Proposed Rule2026-10286
Flexibility Enhancements of Weather Reporting Systems
Primary source
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Published
May 22, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The Federal Aviation Administration (FAA) proposes to revise its regulations to substitute weather reports from the National Weather Service with weather reports prepared by FAA and other sources approved by the Administrator. The National Weather Service no longer provides weather reports in the capacity described in the relevant provisions of the regulations. Therefore, this change is necessary to remove outdated references and to maintain weather awareness in the National Airspace System.
Full Text
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Proposed Rules]
[Pages 30249-30257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10286]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 99 / Friday, May 22, 2026 / Proposed
Rules
[[Page 30249]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 91, 121, and 135
[Docket No.: FAA-2026-5479; Notice No. 26-05]
RIN 2120-AM17
Flexibility Enhancements of Weather Reporting Systems
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Federal Aviation Administration (FAA) proposes to revise
its regulations to substitute weather reports from the National Weather
Service with weather reports prepared by FAA and other sources approved
by the Administrator. The National Weather Service no longer provides
weather reports in the capacity described in the relevant provisions of
the regulations. Therefore, this change is necessary to remove outdated
references and to maintain weather awareness in the National Airspace
System.
DATES: Submit comments on or before June 22, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-5479
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a> and
follow the online instructions for sending your comments
electronically.
<bullet> Mail: Send comments to Docket Operations; U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, 5th
Floor (W58-213), Washington, DC 20590.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gordon Rother, Safety Standards, Air
Transportation Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-8166; email <a href="/cdn-cgi/l/email-protection#d592baa7b1babbfb87baa1bdb0a795b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="ca8da5b8aea5a4e498a5bea2afb88aacababe4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Authority for This Rulemaking
III. Background
IV. Discussion of the Proposed Rule
A. 14 CFR 1.1 Definitions
B. Sec. 91.1039 IFR Takeoff, Approach and Landing Minimums
C. Sec. 121.101 Weather Reports and Forecasts
D. Sec. 121.119 Weather Reports and Forecasts
E. Sec. 121.171 Subpart I--Airplane Performance Operating
Limitation Applicability
F. Sec. 121.651 Takeoff and Land Weather Minimums: IFR: All
Certificate Holders
G. Sec. 135.201 Subpart D--VFR/IFR Operating Limitations and
Weather Requirements Applicability
H. Sec. 135.213 Weather Reports and Forecasts
I. Sec. 135.225 IFR: Takeoff, Approach and Landing Minimums
J. Subpart I--Airplane Performance Operating Limitations Sec.
135.361 Applicability
K. Sec. 135.611 IFR Operations at Locations Without Weather
Reporting
V. Regulatory Notices and Analyses
A. Regulation Impact Analysis
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
C. Executive Order 13609, Promoting International Regulatory
Cooperation
D. Executive Order 14192, Unleashing American Prosperity Through
Deregulation
VII. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
D. Small Business Regulatory Enforcement Fairness Act
I. Executive Summary
This proposed rule would remove outdated references to weather
reports prepared by the U.S. National Weather Service (NWS) and would
give the FAA Administrator greater ability to approve alternate sources
of weather information. Current regulations require that, for domestic
and flag operations, no certificate holder may use any weather report
to control flight unless, for operations within the 48 contiguous
States and the District of Columbia, it was prepared by NWS or a source
approved by NWS (14 CFR 121.101). Similar requirements exist for
certificate holders conducting supplemental operations (14 CFR
121.119), for commuter and on-demand operations (14 CFR 135.213), and
for operations conducted under subpart K of part 91 (14 CFR 91.1039).
Further, both parts 121 and 135 provide that no pilot may begin an
instrument approach procedure to an airport unless that airport has a
weather reporting facility operated by NWS, a source approved by NWS,
or a source approved by the Administrator (14 CFR 121.651, 135.225, and
135.611).
This proposed rule would remove the outdated references to NWS from
parts 91, 121, and 135. This action is necessary because NWS has
discontinued providing the weather reports referenced in the
regulations. Specifically, NWS no longer provides the weather reporting
for flight operations required by Sec. Sec. 91.1039, 121.101, 121.119,
121.651, 135.213, 135.225, and 135.611. Therefore, this rule proposes
to remove the outdated references to NWS and the Weather Bureau, where
applicable, from these regulations. Instead, in alignment with current
practices, FAA would be the source for weather reports. Because FAA is
already providing these reports in practice, this action imposes no
additional burdens on operators and, in some instances, relieves
operators from the need for exemptions or other cumbersome approval
processes.
[[Page 30250]]
In addition, this rule adds to Sec. Sec. 121.101 and 121.119 the
ability for domestic and flag operators, and supplemental operators,
respectively, to use a weather source approved by the Administrator.
Under current regulations, an alternate weather source must be approved
by NWS, for Sec. 121.101, and the ``Weather Bureau'' for Sec.
121.119. This proposed rule would substitute the ``Administrator'' for
the ``Weather Bureau'' and ``U.S. National Weather Service'' in these
regulations, where applicable, to allow FAA to approve alternate
weather sources. This proposed change would enhance weather information
availability by enabling the Administrator to approve third-party
weather sources.
II. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in title
49 of the United States Code. Subtitle I, section 106 describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of FAA's authority. This rulemaking
is promulgated under the authority described in 49 U.S.C. 106(f), which
establishes the authority of the Administrator to promulgate and revise
regulations and rules related to aviation safety. This rulemaking is
also promulgated under 49 U.S.C. 44701(a)(5) which requires the
Administrator to promote safe flight of civil aircraft in air commerce
by prescribing regulations and setting minimum standards for other
practices, methods, and procedures necessary for safety in air
commerce. These proposed regulations are within the scope of that
authority.
III. Background
In 2013, FAA and NWS agreed to transfer the certification, training
and inspection authority for weather observation programs operating
under FAA requirements from NWS to FAA.\1\ Specifically, the Limited
Aviation Weather Reporting Service (LAWRS), the Contract Weather
Observers (CWOs) and Non-Federal Observers (NF-OBS) programs were
successfully transitioned on March 31, 2013.\2\ In addition, the
Supplementary Aviation Weather Reporting Stations (SAWRS) program would
be studied for transitioning in the future. The SAWRS program was
established by NWS to satisfy FAA's requirement for uninterrupted
weather observations at locations that did not have LAWRS, CWOs or NF-
OBS. The SAWRS program was transferred to FAA on October 1, 2015.\3\
Accordingly, NWS no longer issues the weather reports contemplated by
FAA's regulations and the respective agencies have been operating under
this agreement for over a decade.
Specifically, Sec. Sec. 91.1039, 121.101, 121.119, 121.651,
135.213, 135.225, and 135.611 each reference the use of weather
reporting facilities operated by NWS, or a source approved by NWS.
However, NWS no longer operates these weather reporting facilities nor
provides the weather reports required by FAA's regulations. Therefore,
the references to NWS are outdated. However, FAA notes that NWS remains
responsible for aviation weather forecasts, which involve the
prediction of weather conditions in the future. Therefore, the proposed
amendments in this rule would not affect weather forecast requirements.
FAA's regulations also contain outdated references to NWS approval
processes for alternate weather sources. For part 121 operators,
Sec. Sec. 121.101 and 121.119 state NWS must approve any alternative
source of weather information for operations in the 48 contiguous
States. However, NWS does not have a formal process to approve
alternate sources of weather information for part 121 operations and,
therefore, part 121 operators in the contiguous 48 States typically
seek an exemption in order to use alternate sources. For part 135
operators, a formal advisory service process does exist, but it is
cumbersome, does not lend itself to approvals, and is not frequently
used. Specifically, when a part 135 operator makes a request to use an
alternate source of weather information, FAA sends a letter to NWS. NWS
then investigates this request along with the responsible Flight
Standards office. If it is found that the standards of safety for that
operation are maintained, the air carrier's operating certificate will
be amended appropriately to reflect the ability to use that alternate
source of weather information.
Accordingly, this proposed rule would remove references to ``a
source approved by the U.S. National Weather service'' and give the
Administrator primary authority to approve alternate weather
information. FAA is the meteorological authority for aviation weather
for the United States and therefore has the responsibility and
capability to approve weather sources. This proposed change would allow
FAA to evaluate and approve an alternate weather source without NWS
advisory service, resulting in a more streamlined, user-friendly, and
efficient process. For part 121 operators, this proposed change would
also void the need for operators to use the exemption process to use an
FAA-approved alternative weather source under Sec. Sec. 121.101 and
121.119.
Because this proposed rule would eliminate the requirement that
operators obtain weather reports and alternative source approvals from
NWS, FAA expects it would enhance weather information availability by
enabling the use of third-party weather sources approved by FAA.
Weather information is required for many aviation operations and is
critical for aviation safety. In some areas, sources of weather
information for aviation operations are limited and may not be
sufficient to provide for safe operations. For additional sources, such
as sensors, observers, and alternate locations to be used, the data
they provide must be reliable and add to operational safety. These
proposed changes would give FAA greater ability to review and approve
third-party weather sources.
To this end, a Safety Risk Management (SRM) Panel met on the topic
of Use of Analyzed Weather Information, February 6-8, 2024, and
completed May 13, 2024.\4\ This panel met for the purpose of
determining the safety risk associated with FAA allowing the use of
Performance-Based Analyzed Weather information as an approved source of
weather information for parts 121 and 135 operations where certified/
approved sensed weather information is not available (i.e., no sensor)
or missing (i.e., incomplete weather information). The SRM document
addresses the safety risk assessment of the hazards associated with
using Analyzed Weather Information as approved weather for parts 121
and 135 operations where approved sensed weather information is
unavailable or missing.\5\ The SRM Panel issued its report in October
2024. The SRM Panel addressed weather information required by FAA
regulations for aviators to use in their operations found in the
Meteorological Aerodrome Report (METAR) describing ceiling and
visibility, temperature and dew point, atmospheric pressure, wind speed
and direction, and present weather. The SRM Panel identified hazards
and risks that require mitigation. FAA Order 8900.1, Volume 3, Chapter
18, Section 3 and/or OpSpec A010 will be updated to incorporate
mitigation guidance based on the variability of the analyzed weather
relative to the current performance of the data quality of an ASOS/
AWOS. Mitigation adjustments will be made for latency and data
variability as well as geographic variability of data where station-
based information is not possible/available. The SRM Panel noted with
applicable mitigations
[[Page 30251]]
applied, hazards would be reduced to low risk and at a level no
different than how the NAS operates today with respect to Weather
Information. With the resultant low risk assessment, the Panel
concluded a Monitoring Plan was not required.\6\ FAA anticipates this
rule, if adopted as proposed, would give the agency more flexibility to
approve the use of the kinds of analyzed weather information identified
by the SRM panel.
IV. Discussion of the Proposed Rule
This proposed rule would align FAA regulations with current
practices by removing outdated references to NWS and ``weather
reporting facilities.'' The adoption of this proposed rule would also
alleviate the burden on operators to engage in cumbersome approval
processes through NWS and, for some part 121 operators, eliminate the
need to obtain exemptions to utilize proven and reliable alternate
sources of weather information.
A. 14 CFR 1.1 Definitions
Definitions applicable throughout FAA regulations are contained in
14 CFR 1.1, among which is the definition of ``Ground visibility.''
This rule, if finalized as proposed, would revise the definition of
``Ground visibility'' to change the source of weather information from
NWS to FAA. FAA is already providing these weather observations either
by sensors or human observation. This revision is a necessary amendment
to ensure accuracy now that NWS no longer provides the referenced
service.
The proposed definition reads: ``Ground visibility means prevailing
horizontal visibility near the earth's surface as reported by the
Federal Aviation Administration or an accredited observer.''
B. 14 CFR 91.1039 IFR Takeoff, Approach and Landing Minimums
Section 91.1039 prohibits a pilot from beginning an instrument
approach to an airport unless that airport or the alternate airport has
a weather reporting facility operated by NWS, a source approved by NWS,
or a source approved by the Administrator. The proposed amendments to
this section would remove references to NWS and change the source of
weather information to FAA or a source approved by the Administrator.
Presently, because NWS has not produced weather reports for over
ten years, pilots needing to fly to locations where the tower is
unavailable must request approval from FAA to receive weather data from
another source. The proposed amendment would allow FAA to locate and
approve alternate sources of weather data, which would provide more
certainty to those seeking to use an alternate weather source at a
particular location.
The proposed amendments also remove the phrase ``weather reporting
facility'' from paragraphs (a)(1), (a)(2), and (b). This term is
outdated, does not accurately encompass the kind of weather information
used in practice, and is not in alignment with the terminology used
throughout part 135. The proposed regulation will replace the term
``weather reporting facility'' with ``weather report'' and, as
discussed previously, require that report to be prepared by FAA or a
source approved by FAA.
C. 14 CFR 121.101 Weather Reports and Forecasts
Currently, Sec. 121.101 requires a certificate holder conducting
domestic or flag operations to ensure adequate weather reporting is
available along each route and further requires any weather report used
to control flight be prepared by NWS or a source approved by NWS. At
present, the regulation does not enable the Administrator to approve
alternate sources of weather information for such operators.
This proposed rule would remove references to NWS and instead
require operators to use weather reports prepared by FAA. The proposed
amendment would also add to Sec. 121.101(b) the ability of the
Administrator to approve alternative sources of weather information.
Because current Sec. 121.101(b)(2) already authorizes the
Administrator to approve alternate sources of weather information for
operators outside of the 48 contiguous States, a process already exists
for such approvals. With this proposed amendment, FAA anticipates
applying this same process to operators within the contiguous United
States.
Further, in light of the amendment to the weather report language
in Sec. 121.101(b), FAA proposes to clarify in Sec. 121.101(c) that
forecasts used to control flight movement must still be prepared by
NWS, or a source approved by the Administrator.
In addition, FAA proposes to amend the section heading of this
regulation from ``Weather reporting facilities'' to ``Weather reports
and forecasts'' to harmonize with the terminology used in part 135,
remove the outdated term, and to be inclusive of forecasts.
D. 14 CFR 121.119 Weather Reports and Forecasts
Under the current regulation, only a weather report prepared and
released by NWS, or a source approved by the Weather Bureau may be used
to control flight by a certificate holder conducting supplemental
operations. This proposed rule would remove the reference to NWS and
the Weather Bureau and require such a report to be prepared by FAA, or
a source approved by the Administrator.
The rule also proposes to amend paragraph (b) to clarify that
forecasts used to control flight movements will still be prepared by
NWS, as is current practice. FAA is also proposing to add new language
to this paragraph to allow the Administrator to approve an alternate
source of forecast information. As proposed, paragraph (b) would allow
a certificate holder conducting supplemental operations to use a
forecast prepared by NWS or a source approved by the Administrator to
control flight movements.
For operations outside the U.S. or at U.S. Military airports, the
regulation currently requires a weather report be ``prepared by a
source found satisfactory by the Administrator.'' This rule proposes to
remove the ambiguous phrase ``found satisfactory'' from paragraph (a)
in favor of the more consistent phrase ``approved by the
Administrator.'' This change would clarify a certificate holder
conducting supplemental operations outside the U.S. can use a weather
report ``approved by the Administrator'' and align the terminology used
in paragraph (a) with the rest of the part 121 regulations.
Similar to the proposed section heading revision to Sec. 121.101,
FAA proposes to revise the section heading of this regulation to be
inclusive of forecasts and weather reports. The proposed amendment
would change the section heading from ``Weather reporting facilities''
to ``Weather reports and forecasts.'' Weather reporting facilities is
an outdated, non-standardized term and this proposed change would align
this section with the rest of the proposed rule.
E. 14 CFR 121.171 Subpart I--Airplane Performance Operating Limitations
Applicability
The proposed rule would amend this section by adding a general
statement that weather information required by subpart I of part 121 be
provided by or approved by the Administrator. This amendment is
intended to clarify that weather information required under subpart I
of part 121, Airplane
[[Page 30252]]
Performance Operating Limitations, must be prepared by FAA or a source
approved by FAA.
F. 14 CFR 121.651 Takeoff and Landing Weather Minimums: IFR: All
Certificate Holders
Under the current Sec. 121.651(a), no pilot may begin a takeoff in
an airplane under IFR when the weather conditions reported by NWS, a
source approved by NWS, or a source approved by the Administrator are
less than those specified in the certificate holder's OpSpecs for parts
91 and 97, as applicable. Because NWS is no longer reporting weather
conditions, this rule would remove the outdated reference to the ``U.S.
National Weather Service'' and clarify that a pilot must utilize a
report issued by FAA or a source approved by FAA to fulfil this
regulatory requirement.
This rule also proposes to make corresponding amendments to
paragraphs (b)(1) and (2) by removing the outdated references to NWS.
The proposed changes to paragraph (b)(1) clarify that no pilot may
continue an approach past the final approach fix, or where a final
approach fix is not used, begin the final approach segment of an
instrument approach procedure at any airport, ``unless the Federal
Aviation Administration or a source approved by the Administrator
prepares a weather report for that airport.'' The proposed changes to
paragraph (b)(2) similarly clarify that the ``latest weather report for
an airport issued by the Federal Aviation Administration or a source
approved by the Administrator'' must report the visibility to be equal
to or more than the visibility minimums prescribed for that procedure.
G. Subpart D--VFR/IFR Operating Limitations and Weather Requirements 14
CFR 135.201 Applicability
This proposed rule would add a new paragraph to the applicability
section for subpart D of part 135 that states weather information
required by subpart D must be prepared by FAA or a source approved by
the Administrator.
H. Sec. 135.213 Weather Reports and Forecasts
This section currently states that whenever a person operating an
aircraft under part 135 is required to use a weather report or
forecast, that report or forecast must be from NWS or a source approved
by NWS, or a source approved by the Administrator. In the context of
weather reports, this proposed rule would remove the references to NWS
and instead require the weather report to be prepared by FAA, or a
source approved by FAA. The proposed rule retains the requirement for a
person to use a forecast prepared by NWS or a source approved by the
Administrator.
I. 14 CFR 135.225 IFR: Takeoff, Approach and Landing Minimums
Paragraph (a) of this section currently states that no pilot may
begin an instrument approach to an airport unless the airport has a
weather reporting facility operated by NWS, a source approved by NWS,
or a source approved by the Administrator. This proposed rule would
remove the outdated reference to NWS and instead require the airport to
have a weather report prepared by FAA or a weather source approved by
FAA. The proposed rule also removes the term ``weather reporting
facility'' from this paragraph, as well as from paragraph (b), because
it is an outdated, non-standardized term. In its place, FAA is
proposing to use the more accurate term ``weather report.''
For paragraph (b), applicable to eligible on-demand operations,
this proposed rule would similarly remove the outdated reference to
NWS. In parallel with the changes to paragraph (a), FAA is proposing to
change the phrase ``a weather reporting facility operated by the U.S.
National Weather Service, a source approved by the U.S. National
Weather Service, or a source approved by the Administrator'' to
``weather report prepared by the Federal Aviation Administration or a
source approved by the Administrator.''
For paragraph (b)(2) specifically, FAA is proposing to replace the
phrase ``the current altimeter setting provided by the facility''
designated on the approach chart for the destination airport with ``the
Remote Altimeter Setting Source (RASS).'' This change would continue to
allow an eligible on-demand operation to use an alternate altimeter
setting from a nearby weather report, if it is charted on the
instrument approach chart for the intended destination. This change is
intended to update and clarify the language of the current regulation,
in order to align the regulation with current industry practice. It is
not intended to alter its meaning or add a new regulatory burden for
operators.
FAA is also proposing to make corresponding editorial amendments to
paragraphs (c), (g), and (h) to remove the term ``facility'' and
replace it with ``report.'' In paragraph (d), FAA is also proposing to
remove a reference to the ``appropriate facility'' for clarity. Though
the use of this term in paragraph (d)(1)(iii)(A) does not refer to a
weather reporting facility, the language is extraneous and its removal
does not change the meaning of the regulation.
J. Subpart I--Airplane Performance Operating Limitations 14 CFR 135.361
Applicability
The proposed rule would add to this applicability section a general
statement that weather information required by subpart I of part 135
must be prepared by or approved by the Administrator.
K. 14 CFR 135.611 IFR Operations at Locations Without Weather Reporting
Section 135.611 currently requires certificate holders who are
authorized to conduct helicopter IFR operations to obtain a weather
report from a weather reporting facility operated by NWS, a source
approved by NWS, or a source approved by FAA located within 15 nautical
miles of the airport when conducting IFR helicopter air ambulance
operations at airports with an instrument approach procedure and ``at
which a weather report is not available from the U.S. National Weather
Service (NWS), a source approved by NWS, or a source approved by the
FAA.'' The proposed rule would again remove the outdated references to
NWS and substitute FAA, or a source approved by the Administrator, as
the source for weather reports required by this regulation.
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
Executive Order (E.O.) 12866 (``Regulatory Planning and Review'')
and E.O. 13563 (``Improving Regulation and Regulatory Review'') require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.'' The Office of Management and Budget has determined
this proposed rule is not a significant regulatory action as defined in
section 3(f) of E.O. 12866.
This proposed rule would remove outdated references to weather
reports prepared by NWS and give the FAA Administrator greater ability
to approve alternate sources of weather information. Presently, FAA
certifies weather reporting in the absence of NWS reports for parts 121
and 135 operations. This is possible because FAA is a source confirmed
by NWS. Thus, there would be no change to existing industry practice
due to these proposed changes and no impact for this update to outdated
language.
This proposed rule would also streamline weather information
[[Page 30253]]
availability by enabling the FAA Administrator to approve third-party
weather sources. Presently, domestic, flag, and supplemental operators
conducting operations under part 121 must utilize the exemption process
to use such sources, and part 135 operators must undergo a cumbersome
approval process that requires coordination with NWS. It is expected
that authorizing the Administrator to approve alternate weather sources
would be a less labor-intensive process and more efficient for both FAA
and operators, though FAA has not quantified any specific monetary
savings.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires agencies
to analyze the economic impacts of certain rules on small entities.
When an agency proposes a rule likely to have a significant economic
impact on a substantial number of small entities, it must prepare an
initial regulatory flexibility analysis (IRFA) describing the rule's
impact on small entities and any significant alternatives considered.
The adoption of this proposed rule would not have a significant
economic impact on a substantial number of small entities. This
proposed rule would remove outdated, obsolete language regarding NWS
and enable a more streamlined approval process for the approval of
third-party weather sources. Currently, parts 121 and 135 operators
would need to undergo a cumbersome exemption application process to use
third-party weather sources, and this proposal would enable a
streamlined approval process instead. These proposed provisions do not
add any new costs to regulated entities. Therefore, FAA certifies the
proposed rule will not have a significant economic impact on small
entities. FAA welcomes comments on the basis for this certification.
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, they be the basis for U.S. standards.
FAA has assessed the potential effect of this rule and determined
that it ensures the safety of the American public and does not exclude
imports that meet this objective. As a result, FAA does not consider
this rule as creating an unnecessary obstacle to foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. FAA has determined this proposed rule will not result in
the expenditure of $187 million or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. FAA has determined there is
no new requirement for information collection associated with this
proposed 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. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these regulations.
G. Environmental Analysis
FAA has analyzed the environmental impacts of this proposed rule
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321 et seq.). FAA has determined this rule is categorically
excluded pursuant to Paragraph B-2.6(f) of Appendix B to FAA Order
1050.1G, FAA National Environmental Policy Act Implementing
Procedures.\7\ Categorical exclusions are categories of actions the
agency has determined normally do not significantly affect the quality
of the human environment and therefore do not require either an
environmental assessment (EA) or environmental impact statement
(EIS).\8\ In analyzing the applicability of a categorical exclusion,
the agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS.\9\ This
rulemaking, which would remove outdated references to weather reports
prepared by NWS and give the FAA Administrator greater ability to
approve alternate sources of weather information, is categorically
excluded pursuant to Paragraph B-2.6(f) of FAA Order 1050.1G:
``Regulations, standards, and exemptions (excluding those if
implemented may cause a significant impact on the human environment).''
FAA does not anticipate any environmental impacts, and there are no
extraordinary circumstances present in connection with this rulemaking.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
FAA has analyzed this proposed rule under the principles and
criteria of E.O. 13132, Federalism. FAA has determined this action will
not have a substantial direct effect on the States, 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, will not have federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. FAA has determined it is not a ``significant
energy action'' under the executive order and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
E.O. 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. FAA has analyzed this action under the
policies and agency responsibilities of E.O. 13609 and has determined
this action will have no effect on international regulatory
cooperation.
[[Page 30254]]
D. Executive Order 14192, Unleashing American Prosperity Through
Deregulation
E.O. 14192 (``Unleashing Prosperity through Deregulation'') issued
January 31, 2025, instructs agencies to ``alleviate unnecessary
regulatory burdens.'' FAA expects this proposed rule, if finalized as
proposed, to be an E.O. 14192 deregulatory action as it removes
outdated references and enables a more efficient approval process.
VII. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. The most helpful comments
reference a specific portion of the rule, explain the reason for any
recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, commenters should submit only one
time if comments are filed electronically, or commenters should send
only one copy of written comments if comments are filed in writing.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this rulemaking. Before acting on this rulemaking, FAA will
consider all comments it receives on or before the closing date for
comments. FAA will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
FAA may change this rule in light of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), FAA solicits comments
from the public to better inform its rulemaking process. FAA posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this proposed rule contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this proposed rule, it is important
you clearly designate the submitted comments as CBI. Please mark each
page of your submission containing CBI as ``PROPIN.'' FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this proposed rule. Submissions
containing CBI should be sent to the person in the FOR FURTHER
INFORMATION CONTACT section of this document. Any commentary FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
C. Electronic Access and Filing
A copy of this proposed rule, all comments received, any final
rule, and all background material may be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed above. A copy of
this proposed rule will be placed in the docket. Electronic retrieval
help and guidelines are available on the website. It is available 24
hours each day, 365 days each year. An electronic copy of this document
may also be downloaded from the Office of the Federal Register's
website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government Publishing
Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be found on FAA's
Regulations and Policies website at <a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. 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 <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
Endnotes
\1\ Letter, March 6, 2015, Laura K. Furgione, NOAA to Dan
Smiley, FAA. A copy of this letter has been placed in the docket for
this rulemaking.
\2\ Letter, May 08, 2015, Terry Biggio, FAA to Laura Furgione,
NOAA. A copy of this letter has been placed in the docket for this
rulemaking.
\3\ Letter, September 01, 2015, Dan Smiley FAA to Laura Furgione
NOAA. A copy of this letter has been placed in the docket for this
rulemaking.
\4\ Use of Analyzed Weather Information Safety Risk Management
Document, FAA Flight Technologies and Procedures Division October
2024. A copy of this report has been placed in the docket for this
rulemaking.
\5\ Analyzed weather is weather information provided from an
alternate source than the currently approved ground-based weather
reporting systems; alternate sources may include: model-derived,
gridded estimations of current conditions, or in situ observations
from novel data sources such as UAS or weather cameras, and surface
sensors that are currently not approved to produce METARs. Analyzed
weather consists of elements that are necessary for safe aviation
operations and could be used where approved weather information is
not available.
\6\ Use of Analyzed Weather Information Safety Risk Management
Document, FAA Flight Technologies and Procedures Division October
2024. A copy of this report has been placed in the docket for this
rulemaking.
\7\ 90 FR 29615, Jul. 3, 2025.
\8\ See DOT Order 5610.1D Sec. 9.
\9\ Id. Sec. 9(b).
List of Subjects
14 CFR Part 1
Air transportation.
14 CFR Part 91
Air carriers, Air traffic control, Aircraft, Airmen, Airports,
Aviation safety, Reporting and recordkeeping requirements,
Transportation.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.
14 CFR Part 135
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
The Proposed Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
0
1. The authority citation for part 1 continues to read as follows:
[[Page 30255]]
Authority: 49 U.S.C. 106(f), 40113, 44701.
0
2. Amend Sec. 1.1 by revising the definition of ``ground visibility''
to read as follows:
Sec. 1.1 General definitions.
* * * * *
Ground visibility means prevailing horizontal visibility near the
earth's surface as reported by the Federal Aviation Administration or
an accredited observer.
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
3. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120,
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 44740, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534; Pub. L. 112-95, 126 Stat. 11; Pub. L.
114-190, 130 Stat. 615 (49 U.S.C. 44703 note); Sec. 828 of Pub. L.
118-63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil Aviation (61 Stat. 1180).
0
4. Amend Sec. 91.1039 by revising paragraphs (a)(1) and (2), and (b)
to read as follows:
Sec. 91.1039 IFR takeoff, approach and landing minimums.
(a) * * *
(1) Either that airport or the alternate airport has a weather
report prepared by the Federal Aviation Administration or a source
approved by the Administrator; and
(2) The latest weather report issued includes a current local
altimeter setting for the destination airport. If no local altimeter
setting is available at the destination airport, the pilot must obtain
the current local altimeter setting from a source approved by the
Administrator on the approach chart for the destination airport.
(b) For flight planning purposes, if the destination airport does
not have a weather report described in paragraph (a)(1) of this
section, the pilot must designate as an alternate an airport that has a
weather report meeting that criteria.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
5. The authority citation for part 121 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40103, 40113, 40119, 41706, 42301
preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C.
44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note);
Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).
0
6. Amend Sec. 121.101 by revising the section heading and paragraphs
(b) and (c) to read as follows:
Sec. 121.101 Weather reports and forecasts.
* * * * *
(b) Except as provided in paragraph (d) of this section, no
certificate holder conducting domestic or flag operations may use any
weather report to control flight unless it was prepared by the Federal
Aviation Administration or a source approved by the Administrator.
(c) Except as provided in paragraph (d) of this section, each
certificate holder conducting domestic or flag operations that uses
forecasts to control flight movements shall use forecasts prepared by
the National Weather Service or a source approved by the Administrator.
* * * * *
0
7. Revise Sec. 121.119 to read as follows:
Sec. 121.119 Weather reports and forecasts.
(a) No certificate holder conducting supplemental operations may
use any weather report to control flight unless it was prepared by the
Federal Aviation Administration or a source approved by the
Administrator. For operations outside the U.S., or at U.S. Military
airports, where those reports are not available, the certificate holder
must show that its weather reports are prepared by a source approved by
the Administrator.
(b) Each certificate holder conducting supplemental operations that
uses forecasts to control flight movements shall use forecasts prepared
by the National Weather Service or a source approved by the
Administrator.
0
8. Amend Sec. 121.171 by adding paragraph (d) to read as follows:
121.171 Applicability.
* * * * *
(d) For the purposes of this subpart, weather information,
including information used to obtain ambient temperature, wind
components, wind velocity and direction, and other wind conditions,
must be prepared by the Federal Aviation Administration or a source
approved by the Administrator.
0
10. Amend Sec. 121.651 by revising paragraph (a) introductory text,
and paragraphs (b)(1) and (2) to read as follows:
121.651 Takeoff and landing weather minimums: IFR: All certificate
holders.
(a) Notwithstanding any clearance from ATC, no pilot may begin a
takeoff in an airplane under IFR when the weather conditions reported
by the Federal Aviation Administration or a source approved by the
Administrator are less than those specified in--
* * * * *
(b) * * *
(1) At any airport, unless the Federal Aviation Administration or a
source approved by the Administrator prepares a weather report for that
airport; and
(2) At airports within the United States and its territories or at
U.S. military airports, unless the latest weather report for that
airport issued by the Federal Aviation Administration or a source
approved by the Administrator reports the visibility to be equal to or
more than the visibility minimums prescribed for that procedure. For
the purpose of this section, the term ``U.S. military airports'' means
airports in foreign countries where flight operations are under the
control of U.S. military authority.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
11. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 41706, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. L.
112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
12. Revise Sec. 135.201 to read as follows:
135.201 Applicability
(a) This subpart prescribes the operating limitations for VFR/IFR
flight operations and associated weather requirements for operations
under this part.
(b) For the purposes of this subpart, weather information,
including information used to obtain ambient temperature, wind
components, wind velocity and direction, and other wind conditions,
must be prepared by the Federal Aviation Administration or a source
approved by the Administrator.
0
13. Amend Sec. 135.213 by revising paragraph (a) to read as follows:
135.213 Weather reports and forecasts.
(a) Whenever a person operating an aircraft under this part is
required to use a weather report, that person shall use a weather
report prepared by the
[[Page 30256]]
Federal Aviation Administration or a source approved by the
Administrator. Whenever a person operating an aircraft under this part
is required to use a forecast, that person shall use a weather forecast
issued by the National Weather Service, or a source approved by the
Administrator. However, for operations under VFR, the pilot in command
may, if such a report is not available, use weather information based
on that pilot's own observations or on those of other persons competent
to supply appropriate observations.
* * * * *
0
14. Revise Sec. 135.225 to read as follows:
135.225 IFR: Takeoff, approach and landing minimums.
(a) Except to the extent permitted by paragraphs (b) and (j) of
this section, no pilot may begin an instrument approach procedure to an
airport unless--
(1) That airport has a weather report prepared by the Federal
Aviation Administration or a source approved by the Administrator; and
(2) The latest weather report issued by the Federal Aviation
Administration or a source approved by the Administrator indicates that
weather conditions are at or above the authorized IFR landing minimums
for that airport.
(b) A pilot conducting an eligible on-demand operation may begin
and conduct an instrument approach procedure to an airport that does
not have a weather report prepared by the Federal Aviation
Administration or a source approved by the Administrator if--
(1) The alternate airport has a weather report prepared by the
Federal Aviation Administration or a source approved by the
Administrator; and
(2) The latest weather report includes a current local altimeter
setting for the destination airport. If no local altimeter setting for
the destination airport is available, the pilot may use the Remote
Altimeter Setting Source (RASS), if available, designated on the
approach chart for the destination airport.
(c) Except as provided in paragraph (j) of this section, no pilot
may begin the final approach segment of an instrument approach
procedure to an airport unless the latest weather reported by the
report described in paragraph (a)(1) of this section indicates that
weather conditions are at or above the authorized IFR landing minimums
for that procedure.
(d) Except as provided in paragraph (j) of this section, a pilot
who has begun the final approach segment of an instrument approach to
an airport under paragraph (c) of this section, and receives a later
weather report indicating that conditions have worsened to below the
minimum requirements, may continue the approach only if the following
conditions are met--
(1) The later weather report is received when the aircraft is in
one of the following approach phases:
(i) The aircraft is on an ILS final approach and has passed the
final approach fix;
(ii) The aircraft is on an ASR or PAR final approach and has been
turned over to the final approach controller; or
(iii) The aircraft is on a non-precision final approach and the
aircraft--
(A) Has passed the final approach fix; or
(B) Where a final approach fix is not specified, has completed the
procedure turn and is established inbound toward the airport on the
final approach course within the distance prescribed in the procedure;
and
(2) The pilot in command finds, on reaching the authorized MDA or
DA/DH, that the actual weather conditions are at or above the minimums
prescribed for the procedure being used.
(e) The MDA or DA/DH and visibility landing minimums prescribed in
part 97 of this chapter or in the operator's operations specifications
are increased by 100 feet and \1/2\ mile respectively, but not to
exceed the ceiling and visibility minimums for that airport when used
as an alternate airport, for each pilot in command of a turbine-powered
airplane who has not served at least 100 hours as pilot in command in
that type of airplane.
(f) Each pilot making an IFR takeoff or approach and landing at a
military or foreign airport shall comply with applicable instrument
approach procedures and weather minimums prescribed by the authority
having jurisdiction over that airport. In addition, unless authorized
by the certificate holder's operations specifications, no pilot may, at
that airport--
(1) Take off under IFR when the visibility is less than 1 mile; or
(2) Make an instrument approach when the visibility is less than
\1/2\ mile.
(g) If takeoff minimums are specified in part 97 of this chapter
for the take-off airport, no pilot may take off an aircraft under IFR
when the weather conditions reported by the report described in
paragraph (a)(1) of this section are less than the takeoff minimums
specified for the takeoff airport in part 97 or in the certificate
holder's operations specifications.
(h) Except as provided in paragraph (i) of this section, if takeoff
minimums are not prescribed in part 97 of this chapter for the takeoff
airport, no pilot may takeoff an aircraft under IFR when the weather
conditions reported by the report described in paragraph (a)(1) of this
section are less than that prescribed in part 91 of this chapter or in
the certificate holder's operations specifications.
(i) At airports where straight-in instrument approach procedures
are authorized, a pilot may takeoff an aircraft under IFR when the
weather conditions reported by the report described in paragraph (a)(1)
of this section are equal to or better than the lowest straight-in
landing minimums, unless otherwise restricted, if--
(1) The wind direction and velocity at the time of takeoff are such
that a straight-in instrument approach can be made to the runway served
by the instrument approach;
(2) The associated ground facilities upon which the landing
minimums are predicated and the related airborne equipment are in
normal operation; and
(3) The certificate holder has been approved for such operations.
(j) A pilot may begin an instrument approach procedure, or continue
an approach, at an airport when the visibility is reported to be less
than the visibility minimums prescribed for that procedure if the pilot
uses an operable EFVS in accordance with Sec. 91.176 of this chapter
and the certificate holder's operations specifications for EFVS
operations.
0
15. Amend Sec. 135.361 by adding paragraph (d) to read as follows:
135.361 Applicability
* * * * *
(d) For the purposes of this subpart, weather information,
including information used to obtain ambient temperature, wind
components, wind velocity and direction, and other wind conditions,
must be prepared by the Federal Aviation Administration or a source
approved by the Administrator.
0
16. Amend Sec. 135.611 by revising paragraphs (a) introductory text
and (a)(1) to read as follows:
135.611 IFR operations at locations without weather reporting.
(a) If a certificate holder is authorized to conduct helicopter IFR
operations, the Administrator may authorize the certificate holder to
conduct IFR helicopter air ambulance operations at airports with an
instrument approach procedure and at which a weather report is not
available from the Federal Aviation Administration or a source approved
by the Administrator, subject to the following limitations:
[[Page 30257]]
(1) The certificate holder must obtain a weather report from the
Federal Aviation Administration or a source approved by the
Administrator that is located within 15 nautical miles of the airport.
If a weather report is not available, the certificate holder may obtain
weather reports, forecasts, or any combination of them from the Federal
Aviation Administration or a source approved by the Administrator for
information regarding the weather observed in the vicinity of the
airport;
* * * * *
Issued under authority provided by 49 U.S.C. 106(f) and 44701(a)
in Washington, DC.
Hugh J. Thomas,
Acting Executive Director, Flight Standards Service.
[FR Doc. 2026-10286 Filed 5-21-26; 8:45 am]
BILLING CODE 4910-13-P
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