Date: December 15, 2014

Re: Petition for Rulemaking, to amend 14 CFR 91.225(d) and (e) and 14 CFR Part 91, App. D, Section 1.

Explanation:

14 CFR 91.225 requires ADS-B Out equipage for aircraft to enter certain airspace after January 1, 2020. 

This will create an unnecessary financial burden for tens of thousands of aircraft owners that are not 

regular users of the specified airspace, particularly for those owners who operate aircraft that have a 

low economic value. In the final rule NPRP Docket No. FAA–2007–29305; Amdt. No. 91-314, the FAA 

stated: 

The FAA fully acknowledges that the general aviation community will incur significant costs from 

this rule.

The following is quoted from the statement provided by Mark Baker, President and CEO, Aircraft 

Owners and Pilots Association testimony to the Committee on Transportation and Infrastructure, United 

States House of Representatives on November 18, 2014:

For a large segment of the general aviation community, the cost of the required ADS-B Out 

equipment is the greatest barrier to adoption. More than 81,000 of the 188,000 certified pistonpowered aircraft on the FAA registry are worth $40,000 or less, and those aircraft have a 

weighted average value of $25,800. That puts investing at least $5,000-$6,000 to install 

equipment that will only allow aircraft to operate in the same airspace they use today well 

beyond the reach of many owners.

Without changes, we will see many of these airplanes and their pilots stop flying on Jan. 1, 2020, 

further accelerating the already alarming losses in the GA community and creating an economic 

shock that could seriously damage thousands of small aviation businesses nationwide.

The aircraft that are cited in Mr. Baker’s testimony are primarily used for recreational flying below 

10,000 MSL. Many are never operated at or above 10,000 MSL. They rarely if ever enter class B or C 

airspace. However, many of these aircraft are affected because they are based at airports that are 

within the 30NM Mode C Veils surrounding the population centers of the US, even though the areas 

which these smaller airports are located may be sparse, such as much of the Mode C veil areas 

surrounding the Denver and Charlotte Class B airspace. Furthermore those aircraft which operate out of 

or into airports under the mode C veil must also be transponder equipped with mode C altitude 

reporting capability. If the requirement for ADS-B equipage did not include the Class E/G airspace within 

the mode C veil, such aircraft would have the option to not equip with ADS-B Out capability and live with 

the limitations regarding operation within class B and C airspace or above 10,000 MSL. In my opinion, 

even though many owners will voluntarily comply with equipage, this course of action would be chosen 

by tens of thousands of aircraft owners who really gain nothing from equipping while having negligible 

impact on more regulated airspace users. For those of us who need regular access to the airspace, 

equipage would be mandatory. 
In summary, I petition the FAA to eliminate the ADS-B equipage requirement for aircraft certified with 

an electrical system to operate within the mode C veil, while below 10,000 MSL as long as they remain 

clear of all Class B and C airspace.

Proposed Regulation Language Changes:

I petition that the following changes be made to the subject regulation:

1. Eliminate 14 CFR 91.225(d)(2) that requires aircraft to have ADS-B Out equipment inside the 30 

NM mode C veil when below 10,000 MSL to the surface:

(2) Except as provided for in paragraph (e) of this section, within 30 nautical miles of an 

airport listed in appendix D, section 1 to this part from the surface upward to 10,000 

feet MSL;

2. Edit 14 CFR 91.225(e) to read:

(e) The requirements of paragraph (b) of this section do not apply to any aircraft that 

was not originally certificated with an 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 paragraphs

(d)(2) and (d)(4) of this section.

3. Edit 14 CFR Part 91, App. D, Section 1 to read:

Locations at which the requirements of §91.215(b)(2) and Sec. 91.225(d)(2) apply. The 

requirements of §91.215(b)(2) and 91.225(d)(2) apply below 10,000 feet above the 

surface within a 30-nautical-mile radius of each location in the following list.

The change is in the public Interest:

I support ADS-B and NextGen where it is beneficial or necessary for improving the efficiency of the US 

airspace system. However, forcing technology on those who do not benefit from ADS-B and have 

negligible impact the operations ADS-B is intended to support has the potential to negatively affect the 

general aviation industry more than any other single action the FAA can take without any corresponding 

benefit to the US airspace system. It is likely to substantially reduce the GA fleet size with unnecessary 

scrapping of aircraft. This will negatively affect those businesses in the industry who provide services 

(maintenance, storage, flight training, fuel sales, pilot supplies) to these aircraft and provide 

employment. States and communities that operate these airports derive income from taxes on personal 

property, aircraft storage and hangar fees, and fuel sales, will all see a decline in revenue. To the extent 

fewer people are gainfully employed, this will also have a negative impact. Training will become more 

expensive and exacerbate future anticipated shortages of pilots.

Argument and rationale:

1) Some aircraft already have an exception. The current regulation 91.225(e) provides an

exception for aircraft that were not originally certified with an electrical system to operate in 

this airspace. This proposal does not modify the requirement already contained in 91.215 which 
requires a transponder with mode C for aircraft that have an electrical system installed. In 

effect, this change would extend the exception to include aircraft that had both an electrical 

system and a transponder with mode C.

2) Secondary radar is not eliminated in the airspace. From the NPRM Docket No. FAA–2007–

29305; Amdt. No. 91-314:

The FAA completed the Surveillance/Positioning Backup Strategy Alternatives Analysis

58 on January 8, 2007. This study included a comprehensive analysis of various 

strategies for mitigating the impact of the loss of GPS on ADS–B surveillance. The 

analysis identified a reduced network of SSRs as the recommended backup for ADS–B. 

This strategy retains all existing en route SSRs (150) and approximately 50 percent of 

SSRs in high-density terminal areas (40).

3) Controllers view a fused target. From the NPRM Docket No. FAA–2007–29305; Amdt. 

No. 91-314:

If, during flight, an individual aircraft does not meet the minimum ADS–Brequired performance parameters, then ATC may provide separation services 

using the backup (for example, radar where available and procedural separation 

elsewhere). This transition will be seamless because secondary surveillance data 

will be one of several surveillance sources fused into the display used by ATC.

The ADS–B ground automation combines or “fuses” all available surveillance 

information from ADS–B with primary surveillance radar and SSR. This provides a 

complete or “fused” picture of all the traffic operating in a given area. Multisensor fusion allows the automation to combine data from various sensors, and use 

the most accurate measurements.

4) TCAS equipped Aircraft depend on transponders for operation: TCAS equipped aircraft depend 

on the transponder for traffic awareness and alerting as do active TCAD traffic systems, not on 

ADS-B Out and thus will not be affected. 

5) ADS-B In Services are still available for appropriately equipped aircraft. For aircraft equipped 

with ADS-B Out and also equipped with ADS-B In capability, they are still able to obtain traffic 

awareness of mode C transponder equipped within the affected airspace via the GBT (Ground 

Based Transceiver) TISB service.

6) Aircraft won’t needlessly be scrapped.

7) Financial Impact to affected communities, Businesses, and employees will not be adversely 

affected.

Summary:

Safety will not be adversely compromised or affected. This proposal has the effect of extending the 

same authorization for aircraft that have an electrical system and a functioning transponder with a 

mode C capability to fly in the same airspace the current rule exempts aircraft that were certified 

without an electrical system while not imposing the burden of mandating expensive ADS-B out

equipage.

This permits low performance aircraft that may have low economic value, but are already equipped with 

mode A/C transponders to access all of the airports under and outside of the Class B and C areas and 

within the 30 NM mode C veil. These aircraft will receive no benefit other than to be able to fly in 
airspace and to/from airports they currently are permitted to fly into. Since many aircraft of this 

category are found at airports in the metropolitan areas where the highest density of population reside 

and thus are adversely affected by the current rule, this change will eliminate the high financial burden

for equipage for many such aircraft thus saving these aircraft from being scrapped. This rule change will 

eliminate the unnecessary financial burden to the owner and the community and not adversely impact 

safety or access to these valuable airports. There is no corresponding benefit to the system to balance 

the harm to grassroots General Aviation by the 2020 mandate with the current restriction mandating 

equipage within the mode C veil.