[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Proposed Rules]
[Page 58967-58968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc05-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121 and 135
[Docket No. FAA-2005-22593]
Mode S Transponder Requirements in the National Airspace System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of policy; request for comments.
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SUMMARY: This notice of policy announces the FAA's policy concerning
current exemptions from the Mode S transponder equipment requirements
under Title 14 of the Code of Federal Regulations Sec. Sec. 121.345(c)
and 135.143(c). Additionally, this notice of policy seeks comments from
persons currently holding an exemption from the above regulations on a
proposed date for which they must comply with the equipment
requirements.
DATES: Comments must be filed no later than November 7, 2005.
ADDRESSES: You may send comments to Docket Number 22593 using any of
the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building,
[[Page 58968]]
400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ida Klepper, Office of Rulemaking,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591, (202) 267-9677, email: Ida.Klepper@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Concurrent with the publication of this notice and in a separate
part of this Federal Register publication, the FAA announces that it is
withdrawing Notice No. 96-5, a Notice of Proposed Rulemaking to rescind
the Mode S transponder requirements for aircraft operating under Title
14 of the Code of Federal Regulation (CFR) part 135 and aircraft
operating under Part 121 that are not required to have Traffic Alert
and Collision Avoidance Systems (TCAS) II.
Since Notice 96-5 was published in May 1996, the FAA has granted a
number of exemptions to the above referenced sections as the agency
progressed toward removing this equipment requirement from all aircraft
except those aircraft operated under Part 121 that have TCAS II. As the
agency has revised its long-term plan for Mode S and is retaining this
equipment requirement, we want to provide a reasonable timeframe for
the exemptions to terminate and for affected operators to comply with
the applicable regulations.
Proposed Termination Date of Exemptions
We propose that all FAA authorized exemptions of 14 CFR 121.345(c)
and 135.143(c) terminate no later than March 1, 2007. Until that date,
the FAA will review on a case-by-case basis requests to extend current
exemptions to that date. The FAA, however, would not be granting any
new exemptions after March 1, 2007. This proposed date would provide
affected operators with approximately 18 months to install a Mode S
transponder if necessary under Sec. Sec. 121.345(c) and 135.143(c).
Under paragraphs (c) of Sec. Sec. 121.345 and 135.143, after
January 1, 1992, only Mode S transponders may be newly installed in
U.S. registered civil aircraft. Under these regulations, the term
``installation'' does not include: (1) Temporary installation of a Mode
C transponder or substitute equipment as appropriate, during
maintenance of the permanent equipment; (2) reinstallation of equipment
after temporary removal for maintenance; or (3) for fleet operations,
installation of equipment in a fleet aircraft after removal of the
equipment for maintenance from another aircraft in the same operator's
fleet.
Consequently, the FAA proposes that effective March 1, 2007, if a
transponder needs to be permanently replaced it must be replaced with a
Mode S transponder. This does not mean that effective March 1, 2007,
operators are required to install Mode S transponders, if they have an
operable and appropriate Mode C or Mode A transponder in the aircraft.
The current regulation only requires the replacement of a Mode A or C
transponder with Mode S when the existing transponder can no longer be
repaired. In addition, the FAA notes that if you were (or are) issued
an exemption before March 1, 2007, allowing you to install a Mode C
transponder on your aircraft, you may use that transponder until it no
longer can be repaired and must be replaced with a Mode S. Therefore,
if you hold an exemption, any Mode A or C transponder that is installed
on or before March 1, 2007, may remain in your aircraft and may
continue to be repaired after March 1, 2007. When that Mode A or C
transponder can no longer be repaired, it must be replaced with a Mode
S transponder. After March 1, 2007, you will not receive an exemption
to allow the installation of a Mode A or C transponder to replace a
Mode A or C transponder that cannot be repaired.
The FAA invites all affected operators to comment on the proposed
date of March 1, 2007, as the latest termination date for authorized
exemptions from Sec. Sec. 121.345(c) and 135.143(c). After that date,
any transponder newly installed in U.S. registered aircraft must be
Mode S.
Issued in Washington, DC on September 27, 2005.
Anthony Fazio,
Director of Rulemaking.
[FR Doc. 05-20183 Filed 10-6-05; 8:45 am]
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