ADS B Regulations

Friday,
May 28, 2010
Part III
Department of
Transportation
Federal Aviation Administration
14 CFR Part 91
Automatic Dependent Surveillance—
Broadcast (ADS–B) Out Performance
Requirements To Support Air Traffic
Control (ATC) Service; Final Rule
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30160 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION Aviation Administration, 800 ALPA—Air Line Pilots Association,

Independence Avenue, SW., International
Federal Aviation Administration Washington, DC 20591; telephone (202) AOPA—Aircraft Owners and Pilots
Association
385–8637; e-mail
ARC—Aviation Rulemaking Committee
14 CFR Part 91 vincent.capezzuto@faa.gov. ASA—Aircraft Surveillance Applications
For legal questions concerning this ASAS—Aircraft Surveillance Applications
[Docket No. FAA–2007–29305; Amdt. No.
91–314] final rule, contact Lorelei Peter, Office System
of the Chief Counsel, AGC–220, Federal ASDE–X—Airport Surface Detection
RIN 2120–AI92 Aviation Administration, 800 Equipment, Model X
Independence Avenue, SW., ASSA—Airport Surface Situational
Automatic Dependent Surveillance— Washington, DC 20591; telephone 202– Awareness
Broadcast (ADS–B) Out Performance 267–3134; e-mail lorelei.peter@faa.gov. ATC—Air Traffic Control
Requirements To Support Air Traffic CAA—Cargo Airline Association
SUPPLEMENTARY INFORMATION:
Control (ATC) Service CDTI—Cockpit Display of Traffic Information
Authority for This Rulemaking CNS—Communication, Navigation, and
AGENCY: Federal Aviation Surveillance
Administration (FAA), DOT. The FAA’s authority to issue rules on EAA—Experimental Aircraft Association
ACTION: Final rule.
aviation safety is found in Title 49 of the ELT—Emergency Locator Transmitter
United States Code (49 U.S.C.). Subtitle ES—Extended Squitter
SUMMARY: This final rule amends FAA I, Section 106, describes the authority of EUROCAE—European Organisation for Civil
regulations by adding equipage the FAA Administrator. Subtitle VII, Aviation Equipment
requirements and performance Aviation Programs, describes in more EUROCONTROL—European Organisation for
standards for Automatic Dependent detail the scope of the agency’s the Safety of Air Navigation
authority. FAROA—Final Approach Runway
Surveillance—Broadcast (ADS–B) Out Occupancy Awareness
avionics on aircraft operating in Classes This rulemaking is promulgated
FedEx—Federal Express
A, B, and C airspace, as well as certain under the authority described in FIS–B—Flight Information Service–Broadcast
other specified classes of airspace Subtitle VII, Part A, Subpart I, Section FL—Flight Level
within the U.S. National Airspace 40103, Sovereignty and use of airspace, GA—General Aviation
System (NAS). ADS–B Out broadcasts and Subpart III, Section 44701, General GAMA—General Aviation Manufacturers
information about an aircraft through an requirements. Under section 40103, the Association
onboard transmitter to a ground FAA is charged with prescribing GNSS—Global Navigation Satellite System
receiver. Use of ADS–B Out will move regulations on the flight of aircraft GPS—Global Positioning System
(including regulations on safe altitudes) HAI—Helicopter Association International
air traffic control from a radar-based IATA—International Air Transport
system to a satellite-derived aircraft for navigating, protecting, and
Association
location system. This action facilitates identifying aircraft, and the efficient use ICAO—International Civil Aviation
the use of ADS–B for aircraft of the navigable airspace. Under section Organization
surveillance by FAA and Department of 44701, the FAA is charged with MHz—Megahertz
Defense (DOD) air traffic controllers to promoting safe flight of civil aircraft in MOPS—Minimum Operational Performance
safely and efficiently accommodate air commerce by prescribing regulations Standards
aircraft operations and the expected for practices, methods, and procedures MSL—Mean Sea Level
increase in demand for air the Administrator finds necessary for NACP—Navigation Accuracy Category For
safety in air commerce. Position
transportation. This rule also provides NACV—Navigation Accuracy Category for
aircraft operators with a platform for This regulation is within the scope of
sections 40103 and 44701 because it Velocity
additional flight applications and NAS—National Airspace System
services. prescribes aircraft performance NBAA—National Business Aviation
requirements to meet advanced Association
DATES: This final rule is effective on
surveillance needs to accommodate NextGen—Next Generation Air
August 11, 2010. The compliance date increases in NAS operations. As more Transportation System
for this final rule is January 1, 2020. aircraft operate within the U.S. airspace, NIC—Navigation Integrity Category
Affected parties, however, do not have improved surveillance performance is NM—Nautical Mile
to comply with the information necessary to continue to balance the NPRM—Notice of Proposed Rulemaking
collection requirement in § 91.225 until growth in air transportation with the NTSB—National Transportation Safety Board
the FAA publishes in the Federal agency’s mandate for a safe and efficient OPD—Optimized Profile Descent
Register the control number assigned by air transportation system.
OMB—Office of Management and Budget
the Office of Management and Budget RAA—Regional Airline Association
(OMB) for this information collection Guide to Terms and Acronyms RAIM—Receiver Autonomous Integrity
requirement. Publication of the control Frequently Used in This Document Monitoring
RFA—Regulatory Flexibility Act
number notifies the public that OMB RNP—Required Navigation Performance
has approved this information ACI–NA—Airports Council International-
North America SANDIA—Sandia National Laboratories
collection requirement under the ACSS—Aviation Communication and SARPs—Standards and Recommended
Paperwork Reduction Act of 1995. The Surveillance Systems Practices
incorporation by reference of certain ADIZ—Air Defense Identification Zone SCAP—Security Certification and
publications listed in the rule is ADS–B—Automatic Dependent Surveillance- Accreditation Procedures
approved by the Director of the Federal Broadcast SDA—System Design Assurance

Register as of August 11, 2010. ADS–C—Automatic Dependent Surveillance- SIL—Source Integrity Level
Contract SSR—Secondary Surveillance Radar
FOR FURTHER INFORMATION CONTACT: For
ADS–R—Automatic Dependent Surveillance- TCAS—Traffic Alert and Collision and
technical questions concerning this final Rebroadcast Avoidance System
rule, contact Vincent Capezzuto, AGL—Above Ground Level TIS–B—Traffic Information Service-
Surveillance and Broadcast Services, AIA—Aerospace Industries Association of Broadcast
AJE–6, Air Traffic Organization, Federal America TMA—Traffic Management Advisor
Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 30161
TSO—Technical Standard Order 7. For Aircraft With an Operable Traffic C. Regulatory Impact Analysis, Regulatory
UAT—Universal Access Transceiver Alert and Collision Avoidance System II Flexibility Determination, International
UPS—United Parcel Service or Airborne Collision Avoidance System, Trade Impact Analysis, and Unfunded
URET—User Request Evaluation Tool Indication If a Resolution Advisory Is in Mandates Assessment
VFR—Visual Flight Rules Progress VI. Executive Order 13132, Federalism
WAAS—Wide Area Augmentation System 8. Indication of the Mode 3/A Transponder VII. Regulations Affecting Intrastate Aviation
Code Specified by ATC (Requires in Alaska
Table of Contents Flightcrew Entry) VIII. Environmental Analysis
I. Background 9. Indication of the Aircraft’s Call Sign IX. Regulations That Significantly Affect
A. Notice of Proposed Rulemaking That Is Submitted on the Flight Plan, or Energy Supply, Distribution, or Use
B. ADS–B Aviation Rulemaking Committee the Aircraft’s Registration Number X. Availability of Rulemaking Documents
C. Summary of the Final Rule (Aircraft Call Sign Requires Flight Crew
Entry) I. Background
1. Airspace
2. Datalink Requirements 10. Indication if the Flight Crew Has While there is currently a drop in air
3. System Performance Requirements Identified an Emergency, Radio travel due to a general economic
4. Antenna Diversity and Transmit Power Communication Failure, or Unlawful downturn, delay and congestion
Requirements Interference (Requires Flightcrew Entry) continue to build in the nation’s busiest
5. Latency of the ADS–B Out Message 11. Indication of the Aircraft’s ‘‘IDENT’’ to
ATC (Requires Flightcrew Entry)
airports and the surrounding airspace.
Elements
6. Conforming Amendments and Editorial 12. Indication of the Emitter Category The FAA must not only address current
Changes 13. Indication Whether an ADS–B in congestion, but also be poised to handle
D. Differences Between the Proposed Rule Capability Is Installed future demand that will surely return as
and The Final Rule 14. Indication of the Aircraft’s Geometric the nation’s economy improves. The
E. Separation Standards Working Group Altitude FAA has been developing the Next
II. Discussion of the Final Rule L. Ability To Turn Off ADS–B Out Generation Air Transportation System
A. Airspace Transmissions (NextGen) for the purpose of changing
1. 2,500 Feet Above Ground Level M. Existing Equipment Requirements the way the National Airspace System
Exclusion in Class E Airspace 1. Transponder Requirement
2. Airspace for Which ADS–B is Required (NAS) operates. NextGen will allow the
2. Emergency Locator Transmitter
3. Requests for Deviations From ADS–B Requirement
NAS to expand to meet future demand
Out Requirements N. Program Implementation and support the economic viability of
B. Dual-Link Strategy 1. Timeline the system. In addition, NextGen will
1. Altitude To Require the 1090 MHz ES 2. Financial and Operational Incentives improve safety and support
Datalink 3. Decommissioning Traffic Information environmental initiatives such as
2. Automatic Dependent Surveillance- Service-Broadcast (TIS–B) reducing congestion, noise, emissions
Rebroadcast (ADS–R) O. Safety
3. 1090 MHz Frequency Congestion
and fuel consumption through increased
P. Efficiency energy efficiency. for more information
C. Performance Requirements—System 1. Improved Position Reporting
1. Performance Requirements Tailored to on NextGen, go to http://www.faa.gov/
2. Optimized Profile Descents (OPDs)
Operator, Airspace, or Procedure 3. Reduced Aircraft Separation
about/initiatives/nextgen/.
2. Navigation Accuracy Category for 4. Expanded Surveillance Coverage
As part of NextGen development, the
Position (NACP) Q. ADS–B In FAA has determined that it is essential
3. Navigation Accuracy Category for to move from ground-based surveillance
R. ADS–B In Applications
Velocity (NACV) and navigation to more dynamic and
1. Surface Situational Awareness With
4. Navigation Integrity Category (NIC)
5. Surveillance Integrity Level
Indications and Alerting accurate airborne-based systems and
6. Source Integrity Level (SIL) and System
2. In-Trail Procedures procedures if the agency is to enhance
Design Assurance (SDA) 3. Interval Management capacity, reduce delay, and improve
7. Secondary Position Sources 4. Airport Surface Situational Awareness environmental performance. Automatic
D. Performance Requirements—Antenna and Final Approach Runway Occupancy Dependent Surveillance–Broadcast
Diversity Awareness
S. International Harmonization
(ADS–B) equipment is an advanced
E. Performance Requirements—Transmit surveillance technology that combines
Power T. Backup ATC Surveillance
U. Privacy an aircraft’s positioning source, aircraft
F. Performance Requirements—Total and
Uncompensated Latency V. Security avionics, and a ground infrastructure to
G. Performance Requirements—Time To W. Alternatives to ADS–B create an accurate surveillance interface
Indicate Accuracy and Integrity Changes X. ADS–B Equipment Scheduled between aircraft and ATC. It is a key
H. Performance Requirements— Maintenance component of NextGen that will move
Availability Y. Specific Design Parameters air traffic control (ATC) from a radar-
1. Preflight Determination of Availability Z. Economic Issues based system to a satellite-derived
2. System Availability 1. ADS–B Out Equipage Cost
2. FAA Cost Savings With ADS–B Out
aircraft location system. ADS–B is a
I. Performance Requirements—Continuity
Compared To Radar performance-based surveillance
J. Performance Requirements—Traffic
Information Service—Broadcast Integrity 3. Business Case for ADS–B Out and In technology that is more precise than
(TIS–B) 4. Improved En Route Conflict Probe radar. ADS–B is expected to provide air
K. Broadcast Message Elements Benefit Performance traffic controllers and pilots with more
1. NACP/NACV/NIC/SDA/SIL 5. Capacity Enhancements, Airspace accurate information to help keep
2. Receiving ATC Services Efficiency, and Fuel Savings Benefits aircraft safely separated in the sky and
3. Length and Width of the Aircraft 6. Deriving Benefits From Capstone on runways. The technology combines a
4. Indication of the Aircraft’s Barometric Implementation in Alaska positioning capability, aircraft avionics,
Pressure Altitude 7. Regional Airline Benefits
8. General Aviation: High Equipage Costs
and ground infrastructure to enable
5. Indication of the Aircraft’s Velocity
6. Indication if Traffic Alert and Collision With Little Benefit more accurate transmission of
Avoidance System II or Airborne AA. Revisions to Other Regulations information from aircraft to ATC.
Collision Avoidance System is Installed III. Regulatory Notices and Analyses ADS–B consists of two different
and Operating in a Mode That May A. Paperwork Reduction Act services: ADS–B Out and ADS–B In.
Generate Resolution Advisory Alerts B. International Compatibility ADS–B Out, which is the subject of this
rulemaking, periodically broadcasts technologies for aircraft in the air traffic receive public comments on the ARC
information about each aircraft, such as control system. Since 2006, Congress recommendations only. This comment
identification, current position, altitude, has appropriated over $500 million to period closed November 3, 2008, with
and velocity, through an onboard the FAA for implementing ADS–B and the FAA receiving approximately 50
transmitter. ADS–B Out provides air developing air-to-air capabilities. The comments to the ARC’s
traffic controllers with real-time FAA remains committed to recommendations. Commenters
position information that is, in most implementing NextGen and adopts this included air carriers, manufacturers,
cases, more accurate than the final rule, with some modifications, as associations, and individuals.
information available with current discussed in further detail below.
radar-based systems. With more C. Summary of the Final Rule
A. Notice of Proposed Rulemaking
accurate information, ATC will be able This final rule will add equipage
to position and separate aircraft with The FAA published the NPRM for requirements and performance
improved precision and timing. ADS–B Out in the Federal Register on standards for ADS–B Out avionics.
ADS–B In refers to an appropriately October 5, 2007 (72 FR 56947). The ADS–B Out broadcasts information
equipped aircraft’s ability to receive and comment period for the NPRM was about an aircraft through an onboard
display another aircraft’s ADS–B Out scheduled to close on January 3, 2008. transmitter to a ground receiver. Use of
information as well as the ADS–B In In response to several commenters, the ADS–B Out will move air traffic control
services provided by ground systems, FAA subsequently extended the from a radar-based system to a satellite-
including Automatic Dependent comment period to March 3, 2008 (72 derived aircraft location system. As
Surveillance–Rebroadcast (ADS–R),1 FR 64966, Nov. 19, 2007). The FAA discussed more fully in the sections of
Traffic Information Service–Broadcast received approximately 190 comments this preamble describing equipage
(TIS–B),2 and, if so equipped, Flight to the docket on the NPRM. requirements and performance
Information Service–Broadcast (FIS–B).3 Commenters included air carriers, standards, operators will have two
When displayed in the cockpit, this manufacturers, associations, options for equipage under this rule—
information greatly improves the pilot’s Government agencies, and individuals. the 1090 megahertz (MHz) extended
situational awareness in aircraft not B. ADS–B Aviation Rulemaking squitter 6 (ES) broadcast link or the
equipped with a traffic alert and Committee Universal Access Transceiver (UAT)
collision avoidance system (TCAS)/ broadcast link. 7 Generally, this
airborne collision avoidance system As part of the rulemaking effort, the
equipment will be required for aircraft
(ACAS). Benefits from universal FAA chartered an aviation rulemaking
operating in Classes A, B, and C
equipage for ADS–B In currently are not committee (ARC) on July 15, 2007, to
airspace, certain Class E airspace, and
substantiated, and standards for ADS–B provide a forum for the U.S. aviation
other specified airspace. See section C.1.
In air-to-air applications are still in their community to make recommendations
‘‘Airspace’’ below for additional details.
infancy. Thus it is premature to require on presenting and structuring an ADS–
The NPRM proposed performance
operators to equip with ADS–B In at this B Out mandate, and to consider
requirements for ADS–B Out to be used
time. This rule, however, imposes additional actions that may be necessary
for ATC surveillance. In addition,
certain requirements that will support to implement its recommendations. The
several aspects of the proposal would be
some ADS–B In applications. ADS–B ARC submitted its first report,
necessary for future ADS–B In
As noted in the preamble of the ‘‘Optimizing the Benefits of Automatic
applications. The comments to the
Notice of Proposed Rulemaking (NPRM) Dependent Surveillance–Broadcast,’’ 4
NPRM and the ARC recommendations
associated with this rule, published in on October 3, 2007.
The FAA also tasked the ARC to make raised significant concerns about the
the Federal Register on October 5, 2007 operational needs and costs of the
(72 FR 56947), Congress enacted the specific recommendations concerning
the proposed rule based on the proposed performance requirements, as
‘‘Century of Aviation Reauthorization well as the proposed antenna diversity
Act’’ in 2003. That Act mandated that comments submitted to the docket. The
ARC submitted its second report, requirement.
the Secretary of Transportation establish The FAA specifically proposed higher
a Joint Planning and Development ‘‘Recommendations on Federal Aviation
ADS–B Out and antenna diversity
Office (JPDO) to manage NextGen- Administration Notice No. 7–15,
requirements than what is needed for
related work, including coordinating the Automatic Dependent Surveillance-
ATC surveillance to enable certain
development and use of new Broadcast (ADS–B) Out Performance
ADS–B In applications. As discussed in
Requirements to Support Air Traffic
further detail in this document, the FAA
1 ADS–R collects traffic information from each Control (ATC) Service; Notice of
has reconsidered these elements in view
broadcast link and rebroadcasts it to ADS–B In- Proposed Rulemaking,’’ 5 to the FAA on
equipped operators on the other broadcast link. of the comments and has changed the
September 26, 2008.
This is further explained in section B.2., Automatic
To give the public an opportunity to implementation plan for ADS–B.
Dependent Surveillance-Rebroadcast. The FAA has concluded that this rule
2 TIS–B uses primary and secondary surveillance comment on the recommendations
radars and multilateration systems to provide received from the ARC, the FAA will require only the performance
proximate traffic situational awareness, including published a notice in the Federal requirements necessary for ADS–B Out.
position reports from aircraft not equipped with
Register on October 2, 2008 (73 FR While certain requirements adopted in
ADS–B. TIS–B data may not provide as much this rule will support some ADS–B In
information as could be received directly from an 57270), reopening the comment period
aircraft’s ADS–B Out broadcast, because of the of the ADS–B Out NPRM docket for an applications, the agency is not adopting
required data processing. The TIS–B signal is an additional 30 days. The purpose of
advisory service that is not designed for aircraft 6 An extended squitter is a long message that
surveillance or separation, and cannot be used for reopening the comment period was to Mode S Transponders transmit automatically,
either purpose. without needing to be interrogated by radar, to
3 With FIS–B, aircraft equipped with 978 4 A copy of this report is available from the Web announce the own-ship aircraft’s presence to nearby
megahertz (MHz) Universal Access Transceiver site http://www.regulations.gov. To find the report, ADS–B equipped aircraft or ground based Air
(UAT) ADS–B In avionics can receive weather enter FAA–2007–29305–0009.1 in the search field. Traffic Control.
information, notices to airmen, temporary flight 5 A copy of this report is available from the Web 7 The 1090 MHz ES broadcast link uses the 1090
restrictions, and other relevant flight information, at site http://www.regulations.gov. To find the report, MHz frequency. The UAT broadcast link uses the
no additional cost. enter FAA–2007–29305–0221.1 in the search field 978 MHz frequency.
the higher performance standards that surface up to 10,000 feet MSL. In MHz ES broadcast link), and TSO–
would enable all of the initial ADS–B In addition, the rule requires that aircraft C154b 11 (for operators using the UAT
applications. The agency is mindful, meet ADS–B Out performance broadcast link) as the baseline
and operators are advised, that in requirements to operate in Class E requirements for ADS–B Out
accepting the commenters’ and the airspace over the Gulf of Mexico at and equipment. TSO–C166a adopted the
ARC’s positions regarding antenna above 3,000 feet MSL within 12 NM of standards in RTCA, Inc.12 (RTCA) DO–
diversity and position source accuracy, the coastline of the United States. 260A.13 TSO–C154b adopted the
compliance with this rule alone may not standards in RTCA DO–282A.14
2. Datalink Requirements
enable operators to take full advantage After the NPRM was published, the
of certain ADS–B In applications. ADS–B requires a broadcast link for ADS–B ARC issued numerous
Operators may voluntarily choose aircraft surveillance and to support recommendations in response to public
equipment that meets the higher ADS–B In applications. Operators have comments on the TSOs referenced in
performance standards in order to two options for equipage under this the proposal. Based on the ARC
enable the use of these applications. rule— the 1090 MHz ES broadcast link recommendations and broad industry
The following table provides an or the UAT broadcast link. The 1090 input, RTCA revised DO–260A to
overview of the costs and benefits of MHz ES broadcast link is the become DO–260B 15 and revised DO–
this final rule. internationally agreed upon link for 282A to become DO–282B.16 The new
ADS–B and is intended to support RTCA revisions include: (1) An
SUMMARY OF COSTS AND BENEFITS ADS–B In applications used by air allowance for transmitting a NIC of 7 on
carriers and other high-performance the surface, (2) procedures for correctly
3% Discount Rate: aircraft. The 1090 MHz ES broadcast setting the NACV, (3) clarifying the
Low Costs ............................... $2.74 link does not support FIS–B (weather latency requirements, (4) removing the
High Benefits ........................... 5.03 and related flight information) because vertical component of NACP, NACV,
the bandwidth limitations of this link NIC, and SIL, (5) revising the definition
Net Benefits-High Benefit/ cannot transmit the large message of SIL to correspond to the definition in
Low Cost .......................... 2.29 structures required by FIS–B. The UAT
the FAA NPRM, (6) clarifying the
broadcast link supports ADS–B In definition of SIL by dividing it into SIL
High Costs .............................. 5.47
applications 9 and FIS–B, which are and SDA message elements, (7) creating
Low Benefits ........................... 3.98
important for the general aviation (GA) a medium power single antenna class,
Net Benefits-Low Benefits/ community. and (8) redefining the bit for the ‘‘ADS–
High Costs ....................... (1.49) This final rule requires aircraft flying B In capability installed’’ message
at and above 18,000 feet MSL (flight element.17 DO–260B and DO–282B are
7% Discount Rate:
level (FL) 180) (Class A airspace) to more mature standards and fully
have ADS–B Out performance support domestic and international
Low Costs ............................... 2.15
High Benefits ........................... 2.74
capabilities using the 1090 MHz ES ADS–B air traffic control surveillance.
broadcast link. This rule also specifies The updated standards do not increase
Net Benefits-High Benefit/ that aircraft flying in the designated performance requirements.
Low Cost .......................... 0.59 airspace below 18,000 feet MSL may use The FAA updated the TSOs in
either the 1090 MHz ES or UAT accordance with these new RTCA
High Costs .............................. 4.11 broadcast link. standards. In addition, the FAA has
Low Benefits ........................... 2.09
Net Benefits-Low Benefits/ 3. System Performance Requirements
Operating on the Radio Frequency of 1090
High Costs ....................... (2.02) When activated, ADS–B Out Megahertz (MHz).
continuously transmits aircraft 11 Universal Access Transceiver (UAT) Automatic
information through the 1090 MHz ES Dependent Surveillance—Broadcast (ADS–B)

1. Airspace Equipment Operating on the Frequency of 978
or UAT broadcast link. The accuracy MHz.
This final rule prescribes ADS–B Out and integrity of the position information 12 RTCA, Inc. is a not-for-profit corporation
performance requirements for all aircraft transmitted by ADS–B avionics are formed to advance the art and science of aviation
operating in Class A, B, and C airspace represented by the navigation accuracy and aviation electronic systems for the benefit of
within the NAS; above the ceiling and category for position (NACP), the the public. The organization functions as a Federal
within the lateral boundaries of a Class Advisory Committee and develops consensus-based
navigation accuracy category for recommendations on contemporary aviation issues.
B or Class C airspace area up to 10,000 velocity (NACV), the navigation integrity The organization’s recommendations are often used
feet mean sea level (MSL); and Class E category (NIC), the system design as the basis for government and private sector
airspace areas at or above 10,000 feet assurance (SDA), and the source decisions as well as the foundation for many FAA
MSL over the 48 contiguous United TSOs. For more information, see http://
integrity level (SIL). www.rtca.org.
States and the District of Columbia, In the proposed rule, the FAA 13 Minimum Operational Performance Standards
excluding the airspace at and below referenced the accuracy and integrity for 1090 MHz Extended Squitter Automatic
2,500 feet above the surface. requirements to the appropriate NACP, Dependent Surveillance—Broadcast (ADS–B) and
The rule also requires that aircraft NACV, NIC, and SIL values defined in Traffic Information Services—Broadcast (TIS–B).
14 Minimum Operational Performance Standards
meet these performance requirements in Technical Standard Order (TSO)– for Universal Access Transceiver (UAT) Automatic
the airspace within 30 nautical miles C166a 10 (for operators using the 1090 Dependent Surveillance—Broadcast.
(NM) of certain identified airports 8 that
15 Minimum Operational Performance Standards
are among the nation’s busiest (based on 9 These applications include enhanced visual for 1090 MHz Extended Squitter Automatic
annual passenger enplanements, annual acquisition, conflict detection, enhanced visual Dependent Surveillance–Broadcast (ADS–B) and
airport operations count, and approach, Airport Surface Situational Awareness Traffic Information Services–Broadcast (TIS–B).
(ASSA), and Final Approach Runway Occupancy 16 Minimum Operational Performance Standards
operational complexity) from the Awareness (FAROA). for Universal Access Transceiver Automatic
10 Extended Squitter Automatic Dependent Dependent Surveillance–Broadcast.
8 These airports are listed in appendix D to part Surveillance–Broadcast (ADS–B) and Traffic 17 A number of these items address issues with
91. Information Service—Broadcast (TIS–B) Equipment the current TSOs.
decided that it is necessary to require FAA also added additional language in the performance requirements for this
the new standards contained in TSO– §§ 91.225 and 91.227 stating that rule, if in the future, RTCA revises
C166b 18 (1090 MHz ES) and TSO– equipment with an approved deviation NACP, NACV, and NIC.
C154c 19 (UAT) as the minimum under § 21.618 also meet the Table 1 summarizes the NACP, NACV,
performance standards in this final requirements of the rule. NIC, and SIL values proposed in the
rule.20 The updated standards In addition, this final rule specifies NPRM and their equivalent
incorporate multiple changes that the performance requirements for measurements, as noted in DO–260A
address public comments and the ARC’s accuracy and integrity (NACP, NACV, and DO–282A. Table 2 summarizes
recommendations on the proposal. On and NIC) in meters and nautical miles NACP, NACV, NIC, SDA, and SIL values
September 11, 2009, the FAA rather than referencing the numerical as defined in DO–260B and DO–282B.
announced in the Federal Register the values used in DO–260B, DO–282B, or These two tables contain only the values
availability of draft TSO–C166b and the NPRM. This change translates the applicable to the NPRM and the final
TSO–C154c for comment (74 FR 46831). values but does not alter the actual rule. See DO–260B paragraph 2.2.3 or
The FAA issued final versions of the performance requirements. The FAA DO–282B paragraph 2.2.4 for complete
above TSOs on December 2, 2009. The wants to avoid any misinterpretations of information on all values.
18 Extended Squitter Automatic Dependent 19 Universal Access Transceiver (UAT) Automatic 20 Operators with equipment installed that meets
Surveillance–Broadcast (ADS–B) and Traffic Dependent Surveillance–Broadcast (ADS–B) a later version of TSO–C166b or TSO–C154c, as
Information Service–Broadcast (TIS–B) Equipment Equipment Operating on the Frequency of 978 applicable, are in compliance with this rule.
Operating on the Radio Frequency of 1090 MHz.
ER28MY10.000</GPH>
Megahertz (MHz).
In this final rule, the NACP must be complies with the requirements in the required to support ATC surveillance.
less than 0.05 NM. The NACV and NIC final rule. Operators must note that this rule does
values are adopted as proposed. The not remove or modify any existing
4. Antenna Diversity and Transmit
NACV must be less than 10 meters per antenna diversity requirements for
Power Requirements
second. The NIC must be less than 0.2 transponders or TCAS/ACAS.
NM. The SIL parameter from the NPRM The aircraft antenna is a major Aircraft must transmit signals at a
has been divided into two separate contributor to ADS–B system link certain level of power to ensure ground
parameters and is discussed in detail performance and an important part of stations and ADS–B In-equipped aircraft
later in this document.21 In this final the overall ADS–B Out system. In the and vehicles can receive the transmitted
rule, the SDA parameter must be less NPRM, the FAA proposed an antenna signals. As proposed, the final rule
diversity requirement that would requires UAT systems to broadcast at a
than or equal to 1x10 ¥5 per hour,
support ADS–B In applications, such as 16-watt minimum-transmit power, and
which is equivalent to an SDA of 2, and
Airport Surface Situational Awareness 1090 MHz ES systems to broadcast at a
the SIL parameter must be less than or
(ASSA) and Final Approach Runway 125-watt minimum-transmit power.
equal to 1x10 ¥7 per hour or per sample,
Occupancy Awareness (FAROA).
which is equivalent to a SIL of 3. Global The FAA has reconsidered the need 5. Latency of the ADS–B Out Message
navigation satellite system (GNSS) for antenna diversity in view of the Elements
systems 22 will set their SILs based on a comments submitted. The agency has When using an ADS–B system,
1x10 ¥7 per-hour probability. Operators determined that a single bottom- aircraft receive information from a
must meet these performance mounted antenna is the minimum position source and process it with
requirements to operate in the airspace requirement for ATC surveillance. onboard avionics. The aircraft’s ADS–B
where ADS–B is required. Any ADS–B Furthermore, the analysis of ASSA and system then transmits position and
position source that meets the specified FAROA does not conclude that antenna other information to the ground stations
performance standards is acceptable and diversity is required for these through antenna(s) using either the UAT
applications. As discussed later, the or 1090 MHz ES broadcast link.
21 In the NPRM, SIL was defined as surveillance
FAA decision to require a NACP less Generally, latency is the time lag
integrity level and represented the maximum between the time that position
probability of exceeding the NIC containment
than 0.05 NM signifies that certain
radius and a maximum probability of a failure ADS–B In applications, including ASSA measurements are taken to determine
causing false or misleading data to be transmitted. and FAROA, will not be fully the aircraft’s position, and the time that
In this final rule, SIL is referred to as source supported. the position information is transmitted
integrity level and defines the probability of If future analysis indicates that by the aircraft’s ADS–B transmitter. The
exceeding the NIC containment radius; SDA

represents the probability of transmitting false or antenna diversity is required for ASSA latency requirements in this final rule,
misleading position information. and FAROA, a higher NACP than that although different from the proposal,
22 Global navigation satellite system (GNSS) is a required in this rule also would be represent a more appropriate way to
generic term for a satellite navigation system, such necessary to support these applications. address latency. The proposal created
as the Global Positioning System (GPS), that
provides autonomous worldwide geo-spatial
The FAA does not adopt antenna ambiguities that are addressed in these
positioning and may include local or regional diversity as a requirement for ADS–B modifications and are supported by the
Out under this rule because it is not commenters. Under this rule, total
ER28MY10.001</GPH>
augmentations.
latency cannot exceed 2.0 seconds. inadvertently left out the proposed Lastly, the proposed regulatory text
Within those 2.0 seconds, conforming amendments to §§ 91.130, has been moved from Appendix H to
uncompensated latency cannot exceed 91.131, and 91.135, which address Class new § 91.227.
0.6 seconds. Total and uncompensated A, B, and C airspace. This rule amends All substantive changes to this rule
latency are explained in further detail in these sections to include the ADS–B Out are fully discussed in Section II,
section II F. ‘‘Performance performance requirements for the Discussion of the Final Rule.
Requirements—Total And appropriate airspace. D. Differences Between the Proposed
Uncompensated Latency.’’
In addition, the regulatory text for Rule and the Final Rule
6. Conforming Amendments and § 91.225 has been reorganized from the Table 3 summarizes the substantive
Editorial Changes proposed rule language. The changes between the proposed rule and
Section 91.225 requires ADS–B Out restructuring of the text should make this final rule. Editorial changes and
for operations in Class A, B, and C this section clearer and more reader- clarifications are explained elsewhere in
airspace. In the NPRM, the FAA friendly. this preamble.
TABLE 3.— SUBSTANTIVE DIFFERENCES BETWEEN THE PROPOSED RULE AND THE FINAL RULE
Issue area The NPRM— The final rule—
Technical Standard Order .... Proposed performance standards as defined in TSO– Requires performance standards as defined in TSO–
C166a (1090 MHz ES) or TSO–C154b (UAT). C166b (1090 MHz ES) or TSO–C154c (UAT).
Airspace ............................... Proposed requiring all aircraft above FL 240 to transmit Requires all aircraft in Class A airspace (FL 180 and
on the 1090 MHz ES broadcast link. above) to transmit on the 1090 MHz ES broadcast
link.
Proposed ADS–B performance standards for operations Requires ADS–B performance standards for operations
in all Class E airspace at and above 10,000 feet MSL. in Class E airspace at and above 10,000 feet MSL,
excluding the airspace at and below 2,500 feet AGL.
NACP .................................... Proposed a NACP ≥ 9, which provides navigation accu- Requires NACP < 0.05 NM.
racy < 30 meters. (NACP ≥ 8)
NIC ....................................... Proposed changes in NIC be broadcast within 10 sec- Requires changes in NIC be broadcast within 12 sec-
onds. onds.
SIL ........................................ Proposed a SIL of 2 or 3 ................................................ Requires an SDA of 2.
Requires a SIL of 3.
Antenna Diversity ................. Proposed antenna diversity in all airspace specified in Does not require antenna diversity.
the rule.
Total Latency ....................... Proposed latency in the position source < 0.5 seconds Requires uncompensated latency ≤ 0.6 seconds and
and latency in the ADS–B source < 1 second. maximum total latency ≤ 2.0 seconds.
Message Elements .............. Proposed a broadcast message element for ‘‘receiving Does not require a broadcast message element for ‘‘re-
ATC services’’. ceiving ATC services.’’
An ability to turn off ADS–B Proposed that the pilot be able to turn off ADS–B trans- Does not require the pilot be able to disable or turn off
Out. missions if directed by ATC. ADS–B transmissions.
E. Separation Standards Working Group dedicated separation standards flight over the 48 contiguous states and the
tests for each key-site with fully District of Columbia.
The FAA established an internal Several commenters, including the
functional end-to-end systems. Also
Surveillance and Broadcast Systems DOD and the Experimental Aircraft
included is a test period for each system
Separation Standards Working group Association (EAA), stated that the
where performance data is collected on
(SSWG) to develop methodologies and proposed ceiling of 10,000 feet MSL for
aircraft operating in the surveillance
define metrics as appropriate that aircraft without ADS–B would be a
service volume.
evaluate the end-to-end performance of major hardship and safety issue for
ADS–B and wide area multilateration The SSWG analyses and evaluations
are the basis for most of the performance aircraft operators flying in mountainous
surveillance systems. These evaluations terrain. Commenters and the ARC
include investigating the integration of requirements specified in this rule.23
suggested that the final rule exclude
these technologies in conjunction with II. Discussion of the Final Rule Class E airspace at and below 2,500 feet
legacy surveillance technologies, that is, above ground level (AGL), similar to the
separation between target positions that Below is a more detailed discussion of exclusion in § 91.215, ATC Transponder
are derived from ADS–B, radar, and the final rule relative to the comments and Altitude Reporting Equipment and
wide area multilateration on ATC received on the proposal: Use.
displays. A. Airspace The FAA recognizes the benefit of
This SSWG was tasked to perform: (1) excluding this airspace in the rule,
Analyses of performance using system 1. 2,500 Feet Above Ground Level particularly for visual flight rules (VFR)
models and simulations, including the Exclusion in Class E Airspace pilots flying in mountainous areas. This
identification of key performance The NPRM proposed that aircraft modification addresses airspace that is
drivers and the development of test meet ADS–B Out performance not affected by the agency’s efforts to
scenarios; (2) preliminary evaluations requirements to operate in Class E maximize NAS efficiency and capacity.
with prototype system components to airspace at and above 10,000 feet MSL Excluding this airspace from the rule
enable verification and validation of the minimizes any unnecessary financial
models and as early evidence of system 23 The SSWG findings are available from the Web and operational burdens being placed
performance; and (3) analyses of test site http://www.regulations.gov. The docket number on aircraft operators who fly in
results, operational testing and for this rulemaking is FAA –2007–29305. mountainous areas that encroach on
Class E airspace at and above 10,000 feet Identification Zones (ADIZ) 24 and arrivals and departures. Therefore,
MSL, but choose not to equip for the Offshore Control Area Extensions. Boeing recommended that the airborne
ADS–B Out performance standards in This rule applies to aircraft operating surveillance functions should provide
this rule. Consequently, the final rule within U.S. airspace, which extends 12 benefits at all altitudes and on the
does not require ADS–B performance NM from the U.S. coast. (The airspace ground. Ultimately, Boeing commented
standards for operations 2,500 feet AGL also includes the Washington, DC, that a single 1090 MHz ES broadcast
and below in Class E airspace at and Special Flight Rules Area (SFRA), link would advance future ADS–B In
above 10,000 feet MSL. referred to as an ‘‘ADIZ’’ prior to 2009.) applications at low altitudes.
Most of the airspace in the ADIZ falls In mandating ADS–B, the FAA is
2. Airspace for Which ADS–B Is outside the 12 NM boundaries. mindful that some members of the
Required international air transport community
3. Requests for Deviations From ADS–B
The NPRM proposed requiring ADS– and the GA community have already
Out Requirements
B performance standards for operations purchased ADS–B Out equipment,
in most classes of airspace where This rule requires operators to which use either the 1090 MHz ES or
operators currently are required to carry broadcast ADS–B Out information when UAT broadcast link. The FAA finds that
a transponder. operating in specified airspace. If an a dual-link system is necessary for the
Numerous commenters recommended aircraft is not capable of meeting the United States to meet the operational
that the FAA limit ADS–B performance performance requirements, the operator needs of all NAS operators. Moreover, if
requirements to aircraft operating in may request a deviation from the ATC the FAA were to require one segment of
Class A airspace only, or Class A and B facility responsible for that airspace. the aviation community to equip to
airspace only. Several commenters However, as noted in the NPRM, ATC meet the needs of another segment of
questioned the proposed ADS–B authorizations may contain conditions the community, this would present
performance requirements in Class E necessary to provide the appropriate additional costs for some operators to
airspace above 10,000 feet MSL. Many level of safety for all operators in the equip.
of these commenters made varying airspace. ATC may not be able to grant
authorizations in all cases for a variety 1. Altitude To Require the 1090 MHz ES
requests to the FAA concerning the Datalink
proposed altitude for which ADS–B Out of reasons, including workload, runway
configurations, air traffic flows, and Under the proposal, aircraft operating
would be required, including 12,000
weather conditions. above FL 240 would be required to use
feet MSL, 15,000 feet MSL, FL 180, and
the 1090 MHz ES broadcast link.
FL 250. The United States Parachute B. Dual-Link Strategy
Operators using only the UAT broadcast
Association noted that skydiving The NPRM proposed a dual-link link would be limited to operations
operations are typically conducted strategy for ADS–B Out broadcasts. below FL 240.
above 10,000 feet MSL and sometimes Under the proposal, aircraft operating The Air Line Pilots Association,
conducted in Class A, B, and C airspace. above FL 240 would be required to use International (ALPA) recommended that
ADS–B cannot be used for ATC the 1090 MHz ES broadcast link. the FAA require operators to use 1090
surveillance if all aircraft are not Aircraft operating below FL 240 and in MHz ES above 18,000 feet MSL to be
appropriately equipped. Moreover, it is airspace where ADS–B Out performance consistent with the Class A airspace
unreasonable to set up a regulatory requirements were proposed could use lower boundary (rather than introduce a
framework and performance standards either the 1090 MHz ES or UAT new subclassification of established
that are based on using two primary broadcast link. airspace). In addition, several GA
systems for surveillance; nor is it Many commenters suggested that a commenters requested limiting ADS–B
feasible to fund and maintain two such single-link system would reduce performance requirements to only Class
systems. The airspace requirements operational complexity. The A airspace. The EAA and some
specified in this rule for ADS–B Out commenters noted that the installation individuals stated that UAT would work
meet ATC surveillance needs. and maintenance costs of a dual-link just as well as 1090 MHz ES above FL
Class B and C airspace have the system exceed those of a single-link 240 and that aircraft should be
highest volume of air carrier and GA system. Some of the commenters permitted to use exclusively UAT for
traffic. They also experience the most proposed a single-link solution but operations above FL 240.
complex transitions of aircraft from the disagreed over which link should be The final rule specifies FL 180 (the
en route environment to the terminal chosen. Commenters supporting a lower boundary of Class A airspace) as
area. With the intricate nature of the single-link UAT system noted that 1090 the ceiling for operating an aircraft
airspace, current regulations dictate MHz ES does not support FIS–B and is equipped only with UAT. Using 1090
more stringent operational requirements at risk for frequency congestion in a MHz ES at or above FL 180 provides a
to operate within Class B and C airspace future air traffic management clear operational boundary for
areas. environment. Commenters supporting a controllers and pilots, and does not
In addition, ATC must have single-link 1090 MHz ES system create conditions of mixed equipage for
surveillance data for all aircraft explained that UAT is not existing or future applications. The FAA
operating in these areas to ensure internationally interoperable and recognizes that this modification will
appropriate situational awareness and to opposed a system that requires affect certain operators that want to
maximize the use of the NAS. ADS–B international operators to equip with operate above FL 180 and equip only
Out will enhance surveillance in both links. with UAT. However, the agency
controlled airspace areas where Boeing noted that most of the NAS concludes that requiring 1090 MHz ES
secondary surveillance radar (SSR) system delays are associated with performance standards for operations in
currently exists. all of Class A airspace is not only
One commenter stated that the FAA 24 An Air Defense Identification Zone (ADIZ) is
reasonable for surveillance, but also
should expand the airspace in which an area of airspace over land or water in which the
ready identification, location, and control of civil establishes a baseline for ADS–B In.
ADS–B is required and specifically aircraft is required in the interest of national The requirement to broadcast 1090
recommended including Air Defense security. MHz ES at and above FL 180 does not
preclude UAT reception of FIS–B The FAA is deploying ADS–R in all service. In this case, the pilot needs to
services up to FL 240 for aircraft with areas where ADS–B ATC surveillance maintain separation in the same manner
a dual-link reception capability. exists.26 ADS–R collects traffic done today, which is relying on visual
information broadcast on the 978 MHz scanning and directions from ATC. The
2. Automatic Dependent Surveillance-
UAT broadcast link and rebroadcasts FAA will ensure that the dual-link
Rebroadcast (ADS–R) the information to 1090 MHz ES users. strategy does not impact safety as future
Under a dual-link strategy, the FAA Similarly, ADS–R collects traffic applications are developed.
will use ADS–R to allow ADS–B In- information provided on the 1090 MHz
3. 1090 MHz Frequency Congestion
equipped aircraft using one type of ES broadcast link and rebroadcasts the
broadcast link to receive messages about information to UAT users. ADS–R Boeing, Federal Express (FedEx), and
aircraft transmitting on the other permits aircraft equipped with either IATA suggested that the FAA assess
broadcast link. 1090 MHz ES or UAT to take advantage future 1090 MHz frequency congestion.
Various commenters, including the of ADS–B In applications. The ARC supported the dual-link
Air Transport Association of America, The FAA disagrees with the strategy, but recommended that the FAA
Inc. (ATA), Airservices Australia, the comments suggesting that ADS–R study the necessary mitigations of 1090
Australia Civil Aviation Safety introduces safety issues because of the MHz frequency congestion. The ARC
Authority, the Aircraft Owners and added latencies attributed to ADS–R specifically recommended that these
Pilots Association (AOPA), Boeing, processing. ATC automation systems do mitigations ensure 1090 MHz ES is
British Airways, and the International not require or use ADS–R to provide interoperable with ACAS and SSR,
Air Transport Association (IATA), surveillance. The added latency in the while providing sufficient air-to-air
expressed concern about a dual-link rebroadcast of the original ADS–B range to support NextGen ADS–B In
system. Some of these commenters message are measurably small and do applications.
asserted that the need for ADS–R not degrade the reported NACP, NACV, Congestion on the 1090 MHz
introduces additional system-wide and NIC values. The ARC agreed in its frequency is a risk shared by TCAS/
latency into the ADS–B system and report that the latency in ADS–R ACAS and SSR systems using the Mode
poses a single point of failure for the processing does not degrade the S transponder. The FAA conducted a
degradation or loss of surveillance data. reporting of the position quality study to assess 1090 MHz frequency
In their view, this could limit potential parameters.27 Latency attributed to congestion in the future air traffic
separation and efficiency improvements ADS–R does not compromise the safety environment.29 The FAA is analyzing
and affect the air-to-air surveillance of the initial ADS–B In applications. alternatives and will enact the necessary
element of future ADS–B In The intended functions of ADS–B, as mitigations to reduce the 1090 MHz
applications. In addition, some identified in the NPRM, are not frequency congestion risk for ADS–B,
compromised by the latency introduced TCAS, and SSR, while enabling ranges
commenters expressed concern about
with rebroadcasting the messages. appropriate for many ADS–B In
the additional risk of faults or failures
However, future ADS–B In applications applications through 2035.
that could result from translating,
merging, and rebroadcasting data from necessarily may be limited becauseof C. Performance Requirements—System
the 1090 and 978 MHz frequencies. the latency associated with ADS–R.28
The FAA has a strong interest in While some commenters supported
Some commenters, including Boeing, the proposed performance requirements,
contended that ADS–R may not have providing the option for operators to
equip with UAT, so they may benefit numerous organizations and individuals
sufficient growth capability to support commented that the performance
future ADS–B In air-to-air applications. from FIS–B service. In making the
decision to use a dual-link strategy, the requirements generally were too
Such applications include merging and stringent, unnecessary, and would entail
FAA acknowledged and weighed the
spacing, self separation, or using ADS– an undue economic burden on
fact that potential benefits of future
B data to supplement or replace TCAS operators.
applications may not be fully realized
because of potential of latency or loop
based on this decision. In situations 1. Performance Requirements Tailored
delays. Rockwell-Collins stated that
where an airport is not within the to Operator, Airspace, or Procedure
ADS–R should be able to support many
planned ADS–B coverage area, the
ADS–B In air-to-air applications, The NPRM proposed specific
airport will not have ADS–R coverage.
including closely spaced parallel performance requirements for ADS–B
Consequently, an aircraft with ADS–B
approaches and enhanced visual Out. Several commenters, including the
In will not have the benefit of ADS–R,
approach. It recommended developing Aerospace Industries Association of
and ADS–B In will not provide
ADS–R to support more demanding awareness of aircraft that are America (AIA), Boeing, the DOD, EAA,
aircraft surveillance applications broadcasting on a different broadcast Honeywell, Lockheed Martin, and the
(ASA).25 link. ARC, asked the FAA to tailor the ADS–
Several commenters, including If an aircraft leaves the ADS–B B performance requirements based on
AOPA, asserted that the dual-link coverage area, there will be an specific application requirements or
system presents a safety hazard because indication to the pilot that the aircraft airspace.
aircraft equipped with different links is no longer within range of ADS–R Lockheed Martin and the DOD noted
cannot ‘‘see’’ each other on ADS–B In that some military aircraft may not meet
displays in areas without ADS–R 26 The service coverage volume for ADS–B In the proposed equipage requirements
coverage. The commenters suggested applications is explained in greater detail at and would need accommodations to
providing ADS–R at all public airports http://www.adsb.gov. operate in ADS–B Out-designated

where a mix of both systems will be
27 ADS–B ARC Task II Report to the FAA
airspace. One commenter was
Appendix N, ADS–R Latency and Reliability concerned that the DOD was exempt
encountered. Expectations (September 26, 2008), available on the
Web site, http:///www.regulations.gov, FAA–2007– from the proposed requirements.
25 ASA comprises a number of flight-deck-based 29305–0221.1.
aircraft surveillance and separation assurance 28 To date, the requirements for using ADS–B for 29 A copy of this report is available from the Web
capabilities that may directly provide flight crews advanced iterations of merging and spacing, and site http://www.regulations.gov. The docket number
with surveillance information and alerts. self separation have yet to be defined. for this rulemaking is FAA–2007–29305.
The FAA has determined that it is not greater than or equal to 8 for 99.9 (EUROCONTROL) commented that a
operationally feasible to assign different percent of an hour. NACV of 1 is not sufficient for ATC
performance requirements dependent Boeing commented that there is no services or advanced ADS–B In
on the nature of the operation. It would need for vertical accuracy because applications. The ARC recommended
not be effective to require both pilots neither ATC nor any of the initial ADS– that NACV should not be required.
and controllers to verify specific B In applications require it. The ARC
Different air navigation service
performance parameters before any recommended that the FAA not apply
providers may need different
given operation or change of airspace. the vertical position accuracy
performance requirements depending
Therefore, the FAA is specifying requirement associated with a NACP of
on the airspace in which they
minimum performance requirements for 9 for surface operations. The ARC also
recommended that the FAA modify the implement ADS–B separation services.
all ADS–B Out-equipped aircraft to The FAA reviewed this requirement and
operate in certain designated airspace. definition of a NACP of 9 in DO–260A
and DO–282A. This modification would concludes that a NACV is required for
No special allowance is made in this separation services in the United States.
rule to relieve the military from the remove the vertical accuracy
requirement if the aircraft is on the The agency modeled and calculated the
same performance requirements as the
surface. NACV requirements for aircraft
civilian aviation community. The FAA
The FAA reviewed these comments separation, using assumptions unique to
recognizes that the DOD and other
and the necessary requirements for the the U.S. environment. Based on this
Federal agencies are NAS users, and
ADS–B Out and ADS–B In applications analysis, the FAA determined that a
need access to all areas of the NAS
that are contemplated today. A NACP of horizontal velocity accuracy of less than
today and in the future. This rule
less than 0.05 NM is required for ATC 10 meters per second, as proposed in
provides procedures for an aircraft that
surveillance. A NACP of less than 30 the NPRM, is required for ATC
does not meet the ADS–B Out
meters is required only for ASSA and surveillance within the NAS.33
performance requirements, i.e., to obtain
FAROA. Because surface surveillance Therefore, this requirement is adopted
an ATC authorized deviation to operate
benefits enabled by ADS–B will only be as proposed.
in the airspace for which ADS–B is
required. The FAA will collaborate with fully available where Airport Surface
4. Navigation Integrity Category (NIC)
the appropriate U.S. Government Detection Equipment, Model X (ASDE–
departments or agencies (including but X) systems,31 and ADS–R and TIS–B are The NPRM proposed requiring a NIC
not limited to DOD, and the Department in use, the FAA has reconsidered the greater than or equal to 7, which
of Homeland Security) to develop universal requirement of a NACP of less provides navigation integrity of less
Memorandums of Agreement to than 30 meters. than 0.2 NM. Boeing questioned the
While the higher NACP would necessity of this requirement. The ARC
accommodate their National defense
support a limited number of ADS–B In recommended that the FAA adopt NIC
mission requirements while supporting
applications, it could also increase requirements based on airspace, with
the needs of all other NAS users.
costs 32 to all operators required to meet
minimum NIC values ranging from 0 to
2. Navigation Accuracy Category for the ADS–B performance standards.
7.
Position (NACP) Therefore, this final rule reduces the
position accuracy reporting requirement The FAA reviewed this requirement
The NPRM proposed requiring a and determined that a NIC of less than
and adopts a NACP of less than 0.05
NACP greater than or equal to 9. This is 0.2 NM is necessary for ATC separation
NM. This NACP requirement applies to
equivalent to horizontal position services, particularly in the approach
all aircraft operating in the airspace
accuracy of less than 30 meters and environment. Similar to the NACP, it is
identified in this rule.
vertical position accuracy of less than In addition, the FAA considered the not practical to assign different NIC
45 meters. A NACP of less than 30 comments regarding the vertical values based on types of airspace.
meters horizontal would support ATC accuracy component of NACP. As there Therefore, this rule requires a NIC of
surveillance, ASSA, FAROA, and other are no ATC separation services less than 0.2 NM.
future ADS–B In applications. requirements for vertical accuracy or
Airbus, ATA, Aviation integrity, the FAA has removed the 5. Surveillance Integrity Level
Communication and Surveillance vertical accuracy and integrity
Systems (ACSS), Boeing, Rockwell- The FAA’s proposal for surveillance
requirement from NACP, NACV, NIC, integrity level stated that the
Collins, United Airlines, and United and SIL in TSO–C154c and TSO–C166b.
Parcel Service (UPS) questioned the surveillance integrity level is based on
necessity of a NACP greater than or 3. Navigation Accuracy Category for both the design assurance level of the
equal to 9. The ARC recommended that Velocity (NACV) ADS–B Out avionics and the position
the FAA institute NACP requirements The NPRM proposed requiring a source. Several commenters, including
based on domains of airspace defined by NACV greater than or equal to 1, which Rockwell-Collins, pointed out that the
different types of operations, with is equivalent to velocity accuracy of less proposed definition was inconsistent
minimum NACP values ranging from 5 than 10 meters per second. with the surveillance integrity level
through 9.30 The ARC also The European Organisation for the definition provided in DO–260A.
recommended that when a NACP greater Safety of Air Navigation Commenters stated that DO–260A
than or equal to 9 is necessary, operators Change 2 defined surveillance integrity
should only be required to equip with 31 ASDE–X is a traffic management system for the level as including only the position
a position source that could meet a airport surface that provides seamless coverage and source. The ARC recommended that the
aircraft identification to air traffic controllers. The FAA use the definition of surveillance
NACP greater than or equal to 9 for 95 system uses a combination of surface movement
percent of an hour and meet a NACP radar and transponder multilateration sensors to
integrity level found in RTCA DO–
display aircraft position.
30 ADS–B ARC Task II Report to the FAA 6 32 ADS–B ARC Report to the FAA Appendix P, 33 A copy of the Separation Standards Working
(September 26, 2008), available on the Web site, Programmatic Decision Analysis (September 26, Group report is available from the Web site http://
http://www.regulations.gov, FAA–2007–29305– 2008), available at http://www.regulations.gov, www.regulations.gov. The docket number for this
0221.1. FAA–2007–29305–0221.1. rulemaking is FAA–2007–29305.
289,34 which also limited the design misleading data must be less than TCAS and transponder use does not
assurance to the position source. 1x10¥5 per hour. The FAA’s TSOs and indicate that dual antennas are
The FAA asserts that the design the corresponding RTCA documents did necessary.
assurance of the ADS–B system needs to not allow for this combination. Airservices Australia and the
represent the complete system, and not Therefore, in developing and issuing Australia Civil Aviation Safety
a single piece of that system, to provide the NPRM, the FAA assumed that most Authority noted that Australia is not
air traffic separation services. The FAA operators, in upgrading their equipment requiring antenna diversity for GA
agrees that the inconsistency between for ADS–B, would equip with a global aircraft. The ARC recommended
the proposed rule and the RTCA positioning system (GPS) 35 that would allowing non-diversity antenna
standard is unworkable; however, RTCA provide a NIC containment radius of installations for VFR aircraft flying
has updated the design assurance 1x10¥7 per hour (a SIL of 3). However, through Class B and C airspace and
requirements in DO–260B and DO–282B to require the associated maximum below 15,000 feet MSL (1090 MHz ES)
to include the entire ADS–B avionics probability of failure causing false or or below 18,000 feet MSL (UAT), but
system, rather than just the position misleading data to be transmitted at not landing at a primary airport. The
source. The ADS–B system includes 1x10¥7 per hour was not only ARC also recommended that the FAA
ADS–B transmission equipment, ADS–B unreasonable but also unnecessary. undertake further studies to assess and
processing equipment, position source, Therefore, the FAA proposed that a SIL validate the need for antenna diversity
and any other equipment that processes of 2 was also acceptable. in low-altitude airspace.
the position data transmitted by the With the separate SIL and SDA values The FAA proposed dual antennas to
ADS–B system. The DO–260B change is available under DO–260B and DO– support ADS–B Out and ADS–B In air-
consistent with the rule. 282B, the rule requires a maximum to-air applications. For ATC
probability of exceeding the NIC surveillance, only a single bottom-
6. Source Integrity Level (SIL) and
containment radius of 1x10¥7 per hour mounted antenna is necessary. The
System Design Assurance (SDA)
or per sample (which equates to a SIL commenters and the ARC identified this
In DO–260A (TSO–C166a) and DO– of 3), and a maximum probability of element of the proposal as requiring
282A (TSO–C154b), SIL was defined as 1x10¥5 per hour of a failure causing significant costs for the GA operators.36
surveillance integrity level and false or misleading data to be The FAA has reconsidered its initial
represented two separate components: transmitted (which equates to an SDA of strategy for launching the ADS–B
(1) The maximum probability of 2). requirements and is adopting the
exceeding the NIC containment radius Changing the proposed probability of performance standards necessary for
and (2) a maximum probability of a exceeding the NIC containment radius ATC surveillance. Therefore, this rule
failure causing false or misleading data from 1x10¥5 per hour or per sample to does not require antenna diversity for
to be transmitted. DO–260B (TSO– 1x10¥7 per hour or per sample should ADS–B to operate in any airspace. This
C166b) and DO–282B (TSO–C154c) not impact NAS users. This is because change does not alter or affect antenna
separate these two components into two currently available ADS–B Out systems diversity requirements for other aircraft
distinct parameters. SIL is now referred using GNSS will provide an integrity systems, such as transponders or TCAS
to as source integrity level and defines metric based on 1x10¥7 per hour. II.
the maximum probability of exceeding Operators should be aware that a dual
the NIC containment radius; SDA now 7. Secondary Position Sources
antenna installation could provide
defines the maximum probability of a The General Aviation Manufacturers additional benefits that are not included
failure causing false or misleading data Association (GAMA), IATA, and in the scope of this rule. Airport surface
to be transmitted. Rockwell-Collins commented that the situational awareness or alerting
The FAA proposed a SIL value of 2 or final rule should specify separate applications may be compromised by a
3. A SIL of 2, as stated in TSO–C166a performance requirements for secondary single-antenna installation. Operators
and TSO–C154b, represented: (1) A position sources in the event that their who equip with a single antenna may
maximum probability of exceeding the primary position source is unavailable. not be able to accrue all available
NIC containment radius of 1x10¥5 per The FAA disagrees that a separate set benefits from some or all future ADS–
hour or per sample; and (2) a maximum of requirements is necessary for B In applications.
probability of a failure causing false or secondary position sources because the While requirements for these
misleading data to be transmitted of rule does not require a secondary applications have not yet been fully
1x10¥5 per hour. source. The NACP, NACV, NIC, SDA and defined, modeling performed by both
A SIL of 3 represented: (1) A SIL requirements in this rule apply the ARC and the FAA has indicated that
maximum probability of exceeding the regardless of the position source in use. a single antenna may not be able to
NIC containment radius of 1x10¥7 per D. Performance Requirements— perform adequately for surface
hour or per sample and (2) a maximum applications. If the FAA, for example,
Antenna Diversity
probability of a failure causing false or issues a future mandate requiring
misleading data to be transmitted of The NPRM proposed that aircraft surface performance capability,
1x10¥7 per hour. meet optimum system performance by operators of single-antenna-equipped
The FAA proposed these two values equipping with both a top and a bottom aircraft may need to upgrade the
for SIL because its separation standards antenna to support ADS–B In avionics installed on their aircraft.
modeling determined that the applications. Operators should also be aware that
Several commenters, including
probability of exceeding the NIC single-antenna installations are not as

containment radius must be less than AOPA, did not support this aspect of capable as dual-antenna installations of
1x10¥7 per hour or per sample and the the proposal because antenna diversity receiving ADS–B messages in an
probability of a failure causing false or significantly increases the cost of ADS–
B. AOPA also noted that historical 36 ADS–B ARC Task II Report to the FAA
34 Minimum Aviation System Performance Appendix T, Antenna Diversity Comments on Cost,
Standards (MASPS) for Aircraft Surveillance 35 GPS is a U.S. satellite-based radio navigation (September 26, 2008), available at http://
Applications (ASA). system that provides a global-positioning service. www.regulations.gov, FAA–2007–29305–0221.1.
environment with a highly congested seconds. The processed information uncompensated latency. Total latency is
spectrum. Because of increasing then would be transmitted in the ADS– defined as the time between when
congestion on the 1090 MHz frequency B message from the ADS–B Out measurements are taken to determine
over time, single-antenna installations broadcast link avionics in less than 1.0 the aircraft’s geometric position
of ADS–B may not be able to achieve the second from the time it was received (latitude, longitude, and geometric
same range for ADS–B In applications as from the navigation sensor. altitude) and when the ADS–B
aircraft with two antennas. Several commenters, including transmitter broadcasts the aircraft’s
This limitation on the upper bound of Airbus, Boeing, EUROCONTROL, position. Under this rule, the total
ADS–B In application range for single- GAMA, and Honeywell, commented latency cannot exceed 2.0 seconds.
antenna installations does not impact that the latency requirements are not Latency is compensated to account for
any of the application benefits cited in well defined, are too stringent, and are the movement of the aircraft while the
this rule. The FAA is actively pursuing not consistent with other standards.37 unit is processing the position
strategies to mitigate spectrum United Airlines and UPS recommended information. The avionics usually
congestion concerns of the 1090 MHz that the FAA specify the accuracy of compensate latency based on velocity
frequency. However, operators position information at the time of but may also compensate based on
employing the 1090 MHz ES broadcast transmission. Boeing and Honeywell acceleration.
link should be aware that future air-to- recommended that the FAA specify Uncompensated latency is defined as
air applications that require longer latency, based on the time of the time the avionics does not
range reception may require dual applicability of the position source. compensate for latency. Under this rule,
antennas or a UAT system. The ARC stated that the FAA should: within the 2.0 second total latency
(1) Specify latency requirements at the allocation, a maximum of 0.6 seconds
E. Performance Requirements— aircraft level, not the equipment level; may be uncompensated latency. The
Transmit Power (2) specify the maximum avionics must compensate for any
The NPRM proposed that aircraft uncompensated latency to minimize or latency above 0.6 seconds up to the
equipped with UAT would have a eliminate installation wiring changes of maximum of 2.0 seconds by
minimum 16-watt transmit power existing ADS–B Out implementations, extrapolating the position to the time of
performance and aircraft equipped with while meeting ATC surveillance transmission.
1090 MHz ES would have a minimum requirements; (3) specify total latency Aircraft velocity, as well as position
125-watt transmit power performance. and uncompensated latency; and (4) accuracy and integrity metrics (NACP,
Some commenters, particularly AOPA, reference latency to the time of NACV, NIC, SDA, and SIL), must be
argued that the proposal was not applicability of the position provided by transmitted with their associated
warranted and imposed unnecessary the position sensor, rather than the time position measurement, but are not
expense. The ARC commented that of measurement. required to be compensated.
using the existing power level without The FAA adopts three of the four ARC
antenna diversity may provide the recommendations. First, the FAA agrees G. Performance Requirements—Time To
performance needed to make broader that latency must be defined at the Indicate Accuracy and Integrity
use of non-diversity antenna aircraft level and not the equipment Changes
installations. level. Second, the latency requirements The NPRM proposed that changes in
The FAA has determined that are set at the maximum value that will NIC and NACP must be broadcast within
reducing the transmit power allow ATC surveillance. Although the 10 seconds. This proposed requirement
requirement would significantly impact latency requirements will drive wiring would bind the latency of the NIC and
the ground infrastructure. The FAA will changes in some aircraft, the NACP, however this requirement would
rely on a series of approximately 800 requirements will minimize the number also bind the maximum amount of time
ground stations to provide ATC of aircraft affected to the maximum an integrity fault can exist without an
separation services throughout the extent possible. Third, the FAA has indication, as an integrity fault is
United States. The ground stations will defined the latency requirements as indicated by changing the NIC and
be placed 150 to 200 miles apart and total latency and uncompensated NACP to zero.
will require the minimum aircraft latency. The FAA does not agree with The ARC, GAMA, and Rockwell-
output power specified in the rule to the fourth recommendation to measure Collins commented that 10.0 seconds is
ensure coverage. Lowering the aircraft latency at the time of applicability. To not enough time to indicate a change in
output power requirements, as do so would place latency requirements the NIC. They specifically noted that
suggested by the commenters, would only on part of the overall system and GNSS position sources use the entire
require the FAA to expand and redesign specifically exclude the position source 10-second allocation, which does not
the ADS–B ground infrastructure. latency. Since the entire system’s allow time for the ADS–B equipment to
Consequently, the power levels remain latency, including the position source, actually transmit the change. Rockwell-
unchanged in the final rule. must be limited to ensure accuracy of Collins, GAMA, and the ARC
the transmitted position the rule recommended instead that changes in
F. Performance Requirements—Total NIC and SIL be broadcast within 12.1
requires latency to be measured from
and Uncompensated Latency seconds.
the position source time of
In the NPRM, the FAA proposed to measurement and not the time of Position sources typically provide an
define latency as the time information applicability. accuracy and integrity metric with each
enters the aircraft through the aircraft This rule specifies two separate position that is output. To allow GNSS-
antenna(s) until the time it is latency requirements: Total latency and based position sources time to detect
transmitted from the aircraft. The FAA and eliminate possible satellite faults,
further proposed that the navigation 37 The commenters specifically referenced the GNSS systems allow the integrity metric
sensor should process information RTCA Airborne Surveillance Applications associated with a position to actually lag
Minimum Aviation System Performance Standards
received by the aircraft’s antenna(s) and and DO–303 Safety ‘‘Safety, Performance and
behind the output of the position. TSO–
forward this information to the ADS–B Inoperability Requirements Document of the ADS– C145/146 and TSO–C196 GNSS systems
broadcast link avionics in less than 0.5 B Non-Radar-Airspace (NRA) Application.’’ have up to 8.0 seconds to alert to an
integrity fault. TSO–C129 systems do determination of GNSS availability. required WAAS (or implied that the
not have an overarching integrity fault Other commenters focused on a positioning service used by the aircraft
time-to-alert requirement, but they do perceived requirement for operators to have an availability equivalent to
have navigation mode specific integrity equip with avionics that had a system WAAS.)
fault time-to-alert requirements. availability equivalent to Wide Area As stated in the NPRM, operators may
Specifically, TSO–C129 systems must Augmentation System (WAAS) 39. equip with any position source.
indicate an integrity fault within 10 Although WAAS is not required, at this
1. Preflight Determination of time it is the only positioning service
seconds in terminal and approach
Availability that provides the equivalent availability
modes.
The requirement to indicate a change The proposal preamble explained that to radar (99.9 percent availability). The
in NIC applies to the time between operators must verify ADS–B Out FAA expects that future position
when a fault-free NIC is transmitted availability before flight as part of their sources such as GNSS using the L5 GPS
with a faulted position and when the pre-flight responsibilities. This is signal, GPS using Galileo signals, and
NIC is updated to indicate the fault. similar to the requirement for preflight GPS tightly integrated with inertial
Thus, the clock to indicate the change determination of availability for certain navigation systems will also provide
in NIC does not start at the onset of the Required Navigation Performance 99.9 percent availability. Operators who
fault, but rather at the broadcast of the (RNP) 40 operations. equip with other position sources, such
faulted position from the ADS–B ATA argued that the process to as non-augmented GPS, may experience
system. Thus, the total time to update determine availability could be time outages that limit their access to the
the NIC is based on the cumulative consuming for operators and that the airspace defined in this rule.
effect of—(1) the position source fault FAA should provide further If an aircraft’s avionics meet the
detection and exclusion time, and (2) justification. Boeing stated that the requirements of this rule but
the worst-case asynchronous NPRM did not include an availability unexpected GPS degradations during
transmission difference between when requirement; therefore, the FAA should flight inhibit the position source from
the fault-free NIC with faulted position correct its statement in the NPRM providing adequate accuracy (within
is transmitted and when the faulted NIC preamble advising operators to make 0.05 NM) and integrity (within 0.2 NM),
is transmitted. this part of their preflight actions. ATC will be alerted via the aircraft’s
The FAA reviewed the separation The ARC recommended that the FAA broadcasted data and services will be
standards work to determine if a 12.0 provide preflight prediction systems provided to that aircraft using the
second delay in the broadcast of an that assess the ability of typical backup strategy. An aircraft that is not
integrity fault would impact separation positioning sources to meet the position equipped to meet the requirements of
standards. The FAA found that no accuracy and integrity requirements. this rule will not have access to the
existing terminal and en route This rule requires operators to meet airspace for which ADS–B is required.
surveillance standards would be the adopted minimum position accuracy The FAA notes that preflight availability
impacted with a 12.0 second delay, and and integrity performance requirements verification eliminates any need for the
thus the rule requires that changes in to operate in the airspace described in system to meet a specified availability
NIC be broadcast within 12.0 seconds. the rule. To facilitate compliance with requirement upon installation.
The ARC, GAMA, and Rockwell- the rule and assist pilots for the flight
Collins also commented that changes in planning, the FAA will provide a I. Performance Requirements—
NACP, NACV, and SIL should be preflight availability prediction service Continuity
broadcast within 3.1 seconds versus by 2013. Therefore, prior to departure, The FAA did not propose a
10.0 seconds. The FAA determined that operators should verify that the continuity 41 requirement in the NPRM.
there is no basis to tighten the predicted performance requirements Several commenters, including Airbus,
requirement. Therefore, the 10.0 second will be met for the duration of the flight. GAMA, Rockwell-Collins, and the ARC,
requirement applies to indicating This service will determine whether suggested that the FAA add a continuity
changes in NACP, NACV, SDA, and SIL. GNSS equipment is capable of meeting requirement. These commenters argued
§ 91.227 position accuracy and integrity that such a requirement would ensure
H. Performance Requirements— requirements for operating in the that an aircraft could continue
Availability airspace defined in this rule. Operators providing the ADS–B information
The FAA did not propose any may also use their own preflight throughout a flight.
availability 38 requirements for this rule. availability prediction tools, provided Aircraft are to meet the performance
The proposed rule generated multiple the predictions correspond to the requirements for the duration of the
comments concerning statements in the performance of their equipment. The operation, not just a portion of the
preamble regarding availability and FAA advises operators to consult flight. The FAA’s preflight availability
whether the FAA should require manufacturers’ information on specific prediction service will help pilots
operators to accomplish a preflight avionics and prediction services. ensure that the aircraft can continue
2. System Availability transmitting ADS–B information
38 RTCA DO–229, Minimum Operational
throughout their planned flight, based
Performance Standards for Global Positioning Numerous commenters, including the on expected operations. Unexpected
System/Wide Area Augmentation System Airborne
Equipment, defines the availability of a navigation
DOD, contended that the proposal
system as the ability of the system to provide the 41 DO–229 defines the continuity of the system as
39 WAAS is a U.S. wide-coverage augmentation
required function and performance at the initiation the ability of the total system (comprising all
of the intended operation. Availability is an system to GPS that calculates integrity and elements necessary to maintain aircraft position
indication of the ability of the system to provide correction data on the ground and uses within the defined airspace) to perform its function
usable service with the specified coverage area. geostationary satellites to broadcast the data to GPS/ without interruption during the intended operation.
Signal availability is the percentage of time that SBAS (Satellite-Based Augmentation System (non- More specifically, continuity is the probability that
navigational signals transmitted from external U.S.)) users. the specified system performance will be
sources are available for use. Availability is a 40 Required Navigation Performance (RNP) is a maintained for the duration of a phase of operation
function of both the physical characteristics of the statement of the total aircraft navigation (presuming that the system was available at the
environment and the technical capabilities of the performance necessary for operation within a beginning of that phase of operation), and predicted
transmitter facilities. defined airspace. to exist throughout the operation.
failures will be accommodated, as defined. UPS and United Airlines The FAA concludes that the
described in the discussion on suggested that the FAA use the ground requirement to transmit aircraft length
availability; therefore, there is no need automation system to accomplish the and width is necessary because this
for a separate continuity requirement. function of this message element. Some message element will be used as an
commenters also contended that this input for ASDE–X systems and allows
J. Performance Requirements—Traffic
message element could require an the FAA to decommission ASDE–3
Information Service—Broadcast
additional user interface, which is not radars 42 that interface with ASDE–X, as
Integrity (TIS–B)
available on current equipment. well as the surface movement radar
The NPRM did not propose any The ARC recommended that the FAA systems that are at certain ASDE–X sites
changes to the standards for TIS–B. clarify the definition of this message without ASDE–3. The length-width
Boeing stated that the FAA’s plans to element and explain how it can be code will be preset when ADS–B
implement TIS–B with a SIL of 0 would implemented without pilot entry. The equipment, meeting the standards in
severely limit its utility for ADS–B In ARC also requested that the FAA TSO–C154c or TSO–C166b, is installed
applications. Boeing recommended that research whether both ‘‘Receiving ATC in the aircraft.
the FAA change TIS–B to provide a SIL Services’’ and ‘‘Mode 3/A Code’’ are ADS–B equipment transmits an
of 2 or greater, to be consistent with the necessary. airborne position message when the
SIL proposed for ADS–B Out. The FAA concludes that ‘‘Receiving aircraft is airborne, and a surface
Honeywell commented that a TIS–B ATC Services’’ is not necessary for ATC position message when the aircraft is on
integrity level should be established for surveillance because this information the ground. Aircraft automatically
value-added, near-term applications. can be directly inferred from the Mode determine airborne or ground status and
The ARC did not specifically comment 3/A code. Furthermore, this message transmit the appropriate message. For
on the TIS–B SIL, but did recommend element could increase costs for an aircraft that are unable to determine
that the FAA include a discussion of the additional user interface. Therefore, this their air-ground status automatically,
FIS–B and TIS–B benefits in the rule does not include ‘‘Receiving ATC the RTCA standards and TSOs allow the
preamble to the ADS–B Out final rule. Services’’ as a required broadcast aircraft to continuously transmit the
The TIS–B system is expected to message element. airborne position message. However, the
support four of the five initial ADS–B In length width code is a required message
applications. The FAA acknowledges 3. Length and Width of the Aircraft
element in this rule, and is only
that future ADS–B In applications may The NPRM proposed requiring a transmitted in the surface position
require improved representation of the message element to broadcast the length message. Thus, to comply with the rule,
position integrity metrics. With the SIL and width of the aircraft. the aircraft must automatically
and SDA changes incorporated in DO– Airbus and EUROCONTROL determine its air-ground status and
260B and DO–282B and possible commented that length and width transmit the surface position message
changes to future versions of DO–317, information is not necessary for which includes the length width code
the FAA plans, outside of this surveillance or airborne ADS–B Out when on the ground.
rulemaking effort, to evaluate the applications. Airbus and an individual
usefulness of the broadcast of integrity 4. Indication of the Aircraft’s Barometric
commenter noted that length and width
parameters from TIS–B. Pressure Altitude
information should be quantified
K. Broadcast Message Elements relative to the aircraft position reference The NPRM proposed a broadcast
point or to a known offset. message that would report the aircraft’s
1. NACP/NACV/NIC/SDA/SIL GAMA and Rockwell-Collins noted barometric pressure altitude. Several
The NPRM did not specifically that the TSOs allow some aircraft to commenters, including the ARC,
propose NACP, NACV, NIC, or SIL as continuously transmit ‘‘in-air’’ because GAMA, Rockwell-Collins, Sandia
broadcast message elements in section 4 these aircraft do not have a means to National Laboratories (SANDIA), and
of appendix H to part 91, Minimum determine their air/ground status. UPS, identified an inconsistency
Broadcast Message Element Set for Rockwell-Collins commented that the regarding the barometric altitude
ADS–B Out. These requirements were rule should require all aircraft to assess message element between the proposed
specified in section 3 of appendix H to their air/ground status and broadcast the rule’s preamble and regulatory text.
part 91, ADS–B Out Performance appropriate set of messages for that The FAA agrees that the NPRM
Requirements for NIC, NAC, and SIL. status. The ARC recommended that the preamble was not completely clear and
Honeywell noted that NACP, NACV, FAA address this issue in the preamble should have better reflected the
NIC, and SIL are required message to the final rule. proposed regulatory text. The proposed
elements in DO–260A. The FAA notes that TSO–C154c and regulatory text stated that the pressure
To resolve any questions, the FAA has TSO–C166b allow the operator to altitude reported for ADS–B Out and
repeated the indications for these determine whether to transmit the Mode C/S transponder is derived from
elements in § 91.227(d)(16) through (19). aircraft’s latitude and longitude the same source for aircraft equipped
In addition, and consistent with TSO– referenced to the GPS antenna location with both a transponder and ADS–B
C166b and TSO–C154c, SIL and SDA or the ADS–B position reference point. Out. The FAA confirms that the
are listed as separate values. The ADS–B position reference point is barometric altitude reported from the
the center of a box, based on the aircraft aircraft’s transponder and ADS–B Out
2. Receiving ATC Services length and width. With the position must be derived from the same source.
The NPRM proposed requiring the offset to the ADS–B reference point, the In addition, the FAA is striking the
message element ‘‘Receiving ATC ADS–B is able to report the position of January 1, 2020 compliance date from
Services.’’ Several commenters, the edges of the aircraft. This rule does proposed § 91.217(b). If an operator
including ACSS, Airbus, Boeing, not require operators to apply the chooses to use ADS–B before January 1,
EUROCONTROL, United Airlines, and position offset because ATC
UPS, commented that this message surveillance does not require a position 42 ASDE–3 is an airport radar that shows to tower
element is unnecessary and poorly offset. controllers the location of aircraft on the surface.
2020, the operator must meet the FAA to monitor in-service performance reporting of aircraft position. If the
provisions of that section. to address NAS inefficiencies and take aircraft’s avionics are not capable of
appropriate corrective actions. This allowing a single point of entry for the
5. Indication of the Aircraft’s Velocity
information may also be used to support transponder and ADS–B Out Mode 3/A
The NPRM proposed a message future ADS–B In applications. This code, the pilot must ensure that
element that would provide ATC with message element was harmonized with conflicting codes are not transmitted to
information about the aircraft’s velocity the international community in the ATC.
and direction. However, the NPRM development of DO–260B and ED– ATC uses the Mode 3/A code to
preamble mistakenly referred to velocity 102A.43 identify aircraft that are under
as airspeed. Several commenters, surveillance and possibly under ATC
including Airbus, the ARC, Rockwell- 7. For Aircraft With an Operable Traffic direction. This identifier is necessary to
Collins, SANDIA, and UPS, Alert and Collision Avoidance System II issue directions to specific aircraft about
recommended that the message element or Airborne Collision Avoidance nearby air traffic. The Mode 3/A code
reflect velocity instead of airspeed. System, Indication If a Resolution and the International Civil Aviation
Rockwell-Collins noted that velocity Advisory Is in Progress Organization (ICAO) 24-bit address are
could be derived from other sources, The NPRM proposed a message duplicative for some functions. This
including an inertial navigation system. element to indicate that a resolution duplication is necessary because many
ACSS, United Airlines, and UPS advisory is in progress. EUROCONTROL current ATC automation systems are not
recommended that the FAA require the recommended that the FAA yet capable of using the ICAO 24-bit
velocity source for ADS–B internationally harmonize this message address. Therefore, the FAA retains this
transmissions to be the most accurate element before adopting the message element in the rule.
velocity source on the aircraft. The ARC requirement. Airbus noted that this
recommended that the issue of velocity 9. Indication of the Aircraft’s Call Sign
element may be achieved with DO– That Is Submitted on the Flight Plan, or
source be referred to RTCA. 260A.
This message element will provide the Aircraft’s Registration Number
Similar to the discussion in II.K.6.
ATC with the aircraft’s velocity, as well (Aircraft Call Sign Requires Flightcrew
above, the message that a TCAS
as a clearly stated direction and Entry)
resolution advisory is in progress will
description of the rate at which an be used by the FAA to monitor in- The NPRM proposed a requirement
aircraft changes its position. The service performance to address NAS for this message element to indicate
velocity must be transmitted with a inefficiencies and take appropriate either the aircraft’s call sign (as
NACV of less than 10 meters per second. corrective actions. This information may submitted on its flight plan), or the
Any velocity source that meets these also be used to support future ADS–B In aircraft’s registration number. An
requirements will comply with this rule. applications. This message element was individual commenter disagreed with
The FAA referred the question on harmonized with the international the required broadcast message element
velocity source to RTCA for further community in the development of DO– for aircraft identity and noted that it
review, as the ARC recommended. 260B and ED–102A. uses unnecessary bandwidth.
RTCA determined that the velocity This message element correlates flight
source must be the same source that 8. Indication of the Mode 3/A plan information with the data that ATC
provides the aircraft’s position, and Transponder Code Specified by ATC views on the radar display, and
included this requirement in DO–260B (Requires Flightcrew Entry) facilitates ATC communication with the
and DO–282B. The NPRM proposed a message aircraft. This message element also will
element to transmit the aircraft’s support certain ADS–B In applications
6. Indication If Traffic Alert and
assigned Mode 3/A transponder code. such as enhanced visual approach.
Collision Avoidance System II or In the final rule, the regulatory text is
Airborne Collision Avoidance System Is Several commenters, including ACSS,
Boeing, SANDIA, and UPS, argued that amended to provide that an operator
Installed and Operating in a Mode That does not need to populate the call sign/
May Generate Resolution Advisory this message element should not be
necessary with ADS–B surveillance, and aircraft registration field for a UAT
Alerts equipped aircraft if he or she has not
suggested deleting the requirement.
The NPRM proposed requiring a GAMA expressed concern that different filed a flight plan, is not requesting ATC
message element that would (1) identify codes in the Mode 3/A transponder and services, and is using a UAT self-
to ATC whether the aircraft is equipped the ADS–B could result in an indication assigned temporary 24-bit address.
with TCAS II or ACAS and (2) identify of a traffic conflict. GAMA specifically Although the FAA does not prohibit the
whether the equipment is operating in recommended a one code entry or anonymity feature, operators using the
a mode that could generate resolution revising the automation to resolve anonymity feature will not be eligible to
advisory alerts. Airbus asked for more conflicting information. Airbus and the receive ATC services, may not be able
information on why this message ARC supported this message element to benefit from enhanced ADS–B search
element is required. EUROCONTROL requirement and the ARC requested and rescue capabilities, and may impact
commented that this message element more information on its intended use. ADS–B In situational awareness
should be internationally harmonized The FAA has determined that the benefits.
before the FAA adopts this requirement. same ATC-assigned Mode 3/A code
UPS asked whether this message should 10. Indication If the Flightcrew Has
must be transmitted by both the Identified an Emergency, Radio
be indicated if the TCAS II is operated transponder and the ADS–B Out
in the traffic advisory mode. The ARC Communication Failure, or Unlawful

message. If the code transmitted by Interference (Requires Flightcrew Entry)
sought to retain this message element, ADS–B differs from the Mode 3/A code
but asked the FAA to clarify its transmitted by the transponder, it could The NPRM proposed this message
intended use in the final rule. result in duplicative codes or inaccurate element to alert ATC that an aircraft is
The TCAS installed and operating in experiencing emergency conditions.
a mode that can generate a resolution 43 EUROCAE MOPS for 1090 MHz Automatic Airbus asked the FAA to clarify which
advisory message will be used by the Dependent Surveillance-Broadcast (ADS–B). emergency/priority codes are required.
The ARC recommended that the FAA list and description of the different to confirm accuracy and identify
explain in the final rule the emergency emitter categories. Emitter category is discrepancies between geometric
status requirement and describe how it set during installation of the ADS–B altitude and barometric altitude.
will be used. avionics in the aircraft and will not Additionally, the FAA will integrate
This message element alerts ATC that change over time. this comparison function into a
the aircraft is experiencing emergency continuing airworthiness monitoring
conditions and indicates the type of 13. Indication Whether an ADS–B In
function.
emergency. Both TSO–C154c and TSO– Capability Is Installed
C166b identify six unique emergency The NPRM proposed this message L. Ability To Turn Off ADS–B Out
codes. All emergency codes may be element to indicate to ATC whether a Transmissions
transmitted. Under this rule, only cockpit display of traffic information The NPRM proposed requiring a pilot
emergency, radio communication (CDTI) 45 is installed and operational. to turn off ADS–B equipment if directed
failure, and unlawful interference are Several commenters, including Boeing, by ATC, for example, if the ADS–B unit
required. This information will alert EUROCONTROL, and SANDIA, was broadcasting erroneous
ATC to potential danger to the aircraft commented that this message element information.
so it can take appropriate action. was poorly defined, difficult and The ARC, Boeing, United Airlines,
Message elements for minimum fuel, expensive to implement, and of little and UPS recommended eliminating the
downed aircraft, and medical value to ADS–B In applications and requirement to turn off ADS–B Out
emergency are not required by this ATC surveillance. UPS asked whether a transmissions. A few commenters,
rule.44 ADS–B equipment may message is required when a CDTI is including British Airways, were
automatically set these required installed but not operating. The ARC concerned that being able to turn off
emergency conditions based on the recommended that the FAA clarify the ADS–B Out, while keeping the
Mode 3/A code. use of this data element. transponder on, could require
RTCA updated the definition of this additional design changes and increase
11. Indication of the Aircraft’s ‘‘IDENT’’ message element in DO–260B and DO– costs because most existing equipment
to ATC (Requires Flightcrew Entry) 282B. The FAA adopted these updates is not capable of operating in this
The NPRM proposed this message in TSO–C166b and TSO–C154c. This manner. Boeing stated that eliminating
element to help controllers quickly message element now indicates which erroneous ADS–B transmissions could
identify a specific aircraft. United aircraft are capable of receiving ADS–B be accomplished by turning the
Airlines and UPS commented that they In services and therefore require TIS–B transponder off or having a capability
believe controllers use the ‘‘IDENT’’ and ADS–R transmissions from the within the ground system to allow the
function to attain aircraft identification ground. Under the new definition, this controller to manually remove selected
information. They noted that future message element now indicates whether targets. Rockwell-Collins recommended
identification systems should include an ADS–B In capability is installed in that the FAA require the ADS–B
aircraft information; therefore, they the aircraft, but does not require a report equipment to detect failures and disable
believed this element is not necessary. of operational status. ADS–B Out transmissions of erroneous
FreeFlight commented that ‘‘IDENT’’ data.
should be retained. The ARC 14. Indication of the Aircraft’s
Geometric Altitude The FAA modified the ground
recommended that the FAA clarify how automation system to be able to exclude
the ‘‘IDENT’’ requirement will be used. The NPRM proposed a message incorrect ADS–B data. With this
The ‘‘IDENT’’ function is used element indicating the aircraft’s enhancement to the automation, the
regularly in current ATC operations to geometric altitude. aircraft does not need to have a
help controllers quickly identify a Several commenters, including capability for a pilot to disable ADS–B
specific aircraft. The ‘‘IDENT’’ feature Airbus, Boeing, Dassault, the European transmissions. Therefore, the final rule
also allows ATC to quickly identify Business Aviation Association (EBAA), does not require the pilot to be able to
aircraft that have entered incorrect flight EUROCONTROL, Honeywell, and turn off ADS–B Out transmissions.
identification or Mode 3/A codes. The Rockwell-Collins, commented on the
FAA is adopting this message element proposed requirement. Most of the M. Existing Equipment Requirements
in this rule. commenters questioned this message 1. Transponder Requirement
element and stated that neither ATC
12. Indication of the Emitter Category surveillance nor ADS–B In require The NPRM specified that the proposal
The NPRM proposed requiring a geometric altitude. Dassault, EBAA, for ADS–B equipage would not alter
message element for an aircraft’s emitter EUROCONTROL, and Honeywell existing transponder regulations.
category. supported this message element. The Several organizations and individuals,
EUROCONTROL questioned the ARC recommended that the FAA justify including AOPA, opposed adding ADS–
business case behind this requirement. the need for this message element. B Out performance requirements
UPS asked that the FAA better define Geometric altitude is the height of the without removing the transponder
the emitter categorizations in the final aircraft above the World Geodetic requirement. ATA and Boeing requested
rule. System 84 ellipsoid, which is a that the FAA make a commitment to
This message element is necessary for scientific approximation of the earth’s remove transponders. Several
ATC separation services and wake surface. This message element will be organizations and individuals further
turbulence separation requirements. used within the ADS–B ground system commented that the FAA should pursue
TSO–C166b and TSO–C154c provide a an ADS–B based collision-avoidance

45 CDTI is a generic display that provides a flight system and reconsider the backup
44 Mode A codes 7700, 7600, and 7500 currently crew with traffic surveillance information about strategy, which is based on secondary
are reserved for these emergencies. See Annex 10 other aircraft, surface vehicles, and obstacles, surveillance systems. ALPA supported
to the Convention on International Civil Aviation including their identification, position, and other
Aeronautical Telecommunications, Volume 4, message set parameters. CDTI information would
the FAA’s plan to retain transponders.
Surveillance and Collision Avoidance Systems, 4th commonly be displayed on a Multifunction Display The ARC made multiple
Edition, July 2007. (MFD). recommendations associated with
transponder removal: (1) The ADS–B MHz). The FAA recognizes the value of the FAA allow operators to use existing
implementation strategy should include a ground application that could allow equipage to accrue early benefits.
the removal of transponders from low- for timely and accurate flight tracking of Specifically, the ARC recommended
altitude aircraft without an ACAS; (2) downed aircraft and is evaluating this that the FAA: (1) Take advantage of
the FAA should commit to a strategy for capability separate from this existing 1090 MHz ES-equipped aircraft
achieving transponder removal from rulemaking. and allow their operation in the Gulf of
low-altitude domestic aircraft; and (3) The FAA considered the ARC Mexico for non-radar airspace and (2)
the FAA should study whether ACAS recommendation to evaluate the transition to a fully functional ADS–B
can be modified to use ADS–B as the feasibility of replacing the ELT with the Out capability enabled by DO–260B,47
primary surveillance data for collision ADS–B system. However, the FAA has to allow access to the additional
avoidance, as well as what ACAS determined that ADS–B is not a feasible applications and services for ADS–B In.
upgrades are required to support replacement for the ELT, as discussed The ARC also recommended that the
NextGen. above; therefore, the FAA does not plan FAA adopt the European Aviation
Removing the transponder to undertake such a study at this time. Safety Agency (EASA) Acceptable
requirement would involve substantial Means of Compliance 20–24 (permitting
N. Program Implementation the use of early DO–260 avionics for
changes to the ADS–B backup strategy
and TCAS II/ACAS, which are outside 1. Timeline separation) in non-radar airspace, with
the scope of this rulemaking. appropriate measures to ensure ADS–B
The FAA proposed that all aircraft
Transponders will still be required integrity.
operating in the airspace areas specified After reviewing all the comments, the
when the backup surveillance strategy in the rule meet the performance
using SSR is necessary and to interact FAA finds that a 2020 compliance date
requirements by January 1, 2020. remains appropriate because NAS users
with TCAS- and ACAS-equipped The majority of commenters
aircraft. Separate from this rulemaking, need time to equip to the requirements
recommended various options for the of the rule. Most air carriers can use
the FAA may consider (in coordination implementation of ADS–B, including
with the appropriate surveillance and regularly scheduled maintenance to
the discontinuation of secondary and/or install or upgrade their equipment. The
NextGen planning organizations), primary radar systems once ADS–B is
whether transponders could eventually FAA also expects that this timeframe
operational NAS-wide. Some will provide sufficient operational
be removed and, if so, what steps are commenters, including AIA and AOPA,
necessary to accomplish this. experience to make ADS–B the primary
requested that the FAA provide certain source for surveillance in 2020.
2. Emergency Locator Transmitter basic levels of ADS–B service for several FIS–B and TIS–B services are already
Requirement years before the ADS–B compliance available in several areas of the country
date. for ADS–B In-equipped aircraft and will
The NPRM did not propose any
Several commenters, including ALPA continue as an integral part of the
changes to the emergency locator
and the National Transportation Safety implementation of the ADS–B ground
transmitter (ELT) 46 requirements.
Board (NTSB), suggested that the infrastructure. NAS-wide ground
Several commenters, including ATA
compliance date or service provision of infrastructure implementation is
and the National Business Aviation
ADS–B occur sooner than 2020, to scheduled to be complete in 2013,
Association (NBAA), argued that ADS–
obtain benefits more quickly. United which would provide operators with at
B should be used instead of an ELT, and
Airlines recommended a 2015 least 7 years of operational experience
that ELT requirements could be
compliance date for operations above FL with these services before the ADS–B
included in this rule. AOPA also
240. The Cargo Airline Association compliance date of 2020.
recommended a long-term strategy to
(CAA) recommended lower performance The FAA examined whether it is
include ELT removal, and stated that
requirements for a 2015 compliance operationally feasible and economically
ADS–B could enhance current search-
date. Several commenters, including the beneficial to use DO–260 avionics in
and-rescue procedures to increase the
Aircraft Electronics Association, FedEx, radar and non-radar airspace before
number of successful rescues.
The ARC recommended that the FAA and the National Air Carriers 2020. From an operational perspective,
explore whether an ADS–B tracking Association, suggested extending or the FAA found that the existing DO–260
service also could be used for search adding flexibility to the 2020 equipment does not meet the
and rescue to aid in crash locating. The compliance date. surveillance needs for ATC in the
Numerous commenters, including United States for various reasons: (1)
ARC also recommended that the FAA
ATA, Boeing, IATA, and Rockwell- DO–260 avionics do not independently
conduct a study considering an ADS–B-
Collins, suggested a two-phased report the accuracy and integrity
based search-and-rescue solution that
implementation strategy. The first phase metrics; (2) DO–260 avionics allow the
would enable removal of 121.5 MHz
would use existing equipment, avionics integrity metric to be populated with
ELTs for certain domestic operations.
The FAA has determined that the standards, and capabilities, which accuracy information during integrity
ADS–B system currently cannot replace would allow industry and the FAA to outages, which is unacceptable for
the ELT function. The ADS–B system is demonstrate, validate, and evaluate aircraft separation services; (3) DO–260
not required to be crashworthy and, ADS–B applications. After operational avionics do not include a message
thus, may not be operable or able to experience in the first phase was element for Mode 3/A code, which is
transmit following an aircraft accident. sufficient to generate the appropriate necessary for aircraft surveillance; and
standards, the second phase would (4) the majority of existing DO–260
Additionally, current search-and-rescue

technology is not compatible with ADS– establish a mandate for ADS–B Out installations were accomplished on a
B operations because ELTs broadcast on performance standards. Some noninterference basis under the
121.5 or 406 MHz (not 1090 or 978 commenters suggested that the second transponder approval guidelines. (This
phase be a combined ADS–B In and certification verifies that the equipment
46 An ELT is an electronic battery-operated ADS–B Out rule.
transmitter developed as a means of locating The ARC endorsed the proposed 2020 47 The ARC recommended DO–260A Change 3,
downed aircraft. compliance date, but recommended that which is DO–260B.
is safe onboard the aircraft, but does not variety of equipage among current DO– the emergency medical services
issue any approval that would permit its 260 users. Although approximately community and encourage ADS–B
use for ADS–B operations.) 7,500 aircraft in the United States equipage.
Therefore, the FAA concluded that transmit some ADS–B data that would ATA, CAA, the National Air
without upgrades to the equipment, the conform to DO–260, only about 1,500 Transportation Association, NBAA, and
use of DO–260 avionics will not meet aircraft transmit enough data to be UPS recommended specific operational
the surveillance needs in the NAS. useful for 5 NM separation in the Gulf incentives for early equipage, including:
Furthermore, without appropriate of Mexico and input into ATC decision (1) Implementing ADS–B in under-used
integrity monitoring, DO–260 avionics support tools (URET and TMA).51 Many areas of the NAS, (2) providing
cannot be used for separation of aircraft. DO–260 operators would require some preferential access to congested
Its utility would be limited to upgrade costs to bring their existing airspace, (3) deploying the necessary
potentially reducing separation in non- systems into compliance with a unified ADS–B infrastructure for traffic crossing
radar areas, or increasing efficiency in standard; these would be in addition to the Gulf of Mexico, and (4) providing
radar airspace through more timely the costs incurred for taking aircraft out services for on-demand operators at
updates of information. of service for certification. Although the small community airports.
Further analysis addressed whether user costs were not thoroughly assessed Some commenters, including AOPA,
existing DO–260 avionics could be by the ARC, the FAA estimated the costs HAI, and CAA, recommended financial
beneficial to provide separation services at $15,000 per aircraft.52 incentives or tax credits for ADS–B
in the Gulf of Mexico, or to provide Given the above, the FAA could not equipage.
efficiency benefits through improved justify the proliferation of avionics for The following activities are scheduled
performance of User Request Evaluation the short-term that would not be to be complete by 2013:
Tool (URET) 48 and Traffic Management compliant with the final rule in 2020. • Ground infrastructure coverage
Advisor (TMA). Therefore, the agency concluded that needed for the mandated airspace,53
To use DO–260 avionics in the Gulf the public interest was not best served • ADS–B interface to automation
of Mexico, the FAA estimated it would by using DO–260 avionics for ADS–B systems,
incur approximately $4 million in costs applications in radar and non-radar • Guidelines for equipment
to upgrade the automation; would need airspace before 2020. certification,
to provide additional ground stations 2. Financial and Operational Incentives • Operations Specifications approval,
and receiver autonomous integrity • Approval to use ADS–B to meet
monitoring (RAIM) predictions; would Numerous commenters, including established separation standards,
need to develop procedures; and would AIA, the ARC, and NBAA, • ATC operational procedures for
recommended a variety of financial and non-radar airspace that has ADS–B
need to address aircraft certification
operational incentives to make ADS–B coverage, and
issues.49 Comparatively, the FAA
more cost-beneficial for the end user. • FAA controller training and
concluded that benefits from this action
Some commenters specifically procedures.
would only recover approximately 70
recommended that the FAA offer The ADS–B program is currently
percent of the costs.
additional incentives for operators who funded and designed to provide services
The costs associated with using
adopt early. NBAA recommended in parts of Alaska, the Gulf of Mexico,
existing DO–260 avionics relative to
accelerated operational benefits to and areas in the NAS where radar
improved performance of URET and
encourage early installation of ADS–B coverage currently exists. Additionally,
TMA were estimated at $31 million and
equipment. Several commenters stated actual ADS–B coverage may exceed the
the estimated benefit in performance
that without operational incentives, defined radar coverage at lower
was $72 million. While this analysis
aircraft operators with legacy equipment altitudes in some areas. The FAA cannot
indicated that the benefits of improved will delay upgrades until the mandated
URET and TMA performance outweigh assess, however, the extent of this
compliance date. coverage or its potential use for the
the costs of accommodating DO–260 AOPA and the Helicopter Association
equipped aircraft,50 the FAA found that ADS–B service until the ADS–B
International (HAI) recommended implementation is complete in 2013.
it raised some policy concerns. several operational improvements and
First, the FAA does not expect to have The FAA acknowledges that the ADS–
safety enhancements for ADS–B, B system could be improved by
the full NAS-wide ADS–B infrastructure including: (1) Flight following and radar
completed for this effort until 2013. As expanding the surveillance coverage of
services at lower altitudes, (2) terminal
the ADS–B rule would go into effect in ADS–B to non-radar airspace. The
ATC services at GA airports,
2020, any benefits accrued through the improved accuracy and update rate
(3) automatic instrument flight plan
use of DO–260 avionics would only be afforded by ADS–B provides the ability
closure, (4) instrument flight rules (IFR)
available for approximately 7 years. to improve future NAS operations. As
low altitude direct routing, (5) enhanced
Operators would be required to make a the number of projected flight
flight service information, and
second investment in avionics to operations continues to increase,
(6) improved real time weather. HAI
comply with the rule in 2020. efficiency improvements to the NAS are
also recommended that the FAA install
Second, a collection of broadcast critical to addressing new demands.
ground stations near hospitals and
samples indicated that there is a wide Therefore, the FAA will continue to
trauma centers to maximize benefits for
explore opportunities to use the ADS–
48 URET is an air traffic control tool that assists
51 A copy of the Honeywell Technology Solutions B infrastructure to provide additional
controllers with timely detection and resolution of Inc. DO–260 study is available from the Web site coverage in non-radar areas. The FAA
predicted air traffic problems. http://www.regulations.gov. The docket number for also notes that ADS–B implementation
49 A copy of the DO–260 Business Case Analysis
this rulemaking is FAA–2007–29305. will not affect flight following services
is available from the Web site http:// 52 The DO–260 Business Case Analysis assumed
www.regulations.gov. The docket number for this the cost of $15,000 to upgrade an aircraft equipped
in effect today.
rulemaking is FAA–2007–29305. with DO–260 only. The cost does not include all
50 The analysis concluded that it was not cost- costs to meet the rule. The cost was used for the 53 The planned ADS–B service coverage is
beneficial to use DO–260 avionics in the Gulf of DO–260 Business Case Analysis and not used in the explained in greater detail at http://www.adsb.
Mexico prior to 2020. Regulatory Impact Analysis. gov/.
The FAA is actively pursuing trauma centers) to help determine service. However, the FAA realizes that
agreements with airlines, avionics surveillance needs and opportunities. TIS–B may still have value after 2020 as
manufacturers, airports, and other NAS ADS–B can provide surveillance at a backup traffic service for ADS–B In
users to encourage early equipage of lower altitudes than radar. Moreover, aircraft during GNSS outages or when
ADS–B. These agreements incorporate a ADS–B infrastructure is more easily an individual target’s ADS–B system is
variety of items, including: (1) The deployed than most radar in remote and inoperative. Thus, the FAA, outside of
possibility of developing preferred hard-to-reach areas. The flexibility this rulemaking effort, will evaluate the
routes and cost sharing for avionics in associated with implementing ADS–B benefits of continuing TIS–B past the
testing new applications, and (2) early can facilitate service by helicopters to 2020 rule compliance date.
equipage and experience with advanced certain communities. Deployment of
ADS–B systems on medical, police, or O. Safety
ADS–B applications that are not
available to non-equipped aircraft. tourist helicopters could provide a level Several commenters, including
The FAA currently has several of asset tracking and search-and-rescue AOPA, the ARC, and Boeing, suggested
agreements with airlines and state capability that would be difficult to that the FAA expand the ADS–B service
entities specifying that the FAA may replicate with existing surveillance volume and ensure that TIS–B, FIS–B,
enable benefits in exchange for early systems. The FAA has already and ADS–R are included in the ADS–B
ADS–B equipage. Additionally, the developed agreements with HAI to expanded coverage area.
support operations in the Gulf of Some commenters believed that
FAA, HAI, and oil platform owners have
Mexico. The FAA is open to reducing primary radars would reduce
an agreement for the Gulf of Mexico by
implementing similar agreements as safety. These commenters noted that
which the FAA is providing
opportunities for ADS–B service primary radar is important to track
communication, navigation, and
expansion present themselves. aircraft without ADS–B. They also
surveillance for ADS–B-equipped
While this rule does not mandate recommended that the FAA continue
helicopter operators.
ADS–B equipage in all airspace requiring transport category aircraft to
The FAA and UPS have an agreement equip with Mode S transponders and
for testing and developing merging and classifications, the FAA is analyzing
whether ADS–B services can be TCAS II as an independent collision
spacing, CDTI/Multi Function Display avoidance system. Some commenters
Assisted Visual Separation (CAVS), and expanded to provide improved safety
and capacity enhancements for low argued that the complexity of the
surface situational awareness ADS–B system poses a collision risk.
applications in an environment that altitude flight operations and airports
underlying non-mandated airspace. The Other commenters noted that ADS–B
provides measurable benefits. In cockpit displays can be confusing
Additionally, the FAA is working with FAA will work with users to identify
new candidate airports for these and distracting, which may cause a pilot
Honeywell and ACSS to accelerate to lose situational awareness. They
ASSA, FAROA, and surface indication services. This activity will continue
throughout the initial implementation added that the FAA should evaluate the
and alerting applications. CDTI to understand the additional
period and post 2013 when the
The FAA is working with US Airways monitoring responsibility and workload
nationwide ADS–B infrastructure is
to develop a work plan for placed on the flightcrew. One
expected to be available NAS-wide.
implementing ADS–B/NextGen The extent to which ADS–B can individual contended that ADS–B will
technologies and procedures in parts of contribute to operations in special use increase a pilot’s dependence on cockpit
the East Coast as a prelude to national airspace is still being studied; however, equipment and reduce the pilot’s
implementation. In addition, the FAA the FAA is committed to examining any tendency to look outside the aircraft.
has an agreement with United Airlines proposals for the use of ADS–B outside Another individual commenter asked
to expedite oceanic in-trail procedures of the scope of implementation for data to prove that ADS–B will not be
development. The FAA is also working described in this rule. susceptible to own-ship ghosting or
with NetJets on several NextGen target duplication. (‘‘Own-ship ghosting’’
initiatives for performance-based 3. Decommissioning Traffic Information is a term that is used to describe a traffic
navigation, communication, and Service–Broadcast (TIS–B) display showing one’s own aircraft as an
surveillance applications. In the NPRM preamble, the FAA actual target. Ensuring targets that are
The FAA has established an ADS–B noted that once all aircraft are equipped transmitting ADS–B are not also
compatible Wide Area Multilateration with ADS–B Out, ADS–R will provide transmitted as TIS–B targets helps
system in the mountainous areas of the complete traffic picture and the FAA reduce the chances of seeing one’s own
Colorado pursuant to an agreement with will decommission TIS–B. aircraft as a target on the display.)
the Colorado Department of A few commenters, including the The final rule does not eliminate the
Transportation. The FAA continues to DOD, questioned the assumption that all requirement for transponders, TCAS, or
examine different areas of the country to aircraft would be equipped for ADS–B primary radars. The FAA notes that any
determine opportunities for surveillance Out. Rockwell-Collins recommended aircraft required to have TCAS II or
service expansion and is continuing to retaining TIS–B after the ADS–B ACAS, or that voluntarily has TCAS II
work with various state aviation offices. mandate takes effect, because it or ACAS installed, must also be
In addition, the FAA continues to provides a critical support for ADS–B equipped with a Mode S transponder.
examine opportunities to provide ADS– airborne applications. This generally includes all aircraft
B services in areas that would benefit The original purpose of TIS–B was to operated under 14 CFR parts 121, 125,
from increased surveillance. The FAA provide proximate traffic information to and 129, and certain aircraft operated
does not currently have a list of airports ADS–B In-equipped aircraft about under 14 CFR part 135.
that are targets for ADS–B expansion. targets that were not equipped with Mode S transponders transmit both
However, the FAA has started to ADS–B. When this rule takes effect in aircraft altitude and aircraft
identify areas that would benefit most 2020 aircraft operating in the airspace identification information. Both Mode
from ADS–B services. The FAA subject to this rule must be equipped A/C transponders and Mode S
encourages cities, states, airports, and with ADS–B, thus theoretically transponders require interrogation to
private interests (such as hospitals and eliminating the need for the TIS–B provide information. ADS–B In Conflict
Detection does not replace the functions that a decrease in en route separation of 1. Improved Position Reporting
of TCAS II or ACAS; however, future aircraft will decrease delays or increase According to operational
versions of hybrid surveillance systems airspace capacity. Two commenters evaluations,54 ADS–B provides
may use passive ADS–B messages to argued that the FAA has not improved accuracy over radar in most
reduce unnecessary interrogations and, demonstrated that system choke points air traffic scenarios. While some
thus, reduce 1090 MHz spectrum can handle the increased capacity if en terminal radars can provide increased
congestion. route separation is reduced. accuracy the closer the aircraft is to the
As stated in the NPRM, the FAA is
Other commenters, including the receiver, ADS–B provides consistent
maintaining its current network of
National Air Traffic Controllers position accuracy regardless of the
primary radars. However, the FAA
Association, argued that reducing aircraft’s range from a receiver. ADS–B
expects to reduce a large percentage of
separation will not mitigate commercial also provides more timely information
its secondary radars as a result of this
traffic delays caused by an inadequate updates than conventional radar. Unlike
rule. Both primary surveillance radar
number of runways, weather, hub-and- radar, the accuracy and integrity of
and SSR will continue to be used for
surveillance during the transition period ADS–B Out is uniform and consistent
spoke operations, or airline scheduling
of ADS–B avionics equipage. throughout the service areas. Therefore,
practices. Era Corporation
The benefits of certain ADS–B In ATC’s ability to accurately identify and
recommended that the FAA improve the
applications cannot be fully realized in locate aircraft that are further away from
infrastructure at small airports to relieve the air traffic control facilities will be
areas where there is no ADS–B congestion. Boeing stated that ADS–B
coverage; however, the lack of ADS–B better than radar.
alone will not lead to the advances ADS–B does not scan an environment
surveillance or ADS–R does not present required by NextGen.
a safety risk. When an aircraft is outside in the same way as radar; therefore,
of the ADS–B coverage area, the ADS– The FAA has consistently stated that ADS–B does not provide unnecessary
R/TIS–B system will inform the pilot ADS–B will not produce a complete returns based on weather or other
that the traffic picture is not complete. NextGen air traffic management obstructions, which can impede the
In all areas, regardless of ADS–B solution, but rather will set the initial effectiveness of primary radars.
coverage, pilots will use the same steps to achieving a NextGen solution. ADS–B provides consistent,
procedures they have today to maintain The airport infrastructure is a crucial frequently updated position reporting
safe separation of aircraft. TIS–B and component of the NAS. Efficiency and and additional aircraft information for
FIS–B services are advisory and cannot capacity of the NAS can be positively ATC decision-support tools, which
be used to maneuver an aircraft without affected by improving the efficiency of increases ATC confidence in aircraft
ATC clearance. The FAA will position. This will allow ATC to apply
individual flights and improving the
investigate ADS–B service expansion as existing separation standards more
quality of input to air traffic controllers.
part of the ADS–B NAS-wide exactly and without the need for ATC to
ADS–B can help maximize the use of
implementation. correct for possible radar inaccuracies.
existing airport infrastructure. The The regulatory evaluation provides
With regard to the comment regarding ability to transmit ADS–B Out messages
own-ship ghosting, the ADS–B system more discussion on the benefits of
can increase the efficiency of the NAS improved surveillance information.
minimizes the chance of target in radar airspace by providing accurate
duplication because it will not transmit 2. Optimized Profile Descents (OPDs)
updates at a faster rate than many
TIS–B data on a target that is
existing surveillance systems. This The FAA plans to use the information
broadcasting ADS–B. This is because
increased update rate permits ATC to broadcast by ADS–B to better sequence
ADS–R is designed to relay information
about aircraft transmitting on a different merge and sequence aircraft more aircraft approaching the terminal area
broadcast link, and TIS–B is designed to effectively into existing airport choke with the development of a Merging and
relay information only about aircraft not points, which should mitigate, rather Spacing application. This ground-based
broadcasting ADS–B messages. than increase, congestion and delay. system sends precise suggested speed
This rulemaking only mandates ADS– This rule’s regulatory evaluation does instructions to en route aircraft. These
B Out, which does not involve any not include any benefits that are exact-speed instructions should allow
requirements for a cockpit display. dependent on, or attributable to, other aircraft to arrive at extended terminal
Before any mandate of ADS–B In, the NextGen systems outside the scope of area merge points at times that are much
FAA will conduct extensive safety this rulemaking. more precise than currently feasible.
analysis and training. The current ADS– As part of the Merging and Spacing
The FAA expects that ADS–B Out application, the FAA is developing both
B Out rule does not eliminate or reduce will enable the establishment of more
the requirement under § 91.113 for a ground tool and aircraft requirements
direct routes outside airspace subject to that can be used to optimize aircraft
pilots to see and avoid other aircraft. this rule, which would use less fuel, spacing. In addition to other airspace
P. Efficiency emit less carbon dioxide and nitrogen efficiencies, this tool will enable a fuel-
In the NPRM preamble, the FAA oxide, and increase NAS efficiency. The saving procedure called Optimized
stated that ADS–B will enhance ATC FAA is currently developing specific Profile Descent (OPD), previously
surveillance, which will increase ADS–B routes for certain areas that have referred to as Continuous Descent
airspace efficiency and capacity to meet the potential for significant benefits Arrivals (CDAs).
the predicted demand for ATC services. (airspace off the shore of the east coast OPDs are a type of terminal arrival
Several commenters, including the and over the Gulf of Mexico). The FAA procedure, specifically designed to keep
Airports Council International—North expects that other opportunities for an aircraft at, or near idle power during
America (ACI–NA), Boeing, and FedEx, routes enabled by ADS–B will emerge as
54 Surveillance and Broadcast Services Systems
commented on the anticipated the ground infrastructure is
Engineering Separation Standards Working Group,
efficiency improvements stated in the implemented NAS-wide. Final Report on Operational Evaluation of 5 NM
NPRM. Some commenters contended ADS–B to Radar Separation Services in Alaska,
that the proposed rule did not prove November 30, 2006.
the entire arrival until the final route separation standards. ADS–B ADS–B package with avionics and
approach fix.55 These procedures position accuracy supports current procedures to support NextGen and the
increase flight efficiencies while surveillance standards. Experience with Single European Sky Air Traffic
reducing noise, fuel consumption, and the mature system may allow reductions Management (ATM) Research Program.
emissions. OPDs eliminate step-down at a future time. The FAA plans to The ARC recommended that the FAA,
altitudes and the associated inefficient expand 3 NM separation to locations in in partnership with industry, define a
power adjustments. OPDs depend on the NAS that currently only permit 5 strategy for ADS–B In by 2012 and
minimal aircraft vectoring to maintain NM separation. Currently, the FAA is ensure that the strategy is compatible
the arrival pattern. Therefore, aircraft modeling several scenarios to determine with ADS–B Out avionics. The ARC also
must be accurately metered with ADS– if ADS–B can support 3 NM en route recommended that the FAA describe
B-enabled spacing and sequencing tools separation based on a target level of how to proceed with ADS–B In beyond
prior to and during descent and safety. The FAA will not move forward the voluntary equipage concept
approach. with reduced separation until all safety discussed in the NPRM.
Below a certain level of demand, and operational analyses have been A few commenters, including NBAA,
controllers can authorize OPDs using completed and ADS–B has been praised the benefits of ADS–B and
current onboard equipment and certified to perform this service. recommended that the FAA resolve
procedures. As the terminal demand ADS–B In display requirements,
4. Expanded Surveillance Coverage
increases, it becomes progressively more including human factors. The NTSB
difficult for controllers to allow OPDs In the future, there may also be an stated that ADS–B would significantly
because of interference with other traffic opportunity for ATC to use ADS–B Out improve situational awareness for
flows in the airspace. As demand data for surveillance in areas of the NAS pilots, especially during ground
approaches capacity, the tradeoff below the floor or outside the lateral operations. GAMA recommended that
between total airport throughput (and coverage of existing radar surveillance. the FAA not limit display options in the
delays) and individual flight profile The FAA does not yet know where in final rule.
efficiency (that is, OPDs) would most the NAS this extra coverage might be The FAA fully recognizes that
likely prohibit OPDs for very high traffic available. This information will likely ADS–B In and other future air-to-air
density situations. This situation will be not be available until ADS–B applications are functions that could
aggravated over time as air traffic surveillance has already been provide substantial benefits to aircraft
implemented in a service area. As the operators and the NAS. While
resumes growth and terminal airspace
FAA identifies areas with additional additional benefits can be accrued using
constraints increase.
coverage, the FAA will investigate how ADS–B In functions, requirements for
Many airports start to exhibit
this additional coverage could be used. an ADS–B In system are not sufficiently
significant delays when demand reaches
approximately 70 percent of capacity. Q. ADS–B In defined to implement them at this time.
The proposed FAA spacing tool, using ADS–B Out is necessary to establish
Many commenters, including ACSS, an air transportation infrastructure that
more accurate ADS–B position ALPA, CAA, Lockheed Martin, the
information, would enable OPDs in is consistent with the NextGen plan and
NTSB, and UPS, commented that the
medium-density terminal airspace when will change the way the NAS operates.
majority of the ADS–B benefits will be
the demand approaches the point where Further, the economic evaluation of the
derived from ADS–B In. Numerous
delays would be encountered. The FAA ADS–B Out proposal found the system
commenters asserted that ADS–B Out
believes that ADS–B Out can expand to be cost-beneficial if ADS–B Out
alone would not be cost-beneficial or
use of OPDs into medium levels of avionics costs are at the low end of the
provide them with any added benefits
traffic density (40 percent to 70 estimated cost range and if the benefits
compared to their operations today.
percent), which may not be possible are at the high end of the estimated
Some commenters noted that ADS–B In,
without ADS–B Out. Accomplishing benefits range.
however, would provide necessary Given the value of ADS–B In services
OPDs at this level of traffic density services to the cockpit. Many of these
would have important environmental to individual operators and the benefits
commenters asserted that ADS–B In to future NAS operations, the
and energy benefits with no increase in should be mandated as well. However,
congestion or delay. requirements adopted for ADS–B Out
AOPA specifically recommended that also support certain ADS–B In
3. Reduced Aircraft Separation ADS–B In be voluntary because it is applications.56 The FAA has modified
cost-prohibitive for most GA owners. several aspects of the proposed rule to
In non-radar airspace, ADS–B Out British Airways also questioned the
allows ATC to apply radar-like minimize the cost impact to operators of
business case for ADS–B In. the requirements driven by ADS–B In.
separation standards in areas where Many commenters, including the
ATC currently applies non-radar, The requirements in this final rule also
DOD, ACI–NA, and AIA, pointed out
procedural separation. In some cases, establish a stable infrastructure for
that the capabilities and functions of
routes laterally separated without radar current and future applications of
ADS–B Out alone will not provide the
by as much as 90 NM are now separated ADS–B In.
full range of benefits available from
with ADS–B at only 20 NM. The FAA concurs with the ARC’s
ADS–B. To improve the overall system,
Longitudinal separation of typically 10 recommendation to define a strategy for
they recommended developing
minutes (80 NM) can be reduced to 5 ADS–B In equipage by 2012 and is
standards for ADS–B Out in unison with
NM. working with industry to develop a
standards for ADS–B In. GAMA and
Boeing commented that the accuracy strategy for future ADS–B In

IATA recommended that the FAA work
and integrity values proposed in the applications. By 2012, the requirements
to define the requirements for ADS–B In
NPRM will not support reduced en and benefits of ADS–B In applications
to encourage ADS–B equipage. ATA
should be well enough defined for the
55 The final approach fix identifies the beginning
specifically asked the FAA to define
of the final approach segment, and is the fix from
ADS–B In standards by 2010. IATA 56 These applications include Enhanced visual
which the final instrument flight rule (IFR) noted that many operators will delay acquisition, conflict detection, and enhanced visual
approach to an airport is executed. upgrades until there is a single, defined approach.
FAA to specify a set of performance 4. Airport Surface Situational navigation source that meets the
requirements that would be tied to a Awareness and Final Approach Runway requirements complies with this rule.
well-defined bundle of applications. Occupancy Awareness The performance standards for the
Furthermore, RTCA has completed UAT were developed by RTCA through
ASSA and FAROA increase international cooperation and
the DO–317, Minimum Operational situational awareness of potential
Performance Standards (MOPS) for coordination. The standards were
airport ground conflicts at several of the published in DO–282B, (MOPS for UAT
Aircraft Surveillance Applications nation’s busiest airports. However, the ADS–B). Additionally, DO–282B was
System (ASAS), 57 and the FAA is reduced NACP requirement in this rule, developed in accordance with Annex 10
currently developing a TSO to utilize while sufficient for ADS–B Out, is not to the convention of international civil
this RTCA standard. sufficient for all aircraft to use in ASSA aviation. As such, individual states are
and FAROA. allowed to invoke these standards as
R. ADS–B in Applications
S. International Harmonization their own requirements.
Multiple commenters, including
SANDIA, asked for more information Several commenters stated that the T. Backup ATC Surveillance
about potential ADS–B In applications. ADS–B program technical standards and In the NPRM, the FAA described an
This information is provided below. requirements in the NPRM may be ADS–B backup strategy that included a
exclusive of, and not harmonized with, reduced network of SSRs to support
1. Surface Situational Awareness With ICAO and international efforts under high-density terminal airspace, all en
Indications and Alerting way in Europe, Australia, and Canada. route airspace above 18,000 feet MSL,
Several individual commenters and and medium-density terminal airspace
This application is being designed to AOPA questioned the interoperability of
provide information regarding potential above certain altitudes. In the proposal,
UAT in international airspace, the FAA noted that it intends to retain
traffic conflicts on or near the airport including Canada and Mexico. They all primary surveillance radar as a
surface to the flightcrew. The ADS–B In also questioned the applicability of UAT means to mitigate single-aircraft
cockpit display would indicate the through ICAO Standards and avionics failures.
relevant runway occupancy status. Recommended Practices (SARPs). The Several aviation associations, air
Depending on the severity of the ARC recommended that the FAA carriers, pilots, and various other
conflict, the system would alert the advocate national policies that organizations commented on the
flight crew with visual and/or audible explicitly allow for the use of non-U.S. proposed backup strategy. The
alerts. positioning sources (for example, commenters suggested several potential
Galileo) as part of the infrastructure to alternatives including Automatic
2. In-Trail Procedures meet aviation performance Dependent Surveillance—Contract
This application is being designed to requirements. (ADS–C), long range navigation
facilitate aircraft conducting oceanic in- The FAA fully supports the need for (LORAN), enhanced long range
trail flight level changes using a reduced international regulators to focus on a navigation (eLORAN), fusion, and
separation standard. This application global interoperability of ADS–B multilateration.
should improve the use of oceanic through the continuing development of Some commenters, including UPS
airspace, increase efficiency, reduce fuel standards for equipment, applications, and United Airlines, recommended that
consumption, and increase safety by flight procedures, and operating rules. the FAA develop a backup system that
helping flightcrews avoid turbulent The RTCA standards for DO–260B and not only backs up surveillance, but also
flight levels. With this application, ATC DO–282B (referenced in TSO–C166b works in a fusion process to increase the
and TSO–C154c) were developed with accuracy, integrity, and availability of
will continue to provide procedural
close international cooperation. The the primary surveillance system. Boeing
non-radar separation services. However,
FAA supports the RTCA/European recommended that during RAIM
the FAA is exploring whether
Organization for Civil Aviation outages, ADS–B could broadcast
controllers would be able to allow flight Equipment (EUROCAE) Requirements position data derived from a flight
level changes where aircraft are Focus Group, which is internationally management system or an inertial
separated by only 15 NM during climb coordinating ADS–B In. Additionally, navigation system. Other commenters
or descent, instead of 100 NM in use the FAA actively meets with questioned whether there was a robust
today. EUROCONTROL, the Australian Civil and fully independent airborne- or
3. Interval Management Aviation Safety Authority, and ground-based backup timing system in
Transport Canada to internationally the event of GPS timing signal loss. The
This application is intended to coordinate ADS–B regulation. DOD contended that the backup must be
improve current merging and spacing The FAA has structured the ADS–B able to support planned GPS electronic
capabilities to ensure more consistent Out program on performance testing and solar flare activity.
aircraft spacing, and potentially increase requirements and not a specific Several commenters opposed having
airspace capacity. With this application, navigation or positioning source. The one interdependent service for both
controllers would issue a different set of FAA is proposing harmonized navigation and surveillance. They
instructions to pilots, for example, to requirements for aircraft separation to believed that this combination of
maintain a given time or distance from ICAO, with the support of Australia, navigation and surveillance could be
the preceding aircraft. The flight crews Canada, and EUROCONTROL. The detrimental when a pilot experiences a
will then use ADS–B In information to United States is working with other GPS outage while operating in
adjust their airspeeds or flight paths to GNSS providers to ensure system instrument meteorological conditions.
maintain the instructed separation. interoperability, improve performance, The ARC recommended that the FAA,
and reduce costs for integrated receiver in coordination with other Government
57 ASAS provides the platform for the processing equipment. This rule does not prohibit agencies, develop an integrated
and display of ADS–B In applications. the use of international GNSS; any communication navigation and
surveillance (CNS) strategy to address strategies for mitigating the impact of U. Privacy
GNSS interference and outages. the loss of GPS on ADS–B surveillance. The NPRM proposed requiring a
Various entities also questioned the The analysis identified a reduced message element to transmit the
procedures that would be in place for network of SSRs as the recommended aircraft’s assigned 24-bit ICAO address.
aircraft operating with a NACP value of backup for ADS–B. This strategy retains Many commenters, including AOPA
less than 9. One individual asked how all existing en route SSRs (150) and and Rockwell-Collins, strongly argued
the system will accommodate aircraft approximately 50 percent of SSRs in against ADS–B Out broadcasts of
without ADS–B, if an entire broadcast high-density terminal areas (40). identifiable data, including aircraft tail
link is inoperable.
The FAA will provide ATC separation The FAA assessed numerous number and operator name. These
services for aircraft meeting the technologies as part of this analysis, commenters argued that the information
minimum ADS–B-required performance including: Multilateration; eLORAN; could be used to continuously watch all
parameters (NACP, NACV, NIC, SDA, distance measuring equipment (DME); aircraft and ultimately could be used by
and SIL) for airspace subject to this rule. DME/inertial reference units; satellite- the FAA for enforcement or assessing
If, during flight, an individual aircraft user fees. Certain commenters argued in
based augmentation systems; ground-
does not meet the minimum ADS–B- favor of retaining the anonymous mode
based augmentation systems; and
required performance parameters, then for VFR operations because aircraft
various combinations and identification is only required for ATC
ATC may provide separation services implementations of these technologies.
using the backup (for example, radar purposes.
The FAA determined the backup Commenters suggested several
where available and procedural strategy based on the most effective
separation elsewhere). This transition alternatives: (1) Use UAT’s privacy
tradeoff between performance, schedule, message function (which allows the
will be seamless because secondary and cost factors among airborne and
surveillance data will be one of several pilot to select ‘‘VFR’’ mode) to have the
ground segments of the NAS UAT system randomly select a 24-bit
surveillance sources fused into the
architecture. ICAO address; (2) require manufacturers
display used by ATC.
The ADS–B ground automation This backup strategy will support to design ADS–B systems that archive
combines or ‘‘fuses’’ all available continued use of the separation data onboard, and advise pilots to
surveillance information from ADS–B standards in effect today. However, for archive the data so there is an
with primary surveillance radar and select areas experiencing degraded independent data source that
SSR. This provides a complete or surveillance coverage during an outage, corroborates government data; and (3)
‘‘fused’’ picture of all the traffic ATC may increase aircraft separation as design a system host configuration
operating in a given area. Multi-sensor operationally required.59 The FAA protocol to assign transponder codes
fusion allows the automation to through a unique address when the
concludes that these operational
combine data from various sensors, and UAT or 1090 MHz ES is turned on. They
capabilities are sufficient, given that
use the most accurate measurements. In contended that this would allow a
loss of required position information is network to eliminate system duplicity
most cases, a Kalman Filter Tracker expected to be a rare event.
optimizes the accuracy of track and guarantee anonymity to the pilot of
estimates from multiple sensors. In In meeting the performance standards the aircraft (therefore, the 24-bit Mode S
addition to improved aircraft position adopted by this rule, an aircraft’s identifiers would no longer be needed).
accuracy, data fusion uses all the navigation and surveillance functions The ARC made three
updates from multiple sensors, which may be dependent on the same position recommendations regarding privacy: (1)
increases the overall update rate. The source. Using GNSS technology for The FAA should treat the 24-bit ICAO
FAA currently uses practical trackers for ADS–B provides for improved code assignments as information
data fusion with the Common- performance (i.e., increased update rate, covered under privacy laws, so they are
Automated Radar Terminal System and increased accuracy at long range, and available only to authorized personnel
the Standard Terminal Automation cleaner surveillance picture to ATC) or released by the holder; (2) the FAA
Replacement System. over other surveillance systems and should use the anonymity feature of
If the ADS–B ground infrastructure or allows for a more flexible ground UAT and develop an equivalent
a particular broadcast link is out of infrastructure. anonymity feature for 1090 MHz ES that
service, or a sufficient number of aircraft would apply to VFR operations not
cannot meet the minimum required The risks posed by this dependency using ATC services; and (3) the FAA
performance for a given airspace and have been accepted because the should accommodate assignment of the
controller workload is adversely navigation and surveillance functions 24-bit ICAO codes so that they do not
impacted, ATC will use the backup have independent backup systems. In easily correlate to an aircraft tail number
system to provide ATC separation evaluating the options, the FAA and they permit aircraft call signs to be
services for all aircraft in that airspace. specifically considered the scenario in something other than the aircraft
Transition to the backup strategy will which the satellite positioning source registration number when receiving
not impact the ability of ATC to provide failed. As a result, the FAA determined ATC services.
separation services to the operator. that an effective backup system could The FAA reviewed all the comments
The FAA completed the Surveillance/ not also be satellite-based. The FAA regarding privacy and notes that most of
Positioning Backup Strategy further determined that these backup the commenters specifically addressed
Alternatives Analysis 58 on January 8, capabilities ensure sufficient navigation VFR operations. The FAA notes that
2007. This study included a and surveillance capabilities during a there is no right to privacy when
comprehensive analysis of various positioning source outage and maintain operating in the NAS. The FAA
appropriate levels of safety. specifically designates airspace for
58 It is important to recognize that this is a
which the identification of aircraft is
performance-based rule and does not require GNSS.
For the purpose of the backup strategy evaluation 59 The standard for reverting to backup necessary, so that the agency can
the FAA assumed that users would equip with a surveillance is also discussed in H.2, System effectively separate aircraft. The
GNSS as their position source. Availability. transponder rule specifies that an
aircraft operating in airspace designated alleged that security safeguards are SCAP, the system is tested annually for
in § 91.215 must have ATC transponder needed for ADS–B to protect aircraft security compliance, and every 3 years
equipment installed that meets the from terrorist attacks. the system goes through an entirely new
performance requirements of TSO– Other commenters argued that an SCAP. In addition, the FAA specifically
C74b, TSO–C74c, or TSO–C112. aircraft’s ADS–B transmissions or GPS assessed the vulnerability risk of ADS–
Many GA aircraft are equipped with position/timing signals could be subject B broadcast messages being used to
Mode C, which has the capability to to inadvertent or intentional target air carrier aircraft. This
squawk 1200 and meets the interruption or loss of the GPS timing assessment contains Sensitive Security
requirements of § 91.215, without signal. Several commenters Information that is controlled under 49
specifically identifying the aircraft. recommended a planned oversight CFR parts 1 and 1520, and its content
Most of these commenters are seeking feature (for example, requiring ADS–B is otherwise protected from public
similar treatment under ADS–B so that ground receivers to be licensed) to disclosure. While the agency cannot
ATC can track the aircraft without ensure that only authorized personnel comment on the data in this study, it
specifically identifying the aircraft. access the data collected, and that the can confirm, for the purpose of
TSO–C154c includes a feature to data is only accessed for authorized responding to the comments in this
temporarily and randomly assign a 24- purposes. The DOD recommended that rulemaking proceeding, that using ADS–
bit address for UAT-equipped aircraft. the FAA work with DHS and the DOD B data does not subject an aircraft to any
This rule does not prohibit the use of to determine ADS–B risks and increased risk compared to the risk that
this feature. UAT-equipped aircraft appropriate countermeasures. is experienced today. As part of this
conducting VFR operations that have The FAA conducted several analyses process, the FAA forwarded the
not filed a flight plan and are not on the security aspects of ADS–B. These assessment to its interagency partners,
requesting ATC services may use this analyses include the information system including the DOD, the Transportation
feature. Although the FAA does not for collecting data, transmitting and Security Administration, the Federal
prohibit the anonymity feature, storing data, as well as risk assessments Bureau of Investigation, the United
operators using the anonymity feature on the vulnerability of ADS–B broadcast States Secret Service, and other
will not be eligible to receive ATC messages. All FAA information, appropriate agencies for review. These
services and will not be able to benefit including ADS–B transmissions entities evaluated the modeling
from enhanced ADS–B search and received by the FAA, that is collected, approach, analysis, and risk outcome.
rescue capabilities. TSO–C166b does processed, transmitted, stored, or They did not identify any reason to
not include a feature to accommodate disseminated in its general support invalidate the analysis which
anonymous 24-bit addresses. Should systems and applications is subject to determined that ADS–B data does not
safety or efficiency of the NAS so certification and accreditation, under increase an aircraft’s vulnerability. The
require, the FAA could initiate National Institutes of Standards and
FAA commits to annual updates of this
rulemaking to prohibit an operator from Technology (NIST) information
assessment to monitor any changes in
using the anonymity feature. technology standards. It is a continuing
the underlying assumptions in the risk
Additionally, if the FAA, in process that protects the confidentiality,
analysis, and to monitor new threat
coordination with the Department of integrity, and availability of the
information that becomes available.
Homeland Security (DHS), determines information.
The FAA’s Security Certification and The FAA concludes that ADS–B
that the anonymity feature is an
Accreditation Procedures (SCAP) were transmissions would be no more
unacceptable risk to security, the FAA
developed in accordance with Federal susceptible to spoofing (that is,
could initiate rulemaking to prohibit an
law, including: (1) The Federal intentionally broadcasting a false target)
operator from using the anonymity
Information Security Management Act or intentional jamming than that
feature.
This rule does not implement any of 2002, (2) OMB Circular A–130 experienced with SSR transmissions
type of user fee. Subsequent agency (Management of Federal Information (Mode A, C, and S) today. Spoofing of
rulemaking would be necessary to Resources), (3) Federal Information false targets and intentional jamming
establish such fees. Furthermore, this Processing Standards 199, and (4) NIST very rarely occur with the surveillance
rule does not affect the process for the Special Publications (SP) 800–37 (Guide systems in place today.
FAA assigning the 24-bit ICAO codes. for the Security Certification and The ADS–B transmission signals from
The FAA has not determined that Accreditation of Federal Information aircraft will be fused with surveillance
archiving data onboard the aircraft is Systems), NIST SP 800–53 data from both primary and secondary
necessary for ATC surveillance. (Recommended Security Controls for radars before it is displayed for ATC.
However, this rule does not preclude Federal Information Systems), and NIST The controllers, therefore, are receiving
manufacturers from designing SP 800–53A (Guide for Assessing the and viewing a composite of aircraft data
equipment with this function. Security Controls in Federal Information from multiple surveillance systems. The
Systems). FAA does not expect spoofing and
V. Security The FAA completed the SCAP for the jamming to occur during the transition
Various commenters, including the ADS–B system originally in September to using this fused data for surveillance.
DOD, commented on the security 2008. The FAA completed a new SCAP This is because the automation will
aspects of the ADS–B system. They in October 2009 as a result of changes reveal the discrepancy between a
contended that, as ADS–B will made to the ADS–B system. This spoofed or jammed ADS–B target and
broadcast the location and identity of process ensures that ADS–B does not the target reported by radar and SSR
users, malicious parties could monitor introduce new security weaknesses. It position reports. Fusion also provides
transmissions from the aircraft and ATC also ensures that the hardware and for a smooth transition to backup
to obtain information to target and harm software composing the ADS–B system surveillance if an ADS–B system is
the aircraft. Another commenter stated meets rigid and well-documented experiencing interference. Furthermore,
that the ADS–B information could be standards for infrastructure security. encryption of any ADS–B data would
used by an unmanned aircraft to target ADS–B meets all qualifications and unnecessarily limit its use
passenger aircraft. Some commenters mandates of this process. As part of the internationally.
The FAA also concludes that OPDs, which have lower energy and design parameters for ADS–B avionics,
additional certification and emissions profiles. Unlike radar and including size, weight, and power
accreditation of ground equipment will multilateration, ADS–B provides more consumption.
not be necessary because of the strict detailed flight information (for example, The FAA again notes that this is a
SCAP provision certifying that crucial update rate, velocity, and heading) that performance-based rule and does not
information and equipment are not supports ground-based merging and mandate a particular system or design
available to unauthorized individuals. spacing tools. These tools use this specifications (including size, weight, or
The FAA finds no basis at this point information to determine optimal tracks power consumption). A performance-
that ADS–B Out provides any greater for ATC arrival planning. based rule provides industry with the
security risks to air navigation systems FIS–B and TIS–B provide the uplink opportunity to use innovative
to the United States. The FAA continues of weather and traffic information to the approaches in designing ADS–B
to meet regularly with DOD and DHS cockpit. Equipping with the necessary avionics to meet the needs of their
representatives regarding the use of ADS–B In avionics (receiver and display customers.
ADS–B information and national components) is voluntary for operators
security issues. and is not required by the ADS–B rule. Z. Economic Issues
W. Alternatives To ADS–B The FAA analyzed alternative sources The FAA updated the cost and benefit
for weather and traffic information. estimates in the final regulatory impact
The NPRM compared: (1) Radar as it Individually, these alternative sources analysis for this rule. For a summary of
exists today, (2) multilateration, and (3) may be less costly than the ADS–B the final regulatory impact analysis, see
ADS–B. In the NPRM, the FAA’s solution. However, the FAA’s analysis Section III. The full final regulatory
alternatives analysis found radar to be showed that the bundling of impact analysis may be found in the
the most cost-effective solution; surveillance, weather, and traffic docket for this rulemaking. The
however, radar would neither be information is cost-effective for users following section discusses comments
effective in supporting air traffic growth who have not already invested in the FAA received on the proposal’s
over time nor provide the necessary alternative capabilities. The FAA regulatory evaluation. Where
technical capabilities to support the compared the costs and benefits of appropriate, the discussion includes
NextGen concept of operations. ADS–B, multilateration, and radar, as
Several commenters indicated that the information on the updated costs and
well as the cost savings for bundling benefits for this final rule.
existing radar system is sufficient for services. A report (‘‘Exhibit 300,
operations. Some commenters suggested Attachment 2, Business Case Analysis 1. ADS–B Out Equipage Cost
expanding the radar infrastructure or Report for Future Surveillance, JRC
implementing an alternative reporting The FAA estimated that costs for the
Phase 2a’’) is available in the docket for proposed rule would be between $2.3
system using commercial off-the-shelf
this rulemaking. billion and $8.5 billion. The FAA also
technologies that have a means to In sum, none of the alternatives offers
encode and transmit GPS position data. considered that industry would start to
the range of capabilities nor supports incur equipage costs in 2012, ranging
Other commenters believed that
the NextGen concept of operations as from $1.27 billion to $7.46 billion. In
multilateration could provide similar
well as ADS–B. the final rule, the FAA estimates total
benefits to ADS–B at a potentially lower
cost. Boeing requested that the FAA X. ADS–B Equipment Scheduled costs to range from $3.3 billion to $7.0
provide an analysis explaining its Maintenance billion, and industry equipage costs to
conclusion that multilateration would range from $2.5 billion to $6.2 billion.
The NPRM did not propose any
not provide the same level of benefits as additional continuing airworthiness Several commenters, including ATA,
ADS–B. ATA specifically stated that requirements associated with the Boeing, British Airways, Delta Airlines,
they do not believe multilateration is a installation of ADS–B avionics EAA, Honeywell, NBAA, and the
viable alternative; however, it can equipment. A few commenters Regional Airline Association (RAA),
provide highly accurate position reports questioned the FAA’s plan for questioned specific cost estimates in the
for surface ADS–B In applications. continued airworthiness inspections for proposal’s economic analysis or asked
Several commenters objected to the ADS–B equipment. for more information about the cost and
prohibitive cost of upgrading the This final rule does not add any benefit estimates. Most of the
avionics with ADS–B because there are continuing airworthiness inspection commenters believed that equipage
commercial products currently available requirements. Transponder-based ADS– costs for ADS–B Out would exceed the
that provide real time weather and B systems will still be required to meet estimates provided in the proposal.
traffic information. the requirements of § 91.413. However, Several commenters, including
The agency has determined that the ADS–B systems, without a transponder, AOPA, EAA, Embraer, and the United
improved accuracy and update rate do not have any new inspection States Parachute Association, stated that
afforded by ADS–B is a critical segment requirements. The FAA will use the the cost to equip with ADS–B Out was
of the NextGen infrastructure and ground automation system to too high. Commenters pointed out that,
capabilities that offer the opportunity to continuously monitor ADS–B given the value of most GA aircraft, the
make the system more efficient. functionality, which accomplishes the cost of equipage could represent a
Specifically, enhanced surveillance data purposes of a recurrent inspection. significant percentage of, or possibly
via ADS–B will improve the exceed, the current value of the aircraft.
performance of ATC decision-support Y. Specific Design Parameters Some commenters noted that costs of
tools (URET and TMA) which rely on In the NPRM, the FAA proposed this magnitude could make recreational
surveillance data to make predictions. performance standards for ADS–B Out, or business flying cost-prohibitive.
The end result will be fewer, more but did not specify any specific design Some commenters, including FedEx,
efficient reroutes to avoid potential parameters. noted that equipage costs will be
conflicts, as well as improved metering Several commenters, including the significantly higher for aircraft not
into the terminal area. This will allow EAA, and the United States Parachute currently equipped with a certified
increased and more efficient use of Association, recommended specific GPS/WAAS position source.
For the proposed rule, the FAA The ADS–B program is not expected Services Benefits Basis of Estimates’’ 60
contacted manufacturers, industry to result in a cost savings to the FAA (SBS BOE) report.
associations, and ADS–B Out suppliers from 2009 through 2035. As ADS–B The FAA agrees with Boeing that if
to estimate ADS–B equipage and becomes operational, the FAA plans to the costs of ADS–B Out avionics are at
maintenance costs by aircraft model. decommission some SSR. While this the high end of our estimates and if
The proposal included industry will reduce the operational costs of ADS–B In avionics are more expensive
estimates for the cost of installation, maintaining radar, the FAA will incur than ADS–B Out avionics, then the costs
maintenance, additional weight, and the additional costs for ADS–B ground estimated for ADS–B Out and In will
addition of ADS–B Out equipment to stations. This results in a net increase in exceed the quantified benefits, given the
meet the performance mandate. The cost for the FAA. assumptions in the economic
proposal’s regulatory impact analysis evaluation. The FAA also notes that at
also assumed that all active airframes in 3. Business Case for ADS–B Out and In
a 7 percent present value with the
service would be retrofitted by 2020. In the NPRM, the FAA estimated that assumptions in the economic evaluation
The FAA expects that the increased the total costs of ADS–B Out and In (i.e., if industry costs for ADS–B Out
demand for the ADS–B Out equipment (excluding avionics for ADS–B In), avionics are at the high end of the
required by this performance-based rule relative to the radar baseline, would range), then ADS–B Out and In will not
will result in a more competitive range from $2.8 billion to $9.0 billion. be cost-beneficial. The FAA does not
market, such that the prices may The FAA further estimated that ADS–B agree that the estimates in the regulatory
decrease in the coming years for certain Out and In would yield $13.8 billion in impact analysis need to be consistent
aircraft groups. The FAA also total benefits. with the estimates in the SBS BOE
anticipates that any investment in ADS– report. The economic analysis quantifies
B Out equipage will increase the The FAA concluded that ADS–B Out
and In would be cost beneficial at a the potential benefits that the FAA
residual value of that aircraft and will expects to result from adoption of the
allow easier access to the regulated present value of 7 percent, if: The
avionics costs for ADS–B Out are low rule. The economic analysis does not
airspace. include benefits that could be realized
The FAA agrees that equipping ($670 million at a 7 percent present
value) and the avionics costs for ADS– without the rule.
aircraft with ADS–B Out will cost more Specifically, the regulatory impact
for those aircraft that are not equipped B In do not exceed $1.85 billion at a 7
percent present value. analysis did not include benefits from
with a position source capable of ADS–B in Alaska or for low altitude
providing the necessary accuracy and As stated in the NPRM, ADS–B Out
operations in the Gulf of Mexico
integrity. To capture this cost in the and In would be cost beneficial at a 3
because these benefits would occur
proposal, the FAA requested that percent present value if: (1) The
without the rule. The regulatory
industry categorize large category avionics costs for ADS–B Out are low
evaluation also did not include benefits
turbojet airplanes by classic, neo-classic, ($950 million at a 3 percent present
related to controlled flight into terrain
modern, and new production classes, as value) and the avionics costs for ADS–
because terrain avoidance warning
well as the existing level of airplane B In do not exceed $5.3 billion at a 3
systems currently provide these
equipage for each class. However, due to percent present value or (2) the avionics
benefits. Other benefits that the FAA
the confidentiality of cost data, the costs for ADS–B Out are high ($5.35
did not consider in the proposal, but are
regulatory evaluation does not present billion at a 3 percent present value) and
in the SBS BOE, include: An estimate of
ADS–B-supplier level data details. The the avionics costs for ADS–B In do not
the reduction in FAA subscription
FAA fully acknowledges that the exceed $870 million.
charges because of value added services
general aviation community will incur Boeing asked for further clarification and a reduction in costs to obtain
significant costs from this rule. of scenarios in which ADS–B may not weather information.
However, this must be balanced against be cost beneficial. Specifically, Boeing In addition, the regulatory impact
the foundation this capability provides referred to the 3 percent present value analysis did not specifically include a
in moving toward the NextGen estimate in the NPRM with high benefit for radar system replacement
infrastructure and benefits from its avionics costs. Boeing noted that it does cost avoidance. Rather, the FAA
overall usage. not believe ADS–B In avionics costs will compared the total cost of continuing
2. FAA Cost Savings With ADS–B Out be less than ADS–B Out avionics costs. full radar surveillance (the baseline) to
Compared to Radar Boeing also asked for the cost beneficial the cost of providing surveillance with
values of ADS–B Out and In at a 7 ADS–B. This included the costs of
The FAA considered the following percent present value if avionics costs
three systems for future NAS gradually discontinuing some radar and
are high. continuing some radar as a backup. The
surveillance: (1) Radar, (2)
Boeing suggested that the FAA lower costs of radar (what is referred to
multilateration, and (3) ADS–B. The
conduct a thorough cost-benefit analysis as ‘‘surveillance cost avoidance’’ in the
FAA explained in the proposal that
for the ADS–B program, including SBS BOE) were captured in the cost
radar was the lowest cost option. Based
accurate cost estimates for ADS–B In. comparison of radar under the baseline
on forecasts at the time of the NPRM,
Boeing further recommended that if the and radar under the ADS–B Out
the FAA did not expect that radar could
FAA cannot determine the costs scenario (the rule).
accommodate the projected increase in
associated with ADS–B In, the FAA The draft regulatory impact analysis
traffic.
Several commenters, including EAA should not include these costs and released with the NPRM included a
and RAA, stated that the ADS–B benefits in the economic analysis. cost-benefit analysis of ADS–B Out
program would result in a cost savings Boeing also questioned why the FAA alone, as well as for the scenarios for
to the FAA because it would have less estimated the benefits for ADS–B Out ADS–B Out and In. For the final rule,
radar to maintain, operate, and replace. and In at $13.9 billion in the proposal,
60 This report was published in August 2007. A
Most of the commenters claimed that while the FAA estimated the ADS–B
copy of this report is available from the Web site
the ADS–B program would shift costs Out and In benefits at $18.5 billion in http://www.regulations.gov. To find the report,
from the FAA to aircraft operators. the ‘‘Surveillance and Broadcast enter FAA–2007–29305–0013.1 in the search box.
the FAA also queried industry for allow for more efficient handling of benefit from fuel savings that the FAA
equipage costs for ADS–B Out and In. potential en route conflicts. In the expects ADS–B surveillance will
Although the FAA initially attempted to NPRM, the FAA estimated this would provide.
capture the benefits for ADS–B In, upon save 410 million gallons of fuel and In the proposal’s benefit analysis, the
further consideration the agency has eliminate 4 million metric tons of FAA quantified the benefits that ADS–
determined that the performance carbon dioxide emissions. The FAA also B alone will provide over current,
requirements are not sufficiently noted in the initial regulatory impact recognized OPD procedures. The agency
developed to conduct a meaningful analysis that, during this same time agrees that the efficiency benefits are, in
analysis. The FAA has not included period, continuous descent approaches part, conceptual, and with new
ADS–B In costs and benefits in the final (now referred to as OPDs), would allow technologies, conceptual efficiency
regulatory impact analysis. for a 10 billion pound fuel savings and benefits analysis is the only option.
4. Improved En Route Conflict Probe a 14 million ton reduction in carbon While outside the scope of this
Benefit Performance dioxide emissions. Furthermore, the rulemaking, as noted by a commenter,
FAA noted that optimal routing over the the RVSM program offers an example of
In the NPRM, the FAA estimated the Gulf of Mexico would eliminate 300,000
benefit for en route conflict probe at how airspace redesign and new
metric tons of carbon dioxide emissions technological capabilities can result in
$3.3 billion.61 To calculate this savings, between 2012 and 2035. In the final
the FAA estimated the reduction in ATC significant efficiency and operational
regulatory impact analysis, the FAA (fuel savings) gains.
vectors resulting from improved en estimated a net reduction in carbon
route conflict probe. Then, the FAA dioxide emissions attributable to the 6. Deriving Benefits From Capstone
attributed this time savings to direct rule and calculated a monetary value to Implementation in Alaska
aircraft operating costs and the this net reduction. See the full
passenger value of time. In the NPRM, the FAA explained that
regulatory impact analysis for details.
Several commenters questioned the ADS–B has been demonstrated and used
A few commenters, including RAA,
improved en route conflict probe benefit in Alaska for terrain and traffic
questioned the cost savings associated
estimates. The commenters noted that awareness, and that it had a noticeable
with more efficient flights using ADS–
the amount of time saved per passenger effect on safety. Several commenters
B. Some of these commenters also asked
was low, compared to other delays in argued that Capstone is an insufficient
the FAA to remove the discussion on
the overall travel environment (for basis to assume benefits from ADS–B
reduced carbon dioxide emissions
example, late arrivals at the airport and equipage. The commenters noted that
waiting for baggage). They because the efficiency and fuel saving
Capstone is a strong component of the
recommended that the FAA delete the claims have not been validated.
justification for the system; they added
passenger value of time from its benefit RAA noted that the FAA has
that a major component of Capstone is
estimate. considerable experience justifying rules
the addition of terrain information and
The FAA does not agree that the that enhance safety, but suggested that
warnings. Commenters also noted that
passenger value of time should be the FAA is not experienced in justifying
the flight environment in southeast
removed from its benefit estimate and rules based on increased airspace
Alaska is unlike any in the lower 48
therefore includes it in the final capacity and fuel savings. RAA asked
states.
regulatory impact analysis. There has the FAA to validate whether the
reduced vertical separation minimum The FAA understands that the
been significant discussion about
whether small increments of time (RVSM) program reduced fuel conditions in Alaska do not translate to
should be valued at lower rates than consumption, as estimated in the RVSM the continental United States. While the
larger increments. The present state of regulatory evaluation. RAA also noted regulatory impact analysis does not
theoretical and empirical knowledge that the benefit analysis should quantify include any benefits from Capstone, the
does not appear to support valuing the benefits that ADS–B would provide rulemaking action does highlight the
small increments of time less than larger over current descent procedures enabled potential benefits derived from more
ones.62 without ADS–B. accurate and timely positioning
GAMA and an individual commenter information from ADS–B.
5. Capacity Enhancements, Airspace noted the environmental impact of
Efficiency, and Fuel Saving Benefits 7. Regional Airline Benefits
airspace modernization. GAMA
In the NPRM, the FAA estimated that encouraged the FAA to provide In the NPRM, the FAA quantified the
between 2017 and 2035, ADS–B would additional details and quantify the benefits as shown in Table 4.
TABLE 4—ESTIMATED BENEFITS INCLUDED IN THE NPRM REGULATORY EVALUATION

Benefit 2007 Discounted at Discounted at
Benefit area M$ 3% 7%
Total Benefits ............................................................................................................................... $9,948.5 $5,484.3 $2,657.7

Gulf of Mexico:
High Altitude Operations ...................................................................................................... 2,067.2 1,104.4 509.9
More Efficient En Route Separation Delay Savings ............................................................ 1,810.6 946.1 421.3
Additional Flights Accommodated Optimal and More Direct Routing .................................. 256.6 158.4 88.6
Improved En Route Conflict Probe Performance ........................................................................ 3,258.1 1,774.0 840.1

More Efficient Metering Based on Improved TMA Accuracy ...................................................... 1,746.6 944.9 441.1
Increased Ability to Perform Continuous Descent Approaches .................................................. 2,876.7 1,661.0 866.6
61 This translates to $840 million at a 7 percent 62 Economic Values For FAA Investment and
present value or $1.8 billion at a 3 percent present Regulatory Decisions, A Guide, Final Report
value. Revised Oct. 3, 2007, GRA Incorporated.
RAA expressed concern that regional The FAA considered three options to minimized. Specifically the FAA
operators do not have equal access to resolve the GA cost benefit comments. considered limiting the rule to only
large airports; therefore, they will not First, the FAA considered modifying Class A and B airspace. Although ADS–
achieve the same benefits as larger air performance requirements to reduce B surveillance is not as critical to the
carriers. RAA specifically noted that the equipage costs. Second, the FAA NexGen goals in lower density airspace,
FAA has not committed to a measurable evaluated options to provide additional such as Class E airspace above 10,000
reduction in aircraft-to-aircraft benefits to GA operators. Third, the feet and Class C airspace, ADS–B
separation standards. They believed that FAA explored tailoring the rule such equipage for all aircraft in these areas is
without reduced separation standards, that fewer GA operators would be essential to gaining the overall stated
the benefits would be localized and affected. ADS–B benefits, realizing savings
would not apply to regional airlines. For the first option, the FAA associated with radar
RAA also noted that regional aircraft determined that opportunities do exist decommissioning,64 the expansion of
typically do not carry life rafts and, for reducing the equipage costs for GA potential future benefits discussed
therefore, they cannot conduct extended operators. In the rule, the FAA bases the above, and moving towards the NextGen
over-water operations. As a result, they performance requirements solely on concept of operations. Thus, the
will not benefit from more efficient ATC separation services; whereas in the airspace subject to this rule remains
aircraft separation over the Gulf of proposal, the performance requirements unchanged.
Mexico. were based on ATC separation services
and five initial ADS–B In applications. AA. Revisions To Other Regulations
The FAA agrees that regional
operators who cannot operate over the This change eliminated the need for Several commenters, including ACI–
Gulf of Mexico will not attain this ADS–B antenna diversity because the NA, ACSS, ATA, United Airlines, and
separation benefit. However, the FAA ATC separation services can operate UPS, recommended changes to other
did not estimate benefits specifically for effectively without it and the ADS–B regulations. Specifically, they
regional carriers. The agency expects Out benefits can be achieved. Multiple recommended that the FAA update
regional airlines to benefit from ADS–B commenters and the ARC felt that subpart F of 14 CFR part 25 to include
Out even without reduced aircraft-to- removing antenna diversity would help ADS–B requirements. ACI–NA
aircraft separation standards. This is make the rule cheaper to implement for recommended that the FAA amend 14
because other benefits, including light general aviation operators. CFR part 139 to require airport surface
For the second option, using vehicles to equip with ADS–B to
improved en route conflict probe
comments received by the GA prevent runway incursions. Airbus
performance, apply to all aircraft in
community, the FAA has identified recommended that the FAA update
Class A airspace, including regional
opportunities to provide additional advisory circular (AC) 120–86, Aircraft
airlines.
benefits to GA operators by expanding Surveillance Systems and Applications.
8. General Aviation: High Equipage ADS–B services throughout the NAS to This rule only amends the operating
Costs With Little Benefit areas not currently serviced. Thus, regulations in part 91. At this point, the
outside of this rulemaking effort, the FAA has not identified any ADS–B Out
In the proposal, the FAA estimated FAA intends to explore the costs and requirements for parts 23, 25, 27, and
that the total cost to equip GA aircraft benefits for the following ADS–B 29. The FAA will issue the appropriate
from 2012 through 2035 would range enabled service expansions: aircraft installation and operational
from $1.2 billion to about $4.5 billion (a) Expanding low altitude guidance material consistent with the
with a mid-point average of nearly $2.9 surveillance coverage, both in areas requirements of this rule upon issuance
billion.63 Although the FAA did not receiving increased collateral coverage or shortly thereafter. The FAA is
specifically estimate GA benefits in the from the initial ADS–B ground station discussing with airports and the Federal
NPRM, the agency now estimates that infrastructure and in areas that could Communications Commission whether
GA could receive up to $200 million in benefit from additional ground station ADS–B would benefit airport ground
ADS–B Out benefits. coverage. vehicles.
Numerous commenters, including (b) Providing radar-like terminal ATC
AOPA and EAA, expressed concern that services at airports not currently served. III. Regulatory Notices and Analyses
the proposed rule would require GA (c) Providing an automated A. Paperwork Reduction Act
operators to add costly equipment to mechanism for the closure of IFR flight
plans based on the new technologies As required by the Paperwork
their aircraft, while providing these
ability to detect an aircraft’s arrival at its Reduction Act of 1995 (44 U.S.C.
operators with few benefits. GAMA
destination airport. 3507(d)), the FAA submitted a copy of
noted that many of the benefits for GA
(d) Making enhancements to current the new (or amended) information
operators exist with ADS–B In. Several
search and rescue technology and collection requirement(s) in this final
of the commenters noted that GA
procedures that will assist rescue rule to the Office of Management and
aircraft do not substantially contribute
personnel in determining the last Budget (OMB) for its review. OMB
to delays or congestion in the NAS.
known location of aircraft that are assigned the number 2120–0728 in
They further stated that if ADS–B
reported missing. advance, but has not yet approved the
lessens traffic delays, it will benefit the
(e) Providing Flight Service Stations collection. Affected parties do not have
airlines rather than the GA community.
(FSSs) with ADS–B positional display to comply with the information
AOPA recommended that the FAA work
information and assisting in the collection requirements until the FAA
with key stakeholders to identify a
development of automation systems that publishes in the Federal Register notice

strategy that either removes low-altitude
will allow for more tailored in flight of the approval of the control number
airspace users from the proposal or
greatly improves the benefits for them. service functions.
64 The costs of radar will be about $1 billion less
For the third option, the FAA looked
with ADS–B Out, although the total ground costs
63 The FAA also calculated this midpoint to be at tailoring the ADS–B airspace such of ADS–B Out with the cost to sustain and
$2.1 billion at a 3 percent present value or $1.5 that the number of general aviation decommission select radar will exceed the cost of
billion at a 7 percent present value. aircraft needing to equip would be continuing radar without implementing ADS–B.
assigned by OMB for these information requirements 65 as related to ADS–B Out action’’ as defined in section 3(f) of
requirements. Approval of the control operations and has identified no Executive Order 12866; (3) is
number notifies the public that OMB differences with these regulations. The ‘‘significant’’ as defined in DOT’s
has approved these information FAA also will continue to work with the Regulatory Policies and Procedures; (4)
collection requirements under the international community to ensure will have a significant economic impact
Paperwork Reduction Act of 1995. harmonization. on a substantial number of small
The FAA received comments on the entities; (5) will not create unnecessary
C. Regulatory Impact Analysis,
proposed performance requirements for obstacles to the foreign commerce of the
Regulatory Flexibility Determination,
ADS–B Out aircraft equipment. Those United States; and (6) will impose an
International Trade Impact Assessment,
comments are discussed in section II, unfunded mandate on the private sector
and Unfunded Mandates Assessment
Discussion of the Final Rule, elsewhere but not on state, local, or tribal
in this preamble. However, the agency Changes to Federal regulations must governments. These analyses are
received no comments specifically on undergo several economic analyses. summarized below.
the burden associated with collecting First, Executive Order 12866 directs that
aircraft transmissions from the ADS–B each Federal agency propose or adopt a Regulatory Impact Analysis
Out equipment required by this rule. regulation only upon a reasoned The FAA reviewed the following three
A description of the annual burden is determination that the benefits of the alternatives for surveillance and found
shown below. intended regulation justify its costs. Alternative 2 (the rule) to be the
Use: This final rule will support the Second, the Regulatory Flexibility Act preferred alternative:
information needs of the FAA by of 1980 (Pub. L. 96–354) requires 1. Baseline radar—Maintain the
requiring avionics equipment that agencies to analyze the economic current radar based surveillance system
continuously transmits aircraft impact of regulatory changes on small and replace radar facilities when they
information to be received by the FAA, entities. Third, the Trade Agreements wear out;
via automation, for use in providing air Act (Pub. L. 96–39) prohibits agencies 2. ADS–B—Aircraft operators equip to
traffic surveillance services. from setting standards that create meet performance requirements
Respondents: The average number of unnecessary obstacles to the foreign required by the rule and the FAA
aircraft that will be equipped annually commerce of the United States. In provides surveillance services based on
for the first 3 years—577. The number developing U.S. standards, this Trade downlinked aircraft information.
of aircraft (general aviation, regional, Act requires agencies to consider 3. Multilateration—The FAA provides
and majors) that will be equipped by international standards and, where surveillance using multilateration.
2035: 247,317. appropriate, that they be the basis of
Frequency: ADS–B equipment will U.S. standards. Fourth, the Unfunded Key Assumptions
continuously transmit aircraft Mandates Reform Act of 1995 (Pub. L. • All costs and benefits are
information in ‘‘real time’’ to FAA 104–4) requires agencies to prepare a denominated in 2009 dollars.
ground receivers. The information is written assessment of the costs, benefits, • The final rule will be published in
collected electronically, without input and other effects of proposed or final 2010 and have a compliance date of
by a human operator. Old information is rules that include a Federal mandate 2020.
overwritten on a continuous basis. likely to result in the expenditure by • Present value rates are 3% and 7%.
Annual Burden Estimate: Base-case State, local, or tribal governments, in the • Period of analysis: 2009–2035.
start-up cost for an ADS–B Out- aggregate, or by the private sector, of Benefits of the Final Rule
compliant transponder: $4,371.09 $100 million or more annually (adjusted
million (in 2009 dollars). for inflation with a base year of 1995). The benefits of the final rule include
An agency may not collect or sponsor This portion of the preamble the dollar value of savings in fuel, time,
the collection of information, nor may it summarizes the FAA’s analysis of the net reduction in CO2 emissions, and the
impose an information collection economic impacts of this final rule. The consumer surplus associated with the
requirement unless it displays a FAA suggests that readers seeking additional flights accommodated
currently valid OMB control number. greater detail read the full regulatory because of the rule. The estimated
impact analysis, a copy of which has quantified benefits of the rule range
B. International Compatibility
been placed in the docket for this from $6.8 billion ($2.1 billion at 7%
In keeping with U.S. obligations rulemaking. present value) to $8.5 billion ($2.7
under the Convention on International In conducting these analyses, the FAA billion at 7% present value).
Civil Aviation, it is FAA policy to has determined that this final rule: (1)
conform to ICAO SARPs to the Costs of the Final Rule
Has benefits that justify its costs; (2) is
maximum extent practicable. ATA, an economically ‘‘significant regulatory The estimated incremental costs of
British Airways, and EUROCONTROL the final rule range from a low of $3.3
recommended that the FAA harmonize 65 ICAO references: Procedures for Air Navigation billion ($2.2 billion at 7% present value)
this rule with the appropriate ICAO Services—Air Traffic Management, Doc 4444, to a high of $7.0 billion ($4.1 billion at
SARPs. Considering that the long-term Amendment 4, (24/11/05) Procedures for Air 7% present value). These include costs
Navigation Services—Air Traffic Management; Doc
global capabilities of ADS–B are not yet 9694, ICAO Manual of Air Traffic Services Data
to the government, as well as to the
fully defined, ICAO SARPs will Link Applications; Annex 2, Rules of the Air; aviation industry and other users of the
continue to evolve to reflect developing Annex 4, Aeronautical Charts; Annex 6 Part II, NAS, to deploy ADS–B, and are
ADS–B applications. In addition, Operation of Aircraft; Annex 11, Air Traffic incremental to maintaining surveillance
Services; Annex 15, Aeronautical Information

current ICAO SARPs for the 1090 MHz Services; Doc 9689, Manual for Determination of
via current technology (radar). The
ES and UAT ADS–B links will be Separation Minima; Circular 311, SASP Circular— aviation industry would begin incurring
updated to reflect harmonized changes ADS–B Comparative Assessment; Circular 278, costs for avionics equipage in 2012 and
to both RTCA and EUROCAE minimum National Plan for CNS/ATM Systems Guidance would incur total costs ranging from
Material; Annex 10 Vol. IV, Amendment 82,
performance standards, as appropriate, Aeronautical Telecommunications; Doc 9871,
$2.5 billion ($1.4 billion at 7% present
for ADS–B Out operations. The FAA has Technical Provisions for Mode S Services and value) to $6.2 billion ($3.3 billion at 7%
reviewed the existing ICAO Extended Squitter. present value) with an estimated
midpoint of $4.4 billion ($2.3 billion at • A description of any significant air transportation (i.e., ground based
7% present value) from 2012 to 2035. alternatives to the final rule which radars tracking congested flyways and
accomplish the stated objectives of passing information among the control
Regulatory Flexibility Determination
applicable statutes and minimize any centers for the duration of flights) is
and Analysis
significant economic impact of the final becoming operationally obsolete. The
Introduction and Purpose of this rule on small entities. current system is increasingly
Analysis • A summary of significant issues inefficient, and despite decreases in air
The Regulatory Flexibility Act of 1980 raised by public comments in response traffic, still subject to significant delays.
(Pub. L. 96–354) (RFA) establishes ‘‘as a to the initial regulatory flexibility Resumption of growth will only
principle of regulatory issuance that analysis and how the agency resolved aggravate congestion and delays, given
agencies shall endeavor, consistent with those comments. the capabilities of the present system.
the objectives of the rule and of Reasons Why the Final Rule is Being The current method of handling air
applicable statutes, to fit regulatory and Promulgated traffic flow will not be able to adapt to
informational requirements to the scale the volumes, density, and approach to
Public Law 108–176, referred to as managing air traffic in the future. The
of the businesses, organizations, and ‘‘The Century of Aviation
governmental jurisdictions subject to need for significant improvements
Reauthorization Act,’’ was enacted towards operational efficiency and
regulation. To achieve this principle, December 12, 2003 (Pub. L. 108–176).
agencies are required to solicit and reduced environmental impacts, as well
This law set forth requirements and as resumed growth, will create
consider flexible regulatory proposals objectives for transforming the air
and to explain the rationale for their significant challenges. Moreover, the
transportation system to progress further diversity of aircraft is forecast to grow
actions to assure that such proposals are into the 21st century. Section 709 of this
given serious consideration.’’ The RFA as the use of unmanned aircraft systems
statute required the Secretary of and very light jets are developed for
covers a wide range of small entities, Transportation to establish in the FAA
including small businesses, not-for- special operations.
a Joint Planning and Development The FAA believes that ADS–B
profit organizations, and small Office (JPDO) to manage work related to
governmental jurisdictions. technology is a key component in
NextGen. Among its statutorily defined achieving many of the goals set forth in
Agencies must perform a review to
responsibilities, the JPDO coordinates the NextGen Integrated Plan. This final
determine whether a rule will have a
the development and use of new rule is a major step toward strategically
significant economic impact on a
technologies to ensure that, when ‘‘establishing an agile air traffic system
substantial number of small entities. If
available, they may be used to the that accommodates future requirements
the agency determines that the rule will
fullest potential in aircraft and in the air and readily responds to shifts in
have such an impact, the agency must
traffic control system. demand from all users,’’ by embracing a
prepare a regulatory flexibility analysis The FAA, the National Aeronautics
as described in the RFA. Section 603 of new approach to surveillance that can
and Space Administration (NASA), and lead to greater and more efficient
the RFA requires agencies to prepare the Departments of Commerce, Defense,
and make available for public comment airspace use. ADS–B technology not
and Homeland Security have launched only assists in the transition to a system
a final regulatory flexibility analysis
an effort to align their resources to with less dependence on ground
(FRFA) describing the impact of final
develop and further NextGen. The goals infrastructure and facilities, but also
rules on small entities. As the FAA
of NextGen, as stated in section 709, creates capabilities for precision and
Administrator, I certify that this rule
that are addressed by this final rule accuracy, which in turn will make the
will have a significant economic impact
include: (1) Improving the level of system more operationally and
on a substantial number of small
safety, security, efficiency, quality, and environmentally efficient.
entities. The purpose of this analysis is
affordability of the NAS and aviation
to provide the reasoning underlying this Statement of the Legal Basis and
services; (2) Taking advantage of data
FAA determination. Objectives
Section 603(b) of the RFA specifies from emerging ground- and space-based
the content of a FRFA. communications, navigation, and The FAA’s authority to issue rules
Each FRFA must contain: surveillance technologies; (3) Being regarding aviation safety is found in
• A description of the reasons why scalable to accommodate and encourage Title 49 of the United States Code.
action by the agency is being substantial growth in domestic and Subtitle I, Section 106, Federal Aviation
considered; international transportation and Administration, describes the authority
• A succinct statement of the anticipate and accommodate continuing of the FAA Administrator. Subtitle VII,
objectives of, and legal basis for, the technology upgrades and advances; and Aviation Programs, describes in more
final rule; (4) Accommodating a wide range of detail the scope of the agency’s
• A description and an estimate of the aircraft operations, including airlines, authority.
number of small entities to which the air taxis, helicopters, GA, and This rulemaking is promulgated
rule will apply; unmanned aerial vehicles. under the authority described in
• A description of the projected The JPDO was also charged to create Subtitle VII, Part A, Subpart I, Section
reporting, record keeping and other and carry out an integrated plan for 40103, Sovereignty and Use of Airspace,
compliance requirements of the final NextGen. The NextGen Integrated Plan, and Subpart III, Section 44701, General
rule including an estimate of the classes transmitted to Congress on December Requirements. Under section 40103, the
of small entities which will be subject 12, 2004, ensures that the NextGen FAA is charged with prescribing
to the requirement and the type of system meets the air transportation regulations on: (1) The flight of aircraft,
professional skills necessary for safety, security, mobility, efficiency and including regulations on safe altitudes;
preparation of the report or record; capacity needs beyond those currently (2) the navigation, protection, and
• An identification, to the extent included in the FAA’s Operational identification of aircraft; and (3) the safe
practicable, of all relevant Federal rules Evolution Plan (OEP). and efficient use of the navigable
which may duplicate, overlap, or As described in the NextGen airspace. Under section 44701, the FAA
conflict with the final rule; Integrated Plan, the current approach to is charged with promoting safe flight of
civil aircraft in air commerce by Administration Web site. This was done financial statistics for small entities, it
prescribing regulations for practices, to develop an estimate of the total was not feasible to estimate the total
methods, and procedures the number of small businesses affected by population of small entities affected by
Administrator finds necessary for safety the proposed rule. this final rule. The total population of
in air commerce. The FAA agrees that GA operators use U.S. part 91, 121 and 135 operators,
This final rule is within the scope of airplanes for indirect business use and with less than 1,500 employees, has the
sections 40103 and 44701 because it has determined that this final rule will potential to be large. We used this
promulgates aircraft performance have a significant impact on a sample set of small business operators
requirements to meet advanced substantial number of small businesses. to develop percentage estimates to apply
surveillance needs that will Estimated Number of Small Firms to the U.S. Census Bureau data to
accommodate projected increases in Potentially Impacted estimate the population.
operations within the NAS. As more These 34 U.S. small entity operators
aircraft operate within the U.S. airspace, Under the RFA, the FAA must are a representative sample. The sample
improved surveillance performance is determine whether a rule significantly was used to assess the cost impact on
necessary to continue balancing air affects a substantial number of small the total population of small businesses
transportation growth with the agency’s entities. This determination is typically who operate aircraft affected by this
mandate for a safe and efficient air based on small entity size and cost final rulemaking. This representative
transportation system. thresholds that vary depending on the sample was then applied to the U.S.
affected industry. Census Bureau data on the Small
Projected Reporting, Record Keeping Using the size standards from the Business Administration’s Web site to
and Other Requirements Small Business Administration for Air develop an estimate of the total number
As required by the Paperwork Transportation and Aircraft of affected small business entities.
Reduction Act of 1995 (44 U.S.C. Manufacturing, the FAA defined The U.S. Census Bureau data lists
3507(d)), the FAA submitted a copy of companies as small entities if they have small entities in the air transportation
the new information collection fewer than 1,500 employees. industry that employ less than 500
requirements in this final rule to the The FAA considered the economic employees. Other small businesses may
Office of Management and Budget for its impact on small-business part 91, 121, own aircraft and may not be included in
review. See discussion in Section III and 135 operators. Many of the GA the U.S. Census Bureau air
elsewhere in this preamble. aircraft that are operating under part 91 transportation industry category.
are not for hire or flown for profit, so the Therefore our estimate of the number of
Overlapping, Duplicative, or FAA does not include these operators in small entities affected by this final rule
Conflicting Federal Rules its small business impact analysis. will likely be understated. The estimate
The FAA is not aware that the final This final rule will become effective of the total number of affected small
rule will overlap, duplicate or conflict in 2020. Although the FAA forecasts entities is developed below.
with existing Federal rules. traffic and air carrier fleets to 2040, our
forecasts are of a generic nature and do Cost and Affordability for Small
Significant Issues Raised by Public not forecast the number of small Entities
Comments to the Initial Regulatory entities. These forecasts also do not To assess the cost impact to small
Flexibility Analysis estimate whether an operator will still business part 91, 121 and 135 operators,
In the NPRM, the FAA addressed the be in business or will be a small the FAA contacted manufacturers,
impact of the proposed rule on small- business entity. Therefore the FAA uses industry associations, and ADS–B
business part 91, 121, and 135 operators current U.S. operator’s revenues and equipage providers to estimate ADS–B
with less than 1,500 employees. The applies the industry-provided costs to equipage costs. The FAA requested
proposal noted that a substantial determine if this final rule will have a estimates of airborne installation costs,
number of small entities would be significant impact on a substantial by aircraft model, for the output
significantly affected by the proposed number of small entity operators. parameters listed in the ‘‘Equipment
rule. The FAA obtained a list of part 91, Specifications’’ section of the Regulatory
One individual commented and 121 and 135 U.S. operators from the Impact Analysis.
challenged the assumption that only FAA Flight Standards Service. Using To satisfy the manufacturers’ request
small businesses directly involved in information provided by the U.S. DOT to keep individual aircraft pricing
aviation would be affected. The Form 41 filings, World Aviation confidential, the FAA calculated low,
commenter explained that many Directory, and ReferenceUSA, the FAA baseline, and high range of costs by
businesses use aircraft indirectly in eliminated operators that are subsidiary equipment class. The baseline estimate
their operations and that higher aircraft businesses of larger businesses and equals the average of the low and high
equipage costs will affect overall businesses with more than 1,500 industry cost estimates. The dollar value
business costs. The commenter believed employees from the list of small entities. ranges consist of a wide variety of
that one half of all non-turbine GA In many cases, the employment and avionics within each aircraft group. The
aircraft are involved in small business annual revenue data are not public, so aircraft architecture within each
activity. the FAA did not include these equipment group can vary, causing
Publicly available data regarding companies in its analysis. For the different carriage, labor, and wiring
internal company financial statistics for remaining businesses, the FAA obtained requirements for the installation of
GA operators is limited. Therefore, the company revenue and employment from ADS–B. Volume discounting, versus
FAA estimated the financial impact by the above three sources. single line purchasing, also affects the
obtaining a sample population of GA The methodology discussed above dollar value ranges. On the low end, the
operators from (1) the U.S. DOT Form resulted in a list of 34 U.S. part 91, 121 dollar value may represent a software
41 filings, (2) World Aviation Directory, and 135 operators, with less than 1,500 upgrade or original equipment
and (3) ReferenceUSA. The FAA employees, who operate 341 airplanes. manufacturer (OEM) option change. On
applied this sample to U.S. Census Due to the sparse amount of publicly the high end, the dollar value may
Bureau data on the Small Business available data on internal company represent a new installation of upgraded
avionic systems necessary to assure determining the degree of hardship the Based on the percent of potentially
accuracy, reliability and safety. The final rule will have on these entities. affected current airplanes over the
FAA used the estimated baseline dollar Comments were also requested on analysis period, small U.S. business
value cost by equipment class in feasible alternative methods of operators may bear a disproportionate
determining the impact to small compliance. The FAA did not receive impact from the final rule.
business entities. any comments specific to this request.
The FAA estimated each operator’s Analysis of Alternatives
total compliance cost as follows: Competitive Analysis
Alternative One
Multiplying the baseline dollar value The aviation industry is an extremely The status quo alternative has
cost (by equipment class) by the number competitive industry with slim profit
of aircraft each small business operator compliance costs to continue the
margins. The number of operators who operation and commissioning of radar
currently has in its fleet. The FAA entered the industry and have stopped
summed these costs by equipment class sites. The FAA rejected this status quo
operations because of mergers, alternative because it is becoming
and group. The FAA then measured the acquisitions, or bankruptcy litters the
economic impact on small entities by operationally obsolete to use ground-
history of the aviation industry. based radars to track congested airways
dividing the estimated baseline dollar The FAA analyzed five years of
value compliance cost for their fleet by and pass information among control
operating profits for the affected small- centers for the duration of flights. The
the small entity’s annual revenue. entity operators listed above, and was
Each equipment group operated by a current system is not able to upgrade to
able to determine the operating profit the NextGen capabilities, nor
small entity may have to comply with for 18 of the 34 small business entities.
different requirements in the final rule, accommodate the estimated increases in
The FAA discovered that the average air traffic, which would result in
depending on the state of the aircraft’s operating profit for 33% of these 18
avionics. In the ‘‘ADS–B Out Equipage mounting delays or limitations in
affected operators was negative. Only service for many areas.
Cost Estimate’’ section of the Regulatory four of the 18 affected operators had
Impact Analysis, the FAA details its average annual operating profits that Alternative Two
methodology to estimate operators’ total exceeded $10,000,000.
compliance cost by equipment group. Alternative Two would employ a
In this competitive industry, cost technology called multilateration.
For small entity operators in the
increases imposed by this regulation Multilateration is a separate type of
sample population of 34 small aviation
will be hard to recover by raising prices, secondary surveillance system that is
entities, the ADS–B cost is estimated to
especially by those operators showing not radar-based and has limited
be: (1) Greater than 2% of annual
an average five-year negative operating deployment in the U.S. At a minimum,
revenues for about 35% of the operators;
profit. Further, large operators may be multilateration requires at least four
and (2) greater than 1% of annual
able to negotiate better pricing from ground stations to deliver the same
revenues for about 54% of the operators.
outside firms for inspections and volume of coverage and integrity of
Applying these percentages to the air
repairs, so small operators may need to information as ADS–B, because of the
transportation industry category of the
raise their prices more than large need to ‘‘triangulate’’ the aircraft’s
2006 U.S. Census Bureau data, the
operators. These factors make it difficult position.
ADS–B cost is estimated to be: (1)
for small operators to recover their Multilateration is a process that
Greater than 2% of annual revenues for
compliance costs by raising prices. If determines aircraft position by using the
at least 1,015 small entities; and (2)
small operators cannot recover all the difference in time of arrival of a signal
greater than 1% of annual revenues for
additional costs imposed by this from an aircraft at a series of receivers
at least 1,562 small entity operators.
As a result of the above analysis, the regulation, market shares could shift to on the ground. Multilateration meets the
FAA has determined that a substantial the large operators. need for accurate surveillance and is
number of small entities will be Small operators successfully compete less costly than ADS–B (however, more
significantly affected by the rule. Every in the aviation industry by providing costly than radar), but cannot achieve
small entity that operates an aircraft in unique services and controlling costs. the same level of benefits as ADS–B,
the airspace defined by this final rule The extent to which affected small such as system capacity and
will be required to install ADS–B out entities operate in niche markets will environmental improvements.
equipage and therefore will be affected affect their ability to pass on costs. Multilateration would provide the same
by this rulemaking. Currently small operators are much benefits as radar, but the FAA estimates
more profitable than established major that the cost of providing
Business Closure Analysis scheduled carriers. This final rule will multilateration (including the cost to
For commercial operators, the ratio of offset some of the advantages of lower sustain radar until multilateration is
costs to annual revenue shows that 7 of capital costs of older aircraft. operational), would exceed the cost to
34 small business air operator firms Overall, in terms of competition, this continue full radar surveillance.
would have ratios in excess of 5%. rulemaking reduces small operators’
ability to compete. Alternative Three
Since many of the other commercial
small business air operator firms do not Alternative Three would provide
Disproportionality Analysis
make their annual revenue publicly relief by having the FAA provide an
available, it is difficult to assess the The disproportionately higher impact exemption to small air carriers from all
financial impact of this final rule on of the final rule on the fleets of small requirements of this rule. This
their business. To fully assess whether operators results in disproportionately alternative would mean that small air
this final rule could force a small entity higher costs to small operators. Due to carriers would rely on the status quo
into bankruptcy requires more financial the potential of fleet discounts, large ground-based radars to track their flights
information than is publicly available. operators may be able to negotiate better and pass information among control
In the NPRM, the FAA requested pricing from outside sources for centers for the duration of the flights.
comment and supporting justification, inspections, installation, and ADS–B As discussed previously, ADS–B Out
from small entities, to assist the FAA in hardware purchases. cannot be used effectively as the
primary surveillance system if certain Pursuant to these Acts, the other than aviation, and to establish
categories of airspace users are subject establishment of standards is not appropriate regulatory distinctions. The
to separate surveillance systems. The considered an unnecessary obstacle to FAA did not receive any comments on
small air carriers operate in the same the foreign commerce of the United whether the proposed rule should apply
airspace as the larger carriers and States, so long as the standard has a differently to intrastate aviation in
general aviation. Such an exemption legitimate domestic objective, such the Alaska. The FAA has determined, based
would require two primary surveillance protection of safety, and does not on the administrative record of this
systems, which adds the cost of an operate in a manner that excludes rulemaking, that there is no need to
additional surveillance system without imports that meet this objective. The make any regulatory distinctions
improving the existing benefits. Thus, statute also requires consideration of applicable to intrastate aviation in
this alternative is not considered to be international standards and, where Alaska.
acceptable. appropriate, that they be the basis for
U.S. standards. The FAA has assessed VIII. Environmental Analysis
Alternative Four
the potential effect of this final rule and FAA Order 1050.1E identifies FAA
Alternative Four exempts small- determined that it will impose the same actions that are categorically excluded
piston engine GA operators from the unit costs on domestic and international from preparation of an environmental
requirements of this final rule. This entities and thus has a neutral trade assessment or environmental impact
final rule provides minimal benefits to impact. statement under the National
small-piston engine GA operators, while Environmental Policy Act in the
adding significant costs by mandating Unfunded Mandates Assessment
absence of extraordinary circumstances.
these operators to retrofit and equip Title II of the Unfunded Mandates The FAA has determined that this
about 150,000 small piston engine GA Reform Act of 1995 (Pub. L. 104–4) rulemaking action qualifies for the
airplanes with ADS–B Out. Even though requires each Federal agency to prepare categorical exclusion identified in
the FAA determined that the percentage a written statement assessing the effects paragraph 312f and involves no
of small piston engine GA airplanes of any Federal mandate in a proposed or extraordinary circumstances.
operating at the top Operational final agency rule that may result in an
Evolution Plan 35 airports is less than expenditure of $100 million or more (in IX. Regulations That Significantly
5%, the number of GA operations 1995 dollars) in any one year by State, Affect Energy Supply, Distribution, or
within a 30-nautical-mile radius of these local, and tribal governments, in the Use
airports is significant. This alternative aggregate, or by the private sector; such The FAA has analyzed this final rule
was not considered acceptable because a mandate is deemed to be a ‘‘significant under Executive Order 13211, Actions
ADS–B equipage for all aircraft regulatory action.’’ The FAA currently Concerning Regulations that
operating in the airspace subject to this uses an inflation-adjusted value of Significantly Affect Energy Supply,
rule is essential to gaining the overall $136.1 million in lieu of $100 million. Distribution, or Use (May 18, 2001). The
stated ADS–B benefits, realizing savings This rule is not expected to impose FAA has determined that it is not a
associated with radar decommissioning, significant costs on small governmental ‘‘significant regulatory action’’ under
and the expansion of potential future jurisdictions such as State, local, or Executive Order 13211. This is because,
benefits. tribal governments. However, the rule while it is a ‘‘significant regulatory
will result in an unfunded mandate on action’’ under Executive Order 12866
Alternative Five
the private sector because it will result and DOT’s Regulatory Policies and
This alternative is the final ADS–B in expenditures in excess of the $136.1 Procedures, it is not likely to have a
rule. ADS–B does not employ different million annual threshold. The FAA significant adverse effect on the supply,
classes of receiving equipment or considered two alternatives to the rule, distribution, or use of energy. In fact,
provide different information based on as described above, and four alternatives adoption of this final rule offers the
its location. Therefore, controllers will in the regulatory flexibility analysis potential to produce reductions in
not have to account for transitions described above. energy use in the NAS.
between surveillance solutions as an
aircraft moves closer to or farther away VI. Executive Order 13132, Federalism X. Availability of Rulemaking
from an airport. To address congestion The FAA has analyzed this final rule Documents
and delay, fuel consumption, emissions, under the principles and criteria of
You can get an electronic copy of
and future demand for air travel without Executive Order 13132, Federalism. We
rulemaking documents using the
significant delays or denial of service, determined that this action will not
Internet by—
the FAA found ADS–B to be the most have a substantial direct effect on the
cost-effective solution to maintain a States, or the relationship between the 1. Searching the Federal eRulemaking
viable air transportation system. ADS–B Federal Government and the States, or Portal at http://www.regulations.gov;
provides a wider range of services to on the distribution of power and 2. Visiting the FAA’s Regulations and
aircraft users and could enable responsibilities among the various Policies Web page at http://
applications that are not available with levels of government, and, therefore, www.faa.gov/regulations_policies/; or
multilateration or radar. does not have federalism implications. 3. Accessing the Government Printing
Office’s Web page at http://
International Trade Impact Analysis VII. Regulations Affecting Intrastate www.gpoaccess.gov/fr/index.html.
The Trade Agreements Act of 1979 Aviation in Alaska You can also get a copy by sending a
(Pub. L. 96–39), as amended by the Section 1205 of the FAA request to the Federal Aviation
Uruguay Round Agreements Act (Pub. Reauthorization Act of 1996 (110 Stat. Administration, Office of Rulemaking,
L. 103–465), prohibits Federal agencies 3213) requires the FAA, when ARM–1, 800 Independence Avenue
from establishing standards or engaging modifying its regulations in a manner SW., Washington, DC 20591, or by
in related activities that create affecting intrastate aviation in Alaska, to calling (202) 267–9680. Be sure to
unnecessary obstacles to the foreign consider the extent to which Alaska is identify the amendment number or
commerce of the United States. not served by transportation modes docket number of this rulemaking.
Anyone is able to search the §§ 91.303 through 91.319; §§ 91.323 aircraft equipped with both a
electronic form of all comments through 91.327; § 91.605; § 91.609; transponder and ADS–B Out.
received into any of our dockets by the §§ 91.703 through 91.715; and § 91.903. ■ 7. Add § 91.225 to read as follows:
name of the individual submitting the * * * * *
comment (or signing the comment, if § 91.225 Automatic Dependent
■ 3. Amend § 91.130 by revising Surveillance-Broadcast (ADS–B) Out
submitted on behalf of an association, paragraph (d) to read as follows: equipment and use.
business, labor union, etc.). You may
review DOT’s complete Privacy Act § 91.130 Operations in Class C airspace. (a) After January 1, 2020, and unless
statement in the Federal Register otherwise authorized by ATC, no person
* * * * *
published on April 11, 2000 (Volume (d) Equipment requirements. Unless may operate an aircraft in Class A
65, Number 70; Pages 19477–78) or you otherwise authorized by the ATC having airspace unless the aircraft has
may visit http://DocketsInfo.dot.gov. jurisdiction over the Class C airspace equipment installed that—
(1) Meets the requirements in TSO–
Small Business Regulatory Enforcement area, no person may operate an aircraft
C166b, Extended Squitter Automatic
Fairness Act within a Class C airspace area
Dependent Surveillance-Broadcast
designated for an airport unless that
The Small Business Regulatory (ADS–B) and Traffic Information
aircraft is equipped with the applicable
Enforcement Fairness Act (SBREFA) of Service-Broadcast (TIS–B) Equipment
equipment specified in § 91.215, and
1996 requires the FAA to comply with Operating on the Radio Frequency of
after January 1, 2020, § 91.225.
small entity requests for information or 1090 Megahertz (MHz); and
* * * * * (2) Meets the requirements of
advice about compliance with statutes
and regulations within its jurisdiction. If ■ 4. Amend § 91.131 by revising § 91.227.
you are a small entity and you have a paragraph (d) to read as follows: (b) After January 1, 2020, and unless
question regarding this document, you otherwise authorized by ATC, no person
§ 91.131 Operations in Class B airspace.
may contact your local FAA official, or may operate an aircraft below 18,000
* * * * * feet MSL and in airspace described in
the person listed under the FOR FURTHER
(d) Other equipment requirements. No paragraph (d) of this section unless the
INFORMATION CONTACT heading at the
person may operate an aircraft in a Class aircraft has equipment installed that—
beginning of the preamble. You can find
B airspace area unless the aircraft is (1) Meets the requirements in—
out more about SBREFA on the Internet
equipped with— (i) TSO–C166b; or
at http://www.faa.gov/ (1) The applicable operating
regulations_policies/rulemaking/ (ii) TSO–C154c, Universal Access
transponder and automatic altitude Transceiver (UAT) Automatic
sbre_act/. reporting equipment specified in Dependent Surveillance-Broadcast
List of Subjects in 14 CFR Part 91 § 91.215 (a), except as provided in (ADS–B) Equipment Operating on the
Aircraft, Airmen, Air traffic control, § 91.215 (e), and Frequency of 978 MHz;
Aviation safety, Incorporation by (2) After January 1, 2020, the (2) Meets the requirements of
Reference, Reporting, and recordkeeping applicable Automatic Dependent § 91.227.
requirements. Surveillance-Broadcast Out equipment (c) Operators with equipment
specified in § 91.225. installed with an approved deviation
The Amendment ■ 5. Amend § 91.135 by revising under § 21.618 of this chapter also are
■ In consideration of the foregoing, the paragraph (c) to read as follows: in compliance with this section.
Federal Aviation Administration (d) After January 1, 2020, and unless
§ 91.135 Operations in Class A airspace. otherwise authorized by ATC, no person
amends chapter I of 14 CFR as follows:
* * * * * may operate an aircraft in the following
PART 91—GENERAL OPERATING AND (c) Equipment requirements. Unless airspace unless the aircraft has
FLIGHT RULES otherwise authorized by ATC, no person equipment installed that meets the
may operate an aircraft within Class A requirements in paragraph (b) of this
■ 1. The authority citation for part 91 airspace unless that aircraft is equipped section:
continues to read as follows: with the applicable equipment specified (1) Class B and Class C airspace areas;
Authority: 49 U.S.C. 106(g), 1155, 40103, in § 91.215, and after January 1, 2020, (2) Except as provided for in
40113, 40120, 44101, 44111, 44701, 44704, § 91.225. paragraph (e) of this section, within 30
44709, 44711, 44712, 44715, 44716, 44717, * * * * * nautical miles of an airport listed in
44722, 46306, 46315, 46316, 46504, 46506– appendix D, section 1 to this part from
■ 6. Amend § 91.217 by redesignating
46507, 47122, 47508, 47528–47531, articles the surface upward to 10,000 feet MSL;
12 and 29 of the Convention on International paragraphs (a) through (c) as paragraphs
(a)(1) through (a)(3), redesignating the (3) Above the ceiling and within the
Civil Aviation (61 stat. 1180).
introductory text as paragraph (a) lateral boundaries of a Class B or Class
■ 2. Amend § 91.1 by revising paragraph introductory text, and by adding C airspace area designated for an airport
(b) to read as follows: paragraph (b) to read as follows: upward to 10,000 feet MSL;
(4) Except as provided in paragraph
§ 91.1 Applicability. § 91.217 Data correspondence between (e) of this section, Class E airspace
* * * * * automatically reported pressure altitude within the 48 contiguous states and the
(b) Each person operating an aircraft data and the pilot’s altitude reference. District of Columbia at and above 10,000
in the airspace overlying the waters * * * * * feet MSL, excluding the airspace at and
between 3 and 12 nautical miles from (b) No person may operate any below 2,500 feet above the surface; and
the coast of the United States must automatic pressure altitude reporting (5) Class E airspace at and above 3,000
comply with §§ 91.1 through 91.21; equipment associated with a radar feet MSL over the Gulf of Mexico from
§§ 91.101 through 91.143; §§ 91.151 beacon transponder or with ADS–B Out the coastline of the United States out to
through 91.159; §§ 91.167 through equipment unless the pressure altitude 12 nautical miles.
91.193; § 91.203; § 91.205; §§ 91.209 reported for ADS–B Out and Mode C/S (e) The requirements of paragraph (b)
through 91.217; § 91.221, § 91.225; is derived from the same source for of this section do not apply to any
aircraft that was not originally (December 2, 2009) may be obtained Source Integrity Level (SIL) indicates
certificated with an electrical system, or from the U.S. Department of the probability of the reported
that has not subsequently been certified Transportation, Subsequent Distribution horizontal position exceeding the
with such a system installed, including Office, DOT Warehouse M30, Ardmore containment radius defined by the NIC
balloons and gliders. These aircraft may East Business Center, 3341 Q 75th on a per sample or per hour basis, as
conduct operations without ADS–B Out Avenue, Landover, MD 20785; defined in TSO–C166b and TSO–C154c.
in the airspace specified in paragraphs telephone (301) 322–5377. Copies of System Design Assurance (SDA)
(d)(2) and (d)(4) of this section. TSO –C166B and TSO–C154c are also indicates the probability of an aircraft
Operations authorized by this section available on the FAA’s Web site, at malfunction causing false or misleading
must be conducted— http://www.faa.gov/aircraft/air_cert/ information to be transmitted, as
(1) Outside any Class B or Class C design_approvals/tso/. Select the link defined in TSO–C166b and TSO–C154c.
airspace area; and ‘‘Search Technical Standard Orders.’’ Total latency is the total time between
(2) Below the altitude of the ceiling of (2) Copies of Section 2, Equipment when the position is measured and
a Class B or Class C airspace area Performance Requirements and Test when the position is transmitted by the
designated for an airport, or 10,000 feet Procedures, of RTCA DO–260B, aircraft.
MSL, whichever is lower. Minimum Operational Performance Uncompensated latency is the time
(f) Each person operating an aircraft Standards for 1090 MHz Extended for which the aircraft does not
equipped with ADS–B Out must operate Squitter Automatic Dependent compensate for latency.
this equipment in the transmit mode at Surveillance-Broadcast (ADS–B) and (b) 1090 MHz ES and UAT Broadcast
all times. Traffic Information Services-Broadcast Links and Power Requirements—
(g) Requests for ATC authorized (TIS–B), December 2, 2009 (referenced (1) Aircraft operating in Class A
deviations from the requirements of this in TSO–C166b) and Section 2, airspace must have equipment installed
section must be made to the ATC Equipment Performance Requirements that meets the antenna and power
facility having jurisdiction over the and Test Procedures, of RTCA DO– output requirements of Class A1, A1S,
concerned airspace within the time 282B, Minimum Operational A2, A3, B1S, or B1 equipment as
periods specified as follows: Performance Standards for Universal defined in TSO–C166b, Extended
(1) For operation of an aircraft with an Access Transceiver (UAT) Automatic Squitter Automatic Dependent
inoperative ADS–B Out, to the airport of Dependent Surveillance-Broadcast Surveillance-Broadcast (ADS–B) and
ultimate destination, including any (ADS–B), December 2, 2009 (referenced Traffic Information Service-Broadcast
intermediate stops, or to proceed to a in TSO C–154c) may be obtained from (TIS–B) Equipment Operating on the
place where suitable repairs can be RTCA, Inc., 1828 L Street, NW., Suite Radio Frequency of 1090 Megahertz
made or both, the request may be made 805, Washington, DC 20036–5133, (MHz).
at any time. telephone 202–833–9339. Copies of (2) Aircraft operating in airspace
(2) For operation of an aircraft that is RTCA DO–260B and RTCA DO–282B designated for ADS–B Out, but outside
not equipped with ADS–B Out, the are also available on RTCA Inc.’s Web of Class A airspace, must have
request must be made at least 1 hour site, at http://www.rtca.org/onlinecart/ equipment installed that meets the
before the proposed operation. allproducts.cfm. antenna and output power requirements
(h) The standards required in this of either:
section are incorporated by reference ■ 8. Add § 91.227 to read as follows:
(i) Class A1, A1S, A2, A3, B1S, or B1
with the approval of the Director of the § 91.227 Automatic Dependent as defined in TSO–C166b; or
Office of the Federal Register under 5 Surveillance-Broadcast (ADS–B) Out (ii) Class A1H, A1S, A2, A3, B1S, or
U.S.C. 552(a) and 1 CFR part 51. All equipment performance requirements. B1 equipment as defined in TSO–C154c,
approved materials are available for (a) Definitions. For the purposes of Universal Access Transceiver (UAT)
inspection at the FAA’s Office of this section: Automatic Dependent Surveillance–
Rulemaking (ARM–1), 800 ADS–B Out is a function of an Broadcast (ADS–B) Equipment
Independence Avenue, SW., aircraft’s onboard avionics that Operating on the Frequency of 978
Washington, DC 20590 (telephone 202– periodically broadcasts the aircraft’s MHz.
267–9677), or at the National Archives state vector (3-dimensional position and (c) ADS–B Out Performance
and Records Administration (NARA). 3-dimensional velocity) and other Requirements for NAC P, NACV, NIC,
For information on the availability of required information as described in SDA, and SIL—
this material at NARA, call 202–741– this section. (1) For aircraft broadcasting ADS–B
6030, or go to http://www.archives.gov/ Navigation Accuracy Category for Out as required under § 91.225 (a) and
federal_register/code_of_federal_ Position (NACP) specifies the accuracy (b)—
regulations/ibr_locations.html. This of a reported aircraft’s position, as (i) The aircraft’s NACP must be less
material is also available from the defined in TSO–C166b and TSO–C154c. than 0.05 nautical miles;
sources indicated in paragraphs (h)(1) Navigation Accuracy Category for (ii) The aircraft’s NACV must be less
and (h)(2) of this section. Velocity (NACV) specifies the accuracy than 10 meters per second;
(1) Copies of Technical Standard of a reported aircraft’s velocity, as (iii) The aircraft’s NIC must be less
Order (TSO)–C166b, Extended Squitter defined in TSO–C166b and TSO–C154c. than 0.2 nautical miles;
Automatic Dependent Surveillance- Navigation Integrity Category (NIC) (iv) The aircraft’s SDA must be 2; and
Broadcast (ADS–B) and Traffic specifies an integrity containment (v) The aircraft’s SIL must be 3.
Information Service-Broadcast (TIS–B) radius around an aircraft’s reported (2) Changes in NACP, NACV, SDA,
Equipment Operating on the Radio position, as defined in TSO–C166b and and SIL must be broadcast within 10
Frequency of 1090 Megahertz (MHz) TSO–C154c. seconds.
(December 2, 2009) and TSO–C154c, Position Source refers to the (3) Changes in NIC must be broadcast
Universal Access Transceiver (UAT) equipment installed onboard an aircraft within 12 seconds.
Automatic Dependent Surveillance- used to process and provide aircraft (d) Minimum Broadcast Message
Broadcast (ADS–B) Equipment position (for example, latitude, Element Set for ADS–B Out. Each
Operating on the Frequency of 978 MHz longitude, and velocity) information. aircraft must broadcast the following
information, as defined in TSO–C166b (1) The aircraft must transmit its from the U.S. Department of
or TSO–C154c. The pilot must enter geometric position no later than 2.0 Transportation, Subsequent Distribution
information for message elements listed seconds from the time of measurement Office, DOT Warehouse M30, Ardmore
in paragraphs (d)(7) through (d)(10) of of the position to the time of East Business Center, 3341 Q 75th
this section during the appropriate transmission. Avenue, Landover, MD 20785;
phase of flight. (2) Within the 2.0 total latency telephone (301) 322–5377. Copies of
(1) The length and width of the allocation, a maximum of 0.6 seconds TSO –C166B and TSO–C154c are also
aircraft; can be uncompensated latency. The available on the FAA’s Web site, at
(2) An indication of the aircraft’s aircraft must compensate for any latency http://www.faa.gov/aircraft/air_cert/
latitude and longitude; above 0.6 seconds up to the maximum design_approvals/tso/. Select the link
(3) An indication of the aircraft’s 2.0 seconds total by extrapolating the ‘‘Search Technical Standard Orders.’’
barometric pressure altitude; geometric position to the time of (2) Copies of Section 2, Equipment
(4) An indication of the aircraft’s message transmission. Performance Requirements and Test
velocity; (3) The aircraft must transmit its Procedures, of RTCA DO–260B,
(5) An indication if TCAS II or ACAS position and velocity at least once per Minimum Operational Performance
is installed and operating in a mode that second while airborne or while moving Standards for 1090 MHz Extended
can generate resolution advisory alerts; on the airport surface. Squitter Automatic Dependent
(6) If an operable TCAS II or ACAS is (4) The aircraft must transmit its Surveillance-Broadcast (ADS–B) and
installed, an indication if a resolution position at least once every 5 seconds Traffic Information Services-Broadcast
advisory is in effect; while stationary on the airport surface. (TIS–B), December 2, 2009 (referenced
(7) An indication of the Mode 3/A (f) Equipment with an approved
in TSO–C166b) and Section 2,
transponder code specified by ATC; deviation. Operators with equipment
Equipment Performance Requirements
(8) An indication of the aircraft’s call installed with an approved deviation
and Test Procedures, of RTCA DO–
sign that is submitted on the flight plan, under § 21.618 of this chapter also are
282B, Minimum Operational
or the aircraft’s registration number, in compliance with this section.
Performance Standards for Universal
except when the pilot has not filed a (g) Incorporation by Reference. The
Access Transceiver (UAT) Automatic
flight plan, has not requested ATC standards required in this section are
Dependent Surveillance-Broadcast
services, and is using a TSO–C154c self- incorporated by reference with the
(ADS–B), December 2, 2009 (referenced
assigned temporary 24-bit address; approval of the Director of the Office of
in TSO C–154c) may be obtained from
(9) An indication if the flightcrew has the Federal Register under 5 U.S.C.
RTCA, Inc., 1828 L Street, NW., Suite
identified an emergency, radio 552(a) and 1 CFR part 51. All approved
805, Washington, DC 20036–5133,
communication failure, or unlawful materials are available for inspection at
telephone 202–833–9339. Copies of
interference; the FAA’s Office of Rulemaking (ARM–
RTCA DO–260B and RTCA DO–282B
(10) An indication of the aircraft’s 1), 800 Independence Avenue, SW.,
are also available on RTCA Inc.’s Web
‘‘IDENT’’ to ATC; Washington, DC 20590 (telephone 202–
site, at http://www.rtca.org/onlinecart/
(11) An indication of the aircraft 267–9677), or at the National Archives
allproducts.cfm.
assigned ICAO 24-bit address, except and Records Administration (NARA).
when the pilot has not filed a flight For information on the availability of 9. Amend appendix D to part 91 by
plan, has not requested ATC services, this material at NARA, call 202–741– revising section 1 introductory text to
and is using a TSO–C154c self-assigned 6030, or go to http://www.archives.gov/ read as follows:
temporary 24-bit address; federal_register/code_of_federal_ APPENDIX D TO PART 91—
(12) An indication of the aircraft’s regulations/ibr_locations.html. This AIRPORTS/LOCATIONS: SPECIAL
emitter category; material is also available from the OPERATING RESTRICTIONS
(13) An indication of whether an sources indicated in paragraphs (g)(1)
ADS–B In capability is installed; and (g)(2) of this section. Section 1. Locations at which the
(14) An indication of the aircraft’s (1) Copies of Technical Standard requirements of § 91.215(b)(2) and
Order (TSO)–C166b, Extended Squitter § 91.225(d)(2) apply. The requirements of
geometric altitude; §§ 91.215(b)(2) and 91.225(d)(2) apply below
(15) An indication of the Navigation Automatic Dependent Surveillance– 10,000 feet above the surface within a 30-
Accuracy Category for Position (NACP); Broadcast (ADS–B) and Traffic nautical-mile radius of each location in the
(16) An indication of the Navigation Information Service–Broadcast (TIS–B) following list.
Accuracy Category for Velocity (NACV); Equipment Operating on the Radio * * * * *
(17) An indication of the Navigation Frequency of 1090 Megahertz (MHz)
Integrity Category (NIC); (December 2, 2009) and TSO–C154c, Issued in Washington, DC, on May 21,
Universal Access Transceiver (UAT) 2010.
(18) An indication of the System
Design Assurance (SDA); and Automatic Dependent Surveillance– J. Randolph Babbitt,
(19) An indication of the Source Broadcast (ADS–B) Equipment Administrator.
Integrity Level (SIL). Operating on the Frequency of 978 MHz [FR Doc. 2010–12645 Filed 5–27–10; 8:45 am]
(e) ADS–B Latency Requirements— (December 2, 2009) may be obtained BILLING CODE 4910–13–P

ADS B Regulations

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ADS B Regulations

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Friday,

May 28, 2010

DEPARTMENT OF TRANSPORTATION Aviation Administration, 800 ALPA—Air Line Pilots Association,

approved by the Director of the Federal Broadcast SDA—System Design Assurance

information through the 1090 MHz ES Dependent Surveillance—Broadcast (ADS–B)

15 Minimum Operational Performance Standards

91. Information Service—Broadcast (TIS–B) Equipment the current TSOs.

exceeding the NIC containment radius; SDA

providing ADS–R at all public airports http://www.adsb.gov. operate in ADS–B Out-designated

probability of exceeding the NIC single-antenna installations are not as

in the traffic advisory mode. The ARC Communication Failure, or Unlawful

TSO–C166b and TSO–C154c provide a an ADS–B based collision-avoidance

Additionally, current search-and-rescue

downed aircraft. compliance date, but recommended that which is DO–260B.

Boeing commented that the accuracy strategy for future ADS–B In

TABLE 4—ESTIMATED BENEFITS INCLUDED IN THE NPRM REGULATORY EVALUATION

Total Benefits ............................................................................................................................... $9,948.5 $5,484.3 $2,657.7

Improved En Route Conflict Probe Performance ........................................................................ 3,258.1 1,774.0 840.1

development of automation systems that publishes in the Federal Register notice

Services; Annex 15, Aeronautical Information

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