[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10567-10568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04888]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2013-0485; Amdt. No. 91-345B]
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; correction; 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 inadvertently removed some 
regulatory text. This document corrects that error. Additionally, this 
document corrects the same error in an amendatory instruction of the 
EFVS final rule to ensure the correction to the regulation is retained 
when the regulation is subsequently amended on March 13, 2018.

DATES: The correcting amendment (amendatory instruction 2) is effective 
March 12, 2018. The correction to the final rule published at 81 FR 
90126 (December 13, 2016), and delayed at 82 FR 9677 (February 8, 2017) 
is effective March 13, 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\ Prior to that final rule, the operating rules for 
EFVS operations to 100 feet above the TDZE were contained in Sec.  
91.175(l) and (m). In the EFVS 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.
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    \1\ 81 FR 90126; corrected at 82 FR 2193, January 9, 2017; 
delayed at 82 FR 9677, February 8, 2017; corrected at 83 FR 1186, 
January 10, 2018; corrected at 83 FR 4420, January 31, 2018.
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    As explained in the preamble to the final rule, the FAA provided an 
adequate transition period for operators and pilots conducting EFVS 
operations to 100 feet above the touchdown zone elevation.\2\ During 
this transition period, which concludes on March 13, 2018, a pilot may 
comply with either Sec.  91.175(l) and (m) or Sec.  91.176(b). 
Beginning on March 13, 2018, persons conducting EFVS operations to 100 
feet above the TDZE must comply with Sec.  91.176(b).
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    \2\ 81 FR at 90154.
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    Section 91.175(e)(1) included a cross-reference to Sec.  91.175(l) 
prior to the final rule. To accommodate the transition period, the FAA 
made a conforming amendment to Sec.  91.175(e)(1), effective March 13, 
2017, by adding a cross-reference to Sec.  91.176. Additionally, to 
conform with the conclusion of the transition period, the FAA included 
instructions to amend Sec.  91.175(e)(1), effective March 13, 2018, by 
removing the cross-reference to Sec.  91.175(l).
    Prior to the EFVS final rule, Sec.  91.175(e)(1) allowed a pilot 
operating an aircraft, except a military aircraft of the United States, 
to immediately execute an appropriate missed approach procedure 
whenever operating under Sec.  91.175(c) or (l) and the requirements of 
that paragraph are not met at either of the following times: (i) When 
the

[[Page 10568]]

aircraft is being operated below MDA; or (ii) upon arrival at the 
missed approach point, including a DA/DH where a DA/DH is specified and 
its use is required, and at any time after that until touchdown.
    In amending Sec.  91.175(e)(1), the FAA did not intend to remove 
paragraphs (e)(1)(i) and (ii), which identify the following times 
referred to in paragraph (e)(1). However, the amendatory instruction 
advised the Office of the Federal Register to revise Sec.  91.175(e)(1) 
and the regulatory text that accompanied the amendatory instruction 
failed to include paragraphs (e)(1)(i) and (ii). As a result, 
paragraphs (e)(1)(i) and (ii) were inadvertently removed from Sec.  
91.175. This error also occurs in amendatory instruction 18, which will 
amend Sec.  91.175(e)(1) effective March 13, 2018.
    The FAA intended only to update the cross references in Sec.  
91.175(e)(1) to coincide with the transition period and did not intend 
to remove paragraphs (e)(1)(i) and (ii). The FAA is therefore revising 
Sec.  91.175(e)(1) by reinstating paragraphs (e)(1)(i) and (ii) 
accordingly. Additionally, in amendatory instruction 18 of the EFVS 
final rule,\3\ the FAA corrects the revisions to Sec.  91.175(e)(1) by 
including the text of paragraphs (e)(1)(i) and (ii). These corrections 
ensure the paragraphs are retained when the cross-reference to Sec.  
91.175(l) is removed on March 13, 2018.
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    \3\ 81 FR at 90172.
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    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.

Federal Register Correction

    Effective March 13, 2018, in rule document 2016-28714 at 81 FR 
90126 in the issue of December 13, 2016, on page 90172, in the third 
column, in amendatory instruction 18, paragraph (e)(1) is corrected to 
read as follows:

Sec.  91.175 [Corrected]

    (e) * * *
    (1) Whenever operating an aircraft pursuant to paragraph (c) of 
this section or Sec.  91.176 of this part, and the requirements of that 
paragraph or section are not met at either of the following times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DA/DH 
where a DA/DH is specified and its use is required, and at any time 
after that until touchdown.

List of Subjects in 14 CFR Part 91

    Air carrier, Air taxis, Aircraft, Airmen, Aviation safety, 
Transportation.

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 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
2. In Sec.  91.175, revise paragraph (e)(1) to read as follows:


Sec.  91.175   Takeoff and landing under IFR.

* * * * *
    (e) * * *
    (1) Whenever operating an aircraft pursuant to paragraph (c) or (l) 
of this section or Sec.  91.176 of this chapter, and the requirements 
of that paragraph or section are not met at either of the following 
times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DA/DH 
where a DA/DH is specified and its use is required, and at any time 
after that until touchdown.
* * * * *

    Issued under the authority of 49 U.S.C. 106(f) and (g) and 
44701(a) in Washington, DC, on March 6, 2018.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2018-04888 Filed 3-9-18; 8:45 am]
 BILLING CODE 4910-13-P