This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

9677 

Vol. 82, No. 25 

Wednesday, February 8, 2017 

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; Amdt. Nos. 

1–70A, 23–63A, 25–144A, 27–48A, 29–56A, 

61–139A, 91–345A, 121–376A, 125–66A, and 

135–135A] 

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), Department of 

Transportation (DOT). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On December 13, 2016, the 

Federal Aviation Administration (FAA) 

published a final rule to permit 

operators to use an enhanced flight 

vision system in lieu of natural vision 

to continue descending from 100 feet 

above the touchdown zone elevation to 

the runway and to land on certain 

straight-in instrument approach 

procedures under instrument flight 

rules. The FAA is delaying the effective 

date of this final rule. 

DATES: The effective date of the rule 

amending 14 CFR parts 1, 23, 25, 27, 29, 

61, 91, 121, 125, and 135 published at 

81 FR 90126, December 13, 2016, is 

delayed until March 21, 2017, except for 

the amendments to §§ 61.66 

(amendatory instruction no. 15), 91.175 

(amendatory instruction no. 18), 

91.1039 (amendatory instruction no. 

23), 121.651 (amendatory instruction 

no. 27), 125.325 (amendatory 

instruction no. 33), 125.381 

(amendatory instruction no. 35), and 

135.225 (amendatory instruction no. 

38), which are effective March 13, 2018. 

FOR FURTHER INFORMATION 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) 267–8790; email 

Terry.King@faa.gov. 

SUPPLEMENTARY INFORMATION: On 

December 13, 2016, the FAA published 

the final rule Revisions to Operational 

Requirements for the Use of Enhanced 

Flight Vision Systems (EFVS) and to 

Pilot Compartment View Requirements 

for Vision Systems. That final rule 

permits operators to use an EFVS in lieu 

of natural vision to continue descending 

from 100 feet above the touchdown zone 

elevation to the runway and to land on 

certain straight-in instrument approach 

procedures under instrument flight 

rules. Additionally, the final rule 

addresses provisions that permit 

operators who conduct EFVS operations 

under 14 CFR part 121, 125, or 135 to 

use EFVS-equipped aircraft to dispatch, 

release, or takeoff under instrument 

flight rules, and revises the regulations 

for those operators to initiate and 

continue an approach, when the 

destination airport weather is below 

authorized visibility minimums for the 

runway of intended landing. The final 

rule establishes pilot training and recent 

flight experience requirements for 

operators who use EFVS in lieu of 

natural vision to descend below the 

decision altitude/decision height or 

minimum descent altitude. EFVSequipped aircraft conducting operations 

to touchdown and rollout are required 

to meet additional airworthiness 

requirements. The final rule also revises 

pilot compartment view certification 

requirements for vision systems using a 

transparent display surface located in 

the pilot’s outside field of view. 

In accordance with the President’s 

memorandum ‘‘Regulatory Freeze 

Pending Review’’ issued January 20, 

2017, and the accompanying M–17–16, 

Implementation of Regulatory Freeze, 

issued January 24, 2017, the FAA is 

hereby delaying the effective date of the 

final rule from March 13, 2017 to March 

21, 2017. This delay in effective date 

will allow for the review of this final 

rule in accordance with the President’s 

memorandum. 

The FAA emphasizes that the 

amendments to §§ 61.66 (amendatory 

instruction no. 15), 91.175 (amendatory 

instruction no. 18), 91.1039 

(amendatory instruction no. 23), 

121.651 (amendatory instruction no. 

27), 125.325 (amendatory instruction 

no. 33), 125.381 (amendatory 

instruction no. 35), and 135.225 

(amendatory instruction no. 38), 

discussed in the December 13, 2016, 

final rule are not affected by this change 

in effective date of the final rule. Those 

provisions will become effective March 

13, 2018. This change in effective date 

of the final rule also does not affect the 

date by which persons conducting EFVS 

operations to 100 feet above the TDZE 

under §§ 91.175(l) and (m) must begin 

conducting them under § 91.176(b) and 

thus comply with the training, recent 

flight experience, and refresher training 

requirements of § 61.66. The compliance 

date for these provisions is March 13, 

2018. The FAA also notes that the date 

specified in § 61.66(h)(4) remains 

unchanged. Section 61.66(h)(4) excepts 

persons from the ground and flight 

training requirements in § 61.66(a) and 

(b) if they are conducting EFVS 

operations under § 91.176(b) and can 

document that prior to March 13, 2018, 

they have satisfactorily completed 

ground and flight training on EFVS 

operations to 100 feet above the TDZE. 

Administrative Procedure Act 

Section 553(b)(3)(B) of Title 5, United 

States Code, (the Administration 

Procedure Act) authorizes agencies to 

dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. The FAA finds 

that prior notice and public comment to 

this final rule is unnecessary due to the 

brief length of the extension of the 

effective date and the fact that there is 

no change to the rule. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC on February 2, 2017. 

Dale A. Bouffiou, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2017–02582 Filed 2–7–17; 8:45 am] 

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