83022 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

2CS–E, Amendment 6—Aircraft cybersecurity. 

1 Inclusion of Additional Automatic Dependent 

Surveillance-Broadcast (ADS–B) Technical 

Standard Orders; Incorporation by Reference direct 

final rule, 88 FR 71468 (Oct. 17, 2023). 

In addition to the EASA CS–E, 

amendment 6 requirements,2 the 

following requirements from 14 CFR 

part 33, amendment 33–34 also apply. 

TABLE 8—FAA VALIDATION OF EASA 

STATE OF DESIGN RECIPROCATING

AIRCRAFT ENGINES

Subject 14 CFR Part 33 

Instructions for Continued Airworthiness (ICA).Section 33.4, appendices A33.1(b), 

A33.2, A33.3(b) 

and (c), and 

A33.4(a)(2). 

Engine ratings and 

operating limitations 

including reciprocating engine limits.

Sections 33.7(b)(6) 

and (b)(8). 

Durability (Propeller 

blade pitch control 

systems).

Section 33.19(b). 

Turbine, compressor, 

fan, and turbosupercharger rotor 

overspeed.

Section 33.27. 

Turbocharger rotors .. Section 33.34. 

Lubrication system .... Sections 33.39(a) and 

(c). 

Vibration test ............. Sections 33.43(a) and 

(c). 

Endurance test .......... Section 33.49(d). 

Issued in Kansas City, Missouri, on 

November 20, 2023. 

Patrick R. Mullen, 

Manager, Technical Policy Branch, Policy and 

Standards Division, Aircraft Certification 

Service. 

[FR Doc. 2023–26027 Filed 11–27–23; 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. 

43–53A and 91–371A] 

RIN 2120–AL70 

Inclusion of Additional Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out Technical Standard 

Orders; Incorporation by Reference; 

Confirmation of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

December 18, 2023, effective date of the 

‘‘Inclusion of Additional Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out Technical Standard 

Orders; Incorporation by Reference’’ 

direct final rule published on October 

17, 2023. The direct final rule 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 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 with 

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: The effective date of December 

18, 2023, for the direct final rule 

published October 17, 2023 (88 FR 

71468) is confirmed. 

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: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

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: 

I. Background 

This action confirms the effective date 

of the ‘‘Inclusion of Additional 

Automatic Dependent SurveillanceBroadcast (ADS–B) Out Technical 

Standard Orders; Incorporation by 

Reference’’ direct final rule.1 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 SurveillanceBroadcast (ADS–B) Out to operate in 

expressly identified airspace areas. 

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 rule revised §§ 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 direct 

final rule incorporates 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. 

These new performance requirements 

enable new wake turbulence 

applications, incorporate functionality 

for high-altitude 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 rule also made minor changes to 

other regulatory sections of part 91. It 

revised § 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 rule also 

removed the requirement in part 43, 

appendix F, to verify response to an 

intermode interrogation. 

II. Discussion of Comments 

The FAA received one comment 

related to this direct final rule. AIRBUS 

Commercial Aircraft commented that 

they believed Advisory Circulars 20– 

165, Airworthiness Approval of 

Automatic Dependent Surveillance— 

Broadcast OUT Systems, and Advisory 

Circular 20–172, Airworthiness 

Approval for ADS–B In Systems and 

Applications, covering the installation 

of ADS–B Out and ADS–B In, 


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83023 

1Public Law 116–283, 134 Stat. 3388, Jan. 1, 

2021. 

respectively, should be updated to 

account for TSO–C166c as part of the 

rulemaking. 

The FAA is revising Advisory 

Circular 20–165B to directly address the 

Technical Standard Orders being 

incorporated by reference into FAA 

regulations through this rulemaking. 

The FAA will make the revision 

available for public comment through 

the Advisory Circular comment process 

prior to issuance. The existing guidance 

can continue to be used until the FAA 

issues the revised Advisory Circular. 

The FAA is also revising Advisory 

Circular 20–172B to address Technical 

Standard Order C195c. However, as 

TSO–C195 and AC 20–172 (and later 

revisions) are standards and guidance 

for ADS–B In equipment, those 

publications are not applicable to this 

rulemaking, which pertains to rules that 

only require ADS–B Out systems, and 

this rulemaking therefore does not 

reference TSO–C195c or AC 20–172C. 

Therefore, the effective date of the 

direct final rule published October 17, 

2023, at 88 FR 71468 is confirmed. 

III. How To Obtain Additional 

Information 

A copy of this direct final rule, the 

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 

confirmation 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. 

Issued under authority provided by 49 

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

Washington, DC, on November 21, 2023. 

Brandon Roberts, 

Executive Director, Office of Rulemaking. 

[FR Doc. 2023–26145 Filed 11–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2023–0243; Airspace 

Docket No. 23–ASO–31] 

RIN 2120–AA66 

Renaming of Restricted Areas R– 

5311A, R–5311B, and R–5311C; Fort 

Bragg, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action is an 

administrative change to rename 

restricted areas R–5311A, R–5311B, and 

R–5311C, Fort Bragg, NC, and to update 

the using agency description to reflect 

the change. Additionally, geographic 

coordinate technical amendments for 

two boundary points listed in the 

restricted areas are made to accurately 

align the existing boundary with the 

Little River referenced in the 

descriptions. This action partially 

implements recommendations of the 

Commission on the Naming of Items 

(Naming Commission) of the 

Department of Defense (DoD) as 

established by section 370 of the Fiscal 

Year (FY) 2021 National Defense 

Authorization Act (NDAA). 

DATES: Effective date 0901 UTC, January 

25, 2024. 

ADDRESSES: A copy of this final rule, 

and all background material may be 

viewed online at www.regulations.gov 

using the FAA Docket number. 

Electronic retrieval help and guidelines 

are available on the website. It is 

available 24 hours each day, 365 days 

each year. 

FOR FURTHER INFORMATION CONTACT: 

Brian Vidis, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it updates the 

information in the airspace descriptions 

of restricted areas R–5311A, R–5311B, 

and R–5311C. 

Background 

The FY 2021 NDAA directed the DoD 

to establish a commission relating to 

assigning, modifying, or removing of 

names, symbols, displays, monuments, 

and paraphernalia to assets of the DoD 

that commemorate the Confederate 

States of America or any person who 

served voluntarily with the Confederate 

States of America.1 In January 2023, the 

Secretary of Defense directed all DoD 

organizations to begin full 

implementation of the Naming 

Commission’s recommendations. As 

approved by the Secretary of Defense, 

the name ‘‘Fort Bragg, NC’’ is changed 

to ‘‘Fort Liberty, NC.’’ Consequently, 

this rulemaking action implements the 

requisite changes to part 73 by updating 

the airspace descriptions of restricted 

areas R–5311A, R–5311B, and R–5311C 

to reflect the new name. 

Upon review of the restricted areas, 

the FAA identified two boundary points 

used in the boundary descriptions that 

required technical amendment to 

accurately align with the Little River 

used in the description. This action 

includes the geographic coordinate 

technical amendments to align the 

northern boundary with the Little River, 

as originally intended. 

The Rule 

This action amends 14 CFR part 73 by 

updating the airspace titles and using 

agency descriptions for restricted areas 

R–5311A, R–5311B, and R–5311C by 

removing the name ‘‘Fort Bragg, NC’’ 

and replacing it with ‘‘Fort Liberty, 

NC.’’ 

The FAA also makes a technical 

amendment to two geographic points in 

the description of restricted areas R– 

5311A, R–5311B, and R–5311C. These 

minor amendments to the geographic 

coordinates more accurately describe 

the intersection of each restricted area 

where it meets the Little River in North 


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