IFR Operations at Locations Without Weather Reporting, 15332-15336 [2018-07296]
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Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Proposed Rules
Prescription Drug Improvement and
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PART 390—REGULATIONS
TRANSFERRED FROM THE OFFICE OF
THRIFT SUPERVISION
6. The authority citation for part 390
is revised to read as follows:
■
Authority: 12 U.S.C. 1819.
Subpart J—[Removed and Reserved]
■
7. Remove and reserve subpart J.
Dated at Washington, DC, on March 20,
2018.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Valerie Best,
Assistant Executive Secretary.
[FR Doc. 2018–07227 Filed 4–9–18; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No.: FAA–2018–0279; Notice No.
18–01]
RIN 2120–AK94
IFR Operations at Locations Without
Weather Reporting
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
jstallworth on DSKBBY8HB2PROD with PROPOSALS
AGENCY:
The proposed rule would
allow helicopter air ambulance (HAA)
operators to conduct instrument flight
rules (IFR) departure and approach
SUMMARY:
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procedures at airports and heliports that
do not have an approved weather
reporting source in HAA aircraft
without functioning severe weather
detection equipment (airborne radar or
lightning strike detection equipment),
when there is no reasonable expectation
of severe weather at the destination, the
alternate, or along the route of flight.
This rule would also update
requirements to address the
discontinuance of area forecasts,
currently used as flight planning and
pilot weather briefing aids.
Additionally, this rulemaking proposes
to update requirements regarding HAA
departure procedures to include
additional types of departure
procedures that are currently acceptable
for use.
DATES: Send comments on or before
May 10, 2018.
ADDRESSES: Send comments identified
by docket number FAA–2018–0279
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tom
Luipersbeck, Air Transportation
Division, 135 Air Carrier Operations
Branch, Federal Aviation
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Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone 202–267–8166; email:
Thomas.A.Luipersbeck@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rulemaking would amend 14
CFR 135.611(b) to allow helicopter air
ambulance (HAA) operators using
aircraft without functioning severe
weather detection equipment (airborne
radar or lightning strike detection
equipment), to conduct IFR departure
and approach procedures at airports and
heliports that do not have an approved
weather reporting source. In conducting
these operations, the pilot in command
must not reasonably expect to encounter
severe weather at the destination, the
alternate, or along the route of flight.
This action would encourage utilization
of the IFR infrastructure to the fullest
extent possible, thus increasing the
overall safety of HAA Operations.
This rulemaking also proposes to
update certain provisions in
§ 135.611(a)(1) to address the
discontinuance of area forecasts,
currently used as flight planning and
pilot weather briefing aids, and the
transition to digital and graphical
alternatives already being produced by
the U.S. National Weather Service
(NWS). Additionally, this rulemaking
proposes to update requirements in
§ 135.611(a)(3) regarding HAA departure
procedures to include additional types
of departure procedures that are
currently acceptable for use.
II. Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code. This rulemaking is
promulgated under the general authority
described in 49 U.S.C. 106(f), 44701(a),
and 44730.
III. Background
Section 135.611 contains provisions
to allow certificate holders to conduct
HAA IFR operations at airports with an
instrument approach procedure and at
which a weather report is not available
from the NWS, a source approved by the
NWS, or a source approved by the FAA.
Each aircraft operated under § 135.611
must be equipped with functioning
equipment to detect severe weather,
even when weather reports and
forecasts indicate no foreseeable severe
weather conditions will exist along the
route to be flown.
A. Statement of the Problem
Section 135.611(b) unnecessarily
limits the ability of certain HAA
operators to conduct IFR departure and
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jstallworth on DSKBBY8HB2PROD with PROPOSALS
approach procedures at airports and
heliports that do not have an approved
weather reporting source. The current
limitations inadvertently restrict HAA
operations conducted when no severe
weather is present at the airport or along
the route, by requiring all HAA operated
under § 135.611 be equipped with
functioning severe weather detection
equipment. The FAA has determined
this requirement is too broad, because a
pilot in command can discern whether
severe weather at the destination, the
alternate airport, or along the route, will
exist. The proposed amendment will
allow pilots to conduct operations if
current weather reports indicate
thunderstorms or other hazardous
weather is not expected during the
flight.
The FAA intends for the proposed
amendment to § 135.611 to encourage
IFR operations and result in more
aircraft operating in positively
controlled environments, thereby
increasing the safety of HAA operations.
Altering the requirements of
§ 135.611(b) will increase the frequency
of IFR operations, thereby minimizing
pilots’ operations under visual flight
rules (VFR) in marginal visual
meteorological conditions. The
proposed amendment would provide
greater opportunity for HAA operations
to enter the National Airspace System
(NAS) under IFR than previously
permitted.
B. Exemption History
Since the requirement in § 135.611(b)
was established (79 FR 43622, July 28,
2014), nine HAA certificate holders
have petitioned for exemptions to
§ 135.611(b) to allow them to operate
without functioning severe weather
detection equipment when severe
weather conditions are not reasonably
expected along the route to be flown.1
In such circumstances, the FAA has
issued exemptions to HAA operators
that have allowed the safe conduct of
IFR departure and approach procedures
at airports and heliports that do not
have an approved weather reporting
source in HAA aircraft without
functioning severe weather detection
equipment (airborne radar or lightning
strike detection equipment).
The FAA found that the first petition,
which granted the same relief as that
provided in this proposed rulemaking,
would set a precedent. Therefore, to
allow for the public to comment on the
petition, a summary of the petition was
1 See the following FAA grants of petitions for
exemption: Docket Nos. FAA–2016–5575, FAA–
2016–5028, FAA–2015–3934, FAA–2015–3854,
FAA–2015–3740, FAA–2015–2696, FAA–2015–
2694, FAA–2015–1868, and FAA–2015–1867.
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published in the Federal Register on
June 15, 2015 (80 FR 34195). No
comments were received.
IV. Discussion of the Proposal
A. Modification of Requirement for
Severe Weather Detection Equipment
Existing § 135.611 permits HAA
certificate holders to conduct helicopter
IFR operations at airports with an
instrument approach procedure and at
which a weather report is not available
from the NWS, a source approved by the
NWS, or a source approved by the FAA.
Each HAA aircraft operated under
existing § 135.611 must be equipped
with functioning equipment to detect
severe weather, even when weather
reports and forecasts indicate no
foreseeable severe weather conditions
will exist along the route to be flown.
The FAA’s initial intent of requiring
severe weather detection equipment was
to help the pilot ascertain the weather
in the aircraft’s vicinity (75 FR 62640,
62650 (October 12, 2010)) and thus
mitigate the risk of inadvertently
encountering instrument meteorological
conditions (IMC). The agency has
reconsidered this requirement and
determined it is overly broad, because it
applies even in circumstances in which
the pilot does not reasonably expect to
encounter severe weather along the
route or at the destination airport.
Further, existing training on
meteorology to ensure a practical
knowledge of weather phenomena,
including the principles of frontal
systems, icing, fog, thunderstorms,
meteorology hazards applicable to the
certificate holder’s areas of operation,
adverse weather avoidance practices,
and weather planning are all currently
part of required training program
curriculum segments for HAA
operations. This training, together with
the pre-flight risk analysis required in
§ 135.617, provide the pilot in command
with the tools by which to ascertain
whether severe weather may reasonably
exist along the route of a flight or at the
destination airport. Pre-flight risk
analysis and training designed
specifically for HAA operations
function to verify the pilot in command
can adequately analyze departure, en
route, destination and forecasted
weather. The continued existence of
these requirements verifies a pilot in
command does not need severe weather
detection equipment when he or she
does not reasonably expect to encounter
severe weather.
Pilots’ determinations concerning the
potential for encountering severe
weather conditions will result from the
routine flight planning they complete
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prior to operating any aircraft.2 Prior to
the first leg of each HAA operation, the
pilot in command must conduct a
preflight risk analysis pursuant to
§ 135.617 to ensure awareness of
departure, en route, destination, and
forecasted weather. The risk analysis
also includes determining whether
another HAA operator has rejected a
flight request based on the presence of
any severe weather or dangerous
meteorological phenomena. Overall, the
pilot in command will use the
knowledge and skills he or she
maintains pursuant to the provisions of
part subpart L of part 135 in
determining the likelihood of
encountering severe weather.
By eliminating the § 135.611(b)
requirement for each HAA aircraft to be
equipped with severe weather detection
equipment when there is no forecast of
severe weather, the proposed
amendment would allow more HAA
operators to conduct IFR departure and
approach procedures at airports and
heliports that do not have an approved
weather reporting source. This proposed
amendment would encourage utilization
of the IFR infrastructure to the fullest
extent possible by allowing more
operators to use the IFR infrastructure,
thereby avoiding the potential for
controlled flight into terrain accidents
during flights conducted under marginal
visual flight rules conditions. This
action would also increase the
opportunity for access to critical care
patient flights when weather conditions
are below those required for VFR
operation, but do not involve the
potential for severe weather.
The FAA emphasizes, however, that if
a reasonable expectation of severe
weather exists during the flight and in
the vicinity of the planned route, the
helicopter must be equipped with
operable severe weather detection
equipment or the flight must be
declined or aborted.
B. Updated Requirements
As noted previously, this rulemaking
also proposes to update certain other
provisions of § 135.611, specifically
§ 135.611(a)(1) regarding area forecasts
and § 135.611(a)(3) regarding departure
procedures.
2 The FAA provides various resources to which
pilots may refer in conducting risk analyses to
prepare for flight. See, e.g., Instrument Procedures
Handbook, FAA–H–8083–16B (Sept. 14, 2017);
Aviation Weather, FAA Advisory Circular 00–6B
(Aug. 23, 2016); Pilot’s Handbook of Aeronautical
Knowledge, FAA–H–8083–25B (2016); Rotorcraft
Flying Handbook, FAA–H–8083–21 (2000).
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Area Forecasts
The FAA, in coordination with the
NWS, expects to discontinue Area
Forecasts, currently used as flight
planning and pilot weather briefing aids
and transition to digital and graphical
alternatives already being produced by
NWS.3 While the Area Forecast met
aviation weather information needs for
many years, today the NWS provides
equivalent information through a
number of better alternatives.4 In order
to address this future transition, this
rulemaking proposes to update the
wording of § 135.611(a)(1) from ‘‘area
forecast’’ to ‘‘weather reports, forecasts,
or any combination of them.’’
Departure Procedures
This rulemaking proposes to update
requirements in § 135.611 regarding
HAA departure procedures (DP) to
include additional types of DP that are
currently acceptable for use. A DP is
required in order to depart an airport in
weather conditions less than VFR.
Several types of DPs, however, exist in
addition to an obstacle departure
procedure cited in the current
regulation, such as a diverse departure
or standard instrument departure. Based
on an evaluation of these departure
procedures, FAA has determined that
any of these DPs may be appropriate
and safe because of ensured obstacle
clearance and flyability (when used
appropriate to the location). In this
rulemaking, the FAA proposes to update
the wording in § 135.611(a)(3) from ‘‘the
published Obstacle Departure
Procedure’’ to ‘‘a published Departure
Procedure.’’
V. Regulatory Notices and Analyses
jstallworth on DSKBBY8HB2PROD with PROPOSALS
A. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
3 Aviation Weather Product Change: Transition of
Select Area Forecasts (FAs) to Digital and Graphical
Alternatives, 79 FR 35211 (June 19, 2014). In the
Notice, the FAA recommended that NWS transition
six FAs covering separate geographical areas of the
contiguous United States and one area forecast
covering Hawaii to digital and graphical
alternatives already being produced by NWS. The
seven area forecasts affected by this transition
included FAUS41 (BOS), FAUS42 (MIA), FAUS43
(CHI), FAUS44 (DFW), FAUS45 (SLC), FAUS46
(SFO), and FAHW31 (Hawaii).
4 See id.
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impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this Notice of
Proposed Rulemaking. Department of
Transportation Order DOT 2100.5
prescribes policies and procedures for
simplification, analysis, and review of
regulations. If the expected cost impact
is so minimal that a proposed or final
rule does not warrant a full evaluation,
this order permits that a statement to
that effect and the basis for it to be
included in the preamble if a full
regulatory evaluation of the cost and
benefits is not prepared. Such a
determination has been made for this
rule.
The FAA determined that this action
will likely result in regulatory cost
savings. Without this rule there will
remain in place unnecessary limits on
certain helicopter air ambulance (HAA)
operations. These limits effectively
reduce the number of HAA operations
without improving aviation safety. The
FAA has been granting exemptions to
HAA operators who asked for relief
from these limitations and the FAA
expects these requests to continue. This
change will relieve HAA operators and
the FAA of those procedural costs
estimated to be $1,500/exemption. This
rule would have eliminated the expense
of nine petitions for exemption that the
FAA granted.5 The FAA has, therefore,
determined that this rule has costsavings, has minimal impact, is not a
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866, and is not ‘‘significant’’ as
5 See the following FAA grants of petitions for
exemption: Docket Nos. FAA–2016–5575, FAA–
2016–5028, FAA–2015–3934, FAA–2015–3854,
FAA–2015–3740, FAA–2015–2696, FAA–2015–
2694, FAA–2015–1868, and FAA–2015–1867. The
FAA subsequently granted six petitions to extend
the effective dates of the exemptions.
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defined in DOT’s Regulatory Policies
and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation. To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions. Agencies
must perform a review to determine
whether a rule will have a significant
economic impact on a substantial
number of small entities. If the agency
determines that it will, the agency must
prepare a regulatory flexibility analysis
as described in the RFA. However, if an
agency determines that a rule is not
expected to have a significant economic
impact on a substantial number of small
entities, section 605(b) of the RFA
provides that the head of the agency
may so certify and a regulatory
flexibility analysis is not required. The
certification must include a statement
providing the factual basis for this
determination, and the reasoning should
be clear. As this rule removes an
unnecessary limitation on the operation
of HAA without reducing aviation
safety, it will relieve HAA operators of
the costs associated with installing
unnecessary equipment. Given the
demographics on HAA operators, this
rule will likely impact a substantial
number of small entities. However, it
will have a minimal economic impact.
Therefore, the head of the agency
certifies the rule is not expected to have
a significant economic impact on a
substantial number of small entities.
C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
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States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this rule and
determined that the rule will have the
same impact on international and
domestic flights and is a safety rule thus
is consistent with the Trade Agreements
Act.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of $155
million in lieu of $100 million. This
rule does not contain such a mandate;
therefore, the requirements of Title II of
the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. The
FAA has determined that there is no
new requirement for information
collection associated with this proposed
rule.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
F. International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has determined that there are no ICAO
Standards and Recommended Practices
that correspond to these proposed
regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
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categorical exclusion identified in
paragraph 5–6.6 and involves no
extraordinary circumstances.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that this action
would not have a substantial direct
effect on the States, or the relationship
between the Federal Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, and,
therefore, would not have Federalism
implications.
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
C. Executive Order 13609, International
Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
D. Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs
This proposed rule is expected to be
an E.O. 13771 deregulatory action.
Details on the estimated cost savings of
this proposed rule can be found in the
Regulatory Evaluation section, above.
VII. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
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impacts that might result from adopting
the proposals in this document. The
most helpful comments reference a
specific portion of the proposal, explain
the reason for any recommended
change, and include supporting data. To
ensure the docket does not contain
duplicate comments, commenters
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
change this proposal in light of the
comments it receives.
B. Availability of Rulemaking
Documents
An electronic copy of rulemaking
documents may be obtained from the
internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visiting the FAA’s Regulations and
Policies web page at https://
www.faa.gov/regulations_policies or
3. Accessing the Government
Publishing Office’s web page at https://
www.gpo.gov/fdsys/.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the internet through the Federal
eRulemaking Portal referenced in item
(1) above.
List of Subjects in 14 CFR Part 135
Air Transportation, Aircraft, Aviation
safety.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of title 14,
Code of Federal Regulations as follows:
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PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0604; A–1–FRL–
9976–36—Region 1]
1. The authority citation for part 135
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 41706,
40113, 44701–44702, 44705, 44709, 44711–
44713, 44715–44717, 44722, 44730, 45101–
45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C.
44730).
2. Amend § 135.611 by revising
paragraphs (a)(1), (a)(3) and (b) to read
as follows:
■
§ 135.611 IFR operations at locations
without weather reporting.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
(a) * * *
(1) The certificate holder must obtain
a weather report from a weather
reporting facility operated by the NWS,
a source approved by the NWS, or a
source approved by the FAA, that is
located within 15 nautical miles of the
airport. If a weather report is not
available, the certificate holder may
obtain weather reports, forecasts, or any
combination of them from the NWS, a
source approved by the NWS, or a
source approved by the FAA, for
information regarding the weather
observed in the vicinity of the airport;
*
*
*
*
*
(3) In Class G airspace, IFR departures
with visual transitions are authorized
only after the pilot in command
determines that the weather conditions
at the departure point are at or above
takeoff minimums depicted in a
published Departure Procedure or VFR
minimum ceilings and visibilities in
accordance with § 135.609.
*
*
*
*
*
(b) Each helicopter air ambulance
operated under this section must be
equipped with functioning severe
weather detection equipment, unless the
pilot in command reasonably
determines severe weather will not be
encountered at the destination, the
alternate, or along the route of flight.
*
*
*
*
*
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44730 in
Washington, DC, on April 3, 2018.
John S. Duncan,
Executive Director, Flight Standards Service.
[FR Doc. 2018–07296 Filed 4–9–18; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
14:55 Apr 09, 2018
Jkt 244001
Air Plan Approval; Vermont;
Infrastructure Requirement for the
2010 Sulfur Dioxide National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the remaining portion of a November 2,
2015 State Implementation Plan (SIP)
revision submitted by the State of
Vermont. This revision addresses the
interstate transport requirements of the
Clean Air Act (CAA), referred to as the
good neighbor provision, with respect to
the primary 2010 sulfur dioxide (SO2)
national ambient air quality standard
(NAAQS). This action proposes to
approve Vermont’s demonstration that
the State is meeting its obligations
regarding the transport of SO2 emissions
into other states. This action is being
taken under the Clean Air Act.
DATES: Written comments must be
received on or before May 10, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2014–0604 at
www.regulations.gov, or via email to
dahl.donald@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
www.epa.gov/dockets/commenting-epadockets. Publicly available docket
materials are available at
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109—3912,
tel. (617) 918–1657; or by email at
dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. The following outline is provided
to aid in locating information in this
preamble.
Table of Contents
I. Background
II. State Submittal
III. Summary of the Proposed Action
IV. Section 110(A)(2)(D)(i)(I)—Interstate
Transport
A. General Requirements and Historical
Approaches for Criteria Pollutants
B. Approach for Addressing the Interstate
Transport Requirements of the 2010
Primary SO2 NAAQS in Vermont
V. Interstate Transport Demonstration for SO2
Emissions
A. Prong 1 Analysis—Significant
Contribution to SO2 Nonattainment
1. Impact on the Central New Hampshire
Nonattainment Area
2. SO2 Emissions Trends
3. SO2 Ambient Air Quality
4. Federally Enforceable Regulations
Specific to SO2 and Permitting
Requirements
5. Conclusion
B. Prong 2 Analysis—Interference With
Maintenance of the NAAQS
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background
On June 22, 2010 (75 FR 35520), EPA
promulgated a revised primary NAAQS
for SO2 at a level of 75 ppb, based on
a 3-year average of the annual 99th
percentile of 1-hour daily maximum
concentrations. Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIPs meeting the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
E:\FR\FM\10APP1.SGM
10APP1
]]>Agencies
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Proposed Rules]
[Pages 15332-15336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07296]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No.: FAA-2018-0279; Notice No. 18-01]
RIN 2120-AK94
IFR Operations at Locations Without Weather Reporting
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The proposed rule would allow helicopter air ambulance (HAA)
operators to conduct instrument flight rules (IFR) departure and
approach procedures at airports and heliports that do not have an
approved weather reporting source in HAA aircraft without functioning
severe weather detection equipment (airborne radar or lightning strike
detection equipment), when there is no reasonable expectation of severe
weather at the destination, the alternate, or along the route of
flight. This rule would also update requirements to address the
discontinuance of area forecasts, currently used as flight planning and
pilot weather briefing aids. Additionally, this rulemaking proposes to
update requirements regarding HAA departure procedures to include
additional types of departure procedures that are currently acceptable
for use.
DATES: Send comments on or before May 10, 2018.
ADDRESSES: Send comments identified by docket number FAA-2018-0279
using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tom Luipersbeck, Air Transportation
Division, 135 Air Carrier Operations Branch, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone 202-267-8166; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rulemaking would amend 14 CFR 135.611(b) to allow helicopter
air ambulance (HAA) operators using aircraft without functioning severe
weather detection equipment (airborne radar or lightning strike
detection equipment), to conduct IFR departure and approach procedures
at airports and heliports that do not have an approved weather
reporting source. In conducting these operations, the pilot in command
must not reasonably expect to encounter severe weather at the
destination, the alternate, or along the route of flight. This action
would encourage utilization of the IFR infrastructure to the fullest
extent possible, thus increasing the overall safety of HAA Operations.
This rulemaking also proposes to update certain provisions in Sec.
135.611(a)(1) to address the discontinuance of area forecasts,
currently used as flight planning and pilot weather briefing aids, and
the transition to digital and graphical alternatives already being
produced by the U.S. National Weather Service (NWS). Additionally, this
rulemaking proposes to update requirements in Sec. 135.611(a)(3)
regarding HAA departure procedures to include additional types of
departure procedures that are currently acceptable for use.
II. Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. This rulemaking is promulgated
under the general authority described in 49 U.S.C. 106(f), 44701(a),
and 44730.
III. Background
Section 135.611 contains provisions to allow certificate holders to
conduct HAA IFR operations at airports with an instrument approach
procedure and at which a weather report is not available from the NWS,
a source approved by the NWS, or a source approved by the FAA. Each
aircraft operated under Sec. 135.611 must be equipped with functioning
equipment to detect severe weather, even when weather reports and
forecasts indicate no foreseeable severe weather conditions will exist
along the route to be flown.
A. Statement of the Problem
Section 135.611(b) unnecessarily limits the ability of certain HAA
operators to conduct IFR departure and
[[Page 15333]]
approach procedures at airports and heliports that do not have an
approved weather reporting source. The current limitations
inadvertently restrict HAA operations conducted when no severe weather
is present at the airport or along the route, by requiring all HAA
operated under Sec. 135.611 be equipped with functioning severe
weather detection equipment. The FAA has determined this requirement is
too broad, because a pilot in command can discern whether severe
weather at the destination, the alternate airport, or along the route,
will exist. The proposed amendment will allow pilots to conduct
operations if current weather reports indicate thunderstorms or other
hazardous weather is not expected during the flight.
The FAA intends for the proposed amendment to Sec. 135.611 to
encourage IFR operations and result in more aircraft operating in
positively controlled environments, thereby increasing the safety of
HAA operations. Altering the requirements of Sec. 135.611(b) will
increase the frequency of IFR operations, thereby minimizing pilots'
operations under visual flight rules (VFR) in marginal visual
meteorological conditions. The proposed amendment would provide greater
opportunity for HAA operations to enter the National Airspace System
(NAS) under IFR than previously permitted.
B. Exemption History
Since the requirement in Sec. 135.611(b) was established (79 FR
43622, July 28, 2014), nine HAA certificate holders have petitioned for
exemptions to Sec. 135.611(b) to allow them to operate without
functioning severe weather detection equipment when severe weather
conditions are not reasonably expected along the route to be flown.\1\
In such circumstances, the FAA has issued exemptions to HAA operators
that have allowed the safe conduct of IFR departure and approach
procedures at airports and heliports that do not have an approved
weather reporting source in HAA aircraft without functioning severe
weather detection equipment (airborne radar or lightning strike
detection equipment).
---------------------------------------------------------------------------
\1\ See the following FAA grants of petitions for exemption:
Docket Nos. FAA-2016-5575, FAA-2016-5028, FAA-2015-3934, FAA-2015-
3854, FAA-2015-3740, FAA-2015-2696, FAA-2015-2694, FAA-2015-1868,
and FAA-2015-1867.
---------------------------------------------------------------------------
The FAA found that the first petition, which granted the same
relief as that provided in this proposed rulemaking, would set a
precedent. Therefore, to allow for the public to comment on the
petition, a summary of the petition was published in the Federal
Register on June 15, 2015 (80 FR 34195). No comments were received.
IV. Discussion of the Proposal
A. Modification of Requirement for Severe Weather Detection Equipment
Existing Sec. 135.611 permits HAA certificate holders to conduct
helicopter IFR operations at airports with an instrument approach
procedure and at which a weather report is not available from the NWS,
a source approved by the NWS, or a source approved by the FAA. Each HAA
aircraft operated under existing Sec. 135.611 must be equipped with
functioning equipment to detect severe weather, even when weather
reports and forecasts indicate no foreseeable severe weather conditions
will exist along the route to be flown.
The FAA's initial intent of requiring severe weather detection
equipment was to help the pilot ascertain the weather in the aircraft's
vicinity (75 FR 62640, 62650 (October 12, 2010)) and thus mitigate the
risk of inadvertently encountering instrument meteorological conditions
(IMC). The agency has reconsidered this requirement and determined it
is overly broad, because it applies even in circumstances in which the
pilot does not reasonably expect to encounter severe weather along the
route or at the destination airport. Further, existing training on
meteorology to ensure a practical knowledge of weather phenomena,
including the principles of frontal systems, icing, fog, thunderstorms,
meteorology hazards applicable to the certificate holder's areas of
operation, adverse weather avoidance practices, and weather planning
are all currently part of required training program curriculum segments
for HAA operations. This training, together with the pre-flight risk
analysis required in Sec. 135.617, provide the pilot in command with
the tools by which to ascertain whether severe weather may reasonably
exist along the route of a flight or at the destination airport. Pre-
flight risk analysis and training designed specifically for HAA
operations function to verify the pilot in command can adequately
analyze departure, en route, destination and forecasted weather. The
continued existence of these requirements verifies a pilot in command
does not need severe weather detection equipment when he or she does
not reasonably expect to encounter severe weather.
Pilots' determinations concerning the potential for encountering
severe weather conditions will result from the routine flight planning
they complete prior to operating any aircraft.\2\ Prior to the first
leg of each HAA operation, the pilot in command must conduct a
preflight risk analysis pursuant to Sec. 135.617 to ensure awareness
of departure, en route, destination, and forecasted weather. The risk
analysis also includes determining whether another HAA operator has
rejected a flight request based on the presence of any severe weather
or dangerous meteorological phenomena. Overall, the pilot in command
will use the knowledge and skills he or she maintains pursuant to the
provisions of part subpart L of part 135 in determining the likelihood
of encountering severe weather.
---------------------------------------------------------------------------
\2\ The FAA provides various resources to which pilots may refer
in conducting risk analyses to prepare for flight. See, e.g.,
Instrument Procedures Handbook, FAA-H-8083-16B (Sept. 14, 2017);
Aviation Weather, FAA Advisory Circular 00-6B (Aug. 23, 2016);
Pilot's Handbook of Aeronautical Knowledge, FAA-H-8083-25B (2016);
Rotorcraft Flying Handbook, FAA-H-8083-21 (2000).
---------------------------------------------------------------------------
By eliminating the Sec. 135.611(b) requirement for each HAA
aircraft to be equipped with severe weather detection equipment when
there is no forecast of severe weather, the proposed amendment would
allow more HAA operators to conduct IFR departure and approach
procedures at airports and heliports that do not have an approved
weather reporting source. This proposed amendment would encourage
utilization of the IFR infrastructure to the fullest extent possible by
allowing more operators to use the IFR infrastructure, thereby avoiding
the potential for controlled flight into terrain accidents during
flights conducted under marginal visual flight rules conditions. This
action would also increase the opportunity for access to critical care
patient flights when weather conditions are below those required for
VFR operation, but do not involve the potential for severe weather.
The FAA emphasizes, however, that if a reasonable expectation of
severe weather exists during the flight and in the vicinity of the
planned route, the helicopter must be equipped with operable severe
weather detection equipment or the flight must be declined or aborted.
B. Updated Requirements
As noted previously, this rulemaking also proposes to update
certain other provisions of Sec. 135.611, specifically Sec.
135.611(a)(1) regarding area forecasts and Sec. 135.611(a)(3)
regarding departure procedures.
[[Page 15334]]
Area Forecasts
The FAA, in coordination with the NWS, expects to discontinue Area
Forecasts, currently used as flight planning and pilot weather briefing
aids and transition to digital and graphical alternatives already being
produced by NWS.\3\ While the Area Forecast met aviation weather
information needs for many years, today the NWS provides equivalent
information through a number of better alternatives.\4\ In order to
address this future transition, this rulemaking proposes to update the
wording of Sec. 135.611(a)(1) from ``area forecast'' to ``weather
reports, forecasts, or any combination of them.''
---------------------------------------------------------------------------
\3\ Aviation Weather Product Change: Transition of Select Area
Forecasts (FAs) to Digital and Graphical Alternatives, 79 FR 35211
(June 19, 2014). In the Notice, the FAA recommended that NWS
transition six FAs covering separate geographical areas of the
contiguous United States and one area forecast covering Hawaii to
digital and graphical alternatives already being produced by NWS.
The seven area forecasts affected by this transition included FAUS41
(BOS), FAUS42 (MIA), FAUS43 (CHI), FAUS44 (DFW), FAUS45 (SLC),
FAUS46 (SFO), and FAHW31 (Hawaii).
\4\ See id.
---------------------------------------------------------------------------
Departure Procedures
This rulemaking proposes to update requirements in Sec. 135.611
regarding HAA departure procedures (DP) to include additional types of
DP that are currently acceptable for use. A DP is required in order to
depart an airport in weather conditions less than VFR. Several types of
DPs, however, exist in addition to an obstacle departure procedure
cited in the current regulation, such as a diverse departure or
standard instrument departure. Based on an evaluation of these
departure procedures, FAA has determined that any of these DPs may be
appropriate and safe because of ensured obstacle clearance and
flyability (when used appropriate to the location). In this rulemaking,
the FAA proposes to update the wording in Sec. 135.611(a)(3) from
``the published Obstacle Departure Procedure'' to ``a published
Departure Procedure.''
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this Notice of Proposed Rulemaking.
Department of Transportation Order DOT 2100.5 prescribes policies and
procedures for simplification, analysis, and review of regulations. If
the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this rule.
The FAA determined that this action will likely result in
regulatory cost savings. Without this rule there will remain in place
unnecessary limits on certain helicopter air ambulance (HAA)
operations. These limits effectively reduce the number of HAA
operations without improving aviation safety. The FAA has been granting
exemptions to HAA operators who asked for relief from these limitations
and the FAA expects these requests to continue. This change will
relieve HAA operators and the FAA of those procedural costs estimated
to be $1,500/exemption. This rule would have eliminated the expense of
nine petitions for exemption that the FAA granted.\5\ The FAA has,
therefore, determined that this rule has cost-savings, has minimal
impact, is not a ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866, and is not ``significant'' as
defined in DOT's Regulatory Policies and Procedures.
---------------------------------------------------------------------------
\5\ See the following FAA grants of petitions for exemption:
Docket Nos. FAA-2016-5575, FAA-2016-5028, FAA-2015-3934, FAA-2015-
3854, FAA-2015-3740, FAA-2015-2696, FAA-2015-2694, FAA-2015-1868,
and FAA-2015-1867. The FAA subsequently granted six petitions to
extend the effective dates of the exemptions.
---------------------------------------------------------------------------
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions. Agencies must perform a review to determine
whether a rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA. However, if an agency determines that a rule is not expected
to have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear. As this rule removes an unnecessary limitation on the operation
of HAA without reducing aviation safety, it will relieve HAA operators
of the costs associated with installing unnecessary equipment. Given
the demographics on HAA operators, this rule will likely impact a
substantial number of small entities. However, it will have a minimal
economic impact. Therefore, the head of the agency certifies the rule
is not expected to have a significant economic impact on a substantial
number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United
[[Page 15335]]
States, so long as the standard has a legitimate domestic objective,
such as the protection of safety, and does not operate in a manner that
excludes imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this rule and determined that the rule will have
the same impact on international and domestic flights and is a safety
rule thus is consistent with the Trade Agreements Act.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this proposed rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, International Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
This proposed rule is expected to be an E.O. 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the Regulatory Evaluation section, above.
VII. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
internet by--
1. Searching the Federal eRulemaking Portal (https://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies or
3. Accessing the Government Publishing Office's web page at https://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.
List of Subjects in 14 CFR Part 135
Air Transportation, Aircraft, Aviation safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
[[Page 15336]]
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
1. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
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2. Amend Sec. 135.611 by revising paragraphs (a)(1), (a)(3) and (b) to
read as follows:
Sec. 135.611 IFR operations at locations without weather reporting.
(a) * * *
(1) The certificate holder must obtain a weather report from a
weather reporting facility operated by the NWS, a source approved by
the NWS, or a source approved by the FAA, that is located within 15
nautical miles of the airport. If a weather report is not available,
the certificate holder may obtain weather reports, forecasts, or any
combination of them from the NWS, a source approved by the NWS, or a
source approved by the FAA, for information regarding the weather
observed in the vicinity of the airport;
* * * * *
(3) In Class G airspace, IFR departures with visual transitions are
authorized only after the pilot in command determines that the weather
conditions at the departure point are at or above takeoff minimums
depicted in a published Departure Procedure or VFR minimum ceilings and
visibilities in accordance with Sec. 135.609.
* * * * *
(b) Each helicopter air ambulance operated under this section must
be equipped with functioning severe weather detection equipment, unless
the pilot in command reasonably determines severe weather will not be
encountered at the destination, the alternate, or along the route of
flight.
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44730 in Washington, DC, on April 3, 2018.
John S. Duncan,
Executive Director, Flight Standards Service.
[FR Doc. 2018-07296 Filed 4-9-18; 8:45 am]
BILLING CODE 4910-13-P
