Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65487 

comments on the proposal to the FAA. 

No comments were received. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11C, Airspace Designations and 

Reporting Points, dated August 13, 

2018, and effective September 15, 2018. 

FAA Order 7400.11C is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order 

7400.11C lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

This amendment to Title 14 Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

within a 6.5-mile radius of Sioux 

County Regional Airport, Maurice, IA, 

to accommodate new standard 

instrument approach procedures 

developed for the airport, for the safety 

and management of instrument flight 

rules (IFR) operations. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11C, 

Airspace Designations and Reporting 

Points, dated August 13, 2018, and 

effective September 15, 2018, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE IA E5 Maurice, IA [New] 

Sioux County Regional Airport, IA 

(Lat. 42°59′09′′ N, long. 096°09′41′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Sioux County Regional Airport. 

Issued in Fort Worth, Texas, on December 

13, 2018. 

John Witucki, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–27562 Filed 12–20–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No.: FAA–2017–0782; Amdt. No. 

91–354] 

RIN 2120–AK87 

Use of Automatic Dependent 

Surveillance—Broadcast (ADS–B) Out 

in Support of Reduced Vertical 

Separation Minimum (RVSM) 

Operations 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action revises the FAA’s 

requirements for application to operate 

in RVSM airspace. The amendment 

eliminates the requirement for operators 

to apply for an RVSM authorization 

when their aircraft are equipped with 

qualified ADS–B Out systems and meet 

specific altitude keeping equipment 

requirements for operations in RVSM 

airspace. This action recognizes the 

enhancements in aircraft monitoring 

resulting from the use of ADS–B Out 

systems and responds to requests from 

operators to eliminate the burden and 

expense of the current RVSM 

application process for aircraft equipped 

with qualified ADS–B Out systems. 

DATES: Effective January 22, 2019. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Madison Walton, 

Aviation Safety Inspector, Flight 

Technologies and Procedures Division, 

Flight Standards Services, AFS–400, 

Federal Aviation Administration, 470 

L’Enfant Plaza, Suite 4102, Washington, 

DC 20024; telephone (202) 267–8850; 

email Madison.Walton@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

with respect to aviation safety is found 

in Title 49, United States Code (49 

U.S.C.). Sections 106(f), 40113(a), and 

44701(a) authorize the FAA 

Administrator to prescribe regulations 

necessary for aviation safety. Under 

Section 40103(b), the FAA is charged 

with prescribing regulations to enhance 

the efficiency of the national airspace. 

This rulemaking is within the scope of 

these authorities as it removes 

regulatory requirements that the FAA no 

longer finds necessary for safe 

operations in RVSM airspace and 

establishes requirements for the use of 

qualified ADS–B Out systems to 

facilitate operations in that airspace. 

I. Overview of Final Rule 

This action amends Appendix G of 

part 91 of Title 14 of the Code of Federal 

Regulations (14 CFR) to permit an 

operator of an aircraft equipped with a 

qualified ADS–B Out system meeting 

altitude keeping equipment 

performance requirements for 

operations in RVSM airspace to operate 

in that airspace without requiring a 

specific authorization. Under this 

action, the FAA considers a qualified 

ADS–B Out system to be one that meets 


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the requirements of 14 CFR 91.227. The 

FAA is taking this action based on the 

technological advances provided by 

ADS–B Out systems. As a result of these 

advances, detailed applications and 

specific authorizations for operators of 

these aircraft to conduct operations in 

RVSM airspace are no longer necessary. 

The amendment also removes the 

detailed designations of airspace where 

revised RVSM may be applied that were 

previously found in Appendix G of part 

91. 

II. Background 

Vertical separation standards 

establish the minimum vertical distance 

between aircraft routes in the National 

Airspace System. In the early 1970’s, 

increasing air-traffic volume and fuel 

costs sparked an interest in reducing 

vertical separation standards for aircraft 

operating above Flight Level (FL) 290. 

At the time, the FAA required aircraft 

operating above FL 290 to maintain a 

minimum of 2,000 feet of vertical 

separation between routes. Use of these 

high-altitude routes was desirable 

because the diminished atmospheric 

drag at high altitudes results in a 

corresponding increase in aircraft fuel 

efficiency. Operators sought, and 

continue to seek, not only the most 

direct routes, but also the most efficient 

altitudes for their aircraft. Increased 

demand for these high-altitude routes, 

however, has resulted in greater aircraft 

congestion in this airspace. 

In 1973, the Air Transport Association 

of America petitioned the FAA to 

reduce the vertical separation of high 

altitude routes from 2,000 feet to 1,000 

feet. The FAA denied the petition in 

1977, in part because the technology to 

meet these more rigorous separation 

standards was neither generally 

available nor proven. Deficiencies 

included insufficient aircraft altitudekeeping standards, lack of maintenance 

and operational standards, and limited 

altitude correction technology. 

In mid-1981, the FAA initiated the 

Vertical Studies Program. This program, 

in conjunction with RTCA (formerly the 

Radio Technical Commission for 

Aeronautics) Special Committee (SC)– 

150 and the International Civil Aviation 

Organization (ICAO) Review of General 

Concept of Separation Panel, 

determined: 

• RVSM is ‘‘technically feasible 

without imposing unreasonably 

demanding technical requirements on 

the equipment.’’ 

• RVSM could provide ‘‘significant 

benefits in terms of economy and enroute airspace capacity.’’ 

• Implementation of RVSM would 

require ‘‘sound operational judgment 

supported by an assessment of system 

performance based on: aircraft altitudekeeping capability, operational 

considerations, system performance 

monitoring, and risk assessment.’’ 

Following these determinations, the 

FAA began a two-phase implementation 

process for RVSM operations for aircraft 

registered in the United States. During 

the first phase in 1997, the FAA added 

§ 91.706 (Operations within airspace 

designed as RVSM Airspace) and 

Appendix G (Operations in RVSM 

Airspace) of part 91 (62 FR 17487; Apr. 

9, 1997). Section 91.706 permits 

operators of U.S.-registered aircraft to 

operate in RVSM airspace outside of the 

United States (U.S.) in accordance with 

the provisions of Appendix G. 

Appendix G contains a set of 

operational, design, maintenance, and 

other standards applicable to operators 

seeking to operate in RVSM airspace. It 

specifies a detailed application process 

that requires an operator to provide 

evidence that the operator’s aircraft 

design satisfies RVSM performance 

requirements and the operator has 

policies and procedures for the safe 

conduct of RVSM operations. Until 

recently, it also required that the 

operator have a specific program for the 

maintenance of RVSM systems and 

equipment. The FAA reviews the 

applications and grants authorizations 

to operate in RVSM airspace after 

finding that the applicable requirements 

are met. 

The second phase of RVSM 

implementation occurred in October 

2003, with a second RVSM-related 

rulemaking action (68 FR 61304; Oct. 

27, 2003). This rule introduced RVSM 

airspace in the U.S. and used the same 

authorization process previously 

established under Appendix G of part 

91. As established in 2003, the FAA’s 

RVSM program allows for 1,000 feet of 

vertical separation for aircraft between 

FL 290 and FL 410. Before the 2003 

final rule, air traffic controllers could 

only assign aircraft operating under 

Instrument Flight Rules (IFR) flying at 

FL 290 and above to FL 290, 310, 330, 

350, 370, 390, and 410 since the existing 

vertical separation standard was 2,000 

feet. After the rule changes went into 

effect, IFR aircraft could also fly at FL 

300, 320, 340, 360, 380, and 400—nearly 

doubling capacity within this particular 

segment of airspace. 

The FAA also implemented a 

performance-monitoring program to 

support implementation of RVSM. This 

program included Global Positioning 

System based height-keeping 

monitoring units capable of being 

deployed onboard aircraft during 

individual RVSM flights. Later, in 2005, 

the FAA deployed the first of five 

passive ground-based aircraft geometric 

height measurement element sites in the 

continental U.S. to conduct heightkeeping performance monitoring of 

aircraft passing over each site. Other 

civil aviation authorities throughout the 

world have also developed similar 

height monitoring sites. 

In 2008, the FAA reviewed its RVSM 

program and operator authorization 

policies. At that time, there were more 

than 7,000 active RVSM authorizations, 

covering in excess of 15,000 U.S.- 

registered aircraft. The FAA’s evaluation 

found the existing processes ensured 

compliance with the RVSM operating 

requirements. At the same time 

however, FAA representatives began 

meeting with the National Business 

Aviation Association (NBAA) to 

develop ways to streamline the RVSM 

application process to lower the burden 

on operators to obtain RVSM 

authorizations and reduce the FAA’s 

workload associated with processing 

and granting these authorizations. The 

parties formed the RVSM Process 

Enhancement Team (PET) within the 

Performance Based Aviation 

Rulemaking Committee. The PET 

submitted its final recommendations to 

the FAA in 2013. As a result, the FAA 

revised existing policies and guidance 

to facilitate more efficient processing of 

requests to change existing 

authorizations and created a job aid to 

assist inspectors in standardizing 

reviews of operator applications. 

The FAA also completed rulemaking 

in 2016 to further reduce the burden on 

applicants by eliminating the 

requirement that RVSM applicants 

include an approved RVSM 

maintenance program as part of an 

application for an RVSM authorization 

(81 FR 47009, July 20, 2016). RVSM 

technology has matured and most 

aircraft manufactured today that are 

capable of operating in RVSM airspace 

are delivered from the manufacturer as 

RVSM compliant. RVSM airspace has 

been implemented worldwide, 

familiarity with operational policy and 

procedures has significantly increased, 

and the vast majority of the RVSM 

capable fleet demonstrates excellent 

altimetry system performance. 

Additionally, the increasing equipage of 

aircraft with ADS–B Out systems makes 

the current process of obtaining RVSM 

authorizations for operation of these 

aircraft in RVSM airspace unnecessary, 

as ADS–B Out enables continual 

monitoring of aircraft height-keeping 

performance and rapid notification of 

altimetry system error (ASE). 

Currently operators are required to be 

issued a specific RVSM authorization by 


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the FAA’s Flight Standards Service 

prior to operating in RVSM airspace. 

Until an operator’s application is 

processed and the authorization issued, 

the operator cannot operate in RVSM 

designated airspace, Flight Levels (FL) 

290–410 inclusive. During the 

application processing period, the 

aircraft may only be operated at FL 280 

and below. Aircraft operations at lower 

altitudes are less efficient due to their 

higher fuel burn rates and lower true 

airspeeds. 

A. Summary of the Notice of Proposed 

Rulemaking (NPRM) 

In August 2017, the FAA issued an 

NPRM (82 FR 36697; August 7, 2017) 

that proposed to amend the FAA’s 

application requirements to operate in 

RVSM airspace. In that NPRM, the FAA 

proposed to amend Appendix G of 14 

CFR part 91 to: 

• Add a new Section 9 (Aircraft 

Equipped with Automatic Dependent 

Surveillance-Broadcast Out) to 

authorize operators of aircraft, equipped 

with qualified ADS–B Out systems (i.e., 

systems that meet the requirements of 

§ 91.227) that can be monitored by the 

FAA to conduct RVSM operations 

without submitting an application for an 

authorization to operate in RVSM 

airspace. 

• Revise Section 8 (Airspace 

Designation) acknowledging RVSM is 

now applied worldwide and remove the 

detailed RVSM airspace designations 

from that section. 

The FAA also proposed additional 

conforming amendments to Appendix G 

of part 91 facilitating the addition of the 

approval requirements specified in new 

Section 9 for ADS–B Out equipped 

aircraft. These proposed conforming 

amendments would: 

• Revise Section 1 (Definitions) 

recognizing that RVSM is no longer a 

new concept and that RVSM operations 

have become standard between FL 290 

and FL 410. 

• Revise Section 2 (Aircraft Approval) 

and Section 3 (Operator Authorization) 

to recognize aircraft operators may 

either use the current aircraft approval 

process specified in Section 2 and the 

operator authorization process specified 

in Section 3, or the authorization 

process in new Section 9 for aircraft 

equipped with qualified ADS–B Out 

systems to obtain authorization to 

conduct RVSM operations. 

• Revise Section 3 (Operator 

Authorization) to permit an operator to 

be authorized to conduct flight in 

airspace where RVSM is applied under 

the provisions of this section, as is 

currently permitted, or under the 

provisions of new Section 9. The section 

would also be revised to better express 

the intent of the rule by stating that 

‘‘each pilot has knowledge of RVSM 

requirements, policies, and procedures 

sufficient to conduct operations in 

RVSM airspace.’’ 

• Revise Section 4 (RVSM 

Operations) to require that pilots of 

aircraft of operators who have been 

authorized to conduct RVSM operations 

in accordance with proposed Section 9 

have knowledge of the requirements, 

policies, and procedures sufficient for 

the conduct operations in RVSM 

airspace. 

• Revise Section 5 (Deviation 

Authority Approval) to eliminate the 

specific references to Section 3 since the 

Administrator may authorize deviations 

from the requirements in §§ 91.180 and 

91.706 for a specific flight in RVSM 

airspace for operators who may not meet 

the provisions of current Section 3 or 

proposed Section 9. 

• Revise Section 7 (Removal or 

Amendment of Authority) to eliminate 

specific references to the revocation or 

restriction of RVSM authorizations and 

letters of authorization and replace 

those provisions with a more general 

provision stating that the Administrator 

may prohibit or restrict operation in 

RVSM airspace if an operator fails to 

comply with certain specified 

provisions. 

B. General Overview of Comments 

The comment period for the NPRM 

closed on September 6, 2017. The FAA 

received 16 comments, mostly from 

individual aircraft operators. Other 

commenters included the National 

Business Aviation Association (NBAA), 

the Aircraft Owners and Pilots 

Association (AOPA), and the General 

Aviation Manufacturers Association 

(GAMA). All 16 comments supported 

the rule change with 10 of the 

individual commenters supporting the 

rule’s benefits of reducing the burden to 

operators. Based on the comments 

received, the FAA adopts the 

amendments as proposed with only 

minor non-substantive editorial changes 

to facilitate publication in the Code of 

Federal Regulations. 

III. Discussion of Public Comments and 

Final Rule 

Comments Regarding the Proposal 

All the commenters supported the 

proposal. The majority of the 

commenters, including NBAA, AOPA, 

and GAMA, stated that the reduction in 

regulatory requirements for operator 

authorization would be cost beneficial 

for operators by: 

• Reducing the burden and expense 

of having to make application for 

authorization to operate in RVSM 

airspace; and 

• Allowing operations at RVSM fuelefficient altitudes sooner without 

degrading safety. 

NBAA commented the new rule is a 

logical extension of the work the FAA 

has been doing to further streamline the 

[RVSM authorization] process while 

maintaining the highest levels of safety. 

The FAA notes that this final rule 

eliminates the requirement to make 

application for RVSM authorization if 

an operator chooses to leverage the 

technology gains obtained in ADS–B 

Out equipage, in accordance with 

§§ 91.180 and 91.706, while continuing 

to require that operators meet the 

equipment and performance standards 

specified in Appendix G of part 91. The 

rule provides operators with an 

additional means to obtain 

authorization to operate in RVSM 

airspace but does not change the height 

keeping requirements for operations in 

that airspace. The use of ADS–B Out 

allows the FAA to continually and more 

accurately monitor an aircraft’s height 

keeping performance in RVSM airspace 

thereby providing the agency with the 

ability to more rapidly mitigate the risks 

posed by poor performing aircraft. The 

FAA believes that these changes not 

only reduce operator and FAA workload 

and expense, but also accomplish these 

objectives with no additional risk or 

impact on the level of safety provided 

by the FAA’s current RVSM 

authorization process. 

AOPA commented that the proposed 

modifications to part 91 will result in 

significant cost and time savings for 

general aviation and the FAA, while 

ensuring no degradation to safety. The 

FAA has determined the current fleet of 

RVSM approved aircraft consistently 

meets FAA established safety standards 

for operations in RVSM airspace. The 

FAA notes that aircraft equipped with 

qualified ADS–B Out systems may 

conduct operations in airspace where 

the FAA has ADS–B coverage sufficient 

to confirm RVSM height-keeping 

performance, under the provisions of 

new Section 9 of Appendix G, 

immediately upon the effective date of 

this rule. However, an operator may still 

operate with an authorization issued 

under the provisions of Section 3 of 

Appendix G if its aircraft is not 

equipped with a qualified ADS–B Out 

system. The FAA also notes that if a 

foreign country requires a specific 

authorization to operate in RVSM 

airspace, as specified in ICAO Annex 6, 

an operator may need to seek 

authorization under the provisions of 

Section 3, even if it meets the provisions 

of Section 9. 


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GAMA supported the proposed 

changes and commented that the rule 

further builds on prior discussions 

between the FAA and industry to 

streamline and reduce the burden of the 

operational authorization process for 

general aviation operators. GAMA stated 

that it helps provide additional 

NextGen-driven benefits to the industry. 

NBAA commented that operating in 

RVSM airspace has become very 

common and an integral part of 

operating aircraft in their most efficient 

state. The FAA agrees that adopting the 

proposed rule changes will increase 

safety in RVSM airspace where ADS–B 

monitoring is available and reduce 

delays in receiving approval for 

operations in RVSM airspace. 

There were 10 additional individual 

commenters who expressed strong 

support for this action with similar 

statements recognizing the 

‘‘cumbersome and costly’’ RVSM 

authorization process and that the core 

benefits of compressing high-level 

airspace have been offset by long delays 

in the FAA review and authorization 

process. 

The FAA agrees with the commenters 

that the general aviation community 

will obtain significant benefits from this 

action, including that the rule takes an 

important step in removing an approval 

process that is no longer justifiable as 

pilots equip with advanced NextGen 

technology. 

Other Comments 

One commenter stated that the 

proposal was ‘‘a good start’’ but did not 

go far enough and there should be no 

RVSM authorization at all. In the 

NPRM, the FAA only proposed to 

remove the requirement to submit an 

application for RVSM authorization if 

an aircraft is equipped with a qualified 

ADS–B Out system. The FAA did not 

propose to eliminate the authorization 

requirement in §§ 91.180 or 91.706 and 

considers the commenter’s 

recommendation outside the scope of 

this rulemaking. The FAA notes that 

ICAO Annex 6 continues to require that 

an airplane used to conduct operations 

in RVSM airspace be specifically 

authorized to conduct those operations 

by the State of the operator or State of 

registry, as applicable. The annex 

further specifies that prior to issuing the 

authorization, the issuing State must be 

satisfied that the vertical performance of 

the airplane meets applicable heightkeeping requirements and that the 

operator has instituted appropriate 

flightcrew operating procedures and 

procedures for continued airworthiness 

of the airplane. 

One commenter was concerned about 

eliminating the authorization due to the 

potential for transponder failure and felt 

that the FAA should conduct further 

review of ADS–B and transponder 

failure issues. The FAA notes that the 

ADS–B Out equipment requirement in 

Section 9(a)(5) is necessary for aircraft 

height-keeping performance monitoring 

and that failure of an aircraft’s 

transponder does not hinder the ability 

of the aircraft to maintain the requisite 

aircraft height-keeping capability in 

RVSM airspace. Transponder failure 

procedures in RVSM airspace are 

addressed in FAA and ICAO guidance 

material. 

One commenter stated the use of 

ADS–B technology will deconflict 

aircraft within RVSM airspace without 

the need for expensive altimetry 

instruments. The FAA notes that for an 

aircraft to be eligible for operations in 

RVSM airspace it must meet strict 

height-keeping performance standards. 

ADS–B Out provides information used 

to determine an aircraft’s ASE. ADS–B 

alone does not provide operators with 

the requisite height-keeping capability 

to conduct operations in RVSM airspace 

safely. Accordingly, the installation of a 

qualified ADS–B Out system in an 

aircraft that does not have the altitudekeeping capability necessary to meet 

RVSM performance requirements would 

not permit that aircraft to operate in 

RVSM airspace. 

Recent Regulatory Actions 

As discussed in the ‘‘Background’’ 

section of this document, RVSM was 

implemented regionally in a phased 

approach. Section 8 (Airspace 

Designation) of Appendix G was 

initially designed to be updated 

whenever regions added RVSM 

airspace. The inability to update these 

designations rapidly caused 

discrepancies between the airspace 

listed in Section 8 of Appendix G and 

the airspace in which RVSM had been 

applied. Today, however, RVSM has 

been established between FL 290 and FL 

410 in all flight information regions and 

requirements have been harmonized 

throughout ICAO member States. 

The FAA recently amended the 

airspace designations in Section 8 of 

Appendix G by only revising the name 

of the North Atlantic airspace (82 FR 

39660; Aug. 22, 2017). Since the action 

in this rule was pending at the time, it 

would have been inconsistent for the 

FAA to make all the other changes in 

that rule while leaving out the change 

to Section 8 of Appendix G in 

anticipation of the changes made by this 

rule. Accordingly, there is no longer a 

need to update the airspace designations 

listed in Section 8. The amendment to 

this section acknowledges RVSM is now 

applied worldwide and removes the 

detailed RVSM airspace designations 

from that section, as proposed. 

C. Changes From the NPRM 

The FAA has made no changes to the 

proposal as set forth in the NPRM other 

than minor non-substantive editorial 

changes to facilitate publication in the 

Code of Federal Regulations. 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, Local, or Tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995; 

current value is $155 million). This 

portion of the preamble summarizes the 

FAA’s analysis of the economic impacts 

of this final rule. We suggest readers 

seeking greater detail read the full 

regulatory evaluation, a copy of which 

we have placed in the docket for this 

rulemaking. 

In conducting these analyses, the FAA 

has determined that this final rule: (1) 

Has benefits that justify its costs, (2) is 

not an economically ‘‘significant 

regulatory action’’ as defined in Section 

3(f) of Executive Order 12866, (3) is 

‘‘nonsignificant’’ as defined in DOT’s 

Regulatory Policies and Procedures; (4) 

will not have a significant economic 

impact on small entities; (5) will not 

create unnecessary obstacles to the 

foreign commerce of the United States; 

and (6) will not impose an unfunded 


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mandate on State, Local, or Tribal 

governments, or on the private sector by 

exceeding the threshold identified 

above. These analyses are summarized 

below. 

i. Who is potentially affected by this 

rule? 

All operators intending to conduct 

operations between FL 290 and FL 410 

(RVSM designated Airspace) and have 

1,000 feet vertical separation applied. 

This applies to operations conducted 

under parts 91, 121, 125, and 135. 

ii. Assumptions 

• Present value estimates based on 

OMB guidance using a 7 percent 

discount rate. 

• The benefits begin to accrue in 

2019. 

• The analysis period is 5 years from 

2019 to 2023. 

iii. Benefits and Cost Savings of This 

Rule 

The final rule will permit an operator 

of an aircraft meeting equipment 

requirements for operations in RVSM 

airspace and equipped with a qualified 

ADS–B Out system to operate in RVSM 

airspace without requiring application 

for a specific authorization. This 

rulemaking will eliminate this 

application requirement, thereby 

reducing both operators’ costs and FAA 

workload, while maintaining the 

existing level of safety. The biggest 

savings comes not from the paperwork 

savings but from fuel savings. Currently, 

operators without RVSM approval must 

operate their airplanes at lower 

altitudes. 

Total savings during the first 5 years 

of the rule’s implementation will be 

approximately $34.0 million or $27.5 

million present value at 7 percent, with 

annualized savings of $6.7 million. 

B. Final Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration. The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule has a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it does, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

Section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. The FAA 

estimates that this rulemaking saves 

each affected small entity operating 

aircraft equipped with qualified ADS–B 

Out systems under part 91 and part 135 

$1,630 from not having to apply for an 

RVSM authorization and from reduced 

fuel cost associated with not being 

restricted from RVSM operations while 

the authorization is processed. The total 

relief of $1,630 for each part 91 and part 

135 operator seeking authorization for 

aircraft equipped with ADS–B Out is the 

sum of the estimated $214 per 

application preparation relief, plus the 

per aircraft fuel savings estimate of 

$1,416. The FAA then compared this 

cost saving with a weighted average 

aircraft value of representative aircraft 

potentially be affected by this rule (See 

following table). 

Owners of new turbojet or turboprop 

airplanes receive a benefit of $1,630 per 

new airplane. For new turbojet or 

turboprop airplanes whose value 

exceeds $3 million, the cost savings of 

less than $2,000 is not economically 

significant. 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

Section 605(b) of the RFA. Therefore, as 

provided in Section 605(b), the head of 

the FAA certifies that this rulemaking 

will not result in a significant economic 

impact on a substantial number of small 

entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards, and where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this rule and 

determined that it has the same impact 

on domestic and international entities 

and thus has a neutral trade impact. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 


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requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any 1 year by State, 

Local, and Tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of $155 

million in lieu of $100 million. This 

rule does not contain such a mandate; 

therefore, the requirements of Title II of 

the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

As described in the regulatory 

evaluation, this rule will relieve the 

existing RVSM information collection 

burden for certain operators. Under 

currently approved information 

requirements (OMB 2120–0679), 

operators seeking approval to conduct 

RVSM operations must submit 

application to the FAA for 

authorization. This rule change will 

eliminate the application requirement 

for operators choosing to equip their 

aircraft with qualified ADS–B Out 

systems. As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), the FAA will submit 

information collection amendments to 

OMB for its review after publication of 

this final rule. Notice of OMB approval 

of this revised information collection 

will be published in the Federal 

Register. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

V. Executive Order Determinations 

A. Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

This rule is an Executive Order 13771 

titled ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ 

deregulatory action. Details on the 

estimated costs savings of this rule can 

be found in the rule’s economic 

analysis. 

B. Executive Order 13132, Federalism 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 13132, Federalism. The agency 

has determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

will not have Federalism implications. 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it will not 

be a ‘‘significant energy action’’ under 

the executive order and will not be 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

VI. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

internet—Search the Federal 

eRulemaking Portal (http://

www.regulations.gov); 

1. Visit the FAA’s Regulations and 

Policies web page at http://

www.faa.gov/regulations_policies/ or 

2. Access the Government Printing 

Office’s web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue SW, 

Washington, DC 20591, or by calling 

(202) 267–9677. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s 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.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the internet, visit http://

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Aircraft, Air traffic control, Aviation 

safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 91 as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 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, Public Law 114–190, 

135 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). 

■ 2. Amend Appendix G to part 91: 

■ a. In Section 1 by revising the 

definition of Reduced Vertical 

Separation Minimum (RVSM) Airspace; 

■ b. In Section 2 by revising paragraph 

(a); 

■ c. In Section 3 by revising paragraphs 

(a), (b) introductory text, (c) 

introductory text, and (c)(2); 

■ d. In Section 4 by revising paragraphs 

(b)(1) and (2) and adding paragraph 

(b)(3); 

■ e. In Section 5 by revising the 

introductory text and paragraph (b); 

■ f. In Section 7 by revising the 

introductory text; 

■ g. By revising Section 8; and 

■ h. By adding Section 9. 

The revisions and additions read as 

follows: 


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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65493 

Appendix G to Part 91—Operations in 

Reduced Vertical Separation Minimum 

(RVSM) Airspace 

Section 1. Definitions 

Reduced Vertical Separation Minimum 

(RVSM) Airspace. Within RVSM airspace, air 

traffic control (ATC) separates aircraft by a 

minimum of 1,000 feet vertically between FL 

290 and FL 410 inclusive. Air-traffic control 

notifies operators of RVSM airspace by 

providing route planning information. 

* * * * * 

Section 2. Aircraft Approval 

(a) Except as specified in Section 9 of this 

appendix, an operator may be authorized to 

conduct RVSM operations if the 

Administrator finds that its aircraft comply 

with this section. 

* * * * * 

Section 3. Operator Authorization 

(a) Except as specified in Section 9 of this 

appendix, authority for an operator to 

conduct flight in airspace where RVSM is 

applied is issued in operations specifications, 

a Letter of Authorization, or management 

specifications issued under subpart K of this 

part, as appropriate. To issue an RVSM 

authorization under this section, the 

Administrator must find that the operator’s 

aircraft have been approved in accordance 

with Section 2 of this appendix and the 

operator complies with this section. 

(b) Except as specified in Section 9 of this 

appendix, an applicant seeking authorization 

to operate within RVSM airspace must apply 

in a form and manner prescribed by the 

Administrator. The application must include 

the following: 

* * * * * 

(c) In a manner prescribed by the 

Administrator, an operator seeking 

authorization under this section must 

provide evidence that: 

* * * * * 

(2) Each pilot has knowledge of RVSM 

requirements, policies, and procedures 

sufficient for the conduct of operations in 

RVSM airspace. 

Section 4. RVSM Operations 

* * * * * 

(b) * * * 

(1) The operator is authorized by the 

Administrator to perform such operations in 

accordance with Section 3 or Section 9 of 

this appendix, as applicable. 

(2) The aircraft— 

(i) Has been approved and complies with 

Section 2 this appendix; or 

(ii) Complies with Section 9 of this 

appendix. 

(3) Each pilot has knowledge of RVSM 

requirements, policies, and procedures 

sufficient for the conduct of operations in 

RVSM airspace. 

Section 5. Deviation Authority Approval 

The Administrator may authorize an 

aircraft operator to deviate from the 

requirements of §§ 91.180 or 91.706 for a 

specific flight in RVSM airspace if— 

* * * * * 

(b) At the time of filing the flight plan for 

that flight, ATC determines that the aircraft 

may be provided appropriate separation and 

that the flight will not interfere with, or 

impose a burden on, RVSM operations. 

* * * * * 

Section 7. Removal or Amendment of 

Authority 

The Administrator may prohibit or restrict 

an operator from conducting operations in 

RVSM airspace, if the Administrator 

determines that the operator is not 

complying, or is unable to comply, with this 

appendix or subpart H of this part. Examples 

of reasons for amendment, revocation, or 

restriction include, but are not limited to, an 

operator’s: 

* * * * * 

Section 8. Airspace Designation 

RVSM may be applied in all ICAO Flight 

Information Regions (FIRs). 

Section 9. Aircraft Equipped With Automatic 

Dependent Surveillance—Broadcast Out 

An operator is authorized to conduct flight 

in airspace in which RVSM is applied 

provided: 

(a) The aircraft is equipped with the 

following: 

(1) Two operational independent altitude 

measurement systems. 

(2) At least one automatic altitude control 

system that controls the aircraft altitude— 

(i) Within a tolerance band of ±65 feet 

about an acquired altitude when the aircraft 

is operated in straight and level flight under 

nonturbulent, nongust conditions; or 

(ii) Within a tolerance band of ±130 feet 

under nonturbulent, nongust conditions for 

aircraft for which application for type 

certification occurred on or before April 9, 

1997, that are equipped with an automatic 

altitude control system with flight 

management/performance system inputs. 

(3) An altitude alert system that signals an 

alert when the altitude displayed to the 

flightcrew deviates from the selected altitude 

by more than— 

(i) ±300 feet for aircraft for which 

application for type certification was made 

on or before April 9, 1997; or 

(ii) ±200 feet for aircraft for which 

application for type certification is made 

after April 9, 1997. 

(4) A TCAS II that meets TSO C–119b 

(Version 7.0), or a later version, if equipped 

with TCAS II, unless otherwise authorized by 

the Administrator. 

(5) Unless authorized by ATC or the 

foreign country where the aircraft is 

operated, an ADS–B Out system that meets 

the equipment performance requirements of 

§ 91.227 of this part. The aircraft must have 

its height-keeping performance monitored in 

a form and manner acceptable to the 

Administrator. 

(b) The altimetry system error (ASE) of the 

aircraft does not exceed 200 feet when 

operating in RVSM airspace. 

Issued under authority provided by 49 

U.S.C. 106(f), 40103(b), 40113(a), and 

44701(a) in Washington, DC, on December 

10, 2018. 

Daniel K. Elwell, 

Acting Administrator. 

[FR Doc. 2018–27401 Filed 12–20–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2012–N–1210] 

Food Labeling; Revision of the 

Nutrition and Supplement Facts 

Labels; Technical Amendments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending the regulations pertaining to 

the Nutrition Facts and Supplement 

Facts labels. The amendments correct 

errors that were made in labeling 

examples, restore incorrect deletions, 

correct the edition of a reference cited 

in the rule, and correct cross-references 

to other regulations. This action is 

ministerial or editorial in nature. 

DATES: This rule is effective December 

21, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Mark Kantor, Center for Food Safety and 

Applied Nutrition, Food and Drug 

Administration, 5001 Campus Dr., 

College Park, MD 20740, 240–402–2082. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of May 27, 

2016 (81 FR 33742 and 81 FR 34000), 

we published two final rules entitled 

‘‘Food Labeling: Revision of the 

Nutrition and Supplement Facts Labels’’ 

(the Nutrition Facts Label Final Rule) 

and ‘‘Food Labeling: Serving Sizes of 

Foods That Can Reasonably Be 

Consumed At One Eating Occasion; 

Dual-Column Labeling; Updating, 

Modifying, and Establishing Certain 

Reference Amounts Customarily 

Consumed; Serving Size for Breath 

Mints; and Technical Amendments’’ 

(the Serving Size Final Rule). The 

Nutrition Facts Label Final Rule revises 

the Nutrition Facts label by: 

• Removing the declaration of ‘‘Calories 

from fat’’ because current science supports a 

view that the type of fat is more relevant than 

overall total fat intake in increased risk of 

chronic diseases; 


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