```

[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34935-34958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13454]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / 
Proposed Rules

[[Page 34935]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 23, 25, 27, 29, 61, 91, 121, 125, and 135

[Docket No.: FAA-2013-0485; Notice No. 1209]
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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA is proposing to permit 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 to the 
runway and land on certain straight-in instrument approach procedures 
under instrument flight rules (IFR). This proposal would also permit 
certain operators using EFVS-equipped aircraft to dispatch, release, or 
takeoff under IFR, and to initiate and continue an approach, when the 
destination airport weather is below authorized visibility minimums for 
the runway of intended landing. Under this proposal, pilot training, 
recent flight experience, and proficiency would be required for 
operators who use EFVS in lieu of natural vision to descend below 
decision altitude, decision height, or minimum descent altitude. EFVS-
equipped aircraft conducting operations to touchdown and rollout would 
be required to meet additional airworthiness requirements. This 
proposal would also revise pilot compartment view certification 
requirements for vision systems using a transparent display surface 
located in the pilot's outside view. The proposal would take advantage 
of advanced vision capabilities thereby achieving the NextGen goals of 
increasing access, efficiency, and throughput at many airports when low 
visibility is the limiting factor. Additionally, it would enable EFVS 
operations in reduced visibilities on a greater number of approach 
procedure types while maintaining an equivalent level of safety.

DATES: Send comments on or before September 9, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0485 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: In accordance with 5 USC 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Terry King, Flight Technologies and Procedures 
Division, AFS-400, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 385-4586; email Terry.King@faa.gov.
    For legal questions concerning this proposed rule contact Paul G. 
Greer, Office of the Chief Counsel, Regulations Division, AGC-200, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-3073; email 
Paul.G.Greer@faa.gov.

SUPPLEMENTARY INFORMATION: See the ``Additional Information'' section 
for information on how to comment on this proposal and how the FAA will 
handle comments received. The ``Additional Information'' section also 
contains related information about the docket and the handling of 
proprietary or confidential business information. In addition, there is 
information on obtaining copies of related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 40103, which vests the Administrator with broad authority to 
prescribe regulations to ensure the safety of aircraft and the 
efficient use of airspace, and 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promulgate regulations and minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security.

List of Abbreviations and Acronyms Frequently Used In This Document

AEG Aircraft Evaluation Group
ASR Airport surveillance radar
CAA Civil aviation authority
DA Decision altitude
DH Decision height
EASA European Aviation Safety Agency
EFVS Enhanced Flight Vision System
FAF Final approach fix
FSB Flight Standardization Board
FPARC Flight path angle reference cue
FPV Flight path vector
HUD Head up display
IAP Instrument approach procedure
ILS Instrument landing system
IFR Instrument flight rules
IR Infrared
LOA Letter of authorization
LODA Letter of deviation authority
MASPS Minimum aviation system performance standards

[[Page 34936]]

MDA Minimum descent altitude
MSpec Management specification
NextGen Next Generation Air Transportation System
NOTAM Notice to airmen
NTSB National Transportation Safety Board
OEM Original equipment manufacturer
OpSpec Operation specification
PAR Precision approach radar
PIC Pilot in Command
RVR Runway visual range
VFR Visual flight rules

Table of Contents

I. Overview of Proposed Rule
II. Background
    A. History
    B. Statement of the Problem
    C. Related Actions
III. Discussion of the Proposal
    A. Revise the definition for EFVS and add a definition for EFVS 
operation (Sec.  1.1)
    B. Consolidate EFVS requirements in part 91 in a new section 
(Sec.  91.176)
    C. Establish equipment, operating, and visual reference 
requirements for EFVS operations to touchdown and rollout (Sec.  
91.176(a))
    D. Revise current requirements for EFVS operations to 100 feet 
(Sec.  91.176(b))
    E. Establish training requirements for persons conducting EFVS 
operations (Sec.  61.31)
    F. Establish new recent flight experience and proficiency 
requirements for persons conducting EFVS operations (Sec.  61.57)
    G. Permit EFVS-equipped aircraft to be dispatched, released, or 
to initiate a flight when the reported or forecast visibility at the 
destination airport is below authorized minimums (Sec. Sec.  
121.613, 121.615, 125.361, 125.363, 135.219)
    H. Permit operators of EFVS-equipped aircraft to initiate or 
continue an approach when the destination airport visibility is 
below authorized minimums (Sec. Sec.  121.651, 125.325, 125.381, 
135.225)
    I. Revise Category II and III general operating rules to permit 
the use of an EFVS (Sec.  91.189)
    J. Revise pilot compartment view rules to establish 
airworthiness standards for vision systems with transparent displays 
located in the pilot's outside view (Sec. Sec.  23.773, 25.773, 
27.773, and 29.773)
    K. Related Amendments (Sec. Sec.  91.175, 91.189, and 91.905)
    L. Conforming Amendments (Sec. Sec.  91.175 and 91.189)
    M. Implementation
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
V. Executive Order Determinations
    A. Executive Orders 12866 and 13563
    B. Executive Order 13132, Federalism
    C. Executive Order 13211, Regulations that Significantly Affect 
Energy Supply, Distribution, or Use
VI. Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents
VII. The Proposed Amendment

I. Overview of Proposed Rule

    Regulations pertaining to EFVS can be found in Title 14, Code of 
Federal Regulations (14 CFR) 1.1, 91.175(l) and (m), 121.651(c) and 
(d), 125.381(c), and 135.225(c). Section 91.175(l) authorizes the use 
of EFVS to determine that the enhanced flight visibility is at least 
the minimum prescribed for the approach being flown, and to identify 
the visual references that must be observed in order to descend below 
decision altitude/decision height (DA/DH) or minimum descent altitude 
(MDA) to 100 feet above the touchdown zone elevation. Natural vision 
must be used below 100 feet. Sections 121.651(c), 125.325, 125.381(c), 
and 135.225(c) place additional limitations on air carriers and 
commercial operators using EFVS.
    Under current regulations, an EFVS can be used in lieu of natural 
vision to descend below DA/DH or MDA down to 100 feet above touchdown 
zone elevation on certain instrument approach procedures, provided 
specific regulatory conditions are met. When the destination airport 
weather is forecast or reported to be below authorized minimums at the 
estimated time of arrival, persons conducting operations under parts 
121, 125, and 135 have certain dispatch, flight release, and IFR 
takeoff limitations as well as limitations related to initiating an 
approach, continuing an approach beyond the final approach fix (FAF), 
or beginning the final approach segment of an instrument approach 
procedure. The FAA proposes to revise the regulations to specify 
additional conditions under which an aircraft equipped with EFVS can be 
dispatched, released, or permitted to take off. It would also specify 
the conditions under which an operator of an EFVS-equipped aircraft may 
begin an approach when the weather is reported to be below authorized 
minimums. Additionally, it would permit an EFVS to be used to continue 
descent below 100 feet above the touchdown zone elevation when the 
required visual references can be observed using the EFVS.
    Currently, part 61 does not contain any training or recent flight 
experience requirements to conduct EFVS operations. To ensure that an 
appropriate level of safety is maintained for all EFVS operations, the 
FAA proposes to amend part 61 to require initial training as well as 
new recent flight experience and proficiency requirements for persons 
conducting EFVS operations.
    Current regulations also specify that no pilot operating an 
aircraft on a Category II or Category III approach that requires the 
use of a DA/DH may continue the approach below the authorized decision 
height using an EFVS in lieu of natural vision. The FAA also proposes 
to amend the regulations to permit an EFVS to be used during Category 
II and Category III approaches.
    Additionally, the FAA uses special conditions issued under Sec.  
21.16 to approve vision systems in type certificated aircraft. The FAA 
proposes to eliminate the need to issue special conditions for these 
systems by revising the pilot compartment view certification 
requirements in the airworthiness standards found in parts 23, 25, 27, 
and 29.
    Following is a detailed overview of the proposed amendments:
     Section 1.1 would be amended to better define the 
components of an EFVS and to define the term ``EFVS operation.''
     Sections 23.773, 25.773, 27.773, and 29.773 would be 
amended to establish certification requirements for vision systems with 
a transparent display surface located in the pilot's outside view.
     Section 61.31 would be amended to require training for 
EFVS operations.
     Section 61.57 would be amended to require recent flight 
experience or a proficiency check for a person conducting an EFVS 
operation or acting as pilot in command (PIC) during an EFVS operation.
     Sections 91.175 (l) and (m), which contain the existing 
EFVS regulations, would be redesignated as proposed Sec.  91.176. The 
FAA proposes to place all EFVS regulations contained in part 91, except 
those pertaining to Category II and III operations, in a single new 
section for organizational and regulatory clarity.
     Section 91.189 would be amended to permit an EFVS to be 
used to identify the visual references required to continue an approach 
below the authorized decision height during Category II and Category 
III approaches.
     Section 91.905 would be amended to add Sec.  91.176 to the 
list of rules subject to waiver.
     Sections 121.613 and 121.615 would be amended to expand 
the conditions under which an EFVS can be used to dispatch or flight 
release an aircraft when the visibility is forecast or reported to be 
below authorized minimums for a destination airport.
     Section 121.651 would be amended to permit the pilot of an 
EFVS-equipped

[[Page 34937]]

aircraft to continue an approach past the FAF or to begin the final 
approach segment of an instrument approach procedure when the weather 
is reported to be below authorized visibility minimums. Section 121.651 
would also be amended to permit EFVS-equipped part 121 operators to 
conduct EFVS operations in accordance with proposed Sec.  91.176 and 
their operations specifications issued for EFVS operations.
     Sections 125.361 and 125.363 would be amended to permit 
flight release for EFVS-equipped aircraft when weather reports or 
forecasts indicate that arrival weather conditions at the destination 
airport will be below authorized minimums.
     Sections 125.325 and 125.381 would be amended to permit 
the pilot of an EFVS-equipped aircraft to execute an instrument 
approach procedure when the weather is reported to be below authorized 
visibility minimums. Section 125.381 would also be amended to permit 
EFVS-equipped part 125 operators to conduct EFVS operations in 
accordance with proposed Sec.  91.176 and their operations 
specifications.
     Section 135.219 would be amended to permit flights to be 
initiated for EFVS-equipped aircraft when weather reports or forecasts 
indicate that arrival weather conditions at the destination airport 
will be below authorized minimums.
     Section 135.225 would be amended to permit the pilot of an 
EFVS-equipped aircraft to initiate an instrument approach procedure 
when the reported visibility is below the authorized visibility 
minimums for the approach. Section 135.225 would also be amended to 
permit EFVS-equipped part 135 operators to conduct EFVS operations in 
accordance with proposed Sec.  91.176 and their operations 
specifications issued for EFVS operations.
     Additional amendments would be made to conform to the 
proposed regulatory changes.
    Each of these proposed amendments is discussed in detail in the 
sections that follow. The FAA has attempted to use regulatory language 
that is performance-based and not limited to a specific sensor 
technology. The FAA believes this action would accommodate future 
growth in real-time sensor technologies used in most enhanced vision 
systems. The proposal would maximize the benefits of rapidly evolving 
instrument approach procedures and advanced flight deck technology to 
increase access and capacity during low visibility operations. The 
proposal is consistent with the agency's Next Generation Air 
Transportation System (NextGen) goals and operational improvements. An 
operator's decision to equip with EFVS is voluntary; however, the 
operator would be required to conduct EFVS operations in accordance 
with this proposal.
    EFVS-equipped aircraft conducting operations to touchdown and 
rollout would be required to meet additional airworthiness 
requirements. Only enhanced flight vision systems that utilize a real-
time image of the external scene topography would be addressed by the 
operational requirements proposed in this notice. Synthetic vision 
systems, which use a computer-generated image of the external scene 
topography from the perspective of the flight deck derived from 
aircraft attitude, a high precision navigation solution, and a database 
of terrain, obstacles and relevant cultural features, would not be 
addressed by the operating requirements set forth in this proposal. 
Synthetic vision systems with a transparent display surface located in 
the pilot's outside view, however, would be subject to the 
airworthiness standards in proposed Sec. Sec.  23.773, 25.773, 27.773, 
and 29.773 as applicable.
    This proposal also does not address EFVS use for takeoff. Section 
91.175(f) prescribes civil airport takeoff minimums which are 
applicable to persons conducting operations under parts 121, 125, 129, 
or 135. This section makes provision for the Administrator to authorize 
takeoff minimums other than the minimums prescribed in Sec.  91.175(f). 
Therefore, no regulatory amendments are proposed to enable EFVS to be 
used for takeoff because these operations can be authorized through 
existing processes.

II. Background

A. History

    An EFVS uses a head-up display (HUD) to provide flight information, 
navigation guidance, and a real-time image of the external scene to the 
pilot on one display. The real-time image of the outside scene is 
produced by imaging sensors, which may be based on forward looking 
infrared, millimeter wave radiometry, millimeter wave radar, low level 
light intensification, or other imaging technologies. In certain 
reduced visibility conditions, an EFVS can enable a pilot to see the 
approach lights, visual references associated with the runway 
environment, and other objects or features that might not be visible 
without the use of an EFVS. Combining the flight information, 
navigation guidance, and sensor imagery on a HUD allows the pilot to 
remain head up and to continue looking forward along the flight path 
throughout the entire approach, landing, and rollout.
    The requirements for operating below DA/DH or MDA under IFR on 
instrument approaches are contained in Sec.  91.175. Over the years, 
these requirements have been modified to enable aircraft operations 
during reduced visibility conditions while maintaining a high level of 
safety. For many years, descent below DA/DH or MDA could only be 
accomplished using natural vision. On January 9, 2004, a final rule, 
Enhanced Flight Vision Systems, was published in the Federal Register 
(69 FR 1620) to permit an EFVS to be used in lieu of natural vision to 
continue descent below DA/DH or MDA down to 100 feet above the 
touchdown zone elevation of the runway of intended landing. At and 
below 100 feet, however, the lights or markings of the threshold or the 
lights or markings of the touchdown zone had to be distinctly visible 
and identifiable to the pilot using natural vision. A pilot could not 
continue descent below 100 feet by relying solely on the EFVS sensor 
imagery.
    The 2004 final rule permitted an EFVS to be used in this way under 
IFR only on straight-in instrument approach procedures other than 
Category II or III, subject to certain conditions and limitations. The 
FAA asserted in the final rule that permitting EFVS to be used in this 
way could allow for operational benefits, reduced costs, and increased 
safety. Using a HUD assists a pilot in flying a more precise flight 
path. The FAA asserted that an EFVS, which includes a real-time sensor 
image on a HUD, might also improve the level of safety by improving 
position awareness, providing visual cues to maintain a stabilized 
approach, and reducing missed approaches. An EFVS could also enable a 
pilot to detect an obstruction on the runway, such as an aircraft or 
vehicle, earlier in the approach, and detect runway incursions in 
reduced visibility conditions. Even in situations where the pilot has 
sufficient flight visibility at the DA/DH or MDA to see the required 
visual references using natural vision, an EFVS could be used to 
achieve better situation awareness than might be possible without it--
especially in marginal visibility conditions.
    The 2004 final rule also established equipment requirements for 
EFVS operations. Enhanced flight vision systems used to conduct 
operations under the provisions of Sec. Sec.  91.175(l) and (m), 
121.651(c) and (d), 125.381(c), and 135.225(c) using U.S.-registered 
aircraft

[[Page 34938]]

are required to have an FAA type design approval (e.g., type 
certificate, amended type certificate, or supplemental type 
certificate). Requiring a type design approval ensures that the EFVS 
equipment is appropriate to support the EFVS operations to be 
conducted. These approvals are currently achieved through the issuance 
of special conditions. Foreign-registered aircraft used to conduct EFVS 
operations in the U.S. that do not have an FAA type design approval 
must be equipped with an operable EFVS that otherwise meets the 
requirements of the U.S. regulations. Additional information regarding 
compliance with EFVS operating requirements can be found in Advisory 
Circular (AC) 90-106, Enhanced Flight Vision Systems. Additional 
information about compliance with the airworthiness or equipment 
requirements for EFVS can be found in AC 20-167, Airworthiness Approval 
of Enhanced Vision System, Synthetic Vision System, Combined Vision 
System, and Enhanced Flight Vision System Equipment.

B. Statement of the Problem

    The FAA believes EFVS capabilities could be better leveraged by 
making provisions for current and future performance-based enhanced 
vision capabilities that would increase access, efficiency, and 
throughput at many airports when low visibility is a factor. The 2004 
final rule permitted enhanced flight visibility (determined using EFVS) 
to be used in lieu of flight visibility (determined by natural vision) 
to descend below DA/DH or MDA down to 100 feet above the touchdown zone 
elevation of the runway of intended landing. The rule, however, did not 
address dispatching a flight under part 121, releasing a flight under 
part 125, or taking off under part 135. An aircraft operated under 
those parts cannot be dispatched, released, or permitted to take off 
under IFR when the weather at the destination airport is forecast or 
reported to be below authorized minimums at the estimated time of 
arrival. Additionally, the pilot of an aircraft operating under these 
parts may not begin an approach or continue an approach past the FAF 
(or where a FAF is not used, begin the final approach segment of an 
instrument approach procedure) when the weather at the destination 
airport is reported to be below authorized minimums. These restrictions 
prevent EFVS from being used for maximum operational benefit by persons 
conducting operations under parts 121, 125, or 135. This proposal would 
provide relief from these restrictions for operators of EFVS-equipped 
aircraft.
    Under current regulations, the enhanced flight visibility provided 
by an EFVS can only be used for operational benefit under Sec.  
91.175(l) in that portion of the visual segment of an approach that 
extends from DA/DH or MDA down to 100 feet above the touchdown zone 
elevation. While this provision has provided operators with significant 
benefits, additional capability could be achieved by permitting EFVS to 
be used to touchdown and rollout. This would increase access and 
throughput over existing EFVS operations by removing the requirement to 
transition to natural vision at 100 feet above the touchdown zone 
elevation.
    There are currently no training, recent flight experience, or 
proficiency requirements in part 61 for persons conducting EFVS 
operations. Since the 2004 final rule was enacted, the number of 
persons conducting EFVS operations has significantly expanded. The FAA 
believes the proposal would further increase the number of operators 
conducting EFVS operations. Additionally, it would permit those 
operations to be conducted in low visibility conditions to touchdown 
and rollout. The FAA therefore proposes to establish training, recent 
flight experience, and proficiency requirements for EFVS operations to 
provide an appropriate level of safety for the conduct of those 
operations.
    The FAA also believes that an EFVS can provide operational and 
safety benefits during Category II and Category III operations, 
especially as more advanced imaging sensor capabilities are developed 
which function more effectively in lower visibility conditions. The 
proposal would therefore amend the operating rules for Category II and 
III operations to permit EFVS to be used in lieu of natural vision 
during the conduct of those operations.
    Finally, there are no airworthiness standards that specifically 
address the certification of vision systems, to include EFVS. 
Accordingly, the FAA has certificated vision systems using special 
conditions which can impose significant delays on the certification 
process. The proposal would therefore also amend parts 23, 25, 27, and 
29 to establish certification requirements for vision systems with a 
transparent display surface located in the pilot's outside view thereby 
eliminating the need for the issuance of special conditions.

C. Related Actions

    The FAA is revising AC 90-106, Enhanced Flight Vision Systems, and 
AC 20-167, Airworthiness Approval of Enhanced Vision System, Synthetic 
Vision System, Combined Vision System, and Enhanced Flight Vision 
System Equipment, to include the provisions proposed in this NPRM. A 
Notice of Availability will be published in the Federal Register when 
these draft ACs have been completed, and copies of these draft ACs will 
be placed in the docket for public comment at that time.

III. Discussion of the Proposal

A. Revise the Definition for EFVS and add a Definition for EFVS 
Operation (Sec.  1.1)

    The FAA proposes to amend the definition of EFVS in Sec.  1.1 to 
more precisely describe an EFVS. The proposed amendment specifies that 
an EFVS is an installed aircraft system and revises the current 
definition to include language that describes the elements and features 
of an EFVS currently found in Sec.  91.175(m). The current definition 
of EFVS would be revised to include the phrase ``the EFVS includes the 
display element, sensors, computers and power supplies, indications, 
and controls.'' This phrase is currently found in Sec.  91.175(m)(3). 
The FAA also proposes to change the phrase ``installed airborne 
system'' to ``installed aircraft system'' because some EFVS operations 
may be conducted on the surface as well as in an airborne context.
    The proposed definition for EFVS would state: ``Enhanced flight 
vision system (EFVS) means an installed aircraft system which uses an 
electronic means to provide a display of the forward external scene 
topography (the applicable 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 forward-looking 
infrared, millimeter wave radiometry, millimeter wave radar, or low-
light level image intensification. The EFVS sensor imagery and required 
aircraft flight information and flight symbology is displayed on a 
head-up display, or an equivalent display, so that the imagery and 
symbology is clearly visible to the pilot flying in his or her normal 
position with the line of vision looking forward along the flight path. 
An EFVS includes the display element, sensors, computers and power 
supplies, indications, and controls.''
    The FAA also proposes to add a definition to Sec.  1.1 for EFVS 
operation. An EFVS operation would be defined as ``an operation in 
which an EFVS is

[[Page 34939]]

required to be used to perform an approach or landing, determine 
enhanced flight visibility (as defined in current Sec.  1.1), identify 
required visual references, or conduct the rollout.'' This definition 
establishes the conditions under which an EFVS would be required to 
conduct specific operations. The FAA notes that while an EFVS can 
provide situation awareness in any phase of flight, such use would not 
constitute an EFVS operation unless an EFVS is required in lieu of 
natural vision to perform any visual task associated with approach, 
landing, and rollout.

B. Consolidate EFVS Requirements in Part 91 in a New Section (Sec.  
91.176)

    The FAA proposes to create new Sec.  91.176 which would contain the 
regulations for enhanced flight vision systems. The FAA believes that 
the extent of current and proposed EFVS provisions requires a new 
section for organizational and regulatory clarity. The existing 
regulations for EFVS to 100 feet that are located in current Sec. Sec.  
91.175(l) and (m) would be moved to proposed Sec.  91.176 and 
restructured. Proposed Sec. Sec.  91.176(a) and (b) would each be 
organized into three main areas--equipment requirements, operating 
requirements, and visibility and visual reference requirements. Section 
91.176(a) would contain the new regulations for EFVS operations to 
touchdown and rollout, and Sec.  91.176(b) would contain the existing 
regulations for EFVS operations that are conducted to 100 feet above 
the touchdown zone elevation.

C. Establish Equipment, Operating, and Visual Reference Requirements 
for EFVS Operations To Touchdown and Rollout (Sec.  91.176(a))

    Under the current EFVS rule, an EFVS can be used to descend below 
DA/DH or MDA on any instrument approach procedure, other than Category 
II or III, that is straight-in and that uses published straight-in 
minima. The existing regulations permit an EFVS to be used to identify 
the visual references required by Sec.  91.175(l)(3) and to determine 
that the enhanced flight visibility provided by the EFVS is not less 
than the visibility prescribed in the instrument approach procedure 
(IAP) being flown. Both of these requirements have to be met before 
descending below DA/DH or MDA down to 100 feet above the touchdown zone 
elevation. Additionally, the regulations require that the aircraft be 
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 parts 121 or 135, the 
descent rate will allow touchdown to occur within the touchdown zone of 
the runway of intended landing.
    At 100 feet above the touchdown zone elevation and below, the 
current regulations require that the flight visibility must be 
sufficient 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 without reliance on the EFVS in order to 
continue to a landing. In other words, descent below 100 feet has to be 
accomplished using natural vision--a pilot cannot continue descending 
below 100 feet by relying solely on the EFVS sensor imagery under the 
current rule.
    The FAA proposes to permit enhanced vision provided by an EFVS to 
be used in lieu of natural vision to descend below 100 feet above the 
touchdown zone elevation. The FAA believes the current visual 
references that need to be seen using natural vision to descend below 
100 feet should serve as the basis for establishing the visual 
references necessary to be seen with enhanced vision to descend below 
100 feet when conducting EFVS operations to touchdown and rollout. 
Those visual references consist of lights or markings of the threshold 
or lights or markings of the touchdown zone. Additionally, the FAA 
proposes to add the runway threshold and the runway touchdown zone 
landing surface as references a pilot could use to descend below 100 
feet. The FAA believes these additions are necessary to include other 
visual references that could be displayed by the EFVS and used by the 
pilot to safely land the aircraft.
    Additionally, in Sec.  91.176(a) the FAA would require that the 
aircraft be continuously 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. This proposed requirement is identical 
to the current requirement that exists for EFVS operations to 100 feet 
above the touchdown zone elevation. The proposal would also require 
that for all operators, the descent rate would allow touchdown to occur 
within the touchdown zone of the runway of intended landing. Currently 
only persons conducting operations under parts 121 or 135 are required 
to touchdown within the touchdown zone. For EFVS operations to 
touchdown and rollout, the FAA considers it prudent to require 
touchdown to occur within the touchdown zone for all operators in order 
to minimize any potential for a runway overrun in low visibility 
conditions.
    The FAA proposes to permit an EFVS operation to be conducted below 
the authorized DA/DH to touchdown and rollout using a straight-in 
precision instrument approach procedure or an approach with approved 
vertical guidance. In order to ensure obstacle clearance and stabilized 
approach to touchdown, the approach must have published straight-in 
minima, a published vertical path, and a published DA or DH. 
Accordingly, EFVS operations to touchdown and rollout would not be 
permitted on nonprecision approaches.
    In proposed Sec.  91.176(a)(2)(i), the FAA would require each 
required pilot flight crewmember to have adequate knowledge of, and 
familiarity with, the aircraft, the EFVS, and the procedures to be 
used. Additionally, in proposed Sec.  91.176(a)(2)(ii), the FAA would 
require that the aircraft be equipped with, and the pilot flying would 
be required to use, an operable EFVS that meets the equipment 
requirements specified in proposed Sec.  91.176(a)(1). When a minimum 
flightcrew of more than one pilot is required, proposed Sec.  
91.176(a)(2)(iii) would require the pilot monitoring to use a display 
that provides him or her with EFVS sensor imagery.
    Part 61 does not currently contain training, recent flight 
experience, and proficiency requirements for EFVS operations. Under the 
proposal, however, each required pilot flight crewmember would be 
required to meet the applicable training, recent flight experience, and 
proficiency requirements proposed in Sec. Sec.  61.31(l) and 61.57(h) 
and (i). Persons conducting operations under parts 121, 125, or 135 
would continue to be required to meet the current training, testing, 
and qualification provisions of those parts. The new proposals for part 
61 are discussed in more detail in Sections III-E and III-F of this 
proposal. For foreign persons, each required pilot flight crewmember 
would have to meet the applicable requirements of the civil aviation 
authority of the State of the operator.
    For operational approval to conduct EFVS operations to touchdown 
and rollout, the FAA proposes to require persons conducting operations 
under parts 121, 125, 129, or 135 to conduct those operations in 
accordance with OpSpecs authorizing the use of EFVS. Persons conducting 
operations under a part 125 Letter of Deviation Authority (LODA) would 
conduct those operations in accordance with a letter of authorization 
(LOA) for EFVS

[[Page 34940]]

operations to touchdown and rollout. Part 91, subpart K, operators 
would be required to conduct these operations in accordance with their 
MSpecs authorizing the use of EFVS. Persons conducting operations under 
part 91 (other than those conducted under subpart K) would be required 
to conduct them in accordance with their LOA for EFVS operations to 
touchdown and rollout. Section L contains a discussion on how the FAA 
plans to manage EFVS operations to touchdown and rollout through 
OpSpecs, MSpecs, and LOAs.
    Under the current EFVS rule, an EFVS installed on a U.S.-registered 
aircraft conducting EFVS operations to 100 feet must be installed on 
that aircraft in accordance with an FAA type design approval (a type 
certificate, amended type certificate, or supplemental type 
certificate). An EFVS that is currently certified to conduct EFVS 
operations to 100 feet above the touchdown zone elevation, however, may 
not meet the airworthiness standards necessary to support EFVS 
operations to touchdown and rollout. Therefore, the FAA proposes a 
similar certification process for an EFVS installed on an aircraft used 
in EFVS operations to touchdown and rollout and would require an FAA 
type design approval for these systems.
    The FAA recognizes that a foreign-registered aircraft may not have 
an FAA-type design approval. Therefore, the proposal would also permit 
use of an EFVS in those aircraft that may not have an FAA-type design 
approval provided those aircraft are equipped with an operable EFVS 
that otherwise meets the requirements of the U.S. regulations.
    Current Sec.  91.175(m) states that an EFVS presents sensor imagery 
and aircraft symbology on a head-up display (HUD) or an equivalent 
display, so that they are clearly visible to the pilot flying in his or 
her normal position and line of vision looking forward along the flight 
path. A head-down display does not meet the regulatory requirement that 
the EFVS sensor imagery and aircraft flight symbology be presented so a 
pilot can see it while seated in his or her normal position and line of 
vision looking forward along the flight path. A head-down display, 
therefore, would not be considered an equivalent display.
    Current Sec.  91.175(m) also states that an EFVS includes imaging 
sensors, computers and power supplies, indications, and controls. It 
must also display the following aircraft flight information and flight 
symbology: airspeed, vertical speed, aircraft attitude, heading, 
altitude, command guidance as appropriate for the approach to be flown, 
path deviation indications, flight path vector, and flight path angle 
reference cue. The displayed EFVS imagery, attitude symbology, flight 
path vector, flight path angle reference cue, and other cues which are 
referenced to the imagery and external scene topography must be aligned 
with and scaled to the external view; therefore, they must be 
conformal. The flight path angle reference cue must also be displayed 
with the pitch scale, and the pilot must be able to select the 
appropriate descent angle for the approach. The EFVS sensor imagery and 
aircraft flight symbology must be displayed such that they do not 
obscure the pilot's outside view or field of view through the cockpit 
window. Finally, the display characteristics and dynamics must be 
suitable for manual control of the aircraft.
    The FAA proposes to apply all of the equipment requirements of the 
current EFVS regulations found in Sec.  91.175(m) to EFVS operations 
conducted to touchdown and rollout. The FAA would also require the EFVS 
to display height above ground level such as that provided by a radio 
altimeter or another device capable of providing equivalent 
performance. While EFVS-specific callouts are usually based upon 
barometric altitude, the FAA believes that the supplementary 
information provided by a radio altimeter would provide pilots with 
additional altitude information and assist those pilots with performing 
the flare and landing during EFVS operations to touchdown and rollout. 
The FAA believes this requirement is necessary to support altitude 
awareness during EFVS operations to touchdown and rollout.
    The FAA also proposes to require a flare prompt or flare guidance, 
as appropriate, for achieving acceptable touchdown performance. Each 
applicant for type design approval would be required to demonstrate 
acceptable touchdown performance for their particular EFVS 
implementation using either flare prompt or flare guidance. The FAA 
believes this requirement is necessary to provide the pilot with 
additional information to conduct the flare maneuver during conditions 
of low visibility typically encountered during EFVS operations to 
touchdown and rollout.
    When a minimum flightcrew of more than one pilot is required, the 
FAA proposes to require that the aircraft be equipped with a display 
that provides the pilot monitoring with EFVS sensor imagery. Under the 
FAA's proposal, this display must be located within the maximum primary 
field of view of the pilot monitoring and any symbology displayed must 
not adversely obscure the sensor imagery of the runway environment. The 
proposal also makes provision for dual EFVS installations, head mounted 
displays, and other head up presentations the FAA might find 
acceptable. While many EFVS-equipped aircraft provide a display of the 
sensor imagery to the pilot monitoring, U.S. regulations do not require 
that such a display be provided to the pilot monitoring for EFVS 
operations to 100 feet. For these operations, the FAA considers it 
sufficient to conduct the operation using EFVS-specific procedures and 
callouts to support crew coordination and common situation awareness. 
At 100 feet above the touchdown zone elevation, both pilots are relying 
on natural vision to identify the required visual references. During 
EFVS operations where the pilot flying relies on EFVS from DA/DH 
through touchdown and rollout, it cannot be assumed that the monitoring 
pilot sees anything of the outside environment using natural vision. 
Therefore, the FAA proposes to require that the aircraft be equipped 
with a display that provides the pilot monitoring with EFVS sensor 
imagery. This display would support the monitoring pilot's view of the 
outside environment and provide common situation awareness. The pilot 
monitoring would carry out his or her normal approach monitoring tasks 
and be required to use the display to monitor and assess the safe 
conduct of the approach, landing, and rollout. This would confirm that 
the required visual references are acquired, verify visual acquisition 
of and alignment with the runway of intended landing, and assist in 
determining that the runway is clear of aircraft, vehicles, or other 
obstructions.
    For certain future EFVS operations, proposed Sec.  91.176(a)(1)(ii) 
specifies that the Administrator may require the display of the EFVS 
sensor imagery, required aircraft flight information, and flight 
symbology to be provided to the pilot monitoring on a head-up display 
or other equivalent display appropriate to the operation being 
conducted. This provision is being made to provide the FAA with a means 
to respond to future advancements in sensor or display technology.

D. Revise Current Requirements for EFVS Operations to 100 feet (Sec.  
91.176(b))

    As stated in Section III-B, the FAA proposes to move the current 
requirements for EFVS operations to 100 feet from Sec.  91.175(l) and 
(m) to proposed Sec.  91.176(b) and restructure them to accommodate the 
regulatory changes set forth in this proposal.

[[Page 34941]]

    The FAA proposes to permit EFVS to be used in the conduct of 
Category II and Category III operations. Accordingly, the exclusionary 
language ``other than Category II or Category III'' would be deleted 
from the current provisions of Sec.  91.175(l) that are now found in 
proposed Sec.  91.176(b). This change is discussed in more detail in 
Section III-I.
    Proposed Sec.  91.176(b)(3)(iii) would be structured to conform to 
the original intent of current Sec.  91.175(l)(4) and include 
provisions for additional visual reference requirements similar to 
those proposed for inclusion in Sec.  91.176(a)(3)(iii) and discussed 
in Section III-C. It would clarify that the requirement for the pilot 
to determine enhanced flight visibility is only applicable to that 
portion of the approach from the authorized DA/DH or MDA to 100 feet 
above the touchdown zone elevation. At and below 100 feet, flight 
visibility (using natural vision) would be required to be sufficient 
for the runway threshold, the lights or markings of the threshold, the 
runway touchdown zone landing surface, or the lights or markings of the 
touchdown zone to be distinctly visible and identifiable to the pilot 
without reliance on the EFVS.
    The reference to ``standard instrument approach procedure'' 
currently found in Sec.  91.175(l)(2) would be revised to ``instrument 
approach procedure'' when the provisions contained in that paragraph 
are included in proposed Sec.  91.176(b)(3)(i). A corresponding 
provision would also be included in proposed Sec.  91.176(a)(3)(i). 
These changes were made in recognition of the fact that persons 
conducting EFVS operations may use either standard or special 
instrument approach procedures.
    Currently, there are no training, recent flight experience, or 
proficiency requirements in part 61 for persons conducting EFVS 
operations. The FAA believes it is necessary to establish training, 
recent flight experience, and proficiency requirements to ensure that 
pilots possess the skills necessary to operate EFVS equipment, that 
they are trained and tested to a standard, and that the training they 
receive supports the EFVS operation to be conducted. The FAA's proposal 
to add these requirements to part 61 are discussed in Sections III-E 
and III-F. Proposed training, recent flight experience, and proficiency 
requirements would apply to EFVS operations conducted to touchdown and 
rollout and to EFVS operations conducted to 100 feet above the 
touchdown zone elevation. Accordingly, the FAA proposes to include 
language in proposed Sec.  91.176(b)(2)(v)(A) which would require each 
required pilot flight crewmember to meet the new training, recent 
flight experience, and proficiency requirements that would be added to 
part 61. Additionally, the FAA proposes to add rule language to 
proposed Sec.  91.176(b)(2)(i) to require that each required pilot 
flight crewmember have adequate knowledge of, and familiarity with, the 
aircraft, the EFVS, and the procedures to be used.
    Under current Sec.  91.175(l), a part 119 or part 125 certificate 
holder cannot conduct an EFVS operation unless their OpSpecs authorize 
the use of EFVS. The same requirement applies to persons conducting 
operations under part 129. The proposed amendment would state that for 
persons conducting operations under part 91, subpart K, the operation 
would be required to be conducted in accordance with MSpecs authorizing 
the use of EFVS. For persons conducting operations under parts 121, 
129, or 135 of this chapter, the operation would be required to be 
conducted in accordance with OpSpecs authorizing the use of EFVS. For 
persons conducting operations under part 125 of this chapter, the 
operation would be required to be conducted in accordance with OpSpecs 
authorizing the use of EFVS, or in the case of a part 125 LODA holder, 
an LOA for the use of EFVS. While the FAA proposes to require an LOA 
for part 91 operators (other than part 91, subpart K) to conduct EFVS 
operations to touchdown and rollout, no LOA is currently required or 
proposed for EFVS operations conducted to 100 feet.
    Currently, most foreign civil aviation authorities (CAAs) require 
an authorization to conduct EFVS operations. As a result, a foreign CAA 
may require a U.S. operator who wishes to conduct EFVS operations in 
their country to submit their FAA EFVS authorization as a condition for 
the foreign CAA's approval. The FAA strongly recommends that operators 
contact the CAA of each foreign country in which they plan to conduct 
EFVS operations to determine the requirements for approval and for 
conducting EFVS operations since those requirements may be different 
from those of the United States.
    As previously discussed in Section III-A, the FAA proposes to move 
the statement ``The EFVS includes the display element, sensors, 
computers and power supplies, indications, and controls.'' currently 
contained in Sec.  91.175(m)(3) to the proposed revised definition of 
EFVS in Sec.  1.1. The FAA also proposes not to include in the proposal 
the sentence ``It may receive inputs from an airborne navigation system 
or flight guidance system,'' which is currently contained in Sec.  
91.175(m)(3). While this statement provides contextual information, it 
is not a stated requirement, and would be more appropriately addressed 
in advisory or guidance material. The FAA proposes to remove the phrase 
``on approaches without vertical guidance;'' contained in Sec.  
91.175(m)(2)(ii) because the flight path angle reference cue is useful 
on all approaches.
    Additionally, the FAA would include language in proposed Sec.  
91.176(b)(1)(iii), which would clarify that a foreign registered 
aircraft need not have an FAA-type design approval provided the 
aircraft is equipped with an EFVS that meets all other applicable FAA 
requirements.

E. Establish Training Requirements for Persons Conducting EFVS 
Operations (Sec.  61.31)

    Currently, part 61, which sets forth training requirements 
applicable to all pilots, flight instructors and ground instructors, 
does not contain specific training requirements for persons conducting 
EFVS operations. However, Sec.  91.175(l) requires that any pilot 
conducting an EFVS operation under parts 121, 125, and 135 be qualified 
to use an EFVS in accordance with the applicable training, testing, and 
qualification provisions of those parts. Additionally, a pilot 
conducting EFVS operations must conduct those operations in accordance 
with OpSpecs issued to the certificate holder which authorize the use 
of EFVS. OpSpecs authorizing the use of EFVS specify training, testing, 
and qualification requirements applicable to the use of EFVS. 
Furthermore, persons conducting EFVS operations under part 91, subpart 
K must conduct those operations in accordance with MSpecs, which set 
forth specific training, testing, and qualification requirements 
applicable to the use of EFVS.
    Although specific EFVS training requirements do not currently exist 
in part 61, both the FAA and EFVS manufacturers have recognized that 
pilots conducting EFVS operations need to be appropriately trained. FAA 
Aircraft Evaluation Group (AEG) Flight Standardization Boards (FSBs) 
have conducted operational suitability evaluations of EFVS equipment 
installed on certain airplanes, which have resulted in FSB reports that 
document the training, checking, and currency tasks that should be 
accomplished to safely operate this equipment. Certain aircraft

[[Page 34942]]

manufacturers have also encouraged flight crewmembers to receive 
training in the use of EFVS prior to conducting EFVS operations. These 
recommendations can be found in the airplane flight manuals for these 
manufacturers' aircraft. Additionally, recent recommendations by the 
National Transportation Safety Board (NTSB) and legislative action by 
Congress highlight a concern with and commitment to safety, pilot 
training, standards, and performance.
    Non-commercial operators of EFVS-equipped aircraft have also 
recognized the need for specialized ground and flight training in the 
use of EFVS. These operators generally obtain EFVS training for their 
pilots at part 142 training centers prior to conducting EFVS 
operations. This practice clearly demonstrates the importance these 
operators place on training in order to safely conduct EFVS operations.
    EFVS operations are often conducted in visibility conditions 
similar to those under which Special Authorization Category I, Category 
II, Special Authorization Category II, and Category III operations are 
conducted. These operations are conducted to lower than standard minima 
and require special aircrew training.
    Expanding the operational conditions and benefits for operators who 
use EFVS technology would increase the number and mix of aircraft and 
operators conducting low visibility operations at airports throughout 
the national airspace system. Establishing training requirements for 
the conduct of EFVS operations would ensure that pilots meet minimum 
requirements to operate EFVS equipment, that they are trained and 
tested to a standard, and that an appropriate level of public safety is 
maintained. This approach is consistent with that taken for other 
technology-based vision enhancements such as night vision goggles, for 
which the FAA established training requirements in 2009 (74 FR 42500; 
August 21, 2009).
    The FAA proposes, therefore, to codify current EFVS training 
practices by amending Sec.  61.31 to require ground training for any 
person manipulating the controls of an aircraft or acting as pilot in 
command of an aircraft during an EFVS operation. This requirement would 
apply to EFVS operations conducted to 100 feet above the touchdown zone 
elevation under existing EFVS regulatory provisions and to EFVS 
operations conducted to touchdown and rollout under this proposal. In 
addition, the FAA would require any person who serves as a required 
pilot flight crewmember during an EFVS operation conducted to touchdown 
and rollout under proposed Sec.  91.176(a) to obtain ground training. 
The ground training would be required to be received from an authorized 
instructor under a training program approved by the Administrator. 
Additionally, a logbook or other endorsement would be required to be 
obtained from an authorized instructor who would certify that the 
person satisfactorily completed the ground training.
    A person who serves as a required pilot flight crewmember during an 
EFVS operation that is conducted to 100 feet under the existing EFVS 
rule, but who does not manipulate the controls or serve as pilot in 
command of that aircraft, would not be required to receive EFVS ground 
training. These pilots are not required to receive EFVS ground training 
under current regulatory provisions. The FAA believes that the EFVS-
specific call outs and crew coordination items performed by the pilot 
monitoring who would not also be acting as pilot in command (PIC) 
during an EFVS operation to 100 feet are so similar in nature to duties 
he or she normally performs on an instrument approach procedure that 
the completion of a formal EFVS ground training program for these 
pilots should not be required. The FAA further believes that these 
pilots can obtain the knowledge necessary to satisfactorily accomplish 
these additional tasks through computer based training, self study, 
other non-regulatory means, or through compliance with other 
regulations. Section 61.55, for example, contains provisions requiring 
a person serving as second-in-command to be familiar with the 
operational procedures applicable to an aircraft's powerplant, 
equipment and systems, its performance specifications and limitations, 
its normal, abnormal, and emergency procedures, and its flight manual, 
placards and markings. Additionally, that pilot must comply with the 
training provisions of the part under which the operation is conducted, 
such as part 121, which requires ground and flight training appropriate 
to the particular assignment of the pilot flight crewmember.
    Under this proposal, the ground training would, at a minimum, 
consist of the following subjects:
     Applicable portions of this Chapter I of Title 14 that 
relate to EFVS flight operations and limitations, including Aircraft 
Flight Manual (AFM) limitations;
     EFVS display, controls, modes, features, symbology, 
annunciations, and associated systems and components;
     EFVS sensor performance, sensor limitations, scene 
interpretation, visual anomalies, and other visual effects;
     Preflight planning and operational considerations 
associated with using EFVS during taxi, takeoff, climb, cruise, descent 
and landing phases of flight, including the use of EFVS for instrument 
approaches, operating below DA/DH or MDA, executing missed approaches, 
landing, rollout, and balked landings;
     Weather associated with low visibility conditions and its 
effect on EFVS performance;
     Normal, abnormal, emergency, and crew coordination 
procedures when using EFVS; and
     Interpretation of approach and runway lighting systems and 
their display characteristics when using an EFVS.
    In considering those subjects that would be included in the 
proposed ground training, the FAA evaluated FSB recommendations and 
EFVS training material developed by part 142 training centers, EFVS 
manufacturers, and persons conducting operations under parts 121, 135, 
and subpart K of part 91. Additionally, the FAA reviewed EFVS training 
material used by the U.S. military and European Aviation Safety Agency 
(EASA) training requirements for EFVS operations.
    The FAA also proposes to amend Sec.  61.31 to require flight 
training for any person manipulating the controls of an aircraft or 
acting as pilot in command of an aircraft during an EFVS operation. In 
order to ensure the continuation of current flight training practices, 
implement FSB flight training recommendations, and perpetuate the safe 
conduct of EFVS operations in an increasingly complex and rapidly 
evolving operational environment, the FAA believes that any person 
manipulating the controls of an aircraft or acting as pilot in command 
of an EFVS operation should receive EFVS flight training. This 
requirement would apply to pilots conducting EFVS operations to 100 
feet above the touchdown zone elevation under the existing rule and 
also to pilots conducting EFVS operations to touchdown and rollout 
under this proposal.
    The FAA evaluated the same material it used to determine proposed 
ground training subjects and determined that EFVS flight training 
would, at a minimum, include the following tasks:
     Preflight and inflight preparation of EFVS equipment for 
EFVS operations, including EFVS setup and use of display, controls, 
modes and associated systems, including adjustments for

[[Page 34943]]

brightness and contrast under day and night conditions;
     Proper piloting techniques associated with using EFVS 
during taxi, takeoff, climb, cruise, descent, landing, and rollout, to 
include missed approaches and balked landings;
     Proper piloting techniques for the use of EFVS during 
instrument approaches, to include operations below DA/DH or MDA as 
applicable, under both day and night conditions;
     Determining enhanced flight visibility;
     Identifying required visual references appropriate to EFVS 
operations;
     Transitioning from EFVS sensor imagery to natural vision 
acquisition of required visual references and the runway environment;
     Using EFVS sensor imagery to touchdown and rollout, if 
EFVS operations as specified in Sec.  91.176(a) are to be conducted; 
and
     Normal, abnormal, emergency, and crew coordination 
procedures when using an EFVS.
    The flight training would have to be received from an authorized 
instructor under a training program approved by the Administrator. 
Additionally, a logbook or other endorsement would have to be obtained 
from an authorized instructor who finds the person proficient in the 
use of EFVS. To ensure that the authorized instructor providing the 
flight training is knowledgeable and proficient in the conduct of EFVS 
operations, that instructor would have to meet the training 
requirements for EFVS operations specified in proposed Sec.  61.31(l).
    Under this proposal, a training program approved by the 
Administrator could include EFVS training received through a part 141 
pilot school, a part 142 training center, or an FAA-approved training 
program other than that provided under parts 141 or 142. One example of 
an FAA-approved training program other than that provided under parts 
141 or 142 could be a training program approved under part 121. Another 
example could be an approved EFVS training program conducted by a 
corporate flight department with experience in the conduct of EFVS 
operations. The FAA would require an EFVS training program to be 
approved to ensure that pilots receiving that training are trained and 
tested to a specific standard and that the training program content 
supports the EFVS operation to be conducted.
    Flight training for EFVS may be accomplished in the actual aircraft 
or in a simulator equipped with an EFVS. In accordance with FSB 
recommendations for EFVS training, the FAA has determined that flight 
simulators used to conduct this training would have to be either a 
level `C' simulator with a daylight visual display, or a level `D' 
simulator. Each simulator would have to be qualified for EFVS by the 
National Simulator Program.
    The FAA recognizes that an operator may opt to conduct less than 
the full range of EFVS operations due to equipment or operational 
limitations. For example, an operator's aircraft may only be equipped 
to conduct EFVS operations to 100 feet above the touchdown zone 
elevation and its pilots are only trained to conduct those operations. 
That operator may later decide, however, to conduct EFVS operations to 
touchdown and rollout. The proposal would not require this operator's 
pilots to complete the full training program applicable to EFVS 
operations to touchdown and rollout, but only that portion of the 
flight training program addressing the differences between the two 
operations. The proposal would require that this training be documented 
by an endorsement. In lieu of completing this differences training, a 
pilot could complete a pilot proficiency check on the additional EFVS 
operations administered by an FAA inspector, designated examiner, a 
check airman under parts 121, 125, or 135, or a program manager check 
pilot under part 91, subpart K.
    Under this proposal, the ground training requirements of proposed 
Sec.  61.31(l)(1) and flight training requirements of proposed 
paragraph (l)(3) would not apply if a person has satisfactorily 
completed a pilot proficiency check on EFVS operations and received a 
logbook endorsement verifying that the check has been completed. The 
proficiency check, however, would be applicable to the specific type of 
EFVS operation to be conducted. For example, an EFVS proficiency check 
conducted for EFVS operations to 100 feet would not meet the 
requirement for a proficiency check for EFVS operations to touchdown 
and rollout. Additionally, a proficiency check for EFVS operations to 
touchdown and rollout may not meet all of the requirements for a 
proficiency check for EFVS operations to 100 feet because it may not 
include non-precision approaches. The FAA recognizes, however, that a 
proficiency check for EFVS operations to touchdown and rollout could be 
combined with a proficiency check for EFVS operations to 100 feet that 
addresses the conduct of non-precision approaches.
    The pilot proficiency check would be permitted to be conducted by 
an FAA inspector or designated examiner, a check airman under parts 
121, 125, or 135, or a program manager check pilot under part 91, 
subpart K. The pilot proficiency check could also be conducted by a 
person authorized by the U.S. Armed Forces to administer EFVS 
proficiency checks, provided the person receiving the check was a 
member of the U.S. Armed Forces at the time the check was administered. 
The proficiency check could also be conducted by an authorized 
instructor employed by a Federal, State, county, or municipal agency to 
administer an EFVS proficiency check, provided the person receiving the 
check was employed by that agency at the time the check was 
administered.
    Under proposed Sec.  61.31(l)(7), the requirements of Sec.  
61.31(l)(1) and (l)(3) would not apply to a person who has 
satisfactorily completed an EFVS training program, proficiency check, 
or other course of instruction applicable to EFVS operations conducted 
under Sec.  91.176(b). The training program, proficiency check, or 
course of instruction would have to be acceptable to the FAA and could 
be completed prior to this proposal, but no later than 24 months after 
the effective date of the final rule. The EFVS training program could 
be provided by a part 141 pilot school, a part 142 training center, or 
through another course of instruction the FAA would consider 
acceptable. Because current industry practice for training pilots to 
conduct EFVS operations typically includes both ground and flight 
training, the FAA believes that most pilots currently conducting EFVS 
operations have already completed EFVS ground and flight training at a 
part 141 pilot school, a part 142 training center, or through other 
ground and flight training acceptable to the Administrator for which 
they could show a logbook endorsement or training record. The FAA 
believes this provision would decrease the regulatory burden on pilots 
who have been safely conducting EFVS operations to 100 feet under 
current regulations. Additionally, the proposal would provide pilot 
schools and training centers with adequate time to develop training 
programs that meet the proposed training requirements. By including 
specific provisions in proposed Sec.  61.31(l)(7) to permit the use of 
training programs, proficiency checks or other courses of instruction 
for a 2 year period, the FAA would provide pilots currently conducting 
EFVS operations with a reasonable means of

[[Page 34944]]

demonstrating compliance with the proposed ground and flight training 
requirements of Sec.  61.31(l)(1) and (l)(3). Providing pilots with 
time and a flexible means to show compliance with the proposed training 
requirements for EFVS should ensure that existing EFVS operators can 
comply with the new provisions with little or no impact.

F. Establish New Recent Flight Experience and Proficiency Requirements 
for Persons Conducting EFVS Operations (Sec.  61.57)

    Part 61 does not currently contain recent flight experience or 
proficiency requirements in order to conduct EFVS operations. The FAA 
believes it is necessary to establish recent flight experience and 
proficiency requirements to ensure that an appropriate level of skill 
is maintained to permit a pilot to conduct EFVS operations in low 
visibility conditions. The FAA proposes to amend Sec.  61.57 to require 
recent flight experience or a proficiency check for a person conducting 
an EFVS operation or acting as pilot in command during an EFVS 
operation. This requirement would apply to both EFVS operations 
conducted to 100 feet under the current EFVS rule and to EFVS 
operations conducted to touchdown and rollout under this proposal.
    Although recent flight experience requirements are not currently 
specified in part 61 for the conduct of EFVS operations, the FAA 
believes that the proposal would lead to a significant increase in the 
scope and number of EFVS operations. EFVS operations are complex 
operations involving the use of a HUD with a sensor image that are 
typically conducted in low visibility conditions. The skills necessary 
to operate EFVS equipment under these conditions are perishable. In 
addition, the occurrence of these low visibility conditions is 
infrequent. Consequently, recent EFVS flight experience is necessary to 
prevent the loss of these skills and to ensure that EFVS operations are 
conducted safely. As EFVS equipment evolves to permit operations in 
lower visibility environments than are currently allowed, the need for 
pilots to maintain recent flight experience will become even more 
critical.
    This proposal would permit a person to manipulate the controls of 
an aircraft during an EFVS operation or act as pilot in command of an 
aircraft during an EFVS operation only if, within 6 calendar months 
preceding the month of the flight, that person performs and logs six 
instrument approaches as the sole manipulator of the controls while 
using an EFVS. Unlike the instrument experience requirements specified 
in Sec.  61.57(c), these approaches need not be conducted in actual 
weather conditions or under simulated conditions using a view-limiting 
device. Since the EFVS can present a sensor image to the pilot in both 
IFR and VFR weather conditions, the FAA proposes to permit these 
approaches to be conducted under any weather conditions. One approach 
would be required to terminate in a full stop landing. For persons 
seeking to maintain currency to conduct EFVS operations to touchdown 
and rollout, the full stop landing would be required to be conducted 
using the EFVS. This requirement could be met in an aircraft or in a 
simulator equipped with an EFVS. If an EFVS-equipped simulator is used, 
it would have to be a level ``C'' simulator, with a daylight visual 
display, or a level ``D'' simulator that has been qualified for EFVS by 
the National Simulator Program. The purpose of requiring recent EFVS 
flight experience is to ensure that a pilot remains proficient in the 
use of all EFVS system components and operating procedures.
    Under the proposal, a person acting as pilot in command or a person 
who is manipulating the controls of an aircraft in an EFVS operation 
would either be required to meet the proposed EFVS recent flight 
experience requirements or pass an EFVS proficiency check. The 
proficiency check would consist of the training tasks listed in 
proposed Sec.  61.31(l) and would be required to be performed in the 
category of aircraft for which the person is seeking the EFVS privilege 
or in a flight simulator that is representative of that category of 
aircraft. The proficiency check could also be accomplished in a level 
``C'' simulator, with a daylight visual display, or a level ``D'' 
simulator that has been qualified for EFVS by the National Simulator 
Program. Under this proposal, an EFVS proficiency check must be 
performed by--
     An FAA Inspector or designated examiner who is qualified 
to perform EFVS operations in that same aircraft category;
     A person who is authorized by the U.S. Armed Forces to 
perform EFVS proficiency checks, provided the person being administered 
the check is also a member of the U.S. Armed Forces;
     A company check pilot who is authorized to perform EFVS 
proficiency checks under parts 121, 125, or 135, or subpart K of part 
91 of this chapter, provided that both the check pilot and the pilot 
being tested are employees of that operator or fractional ownership 
program manager, as applicable;
     An authorized instructor who meets the additional training 
requirements for EFVS operations specified in Sec.  61.31(l) of this 
chapter, and if conducting a proficiency check in an aircraft, the 
recent flight experience specified in paragraphs (h) or (i) of this 
section; or
     A person approved by the FAA to perform EFVS proficiency 
checks.
    The FAA notes that in accordance with the provisions of Sec.  
61.57(e)(2), the proposed recent flight experience requirements would 
not apply to a pilot in command who is employed by an air carrier 
certificated to conduct operations under parts 121 or 135. The pilot, 
however, must be engaged in a flight operation under parts 91, 121, or 
135 for that air carrier and in compliance with Sec. Sec.  121.437 and 
121.439, or Sec. Sec.  135.243 and 135.247, as appropriate. 
Additionally, proposed Sec.  91.176 would require each pilot flight 
crewmember to meet the applicable training, testing and qualification 
provisions of parts 121 or 135, as appropriate. The operation would 
also be required to be conducted in accordance with operations 
specifications authorizing the use of EFVS.

G. Permit EFVS-Equipped Aircraft To Be Dispatched, Released, or To 
Initiate a Flight When the Reported or Forecast Visibility at the 
Destination Airport Is Below Authorized Minimums (Sec. Sec.  121.613, 
121.615, 125.361, 125.363, 135.219)

    Under current regulations, persons operating aircraft under part 
121, 125, or 135 must evaluate weather reports and forecasts for the 
destination airport and determine that weather conditions at the 
expected time of arrival will be at or above the minimums authorized 
for the instrument approaches to be flown. This requirement must be met 
in order to dispatch a flight under part 121, release a flight under 
part 125, or takeoff under part 135, regardless of whether or not the 
aircraft is equipped with an approved EFVS. This limitation precludes 
operators from fully leveraging EFVS capabilities that would increase 
access, efficiency, and throughput at destination airports when low 
visibility is a factor.
    The enhanced flight visibility provided by an EFVS enables 
instrument approach operations to be conducted safely in lower 
visibilities than would be possible using natural vision. To take full 
advantage of this capability and to provide improved operational 
reliability, the FAA proposes to amend the dispatch, flight release, 
and takeoff regulations found in Sec. Sec.  121.613, 121.615, 125.361, 
125.363,

[[Page 34945]]

and 135.219 to permit operators of EFVS-equipped aircraft to dispatch, 
release, or takeoff when weather reports or forecasts indicate that 
weather conditions will be below the minimums authorized for the 
approaches to be flown at the destination airport. In addition, the FAA 
proposes to amend the regulations to permit aircraft equipped with EFVS 
to initiate an approach under IFR when weather reports or forecasts, or 
any combination thereof, indicate the weather conditions at the 
destination airport are below the authorized minimums for the approach 
to be flown. Authorizations would be based on demonstrated EFVS 
capabilities. This proposal is discussed in more detail in Section III-
H. These changes would enable operators to take full advantage of the 
operational capabilities provided by EFVS to improve access to runways, 
increase service reliability, and reduce the costs associated with 
operational delays, without compromising safety.
    The FAA proposes to authorize operators of EFVS-equipped aircraft 
who plan to conduct EFVS operations at the destination airport to 
dispatch a flight under part 121, release a flight under part 125, or 
takeoff under part 135 when weather conditions at the destination 
airport will be below the minimums for the approach to be flown at the 
estimated time of arrival. This authorization is granted through 
OpSpecs for EFVS operations, or for part 125 LODA holders, their LOA 
for EFVS operations. The authorization would also apply to EFVS 
operations conducted to 100 feet above the touchdown zone elevation 
under proposed Sec.  91.176(b), as well as to EFVS operations conducted 
to touchdown and rollout under proposed Sec.  91.176(a). As further 
discussed in Section III-M, the FAA expects to manage this 
authorization through an operator's OpSpec or LOA for EFVS operations 
to ensure that an increase in the rate of missed approaches does not 
occur. Because EFVS performance can vary by sensor technology and 
design, meteorological conditions, and other factors, adjustments to 
the authorization could be made according to the performance 
demonstrated. Managing the authorization in this manner would permit 
the FAA to effectively respond to new technology developments and 
tailor an authorization to fit an operator's particular EFVS 
capabilities.

H. Permit operators of EFVS-Equipped Aircraft To Initiate or Continue 
an Approach When the Destination Airport Visibility Is Below Authorized 
Minimums (Sec. Sec.  121.651, 125.325, 125.381, 135.225)

    Under current Sec.  121.651, no pilot may continue an approach past 
the FAF, or begin the final approach segment of an instrument approach 
procedure where a FAF is not used, when the latest weather report for 
that airport reports the visibility to be less than the visibility 
minimums prescribed for that procedure. There are two exceptions to 
this requirement. In the first exception, if a pilot has begun the 
final approach segment of an instrument approach procedure in 
accordance with Sec.  121.651(b), and after that receives a weather 
report indicating below minimum conditions, he or she 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 for conducting 
EFVS operations to 100 feet under current Sec.  91.175(l) are met, or 
the requirements for continuing the approach using natural vision under 
Sec.  121.651(c) are met.
    The second exception permits a pilot to begin the final approach 
segment of an instrument approach procedure, other than a Category II 
or Category III 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 instrument landing system (ILS) and 
an operative precision approach radar (PAR), and both are used by the 
pilot. The pilot may continue the approach below the authorized DA/DH 
if the requirements of current Sec.  91.175(l) are met, or if the 
requirements for continuing the approach using natural vision under 
Sec.  121.651(d) are met.
    Under Sec. Sec.  125.325 and 125.381, no pilot may execute an 
instrument approach procedure when the latest reported visibility is 
less than the landing minimums specified in the certificate holder's 
OpSpecs. Under Sec.  135.225, no pilot may begin an instrument approach 
procedure to an airport when the latest weather report indicates that 
weather conditions are below the authorized IFR landing minimums for 
that airport. There are several exceptions to these requirements for 
persons conducting operations under parts 125 or 135. If a pilot 
conducting EFVS operations under part 125 has already initiated the 
instrument approach procedure, or if a pilot conducting EFVS operations 
in accordance with Sec.  135.225(b) has begun the final approach 
segment of an instrument approach procedure, and subsequently receives 
another weather report that indicates conditions are below the minimum 
requirements, the pilot may continue the approach only if the 
requirements of current Sec.  91.175(l) are met for EFVS operations 
conducted to 100 feet. If EFVS is not used, then the approach can only 
be continued if the later weather report is received during one of the 
following three phases: when the aircraft is on an ILS approach and has 
passed the FAF; the aircraft is on an airport surveillance radar (ASR) 
or PAR final approach and has been turned over to the final approach 
controller; or the aircraft is on a nonprecision final approach and the 
aircraft has passed the appropriate facility or FAF, or where a FAF 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. Upon reaching the authorized MDA 
or DH the pilot must find that the actual weather conditions are at or 
above the minimums prescribed for the procedure being used.
    The visibility requirements currently imposed for beginning or 
continuing an approach under parts 121, 125, and 135, prevent EFVS from 
being used to its full operational advantage. These restrictions 
significantly limit the utility of EFVS for these operators resulting 
in reduced access to airports in low visibility conditions. Currently, 
EFVS equipage is highest among part 91 operators because they are not 
limited by restrictions on the weather conditions required to begin or 
continue an approach.
    Nine years of EFVS operational experience has shown that, under 
certain reduced visibility conditions, an EFVS can increase the 
likelihood that an approach and landing can be successfully completed. 
In cases where the visibility is marginal, such as during rapidly 
changing weather conditions, or when the reported visibility hovers at 
or near the minimum authorized, natural vision may be inadequate for a 
pilot to detect the required visual references necessary to complete 
the approach. EFVS provides a significant operational advantage under 
reduced visibility conditions, when natural vision is most compromised. 
Ground stops, holding delays, and diversions to an alternate airport 
could be reduced in these situations, especially if persons conducting 
operations under parts 121, 125, and 135 are authorized to use an EFVS 
in weather conditions that would

[[Page 34946]]

normally preclude an approach from being initiated or continued. Since 
the proposal would authorize an EFVS-equipped aircraft to be dispatched 
when the destination weather is reported or forecast to be below 
authorized minimums, the FAA believes that permitting that aircraft to 
initiate or continue an approach in those weather conditions would also 
be appropriate.
    Recognizing the operational benefits of EFVS, Federal Express 
Corporation (FedEx) petitioned for exemption from Sec.  121.651(b)(2) 
on March 21, 2008 (Docket No. FAA-2008-0370) to the extent necessary to 
allow FedEx aircraft equipped with EFVS to continue an approach beyond 
the FAF, or to begin the final approach segment of an instrument 
approach procedure, if the latest weather report for that airport 
reports the visibility to be less than the visibility minimums 
prescribed for that procedure. On January 13, 2009, NetJets 
International, Inc. (NJI) petitioned for exemption from Sec.  
135.225(a)(2) (Docket No. FAA-2009-0047) to the extent necessary to 
allow NJI aircraft equipped with an EFVS to begin an instrument 
approach procedure to an airport when the latest weather report for 
that airport indicates that weather conditions are less than the 
authorized visibility minimums for that procedure. Both petitioners 
requested relief from the prohibition on beginning or continuing an 
approach when the reported visibility is below the authorized minimum 
visibility for the approach. Both petitioners asserted that granting 
their petitions would benefit the public while maintaining an 
equivalent level of safety to that provided under the current 
regulations. On December 24, 2009, the FAA issued Grant of Exemption 
No. 9984 to FedEx, and on September 30, 2010, the FAA issued Grant of 
Exemption No. 10147 to NJI. Both Grants of Exemption, however, were 
subject to specific conditions and limitations.
    To take full advantage of the operational capability of EFVS and to 
increase the likelihood that an approach would be successfully 
completed in low visibility conditions, the FAA proposes to amend 
Sec. Sec.  121.651, 125.325, 125.381, and 135.225, to permit persons 
conducting operations under parts 121, 125, or 135 to begin or to 
continue an approach when the reported visibility is below the 
authorized minimum visibility for the approach to be flown, provided 
the aircraft is equipped with, and the pilot uses, an EFVS in 
accordance with proposed Sec.  91.176. The FAA proposes to authorize 
this operational capability for part 121, 125, and 135 operators 
through their OpSpec for EFVS operations, or for part 125 LODA holders, 
their LOA for EFVS operations. This authorization would apply to EFVS 
operations conducted to 100 feet above the touchdown zone elevation 
under proposed Sec.  91.176(b), as well as to EFVS operations conducted 
to touchdown and rollout under proposed Sec.  91.176(a). Authorizations 
would be based on demonstrated EFVS capabilities.
    As an alternative to the proposal, the FAA considered authorizing a 
\1/3\ visibility credit for EFVS-equipped operators as is currently 
permitted by EASA. Under EASA regulations, for example, if the 
authorized minimum visibility for an instrument approach procedure is 
2400 feet runway visual range (RVR), a person operating an EFVS-
equipped aircraft could reduce the minimum visibility required for an 
approach by \1/3\ resulting in an adjusted required minimum visibility 
of 1600 RVR for the approach. After careful consideration, the FAA 
determined that this alternative would be unnecessarily restrictive and 
would not provide the flexibility necessary to accommodate future 
advances in EFVS technology.
    As further discussed in Section III-M, the FAA expects to manage 
this authorization through an operator's OpSpec or LOA for EFVS 
operations. For reasons identical to those discussed in Section III-G, 
this action would permit the FAA to effectively respond to new 
technology developments and tailor an authorization to fit an 
operator's particular EFVS capabilities.

I. Revise Category II and III General Operating Rules To Permit the Use 
of an EFVS (Sec.  91.189)

    The general operating rules for Category II and III operations are 
contained in Sec.  91.189. Section 91.189, however, only pertains to 
part 91 operators other than those conducting operations under part 91, 
subpart K (see Sec.  91.189(g)). The provisions of Sec.  91.189 do not 
apply to Category II or III operations conducted by certificate holders 
operating under parts 121, 125, 129, or 135, or holders of MSpecs 
issued in accordance with part 91, subpart K.
    Under current regulations, no pilot operating an aircraft on a 
Category II or Category III approach that requires the use of a DA/DH 
can continue the approach below the authorized decision height unless 
at least one of the visual references listed in Sec.  91.189(d)(2) is 
distinctly visible and identifiable. Under current regulations, the 
visual references must be seen using natural vision. The FAA proposes 
to amend Sec.  91.189(d) to permit an EFVS to be used in lieu of 
natural vision to identify the visual references required for descent 
below the authorized decision height on a Category II or III approach. 
A pilot conducting a Category II or III approach in accordance with 
Sec.  91.189(d) would comply with either the provisions of that 
paragraph for identifying required visual references using natural 
vision or with the provisions of proposed Sec.  91.176 for identifying 
required visual references using EFVS.
    The FAA proposes to amend Sec.  91.189(e) to permit a pilot 
operating an aircraft in a Category II or III approach to continue the 
approach below the authorized DA/DH provided that the conditions 
specified in proposed Sec.  91.176 are met. The proposed changes would 
permit required visual references to be identified using EFVS in lieu 
of natural vision.
    The FAA notes that all of the equipment requirements and airmen 
certification requirements for the conduct of Category II and Category 
III operations would continue to apply when an EFVS is also used during 
the conduct of those operations. The FAA also notes that an operator 
intending to use an EFVS to descend below DA/DH during the conduct of a 
Category II or Category III operation would be required to revise its 
Category II or Category III manual specified in Sec.  91.191 to reflect 
the use of EFVS. A person seeking to conduct Category II or Category 
III operations where the use of EFVS is necessary to conduct those 
operations would have to be authorized by the Administrator.
    The FAA believes that the use of an EFVS could provide operational 
benefits during the conduct of Category II and Category III approaches, 
especially as advanced imaging sensor capabilities are developed to 
penetrate lower visibility conditions. Using EFVS in combination with 
Category II or III capabilities could improve situation and position 
awareness throughout the approach, landing, and rollout. It could also 
minimize the potential for missed approaches, reduce the cost 
associated with missed approaches and contribute to increased access, 
efficiency, and throughput when low visibility is a factor.

J. Revise Pilot Compartment View Rules To Establish Airworthiness 
Standards for Vision Systems With Transparent Displays Located in the 
Pilot's Outside View (Sec. Sec.  23.773, 25.773, 27.773, and 29.773)

    Sections 23.773, 25.773, 27.773, and 29.773 specify the 
requirements and conditions under which the pilot compartment must 
provide an

[[Page 34947]]

extensive, clear, and undistorted view to the pilot for safe operation 
of the aircraft within its operating limitations. Additionally, the 
regulations specify that the pilot compartment must be free of glare 
and reflection that could interfere with the normal duties of the 
minimum flightcrew.
    When these rules were originally issued, the FAA did not anticipate 
the development of vision systems with transparent displays that could 
significantly enhance, or even substitute for, a pilot's natural 
vision. Vision systems are used to display an image of the external 
scene to the flightcrew. This proposal, however, would only address 
vision systems with a transparent display surface located in the 
pilot's outside view, such as a head-up-display, head-mounted display, 
or other equivalent display. Such ``vision systems'' include any 
enhanced vision system, EFVS, SVS, or combined vision system.
    For over a decade, the FAA has certified vision systems for 
transport category aircraft that have head-up displays. During this 
process, the FAA found that the existing airworthiness standards 
governing the pilot compartment view set forth in Sec.  25.773 were 
inadequate to address the novel or unusual design features of these 
systems. Therefore, the FAA issued special conditions under Sec.  21.16 
to provide airworthiness standards which could be used to enable the 
installation of vision systems that would meet a level of safety 
equivalent to that established in the regulations. Special conditions 
were issued to each applicant, because special conditions are only 
applicable to individual certification projects, and would be needed 
for new projects until the regulations are amended.
    The first issuance of special conditions for a vision system 
occurred in 2001 for the Gulfstream G-V. Since 2005, special conditions 
for vision systems have been issued for the following aircraft: (1) 
Bombardier BD-700 Global Express; (2) Bombardier CL-600; (3) McDonnell 
Douglas MD-10-10F/30F; (4) Dassault Falcon 900EX and 2000EX; (5) Boeing 
737-700/-800/-900; (6) Boeing 757-200; (7) Boeing 777F; (8) Dassault 
Falcon 7X; and (9) Gulfstream G-VI.
    These special conditions were developed to ensure that the vision 
system could perform its intended functions with a level of safety 
equivalent to that established in the regulations. While the FAA issues 
special conditions to address novel or unusual design features in a 
particular aircraft, for consistency the FAA attempted to standardize 
these special conditions to the maximum extent possible. With over 
twelve years of experience, the process of developing special 
conditions for vision systems has become routine. Operational 
experience has shown that the certification requirements, set forth in 
the special conditions, have resulted in safe and effective vision 
system operations.
    The FAA recognizes, however, that the issuance of these special 
conditions adds significant time and expense to a certification 
project. These concerns have also been noted in the May 22, 2012 Report 
from the Aviation Certification Process Review and Reform Aviation 
Rulemaking Committee to the Federal Aviation Administration.
    In that report, the committee recommended that the FAA address the 
continued use of special conditions in lieu of rulemaking by updating 
airworthiness standards in cases where special conditions have been 
used for a period of time and the design being evaluated is no longer 
new or novel. Accordingly, the FAA has determined it would be in the 
public interest to revise pilot compartment view rules to establish 
airworthiness standards for vision systems with transparent displays. 
This action would respond to the committee's concerns, provide industry 
with known requirements for the certification of these systems, and 
eliminate the costs resulting from the process of issuing special 
conditions.
    Based on the experience gained by the FAA in developing special 
conditions, the FAA now believes that it is appropriate to establish 
airworthiness standards for vision systems with transparent displays 
located in the pilot's outside view for airplanes and rotorcraft. 
Accordingly, the FAA proposes to amend Sec. Sec.  23.773, 25.773, 
27.773, and 29.773 to include those general requirements that were 
previously contained in special conditions. In recognition of the rapid 
development of vision system technology, the proposed amendments are 
also written to permit the certification of a wide range of current and 
future vision systems and to address display methods other than a HUD, 
such as head-mounted displays or other types of head-up presentations.
    Although the proposed amendments differ slightly in structure to 
conform with the sections to which they have been added, the proposed 
requirements are essentially identical. The amendments would ensure 
that the system compensates for interference, provides an undistorted 
and conformal view of the external scene, provides a means to 
deactivate the display, and does not restrict the pilot from performing 
specific maneuvers.
    Each section would be amended to ensure that, while the vision 
system display is in operation, it must compensate for interference 
with the pilot's outside view. The combination of what is visible in 
the display and what remains visible through and around it must enable 
the pilot using a vision system to perform those actions necessary for 
the operation of the aircraft as safely and effectively as would a 
pilot without a vision system.
    The FAA proposes that while the vision system is in operation, it 
must provide an undistorted view of the external scene. To ensure that 
the information provided by the vision system to the pilot is conformal 
to the external scene, the FAA would require that the imagery, attitude 
symbology, flight path vector, flight path angle reference cue, and 
other cues which are referenced to this imagery and external scene 
topography, be presented in a manner that is aligned with, and scaled 
to, the external scene.
    The vision system would be required to provide a means to allow the 
pilot using the display to immediately deactivate and reactivate the 
vision system imagery, on demand, without removing the pilot's hands 
from the primary flight controls and thrust, or power, controls. The 
FAA believes that this proposed requirement is necessary in the 
unlikely event that the vision system does not provide a clear and 
undistorted image of the external scene or when the pilot does not wish 
to utilize the system's full capabilities in time critical situations.
    When the vision system is not in operation, it must not restrict 
the pilot from performing those maneuvers necessary for the safe 
operation of the aircraft or detract from the ability of the pilot 
compartment to meet applicable airworthiness standards. This proposed 
requirement would ensure that when the vision system is not in 
operation the pilot would be able to operate the aircraft as safely and 
effectively as would a pilot without a vision system.
    The FAA notes that previously issued special conditions contained 
additional requirements that have not been set forth in this proposal. 
The FAA proposes that those previous requirements be specified in 
guidance material as a means of compliance with the proposed 
requirements set forth in Sec. Sec.  23.773, 25.773, 27.773, and 
29.773. This guidance would be contained in proposed AC 20-167A, 
Airworthiness Approval of Enhanced Vision System, Synthetic Vision 
System, Combined

[[Page 34948]]

Vision System, and Enhanced Flight Vision System Equipment. 
Additionally, certification criteria for head-up displays is contained 
in AC 25-11A, Change 1, Electronic Flight Deck Displays.

K. Related Amendments (Sec. Sec.  91.175, 91.189, and 91.905)

    The reference in current Sec.  91.175(c)(3)(vi) to the term 
``visual approach slope indicator'' would be revised to ``the visual 
glideslope indicator.'' The FAA proposes to revise this term because 
the term ``visual approach slope indicator'' is excessively 
restrictive. The proposed revision would permit other devices, such as 
a precision approach path indicator (PAPI) and a pulsating visual 
approach slope indicator (PVASI), that provide visual glideslope 
information to be used as a required visual reference for operations 
below DA/DH or MDA during the conduct of an instrument approach 
procedure.
    In a previous rulemaking action, Area Navigation (RNAV) and 
Miscellaneous Amendments (72 FR 31678; Jun 7, 2007), the FAA changed 
most of the references to ``DH or MDA'' in Sec.  91.175 to ``DA/DH or 
MDA.'' However, the references to ``DH or MDA'' in Sec.  91.175(l) were 
not changed. The FAA proposes to correct this inadvertent omission and 
amend proposed Sec.  91.176(b) accordingly.
    Currently Sec.  91.175 is listed as one of the rules in Sec.  
91.905 that is subject to waiver. As the proposal moves the provisions 
applicable to EFVS operations to 100 feet currently contained in Sec.  
91.175(l) and (m) to proposed Sec.  91.176, the FAA proposes to amend 
Sec.  91.905 to include proposed Sec.  91.176 as a rule subject to 
waiver. Proposed Sec.  91.176 would also contain regulatory provisions 
applicable to EFVS operations to touchdown and rollout. As the FAA has 
already permitted EFVS operations to 100 feet to be subject to waiver, 
the FAA proposes that the provisions of the rule applicable to EFVS 
operations to touchdown and rollout also be subject to waiver.

L. Conforming Amendments (Sec. Sec.  91.175 and 91.189)

    Certain conforming amendments consisting of revisions to regulatory 
citations and updates to terms need to be made as the result of this 
proposed rulemaking action and a previous rulemaking action.
    The introductory text of Sec.  91.175(c) would be amended to change 
the reference to ``paragraph (l) of this section'' to ``Sec.  91.176'' 
since proposed Sec.  91.176 would contain the current and proposed 
rules for EFVS.
    The FAA proposes to amend Sec.  91.175(d)(1) to refer to proposed 
Sec.  91.176 because proposed Sec.  91.176 would contain rules for EFVS 
operations. The FAA also proposes to amend Sec.  91.175(d)(1) to delete 
the reference to paragraph (l)(4) of that section and refer to 
paragraphs (a)(3)(iii) and (b)(3)(iii) of proposed Sec.  91.176. These 
paragraphs would contain the visual references required for descent 
below 100 feet above the touchdown zone elevation for EFVS operations 
to touchdown and rollout and EFVS operations to 100 feet, respectively.
    Paragraph (e)(1) of Sec.  91.175 would be amended to revise the 
reference to paragraph (l) of that section to refer to proposed Sec.  
91.176 which would contain the rules for EFVS operations.

M. Implementation

    The FAA proposes to limit initial implementation of EFVS operations 
to touchdown and rollout to visibilities of no lower than 1000 RVR 
because airworthiness and certification criteria have not been 
developed to support EFVS operations below 1000 RVR. All operators who 
wish to conduct EFVS operations to touchdown and rollout under this 
proposal would be required to obtain an OpSpec, MSpec, or LOA, as 
appropriate.
    Airworthiness and certification criteria to support EFVS operations 
to touchdown and rollout in visibilities as low as 1000 RVR were 
developed through FAA and industry participation on RTCA Special 
Committee 213 (SC-213). RTCA SC-213 was tasked with developing minimum 
aviation system performance standards (MASPS) for both EFVS operations 
to 100 feet and EFVS operations to touchdown and rollout. The special 
committee was also tasked with developing MASPS for synthetic vision 
systems (which are not the subject of the operational requirements of 
this rule) and combined vision systems. On December 16, 2008, RTCA 
published DO-315, which contained the MASPS for EFVS operations to 100 
feet above the touchdown zone elevation. The FAA subsequently 
incorporated these MASPS into AC 20-167, Airworthiness Approval of 
Enhanced Vision System, Synthetic Vision System, Combined Vision 
System, and Enhanced Flight Vision System Equipment. RTCA SC-213 then 
began work on MASPS for EFVS to touchdown operations. Because the 
airworthiness requirements to support EFVS operations in very low 
visibilities would be different than those conducted in a higher 
visibility range, SC-213 recommended parsing the MASPS for touchdown 
and rollout operations into two activities--MASPS for EFVS to touchdown 
and rollout down to 1000 RVR and MASPS for EFVS to touchdown and 
rollout down to 300 RVR. RTCA published DO-315A on September 15, 2010, 
which contains the MASPS for EFVS operations to touchdown and rollout 
down to 1000 RVR. The FAA currently only plans to revise AC 20-167 to 
incorporate these MASPS for EFVS operations to touchdown and rollout 
down to 1000 RVR. RTCA SC-213, however, is currently working to develop 
MASPS for EFVS operations to touchdown and rollout in visibilities down 
to 300 RVR.
    Current enhanced flight vision systems use infrared-based (IR-
based) sensors. While IR-based sensors provide the required enhanced 
flight visibility in certain visibility-limiting conditions, they 
currently do not provide the enhanced flight visibility required by the 
operating rules for EFVS to support operations in lower visibility 
ranges. Industry is developing other sensor technologies, such as 
millimeter wave radar, that are not limited in the same ways that IR-
based sensors are limited. These efforts are still developmental, but 
show promise. Anticipating that industry's sensor development efforts 
will produce sensors or sensor combinations that will provide adequate 
enhanced flight visibility to support operations at less than 1000 RVR, 
the FAA's proposed rule language has been written in a performance-
based manner.
    The FAA intends to manage these authorizations for EFVS to 
touchdown and rollout through OpSpecs, MSpecs, and LOAs. Managing 
authorizations in this manner would enable the FAA to structure an 
operator's operational approval in a way that is performance-based--a 
way that links equipage and system performance to specific operational 
capabilities and authorizations. It would also permit the FAA to 
respond more rapidly to new technology. Rather than restricting the use 
of all vision technologies to a rigid and limiting set of visibility 
values, the FAA, for example, could permit new EFVS operations as 
vision technologies and appropriate equipment certification criteria 
are developed. The FAA believes that its actions would accommodate 
future growth in real-time sensor technologies without having to amend 
the regulations to address these future technological advancements.

[[Page 34949]]

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 
(Public Law 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Public Law 96-39) prohibits agencies from setting standards that 
create unnecessary obstacles to the foreign commerce of the United 
States. In developing U.S. standards, the 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). This portion of the preamble 
summarizes the FAA's analysis of the economic impacts of this proposed 
rule. We suggest that readers seeking greater details read the full 
regulatory evaluation, a copy of which we placed in the docket for this 
rulemaking.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Has benefits that justify the costs; (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; (3) is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) would not have a 
significant economic impact on a substantial number of small entities; 
(5) would not create unnecessary obstacles to the foreign commerce of 
the United States; and (6) would not impose an unfunded mandate on 
state, local, or tribal governments, or other private sectors by 
exceeding the threshold identified above. These analyses are summarized 
below.
Parties Potentially Affected by This Rulemaking
 Original equipment manufacturers (OEMs) producing enhanced 
flight vision systems (EFVS) or other vision systems, in accordance 
with parts 23, 25, 27, or 29
 Persons installing EFVS or other vision systems with a 
transparent display surface located in the pilot's outside view
 Persons conducting EFVS operations under parts 91, 121, 125, 
129, or part 135
 Persons conducting EFVS training
Principal Assumptions and Sources of Information
 A 10-year period for this analysis is used because this period 
captures all significant cost impacts
 Discount rate is 7 percent (Office of Management & Budget, 
Circular A-4, ``Guidelines and Discount Rates for Benefit-Cost Analysis 
of Federal Programs,'' October 29, 1992, p. 8, www.whitehouse.gov/omb/circulars/index.html)
 An average of 4 pilots assigned to each EFVS-equipped aircraft
 OEMs and two operators provided the number of EFVS-equipped 
aircraft
 Operators of some aircraft equipped with older EFVS units 
would not seek certification for EFVS to touchdown and rollout
 The estimation of the incremental training cost per person is 
approximately $750 based on data collected from training centers
 Certification costs of incremental EFVS capabilities to 
touchdown and rollout are approximately $1 million in the aggregate
 Aircraft operations over the next 10 years will grow about 
3.7% per year based on the FAA 2012 forecast (Table 28, FAA Aerospace 
Forecast Fiscal Years 2012-2032) \1\
---------------------------------------------------------------------------

    \1\ The FAA forecast for active general aviation (GA) turbojets 
is 3.7% for the period of 2011-2021.
---------------------------------------------------------------------------

Benefits of This Rule
    Since the decision to conduct EFVS operations is voluntary, the FAA 
expects those who choose to engage in those operations would do so only 
if the expected benefit to them exceeds the cost they incur. The 
proposed rule would enable expanded EFVS operations, which would 
increase access, efficiency and throughput in low visibility 
conditions, and minimize potential for missed approaches and delayed 
take-offs. In addition, EFVS permits low visibility operations on a 
greater number of approach procedure types. Changes in the U.S. 
aviation infrastructure,\2\, for example, the transition from 
incandescent to light-emitting diode (LED) approach lights, could 
potentially impact the near term benefits for persons using EFVS 
equipment but may not impact future benefits of EFVS equipment designed 
to be interoperable with LEDs. The impact on the benefits is unknown 
because both the infrastructure and EFVS capabilities are evolving. 
Benefits of this proposed rule would be realized by averting costs 
related to interrupted flight operations due to low visibility 
resulting in lost passenger time and extra fuel consumption.
---------------------------------------------------------------------------

    \2\ FAA airport infrastructure decisions are independent from 
this analysis.
---------------------------------------------------------------------------

    Since aircraft currently cannot use EFVS to touchdown and rollout, 
we do not have sufficient historical data to quantify these benefits. 
We invite comments from existing EFVS operators about their expected 
benefits. We request comments to include airplanes affected, type of 
operation, number of approaches that would be completed as a result of 
adopting the provisions of the proposed rule, and extra costs of missed 
approaches and delayed departures and arrivals.
    Revisions to pilot compartment view requirements for vision systems 
with a transparent display surface located in the pilot's outside view 
would codify the current practice of issuing special conditions for 
each of these vision systems by providing industry with known 
requirements for the certification of these systems under parts 23, 25, 
27, and 29. Because the proposed changes would streamline the 
certification process for these vision systems by eliminating the need 
to issue special conditions, the FAA and applicants would save the time 
and expense associated with the issuance of these special conditions. 
The full extent of these benefits is not known and therefore has not 
been quantified in this analysis.
Costs of This Rule
    The regulatory costs attributed to the proposed requirements are 
those above and beyond the current regulation and common practice. The 
FAA estimates compliance costs as the incremental differences in costs, 
resulting from the proposed changes in training, equipment and 
certification requirements. Data were obtained from EFVS original 
equipment manufacturers, training centers, and two operators. The total 
incremental cost attributable to the proposed requirements equals 
nominal training cost ($4.3 million) plus the initial certification 
cost ($1 million). The compliance cost of the proposed equipment 
requirements is negligible. The total incremental cost of the proposed 
rule is approximately $5.3 million for the ten year period. The present 
value cost is approximately $4.5 million using a seven percent discount

[[Page 34950]]

rate. The following table presents the summary of the regulatory costs 
in 2012 dollars (nominal value) and present value (PV).

------------------------------------------------------------------------
                                     Cost in 2012
         Cost component               dollars ($          PV at 7% ($
                                       million)            million)
------------------------------------------------------------------------
Training Cost...................                $4.3                $3.5
Certification Cost..............                 1                   1
                                 ---------------------------------------
    Total.......................                 5.3                 4.5
------------------------------------------------------------------------

    Revisions to pilot compartment view requirements for vision systems 
with a transparent display surface located in the pilot's outside view 
would not result in additional certification costs compared to the 
current process of issuing special conditions for each vision system 
installation because the amendment would not require the FAA or an 
applicant to take additional actions to certificate these systems. The 
full extent of the costs for the certification of new vision systems 
with a transparent display surface located in the pilot's outside view 
is not known and has not been quantified in the analysis.
Benefit/Cost Summary
    The total estimated cost of this proposed rule over 10 years is 
approximately $5.3 million nominal value or $4.5 million present value 
at a 7% discount rate. The annualized cost of this proposed rule in 
current dollar value is a half million dollars. These estimated 
compliance costs would be incurred by those operators who want improved 
EFVS capabilities. OEMs are already proceeding with efforts to expand 
EFVS capabilities, which indicate the benefits of conducting expanded 
EFVS operations would likely exceed the costs. Operators have also 
expressed an interest in obtaining EFVS capabilities to conduct 
operations to touchdown and rollout. The revisions to pilot compartment 
view requirements for vision systems with a transparent display surface 
located in the pilot's outside view would not impose additional costs 
from those currently incurred using the special conditions process. The 
FAA believes the proposed rule would have benefits exceeding costs 
based on the likelihood that OEMs and operators would voluntarily incur 
the costs of the proposed rule in order to realize expected benefits. 
To quantify benefits, we request comments about expected benefits 
attributable to the proposed rule.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Public Law 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-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, 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 FAA expects many small entities would benefit from this 
proposed rule. The purpose of the rule is to provide the safe operating 
requirements which would allow EFVS to extend operations from the 
current 100 feet above the touchdown zone elevation to landing. As 
these systems are largely installed in general aviation turbojets, we 
expect a substantial number of small entities to be affected. However, 
as the rule is voluntary, these small entities must choose to comply 
with this rule to obtain additional EFVS capabilities. Given the value 
of these turbojets, the value of EFVS and the value of the flights, the 
additional training cost would not result in a significant economic 
impact. Therefore, the FAA certifies that this proposed rule would not 
have 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 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 proposed rule and determined that 
the rule would not impose obstacles to foreign commerce, as foreign 
exporters do not have to change their current export products to the 
United States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 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 FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This proposed 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.

[[Page 34951]]

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.
    This action contains the following proposed information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the FAA has submitted these proposed information 
collection requirements to OMB for its review.
    The paperwork burden comprises documentation of requirements for 
training, recent flight experience, and proficiency under Sec.  61.31. 
The following analyses were conducted under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501). If some operators eventually choose to 
conduct EFVS operations to touchdown and rollout, the provisions of 
proposed Sec.  61.31(l) would result in a requirement to keep records 
of training, recent flight experience, and proficiency. It would not 
require mandatory reporting. We estimate the paperwork burden of these 
requirements to be $86,000.
    The total cost of the annualized paperwork burden is determined by 
multiplying the number of pilots per EFVS-equipped aircraft (four) by 
the number of EFVS aircraft (982) and then by the time of complying 
with the paperwork requirements for each pilot. The requirement of 
keeping flight crewmembers' training documentation is covered under 
current Federal aviation regulations. Therefore, we would not repeat 
the cost estimate of recordkeeping due to current training requirement. 
Operators, however, are required to log their approaches using EFVS in 
6 months in compliance with the recent flight experience and 
proficiency requirements of the proposed rule. The action of logging 
each approach in a semiannual frequency can be done manually or 
electronically. We estimated the time required to complete 
recordkeeping by flight crewmembers would be about 0.10 hours 
semiannually or 0.20 hours annually. Assuming 3,928 pilots would be 
affected by the recordkeeping provisions of the rule, it would require 
about 786 hours of annual paperwork, and approximately $86,000 nominal 
cost at the maximum based on the average wage rate of $109 for flight 
crewmembers from the RITA-BTS Form 41.
    Individuals and organizations may submit comments on the 
information collection requirement by September 9, 2013, and should 
direct them to the address listed in the ADDRESSES section of this 
document. Comments also should be submitted to the Office of Management 
and Budget, Office of Information and Regulatory Affairs, Attention: 
Desk Officer for FAA, New Executive Building, Room 10202, 725 17th 
Street NW., Washington, DC 20053 or via facsimile at (202) 395-6974.
    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 OMB control number. 
The OMB control number for this information collection will be 
published in the Federal Register, after the Office of Management and 
Budget approves it.

F. International Compatibility

    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 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Orders 12866 and 13563

    See the ``Regulatory Evaluation'' discussion in the ``Regulatory 
Notices and Analyses'' section elsewhere in this preamble.

B. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would 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, would not have 
Federalism implications.

C. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed 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 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to 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. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    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. 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 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD ROM, mark the outside of the disk or CD 
ROM, and identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary 
information

[[Page 34952]]

filed with a comment, the agency does not place it in the docket. It is 
held in a separate file to which the public does not have access, and 
the FAA places a note in the docket that it has received it. If the FAA 
receives a request to examine or copy this information, it treats it as 
any other request under the Freedom of Information Act (5 U.S.C. 552). 
The FAA processes such a request under Department of Transportation 
procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
1 above.

VII. The Proposed Amendment

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 23

    Aircraft, Aviation safety.

14 CFR Part 25

    Aircraft, Aviation safety.

14 CFR Part 27

    Aircraft, Aviation safety.

14 CFR Part 29

    Aircraft, Aviation safety.

14 CFR Part 61

    Aircraft, Airmen, Reporting and recordkeeping requirements.

14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Reporting and recordkeeping requirements.

14 CFR Part 121

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

14 CFR Part 125

    Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety.

The Proposed Amendment

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

PART 1--DEFINITIONS AND ABBREVIATIONS

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

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

0
2. Amend Sec.  1.1 by adding the definition of ``EFVS operation'' in 
alphabetical order, and revising the definition for ``Enhanced flight 
vision system (EFVS)'' to read as follows:

Sec.  1.1  General definitions.

* * * * *
    EFVS operation means an operation in which an EFVS is required to 
be used to perform an approach or landing, determine enhanced flight 
visibility, identify required visual references, or conduct the 
rollout.
* * * * *
    Enhanced flight vision system (EFVS) means an installed aircraft 
system which uses an electronic means to provide a display of the 
forward external scene topography (the applicable 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 forward-looking infrared, millimeter wave radiometry, 
millimeter wave radar, or low-light level image intensification. The 
EFVS sensor imagery and required aircraft flight information and flight 
symbology is displayed on a head-up display, or an equivalent display, 
so that the imagery and symbology is clearly visible to the pilot 
flying in his or her normal position with the line of vision looking 
forward along the flight path. An EFVS includes the display element, 
sensors, computers and power supplies, indications, and controls.
* * * * *

PART 23--AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 
COMMUTER CATEGORY AIRPLANES

0
3. The authority citation for part 23 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

0
4. Amend Sec.  23.773 by adding paragraph (c) to read as follows:

Sec.  23.773  Pilot compartment view.

* * * * *
    (c) A vision system with a transparent display surface located in 
the pilot's outside view, such as a head-up-display, head-mounted 
display, or other equivalent display, must meet the following 
requirements:
    (1) While the vision system display is in operation, it must 
compensate for interference with the pilot's outside view such that the 
combination of what is visible in the display and what remains visible 
through and around it, enables the pilot to perform the maneuvers as 
specified in paragraph (a)(1) of this section and the pilot compartment 
to meet the provisions of paragraph (a)(2) of this section.
    (2) While the vision system display is in operation, it must 
provide an undistorted view of the external scene. The vision system 
display must present the imagery, attitude symbology, flight path 
vector, flight path angle reference cue, and other cues which are 
referenced to this imagery and external scene topography, so that they 
are aligned with, and scaled to, the external scene.
    (3) The vision system must provide a means to allow the pilot using 
the display to immediately deactivate and reactivate the vision system 
imagery, on demand, without removing the pilot's hands from the primary 
flight controls (yoke or equivalent) or thrust controls.
    (4) When the vision system is not in operation it must not restrict 
the pilot from performing the maneuvers as specified in paragraph 
(a)(1) of this section and the pilot compartment from meeting the 
provisions of paragraph (a)(2) of this section.

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

0
5. The authority citation for part 25 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, and 44704.

0
6. Amend Sec.  25.773 by adding paragraph (e) to read as follows:

[[Page 34953]]

Sec.  25.773  Pilot compartment view.

* * * * *
    (e) Vision systems with transparent displays. A vision system with 
a transparent display surface located in the pilot's outside view, such 
as a head-up-display, head-mounted display, or other equivalent 
display, must meet the following requirements:
    (1) While the vision system display is in operation, it must 
compensate for interference with the pilot's outside view such that the 
combination of what is visible in the display and what remains visible 
through and around it, enables the pilot to perform the maneuvers and 
normal duties as specified in paragraph (a) of this section.
    (2) While the vision system display is in operation, it must 
provide an undistorted view of the external scene. The vision system 
display must present the imagery, attitude symbology, flight path 
vector, flight path angle reference cue, and other cues which are 
referenced to this imagery and external scene topography, so that they 
are aligned with, and scaled to, the external scene.
    (3) The vision system must provide a means to allow the pilot using 
the display to immediately deactivate and reactivate the vision system 
imagery, on demand, without removing the pilot's hands from the primary 
flight controls (yoke or equivalent) or thrust controls.
    (4) When the vision system is not in operation it must not restrict 
the pilot from performing the maneuvers as specified in paragraph 
(a)(1) of this section and the pilot compartment from meeting the 
provisions of paragraph (a)(2) of this section.

PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

0
7. The authority citation for part 27 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

0
8. Amend Sec.  27.773 by adding paragraph (c) to read as follows:

Sec.  27.773  Pilot compartment view.

* * * * *
    (c) A vision system with a transparent display surface located in 
the pilot's outside view, such as a head-up-display, head-mounted 
display, or other equivalent display, must meet the following 
requirements:
    (1) While the vision system display is in operation, it must 
compensate for interference with the pilot's outside view such that the 
combination of what is visible in the display and what remains visible 
through and around it, provides for the same level of safe operation as 
specified in paragraphs (a)(1) and (b) of this section.
    (2) While the vision system display is in operation, it must 
provide an undistorted view of the external scene. The vision system 
display must present the imagery, attitude symbology, flight path 
vector, flight path angle reference cue, and other cues which are 
referenced to this imagery and external scene topography, so that they 
are aligned with, and scaled to, the external scene.
    (3) The vision system must provide a means to allow the pilot using 
the display to immediately deactivate and reactivate the vision system 
imagery, on demand, without removing the pilot's hands from the primary 
flight and power controls (cyclic and collective or equivalent).
    (4) When the vision system is not in operation it must permit the 
same level of safe operation as specified in paragraphs (a)(1) and (b) 
of this section.

PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT

0
9. The authority citation for part 29 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

0
10. Amend Sec.  29.773 by adding paragraph (c) to read as follows:

Sec.  29.773  Pilot compartment view.

* * * * *
    (c) A vision system with a transparent display surface located in 
the pilot's outside view, such as a head-up-display, head-mounted 
display, or other equivalent display, must meet the following 
requirements:
    (1) While the vision system display is in operation, it must 
compensate for interference with the pilot's outside view such that the 
combination of what is visible in the display and what remains visible 
through and around it, provides for the same level of safe operation as 
specified in paragraph (a) of this section.
    (2) While the vision system display is in operation, it must 
provide an undistorted view of the external scene. The vision system 
display must present the imagery, attitude symbology, flight path 
vector, flight path angle reference cue, and other cues which are 
referenced to this imagery and external scene topography, so that they 
are aligned with, and scaled to, the external scene.
    (3) The vision system must provide a means to allow the pilot using 
the display to immediately deactivate and reactivate the vision system 
imagery, on demand, without removing the pilot's hands from the primary 
flight and power controls (cyclic and collective or equivalent).
    (4) When the vision system is not in operation it must permit the 
same level of safe operation as specified in paragraph (a) of this 
section.

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
11. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

0
12. Amend Sec.  61.31 by redesignating paragraph (l) as paragraph (m) 
and adding a new paragraph (l) to read as follows:

Sec.  61.31  Type rating requirements, additional training, and 
authorization requirements.

* * * * *
    (l) Additional training required for EFVS operations. (1) Except as 
provided under paragraph (l)(7) of this section, no person may 
manipulate the controls of an aircraft or act as pilot in command of an 
aircraft during an EFVS operation as specified in Sec.  91.176(a) or 
(b) of this chapter, or serve as a required pilot flight crewmember 
during an EFVS operation as specified in Sec.  91.176(a) of this 
chapter, unless that person--
    (i) Receives and logs ground training from an authorized instructor 
under a training program approved by the Administrator; and
    (ii) Obtains a logbook or other endorsement from an authorized 
instructor who certifies the person completed the ground training.
    (2) The ground training specified in paragraph (a)(1)(i) of this 
section must include the following subjects:
    (i) Applicable portions of this chapter that relate to EFVS flight 
operations and limitations, including AFM limitations;
    (ii) EFVS display, controls, modes, features, symbology, 
annunciations, and associated systems and components;
    (iii) EFVS sensor performance, sensor limitations, scene 
interpretation, visual anomalies, and other visual effects;
    (iv) Preflight planning and operational considerations associated 
with using EFVS during taxi, takeoff, climb, cruise, descent and 
landing phases of flight, including the use of EFVS for instrument 
approaches, operating below DA/DH or MDA, executing missed approaches, 
landing, rollout, and balked landings;

[[Page 34954]]

    (v) Weather associated with low visibility conditions and its 
effect on EFVS performance;
    (vi) Normal, abnormal, emergency, and crew coordination procedures 
when using EFVS; and
    (vii) Interpretation of approach and runway lighting systems and 
their display characteristics when using an EFVS.
    (3) Except as provided under paragraph (l)(7) of this section, no 
person may manipulate the controls of an aircraft or act as pilot in 
command of an aircraft during an EFVS operation as specified in Sec.  
91.176(a) or (b) of this chapter unless that person--
    (i) Receives and logs flight training from an authorized instructor 
who meets the requirements in this paragraph (l) under a training 
program approved by the Administrator; and
    (ii) Obtains a logbook or other endorsement from an authorized 
instructor who found the person proficient in the use of EFVS for the 
EFVS operations to be conducted.
    (4) The flight training specified in paragraph (l)(3)(i) of this 
section must include the following tasks--
    (i) Preflight and inflight preparation of EFVS equipment for EFVS 
operations, including EFVS setup and use of display, controls, modes 
and associated systems, including adjustments for brightness and 
contrast under day and night conditions;
    (ii) Proper piloting techniques associated with using EFVS during 
taxi, takeoff, climb, cruise, descent, landing, and rollout, to include 
missed approaches and balked landings;
    (iii) Proper piloting techniques for the use of EFVS during 
instrument approaches, to include operations below DA/DH or MDA as 
applicable, under both day and night conditions;
    (iv) Determining enhanced flight visibility;
    (v) Identifying required visual references appropriate to EFVS 
operations;
    (vi) Transitioning from EFVS sensor imagery to natural vision 
acquisition of required visual references and the runway environment;
    (vii) Using EFVS sensor imagery to touchdown and rollout, if EFVS 
operations as specified in Sec.  91.176(a) of this chapter are to be 
conducted; and
    (viii) Normal, abnormal, emergency, and crew coordination 
procedures when using an EFVS.
    (5) A flight simulator equipped with an EFVS may be used to meet 
the flight training requirements specified in paragraph (l)(3) of this 
section. The flight simulator must be a level `C' simulator with a 
daylight visual display, or a level `D' simulator. Each simulator must 
be qualified for EFVS by the National Simulator Program.
    (6) A person qualified to conduct EFVS operations under Sec.  
91.176(a) or (b) of this chapter who seeks to conduct additional EFVS 
operations for which that person has not received training must 
receive--
    (i) The flight training and endorsement specified in paragraph 
(l)(3) of this section appropriate to the additional EFVS operations to 
be conducted; or
    (ii) A pilot proficiency check on the additional EFVS operations 
administered by an FAA inspector, designated examiner, a check airman 
under parts 121, 125, 135, or a program manager check pilot under part 
91 subpart K of this chapter.
    (7) The requirements under paragraphs (l)(1) and (3) of this 
section do not apply if a person has satisfactorily completed--
    (i) A pilot proficiency check on EFVS operations as specified in 
Sec.  91.176(a) or (b) of this chapter, as applicable, conducted by:
    (A) An FAA Inspector or designated examiner;
    (B) A person authorized by the U.S. Armed Forces to administer an 
EFVS proficiency check provided the person receiving the check was a 
member of the U.S. Armed Forces at the time the check was administered;
    (C) An authorized instructor employed by a Federal, State, county, 
or municipal agency to administer an EFVS proficiency check provided 
the person receiving the check was employed by that agency at the time 
the check was administered; or
    (D) A check airman under parts 121, 125, 135, or a program manager 
check pilot under part 91 subpart K of this chapter; or
    (ii) A training program, proficiency check, or other course of 
instruction applicable to EFVS operations conducted under Sec.  
91.176(b) of this chapter that is acceptable to the Administrator 
before [DATE TWO YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
* * * * *
0
13. Amend Sec.  61.57 by adding paragraphs (h) and (i) to read as 
follows:

Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (h) EFVS operating experience. (1) A person may manipulate the 
controls of an aircraft during an EFVS operation or act as pilot in 
command of an aircraft during an EFVS operation only if, within 6 
calendar months preceding the month of the flight, that person performs 
and logs six instrument approaches under any weather conditions as the 
sole manipulator of the controls using an EFVS. One approach must 
terminate in a full stop landing. For persons authorized to exercise 
the privileges of Sec.  91.176(a), the full stop landing must be 
conducted using the EFVS.
    (2) A flight simulator equipped with an EFVS may be used to meet 
the EFVS operating experience requirements specified in paragraph 
(h)(1) of this section. The flight simulator must be a level `C' 
simulator with a daylight visual display, or a level `D' simulator. 
Each simulator must be qualified by the National Simulator Program for 
EFVS.
    (i) EFVS proficiency check. A person who does not meet the EFVS 
experience requirements of this paragraph (h) must pass an EFVS 
proficiency check to act as pilot in command in an EFVS operation or to 
manipulate the controls of an aircraft during an EFVS operation. The 
proficiency check must be performed in the category of aircraft for 
which the person is seeking the EFVS privilege or in a flight simulator 
that is representative of that category of aircraft. The flight 
simulator must be a level `C' simulator with a daylight visual display, 
or a level `D' simulator. Each simulator must be qualified by the 
National Simulator Program for EFVS. The check must consist of the 
tasks listed in Sec.  61.31(l), and the check must be performed by:
    (1) An FAA Inspector or designated examiner who is qualified to 
perform EFVS operations in that same aircraft category;
    (2) A person who is authorized by the U.S. Armed Forces to perform 
EFVS proficiency checks, provided the person being administered the 
check is also a member of the U.S. Armed Forces;
    (3) A company check pilot who is authorized to perform EFVS 
proficiency checks under parts 121, 125, or 135, or subpart K of part 
91 of this chapter, provided that both the check pilot and the pilot 
being tested are employees of that operator or fractional ownership 
program manager, as applicable;
    (4) An authorized instructor who meets the additional training 
requirements for EFVS operations specified in Sec.  61.31(l) of this 
chapter, and if conducting a proficiency check in an aircraft, meets 
the recent flight experience specified in paragraph (h) of this section 
or this paragraph (i); or
    (5) A person approved by the FAA to perform EFVS proficiency 
checks.

[[Page 34955]]

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
14. 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, 44704, 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).

0
15. Amend Sec.  91.175 by revising paragraphs (c) introductory text, 
(c)(3)(vi), (d)(1), and (e)(1), and removing paragraphs (l) and (m).
    The revisions read as follows:

Sec.  91.175  Takeoff and landing under IFR.

* * * * *
    (c) Operation below DA/DH or MDA. Except as provided in Sec.  
91.176 of this chapter, where a DA/DH or MDA is applicable, no pilot 
may operate an aircraft, except a military aircraft of the United 
States, below the authorized MDA or continue an approach below the 
authorized DA/DH unless--
* * * * *
    (3) * * *
    (vi) The visual glideslope indicator.
* * * * *
    (d) * * *
    (1) For operations conducted under Sec.  91.176 of this chapter, 
the requirements of paragraphs (a)(3)(iii) or (b)(3)(iii), as 
applicable, of that section are not met; or
* * * * *
    (e) * * *
    (1) Whenever operating an aircraft pursuant to paragraph (c) of 
this section or Sec.  91.176 of this chapter, the requirements of that 
paragraph are not met at either of the following times:
* * * * *
0
16. Add Sec.  91.176 to read as follows:

Sec.  91.176  Operation below DA/DH or MDA using an enhanced flight 
vision system (EFVS) under IFR.

    (a) EFVS operations to touchdown and rollout. No person may conduct 
an EFVS operation in an aircraft, except a military aircraft of the 
United States, at any airport below the authorized DA/DH to touchdown 
and rollout using a straight-in, precision instrument approach 
procedure or an approach procedure with approved vertical guidance 
unless the following requirements are met:
    (1) Equipment. (i) The aircraft is equipped with an operable EFVS 
that has either an FAA type design approval certified for EFVS 
operations to touchdown and rollout, or for a foreign-registered 
aircraft that does not have an FAA-type design approval, an EFVS that 
otherwise meets the requirements of this chapter for those operations. 
The EFVS must:
    (A) Have an electronic means to provide a display of the forward 
external scene topography (the applicable 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 
forward-looking infrared, millimeter wave radiometry, millimeter wave 
radar, or low-light level image intensification.
    (B) Present EFVS sensor imagery and aircraft flight symbology on a 
head-up display, or an equivalent display, so that the imagery and 
symbology is clearly visible to the pilot flying in his or her normal 
position with the line of vision looking forward along the flight path. 
Aircraft flight symbology must consist of at least airspeed, vertical 
speed, aircraft attitude, heading, altitude, height above ground level 
such as that provided by a radio altimeter or other device capable of 
providing equivalent performance, command guidance, as appropriate, for 
the approach to be flown, path deviation indications, flight path 
vector, and flight path angle reference cue. Additionally, the EFVS 
must display flare prompt or flare guidance, as appropriate, for 
achieving acceptable touchdown performance.
    (C) Present the displayed EFVS sensor imagery, attitude symbology, 
flight path vector, and flight path angle reference cue, and other 
cues, which are referenced to the EFVS sensor imagery and external 
scene topography, so that they are aligned with, and scaled to, the 
external view.
    (D) Display the flight path angle reference cue with a pitch scale 
that is selectable by the pilot to the desired descent angle for the 
approach and suitable for monitoring the vertical flight path of the 
aircraft.
    (E) Display the EFVS sensor imagery and aircraft flight symbology 
such that they do not adversely obscure the pilot's outside view or 
field of view through the cockpit window.
    (F) Have display characteristics, dynamics, and cues that are 
suitable for manual control of the aircraft to touchdown in the 
touchdown zone of the runway of intended landing and during rollout.
    (ii) When a minimum flightcrew of more than one pilot is required, 
the aircraft must be equipped with a display that provides the pilot 
monitoring with EFVS sensor imagery. The display must be located within 
the maximum primary field of view of the pilot monitoring and any 
symbology displayed must not adversely obscure the sensor imagery of 
the runway environment. Based upon the EFVS operation to be performed, 
the Administrator may require the display of the EFVS sensor imagery 
and aircraft flight symbology to be provided to the pilot monitoring on 
a head-up display, or other equivalent display appropriate to the 
operation to be conducted.
    (2) Operations. (i) Each required pilot flight crewmember has 
adequate knowledge of, and familiarity with, the aircraft, the EFVS, 
and the procedures to be used.
    (ii) The aircraft is equipped with, and the pilot flying uses, an 
operable EFVS that meets the equipment requirements specified in 
paragraph (a)(1) of this section.
    (iii) When a minimum flightcrew of more than one pilot is required, 
the pilot monitoring must use the display specified in paragraph 
(a)(1)(ii) of this section to monitor and assess the safe conduct of 
the approach, landing, and rollout.
    (iv) 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.
    (v) The descent rate will allow touchdown to occur within the 
touchdown zone of the runway of intended landing.
    (vi) Each required pilot flight crewmember meets--
    (A) The applicable training, recent flight experience, and 
proficiency requirements of part 61 of this chapter, and for a part 119 
or 125 certificate holder, the applicable training, testing and 
qualification provisions of parts 121, 125, and 135 of this chapter; or
    (B) For a foreign person, the requirements of the civil aviation 
authority of the State of the operator.
    (vii) For a person conducting operations under part 91, other than 
those conducted under subpart K, the operation is conducted in 
accordance with a Letter of Authorization authorizing the use of EFVS.
    (viii) For a person conducting operations under part 91, subpart K, 
the operation is conducted in accordance with Management Specifications 
authorizing the use of EFVS.
    (ix) For a person conducting operations under part 121, 129, or 135 
of this chapter, the operation is conducted in accordance with 
operations specifications authorizing the use of EFVS.
    (x) For a person conducting operations under part 125 of this 
chapter, the operation is conducted in accordance with operations 
specifications authorizing the use of

[[Page 34956]]

EFVS or the operator holds a Letter of Authorization for the use of 
EFVS.
    (3) Visibility and Visual Reference Requirements. 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 DA/DH and land unless:
    (i) The pilot determines that the enhanced flight visibility 
observed by use of a certified EFVS is not less than the visibility 
prescribed in the instrument approach procedure being used.
    (ii) From the authorized DA/DH to 100 feet above the touchdown zone 
elevation of the runway of intended landing, the approach light system 
(if installed) or both the runway threshold and the touchdown zone are 
distinctly visible and identifiable to the pilot using an EFVS.
    (A) The runway threshold must be identified using at least one of 
the following visual references--
    (1) The beginning of the runway landing surface;
    (2) The threshold lights; or
    (3) The runway end identifier lights.
    (B) The touchdown zone must be identified using at least one of the 
following visual references--
    (1) The runway touchdown zone landing surface;
    (2) The touchdown zone lights;
    (3) The touchdown zone markings; or
    (4) The runway lights.
    (iii) At 100 feet above the touchdown zone elevation of the runway 
of intended landing and below that altitude, one of the following 
visual references are distinctly visible and identifiable to the pilot 
using an EFVS--
    (A) The runway threshold;
    (B) The lights or markings of the threshold;
    (C) The runway touchdown zone landing surface; or
    (D) The lights or markings of the touchdown zone.
    (b) EFVS operations to 100 feet above the touchdown zone elevation. 
No person may conduct an EFVS operation in an aircraft, except a 
military aircraft of the United States, at any airport below the 
authorized DA/DH or MDA to 100 feet above the touchdown zone elevation 
using a straight-in, instrument approach procedure unless the following 
requirements are met:
    (1) Equipment. The aircraft is equipped with an operable EFVS 
that--
    (i) Meets the requirements of paragraph (a)(1)(i) of this section;
    (ii) Has an FAA-type design approval for EFVS operations to 100 
feet above touchdown zone elevation and meets the requirements of 
paragraph (a)(1)(i) of this section but need not present flare prompt, 
flare guidance, or height above ground level; or
    (iii) For a foreign-registered aircraft that does not have an FAA-
type design approval, an EFVS that otherwise meets the requirements of 
this chapter for those operations.
    (2) Operations. (i) Each required pilot flight crewmember has 
adequate knowledge of, and familiarity with, the aircraft, the EFVS, 
and the procedures to be used.
    (ii) The aircraft is equipped with, and the pilot flying uses, an 
operable EFVS that meets the equipment requirements specified in 
paragraph (b)(1) of this section.
    (iii) 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.
    (iv) 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.
    (v) Each required pilot flight crewmember meets--
    (A) The applicable training, recent flight experience and 
proficiency requirements of part 61 of this chapter, and for a part 119 
or 125 certificate holder, the applicable training, testing, and 
qualification provisions of parts 121, 125, and 135 of this chapter; or
    (B) For a foreign person, the requirements of the civil aviation 
authority of the State of the operator.
    (vi) For a person conducting operations under part 91, subpart K, 
the operation is conducted in accordance with Management Specifications 
authorizing the use of EFVS.
    (vii) For a person conducting operations under part 121, 129, or 
135 of this chapter, the operation is conducted in accordance with 
operations specifications authorizing the use of EFVS.
    (viii) For a person conducting operations under part 125 of this 
chapter, the operation is conducted in accordance with operations 
specifications authorizing the use of EFVS or a Letter of Authorization 
for the use of EFVS.
    (3) Visibility and Visual Reference Requirements. 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/DH 
and land unless:
    (i) From the authorized MDA or DA/DH to 100 feet above the 
touchdown zone elevation of the runway of intended landing, 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 instrument approach procedure being used.
    (ii) From the authorized MDA or DA/DH to 100 feet above the 
touchdown zone elevation of the runway of intended landing, the 
approach light system (if installed) or both the runway threshold and 
the touchdown zone are distinctly visible and identifiable to the pilot 
using an EFVS.
    (A) The runway threshold must be identified using at least one of 
the following visual references--
    (1) The beginning of the runway landing surface;
    (2) The threshold lights; or
    (3) The runway end identifier lights.
    (B) The touchdown zone must be identified using at least one of the 
following visual references--
    (1) The runway touchdown zone landing surface;
    (2) The touchdown zone lights;
    (3) The touchdown zone markings; or
    (4) The runway lights.
    (iii) 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 one of the following visual references to be 
distinctly visible and identifiable to the pilot without reliance on 
the EFVS to continue to a landing--
    (A) The runway threshold;
    (B) The lights or markings of the threshold;
    (C) The runway touchdown zone landing surface; or
    (D) The lights or markings of the touchdown zone.
0
17. Amend Sec.  91.189 by revising paragraphs (d) introductory text and 
(e) to read as follows:

Sec.  91.189  Category II and III operations: General operating rules.

* * * * *
    (d) Except as provided in Sec.  91.176 of this part or unless 
otherwise authorized by the Administrator, no pilot operating an 
aircraft in a Category II or Category III approach that provides and 
requires the use of a DA/DH may continue the approach below the 
authorized decision height unless the following conditions are met:
* * * * *
    (e) Except as provided in Sec.  91.176 of this part or unless 
otherwise authorized by the Administrator, each pilot operating an 
aircraft shall immediately execute an appropriate missed approach 
whenever, prior to touchdown, the requirements of paragraph (d) of this 
section are not met.
* * * * *

[[Page 34957]]

0
18. Amend Sec.  91.905 by adding an entry for Sec.  91.176 in numerical 
order to read as follows:

Sec.  91.905  List of rules subject to waivers.

* * * * *

91.176 Operation below DA/DH or MDA using an enhanced flight vision 
system (EFVS) under IFR.
* * * * *

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

0
19. 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, 46105.

0
20. Revise Sec.  121.613 to read as follows:

Sec.  121.613  Dispatch or flight release under IFR or over-the-top.

    No person may dispatch or release an aircraft for operations under 
IFR or over-the-top, unless appropriate weather reports or forecasts, 
or any combination thereof, indicate that the weather conditions will 
be at or above the authorized minimums at the estimated time of arrival 
at the airport or airports to which dispatched or released except--
    (a) As provided in Sec.  121.615; or
    (b) In accordance with the certificate holder's operations 
specifications for EFVS operations.
0
21. Amend Sec.  121.615 by revising paragraph (a) to read as follows:

Sec.  121.615  Dispatch or flight release over water: Flag and 
supplemental operations.

    (a) Except as provided in the certificate holder's operations 
specifications for EFVS operations, no person may dispatch or release 
an aircraft for a flight that involves extended overwater operation, 
unless appropriate weather reports or forecasts, or any combination 
thereof, indicate that the weather conditions will be at or above the 
authorized minimums at the estimated time of arrival at any airport to 
which dispatched or released, or to any required alternate airport.
* * * * *
0
22. Amend Sec.  121.651 by revising paragraphs (b) introductory text, 
(c) introductory text, (d) introductory text, redesignating paragraphs 
(e) and (f) as paragraphs (f) and (g), and adding new paragraph (e) to 
read as follows:

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

* * * * *
    (b) Except as provided in paragraphs (d) and (e) of this section, 
no pilot may continue an approach past the final approach fix, or where 
a final approach fix is not used, begin the final approach segment of 
an instrument approach procedure--
* * * * *
    (c) Except as provided in paragraph (e) of this section, a pilot 
who has begun the final approach segment of an instrument approach 
procedure in accordance with paragraph (b) of this section and, after 
that, receives a later weather report indicating below-minimum 
conditions, 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 the following 
requirements are met--
* * * * *
    (d) Except as provided in paragraph (e) of this section, a pilot 
may begin the final approach segment of an instrument approach 
procedure, other than a Category II or Category III procedure at an 
airport when the visibility is less than the visibility minimums 
prescribed for that procedure if the airport is served by an operative 
ILS and an operative PAR, and both are used by the pilot. However, no 
pilot may continue an approach below the authorized DA/DH unless the 
following requirements are met:
* * * * *
    (e) A pilot may begin the final approach segment of an instrument 
approach procedure, or continue that approach procedure, at an airport 
when the visibility is reported to be less than the visibility minimums 
prescribed for that procedure if the aircraft is equipped with, and a 
pilot uses, an operable EFVS in accordance with Sec.  91.176 of this 
chapter and the certificate holder's operations specifications for EFVS 
operations.
* * * * *

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

0
23. 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.

0
24. Revise Sec.  125.325 to read as follows:

Sec.  125.325  Instrument approach procedures and IFR landing minimums.

    Except as specified in Sec.  91.176 of this chapter, no person may 
make an instrument approach at an airport except in accordance with IFR 
weather minimums and unless the type of instrument approach procedure 
to be used is listed in the certificate holder's operations 
specifications.
0
25. Revise Sec.  125.361 to read as follows:

Sec.  125.361  Flight release under IFR or over-the-top.

    No person may release an airplane for operations under IFR or over-
the-top, unless appropriate weather reports or forecasts, or any 
combination thereof, indicate that the weather conditions will be at or 
above the authorized minimums at the estimated time of arrival at the 
airport or airports to which released except--
    (a) As provided in Sec.  125.363; or
    (b) In accordance with the certificate holder's operations 
specifications for EFVS operations.
0
26. Amend Sec.  125.363 by revising paragraph (a) to read as follows:

Sec.  125.363  Flight release over water.

    (a) Except as provided in the certificate holder's operations 
specifications for EFVS operations, no person may release an airplane 
for a flight that involves extended overwater operation, unless 
appropriate weather reports or forecasts, or any combination thereof, 
indicate that the weather conditions will be at or above the authorized 
minimums at the estimated time of arrival at any airport to which 
released, or to any required alternate airport.
* * * * *
0
27. Amend Sec.  125.381 by revising paragraphs (a)(2), (b), and (c) 
introductory text, and adding paragraph (d) to read as follows:

Sec.  125.381  Takeoff and landing weather minimums: IFR.

    (a) * * *
    (2) Except as provided in paragraphs (c) and (d) of this section, 
land an airplane under IFR.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
no pilot may execute an instrument approach procedure if the latest 
reported visibility is less than the landing minimums specified in the 
certificate holder's operations specifications.
    (c) Except as provided in paragraph (d) of this section, a pilot 
who initiates an instrument approach procedure based on a weather 
report that indicates that the specified visibility minimums

[[Page 34958]]

exist and subsequently receives another weather report that indicates 
that conditions are below the minimum requirements, may continue the 
approach if the following conditions are met--
* * * * *
    (d) A pilot may execute an instrument approach procedure, or 
continue the approach, at an airport when the visibility is reported to 
be less than the visibility minimums prescribed for that procedure if 
the aircraft is equipped with, and a pilot uses, an operable EFVS in 
accordance with Sec.  91.176 of this chapter, and the certificate 
holder's operations specifications for EFVS operations.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
28. 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.

0
29. Revise Sec.  135.219 to read as follows;

Sec.  135.219  IFR: Destination airport weather minimums.

    Except as provided in the certificate holder's operations 
specifications for EFVS operations, no person may take off an aircraft 
under IFR or begin an IFR or over-the-top operation unless the latest 
weather reports or forecasts, or any combination of them, indicate that 
weather conditions at the estimated time of arrival at the next airport 
of intended landing will be at or above authorized IFR landing 
minimums.
0
30. Amend Sec.  135.225 by:
    a. Revising paragraphs (a) introductory text and (c) introductory 
text;
    b. Amending paragraph (d) introductory text by removing the word 
``If'' and adding in its place the words ``Except as provided in 
paragraph (j) of this section, if''; and
    c. Adding paragraph (j).
    The revisions and addition read as follows:

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

    (a) Except to the extent permitted by paragraphs (b) and (j) of 
this section, no pilot may begin an instrument approach procedure to an 
airport unless--
* * * * *
    (c) Except as provided in paragraph (j) of this section, a pilot 
who has begun the final approach segment of an instrument approach to 
an airport under paragraph (b) of this section, and receives a later 
weather report indicating that conditions have worsened to below the 
minimum requirements, may continue the approach if the following 
conditions, are met--
* * * * *
    (j) A pilot may begin an instrument approach procedure, or continue 
the approach, at an airport when the visibility is reported to be less 
than the visibility minimums prescribed for that procedure if the 
aircraft is equipped with, and a pilot uses, an operable EFVS in 
accordance with Sec.  91.176 of this chapter, and the certificate 
holder's operations specifications for EFVS operations.

    Issued under authority provided by 49 U.S.C. 40103 and 
44701(a)(5) in Washington, DC, on May 30, 2013.
Margaret Gilligan,
Associate Administrator for Aviation Safety, AVS-1.
[FR Doc. 2013-13454 Filed 6-10-13; 8:45 am]
BILLING CODE 4910-13-P
```