
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83022-83023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26145]


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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.

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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 Surveillance-Broadcast (ADS-
B) Out requirements to allow aircraft meeting the performance 
requirements in Technical Standard Order (TSO)-C166c (Extended Squitter 
Automatic Dependent Surveillance--Broadcast (ADS-B) and Traffic 
Information Service--Broadcast (TIS-B) Equipment Operating on the Radio 
Frequency of 1090 Megahertz (MHz)), or TSO-C154d, (Universal Access 
Transceiver (UAT) ADS-B Equipment Operating on the Radio Frequency of 
978 Megahertz (MHz)) to meet the regulations. Aircraft equipped 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 [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    This action confirms the effective date of the ``Inclusion of 
Additional Automatic Dependent Surveillance-Broadcast (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), 
Sec. Sec.  91.225 and 91.227, require aircraft to equip with Automatic 
Dependent Surveillance-Broadcast (ADS-B) Out to operate in expressly 
identified airspace areas. ADS-B Out equipment must meet the 
performance requirements in Sec.  91.227 along with those in Technical 
Standard Orders (TSO)-C166b or TSO-C154c. This rule revised Sec. Sec.  
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.
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    \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).
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    This rule also made minor changes to other regulatory sections of 
part 91. It revised Sec.  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,

[[Page 83023]]

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]
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