96-13030. Air Traffic Control Radar Beacon System and Mode S Transponder Requirements in the National Airspace System  

  • [Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
    [Proposed Rules]
    [Pages 26036-26040]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-13030]
    
    
    
    
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    Part V
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Parts 121 and 135
    
    
    
    Air Traffic Control Radar Beacon System and Mode S Transponder 
    Requirements in the National Airspace System; Proposed Rules
    
    Federal Register /Vol. 61, No. 101/ Thursday, May 23, 1996/ Proposed 
    Rules
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Parts 121 and 135
    
    [Docket No. 28586; Notice No. 96-5]
    RIN 2120-AE81
    
    
    Air Traffic Control Radar Beacon System and Mode S Transponder 
    Requirements in the National Airspace System
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Notice of proposed rulemaking (NPRM).
    
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    SUMMARY: This notice proposes to rescind the Mode S transponder 
    requirement for all aircraft operations under part 135 and certain 
    aircraft operations under part 121 of the Federal Aviation Regulations 
    (14 CFR parts 121 and 135). For part 121 operators, this amendment 
    would affect only those aircraft not required to have Traffic Alert and 
    Collision Avoidance System II (TCAS II). The initial mandate for Mode S 
    equipage was based on the assumption that Mode S would provide the sole 
    method for air traffic control data link. The FAA's revised strategy of 
    multiple air-ground data links managed through an Aeronautical 
    Telecommunications net work removes this requirement. Further, 
    operational experience with the Mode S ground sensors has shown that 
    most surveillance enhancements can be achieved by the Mode S ground 
    sensors with the present mixed population of airborne transponders. In 
    addition, the use of Mode S transponders for aircraft, other than those 
    required to have TCAS II, does not offer, nor is it expected to offer, 
    any significant safety advantage in the current or future airspace 
    environment. Therefore, requiring all aircraft at this time to have 
    Mode S transponders when those aircraft are not required to have TCAS 
    II is not essential for a safe and efficient National Airspace System. 
    In the current airspace operational environment, the public interest 
    does not require that all transponders newly installed in certain 
    aircraft operated under part 121 and all aircraft operated under part 
    135 after January 1, 1992, be Mode S transponders.
    
    DATES: Comments must be received on or before July 22, 1996.
    
    ADDRESSES: Comments on this NPRM should be mailed, in triplicate to: 
    Federal Aviation Administration, Office of the Chief Counsel, 
    Attention: Rules Docket (AGC-200), Docket No. 28537, 800 Independence 
    Avenue, SW., Washington, DC 20591. Comments may also be sent 
    electronically to the Rules Docket by using the following Internet 
    address: nprmcmt@mail.hq.faa.gov. Comments must be marked Docket No. 
    28586. Comments may be examined in the Rules Docket in Room 915G on 
    weekdays between 8:30 a.m. and 5 p.m., except on Federal holidays.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Daniel V. Meier Jr., Air Carrier 
    Operations Branch (AFS-220), Air Transportation Division, Federal 
    Aviation Administration, 800 Independence Avenue SW., Washington, DC 
    20591; telephone (202) 267-3749.
    
    SUPPLEMENTARY INFORMATION:
    
    Comments Invited
    
        Any person may obtain a copy of this NPRM by submitting a request 
    to the Federal Aviation Administration, Office of Rulemaking, 800 
    Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-
    9677. Communications must identify the notice number of this NPRM. 
    Persons interested in being placed on a mailing list for future FAA 
    NPRM's should request a copy of Advisory Circular No. 11-2A, Notice of 
    Proposed Rulemaking Distribution System, which describes application 
    procedures.
        An electronic copy of this document may be downloaded using a modem 
    and suitable communications software from the FAA regulations section 
    of the Fedworld electronic bulletin board service (telephone: 703-321-
    3339) or the Federal Register's electronic bulletin board service 
    (telephone 202-512-1661). Internet users may reach the FAA's web page 
    at http://www.faa.gov or the Federal Register's webpage at http://
    www.access.gpo.gov/su__docs for access to recently published rulemaking 
    documents.
    
    Availability of NPRM's
    
        Any person may obtain a copy of this NRM by submitting a request to 
    the Federal Aviation Administration, Office of Rulemaking, 800 
    Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-
    9677. Communications must identify the notice number of this NPRM.
        Persons interested in being placed on the mailing list for future 
    NPRM's should request from the above office a copy of Advisory Circular 
    No. 11-2A, Notice of Proposed Distribution System, which describes the 
    application procedure.
    
    History
    
        In 1982, the FAA announced a comprehensive plan to modernize and 
    improve air traffic control and airway facilities. One part of the 
    comprehensive plan included introducing the Mode S system. In an 
    advance notice of proposed rulemaking, the FAA stated that improved 
    surveillance reliability and accuracy would be a central objective of 
    the Mode S system (48 FR 48364, October 18, 1983). Mode S transponders 
    were considered an integral link in the system, furnishing accurate, 
    reliable, and positive air traffic control information on aircraft 
    identity, position, and altitude. The plan envisioned that all 
    groundbased secondary radars would be replaced by Mode S stations, and 
    that Mode S would provide the exclusive medium for an air/ground data 
    link. At that time, the first 137 Mode S ground sensors were expected 
    to be on-line by 1991. Therefore, the Mode S transponder requirement 
    was promulgated with a final rule published February 3, 1987 (Amendment 
    Nos. 121-190 and 135-22; 52 FR 3380). This final rule provided that any 
    transponder newly installed in aircraft used for operations under parts 
    121 and 135 of Title 14, Code of Federal Regulations (14 CFR 121 and 
    135), before January 1, 1992, could be a Mode A transponder provided 
    the transponder was manufactured prior to January 1, 1990; only Mode S 
    transponders could be newly installed in these aircraft after January 
    1, 1992.
    
    Mode A and Mode S Transponders
    
        The two kinds of aircraft equipment addressed by this rulemaking 
    are the Mode A and the Mode S transponders. They are the airborne 
    portion of the secondary radar system, which is not a true radar system 
    but rather an interrogate/respond system used to establish aircraft 
    position and identity.
        The Mode A transponder consists of a radio transceiver that 
    responds to a coded train of pulses from ground sensors (known as Air 
    Traffic Control Radar Beacon Interrogators (ATCBI)). The Mode A 
    transponder response encodes one of 4,096 discrete codes (set by the 
    pilot) in response to a Mode A interrogation from the ground sensor. 
    The ground sensor receives the reply message, and processors extract 
    the aircraft's position and identity for display on the controller's 
    radar scope. An enhanced transponder is capable of responding to Mode C 
    interrogations from the ground station by reporting the aircraft's 
    altitude derived from a suitable encoding altimeter.
    
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        The Mode S transponder is an advanced version of the Mode A 
    transponder which responds to conventional Mode A and Mode C 
    interrogations, but it is also capable of responding to a Mode S 
    interrogation with a unique code based on the aircraft's tail number. 
    When used in conjunction with Mode S ground sensors, a system of nearly 
    interference-free radar transmission and reception will exist. This 
    system provides for improved target information to be display on the 
    controller's radar screen and enables the various air traffic control 
    computers (ATC) to detect conflict and control aircraft flow. In 
    addition, the Mode S ground station recognizes a conventional Mode A 
    transponder and reverts to conventional ATCBI operation for that 
    aircraft.
    
    The Mode S System
    
        The Mode S system was designed to rectify limitations in the 
    current radar system. The limitations include synchronous garble, loss 
    of target and altitude integrity, and restrictions on traffic 
    management caused by the limited number of discrete beacon codes. Of 
    the two components in the Mode S system (i.e., the ground sensor and 
    the transponder), the ground sensor provides most of the capability to 
    ameliorate these limitations.
        Synchronous garble occurs when the ground sensor interrogating two 
    aircraft near one another cannot distinguish between their respective 
    replies. In this situation, the data cannot be reconstructed; the ATC 
    computer will either not display information or display erroneous 
    information on the air traffic controller radar scope. When this 
    condition can occur any time aircraft are in proximity, it is most 
    likely to hamper air traffic services in areas of high density aircraft 
    activity such as Classes B and C airspace areas. Improved processing 
    capabilities found in the latest monopulse secondary radars are able to 
    resolve many garble situations without Mode S transponder equipage by 
    the aircraft. Operational experience with the currently deployed Mode S 
    systems indicates that the garble resolution provided with the current 
    transponder population is sufficient to provide assured separation 
    using today's separation standards.
        Target and altitude integrity expresses the ability of the radar 
    system to distinguish between transmissions received from two different 
    aircraft. The ATCBI secondary radar system transmits interrogation 
    signals, and all transponder-equipped aircraft receiving the signal 
    reply with a distinct code and, if so equipped, report the aircraft's 
    altitude. As described earlier, the ability of the current system to 
    distinguish between two signals is affected by the proximity of the 
    aircraft to each other. Terrain, signal strength of the aircraft 
    transponder equipment, and environmental factors can also derogate the 
    ability of the ground sensor to determine the position and altitude of 
    an aircraft.
        Azimuth accuracy is improved with the Mode S system. To illustrate, 
    when two aircraft are equal distances from a sensor in the existing 
    system, they must be at least .23 deg. of azimuth apart before both 
    targets are displayed. With the Mode S system, those same aircraft need 
    only be apart by .06 deg. of azimuth to be displayed. A 1976 FAA-
    sponsored study postulated that a homogeneous Mode S environment (Mode 
    S ground sensors and transponders) would increase integrity to more 
    than 99 percent. Recent FAA tests and operational experience with the 
    Mode S ground sensors have verified these figures.
        If the number of aircraft operating in the National Airspace System 
    continues to increase, the number of codes needed may eventually exceed 
    the current limit of 4,096 discrete codes. Controllers assign these 
    discrete codes, used to track aircraft position and altitude, to 
    aircraft receiving air traffic services. The unique code assigned by 
    the Mode S reduces the controller's workload and computer processing 
    burden, allowing positive identification of an aircraft as it passes 
    from one air traffic facility to another, and as data link messages are 
    associated with surveillance targets. However, without a nationwide 
    network of Mode S ground sensors in place and enhanced ATC computers 
    with complementary software, these productivity benefits cannot be 
    fully achieved.
        Although the Mode S system improves accuracy in the surveillance of 
    aircraft position and reduces interference in identify reports 
    transmitted to air traffic controllers, which allows for clear 
    surveillance of aircraft that are minimally separated, studies with the 
    Precision Runway Monitor show that a multitude of procedural, pilot 
    training, and other issues must be addressed before a relaxation in 
    aircraft separation standards may be approved. Therefore the capacity 
    benefits envisioned initially from Mode S are not primarily dependent 
    on improved surveillance capability.
        In addition to surveillance, the initial strategy for Mode S 
    deployment includes a data-link capability. All secondary radar ground 
    stations were to be converted to Mode S, which was to be the sole data 
    link used for critical ATC messages. The FAA has adopted a new data 
    link strategy with two principle thrusts: (1) a second FAA data link 
    will be deployed as part of the next-generation air-ground VHF radios; 
    and (2) private data link services will be considered if they meet FAA 
    performance requirements. The message itself will be routed through an 
    Aeronautical Telecommunications Network (ATN), which will automatically 
    select the best air-ground media based on the nature of the message. 
    This strategy provides a much more flexible and market-driven approach, 
    which allows the FAA to work with the aviation community to use the 
    best available evolving technology.
        The new data link strategy means that nationwide Mode S ground 
    station deployment is no longer required to establish the air-ground 
    link. Further, mandatory Mode S transponder equipage by aircraft is not 
    required to achieve widespread data link equipage in aircraft. The 
    number of Mode S ground stations will now be determined by surveillance 
    requirements and the marginal benefit of the increased air-ground data 
    link capability.
        Mode S capability is an integral part of the Traffic Alert and 
    Collision Avoidance System II (TCAS II) required by Sec. 121.356 14 CFR 
    for certain aircraft operating under part 121. This regulation requires 
    such aircraft having a passenger seating configuration of more than 30 
    seats to be equipped with an approved TCAS II and appropriate Mode S 
    transponder by December 30, 1993. Used with TCAS II, Mode S provides 
    air-to-air data exchange between TCAS-equipped aircraft making 
    coordinated, complementary resolution advisories (recommended escape 
    maneuvers) possible. A TCAS II system is rendered ineffective unless a 
    Mode S transponder is installed with the TCAS II component.
        Traffic Alert and Collision Avoidance System I (TCAS I) does not 
    require data from Mode S transponders to function. This system is 
    intended for use by aircraft with passenger seating configuration 
    between 10 and 30 seats that are operated under parts 121 and 135. TCAS 
    I provides proximity warning only to assist a pilot in the visual 
    acquisition of intruder aircraft.
        The FAA has determined that the requirement to install Mode S 
    transponders after January 1, 1992, in aircraft not required to be 
    equipped with TCAS II exceeds the requirements of the present and 
    immediate future for a safe and efficient National Airspace System. 
    Studies and analysis are being
    
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    conducted on advanced methods of aircraft separation to support the 
    FAA's goal of ``free flight.'' Free flight is an operational vision 
    that will allow aircraft to cooperatively plan and execute their 
    optimal flight paths with minimal interference from ground-based 
    controllers. The overall infrastructure improvements to the airspace 
    system (including surveillance) required to achieve operational 
    benefits are being defined, and public comment will be sought on the 
    benefits, procedures, and any new avionics requirements before they are 
    implemented. The FAA further invites comment on whether future equipage 
    of Mode S transponders should be mandatory for certain areas of 
    operation.
        Except for aircraft equipped with TCAS II, the presence of Mode S 
    transponder capability on part 135 aircraft would not enhance the 
    safety of flight in today's airspace environment. If the demand for air 
    traffic services continues to increase, A mode S transponder may be 
    necessary for aircraft operating under parts 121 and 135 to increase 
    efficiency in some areas of the national airspace system.
    
    The Proposed Rule
    
        The FAA proposes to rescind the Mode S transponder requirement for 
    aircraft operating under part 135 of the FAR and those aircraft 
    operating under part 121 that are not required to have TCAS II.
    
    Paperwork Reduction Act
    
        This proposed rulmaking would rescind an agency regulation and 
    would not change any reporting requirements. Therefore, no review or 
    approval under the Paperwork Reduction Act is required.
    
    Regulatory Evaluation Summary
    
        The FAA has determined that this rulemaking is not a ``significant 
    regulatory action'' as defined by Executive Order 12866 (Regulatory 
    Planning and Review). The anticipated costs and benefits associated 
    with this NPRM are summarized below. (A detailed discussion of costs 
    and benefits is contained in the full regulatory evaluation contained 
    in the docket for this NPRM.)
    
    Overview
    
        Although this proposal applies to operators under parts 121 and 
    135, the benefits and costs sections of this evaluation will only focus 
    on part 135 operators. Of the part 121 operators, only those not 
    required to install TCAS II would be affected by this proposed rule. 
    The FAA is not able, at this time, to determine the number of these 
    operators because there is no information readily available. For this 
    reason, only the potential impact on part 135 operators will be 
    analyzed in this evaluation. The FAA solicits comments from the 
    aviation community as to the number of part 121 operators not required 
    to have TCAS II.
        This proposed Mode S rescission would apply to all part 135 
    operators regardless of what kind of transponder (remote-mounted or 
    panel-mounted) they would purchase. For this evaluation, however, the 
    FAA will consider only those part 135 operators who would install 
    remote-mounted transponders. When the FAA estimated the benefits of the 
    Mode S rescission for part 91 operators, it counted all of the panel 
    mounted Mode S transponders since those transponders are predominantly 
    installed in part 91 aircraft. The FAA has since learned that some 
    panel-mounted transponders are also installed in part 135 aircraft, 
    especially those with less than 10 seats. Thus, the FAA has not 
    estimated the number of panel-mounted transponders that are being 
    operated in part 135 aircraft for this proposed rule. The FAA has not 
    estimated this number for two reasons. First, the proportion of new 
    panel-mounted transponders that are installed in part 135 aircraft is 
    very difficult to estimate. Second, even if that proportion could be 
    estimated, it could not be used to calculate the benefits for the 
    proposed rule since they were already used to calculate the benefits of 
    rescinding the Mode S requirement for part 91 operators. Consequently, 
    the benefits of the proposed rule are underestimated.
    
    Benefits
    
        The benefits of this proposed rule are the cost-savings to aircraft 
    operators who would be allowed to purchase Mode A transponders instead 
    of Mode 2 transponders. The FAA estimates the cost-savings to be 
    approximately $10 million over the next 10 years. The present value of 
    these cost-savings would be $7 million (discounted, 7 percent, 1992 
    dollars).
        To estimate the potential cost-savings of this proposed rule, the 
    FAA estimated the number of remote-mounted transponders that would be 
    installed in part 135 aircraft with 10 to 29 seats. The FAA estimates 
    that 780 such aircraft are being operated in the United States. These 
    aircraft make up the vast majority of aircraft that would be affected 
    by the proposed rule to rescind the Mode S requirements.
        The potential benefits would be the cost-savings that these 
    operators would realize when they replace an existing remote-mounted 
    Mode A transponder. The proposed rule would allow them to purchase and 
    install another remote-mounted Mode A transponder instead of a new 
    remote-mounted Mode S transponder. To estimate these potential 
    benefits, the FAA surveyed several transponder manufacturers, fixed-
    based operators, and regional airlines in an effort to ascertain 
    information on the frequency of Mode A transponder replacement. 
    According to these industry sources, a part 135 operator would purchase 
    a new transponder, on average, once every 10 years. Thus, over the next 
    10 years, on average, each part 135 operator would have purchased a new 
    Mode S transponder.
        Currently, an estimated 780 part 135 aircraft would potentially be 
    affected by this proposed rule. Therefore, the population of part 135 
    aircraft that would be affected by this proposed rule annually would be 
    approximately 78 (780/10). This translates into approximately 78 
    remote-mounted Mode S transponders that would be sold annually over the 
    next 10 years.
        The difference in price (including installation) between the 
    average remote-mounted Mode A transponder and the average remote-
    mounted Mode S transponder is $12,800. This price represents the 
    average cost-savings that a part 135 operator could realize as a result 
    of the proposed rule to rescind Mode S requirements. Multiplying this 
    cost-savings estimate of $12,800 by the number of transponders expected 
    to be sold over the next 10 years would result in total potential 
    benefits of $10 million (or $7 million discounted).
    
    Costs
    
        The proposed rule would impose an estimated cost of $910,000 (or 
    $640,000 discounted) over the next 10 years. This cost impact would 
    only affect Mode S manufacturers and would be the reduction in profit 
    earned from Mode S sales. (Sales from Mode S exports would not be 
    affected by the NPRM.) This proposed rule would not impose costs in the 
    form of either reduced aviation safety or operational efficiency. The 
    expected aviation safety and operational efficiency benefits of the 
    Mode S rule have not been realized because the ground sensors were 
    never installed and tested. This assessment is based on the following 
    analysis of each of the potential cost components.
    
    Aviation Safety and Operational Efficiency
    
        Rescinding the Mode S requirement would not decrease operational 
    efficiency in the air traffic control
    
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    system. In addition, the rescission would not decrease safety to 
    aircraft operators and the flying public. While areas of high density 
    air traffic may benefit from the improved target and altitude integrity 
    of the Mode S system, the benefit will derive primarily from the ground 
    sensor component; the limited benefit expected from the transponder 
    component by itself would appear not to warrant the current Mode S 
    transponder requirement for part 135 aircraft. Since those potential 
    benefits have never been realized, neither aviation safety nor 
    operational efficiency would decrease as a result of this proposed 
    rule.
    
    Mode S Transponder Manufacturers
    
        Another potential cost impact of this proposed rule would be the 
    additional costs incurred by manufacturers of Mode S transponders in 
    lost profits. The manufacturers of remote-mounted Mode S transponders 
    have made investments in designing and developing such products. The 
    potential costs to those manufactures would be: (1) The initial 
    investment to develop Mode S transponders for part 135 aircraft and (2) 
    the potential lost profit on each remote-mounted Mode S transponder 
    sold in the future. In terms of the initial development cost, there 
    would be no loss due to this proposed rule. These manufacturers have 
    incurred costs for developing remote-mounted Mode S transponders in 
    response to the Mode S rule. Such costs, which are in excess of $4 
    million (undiscounted), are sunk and cannot be considered as part of 
    the proposed rule. Once an investment is made and cannot be altered, it 
    is called a sunk cost. For this reason, sunk costs are not considered 
    when evaluating the costs of regulatory actions.
        In terms of profits on Mode S transponders sold in the future, the 
    proposed rule would impose a cost. The proposed Mode S rescission would 
    decrease the demand for remote-mounted Mode S transponders by part 135 
    operators; hence, the cost to manufacturers would be lost profit. This 
    lost profit would represent the difference in profit earned from sales 
    of Mode A rather than Mode S transponders over the next 10 years. Due 
    to the proprietary nature of such information, the FAA was unable to 
    ascertain specific rates of profit that manufacturers earn on the sale 
    of Mode S transponders. However, the FAA did receive information that 
    indicates the profit earned on the sale of Mode A transponders is 10 
    percent. The FAA contends that this rate is also a fair representation 
    for Mode S transponders as well, since they are similar products 
    installed in the same type of aircraft and purchased by the same part 
    135 operators.
        The amount of potential lost profit (LP) is the amount of revenue 
    (R) that would be earned from the sale of Mode S transponders (instead 
    of Mode A transponders) less the cost (C) of manufacturing Mode S 
    transponders (instead of Mode A transponders). The revenue is 
    equivalent to the cost-savings incurred by aircraft operators, which is 
    $7 million (discounted) over the next 10 years. The cost of 
    manufacturing Mode S tranponders can be estimated based on the 
    relationship between the rate of profit, the revenue and the 
    manufacturing cost. In general terms, this relationship can be 
    represented as R=C x P. In this instance, revenue is $7 million and 
    profit is 1.10. To estimate the potential lost profit, the following 
    calculation is made:
    
    R=C x P=$7M
    C=$7M/1.10=$6.36M
    LP=R-C=$640,000
    
        As shown in the above calculation, the estimate of $640,000 
    represents the present value lost profit from selling Mode A instead of 
    Mode S transponders over the next 10 years. The FAA recognizes that 
    there is some uncertainty in the accuracy of the rate of profit on 
    transponder sales for manufacturers. This uncertainty is due, in large 
    part, to the fact that the rate of profit varies among manufacturers of 
    remote-mounted Mode S transponders. As the result of this uncertainty, 
    the FAA solicits comments from manufacturers of remote-mounted Mode S 
    transponders as to the accuracy of the 10 percent rate of profit 
    estimate.
    
    Conclusion
    
        The potential cost-relieving benefits of this proposed rule are 
    estimated to be $7 million (discounted). The potential costs are 
    estimated to be $640,000 (discounted). Based on this assessment, the 
    FAA has determined that this proposed rule is cost-beneficial.
    
    Initial Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily burdened 
    by government regulations. The RFA requires agencies to review rules 
    that may have a ``significant economic impact on a substantial number 
    of small entities.''
        According to the FAA's Regulatory Flexibility Criteria and Guidance 
    (2100.14A), a substantial number of small entities means a number that 
    is not less than 11 and that is more than one third of the small 
    entities subject to the proposed rule. The small entities that this 
    proposed rule would potentially affect are aircraft flight instrument 
    manufacturers that produce no more than 250 units annually. The FAA has 
    identified the three manufacturers that produce remote mounted Mode S 
    transponders. On average, these three manufacturers combined sell 
    approximately 2,200 transponders annually. Each of the three 
    manufacturers sell, on average, approximately 730 (2,200/3) Mode S 
    transponders annually. Since 730 exceeds the annual size threshold of 
    250, none of the U.S. Mode S transponder manufacturers are considered 
    to be small. Thus, this proposed rule would not impose a significant 
    economic impact on a substantial number of small entities. For this 
    reason, a regulatory flexibility analysis is not required.
    
    International Trade Impact Assessment
    
        The Office of Management and Budget directs agencies to assess the 
    effects of regulatory changes on international trade. This proposed 
    rule would not have a competitive trade disadvantage on foreign 
    companies that sell foreign aviation products or services in the United 
    States. This proposed rule also would not have a competitive trade 
    disadvantage on domestic companies that sell U.S. products or services 
    in foreign countries. This assessment is based on the belief that the 
    number and type of transponders sold to foreign operators by U.S. 
    manufacturers would not change as a result of this proposed rescission. 
    The FAA was not able to identify any foreign manufacturers that sell 
    transponders in the United States. Based on this information, the FAA 
    contends that there would be no impact on them. However, the FAA 
    solicits any comments on the international trade impact.
    
    Federalism Implications
    
        The proposed rescission of the regulation herein would not have 
    substantial direct effects on the states, on the relationship between 
    the national government and the states, or on the distribution of power 
    and responsibilities among the various levels of government. Therefore, 
    in accordance with Executive Order 12612, it is determined that this 
    proposal would not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
    
    Conclusion
    
        For the reasons discussed in this preamble and based on the 
    findings in
    
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    the Regulatory Flexibility Determination and the International Trade 
    Impact Analysis, the FAA has determined that the proposed rescission of 
    this regulation is not significant under Executive Order 12866. In 
    addition,the FAA certifies that this rule will not have a significant 
    economic impact on a substantial number of small entities under the 
    criteria of the Regulatory Flexibility Act. This proposal is considered 
    not significant under DOT Regulatory Policies and Procedures (44 FR 
    111034; February 26, 1979). A regulatory evaluation of the regulation, 
    including a Regulatory Flexibility Determination, and International 
    Trade Impact Analysis, has been placed in the docket. A copy may be 
    obtained by contacting the person identified under FOR FURTHER 
    INFORMATION CONTACT.
    
    List of Subjects
    
    14 CFR Part 121
    
        Air carriers, Aircraft, Aviation safety, Charter flights, 
    Transportation.
    
    14 CFR Part 135
    
        Air taxis, Aircraft, Aviation safety.
    
    The Proposed Amendment
    
        In consideration of the foregoing, the Federal Aviation 
    Administration proposes to amend parts 121 and 135 of Title 14, Code of 
    Federal Regulations (14 CFR parts 121 and 135) as follows:
    
    PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
    SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
    AIRCRAFT
    
        1. The authority citation for part 121 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
    44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
    44912, 46105.
    
        2. Section 121.345(c) is revised to read as follows:
    
    
    Sec. 121.345  Radio equipment.
    
    * * * * *
        (c) ATC transponder equipment installed after January 1, 1992, must 
    meet the performance and environmental requirements of the following 
    TSO's:
        (1) For aircraft not required to be equipped with an approved TCAS 
    II traffic alert and collision avoidance system pursuant to 
    Sec. 121.356, any class of TSO-C74b or TSO-C74c, as appropriate, or the 
    appropriate class of TSO-C112 (Mode S).
        (2) For aircraft required to be equipped with an approved TCAS II 
    traffic alert and collision avoidance system pursuant to Sec. 121.356, 
    the appropriate class of TSO-C112 (Mode S).
    
    PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATIONS
    
        1. The authority citation for part 135 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709, 
    44711-44713, 44715-44717, 44722.
    
        2. Section 135.143(c) is revised to read as follows:
    
    
    Sec. 135.143  General requirements.
    
    * * * * *
        (c) ATC transponder equipment installed after January 1, 1992, must 
    meet the performance and environmental requirements of any class of 
    TSO-C74b or TSO-C74c, as appropriate, or the appropriate class of TSO-
    C112 (Mode S).
    
        Issued in Washington, DC on May 15, 1996.
    William J. White,
    Acting Director, Flight Standards Service.
    [FR Doc. 96-13030 Filed 5-22-96; 8:45 am]
    BILLING CODE 4910-13-M
    
    

Document Information

Published:
05/23/1996
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
96-13030
Dates:
Comments must be received on or before July 22, 1996.
Pages:
26036-26040 (5 pages)
Docket Numbers:
Docket No. 28586, Notice No. 96-5
RINs:
2120-AE81: Air Traffic Control Radar Beacon System and Mode S Transponder Requirements in the National Airspace System
RIN Links:
https://www.federalregister.gov/regulations/2120-AE81/air-traffic-control-radar-beacon-system-and-mode-s-transponder-requirements-in-the-national-airspace
PDF File:
96-13030.pdf
CFR: (3)
14 CFR 121.345
14 CFR 121.356
14 CFR 135.143