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) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without seeking comment
prior to the rulemaking.
Section 553(d)(3) of the
Administrative Procedure Act requires
that agencies publish a rule not less
than 30 days before its effective date,
except as otherwise provided by the
agency for good cause found and
published with the rule.
This document is correcting an error
that is in 14 CFR 91.225, ADS–B Out
equipment and use. This correction will
not impose any additional restrictions
on the persons affected by these
regulations. Furthermore, any additional
delay in making the regulations correct
would be contrary to the public interest.
Accordingly, the FAA finds that (i)
public comment on these standards
prior to promulgation is unnecessary,
and (ii) good cause exists to make this
rule effective in less than 30 days.
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
§ 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 § 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 § 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.
Technical Amendment
In order to address any confusion and
clarify the equipage requirements
permitted under this rule, the FAA is
amending § 91.225 to insert text
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