3-1 CHAPTER 3. OPERATIONAL CONSIDERATIONS
3.1 U.S. ADS-B Airspace and Equipment Performance Requirements. After January 1, 2020, unless authorized by air traffic control (ATC), all aircraft operating in the airspace specified in 14 CFR part 91, § 91.225 must meet the equipment performance requirements defined in § 91.227. This chapter describes both the airspace and equipment performance requirements of §§ 91.225 and 91.227. Operators should consider the need to access ADS-B-required airspace and the performance requirements of that airspace when equipping for compliance with §§ 91.225 and 91.227.
3.1.1 Inside Class A Airspace. Operations in Class A airspace must:
1. Meet the equipment performance requirements in Technical Standard Order (TSO)-C166b, Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-B) and Traffic Information Service-Broadcast (TIS-B) Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz) (1090ES).
2. Meet the requirements of § 91.227.
Note: Although TSO-C166b incorporates standards for TIS-B equipment, TIS-B equipage (ADS-B In) is not required for compliance with §§ 91.225 and 91.227.
3.1.2 Outside Class A Airspace. Operations within airspace defined in § 91.225, but outside Class A airspace must:
1. Meet the requirements of § 91.227; and
2. Meet the performance requirements in:
• TSO-C166b (1090ES); or
• TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on Frequency of 978 MHz.
Figure 3-1. Automatic Dependent Surveillance-Broadcast Airspace Rule (§ 91.225) Diagram FL 600 18,000 MSL CLASS A | ADS-B 1090 ES Required 2,500 AGL ADS-B Not Required CLASS E | 10,000 MSL and above ADS-B Required
CLASS E Required ADS-B CLASS C CLASS B 10,000 MSL 3,000 MSL ADS-B ADS-B Required Required 12NM From Coastline 10,000 MSL Surface 10,000 MSL Surface Mode C Veil ADS-B Required Gulf of Mexico: 10,000 MSL Surface © AGL: Above Ground Level; FL: Flight Level; MSL: Mean Sea Level; NM: Nautical Miles
3.2 Exceptions to Airspace Requirements. The requirements of § 91.225(b) do not apply to any aircraft that was not originally certified with an electrical system or that has not subsequently been certified with such a system installed, including balloons and gliders.
The FAA has previously determined that the same aircraft excluded from the transponder requirement are excluded from the ADS-B Out equipage. Accordingly, an aircraft that subsequently has been installed with batteries or an electric starter would not be required to equip for ADS-B Out. These aircraft may conduct operations without ADS-B Out in the airspace specified in § 91.225(d)(2) and (4). However, for other aircraft without ADS-B Out, § 91.225(g) requires ATC authorization prior to operation in ADS-B Out-required airspace.
3.3 Traffic Awareness Beacon System (TABS). Operators of aircraft exempt from carrying a transponder or ADS-B equipment may wish to consider installing a TABS device (refer to ISO-C199, Traffic Awareness Beacon System (TABS)). TABS devices do not meet the transponder or ADS-B requirements defined in §§ 91.215 and 91.225, respectively.
However, they will allow TABS-equipped aircraft to be electronically "visible" to aircraft equipped with Traffic Alert and Collision Avoidance Systems (TCAS), Traffic Advisory Systems (TAS), and ADS-B In systems. TABS-equipped aircraft that are broadcasting an ADS-B In capability will also become TIS-B clients.
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4-1 CHAPTER 4. OPERATING PROCEDURES
4.1 General Operating Procedures. This chapter describes the general procedures for ADS-B Out operations in accordance with 14 CFR part 91, §§ 91.225 and 91.227. All operators should use this information when planning and conducting operations requiring ADS-B Out performance.
4.2 Operator Familiarity of the Installed ADS-B System.
4.2.1 System Operation Familiarity. All operators should use the applicable Airplane Flight Manual (AFM), Aircraft/Airplane Flight Manual Supplement (AFMS), Rotorcraft Flight Manual (RFM), Rotorcraft Flight Manual Supplement (RFMS), pilot’s operating handbook (POH), or other required operating handbooks or manuals to become familiar with the proper operation of the installed ADS-B system and any procedures expected of the user for indications of reduced performance or failures within the system.
4.2.2 Understanding Failure Indicators Within the System. Because many ADS-B system installations will be upgrades to existing transponders (Mode S), there may be limited ability to indicate ADS-B failures. Mode S transponders with ADS-B functionality may indicate a device failure (loss of transponder/ADS-B) and input failures (loss of position source, such as the Global Navigation Satellite System (GNSS)) with the same indicator light. Operators should refer to their AFM, AFMS, RFM, RFMS, POH, and other handbooks and manuals for information on the differences between device failures and function failures and the implications and procedures associated with each failure type. In particular, normal GNSS signal interference on the ground caused by nearby obstacles, such as a large hangar, may be incorrectly interpreted as a failure of the ADS-B system.
Moving the aircraft clear of obstructions may be all that is needed to clear an indicated malfunction caused by GNSS multipath signals.
4.2.3 Transponder Operation and ADS-B Transmissions. For ADS-B system installations integrated within a transponder that share control features, operators should be aware that disabling the transponder may also disable ADS-B transmissions, as well as result in a loss of Secondary Surveillance Radar (SSR) services and Traffic Alert and Collision Avoidance System (TCAS)/TCAS II operation, if so equipped.
4.3 ADS-B Equipment Operations (U.S. Airspace).
4.3.1 Transmit Requirements. In accordance with § 91.225(f), each person operating an aircraft equipped with ADS-B Out must operate this equipment in the transmit mode at all times, unless authorized by the FAA or directed by air traffic control (ATC). This equipment operation requirement pertains to all phases of flight operation, including airport surface movement area operations. Pilots should select the transponder mode that enables the altitude reporting and ADS-B Out transmissions any time their aircraft is positioned on any portion of an airport movement area.
Note: Aircraft must comply with the appropriate Technical Standard Order (TSO) performance requirements when transmitting ADS-B data.
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4.3.1.1 Departures. Select the transponder mode that allows altitude reporting, and enable ADS-B Out during pushback or taxi-out from parking spot. Select TA or TA/RA (if equipped with TCAS) when taking the active runway.
4.3.1.2 Arrivals. After clearing the active runway, if TCAS-equipped (TA or TA/RA), select the transponder to altitude reporting mode, and maintain ADS-B Out transmissions. Select “STBY” or “OFF” for the transponder and ADS-B only upon arriving at the aircraft’s parking spot or gate.
4.3.1.3 Formation Operations. ATC uses established transponder and ADS-B transmission procedures when participating in formation operations. Per the Aeronautical Information Manual (AIM) paragraph 4-1-20, if the formation flight is receiving ATC services, pilots can expect ATC to direct all non-lead aircraft to “STOP SQUAWK,” and should not do so until instructed. For visual flight rules (VFR) formation flights not receiving ATC services, ATC directs that only the lead aircraft should squawk the assigned beacon code (1200). All other aircraft should disable transponder and ADS-B transmissions once established within the formation.
4.3.1.4 Inoperative ADS-B Out. For operations with inoperative ADS-B Out comply with the requirements of § 91.213 as appropriate for your aircraft. If you intend to operate in airspace described in § 91.225, refer to paragraph 4.3.3 and comply with § 91.225(g)(1).
4.3.2 Equipment Qualification Requirements. In order to operate an aircraft in airspace defined in § 91.225, the ADS-B Out equipment installed, and its connected or internal position source, must meet the performance requirements of the applicable TSOs and meet the requirements of § 91.227. Since § 91.225 requires the equipment components be installed, portable ADS-B Out equipment, including system components and antennas, does not comply with the rule. Operators should also note that FAA regulations require installed equipment to function as intended. Under 14 CFR part 21, installed equipment need not be manufactured under a TSO authorization, but must be approved or qualified according to the type of aircraft as follows:
4.3.2.1 Type-Certificated Aircraft. ADS-B Out systems and equipment (including the connected position source) installed or used in type-certificated aircraft must have a design approval issued under part 21 or must be installed by field approval, if appropriate. AC 20-165, Airworthiness Approval of Automatic Dependent Surveillance—Broadcast OUT Systems, provides guidance on installation of ADS-B Out systems. FAA Policy Memorandum, Installation Approval for ADS-B OUT Systems, dated 2016, provides information on how ADS-B systems may be installed by field approval.
4.3.2.2 Special Light-Sport Aircraft (SLSA). Equipment installed on SLSA must be installed in accordance with an applicable consensus standard and must be authorized by the aircraft’s manufacturer or a person acceptable to the FAA (refer to part 21, § 21.181).
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4.3.2.3 Experimental Aircraft, Including Experimental Light-Sport Aircraft (ELSA).
4.3.2.3.1 For experimental category aircraft, including ELSA, there is no FAA approval required for the ADS-B Out system installation. However, to protect all users of the National Airspace System (NAS), it is essential for all aircraft, including experimental and ELSA, to install equipment that has been adequately designed and tested to meet the equipment’s intended functions of supporting safe ATC separation services and providing accurate traffic awareness to other aircraft. To meet this requirement, owners of these aircraft may elect to install equipment manufactured under a TSO authorization, in accordance with the installation instructions provided by the manufacturer.
Alternatively, owners of these aircraft may elect to install equipment that are not approved under a TSO authorization. For non-TSO equipment, the owner should obtain installation instructions that include a statement of compliance from the applicable avionics manufacturer(s). To qualify non-TSO equipment as compliant for operations in ADS-B airspace defined in § 91.225, the statement of compliance should indicate that when installed in accordance with the installation instructions, the equipment complies with all requirements of § 91.227, and with the performance requirements of the appropriate TSO. While the statement of compliance is important in equipping the aircraft, per § 91.225, correct installation is critical for the equipment to operate properly.
4.3.2.3.2 Owners of experimental aircraft should retain the installation instructions from the equipment supplier, including the statement of compliance, in the aircraft records to support the equipment’s compliance with the requirements of §§ 91.225 and 91.227, and to assist in resolving in-service issues if necessary.
4.3.2.4 All Aircraft—Importance of Proper Installation. Experience with FAA compliance monitoring of ADS-B Out-equipped aircraft to date has revealed that a large percentage of equipped aircraft have deficiencies with ADS-B Out system performance following initial installations. Many of these deficiencies have been attributed to improper installation and incorrect system configuration. Therefore, the FAA considers it particularly important for equipment manufacturers to provide installation instructions that are as clear and easy to follow as possible and revise these instructions when deficiencies in the instructions are discovered. Installers should adhere to the manufacturer’s installation instructions and employ practices that consistently result in ADS-B Out system installations that fully comply with § 91.227 equipment performance requirements.
4.3.2.5 All Aircraft—ADS-B Out Equipment Performance and FAA Monitoring.
4.3.2.5.1 The ADS-B Out rule does not impose additional continued/recurrent airworthiness inspection requirements for applicable equipment. Therefore,
4-4 owner/operators of ADS-B Out-equipped aircraft should ensure continued compliance of applicable equipment performance requirements following initial installation or any subsequent alteration to the system.
Note: Transponder-based ADS-B Out systems (i.e., 1090ES) are still required to meet the requirements of § 91.413.
4.3.2.5.2 The FAA continuously monitors the equipment performance of all ADS-B Out-equipped aircraft operating in U.S. airspace for compliance of regulatory requirements specified in § 91.227. Applicable equipment performance monitoring is conducted by a tool known as the ADS-B Performance Monitor (APM).
4.3.2.5.3 The APM collects data transmitted by ADS-B Out-equipped aircraft monitored on the surface and airborne. The APM applies established compliance criteria to collected data for more than 40 individual equipment performance checks, assembles relevant information into a flight record, and identifies exceptions to applicable regulations to support various internal and external reporting requirements. Aircraft identified by the APM with exceptions are referred to as non-performing equipment (NPE).
4.3.2.5.4 While the term NPE is generally used to describe aircraft with ADS-B Out equipment performance exceptions, certain pilot actions can result in NPE conditions. Such pilot actions may include the following:
1. Movement of aircraft on the surface (under its own power) or while airborne with ADS-B Out equipment turned off;
2. Operating with a non-conforming or unauthorized (local call-sign) flight identification (FLT ID) code;
3. Operating with a FLT ID code that does not correspond to the code filed on an associated flight plan (FP) (as applicable);
4. Operating with barometric altitude reporting off (when not directed to do so by ATC);
5. Operating a Universal Access Transceiver (UAT) transponder-dependent device with the transponder turned off (no barometric altitude or Mode 3/A code present in ADS-B messages); and
6. Operating ADS-B Out equipment in any manner contrary to applicable regulations.
4.3.2.5.5 As discussed in paragraph 4.2, pilots should be familiar with the operation of ADS-B Out equipment, including any associated failure indications provided by the system. It is important for pilots to understand that most ADS-B failure indications are limited to system component failures; and indications associated with equipment performance required by regulation are not provided.
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4.3.2.5.6 To enable public access to ADS-B equipment performance data needed for owner/operators to verify compliance with § 91.227 requirements, the FAA provides a free, web-based service called the Public ADS-B Performance Report (PAPR) at https://adsbperformance.faa.gov/PAPRRequest.aspx.
Additional information on the PAPR service can be found at https://www.faa.gov/nextgen/equipadsb/.
4.3.2.5.7 The FAA recommends that owner/operators of ADS-B Out-equipped aircraft verify equipment performance through periodic use of the PAPR request service, especially following initial equipment installation, modification, or maintenance of existing ADS-B Out systems (including component software updates/changes).
4.3.2.6 Handling of Aircraft with Non-Performing Equipment (NPE).
4.3.2.6.1 When ADS-B Out equipment performance becomes deficient during flight, ATC may direct the pilot to discontinue ADS-B Out transmissions pursuant to § 91.225(f)(2). The pilot should comply with the procedures established for that aircraft or notify ATC if unable. If necessary, ATC may direct the aircraft to exit § 91.225 airspace.
4.3.2.6.2 FAA flight monitoring has shown that aircraft engaged in aerobatic and agricultural operations may fail to meet applicable equipment performance requirements due to maneuvering that exceeds the design limits of the installed GNSS equipment. Aircraft identified by the APM with exceptions to § 91.227 resulting from maneuvering characteristics of aerobatic and/or agricultural operations are not considered NPE by the FAA. When not actively engaged in aerobatics or agricultural operations (e.g., when transiting to and from applicable areas of operation), these aircraft are expected to meet ADS-B Out equipment performance requirements.
4.3.2.6.3 In late 2017, the FAA published a notice (82 FR 60302) to the Federal Register announcing changes to ADS-B services including the Traffic Information Service-Broadcast (TIS-B) (refer to Docket Number FAA-2017-1194, Change to Automatic Dependent Surveillance Broadcast Services, at https://www.federalregister.gov/). These changes included implementation of a filter within the FAA ATC automation system to prevent processing of data transmitted by certain NPE aircraft. Application of the filter is enabled by restricting use of the 24-bit International Civil Aviation Organization (ICAO) address (Mode S code) transmitted from NPE aircraft and managed through a list referred to as the No Services Aircraft List (NSAL). NPE aircraft on the NSAL cannot be provided ATC services via the ADS-B data network and do not meet the equipment performance requirements necessary to qualify for TIS-B client services. Owner/operators of aircraft on the NSAL must seek authorization from ATC to operate in the airspace specified by § 91.225.
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4.3.2.6.4 Prior to listing NPE aircraft on the NSAL, the FAA will provide written notification of relevant ADS-B equipment issues to the owner/operator and address associated with the aircraft’s registry in an effort to coordinate NPE corrective action. In most instances, a 45-day period is allowed from the date associated with the FAA notification letter to complete NPE corrective action.
All NPE aircraft are subject to NSAL listing after the 45-day period has elapsed and corrective action has not been completed.
Note: NPE notifications mailed to unmonitored mailboxes may result in aircraft being listed to the NSAL (after 45 days) without owner/operator awareness. Owner/operators with addresses associated with an unmonitored mailbox (e.g., LLC or non-resident addresses) are advised to request a PAPR for awareness of ADS-B Out equipment performance and the NSAL status of their aircraft.
4.3.2.6.5 The operation of aircraft with certain NPE characteristics (e.g., erroneous position reports) present a significant safety hazard to surrounding airspace and ATC services. Hazardous NPE aircraft may require immediate placement on the NSAL to mitigate applicable safety risks prior to owner/operator notification.
4.3.2.6.6 In rare cases, it is necessary for the FAA to issue an Aircraft Condition Notice (FAA Form 8620-1) to prevent operation of aircraft with hazardous NPE characteristics.
4.3.2.6.7 Owner/operators receiving an NPE notification letter and/or Aircraft Condition Notice should follow the instructions provided in those documents and contact the handling aviation safety inspector (ASI) as soon as possible to coordinate required corrective action. Following NPE corrective action, a verification flight must be conducted pursuant to § 91.407(b), and the handling ASI should be notified, to validate equipment performance. When the handling ASI determines the NPE condition has been corrected, they will notify the owner/operator and, when applicable, initiate the process for removal of the aircraft from the NSAL.
Note: Once requested, removal of aircraft from the NSAL can take up to 30 days.
4.3.2.6.8 Aircraft on the NSAL are identified on the cover page of an applicable PAPR with the following language (in red font): Aircraft is on No Services List. This language is omitted from a PAPR associated with aircraft not currently on the NSAL. See paragraph 4.3.2.5.6 for information on obtaining a PAPR.
4.3.3 Operation of Aircraft with Inoperative ADS-B. Section 91.225(g) permits ATC to authorize the operation of aircraft with inoperative ADS-B or that do not have ADS-B installed into airspace where it is required. Under § 91.225(g), operators must make requests for ATC-authorized deviations from the requirements in § 91.225 to the ATC
4-7 facility that has jurisdiction over the concerned airspace or airport movement area within the time periods specified below:
1. For operation of an aircraft with inoperative ADS-B equipment to the airport of ultimate destination (including any intermediate stops) or to proceed to a place where suitable repairs can be made, or both, the request may be made at any time.
2. For operation of an aircraft that is not equipped with ADS-B, operators must make the request at least 1 hour before the proposed operation.
4.3.3.1 Air Carriers Procedures. Air carriers are not precluded from using the ADS-B Deviation Authorization Preflight Tool (ADAPT); however, the Air Traffic Control System Command Center (ATSCSS) will facilitate coordination with FAA facilities for flights that are equipped with ADS-B that is inoperative. Collaborative Decision Making (CDM) participants should use the Tactical Customer Advocate (TCA) webpage or call the TCA desk with the call sign, proposed departure time, requested route of flight, and requested altitude. The TCA will coordinate with all FAA facilities along the route of flight. Approval/denial will be provided with any restrictions to the route/altitude for the operation of the flight with the failed ADS-B/transponder.
4.3.3.2 All Other Operators. All other operators are encouraged to use ADAPT to document your request and authorization (see paragraph 4.3.5). You may also request coordination through the departure airport ATC tower. The tower will initiate the coordination of the request.
Note 1. Aircraft must have an operable Mode C transponder in order to use ADAPT. If the failure results in the loss of all transponder functions, you must coordinate through the ATCSCC or the local facility, as appropriate, or use your existing procedures for an inoperative transponder.
Note 2. All airborne failures will be handled by the FAA facility where the failure occurs. The FAA facility will coordinate through the ATCSCC if necessary, who will then coordinate with all FAA facilities along the remaining route of flight.
4.3.4 Operation of Aircraft Not Equipped With ADS-B. In April 2019, the FAA published a notice (84 FR 12062) to the Federal Register clarifying policy for authorizations to operators of aircraft not equipped with ADS-B (refer to Docket Number FAA-2019-0239, Statement of Policy for Authorizations to Operators of Aircraft That are Not Equipped With Automatic Dependent Surveillance-Broadcast (ADS-B) Out Equipment, at https://www.federalregister.gov/). Operators are encouraged to review the notice, summarized below.
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4.3.4.1 To operate in ADS-B airspace, an operator whose aircraft is not equipped with ADS-B Out equipment must obtain a preflight authorization in accordance with § 91.225(g). The operator has the responsibility to obtain a preflight authorization from ATC for all ADS-B Out airspace on the planned flight path. For the reasons explained in the policy, however, the FAA will be very unlikely to issue routine and regular authorizations to scheduled operators seeking to operate non-equipped aircraft in rule airspace. Likewise, although unscheduled operators may request authorizations for airspace at capacity constrained airports as defined in the policy, issuance of an authorization may prove difficult to obtain.
4.3.4.2 Note that the provision of air traffic services to a non-ADS-B-equipped aircraft whose flight transits ADS-B Out airspace will not constitute authorization under § 91.225(g). Although ATC will be able to observe that an aircraft is not equipped with ADS-B Out equipment, ATC will not be responsible for determining whether non-equipped aircraft operating in the NAS are properly authorized to operate in ADS-B Out airspace. The provision of air traffic services is separate from and will not constitute an authorization to deviate from the ADS-B Out equipage requirements while operating in that airspace. The non-equipped operator, as always, will have the responsibility to ensure compliance with the regulations, which includes obtaining a preflight authorization in accordance with § 91.225(g).
4.3.5 ADAPT. The FAA is developing a web-based mechanism for requesting authorization in accordance with the regulation and this policy. You may access ADAPT at https://sapt.faa.gov/. While ADAPT is intended primarily for requests to operate without ADS-B, you may also choose to use it as a means to request an authorization to operate with inoperative ADS-B. Operators who coordinate certain operations with an FAA TCA should continue to make requests through the TCA. Refer to the ADAPT User Guide for additional information.
4.4 Flight Plans (FP). The information to complete the ICAO FP continues to evolve with the introduction of NextGen equipment and capabilities. The information provided here represents just some of the ADS-B specific information elements. For the most current and complete instructions and descriptions of FP filing codes, refer to AIM paragraph 5-1-9 and the FAA Flight Planning Information website at http://www.faa.gov/ about/office_org/headquarters_offices/ato/service_units/enroute/flight_plan_filing.
4.4.1 ICAO FP Item 10, Equipment. When operating aircraft equipped with ADS-B you should indicate surveillance equipment in Item 10 of the ICAO FP (FAA Form 7233-4, Pre- Flight Pilot Checklist and International Flight Plan). In addition to the transponder codes (refer to AIM paragraph 5-1-9), you should include an ADS-B capability code from the following list. Note that FAA automation does not process ADS-B reports on Very High Frequency (VHF) Digital Link Mode 4, so those codes are not listed here.
4.4.2 ADS-B Capability Codes. The ADS-B capability codes are as follows:
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• B1: ADS-B with dedicated 1090 megahertz (MHz) ADS-B Out capability.
• B2: ADS-B with dedicated 1090 MHz ADS-B Out and In capability.
• U1: ADS-B Out capability using UAT.
• U2: ADS-B Out and In capability using UAT.
Note 1: Only include an ADS-B capability code when at least one serviceable ADS-B Out system is installed.
Note 2: Do not file an ADS-B code for “in” capability only. There is currently no way to indicate that an aircraft has “in” capability but no “out” capability. For aircraft with ADS-B “out” on one frequency and “in” on another, include only the ADS-B “out” code. For example, B1 or U1.
4.4.3 ICAO FP Item 18, Other Information.
4.4.3.1 SUR/260B: If you file an ADS-B capability code of B1or B2 in Item 10 and the ADS-B equipment complies with § 91.225, include the item “SUR/260B” in Item 18.
4.4.3.2 SUR/282B: If you file an ADS-B capability code of U1 or U2 in Item 10 and the ADS-B equipment complies with § 91.225, include the item “SUR/282B” in Item 18.
Note: If the ADS-B capability filed in Item 10 is not compliant with § 91.225, do not include “SUR/” information in this FP field.
4.4.3.3 CODE/: After CODE/, enter the aircraft address expressed in the form of six hexadecimal characters (e.g., “CODE/A519D9”). Operators of U.S. registered aircraft can retrieve this information from the FAA aircraft registry (https://registry.faa.gov/aircraftinquiry/NNum_Inquiry.aspx). Use the “Mode S Code (base 16 / hex)” value.
4.4.3.4 REG/: When you enter an aircraft identification in Item 7 that is different than the aircraft registration mark (e.g., “UAL123”), include REG/ symbol followed by the registration markings of the aircraft, (e.g., “N123UA”) in Item 18.
4.4.4 Anonymity Operations and VFR FPs. Section 91.227 contains specific provisions allowing operators with TSO-C154c equipment to transmit a self-assigned (randomized) temporary 24-bit address and no call sign. However, pursuant to the regulations (§ 91.227(d)(11)), the UAT anonymous 24-bit address feature may only be used when the operator “has not filed a flight plan” and “has not requested ATC services.” In 2018, the Aircraft Owners and Pilots Association (AOPA) petitioned the FAA for a limited exemption from a portion of § 91.227(d)(8) and (11). Specifically, AOPA sought an exemption to permit pilots to operate using anonymous mode when the pilot has filed a VFR FP and has not requested ATC services. Rather than granting the exemption, the
4-10 FAA clarified that it interprets the exceptions in § 91.227(d)(8) and (11) as applying to pilots who: (1) have not filed an instrument flight rules (IFR) FP; (2) have not requested ATC services, such as separation services or VFR flight following; and (3) are using a TSO-C154c self-assigned temporary 24-bit address. As a result, VFR pilots using the anonymity feature may file a VFR FP, which enables search-and-rescue capabilities, provided they do not request flight following.
Note: For any operation where ATC assigns you a discrete Mode 3/A code, you are receiving ATC services.
4.4.5 Privacy ICAO Address (PIA) Program. The FAA acknowledges the desire of some operators to limit the availability of real-time ADS-B position and identification information for a specific aircraft. To address privacy concerns and to accommodate the needs of aircraft, participation will be subject to the following conditions and limitations:
• U.S. registered.
• 1090 MHz ADS-B equipped.
• Using a third-party call sign.
• Flying in domestic U.S. airspace.
4.4.5.1 The PIA program will enable interested aircraft owners to request an alternate, temporary ICAO aircraft address, which will not be assigned to any owner in the Civil Aviation Registry (CAR). This service will be available in two phases:
1. Phase 1: No later than January 1, 2020, the application for PIA can be accessed on the FAA website at https://www.faa.gov/nextgen/equipadsb/privacy/. This service will be operated, monitored, and maintained by the FAA.
2. Phase 2: The service will be transitioned to third-party service provider(s) who will operate, monitor, and maintain this program, which will continue to be available from the above website.
4.4.5.2 To maintain the safety and integrity of air traffic operations, the FAA monitors PIA use in the NAS. The following list includes improper uses of PIAs:
• Use of PIAs assigned to another aircraft.
• Use of unassigned PIAs.
• PIAs used for operations outside of domestic airspace.
• PIAs changed in flight.
• PIAs used with an underperforming ADS-B emitter.
• PIA used with a UAT or dual 1090/UAT emitter.