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


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendment.

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

DATES: Effective January 10, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2016, the FAA published a final rule entitled, 
``Revisions to Operational Requirements for the Use of Enhanced Flight 
Vision Systems (EFVS) and to Pilot Compartment View Requirements for 
Vision Systems.'' \1\ In that final rule, which became effective, in 
part, on March 13, 2017, the FAA created new 14 CFR 91.176 to contain 
the operating rules for EFVS operations to touchdown and rollout and 
for EFVS operations to 100 feet above the TDZE. The FAA also 
established training and recent flight experience requirements for 
persons conducting EFVS operations.\2\
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    \1\ 81 FR 90126; corrected at 82 FR 2193, January 9, 2017; 
corrected at 82 FR 9677, February 8, 2017.
    \2\ The FAA notes that the training and recent flight experience 
requirements of Sec.  61.66 will become effective on March 13, 2018.
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    Because part 121 operators authorized to conduct EFVS operations 
were already required to train, check, and qualify their pilots on EFVS 
in accordance with their Operation Specifications, the FAA excepted 
part 121 pilots from the new EFVS recent flight experience 
requirements.\3\ The FAA recognized, however, that the requirement to 
be qualified for EFVS operations by one of the certificate holder's 
check airmen was not as transparent as the requirements to train 
crewmembers on EFVS, which are found within the relevant operating 
rules of 14 CFR. Therefore, the FAA revised appendix F to part 121 to 
provide greater clarity on the checking requirements for EFVS 
operations.
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    \3\ The EFVS recent flight experience and EFVS refresher 
training requirements are contained in Sec.  61.66(d) and (e). 
Section 61.66(h)(3) states that the requirements of paragraph (d) 
and (e) do not apply to a pilot who is employed by a part 119 
certificate holder authorized to conduct operations under part 121, 
125, or 135 when the pilot is conducting an EFVS operation for that 
certificate holder under part 91, 121, 125, or 135, as applicable, 
provided the pilot conducts the operation in accordance with the 
certificate holder's operations specifications for EFVS operations.
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    In amending appendix F to part 121, the FAA included amendatory 
instructions to amend the Table by adding new entry III.(c)(5). 
However, because of the undesignated paragraph following paragraph 
III.(c)(4) in appendix F, it was unclear whether new paragraph 
III(c)(5) should be published before or after the undesignated 
paragraph. When the final rule became effective, paragraph III.(c)(5) 
was inadvertently placed after the undesignated paragraph.

Correction

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

[[Page 1187]]

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

Correcting Amendment

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

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

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

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

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

Appendix F to Part 121--Proficiency Check Requirements

* * * * *

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

[[Page 1188]]

 
    (2) The approach must be
     made to the authorized
     minimum circling
     approach attitude
     followed by a change in
     heading and the
     necessary maneuvering
     by visual reference to
     maintain a flight path
     that permits a normal
     landing on a runway at
     least 90[degrees] from
     the final approach
     course of the simulated
     instrument portion of
     the approach.
    (3) The circling
     approach must be
     performed without
     excessive maneuvering,
     and without exceeding
     the normal operating
     limits of the airplane.
     The angle of bank
     should not exceed
     30[degrees].
If local conditions beyond
 the control of the pilot
 prohibit the maneuver or
 prevent it from being
 performed as required, it
 may be waived as provided
 in Sec.   121.441(d):
 Provided, however, that the
 maneuver may not be waived
 under this provision for
 two successive proficiency
 checks.
The circling approach
 maneuver is not required
 for a second-in-command if
 the certificate holder's
 manual prohibits a second-
 in-command from performing
 a circling approach in
 operations under this part.
(e) Missed Approach
    (1) Each pilot must       ............  ............          * B   ............  ............  ............
     perform at least one
     missed approach from an
     ILS approach...........
    (2) Each pilot in         ............  ............          * P   ............  ............  ............
     command must perform at
     least one additional
     missed approach........
A complete approved missed
 approach procedure must be
 accomplished at least once.
 At the discretion of the
 person conducting a check a
 simulated powerplant
 failure may be required
 during any of the missed
 approaches. These maneuvers
 may be performed either
 independently or in
 conjunction with maneuvers
 required under Sections III
 or V of this appendix. At
 least one missed approach
 must be performed in
 flight.
 
                                                  * * * * * * *
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    Issued under the authority of 49 U.S.C. 106(f) and (g) in 
Washington, DC on January 3, 2018.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2018-00225 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-13-P