G/TBT/N/USA/2058  
18 October 2023  
(23-6994) 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 AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Aviation Administration (FAA) [2089]  
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 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: The FAA is providing notice and seeking comment prior to effectuating 
changes to the regulation.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, whe re applicable):  Automatic 
dependent surveillance -broadcast (ADS -B) out; On -board equipment and instruments 
(ICS code(s): 49.090)  
5. Title, number of pages and language(s) of the notified document:  Inclusion of 
Additional Automatic Dependent Surveillance - Broadcast (ADS -B) Out Technical Standard 
Orders; Incorporation by Reference; (11 page(s), in English)  
6. Description of content:  Direct final rule; request for comments by 16 November 2023 
- This rulemaking amends the Automatic Dependent Surveillance -Broadcast (ADS -B) Out 
requirements to allow aircraft meeting the performance requirements in Technical 
Standard Order (TSO) -C166c (Extended Squitter Automatic Dependent Surveillance -
Broadcast (ADS -B) and Traffic Information Service -Broadcast (TIS -B) Equipment 
Operating on the Radio Frequency of 1090 Megahertz (MHz)), or TSO -C154d, (Universal 
Access Transceiver (UAT) ADS -B Equipment Operating on the Radio Frequency of 978 
Megahertz (MHz)) to meet the regulations. Aircraft equipped withADS -B Out that meets 
the pe rformance requirements of either TSO -C166c or TSO -C154d will provide additional 
information to pilots and air traffic control, including weather information, spectrum 
monitoring, and airspeed. They will also enable new wake turbulence applications, 
enhance  weather forecasting, and enable or enhance ADS -B In applications such as Flight 
Interval Management.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  G/TBT/N/USA/2058  
 
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  8. Relevant documents:   
88 Federal Register (FR) 71468, 17 October 2023; Title 14  Code of Federal Regulations 
(CFR) Parts 43  and 91: 
https://www.govinfo.gov/content/pkg/FR -2023-10-17/html/2023 -22710.htm  
https://www.govinfo.gov/content/pkg/FR -2023-10-17/pdf/2023 -22710.pdf  
This direct final rule; request for comments is identified by Docket Number FAA -2023-
1836. The Docket Folder is available on Regulations .gov at 
https://www.regulations.gov/docket/FAA -2023-1836/document  and provides access to 
primary documents as well as comments received. Documents a re also accessible from 
Regulations.gov  by searching the Docket Number. WTO Members and their stakeholders 
are asked to submit comments to the USA TBT Enquiry Point . Comments received by the 
USA TBT Enquiry Point from WTO Members and their stakeholders by 4pm Eastern Time  
on 16 November 2023 will be shared with the regulator and will also be submitted to the 
Docket  on Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  18 December 2023  
Proposed date of entry into force:  18 December 2023  
10. Final date for comments:  16 November 2023  
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/2023/TBT/USA/23_13037_00_e.pdf