[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Proposed Rules]
[Pages 6802-6813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3265]



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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 1, 91, 121, et al.



Enhanced Flight Vision Systems; Proposed Rule

  Federal Register / Vol. 68, No. 27 / Monday, February 10, 2003 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 91, 121, 125, and 135

[Docket No. FAA-2003-14449; Notice No. 03-03]
RIN 2120-AH78


Enhanced Flight Vision Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA is proposing to revise its regulations for takeoff and 
landing under instrument flight rules (IFR) to allow for the use of 
FAA-certified enhanced flight vision systems (EFVS) that would enable 
the pilot to meet enhanced flight visibility requirements. The action 
would allow the use of new technology. This NPRM also contains proposed 
EFVS-related changes to the FAA's previously published Area Navigation 
(RNAV) NPRM, which was published on December 17, 2002.

DATES: Send your comments on or before March 27, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2003-14449 at the beginning of your comments, and you should submit two 
copies. If you wish to receive confirmation that the FAA has received 
your comments, include a self-addressed, stamped postcard on which the 
docket number appears.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the Nassif Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Les Smith, Flight Technologies and 
Procedures Division, Flight Standards Service, AFS-400, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591; telephone: (202) 385-4586.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The FAA also 
invites comments on 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. The FAA asks that you send two copies of written comments.
    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. The docket is available 
for public inspection before and after the comment closing date. If you 
wish to review the docket in person, go to the address in the ADDRESSES 
section of this preamble between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. You may also review the docket using 
the Internet at the web address in the ADDRESSES section.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2002 (65 FR 19477-19478) or you may visit http://dms.dot.gov.
    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 late if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of comments.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. The FAA will stamp the date on the 
postcard and mail it to you.

Availability of Rulemaking Documents

    You can get an electronic copy of this document using the Internet 
by:
    (1) Searching the Department of Transportation's electronic Docket 
Magement System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/armhome.htm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling 202-267-9680. Be sure 
to identify the docket number, or notice number with amendment number, 
of this rulemaking.

List of Abbreviations Used in This Document

APV--Approach procedure with vertical guidance
ASR--Airport surveillance radar
DA--Decision altitude
DH--Decision height
EFVS--Enhanced flight vision system
HUD--Head-up display
IFR--Instrument flight rules
ILS--Instrument landing system
MDA--Minimum descent altitude
PAR--Precision approach radar
RNAV--Area navigation

Background

    Section 91.175 of 14 CFR prescribes flight visibility requirements 
when operating under instrument flight rules (IFR) using natural 
vision, to identify the approach lights and runway environment. These 
procedures were developed and improved over the years to provide for a 
high level of safety when operating an aircraft during reduced 
visibility conditions; however the current rules on instrument approach 
procedures do not allow for the use of new technologies such as 
enhanced flight vision systems (EFVS), which use imaging-sensor 
technology that provides a real-time image of the external topography, 
or synthetic vision systems, which uses a database computer-generated 
image of the external topography. Nor do the present rules define new 
terms such as ``enhanced flight visibility'' or ``synthetic vision'' as 
they relate to flight operations.
    EFVS--As mentioned above, an EFVS uses imaging-sensor technologies 
that provide a real-time visual image of the external scene topography. 
During some reduced visibility conditions, an EFVS can display imagery 
that may significantly improve the pilot's capability to detect 
objects, such as approach lights and visual references of the runway 
environment, that may not otherwise be visible. This type of technology 
would be allowed (but not required) under this NPRM.
    Synthetic vision--By contrast, a synthetic vision image is a 
computer-generated image of the external scene topography from the 
perspective of the

[[Page 6803]]

flight deck that is derived from aircraft attitude, high-precision 
navigation solution, database of terrain, obstacles, and relevant 
cultural features. A synthetic vision system is an electronic means to 
display a synthetic vision image of the external scene topography to 
the flight crew. This NPRM would not provide for the use of this type 
of technology in the regulations; however, the FAA wishes to 
distinguish it from EFVS to be clear that synthetic vision systems are 
not being proposed as a means to comply with its flight visibility 
regulations.
    Flight visibility-- Section 1.1 of 14 CFR defines the term ``flight 
visibility'' as ``* * * the average forward horizontal distance, from 
the cockpit of an aircraft in flight, at which prominent unlighted 
objects may be seen and identified by day and prominent lighted objects 
may be seen and identified by night.'' Present rules do not allow the 
use of an EFVS to determine flight visibility as defined in the FAA's 
regulations. The proposed rule would allow for the use of an EFVS to 
determine ``enhanced flight visibility,'' and would permit descent and 
operation below decision height (DH), decision altitude (DA), or 
minimum descent altitude (MDA) based on the pilot's observation of 
images when using an EFVS.
    Section 91.175(c) and (d)--Section 91.175(c) and (d) of 14 CFR 
specifies flight visibility requirements for operations below DA or MDA 
and landing under IFR and states that, when making an instrument 
approach to a civil airport, a pilot must use a standard instrument 
approach procedure prescribed for the airport.
    Paragraph (c), Operation below DH or MDA, states that, where a DH 
or MDA is applicable, no pilot may operate an aircraft, except a 
military aircraft of the United States, at any airport below the 
authorized MDA or continue an approach below the authorized DH unless 
the flight visibility under paragraph (c)(2) is not less than the 
visibility prescribed in the standard instrument approach being used. 
Paragraph (c)(3) lists visual references that must also be distinctly 
visible and identifiable to the pilot.
    Paragraph (d), Landing, states that ``No pilot operating an 
aircraft except a military aircraft of the United States, may land that 
aircraft when the flight visibility is less than the visibility 
prescribed in the standard instrument approach procedure being used.''
    Based upon the existing Sec.  91.175 regulation, the pilot cannot 
descend below the DH or MDA if the flight visibility is less than the 
visibility prescribed in the standard instrument approach procedure. 
The present Sec.  91.175(c)(2) flight visibility requirements are not 
based upon a pilot's use of an EFVS.
    Previous type designs--In 2001, the FAA issued special conditions 
for the airworthiness approval of one manufacturer's type design. The 
special conditions limited the scope of the intended function to the 
identification of the visual references listed in Sec.  91.175(c)(3). 
The system design, under this limited intended function, was not 
approved for meeting the flight visibility requirements of Sec.  
91.175(c)(2) because its infrared sensor did not sense energy in the 
visual portion of the electromagnetic spectrum. In addition, the 
current operating rules do not establish criteria for the use of 
equipment that operates in non-visible portions of the electromagnetic 
spectrum. The proposed amendment would provide operational criteria for 
the desired function of an EFVS, which operates outside the visible 
portion of the electromagnetic spectrum.

Related NPRM

    The FAA is conducting a thorough review of its rules to ensure 
consistency between the operating rules of 14 CFR and future proposed 
area navigation (RNAV) operations for the National Airspace System 
(NAS). On December 17, 2002, the FAA published a proposed rule 
entitled, ``Area Navigation (RNAV) and Miscellaneous Amendments'' (67 
FR 77326; Dec. 17, 2002). That NPRM would enable the use of space-based 
navigation aid sensors for aircraft RNAV systems through all phases of 
flight (departure, en route, arrival, and approach) to enhance the 
safety and efficiency of the NAS.
    The December 17, 2002 RNAV proposed rule also introduced the new 
terms ``approach procedure with vertical guidance (APV)'' and 
``decision altitude (DA).'' In the NPRM, the FAA proposed to add 
definitions of these terms to Sec.  1.1 as follows:
    ``Approach procedure with vertical guidance (APV)'' is an 
instrument approach procedure based on lateral path and vertical glide 
path. These procedures may not conform to requirements of precision 
approaches.
    ``Decision altitude (DA) is a specified altitude at which a person 
must initiate a missed approach if the person does not see the required 
visual reference. Decision altitude is expressed in feet above mean sea 
level.''
    That NPRM also proposed to change Sec. Sec.  91.175(c) introductory 
text, 121.651(c) introductory text and (d) introductory text, 
125.381(c), and a portion of 135.225(c), which would also be amended in 
this NPRM. The proposed amendments to those sections are, therefore, 
shown in this document with the proposed RNAV-related changes and the 
proposed EFVS-related changes in place. See the chart comparing the 
current rules and the RNAV and EFVS proposals following the Section-by-
Section analysis below.

Discussion of the Proposal

    The FAA proposes to amend its rules to allow for the operational 
use of an EFVS, which can display imagery that may significantly 
improve the pilot's capability to detect objects that may not otherwise 
be visible. The provisions of this NPRM would apply to operations 
conducted under parts 91, 121, 125, 129, and 135.
    The proposal also would provide that the pilot of an aircraft could 
use this system to determine ``enhanced flight visibility'' while 
flying a standard instrument approach procedure. An EFVS would enable 
the pilot to determine ``enhanced flight visibility'' at the DA, DH, or 
MDA, in lieu of ``flight visibility'' (as currently defined), by using 
a head-up display (HUD) to display sensor imagery of the approach 
lights or other visual references for the runway environment at a 
distance no less than the visibility prescribed in the instrument 
approach procedure being used.
    The FAA would define ``enhanced flight visibility'' as the average 
forward horizontal distance, from the cockpit of an aircraft in flight, 
at which prominent topographical objects may be clearly distinguished 
and identified by day or night by a pilot using an EFVS. This 
definition would be substantially equivalent to the flight visibility 
requirement in Sec.  91.175(c)(2). The pilot would use this enhanced 
flight visibility and go through a similar decision-making process as 
required by existing regulations to continue the approach from the DA, 
DH, or MDA and safely maneuver the aircraft for a landing on the 
intended runway.
    Possible operational benefits--This proposed rule would not require 
the use of an EFVS. However, using an EFVS would allow operations in 
reduced visibility conditions that would not otherwise be possible. The 
proposed rule, therefore, could allow for operational benefits, reduce 
costs, and increase safety for aircraft equipped with an EFVS. Use of 
an EFVS with a HUD may improve the level of safety by improving 
position awareness, providing visual cues to maintain a stabilized 
approach, and minimizing missed approach situations. In addition

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to using an EFVS to satisfy Sec.  91.175(l) requirements, an EFVS may 
allow the pilot to observe an obstruction on the runway, such as an 
aircraft or vehicle, earlier in the approach, and observe potential 
runway incursions during ground operations in reduced visibility 
conditions. Even in situations where the pilot experiences marginal 
visibility at the DA, DH, or MDA, he or she could still use an EFVS to 
have better situational awareness than may be possible without it.
    Category I operations--The intent of this proposed rule is to 
retain the existing straight-in-landing Category I instrument landing 
system (ILS) or nonprecision instrument approach minima and to 
authorize the pilot to use FAA-certified EFVS imaging-sensor 
technologies to determine enhanced flight visibility. This proposed 
rule would allow a pilot to fly a straight-in landing Category I or 
nonprecision approach and descend below the DA, DH, or MDA using an 
EFVS.
    Category II and Category III ILS approach procedures--This proposed 
rule would not allow the use of an EFVS for Category II and III ILS 
approach procedures. Proposed enhanced flight vision systems for these 
approaches would have to comply with the more stringent reliability, 
redundancy, and other criteria, as prescribed in applicable sections of 
14 CFR and applicable advisory circulars.
    Visual references--Section 91.175(c)(3) lists ten visual 
references, of which only one is required for the pilot to descend 
below the DH or MDA. The visual references are: (1) The approach light 
system, (2) threshold, (3) threshold markings, (4) threshold lights, 
(5) runway end identifier lights, (6) visual approach slope indicator, 
(7) touchdown zone or touch down zone markings, (8) touchdown zone 
lights, (9) runway or runway markings, and (10) the runway lights. If 
the approach light system is used as the reference, the pilot may not 
descend below 100 feet above the touchdown zone elevation unless the 
red terminating bars or the red side row bars are also distinctly 
visible and identifiable. As a parallel, the proposed rule states that, 
when using an EFVS, the approach light system (if installed), the 
runway threshold lights or markings, and the runway touchdown zone 
lights or markings would have to be distinctly visible and identifiable 
to the pilot.
    Because the imaging-sensor technologies may not sense or display 
all of the identifying features of the visual references (e.g., may not 
distinguish colored lights), the FAA is proposing that the approach 
light system (if installed), or the runway threshold and the touchdown 
zone, would have to be distinctly visible to the pilot when using the 
EFVS prior to descent from the DA, DH, or MDA. At 100 feet above the 
touchdown zone elevation and below, there would have to be sufficient 
flight visibility (without reliance on an EFVS) for the intended runway 
to be distinctly visible and identifiable to the pilot to continue to a 
landing.
    Pilot qualifications--To use the EFVS equipment while conducting an 
instrument approach procedure under this proposal, the pilot(s) would 
have to be current and qualified in accordance with existing applicable 
requirements in 14 CFR part 61, 121, 125 or 135. Each foreign pilot 
would have to be qualified in accordance with the requirements of the 
civil aviation authority of the State of the operator. Foreign air 
carriers would be required to comply with this rule and their 
operations specifications. For all operators, this would include 
knowledge of the EFVS training requirements, operational procedures, 
and limitations as prescribed in the approved Airplane or Rotorcraft 
Flight Manual for the specific system.
    Certification process--An EFVS proposed for use under this proposed 
rule would have to provide the pilot with sufficient guidance and 
visual cues so that the pilot could manually maneuver the aircraft to a 
landing on the intended runway. The sensor image alone may not be 
suitable to maneuver the aircraft. For the pilot(s) to maximize 
situational awareness while maneuvering the aircraft in the visual 
segment of the instrument approach procedure, at low altitudes and 
reduced visibility conditions, the FAA is proposing that several key 
components be provided by an EFVS to provide an adequate level of 
safety. The EFVS sensor imagery would have to be presented on a HUD 
that is centrally located in the pilot's primary field of view and in 
the pilot's line of vision along the flight path. The imagery must be 
real-time, independent of the navigation solution derived from the 
aircraft avionics, and must be clearly displayed so that it does not 
adversely obscure the pilot field of view through the cockpit window. 
Aircraft flight symbology, such as airspeed, vertical speed, attitude, 
heading and altitude would have to be displayed on the HUD and be 
clearly visible to the pilot. The displayed sensor imagery and aircraft 
symbology could not adversely obstruct the pilot's vision looking 
through the aircraft's forward windshield.
    The FAA would conduct the certification and evaluation process in 
accordance with published guidance and current policy. The FAA would 
also evaluate the capabilities, operational procedures, training and 
limitations for the specific system as it is designed and flight-
tested. In all cases, the applicant for an airworthiness type design 
would provide the FAA's Aircraft Certification Office (ACO) with a 
certification plan. The FAA would evaluate the plan to determine if it 
is addressed by current regulations or if special conditions would have 
to be established for the certification. The proposed EFVS would be 
evaluated in an operational context to determine if the system provides 
an equivalent level of safety when in operation compared to the present 
rules.

Section-by-Section Analysis

Section 1.1 General Definitions

    The FAA proposes to amend Sec.  1.1 to add definitions for the 
terms ``enhanced flight visibility,'' and ``enhanced flight vision 
system (EFVS).'' Including these terms in the FAA's regulations would 
allow for the use of new technology and establish the characteristics 
the FAA believes are essential for safe operations.
    The FAA also proposes to add definitions for the terms ``synthetic 
vision'' and ``synthetic vision system.'' Although this proposed rule 
would not allow for synthetic vision, which is a database computer-
generated image, the FAA believes it is necessary to distinguish it 
from an enhanced vision system, which uses imaging-sensor technology.

Section 1.2 Abbreviations and Symbols

    The FAA is proposing to add the abbreviation ``EFVS'' to Sec.  1.2 
to reflect the addition of the proposed new term ``enhanced flight 
vision system (EFVS)'' in Sec.  1.1.

Section 91.175 Takeoff and Landing Under IFR

    Paragraph (c)--Paragraph (c) introductory text (as proposed at 67 
FR 77341; Dec. 17, 2002), would be further amended to add the phrase 
``except as provided in Sec.  91.175(l) of this section, * * * .'' As 
discussed below, paragraph (l) would be added to allow the pilot to 
descend below the DA, DH, or MDA on a standard instrument approach 
using an EFVS. If a pilot cannot meet the requirements of Sec.  
91.175(c) using natural vision, the exception to those requirements as 
provided in paragraph (l) using an EFVS would apply.
    Paragraph (d)--The FAA proposes to revise paragraph (d) to add a 
new requirement that no pilot operating an aircraft may land that 
aircraft when, for

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operations conducted under proposed paragraph (l), the requirements of 
proposed paragraph (l)(4) are not met. This would mean that, when the 
aircraft is operated from 100 feet above the touchdown zone elevation 
to the runway surface, without reliance on an EFVS, there would have to 
be sufficient flight visibility for the lights or markings of the 
threshold or the lights or markings of the touchdown zone to be 
distinctly visible and identifiable to the pilot to land the aircraft. 
For all other operations that are not conducted under Sec.  91.175(l), 
the pilot could not land the aircraft if the flight visibility is less 
than the visibility prescribed in the standard instrument approach 
procedure being used.
    Paragraph (e)--For the missed approach procedures in Sec.  
91.175(e), the FAA is proposing to revise the introduction to (e)(1) to 
add a reference to proposed paragraph (l). The operator of the aircraft 
first would have to determine whether the aircraft would be operated in 
accordance with Sec.  91.175(c) (for flight visibility using natural 
vision) or with Sec.  91.175(l) (using an EFVS). Once that decision is 
made, different requirements determine when a missed approach must be 
executed. If a pilot chose to operate under Sec.  91.175(c) without an 
EFVS, he or she would follow existing rules for missed approaches. This 
proposed rule would not change the existing requirements under Sec.  
91.175(c).
    If, on the other hand, the pilot chose to use an EFVS in accordance 
with Sec.  91.175(l), the missed approach procedures remain the same as 
those published on the approach charts. If the pilot could not meet the 
requirements of Sec.  91.175(l)(1) through (4), a missed approach must 
be executed. The requirements of Sec.  91.175(l)(1) through (4) differ 
from the requirements of Sec.  91.175(c)(1) through (3); however, these 
requirements provide a parallel to the decision-making process in Sec.  
91.175(c). For an operation conducted under Sec.  91.175(l) with an 
EFVS, between the DA, DH, or MDA to 100 feet above the touchdown zone 
elevation of the runway of intended landing, an appropriate missed 
approach procedure would have to be immediately executed if the pilot 
were unable to continuously maintain the aircraft in a position from 
which a descent to a landing on the intended runway could be made at a 
normal rate of descent using normal maneuvers. For an operation 
conducted under part 121 or part 135, an appropriate missed approach 
procedure would have to be immediately executed if the pilot were 
unable to control the descent rate of the aircraft to allow touchdown 
to occur within the touchdown zone of the runway of intended landing. 
Under (l)(2), for all operations, below DA, DH, or MDA an appropriate 
missed approach procedure would have to be immediately executed when 
the pilot determined that the enhanced flight visibility observed by 
use of an EFVS is less than the visibility prescribed in the standard 
instrument approach procedure being used. Also if the visual references 
specified under (l)(3) were not distinctly visible and identifiable to 
the pilot in the EFVS display, a missed approach would have to be 
executed. Under (l)(4), for operations, between 100 feet above the 
touchdown zone elevation of the runway of intended landing and any 
lower altitude, the pilot would have to immediately execute a missed 
approach if, without reliance on an EFVS, there were not sufficient 
flight visibility for either the lights or markings of the threshold or 
the lights or markings of the touchdown zone to be distinctly visible 
and identifiable to the pilot.
    Paragraph (l)--Paragraph (l) would be added to Sec.  91.175 to 
describe the requirements for approach to straight-in landing 
operations below DA, DH, or MDA using an EFVS. The proposed rule would 
apply to pilots operating under parts 91, 121, 125, 129 and 135, and 
would require that parts 119 and 125 certificate holders, and part 129 
operations specifications holders, be authorized to use an EFVS in 
their operations specifications.
    Paragraph (l)(1) would state that the aircraft must be continuously 
in a position from which a descent, at normal rate using normal 
maneuvers, can be made. The proposed paragraph would also state that 
the descent rate for parts 121 and 135 operations would allow touchdown 
to occur within the touchdown zone of the runway of intended landing.
    Proposed paragraph (l)(2) would provide an enhanced flight 
visibility requirement that would be equivalent to Sec. Sec.  
91.175(c)(2) and 121.651(c)(2) and (d)(2), except that the pilot could 
use an EFVS to determine ``enhanced flight visibility'' as compared to 
``flight visibility'' with natural vision.
    Paragraph (l)(3) would specify that the approach light system (if 
installed) or the runway threshold and the touchdown zone would have to 
be distinctly visible and identifiable to the pilot in the enhanced 
flight vision system display at the DA, DH, or MDA.
    Paragraph (l)(4) would require that, at 100 feet above the 
touchdown zone elevation and below, the threshold lights or markings, 
or the touchdown zone lights or markings, would have to be distinctly 
visible and identifiable without relying on the enhanced flight vision 
system for the pilot to continue to a landing.
    In (l)(5), the proposed rule would provide that pilots using EFVS-
equipped aircraft be qualified in accordance with the applicable 
requirements of 14 CFR part 61 and part 121, 125, or 135, as 
applicable. Foreign operators would have to be qualified in accordance 
with their civil aviation authorities' requirements.
    In (l)(6), the proposed rule would authorize EFVS operations for 
parts 119 and 125 certificate holders and part 129 operations 
specifications holders through their operations specifications.
    In (l)(7), the proposed rule would require that the aircraft be 
equipped with an EFVS, the display of which would have to be suitable 
for maneuvering the aircraft. The EFVS and display would be required to 
have an FAA type design approved by the United States. For foreign-
registered aircraft, the EFVS and display would have to be of a type 
design approved by the United States and comply with all requirements 
as if the aircraft were registered in the United States.
    Paragraph (m)--Proposed paragraph (m) would establish the 
characteristics and features the FAA would require when approving an 
EFVS. It would ensure that a pilot using an EFVS remained in his or her 
normal sitting position and would be looking straight ahead along the 
forward flight path. The EFVS would have to include a head-up display 
centrally located in the pilot's primary field of view and would 
display the sensor imagery and the aircraft's flight's symbology so 
that the pilot's forward vision would not be adversely obscured. 
Because the pilot could not rely on the EFVS at 100 feet above the 
touchdown zone elevation and below for purposes of identifying items in 
proposed (l)(4), the FAA believes it would be essential for him or her 
to remain in a forward-looking position and be able to focus outside 
the cockpit with minimal transition from using the sensor imagery 
display to visual flying conditions (using natural vision) without the 
EFVS. The display characteristics and dynamics would have to be 
suitable for manual control of the aircraft.

Section 121.651 Takeoff and Landing Weather Minimums: IFR: All 
Certificate Holders

    The FAA's Area Navigation (RNAV) NPRM published on December 17, 
2002 (67 FR 77341; Dec. 17, 2002), set forth proposed amendments to the 
current provisions contained in Sec.  121.651. By

[[Page 6806]]

this document (i.e., the Enhanced Flight Visibility Systems NPRM), the 
FAA amends the December 17, 2002 RNAV NPRM regarding this section in 
three ways.
    First, in regard to paragraph (c) in the December 17, 2002 RNAV 
NPRM, the FAA makes the following amendments: The words ``and touch 
down'' would be removed. Thus, regardless of which proposals are 
adopted first (i.e., RNAV or EFVS), those three words would be removed 
from paragraph (c) of Sec.  121.651. The FAA is proposing to remove 
those words because it believes they are redundant of the landing 
requirements in both the existing and the proposed Sec.  91.175(d), 
which also apply to part 121 operations.
    Second, in paragraph (c), the words ``if either the requirements of 
Sec.  91.175(l) of this chapter, or the following requirements are 
met'' would be added at the end. Thus, if the proposed amendments in 
this EFVS NPRM are adopted at the same time as the RNAV NPRM or after 
the adoption of the RNAV proposals, then today's proposal would allow 
for operations under the current requirements of Sec.  121.651(c), or 
approach to straight-in-landing operations using an EFVS under Sec.  
91.175(l) when the EFVS proposals are adopted. By the same token, if 
the RNAV proposed rules are adopted before the EFVS proposals are 
adopted, then the language in proposed Sec.  121.651(c) in this 
document would be adopted but without the reference to Sec.  91.175(l). 
That is, the FAA would adopt proposed paragraph (c) without the clause 
``* * * either the requirements of Sec.  91.175(l) of this chapter or * 
* *.''. Thus, in this situation, that language would only be adopted 
when the substantive EFVS rules are adopted.
    Third, in paragraph (d), by this document (i.e., the Enhanced 
Flight Visibility Systems NPRM), the FAA amends its December 17, 2002 
proposal. Paragraph (d) introductory text, as proposed in the FAA's 
Area Navigation (RNAV) NPRM published on December 17, 2002 (67 FR 
77341; Dec. 17, 2002), would be further revised to include the words 
``the requirements of Sec.  91.175(l) of this chapter, or the following 
requirements are met'' at the end. This would allow for operations 
under the current requirements of Sec.  121.651(d), or approach to 
straight-in-landing operations using an EFVS under Sec.  91.175(l). 
(Note that the abbreviation ``PAR'' stands for ``precision approach 
radar.'') Thus, if the RNAV proposal is adopted first, then the new 
proposed language in proposed Sec.  121.651(d) in this document (i.e., 
``* * * the requirements of Sec.  91.175(l) of this chapter, or the 
following requirements are met: * * *'') would not be adopted at that 
time but would only be adopted when, and if, the proposals in the EFVS 
NPRM are adopted.

Section 125.381 Takeoff and Landing Weather Minimums: IFR

    The FAA is proposing to further amend paragraph (c) as proposed in 
the FAA's Area Navigation (RNAV) NPRM published on December 17, 2002 
(67 FR 77346). There are several reasons for the FAA's actions. First, 
as currently published in the Code of Federal Regulations, it appears 
as if a clause that is wholly contained within paragraph (c)(3) only 
applies to (c)(3), when, in fact, that language was, and is, intended 
to apply to paragraphs (c)(1), (c)(2) and (c)(3). That language begins 
`` * * * the approach may be continued * * *.'' Thus, in this proposal, 
the FAA has reorganized the regulatory language to more clearly set 
forth the requirements.
    Second, the FAA proposes to remove language in the current rule 
(i.e., ``* * * and a landing may be made * * *'') and similar language 
(i.e., ``* * * and landing * * *'') in the RNAV NPRM. The FAA is 
proposing this because this language is redundant of the regulatory 
requirements in the existing Sec.  91.175(d), which does, and would 
continue to, apply to part 125 operators, and it is redundant of the 
proposed requirements in proposed Sec.  91.175(d).
    Third, all of the following changes to the proposed Sec.  
125.381(c) in the RNAV NPRM that are described in this paragraph would 
be adopted regardless of which rule is adopted first. In other words, 
the section and paragraph citations below are in reference to the 
proposed regulatory sections and paragraphs in the RNAV NPRM. Moreover, 
if the proposals in the EFVS NPRM are adopted first, the changes 
described below would amend the current Sec.  125.381(c), even though 
the other proposals in the RNAV NPRM would not have been adopted at 
that point. The FAA is proposing to amend the end of paragraph (c) 
introductory text by changing the words, ``continue with the approach 
and landing only if both of the following conditions are met--'' to 
read ``continue with the approach only if the requirements of Sec.  
91.175(l) of this chapter, or both of the following conditions are 
met--.'' The FAA is also proposing to make technical corrections to 
paragraph (c)(1) to specify that the airplane would have to be in one 
of the prescribed approach phases of the flight (not a landing phase) 
when a later weather report is received indicating below minimum 
conditions, or the pilot in command would not be authorized to continue 
the approach to DA, DH, or MDA. Also, in (c)(1)(i), the word 
``approach'' would be added after ``APV'' to improve readability. In 
(c)(1)(iii), the paragraph would be reworded to define the final 
approach on ASR/PAR (airport surveillance radar/precision approach 
radar) procedures and be renumbered as (c)(1)(ii). Paragraph (c)(1)(ii) 
would be renumbered as (c)(1)(iii) and be rewritten to more 
specifically describe the airplane position during the nonprecision 
final approach. In paragraph (c)(2) of the RNAV proposal (and in 
paragraph (c)(3) of the existing rule), the reference to ``MAP'' 
(missed approach point) would be corrected with ``MDA.'' Also in 
paragraph (c)(2) of the RNAV proposal the reference to the words ``in 
the certificate holder's operations specifications'' would be replaced 
with the words ``for the procedure being used'' because the minimums 
would not be prescribed in operations specifications. If only the RNAV 
proposal is adopted, the changes described above would be included in 
the RNAV final rule except for references to Sec.  91.175(l).

Section 135.225 IFR: Takeoff, Approach, and Landing Minimums

    The FAA is proposing to further amend Sec.  135.225(c) as proposed 
in the FAA's Area Navigation (RNAV) NPRM published on December 17, 2002 
(67 FR 77346). There are several reasons for the FAA's actions. First, 
as currently published in the Code of Federal Regulations, it appears 
that the clause, ``* * * the approach may be continued and a landing 
made * * *'' in paragraph (c)(3)(ii) only applies to (c)(3)(ii), when, 
in fact, that language was, and is, intended to apply to paragraphs 
(c)(1), (c)(2), and (c)(3)(i) as well. Second, in this proposal, the 
words ``and a landing made'' would be removed. Additionally, a second 
clause in (c)(3)(ii) beginning with the words ``* * * if a pilot finds 
* * *'' would be recodified as a new condition for paragraph (c). This 
would be renumbered as (c)(2). All of the paragraphs in (c)(1) would be 
renumbered and the content of those paragraphs would mirror the 
proposal of Sec.  125.381 as explained above, except that the word 
``aircraft'' would be used instead of ``airplane.'' The proposed 
changes to the sections and paragraphs of the RNAV NPRM in this EFVS 
NPRM would be adopted regardless of which rule is adopted first. 
However, if only the RNAV proposal is adopted, these proposed changes 
would be included in the RNAV final rule except for

[[Page 6807]]

references to Sec.  91.175(l). The proposed changes in the RNAV NPRM 
are no longer being considered for adoption.

Comparison of Current Rules and RNAV and EFVS Proposals (Sec. Sec.  
91.175, 121.651, 125.381, and 135.225)

--------------------------------------------------------------------------------------------------------------------------------------------------------
         Sec.   91.175 Current Rule                        RNAV Proposed Rule                                    EFVS Proposed Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   91.175 Takeoff and landing under IFR.  Sec.   91.175 Takeoff and landing under IFR.        Sec.   91.175 Takeoff and landing under the IFR.
 
                                                                      * * * * * * *
(c) Operation below DH or MDA. Where a DH or  (c) Operation below DA/DH or MDA.. Where a    (c) Operation below DA, DH or MDA. Except as provided in
 MDA is applicable, no pilot may operate an    DA/DH or MDA is applicable, no pilot may      paragraph (1) of this section, where a DA, DH or MDA is
 aircraft, except a military aircraft of the   operate an aircraft, except military          applicable, no pilot may operate an aircraft, except a
 United States, at any airport below the       aircraft of the United States, at any         military aircraft of the United States, at any airport
 authorized MDA or continue an approach        airport below the authorized MDA or           below the authorized MDA or continue an approach below the
 below the authorized DH unless--              continue an approach below the authorized     authorized DA/DH unless--
                                               DA/DH unless--
 
                                                                      * * * * * * *
(d) Landing. No pilot operating an aircraft,  (e) * * *                                     (d) Landing. No pilot operating an aircraft, except a
 except a military aircraft of the United     (l) * * *                                      military aircraft of the United States, may land that
 States, may land that aircraft, when the     (ii) Upon arrival at the missed approach       aircraft when--
 flight visibility is less than the            point, including a DA/DH where a DA/DH is    (1) For operations conducted under paragraph (l) of this
 visibility prescribed in the standard         specified and its use is required, and at     section, the requirements of (l)(4) of this section are not
 instrument approach procedure being used.     any time after that until touchdown.          met; or
(e) Missed approach procedures. Each pilot    * * * * *                                     (2) For all other part 91 operations and parts 121, 125,
 operating an aircraft, except a military                                                    129, and 135 operations, the flight visibility is less than
 aircraft of the United States, shall                                                        the visibility prescribed in the standard instrument
 immediately execute an appropriate missed                                                   approach procedure being used.
 approach procedure when either of the                                                      * * * * *
 following conditions exist:                                                                (e) * * *
(l) Whenever the requirements of paragraph                                                  (1) Whenever operating an aircraft pilot operating pursuant
 (c) of this section are not met at either                                                   to paragraph (c) or (1) of this section and the
 of the following times:                                                                     requirements of that paragraph are not met at either of the
(i) When the aircraft is being operated                                                      following times:
 below MDA; or                                                                              * * * * *
(ii) Upon arrival at the missed approach                                                    (l) Approach to straight-in landing may land that approach
 point, including a DH where a DH is                                                         operations below DA, DH, or MDA using an enhanced flight
 specified and its use is required, and at                                                   vision system (EFVS). No pilot operating under this section
 any time after that until touchdown.                                                        or Sec.  Sec.   121.651, 125.381, and 135.225 of this
* * * * *                                                                                    chapter may operate an aircraft at any airport at any
                                                                                             airport below the authorized MDA or continue an approach
                                                                                             below the authorized DA or DH and land unless--
                                                                                            (1) The aircraft is continuously in a position from which a
                                                                                             descent to a landing on the intended runway can be made at
                                                                                             a normal rate of descent using normal manuevers, and, for
                                                                                             operations conducted under part 121 or part 135 of this
                                                                                             chapter, the descent rate will allow touchdown to occur
                                                                                             within the touchdown zone of the runway of intended
                                                                                             landing:
                                                                                            (2) The pilot determines that the enhanced flight visibility
                                                                                             observed by use of a certified enhanced flight vision
                                                                                             system is not less than the visibility prescribed in the
                                                                                             standard instrument approach procedure being used;
                                                                                            (3) The following visual references for the intended runway
                                                                                             are distinctly visible and identifiable to the pilot using
                                                                                             the enhanced flight vision system:
                                                                                            (i) The approach light system (if installed); or
                                                                                            (ii) The runway threshold and the touchdown zone;

[[Page 6808]]

 
                                              ............................................  (4) At 100 feet above the touchdown zone elevation of the
                                                                                             runway of intended landing and below that altitude, the
                                                                                             flight visibility must be sufficient for the following to
                                                                                             be distinctly visible and identifiable to the pilot without
                                                                                             reliance on the enhanced flight vision system to continue
                                                                                             to a landing:
                                                                                            (i) The lights or markings of the threshold; or
                                                                                            (ii) The lights or markings of the touchdown zone;
                                                                                            (5) The pilot(s) is qualified to use an EFVS as follows:
                                                                                            (i) For parts 119 and 125 certificate holders, the
                                                                                             applicable training, testing and qualifications provisions
                                                                                             of parts 121, 125 and 135 of this chapter;
                                                                                            (ii) For foreign persons, in accordance with the
                                                                                             requirements of the requirements of the civil aviation
                                                                                             authority of the State of the operator; or
                                                                                            (iii) For persons conducting any other operation, in
                                                                                             accordance with the applicable qualification and
                                                                                             proficiency requirements of part 61 of this chapter and the
                                                                                             operating limitations specified in the approved Airplane or
                                                                                             Rotorcraft Flight Manual;
                                                                                            (6) For parts 119 and 125 certificate holders, their
                                                                                             operations specifications authorize use of EFVS; and
                                                                                            (7) The aircraft is equipped with, and the pilot uses, an
                                                                                             enhanced flight vision system, the display of which is
                                                                                             suitable for maneuvering the aircraft and his either an FAA
                                                                                             type design approval or, for a foreign-registered aircraft,
                                                                                             the EFVS is of a type design approved by the United States
                                                                                             and complies with all of the requirements of this chapter
                                                                                             that would be applicable to that aircraft were it
                                                                                             registered in the United States, including the requirements
                                                                                             for a U.S. standard airworthiness certificate.
                                              ............................................  (m) For purposes of this section, ``enhanced flight vision
                                                                                             system'' (EFVS) is an installed airborne system comprised
                                                                                             of the following features and characteristics:
                                                                                            (1) An electronic means to provide a display of the forward
                                                                                             external scene topography (natural or manmade features of a
                                                                                             place or region especially in a way to show their relative
                                                                                             positions and elevation) through the use of imaging
                                                                                             sensors, such as a forward-looking infrared, millimeter
                                                                                             wave radiometry, millimeter wave radar, and low-light level
                                                                                             image intensifying;
                                                                                            (2) The EFVS sensor imagery and aircraft flight symbology
                                                                                             (i.e. at least airspeed, vertical speed, aircraft attitude,
                                                                                             heading, altitude) are presented on a head-up display so
                                                                                             that they are clearly visible to the pilot flying in his or
                                                                                             her normal position and line of vision and looking forward
                                                                                             along the flight path;
                                                                                            (3) The displayed imagery and aircraft flight symbology does
                                                                                             not adversely obscure the pilot's outside view or field of
                                                                                             view through the cockpit window;
                                                                                            (4) The EFVS includes the display element, sensors,
                                                                                             computers and power supplies, indications, and controls. It
                                                                                             may receive inputs from an airborne navigation system or
                                                                                             flight guidance system; and
                                                                                            (5) The display characteristics and dynamics are suitable
                                                                                             for manual control of the aircraft.
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
      Sec.   121.651 Current Rule                  RNAV Proposed Rule                                       EFVS Proposed Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Sec.   121.651 Takeoff and landing            Sec.   121.651 Amended               Sec.   121.651 Takeoff and landing weather minimums: IFR: All
 weather minimums: IFR: All certificate                                                                    certificate holders.
                holders.
 

[[Page 6809]]

 
                                                                      * * * * * * *
(c) If a pilot has begun the final       (c) In paragraph (c), replace the term  (c) If a pilot has begun the final approach segment of an instrument
 approach segment of an instrument        ``DH'' with the term ``DA/DH''          approach procedure in accordance with paragraph (b) of this section,
 approach procedure in accordance with    wherever it appears.                    and after that receives a later weather report indicating below-
 paragraph (b) of this section and       * * * * *                                minimum conditions, the pilot may continue the approach to DA/DH or
 after that receives a later weather     (d) A pilot may begin the final          MDA. Upon reach DA/DH, or at MDA, and at any time before the missed
 report indicating below-minimum          approach segment of a Category I        approach point, the pilot may continue the approach below DA/DH or MDA
 conditions, the pilot may continue the   precision approach procedure at an      if either the requirements of Sec.   91.175(l) of this chapter, or the
 approach to DH or MDA. Upon reaching     airport when the visibility is less     following requirements are met:
 DH or at MDA, and at any time before     than the visibility minimums           * * * * *
 the missed approach point, the pilot     prescribed for that procedure if that  (d) A pilot may begin the final approach segment of a Category I
 may continue the approach below DH or    airport is served by an operative PAR   precision approach procedure at an airport when the visibility is less
 MDA and touch down if--                  and another operative precision         than the visibility minimums prescribed for that procedure if that
* * * * *                                 instrument approach system, and both    airport is served by an operative PAR and another operative precision
(d) A pilot may begin the final           the PAR and the precision approach      instrument approach system, and both the PAR and the precision
 approach segment of an instrument        are used by the pilot. However, no      approach are used by the pilot. However, no person may continue an
 approach procedure other than a          person may continue an approach below   approach below the authorized DA unless the requirements of Sec.
 Category II or Category III procedure    the authorized DA, unless--             91.175(l) of this chapter, or the following requirements are met:
 at an airport when the visibility is    * * * * *
 less than the visibility minimums
 prescribed for that procedure if that
 airport is served by a operative ILS
 and an operative PAR, and both are
 used by the pilot. However, no pilot
 may operate an aircraft below the
 authorized MDA, or continue an
 approach below the authorized DH,
 unless--
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
      Sec.   125.381 Current Rule                  RNAV Proposed Rule                                       EFVS Proposed Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Sec.   125.381 Takeoff and landing      Sec.   125.381 Takeoff and landing           Sec.   125.381 Takeoff and landing weather minimums: IFR.
         weather minimums: IFR.                   weather minimums: IFR.
(c) If a pilot initiates an instrument   (c) If a pilot initiates an instrument  (c) If a pilot initiates an instrument approach procedure based on a
 approach procedure when the latest       approach procedure based on a weather   weather report that indicates that the specified visibility minimums
 weather report indicates that the        report that indicates that the          exist and subsequently receives another weather report that indicates
 specified visibility minimums exist,     specified visibility minimums exist     that conditions are below the minimum requirements, then the pilot may
 and a later weather report indicating    and subsequently receives another       continue with the approach only if, the requirement of Sec.
 below minimums conditions is received    weather report that indicates that      91.175(l) of this chapter, or both of the following conditions are
 after the airplane--                     conditions have worsened to below the   met--
                                          minimum requirements, then the pilot
                                          may continue with the approach and
                                          landing only if both of the following
                                          conditions are met--
(1) Is on an ILS final approach and has  (1) The later weather report is         (1) The later weather report is received when the airplane is in one of
 passed the outer marker,                 received when the airplane is in one    the following approach phases:
(2) Is on final approach segment using    of the following landing phases:       (i) The airplane is on a precision or APV approach and has passed the
 a nonprecision approach procedure, or   (i) The airplane is on a precision       precision final approach fix;
(3) Is on PAR final approach and has      approach or APV and has passed the     (ii) The airplane is on an ASR or PAR final approach and has been
 been turned over to the final approach   precision final approach fix.           turned over to the final approach controller; or
 controller, the approach may be         (ii) The airplane is on the final       (iii) The airplane is on a nonprecision final approach and the
 continued and a landing may be made if   approach segment using a nonprecision   airplane--
 the pilot in command finds, upon         approach procedure.                    (A) Has passed the appropriate facility or final approach fix; or
 reaching the authorized MAP or HD,      (iii) The airplane is on a PAR final    (B) Where a final approach fix is not specified, has completed the
 that actual weather conditions are at    approach and has been turned over to    procedure turn and is established inbound toward the airport on the
 least equal to the minimums prescribed   the final approach controller.          final approach course within the distance prescribed in the procedure;
 in the operations specifications.       (2) The pilot in command finds, on       and
                                          reaching the authorized MAP or DA/DH,  (2) The pilot in command finds, on reaching the authorized MDA, or DA/
                                          that the actual weather conditions      DH, that the actual weather conditions are at or above the minimums
                                          are at or above the minimums            prescribed for the procedure being used.
                                          prescribed in the certificate
                                          holders' operations specifications.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 6810]]


----------------------------------------------------------------------------------------------------------------
     Sec.   135.225 Current Rule               RNAV Proposed Rule                    EFVS Proposed Rule
----------------------------------------------------------------------------------------------------------------
    Sec.   135.225 IFR: Takeoff,          Sec.   135.225 IFR: Takeoff,          Sec.   135.225 IFR: Takeoff,
   approach and landing minimums.         approach and landing minimums.       approach, and landing minimums.
                                                  * * * * * * *
(c) If a pilot has begun the final    (c) * * *                             (c) If a pilot has begun the final
 approach segment of an instrument                                           approach segment of an instrument
 approach to an airport under                                                approach to an airport under
 paragraph (b) of this section and a                                         paragraph (b) of this section, and
 later weather report indicating                                             the pilot receives a later weather
 below minimum conditions is                                                 report indicating that conditions
 received after the aircraft is--                                            have worsened to below the minimum
                                                                             requirements, then the pilot may
                                                                             continue the approach only if the
                                                                             requirements of Sec.   91.175(l) of
                                                                             this chapter, or both of the
                                                                             following conditions, are met--
(1) On an ILS final approach and has  (1) On a precision or APV approach    (1) The later weather report is
 passed the final approach fix; or     and has passed the precision final    received when the aircraft is in
(2) On an ASR or PAR final approach    approach fix; or                      one of the following approach
 and has been turned over to the      * * * * *                              phases:
 final approach controller; or        (3) On a nonprecision final           (i) The aircraft is on a precision
(3) On a final approach using a VOR,   approach; and the aircraft--          or APV approach and has passed the
 NDB, or comparable approach          * * * * *                              precision final approach fix;
 procedure; and the aircraft--        (ii) Where a final approach fix is    (ii) The aircraft is on an ASR or
(i) Has passed the appropriate         not specified, has completed the      PAR final approach and has been
 facility or final approach fix; or    procedure turn and is established     turned over to the final approach
(ii) Where a final approach fix is     inbound toward the airport on the     controller; or
 not specified, has completed the      final approach course within the     (iii) The aircraft is on a
 procedure turn and is established     distance prescribed in the            nonprecision final approach and the
 inbound toward the airport on the     procedure. The approach may be        aircraft--
 final approach course within the      continued, and a landing made, if    (A) Has passed the appropriate
 distance prescribed in the            the pilot finds, upon reaching the    facility or final approach fix; or
 procedure; the approach may be        authorized MDA or DA/DH, that        (B) Where a final approach fix is
 continued and a landing made if the   actual weather conditions are at or   not specified, has completed the
 pilot finds, upon reaching the        above the minimums prescribed for     procedure turn and is established
 authorized MDA or DH, that actual     the procedure.                        inbound toward the airport on the
 weather conditions are at least                                             final approach course within the
 equal to the minimums prescribed                                            distance prescribed in the
 for the procedure.                                                          procedure; and
* * * * *                                                                   (2) The pilot in command finds, on
                                                                             reaching the authorized MDA or DA/
                                                                             DH, that the actual weather
                                                                             conditions are at or above the
                                                                             minimums prescribed for the
                                                                             procedure being used.
----------------------------------------------------------------------------------------------------------------

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 are no new information collection requirements associated with 
this proposed rule.

International Compatibility

    In keeping with United States obligations under the Convention on 
International Civil Aviation, it is the FAA's policy to comply with 
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 corresponded to these proposed regulations.

Economic Evaluation

    Proposed changes to regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency 
proposing or adopting a regulation to only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of the regulatory changes on small 
entities. Third, the Trade Agreements Act (19 U.S.C. 2531-2533) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, the Trade Agreements Act requires agencies to consider 
international standards and, where appropriate, as 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).
    In conducting these analyses, FAA has determined this rule: (1) Has 
benefits that justify its costs, 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; (2) will not have a significant economic impact on a 
substantial number of small entities; (3) will not reduce barriers to 
international trade; and does not impose an unfunded mandate on state, 
local, or tribal governments, or on the private sector.
    However, for regulations with an expected minimal impact the above-
specified analyses are not required. The Department of Transportation 
Order DOT 2100.5 prescribes policies and procedures for simplification, 
analysis, and review of regulations. If it is determined that the 
expected impact is so minimal that the proposal does not warrant a full 
evaluation, a statement to that effect and the basis for it is included 
in proposed regulation.
    This rulemaking would allow, but does not require, operators to use 
an enhanced flight vision system on board their aircraft provided their 
pilots are properly trained. Therefore, this proposed rule would not 
impose any cost on any operator. As discussed above under ``Discussion 
of the Proposal,'' the FAA believes that this

[[Page 6811]]

NPRM would provide operational benefits and improve the level of 
safety.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. 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 proposed or 
final rule will have a significant impact on a substantial number of 
small entities. If the determination is that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a proposed or final 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.
    The FAA certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
The use of the enhanced flight vision system would not be mandatory. 
This rulemaking would allow the operators the option of using this 
equipment. Therefore, this rulemaking would not impose any cost on any 
operators. The FAA solicits comments from the public regarding this 
determination of no significant economic impact on a substantial number 
of small entities.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. 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 proposed rule and 
determined that it will not apply to foreign entities or to trade with 
foreign entities. In accordance with the above statute, the FAA has 
assessed the potential effect of this proposed rule and has determined 
that it would have only a domestic impact and, therefore create no 
obstacles to the foreign commerce of the United States.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. 
L. 104-4 on March 22, 1995 is intended, among other things, to curb the 
practice of imposing unfunded Federal mandates on State, local, and 
tribal governments. Title II of the Act requires each Federal agency to 
prepare a written statement assessing the effects of any Federal 
mandate in a proposed of final agency rule that may result in an 
expenditure of $100 million or more expenditure (adjusted annually for 
inflation) 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 proposed rule would not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, we determined that this notice 
does not have federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA action as that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies 
for a categorical exclusion.

Energy Impact

    The energy impact of this proposed rule has been assessed in 
accordance with the Energy Policy and Conservation Act (EPCA) (Pub. L. 
94-163, as amended; 42 U.S.C. 6362) and FAA Order 1053.1. The FAA has 
determined that the proposed rule is not a major regulatory action 
under the provisions of the EPCA.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 91

    Agriculture, Air traffic control, Aircraft, Airmen, Airports, 
Aviation safety, Canada, Freight, Mexico, Noise control, Political 
candidates.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Safety, Transportation.

14 CFR Parts 125 and 135

    Aircraft, Airmen, Aviation safety.

The Proposed Amendments

    In consideration of the foregoing, the Federal Administration 
Aviation proposes to amend chapter I of 14 CFR as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

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

    Authority: 49 U.S.C. 106(g), 40113, 44701.

    2. Amend Sec.  1.1 by adding the following definitions in 
alphabetical order to read as follows:


Sec.  1.1  General definitions.

* * * * *
    Enhanced flight visibility means the average forward horizontal 
distance, from the cockpit of an aircraft in flight, at which prominent 
topographical objects may be clearly distinguished and identified by 
day or night by a pilot using an enhanced flight vision system.
    Enhanced flight vision system (EFVS) means an electronic means to 
provide a display of the forward external scene topography (natural or 
manmade features of a place or region especially in a way to show their 
relative positions and elevation) through the use of imaging sensors, 
such as a forward looking infrared, millimeter wave radiometry, 
millimeter wave radar, low light level image intensifying.
* * * * *
    Synthetic vision means a computer-generated image of the external 
scene topography from the perspective of the flight deck that is 
derived from aircraft attitude, high-precision navigation solution, and 
database of terrain, obstacles and relevant cultural features.
    Synthetic vision system means an electronic means to display a 
synthetic

[[Page 6812]]

vision image of the external scene topography to the flight crew.
* * * * *
    3. Section 1.2 is amended by adding the following abbreviation in 
alphabetical order to read as follows:


Sec.  1.2  Abbreviations and symbols.

* * * * *
    EFVS means enhanced flight vision system
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat. 1180).

    5. Amend Sec.  91.175 by revising paragraphs (c) introductory text, 
as proposed at 67 FR 77341; Dec. 17, 2002, (d), and (e)(1) introductory 
text, and by adding paragraphs (l) and (m) to read as follows:


Sec.  91.175  Takeoff and landing under IFR.

* * * * *
    (c) Operation below DA, DH or MDA. Except as provided in paragraph 
(l) of this section, where a DA, DH, or MDA is applicable, no pilot may 
operate an aircraft, except a military aircraft of the United States, 
at any airport below the authorized MDA or continue an approach below 
the authorized DA/DH unless--
* * * * *
    (d) Landing. No pilot operating an aircraft, except a military 
aircraft of the United States, may land that aircraft when--
    (1) For operations conducted under paragraph (l) of this section, 
the requirements of paragraph (l)(4) of this section are not met; or
    (2) For all other part 91 operations and parts 121, 125, 129, and 
135 operations, the flight visibility is less than the visibility 
prescribed in the standard instrument approach procedure being used.
    (e) * * *
    (1) Whenever operating an aircraft pursuant to paragraph (c) or (l) 
of this section and the requirements of that paragraph are not met at 
either of the following times:
* * * * *
    (l) Approach to straight-in landing operations below DA, DH, or MDA 
using an enhanced flight vision system (EFVS). No pilot operating under 
this section or Sec. Sec.  121.651, 125.381, and 135.225 of this 
chapter may operate an aircraft at any airport below the authorized MDA 
or continue an approach below the authorized DA or DH and land unless--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and, for operations conducted under 
part 121 or part 135 of this chapter, the descent rate will allow 
touchdown to occur within the touchdown zone of the runway of intended 
landing;
    (2) The pilot determines that the enhanced flight visibility 
observed by use of a certified enhanced flight vision system is not 
less than the visibility prescribed in the standard instrument approach 
procedure being used;
    (3) The following visual references for the intended runway are 
distinctly visible and identifiable to the pilot using the enhanced 
flight vision system:
    (i) The approach light system (if installed); or
    (ii) The runway threshold and the touchdown zone;
    (4) At 100 feet above the touchdown zone elevation of the runway of 
intended landing and below that altitude, the flight visibility must be 
sufficient for the following to be distinctly visible and identifiable 
to the pilot without reliance on the enhanced flight vision system to 
continue to a landing:
    (i) The lights or markings of the threshold; or
    (ii) The lights or markings of the touchdown zone;
    (5) The pilot(s) is qualified to use an EFVS as follows--
    (i) For parts 119 and 125 certificate holders, the applicable 
training, testing and qualification provisions of parts 121, 125, and 
135 of this chapter;
    (ii) For foreign persons, in accordance with the requirements of 
the civil aviation authority of the State of the operator; or
    (iii) For persons conducting any other operation, in accordance 
with the applicable qualification and proficiency requirements of part 
61 of this chapter and the operating limitations specified in the 
approved Airplane or Rotorcraft Flight Manual;
    (6) For parts 119 and 125 certificate holders, and part 129 
operations specifications holders, their operations specifications 
authorize use of EFVS; and
    (7) The aircraft is equipped with, and the pilot uses, an enhanced 
flight vision system, the display of which is suitable for maneuvering 
the aircraft and has either an FAA type design approval or, for a 
foreign-registered aircraft, the EFVS is of a type design approved by 
the United States and complies with all of the requirements of this 
chapter that would be applicable to that aircraft were it registered in 
the United States, including the requirements for a U.S. standard 
airworthiness certificate.
    (m) For purposes of this section, ``enhanced flight vision system'' 
(EFVS) is an installed airborne system comprised of the following 
features and characteristics:
    (1) An electronic means to provide a display of the forward 
external scene topography (natural or manmade features of a place or 
region especially in a way to show their relative positions and 
elevation) through the use of imaging sensors, such as a forward-
looking infrared, millimeter wave radiometry, millimeter wave radar, 
and low-light level image intensifying;
    (2) The EFVS sensor imagery and aircraft flight symbology (i.e. at 
least airspeed, vertical speed, aircraft attitude, heading, altitude) 
are presented on a head-up display so that they are clearly visible to 
the pilot flying in his or her normal position and line of vision and 
looking forward along the flight path;
    (3) The displayed imagery and aircraft flight symbology does not 
adversely obscure the pilot's outside view or field of view through the 
cockpit window;
    (4) The EFVS includes the display element, sensors, computers and 
power supplies, indications, and controls. It may receive inputs from 
an airborne navigation system or flight guidance system; and
    (5) The display characteristics and dynamics are suitable for 
manual control of the aircraft.

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

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

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

    7. Amend Sec.  121.651 by revising paragraphs (c) introductory text 
and (d) introductory text, as proposed at 67 FR 77345; Dec. 17, 2002, 
to read as follows:


Sec.  121.651  Takeoff and landing weather minimums: IFR: All 
certificate holders.

* * * * *
    (c) If a pilot has begun the final approach segment of an 
instrument approach procedure in accordance with paragraph (b) of this 
section, and after

[[Page 6813]]

that receives a later weather report indicating below-minimum 
conditions, the pilot may continue the approach to DA/DH or MDA. Upon 
reaching DA/DH, or at MDA, and at any time before the missed approach 
point, the pilot may continue the approach below DA/DH or MDA if either 
the requirements of Sec.  91.175(l) of this chapter, or the following 
requirements are met:
* * * * *
    (d) A pilot may begin the final approach segment of a Category I 
precision approach procedure at an airport when the visibility is less 
than the visibility minimums prescribed for that procedure if that 
airport is served by an operative PAR and another operative precision 
instrument approach system, and both the PAR and the precision approach 
are used by the pilot. However, no person may continue an approach 
below the authorized DA unless the requirements of Sec.  91.175(l) of 
this chapter, or the following requirements are met:
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

    8. The authority citation for part 125 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

    9. Amend Sec.  125.381 by revising paragraph (c), as proposed at 67 
FR 77346; Dec. 17, 2002, to read as follows:


Sec.  125.381  Takeoff and landing weather minimums: IFR.

* * * * *
    (c) If a pilot initiates an instrument approach procedure based on 
a weather report that indicates that the specified visibility minimums 
exist and subsequently receives another weather report that indicates 
that conditions are below the minimum requirements, then the pilot may 
continue with the approach only if, the requirements of Sec.  91.175(l) 
of this chapter, or both of the following conditions are met--
    (1) The later weather report is received when the airplane is in 
one of the following approach phases:
    (i) The airplane is on a precision or APV approach and has passed 
the precision final approach fix;
    (ii) The airplane is on an ASR or PAR final approach and has been 
turned over to the final approach controller; or
    (iii) The airplane is on a nonprecision final approach and the 
airplane--
    (A) Has passed the appropriate facility or final approach fix; or
    (B) Where a final approach fix is not specified, has completed the 
procedure turn and is established inbound toward the airport on the 
final approach course within the distance prescribed in the procedure; 
and
    (2) The pilot in command finds, on reaching the authorized MDA, or 
DA/DH, that the actual weather conditions are at or above the minimums 
prescribed for the procedure being used.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

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

    Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

    11. Amend Sec.  135.225 by revising paragraph (c), as proposed at 
67 FR 77348, Dec. 17, 2002, to read as follows:


Sec.  135.225  IFR: Takeoff, approach, and landing minimums.

* * * * *
    (c) If a pilot has begun the final approach segment of an 
instrument approach to an airport under paragraph (b) of this section, 
and the pilot receives a later weather report indicating that 
conditions have worsened to below the minimum requirements, then the 
pilot may continue the approach only if the requirements of Sec.  
91.175(l) of this chapter, or both of the following conditions, are 
met--
    (1) The later weather report is received when the aircraft is in 
one of the following approach phases:
    (i) The aircraft is on a precision or APV approach and has passed 
the precision final approach fix;
    (ii) The aircraft is on an ASR or PAR final approach and has been 
turned over to the final approach controller; or
    (iii) The aircraft is on a nonprecision final approach and the 
aircraft--
    (A) Has passed the appropriate facility or final approach fix; or
    (B) Where a final approach fix is not specified, has completed the 
procedure turn and is established inbound toward the airport on the 
final approach course within the distance prescribed in the procedure; 
and
    (2) The pilot in command finds, on reaching the authorized MDA or 
DA/DH, that the actual weather conditions are at or above the minimums 
prescribed for the procedure being used.
* * * * *

    Issued in Washington, DC on February 4, 2003.
Louis C. Cusimano,
Acting Director, Flight Standards Service.
[FR Doc. 03-3265 Filed 2-7-03; 8:45 am]
BILLING CODE 4910-13-P