[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Proposed Rules]
[Pages 2077-2079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-864]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 26242, Notice No. 00-01]
RIN 2120-AF30
Suspension of Certain Aircraft Operations From the Transponder
With Automatic Pressure Altitude Reporting Capability Requirement
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The FAA is withdrawing a proposal to reinstate and modify the
provisions of expired Special Federal Aviation Regulation (SFAR) No.
62. SFAR No. 62 suspended certain regulations requiring the
installation and use of a transponder with automatic altitude reporting
capability within 30 nautical miles of a Class B airspace area primary
airport. SFAR No. 62 expired on December 30, 1993. The proposed
reinstatement was intended to provide additional time during which
aircraft operators could equip their aircraft with automatic altitude
reporting transponders. Ten years have passed since implementation of
the requirement to install and use automatic altitude reporting
transponders in aircraft operating within 30 nautical miles of a Class
B airspace area. The FAA finds that ample time has been provided for
affected operators to comply with this equipment requirement.
Consequently the FAA believes that the relief provided by the proposed
regulation is no longer needed. Therefore, the FAA is withdrawing this
proposal.
DATES: The proposed rule published on August 25, 1994 (59 FR 43994), is
withdrawn as of January 13, 2000.
FOR FURTHER INFORMATION CONTACT: Ellen Crum, Airspace and Rules
[[Page 2078]]
Division, ATA-400, Air Traffic Airspace Management Program, Federal
Aviation Administration, 800 Independence Ave, SW, Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 1988, the FAA published a final rule, the Transponder
with Automatic Altitude Reporting Capability Requirement (53 FR 23356;
June 21, 1988), which required aircraft operating within 30 nautical
miles of a Class B airspace area primary airport (commonly referred to
as the Mode C veil) to be equipped with an operable transponder with
automatic altitude reporting capability. Aircraft not originally
certificated with an engine-driven electrical system or not
subsequently certificated with such a system installed, balloons, and
gliders were excluded from this requirement.
On December 5, 1990, the FAA published a final rule, SFAR No. 62
(55 FR 50302; Dec. 5, 1990), which suspended the automatic altitude
reporting transponder requirement for certain aircraft operations in
the vicinity of approximately 300 airports in the outlying area of Mode
C veils but outside of the confines of the Class B airspace area.
Specifically, SFAR No. 62 allowed for the operation of aircraft not
equipped with an operable automatic altitude reporting transponder in
the airspace at or below the altitude specified in the rule for the
airport or along the most direct and expeditious routing (or on a
routing directed by air traffic control (ATC)) between those airports
and the outer boundary of the Mode C veil, consistent with established
traffic patterns, noise abatement procedures, and safety. The purpose
of SFAR No. 62 was to provide a limited transition period to allow
operators flexibility in equipping their aircraft with transponders
within a reasonable timeframe.
Prior to the adoption of SFAR No. 62, requests to deviate from the
automatic altitude reporting transponder requirements were handled by
ATC facilities on a case-by-case basis. If approved, the ATC
authorization specified all restrictions or conditions necessary to
ensure that the operation could be conducted safely and without any
impact on other operations. The authorization process proved to be
inefficient and time consuming for operators and ATC staff due to the
very high number of operators requesting ATC authorizations because
they had not yet equipped their aircraft with the required
transponders.
On August 25, 1994, the FAA published a notice of proposed
rulemaking (NPRM) (59 FR 43994; Aug. 25, 1994) that proposed, with some
minor modifications, to reinstate the expired provisions of SFAR No. 62
as SFAR No. 62-1. The NPRM identified and excluded those airports where
aircraft operations cannot be detected by radar when those operations
are conducted at or below a specified altitude and within a 2-nautical-
mile radius of the airport, or along the most direct route between that
airport and the outer boundary of the Mode C veil. Airports served
primarily by aircraft required to be equipped with Traffic Collision
Avoidance System (TCAS) also were excluded from the list of airports
where SFAR No. 62-1 would apply. The NPRM proposed to modify the
expired SFAR No. 62 by revising the altitudes below which automatic
altitude reporting transponders would not be required in the vicinity
of certain airports where radar upgrades warranted such revisions.
Lastly, the NPRM proposed modifications to the list of airports within
the Denver Mode C veil at which aircraft operations were excluded from
the automatic altitude reporting transponder requirement.
Discussion of Public Comments
Interested parties were invited to participate in the rulemaking
process by submitting such written data, views, or arguments regarding
the proposal. The comment period originally was scheduled to close on
October 11, 1994. However, in accordance with 14 CFR 11.29(c), the
Aircraft Owners and Pilots Association (AOPA) requested a 45-day
extension of the comment period. The FAA determined that AOPA's request
was in the public interest and extended the comment period to November
25, 1994 (59 FR 49360; Sept. 28, 1994).
One hundred fourteen private individuals and 18 associations,
including government entities, submitted comments. Because one
submission was signed by 13 commenters and another submission was
signed by 22 commenters, 99 separate comments were actually received.
All comments received during the comment period were considered before
making a determination regarding final action on the proposed rule.
Most of the commenters suggest eliminating the automatic altitude
reporting transponder equipment requirement when operating within 30
nautical miles of a primary airport listed in section 1 of appendix D
to 14 CFR part 91. However, the NPRM did not propose or suggest
eliminating the automatic altitude reporting transponder requirement.
Specifically, the NPRM proposed to continue, at specific locations and
altitudes, a method that would allow aircraft operators to be exempted
from the automatic altitude reporting transponder rule itself.
Therefore, since the NPRM proposed no changes to the initial
regulations requiring the use of transponders with automatic altitude
reporting capability within 30 nautical miles of a Class B airspace
area, the FAA finds these comments are outside the scope of this
specific rulemaking action.
Several commenters oppose the reinstatement of the provisions of
SFAR No. 62. These commenters state that the cost of equipping an
aircraft with an automatic altitude reporting transponder is small in
absolute terms when compared with the safety benefits provided by a
transponder. They argue that the safety benefits include increased
situational awareness for controllers and pilots when in contact with
ATC. In addition, these commenters believe that excepting aircraft from
automatic altitude reporting transponder requirements may compromise
the effectiveness of TCAS because TCAS requires automatic altitude
reporting transponder replies from nearby aircraft to determine whether
a threat of potential collision exists.
The FAA agrees that automatic altitude reporting transponders
provide increased benefits for controllers and pilots. If a controller
is not yet in radio communication with an aircraft that is equipped
with an automatic altitude reporting transponder, the transponder
provides altitude information that can be received by other TCAS-
equipped aircraft in the area, or ATC, without waiting for the pilot to
check onto the ATC frequency. The FAA is not aware of any incidents
where safety was compromised due to aircraft operating in accordance
with SFAR 62. It is important to note, however, that the expired
provisions of SFAR No. 62 and the proposed provisions of SFAR No. 62-1
provide access to outlying airports with a minimum of ATC involvement
without degrading the safety benefits of the Mode C rule. When
operating within the Mode C veil area, aircraft not equipped with an
altitude encoding transponder can be accommodated safely, provided that
operations are conducted in accordance with restrictions set forth in
the ATC authorization.
The FAA notes that in the NPRM, the FAA requested specific comments
regarding the effectiveness of SFAR No. 62, as well as the number of
aircraft
[[Page 2079]]
operators who had benefited from the SFAR. Commenters did not provide
information concerning either the number of operators benefiting from
the SFAR, or the number of aircraft that are not equipped with
automatic altitude reporting transponders and operating within the Mode
C veil areas.
When the FAA promulgated the Mode C veil rule in 1988, the intent
was to require all aircraft, with certain regulatory exceptions, to be
equipped with an operable altitude encoding transponder when operating
within 30 nautical miles of a Class B airspace area primary airport.
For those instances where a pilot was unable to comply with this
equipment requirement, an ATC authorization could be obtained from the
appropriate ATC facility. SFAR No. 62 was promulgated as a temporary
measure only to alleviate the workload associated with granting ATC
authorizations and to allow additional time for certain operators to
equip their aircraft with altitude encoding transponders.
There are no regulations requiring aircraft owners to report the
types of transponders installed in their aircraft. Therefore, it is
difficult to estimate the number of aircraft that are equipped with
altitude reporting transponders. However, in 1995, the FAA published
the ``General Aviation and Air Taxi Activity and Avionics Survey,''
prepared by the Office of Aviation Policy and Plans (APO-1). The survey
provides information about the activity and avionics equipment of the
general aviation and air taxi fleet. The information for the survey is
collected using a statistically designed sample survey. The sample is
selected from all general aviation and air taxi aircraft registered
with the FAA. According to this survey, almost 70 percent of fixed wing
general aviation aircraft have Mode C or Mode S installed, and almost
60 percent of rotorcraft have Mode C or Mode S installed.
Several years have passed since SFAR No. 62 was promulgated in
1990. The FAA believes that sufficient time has been provided for
aircraft operators to purchase and install automatic altitude reporting
transponders. Moreover, the best available information indicates that a
majority of operators have installed altitude encoding transponders.
Those aircraft operators without an operating transponder may use the
ATC authorization procedures to get relief from the equipment
requirement; therefore, the FAA is withdrawing the proposed rule to
reinstate SFAR No. 62. The FAA will continue to assess the impact of
the 1988 equipment requirement upon aircraft operators and the National
Airspace System.
Withdrawal of Proposed Rule
Accordingly, the proposed amendment to reinstate SFAR No. 62 as
SFAR No. 62-1 under 14 CFR Part 91 (Notice No. 94-28), published on
page 43994 in the Federal Register of August 25, 1994, is withdrawn.
Issued in Washington, DC on January 7, 2000.
John Walker,
Program Director, Air Traffic Airspace Management Program.
[FR Doc. 00-864 Filed 1-12-00; 8:45 am]
BILLING CODE 4910-13-P
