Suspension of Certain Aircraft Operations From the Transponder With Automatic Pressure Altitude Reporting Capability Requirement

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withdrawn as of January 13, 2000.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

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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]

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