71468 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–20–11 International Aero Engines, 

LLC: Amendment 39–22570; Docket No. 

FAA–2023–1996; Project Identifier AD– 

2022–01361–E. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective November 1, 2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to International Aero 

Engines, LLC Model PW1124G1–JM, 

PW1127G–JM, PW1127GA–JM, PW1129G– 

JM, PW1130G–JM, PW1133G–JM, and 

PW1133GA–JM engines with an installed 

high-pressure compressor (HPC) rear hub, 

part number 30G4008, with a serial number 

(S/N) listed in Table 2 or Table 3 of Pratt & 

Whitney Service Bulletin PW1000G–C–72– 

00–0209–00A–930A–D, Issue No: 002, dated 

June 20, 2023 (PW1000G–C–72–00–0209– 

00A–930A–D, Issue No: 002). 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7230, Turbine Engine Compressor 

Section. 

(e) Unsafe Condition 

This AD was prompted by a manufacturer 

investigation which revealed that 

Maintenance, Repair, and Overhaul shops 

were misinterpreting accepted knife edge 

coating wear limits. The FAA is issuing this 

AD to prevent heat-induced cracking at the 

forward and aft knife edge seals and 

uncontained separation of the HPC rear hub. 

The unsafe condition, if not addressed, could 

result in uncontained debris release, damage 

to the engine, damage to the airplane, inflight shutdown, and loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

At the next engine shop visit after the 

effective date of this AD, replace the HPC 

rear hub with a part eligible for installation. 

(h) Definitions 

(1) For the purpose of this AD, a ‘‘part 

eligible for installation’’ is: 

(i) Any HPC rear hub with an S/N that does 

not appear in Table 2 or Table 3 of 

PW1000G–C–72–00–0209–00A–930A–D, 

Issue No: 002; or 

(ii) Any HPC rear hub that has been 

serviced in accordance with Pratt & Whitney 

Service Bulletin PW1000G–C–72–00–0209– 

00A–930A–D (any revision). 

(2) For the purpose of this AD, an ‘‘engine 

shop visit’’ is the induction of an engine into 

the shop for maintenance involving the 

separation of major mating engine flange H. 

The separation of engine flanges solely for 

the purpose of transportation without 

subsequent engine maintenance does not 

constitute an engine shop visit. 

(i) Credit for Previous Actions 

You may take credit for the actions 

required by paragraph (g) of this AD if you 

performed those actions before the effective 

date of this AD using Pratt & Whitney Service 

Bulletin PW1000G–C–72–00–0209–00A– 

930A–D, Issue No: 001, dated September 13, 

2022. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, AIR–520 Continued 

Operational Safety Branch, FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the AIR–520 Continued 

Operational Safety Branch, send it to the 

attention of the person identified in 

paragraph (k) of this AD and email to: ANEAD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

For more information about this AD, 

contact Mark Taylor, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: (781) 238–7229; 

email: mark.taylor@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Pratt & Whitney Service Bulletin 

PW1000G–C–72–00–0209–00A–930A–D, 

Issue No: 002, dated June 20, 2023. 

(ii) [Reserved] 

(3) For Pratt & Whitney service information 

identified in this AD, contact International 

Aero Engines LLC, 400 Main Street, East 

Hartford, CT 06118; phone: (860) 565–0140; 

email: help24@prattwhitney.com; website: 

connect.prattwhitney.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on October 5, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–22849 Filed 10–16–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 43 and 91 

[Docket No. FAA–2023–1836; Amdt. Nos. 

43–53 and 91–371] 

RIN 2120–AL70 

Inclusion of Additional Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out Technical Standard 

Orders; Incorporation by Reference 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This rulemaking amends the 

Automatic Dependent SurveillanceBroadcast (ADS–B) Out requirements to 

allow aircraft meeting the performance 

requirements in Technical Standard 

Order (TSO)–C166c (Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz)), or 

TSO–C154d, (Universal Access 

Transceiver (UAT) ADS–B Equipment 

Operating on the Radio Frequency of 

978 Megahertz (MHz)) to meet the 

regulations. Aircraft equipped with 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71469 

1Section 91.225(h), as redesignated in this rule, 

requires unmanned aircraft (UA) to equip with 

ADS–B Out and broadcast when they are operating 

under a flight plan and in two-way radio 

communication with air traffic control (ATC). The 

ADS–B Out equipment must meet the performance 

requirements in § 91.227 along with those in TSO– 

C166b or TSO–C154c. Section 91.225(h), as 

redesignated in this rule, is updated to include the 

two new TSOs. 

2 14 CFR 11.13. 

3The published TSOs and the adjudication of all 

public comments received for TSO–C166c and 

TSO–C154d can be found alongside each TSO in 

the FAA Dynamic Regulatory System (refer to 

https://drs.faa.gov). 

4See Adoption of Recommendations, 60 FR 

43109, 43110–43111 (Aug. 18, 1995) (describing 

Administrative Conference of the United States, 

Recommendation 95–4, Procedures for 

Noncontroversial and Expedited Rulemaking). 

ADS–B Out that meets the performance 

requirements of either TSO–C166c or 

TSO–C154d will provide additional 

information to pilots and air traffic 

control, including weather information, 

spectrum monitoring, and airspeed. 

They will also enable new wake 

turbulence applications, enhance 

weather forecasting, and enable or 

enhance ADS–B In applications such as 

Flight Interval Management. 

DATES: This direct final rule is effective 

December 18, 2023. 

Send comments on or before 

November 16, 2023. If the FAA receives 

an adverse comment, the FAA will 

advise the public by publishing a 

document in the Federal Register before 

the effective date of this direct final 

rule. That document may withdraw the 

direct final rule in whole or in part. 

Incorporation by reference: The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Office 

of the Federal Register as of December 

18, 2023. The incorporation by reference 

of certain other publications listed in 

this rule was approved by the Director 

of the Office of the Federal Register as 

of August 11, 2010. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–1836 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Juan 

Sebastian Yanguas, Airspace Rules & 

Regulations, AJV–P21, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–8783; email 

Juan.S.Yanguas@faa.gov. 

SUPPLEMENTARY INFORMATION: 

List of Abbreviations and Acronyms 

Frequently Used in This Document 

ADS–B—Automatic Dependent SurveillanceBroadcast 

ATC—Air Traffic Control 

ICAO—International Civil Aviation 

Organization 

MHz—Megahertz 

MOPS—Minimum Operating Performance 

Standards 

NTSB—National Transportation Safety Board 

TCAS—Traffic Collision Avoidance System 

TIS–B—Traffic Information ServiceBroadcast 

TSO—Technical Standard Order 

UAT—Universal Access Transceiver 

I. Executive Summary 

As of January 1, 2020, Federal 

Aviation Administration (FAA) 

regulations, codified in title 14 Code of 

Federal Regulations (14 CFR), §§ 91.225 

and 91.227, require aircraft to equip 

with Automatic Dependent 

Surveillance-Broadcast (ADS–B) Out to 

operate in expressly identified airspace 

areas.1 ADS–B Out equipment must 

meet the performance requirements in 

§ 91.227 along with those in Technical 

Standard Orders (TSO)–C166b or TSO– 

C154c. This rulemaking revises 

§§ 91.225 and 91.227 to allow aircraft 

with equipment that meets the 

performance requirements in the new 

TSOs, TSO–C166c and TSO–C154d, to 

also operate in compliance with the 

regulations. Specifically, to allow use of 

these new TSOs, the FAA is 

incorporating by reference TSO–C166c, 

TSO–C154d, section 2 of RTCA DO– 

260C, RTCA DO–260C Change 1, and 

section 2 of RTCA DO–282C into 14 

CFR 91.225 and 91.227. Brief summaries 

of each document being incorporated by 

reference can be found in section IV.B. 

of this preamble. These new 

performance requirements enable new 

wake turbulence applications, 

incorporate functionality for highaltitude and high-velocity vehicles, and 

enhance weather forecasting. The 

addition of TSO–C166c and TSO–C154d 

to the list of permitted TSOs will not 

negatively affect current users because 

TSO–C166b and TSO–C154c will 

remain as acceptable performance 

requirements. 

This rulemaking also makes minor 

changes to other regulatory sections of 

part 91. It revises § 91.215 to remove the 

requirement that transponders reply to 

intermode interrogations, as 

International Civil Aviation 

Organization (ICAO) prohibited those 

replies in ICAO Annex 10 Volume IV 

Standards and Recommended Practices 

and new transponder certifications do 

not include the capability to reply to 

intermode interrogations. This 

rulemaking also removes the 

requirement in part 43, appendix F, to 

verify response to an intermode 

interrogation. 

II. Direct Final Rule 

An agency typically uses direct final 

rulemaking when it anticipates that a 

proposed rule is unnecessary as the rule 

is considered noncontroversial.2 The 

FAA has determined that this rule is 

suitable for direct final rulemaking as 

the rule provides an additional means of 

compliance with ADS–B Out rule 

requirements developed in conjunction 

with new industry standards. This 

amendment will not impose any 

additional burden on operators whose 

aircraft are currently equipped with 

ADS–B Out equipment meeting the 

performance requirements of TSO– 

C166b or TSO–C154c. Additionally, this 

change will increase the ADS–B Out 

rule compliance options with additional 

collateral benefits such as new wake 

turbulence applications, increased 

functionality for high-altitude and highvelocity vehicles, and enhanced weather 

forecasting. Moreover, the FAA 

previously published the TSOs being 

incorporated by reference in this direct 

final rule for public comment and 

addressed the comments received.3 Any 

remaining changes adopted by this 

rulemaking are technical, clarifying, or 

conforming with current legal 

interpretations or international 

requirements. As such, the FAA has 

determined that this rule is suitable for 

direct final rulemaking as these changes 

are noncontroversial. 

The FAA is providing notice and 

seeking comment prior to effectuating 

changes to the regulation.4 If the FAA 


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5 14 CFR 11.31(c). 

6 14 CFR 11.31(a). 

7 14 CFR 11.31(a)(1). 

8 14 CFR 11.31(a)(1) and (2). 

9 14 CFR 11.31(b). 

10The following documents were incorporated by 

reference into 14 CFR 91.225 and 91.227 as of 

August 11, 2010 by the final rule, Automatic 

Dependent Surveillance-Broadcast (ADS–B) Out 

Performance Requirements To Support Air Traffic 

Control (ATC) Service, 75 FR 30159 (May 28, 2011): 

Technical Standard Order (TSO)–C166b, 

Extended Squitter Automatic Dependent 

Surveillance-Broadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) Equipment 

Operating on the Radio Frequency of 1090 

Megahertz (MHz) (Dec. 2, 2009); 

TSO–C154c, Universal Access Transceiver (UAT) 

Automatic Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the Frequency of 

978 MHz (Dec. 2, 2009); 

Section 2, Equipment Performance Requirements 

and Test Procedures, of RTCA DO–260B, Minimum 

Operational Performance Standards for 1090 MHz 

Extended Squitter Automatic Dependent 

Surveillance-Broadcast (ADS–B) and Traffic 

Information Services-Broadcast (TIS–B), December 

2, 2009 (referenced in TSO–C166b); and 

Section 2, Equipment Performance Requirements 

and Test Procedures, of RTCA DO–282B, Minimum 

Operational Performance Standards for Universal 

Access Transceiver (UAT) Automatic Dependent 

Surveillance-Broadcast (ADS–B), December 2, 2009 

(referenced in TSO–C154c). 

receives an adverse comment during the 

comment period, the FAA will advise 

the public by publishing a document in 

the Federal Register before the effective 

date of the direct final rule. This 

document may withdraw the direct final 

rule in whole or in part. If the FAA 

withdraws a direct final rule because of 

an adverse comment, the FAA may 

incorporate the commenter’s 

recommendation into another direct 

final rule or may publish a notice of 

proposed rulemaking (NPRM).5

For purposes of this direct final rule, 

an adverse comment is one that explains 

(1) why the rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change.6 In determining whether an 

adverse comment necessitates 

withdrawal of this direct final rule, the 

FAA will consider whether the 

comment raises an issue serious enough 

to warrant a substantive response had it 

been submitted in response to 

publication of an NPRM. A comment 

recommending additional provisions to 

the rule will not be considered adverse 

unless the comment explains how this 

direct final rule would be ineffective 

without the added provisions.7

Under the direct final rule process, 

the FAA does not consider a comment 

to be adverse if that comment 

recommends an amendment to a 

different regulation beyond the 

regulation(s) in the direct final rule at 

issue. The FAA also does not consider 

a frivolous or insubstantial comment to 

be adverse.8

If the FAA receives no adverse 

comments, the FAA will publish a 

confirmation notification in the Federal 

Register, generally within 15 days after 

the comment period closes. The 

confirmation notification announces the 

effective date of the rule.9

III. Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in title 49 of the 

United States Code (U.S.C.). Subtitle I, 

section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103 

(Sovereignty and use of airspace), and 

subpart III, section 44701 (General 

requirements). Under section 40103, the 

FAA is charged with prescribing 

regulations on the flight of aircraft 

(including regulations on safe altitudes) 

for navigating, protecting, and 

identifying aircraft, and the efficient use 

of the navigable airspace. Under section 

44701, the FAA is charged with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. 

This regulatory action is within the 

scope of both sections 40103 and 44701 

because it prescribes aircraft 

performance requirements to meet 

advanced surveillance needs to 

accommodate increases in national 

airspace system operations. As more 

aircraft operate within United States 

(U.S.) airspace, the FAA needs 

improved surveillance performance to 

accommodate the increased traffic safely 

and efficiently. 

IV. Discussion of the Direct Final Rule 

Effective January 1, 2020, 14 CFR 

91.225 requires aircraft operators to 

comply with §§ 91.225 and 91.227 when 

the aircraft is operated in designated 

classes of airspace (whereas unmanned 

aircraft must comply with § 91.225(h), 

as redesignated by this rule, when in 

two-way radio communication with air 

traffic control (ATC) and operating 

under a flight plan). To comply, the 

ADS–B Out equipment must meet the 

performance requirements of § 91.227 

and either TSO–C166b or TSO–C154c.10

Moreover, TSO–C166b and TSO–C154c 

reference and require compliance with 

RTCA DO–260B or RTCA DO–282B, 

respectively, which are minimum 

operational performance standards 

(MOPS). 

Specifically, § 91.225 states no person 

may operate an aircraft in Class A 

airspace unless the aircraft has 

equipment installed that meets the 

performance requirements in TSO– 

C166b and § 91.227. Additionally, no 

person may operate an aircraft below 

18,000 feet mean sea level and in certain 

airspace described in the regulation 

unless the aircraft meets either the 

performance requirements in § 91.227 

and either TSO–C166b or TSO–C154c. 

A TSO is a minimum performance 

standard for specified materials, parts, 

and appliances used on civil aircraft. 

These standards provide industry with 

the minimum requirements they must 

meet to certify an ADS–B Out system. 

The FAA may recognize certain TSOs as 

a means of compliance with regulatory 

requirements, or the regulation may 

explicitly incorporate the TSO 

requirements. For §§ 91.225 and 91.227, 

the FAA has specifically incorporated 

the TSOs into the regulations. This 

process ensures a harmonized approach 

for equipment functionality across 

equipment manufacturers. 

Currently, aircraft with equipment 

that meet the performance requirements 

in TSO–C166b or TSO–C154c are in 

compliance with the regulations. This 

rulemaking revises §§ 91.225 and 91.227 

to include the use of equipment 

compliant with TSO–C166c (Extended 

Squitter Automatic Dependent 

Surveillance-Broadcast (ADS–B) and 

Traffic Information Service-Broadcast 

(TIS–B) Equipment Operating on the 

Radio Frequency of 1090 Megahertz 

(MHz)) or TSO–C154d (Universal 

Access Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Radio Frequency of 978 Megahertz 

(MHz)) as options to meet the ADS–B 

Out regulations. These new TSOs 

increase information available (e.g., 

weather information or spectrum 

monitoring); enable new wake 

turbulence applications; incorporate 

functionality for high-altitude and highvelocity vehicles; and enhance weather 

forecasting. They also enable and 

enhance ADS–B In applications such as 

Flight Interval Management. These 

additions will not negatively affect 

current users, as there is no mandate for 

users to change from existing ADS–B 

Out rule-compliant equipment to meet 

the performance requirements in TSO– 

C166c or TSO–C154d. Persons using 

equipment meeting the performance 

requirements in either TSO–C166b or 

TSO–C154c may continue to use that 


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equipment after the adoption of this 

rule. 

This rulemaking also revises 

§§ 91.225 and 91.227 to clearly associate 

each Technical Standard Order with its 

associated RTCA document. While 

Section 2 of RTCA DO–260B and 

Section 2 of RTCA DO–282B were 

previously incorporated by reference 

into §§ 91.225 and 91.227, they were not 

clearly associated with the TSOs to 

which they related. With the addition of 

two new TSOs and three new RTCA 

documents, it is important each TSO be 

clearly associated with its referenced 

RTCA document(s). 

A. Addition of TSO–C166c and TSO– 

C154d Performance Standards 

TSO–C166c, which is a subject of this 

rulemaking, is largely based on RTCA’s 

Minimum Operating Performance 

Standards (MOPS) for ADS–B Out 

systems. RTCA is an independent 

standards development organization 

comprised of representatives from 

industry, government, associations, and 

academia. Representatives from these 

entities collaborated on the 

development of an updated standards 

document for ADS–B Out systems titled 

RTCA DO–260C, Minimum Operational 

Performance Standards for 1090 MHz 

Extended Squitter Automatic Dependent 

Surveillance-Broadcast (ADS–B) and 

Traffic Information Services—Broadcast 

(TIS–B). The same committee 

subsequently published RTCA DO–260C 

Change 1 as a supplemental document 

to correct errors and add clarifications. 

RTCA made both RTCA DO–260C and 

RTCA DO–260C Change 1 available to 

the public through the RTCA website, 

and the responsible committee 

adjudicated all comments received. 

Specifically, the FAA requires 

compliance with Section 2 of RTCA 

DO–260C as modified by Change 1 as 

part of TSO–C166c. Section 2 

establishes equipment performance 

requirements for 1090 MHz ADS–B 

systems. Compliance with the TSO, 

including Section 2 of RTCA DO–260C 

as modified by Change 1, allows 

industry to show the FAA that their 

system is designed and manufactured as 

required by FAA regulations. 

RTCA DO–260C as modified by 

Change 1, updates the previous RTCA 

DO–260B performance standard to 

provide additional capabilities 

enhancing areas such as safety, 

equipment performance, airspace 

efficiency, and data reporting. The 

substantive changes from the previous 

MOPS include: 

• Changes to support ICAO 

requirements that Autonomous Distress 

Tracking automatically provide position 

information at least once per minute 

when in distress. Although current 

§ 91.227(c) already requires the position 

information, the RTCA revision 

provides a means to initiate broadcast 

announcing that the aircraft is in 

distress. 

• Additional elements in ADS–B Out 

messages, including wind and 

temperature data, to support more 

precise spacing of aircraft by air traffic 

control (ATC). In addition, the avionics 

will be able to support capability for 

ground radars to extract Flight Interval 

Management data from the aircraft. 

• The broadcast of aircraft-derived 

weather data for applications such as 

Flight Interval Management, wake 

vortex avoidance and surfing, hazardous 

weather detection and avoidance, and 

aviation weather forecasting. 

• The broadcast of pilot-observed 

weather during flight, including 

temperature, wind, turbulence, and 

hazardous weather information. 

• The broadcast of an unmanned 

aircraft system (UAS)/Remotely Piloted 

Aircraft System (RPAS) lost link 

condition. In this condition, the UAS/ 

RPAS may broadcast its contingency 

plan, identifying the course of action the 

UAS/RPAS is following. 

• Increased the reporting range of 

altitude and velocity to support 

commercial space and hypersonic 

aircraft operations. 

• Inclusion of new capabilities for 

Airborne Collision Avoidance System 

(ACAS)–X, Detect and Avoid (DAA), as 

well as future Collision Avoidance 

Systems (CAS). The new capabilities 

include expanded information-laying 

framework for future passive CAS and 

alternate coordination techniques. 

• Improved Geometric Altitude 

reporting by increasing the reportable 

difference between geometric and 

barometric altitude when information 

for both is available. Additionally, 

minimized the reporting of no integrity 

by expanding the Navigation Integrity 

Category (NIC) reporting when solely 

geometric altitude is available. 

• Provisions for Phase Overlay (PO) 

techniques enhancing future capacity 

and efficiency of the 1090 MHz 

frequency. PO allows for transmission of 

additional data within existing ADS–B 

Out messages without the need for 

additional messages. 

• Enhanced requirements for 

selection of transmission of airborne or 

surface message formats for aircraft 

without an automatic means of 

determining on-the-ground status (e.g., a 

landing gear weight on wheels switch). 

• The broadcast of Interrogation/ 

Reply Monitor data, including 

measurements of transponder 

interrogation and reply rate activity. 

• Improved emitter category 

classifications and descriptions to 

prevent misuse by future applications. 

• Transmission of transponder 

antenna offset information improving 

tracking of aircraft and vehicles 

operating on the airport surface by the 

airport surface detection systems. 

TSO–C154d, which is also the subject 

of this rulemaking, is largely based on 

RTCA DO–282C, Minimum Operational 

Performance Standards (MOPS) for 

Universal Access Transceiver (UAT) 

Automatic Dependent SurveillanceBroadcast (ADS–B). RTCA made RTCA 

DO–282C available to the public 

through the RTCA website, and the 

responsible committee adjudicated all 

comments received. 

Specifically, the FAA requires 

compliance with Section 2 of RTCA 

DO–282C as part of TSO–C154d. 

Section 2 establishes equipment 

performance requirements for UAT 

ADS–B systems. Compliance with the 

TSO, including Section 2 of RTCA DO– 

282C, allows industry to show the FAA 

that their system is designed and 

manufactured as required by FAA 

regulations. 

RTCA DO–282C updates the previous 

RTCA DO–282B performance standard 

to provide additional capabilities 

enhancing areas such as safety, 

equipment performance, airspace 

efficiency, and data reporting. The 

substantive changes to the previous 

performance standard include: 

• Changes to support ICAO 

requirements that Autonomous Distress 

Tracking automatically provide position 

information at least once per minute 

when in distress. Although current 

§ 91.227(c) already requires the position 

information, the RTCA revision 

provides a means to initiate broadcast 

announcing that the aircraft is in 

distress. 

• Additional elements in ADS–B Out 

messages, including wind and 

temperature data, to support more 

precise spacing of aircraft by ATC. In 

addition, the avionics will be able to 

support capability for ground radars to 

extract Flight Interval Management data 

from the aircraft. 

• The broadcast of aircraft-derived 

weather data for applications such as 

Flight Interval Management, wake 

vortex avoidance and surfing, hazardous 

weather detection and avoidance, and 

aviation weather forecasting. 

• The broadcast of pilot-observed 

weather during flight, including 

temperature, wind, turbulence, and 

hazardous weather information. 


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11 5 U.S.C. 552(a). 

12 5 U.S.C. 552(a) requires that matter 

incorporated by reference be ‘‘reasonably available’’ 

as a condition of its eligibility. Further, 1 CFR 

51.5(b)(2) requires that agencies seeking to 

incorporate material by reference discuss in the 

preamble of the final rule the ways that the material 

it is incorporating by reference is reasonably 

available to interested parties and how interested 

parties can obtain the material. 

• The broadcast of a UAS/RPAS lost 

link condition. In this condition, the 

UAS/RPAS may broadcast its 

contingency plan, identifying the course 

of action the UAS/RPAS is following. 

• Increased the reporting range of 

altitude and velocity to support 

commercial space and hypersonic 

aircraft operations. 

• Enhanced requirements for 

selection of transmission of airborne or 

surface message formats for aircraft 

without an automatic means of 

determining on-the-ground status (e.g., a 

landing gear weight on wheels switch). 

• Improved emitter category 

classifications and descriptions to 

prevent misuse by future applications. 

This rule will allow aircraft with 

equipment compliant with the 

performance requirements of TSO– 

C166c and RTCA DO–260C as modified 

by Change 1, and TSO–C154d and 

RTCA DO–282C to operate in the 

airspace areas identified in § 91.225. 

Importantly, this rulemaking does not 

impact any operators currently in 

compliance with §§ 91.225 and 91.227. 

Including TSO–C166c and TSO– 

C154d in §§ 91.225 and 91.227 allows 

the use of updated technology to meet 

ADS–B Out requirements and enables 

improvements in the ADS–B 

environment, such as the ability to 

transmit additional data; and to include 

ADS–B Out for high-altitude and highvelocity vehicles. 

B. Incorporation by Reference 

Incorporation by reference (IBR) is a 

mechanism that allows Federal agencies 

to comply with the requirements of the 

Administrative Procedure Act to 

publish rules in the Federal Register 

and the CFR by referring to material 

published elsewhere.11 Material that is 

incorporated by reference has the same 

legal status as if it were published in full 

in the Federal Register and the CFR. 

The standards referenced in this rule 

include technical information and 

specifications for equipment and 

capabilities required to meet FAA ADS– 

B Out requirements. 

The standards referenced in §§ 91.225 

and 91.227 of this rule are incorporated 

by reference with the approval of the 

Director of the Office of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. In accordance with 5 

U.S.C. 552(a) and 1 CFR part 51,12 all 

approved materials are available for 

inspection at the FAA’s Office of 

Rulemaking, 800 Independence Avenue 

SW, Washington, DC 20590 (telephone 

(202) 267–9677). This material is also 

available from the sources indicated in 

paragraphs (i)(1) and (2) of § 91.225, as 

redesignated by this rule, and 

paragraphs (g)(1) and (2) of § 91.227 and 

as follows: 

1. Copies of the following Technical 

Standard Orders (TSOs) may be 

obtained from the U.S. Department of 

Transportation, Subsequent Distribution 

Office, DOT Warehouse M30, Ardmore 

East Business Center, 3341 Q 75th 

Avenue, Landover, MD 20785; 

telephone (301) 322–5377. Copies are 

also available on the FAA’s website at 

www.faa.gov/aircraft/air_cert/design_

approvals/tso/. Select the link ‘‘Search 

Technical Standard Orders.’’ 

a. TSO–C166c, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service—Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz) 

(March 10, 2023); 

i. This TSO contains the minimum 

performance standards that 1090 MHz 

ADS–B and TIS–B equipment must 

meet for approval and identification 

with the applicable TSO marking. 

b. TSO–C154d, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Radio Frequency of 978 Megahertz 

(MHz) (March 10, 2023). 

i. This TSO contains the minimum 

performance standards that UAT ADS– 

B equipment and/or UAT diplexers 

must meet for approval and 

identification with the applicable TSO 

marking. 

2. Copies of the following documents 

may be obtained from RTCA, Inc., 1150 

18th St. NW, Suite 910, Washington, DC 

20036, telephone (202) 833–9339. 

Copies are also available on the RTCA 

Inc. Website at https://www.rtca.org/ 

products. 

a. RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 17, 

2020; and Minimum Operational 

Performance Standards for 1090 MHz 

Extended Squitter Automatic Dependent 

Surveillance-Broadcast (ADS–B) and 

Traffic Information Services-Broadcast 

(TIS–B) Change 1, January 25, 2022 

(referenced in TSO–C166c); 

i. Section 2 of RTCA DO–260C 

contains the equipment performance 

requirements and test procedures for 

1090 MHz ADS–B and TIS–B 

equipment. 

ii. DO–260C Change 1 contains 

updates, corrections, and additional 

material to support the implementation 

of RTCA DO–260C. 

b. RTCA DO–282C, Minimum 

Operational Performance Standards 

(MOPS) for Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast (ADS 

B), Section 2, Equipment Performance 

Requirements and Test Procedures, June 

23, 2022 (referenced in TSO–C154d). 

i. Section 2 of RTCA DO–282C 

contains the equipment performance 

requirements and test procedures for 

UAT ADS–B equipment. 

The following standards appear in the 

amendatory text of this document and 

were previously approved for the 

locations in which they appear: TSO– 

C166b, TSO–C154c, RTCA DO–260B, 

Section 2, and RTCA DO–282B, Section 

2. 

C. Advisory Circulars Updated as Part of 

This Rulemaking 

As part of this rulemaking, the FAA 

is updating FAA Advisory Circular (AC) 

90–114B, Automatic Dependent 

Surveillance—Broadcast Operations, to 

modify references to the TSOs listed for 

ADS–B Out equipment that complies 

with title 14 of the Code of Federal 

Regulations part 91, §§ 91.225 and 

91.227. 

D. Miscellaneous Amendments 

This rule also includes a number of 

minor miscellaneous changes to 

§§ 91.215, 91.225, and 91.227 to 

incorporate updated ICAO 

requirements, clarify ambiguities 

identified in past requests for legal 

interpretations, clarify vague 

requirements, correct previous 

typographical errors, change a physical 

location address, and ensure valid 

website links. 

The FAA amends §§ 91.215 and 

91.227 by replacing the term ‘‘Mode 

3/A’’ with ‘‘Mode A’’ in both § 91.215(b) 

and § 91.227(d)(7). Mode A is a civilian 

mode intended to elicit transponder 

replies for identity and surveillance. 

Mode 3 is a military mode also used to 

elicit transponder replies for identity 

and surveillance. Mode 3 contains all 

the functionality of Mode A along with 

additional military-specific capability. 

For this reason, the military community 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71473 

13See ICAO Annex 10 Vol IV sec. 3.1.2.4.1.3.2.1. 

14Available at https://www.faa.gov/about/office_

org/headquarters_offices/agc/practice_areas/ 

regulations/interpretations. 

often uses the term ‘‘Mode 3/A,’’ a term 

the civil community does not widely 

use. This editorial change will properly 

emphasize that the regulation requires 

the Mode A functionality and not the 

military-specific functionality of Mode 

3. In addition, using the term Mode A 

is consistent with the language used by 

ICAO and RTCA documents. 

This rule also removes the 

requirement in § 91.215(b) to reply to 

intermode interrogations, and removes 

the requirement in part 43, appendix F, 

to verify response to an intermode 

interrogation. Currently, § 91.215(b) 

requires aircraft equipped with a Mode 

S capability to reply ‘‘to Mode 3/A 

interrogations with the code specified 

by ATC and intermode and Mode S 

interrogations in accordance with the 

applicable provisions specified in TSO 

C–112.’’ Additionally, part 43, appendix 

F, paragraph (h), requires verification 

that an ATC transponder respond to an 

Air Traffic Control Radar Beacon 

System (ATCRBS)/Mode S all-call 

interrogation. ICAO Annex 10 Volume 

IV establishes two types of intermode 

interrogations: Mode A/C/S all-call and 

Mode A/C-only all-call. Mode A/C/S allcall interrogations were designed to 

produce a Mode S reply in Mode S 

capable transponders and a Mode A or 

C reply in non-Mode S capable 

transponders. Mode A/C-only all-call 

interrogations were designed to not 

produce a reply by Mode S capable 

transponders and to produce a Mode A 

or C reply in non-Mode S transponders. 

Therefore, the only type of intermode 

interrogation that a Mode S transponder 

was intended to reply to per § 91.215(b) 

was a Mode A/C/S all-call interrogation. 

However, ICAO now prohibits replies to 

Mode A/C/S all-call interrogations in 

new equipment certifications.13 Mode 

A/C/S all-call interrogations were never 

implemented in U.S. ground radar 

systems, but the inclusion of this 

capability within existing transponders 

led to an increase in what is known as 

False Replies Un-synchronized In Time 

(FRUIT). Radio Frequency (RF) 

propagation effects often result in a 

Mode A/C-only all-call interrogation 

appearing to be a Mode A/C/S all-call 

interrogation at the receiver of a 

transponder. When a Mode S 

transponder decodes a Mode A/C/S allcall interrogation, an undesired reply is 

transmitted by the transponder, 

resulting in the increase of FRUIT. 

Removal of the requirement to reply to 

intermode interrogations ensures 

compliance with ICAO requirements 

and reduces the number of unsolicited 

replies, thus reducing 1090 MHz 

spectrum congestion. RTCA DO–181F, 

referenced by TSO–C112f, also prohibits 

Mode S transponders from responding 

to Mode A/C/S all-call interrogations. 

Equipment certified to TSO–C112 

versions prior to TSO–C112f will retain 

the capability to reply to Mode A/C/S 

all-call interrogations and will continue 

to be compliant with § 91.215(b). 

Accordingly, this rule removes the 

requirement in 14 CFR part 43, 

appendix F, paragraph (h), to verify 

response to an intermode interrogation, 

specifically the ATCRBS/Mode S all-call 

formats (1.6 microsecond P4 pulse), 

which is another name for the Mode A/ 

C/S all-call interrogation. This 

conforming amendment aligns the 

inspection and test requirements in part 

43 with the ICAO prohibition to reply 

to Mode A/C/S all-call interrogations. 

This rule also amends part 43, 

appendix F, paragraph (j), which 

requires verification that the Mode S 

transponder generates a correct squitter 

approximately once per second, by 

clarifying the squitter is an acquisition 

squitter. 

Additionally, the FAA amends 

§ 91.225(e) by adding the term ‘‘enginedriven’’ before ‘‘electrical system.’’ This 

amendment will clarify that the relief 

described in § 91.225 applies to aircraft 

whose electrical system was not 

originally or subsequently certificated to 

be powered by the aircraft’s engine. This 

rephrasing is consistent with the phrase 

used in § 91.215(b)(3) to describe the 

same category of aircraft. The difference 

in language has led to confusion among 

regulated entities, as evidenced by the 

FAA’s legal interpretation sent to David 

Schober on January 5, 2017.14 Mr. 

Schober requested clarification on the 

applicability of § 91.225(e) to aircraft 

that had not been originally certificated 

with an electrical system but which 

have subsequently had batteries or 

electric starters installed. The FAA 

determined that the intent of the 

language was to cover the same types of 

aircraft as in the transponder regulation. 

This amendment will make it clear that 

both regulatory provisions refer to the 

same category of aircraft. 

The FAA is revising the definitions 

for ‘‘Navigation Accuracy Category for 

Position (NACP)’’, ‘‘Navigation 

Accuracy Category for Velocity 

(NACV)’’, ‘‘Navigation Integrity 

Category (NIC)’’, ‘‘Source Integrity Level 

(SIL)’’, and ‘‘System Design Assurance 

(SDA)’’ in § 91.227(a) to remove the 

references to TSO–C166b and TSO– 

C154c. The FAA has determined that 

including references to these standards 

in the definitions themselves is 

unnecessary and could lead to 

confusion as more Technical Standard 

Orders are added to this regulation. The 

FAA notes that references to the 

Technical Standard Orders appear in 

the actual regulatory requirements of 

§ 91.227. 

Further, the FAA also amends the 

way it describes the System Design 

Assurance (SDA) reporting requirements 

in § 91.227(c)(1)(iv) and the Source 

Integrity Level (SIL) reporting 

requirement in § 91.227(c)(1)(v) without 

changing the underlying substantive 

requirement itself. Under the FAA’s 

current regulation, the FAA codified 

numerical values used by RTCA to 

represent probability values. That is, per 

DO–260B, an SDA value of 2 represents 

‘‘the probability of a position 

transmission chain fault causing false or 

misleading position information to be 

transmitted’’ to be ≤1 × 10¥5 per flight 

hour. This action revises 

§ 91.227(c)(1)(iv) to require an SDA of 

≤1 × 10¥5 per flight hour instead of the 

equivalent RTCA DO–260B value of 2. 

A SIL of 3 represents ‘‘the probability of 

the reported horizontal position 

exceeding the radius of containment 

(RC) defined by the NIC, without 

alerting, assuming no avionics faults’’ to 

be ≤1 × 10¥7 per flight hour or per 

sample. Therefore, § 91.227(c)(1)(v) will 

require a SIL value of ≤1 × 10¥7 per 

flight hour or per sample instead of the 

equivalent RTCA DO–260B value of 3. 

This change does not alter the 

underlying performance requirements. 

Instead, it codifies the actual probability 

requirement rather than the equivalent 

conversion used by RTCA DO–260B. 

This editorial change makes the 

regulation’s performance requirements 

clear within the regulation without 

having to consult RTCA DO–260B. It 

also ensures that this performance 

standard remains constant in case RTCA 

revises SDA and SIL. 

Additionally, this rule amends 

§ 91.227(d)(13) to conform to the FAA’s 

intent that the element indicate that the 

aircraft has the capability to receive 

ADS–B In services, not necessarily that 

this capability be installed. The revised 

regulatory text will replace the current 

word ‘‘installed’’ with the word 

‘‘available.’’ After the amendment’s 

effective date, § 91.227(d)(13) will 

require ‘‘[a]n indication of whether 

ADS–B In capability is available.’’ The 

FAA became aware of the confusion 

after John D. Collins’ September 20, 

2012 letter requesting an interpretation 


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71474 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

15Available at www.faa.gov/about/office_org/ 

headquarters_offices/agc/practice_areas/ 

regulations/interpretations. 

16 75 FR 30159. 

17Available at https://drs.faa.gov/browse. 

of § 91.227(d)(13).15 Mr. Collins 

explained that some aircraft operators 

use portable ADS–B In receivers 

without installing the equipment. By 

using the word ‘‘installed’’ in the 

regulatory language, some aircraft 

operators and installers believed that an 

aircraft could not indicate ADS–B In 

capability if the appropriate equipment 

was not physically installed on the 

aircraft. 

Per the preamble to the Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out Performance Requirements 

to Support Air Traffic Control (ATC) 

Service published on May 28, 2010,16

the ADS–B In capability is meant to 

provide ADS–B ground stations with an 

indication of what, if any, FAA ADS–B 

services should be provided to the 

aircraft. In a legal interpretation sent to 

John D. Collins on August 23, 2013, the 

FAA explained that the intent was for 

this message element to indicate that the 

aircraft has the capability to receive 

ADS–B In services, not necessarily that 

this capability is installed. Therefore, 

this change clarifies that aircraft are to 

indicate that ADS–B reception 

capability is available, even if the 

system receiving the data is not 

installed on the aircraft. The FAA 

ground stations will provide ADS–B In 

services to all eligible aircraft indicating 

an ADS–B In capability. 

The FAA also clarifies § 91.227(d)(5) 

by revising ‘‘TCAS II or ACAS’’ to 

‘‘collision avoidance system.’’ While the 

FAA often uses the term TCAS in 

various rules and regulations, other 

nations and ICAO generally use the term 

ACAS. For this reason, § 91.227 used 

the term ‘‘TCAS II or ACAS’’ in an 

attempt to reduce confusion. Since the 

initial publication of § 91.227, the FAA 

published a new TSO (TSO–C219) for 

an additional collision avoidance 

system: ACAS Xa/Xo. TSO–C219 was 

published by the FAA on February 28, 

2020.17 Additionally, various other 

collision avoidance systems are 

currently in development. Due to the 

long-standing confusion with the 

terminology, RTCA, ICAO, and 

international regulators all use the 

generic term ‘‘collision avoidance 

system (CAS).’’ This editorial change 

provides enhanced clarity but does not 

alter the existing broadcast 

requirements. 

Further, the FAA clarifies 

§ 91.227(d)(8) by changing the required 

broadcast information from ‘‘an 

indication of the aircraft’s call sign that 

is submitted on the flight plan, or the 

aircraft’s registration number’’ to ‘‘an 

indication of the aircraft identification 

that is submitted on the flight plan or 

used for communicating with ATC.’’ 

The change will clarify, not alter, the 

substantive meaning of the paragraph. 

On July 27, 2017, the FAA sent an 

internal request for legal interpretation 

of § 91.225(d)(8). Some manufacturers 

and operators interpreted the existing 

language to mean that the aircraft 

registration number could be 

programmed into the aircraft 

identification field of the ADS–B 

avionics and yet a different aircraft call 

sign could be filled in the flight plan. 

The FAA legal interpretation sent to Jere 

Hayslett on August 3, 2017, stated that 

in the preamble to the final rule, to 

satisfy § 91.227(d)(8) a pilot would have 

to provide the same call sign on their 

flight plan as they transmit out using 

ADS–B to avoid ATC confusion. This 

amendment makes clear that the aircraft 

identification included on the flight 

plan must match the aircraft 

identification transmitted via ADS–B 

Out. Furthermore, the change also 

clarifies that for those aircraft that do 

not file a flight plan, the aircraft 

identification transmitted via ADS–B 

Out must match the aircraft 

identification used for communicating 

with ATC and ensures ATC can 

correlate flight plan information with 

information displayed on the radar 

display. 

In addition, the FAA is undertaking 

the following purely clerical changes: 

• Corrects typographical errors in 

§§ 91.225(i)(1), as redesignated by this 

rule, and 91.227(c) and (g)(1) and (2). 

These include removing of extra spaces, 

correcting capitalizations, and 

correcting placement of dash marks. 

• Updates website addresses in 

§§ 91.225(i) introductory text and (i)(1) 

and (2), as redesignated by this rule, and 

91.227(g) introductory text and (g)(1) 

and (2). 

• Updates the RTCA physical address 

in §§ 91.225(i)(2), as redesignated by 

this rule, and 91.227(g)(2). 

V. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

executive orders and other 

requirements. First, Executive Order 

12866 and Executive Order 13563, as 

amended by Executive Order 14094 

(‘‘Modernizing Regulatory Review’’), 

direct that each Federal agency shall 

propose or adopt a regulation only upon 

a reasoned determination that the 

benefits of the intended regulation 

justify the costs. Second, the Regulatory 

Flexibility Act of 1980 (Pub. L. 96–354) 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (Pub. L. 96–39) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

that may result in the expenditure by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more (adjusted annually 

for inflation) in any one year. The 

current threshold after adjustment for 

inflation is $177 million using the most 

current (2022) Implicit Price Deflator for 

the Gross Domestic Product. This 

portion of the preamble summarizes the 

FAA’s analysis of the economic impacts 

of this rule. 

In conducting these analyses, the FAA 

has determined that this rule has 

benefits that justify its costs; is not 

significant as defined in section 3(f)(1) 

of Executive Order 12866; will not have 

a significant economic impact on a 

substantial number of small entities; 

will not create unnecessary obstacles to 

the foreign commerce of the United 

States; and, will not impose an 

unfunded mandate on State, local, or 

tribal governments, or on the private 

sector. 

A. Regulatory Evaluation 

ADS–B enhances safety and efficiency 

and directly benefits pilots, controllers, 

airports, airlines, and the public. This 

rule enables additional features of ADS– 

B Out as an option to meet all ADS–B 

requirements by revising §§ 91.225 and 

91.227. Since this direct final rule 

maintains the performance standards by 

providing aircraft operators the option, 

on a voluntary basis, to implement 

additional features into the ADS–B 

equipment, the direct final rule will not 

incur any costs to the operators and the 

public. Revising § 91.215 adds no new 

cost to the public because it removes the 

requirement to support a capability that 

has no operational use. By increasing 

the information available, enabling new 

wake turbulence applications, 

incorporating functionality for highaltitude and high-velocity vehicles, and 

enhancing weather forecasting, this 

direct final rule has unquantifiable 

benefits to aircraft operators. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act (RFA), 

Public Law 96–354, (5 U.S.C. 601–612), 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71475 

as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(Pub. L. 104–121) and the Small 

Business Jobs Act (Pub. L. 111–240), 

requires Federal agencies to consider 

the effects of the regulatory action on 

small business and other small entities 

and to minimize any significant 

economic impact. The term ‘‘small 

entities’’ comprises small businesses 

and not-for-profit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

Agencies must perform a review to 

determine whether a rulemaking would 

have a significant economic impact on 

a substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. However, if an agency determines 

that a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify, 

and a regulatory flexibility analysis is 

not required. 

This direct final rule adds an option 

for aircraft operators to incorporate 

additional features into ADS–B 

equipment described in §§ 91.225 and 

91.227 and allows for the removal of an 

unused capability in § 91.215. This 

direct final rule will not require 

additional reporting, recordkeeping, and 

other compliances for small businesses. 

Therefore, as provided in section 

605(b), the head of the FAA certifies 

that this direct final rule does not result 

in a significant economic impact on a 

substantial number of small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this rule and 

determined that it will impose no costs 

on either domestic or international 

entities and thus has a neutral trade 

impact. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$177.0 million in lieu of $100 million. 

This rule does not contain such a 

mandate. Therefore, the requirements of 

title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this direct 

final rule. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices (SARPs) to the 

maximum extent practicable. ICAO 

plans to update its current SARPs to 

reflect harmonized changes to both 

RTCA and EUROCAE minimum 

performance standards, as appropriate, 

for ADS–B Out operations. The FAA 

also will continue to work with the 

international community to ensure 

harmonization. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6f for regulations and 

involves no extraordinary 

circumstances. 

VI. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this direct 

final rule under the principles and 

criteria of Executive Order 13132, 

Federalism. The agency determined that 

this action will not have a substantial 

direct effect on the States, or the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this direct final 

rule under Executive Order 13211, 

Actions Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. The agency has 

determined that this rule is not a 

‘‘significant energy action’’ under the 

Executive order and the rule is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

C. Executive Order 13609, International 

Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA analyzed this 

action under the policies and agency 

responsibilities of Executive Order 

13609 and has determined that this 

action would have no effect on 

international regulatory cooperation. 

VII. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The most helpful comments 

reference a specific portion of the rule, 

explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking. Before acting on this 

rulemaking, the FAA will consider all 


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71476 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

comments it receives on or before the 

closing date for comments. The agency 

may change this rule in light of the 

comments it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

B. Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this direct final 

rule contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this direct final rule, it is 

important that you clearly designate the 

submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this direct final rule. Submissions 

containing CBI should be sent to the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

C. Electronic Access and Filing 

A copy of this direct final rule, all 

comments received, any confirmation 

document, and all background material 

may be viewed online at https://

www.regulations.gov using the docket 

number listed above. A copy of this 

direct final rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found on the FAA’s Regulations 

and Policies website at https://

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Interested 

persons must identify the docket or 

amendment number of this rulemaking. 

All documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed in the 

electronic docket for this rulemaking. 

D. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document may contact its local 

FAA official or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the internet, visit https://

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 43 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

14 CFR Part 91 

Air traffic control, Aircraft, Airports, 

Aviation safety, Incorporation by 

reference, Transportation. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 43—MAINTENANCE, 

PREVENTIVE MAINTENANCE, 

REBUILDING, AND ALTERATION 

■ 1. The authority citation for part 43 

continues to read as follows: 

Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 

106(g), 40105, 40113, 44701–44702, 44704, 

44707, 44709, 44711, 44713, 44715, 45303. 

■ 2. Amend appendix F to part 43 by 

revising paragraphs (h) and (j) to read as 

follows: 

Appendix F to Part 43—ATC 

Transponder Tests and Inspections 

* * * * * 

(h) Mode S All-Call Interrogations: 

Interrogate the Mode S transponder with the 

Mode S-only all-call format UF = 11 and 

verify that the correct address and capability 

are reported in the replies (downlink format 

DF = 11). 

* * * * * 

(j) Squitter: Verify that the Mode S 

transponder generates a correct acquisition 

squitter approximately once per second. 

* * * * * 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 3. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 4. Amend § 91.215 by revising the 

introductory text of paragraph (b) to 

read as follows: 

§ 91.215 ATC transponder and altitude 

reporting equipment and use. 

* * * * * 

(b) All airspace. Unless otherwise 

authorized or directed by ATC, and 

except as provided in paragraph (e)(1) of 

this section, no person may operate an 

aircraft in the airspace described in 

paragraphs (b)(1) through (5) of this 

section, unless that aircraft is equipped 

with an operable coded radar beacon 

transponder having either Mode A 4096 

code capability, replying to Mode A 

interrogations with the code specified 

by ATC, or a Mode S capability, 

replying to Mode A interrogations with 

the code specified by ATC and Mode S 

interrogations in accordance with the 

applicable provisions specified in TSO– 

C112, and that aircraft is equipped with 

automatic pressure altitude reporting 

equipment having a Mode C capability 

that automatically replies to Mode C 

interrogations by transmitting pressure 

altitude information in 100-foot 

increments. The requirements of this 

paragraph (b) apply to— 

* * * * * 

■ 5. Amend § 91.225 by: 

■ a. Revising paragraphs (a)(1), (b), and 

(e) introductory text. 

■ b. Redesignating paragraphs (h) and (i) 

as set out in the following redesignation 

table. 

Old paragraph New paragraph 

paragraph (h) ............ paragraph (i). 

paragraph (i) ............. paragraph (h). 

■ c. Revising newly redesignated 

paragraphs (h)(1)(i) and (i). 

The revisions read as follows: 

§ 91.225 Automatic Dependent 

Surveillance-Broadcast (ADS–B) Out 

equipment and use. 

(a) * * * 


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(1) Meets the performance 

requirements in– 

(i) TSO–C166b and Section 2 of RTCA 

DO–260B (as referenced in TSO–C166b); 

or 

(ii) TSO–C166c and Section 2 of 

RTCA DO–260C as modified by DO– 

260C—Change 1 (as referenced in TSO– 

C166c); and 

* * * * * 

(b) After January 1, 2020, except as 

prohibited in paragraph (h)(2) of this 

section or unless otherwise authorized 

by ATC, no person may operate an 

aircraft below 18,000 feet MSL and in 

airspace described in paragraph (d) of 

this section unless the aircraft has 

equipment installed that— 

(1) Meets the performance 

requirements in— 

(i) TSO–C166b and Section 2 of RTCA 

DO–260B (as referenced in TSO–C166b); 

(ii) TSO–C166c and Section 2 of 

RTCA DO–260C as modified by DO– 

260C—Change 1 (as referenced in TSO– 

C166c); 

(iii) TSO–C154c and Section 2 of 

RTCA DO–282B (as referenced in TSO– 

C154c); or 

(iv) TSO–C154d and Section 2 of 

RTCA DO–282C (as referenced in TSO– 

C154d); 

(2) Meets the requirements of 

§ 91.227. 

* * * * * 

(e) The requirements of paragraph (b) 

of this section do not apply to any 

aircraft that was not originally 

certificated with an engine-driven 

electrical system, or that has not 

subsequently been certified with such a 

system installed, including balloons and 

gliders. These aircraft may conduct 

operations without ADS–B Out in the 

airspace specified in paragraph (d)(4) of 

this section. These aircraft may also 

conduct operations in the airspace 

specified in paragraph (d)(2) of this 

section if those operations are 

conducted— 

* * * * * 

(h) * * * 

(1) * * * 

(i) That aircraft has equipment 

installed that meets the performance 

requirements in TSO–C166b (including 

Section 2 of RTCA DO–260B, as 

referenced in TSO–C166b), TSO–C166c 

(including Section 2 of RTCA DO–260C 

as modified by DO–260C—Change 1, as 

referenced in TSO–C166c), TSO–C154c 

(including Section 2 of RTCA DO–282B, 

as referenced in TSO–C154c), or TSO– 

C154d (including Section 2 of RTCA 

DO–282C, as referenced in TSO–C154d); 

and 

* * * * * 

(i) The standards required in this 

section are incorporated by reference 

with the approval of the Director of the 

Office of the Federal Register under 5 

U.S.C. 552(a) and 1 CFR part 51. This 

incorporation by reference (IBR) 

material is available for inspection at 

the FAA and the National Archives and 

Records Administration (NARA). 

Contact the FAA at: Office of 

Rulemaking (ARM–1), 800 

Independence Avenue SW, Washington, 

DC 20590 (telephone 202–267–9677). 

For information on the availability of 

this material at NARA, visit https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. This material is 

also available from the following 

sources in this paragraph (i). 

(1) U.S. Department of Transportation, 

Subsequent Distribution Office, DOT 

Warehouse M30, Ardmore East Business 

Center, 3341 Q 75th Avenue, Landover, 

MD 20785; telephone (301) 322–5377; 

website: www.faa.gov/aircraft/air_cert/ 

design_approvals/tso/ (select the link 

‘‘Search Technical Standard Orders’’). 

(i) TSO–C166b, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz), 

December 2, 2009. 

(ii) TSO–C166c, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz), 

March 10, 2023. 

(iii) TSO–C154c, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Frequency of 978 MHz, December 2, 

2009. 

(iv) TSO–C154d, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Radio Frequency of 978 Megahertz 

(MHz), March 10, 2023. 

(2) RTCA, Inc., 1150 18th St. NW, 

Suite 910, Washington, DC 20036; 

telephone (202) 833–9339; website: 

www.rtca.org/products. 

(i) RTCA DO–260B, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 2, 2009. 

(ii) RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 17, 

2020. 

(iii) RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance—Broadcast 

(ADS–B) and Traffic Information 

Services—Broadcast (TIS–B), Change 1, 

January 25, 2022. 

(iv) RTCA DO–282B, Minimum 

Operational Performance Standards for 

Universal Access Transceiver (UAT) 

Automatic Dependent SurveillanceBroadcast (ADS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 2, 2009. 

(v) RTCA DO–282C, Minimum 

Operational Performance Standards 

(MOPS) for Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B), Section 2, Equipment 

Performance Requirements and Test 

Procedures, June 23, 2022. 

■ 6. Amend § 91.227 by: 

■ a. In paragraph (a), revising 

definitions for ‘‘Navigation Accuracy 

Category for Position (NACP)’’, 

‘‘Navigation Accuracy Category for 

Velocity (NACV)’’, ‘‘Navigation Integrity 

Category (NIC)’’, ‘‘Source Integrity Level 

(SIL)’’, and ‘‘System Design Assurance 

(SDA)’’; and 

■ b. Revising paragraphs (b)(1), (b)(2)(i) 

and (ii), (c)(1)(iv) and (v), (d) 

introductory text, (d)(5) through (8), 

(11), and (13), and (g). 

The revisions read as follows: 

§ 91.227 Automatic Dependent 

Surveillance-Broadcast (ADS–B) Out 

equipment performance requirements. 

(a) * * * 

Navigation Accuracy Category for 

Position (NACP) specifies the accuracy 

of a reported aircraft’s position. 

Navigation Accuracy Category for 

Velocity (NACV) specifies the accuracy 

of a reported aircraft’s velocity. 

Navigation Integrity Category (NIC) 

specifies an integrity containment 

radius around an aircraft’s reported 

position. 

* * * * * 

Source Integrity Level (SIL) indicates 

the probability of the reported 

horizontal position exceeding the 

containment radius defined by the NIC 

on a per sample or per hour basis. 

System Design Assurance (SDA) 

indicates the probability of an aircraft 

malfunction causing false or misleading 

information to be transmitted. 

* * * * * 

(b) * * * 

(1) Aircraft operating in Class A 

airspace must have equipment installed 


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that meets the antenna and power 

output requirements of Class A1S, A1, 

A2, A3, B1S, or B1 equipment as 

defined in TSO–C166b and Section 2 of 

RTCA DO–260B (as referenced in TSO– 

C166b), or TSO–C166c and Section 2 of 

RTCA DO–260C as modified by DO– 

260C—Change 1 (as referenced in TSO– 

C166c). 

(2) * * * 

(i) Class A1S, A1, A2, A3, B1S, or B1 

as defined in TSO–C166b and Section 2 

of RTCA DO–260B (as referenced in 

TSO–C166b) or TSO–C166c and Section 

2 of RTCA DO–260C as modified by 

DO–260C—Change 1 (as referenced in 

TSO–C166c); or 

(ii) Class A1S, A1H, A2, A3, B1S, or 

B1 equipment as defined in TSO–C154c 

and Section 2 of RTCA DO–282B (as 

referenced in TSO–C154c), or TSO– 

C154d and Section 2 of RTCA DO–282C 

(as referenced in TSO–C154d). 

(c) * * * 

(1) * * * 

(iv) The aircraft’s SDA must be less 

than or equal to 10¥5 per flight hour; 

and 

(v) The aircraft’s SIL must be less than 

or equal to 10¥7 per flight hour or per 

sample. 

* * * * * 

(d) Minimum Broadcast Message 

Element Set for ADS–B Out. Each 

aircraft must broadcast the following 

information, as defined in TSO–C166b 

(including Section 2 of RTCA DO–260B, 

as referenced in TSO–C166b), TSO– 

C166c (including Section 2 of RTCA 

DO–260C as modified by DO–260C— 

Change 1, as referenced in TSO–C166c), 

TSO–C154c (including Section 2 of 

RTCA DO–282B, as referenced in TSO– 

C154c), or TSO–C154d (including 

Section 2 of RTCA DO–282C, as 

referenced in TSO–C154d). The pilot 

must enter information for message 

elements listed in paragraphs (d)(7) 

through (10) of this section during the 

appropriate phase of flight. 

* * * * * 

(5) An indication if a collision 

avoidance system is installed and 

operating in a mode that can generate 

resolution advisory alerts; 

(6) If an operable collision avoidance 

system is installed, an indication if a 

resolution advisory is in effect; 

(7) An indication of the Mode A 

transponder code specified by ATC; 

(8) An indication of the aircraft 

identification that is submitted on the 

flight plan or used for communicating 

with ATC, except when the pilot has not 

filed a flight plan, has not requested 

ATC services, and is using a TSO–C154c 

or TSO–C154d self-assigned temporary 

24-bit address; 

* * * * * 

(11) An indication of the aircraft 

assigned ICAO 24-bit address, except 

when the pilot has not filed a flight 

plan, has not requested ATC services, 

and is using a TSO–C154c or TSO– 

C154d self-assigned temporary 24-bit 

address; 

* * * * * 

(13) An indication of whether an 

ADS–B In capability is available; 

* * * * * 

(g) Incorporation by reference. The 

standards required in this section are 

incorporated by reference with the 

approval of the Director of the Office of 

the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. This 

incorporation by reference (IBR) 

material is available for inspection at 

the FAA and the National Archives and 

Records Administration (NARA). 

Contact the FAA at: Office of 

Rulemaking (ARM–1), 800 

Independence Avenue SW, Washington, 

DC 20590 (telephone 202–267–9677). 

For information on the availability of 

this material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. This material is 

also available from the following 

sources indicated in this paragraph (g). 

(1) U.S. Department of Transportation, 

Subsequent Distribution Office, DOT 

Warehouse M30, Ardmore East Business 

Center, 3341 Q 75th Avenue, Landover, 

MD 20785; telephone (301) 322–5377; 

website: www.faa.gov/aircraft/air_cert/ 

design_approvals/tso/ (select the link 

‘‘Search Technical Standard Orders’’). 

(i) TSO–C166b, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz), 

December 2, 2009. 

(ii) TSO–C166c, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz), 

March 10, 2023. 

(iii) TSO–C154c, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Frequency of 978 MHz, December 2, 

2009. 

(iv) TSO–C154d, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Radio Frequency of 978 Megahertz 

(MHz), March 10, 2023. 

(2) RTCA, Inc., 1150 18th St. NW, 

Suite 910, Washington, DC 20036; 

telephone (202) 833–9339; website: 

www.rtca.org/products. 

(i) RTCA DO–260B, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 2, 2009. 

(ii) RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 17, 

2020. 

(iii) RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Change 1, 

January 25, 2022. 

(iv) RTCA DO–282B, Minimum 

Operational Performance Standards for 

Universal Access Transceiver (UAT) 

Automatic Dependent SurveillanceBroadcast (ADS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 2, 2009. 

(v) RTCA DO–282C, Minimum 

Operational Performance Standards 

(MOPS) for Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B), Section 2, Equipment 

Performance Requirements and Test 

Procedures, June 23, 2022. 

Issued under authority provided by 49 

U.S.C. 106(f), 40103, and 44701, in 

Washington, DC. 

Polly E. Trottenberg, 

Acting Administrator. 

[FR Doc. 2023–22710 Filed 10–16–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 231010–0244] 

RIN 0694–AJ39 

Existing Validated End-User 

Authorizations in the People’s 

Republic of China: Samsung China 

Semiconductor Co. Ltd. and SK Hynix 

Semiconductor (China) Ltd. 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 


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