[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Rules and Regulations]
[Pages 6082-6088]
[FR Doc No: 2014-02123]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, and 135

[Docket No.: FAA-2012-1059; Amdts. No.: 121-368, 125-63, 135-128]
RIN 2120-AK11

Minimum Altitudes for Use of Autopilots

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rulemaking amends and harmonizes minimum altitudes for
use of autopilots for transport category airplanes; it also enables the
operational use of advanced autopilot and navigation systems by
incorporating the capabilities of current and future autopilots, flight
guidance systems, and Global Navigation Satellite System (GNSS)
guidance systems while protecting the continued use of legacy systems
at current autopilot minimum use altitudes. Additionally, this final
rule implements a performance-based approach, using the certified
capabilities of autopilot systems as established by the Airplane Flight
Manual (AFM) or as approved by the Administrator.

DATES: Effective April 4, 2014.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Kel O. Christianson, FAA, Aviation Safety
Inspector, Performance Based Flight Systems Branch (AFS-470), Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    For legal questions concerning this action, contact Robert H.
Frenzel, Manager, Operations Law Branch, Office of the Chief Counsel,
Regulations Division (AGC-220), Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. This rulemaking is promulgated
under the authority described in 49 U.S.C. 106(f), which establishes
the authority of the Administrator to promulgate regulations and rules
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. This amendment to the regulation is within the scope
of that authority because it prescribes an accepted method for ensuring
the safe operation of aircraft while using autopilot systems.

I. Overview of Final Rule

    The FAA amends and harmonizes minimum altitudes for use of
autopilots for transport category airplanes in order to streamline and
simplify these operational rules. This final rule enables the
operational use of advanced autopilot and navigation systems by
incorporating the capabilities of existing and future autopilots,
flight guidance systems, and GNSS guidance systems while protecting the
continued use of legacy systems. This allows the FAA to enable the
benefits of Next Generation Air Transportation System (NextGen)
technologies and procedures (Optimized Profile Descents, Performance
Based Navigation (PBN)) to enhance aviation safety in the National
Airspace System (NAS). This final rule also gives the FAA Administrator
the authorization to require an altitude higher than the AFM if the
Administrator believes it to be in the interest of public safety.
    Currently, operators have a choice whether or not to update their
aircraft with new autopilots as they are developed and certified by
equipment manufacturers. This final rule does not affect this decision-
making process and protects operators to continue operating as they do
today. As a result, this action does not impose any additional costs on
certificate holders that operate under parts 121, 125, or 135. Also, by
setting new minimum altitudes for each phase of flight that approved
equipment may operate to, this final rule gives manufacturers more
certainty that new products can be used as they are developed.
    In response to Executive Order 13563 issued by President Obama on
January 18, 2011, this rule was identified for inclusion in the
Department of Transportation Retrospective Regulatory Review (May
2011), noting that the current minimum altitudes for use of autopilots
were unduly restrictive and would limit the ability to use new
technologies. On May 10, 2012,

President Obama signed Executive Order 13610, establishing the
Retrospective Regulatory Review as an on-going obligation. The final
rule is consistent with the requirement in Executive Order 13610 to
modify or streamline regulations ``in light of changed circumstances,
including the rise of new technologies.''

II. Background

A. Statement of the Problem

    The FAA and Civil Aeronautics Administration (CAA) (the predecessor
to the FAA) technical standards for autopilot systems date back to
1947. These standards have been revised eight times since 1959, but the
operating rules for autopilot minimum use altitudes in 14 Code of
Federal Regulations (14 CFR) Sec. Sec.  121.579, 125.329, and 135.93
have not been amended in any significant way since the recodification
of the Civil Aviation Regulations (CAR) and Civil Aviation Manuals
(CAM) on December 31, 1964.
    By contrast, autopilot certification standards contained in 14 CFR
25.1329 were updated as recently as April 11, 2006. Consequently,
operational regulations in parts 121, 125, and 135 do not adequately
reflect the capabilities of modern technologies in use today and thus
make it difficult to keep pace with the FAA's implementation of
NextGen.

B. History

    The FAA published an NPRM in the Federal Register on December 9,
1994 (59 FR 63868) based on a recommendation from the Autopilot
Engagement Working Group of the Aviation Rulemaking Advisory Committee
(ARAC) to change the existing rules concerning engagement of autopilots
during takeoff. The ARAC determined that the increased use of an
autopilot during takeoff would enhance aviation safety by giving pilots
greater situational awareness of what was going on inside and outside
of the aircraft. This benefit would be realized by reducing the task
loading required to manually fly the aircraft during the critical
takeoff phase of flight. The FAA received seven comments in response to
the NPRM, and all commenters supported an amendment to the rule.
    In 1997, the FAA amended Sec. Sec.  121.579, 125.329, and 135.93 to
permit certificate holders the use of an approved autopilot system for
takeoff, based on the 1994 NPRM and an expectation that autopilot
technology would continue to advance (62 FR 27922; May 21, 1997). This
authorization was given to certificate holders through an Operations
Specification (OpSpec), which was implemented as a stopgap measure. The
rule itself was not changed to provide manufacturers and operators the
guidance for producing and operating new aircraft capable of attaining
lower autopilot minimum use altitudes. The amendment also failed to
address autopilot minimum use altitudes on instrument approaches or
harmonize 14 CFR parts 121, 125 and 135.

C. ARAC Efforts To Amend Autopilots Rules

    Since 1997, multiple groups have been formed to review current
regulations and autopilot technologies. The FAA Transport Airplane
Directorate initiated an effort under the ARAC Flight Guidance
Harmonization Working Group to evaluate the status of current autopilot
technologies, rules and guidance along with the harmonization of U.S.
policy and guidance with the Joint Aviation Authorities. Later, the
Performance-based operations Aviation Rulemaking Committee, which
established the Autopilot Minimum Use Height (MUH) action team,
evaluated autopilot minimum use altitudes and made recommendations to
the Associate Administrator for Aviation Safety. The team was
specifically tasked with developing recommendations to address progress
in the area of PBN and the subsets of area navigation (RNAV) and
required navigation performance (RNP) operations. The team's
conclusions aligned with the previous groups' acknowledgement that
Sec. Sec.  121.579, 125.329 and 135.93 were outdated and recommended
new rulemaking to take advantage of advancements in modern aircraft
technologies and the certified capabilities of autopilot systems to
create a performance-based structure to aid in the implementation of
NextGen flight operations.

D. Summary of the NPRM

    The FAA published an NPRM in the Federal Register on December 4,
2012 (77 FR 71735), proposing to enable the operational use of advanced
autopilot and navigation systems by incorporating the capabilities of
current and future autopilots, flight guidance systems, and GNSS
guidance systems while protecting the continued use of legacy systems.
The NPRM proposed to accomplish this through a performance-based
approach, using the certified capabilities of autopilot systems as
established by the Airplane Flight Manual (AFM) or as approved by the
Administrator. The comment period closed on February 4, 2013.

E. General Overview of Comments

    The FAA received 3 public comments. The National Business Aviation
Association (NBAA) provided one comment supporting the rule. The second
commenter focused on the definitions and terms used in the regulatory
text and the third commenter requested a clarification of the
regulatory text.

III. Discussion of Public Comments and Final Rule

A. Revise Minimum Altitudes for Use of Autopilot (Sec.  121.579,
125.329 and 135.93)

    A commenter suggested that Threshhold Elevation (THRE) be added to
the definition of TDZE to read, ``touchdown zone/threshold elevation''
(TDZE). The suggestion was made based on the fact that, at the time of
the NPRM, TDZEs were being replaced with THREs on instrument approach
plates (IAPs) in the NAS. This resulted in instrument approach plates
published with either a TDZE or THRE. The comment was suggested so that
the rule would reference both terms, thus allowing both terms to be
used by the pilots as a reference for adding the applicable altitudes
or heights published in the AFM.
    The policy to change TDZE to THRE has been rescinded. TDZE will now
be the standard and will replace THRE on IAPs that are currently
published with THRE. Based on this, the FAA has decided that TDZE will
remain the only term used in this final rule. As a result, this final
rule will allow operators to add the applicable altitudes or heights
published in the AFM to the airport elevation and TDZE published on the
instrument approach plate. This will provide a standard reference for
all operators and manufacturers using and producing Flight Management
Systems (FMS).
    The third commenter suggested clarifying the regulatory text as it
related to the base minimum use altitude for an approach and how
Sec. Sec.  91.175 and 91.155 weather conditions are used when applying
autopilot minimums. The FAA agrees with the comment and has clarified
this particular section. Specifically, the FAA has realigned the
regulatory text and placed into separate paragraphs the specific
conditions that must be met in order to apply the autopilot minimums.
    This final rule is a complete rewrite of Sec. Sec.  121.579,
125.329 and 135.93. The language in each section of the regulations is
identical except for an additional paragraph in Sec.  135.93 exempting
rotorcraft. This final rule

harmonizes these three parts of 14 CFR because this final rule is based
on the performance capabilities of the equipment being utilized, not
the operating certificate held. Nothing in this final rule will prevent
or adversely affect the continued safe operation of aircraft using
legacy navigation systems.
    Furthermore, this action defines altitude references for the
different phases of flight, whereas the original rule defined all
altitudes with reference to terrain. Altitudes for takeoff/initial
climb and go-around/missed approach are defined as above the airport
elevation. Altitudes for enroute operations are defined as above
terrain elevation. Altitudes used for approach are defined as being
above Touchdown Zone Elevation (TDZE). If the altitude is in reference
to a Decision Altitude/Height (DA(H)) or Minimum Descent Altitude
(MDA), the altitude will be defined in relation to the DA(H) or MDA
itself (e.g. 50 ft. below DA(H)). Upon further review of the proposed
regulatory text, the FAA is removing subparagraph (a)(4) from each of
these sections. The language ``Altitudes defined as being above airport
elevation, TDZE or terrain are above ground level (AGL)'' as proposed
in the NPRM is redundant. The provisions defining the altitude
references in subparagraphs (a)(1), (a)(2) and (a)(3) are sufficient to
define the elevations that will be used to calculate the autopilot
minimum use height/altitude for each phase of flight.
    This final rule is formatted to model the actual phases of flight:
takeoff through landing or go-around/missed approach. Each paragraph in
this final rule has a base minimum autopilot use altitude for the
intended phase of flight that all aircraft may utilize. In order to
protect the use of all legacy systems, the base altitudes will remain
identical to the altitudes in the current rule. Lower minimum use
altitudes are based on certification of the autopilot system and
limitations found in the AFM. The enroute minimum use altitude will not
change from the current rule. Additionally, the minimum use altitude in
each paragraph can be raised by the Administrator if warranted by an
operational or safety need.
    No other comments were received on these three sections and they
are adopted as proposed.

B. Takeoff and Initial Climb (Sec. Sec.  121.579 (b), 125.329(b) and
135.93(b))

    The current rule defines the base minimum altitude at which all
aircraft may engage the autopilot after takeoff as 500 ft. or double
the autopilot altitude loss (as specified in the AFM) above the
terrain, whichever is higher. The current rule also gives the
Administrator the authority to use OpSpecs to authorize a lower minimum
engagement altitude on takeoff, which must be specified in the AFM.
    This final rule retains the same minimum altitudes for all aircraft
to protect legacy systems and introduces the ability to use a lower
engagement altitude on takeoff/initial climb based upon the certified
limits of the autopilot as specified in the AFM. This final rule also
gives the Administrator the authority to specify an altitude above, but
not below, that specified in the AFM.
    As a result, this final rule establishes the AFM as a performance-
based standard by which a certificate holder may be authorized for
operations through its OpSpecs. Once an autopilot's capabilities and
limitations are certified and reflected in the AFM, a certificate
holder may request a change to its OpSpecs to authorize use of the new
autopilot minimum use altitude specified in the AFM. No comments were
received on these three sections and they are adopted as proposed.

C. Enroute (Sec. Sec.  121.579(c), 125.329(c) and 135.93(c))

    The enroute paragraph of the current rule specifies a minimum use
altitude of 500 ft. above terrain, or an altitude that is no lower than
twice the autopilot altitude loss specified in the AFM, whichever is
higher, for all operations. This final rule maintains the same base
minimum use altitude as the current rule, while granting the
Administrator the authority to specify a higher altitude if required by
an operational or safety related need.
    No comments were received on these three sections and they are
adopted as proposed.

D. Approach (Sec. Sec.  121.579(d), 125.329(d), 135.93(d))

    The base minimum use altitude for an approach in this final rule
will remain the same as the current rule. Aircraft with a specified
height loss may use an autopilot no lower than 50 ft. below the DA (H)
or MDA or twice the altitude loss specified in the AFM, whichever is
greater. The current rule allows for exceptions to this altitude with
the use of a coupled autopilot, instrument landing system (ILS), and
specified reported weather conditions.
    This final rule is written to allow current operators the ability
to operate as they do now (thereby protecting legacy systems), while
also allowing operators with updated systems to attain lower minimum
use heights. If an operator has an approved autopilot that can fly a
coupled approach, ILS or other than the ILS, it may use the AFM
specified ``altitude loss'' or Administrator directed height as the
basis for disconnecting the autopilot on the approach. In instrument
flight rules (IFR) conditions or operations in less than visual flight
rules (VFR), the aircraft is below the MDA or DA and pilot has Sec.
91.175 references, the disengage height remains ``altitude loss plus 50
ft.'' In VFR conditions, the operator may use the ``altitude loss'' as
the disengage height or 50 ft., whichever is higher. This final rule
allows the aircraft to be used down to a lower minimum use height based
on the AFM limitation and the ability of the pilot to immediately
recognize a possible autopilot deviation by using visual references
outside the aircraft.
    No other comments were received on these three sections and they
are adopted as proposed. Sections 121.579(d), 125.329(d), and 135.93(d)
appear in the final rule with the changes as described for paragraphs
(d)(1).

E. Go Around/Missed Approach (Sec. Sec.  121.579(e), 125.329(e) and
135.93(e))

    The final rule provides guidance for executing a missed approach/
go-around that the current rule lacks. This guidance is first presented
in the approach paragraph, wherein an aircraft does not need to comply
with the autopilot minimum use altitude of that paragraph provided it
is executing a coupled missed approach/go-around. A new subparagraph
provides guidance on when the autopilot can be engaged on the missed
approach/go-around when accomplished.
    No comments were received on these three sections and they are
adopted as proposed.

F. Landing (Sec. Sec.  121.579(f), 125.329(f) and 135.93(f))

    The last paragraph in this final rule provides guidance for
landing. Current language authorizes the Administrator, through
OpSpecs, to allow an aircraft to touchdown with the autopilot engaged
using an approved autoland flight guidance system. This authorization
relies upon an ILS to meet this requirement. This final rule states
that minimum use altitudes do not apply to autopilot operations when an
approved and authorized landing system mode is being used for landing.
This final rule will not limit approved landing systems to ground based
systems. This action will allow new performance based landing systems
to be approved and implemented for autoland operations as they become
available.

    No comments were received on these three sections and they are
adopted as proposed.

G. Rotorcraft Operations (Sec.  135.93(g))

    The current rule expressly excludes rotorcraft operations from the
minimum altitudes for use of autopilots. This final rule continues to
exclude rotorcraft operations.
    No comments were received on Sec.  135.93(g), and it appears as
proposed.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect, and the basis for it, be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared. A
full regulatory evaluation was not prepared for this final rule. The
reasoning for this determination follows:
Benefits
    This final rule incorporates the capabilities of current autopilots
and will allow operators to more readily utilize the capabilities of
future autopilots, flight guidance systems, and GNSS guidance systems
as they are developed. These new capabilities accelerate the benefits
of NextGen technologies and procedures that depend upon auto flight
guidance systems to enhance aviation safety in the NAS. If operators
pursue the lower minimum altitudes based on their autopilots'
certification, they will realize benefits from increased ability to
operate.
Costs
    This final rule specifies autopilot minimum use altitudes for parts
121, 125 and 135 operators. This final rule is based on the
capabilities of the aircraft and the minimum use altitudes or lack of
minimum use altitudes published in the AFM. This final rule does not
affect the minimum use altitudes presently used by operators in the
NAS. Operators have the option to operate as they currently do or
pursue the proposed lower minimum use altitudes based on their
aircraft's autopilot certification. Operators with approved autopilots
and wishing to immediately achieve the lower minimum use altitudes may
incur the cost of accelerated training. This voluntary accelerated
training cost is a change in present value, but not in total cost,
because this type of training would have occurred in the future.
Additionally, operators will not incur certification costs for
aircraft, avionics equipment, autopilot and flight management systems
that have already been certificated. Also, by setting new minimum
altitudes for each phase of flight that approved equipment might
operate to, this final rule gives manufacturers more certainty that new
products can be used as they are developed.
    The FAA recognizes that autopilots in some older airplanes are not
approved to utilize the lower minimum use altitudes. These operators
will not incur any additional costs unless they seek new autopilot
certifications. However, the FAA does not believe the majority of
operators of older aircraft will seek to modify their aircraft in order
to be approved for the lower minimum use altitudes. The FAA did not
receive any public comments in response or contradiction to these
findings. Due to the voluntary provisions of the rule, there are no
quantifiable cost reductions.
    The FAA has, therefore, determined that this final rule does not
qualify as a ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, and is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration''. The RFA covers a wide-range of small entities,
including small businesses, not-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
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
    In the initial regulatory flexibility analysis, the FAA stated the
rule would not impose additional cost, because operators could choose
to operate as they currently do. The FAA did not receive any public
comments in response or contradiction to this finding. Therefore, as
provided in section 605(b), the head of the FAA certifies that this
rulemaking will not result in a significant economic impact on a
substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United

States, so long as the standard has a legitimate domestic objective,
such as the protection of safety, and does not operate in a manner that
excludes imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that it is
relieving, thus will not create unnecessary obstacles to the foreign
commerce of 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 final 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. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.

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.
    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

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 Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.

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

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

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the Internet--
    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/or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 121

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

14 CFR Part 125

    Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety.

The Amendment

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

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

0
1. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 40119, 41706,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
46105.

0
2. Revise Sec.  121.579 to read as follows:

Sec.  121.579  Minimum altitudes for use of autopilot.

    (a) Definitions. For purpose of this section--
    (1) Altitudes for takeoff/initial climb and go-around/missed
approach are defined as above the airport elevation.

    (2) Altitudes for enroute operations are defined as above terrain
elevation.
    (3) Altitudes for approach are defined as above the touchdown zone
elevation (TDZE), unless the altitude is specifically in reference to
DA (H) or MDA, in which case the altitude is defined by reference to
the DA(H) or MDA itself.
    (b) Takeoff and initial climb. No person may use an autopilot for
takeoff or initial climb below the higher of 500 feet or an altitude
that is no lower than twice the altitude loss specified in the Airplane
Flight Manual (AFM), except as follows--
    (1) At a minimum engagement altitude specified in the AFM; or
    (2) At an altitude specified by the Administrator, whichever is
greater.
    (c) Enroute. No person may use an autopilot enroute, including
climb and descent, below the following--
    (1) 500 feet;
    (2) At an altitude that is no lower than twice the altitude loss
specified in the AFM for an autopilot malfunction in cruise conditions;
or
    (3) At an altitude specified by the Administrator, whichever is
greater.
    (d) Approach. No person may use an autopilot at an altitude lower
than 50 feet below the DA(H) or MDA for the instrument procedure being
flown, except as follows--
    (1) For autopilots with an AFM specified altitude loss for approach
operations--
    (i) An altitude no lower than twice the specified altitude loss if
higher than 50 feet below the MDA or DA(H);
    (ii) An altitude no lower than 50 feet higher than the altitude
loss specified in the AFM, when the following conditions are met--
    (A) Reported weather conditions are less than the basic VFR weather
conditions in Sec.  91.155 of this chapter;
    (B) Suitable visual references specified in Sec.  91.175 of this
chapter have been established on the instrument approach procedure; and
    (C) The autopilot is coupled and receiving both lateral and
vertical path references;
    (iii) An altitude no lower than the higher of the altitude loss
specified in the AFM or 50 feet above the TDZE, when the following
conditions are met--
    (A) Reported weather conditions are equal to or better than the
basic VFR weather conditions in Sec.  91.155 of this chapter; and
    (B) The autopilot is coupled and receiving both lateral and
vertical path references; or
    (iv) A greater altitude specified by the Administrator.
    (2) For autopilots with AFM specified approach altitude
limitations, the greater of--
    (i) The minimum use altitude specified for the coupled approach
mode selected;
    (ii) 50 feet; or
    (iii) An altitude specified by Administrator.
    (3) For autopilots with an AFM specified negligible or zero
altitude loss for an autopilot approach mode malfunction, the greater
of--
    (i) 50 feet; or
    (ii) An altitude specified by Administrator.
    (4) If executing an autopilot coupled go-around or missed approach
using a certificated and functioning autopilot in accordance with
paragraph (e) in this section.
    (e) Go-Around/Missed Approach. No person may engage an autopilot
during a go-around or missed approach below the minimum engagement
altitude specified for takeoff and initial climb in paragraph (b) in
this section. An autopilot minimum use altitude does not apply to a go-
around/missed approach initiated with an engaged autopilot. Performing
a go-around or missed approach with an engaged autopilot must not
adversely affect safe obstacle clearance.
    (f) Landing. Notwithstanding paragraph (d) of this section,
autopilot minimum use altitudes do not apply to autopilot operations
when an approved automatic landing system mode is being used for
landing. Automatic landing systems must be authorized in an operations
specification issued to the operator.

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
3. The authority citation for part 125 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.

0
4. Revise Sec.  125.329 to read as follows:

Sec.  125.329  Minimum altitudes for use of autopilot.

    (a) Definitions. For purpose of this section--
    (1) Altitudes for takeoff/initial climb and go-around/missed
approach are defined as above the airport elevation.
    (2) Altitudes for enroute operations are defined as above terrain
elevation.
    (3) Altitudes for approach are defined as above the touchdown zone
elevation (TDZE), unless the altitude is specifically in reference to
DA (H) or MDA, in which case the altitude is defined by reference to
the DA(H) or MDA itself.
    (b) Takeoff and initial climb. No person may use an autopilot for
takeoff or initial climb below the higher of 500 feet or an altitude
that is no lower than twice the altitude loss specified in the Airplane
Flight Manual (AFM), except as follows--
    (1) At a minimum engagement altitude specified in the AFM; or
    (2) At an altitude specified by the Administrator, whichever is
greater.
    (c) Enroute. No person may use an autopilot enroute, including
climb and descent, below the following--
    (1) 500 feet;
    (2) At an altitude that is no lower than twice the altitude loss
specified in the AFM for an autopilot malfunction in cruise conditions;
or
    (3) At an altitude specified by the Administrator, whichever is
greater.
    (d) Approach. No person may use an autopilot at an altitude lower
than 50 feet below the DA(H) or MDA for the instrument procedure being
flown, except as follows--
    (1) For autopilots with an AFM specified altitude loss for approach
operations--
    (i) An altitude no lower than twice the specified altitude loss if
higher than 50 feet below the MDA or DA(H);
    (ii) An altitude no lower than 50 feet higher than the altitude
loss specified in the AFM, when the following conditions are met--
    (A) Reported weather conditions are less than the basic VFR weather
conditions in Sec.  91.155 of this chapter;
    (B) Suitable visual references specified in Sec.  91.175 of this
chapter have been established on the instrument approach procedure; and
    (C) The autopilot is coupled and receiving both lateral and
vertical path references;
    (iii) An altitude no lower than the higher of the altitude loss
specified in the AFM or 50 feet above the TDZE, when the following
conditions are met--
    (A) Reported weather conditions are equal to or better than the
basic VFR weather conditions in Sec.  91.155 of this chapter; and
    (B) The autopilot is coupled and receiving both lateral and
vertical path references; or
    (iv) A greater altitude specified by the Administrator.
    (2) For autopilots with AFM specified approach altitude
limitations, the greater of--

    (i) The minimum use altitude specified for the coupled approach
mode selected;
    (ii) 50 feet; or
    (iii) An altitude specified by Administrator.
    (3) For autopilots with an AFM specified negligible or zero
altitude loss for an autopilot approach mode malfunction, the greater
of--
    (i) 50 feet; or
    (ii) An altitude specified by Administrator.
    (4) If executing an autopilot coupled go-around or missed approach
using a certificated and functioning autopilot in accordance with
paragraph (e) in this section.
    (e) Go-Around/Missed Approach. No person may engage an autopilot
during a go-around or missed approach below the minimum engagement
altitude specified for takeoff and initial climb in paragraph (b) in
this section. An autopilot minimum use altitude does not apply to a go-
around/missed approach initiated with an engaged autopilot. Performing
a go-around or missed approach with an engaged autopilot must not
adversely affect safe obstacle clearance.
    (f) Landing. Notwithstanding paragraph (d) of this section,
autopilot minimum use altitudes do not apply to autopilot operations
when an approved automatic landing system mode is being used for
landing. Automatic landing systems must be authorized in an operations
specification issued to the operator.

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

0
5. The authority citation for part 135 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 45101-45105.

0
6. Revise Sec.  135.93 to read as follows:

Sec.  135.93  Minimum altitudes for use of autopilot.

    (a) Definitions. For purpose of this section--
    (1) Altitudes for takeoff/initial climb and go-around/missed
approach are defined as above the airport elevation.
    (2) Altitudes for enroute operations are defined as above terrain
elevation.
    (3) Altitudes for approach are defined as above the touchdown zone
elevation (TDZE), unless the altitude is specifically in reference to
DA (H) or MDA, in which case the altitude is defined by reference to
the DA(H) or MDA itself.
    (b) Takeoff and initial climb. No person may use an autopilot for
takeoff or initial climb below the higher of 500 feet or an altitude
that is no lower than twice the altitude loss specified in the Airplane
Flight Manual (AFM), except as follows--
    (1) At a minimum engagement altitude specified in the AFM; or
    (2) At an altitude specified by the Administrator, whichever is
greater.
    (c) Enroute. No person may use an autopilot enroute, including
climb and descent, below the following--
    (1) 500 feet;
    (2) At an altitude that is no lower than twice the altitude loss
specified in the AFM for an autopilot malfunction in cruise conditions;
or
    (3) At an altitude specified by the Administrator, whichever is
greater.
    (d) Approach. No person may use an autopilot at an altitude lower
than 50 feet below the DA(H) or MDA for the instrument procedure being
flown, except as follows--
    (1) For autopilots with an AFM specified altitude loss for approach
operations--
    (i) An altitude no lower than twice the specified altitude loss if
higher than 50 feet below the MDA or DA(H);
    (ii) An altitude no lower than 50 feet higher than the altitude
loss specified in the AFM, when the following conditions are met--
    (A) Reported weather conditions are less than the basic VFR weather
conditions in Sec.  91.155 of this chapter;
    (B) Suitable visual references specified in Sec.  91.175 of this
chapter have been established on the instrument approach procedure; and
    (C) The autopilot is coupled and receiving both lateral and
vertical path references;
    (iii) An altitude no lower than the higher of the altitude loss
specified in the AFM or 50 feet above the TDZE, when the following
conditions are met--
    (A) Reported weather conditions are equal to or better than the
basic VFR weather conditions in Sec.  91.155 of this chapter; and
    (B) The autopilot is coupled and receiving both lateral and
vertical path references; or
    (iv) A greater altitude specified by the Administrator.
    (2) For autopilots with AFM specified approach altitude
limitations, the greater of--
    (i) The minimum use altitude specified for the coupled approach
mode selected;
    (ii) 50 feet; or
    (iii) An altitude specified by Administrator.
    (3) For autopilots with an AFM specified negligible or zero
altitude loss for an autopilot approach mode malfunction, the greater
of--
    (i) 50 feet; or
    (ii) An altitude specified by Administrator.
    (4) If executing an autopilot coupled go-around or missed approach
using a certificated and functioning autopilot in accordance with
paragraph (e) in this section.
    (e) Go-Around/Missed Approach. No person may engage an autopilot
during a go-around or missed approach below the minimum engagement
altitude specified for takeoff and initial climb in paragraph (b) in
this section. An autopilot minimum use altitude does not apply to a go-
around/missed approach initiated with an engaged autopilot. Performing
a go-around or missed approach with an engaged autopilot must not
adversely affect safe obstacle clearance.
    (f) Landing. Notwithstanding paragraph (d) of this section,
autopilot minimum use altitudes do not apply to autopilot operations
when an approved automatic landing system mode is being used for
landing. Automatic landing systems must be authorized in an operations
specification issued to the operator.
    (g) This section does not apply to operations conducted in
rotorcraft.

    Issued under authority provided by 49 U.S.C. 106(f) and
44701(a)(5) in Washington, DC, on December 24, 2013.
Michael P. Huerta,
Administrator.
[FR Doc. 2014-02123 Filed 1-31-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Page 15778]
[FR Doc No: 2015-06739]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12636-002; Project No. 12153-000]

Mohawk Hydro Corporation; Notice of Pre-Filing Activities in
Another Docket

    Take notice that some pre-filing activities related to the
preparation of the license application for the Middle Mohawk
Hydroelectric Project (P-12636) were undertaken in docket number P-
12153. Documents pertaining to that proceeding are available in the
Commission's eLibrary under docket number P-12153.
    For further information, please contact Monir Chowdhury at (202)
502-6736.

    Dated: March 18, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-06739 Filed 3-24-15; 8:45 am]
 BILLING CODE 6717-01-P