FAA Amends ADS-B Rule - AVweb flash Article
The FAA has amended the ADS-B rules to state that ADS-B equipment must "meet the performance requirements" in the TSOs, rather than that the equipment actually be fully TSO'ed.
This could potentially be a huge step towards reducing the cost of the equipment. It is unclear as of yet whether this only applies to Experimentals/LSA, or to all aircraft. We'll see what develops.
The FAA has amended the ADS-B rules to state that ADS-B equipment must "meet the performance requirements" in the TSOs, rather than that the equipment actually be fully TSO'ed.
(emphasis mine)The FAA said:Background
On May 28, 2010, the FAA published a final rule entitled,
``Automatic Dependent Surveillance--Broadcast Out Performance
Requirements To Support Air Traffic Control Service'' (75 FR 30160).
In that final rule, the FAA established Sec. 91.225, which
provides the ADS-B equipment requirements necessary to operate in
certain classes of airspace effective January 1, 2020. Under paragraph
(a)(1) of that section and in order to operate an aircraft in Class A
airspace, an aircraft must have installed equipment that ``meets the
requirements of TSO-C166b.'' Under paragraph (b)(1) of that section, in
order to operate an aircraft below 18,000 feet MSL and in identified
airspace described subsequently in Sec. 91.225, an aircraft must be
equipped with equipment that ``meets the requirements of TSO-C166b; or
TSO-C154c . . .''. In reviewing these paragraphs, the FAA notes that
the regulatory text implies that the equipment must meet all the
requirements of the referenced TSOs. As the ADS-B Out rule is a
performance-based rule, it was not the FAA's intent to arguably limit
operators to only install equipment marked with a TSO in accordance
with 14 CFR part 21, subpart O. The FAA's intent was to permit
equipment that meets the performance requirements set forth in the
referenced TSOs. Evidence of that intent is found in the Notice of
Proposed Rulemaking (NPRM) for this rule. In the NPRM, the FAA proposed
in Sec. 91.225(a)(1) and (c)(1) that the equipment installed ``Meets
the performance requirements in TSO-C-166a'' (72 FR 56947, 56971). The
inadvertent removal of the word ``performance'' in the paragraphs
implementing these provisions in the final rule was in error and
resulted in confusion as to whether the regulation permits other than
equipment marked with a TSO, provided that equipment met the specified
performance requirements.
This could potentially be a huge step towards reducing the cost of the equipment. It is unclear as of yet whether this only applies to Experimentals/LSA, or to all aircraft. We'll see what develops.