[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]]

=======================================================================
-----------------------------------------------------------------------

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.

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

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

                              * * * * * * *
------------------------------------------------------------------------


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

                              * * * * * * *
------------------------------------------------------------------------


[[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