[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]

[Rules and Regulations]

[Pages 39388-39389]

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

[FR Doc No: 2012-16280]

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

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

DEPARTMENT OF TRANSPORTATION

14 CFR Part 1

[Docket No. FAA-2012-0019; Amdt. No. 1-67]

RIN 2120- AK03

Removal of Category IIIa, IIIb, and IIIc Definitions; 

Confirmation of Effective Date and Response to Public Comments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date and response 

to public comments.

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

SUMMARY: This action confirms the effective date of the direct final 

rule published on February 16, 2012 (77 FR 9163), and responds to the 

comments received on that direct final rule. In that document, the FAA 

proposed to remove the definitions of Category IIIa, IIIb, and IIIc 

operations because the definitions are outdated and no longer used for 

aircraft certification or operational authorization.

DATES: The direct final rule becomes effective on June 12, 2012.

ADDRESSES: For information on where to obtain copies of rulemaking 

documents and other information related to this action, see ``How To 

Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 

section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 

this action, contact Bryant Welch, Flight Technologies and Procedures 

Division, Flight Operations Branch, AFS-410, Federal Aviation 

Administration, 470 L'Enfant Plaza, Suite 4102, Washington, DC 20024; 

telephone (202) 385-4539; email bryant.welch@faa.gov.

 For legal questions concerning this action, contact Nancy Sanchez, 

Office of the Chief Counsel, Regulations Division, AGC-200, Federal 

Aviation Administration, 800 Independence Avenue SW., Washington, DC 

20591; telephone (202) 267-3073; email nancy.sanchez@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

 On February 7, 2012, the FAA issued Amendment No. 1-67, entitled 

``Removal of Category IIIa, IIIb, and IIIc Definitions'' (77 FR 9163). 

The direct final rule removes the definitions of Category IIIa, IIIb, 

and IIIc operations. The definitions are outdated because they are no 

longer used for aircraft certification or operational authorization. 

Removing the definitions will aid in international harmonization 

efforts, future landing minima reductions, and airspace system capacity 

Federal Register, Volume 77 Issue 128 (Tuesday, July 3, 2012) Page 1 of 4

file://C:\Program Files\Documentum\CTS\docbases\ProDocbase\config\temp_sessions\3622221176183528804\09... 7/5/2012
improvements due to the implementation of performance based operations. 

The FAA requested that comments on that rule be received on or before 

March 19, 2012.

 By letter dated March 16, 2012, the International Civil Aviation 

Organization (ICAO) requested that the FAA consider postponing the 

effective date of the rule until the rule is reviewed through an 

international process. ICAO stated that due to the short time frame, it 

was not in the position to understand the full implications of removing 

the Category IIIa, IIIb, and IIIc definitions. ICAO further stated that 

additional time was necessary to adequately assess the impact of the 

Direct Final Rule and prepare comments.

 On April 13, 2012, the FAA reopened the comment period for the 

Direct Final Rule until May 14, 2012, and delayed the effective date 

from April 16, 2012 to June 12, 2012. A direct final rule takes effect 

on the specified date unless the FAA receives an adverse comment or 

notice of intent to file an adverse comment within the comment period. 

If adverse comments are received, the FAA will advise the public by 

publishing a document in the Federal Register before the effective date 

of the direct final rule. An adverse comment explains why a rule would 

be inappropriate or would be ineffective or unacceptable without a 

change, or may challenge the rule's underlying premise or approach. The 

FAA received eight comments on this rule. The FAA does not consider 

these comments to be adverse and is therefore publishing this 

Confirmation of Effective Date and Response to Public Comments in 

response to those comments.

Discussion of Comments

 The FAA received eight comments on this rule. Six of those comments 

were received during the original comment period, and two comments were 

received after the comment period reopened. ICAO, Boeing, and five 

individuals commented on this rule.

 On March 16, 2012, ICAO requested that the FAA delay the effective 

date of the rule so that it may conduct further review of this 

rulemaking. By letter dated May 14, 2012, ICAO submitted a follow up 

comment, stating that it has been clarified that ``removal of the 

Category IIIa, IIIb, and IIIc definitions from 14 CFR part 1 will not 

impact relevant operational documents such as advisory circulars.'' 

Additionally, ICAO further stated that ``this initiative would have no 

impact on the recognition of any CAT III a, b, or c operational 

approval for international operators or United States-issued 

operational approvals which conform to Annex 6--Operation of Aircraft. 

On this basis, the International Civil Aviation Organization has no 

objection to the change * * *''

 Two individual commenters expressed support for this rulemaking. 

Boeing and three individual commenters expressed concern about various 

aspects of this rulemaking. Boeing submitted a comment during the 

original comment period. It stated that ``[w]ithout additional 

guidance, the removal of these categories' definitions will create 

confusion and inconsistencies in the establishment of operational 

authorizations, and leave subject to individual interpretation the low 

weather minima capabilities of the combined ground, space, and airborne 

systems.'' Boeing also noted that this rulemaking will require 

corresponding changes to other FAA regulations, orders and advisory 

circulars and will have substantial international ramifications. 

Additionally, Boeing suggested that ``the public be given the 

opportunity to review the proposed changes in their entirety and 

comment via the Notice of Proposed Rulemaking (NPRM) process.'' Boeing 

did not submit an additional comment during the reopened comment 

period.

 Several individual commenters expressed similar concerns. One 

commenter stated that ``[a] unilateral change of these standards by the 

United

Federal Register, Volume 77 Issue 128 (Tuesday, July 3, 2012) Page 2 of 4

file://C:\Program Files\Documentum\CTS\docbases\ProDocbase\config\temp_sessions\3622221176183528804\09... 7/5/2012
[[Page 39389]]

States will negate the current global harmony of these landing 

definitions, and compel international flight crews to train and operate 

differently in the United States versus the rest of the world.'' This 

commenter further stated that ``* * * these changes should not be 

allowed to become effective until ICAO has changed the internationally 

recognized standard definitions, and all member states have concurred * 

* *'' Two anonymous commenters submitted nearly identical comments and 

stated that ``[t]he proposed definition relaxation will result in 

blending the Cat III operational and system performance distinctions, 

and appears to ignore the potential reduction in safety'' These 

individuals also commented that ``* * * fail-passive systems and flight 

crews trained to the fail-passive minimums and procedures will be 

permitted to fly to fail-operational minimums.''

 In response to Boeing's comment, the FAA notes that the removal of 

the Category IIIa, IIIb, and IIIc definitions will not affect current 

FAA category III aircraft certifications or operator authorizations and 

will not require changes to other FAA regulations. Category III 

standards used in the United States will be completely unaffected by 

the removal of the Category IIIa, IIIb, and IIIc definitions. The 

Category III operational concepts represented by the Category IIIa, 

IIIb, and IIIc definitions are used to develop the certification and 

authorization criteria and these criteria are then applied directly to 

individual aircraft certifications and operator authorizations. Thus, 

the certification of Category III aircraft systems under Advisory 

Circular (AC) 120-28D no longer directly refers to the Category IIIa, 

b, and c definitions contained in 14 CFR 1.1, but uses the 

airworthiness criteria in the AC and the certification statements refer 

to those criteria as well. Likewise, Operations Specification (OpSpec) 

C060, the operational authorization for Category III operators, no 

longer specifically uses the Category IIIa, IIIb, and IIIc definitions, 

but rather ties authorized weather minima to the certification level of 

aircraft, as specified in the AC.

 In response to the individual comments, the FAA notes that AC 120-

28D uses the ICAO Category IIIa, IIIb, and IIIc definitions in its 

development of Category III operational concepts. Category IIIa, IIIb, 

and IIIc definitions will continue to be used unless changed in the 

normal ICAO process. In its second comment, ICAO stated that this 

rulemaking would have no impact on the recognition of any CAT III a, b, 

or c operational approval for international operators or United Statesissued operational approvals which conform to Annex 6--Operation of 

Aircraft and therefore has no objection to the change. Thus, 

operational authorizations for all operators and aircraft certification 

through AC 120-28D and OpSpec C060 rely only upon the ICAO Category 

IIIa, IIIb, and IIIc definitions and will be completely unaffected by 

removing the definitions of Category IIIa, IIIb, and IIIc in the CFR. 

Additionally, the use of Fail Passive or Fail Operational Category III 

minima is not bound by the Category III definition. Category III minima 

are controlled completely by the operational authorization, OpSpec 

C060, under criteria contained in AC 120-28D. Since, as explained 

above, the AC criteria will be unaffected by removal of the subdefinitions, CAT III minima authorized through the OpSpec will be 

unchanged.

Conclusion

 After consideration of the comments submitted in response to the 

direct final rule, the FAA has determined that no further rulemaking 

action is necessary. Therefore, Amendment 1-67 remains in effect.

How To Obtain Additional Information

Federal Register, Volume 77 Issue 128 (Tuesday, July 3, 2012) Page 3 of 4

file://C:\Program Files\Documentum\CTS\docbases\ProDocbase\config\temp_sessions\3622221176183528804\09... 7/5/2012
A. Rulemaking Documents

 An electronic copy of a rulemaking document my be obtained by using 

the Internet--

 1. Search the Federal eRulemaking Portal (http://www.regulations.gov);

 2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ o

 3. Access the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.

 Copies may also be obtained by sending a request (identified by 

notice, amendment, or docket number of this rulemaking) to the Federal 

Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 

Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

 Comments received may be viewed by going to http://www.regulations.gov and following the online in

docket number for this action. Anyone is able to search the electronic 

form of all comments received into any of the FAA's dockets by the name 

of the individual submitting the comment (or signing the comment, if 

submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

 The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with small entity requests for information 

or advice about compliance with statutes and regulations within its 

jurisdiction. A small entity with questions regarding this document, 

may contact its local FAA official, or the person listed under the FOR 

FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 

To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemakin

 Issued in Washington, DC on June 11, 2012.

John M. Allen,

Director, Flight Standards Service.

[FR Doc. 2012-16280 Filed 7-2-12; 8:45 am]

BILLING CODE 4910-13-P

Federal Register, Volume 77 Issue 128 (Tuesday, July 3, 2012) Page 4 of 4

file://C:\Program Files\Documentum\CTS\docbases\ProDocbase\config\temp_sessions\3622221176183528804\09... 7/5/2012