Inclusion of Additional Automatic Dependent Surveillance-Broadcast (ADS-B) Out Technical Standard Orders; Incorporation by Reference, 71468-71478 [2023-22710]
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–20–11 International Aero Engines,
LLC: Amendment 39–22570; Docket No.
FAA–2023–1996; Project Identifier AD–
2022–01361–E.
(a) Effective Date
This airworthiness directive (AD) is
effective November 1, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to International Aero
Engines, LLC Model PW1124G1–JM,
PW1127G–JM, PW1127GA–JM, PW1129G–
JM, PW1130G–JM, PW1133G–JM, and
PW1133GA–JM engines with an installed
high-pressure compressor (HPC) rear hub,
part number 30G4008, with a serial number
(S/N) listed in Table 2 or Table 3 of Pratt &
Whitney Service Bulletin PW1000G–C–72–
00–0209–00A–930A–D, Issue No: 002, dated
June 20, 2023 (PW1000G–C–72–00–0209–
00A–930A–D, Issue No: 002).
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(d) Subject
Joint Aircraft System Component (JASC)
Code 7230, Turbine Engine Compressor
Section.
(e) Unsafe Condition
This AD was prompted by a manufacturer
investigation which revealed that
Maintenance, Repair, and Overhaul shops
were misinterpreting accepted knife edge
coating wear limits. The FAA is issuing this
AD to prevent heat-induced cracking at the
forward and aft knife edge seals and
uncontained separation of the HPC rear hub.
The unsafe condition, if not addressed, could
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result in uncontained debris release, damage
to the engine, damage to the airplane, inflight shutdown, and loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
At the next engine shop visit after the
effective date of this AD, replace the HPC
rear hub with a part eligible for installation.
(h) Definitions
(1) For the purpose of this AD, a ‘‘part
eligible for installation’’ is:
(i) Any HPC rear hub with an S/N that does
not appear in Table 2 or Table 3 of
PW1000G–C–72–00–0209–00A–930A–D,
Issue No: 002; or
(ii) Any HPC rear hub that has been
serviced in accordance with Pratt & Whitney
Service Bulletin PW1000G–C–72–00–0209–
00A–930A–D (any revision).
(2) For the purpose of this AD, an ‘‘engine
shop visit’’ is the induction of an engine into
the shop for maintenance involving the
separation of major mating engine flange H.
The separation of engine flanges solely for
the purpose of transportation without
subsequent engine maintenance does not
constitute an engine shop visit.
(i) Credit for Previous Actions
You may take credit for the actions
required by paragraph (g) of this AD if you
performed those actions before the effective
date of this AD using Pratt & Whitney Service
Bulletin PW1000G–C–72–00–0209–00A–
930A–D, Issue No: 001, dated September 13,
2022.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520 Continued
Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the AIR–520 Continued
Operational Safety Branch, send it to the
attention of the person identified in
paragraph (k) of this AD and email to: ANEAD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
For more information about this AD,
contact Mark Taylor, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–7229;
email: mark.taylor@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
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(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Pratt & Whitney Service Bulletin
PW1000G–C–72–00–0209–00A–930A–D,
Issue No: 002, dated June 20, 2023.
(ii) [Reserved]
(3) For Pratt & Whitney service information
identified in this AD, contact International
Aero Engines LLC, 400 Main Street, East
Hartford, CT 06118; phone: (860) 565–0140;
email: help24@prattwhitney.com; website:
connect.prattwhitney.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 5, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–22849 Filed 10–16–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 43 and 91
[Docket No. FAA–2023–1836; Amdt. Nos.
43–53 and 91–371]
RIN 2120–AL70
Inclusion of Additional Automatic
Dependent Surveillance-Broadcast
(ADS–B) Out Technical Standard
Orders; Incorporation by Reference
Federal Aviation
Administration (FAA), U.S. Department
of Transportation (DOT).
ACTION: Direct final rule; request for
comments.
AGENCY:
This rulemaking amends the
Automatic Dependent SurveillanceBroadcast (ADS–B) Out requirements to
allow aircraft meeting the performance
requirements in Technical Standard
Order (TSO)–C166c (Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz)), or
TSO–C154d, (Universal Access
Transceiver (UAT) ADS–B Equipment
Operating on the Radio Frequency of
978 Megahertz (MHz)) to meet the
regulations. Aircraft equipped with
SUMMARY:
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
ADS–B Out that meets the performance
requirements of either TSO–C166c or
TSO–C154d will provide additional
information to pilots and air traffic
control, including weather information,
spectrum monitoring, and airspeed.
They will also enable new wake
turbulence applications, enhance
weather forecasting, and enable or
enhance ADS–B In applications such as
Flight Interval Management.
DATES: This direct final rule is effective
December 18, 2023.
Send comments on or before
November 16, 2023. If the FAA receives
an adverse comment, the FAA will
advise the public by publishing a
document in the Federal Register before
the effective date of this direct final
rule. That document may withdraw the
direct final rule in whole or in part.
Incorporation by reference: The
incorporation by reference of certain
publications listed in this rule is
approved by the Director of the Office
of the Federal Register as of December
18, 2023. The incorporation by reference
of certain other publications listed in
this rule was approved by the Director
of the Office of the Federal Register as
of August 11, 2010.
ADDRESSES: Send comments identified
by docket number FAA–2023–1836
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Juan
Sebastian Yanguas, Airspace Rules &
Regulations, AJV–P21, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
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telephone (202) 267–8783; email
Juan.S.Yanguas@faa.gov.
SUPPLEMENTARY INFORMATION:
List of Abbreviations and Acronyms
Frequently Used in This Document
ADS–B—Automatic Dependent SurveillanceBroadcast
ATC—Air Traffic Control
ICAO—International Civil Aviation
Organization
MHz—Megahertz
MOPS—Minimum Operating Performance
Standards
NTSB—National Transportation Safety Board
TCAS—Traffic Collision Avoidance System
TIS–B—Traffic Information ServiceBroadcast
TSO—Technical Standard Order
UAT—Universal Access Transceiver
I. Executive Summary
As of January 1, 2020, Federal
Aviation Administration (FAA)
regulations, codified in title 14 Code of
Federal Regulations (14 CFR), §§ 91.225
and 91.227, require aircraft to equip
with Automatic Dependent
Surveillance-Broadcast (ADS–B) Out to
operate in expressly identified airspace
areas.1 ADS–B Out equipment must
meet the performance requirements in
§ 91.227 along with those in Technical
Standard Orders (TSO)–C166b or TSO–
C154c. This rulemaking revises
§§ 91.225 and 91.227 to allow aircraft
with equipment that meets the
performance requirements in the new
TSOs, TSO–C166c and TSO–C154d, to
also operate in compliance with the
regulations. Specifically, to allow use of
these new TSOs, the FAA is
incorporating by reference TSO–C166c,
TSO–C154d, section 2 of RTCA DO–
260C, RTCA DO–260C Change 1, and
section 2 of RTCA DO–282C into 14
CFR 91.225 and 91.227. Brief summaries
of each document being incorporated by
reference can be found in section IV.B.
of this preamble. These new
performance requirements enable new
wake turbulence applications,
incorporate functionality for highaltitude and high-velocity vehicles, and
enhance weather forecasting. The
addition of TSO–C166c and TSO–C154d
to the list of permitted TSOs will not
negatively affect current users because
TSO–C166b and TSO–C154c will
remain as acceptable performance
requirements.
This rulemaking also makes minor
changes to other regulatory sections of
part 91. It revises § 91.215 to remove the
requirement that transponders reply to
intermode interrogations, as
International Civil Aviation
Organization (ICAO) prohibited those
replies in ICAO Annex 10 Volume IV
Standards and Recommended Practices
and new transponder certifications do
not include the capability to reply to
intermode interrogations. This
rulemaking also removes the
requirement in part 43, appendix F, to
verify response to an intermode
interrogation.
II. Direct Final Rule
An agency typically uses direct final
rulemaking when it anticipates that a
proposed rule is unnecessary as the rule
is considered noncontroversial.2 The
FAA has determined that this rule is
suitable for direct final rulemaking as
the rule provides an additional means of
compliance with ADS–B Out rule
requirements developed in conjunction
with new industry standards. This
amendment will not impose any
additional burden on operators whose
aircraft are currently equipped with
ADS–B Out equipment meeting the
performance requirements of TSO–
C166b or TSO–C154c. Additionally, this
change will increase the ADS–B Out
rule compliance options with additional
collateral benefits such as new wake
turbulence applications, increased
functionality for high-altitude and highvelocity vehicles, and enhanced weather
forecasting. Moreover, the FAA
previously published the TSOs being
incorporated by reference in this direct
final rule for public comment and
addressed the comments received.3 Any
remaining changes adopted by this
rulemaking are technical, clarifying, or
conforming with current legal
interpretations or international
requirements. As such, the FAA has
determined that this rule is suitable for
direct final rulemaking as these changes
are noncontroversial.
The FAA is providing notice and
seeking comment prior to effectuating
changes to the regulation.4 If the FAA
2 14
1 Section
91.225(h), as redesignated in this rule,
requires unmanned aircraft (UA) to equip with
ADS–B Out and broadcast when they are operating
under a flight plan and in two-way radio
communication with air traffic control (ATC). The
ADS–B Out equipment must meet the performance
requirements in § 91.227 along with those in TSO–
C166b or TSO–C154c. Section 91.225(h), as
redesignated in this rule, is updated to include the
two new TSOs.
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71469
CFR 11.13.
published TSOs and the adjudication of all
public comments received for TSO–C166c and
TSO–C154d can be found alongside each TSO in
the FAA Dynamic Regulatory System (refer to
https://drs.faa.gov).
4 See Adoption of Recommendations, 60 FR
43109, 43110–43111 (Aug. 18, 1995) (describing
Administrative Conference of the United States,
Recommendation 95–4, Procedures for
Noncontroversial and Expedited Rulemaking).
3 The
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receives an adverse comment during the
comment period, the FAA will advise
the public by publishing a document in
the Federal Register before the effective
date of the direct final rule. This
document may withdraw the direct final
rule in whole or in part. If the FAA
withdraws a direct final rule because of
an adverse comment, the FAA may
incorporate the commenter’s
recommendation into another direct
final rule or may publish a notice of
proposed rulemaking (NPRM).5
For purposes of this direct final rule,
an adverse comment is one that explains
(1) why the rule is inappropriate,
including challenges to the rule’s
underlying premise or approach; or (2)
why the direct final rule will be
ineffective or unacceptable without a
change.6 In determining whether an
adverse comment necessitates
withdrawal of this direct final rule, the
FAA will consider whether the
comment raises an issue serious enough
to warrant a substantive response had it
been submitted in response to
publication of an NPRM. A comment
recommending additional provisions to
the rule will not be considered adverse
unless the comment explains how this
direct final rule would be ineffective
without the added provisions.7
Under the direct final rule process,
the FAA does not consider a comment
to be adverse if that comment
recommends an amendment to a
different regulation beyond the
regulation(s) in the direct final rule at
issue. The FAA also does not consider
a frivolous or insubstantial comment to
be adverse.8
If the FAA receives no adverse
comments, the FAA will publish a
confirmation notification in the Federal
Register, generally within 15 days after
the comment period closes. The
confirmation notification announces the
effective date of the rule.9
III. Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in title 49 of the
United States Code (U.S.C.). Subtitle I,
section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart I, section 40103
(Sovereignty and use of airspace), and
5 14
CFR 11.31(c).
CFR 11.31(a).
7 14 CFR 11.31(a)(1).
8 14 CFR 11.31(a)(1) and (2).
9 14 CFR 11.31(b).
6 14
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subpart III, section 44701 (General
requirements). Under section 40103, the
FAA is charged with prescribing
regulations on the flight of aircraft
(including regulations on safe altitudes)
for navigating, protecting, and
identifying aircraft, and the efficient use
of the navigable airspace. Under section
44701, the FAA is charged with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce.
This regulatory action is within the
scope of both sections 40103 and 44701
because it prescribes aircraft
performance requirements to meet
advanced surveillance needs to
accommodate increases in national
airspace system operations. As more
aircraft operate within United States
(U.S.) airspace, the FAA needs
improved surveillance performance to
accommodate the increased traffic safely
and efficiently.
IV. Discussion of the Direct Final Rule
Effective January 1, 2020, 14 CFR
91.225 requires aircraft operators to
comply with §§ 91.225 and 91.227 when
the aircraft is operated in designated
classes of airspace (whereas unmanned
aircraft must comply with § 91.225(h),
as redesignated by this rule, when in
two-way radio communication with air
traffic control (ATC) and operating
under a flight plan). To comply, the
ADS–B Out equipment must meet the
performance requirements of § 91.227
and either TSO–C166b or TSO–C154c.10
Moreover, TSO–C166b and TSO–C154c
reference and require compliance with
RTCA DO–260B or RTCA DO–282B,
10 The following documents were incorporated by
reference into 14 CFR 91.225 and 91.227 as of
August 11, 2010 by the final rule, Automatic
Dependent Surveillance-Broadcast (ADS–B) Out
Performance Requirements To Support Air Traffic
Control (ATC) Service, 75 FR 30159 (May 28, 2011):
Technical Standard Order (TSO)–C166b,
Extended Squitter Automatic Dependent
Surveillance-Broadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B) Equipment
Operating on the Radio Frequency of 1090
Megahertz (MHz) (Dec. 2, 2009);
TSO–C154c, Universal Access Transceiver (UAT)
Automatic Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the Frequency of
978 MHz (Dec. 2, 2009);
Section 2, Equipment Performance Requirements
and Test Procedures, of RTCA DO–260B, Minimum
Operational Performance Standards for 1090 MHz
Extended Squitter Automatic Dependent
Surveillance-Broadcast (ADS–B) and Traffic
Information Services-Broadcast (TIS–B), December
2, 2009 (referenced in TSO–C166b); and
Section 2, Equipment Performance Requirements
and Test Procedures, of RTCA DO–282B, Minimum
Operational Performance Standards for Universal
Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS–B), December 2, 2009
(referenced in TSO–C154c).
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respectively, which are minimum
operational performance standards
(MOPS).
Specifically, § 91.225 states no person
may operate an aircraft in Class A
airspace unless the aircraft has
equipment installed that meets the
performance requirements in TSO–
C166b and § 91.227. Additionally, no
person may operate an aircraft below
18,000 feet mean sea level and in certain
airspace described in the regulation
unless the aircraft meets either the
performance requirements in § 91.227
and either TSO–C166b or TSO–C154c.
A TSO is a minimum performance
standard for specified materials, parts,
and appliances used on civil aircraft.
These standards provide industry with
the minimum requirements they must
meet to certify an ADS–B Out system.
The FAA may recognize certain TSOs as
a means of compliance with regulatory
requirements, or the regulation may
explicitly incorporate the TSO
requirements. For §§ 91.225 and 91.227,
the FAA has specifically incorporated
the TSOs into the regulations. This
process ensures a harmonized approach
for equipment functionality across
equipment manufacturers.
Currently, aircraft with equipment
that meet the performance requirements
in TSO–C166b or TSO–C154c are in
compliance with the regulations. This
rulemaking revises §§ 91.225 and 91.227
to include the use of equipment
compliant with TSO–C166c (Extended
Squitter Automatic Dependent
Surveillance-Broadcast (ADS–B) and
Traffic Information Service-Broadcast
(TIS–B) Equipment Operating on the
Radio Frequency of 1090 Megahertz
(MHz)) or TSO–C154d (Universal
Access Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Radio Frequency of 978 Megahertz
(MHz)) as options to meet the ADS–B
Out regulations. These new TSOs
increase information available (e.g.,
weather information or spectrum
monitoring); enable new wake
turbulence applications; incorporate
functionality for high-altitude and highvelocity vehicles; and enhance weather
forecasting. They also enable and
enhance ADS–B In applications such as
Flight Interval Management. These
additions will not negatively affect
current users, as there is no mandate for
users to change from existing ADS–B
Out rule-compliant equipment to meet
the performance requirements in TSO–
C166c or TSO–C154d. Persons using
equipment meeting the performance
requirements in either TSO–C166b or
TSO–C154c may continue to use that
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equipment after the adoption of this
rule.
This rulemaking also revises
§§ 91.225 and 91.227 to clearly associate
each Technical Standard Order with its
associated RTCA document. While
Section 2 of RTCA DO–260B and
Section 2 of RTCA DO–282B were
previously incorporated by reference
into §§ 91.225 and 91.227, they were not
clearly associated with the TSOs to
which they related. With the addition of
two new TSOs and three new RTCA
documents, it is important each TSO be
clearly associated with its referenced
RTCA document(s).
A. Addition of TSO–C166c and TSO–
C154d Performance Standards
TSO–C166c, which is a subject of this
rulemaking, is largely based on RTCA’s
Minimum Operating Performance
Standards (MOPS) for ADS–B Out
systems. RTCA is an independent
standards development organization
comprised of representatives from
industry, government, associations, and
academia. Representatives from these
entities collaborated on the
development of an updated standards
document for ADS–B Out systems titled
RTCA DO–260C, Minimum Operational
Performance Standards for 1090 MHz
Extended Squitter Automatic Dependent
Surveillance-Broadcast (ADS–B) and
Traffic Information Services—Broadcast
(TIS–B). The same committee
subsequently published RTCA DO–260C
Change 1 as a supplemental document
to correct errors and add clarifications.
RTCA made both RTCA DO–260C and
RTCA DO–260C Change 1 available to
the public through the RTCA website,
and the responsible committee
adjudicated all comments received.
Specifically, the FAA requires
compliance with Section 2 of RTCA
DO–260C as modified by Change 1 as
part of TSO–C166c. Section 2
establishes equipment performance
requirements for 1090 MHz ADS–B
systems. Compliance with the TSO,
including Section 2 of RTCA DO–260C
as modified by Change 1, allows
industry to show the FAA that their
system is designed and manufactured as
required by FAA regulations.
RTCA DO–260C as modified by
Change 1, updates the previous RTCA
DO–260B performance standard to
provide additional capabilities
enhancing areas such as safety,
equipment performance, airspace
efficiency, and data reporting. The
substantive changes from the previous
MOPS include:
• Changes to support ICAO
requirements that Autonomous Distress
Tracking automatically provide position
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information at least once per minute
when in distress. Although current
§ 91.227(c) already requires the position
information, the RTCA revision
provides a means to initiate broadcast
announcing that the aircraft is in
distress.
• Additional elements in ADS–B Out
messages, including wind and
temperature data, to support more
precise spacing of aircraft by air traffic
control (ATC). In addition, the avionics
will be able to support capability for
ground radars to extract Flight Interval
Management data from the aircraft.
• The broadcast of aircraft-derived
weather data for applications such as
Flight Interval Management, wake
vortex avoidance and surfing, hazardous
weather detection and avoidance, and
aviation weather forecasting.
• The broadcast of pilot-observed
weather during flight, including
temperature, wind, turbulence, and
hazardous weather information.
• The broadcast of an unmanned
aircraft system (UAS)/Remotely Piloted
Aircraft System (RPAS) lost link
condition. In this condition, the UAS/
RPAS may broadcast its contingency
plan, identifying the course of action the
UAS/RPAS is following.
• Increased the reporting range of
altitude and velocity to support
commercial space and hypersonic
aircraft operations.
• Inclusion of new capabilities for
Airborne Collision Avoidance System
(ACAS)–X, Detect and Avoid (DAA), as
well as future Collision Avoidance
Systems (CAS). The new capabilities
include expanded information-laying
framework for future passive CAS and
alternate coordination techniques.
• Improved Geometric Altitude
reporting by increasing the reportable
difference between geometric and
barometric altitude when information
for both is available. Additionally,
minimized the reporting of no integrity
by expanding the Navigation Integrity
Category (NIC) reporting when solely
geometric altitude is available.
• Provisions for Phase Overlay (PO)
techniques enhancing future capacity
and efficiency of the 1090 MHz
frequency. PO allows for transmission of
additional data within existing ADS–B
Out messages without the need for
additional messages.
• Enhanced requirements for
selection of transmission of airborne or
surface message formats for aircraft
without an automatic means of
determining on-the-ground status (e.g., a
landing gear weight on wheels switch).
• The broadcast of Interrogation/
Reply Monitor data, including
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71471
measurements of transponder
interrogation and reply rate activity.
• Improved emitter category
classifications and descriptions to
prevent misuse by future applications.
• Transmission of transponder
antenna offset information improving
tracking of aircraft and vehicles
operating on the airport surface by the
airport surface detection systems.
TSO–C154d, which is also the subject
of this rulemaking, is largely based on
RTCA DO–282C, Minimum Operational
Performance Standards (MOPS) for
Universal Access Transceiver (UAT)
Automatic Dependent SurveillanceBroadcast (ADS–B). RTCA made RTCA
DO–282C available to the public
through the RTCA website, and the
responsible committee adjudicated all
comments received.
Specifically, the FAA requires
compliance with Section 2 of RTCA
DO–282C as part of TSO–C154d.
Section 2 establishes equipment
performance requirements for UAT
ADS–B systems. Compliance with the
TSO, including Section 2 of RTCA DO–
282C, allows industry to show the FAA
that their system is designed and
manufactured as required by FAA
regulations.
RTCA DO–282C updates the previous
RTCA DO–282B performance standard
to provide additional capabilities
enhancing areas such as safety,
equipment performance, airspace
efficiency, and data reporting. The
substantive changes to the previous
performance standard include:
• Changes to support ICAO
requirements that Autonomous Distress
Tracking automatically provide position
information at least once per minute
when in distress. Although current
§ 91.227(c) already requires the position
information, the RTCA revision
provides a means to initiate broadcast
announcing that the aircraft is in
distress.
• Additional elements in ADS–B Out
messages, including wind and
temperature data, to support more
precise spacing of aircraft by ATC. In
addition, the avionics will be able to
support capability for ground radars to
extract Flight Interval Management data
from the aircraft.
• The broadcast of aircraft-derived
weather data for applications such as
Flight Interval Management, wake
vortex avoidance and surfing, hazardous
weather detection and avoidance, and
aviation weather forecasting.
• The broadcast of pilot-observed
weather during flight, including
temperature, wind, turbulence, and
hazardous weather information.
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• The broadcast of a UAS/RPAS lost
link condition. In this condition, the
UAS/RPAS may broadcast its
contingency plan, identifying the course
of action the UAS/RPAS is following.
• Increased the reporting range of
altitude and velocity to support
commercial space and hypersonic
aircraft operations.
• Enhanced requirements for
selection of transmission of airborne or
surface message formats for aircraft
without an automatic means of
determining on-the-ground status (e.g., a
landing gear weight on wheels switch).
• Improved emitter category
classifications and descriptions to
prevent misuse by future applications.
This rule will allow aircraft with
equipment compliant with the
performance requirements of TSO–
C166c and RTCA DO–260C as modified
by Change 1, and TSO–C154d and
RTCA DO–282C to operate in the
airspace areas identified in § 91.225.
Importantly, this rulemaking does not
impact any operators currently in
compliance with §§ 91.225 and 91.227.
Including TSO–C166c and TSO–
C154d in §§ 91.225 and 91.227 allows
the use of updated technology to meet
ADS–B Out requirements and enables
improvements in the ADS–B
environment, such as the ability to
transmit additional data; and to include
ADS–B Out for high-altitude and highvelocity vehicles.
approved materials are available for
inspection at the FAA’s Office of
Rulemaking, 800 Independence Avenue
SW, Washington, DC 20590 (telephone
(202) 267–9677). This material is also
available from the sources indicated in
paragraphs (i)(1) and (2) of § 91.225, as
redesignated by this rule, and
paragraphs (g)(1) and (2) of § 91.227 and
as follows:
1. Copies of the following Technical
Standard Orders (TSOs) may be
obtained from the U.S. Department of
Transportation, Subsequent Distribution
Office, DOT Warehouse M30, Ardmore
East Business Center, 3341 Q 75th
Avenue, Landover, MD 20785;
telephone (301) 322–5377. Copies are
also available on the FAA’s website at
www.faa.gov/aircraft/air_cert/design_
approvals/tso/. Select the link ‘‘Search
Technical Standard Orders.’’
a. TSO–C166c, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service—Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz)
(March 10, 2023);
i. This TSO contains the minimum
performance standards that 1090 MHz
ADS–B and TIS–B equipment must
meet for approval and identification
with the applicable TSO marking.
b. TSO–C154d, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
B. Incorporation by Reference
(ADS–B) Equipment Operating on the
Incorporation by reference (IBR) is a
mechanism that allows Federal agencies Radio Frequency of 978 Megahertz
(MHz) (March 10, 2023).
to comply with the requirements of the
i. This TSO contains the minimum
Administrative Procedure Act to
performance standards that UAT ADS–
publish rules in the Federal Register
B equipment and/or UAT diplexers
and the CFR by referring to material
must meet for approval and
published elsewhere.11 Material that is
identification with the applicable TSO
incorporated by reference has the same
legal status as if it were published in full marking.
2. Copies of the following documents
in the Federal Register and the CFR.
may be obtained from RTCA, Inc., 1150
The standards referenced in this rule
18th St. NW, Suite 910, Washington, DC
include technical information and
20036, telephone (202) 833–9339.
specifications for equipment and
capabilities required to meet FAA ADS– Copies are also available on the RTCA
Inc. Website at https://www.rtca.org/
B Out requirements.
The standards referenced in §§ 91.225 products.
a. RTCA DO–260C, Minimum
and 91.227 of this rule are incorporated
Operational Performance Standards for
by reference with the approval of the
1090 MHz Extended Squitter Automatic
Director of the Office of the Federal
Dependent Surveillance-Broadcast
Register under 5 U.S.C. 552(a) and 1
(ADS–B) and Traffic Information
CFR part 51. In accordance with 5
Services-Broadcast (TIS–B), Section 2,
U.S.C. 552(a) and 1 CFR part 51,12 all
Equipment Performance Requirements
11 5 U.S.C. 552(a).
and Test Procedures, December 17,
12 5 U.S.C. 552(a) requires that matter
2020; and Minimum Operational
incorporated by reference be ‘‘reasonably available’’ Performance Standards for 1090 MHz
as a condition of its eligibility. Further, 1 CFR
Extended Squitter Automatic Dependent
51.5(b)(2) requires that agencies seeking to
incorporate material by reference discuss in the
preamble of the final rule the ways that the material
it is incorporating by reference is reasonably
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available to interested parties and how interested
parties can obtain the material.
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Surveillance-Broadcast (ADS–B) and
Traffic Information Services-Broadcast
(TIS–B) Change 1, January 25, 2022
(referenced in TSO–C166c);
i. Section 2 of RTCA DO–260C
contains the equipment performance
requirements and test procedures for
1090 MHz ADS–B and TIS–B
equipment.
ii. DO–260C Change 1 contains
updates, corrections, and additional
material to support the implementation
of RTCA DO–260C.
b. RTCA DO–282C, Minimum
Operational Performance Standards
(MOPS) for Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast (ADS
B), Section 2, Equipment Performance
Requirements and Test Procedures, June
23, 2022 (referenced in TSO–C154d).
i. Section 2 of RTCA DO–282C
contains the equipment performance
requirements and test procedures for
UAT ADS–B equipment.
The following standards appear in the
amendatory text of this document and
were previously approved for the
locations in which they appear: TSO–
C166b, TSO–C154c, RTCA DO–260B,
Section 2, and RTCA DO–282B, Section
2.
C. Advisory Circulars Updated as Part of
This Rulemaking
As part of this rulemaking, the FAA
is updating FAA Advisory Circular (AC)
90–114B, Automatic Dependent
Surveillance—Broadcast Operations, to
modify references to the TSOs listed for
ADS–B Out equipment that complies
with title 14 of the Code of Federal
Regulations part 91, §§ 91.225 and
91.227.
D. Miscellaneous Amendments
This rule also includes a number of
minor miscellaneous changes to
§§ 91.215, 91.225, and 91.227 to
incorporate updated ICAO
requirements, clarify ambiguities
identified in past requests for legal
interpretations, clarify vague
requirements, correct previous
typographical errors, change a physical
location address, and ensure valid
website links.
The FAA amends §§ 91.215 and
91.227 by replacing the term ‘‘Mode
3/A’’ with ‘‘Mode A’’ in both § 91.215(b)
and § 91.227(d)(7). Mode A is a civilian
mode intended to elicit transponder
replies for identity and surveillance.
Mode 3 is a military mode also used to
elicit transponder replies for identity
and surveillance. Mode 3 contains all
the functionality of Mode A along with
additional military-specific capability.
For this reason, the military community
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often uses the term ‘‘Mode 3/A,’’ a term
the civil community does not widely
use. This editorial change will properly
emphasize that the regulation requires
the Mode A functionality and not the
military-specific functionality of Mode
3. In addition, using the term Mode A
is consistent with the language used by
ICAO and RTCA documents.
This rule also removes the
requirement in § 91.215(b) to reply to
intermode interrogations, and removes
the requirement in part 43, appendix F,
to verify response to an intermode
interrogation. Currently, § 91.215(b)
requires aircraft equipped with a Mode
S capability to reply ‘‘to Mode 3/A
interrogations with the code specified
by ATC and intermode and Mode S
interrogations in accordance with the
applicable provisions specified in TSO
C–112.’’ Additionally, part 43, appendix
F, paragraph (h), requires verification
that an ATC transponder respond to an
Air Traffic Control Radar Beacon
System (ATCRBS)/Mode S all-call
interrogation. ICAO Annex 10 Volume
IV establishes two types of intermode
interrogations: Mode A/C/S all-call and
Mode A/C-only all-call. Mode A/C/S allcall interrogations were designed to
produce a Mode S reply in Mode S
capable transponders and a Mode A or
C reply in non-Mode S capable
transponders. Mode A/C-only all-call
interrogations were designed to not
produce a reply by Mode S capable
transponders and to produce a Mode A
or C reply in non-Mode S transponders.
Therefore, the only type of intermode
interrogation that a Mode S transponder
was intended to reply to per § 91.215(b)
was a Mode A/C/S all-call interrogation.
However, ICAO now prohibits replies to
Mode A/C/S all-call interrogations in
new equipment certifications.13 Mode
A/C/S all-call interrogations were never
implemented in U.S. ground radar
systems, but the inclusion of this
capability within existing transponders
led to an increase in what is known as
False Replies Un-synchronized In Time
(FRUIT). Radio Frequency (RF)
propagation effects often result in a
Mode A/C-only all-call interrogation
appearing to be a Mode A/C/S all-call
interrogation at the receiver of a
transponder. When a Mode S
transponder decodes a Mode A/C/S allcall interrogation, an undesired reply is
transmitted by the transponder,
resulting in the increase of FRUIT.
Removal of the requirement to reply to
intermode interrogations ensures
compliance with ICAO requirements
and reduces the number of unsolicited
replies, thus reducing 1090 MHz
13 See
ICAO Annex 10 Vol IV sec. 3.1.2.4.1.3.2.1.
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spectrum congestion. RTCA DO–181F,
referenced by TSO–C112f, also prohibits
Mode S transponders from responding
to Mode A/C/S all-call interrogations.
Equipment certified to TSO–C112
versions prior to TSO–C112f will retain
the capability to reply to Mode A/C/S
all-call interrogations and will continue
to be compliant with § 91.215(b).
Accordingly, this rule removes the
requirement in 14 CFR part 43,
appendix F, paragraph (h), to verify
response to an intermode interrogation,
specifically the ATCRBS/Mode S all-call
formats (1.6 microsecond P4 pulse),
which is another name for the Mode A/
C/S all-call interrogation. This
conforming amendment aligns the
inspection and test requirements in part
43 with the ICAO prohibition to reply
to Mode A/C/S all-call interrogations.
This rule also amends part 43,
appendix F, paragraph (j), which
requires verification that the Mode S
transponder generates a correct squitter
approximately once per second, by
clarifying the squitter is an acquisition
squitter.
Additionally, the FAA amends
§ 91.225(e) by adding the term ‘‘enginedriven’’ before ‘‘electrical system.’’ This
amendment will clarify that the relief
described in § 91.225 applies to aircraft
whose electrical system was not
originally or subsequently certificated to
be powered by the aircraft’s engine. This
rephrasing is consistent with the phrase
used in § 91.215(b)(3) to describe the
same category of aircraft. The difference
in language has led to confusion among
regulated entities, as evidenced by the
FAA’s legal interpretation sent to David
Schober on January 5, 2017.14 Mr.
Schober requested clarification on the
applicability of § 91.225(e) to aircraft
that had not been originally certificated
with an electrical system but which
have subsequently had batteries or
electric starters installed. The FAA
determined that the intent of the
language was to cover the same types of
aircraft as in the transponder regulation.
This amendment will make it clear that
both regulatory provisions refer to the
same category of aircraft.
The FAA is revising the definitions
for ‘‘Navigation Accuracy Category for
Position (NACP)’’, ‘‘Navigation
Accuracy Category for Velocity
(NACV)’’, ‘‘Navigation Integrity
Category (NIC)’’, ‘‘Source Integrity Level
(SIL)’’, and ‘‘System Design Assurance
(SDA)’’ in § 91.227(a) to remove the
references to TSO–C166b and TSO–
C154c. The FAA has determined that
14 Available at https://www.faa.gov/about/office_
org/headquarters_offices/agc/practice_areas/
regulations/interpretations.
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71473
including references to these standards
in the definitions themselves is
unnecessary and could lead to
confusion as more Technical Standard
Orders are added to this regulation. The
FAA notes that references to the
Technical Standard Orders appear in
the actual regulatory requirements of
§ 91.227.
Further, the FAA also amends the
way it describes the System Design
Assurance (SDA) reporting requirements
in § 91.227(c)(1)(iv) and the Source
Integrity Level (SIL) reporting
requirement in § 91.227(c)(1)(v) without
changing the underlying substantive
requirement itself. Under the FAA’s
current regulation, the FAA codified
numerical values used by RTCA to
represent probability values. That is, per
DO–260B, an SDA value of 2 represents
‘‘the probability of a position
transmission chain fault causing false or
misleading position information to be
transmitted’’ to be ≤1 × 10¥5 per flight
hour. This action revises
§ 91.227(c)(1)(iv) to require an SDA of
≤1 × 10¥5 per flight hour instead of the
equivalent RTCA DO–260B value of 2.
A SIL of 3 represents ‘‘the probability of
the reported horizontal position
exceeding the radius of containment
(RC) defined by the NIC, without
alerting, assuming no avionics faults’’ to
be ≤1 × 10¥7 per flight hour or per
sample. Therefore, § 91.227(c)(1)(v) will
require a SIL value of ≤1 × 10¥7 per
flight hour or per sample instead of the
equivalent RTCA DO–260B value of 3.
This change does not alter the
underlying performance requirements.
Instead, it codifies the actual probability
requirement rather than the equivalent
conversion used by RTCA DO–260B.
This editorial change makes the
regulation’s performance requirements
clear within the regulation without
having to consult RTCA DO–260B. It
also ensures that this performance
standard remains constant in case RTCA
revises SDA and SIL.
Additionally, this rule amends
§ 91.227(d)(13) to conform to the FAA’s
intent that the element indicate that the
aircraft has the capability to receive
ADS–B In services, not necessarily that
this capability be installed. The revised
regulatory text will replace the current
word ‘‘installed’’ with the word
‘‘available.’’ After the amendment’s
effective date, § 91.227(d)(13) will
require ‘‘[a]n indication of whether
ADS–B In capability is available.’’ The
FAA became aware of the confusion
after John D. Collins’ September 20,
2012 letter requesting an interpretation
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of § 91.227(d)(13).15 Mr. Collins
explained that some aircraft operators
use portable ADS–B In receivers
without installing the equipment. By
using the word ‘‘installed’’ in the
regulatory language, some aircraft
operators and installers believed that an
aircraft could not indicate ADS–B In
capability if the appropriate equipment
was not physically installed on the
aircraft.
Per the preamble to the Automatic
Dependent Surveillance-Broadcast
(ADS–B) Out Performance Requirements
to Support Air Traffic Control (ATC)
Service published on May 28, 2010,16
the ADS–B In capability is meant to
provide ADS–B ground stations with an
indication of what, if any, FAA ADS–B
services should be provided to the
aircraft. In a legal interpretation sent to
John D. Collins on August 23, 2013, the
FAA explained that the intent was for
this message element to indicate that the
aircraft has the capability to receive
ADS–B In services, not necessarily that
this capability is installed. Therefore,
this change clarifies that aircraft are to
indicate that ADS–B reception
capability is available, even if the
system receiving the data is not
installed on the aircraft. The FAA
ground stations will provide ADS–B In
services to all eligible aircraft indicating
an ADS–B In capability.
The FAA also clarifies § 91.227(d)(5)
by revising ‘‘TCAS II or ACAS’’ to
‘‘collision avoidance system.’’ While the
FAA often uses the term TCAS in
various rules and regulations, other
nations and ICAO generally use the term
ACAS. For this reason, § 91.227 used
the term ‘‘TCAS II or ACAS’’ in an
attempt to reduce confusion. Since the
initial publication of § 91.227, the FAA
published a new TSO (TSO–C219) for
an additional collision avoidance
system: ACAS Xa/Xo. TSO–C219 was
published by the FAA on February 28,
2020.17 Additionally, various other
collision avoidance systems are
currently in development. Due to the
long-standing confusion with the
terminology, RTCA, ICAO, and
international regulators all use the
generic term ‘‘collision avoidance
system (CAS).’’ This editorial change
provides enhanced clarity but does not
alter the existing broadcast
requirements.
Further, the FAA clarifies
§ 91.227(d)(8) by changing the required
broadcast information from ‘‘an
15 Available at www.faa.gov/about/office_org/
headquarters_offices/agc/practice_areas/
regulations/interpretations.
16 75 FR 30159.
17 Available at https://drs.faa.gov/browse.
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indication of the aircraft’s call sign that
is submitted on the flight plan, or the
aircraft’s registration number’’ to ‘‘an
indication of the aircraft identification
that is submitted on the flight plan or
used for communicating with ATC.’’
The change will clarify, not alter, the
substantive meaning of the paragraph.
On July 27, 2017, the FAA sent an
internal request for legal interpretation
of § 91.225(d)(8). Some manufacturers
and operators interpreted the existing
language to mean that the aircraft
registration number could be
programmed into the aircraft
identification field of the ADS–B
avionics and yet a different aircraft call
sign could be filled in the flight plan.
The FAA legal interpretation sent to Jere
Hayslett on August 3, 2017, stated that
in the preamble to the final rule, to
satisfy § 91.227(d)(8) a pilot would have
to provide the same call sign on their
flight plan as they transmit out using
ADS–B to avoid ATC confusion. This
amendment makes clear that the aircraft
identification included on the flight
plan must match the aircraft
identification transmitted via ADS–B
Out. Furthermore, the change also
clarifies that for those aircraft that do
not file a flight plan, the aircraft
identification transmitted via ADS–B
Out must match the aircraft
identification used for communicating
with ATC and ensures ATC can
correlate flight plan information with
information displayed on the radar
display.
In addition, the FAA is undertaking
the following purely clerical changes:
• Corrects typographical errors in
§§ 91.225(i)(1), as redesignated by this
rule, and 91.227(c) and (g)(1) and (2).
These include removing of extra spaces,
correcting capitalizations, and
correcting placement of dash marks.
• Updates website addresses in
§§ 91.225(i) introductory text and (i)(1)
and (2), as redesignated by this rule, and
91.227(g) introductory text and (g)(1)
and (2).
• Updates the RTCA physical address
in §§ 91.225(i)(2), as redesignated by
this rule, and 91.227(g)(2).
V. Regulatory Notices and Analyses
Federal agencies consider impacts of
regulatory actions under a variety of
executive orders and other
requirements. First, Executive Order
12866 and Executive Order 13563, as
amended by Executive Order 14094
(‘‘Modernizing Regulatory Review’’),
direct that each Federal agency shall
propose or adopt a regulation only upon
a reasoned determination that the
benefits of the intended regulation
justify the costs. Second, the Regulatory
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Flexibility Act of 1980 (Pub. L. 96–354)
requires agencies to analyze the
economic impact of regulatory changes
on small entities. Third, the Trade
Agreements Act (Pub. L. 96–39)
prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
that may result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$100 million or more (adjusted annually
for inflation) in any one year. The
current threshold after adjustment for
inflation is $177 million using the most
current (2022) Implicit Price Deflator for
the Gross Domestic Product. This
portion of the preamble summarizes the
FAA’s analysis of the economic impacts
of this rule.
In conducting these analyses, the FAA
has determined that this rule has
benefits that justify its costs; is not
significant as defined in section 3(f)(1)
of Executive Order 12866; will not have
a significant economic impact on a
substantial number of small entities;
will not create unnecessary obstacles to
the foreign commerce of the United
States; and, will not impose an
unfunded mandate on State, local, or
tribal governments, or on the private
sector.
A. Regulatory Evaluation
ADS–B enhances safety and efficiency
and directly benefits pilots, controllers,
airports, airlines, and the public. This
rule enables additional features of ADS–
B Out as an option to meet all ADS–B
requirements by revising §§ 91.225 and
91.227. Since this direct final rule
maintains the performance standards by
providing aircraft operators the option,
on a voluntary basis, to implement
additional features into the ADS–B
equipment, the direct final rule will not
incur any costs to the operators and the
public. Revising § 91.215 adds no new
cost to the public because it removes the
requirement to support a capability that
has no operational use. By increasing
the information available, enabling new
wake turbulence applications,
incorporating functionality for highaltitude and high-velocity vehicles, and
enhancing weather forecasting, this
direct final rule has unquantifiable
benefits to aircraft operators.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA),
Public Law 96–354, (5 U.S.C. 601–612),
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as amended by the Small Business
Regulatory Enforcement Fairness Act
(Pub. L. 104–121) and the Small
Business Jobs Act (Pub. L. 111–240),
requires Federal agencies to consider
the effects of the regulatory action on
small business and other small entities
and to minimize any significant
economic impact. The term ‘‘small
entities’’ comprises small businesses
and not-for-profit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
Agencies must perform a review to
determine whether a rulemaking would
have a significant economic impact on
a substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA. However, if an agency determines
that a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify,
and a regulatory flexibility analysis is
not required.
This direct final rule adds an option
for aircraft operators to incorporate
additional features into ADS–B
equipment described in §§ 91.225 and
91.227 and allows for the removal of an
unused capability in § 91.215. This
direct final rule will not require
additional reporting, recordkeeping, and
other compliances for small businesses.
Therefore, as provided in section
605(b), the head of the FAA certifies
that this direct final rule does not result
in a significant economic impact on a
substantial number of small entities.
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, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this rule and
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determined that it will impose no costs
on either domestic or international
entities and thus has a neutral trade
impact.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$177.0 million in lieu of $100 million.
This rule does not contain such a
mandate. Therefore, the requirements of
title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. The
FAA has determined that there is no
new requirement for information
collection associated with this direct
final rule.
F. International Compatibility and
Cooperation
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 (SARPs) to the
maximum extent practicable. ICAO
plans to update its current SARPs to
reflect harmonized changes to both
RTCA and EUROCAE minimum
performance standards, as appropriate,
for ADS–B Out operations. The FAA
also will continue to work with the
international community to ensure
harmonization.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6f for regulations and
involves no extraordinary
circumstances.
PO 00000
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VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this direct
final rule under the principles and
criteria of Executive Order 13132,
Federalism. The agency determined that
this action will not have a substantial
direct effect on the States, or 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,
does not have federalism implications.
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this direct final
rule under Executive Order 13211,
Actions Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use. The agency has
determined that this rule is not a
‘‘significant energy action’’ under the
Executive order and the rule is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
C. Executive Order 13609, International
Cooperation
Executive Order 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. The FAA analyzed this
action under the policies and agency
responsibilities of Executive Order
13609 and has determined that this
action would have no effect on
international regulatory cooperation.
VII. Additional Information
A. Comments Invited
The 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 send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
The 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, the FAA will consider all
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comments it receives on or before the
closing date for comments. The agency
may change this rule in light of the
comments it receives.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
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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 direct final
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 direct final rule, it is
important that you clearly designate the
submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this direct final rule. Submissions
containing CBI should be sent to the
person in the FOR FURTHER INFORMATION
CONTACT section of this document. Any
commentary that the FAA receives
which 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 direct final rule, all
comments received, any confirmation
document, and all background material
may be viewed online at https://
www.regulations.gov using the docket
number listed above. A copy of this
direct final 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 https://
www.federalregister.gov and the
Government Publishing Office’s website
at https://www.govinfo.gov. A copy may
also be found on the FAA’s Regulations
and Policies website at https://
www.faa.gov/regulations_policies.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
VerDate Sep<11>2014
15:56 Oct 16, 2023
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Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677. Interested
persons must identify the docket or
amendment number of this rulemaking.
All documents the FAA considered in
developing this 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 the 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 https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects
14 CFR Part 43
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 91
Air traffic control, Aircraft, Airports,
Aviation safety, Incorporation by
reference, Transportation.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
PART 43—MAINTENANCE,
PREVENTIVE MAINTENANCE,
REBUILDING, AND ALTERATION
1. The authority citation for part 43
continues to read as follows:
■
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f),
106(g), 40105, 40113, 44701–44702, 44704,
44707, 44709, 44711, 44713, 44715, 45303.
2. Amend appendix F to part 43 by
revising paragraphs (h) and (j) to read as
follows:
■
(j) Squitter: Verify that the Mode S
transponder generates a correct acquisition
squitter approximately once per second.
*
*
*
*
PART 91—GENERAL OPERATING AND
FLIGHT RULES
3. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40113, 40120, 44101, 44111,
44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316,
46504, 46506–46507, 47122, 47508, 47528–
47531, 47534, Pub. L. 114–190, 130 Stat. 615
(49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
4. Amend § 91.215 by revising the
introductory text of paragraph (b) to
read as follows:
■
§ 91.215 ATC transponder and altitude
reporting equipment and use.
*
*
*
*
*
(b) All airspace. Unless otherwise
authorized or directed by ATC, and
except as provided in paragraph (e)(1) of
this section, no person may operate an
aircraft in the airspace described in
paragraphs (b)(1) through (5) of this
section, unless that aircraft is equipped
with an operable coded radar beacon
transponder having either Mode A 4096
code capability, replying to Mode A
interrogations with the code specified
by ATC, or a Mode S capability,
replying to Mode A interrogations with
the code specified by ATC and Mode S
interrogations in accordance with the
applicable provisions specified in TSO–
C112, and that aircraft is equipped with
automatic pressure altitude reporting
equipment having a Mode C capability
that automatically replies to Mode C
interrogations by transmitting pressure
altitude information in 100-foot
increments. The requirements of this
paragraph (b) apply to—
*
*
*
*
*
■ 5. Amend § 91.225 by:
■ a. Revising paragraphs (a)(1), (b), and
(e) introductory text.
■ b. Redesignating paragraphs (h) and (i)
as set out in the following redesignation
table.
Old paragraph
Appendix F to Part 43—ATC
Transponder Tests and Inspections
paragraph (h) ............
paragraph (i) .............
*
■
*
*
*
*
(h) Mode S All-Call Interrogations:
Interrogate the Mode S transponder with the
Mode S-only all-call format UF = 11 and
verify that the correct address and capability
are reported in the replies (downlink format
DF = 11).
*
PO 00000
*
*
Frm 00018
*
Fmt 4700
*
Sfmt 4700
*
New paragraph
paragraph (i).
paragraph (h).
c. Revising newly redesignated
paragraphs (h)(1)(i) and (i).
The revisions read as follows:
§ 91.225 Automatic Dependent
Surveillance-Broadcast (ADS–B) Out
equipment and use.
(a) * * *
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(1) Meets the performance
requirements in–
(i) TSO–C166b and Section 2 of RTCA
DO–260B (as referenced in TSO–C166b);
or
(ii) TSO–C166c and Section 2 of
RTCA DO–260C as modified by DO–
260C—Change 1 (as referenced in TSO–
C166c); and
*
*
*
*
*
(b) After January 1, 2020, except as
prohibited in paragraph (h)(2) of this
section or unless otherwise authorized
by ATC, no person may operate an
aircraft below 18,000 feet MSL and in
airspace described in paragraph (d) of
this section unless the aircraft has
equipment installed that—
(1) Meets the performance
requirements in—
(i) TSO–C166b and Section 2 of RTCA
DO–260B (as referenced in TSO–C166b);
(ii) TSO–C166c and Section 2 of
RTCA DO–260C as modified by DO–
260C—Change 1 (as referenced in TSO–
C166c);
(iii) TSO–C154c and Section 2 of
RTCA DO–282B (as referenced in TSO–
C154c); or
(iv) TSO–C154d and Section 2 of
RTCA DO–282C (as referenced in TSO–
C154d);
(2) Meets the requirements of
§ 91.227.
*
*
*
*
*
(e) The requirements of paragraph (b)
of this section do not apply to any
aircraft that was not originally
certificated with an engine-driven
electrical system, or that has not
subsequently been certified with such a
system installed, including balloons and
gliders. These aircraft may conduct
operations without ADS–B Out in the
airspace specified in paragraph (d)(4) of
this section. These aircraft may also
conduct operations in the airspace
specified in paragraph (d)(2) of this
section if those operations are
conducted—
*
*
*
*
*
(h) * * *
(1) * * *
(i) That aircraft has equipment
installed that meets the performance
requirements in TSO–C166b (including
Section 2 of RTCA DO–260B, as
referenced in TSO–C166b), TSO–C166c
(including Section 2 of RTCA DO–260C
as modified by DO–260C—Change 1, as
referenced in TSO–C166c), TSO–C154c
(including Section 2 of RTCA DO–282B,
as referenced in TSO–C154c), or TSO–
C154d (including Section 2 of RTCA
DO–282C, as referenced in TSO–C154d);
and
*
*
*
*
*
(i) The standards required in this
section are incorporated by reference
VerDate Sep<11>2014
15:56 Oct 16, 2023
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with the approval of the Director of the
Office of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. This
incorporation by reference (IBR)
material is available for inspection at
the FAA and the National Archives and
Records Administration (NARA).
Contact the FAA at: Office of
Rulemaking (ARM–1), 800
Independence Avenue SW, Washington,
DC 20590 (telephone 202–267–9677).
For information on the availability of
this material at NARA, visit https://
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. This material is
also available from the following
sources in this paragraph (i).
(1) U.S. Department of Transportation,
Subsequent Distribution Office, DOT
Warehouse M30, Ardmore East Business
Center, 3341 Q 75th Avenue, Landover,
MD 20785; telephone (301) 322–5377;
website: www.faa.gov/aircraft/air_cert/
design_approvals/tso/ (select the link
‘‘Search Technical Standard Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Frequency of 978 MHz, December 2,
2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Radio Frequency of 978 Megahertz
(MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036;
telephone (202) 833–9339; website:
www.rtca.org/products.
(i) RTCA DO–260B, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
PO 00000
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Fmt 4700
Sfmt 4700
71477
Services-Broadcast (TIS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 17,
2020.
(iii) RTCA DO–260C, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance—Broadcast
(ADS–B) and Traffic Information
Services—Broadcast (TIS–B), Change 1,
January 25, 2022.
(iv) RTCA DO–282B, Minimum
Operational Performance Standards for
Universal Access Transceiver (UAT)
Automatic Dependent SurveillanceBroadcast (ADS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum
Operational Performance Standards
(MOPS) for Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B), Section 2, Equipment
Performance Requirements and Test
Procedures, June 23, 2022.
■ 6. Amend § 91.227 by:
■ a. In paragraph (a), revising
definitions for ‘‘Navigation Accuracy
Category for Position (NACP)’’,
‘‘Navigation Accuracy Category for
Velocity (NACV)’’, ‘‘Navigation Integrity
Category (NIC)’’, ‘‘Source Integrity Level
(SIL)’’, and ‘‘System Design Assurance
(SDA)’’; and
■ b. Revising paragraphs (b)(1), (b)(2)(i)
and (ii), (c)(1)(iv) and (v), (d)
introductory text, (d)(5) through (8),
(11), and (13), and (g).
The revisions read as follows:
§ 91.227 Automatic Dependent
Surveillance-Broadcast (ADS–B) Out
equipment performance requirements.
(a) * * *
Navigation Accuracy Category for
Position (NACP) specifies the accuracy
of a reported aircraft’s position.
Navigation Accuracy Category for
Velocity (NACV) specifies the accuracy
of a reported aircraft’s velocity.
Navigation Integrity Category (NIC)
specifies an integrity containment
radius around an aircraft’s reported
position.
*
*
*
*
*
Source Integrity Level (SIL) indicates
the probability of the reported
horizontal position exceeding the
containment radius defined by the NIC
on a per sample or per hour basis.
System Design Assurance (SDA)
indicates the probability of an aircraft
malfunction causing false or misleading
information to be transmitted.
*
*
*
*
*
(b) * * *
(1) Aircraft operating in Class A
airspace must have equipment installed
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that meets the antenna and power
output requirements of Class A1S, A1,
A2, A3, B1S, or B1 equipment as
defined in TSO–C166b and Section 2 of
RTCA DO–260B (as referenced in TSO–
C166b), or TSO–C166c and Section 2 of
RTCA DO–260C as modified by DO–
260C—Change 1 (as referenced in TSO–
C166c).
(2) * * *
(i) Class A1S, A1, A2, A3, B1S, or B1
as defined in TSO–C166b and Section 2
of RTCA DO–260B (as referenced in
TSO–C166b) or TSO–C166c and Section
2 of RTCA DO–260C as modified by
DO–260C—Change 1 (as referenced in
TSO–C166c); or
(ii) Class A1S, A1H, A2, A3, B1S, or
B1 equipment as defined in TSO–C154c
and Section 2 of RTCA DO–282B (as
referenced in TSO–C154c), or TSO–
C154d and Section 2 of RTCA DO–282C
(as referenced in TSO–C154d).
(c) * * *
(1) * * *
(iv) The aircraft’s SDA must be less
than or equal to 10¥5 per flight hour;
and
(v) The aircraft’s SIL must be less than
or equal to 10¥7 per flight hour or per
sample.
*
*
*
*
*
(d) Minimum Broadcast Message
Element Set for ADS–B Out. Each
aircraft must broadcast the following
information, as defined in TSO–C166b
(including Section 2 of RTCA DO–260B,
as referenced in TSO–C166b), TSO–
C166c (including Section 2 of RTCA
DO–260C as modified by DO–260C—
Change 1, as referenced in TSO–C166c),
TSO–C154c (including Section 2 of
RTCA DO–282B, as referenced in TSO–
C154c), or TSO–C154d (including
Section 2 of RTCA DO–282C, as
referenced in TSO–C154d). The pilot
must enter information for message
elements listed in paragraphs (d)(7)
through (10) of this section during the
appropriate phase of flight.
*
*
*
*
*
(5) An indication if a collision
avoidance system is installed and
operating in a mode that can generate
resolution advisory alerts;
(6) If an operable collision avoidance
system is installed, an indication if a
resolution advisory is in effect;
(7) An indication of the Mode A
transponder code specified by ATC;
(8) An indication of the aircraft
identification that is submitted on the
flight plan or used for communicating
with ATC, except when the pilot has not
filed a flight plan, has not requested
ATC services, and is using a TSO–C154c
or TSO–C154d self-assigned temporary
24-bit address;
*
*
*
*
*
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15:56 Oct 16, 2023
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(11) An indication of the aircraft
assigned ICAO 24-bit address, except
when the pilot has not filed a flight
plan, has not requested ATC services,
and is using a TSO–C154c or TSO–
C154d self-assigned temporary 24-bit
address;
*
*
*
*
*
(13) An indication of whether an
ADS–B In capability is available;
*
*
*
*
*
(g) Incorporation by reference. The
standards required in this section are
incorporated by reference with the
approval of the Director of the Office of
the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. This
incorporation by reference (IBR)
material is available for inspection at
the FAA and the National Archives and
Records Administration (NARA).
Contact the FAA at: Office of
Rulemaking (ARM–1), 800
Independence Avenue SW, Washington,
DC 20590 (telephone 202–267–9677).
For information on the availability of
this material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. This material is
also available from the following
sources indicated in this paragraph (g).
(1) U.S. Department of Transportation,
Subsequent Distribution Office, DOT
Warehouse M30, Ardmore East Business
Center, 3341 Q 75th Avenue, Landover,
MD 20785; telephone (301) 322–5377;
website: www.faa.gov/aircraft/air_cert/
design_approvals/tso/ (select the link
‘‘Search Technical Standard Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Frequency of 978 MHz, December 2,
2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Radio Frequency of 978 Megahertz
(MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036;
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
telephone (202) 833–9339; website:
www.rtca.org/products.
(i) RTCA DO–260B, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 17,
2020.
(iii) RTCA DO–260C, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Change 1,
January 25, 2022.
(iv) RTCA DO–282B, Minimum
Operational Performance Standards for
Universal Access Transceiver (UAT)
Automatic Dependent SurveillanceBroadcast (ADS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum
Operational Performance Standards
(MOPS) for Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B), Section 2, Equipment
Performance Requirements and Test
Procedures, June 23, 2022.
Issued under authority provided by 49
U.S.C. 106(f), 40103, and 44701, in
Washington, DC.
Polly E. Trottenberg,
Acting Administrator.
[FR Doc. 2023–22710 Filed 10–16–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 231010–0244]
RIN 0694–AJ39
Existing Validated End-User
Authorizations in the People’s
Republic of China: Samsung China
Semiconductor Co. Ltd. and SK Hynix
Semiconductor (China) Ltd.
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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]]>Agencies
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71468-71478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22710]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 43 and 91
[Docket No. FAA-2023-1836; Amdt. Nos. 43-53 and 91-371]
RIN 2120-AL70
Inclusion of Additional Automatic Dependent Surveillance-
Broadcast (ADS-B) Out Technical Standard Orders; Incorporation by
Reference
AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rulemaking amends the Automatic Dependent Surveillance-
Broadcast (ADS-B) Out requirements to allow aircraft meeting the
performance requirements in Technical Standard Order (TSO)-C166c
(Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-B)
and Traffic Information Service-Broadcast (TIS-B) Equipment Operating
on the Radio Frequency of 1090 Megahertz (MHz)), or TSO-C154d,
(Universal Access Transceiver (UAT) ADS-B Equipment Operating on the
Radio Frequency of 978 Megahertz (MHz)) to meet the regulations.
Aircraft equipped with
[[Page 71469]]
ADS-B Out that meets the performance requirements of either TSO-C166c
or TSO-C154d will provide additional information to pilots and air
traffic control, including weather information, spectrum monitoring,
and airspeed. They will also enable new wake turbulence applications,
enhance weather forecasting, and enable or enhance ADS-B In
applications such as Flight Interval Management.
DATES: This direct final rule is effective December 18, 2023.
Send comments on or before November 16, 2023. If the FAA receives
an adverse comment, the FAA will advise the public by publishing a
document in the Federal Register before the effective date of this
direct final rule. That document may withdraw the direct final rule in
whole or in part.
Incorporation by reference: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Office of the Federal Register as of December 18, 2023. The
incorporation by reference of certain other publications listed in this
rule was approved by the Director of the Office of the Federal Register
as of August 11, 2010.
ADDRESSES: Send comments identified by docket number FAA-2023-1836
using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Juan Sebastian Yanguas, Airspace Rules
& Regulations, AJV-P21, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-8783;
email [email protected].
SUPPLEMENTARY INFORMATION:
List of Abbreviations and Acronyms Frequently Used in This Document
ADS-B--Automatic Dependent Surveillance-Broadcast
ATC--Air Traffic Control
ICAO--International Civil Aviation Organization
MHz--Megahertz
MOPS--Minimum Operating Performance Standards
NTSB--National Transportation Safety Board
TCAS--Traffic Collision Avoidance System
TIS-B--Traffic Information Service-Broadcast
TSO--Technical Standard Order
UAT--Universal Access Transceiver
I. Executive Summary
As of January 1, 2020, Federal Aviation Administration (FAA)
regulations, codified in title 14 Code of Federal Regulations (14 CFR),
Sec. Sec. 91.225 and 91.227, require aircraft to equip with Automatic
Dependent Surveillance-Broadcast (ADS-B) Out to operate in expressly
identified airspace areas.\1\ ADS-B Out equipment must meet the
performance requirements in Sec. 91.227 along with those in Technical
Standard Orders (TSO)-C166b or TSO-C154c. This rulemaking revises
Sec. Sec. 91.225 and 91.227 to allow aircraft with equipment that
meets the performance requirements in the new TSOs, TSO-C166c and TSO-
C154d, to also operate in compliance with the regulations.
Specifically, to allow use of these new TSOs, the FAA is incorporating
by reference TSO-C166c, TSO-C154d, section 2 of RTCA DO-260C, RTCA DO-
260C Change 1, and section 2 of RTCA DO-282C into 14 CFR 91.225 and
91.227. Brief summaries of each document being incorporated by
reference can be found in section IV.B. of this preamble. These new
performance requirements enable new wake turbulence applications,
incorporate functionality for high-altitude and high-velocity vehicles,
and enhance weather forecasting. The addition of TSO-C166c and TSO-
C154d to the list of permitted TSOs will not negatively affect current
users because TSO-C166b and TSO-C154c will remain as acceptable
performance requirements.
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\1\ Section 91.225(h), as redesignated in this rule, requires
unmanned aircraft (UA) to equip with ADS-B Out and broadcast when
they are operating under a flight plan and in two-way radio
communication with air traffic control (ATC). The ADS-B Out
equipment must meet the performance requirements in Sec. 91.227
along with those in TSO-C166b or TSO-C154c. Section 91.225(h), as
redesignated in this rule, is updated to include the two new TSOs.
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This rulemaking also makes minor changes to other regulatory
sections of part 91. It revises Sec. 91.215 to remove the requirement
that transponders reply to intermode interrogations, as International
Civil Aviation Organization (ICAO) prohibited those replies in ICAO
Annex 10 Volume IV Standards and Recommended Practices and new
transponder certifications do not include the capability to reply to
intermode interrogations. This rulemaking also removes the requirement
in part 43, appendix F, to verify response to an intermode
interrogation.
II. Direct Final Rule
An agency typically uses direct final rulemaking when it
anticipates that a proposed rule is unnecessary as the rule is
considered noncontroversial.\2\ The FAA has determined that this rule
is suitable for direct final rulemaking as the rule provides an
additional means of compliance with ADS-B Out rule requirements
developed in conjunction with new industry standards. This amendment
will not impose any additional burden on operators whose aircraft are
currently equipped with ADS-B Out equipment meeting the performance
requirements of TSO-C166b or TSO-C154c. Additionally, this change will
increase the ADS-B Out rule compliance options with additional
collateral benefits such as new wake turbulence applications, increased
functionality for high-altitude and high-velocity vehicles, and
enhanced weather forecasting. Moreover, the FAA previously published
the TSOs being incorporated by reference in this direct final rule for
public comment and addressed the comments received.\3\ Any remaining
changes adopted by this rulemaking are technical, clarifying, or
conforming with current legal interpretations or international
requirements. As such, the FAA has determined that this rule is
suitable for direct final rulemaking as these changes are
noncontroversial.
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\2\ 14 CFR 11.13.
\3\ The published TSOs and the adjudication of all public
comments received for TSO-C166c and TSO-C154d can be found alongside
each TSO in the FAA Dynamic Regulatory System (refer to https://drs.faa.gov).
---------------------------------------------------------------------------
The FAA is providing notice and seeking comment prior to
effectuating changes to the regulation.\4\ If the FAA
[[Page 71470]]
receives an adverse comment during the comment period, the FAA will
advise the public by publishing a document in the Federal Register
before the effective date of the direct final rule. This document may
withdraw the direct final rule in whole or in part. If the FAA
withdraws a direct final rule because of an adverse comment, the FAA
may incorporate the commenter's recommendation into another direct
final rule or may publish a notice of proposed rulemaking (NPRM).\5\
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\4\ See Adoption of Recommendations, 60 FR 43109, 43110-43111
(Aug. 18, 1995) (describing Administrative Conference of the United
States, Recommendation 95-4, Procedures for Noncontroversial and
Expedited Rulemaking).
\5\ 14 CFR 11.31(c).
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For purposes of this direct final rule, an adverse comment is one
that explains (1) why the rule is inappropriate, including challenges
to the rule's underlying premise or approach; or (2) why the direct
final rule will be ineffective or unacceptable without a change.\6\ In
determining whether an adverse comment necessitates withdrawal of this
direct final rule, the FAA will consider whether the comment raises an
issue serious enough to warrant a substantive response had it been
submitted in response to publication of an NPRM. A comment recommending
additional provisions to the rule will not be considered adverse unless
the comment explains how this direct final rule would be ineffective
without the added provisions.\7\
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\6\ 14 CFR 11.31(a).
\7\ 14 CFR 11.31(a)(1).
---------------------------------------------------------------------------
Under the direct final rule process, the FAA does not consider a
comment to be adverse if that comment recommends an amendment to a
different regulation beyond the regulation(s) in the direct final rule
at issue. The FAA also does not consider a frivolous or insubstantial
comment to be adverse.\8\
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\8\ 14 CFR 11.31(a)(1) and (2).
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If the FAA receives no adverse comments, the FAA will publish a
confirmation notification in the Federal Register, generally within 15
days after the comment period closes. The confirmation notification
announces the effective date of the rule.\9\
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\9\ 14 CFR 11.31(b).
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III. Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code (U.S.C.). Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103 (Sovereignty and use of
airspace), and subpart III, section 44701 (General requirements). Under
section 40103, the FAA is charged with prescribing regulations on the
flight of aircraft (including regulations on safe altitudes) for
navigating, protecting, and identifying aircraft, and the efficient use
of the navigable airspace. Under section 44701, the FAA is charged with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce.
This regulatory action is within the scope of both sections 40103
and 44701 because it prescribes aircraft performance requirements to
meet advanced surveillance needs to accommodate increases in national
airspace system operations. As more aircraft operate within United
States (U.S.) airspace, the FAA needs improved surveillance performance
to accommodate the increased traffic safely and efficiently.
IV. Discussion of the Direct Final Rule
Effective January 1, 2020, 14 CFR 91.225 requires aircraft
operators to comply with Sec. Sec. 91.225 and 91.227 when the aircraft
is operated in designated classes of airspace (whereas unmanned
aircraft must comply with Sec. 91.225(h), as redesignated by this
rule, when in two-way radio communication with air traffic control
(ATC) and operating under a flight plan). To comply, the ADS-B Out
equipment must meet the performance requirements of Sec. 91.227 and
either TSO-C166b or TSO-C154c.\10\ Moreover, TSO-C166b and TSO-C154c
reference and require compliance with RTCA DO-260B or RTCA DO-282B,
respectively, which are minimum operational performance standards
(MOPS).
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\10\ The following documents were incorporated by reference into
14 CFR 91.225 and 91.227 as of August 11, 2010 by the final rule,
Automatic Dependent Surveillance-Broadcast (ADS-B) Out Performance
Requirements To Support Air Traffic Control (ATC) Service, 75 FR
30159 (May 28, 2011):
Technical Standard Order (TSO)-C166b, Extended Squitter
Automatic Dependent Surveillance-Broadcast (ADS-B) and Traffic
Information Service-Broadcast (TIS-B) Equipment Operating on the
Radio Frequency of 1090 Megahertz (MHz) (Dec. 2, 2009);
TSO-C154c, Universal Access Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the
Frequency of 978 MHz (Dec. 2, 2009);
Section 2, Equipment Performance Requirements and Test
Procedures, of RTCA DO-260B, Minimum Operational Performance
Standards for 1090 MHz Extended Squitter Automatic Dependent
Surveillance-Broadcast (ADS-B) and Traffic Information Services-
Broadcast (TIS-B), December 2, 2009 (referenced in TSO-C166b); and
Section 2, Equipment Performance Requirements and Test
Procedures, of RTCA DO-282B, Minimum Operational Performance
Standards for Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS-B), December 2, 2009 (referenced in TSO-
C154c).
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Specifically, Sec. 91.225 states no person may operate an aircraft
in Class A airspace unless the aircraft has equipment installed that
meets the performance requirements in TSO-C166b and Sec. 91.227.
Additionally, no person may operate an aircraft below 18,000 feet mean
sea level and in certain airspace described in the regulation unless
the aircraft meets either the performance requirements in Sec. 91.227
and either TSO-C166b or TSO-C154c.
A TSO is a minimum performance standard for specified materials,
parts, and appliances used on civil aircraft. These standards provide
industry with the minimum requirements they must meet to certify an
ADS-B Out system. The FAA may recognize certain TSOs as a means of
compliance with regulatory requirements, or the regulation may
explicitly incorporate the TSO requirements. For Sec. Sec. 91.225 and
91.227, the FAA has specifically incorporated the TSOs into the
regulations. This process ensures a harmonized approach for equipment
functionality across equipment manufacturers.
Currently, aircraft with equipment that meet the performance
requirements in TSO-C166b or TSO-C154c are in compliance with the
regulations. This rulemaking revises Sec. Sec. 91.225 and 91.227 to
include the use of equipment compliant with TSO-C166c (Extended
Squitter Automatic Dependent Surveillance-Broadcast (ADS-B) and Traffic
Information Service-Broadcast (TIS-B) Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz)) or TSO-C154d (Universal Access
Transceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B)
Equipment Operating on the Radio Frequency of 978 Megahertz (MHz)) as
options to meet the ADS-B Out regulations. These new TSOs increase
information available (e.g., weather information or spectrum
monitoring); enable new wake turbulence applications; incorporate
functionality for high-altitude and high-velocity vehicles; and enhance
weather forecasting. They also enable and enhance ADS-B In applications
such as Flight Interval Management. These additions will not negatively
affect current users, as there is no mandate for users to change from
existing ADS-B Out rule-compliant equipment to meet the performance
requirements in TSO-C166c or TSO-C154d. Persons using equipment meeting
the performance requirements in either TSO-C166b or TSO-C154c may
continue to use that
[[Page 71471]]
equipment after the adoption of this rule.
This rulemaking also revises Sec. Sec. 91.225 and 91.227 to
clearly associate each Technical Standard Order with its associated
RTCA document. While Section 2 of RTCA DO-260B and Section 2 of RTCA
DO-282B were previously incorporated by reference into Sec. Sec.
91.225 and 91.227, they were not clearly associated with the TSOs to
which they related. With the addition of two new TSOs and three new
RTCA documents, it is important each TSO be clearly associated with its
referenced RTCA document(s).
A. Addition of TSO-C166c and TSO-C154d Performance Standards
TSO-C166c, which is a subject of this rulemaking, is largely based
on RTCA's Minimum Operating Performance Standards (MOPS) for ADS-B Out
systems. RTCA is an independent standards development organization
comprised of representatives from industry, government, associations,
and academia. Representatives from these entities collaborated on the
development of an updated standards document for ADS-B Out systems
titled RTCA DO-260C, Minimum Operational Performance Standards for 1090
MHz Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-
B) and Traffic Information Services--Broadcast (TIS-B). The same
committee subsequently published RTCA DO-260C Change 1 as a
supplemental document to correct errors and add clarifications. RTCA
made both RTCA DO-260C and RTCA DO-260C Change 1 available to the
public through the RTCA website, and the responsible committee
adjudicated all comments received.
Specifically, the FAA requires compliance with Section 2 of RTCA
DO-260C as modified by Change 1 as part of TSO-C166c. Section 2
establishes equipment performance requirements for 1090 MHz ADS-B
systems. Compliance with the TSO, including Section 2 of RTCA DO-260C
as modified by Change 1, allows industry to show the FAA that their
system is designed and manufactured as required by FAA regulations.
RTCA DO-260C as modified by Change 1, updates the previous RTCA DO-
260B performance standard to provide additional capabilities enhancing
areas such as safety, equipment performance, airspace efficiency, and
data reporting. The substantive changes from the previous MOPS include:
Changes to support ICAO requirements that Autonomous
Distress Tracking automatically provide position information at least
once per minute when in distress. Although current Sec. 91.227(c)
already requires the position information, the RTCA revision provides a
means to initiate broadcast announcing that the aircraft is in
distress.
Additional elements in ADS-B Out messages, including wind
and temperature data, to support more precise spacing of aircraft by
air traffic control (ATC). In addition, the avionics will be able to
support capability for ground radars to extract Flight Interval
Management data from the aircraft.
The broadcast of aircraft-derived weather data for
applications such as Flight Interval Management, wake vortex avoidance
and surfing, hazardous weather detection and avoidance, and aviation
weather forecasting.
The broadcast of pilot-observed weather during flight,
including temperature, wind, turbulence, and hazardous weather
information.
The broadcast of an unmanned aircraft system (UAS)/
Remotely Piloted Aircraft System (RPAS) lost link condition. In this
condition, the UAS/RPAS may broadcast its contingency plan, identifying
the course of action the UAS/RPAS is following.
Increased the reporting range of altitude and velocity to
support commercial space and hypersonic aircraft operations.
Inclusion of new capabilities for Airborne Collision
Avoidance System (ACAS)-X, Detect and Avoid (DAA), as well as future
Collision Avoidance Systems (CAS). The new capabilities include
expanded information-laying framework for future passive CAS and
alternate coordination techniques.
Improved Geometric Altitude reporting by increasing the
reportable difference between geometric and barometric altitude when
information for both is available. Additionally, minimized the
reporting of no integrity by expanding the Navigation Integrity
Category (NIC) reporting when solely geometric altitude is available.
Provisions for Phase Overlay (PO) techniques enhancing
future capacity and efficiency of the 1090 MHz frequency. PO allows for
transmission of additional data within existing ADS-B Out messages
without the need for additional messages.
Enhanced requirements for selection of transmission of
airborne or surface message formats for aircraft without an automatic
means of determining on-the-ground status (e.g., a landing gear weight
on wheels switch).
The broadcast of Interrogation/Reply Monitor data,
including measurements of transponder interrogation and reply rate
activity.
Improved emitter category classifications and descriptions
to prevent misuse by future applications.
Transmission of transponder antenna offset information
improving tracking of aircraft and vehicles operating on the airport
surface by the airport surface detection systems.
TSO-C154d, which is also the subject of this rulemaking, is largely
based on RTCA DO-282C, Minimum Operational Performance Standards (MOPS)
for Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS-B). RTCA made RTCA DO-282C available to the
public through the RTCA website, and the responsible committee
adjudicated all comments received.
Specifically, the FAA requires compliance with Section 2 of RTCA
DO-282C as part of TSO-C154d. Section 2 establishes equipment
performance requirements for UAT ADS-B systems. Compliance with the
TSO, including Section 2 of RTCA DO-282C, allows industry to show the
FAA that their system is designed and manufactured as required by FAA
regulations.
RTCA DO-282C updates the previous RTCA DO-282B performance standard
to provide additional capabilities enhancing areas such as safety,
equipment performance, airspace efficiency, and data reporting. The
substantive changes to the previous performance standard include:
Changes to support ICAO requirements that Autonomous
Distress Tracking automatically provide position information at least
once per minute when in distress. Although current Sec. 91.227(c)
already requires the position information, the RTCA revision provides a
means to initiate broadcast announcing that the aircraft is in
distress.
Additional elements in ADS-B Out messages, including wind
and temperature data, to support more precise spacing of aircraft by
ATC. In addition, the avionics will be able to support capability for
ground radars to extract Flight Interval Management data from the
aircraft.
The broadcast of aircraft-derived weather data for
applications such as Flight Interval Management, wake vortex avoidance
and surfing, hazardous weather detection and avoidance, and aviation
weather forecasting.
The broadcast of pilot-observed weather during flight,
including temperature, wind, turbulence, and hazardous weather
information.
[[Page 71472]]
The broadcast of a UAS/RPAS lost link condition. In this
condition, the UAS/RPAS may broadcast its contingency plan, identifying
the course of action the UAS/RPAS is following.
Increased the reporting range of altitude and velocity to
support commercial space and hypersonic aircraft operations.
Enhanced requirements for selection of transmission of
airborne or surface message formats for aircraft without an automatic
means of determining on-the-ground status (e.g., a landing gear weight
on wheels switch).
Improved emitter category classifications and descriptions
to prevent misuse by future applications.
This rule will allow aircraft with equipment compliant with the
performance requirements of TSO-C166c and RTCA DO-260C as modified by
Change 1, and TSO-C154d and RTCA DO-282C to operate in the airspace
areas identified in Sec. 91.225. Importantly, this rulemaking does not
impact any operators currently in compliance with Sec. Sec. 91.225 and
91.227.
Including TSO-C166c and TSO-C154d in Sec. Sec. 91.225 and 91.227
allows the use of updated technology to meet ADS-B Out requirements and
enables improvements in the ADS-B environment, such as the ability to
transmit additional data; and to include ADS-B Out for high-altitude
and high-velocity vehicles.
B. Incorporation by Reference
Incorporation by reference (IBR) is a mechanism that allows Federal
agencies to comply with the requirements of the Administrative
Procedure Act to publish rules in the Federal Register and the CFR by
referring to material published elsewhere.\11\ Material that is
incorporated by reference has the same legal status as if it were
published in full in the Federal Register and the CFR. The standards
referenced in this rule include technical information and
specifications for equipment and capabilities required to meet FAA ADS-
B Out requirements.
---------------------------------------------------------------------------
\11\ 5 U.S.C. 552(a).
---------------------------------------------------------------------------
The standards referenced in Sec. Sec. 91.225 and 91.227 of this
rule are incorporated by reference with the approval of the Director of
the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\12\ all
approved materials are available for inspection at the FAA's Office of
Rulemaking, 800 Independence Avenue SW, Washington, DC 20590 (telephone
(202) 267-9677). This material is also available from the sources
indicated in paragraphs (i)(1) and (2) of Sec. 91.225, as redesignated
by this rule, and paragraphs (g)(1) and (2) of Sec. 91.227 and as
follows:
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\12\ 5 U.S.C. 552(a) requires that matter incorporated by
reference be ``reasonably available'' as a condition of its
eligibility. Further, 1 CFR 51.5(b)(2) requires that agencies
seeking to incorporate material by reference discuss in the preamble
of the final rule the ways that the material it is incorporating by
reference is reasonably available to interested parties and how
interested parties can obtain the material.
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1. Copies of the following Technical Standard Orders (TSOs) may be
obtained from the U.S. Department of Transportation, Subsequent
Distribution Office, DOT Warehouse M30, Ardmore East Business Center,
3341 Q 75th Avenue, Landover, MD 20785; telephone (301) 322-5377.
Copies are also available on the FAA's website at www.faa.gov/aircraft/air_cert/design_approvals/tso/. Select the link ``Search Technical
Standard Orders.''
a. TSO-C166c, Extended Squitter Automatic Dependent Surveillance-
Broadcast (ADS-B) and Traffic Information Service--Broadcast (TIS-B)
Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz)
(March 10, 2023);
i. This TSO contains the minimum performance standards that 1090
MHz ADS-B and TIS-B equipment must meet for approval and identification
with the applicable TSO marking.
b. TSO-C154d, Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS-B) Equipment Operating on the Radio
Frequency of 978 Megahertz (MHz) (March 10, 2023).
i. This TSO contains the minimum performance standards that UAT
ADS-B equipment and/or UAT diplexers must meet for approval and
identification with the applicable TSO marking.
2. Copies of the following documents may be obtained from RTCA,
Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036, telephone
(202) 833-9339. Copies are also available on the RTCA Inc. Website at
https://www.rtca.org/products.
a. RTCA DO-260C, Minimum Operational Performance Standards for 1090
MHz Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-
B) and Traffic Information Services-Broadcast (TIS-B), Section 2,
Equipment Performance Requirements and Test Procedures, December 17,
2020; and Minimum Operational Performance Standards for 1090 MHz
Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-B)
and Traffic Information Services-Broadcast (TIS-B) Change 1, January
25, 2022 (referenced in TSO-C166c);
i. Section 2 of RTCA DO-260C contains the equipment performance
requirements and test procedures for 1090 MHz ADS-B and TIS-B
equipment.
ii. DO-260C Change 1 contains updates, corrections, and additional
material to support the implementation of RTCA DO-260C.
b. RTCA DO-282C, Minimum Operational Performance Standards (MOPS)
for Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS B), Section 2, Equipment Performance
Requirements and Test Procedures, June 23, 2022 (referenced in TSO-
C154d).
i. Section 2 of RTCA DO-282C contains the equipment performance
requirements and test procedures for UAT ADS-B equipment.
The following standards appear in the amendatory text of this
document and were previously approved for the locations in which they
appear: TSO-C166b, TSO-C154c, RTCA DO-260B, Section 2, and RTCA DO-
282B, Section 2.
C. Advisory Circulars Updated as Part of This Rulemaking
As part of this rulemaking, the FAA is updating FAA Advisory
Circular (AC) 90-114B, Automatic Dependent Surveillance--Broadcast
Operations, to modify references to the TSOs listed for ADS-B Out
equipment that complies with title 14 of the Code of Federal
Regulations part 91, Sec. Sec. 91.225 and 91.227.
D. Miscellaneous Amendments
This rule also includes a number of minor miscellaneous changes to
Sec. Sec. 91.215, 91.225, and 91.227 to incorporate updated ICAO
requirements, clarify ambiguities identified in past requests for legal
interpretations, clarify vague requirements, correct previous
typographical errors, change a physical location address, and ensure
valid website links.
The FAA amends Sec. Sec. 91.215 and 91.227 by replacing the term
``Mode 3/A'' with ``Mode A'' in both Sec. 91.215(b) and Sec.
91.227(d)(7). Mode A is a civilian mode intended to elicit transponder
replies for identity and surveillance. Mode 3 is a military mode also
used to elicit transponder replies for identity and surveillance. Mode
3 contains all the functionality of Mode A along with additional
military-specific capability. For this reason, the military community
[[Page 71473]]
often uses the term ``Mode 3/A,'' a term the civil community does not
widely use. This editorial change will properly emphasize that the
regulation requires the Mode A functionality and not the military-
specific functionality of Mode 3. In addition, using the term Mode A is
consistent with the language used by ICAO and RTCA documents.
This rule also removes the requirement in Sec. 91.215(b) to reply
to intermode interrogations, and removes the requirement in part 43,
appendix F, to verify response to an intermode interrogation.
Currently, Sec. 91.215(b) requires aircraft equipped with a Mode S
capability to reply ``to Mode 3/A interrogations with the code
specified by ATC and intermode and Mode S interrogations in accordance
with the applicable provisions specified in TSO C-112.'' Additionally,
part 43, appendix F, paragraph (h), requires verification that an ATC
transponder respond to an Air Traffic Control Radar Beacon System
(ATCRBS)/Mode S all-call interrogation. ICAO Annex 10 Volume IV
establishes two types of intermode interrogations: Mode A/C/S all-call
and Mode A/C-only all-call. Mode A/C/S all-call interrogations were
designed to produce a Mode S reply in Mode S capable transponders and a
Mode A or C reply in non-Mode S capable transponders. Mode A/C-only
all-call interrogations were designed to not produce a reply by Mode S
capable transponders and to produce a Mode A or C reply in non-Mode S
transponders. Therefore, the only type of intermode interrogation that
a Mode S transponder was intended to reply to per Sec. 91.215(b) was a
Mode A/C/S all-call interrogation. However, ICAO now prohibits replies
to Mode A/C/S all-call interrogations in new equipment
certifications.\13\ Mode A/C/S all-call interrogations were never
implemented in U.S. ground radar systems, but the inclusion of this
capability within existing transponders led to an increase in what is
known as False Replies Un-synchronized In Time (FRUIT). Radio Frequency
(RF) propagation effects often result in a Mode A/C-only all-call
interrogation appearing to be a Mode A/C/S all-call interrogation at
the receiver of a transponder. When a Mode S transponder decodes a Mode
A/C/S all-call interrogation, an undesired reply is transmitted by the
transponder, resulting in the increase of FRUIT. Removal of the
requirement to reply to intermode interrogations ensures compliance
with ICAO requirements and reduces the number of unsolicited replies,
thus reducing 1090 MHz spectrum congestion. RTCA DO-181F, referenced by
TSO-C112f, also prohibits Mode S transponders from responding to Mode
A/C/S all-call interrogations. Equipment certified to TSO-C112 versions
prior to TSO-C112f will retain the capability to reply to Mode A/C/S
all-call interrogations and will continue to be compliant with Sec.
91.215(b).
---------------------------------------------------------------------------
\13\ See ICAO Annex 10 Vol IV sec. 3.1.2.4.1.3.2.1.
---------------------------------------------------------------------------
Accordingly, this rule removes the requirement in 14 CFR part 43,
appendix F, paragraph (h), to verify response to an intermode
interrogation, specifically the ATCRBS/Mode S all-call formats (1.6
microsecond P4 pulse), which is another name for the Mode A/C/S all-
call interrogation. This conforming amendment aligns the inspection and
test requirements in part 43 with the ICAO prohibition to reply to Mode
A/C/S all-call interrogations.
This rule also amends part 43, appendix F, paragraph (j), which
requires verification that the Mode S transponder generates a correct
squitter approximately once per second, by clarifying the squitter is
an acquisition squitter.
Additionally, the FAA amends Sec. 91.225(e) by adding the term
``engine-driven'' before ``electrical system.'' This amendment will
clarify that the relief described in Sec. 91.225 applies to aircraft
whose electrical system was not originally or subsequently certificated
to be powered by the aircraft's engine. This rephrasing is consistent
with the phrase used in Sec. 91.215(b)(3) to describe the same
category of aircraft. The difference in language has led to confusion
among regulated entities, as evidenced by the FAA's legal
interpretation sent to David Schober on January 5, 2017.\14\ Mr.
Schober requested clarification on the applicability of Sec. 91.225(e)
to aircraft that had not been originally certificated with an
electrical system but which have subsequently had batteries or electric
starters installed. The FAA determined that the intent of the language
was to cover the same types of aircraft as in the transponder
regulation. This amendment will make it clear that both regulatory
provisions refer to the same category of aircraft.
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\14\ Available at https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations.
---------------------------------------------------------------------------
The FAA is revising the definitions for ``Navigation Accuracy
Category for Position (NACP)'', ``Navigation Accuracy Category for
Velocity (NACV)'', ``Navigation Integrity Category (NIC)'', ``Source
Integrity Level (SIL)'', and ``System Design Assurance (SDA)'' in Sec.
91.227(a) to remove the references to TSO-C166b and TSO-C154c. The FAA
has determined that including references to these standards in the
definitions themselves is unnecessary and could lead to confusion as
more Technical Standard Orders are added to this regulation. The FAA
notes that references to the Technical Standard Orders appear in the
actual regulatory requirements of Sec. 91.227.
Further, the FAA also amends the way it describes the System Design
Assurance (SDA) reporting requirements in Sec. 91.227(c)(1)(iv) and
the Source Integrity Level (SIL) reporting requirement in Sec.
91.227(c)(1)(v) without changing the underlying substantive requirement
itself. Under the FAA's current regulation, the FAA codified numerical
values used by RTCA to represent probability values. That is, per DO-
260B, an SDA value of 2 represents ``the probability of a position
transmission chain fault causing false or misleading position
information to be transmitted'' to be <=1 x 10-5 per flight
hour. This action revises Sec. 91.227(c)(1)(iv) to require an SDA of
<=1 x 10-5 per flight hour instead of the equivalent RTCA
DO-260B value of 2. A SIL of 3 represents ``the probability of the
reported horizontal position exceeding the radius of containment
(RC) defined by the NIC, without alerting, assuming no
avionics faults'' to be <=1 x 10-7 per flight hour or per
sample. Therefore, Sec. 91.227(c)(1)(v) will require a SIL value of
<=1 x 10-7 per flight hour or per sample instead of the
equivalent RTCA DO-260B value of 3. This change does not alter the
underlying performance requirements. Instead, it codifies the actual
probability requirement rather than the equivalent conversion used by
RTCA DO-260B. This editorial change makes the regulation's performance
requirements clear within the regulation without having to consult RTCA
DO-260B. It also ensures that this performance standard remains
constant in case RTCA revises SDA and SIL.
Additionally, this rule amends Sec. 91.227(d)(13) to conform to
the FAA's intent that the element indicate that the aircraft has the
capability to receive ADS-B In services, not necessarily that this
capability be installed. The revised regulatory text will replace the
current word ``installed'' with the word ``available.'' After the
amendment's effective date, Sec. 91.227(d)(13) will require ``[a]n
indication of whether ADS-B In capability is available.'' The FAA
became aware of the confusion after John D. Collins' September 20, 2012
letter requesting an interpretation
[[Page 71474]]
of Sec. 91.227(d)(13).\15\ Mr. Collins explained that some aircraft
operators use portable ADS-B In receivers without installing the
equipment. By using the word ``installed'' in the regulatory language,
some aircraft operators and installers believed that an aircraft could
not indicate ADS-B In capability if the appropriate equipment was not
physically installed on the aircraft.
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\15\ Available at www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations.
---------------------------------------------------------------------------
Per the preamble to the Automatic Dependent Surveillance-Broadcast
(ADS-B) Out Performance Requirements to Support Air Traffic Control
(ATC) Service published on May 28, 2010,\16\ the ADS-B In capability is
meant to provide ADS-B ground stations with an indication of what, if
any, FAA ADS-B services should be provided to the aircraft. In a legal
interpretation sent to John D. Collins on August 23, 2013, the FAA
explained that the intent was for this message element to indicate that
the aircraft has the capability to receive ADS-B In services, not
necessarily that this capability is installed. Therefore, this change
clarifies that aircraft are to indicate that ADS-B reception capability
is available, even if the system receiving the data is not installed on
the aircraft. The FAA ground stations will provide ADS-B In services to
all eligible aircraft indicating an ADS-B In capability.
---------------------------------------------------------------------------
\16\ 75 FR 30159.
---------------------------------------------------------------------------
The FAA also clarifies Sec. 91.227(d)(5) by revising ``TCAS II or
ACAS'' to ``collision avoidance system.'' While the FAA often uses the
term TCAS in various rules and regulations, other nations and ICAO
generally use the term ACAS. For this reason, Sec. 91.227 used the
term ``TCAS II or ACAS'' in an attempt to reduce confusion. Since the
initial publication of Sec. 91.227, the FAA published a new TSO (TSO-
C219) for an additional collision avoidance system: ACAS Xa/Xo. TSO-
C219 was published by the FAA on February 28, 2020.\17\ Additionally,
various other collision avoidance systems are currently in development.
Due to the long-standing confusion with the terminology, RTCA, ICAO,
and international regulators all use the generic term ``collision
avoidance system (CAS).'' This editorial change provides enhanced
clarity but does not alter the existing broadcast requirements.
---------------------------------------------------------------------------
\17\ Available at https://drs.faa.gov/browse.
---------------------------------------------------------------------------
Further, the FAA clarifies Sec. 91.227(d)(8) by changing the
required broadcast information from ``an indication of the aircraft's
call sign that is submitted on the flight plan, or the aircraft's
registration number'' to ``an indication of the aircraft identification
that is submitted on the flight plan or used for communicating with
ATC.'' The change will clarify, not alter, the substantive meaning of
the paragraph. On July 27, 2017, the FAA sent an internal request for
legal interpretation of Sec. 91.225(d)(8). Some manufacturers and
operators interpreted the existing language to mean that the aircraft
registration number could be programmed into the aircraft
identification field of the ADS-B avionics and yet a different aircraft
call sign could be filled in the flight plan. The FAA legal
interpretation sent to Jere Hayslett on August 3, 2017, stated that in
the preamble to the final rule, to satisfy Sec. 91.227(d)(8) a pilot
would have to provide the same call sign on their flight plan as they
transmit out using ADS-B to avoid ATC confusion. This amendment makes
clear that the aircraft identification included on the flight plan must
match the aircraft identification transmitted via ADS-B Out.
Furthermore, the change also clarifies that for those aircraft that do
not file a flight plan, the aircraft identification transmitted via
ADS-B Out must match the aircraft identification used for communicating
with ATC and ensures ATC can correlate flight plan information with
information displayed on the radar display.
In addition, the FAA is undertaking the following purely clerical
changes:
Corrects typographical errors in Sec. Sec. 91.225(i)(1),
as redesignated by this rule, and 91.227(c) and (g)(1) and (2). These
include removing of extra spaces, correcting capitalizations, and
correcting placement of dash marks.
Updates website addresses in Sec. Sec. 91.225(i)
introductory text and (i)(1) and (2), as redesignated by this rule, and
91.227(g) introductory text and (g)(1) and (2).
Updates the RTCA physical address in Sec. Sec.
91.225(i)(2), as redesignated by this rule, and 91.227(g)(2).
V. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined that this rule
has benefits that justify its costs; is not significant as defined in
section 3(f)(1) of Executive Order 12866; will not have a significant
economic impact on a substantial number of small entities; will not
create unnecessary obstacles to the foreign commerce of the United
States; and, will not impose an unfunded mandate on State, local, or
tribal governments, or on the private sector.
A. Regulatory Evaluation
ADS-B enhances safety and efficiency and directly benefits pilots,
controllers, airports, airlines, and the public. This rule enables
additional features of ADS-B Out as an option to meet all ADS-B
requirements by revising Sec. Sec. 91.225 and 91.227. Since this
direct final rule maintains the performance standards by providing
aircraft operators the option, on a voluntary basis, to implement
additional features into the ADS-B equipment, the direct final rule
will not incur any costs to the operators and the public. Revising
Sec. 91.215 adds no new cost to the public because it removes the
requirement to support a capability that has no operational use. By
increasing the information available, enabling new wake turbulence
applications, incorporating functionality for high-altitude and high-
velocity vehicles, and enhancing weather forecasting, this direct final
rule has unquantifiable benefits to aircraft operators.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA), Public Law 96-354, (5 U.S.C.
601-612),
[[Page 71475]]
as amended by the Small Business Regulatory Enforcement Fairness Act
(Pub. L. 104-121) and the Small Business Jobs Act (Pub. L. 111-240),
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
Agencies must perform a review to determine whether a rulemaking
would have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify, and a regulatory flexibility analysis is not required.
This direct final rule adds an option for aircraft operators to
incorporate additional features into ADS-B equipment described in
Sec. Sec. 91.225 and 91.227 and allows for the removal of an unused
capability in Sec. 91.215. This direct final rule will not require
additional reporting, recordkeeping, and other compliances for small
businesses.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this direct final rule does not result in a significant
economic impact on a substantial number of small entities.
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, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this rule and determined that it will
impose no costs on either domestic or international entities and thus
has a neutral trade impact.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $177.0 million in lieu of $100
million.
This rule does not contain such a mandate. Therefore, the
requirements of title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this direct final rule.
F. International Compatibility and Cooperation
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 (SARPs) to the maximum extent practicable. ICAO
plans to update its current SARPs to reflect harmonized changes to both
RTCA and EUROCAE minimum performance standards, as appropriate, for
ADS-B Out operations. The FAA also will continue to work with the
international community to ensure harmonization.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this direct final rule under the principles
and criteria of Executive Order 13132, Federalism. The agency
determined that this action will not have a substantial direct effect
on the States, or 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, does not have
federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this direct final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use. The agency has determined that this rule
is not a ``significant energy action'' under the Executive order and
the rule is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, International Cooperation
Executive Order 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. The FAA analyzed
this action under the policies and agency responsibilities of Executive
Order 13609 and has determined that this action would have no effect on
international regulatory cooperation.
VII. Additional Information
A. Comments Invited
The 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 send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
The 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,
the FAA will consider all
[[Page 71476]]
comments it receives on or before the closing date for comments. The
agency may change this rule in light of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
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 direct final 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 direct final rule, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this direct
final rule. Submissions containing CBI should be sent to the person in
the FOR FURTHER INFORMATION CONTACT section of this document. Any
commentary that the FAA receives which 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 direct final rule, all comments received, any
confirmation document, and all background material may be viewed online
at https://www.regulations.gov using the docket number listed above. A
copy of this direct final 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 https://www.federalregister.gov and the
Government Publishing Office's website at https://www.govinfo.gov. A
copy may also be found on the FAA's Regulations and Policies website at
https://www.faa.gov/regulations_policies.
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.
Interested persons must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this 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 the 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 https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 91
Air traffic control, Aircraft, Airports, Aviation safety,
Incorporation by reference, Transportation.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
0
1. The authority citation for part 43 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105,
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. Amend appendix F to part 43 by revising paragraphs (h) and (j) to
read as follows:
Appendix F to Part 43--ATC Transponder Tests and Inspections
* * * * *
(h) Mode S All-Call Interrogations: Interrogate the Mode S
transponder with the Mode S-only all-call format UF = 11 and verify
that the correct address and capability are reported in the replies
(downlink format DF = 11).
* * * * *
(j) Squitter: Verify that the Mode S transponder generates a
correct acquisition squitter approximately once per second.
* * * * *
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), 106(g), 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
4. Amend Sec. 91.215 by revising the introductory text of paragraph
(b) to read as follows:
Sec. 91.215 ATC transponder and altitude reporting equipment and use.
* * * * *
(b) All airspace. Unless otherwise authorized or directed by ATC,
and except as provided in paragraph (e)(1) of this section, no person
may operate an aircraft in the airspace described in paragraphs (b)(1)
through (5) of this section, unless that aircraft is equipped with an
operable coded radar beacon transponder having either Mode A 4096 code
capability, replying to Mode A interrogations with the code specified
by ATC, or a Mode S capability, replying to Mode A interrogations with
the code specified by ATC and Mode S interrogations in accordance with
the applicable provisions specified in TSO-C112, and that aircraft is
equipped with automatic pressure altitude reporting equipment having a
Mode C capability that automatically replies to Mode C interrogations
by transmitting pressure altitude information in 100-foot increments.
The requirements of this paragraph (b) apply to--
* * * * *
0
5. Amend Sec. 91.225 by:
0
a. Revising paragraphs (a)(1), (b), and (e) introductory text.
0
b. Redesignating paragraphs (h) and (i) as set out in the following
redesignation table.
------------------------------------------------------------------------
Old paragraph New paragraph
------------------------------------------------------------------------
paragraph (h)............................. paragraph (i).
paragraph (i)............................. paragraph (h).
------------------------------------------------------------------------
0
c. Revising newly redesignated paragraphs (h)(1)(i) and (i).
The revisions read as follows:
Sec. 91.225 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment and use.
(a) * * *
[[Page 71477]]
(1) Meets the performance requirements in-
(i) TSO-C166b and Section 2 of RTCA DO-260B (as referenced in TSO-
C166b); or
(ii) TSO-C166c and Section 2 of RTCA DO-260C as modified by DO-
260C--Change 1 (as referenced in TSO-C166c); and
* * * * *
(b) After January 1, 2020, except as prohibited in paragraph (h)(2)
of this section or unless otherwise authorized by ATC, no person may
operate an aircraft below 18,000 feet MSL and in airspace described in
paragraph (d) of this section unless the aircraft has equipment
installed that--
(1) Meets the performance requirements in--
(i) TSO-C166b and Section 2 of RTCA DO-260B (as referenced in TSO-
C166b);
(ii) TSO-C166c and Section 2 of RTCA DO-260C as modified by DO-
260C--Change 1 (as referenced in TSO-C166c);
(iii) TSO-C154c and Section 2 of RTCA DO-282B (as referenced in
TSO-C154c); or
(iv) TSO-C154d and Section 2 of RTCA DO-282C (as referenced in TSO-
C154d);
(2) Meets the requirements of Sec. 91.227.
* * * * *
(e) The requirements of paragraph (b) of this section do not apply
to any aircraft that was not originally certificated with an engine-
driven electrical system, or that has not subsequently been certified
with such a system installed, including balloons and gliders. These
aircraft may conduct operations without ADS-B Out in the airspace
specified in paragraph (d)(4) of this section. These aircraft may also
conduct operations in the airspace specified in paragraph (d)(2) of
this section if those operations are conducted--
* * * * *
(h) * * *
(1) * * *
(i) That aircraft has equipment installed that meets the
performance requirements in TSO-C166b (including Section 2 of RTCA DO-
260B, as referenced in TSO-C166b), TSO-C166c (including Section 2 of
RTCA DO-260C as modified by DO-260C--Change 1, as referenced in TSO-
C166c), TSO-C154c (including Section 2 of RTCA DO-282B, as referenced
in TSO-C154c), or TSO-C154d (including Section 2 of RTCA DO-282C, as
referenced in TSO-C154d); and
* * * * *
(i) The standards required in this section are incorporated by
reference with the approval of the Director of the Office of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This
incorporation by reference (IBR) material is available for inspection
at the FAA and the National Archives and Records Administration (NARA).
Contact the FAA at: Office of Rulemaking (ARM-1), 800 Independence
Avenue SW, Washington, DC 20590 (telephone 202-267-9677). For
information on the availability of this material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. This material is also available from the
following sources in this paragraph (i).
(1) U.S. Department of Transportation, Subsequent Distribution
Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th
Avenue, Landover, MD 20785; telephone (301) 322-5377; website:
www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link
``Search Technical Standard Orders'').
(i) TSO-C166b, Extended Squitter Automatic Dependent Surveillance-
Broadcast (ADS-B) and Traffic Information Service-Broadcast (TIS-B)
Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO-C166c, Extended Squitter Automatic Dependent Surveillance-
Broadcast (ADS-B) and Traffic Information Service-Broadcast (TIS-B)
Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO-C154c, Universal Access Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the
Frequency of 978 MHz, December 2, 2009.
(iv) TSO-C154d, Universal Access Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the
Radio Frequency of 978 Megahertz (MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036;
telephone (202) 833-9339; website: www.rtca.org/products.
(i) RTCA DO-260B, Minimum Operational Performance Standards for
1090 MHz Extended Squitter Automatic Dependent Surveillance-Broadcast
(ADS-B) and Traffic Information Services-Broadcast (TIS-B), Section 2,
Equipment Performance Requirements and Test Procedures, December 2,
2009.
(ii) RTCA DO-260C, Minimum Operational Performance Standards for
1090 MHz Extended Squitter Automatic Dependent Surveillance-Broadcast
(ADS-B) and Traffic Information Services-Broadcast (TIS-B), Section 2,
Equipment Performance Requirements and Test Procedures, December 17,
2020.
(iii) RTCA DO-260C, Minimum Operational Performance Standards for
1090 MHz Extended Squitter Automatic Dependent Surveillance--Broadcast
(ADS-B) and Traffic Information Services--Broadcast (TIS-B), Change 1,
January 25, 2022.
(iv) RTCA DO-282B, Minimum Operational Performance Standards for
Universal Access Transceiver (UAT) Automatic Dependent Surveillance-
Broadcast (ADS-B), Section 2, Equipment Performance Requirements and
Test Procedures, December 2, 2009.
(v) RTCA DO-282C, Minimum Operational Performance Standards (MOPS)
for Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS-B), Section 2, Equipment Performance
Requirements and Test Procedures, June 23, 2022.
0
6. Amend Sec. 91.227 by:
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a. In paragraph (a), revising definitions for ``Navigation Accuracy
Category for Position (NACP)'', ``Navigation Accuracy
Category for Velocity (NACV)'', ``Navigation Integrity
Category (NIC)'', ``Source Integrity Level (SIL)'', and ``System Design
Assurance (SDA)''; and
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b. Revising paragraphs (b)(1), (b)(2)(i) and (ii), (c)(1)(iv) and (v),
(d) introductory text, (d)(5) through (8), (11), and (13), and (g).
The revisions read as follows:
Sec. 91.227 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment performance requirements.
(a) * * *
Navigation Accuracy Category for Position (NACP) specifies the
accuracy of a reported aircraft's position.
Navigation Accuracy Category for Velocity (NACV) specifies the
accuracy of a reported aircraft's velocity.
Navigation Integrity Category (NIC) specifies an integrity
containment radius around an aircraft's reported position.
* * * * *
Source Integrity Level (SIL) indicates the probability of the
reported horizontal position exceeding the containment radius defined
by the NIC on a per sample or per hour basis.
System Design Assurance (SDA) indicates the probability of an
aircraft malfunction causing false or misleading information to be
transmitted.
* * * * *
(b) * * *
(1) Aircraft operating in Class A airspace must have equipment
installed
[[Page 71478]]
that meets the antenna and power output requirements of Class A1S, A1,
A2, A3, B1S, or B1 equipment as defined in TSO-C166b and Section 2 of
RTCA DO-260B (as referenced in TSO-C166b), or TSO-C166c and Section 2
of RTCA DO-260C as modified by DO-260C--Change 1 (as referenced in TSO-
C166c).
(2) * * *
(i) Class A1S, A1, A2, A3, B1S, or B1 as defined in TSO-C166b and
Section 2 of RTCA DO-260B (as referenced in TSO-C166b) or TSO-C166c and
Section 2 of RTCA DO-260C as modified by DO-260C--Change 1 (as
referenced in TSO-C166c); or
(ii) Class A1S, A1H, A2, A3, B1S, or B1 equipment as defined in
TSO-C154c and Section 2 of RTCA DO-282B (as referenced in TSO-C154c),
or TSO-C154d and Section 2 of RTCA DO-282C (as referenced in TSO-
C154d).
(c) * * *
(1) * * *
(iv) The aircraft's SDA must be less than or equal to
10-5 per flight hour; and
(v) The aircraft's SIL must be less than or equal to
10-7 per flight hour or per sample.
* * * * *
(d) Minimum Broadcast Message Element Set for ADS-B Out. Each
aircraft must broadcast the following information, as defined in TSO-
C166b (including Section 2 of RTCA DO-260B, as referenced in TSO-
C166b), TSO-C166c (including Section 2 of RTCA DO-260C as modified by
DO-260C--Change 1, as referenced in TSO-C166c), TSO-C154c (including
Section 2 of RTCA DO-282B, as referenced in TSO-C154c), or TSO-C154d
(including Section 2 of RTCA DO-282C, as referenced in TSO-C154d). The
pilot must enter information for message elements listed in paragraphs
(d)(7) through (10) of this section during the appropriate phase of
flight.
* * * * *
(5) An indication if a collision avoidance system is installed and
operating in a mode that can generate resolution advisory alerts;
(6) If an operable collision avoidance system is installed, an
indication if a resolution advisory is in effect;
(7) An indication of the Mode A transponder code specified by ATC;
(8) An indication of the aircraft identification that is submitted
on the flight plan or used for communicating with ATC, except when the
pilot has not filed a flight plan, has not requested ATC services, and
is using a TSO-C154c or TSO-C154d self-assigned temporary 24-bit
address;
* * * * *
(11) An indication of the aircraft assigned ICAO 24-bit address,
except when the pilot has not filed a flight plan, has not requested
ATC services, and is using a TSO-C154c or TSO-C154d self-assigned
temporary 24-bit address;
* * * * *
(13) An indication of whether an ADS-B In capability is available;
* * * * *
(g) Incorporation by reference. The standards required in this
section are incorporated by reference with the approval of the Director
of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. This incorporation by reference (IBR) material is available
for inspection at the FAA and the National Archives and Records
Administration (NARA). Contact the FAA at: Office of Rulemaking (ARM-
1), 800 Independence Avenue SW, Washington, DC 20590 (telephone 202-
267-9677). For information on the availability of this material at
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or
email [email protected]. This material is also available from the
following sources indicated in this paragraph (g).
(1) U.S. Department of Transportation, Subsequent Distribution
Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th
Avenue, Landover, MD 20785; telephone (301) 322-5377; website:
www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link
``Search Technical Standard Orders'').
(i) TSO-C166b, Extended Squitter Automatic Dependent Surveillance-
Broadcast (ADS-B) and Traffic Information Service-Broadcast (TIS-B)
Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO-C166c, Extended Squitter Automatic Dependent Surveillance-
Broadcast (ADS-B) and Traffic Information Service-Broadcast (TIS-B)
Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO-C154c, Universal Access Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the
Frequency of 978 MHz, December 2, 2009.
(iv) TSO-C154d, Universal Access Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the
Radio Frequency of 978 Megahertz (MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036;
telephone (202) 833-9339; website: www.rtca.org/products.
(i) RTCA DO-260B, Minimum Operational Performance Standards for
1090 MHz Extended Squitter Automatic Dependent Surveillance-Broadcast
(ADS-B) and Traffic Information Services-Broadcast (TIS-B), Section 2,
Equipment Performance Requirements and Test Procedures, December 2,
2009.
(ii) RTCA DO-260C, Minimum Operational Performance Standards for
1090 MHz Extended Squitter Automatic Dependent Surveillance-Broadcast
(ADS-B) and Traffic Information Services-Broadcast (TIS-B), Section 2,
Equipment Performance Requirements and Test Procedures, December 17,
2020.
(iii) RTCA DO-260C, Minimum Operational Performance Standards for
1090 MHz Extended Squitter Automatic Dependent Surveillance-Broadcast
(ADS-B) and Traffic Information Services-Broadcast (TIS-B), Change 1,
January 25, 2022.
(iv) RTCA DO-282B, Minimum Operational Performance Standards for
Universal Access Transceiver (UAT) Automatic Dependent Surveillance-
Broadcast (ADS-B), Section 2, Equipment Performance Requirements and
Test Procedures, December 2, 2009.
(v) RTCA DO-282C, Minimum Operational Performance Standards (MOPS)
for Universal Access Transceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS-B), Section 2, Equipment Performance
Requirements and Test Procedures, June 23, 2022.
Issued under authority provided by 49 U.S.C. 106(f), 40103, and
44701, in Washington, DC.
Polly E. Trottenberg,
Acting Administrator.
[FR Doc. 2023-22710 Filed 10-16-23; 8:45 am]
BILLING CODE 4910-13-P
