April 1 , 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590
Subject: Petition for Exemption

Reference: 14 CFR 91.227

- Automatic Dependent Surveillance

- Broadcast (ADS

- B) Out

equipment performance requirements.

Dear Sir or Madam:
In accordance with the provisions of Title 14, Code of Federal Regulations (14 CFR) §11.63 and §11.81, Airlines for America, on behalf of our passenger and cargo airline members and similarly

situated air carriers 1 , petitions for a limited exemption from the Navigational Accuracy Category for Position (NACp) and Navigational Integrity Category (NIC) aspects of the ADS

- B Out performance requirements in 14 CFR §91.227(c). Specifically, A4A requests a temporary exemption from these performance requirements in the event of a satellite disruption or occasional satellite geometry configuration of the Global Posit ioning System (GPS) constellation resulting in diminished accuracy or integrity, where an alternate means of traffic separation safely used today can be implemented by the FAA Air Traffic Organization (ATO). The exemption would have an effective date of J anuary 1, 2020 and expire on January 1, 2025. We request the FAA pr ocess this exemption promptly.

B ackground

ADS

- B Out is an integral part of FAA’s overall plan for the next generation of air traffic control and surveillance (NextGen). Ta king advantage of new and emerging technology, and when fully implemented, NextGen is designed and intended to create more efficiency in the National Airspace System (NAS), resulting in reduced fuel consumption , reduced emissions , enhanced air traffic capacity and greater safety for the flying public in all segments of aviation. Certain aspects of NextGen, most notably ADS

- B Out, are scheduled to be implemented in the United States by January 1, 2020 (“the 2020 (regulatory) mandate”). 2 The position accu racy and integrity performance requirements of ADS

- B Out standards exceed the capabilities of GPS receivers currently available for use in transport category airplanes. However, the performance capabilities of existing GPS receivers provide a safe alterna te means of surveillance and control to ADS

- B Out standards when alternate means of surveillance, such as radar, are available. These are expected to remain available for the foreseeable future, and certainly beyond January 1, 2025.

1 A4A airline members are: Alaska Airlines, Inc.; American Airlines Group , Inc. (American and US Airways) ; Atlas Air, Inc.; Delta Air Lines, Inc.; Federal Express Corporation; Hawaiian Airlines; JetBlue Airways Corp.; Southwest Airlines Co.; United Air Lines, Inc.; and United Parcel Service Co

. Air Canada is an associate member

. 2 § 91.225 Automatic Dependen t Surveillance

- Broadcast (ADS

- B) Out equipment and use, paragraph (b)A4A Petition for Exemption, April 1, 2015

2

ADS

- B out compliance r equires a two

- step process; (1) Original Equipment Manufacturers (OEMs) and avionics manufacturers produce equipment necessary to meet ADS

- B Out standards and issue service bulletins or, alternatively, airlines obtain a Supplemental Type Certificate for
no n
- standard equipment; and (2) airlines will retrofit aircraft with the equipment and information produced from step one, a time consuming process for large airline fleets due to maintenance scheduling. The first step has been delayed due to the unavailabil ity of certified equipment in spite of the fact that the final rule was issued in 2010. It is critical that we achieve NAS efficiencies while avoiding multiple aircraft retrofits during the transition to NextGen. Multiple retrofits would be an expensive, d isruptive and wasteful outcome. All segments of the industry have been working on avionics solutions and look forward to enhanced GPS integrity and accuracy that will become available from navigation equipment still under development, and enhancements to G lobal Navigation Satellite System (GNSS) constellations. Industry groups including the RTCA Inc., SAE

- ARINC Industry Activities (“ARINC”), MITRE
, and others have monitored, reported, and published papers with standards aimed at realizing ADS

- B Out position source capabilities on time. In January 2013, ARINC’s Aeronautical Electronics Engineering Committee (AEEC) concluded that enhanced GPS positional accuracy will not be available on air transport aircraft before the airline equipage 2020 mandate effective date 3 , leading to the following scenario:
1) Airplanes flying in the affected airspace will need to augment GPS accuracy to meet the requirements of 14 CFR §91.227(c), or 2) Alternate means of traffic separation will be available to augment GPS in the event of r educed accuracy or integrity during a GPS service disruption or unfavorable satellite geometry.

Two well

- understood and tested equipage plans have been shown to satisfy FAA’s ADS

- B Out requirements when adequate numbers of GPS satellites are visible (line

- of

- sight) to the aircraft antennae. These equipage plans differ only in their ability to interpret and report potential accuracy and integrity of navigational performance. Selective Availability (SA), a switchable security feature that deliberately reduce s the reported accuracy and integrity of an aircraft position, was deactivated by Executive Order in 2000. 4 “SA

- On” avionics systems assume SA is still active, which it is not, while “SA

- Aware” systems assume that SA is inactive. SA

- Aware systems therefo re can still determine an aircraft position and provide adequate navigational accuracy and integrity. SA

- On and SA

- Aware have been shown in actual operations with the current GPS constellation to meet ADS

- B Out accuracy and integrity requirements operation ally available in excess of 99% of the time, with SA

- Aware capable of exceeding operational availability 99.9% of the time.
Significant uncertainty stems from the nature of the ADS

- B Out performance

- based rule. The FAA has stated that operators can use GP S SA

- On or SA

- Aware equipment to comply. However that equipment does not always satisfy the performance requirements of the rule due to changes in the number and spatial location of GPS satellites. While GPS augmentation systems are readily available in so me segments of the user community, such solutions are far less available for the integrated avionics suite designs of modern transport aircraft. Implementation using existing augmented receiver technology on such aircraft, while possible, is not rational b ecause the equipment would be used for a relatively short period of time before enhanced GPS systems appropriate for transport aircraft integration are expected to become available. Moreover, it is questionable there will be sufficient availability of inte grated augmented GPS equipment for

3 ARINC report 660B, “CNS/ATM Avionics Architectures Supporting NEXTGEN/SESAR Concepts”
4 Found at http://www.gpo.gov/fdsys/pkg/WCPD

- 2000

- 05

- 08/pdf/WCPD

- 2000

- 05

- 08

- Pg959

- 2.pdf.A4A Petition for Exemption, April 1, 2015

3

transport category aircraft in the needed timeframe. Given these circumstances, including the operational disruptions that would occur with multiple equipment change events, the better solution is a temporary bridge to f inal equipage to meet ADS

- B Out performance standards.
Beginning in October 2014, FAA convened the “Equip 2020” workgroup that included regulators, operators, vendors, and manufacturers to address this situation. This workgroup reached consensus in Decem ber 2014 on the temporary alternate approach, discussed above, regarding a transition period from 2020 to 2025. During this transition period, operators will acquire operational data with currently installed (SA

- On and SA

- Aware) GPS position source equipm ent to refine final ADS

- B Out equipage implementation. Furthermore, innovative new equipment is expected to become available during that timeframe. A summary of the consensus is included as Attachment 1. This petition, if granted, should substantially refl ect the details of the Equip 2020 workgroup recommendations . Salient among the many agreed upon points, FAA Air Traffic Organization (ATO) will support “reduced availability” for SA

- On GPS systems reported by the Service Availability Prediction Tool (SAPT) where an alternate means of traffic separation in the affected area can be implemented by the ATO. Further, SAPT will not need to be used in aircraft equipped with SA

- Aware GPS receivers as a means to provide ADS

- B position sources during the transition.
Equipment ordering, pre

- wiring, and installation all need to proceed immediately with confidence that SA

- On and SA

- Aware GPS along with the potential use of available alternate traffic separation means by the FAA will facilitate uninterrupted operation even when the GPS satellite constellation is temporarily degraded.
The Applicable Regulations and Relief Sought
We seek an exemption from 14 CFR §91.227(c), “ADS

- B Out Performance Requirements” during the limited periods of GPS satellite disruption or adverse geometry that reduces navigation accuracy and integrity capability below ADS

- B Out rule

- compliant performance requirements for aircraft otherwise equipped with SA

- On and SA

- Aware.
Reasons for seeking the relief at this time include: 1) Carriers nee d assurance that aircraft retrofit/equipage completed prior to the ADS

- B Out deadline will ensure uninterrupted operation after the January 1, 2020 deadline, even during periods of GPS degradation. 2) The scope of this exemption is limited because GPS disrup tion or inability to meet the ADS

- B Out performance requirements for aircraft equipped with SA

- Aware and SA

- On equipment will be rare and infrequent. Use of secondary surveillance radar as backup will eliminate any adverse operational effects of SA

- Aware a nd SA

- On receivers not meeting ADS

- B Out performance for NIC and NACp. 3) Alternate means of surveillance during such occurrences exist and are used safely today. 4) GPS receivers capable of meeting the 14 CFR §91.227(c) accuracy and integrity requirements
even in the presence of anticipated (though infrequent) GPS disruptions are not available for purchase or installation in many transport category airplanes and may not be available in quantity until after January 1, 2020.
In accordance with the Equip 2020 co nsensus, we request that FAA stipulate that each affected operator will submit its own letter that requests use of this proposed exemption 5 . Exemption

5 Ref Reg ulatory Docket FAA

- 2012

- 0429 as an example of FAA Exemptions granted to OEM and Associations that require individual requests to use the petitionA4A Petition for Exemption, April 1, 2015

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grantees would be required to create, maintain and update a GPS equipage plan that will commit to complet e 14 CFR §91.227(c) compliance prior to the end of the transition period (1/1/2025). This carrier plan need not be approved by the Administrator but must be available for the Administrator’s review. We propose that FAA require initial, rudimentary operator

- specific plans to be available by August 2018, with annual updates (or more frequent if necessary) thereafter reflecting increased technical and schedule confidence and details. Before the January 1, 2020 mandate deadline, the plan details should be matur e and include a “high confidence” of execution. Plans may reasonably be expected to include the following elements:
1) Manufacturer and Part Number, applicable service bulletin, or STC, of GPS receiver to be implemented 2) Upgrade schedule, preferably tail

- numbe r specific 3) Interim fleet milestones, e.g. initial installation, 30%, 80%, 100% completion 4) If a specific set of aircraft will not be upgraded but are desired to be covered by the Exemption, the operator’s plan for fully rule

- complaint operation beyond the expiration of the Exemption must be included (e.g. use of SAPT even for SA

- Aware equipage and possible operational impacts).
In consideration of these matters, we request relief from the NACp and NIC requirements of 14 CFR §91.227(c), “ADS

- B Out Performance Requirements” until January 1, 2025, a period of five years from the date specified by 14 CFR §91.225.
Granting the Exempt ion Would be in the Public Interest
FAA has invested significant public funds and time readying their systems for this important step forward in the NextGen effort. Granting this Exemption assures that FAA’s investment is usable by operators and allows FAA to maintain its NextGen schedule. The limited time frame of this exemption assures FAA can proceed with a modified retirement schedule for selected aging terminal area radar systems.
By acting now to resolve the market uncertainty described above, operat ors will be able to plan for ADS

- B Out compliant transponder solutions by the mandated deadline of January 2020. The ability of operators to commit to upgrade plans should move vendors to improve product availability. Airspace system efficiency will increa se in a coordinated fashion during the proposed exemption period.
On a technical level, by waiting for receivers to be available in about 2018 or shortly beyond (too late for January 1, 2020 full installation), a more workable upgrade path to satellite

- bas ed augmentation systems (SBAS) and multi

- frequency/multi

- constellation global navigation satellite system (GNSS) GPS will emerge that will benefit the public by adding more robust performance and inherent improved operational reliability.
Finally, absent t his relief, airlines will be forced to adopt a two

- step position source upgrade process with the first step providing a means of compliance necessary/useful for a short period of time and the second step providing full compliance with the FAA rule or face the possibility of service interruptions if a satellite service disruption occurs. Either case adversely affects the public interest with respect to passenger travel and air cargo services. This will result in increased delays in the NAS, adversely affec ting the public and producing the opposite outcome of what NextGen is designed to accomplish. Granting this exemption would help to ensure that air service continues uninterrupted and in this respect would serve the public interest.A4A Petition for Exemption, April 1, 2015

5

Granting the Exemptio n Would Not Adversely Affect Safety
Safety will not be adversely impacted if the FAA grants this petition because FAA would utilize airplane traffic separation methods used safely today. In addition, the ADS

- B position accuracy and integrity performance r equired by ADS

- B Out far exceeds that which the FAA can currently utilize, while adequate alternate means of safe traffic separation will continue to exist beyond the 2020 mandate effective date and for the foreseeable future.
A Summary of this Petition th at FAA Could Publish in the Federal Register

Petitioner: Airlines for America
Affected Regulations: 14 CFR 91.227(c), ADS

- B Out Performance Requirements for NACp, NACv, NIC, SDA, and SIL.
Summary of Relief Sought: During periods of GPS constellation dis ruption/degradation rendering otherwise compliant ADS

- B Out systems non

- compliant with the regulation, operation may be permitted when FAA has alternate means of providing safe traffic separation.
Granting this Exemption is in the public interest as it mai ntains an equivalent level of safety, utilizing airplane traffic separation methods used today and avoids potential, unpredictable disruptions in scheduled and unscheduled air transport service and/or elevated travel and shipping costs.

Conclusion

For the foregoing reasons, we respectfully request an Exemption from the requirements of 14 CFR 91.227(c) pertaining to the ADS

- B Out performance requirements..
Sincerely,

Paul J

. McGraw Vice President Operations and Safety

Enclosures/A4A Petition for Exemption, April 1, 2015

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Attachment 1, “Equip 2020” Draft Consensus, 17 December 2014 

# ADSB CTA 11/18/2014: TRANSITION PERIOD FOR NIC AND NAC REQUIREMENTS

1. FAA General Counsel has explored regulatory options to provide relief, during a defined transition period beginning on Janua ry 1, 2020, from 91.227 performance requirements for Navigation Integrity Category (NIC) and Navigation Accuracy Category (NAC). This should be accomplished by Exemptions rather than by amendment to the regulation. 2. FAA and industry agree, based upon curren tly available information, that the earliest that multi

constellation, multi

- frequency GNSS receivers will be available in quantity is 2022. FAA and industry agree that third

- generation SBAS

- augmented ADS

- B position sources can be available on newly

- produ ced air transport aircraft from manufacturers earlier perhaps by 2018 (refer to attached Boeing and Airbus schedules). SBAS

- augmented navigation/ADS

- B position sources are available for some air transport aircraft types from manufacturers via STCs. Additi onally, SBAS receivers for ADS

- B that are independent from navigation position sources are currently available, also via STCs. Consequently, the Equip 2020 Group believes that a five

- year transition period from 1/1/2020 is sufficient. As a condition of se eking an Exemption, operators agree to provide the FAA, by January 1, 2020, a plan for ADS

- B position source equipage. 3. FAA stipulated that some terminal area SSR radars would be decommissioned starting in 2018. The Equip 2020 Group agrees that there will be transparency and collaboration in this process. 4. During the transition period, in the event of “reduced availability” by operators to meet the 91.227 ADSB NIC and NAC performance requirements in terminal airspace with operational SSR terminal radar th ere would be no impact to ATC operations and no reduction in services to affected airplanes so long as those operations do not take credit for a level of ADS

- B performance that is not achieved during the period of “reduced availability”. 5. During the transition period, in the event of “reduced availability” by operators to meet the 91.227 ADSB NIC and NAC performance requirements in enroute airspace with SSR radar or WAM backup, there will be no ATC impact in that airspace when 5 nm separations are bei ng used, so long as those operations do not take credit for a level of ADS

- B performance that is not achieved during the period of “reduced availability”; if reduced ADS

- B separations are being used, ATC will apply 5 nm separation standards. 6. During the tra nsition period, in the event of “reduced availability” by operators to meet the 91.227 ADSB NIC and NAC performance requirements in airspace without operational SSR radar, ATC will provide 5 nm separation (if an operator’s ADS

- B performance supports such s eparations) or procedural separation as necessary. 7. During the transition period, operators with SA

- Aware (TSO

- C196 or its equivalent) ADS

- B position sources will not be required to use SAPT or an equivalent. 8. During the transition period, operators with S A

- On position sources will be required to use SAPT or an equivalent and may be required to change their flight plans if a “RAIM hole” overlaps with an SSR outage or the predicted ADS

- B performance during the “RAIM hole” does not support an operation based upon ADS

- B alone.