[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Rules and Regulations]
[Pages 27920-27923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12747]
[[Page 27919]]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 121, 125 and 135
Revision to Minimum Altitudes for the Use of an Autopilot; Final Rule
Advisory Circular 120-67; Criteria for Operational Approval of Auto
Flight Guidance System; Notice
Federal Register / Vol. 62, No. 98 / Wednesday, May 21, 1997 / Rules
and Regulations
[[Page 27920]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125, and 135
[Docket No. 27987; Amendment No. 121-265, 125-29, 135-68]
RIN 2120-AF19
Revision to Minimum Altitudes for the Use of an Autopilot
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The Federal Aviation Administration amends the regulations
governing the use of approved flight control guidance systems with
automatic capability (autopilot), and would permit the use of an
autopilot at altitudes less than 500 feet above ground level (AGL)
during the takeoff and initial climb phases of flight. This amendment
permits this use of approved autopilot systems for takeoff and initial
climb phases of flight if the Administrator authorizes their use as
stated in an air carrier's operations specifications. By permitting air
carriers to take advantage of technological improvements in the
operational capabilities of autopilot systems, safety will be enhanced
by decreasing pilot workload during the critical takeoff phase of
flight.
EFFECTIVE DATE: This amendment is effective June 20, 1997.
FOR FURTHER INFORMATION CONTACT: Richard A. Temple, AFS-410, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591, telephone (202) 267-5824.
SUPPLEMENTARY INFORMATION:
Background
The FAA is amending Secs. 121.579 125.329, and 135.93 of Title 14
of the Code of Federal Regulations to permit certificate holders that
operate under parts 121, 125, or 135 to obtain authorization to use an
approved autopilot system for takeoff if authorized by the FAA in the
certificate holders's operations specifications. Section 121.579(a)
currently states that no person may use an autopilot en route,
including climb and descent, at an altitude above the terrain that is
less than twice the maximum altitude loss specified in the Airplane
Flight Manual (AFM) for a malfunction of the autopilot under cruise
conditions, or less than 500 feet, whichever is higher. Sections
125.329(a) and 135.93(a) state that no person may use an autopilot at
an altitude above the terrain which is less than 500 feet or less than
twice the maximum altitude loss specified in the approved Airplane
Flight Manual or equivalent for a malfunction of the autopilot,
whichever is higher. Paragraphs (b) and (c) in Sec. 121.579, paragraphs
(b), (c) and (d) of Sec. 125.329, and paragraphs (b), (c), and (d) in
Sec. 135.93 provide exceptions to this restriction for the approach and
landing phases of flight.
The current restrictions in the regulations regarding the use of an
autopilot below 500 feet AGL have not been amended since 1965, when
provisions for the landing phase of flight were incorporated into
Sec. 121.579. This change was incorporated into part 135 when
Sec. 135.93 was recodified in 1978, and into part 125 when Sec. 125.329
was established in 1980. Although significant improvements in autopilot
technology have been made, the regulations have not been amended to
specifically permit the use of an autopilot system during the takeoff
and initial climb phases of flight. In addition, the aviation industry
anticipates further improvements in autopilot technology, particularly
in relation to using the autopilot during the takeoff phase of flight.
The Aviation Rulemaking Advisory Committee (ARAC) and some industry
members expressed their opinion that amending the regulation to permit
increased usage of autopilot engagement during takeoff would have
certain benefits, such as allowing pilots to focus proportionately more
attention on duties other than the manual manipulation of the flight
controls and constant surveillance of the cockpit instruments during
the critical takeoff phase of flight. Based on a recommendation from
the Autopilot Engagement Working Group of the ARAC, the FAA published a
Notice of Proposed Rulemaking (NPRM) in the Federal Register on
December 9, 1994 (59 FR 63868). Comments on the proposal closed January
9, 1995. Seven comments were received.
Based on autopilot technology, the expectation that technology will
continue to advance, and the safety benefits that will result from
using improved technology, the FAA amends the current regulations to
permit authorization for the use of an autopilot during the takeoff and
initial climb phases of flight; to enable parts 121, 125, and 135
operators, when authorized, to use existing technology; and to further
promote technological advances while increasing the level of public
safety.
The FAA and the aviation industry anticipate that further
technological advances will lead to the evolution of additional
autoflight guidance systems that can safely be used from initiation of
takeoff roll to completion of landing.
Comments
The FAA received seven comments on the proposal. The Regional
Airline Association (RAA) comments that it supports the proposal; that
support is based primarily on its development and recommendation by the
ARAC.
The National Air Transportation Association (NATA) comments that it
supports the proposal because it allows operators to take advantage of
advanced technology, thus decreasing pilot workload during a critical
phase of flight. NATA also comments that it will achieve a significant
increase in aviation operating safety without a corresponding increase
in capital or operating expenses.
Maine Instrument Flight (MIF) supports the proposal, saying that
this is a good example of how the FAA can respond to advances in
technology and give regulatory relief to operators.
The Air Line Pilots Association (ALPA) also supports the proposed
rule and advisory circular based on the permitted advantages of
technological improvements in the operational capabilities of approved
flight control guidance systems.
Boeing Commercial Airplane Group comments that it agrees with the
FAA that an automatic pilot system can provide the flightcrew with work
load relief during the busy takeoff and landing phases of flight.
Boeing notes, however, that the NPRM addresses only a limited part of
the total minimum engagement altitude issue, which is currently being
addressed by the FAA/JAA/Industry All Weather Operations Harmonization
Program. Boeing also sees no value in the proposed advisory circular
discussed in the NPRM, commenting that existing methods of approval and
use of the autopilot are adequate.
AVRO International Aerospace comments that it supports the
proposal, but is concerned that it does not cover all phases of flight
for which modern autopilots are being used, e.g., circling approaches.
AVRO also comments that the certification procedures of 14 CFR 25.1329
must be updated since they do not specifically cover the operational
changes of this proposal. AVRO notes that there is some overlap in the
areas covered by the Autopilot Engagement Requirements Working Group
and the All Weather Operations Working Group, and urges the FAA to
coordinate within
[[Page 27921]]
the ARAC system to determine areas of responsibility. AVRO views the
proposed advisory circular as ``increasing certification costs,'' and
therefore recommends that it not be issued. AVRO also requests that
commenters be given at least 30 working days to comment; they find 30
calendar days, over a holiday period, unacceptable.
The Civil Aviation Authority makes a similar comment on the
abbreviated comment period. CAA commends the removal of arbitrary
takeoff limitations, but also notes that this operational proposal
fails to provide detailed airworthiness requirements, which it finds
need to be developed in harmonization with the JAA requirements in JAR
25.1329.
In response to Boeing, AVRO, and CAA, the FAA notes that the ARAC,
in establishing the initial terms of reference for its task, focused on
the takeoff phase of flight only which is addressed in this rule
change. Certification issues for future autopilot systems are presently
being addressed by the ICAO All Weather Operations Harmonization
working group and will complement this rule change.
The ICAO All Weather Operations Harmonization working group will
propose the modification of 14 CFR 25.1329, automatic pilot systems, to
determine any additional certification requirements for future uses of
autopilot systems. This action is in keeping with the goal of FAR/JAR
harmonization to the maximum extent possible.
The FAA agrees with Boeing and AVRO that the initial approval of
the equipment installation would be addressed in the normal
certification process. The advisory circular is addressed to operators
under parts 119, 121, 125, and 135, providing issues to consider when
requesting changes to their operations specifications. The FAA sees no
additional program requirement or cost in the areas of certification
and maintenance to the certificate holder by providing this list for
their use. However, the FAA acknowledges that there may be minimal
costs voluntarily incurred by the certificate holder associated with
modifying existing training programs and manuals to utilize the new/
lower engagement altitude.
An abbreviated comment period was determined by the FAA as adequate
because of previous FAA/Industry participation and agreement through
the ARAC process.
In the course or reviewing and addressing comments to the proposed
minimum takeoff engagement height requirement the FAA noted that
additional adjustments to the proposed provisions were necessary to
properly relate these amended provisions to operational procedures and
other provisions of the FAR, such as 14 CFR 121.189. Adjustments to the
language of the provisions were also necessary to acknowledge that
proper operational use of automatic flight guidance and control systems
may sometimes require specific mode use constraints or minimum
engagement altitudes above that demonstrated in the AFM. For example,
because autoflight system use must be consistent with both lateral and
vertical obstacle clearance requirements, and must take into account
irregular terrain in the departure path, non-normal procedures for such
things as engine failure, and the application of different methods for
autoflight engagement height airworthiness demonstrations, it was
recognized that the FAA and the operator may sometimes need to
operationally specify mode use constraints or minimum engagement
heights above that demonstrated and specified in the AFM. Issues such
as these are typically addressed by the FAA's Flight Standardization
Board (FSB) for each aircraft type, and any additional provisions for
safe operational autoflight system use, if required, are identified by
the FAA. Although the language in sections 121.579(d)(2),
125.329(e)(2), and 135.93(e)(2) [redesignated in this rule as sections
121.579(d)(3), 125.329(e)(3), and 135.93(e)(3)] was designed to address
issues like the irregular terrain in the departure path, it would not
have addressed some of the other issues mentioned above which warrant a
higher minimum engagement height for the autopilot than specified in
the AFM. Accordingly, the language of each of the provisions was
modified to acknowledge this, and note that the Administrator may in
certain instances find it necessary for safety to operationally specify
engagement heights above or different than the minimum specified in the
AFM. In view of the modifications discussed above, it was necessary to
add some new language to the three sections to make it clear that
engagement of the autopilot below the greater of two altitudes
specified in Secs. 121.579(a), 125.329(a), or 135.93(a) is only
permitted if the AFM specifies a minimum engagement height. Thus, under
these amendments, engagement of the autopilot is prohibited below the
minimum engagement altitude specified in the AFM and may in some
circumstances be prohibited below an altitude that is higher than the
altitude specified in the AFM.
The Amendment
Section 121.579
Section 121.579 is amended by adding a new paragraph (d), which
will allow the Administrator to issue operations specifications that
establish the minimum altitude permitted to engage/use an autopilot
during the takeoff and initial climb phases of flight. In addition,
Sec. 121.579(a) will be amended by striking the words ``paragraphs (b)
and (c)'' and inserting the words ``paragraphs (b), (c), and (d).''
Section 125.329
Section 125.329 is amended by adding paragraph (e) to allow the
Administrator to issue operations specifications that establish the
minimum altitude permitted to engage/use an autopilot during the
takeoff and initial climb phases of flight. In addition,
Sec. 125.329(a) is amended by striking the words ``paragraphs (b), (c),
and (d)'' and inserting the words ``paragraphs (b), (c), (d), and
(e).''
Section 135.93
Section 135.93 is amended by redesignating paragraph (e) as
paragraph (f) and adding a new paragraph (e) to allow the Administrator
to issue operations specifications that establish the minimum altitude
permitted to engage/use an autopilot during the takeoff and initial
climb phases of flight. In addition, Sec. 135.93(a) is amended by
striking the words ``paragraphs (b), (c), and (d)'' and inserting the
words ``paragraphs (b), (c), (d), and (e).''
Paperwork Reduction Act
The information collection requirements in the amendment to
Secs. 121.579, 125.329, and 135.93 have previously been approved by the
Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been
assigned OMB Control Number 2120-0008.
Economic Assessment
The FAA has determined that this rulemaking is not a significant
rulemaking action as defined by Executive Order 12866, and therefore no
assessment is required. In accordance with Department of Transportation
Policies and Procedures (44 FR 11034; February 26, 1979) when the
impact of a regulation will be minimal if adopted, a full regulatory
evaluation does not need to be prepared. The following discussion
provides an economic
[[Page 27922]]
assessment of the proposal's anticipated costs and benefits.
Costs
The amendment will allow air carriers and commercial operators to
seek authorization for the use of autopilot systems during the takeoff
phase of flight. Because the decision whether to seek authorization for
the use of autopilot is optional and voluntary, the amendment will not
impose any additional costs on certificate holders that operate under
parts 121, 125, or 135.
Benefits
This amendment will have positive effects on the safety of air
operations. As with any change to operations specifications, the FAA
reserves the right to determine whether suggested revisions to an air
carrier's operations specifications meet the various criteria and
guidelines that will ensure that the current level of safety is met or
exceeded.
The use of the autopilot system below 500 feet AGL will enable the
pilot to monitor the performance of the aircraft while performing other
safety-related functions, such as scanning the outside area for other
aircraft. Since less time is spent manipulating the controls, the use
of the autopilot also enables the flightcrew to more readily identify
any deviations from expected aircraft performance thus increasing the
pilot's opportunity to quickly respond to any aircraft malfunctions.
Increasing the pilot's opportunity to scan the area outside the
aircraft for other airborne traffic, to detect aircraft malfunctions,
and to respond more quickly to problems will increase the level of
safety.
International Trade Impact Analysis
The FAA has determined that the amendments to parts 121, 125, and
135 will not have a significant impact on international trade. The
amendments are expected to have no negative impact on trade
opportunities for U.S. firms doing business overseas or foreign firms
doing business in the United States.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Recommended Practices (SARP) to the maximum extent
practicable. In reviewing the SARP for air carrier operations and JAR-
OPS 1, the FAA finds that there is not a comparable rule under either
ICAO standards or the JAR.
Regulatory Flexibility Determination
Congress enacted the Regulatory Flexibility Act (RFA) of 1980 (Pub.
L. 96-354) to ensure that small entities are not unnecessarily and
disproportionately burdened by government regulations. The RFA requires
agencies to review rules that may have a significant impact on a
substantial number of small entities. This amendment will impose no
additional costs on air carriers; therefore, it will not have a
significant economic impact on small business entities.
Federalism Implications
The regulations contained herein will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
amendment will not have sufficient implications to warrant the
preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
regulation is not a significant rulemaking action under Executive Order
12866. This amendment is also considered nonsignificant under
Department of Transportation Regulatory Policies and Procedures (44 FR
11034; February 26, 1979). In addition, the FAA certifies that this
amendment will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the RFA.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 121, 125, and 135 of the Federal Aviation
Regulations (14 CFR parts 121, 125, and 135) as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
2. Section 121.579 is amended by removing ``paragraphs (b) and
(c)'' and adding in their place ``paragraphs (b), (c), and (d)'' in
paragraph (a) and adding new paragraph (d) to read as follows:
Sec. 121.579 Minimum altitudes for use of autopilot.
* * * * *
(d) Takeoffs. Notwithstanding paragraph (a) of this section, the
Administrator issues operations specifications to allow the use of an
approved autopilot system with automatic capability below the altitude
specified in paragraph (a) of this section during the takeoff and
initial climb phase of flight provided:
(1) The Airplane Flight Manual specifies a minimum altitude
engagement certification restriction;
(2) The system is not engaged prior to the minimum engagement
certification restriction specified in the Airplane Flight Manual or an
altitude specified by the Administrator, whichever is higher; and
(3) The Administrator finds that the use of the system will not
otherwise affect the safety standards required by this section.
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
3. 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.
4. Section 125.329 is amended by removing ``paragraphs (b), (c),
and (d)'' and adding in their place ``paragraphs (b), (c), (d), and
(e)'' in paragraph (a) and adding new paragraph (e) to read as follows:
[[Page 27923]]
Sec. 125.329 Minimum altitudes for use of autopilot.
* * * * *
(e) Notwithstanding paragraph (a) of this section, the
Administrator issues operations specifications to allow the use of an
approved autopilot system with automatic capability during the takeoff
and initial climb phase of flight provided:
(1) The Airplane Flight Manual specifies a minimum altitude
engagement certification restriction;
(2) The system is not engaged prior to the minimum engagement
certification restriction specified in the Airplane Flight Manual or an
altitude specified by the Administrator, whichever is higher; and
(3) The Administrator finds that the use of the system will not
otherwise affect the safety standards required by this section.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
5. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
6. Section 135.93 is amended by removing ``paragraphs (b), (c), and
(d)'' and adding in their place ``paragraphs (b), (c), (d), and (e)''
in paragraph (a), redesignating paragraph (e) as paragraph (f), and
adding new paragraph (e) to read as follows:
Sec. 135.93 Autopilot: Minimum altitudes for use.
* * * * *
(e) Notwithstanding paragraph (a) of this section, the
Administrator issues operations specifications to allow the use of an
approved autopilot system with automatic capability during the takeoff
and initial climb phase of flight provided:
(1) The Airplane Flight Manual specifies a minimum altitude
engagement certification restriction;
(2) The system is not engaged prior to the minimum engagement
certification restriction specified in the Airplane Flight Manual, or
an altitude specified by the Administrator, whichever is higher; and
(3) The Administrator finds that the use of the system will not
otherwise affect the safety standards required by this section.
* * * * *
Issued in Washington, DC, on May 9, 1997.
Barry L. Valentine,
Acting Administrator.
[FR Doc. 97-12747 Filed 5-20-97; 8:45 am]
BILLING CODE 4910-13-M
