DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 [75 FR 30159 No.103; 05/28/10]	Automatic Dependent 
   Surveillance--Broadcast 
   (ADS-B) Out Avionics
Amendment No. 91-314
Effective Aug. 11, 2010
Compliance by Jan. 1, 2020	
[Docket No. FAA-2007-29305; Amdt. No. 91-314] RIN 2120-AI92

Automatic Dependent Surveillance--Broadcast (ADS-B) Out Performance Requirements To Support Air Traffic Control (ATC) Service 

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This final rule amends FAA regulations by adding equipage requirements and performance standards for Automatic Dependent Surveillance--Broadcast (ADS-B) Out avionics on aircraft operating in Classes A, B, and C airspace, as well as certain other specified classes of airspace within the U.S. National Airspace System (NAS). ADS-B Out broadcasts information about an aircraft through an onboard transmitter to a ground receiver. Use of ADS-B Out will move air traffic control from a radar-based system to a satellite-derived aircraft location system. This action facilitates the use of ADS-B for aircraft surveillance by FAA and Department of Defense (DOD) air traffic controllers to safely and efficiently accommodate aircraft operations and the expected increase in demand for air transportation. This rule also provides aircraft operators with a platform for additional flight applications and services.

DATES: This final rule is effective on August 11, 2010. 
 	The compliance date for this final rule is January 1, 2020. Affected parties, however, do not have to comply with the information collection requirement in Sec. 91.225 until the FAA publishes in the Federal Register the control number assigned by the Office of Management and Budget (OMB) for this information collection requirement. Publication of the control number notifies the public that OMB has approved this information collection requirement under the Paperwork Reduction Act of 1995. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of August 11, 2010.

FOR FURTHER INFORMATION CONTACT: 
•	For technical questions concerning this final rule, contact Vincent Capezzuto, Surveillance and Broadcast Services, AJE-6, Air Traffic Organization, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 385-8637; e-mail vincent.capezzuto@faa.gov.
•	For legal questions concerning this final rule, contact Lorelei Peter, Office of the Chief Counsel, AGC-220, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone 202-267-3134; e-mail lorelei.peter@faa.gov.

List of Subjects in 14 CFR Part 91 
  
	Aircraft, Airmen, Air traffic control, Aviation safety, Incorporation by Reference, Reporting, and recordkeeping requirements.

The Amendment 

	In consideration of the foregoing, the Federal Aviation Administration amends chapter I of 
14 CFR as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES 

   1. 	The authority citation for part 91 continues to read as follows:

Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 
46506-46507, 47122, 47508, 47528-47531, articles 12 and 29 of the Convention on International Civil Aviation (61 stat. 1180).

   2. 	Amend Sec. 91.1 by revising paragraph (b) to read as follows:

          	Sec. 91.1  Applicability.

* * * * *     

   	   (b) 	Each person operating an aircraft in the airspace overlying the waters between 3 and 12 nautical miles from the coast of the United States must comply with Secs. 91.1 through 91.21;  Sec. 91.101 through 91.143; Secs. 91.151 through 91.159;  Sec. 91.167 through 91.193; Sec. 91.203; Sec. 91.205; Secs. 91.209 through 91.217; Sec. 91.221, Sec. 91.225; Secs. 91.303 through 91.319; Secs. 91.323 through 91.327; Sec. 91.605; Sec. 91.609; Secs. 91.703 through 91.715; and Sec. 91.903.

* * * * * 

   3. 	Amend Sec. 91.130 by revising paragraph (d) to read as follows:

	Sec. 91.130  Operations in Class C airspace.

* * * * *     

   	   (d) 	Equipment requirements. Unless otherwise authorized by the ATC having jurisdiction over the Class C airspace area, no person may operate an aircraft within a Class C airspace area designated for an airport unless that aircraft is equipped with the applicable equipment specified in Sec. 91.215, and after January 1, 2020, Sec. 91.225.

* * * * * 

   4. 	Amend Sec. 91.131 by revising paragraph (d) to read as follows:

	Sec. 91.131  Operations in Class B airspace.

* * * * *     

   	   (d) 	Other equipment requirements. No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with--    
(1) 	The applicable operating transponder and automatic altitude reporting 
 	equipment specified in Sec. 91.215 (a), except as provided in Sec. 91.215 (e), 
 	and     
(2) 	After January 1, 2020, the applicable Automatic Dependent Surveillance-
 	Broadcast Out equipment specified in Sec. 91.225.

   5. 	Amend Sec. 91.135 by revising paragraph (c) to read as follows:

	Sec. 91.135  Operations in Class A airspace.

* * * * *     

   	   (c) 	Equipment requirements. Unless otherwise authorized by ATC, no person may operate an aircraft within Class A airspace unless that aircraft is equipped with the applicable equipment specified in Sec. 91.215, and after January 1, 2020, Sec. 91.225.

* * * * * 

   6. 	Amend Sec. 91.217 by redesignating paragraphs (a) through (c) as paragraphs (a)(1) through (a)(3), redesignating the introductory text as paragraph (a) introductory text, and by adding paragraph (b) to read as follows:

Sec. 91.217  Data correspondence between automatically reported pressure altitude data
                     and the pilot's altitude reference.

* * * * *     

   	   (b) 	No person may operate any automatic pressure altitude reporting equipment associated with a radar beacon transponder or with ADS-B Out equipment unless the pressure altitude reported for ADS-B Out and Mode C/S is derived from the same source for aircraft equipped with both a transponder and ADS-B Out.

   7. 	Add Sec. 91.225 to read as follows:

	Sec. 91.225  Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and 
                                 use.

   	   (a) 	After January 1, 2020, and unless otherwise authorized by ATC, no person may operate an aircraft in Class A airspace unless the aircraft has equipment installed that--    (1) 	Meets the requirements in 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); and     
(2) 	Meets the requirements of Sec. 91.227.
   	   (b) 	After January 1, 2020, and 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 requirements in--    
 	(i) 	TSO-C166b; or     
(ii)	TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz;     
		(2) 	Meets the requirements of Sec. 91.227.
   	   (c) 	Operators with equipment installed with an approved deviation under Sec. 21.618 of this chapter also are in compliance with this section.
   	   (d) 	After January 1, 2020, and unless otherwise authorized by ATC, no person may operate an aircraft in the following airspace unless the aircraft has equipment installed that meets the requirements in paragraph (b) of this section:
   		(1) 	Class B and Class C airspace areas;     
		(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;     
		(3) 	Above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL;     
		(4) 	Except as provided in paragraph (e) of this section, Class E airspace within the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and     
		(5) 	Class E airspace at and above 3,000 feet MSL over the Gulf of Mexico from the coastline of the United States out to 12 nautical miles.
   	   (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. Operations authorized by this section must be conducted--    
(1) 	Outside any Class B or Class C airspace area; and     
(2) 	Below the altitude of the ceiling of a Class B or Class C airspace area 
 	designated for an airport, or 10,000 feet MSL, whichever is lower.
   	   (f) 	Each person operating an aircraft equipped with ADS-B Out must operate this equipment in the transmit mode at all times.
   	   (g) 	Requests for ATC authorized deviations from the requirements of this section must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows:
   		(1) 	For operation of an aircraft with an inoperative ADS-B Out, to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
   		(2) 	For operation of an aircraft that is not equipped with ADS-B Out, the request must be made at least 1 hour before the proposed operation.
   	   (h) 	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. All approved materials are available for inspection at the FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue, SW., Washington, DC 20590 (telephone 202-267-9677), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 
202-741-6030, or go to http://www.archives.gov/ federal_register/code_of_federal
_regulations/ibr_locations.html. This material is also available from the sources indicated in paragraphs (h)(1) and (h)(2) of this section.
   		(1) 	Copies of 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) (December 2, 2009) and TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance
-Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz (December 2, 2009) 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 of TSO -C166B and TSO-C154c are also available on the FAA's Web site, at http://www.faa.gov/aircraft/air_ cert/
design_approvals/tso/. Select the link “Search Technical Standard Orders.”     
		(2) 	Copies of 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 C-154c) may be obtained from RTCA, Inc., 1828 L Street, NW., Suite 805, Washington, DC 20036-5133, telephone 202-833-9339. Copies of RTCA DO-260B and RTCA DO-282B are also available on RTCA Inc.'s Web site, at http://www.rtca.org/ onlinecart/allproducts.cfm.

   8. 	Add Sec. 91.227 to read as follows:

	Sec. 91.227  Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment
	                     performance requirements.

   	   (a) 	Definitions. For the purposes of this section:
   ADS-B Out is a function of an aircraft's onboard avionics that periodically broadcasts the aircraft's state vector (3-dimensional position and 3-dimensional velocity) and other required information as described in this section.
   Navigation Accuracy Category for Position (NACP) specifies the accuracy of a reported aircraft's position, as defined in TSO-C166b and TSO-C154c.
   Navigation Accuracy Category for Velocity (NACV) specifies the accuracy of a reported aircraft's velocity, as defined in TSO-C166b and TSO-C154c.
   Navigation Integrity Category (NIC) specifies an integrity containment radius around an aircraft's reported position, as defined in TSO-C166b and TSO-C154c.
   Position Source refers to the equipment installed onboard an aircraft used to process and provide aircraft position (for example, latitude, longitude, and velocity) information.
   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, as defined in TSO-C166b and TSO-C154c.
   System Design Assurance (SDA) indicates the probability of an aircraft malfunction causing false or misleading information to be transmitted, as defined in TSO-C166b and TSO-C154c.
   Total latency is the total time between when the position is measured and when the position is transmitted by the aircraft.
   Uncompensated latency is the time for which the aircraft does not compensate for latency.
   	   (b) 	1090 MHz ES and UAT Broadcast Links and Power Requirements--    
		(1) 	Aircraft operating in Class A airspace must have equipment installed that meets the antenna and power output requirements of Class A1, A1S, A2, A3, B1S, or B1 equipment as defined in 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).
   		(2) 	Aircraft operating in airspace designated for ADS-B Out, but outside of Class A airspace, must have equipment installed that meets the antenna and output power requirements of either:
   			(i) 	Class A1, A1S, A2, A3, B1S, or B1 as defined in TSO-C166b; or     
			(ii) 	Class A1H, A1S, A2, A3, B1S, or B1 equipment as defined in 
TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz.
   	   (c) 	ADS-B Out Performance Requirements for NAC P, NACV, NIC, SDA, and SIL--    
		(1) 	For aircraft broadcasting ADS-B Out as required under Sec. 91.225 (a) and (b)--    
			(i) 	The aircraft's NACP must be less than 0.05 nautical miles;     
			(ii) 	The aircraft's NACV must be less than 10 meters per second;     
(iii) 	The aircraft's NIC must be less than 0.2 nautical miles;     
(iv) 	The aircraft's SDA must be 2; and     
(v) 	The aircraft's SIL must be 3.
   		(2) 	Changes in NACP, NACV, SDA, and SIL must be broadcast within 10 seconds.
   		(3) 	Changes in NIC must be broadcast within 12 seconds.
   	   (d) 	Minimum Broadcast Message Element Set for ADS-B Out. Each aircraft must broadcast the following information, as defined in TSO-C166b or TSO-C154c. The pilot must enter information for message elements listed in paragraphs (d)(7) through (d)(10) of this section during the appropriate phase of flight.
(1)	 	The length and width of the aircraft;     
(2) 	An indication of the aircraft's latitude and longitude;     
(3) 	An indication of the aircraft's barometric pressure altitude;     
(4) 	An indication of the aircraft's velocity;     
(5) 	An indication if TCAS II or ACAS is installed and operating in a mode that 
 	can generate resolution advisory alerts;     
(6) 	If an operable TCAS II or ACAS is installed, an indication if a resolution 
 	advisory is in effect;     
(7) 	An indication of the Mode 3/A transponder code specified by ATC;     
(8) 	An indication of the aircraft's call sign that is submitted on the flight plan, or 
 	the aircraft's registration number, except when the pilot has not filed a flight 
 	plan, has not requested ATC services, and is using a TSO-C154c self-assigned 
 	temporary 24-bit address;     
(9) 	An indication if the flightcrew has identified an emergency, radio 
 	communication failure, or unlawful interference;     
(10) 	An indication of the aircraft's “IDENT'' to ATC;     
(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 self-assigned temporary 24-bit address;     
(12) 	An indication of the aircraft's emitter category;     
(13) 	An indication of whether an ADS-B In capability is installed;     
(14) 	An indication of the aircraft's geometric altitude;     
(15) 	An indication of the Navigation Accuracy Category for Position (NACP);     
(16) 	An indication of the Navigation Accuracy Category for Velocity (NACV);     
(17) 	An indication of the Navigation Integrity Category (NIC);     
(18) 	An indication of the System Design Assurance (SDA); and     
(19) 	An indication of the Source Integrity Level (SIL).
	   (e) 	ADS-B Latency Requirements--    
 		(1) 	The aircraft must transmit its geometric position no later than 2.0 seconds from  
 			the time of measurement of the position to the time of transmission.
   		(2) 	Within the 2.0 total latency allocation, a maximum of 0.6 seconds can be uncompensated latency. The aircraft must compensate for any latency above 0.6 seconds up to the maximum 2.0 seconds total by extrapolating the geometric position to the time of message transmission.
   		(3) 	The aircraft must transmit its position and velocity at least once per second while airborne or while moving on the airport surface.
   		(4) 	The aircraft must transmit its position at least once every 5 seconds while stationary on the airport surface.
   	   (f) 	Equipment with an approved deviation. Operators with equipment installed with an approved deviation under Sec. 21.618 of this chapter also are in compliance with this section.
   	   (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. All approved materials are available for inspection at the FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue, SW., Washington, DC 20590 (telephone 202-267-9677), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal
_register/code_of_federal_ regulations/ibr_locations.html. This material is also available from the sources indicated in paragraphs (g)(1) and (g)(2) of this section.
(1)	Copies of 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) (December 2, 2009) and TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance
-Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz (December 2, 2009) 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 of TSO -C166B and TSO-C154c are also available on the FAA's Web site, at http://www.faa.gov/aircraft/air_cert/design
_approvals/tso/. Select the link “Search Technical Standard Orders.”     
(2) 	Copies of 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 C-154c) may be obtained from RTCA, Inc., 1828 L Street, NW., Suite 805, Washington, DC 20036-5133, telephone 202-833-9339. Copies of RTCA DO-260B and RTCA DO-282B are also available on RTCA Inc.'s Web site, at http://www.rtca.org/ onlinecart/allproducts.cfm.
   
   9. 	Amend appendix D to part 91 by revising section 1 introductory text to read as follows:

APPENDIX D TO PART 91--AIRPORTS/LOCATIONS: SPECIAL OPERATING RESTRICTIONS 
   
   Section 1.  Locations at which the requirements of Sec. 91.215(b)(2) and Sec. 91.225(d)(2) apply. The requirements of Secs. 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.

* * * * * 
   
Issued in Washington, DC, on May 21, 2010.

J. Randolph Babbitt, Administrator.
 
FOR FURTHER INFORMATION CONTACT: 
•	For technical questions concerning this final rule, contact Vincent Capezzuto, Surveillance and Broadcast Services, AJE-6, Air Traffic Organization, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 385-8637; e-mail vincent.capezzuto@faa.gov.
•	For legal questions concerning this final rule, contact Lorelei Peter, Office of the Chief Counsel, AGC-220, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone 202-267-3134; e-mail lorelei.peter@faa.gov.

Manufacturer's Service Information:
None