80_FR_34461 80 FR 34346 - Transponder Requirement for Gliders

80 FR 34346 - Transponder Requirement for Gliders

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 115 (June 16, 2015)

Page Range34346-34350
FR Document2015-14818

The FAA requests public comment on removal of the current transponder exception for gliders. This action responds to recommendations from members of Congress and the National Transportation Safety Board. The purpose of this action is to gather information to determine whether the current glider exception--from transponder equipment and use requirements--provides the appropriate level of safety in the National Airspace System. The FAA will use the information gathered from this action to determine whether additional transponder equipment and use requirements are necessary for gliders operating in the excepted areas.

Federal Register, Volume 80 Issue 115 (Tuesday, June 16, 2015)
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Proposed Rules]
[Pages 34346-34350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14818]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2015-2147; Notice No. 15-05]
RIN 2120-AK51


Transponder Requirement for Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Advance Notice of Proposed Rulemaking (ANPRM).

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SUMMARY: The FAA requests public comment on removal of the current 
transponder exception for gliders. This action responds to 
recommendations from members of Congress and the National 
Transportation Safety Board. The purpose of this action is to gather 
information to determine whether the current glider exception--from 
transponder equipment and use requirements--provides the appropriate 
level of safety in the National Airspace System. The FAA will use the 
information gathered from this action to determine whether additional 
transponder equipment and use requirements are necessary for gliders 
operating in the excepted areas.

DATES: Send comments on or before August 17, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-2147 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Jon M. Stowe, Airspace Regulations Team, AJV-113, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-8783; email 
[email protected].
    For legal questions concerning this action, contact Anne Moore, 
Office of the Chief Counsel, AGC-220, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    See the ``Additional Information'' section for information on how 
to comment on this advance notice of proposed rulemaking (ANPRM) and 
how the FAA will handle comments received. The ``Additional 
Information'' section also contains related information about the 
docket, privacy,

[[Page 34347]]

and the handling of proprietary or confidential business information. 
In addition, there is information on obtaining copies of related 
rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 40103, which vests the Administrator with broad authority to 
prescribe regulations to assign the use of airspace necessary to ensure 
the safety of aircraft and the efficient use of airspace, and 49 U.S.C. 
44701(a)(5), which requires the Administrator to promulgate regulations 
and minimum standards for other practices, methods, and procedures 
necessary for safety in air commerce and national security.

List of Abbreviations and Acronyms Frequently Used in This Document

ADS-B--Automatic Dependent Surveillance--Broadcast
ANPRM--Advance Notice of Proposed Rulemaking
LASE--Light Aircraft Surveillance Equipment
LPSE--Low Powered Surveillance Equipment
MSL--Mean Sea Level
NAS--National Airspace System
NMAC--Near Midair Collision
NTSB--National Transportation Safety Board
TABS--Traffic Awareness Beacon System
TCAS--Traffic Alert and Collision Avoidance System
TSO--Technical Standard Order

I. Executive Summary

    The purpose of this advance notice of proposed rulemaking (ANPRM) 
is to solicit input from interested persons involving glider operations 
in the National Airspace System (NAS). The ultimate goal is to ensure 
safety of flight for gliders and other aircraft operating in the NAS. 
The National Transportation Safety Board (NTSB) and two members of 
Congress requested rulemaking because of a midair collision between a 
glider and a private jet. The FAA notes that it is currently 
encouraging the voluntary equipage of Traffic Awareness Beacon System 
(TABS) devices on aircraft excepted from carrying a transponder, such 
as gliders.\1\ The FAA is also considering the current and future 
implications of Automatic Dependent Surveillance-Broadcast (ADS-B) that 
may impact this potential rule change.
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    \1\ Technical Standard Order, TSO-C199: Traffic Awareness Beacon 
System (TABS), October 10, 2014.
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II. Background

    The FAA is initiating this ANPRM for comment from the public 
regarding the removal of the glider exception from the transponder 
equipment and use requirements established in 14 CFR 91.215.\2\
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    \2\ The rule states that, with a few exceptions, all aircraft 
must have an operating transponder with Mode C (altitude reporting 
information) in the following areas: Class A, Class B, and Class C 
airspace; below 10,000 feet Mean Sea Level (MSL) and within 30 
nautical miles (nm) of the 36 airports listed in Appendix D to part 
91 (Mode C Veil); and above 10,000 feet MSL, except that airspace 
that is below 2,500 feet Above Ground Level (AGL).
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    This section establishes the specific technical standards for the 
transponder equipment's functionality, and defines the airspace where 
transponder equipment is required to operate. Generally, these areas 
include specific classes of airspace surrounding many airports (e.g. 
Class B and Class C airspace), most airspace above 10,000 ft., and 
airspace within 30 nautical miles (NM) of some of the nation's busiest 
airports. There are certain types of aircraft, including gliders, that 
are excepted from the transponder requirement within a portion of these 
areas.\3\ The FAA is not seeking comment on this exception for aircraft 
other than gliders.
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    \3\ The exceptions to the rule allow aircraft that were 
originally certificated without an engine-driven electrical system, 
balloons, and gliders to be operated in the following areas without 
a transponder: Within the 30 nm of the 36 listed airports listed in 
Appendix D to part 91 (Mode C Veil) provided they remain outside the 
Class A, B, or C airspace and are below the ceiling of the airspace 
designated for the Class B or C airport, or 10,000 feet MSL, 
whichever is lower; Above 10,000 feet MSL; and in the airspace from 
the surface to 10,000 feet MSL within a 10-nautical-mile radius of 
any airport listed in appendix D, excluding the airspace below 1,200 
feet outside of the lateral boundaries of the surface area of the 
airspace designated for that airport.
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A. National Transportation Safety Board (NTSB) Recommendations

    On March 31, 2008, the NTSB provided safety recommendations \4\ to 
the FAA resulting from an investigation following an August 28, 2006, 
Reno midair collision between a Hawker 800XP airplane, N879QS, and a 
Schleicher ASW27-18 glider, N7729. The collision occurred in flight 
about 42 NM south-southeast of the Reno/Tahoe International Airport 
(RNO), at an altitude of about 16,000 feet (ft.) mean sea level (MSL)--
an area excepted from transponder equipment and use requirements for 
gliders. Although the glider was equipped with a transponder, the 
glider pilot had turned off the equipment to conserve power. The 
findings of this accident investigation address the limitations of the 
see-and-avoid concept in preventing midair collisions, and 
specifically, the benefits of transponders in gliders for collision 
avoidance.
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    \4\ A-08-10 through 13, Safety Recommendations. National 
Transportation Safety Board, Washington, DC 20594, March 31, 2008. A 
copy of this report has been placed in the docket. http://www.ntsb.gov/doclib/recletters/2008/a08_10_13.pdf.
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    The NTSB recommended that the FAA remove the glider exceptions 
pertaining to the transponder equipment and use requirements, finding 
that ``transponders are critical to alerting pilots and controllers to 
the presence of nearby traffic so that collisions can be avoided.'' The 
FAA agrees with the NTSB on the benefits of transponders in collision 
avoidance.

B. Congressional Actions

    On March 13, 2012, The Honorable Harry Reid, United States Senate, 
wrote to the FAA expressing concerns about the safety of both gliders 
and other aircraft utilizing the same airspace around RNO. Senator Reid 
requested the FAA ``invoke its emergency rulemaking procedure to remove 
the glider exemption'' from Sec.  91.215. Additionally, on April 27, 
2012, the Honorable Mark E. Amodei, United States House of 
Representatives, wrote to the FAA to voice similar concerns about the 
impact of gliders on the safety of air traffic operations into and out 
of RNO. Congressman Amodei also encouraged the FAA to expedite the 
process to remove the glider exception from Sec.  91.215.

C. FAA Response

    The FAA Administrator responded to both Members of Congress on May 
18, 2012, explaining that while the FAA had considered emergency 
rulemaking, the FAA decided an ANPRM was an opportunity to gather input 
from the glider community.\5\ In response to both the NTSB safety 
recommendations and the congressional requests, the FAA analyzed the 
reports in the Aviation Safety and Reporting Subsystem (ASRS) database. 
The NTSB safety recommendation cited 60 Near Mid-Air Collisions (NMAC) 
in the ASRS database involving air carrier/corporate jet traffic and 
gliders from 1998 to August 2007 for all airspace areas. The

[[Page 34348]]

FAA reviewed the ASRS database from 1988 to October 2014 and found 
approximately 45 reports of NMACs involving gliders in or near the 
excepted areas of Sec.  91.215.\6\
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    \5\ Copies of the congressional recommendations have been placed 
in the docket.
    \6\ This database does not specifically indicate if a glider is 
equipped with a transponder or other beacon system.
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    It is important to recognize the limitations of air-traffic radar 
services. In some instances, Air Traffic Control (ATC) may not be able 
to issue traffic advisories concerning aircraft that are not under ATC 
control and are not displayed on radar. Radio waves normally travel in 
a continuous straight line. However, they may be ``bent'' by abnormal 
atmospheric phenomena such as temperature inversions, and/or screened 
by high terrain features, reflected or attenuated by dense objects such 
as heavy clouds, precipitation, ground obstacles, or mountains, etc. 
Many glider operations take place near mountains to take advantage of 
ridge lift and mountain waves. As a result, areas near mountains where 
glider pilots often operate may have minimal to no radar coverage.
    Primary radar energy that strikes dense objects is reflected and 
displayed on the controller's scope. The amount of reflective surface 
of an aircraft determines the size of the radar return. Therefore, a 
small light aircraft, like a glider, is more difficult to see on 
primary radar than a large commercial jet or military bomber. 
Additionally, primary radar uses filters to eliminate the display 
clutter caused by reflections from stationary objects (e.g. buildings, 
mountains) and slow-moving vehicles (e.g. trucks, cars). Gliders, when 
not moving very fast across the ground, may be filtered out as ground 
clutter and not displayed to the controller.
    The use of transponders has been important in achieving a higher 
level of safety, particularly in areas where high and low speed traffic 
is intermixed under Instrument and Visual Flight Rules (IFR and VFR 
respectively). In issuing this ANPRM, the FAA understands that glider 
design and electrical power limitations present unique challenges for 
the installation and operation of transponders. The FAA requests 
comments on removing the transponder use exception for gliders in order 
to improve safety.

D. Traffic Awareness Beacon System (TABS)

    The FAA notes that it is currently encouraging the voluntary 
equipage of TABS devices on aircraft excepted from carrying a 
transponder or ADS-B equipment, such as gliders, balloons and aircraft 
without electrical systems.\7\ TABS is described in FAA Technical 
Standard Order (TSO)-C199 and allows aircraft equipped with collision 
avoidance and traffic advisory systems to track and display the TABS 
equipped aircraft.
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    \7\ During the development of the new TSO-C199, these systems 
were referred to as Low Powered Surveillance Equipment (LPSE), and 
Light Aircraft Surveillance Equipment (LASE). The current acceptable 
terminology for these systems is Traffic Awareness Beacon System 
(TABS).
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E. Automatic Dependent Surveillance--Broadcast (ADS-B) Requirements

    The FAA also acknowledges that the exception from certain ADS-B Out 
requirements in Sec.  91.225 is provided to gliders in the same manner 
as they are excepted from the transponder requirement. This ANPRM also 
seeks comment and information specifically on issues relating to the 
glider exception from the current transponder equipment and ADS-B 
requirements and use.

III. Discussion/Questions Concerning Proposal Under Consideration

    The FAA is aware that removing established equipment exceptions for 
glider operations could impose significant costs on the glider 
community. Therefore, the FAA is issuing this ANPRM, rather than a 
Notice of Proposed Rulemaking (NPRM), to seek comments from the public 
and industry to aid in the development of a proposed rule and the 
analysis of its economic impact.
    The FAA requests comments and recommendations on the following 
issues. The sequence in which the issues are presented does not reflect 
any specific FAA preference.
    Please refer to the specific question number when submitting 
comments.

A. TSO-C199, Traffic Awareness Beacon System (TABS)

    A TABS device is a low cost compact system that allows other 
aircraft equipped with collision avoidance systems and traffic advisory 
systems to track and display the TABS aircraft. TABS devices are 
intended for use on aircraft that are excepted from carrying a 
transponder or ADS-B equipment, such as gliders. TABS are not for use 
in receiving air-traffic control services. The intent of TABS is to 
enable equipped aircraft to be more visible to other aircraft operating 
with Traffic Advisory System (TAS), Traffic Alert and Collision 
Avoidance System I (TCAS I), Traffic Alert and Collision Avoidance 
System II (TCAS II), TCAS II hybrid surveillance, and aircraft equipped 
with ADS-B In capability. TABS devices are manufactured under a TSO 
authorization with less rigorous specifications than transponders 
meeting the requirements of Sec.  91.215. The FAA requests comments and 
recommendations on the following issues related to proposing the use of 
TABS devices:
    A1. Rather than requiring gliders to meet Sec. Sec.  91.215 and 
91.225, should the FAA require TABS equipment? Please explain your 
answer.
    A2. Do you have an alternative suggestion to increase safety?
    A3. Please provide cost estimates, with supporting details or 
documentation, including equipment, glider manufacturer, and model:
    A3.1. Provide estimate of total equipment cost(s). List all 
necessary components.
    A3.2. Provide estimate of installation cost(s).
    A.3.3. Provide estimate of maintenance costs (e.g. batteries, 
antenna).
    A4. Do you have, or plan to have, TABS installed on your glider? 
Please explain your answer.

B. Transponder Equipment and Use in Gliders

    Section 91.215 describes transponder equipment and use requirements 
for aircraft. Under Sec.  91.215, gliders may conduct operations 
without transponder equipment within 30 NM of an airport listed in 
appendix D, section 1 of part 91--provided such operations are 
conducted outside any Class A, Class B, or Class C airspace areas, and 
below the altitude of the ceiling of a Class B or Class C airspace area 
designated for an airport, or 10,000 feet mean sea level (MSL), 
whichever is lower. Gliders operating above 10,000 feet MSL are also 
excepted from the transponder requirement. The FAA requests comments 
and recommendations on the following issues relating to removing the 
exception for gliders provided in Sec.  91.215:
    B1. Should the FAA remove the glider exception from Sec.  91.215 
and require gliders to comply with the transponder equipment and use 
rules? Please explain your answer.
    B2. If the FAA removes the glider exception from Sec.  91.215, how 
would safety be affected?
    B3. Please provide cost estimates, with supporting details or 
documentation, including equipment, glider manufacturer, and model:
    B3.1. Provide estimate of total equipment cost(s). List all 
necessary components.
    B3.2. Provide estimate of installation cost(s).

[[Page 34349]]

    B.3.3. Provide estimate of maintenance costs (e.g. batteries, 
antenna).
    B4. If the FAA requires gliders to be equipped with transponders in 
excepted airspace, should they also be subject to the ADS-B equipment 
requirements under Sec.  91.225? Please provide supporting information.

C. ADS-B Out Equipment and Use in Gliders

    Section 91.225 describes ADS-B Out equipment and use requirement 
for aircraft operating after January 1, 2020. Under Sec.  91.225(e) 
certain gliders may conduct operations without ADS-B Out, within 30 NM 
of an airport listed in appendix D, section 1 of part 91 provided these 
operations are conducted outside any Class A, Class B, or Class C 
airspace area and below the altitude of the ceiling of a Class B or 
Class C airspace area designated for an airport, or 10,000 feet MSL, 
whichever is lower. Further exception from the ADS-B requirement is 
provided to gliders operating above 10,000 feet MSL. The FAA requests 
comments and recommendations on the following issues relating to 
removing the exception for gliders provided under Sec.  91.225(e):
    C1. Should the FAA require gliders to meet the ADS-B equipment and 
use rules? Please provide supporting information.
    C2. If the FAA removes the glider exception from Sec.  91.225, 
would the level of operational safety increase? Please provide 
supporting information.
    C3. Please provide cost estimates, with supporting details or 
documentation, including equipment, glider manufacturer, and model:
    C3.1. Provide estimate of total equipment cost(s). List all 
necessary components.
    C3.2. Provide estimate of installation cost(s).
    C.3.3. Provide estimate of maintenance costs (e.g. batteries, 
antenna).
    C4. If gliders are required to meet the ADS-B equipment and use 
rules, should they also be required to meet the transponder equipment 
requirements? Please provide supporting information.
    C5. Do you have or plan to have ADS-B In or ADS-B Out installed on 
your glider? Please explain your answer.

D. Additional Considerations

    D1. Can you suggest changes to current requirements or other 
equipment that would reduce the risk of collision for glider 
operations? If so, what specific requirements or procedures should be 
considered?
    D2. Have you had a collision or near collision while operating a 
glider? If so, please explain what happened.
    D3. Have you had a collision or near collision with a glider while 
operating an aircraft other than a glider? If so, please explain what 
happened.
    D4. Do you operate a glider within any of the following excepted 
areas? Please describe the type of airspace, location, frequency of 
operations, and any safety concerns during these operations.
     Within 30 nautical miles of an airport listed in appendix 
D, section 1 of part 91 provided such operations are conducted outside 
any Class A, B, or C airspace areas, and below the altitude of the 
ceiling of a Class B or Class C airspace area designated for an airport 
or 10,000 feet mean sea level (MSL), whichever is lower.
     Above 10,000 feet MSL
    D5. Do you receive air traffic services while flying a glider? 
Please explain the frequency and location of services, and any other 
information supporting your answer(s).

IV. Regulatory Notices and Analyses

A. Regulatory Flexibility Determination

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review rulemakings to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
The FAA invites comment to facilitate its assessment of the potential 
impact of a rule removing the glider exceptions pertaining to 
transponder equipment and use requirements.

B. Paperwork Reduction Act

    The FAA has not yet determined whether there will be an information 
collection associated with this rulemaking. This will be addressed at 
the time a NPRM, if any, is published.

C. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed corresponding ICAO Standards and Recommended Practices and 
will identify any differences with future proposed regulations. These 
differences will be addressed at the time a NPRM, if any, is published.

D. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this ANPRM would qualify for the categorical exclusion 
identified in paragraph 312f, and would involve no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this ANPRM under the principles and criteria 
of Executive Order 13132, Federalism. The agency has determined that 
this action would not have a substantial direct effect on the States, 
or the relationship between the Federal Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, and, therefore, would not have Federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution or Use

    The FAA analyzed this ANPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA will analyze any future action under the policies 
and agency responsibilities of Executive Order 13609, and determine if 
the action will have an effect on international regulatory cooperation. 
This will also be addressed at the time a NPRM, if any, is published.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or

[[Page 34350]]

views. The agency also invites comments relating to the economic, 
environmental, energy, or federalism impacts that might result from 
adopting the proposals in this document. The most helpful comments 
reference a specific portion of the proposal, explain the reason for 
any recommended change, and include supporting data. To ensure the 
docket does not contain duplicate comments, commenters should send only 
one copy of written comments, or if comments are filed electronically, 
commenters should submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this ANPRM. Before acting on this ANPRM, the FAA 
will consider all comments it receives on or before the closing date 
for comments. The FAA will consider comments filed after the comment 
period has closed if it is possible to do so without incurring expense 
or delay. The agency may change the direction of this rulemaking in 
light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD-ROM, mark the outside of the disk or CD-ROM, and identify 
electronically within the disk or CD-ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    Electronic copies of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Ave. SW., Washington, DC 20591, or by calling 202-267-9677. Commenters 
must identify the docket or notice number of this rulemaking.
    All documents the FAA considered in developing this ANPRM, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

    Issued under authority provided by 49 U.S.C. 106(f), 40103, and 
44701(a)(5)(a) in Washington, DC, on June 10, 2015.
Jodi S. McCarthy,
Director, Airspace Services.
[FR Doc. 2015-14818 Filed 6-15-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                      34346                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                         (3) The FAA approved the instrument                     (2) Credit for training in a flight simulator       ADDRESSES:   Send comments identified
                                                      training and instrument tasks performed                 that meets the requirements of § 141.41(a)             by docket number FAA–2015–2147
                                                      in the device.                                          cannot exceed 50 percent of the total flight           using any of the following methods:
                                                         (j) A person may not credit more than                training hour requirements of the course or              • Federal eRulemaking Portal: Go to
                                                                                                              of this section, whichever is less.
                                                      20 total hours of instrument time in a                     (3) Credit for training in a flight training
                                                                                                                                                                     http://www.regulations.gov and follow
                                                      flight simulator, flight training device,               device that meets the requirements of                  the online instructions for sending your
                                                      aviation training device, or combination                § 141.41(a), an aviation training device that          comments electronically.
                                                      toward the instrument time                              meets the requirements of § 141.41(b), or a              • Mail: Send comments to Docket
                                                      requirements of this section.                           combination of these devices cannot exceed             Operations, M–30; U.S. Department of
                                                                                                              40 percent of the total flight training hour           Transportation (DOT), 1200 New Jersey
                                                      PART 141—PILOT SCHOOLS                                  requirements of the course or of this section,         Avenue SE., Room W12–140, West
                                                                                                              whichever is less.                                     Building Ground Floor, Washington, DC
                                                      ■ 3. The authority citation for part 141                   (4) Credit for training in flight simulators,
                                                      continues to read as follows:                                                                                  20590–0001.
                                                                                                              flight training devices, and aviation training
                                                                                                              devices if used in combination, cannot
                                                                                                                                                                       • Hand Delivery or Courier: Take
                                                        Authority: 49 U.S.C. 106(f), 106(g), 40113,                                                                  comments to Docket Operations in
                                                      44701–44703, 44707, 44709, 44711, 45102–                exceed 50 percent of the total flight training
                                                                                                              hour requirements of the course or of this             Room W12–140 of the West Building
                                                      45103, 45301–45302.
                                                                                                              section, whichever is less. However, credit            Ground Floor at 1200 New Jersey
                                                      ■   4. Revise § 141.41 to read as follows:              for training in a flight training device or            Avenue SE., Washington, DC, between 9
                                                                                                              aviation training device cannot exceed the             a.m. and 5 p.m., Monday through
                                                      § 141.41 Flight simulators, flight training             limitation provided for in paragraph (b)(3) of
                                                      devices, aviation training devices, and
                                                                                                                                                                     Friday, except Federal holidays.
                                                      training aids.
                                                                                                              this section.                                            • Fax: Fax comments to Docket
                                                                                                              *      *      *       *      *                         Operations at 202–493–2251.
                                                         An applicant for a pilot school
                                                                                                                Issued in Washington, DC, under the                    Privacy: In accordance with 5 U.S.C.
                                                      certificate or a provisional pilot school
                                                                                                              authority of 49 U.S.C. 106(f), 44701(a)(5), and        553(c), DOT solicits comments from the
                                                      certificate must show that its flight
                                                                                                              44703(a), on June 10, 2015.                            public to better inform its rulemaking
                                                      simulators, flight training devices,
                                                                                                              Michael J. Zenkovich,                                  process. DOT posts these comments,
                                                      aviation training devices, training aids,
                                                                                                              Acting Director Flight Standards Service.              without edit, including any personal
                                                      and equipment meet the following
                                                                                                              [FR Doc. 2015–14836 Filed 6–15–15; 8:45 am]
                                                                                                                                                                     information the commenter provides, to
                                                      requirements:
                                                                                                                                                                     www.regulations.gov, as described in
                                                         (a) Flight simulators and flight                     BILLING CODE 4910–13–P
                                                                                                                                                                     the system of records notice (DOT/ALL–
                                                      training devices. Each flight simulator
                                                                                                                                                                     14 FDMS), which can be reviewed at
                                                      and flight training device used to obtain
                                                                                                              DEPARTMENT OF TRANSPORTATION                           www.dot.gov/privacy.
                                                      flight training credit in an approved
                                                                                                                                                                       Docket: Background documents or
                                                      pilot training course curriculum must
                                                                                                              Federal Aviation Administration                        comments received may be read at
                                                      be:
                                                                                                                                                                     http://www.regulations.gov at any time.
                                                         (1) Qualified under part 60 of this
                                                                                                              14 CFR Part 91                                         Follow the online instructions for
                                                      chapter; and
                                                                                                                                                                     accessing the docket or go to the Docket
                                                         (2) Approved by the Administrator for
                                                                                                              [Docket No.: FAA–2015–2147; Notice No.                 Operations in Room W12–140 of the
                                                      the tasks and maneuvers.                                15–05]                                                 West Building Ground Floor at 1200
                                                         (b) Aviation training devices. Each
                                                                                                                                                                     New Jersey Avenue SE., Washington,
                                                      aviation training device used to obtain                 RIN 2120–AK51                                          DC, between 9 a.m. and 5 p.m., Monday
                                                      flight training credit in an approved
                                                                                                                                                                     through Friday, except Federal holidays.
                                                      pilot training course curriculum must be                Transponder Requirement for Gliders
                                                      evaluated, qualified, and approved by                                                                          FOR FURTHER INFORMATION CONTACT: For
                                                      the Administrator.                                      AGENCY: Federal Aviation                               technical questions concerning this
                                                         (c) Training aids and equipment. Each                Administration (FAA), DOT.                             action, contact Jon M. Stowe, Airspace
                                                      training aid, including any audiovisual                 ACTION: Advance Notice of Proposed                     Regulations Team, AJV–113, Federal
                                                      aid, projector, mockup, chart, or aircraft              Rulemaking (ANPRM).                                    Aviation Administration, 800
                                                      component listed in the approved                                                                               Independence Avenue SW.,
                                                      training course outline, must be                        SUMMARY:   The FAA requests public                     Washington, DC 20591; telephone (202)
                                                      accurate and relevant to the course for                 comment on removal of the current                      267–8783; email jon.m.stowe@faa.gov.
                                                      which it is used.                                       transponder exception for gliders. This                  For legal questions concerning this
                                                      ■ 5. Amend Appendix C to part 141 by
                                                                                                              action responds to recommendations                     action, contact Anne Moore, Office of
                                                      revising paragraph (b) in section 4 to                  from members of Congress and the                       the Chief Counsel, AGC–220, Federal
                                                      read as follows:                                        National Transportation Safety Board.                  Aviation Administration, 800
                                                                                                              The purpose of this action is to gather                Independence Avenue SW.,
                                                      Appendix C to Part 141—Instrument                       information to determine whether the                   Washington, DC 20591; telephone (202)
                                                      Rating Course                                           current glider exception—from                          267–3073; email Anne.Moore@faa.gov.
                                                      *      *     *       *      *                           transponder equipment and use                          SUPPLEMENTARY INFORMATION:
                                                         4. Flight training. * * *                            requirements—provides the appropriate
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                                                         (b) For the use of flight simulators, flight         level of safety in the National Airspace               Comments Invited
                                                      training devices, or aviation training                  System. The FAA will use the                             See the ‘‘Additional Information’’
                                                      devices—                                                information gathered from this action to               section for information on how to
                                                         (1) The course may include training in a             determine whether additional                           comment on this advance notice of
                                                      flight simulator, flight training device, or            transponder equipment and use
                                                      aviation training device, provided it is
                                                                                                                                                                     proposed rulemaking (ANPRM) and
                                                                                                              requirements are necessary for gliders                 how the FAA will handle comments
                                                      representative of the aircraft for which the
                                                      course is approved, meets the requirements
                                                                                                              operating in the excepted areas.                       received. The ‘‘Additional Information’’
                                                      of this paragraph, and the training is given            DATES: Send comments on or before                      section also contains related
                                                      by an authorized instructor.                            August 17, 2015.                                       information about the docket, privacy,


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                                                                               Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules                                                  34347

                                                      and the handling of proprietary or                      gliders.1 The FAA is also considering                   The collision occurred in flight about 42
                                                      confidential business information. In                   the current and future implications of                  NM south-southeast of the Reno/Tahoe
                                                      addition, there is information on                       Automatic Dependent Surveillance-                       International Airport (RNO), at an
                                                      obtaining copies of related rulemaking                  Broadcast (ADS–B) that may impact this                  altitude of about 16,000 feet (ft.) mean
                                                      documents.                                              potential rule change.                                  sea level (MSL)—an area excepted from
                                                                                                                                                                      transponder equipment and use
                                                      Authority for This Rulemaking                           II. Background
                                                                                                                                                                      requirements for gliders. Although the
                                                        The FAA’s authority to issue rules on                    The FAA is initiating this ANPRM for                 glider was equipped with a transponder,
                                                      aviation safety is found in Title 49 of the             comment from the public regarding the                   the glider pilot had turned off the
                                                      United States Code. Subtitle I, Section                 removal of the glider exception from the                equipment to conserve power. The
                                                      106 describes the authority of the FAA                  transponder equipment and use                           findings of this accident investigation
                                                      Administrator. Subtitle VII, Aviation                   requirements established in 14 CFR                      address the limitations of the see-and-
                                                      Programs, describes in more detail the                  91.215.2                                                avoid concept in preventing midair
                                                      scope of the agency’s authority.                           This section establishes the specific                collisions, and specifically, the benefits
                                                                                                              technical standards for the transponder                 of transponders in gliders for collision
                                                        This rulemaking is promulgated
                                                                                                              equipment’s functionality, and defines                  avoidance.
                                                      under the authority described in 49
                                                                                                              the airspace where transponder                             The NTSB recommended that the
                                                      U.S.C. 40103, which vests the
                                                                                                              equipment is required to operate.                       FAA remove the glider exceptions
                                                      Administrator with broad authority to
                                                                                                              Generally, these areas include specific                 pertaining to the transponder equipment
                                                      prescribe regulations to assign the use of
                                                                                                              classes of airspace surrounding many                    and use requirements, finding that
                                                      airspace necessary to ensure the safety
                                                                                                              airports (e.g. Class B and Class C                      ‘‘transponders are critical to alerting
                                                      of aircraft and the efficient use of
                                                                                                              airspace), most airspace above 10,000                   pilots and controllers to the presence of
                                                      airspace, and 49 U.S.C. 44701(a)(5),
                                                                                                              ft., and airspace within 30 nautical                    nearby traffic so that collisions can be
                                                      which requires the Administrator to
                                                                                                              miles (NM) of some of the nation’s                      avoided.’’ The FAA agrees with the
                                                      promulgate regulations and minimum
                                                                                                              busiest airports. There are certain types               NTSB on the benefits of transponders in
                                                      standards for other practices, methods,
                                                                                                              of aircraft, including gliders, that are                collision avoidance.
                                                      and procedures necessary for safety in
                                                                                                              excepted from the transponder
                                                      air commerce and national security.                                                                             B. Congressional Actions
                                                                                                              requirement within a portion of these
                                                      List of Abbreviations and Acronyms                      areas.3 The FAA is not seeking comment                    On March 13, 2012, The Honorable
                                                      Frequently Used in This Document                        on this exception for aircraft other than               Harry Reid, United States Senate, wrote
                                                                                                              gliders.                                                to the FAA expressing concerns about
                                                      ADS–B—Automatic Dependent
                                                                                                              A. National Transportation Safety                       the safety of both gliders and other
                                                        Surveillance—Broadcast
                                                                                                              Board (NTSB) Recommendations                            aircraft utilizing the same airspace
                                                      ANPRM—Advance Notice of Proposed                                                                                around RNO. Senator Reid requested the
                                                        Rulemaking                                              On March 31, 2008, the NTSB                           FAA ‘‘invoke its emergency rulemaking
                                                      LASE—Light Aircraft Surveillance                        provided safety recommendations 4 to                    procedure to remove the glider
                                                        Equipment                                             the FAA resulting from an investigation                 exemption’’ from § 91.215. Additionally,
                                                      LPSE—Low Powered Surveillance                           following an August 28, 2006, Reno                      on April 27, 2012, the Honorable Mark
                                                        Equipment                                             midair collision between a Hawker                       E. Amodei, United States House of
                                                      MSL—Mean Sea Level                                      800XP airplane, N879QS, and a                           Representatives, wrote to the FAA to
                                                      NAS—National Airspace System                            Schleicher ASW27–18 glider, N7729.                      voice similar concerns about the impact
                                                      NMAC—Near Midair Collision                                                                                      of gliders on the safety of air traffic
                                                                                                                 1 Technical Standard Order, TSO–C199: Traffic
                                                      NTSB—National Transportation Safety                     Awareness Beacon System (TABS), October 10,
                                                                                                                                                                      operations into and out of RNO.
                                                        Board                                                 2014.                                                   Congressman Amodei also encouraged
                                                      TABS—Traffic Awareness Beacon                              2 The rule states that, with a few exceptions, all   the FAA to expedite the process to
                                                        System                                                aircraft must have an operating transponder with        remove the glider exception from
                                                                                                              Mode C (altitude reporting information) in the          § 91.215.
                                                      TCAS—Traffic Alert and Collision                        following areas: Class A, Class B, and Class C
                                                        Avoidance System                                      airspace; below 10,000 feet Mean Sea Level (MSL)        C. FAA Response
                                                      TSO—Technical Standard Order                            and within 30 nautical miles (nm) of the 36 airports
                                                                                                              listed in Appendix D to part 91 (Mode C Veil); and         The FAA Administrator responded to
                                                      I. Executive Summary                                    above 10,000 feet MSL, except that airspace that is     both Members of Congress on May 18,
                                                                                                              below 2,500 feet Above Ground Level (AGL).              2012, explaining that while the FAA
                                                         The purpose of this advance notice of                   3 The exceptions to the rule allow aircraft that
                                                                                                                                                                      had considered emergency rulemaking,
                                                      proposed rulemaking (ANPRM) is to                       were originally certificated without an engine-
                                                                                                                                                                      the FAA decided an ANPRM was an
                                                      solicit input from interested persons                   driven electrical system, balloons, and gliders to be
                                                                                                              operated in the following areas without a               opportunity to gather input from the
                                                      involving glider operations in the                      transponder: Within the 30 nm of the 36 listed          glider community.5 In response to both
                                                      National Airspace System (NAS). The                     airports listed in Appendix D to part 91 (Mode C
                                                                                                                                                                      the NTSB safety recommendations and
                                                      ultimate goal is to ensure safety of flight             Veil) provided they remain outside the Class A, B,
                                                                                                              or C airspace and are below the ceiling of the          the congressional requests, the FAA
                                                      for gliders and other aircraft operating
                                                                                                              airspace designated for the Class B or C airport, or    analyzed the reports in the Aviation
                                                      in the NAS. The National
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                                                                                                              10,000 feet MSL, whichever is lower; Above 10,000       Safety and Reporting Subsystem (ASRS)
                                                      Transportation Safety Board (NTSB) and                  feet MSL; and in the airspace from the surface to
                                                                                                                                                                      database. The NTSB safety
                                                      two members of Congress requested                       10,000 feet MSL within a 10-nautical-mile radius of
                                                                                                              any airport listed in appendix D, excluding the         recommendation cited 60 Near Mid-Air
                                                      rulemaking because of a midair collision
                                                                                                              airspace below 1,200 feet outside of the lateral        Collisions (NMAC) in the ASRS
                                                      between a glider and a private jet. The                 boundaries of the surface area of the airspace          database involving air carrier/corporate
                                                      FAA notes that it is currently                          designated for that airport.
                                                                                                                                                                      jet traffic and gliders from 1998 to
                                                      encouraging the voluntary equipage of                      4 A–08–10 through 13, Safety Recommendations.

                                                                                                              National Transportation Safety Board, Washington,       August 2007 for all airspace areas. The
                                                      Traffic Awareness Beacon System
                                                                                                              DC 20594, March 31, 2008. A copy of this report
                                                      (TABS) devices on aircraft excepted                     has been placed in the docket. http://www.ntsb.gov/       5 Copies of the congressional recommendations
                                                      from carrying a transponder, such as                    doclib/recletters/2008/a08_10_13.pdf.                   have been placed in the docket.



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                                                      34348                     Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                      FAA reviewed the ASRS database from                      and aircraft without electrical systems.7              manufactured under a TSO
                                                      1988 to October 2014 and found                           TABS is described in FAA Technical                     authorization with less rigorous
                                                      approximately 45 reports of NMACs                        Standard Order (TSO)–C199 and allows                   specifications than transponders
                                                      involving gliders in or near the excepted                aircraft equipped with collision                       meeting the requirements of § 91.215.
                                                      areas of § 91.215.6                                      avoidance and traffic advisory systems                 The FAA requests comments and
                                                         It is important to recognize the                      to track and display the TABS equipped                 recommendations on the following
                                                      limitations of air-traffic radar services.               aircraft.                                              issues related to proposing the use of
                                                      In some instances, Air Traffic Control                                                                          TABS devices:
                                                                                                               E. Automatic Dependent Surveillance—
                                                      (ATC) may not be able to issue traffic                                                                             A1. Rather than requiring gliders to
                                                                                                               Broadcast (ADS–B) Requirements
                                                      advisories concerning aircraft that are                                                                         meet §§ 91.215 and 91.225, should the
                                                      not under ATC control and are not                           The FAA also acknowledges that the                  FAA require TABS equipment? Please
                                                      displayed on radar. Radio waves                          exception from certain ADS–B Out                       explain your answer.
                                                      normally travel in a continuous straight                 requirements in § 91.225 is provided to                   A2. Do you have an alternative
                                                      line. However, they may be ‘‘bent’’ by                   gliders in the same manner as they are                 suggestion to increase safety?
                                                      abnormal atmospheric phenomena such                      excepted from the transponder                             A3. Please provide cost estimates,
                                                      as temperature inversions, and/or                        requirement. This ANPRM also seeks                     with supporting details or
                                                      screened by high terrain features,                       comment and information specifically                   documentation, including equipment,
                                                      reflected or attenuated by dense objects                 on issues relating to the glider exception             glider manufacturer, and model:
                                                      such as heavy clouds, precipitation,                     from the current transponder equipment                    A3.1. Provide estimate of total
                                                      ground obstacles, or mountains, etc.                     and ADS–B requirements and use.                        equipment cost(s). List all necessary
                                                      Many glider operations take place near                                                                          components.
                                                                                                               III. Discussion/Questions Concerning                      A3.2. Provide estimate of installation
                                                      mountains to take advantage of ridge lift                Proposal Under Consideration
                                                      and mountain waves. As a result, areas                                                                          cost(s).
                                                      near mountains where glider pilots                          The FAA is aware that removing                         A.3.3. Provide estimate of
                                                      often operate may have minimal to no                     established equipment exceptions for                   maintenance costs (e.g. batteries,
                                                      radar coverage.                                          glider operations could impose                         antenna).
                                                         Primary radar energy that strikes                     significant costs on the glider                           A4. Do you have, or plan to have,
                                                      dense objects is reflected and displayed                 community. Therefore, the FAA is                       TABS installed on your glider? Please
                                                      on the controller’s scope. The amount of                 issuing this ANPRM, rather than a                      explain your answer.
                                                      reflective surface of an aircraft                        Notice of Proposed Rulemaking
                                                                                                                                                                      B. Transponder Equipment and Use in
                                                      determines the size of the radar return.                 (NPRM), to seek comments from the
                                                                                                                                                                      Gliders
                                                      Therefore, a small light aircraft, like a                public and industry to aid in the
                                                      glider, is more difficult to see on                      development of a proposed rule and the                    Section 91.215 describes transponder
                                                      primary radar than a large commercial                    analysis of its economic impact.                       equipment and use requirements for
                                                      jet or military bomber. Additionally,                       The FAA requests comments and                       aircraft. Under § 91.215, gliders may
                                                      primary radar uses filters to eliminate                  recommendations on the following                       conduct operations without transponder
                                                      the display clutter caused by reflections                issues. The sequence in which the                      equipment within 30 NM of an airport
                                                      from stationary objects (e.g. buildings,                 issues are presented does not reflect any              listed in appendix D, section 1 of part
                                                      mountains) and slow-moving vehicles                      specific FAA preference.                               91—provided such operations are
                                                      (e.g. trucks, cars). Gliders, when not                      Please refer to the specific question               conducted outside any Class A, Class B,
                                                      moving very fast across the ground, may                  number when submitting comments.                       or Class C airspace areas, and below the
                                                      be filtered out as ground clutter and not                                                                       altitude of the ceiling of a Class B or
                                                                                                               A. TSO–C199, Traffic Awareness
                                                      displayed to the controller.                                                                                    Class C airspace area designated for an
                                                                                                               Beacon System (TABS)
                                                         The use of transponders has been                                                                             airport, or 10,000 feet mean sea level
                                                                                                                  A TABS device is a low cost compact                 (MSL), whichever is lower. Gliders
                                                      important in achieving a higher level of                 system that allows other aircraft
                                                      safety, particularly in areas where high                                                                        operating above 10,000 feet MSL are
                                                                                                               equipped with collision avoidance                      also excepted from the transponder
                                                      and low speed traffic is intermixed                      systems and traffic advisory systems to
                                                      under Instrument and Visual Flight                                                                              requirement. The FAA requests
                                                                                                               track and display the TABS aircraft.                   comments and recommendations on the
                                                      Rules (IFR and VFR respectively). In                     TABS devices are intended for use on
                                                      issuing this ANPRM, the FAA                                                                                     following issues relating to removing
                                                                                                               aircraft that are excepted from carrying               the exception for gliders provided in
                                                      understands that glider design and                       a transponder or ADS–B equipment,
                                                      electrical power limitations present                                                                            § 91.215:
                                                                                                               such as gliders. TABS are not for use in                  B1. Should the FAA remove the glider
                                                      unique challenges for the installation                   receiving air-traffic control services. The
                                                      and operation of transponders. The FAA                                                                          exception from § 91.215 and require
                                                                                                               intent of TABS is to enable equipped                   gliders to comply with the transponder
                                                      requests comments on removing the                        aircraft to be more visible to other
                                                      transponder use exception for gliders in                                                                        equipment and use rules? Please explain
                                                                                                               aircraft operating with Traffic Advisory               your answer.
                                                      order to improve safety.                                 System (TAS), Traffic Alert and                           B2. If the FAA removes the glider
                                                      D. Traffic Awareness Beacon System                       Collision Avoidance System I (TCAS I),                 exception from § 91.215, how would
                                                      (TABS)                                                   Traffic Alert and Collision Avoidance                  safety be affected?
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                                                        The FAA notes that it is currently                     System II (TCAS II), TCAS II hybrid                       B3. Please provide cost estimates,
                                                      encouraging the voluntary equipage of                    surveillance, and aircraft equipped with               with supporting details or
                                                      TABS devices on aircraft excepted from                   ADS–B In capability. TABS devices are                  documentation, including equipment,
                                                      carrying a transponder or ADS–B                                                                                 glider manufacturer, and model:
                                                      equipment, such as gliders, balloons
                                                                                                                 7 During the development of the new TSO–C199,
                                                                                                                                                                         B3.1. Provide estimate of total
                                                                                                               these systems were referred to as Low Powered          equipment cost(s). List all necessary
                                                                                                               Surveillance Equipment (LPSE), and Light Aircraft
                                                         6 This database does not specifically indicate if a   Surveillance Equipment (LASE). The current             components.
                                                      glider is equipped with a transponder or other           acceptable terminology for these systems is Traffic       B3.2. Provide estimate of installation
                                                      beacon system.                                           Awareness Beacon System (TABS).                        cost(s).


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                                                                               Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules                                            34349

                                                        B.3.3. Provide estimate of                               D2. Have you had a collision or near                D. Environmental Analysis
                                                      maintenance costs (e.g. batteries,                      collision while operating a glider? If so,                FAA Order 1050.1E identifies FAA
                                                      antenna).                                               please explain what happened.                          actions that are categorically excluded
                                                        B4. If the FAA requires gliders to be                    D3. Have you had a collision or near                from preparation of an environmental
                                                      equipped with transponders in excepted                  collision with a glider while operating                assessment or environmental impact
                                                      airspace, should they also be subject to                an aircraft other than a glider? If so,                statement under the National
                                                      the ADS–B equipment requirements                        please explain what happened.                          Environmental Policy Act in the
                                                      under § 91.225? Please provide                                                                                 absence of extraordinary circumstances.
                                                      supporting information.                                    D4. Do you operate a glider within
                                                                                                              any of the following excepted areas?                   The FAA has determined this ANPRM
                                                      C. ADS–B Out Equipment and Use in                       Please describe the type of airspace,                  would qualify for the categorical
                                                      Gliders                                                 location, frequency of operations, and                 exclusion identified in paragraph 312f,
                                                                                                              any safety concerns during these                       and would involve no extraordinary
                                                         Section 91.225 describes ADS–B Out                                                                          circumstances.
                                                      equipment and use requirement for                       operations.
                                                      aircraft operating after January 1, 2020.                  • Within 30 nautical miles of an                    V. Executive Order Determinations
                                                      Under § 91.225(e) certain gliders may                   airport listed in appendix D, section 1                A. Executive Order 13132, Federalism
                                                      conduct operations without ADS–B Out,                   of part 91 provided such operations are
                                                      within 30 NM of an airport listed in                    conducted outside any Class A, B, or C                    The FAA has analyzed this ANPRM
                                                      appendix D, section 1 of part 91                        airspace areas, and below the altitude of              under the principles and criteria of
                                                      provided these operations are                           the ceiling of a Class B or Class C                    Executive Order 13132, Federalism. The
                                                      conducted outside any Class A, Class B,                 airspace area designated for an airport                agency has determined that this action
                                                      or Class C airspace area and below the                  or 10,000 feet mean sea level (MSL),                   would not have a substantial direct
                                                      altitude of the ceiling of a Class B or                 whichever is lower.                                    effect on the States, or the relationship
                                                                                                                                                                     between the Federal Government and
                                                      Class C airspace area designated for an                    • Above 10,000 feet MSL                             the States, or on the distribution of
                                                      airport, or 10,000 feet MSL, whichever
                                                                                                                 D5. Do you receive air traffic services             power and responsibilities among the
                                                      is lower. Further exception from the
                                                                                                              while flying a glider? Please explain the              various levels of government, and,
                                                      ADS–B requirement is provided to
                                                                                                              frequency and location of services, and                therefore, would not have Federalism
                                                      gliders operating above 10,000 feet MSL.
                                                                                                              any other information supporting your                  implications.
                                                      The FAA requests comments and
                                                                                                              answer(s).
                                                      recommendations on the following                                                                               B. Executive Order 13211, Regulations
                                                      issues relating to removing the                         IV. Regulatory Notices and Analyses                    That Significantly Affect Energy Supply,
                                                      exception for gliders provided under                                                                           Distribution or Use
                                                                                                              A. Regulatory Flexibility Determination
                                                      § 91.225(e):                                                                                                      The FAA analyzed this ANPRM under
                                                         C1. Should the FAA require gliders to                  The Regulatory Flexibility Act (5                    Executive Order 13211, Actions
                                                      meet the ADS–B equipment and use                        U.S.C. 601 et seq.) requires an agency to              Concerning Regulations that
                                                      rules? Please provide supporting                        review rulemakings to assess their                     Significantly Affect Energy Supply,
                                                      information.                                            impact on small entities unless the                    Distribution, or Use (May 18, 2001). The
                                                         C2. If the FAA removes the glider                    agency determines that a rule is not                   agency has determined that it would not
                                                      exception from § 91.225, would the                      expected to have a significant economic                be a ‘‘significant energy action’’ under
                                                      level of operational safety increase?                   impact on a substantial number of small                the executive order and would not be
                                                      Please provide supporting information.                  entities. The FAA invites comment to                   likely to have a significant adverse effect
                                                         C3. Please provide cost estimates,                   facilitate its assessment of the potential             on the supply, distribution, or use of
                                                      with supporting details or                              impact of a rule removing the glider                   energy.
                                                      documentation, including equipment,                     exceptions pertaining to transponder
                                                      glider manufacturer, and model:                         equipment and use requirements.                        C. Executive Order 13609
                                                         C3.1. Provide estimate of total                                                                               Executive Order 13609, Promoting
                                                      equipment cost(s). List all necessary                   B. Paperwork Reduction Act
                                                                                                                                                                     International Regulatory Cooperation,
                                                      components.                                                                                                    (77 FR 26413, May 4, 2012) promotes
                                                                                                                The FAA has not yet determined
                                                         C3.2. Provide estimate of installation                                                                      international regulatory cooperation to
                                                                                                              whether there will be an information
                                                      cost(s).                                                                                                       meet shared challenges involving
                                                         C.3.3. Provide estimate of                           collection associated with this
                                                                                                              rulemaking. This will be addressed at                  health, safety, labor, security,
                                                      maintenance costs (e.g. batteries,
                                                                                                              the time a NPRM, if any, is published.                 environmental, and other issues and to
                                                      antenna).
                                                                                                                                                                     reduce, eliminate, or prevent
                                                         C4. If gliders are required to meet the              C. International Compatibility and                     unnecessary differences in regulatory
                                                      ADS–B equipment and use rules, should                   Cooperation                                            requirements. The FAA will analyze any
                                                      they also be required to meet the
                                                                                                                In keeping with U.S. obligations                     future action under the policies and
                                                      transponder equipment requirements?
                                                                                                              under the Convention on International                  agency responsibilities of Executive
                                                      Please provide supporting information.
                                                         C5. Do you have or plan to have ADS–                 Civil Aviation, it is FAA policy to                    Order 13609, and determine if the
                                                      B In or ADS–B Out installed on your                     conform to International Civil Aviation                action will have an effect on
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      glider? Please explain your answer.                     Organization (ICAO) Standards and                      international regulatory cooperation.
                                                                                                              Recommended Practices to the                           This will also be addressed at the time
                                                      D. Additional Considerations                            maximum extent practicable. The FAA                    a NPRM, if any, is published.
                                                        D1. Can you suggest changes to                        has reviewed corresponding ICAO                        VI. Additional Information
                                                      current requirements or other                           Standards and Recommended Practices
                                                      equipment that would reduce the risk of                 and will identify any differences with                 A. Comments Invited
                                                      collision for glider operations? If so,                 future proposed regulations. These                       The FAA invites interested persons to
                                                      what specific requirements or                           differences will be addressed at the time              participate in this rulemaking by
                                                      procedures should be considered?                        a NPRM, if any, is published.                          submitting written comments, data, or


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                                                      34350                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                      views. The agency also invites                            3. Accessing the Government Printing                 Act proposed information collection
                                                      comments relating to the economic,                      Office’s Web page at http://                           requirements must be submitted by the
                                                      environmental, energy, or federalism                    www.gpo.gov/fdsys/.                                    public, Office of Management and
                                                      impacts that might result from adopting                   Copies may also be obtained by                       Budget (OMB), and other interested
                                                      the proposals in this document. The                     sending a request to the Federal                       parties on or before August 17, 2015.
                                                      most helpful comments reference a                       Aviation Administration, Office of                     ADDRESSES: You may submit comments,
                                                      specific portion of the proposal, explain               Rulemaking, ARM–1, 800 Independence                    identified by PS Docket No. 15–80, by
                                                      the reason for any recommended                          Ave. SW., Washington, DC 20591, or by                  any of the following methods:
                                                      change, and include supporting data. To                 calling 202–267–9677. Commenters                          • Federal Communications
                                                      ensure the docket does not contain                      must identify the docket or notice                     Commission’s Web site: http://
                                                      duplicate comments, commenters                          number of this rulemaking.                             fjallfoss.fcc.gov/ecfs2/. Follow the
                                                      should send only one copy of written                      All documents the FAA considered in                  instructions for submitting comments.
                                                      comments, or if comments are filed                      developing this ANPRM, including                          • People with Disabilities: Contact the
                                                      electronically, commenters should                       economic analyses and technical                        FCC to request reasonable
                                                      submit only one time.                                   reports, may be accessed from the                      accommodations (accessible format
                                                         The FAA will file in the docket all                  Internet through the Federal                           documents, sign language interpreters,
                                                      comments it receives, as well as a report               eRulemaking Portal referenced in item                  CART, etc.) by email: FCC504@fcc.gov
                                                      summarizing each substantive public                     (1) above.                                             or phone: 202–418–0530 or TTY: 202–
                                                      contact with FAA personnel concerning                     Issued under authority provided by 49                418–0432.
                                                      this ANPRM. Before acting on this                       U.S.C. 106(f), 40103, and 44701(a)(5)(a) in               For detailed instructions for
                                                      ANPRM, the FAA will consider all                        Washington, DC, on June 10, 2015.                      submitting comments and additional
                                                      comments it receives on or before the                   Jodi S. McCarthy,                                      information on the rulemaking process,
                                                      closing date for comments. The FAA                      Director, Airspace Services.                           see the SUPPLEMENTARY INFORMATION
                                                      will consider comments filed after the                  [FR Doc. 2015–14818 Filed 6–15–15; 8:45 am]
                                                                                                                                                                     section of this document. In addition to
                                                      comment period has closed if it is                                                                             filing comments with the Secretary, a
                                                                                                              BILLING CODE 4910–13–P
                                                      possible to do so without incurring                                                                            copy of any comments on the
                                                      expense or delay. The agency may                                                                               Paperwork Reduction Act information
                                                      change the direction of this rulemaking                                                                        collection requirements contained
                                                                                                              FEDERAL COMMUNICATIONS                                 herein should be submitted to the
                                                      in light of the comments it receives.
                                                                                                              COMMISSION                                             Federal Communications Commission
                                                         Proprietary or Confidential Business
                                                      Information: Do not file proprietary or                 47 CFR Part 4                                          via email to PRA@fcc.gov and to
                                                      confidential business information in the                                                                       Nicholas A. Fraser, Office of
                                                      docket. Such information must be sent                   [PS Docket No. 15–80; FCC 15–39]                       Management and Budget, via email to
                                                      or delivered directly to the person                                                                            Nicholas_A._Fraser@omb.eop.gov or via
                                                                                                              Amendments to the Commission’s                         fax at 202–395–5167.
                                                      identified in the FOR FURTHER
                                                                                                              Rules Concerning Disruptions to
                                                      INFORMATION CONTACT section of this                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                              Communications
                                                      document, and marked as proprietary or                                                                         Brenda D. Villanueva, Attorney Advisor,
                                                      confidential. If submitting information                 AGENCY:  Federal Communications                        Public Safety and Homeland Security
                                                      on a disk or CD–ROM, mark the outside                   Commission.                                            Bureau, (202) 418–7005 or
                                                      of the disk or CD–ROM, and identify                     ACTION: Proposed rule.                                 brenda.villanueva@fcc.gov. For
                                                      electronically within the disk or CD–                                                                          additional information concerning the
                                                      ROM the specific information that is                    SUMMARY:    In this document, the                      Paperwork Reduction Act information
                                                      proprietary or confidential.                            Commission seeks comment on                            collection requirements contained in
                                                         Under 14 CFR 11.35(b), if the FAA is                 proposals to improve its rules governing               this document, send an email to PRA@
                                                      aware of proprietary information filed                  the reporting of disruptions to                        fcc.gov or contact Nicole On’gele, (202)
                                                      with a comment, the agency does not                     communications. The proposals                          418–2991.
                                                      place it in the docket. It is held in a                 contained in this document seek to                     SUPPLEMENTARY INFORMATION: This is a
                                                      separate file to which the public does                  build on the Commission’s decade of                    summary of the Commission’s Notice of
                                                      not have access, and the FAA places a                   experience administering these rules                   Proposed Rulemaking in PS Docket No.
                                                      note in the docket that it has received                 and the associated Network Outage                      15–80, released on March 30, 2015. The
                                                      it. If the FAA receives a request to                    Reporting System (NORS). This                          complete text of this document is
                                                      examine or copy this information, it                    experience has provided perspective on                 available for public inspection and
                                                      treats it as any other request under the                aspects of the rules that could be refined             copying from 8 a.m. to 4:30 p.m. ET
                                                      Freedom of Information Act (5 U.S.C.                    so as to improve the quality and utility               Monday through Thursday or from 8
                                                      552). The FAA processes such a request                  of the outage reporting data the                       a.m. to 11:30 a.m. ET on Fridays in the
                                                      under Department of Transportation                      Commission receives. Improving the                     FCC Reference Information Center, 445
                                                      procedures found in 49 CFR part 7.                      reporting that occurs under the                        12th Street SW., Room CY–A257,
                                                                                                              Commission’s rules will advance the                    Washington, DC 20554. In addition, the
                                                      B. Availability of Rulemaking                           Commission’s efforts to monitor the                    complete text is available online
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Documents                                               reliability and resiliency of the nation’s             http://www.fcc.gov/document/fcc-
                                                        Electronic copies of rulemaking                       communications networks, including                     adopts-part-4-improvements-item.
                                                      documents may be obtained from the                      911 networks, and to address systemic                     This document contains proposed
                                                      Internet by—                                            vulnerabilities and threats to the                     information collection requirements.
                                                        1. Searching the Federal eRulemaking                  communications infrastructure.                         The Commission, as part of its
                                                      Portal (http://www.regulations.gov);                    DATES: Submit comments on or before                    continuing effort to reduce paperwork
                                                        2. Visiting the FAA’s Regulations and                 July 16, 2015, and reply comments on                   burdens, invites the general public and
                                                      Policies Web page at http://                            or before July 31, 2015. Written                       the Office of Management and Budget
                                                      www.faa.gov/regulations_policies or                     comments on the Paperwork Reduction                    (OMB) to comment on the information


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Document Created: 2018-02-22 10:22:36
Document Modified: 2018-02-22 10:22:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance Notice of Proposed Rulemaking (ANPRM).
DatesSend comments on or before August 17, 2015.
ContactFor technical questions concerning this action, contact Jon M. Stowe, Airspace Regulations Team, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8783; email [email protected]
FR Citation80 FR 34346 
RIN Number2120-AK51

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