14 CFR 91.873 - Waivers from final compliance.

This action clarifies prior interpretations of FAA's seat belt and seating requirements. These prior interpretations state that the shared use of a single restraint may be permissible. This clarification states that the use of a seat belt and/or seat by more than one occupant is permitted only if the seat usage conforms to the limitations contained in the approved portion of the Airplane Flight Manual (AFM). In addition, before multiple occupants use the same seat and/or seat belt, if the pertinent information is available, the pilot in command (PIC) must also check whether: The seat belt is approved and rated for such use; and the structural strength requirements for the seat are not exceeded. This clarification also emphasizes that, because it is safer for each individual person to have his or her own seat and seat belt, whenever possible, each person onboard an aircraft should voluntarily be seated in a separate seat and be restrained by a separate seat belt.

The FAA is removing the provision describing an abbreviated taxi clearance. Previously, air traffic controllers issued abbreviated taxi instructions to aircraft en route to their assigned departure runway, which allowed pilots to cross all runways that intersected the taxi route to their departure runway. The FAA no longer uses these abbreviated taxi clearances and is removing the provision of the regulation that describes this clearance. This action aligns the regulation with current air traffic control practice and responds to the National Transportation Safety Board (NTSB) Safety Recommendation Numbers A-00-67 and -68.

On February 14, 2012, Congress mandated that the FAA, coordinating with the National Aeronautics and Space Administration and the Department of Defense, develop a test site program for the integration of unmanned aircraft systems in to the National Airspace System. The overall purpose of this test site program is to develop a body of data and operational experiences to inform integration and the safe operation of these aircraft in the National Airspace System. This proposed rule announces the process by which the FAA will select the test sites for the program and also solicits comments on the FAA's proposed approach for addressing the privacy questions raised by the public and Congress with regard to the operation of unmanned aircraft systems within the test site program.

This action extends the comment period for a notice of availability that was published in the Federal Register on December 7, 2012. In that document, the FAA announced a proposed policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration. The comment period is scheduled to close on January 7, 2013. Several airline associations have requested that the FAA extend the comment period for an additional 30 days to allow time for their members to evaluate the impacts and implications of the proposed policy and prepare comments.

This notice announces the availability of a proposed policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration (OSHA). This policy statement will enhance occupational safety and health in the aircraft cabin by establishing the extent to which OSHA requirements may apply to the working conditions of aircraft cabin crew while they are onboard aircraft in operation.

This action is taken to allow U.S. civil flight operations to and from Erbil and Sulaymaniyah International Airports in Northern Iraq by any United States (U.S.) air carrier or commercial operator, any person exercising the privileges of an airman certificate issued by the FAA except such persons operating U.S.-registered aircraft for a foreign air carrier (who are not covered by the prohibition), or a person operating an aircraft registered in the United States unless the operator of such aircraft is a foreign air carrier (which also is not covered by the prohibition). The FAA has recently determined that a full flight prohibition is no longer necessary for these airports in Northern Iraq, and this action will allow flights to be conducted provided that certain measures are taken. Additional adjustments to the current flight prohibition may be appropriate as the risk to aviation safety and security lessens in other parts of the country, and ultimately the prohibition may be lifted completely.

The FAA seeks comments on current policy, guidance, and procedures that aircraft operators (ranging from pilots of general aviation aircraft up to and including air carrier certificate holders at the major airlines) use when determining if passenger use of portable electronic devices (PEDs) may be allowed during any phase of flight on their aircraft. Current FAA regulations generally prohibit the use of all PEDs during flight, with the exception of portable voice recorders, hearing aids, heart pacemakers, and electric shavers. These regulations also provide an exception for any other PED that the aircraft operator has determined will not cause interference with the navigation or communication systems on the aircraft. To better effectuate the safety purposes of these regulations, this notice requests comments about key areas of policy and guidance that are used by aircraft operators when making these determinations. It also requests comments about other technical challenges for addressing the problems associated with determining if and when PEDs can be used. The desired outcome of this solicitation is to have sufficient information to allow operators to better assess whether more widespread use of PEDs during flight is appropriate, while maintaining the highest levels of safety to passengers and aircraft. The Agency stresses that the existing regulations allow the operator to authorize the use of PEDs, and that no specific FAA approval is required. The aircraft operator is responsible for assuring that the interference from PEDs does not pose a flight risk. Once all the comments have been collected, the FAA intends to establish an Aviation Rulemaking Committee (ARC) to review the comments and provide recommendations that might permit the more widespread use of PEDs during flight while maintaining the highest levels of safety for the passengers and aircraft. The FCC will be a key partner in this activity working collaboratively with the FAA, airlines, and the manufacturers to explore broader use of PEDS in flight.

On December 15, 2011, the FAA published a Federal Register Notice (76 FR 77939) requesting comments on the FAA's plans for providing PBN services, and particularly the transition from the current Very High Frequency Omnidirectional Ranges (VOR) and other legacy navigation aids (NAVAIDS) to Area Navigation (RNAV)-based airspace and procedures. This action responds to the public comments the FAA received.

This action extends the comment period for an NPRM that was published on May 21, 2012. In that document, the FAA proposed to update and revise the regulations for repair stations. This extension is a result of formal requests from repair stations and industry associations to extend the comment period to the proposal. This extension is necessary to afford all interested parties an opportunity to present their views on the proposed rulemaking.

This action clarifies prior interpretations of FAA's seat belt and seating requirements. These prior interpretations state that the shared use of a single restraint may be permissible. This clarification states that the use of a seat belt and/or seat by more than one occupant is permitted only if the seat usage conforms to the limitations contained in the approved portion of the Airplane Flight Manual (AFM). In addition, before multiple occupants use the same seat and/or seat belt, if the pertinent information is available, the pilot in command (PIC) must also check whether: The seat belt is approved and rated for such use; and the structural strength requirements for the seat are not exceeded. This clarification also emphasizes that, because it is safer for each individual person to have his or her own seat and seat belt, whenever possible, each person onboard an aircraft should voluntarily be seated in a separate seat and be restrained by a separate seat belt.

The FAA is announcing public meetings to gather additional technical input on the subject of exemptions relating to the LHFE. Input gathered will aid in developing future FAA guidance for evaluating LHFE petitions for exemption. Prior to the public meetings, the FAA is seeking public comment on the guidance.

This action would amend the regulations for repair stations by revising the system of ratings, the repair station certification requirements, and the regulations on repair stations providing maintenance for air carriers. This action is necessary because many portions of the existing repair station regulations do not reflect current repair station aircraft maintenance and business practices, or advances in aircraft technology. These changes would modernize the regulations to keep pace with current industry standards and practices.

The FAA is removing the provision describing an abbreviated taxi clearance. Previously, air traffic controllers issued abbreviated taxi instructions to aircraft en route to their assigned departure runway, which allowed pilots to cross all runways that intersected the taxi route to their departure runway. The FAA no longer uses these abbreviated taxi clearances and is removing the provision of the regulation that describes this clearance. This action aligns the regulation with current air traffic control practice and responds to the National Transportation Safety Board (NTSB) Safety Recommendation Numbers A-00-67 and -68.

The FAA intends to identify six test ranges/sites to integrate unmanned aircraft systems (UAS) into the National Airspace System (NAS). This pilot project is in direct response to a Congressional mandate. The FAA believes that designation of such UAS test sites will assist in the effort to safely and efficiently integrate UAS into the NAS and solicits feedback on this issue. This feedback will be utilized to help develop UAS test site requirements, designation standards, and oversight activity.