G/TBT/N/USA/1507  
19 July 2019  
(19-4811) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Federal Aviation Administration (FAA) [1534]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where ap plicable):  Automatic 
dependent surveillance -broadcast (ADS -B) out equipment; Radiocommunications 
(ICS 33.060), Mobile services (ICS 33.070), On -board equipment and instruments 
(ICS 49.090)  
5. Title, number of pages and language(s) of the notified document:  Revision to 
Automatic Dependent Surveillance -Broadcast (ADS -B) Out Equipment and Use 
Requirements (8 page(s), in English)  
6. Description of content:  This interim final rule modifies the requirement that all aircraft 
equipped with Automatic Dependent Surveillance -Broadcast Out (ADS -B Out) must 
transmit at all times. This rulemaking provides an exception to ADS -B requirements, 
removing the transmission requirement for sensitive operations conducted by Federal, 
State and local government entities in matters of national defense, homeland security, 
intelligence and law enforcement. The changes provide relief to those Federal, State and 
local government agen cies that operate aircraft equipped with ADS -B Out but need the 
ability to terminate the transmission signal when conducting sensitive national defense, 
homeland security, intelligence and law enforcement missions that could be compromised 
by transmitting real time identification and positional flight information over ADS -B. This 
rulemaking also allows the FAA to except certain aircraft from operating a transponder or 
transmitting ADS -B Out, when doing so would jeopardize Air Traffic Control (ATC) 
functions . 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  National security requirements; Protection of human health or safety  G/TBT/N/USA/1507  
 
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  8. Relevant documents:   
• 84 Federal Register (FR) 34281, 18 July 2019; Title 14 Code of Federal 
Regulations (CFR) Part 91:  
https://www.govinfo.gov/content/pkg/F R-2019-07-18/html/2019 -15248.htm  
https://www.govinfo.gov/content/pkg/FR -2019-07-18/pdf/2019 -15248.pdf  
• G/TBT/N/USA/304 and G/TBT/N/USA/304/Add.1  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 July 2019  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2019/TBT/USA/19_4028_00_e.pdf