[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Proposed Rules]
[Pages 58967-58968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20183]


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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: [email protected].

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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