[Federal Register: December 17, 2003 (Volume 68, Number 242)]
[Rules and Regulations]
[Page 70132-70133]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de03-3]
[[Page 70132]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11 and 91
[Docket No. FAA-2002-12261; Amendment Nos. 11-49 and 91-276]
RIN 2120-AH68
Reduced Vertical Separation Minimum in Domestic United States
Airspace
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: This document corrects the effective date of a final rule
published in the Federal Register on October 27, 2003 (68 FR 61304).
That rule permits the initiation of Reduced Vertical Separation Minimum
(RVSM) flights in the airspace over the contiguous 48 States of the
United States, the District of Columbia, Alaska, that portion of the
Gulf of Mexico where the Federal Aviation Administration (FAA) provides
air traffic services, the San Juan Flight Information Region (FIR), and
the airspace between Florida and the San Juan FIR. The RVSM programs
allows the use of 1,000-foot vertical separation at certain altitudes
between aircraft that meet stringent altimeter and certain altitudes
between aircraft that meet stringent altimeter and autopilot
performance requirements. The October 27, 2003, rule also requires any
aircraft that is equipped with Traffic Alert and Collision Avoidance
System version II (TCAS II) and flown in RVSM airspace to incorporate a
version of TCAS II software that is compatible with RVSM operations.
This document corrects the effective date.
EFFECTIVE DATE: In this rule amendments numbers 2, 5, 7, 9, and 11 are
effective December 17, 2003. In this rule amendments numbers 3, 6, 8,
10, and 12 are effective January 26, 2004.
FOR FURTHER INFORMATION CONTACT: Robert Swain, telephone (202) 385-
4576.
SUPPLEMENTARY INFORMATION: On October 27, 2003, we published in the
Federal Register a final rule entitled, ``Reduced Vertical Separation
Minimum in Domestic United States''. The Reduced Vertical Separation
Minimum (RVSM) program allows the use of 1,000-foot vertical separation
at certain altitudes between aircraft that meet stringent altimeter and
autopilot performance requirements. The rule also requires any aircraft
that is equipped with Traffic Alert and Collision Avoidance System
version II (TCAS II) and flown in RVSM airspace to incorporate a
version of TCAS II software that is compatible with RVSM operations.
This action is to assist aircraft operators to save fuel and time, to
enhance air traffic control flexibility, and to enhance airspace
capacity. The effective date of the October 27, 2003, rule was
inadvertently given as November 26, 2003.
The Office of Management and Budget (OMB) declared that the October
27, 2003, final rule is a major rule. Thus we should have given January
26, 2004, as the effective date in accordance with 5 U.S.C. 801(a)(4).
However, we erroneously incorporated an incorrect effective date of
October 1, 2003. This document changes the effective date of the
October 27, 2003, rule to January 26, 2004.
List of Subjects
14 CFR Part 11
Administrative practice and procedure, Reporting and record-keeping
requirements.
14 CFR Part 91
Air-traffic control, Aircraft, Airmen, Airports, Aviation safety,
Reporting and record-keeping requirements.
The Amendment
0
For the reasons discussed in the preamble, the Federal Aviation
Administration amends parts 11 and 91 of Title 14 of the Code of
Federal Regulations as follows:
PART 11--GENERAL RULEMAKING PROCEDURES
0
1. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701-44702, 44711, and 46102.
Subpart B--Paperwork Reduction Act Control Numbers
0
2. Effective December 17, 2003, amend the table in Sec. 11.201(b) by
revising the entry for part 91 to read as follows:
Sec. 11.201 Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
14 CFR part or section identified and
described Current OMB control number
------------------------------------------------------------------------
* * * * * * *
Part 91............................... 2120-0005, 2120-0026, 2120-0027,
2120-0573, 2120-0606, 2120-
0620, 2120-0631, 2120-0651
* * * * * * *
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0
3. Effective January 26, 2004, amend the table in Sec. 11.201(b) by
revising the entry for part 91 to read as follows:
Sec. 11.201 Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
14 CFR part or section identified and
described Current OMB control number
------------------------------------------------------------------------
* * * * * * *
Part 91............................... 2120-0005, 2120-0026, 2120-0027,
2120-0573, 2120-0606, 2120-
0620, 2120-0631, 2120-0651,
2120-0679
* * * * * * *
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[[Page 70133]]
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
4. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(b), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46540, 46505-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
0
5. Effective December 17, 2003, amend Sec. 91.159 by revising
paragraph (b) to read as follows and by adding paragraph (c) to read as
follows:
Sec. 91.159 VFR cruising altitude or flight level.
* * * * *
(b) When operating above 18,000 feet MSL to flight level 290
(inclusive) and--
(1) On a magnetic course of zero degrees through 179 degrees, any
odd flight level +500 feet (such as 195, 215, or 235); or
(2) On a magnetic course of 180 degrees through 359 degrees, any
even flight level +500 feet (such as 185, 205, or 225).
(c) When operating above flight level 290 and--
(1) On a magnetic course of zero degrees through 179 degrees, any
flight level, at 4,000-foot intervals, beginning at and including
flight level 300 (such as flight level 300, 340, or 380) or
(2) On a magnetic course of 180 degrees through 359 degrees, any
flight level, at 4,000-foot intervals, beginning at and including
flight level 320 (such as flight level 320, 360, or 400).
0
6. Effective January 26, 2004, amend Sec. 91.159 by revising paragraph
(b) to read as follows and by removing paragraph (c).
Sec. 91.159 VFR cruising altitude or flight level.
* * * * *
(b) When operating above 18,000 feet MSL, maintain the altitude or
flight level assigned by ATC.
0
7. Effective December 17, 2003, amend Sec. 91.179 by revising
paragraph (b)(3) introductory text and removing paragraph (b)(4) to
read as follows:
Sec. 91.179 IFR cruising altitude or flight level.
* * * * *
(b) * * *
(3) When operating at flight level 290 and above airspace, and--
* * * * *
0
8. Effective January 26, 2004, amend Sec. 91.179 by revising paragraph
(b)(3) introductory text and adding a new paragraph (b)(4) to read as
follows:
Sec. 91.179 IFR cruising altitude or flight level.
(b) * * *
(3) When operating at flight level 290 and above in non-RVSM
airspace, and--
* * * * *
(4) When operating at flight level 290 and above in airspace
designated as Reduced Vertical Separation Minimum (RVSM) airspace and--
(i) On a magnetic course of zero degrees through 179 degrees, any
odd flight level, at 2,000-foot intervals beginning at and including
flight level 290 (such as flight level 290, 310, 330, 350, 370, 390,
410); or
(ii) On a magnetic course of 180 degrees through 359 degrees, any
even flight level, at 2000-foot intervals beginning at and including
flight level 300 (such as 300, 320, 340, 360, 380, 400).
Sec. 91.180 [Removed]
0
9. Effective December 17, 2003, remove Sec. 91.180 from subpart B.
0
10. Effective January 26, 2004, add Sec. 91.180 to subpart B to read
as follows:
Sec. 91.180 Operations within airspace designated as Reduced Vertical
Separation Minimum airspace.
(a) Except as provided in paragraph (b) of this section, no person
may operate a civil aircraft in airspace designated as Reduced Vertical
Separation Minimum (RVSM) airspace unless:
(1) The operator and the operator's aircraft comply with the
minimum standards of appendix G of this part; and
(2) The operator is authorized by the Administrator or the country
of registry to conduct such operations.
(b) The Administrator may authorize a deviation from the
requirements of this section.
0
11. Effective December 17, 2003, in Appendix G, amend section 5 by
revising the introductory text; redesignating paragraph (a) as
paragraph (2) and revising newly redesignated paragraph (2); and amend
section 8 by removing paragraphs (d), (e), and (f) to read as follows:
Appendix G to Part 91--Operations in Reduced Vertical Separation
Minimum (RVSM) Airspace
* * * * *
Section 5. Deviation Authority Approval
The Administrator may authorize an aircraft operator to deviate
from the requirements of Sec. 91.706 for a specific flight in RVSM
airspace if that operator has not been approved in accordance with
Section 3 of this appendix, and if:
(2) The operator submits an appropriate request with the air
traffic control center controlling the airspace, (request should be
made at least 48 hours in advance of the operation unless prevented
by exceptional circumstances); and
* * * * *
0
12. Effective January 26, 2004, in Appendix G, amend section 5 by
revising the introductory text; redesignating paragraph (2) as
paragraph (a) and by revising newly redesignated (a); and amend section
8 by adding new paragraphs (d), (e), and (f) to read as follows:
Appendix G to Part 91--Operations in Reduced Vertical Separation
Minimum (RVSM) Airspace
* * * * *
Section 5. Deviation Authority Approval
The Administrator may authorize an aircraft operator to deviate
from the requirements of Sec. 91.180 or Sec. 91.706 for a specific
flight in RVSM airspace if that operator has not been approved in
accordance with section 3 of this appendix if:
(a) The operator submits a request in a time and manner
acceptable to the Administrator; and
* * * * *
Section 8. Airspace Designation
* * * * *
(d) RVSM in the United States. RVSM may be applied in the
airspace of the 48 contiguous states, District of Columbia, and
Alaska, including that airspace overlying the waters within 12
nautical miles of the coast.
(e) RVSM in the gulf of Mexico. RVSM may be applied in the Gulf
of Mexico in the following areas: Gulf of Mexico High Offshore
Airspace, Houston Oceanic ICAO FIR and Miami Oceanic ICAO FIR.
(f) RVSM in Atlantic High Offshore Airspace and the San Juan
FIR. RVSM may be applied in Atlantic High Offshore Airspace and in
the San Juan ICAO FIR.
Issued in Washington, DC, on December 11, 2003.
Donald P. Byrne,
Assistant Chief Counsel.
[FR Doc. 03-31096 Filed 12-16-03; 8:45 am]
BILLING CODE 4910-13-M