[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Rules and Regulations]
[Page 20164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7966]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135


Use of Radar in Instrument Approach Procedures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule corrects an inaccurate cross-reference 
citation in one of the FAA regulations. This correction is necessary to 
direct the reader to the actual paragraph that addresses the use of 
radar in instrument approaches.

DATES: This rule is effective April 15, 2008.

FOR FURTHER INFORMATION CONTACT: Dennis Pratte, 135 Air Carrier 
Operations Branch, AFS-250, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
Telephone No. (202) 493-4971; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 135.211 was added to Title 14 of the Code of Federal 
Regulations on October 10, 1978 (43 FR 46783). Paragraph (a)(2) of this 
section originally contained a cross-reference to paragraph (f) of 14 
CFR 91.116, which addressed the use of radar in instrument approach 
procedures for landings. On August 18, 1989, 14 CFR part 91 was revised 
(54 FR 34294). As part of the revision, the information previously 
contained in Sec.  91.116 transferred to Sec.  91.175. The information 
formerly in Sec.  91.116(f) became Sec.  91.175(i). A second amendment 
on that same day amended Sec.  135.211(a)(2) to change the cross-
reference from Sec.  91.116 to Sec.  91.175 (54 FR 34332). However, the 
Regional Air Cargo Carriers Association informed the FAA that the 
reference to paragraph (f) was not changed to paragraph (i), as it 
should have been. As a result, the current regulations mistakenly refer 
readers to paragraph (f) of Sec.  91.175, which addresses the minimum 
weather conditions for takeoffs under instrument flight rules, instead 
of paragraph (i) of Sec.  91.175, which addresses the use of radar in 
instrument approach procedures for landings. This inaccurate cross-
reference may cause confusion for pilots who are looking for the 
guidance on the use of radar when landing. Therefore, the FAA is 
amending Sec.  135.211(a)(2) to correct this cross-reference.

Technical Amendment

    This technical amendment will correct the cross-reference in Sec.  
135.211(a)(2) to properly refer to Sec.  91.175(i).

Justification for Immediate Adoption

    Because this action corrects an incorrect paragraph reference, the 
FAA finds that notice and public comment under 5 U.S.C. 553(b) is 
unnecessary. For the same reason, the FAA finds that good cause exists 
under 5 U.S.C. 553(d) for making this rule effective upon publication.

List of Subjects in 14 CFR Part 135

    Aircraft, Airmen, Aviation safety.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter I of Title 14, Code of Federal Regulations, part 135, as 
follows:

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(g), 41706, 40113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722, 45101-45105.


Sec.  135.211  [Amended]

0
2. Amend Sec.  135.211(a)(2) by removing the citation ``Sec.  
91.175(f)'' and adding in its place the citation ``Sec.  91.175(i)''.

    Issued in Washington, DC, on April 9, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
 [FR Doc. E8-7966 Filed 4-14-08; 8:45 am]
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