrival............
(c) ILS and other instrument
 approaches. There must be
 the following:
    (1) At least one normal             B   ............            B   ............  ............  ............
     ILS approach...........
    (2) At least one                    B   ............  ............  ............  ............  ............
     manually controlled ILS
     approach with a
     simulated failure of
     one powerplant. The
     simulated failure
     should occur before
     initiating the final
     approach course and
     must continue to
     touchdown or through
     the missed approach
     procedure..............
    (3) At least one                    B   ............            B   ............  ............  ............
     nonprecision approach
     procedure that is
     representative of the
     non-precision approach
     procedures that the
     certificate holder is
     likely to use..........
    (4) Demonstration of at             B   ............  ............  ............            B   ............
     least one nonprecision
     approach procedure on a
     letdown aid other than
     the approach procedure
     performed under
     subparagraph (3) of
     this paragraph that the
     certificate holder is
     approved to use........
    (5) For each type of                B           * B   ............  ............  ............  ............
     EFVS operation the
     certificate holder is
     authorized to conduct,
     at least one instrument
     approach must be made
     using an EFVS. Each
     instrument approach
     must be performed
     according to any
     procedures and
     limitations approved
     for the approach
     facility used. The
     instrument approach
     begins when the
     airplane is over the
     initial approach fix
     for the approach
     procedure being used
     (or turned over to the
     final approach
     controller in the case
     of a GCA approach) and
     ends when the airplane
     touches down on the
     runway or when
     transition to a missed
     approach configuration
     is completed.
     Instrument conditions
     need not be simulated
     below 100' above
     touchdown zone
     elevation..............
    (d) Circling approaches.  ............  ............          * B   ............  ............          * B
     If the certificate
     holder is approved for
     circling minimums below
     1000-3, at least one
     circling approach must
     be made under the
     following conditions...
    (1) The portion of the              B   ............  ............  ............  ............  ............
     approach to the
     authorized minimum
     circling approach
     altitude must be made
     under simulated
     instrument conditions..

[[Page 1188]]

 
    (2) The approach must be
     made to the authorized
     minimum circling
     approach attitude
     followed by a change in
     heading and the
     necessary maneuvering
     by visual reference to
     maintain a flight path
     that permits a normal
     landing on a runway at
     least 90[degrees] from
     the final approach
     course of the simulated
     instrument portion of
     the approach.
    (3) The circling
     approach must be
     performed without
     excessive maneuvering,
     and without exceeding
     the normal operating
     limits of the airplane.
     The angle of bank
     should not exceed
     30[degrees].
If local conditions beyond
 the control of the pilot
 prohibit the maneuver or
 prevent it from being
 performed as required, it
 may be waived as provided
 in Sec.   121.441(d):
 Provided, however, that the
 maneuver may not be waived
 under this provision for
 two successive proficiency
 checks.
The circling approach
 maneuver is not required
 for a second-in-command if
 the certificate holder's
 manual prohibits a second-
 in-command from performing
 a circling approach in
 operations under this part.
(e) Missed Approach
    (1) Each pilot must       ............  ............          * B   ............  ............  ............
     perform at least one
     missed approach from an
     ILS approach...........
    (2) Each pilot in         ............  ............          * P   ............  ............  ............
     command must perform at
     least one additional
     missed approach........
A complete approved missed
 approach procedure must be
 accomplished at least once.
 At the discretion of the
 person conducting a check a
 simulated powerplant
 failure may be required
 during any of the missed
 approaches. These maneuvers
 may be performed either
 independently or in
 conjunction with maneuvers
 required under Sections III
 or V of this appendix. At
 least one missed approach
 must be performed in
 flight.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Issued under the authority of 49 U.S.C. 106(f) and (g) in 
Washington, DC on January 3, 2018.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2018-00225 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-13-P