FAR Final Rule ELT 406
FAR Final Rule ELT 406
FAR Final Rule ELT 406
Header Information
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, and 29
[Docket No. 26180; Amendment Nos. 25-82, 29-33 ]
RIN 2120-AD19
Emergency Locator Transmitters
Preamble Information
AGENCY: Federal Aviation Administration, DOT
ACTION: Final Rule
14 CFR Parts 25, 29, 91, 121, 125, and 135
Amendment Nos. 25-82, 29-33, 91-242, 121-239, 125-20, and 135-49
SUPPLEMENTARY INFORMATION:
NTSB Recommendations
Reference Material
(1) The National Aeronautics and Space Administration (NASA) and the FAA,
a report entitled, "Current Emergency Locator Transmitter (ELT) Deficiencies
and Potential Improvements Utilizing TSO-C91a ELT's", (FAA/NASA report),
October 1990.
(2) FAA Action Notice A 8150.3 (July 23, 1990).
Related Activity
(1) Publication of this document coincides with notice of the FAA's withdrawal
of manufacturing authority for ELT's produced under TSO-C91.
(2) The Aviation Rulemaking Advisory Committee (ARAC) has been tasked to
make recommendations concerning an ELT retrofit policy.
Discussion of Comments
The FAA received 51 written comments in response to Notice No. 90-11 from
individuals, manufacturers, equipment users, associations, and government
agencies. Twenty-two support the proposed rule or its intent while 20 express
concern or nonsupport. Most of the nonsupport commenters, however, address
the fleetwide replacement of automatic ELT's rather than the proposal for new
installations. Nine of the comments do not take a position for or against the
proposals; however, they offer suggestions and advice.
Nineteen of the commenters supporting the rule represent major segments of
the aviation search and rescue community such as government agencies and
associations. These commenters also agree on the unsatisfactory performance
of current TSO-C91 ELT's.
Although the FAA did not propose the replacement of existing ELT's with
models of newer design, in Notice No. 90-11, the agency solicited opinion
from affected users regarding a proposed time frame for a near term retrofit
program. Twenty-one commenters address the time that should be permitted
for mandatory replacement of existing ELT's with those approved under TSO-
C91a. Seven commenters call for a "voluntary" replacement. In general, the
SAR community proposed four years. Most commenters acknowledge that a
mandatory timetable for replacement is necessary to realize the benefits of this
second-generation ELT.
Twenty-six commenters express concern over the direct replacement cost of
existing TSO-C91 ELT's with TSO-C91a ELT's
FAA Response: The FAA does not agree with the recommendations
concerning voluntary replacement. The FAA envisions this final rule
addressing new installations to be the first step in the much-needed transition to
the improved ELT's. Even though the FAA conducted an extensive education
program in the 1980's through the FAA Back-to-Basics Program, seminars,
advisory material, and pamphlets, the FAA estimates that fewer than five
percent of potential users voluntarily installed the improved ELT's. Although a
voluntary replacement program may be less costly, resolution of the failure to
activate and false alarm problems would not be timely.
The Aviation Rulemaking Advisory Committee (ARAC) has been tasked to
make recommendations concerning the retrofit of ELT's in the entire fleet. For
a detailed description of this task, see the ARAC notice published at 58 FR
16574, March 29, 1993.
Nineteen commenters recommend using the 406 Mhz ELT because it has
significant technical improvements over the 121.5/243 Mhz ELT equipment
system. Commenters also noted that 406 Mhz ELT's are compatible with the
Search and Rescue Satellite Aided Tracking System (COSPAS-SARSAT).
Several commenters submitted data indicating that the COSPAS/SARSAT
system has proven to be an effective tool in detecting and locating both
maritime and aeronautical distress incidents. The data further show that this
satellite system had been credited with saving more than 1,700 lives since it
was commissioned in 1982. In many of these distress cases, the satellite system
was the only means of detecting the distress signal. The commenters assert that
improvements in ELT equipment, both on the 121.5 Mhz and 406 Mhz
frequencies, will increase the accuracy of location, reduce the time required to
provide information to the Rescue Coordination Centers, reduce the effects of
interference, reduce the number of false alerts on 121.5 Mhz, and improve
satellite coverage of all areas in the United States.
Most commenters support use of an improved 121.5/2430 Mhz ELT or the
improved ELT that includes 406 Mhz capability. The NTSB further advocates
a fleet-wide mandatory conversion to the 406 Mhz standard.
FAA Response: In October, 1992, the United States responded to an
International Civil Aviation Organization (ICAO) letter requesting comments
on ELT carriage requirements. The United States recommended the use of 406
Mhz ELT's.
To accelerate the introduction of the 406 Mhz capability, and to provide an
acceptable standard of certification for ELT's, the FAA issued TSO-C126 on
December 23, 1992. The intended configuration of the 406 Mhz ELT can be
accomplished by either of two approaches: (1) Installation of a standalone 406
Mhz ELT to augment an existing 121.5/243.0 Mhz ELT installation; or (2)
Installation of an integrated 121.5/406 Mhz ELT, or an integrated
121.5/243.0/406 Mhz ELT of which the 121.5 or the 121.5/243.0 portion meets
the requirements of TSO-C91a. TSO-C126 provides a standard for significant
performance and information improvements for ELT's and these improvements
are expected to permit more effective and timely SAR response after aircraft
accidents.
A 406 Mhz ELT would operate at much higher power levels than a 121.5/243.0
Mhz ELT. Lithium chemistry batteries appear to be the only likely power
source. The FAA is concerned about the safety characteristics of these batteries
and has placed some initial guidance material in TSO-C126 to aid approving
lithium batteries. Currently, RTCA Special Committee 168 is developing a
standard for the various kinds of lithium batteries that could be used in aircraft.
The FAA plans to use the RTCA standard as a basis for a future TSO.
The 121.5/243 Mhz ELT's approved under TSO-C91a are expected to be
effective when used in conjunction with the U.S. National Airspace and SAR
systems. Therefore, the FAA recommends, but does not require, carriage of
406 Mhz ELT's. Voluntary use of the 406 Mhz ELT's would provide a definite
enhancement over the minimum requirements of the Federal Aviation
Regulations. There may be even more life saving benefits derived from the 406
Mhz ELT for those operations conducted over water and in remote areas;
therefore, the FAA encourages installation of the 406 Mhz ELT although the
121.5/243 Mhz will continue to be used.
Five commenters express concern over the additional cost of automatic TSO-
C91a ELT's required for new installations. The General Aviation
Manufacturers Association indicates that the estimated $75 installation cost in
Notice No. 90-11 is inappropriate. It claims that a realistic estimate for parts
and labor is $750.
With regard to survival ELT's, Dayton Granger, Inc. and the DME Corporation
currently estimate the cost of survival ELT's at approximately $900. Both
companies plan to manufacture ELT's approved to the TSO-C91a is standard.
The Air Transport Association of America (ATA) states that its member
airlines estimate the cost of the TSO-C91a survival ELT's to be $4,193 to
$4,662 per aircraft. Additionally, it states that the new TSO standards are
unnecessary because there are no problems with the current survival ELT's.
FAA Response: The FAA based its cost estimates on estimates provided by
manufacturers of authorized equipment. ARNAV Systems, Inc., whose
automatic ELT is now marketed by Artex Aircraft Supplies, Inc., obtained
TSO-C91a approval for the model ELS-10 in October 1986 and for a lower
cost model, the ELT-100, in March 1988. These automatic ELT's sell for
approximately $900 and $350 respectively, and have beneficial design
enhancements, such as built-in test equipment. Narco Avionics, Inc., obtained
approval for its automatic model ELT-910 in June 1989, and is marketing it for
approximately $400. Since the issuance of Notice No. 90-11, ACK
Technologies, Inc., received approval for its automatic Model E-01 ELT in
May 1990; the list price for this ELT is $279. According to this manufacturer, a
selling price of less than $200 may be possible, once full production is
underway. Several other ELT manufacturers have expressed an interest in
producing low-cost TSO-C91a ELT's.
This rulemaking applies only to "new installations"; therefore, the FAA has
attempted to minimize direct costs to operators while enhancing operators'
safety. In Notice 90-11 the FAA estimated that automatic ELT's would cost an
additional $150 to $400 per unit, and that survival ELT's would cost and
additional $875 to $1,225 per unit. However, as a result of analyzing more
recent data received from ELT manufacturers, the FAA has reduced its
estimates of incremental costs. Automatic ELT's are estimated to cost an
additional $50 to $200 per unit, and survival ELT's are estimated to cost an
additional $250 to $750 per unit. Conversely, the FAA has increased its
estimate of incremental installation costs for automatic ELT's from $75 to $150
per unit.
G-Switch
Eight commenters express concern about the design specifications of the TSO-
C91a crash sensor, known as a G-switch. These eight commenters agree that
the current TSO-C91 G-switch needs improvement because it is the primary
cause of an ELT's failure to activate. Several commenters note that the
FAA/NASA report estimates a 95 percent rate of effectiveness increase
expected from using the TSO-C91a G-switch.
FAA Response: On the basis of the current performance of TSO-C91a ELT
installations and the conclusions reported in the FAA/NASA report, the FAA
determined that TSO-C91a provides an adequate G-switch specification for
sensing an airplane crash and would minimize the number of activation failures
and false activations. In the event of false activation, the ELT monitor would
alert the pilot or ground personnel. Additionally, the RTCA has determined
that the TSO-C91a standard is an appropriate specification to be included in the
RTCA/DO-204 standard for 406 Mhz ELT's.
Batteries
ELT Maintenance
Three commenters express concern over the meaning of the word "approved"
in the proposed language of the ELT rules. One commenter indicates that this
rulemaking procedure may "establish a precedent for future mass terminations
of TSO authorizations, without going through the rulemaking process".
Another commenter requests that the FAA refer to a particular TSO number
instead of using the generic language, "approved TSO".
FAA Response: The FAA intends to clarify the certification process with
regard to the regulations and TSO's. Since the effective date of Amendment 21-
50 to part 21 (September 9, 1980), The FAA's TSO revision program has been
eliminating TSO's from the rulemaking process and eliminating references to
specific TSO's from the regulations. The TSO revision makes it possible for the
public to use the most up-to-date TSO or other standards that are found
acceptable during the certification of a particular piece of equipment. When
specific TSO standards are designated in a regulation, other TSO's or standards
are automatically excluded. As stated in Notice No. 90-11, "This rule replaces
specific references to TSO-C91 in the FAR with 'an approved ELT that is in
operable condition'," and withdraws all TSO-C91 authorizations issued to ELT
manufacturers. In effect, this would allow TSO-C91a, or any subsequent TSO's
issued for ELT's, to be used as a basis for compliance with the FAR. Using the
language "approved" is consistent with the FAA's responsibility to eliminate
dated references to regulations.
Whenever a material, part, process, or appliance is required to be "approved", it
must be approved under the Federal Aviation Regulations. The approval can be
obtained in one of the following ways: (1) under a Parts Manufacturer
Approval; (2) in conjunction with type certification procedures for a product,
including approvals granted by a supplemental type certificate; (3) under a
Technical Standard Order authorization; or (4) in any other manner approved
by the Administrator.
Of these approval methods, TSO's contain minimum performance and quality
control standards for specified articles (material, part, process, or appliance).
The standards for each TSO are those the Administrator finds necessary to
ensure that the article concerned will operate satisfactorily. Compliance with a
TSO is only one method of obtaining an approval and its use is not mandatory;
therefore, the standards contained in the TSO are not mandatory but are a way
of obtaining approval for a particular article.
Miscellaneous Comments
In summary, effective six months after publication of this Final Rule, the FAA
is withdrawing TSO-C91 authorizations for automatic ELT's; therefore, the
TSO-C91 model ELT's may not be manufactured after that date. Current
production of unsold TSO-C91 ELT's for general aviation airplanes is
sufficiently small so that accumulation of inventories is unlikely. This
inventory is expected to be depleted by the time this rule becomes effective.
The preamble to Notice No. 90-11 specifically stated that the FAA proposed to
require installation of an improved ELT that meets the requirements of a
revised TSO, and to terminate approval to use ELT's authorized under the
original TSO-C91. Although the notice stated that the new equipment would be
required for future installations, language to that effect did not appear in the
proposed amendment. To carry out this intent, Sec. 91.207 (a) (1) and (a) (2)
are revised to state that ELT's meeting the applicable requirements of TSO-C91
may no longer be installed.
Another change is being made to paragraph (a) (2) of Sec. 91.207 to correct an
error that inadvertently occurred when former Sec. 91.52 was revised and
renumbered as Sec. 91.207 during the recodification of part 91 in 1990. Former
paragraph (b) (4) of Sec. 91.52 (the predecessor to paragraph (a) (2) of Sec.
91.207) contained a reference to three preceding paragraphs. That is, paragraph
(a) (1) (i) was included in the subject reference. The reference also should have
included paragraphs (a) (1) (ii) and (a) (1) (iii). This correction is effected by
replacing the reference to "(a) (1) (i)" with "(a) (1)", which subsumes all of the
provisions of paragraph (a) (1) into the reference.
With regard to survival ELT's, the TSO authorization withdrawal will become
effective two years after publication of this final rule. The FAA is allowing
additional time for the manufacturers of survival ELT's to begin producing, and
for operators to begin installing, TSO-C91a ELT's. For new installations, the
new requirements included satellite compatibility, crash survivability, and
certain environmental specifications (temperature, water resistance, etc.) that
will provide definite improvement at reasonable costs.
Finally, a change is made to Secs. 121.339, 121.353, 125.209, and 135.167 to
correct inadvertent errors that were made when the applicable parts were
codified in 1971 and 1980. These sections refer to survival ELT's and
specifically describe the timely replacement of transmitter batteries. Currently,
these sections state that the transmitter batteries must be replaced when the
transmitter has been in use for more than one hour and when 50 percent of its
useful life has expired (according to the specific expiration date). The FAA has
always intended and enforced these regulations concerning survival ELT's to
prescribe a change of transmitter batteries when either the battery has been in
use for more than one hour or, when 50 percent of its useful life has expired.
This correction is consistent with Sec. 91.207 regarding automatic ELT's.
Published simultaneously with this rule, the FAA, pursuant to Sec. 21.621 of
the Federal Aviation Regulations, is withdrawing each TSO authorization to
the extent that it authorizes the holder to identify or mark ELT's with TSO-
C91, effective six months after the publication of this rule for automatic ELT's,
and effective two years after publication of this rule for survival ELT's.
Costs-Automatic ELT's
Based on the comments received in response to the NPRM, the FAA has
revised its estimates of the rule's costs. The FAA now estimates that the
incremental selling price of new ELT's will be $125 per unit above those of old
ELT's and that the incremental installation costs will be $150 per unit. The
FAA has also re-estimated automatic ELT acquisitions to 3,500 units annually,
including units installed on new airplanes and replacements on existing
airplanes. Applying these revised estimates to the first 20 years of the rule
(1995-2014), the costs of automatic ELT's will total $19.3 million (or 10.2
million in 1993 dollars at 1994 discounted present value).
Costs-Survival ELT's
Recent efficiencies in production techniques have reduced the costs from those
estimated in the NPRM. As a result, the incremental acquisition cost of
survival ELT's is estimated to total $500 per unit. The FAA estimates that,
during the 1996-2015 evaluation period, 3,081 new survival ELT's will be
installed, costing $1.5 million or $0.8 million, discounted).
Benefits-Automatic ELT's
Benefits-Survival ELT's
Costs and benefits summarized below are for the evaluation period 1995-2015
in terms of 1993 dollars at 1994 discounted present value. Automatic ELT's are
estimated to have incremental costs totaling $10.2 million and benefits of $90.1
million, yielding a benefit-to-cost ratio of 8.8 to 1. Incremental costs of
survival ELT's are estimated to total $0.8 million, requiring the avoidance of
only one fatality in order to be cost-beneficial.
The rule will have little or no impact on trade for either U.S. firms doing
business in foreign countries or foreign firms doing business in the United
States. Foreign air carriers are prohibited from operating between points within
the United States. Therefore, they will not gain any competitive advantage over
U.S. carriers. In international operations, foreign air carriers are not expected to
realize any cost advantage over U.S. carriers because the differential in costs
between the existing and new ELT rule will not be significant enough to have
an adverse impact on the international operations of U.S. carriers. Further,
general aviation operations conducted in the United States are not in any direct
competition with foreign enterprises. For these reasons, the FAA does not
expect that the rule will result in any international trade impact.
Federalism Implications
The regulations herein will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, in accordance with Executive Order 12612, it is
determined that this final rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Conclusion
The FAA has determined that the potential benefits of the regulation outweigh
its potential costs and that it is not a significant regulatory action under
Executive Order 12866. In addition, this rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act. This rule is
considered significant under DOT Regulatory Policies and Procedures (44 FR
11034; February 26, 1979) because it concerns a matter of substantial public
interest. A regulatory evaluation of the rule, including a Regulatory Flexibility
Determination and an International Trade Impact Analysis, has been placed in
the docket. A copy may be obtained by contacting the person identified under
FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 25
14 CFR Part 29
14 CFR Part 91
Air carriers, Aircraft, Aircraft pilots, Airmen, Airplanes, Aviation safety, Air
transportation, Common carriers, Safety Transportation
Air carriers, Aircraft, Airplanes, Airmen, Airspace, Aviation safety, Air taxi,
Air transportation, Airworthiness, Pilots, Safety, Transportation.
Regulatory Information
The Amendments
Authority: 49 U.S.C. App. 1344, 1354 (a), 1355, 1421, 1423, 1424, 1425,
1428, 1429, 1430; 49 U.S.C. 106 (g).
2. Sec. 25.1415 (d) is revised to read as follows:
*****
(d) There must be an approved survival type emergency locator transmitter for
use in one life raft.
*****
Authority: 49 U.S.C. App. 1344, 1354 (a), 1355, 1421, 1423, 1424, 1425,
1428, 1429, 1430; 49 U.S.C. 106 (g).
*****
(d) There must be an approved survival type emergency locator transmitter for
use in one life raft.
Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. app. 1301 (7), 1303, 1344, 1348,
1352-1355, 1401, 1421-1431, 1471, 1472, 1502, 1510, 1522, 2121-2125, 2157,
2158; 49 U.S.C. 106 (g); articles 12, 29, 31, and 32 (a) of the Convention on
International Civil Aviation (61 stat. 1180); E.O. 11514, 35 FR 4247, 3 CFR,
1966-1970 Comp., p.920.
(a) Except as provided in paragraphs (e) and (f) of this section, no person may
operate a U.S.-registered civil airplane unless-
(1) There is attached to the airplane an approved automatic type emergency
locator transmitter that is in operable condition for the following operations:
*****
(2) For operations other than those specified in paragraph (a) (1) of this section,
there must be attached to the airplane an approved personal type or an
approved automatic type emergency locator transmitter that is in operable
condition.
*****
(c)* * *
(2) When 50 percent of their useful life (or, for rechargeable batteries, 50
percent of their useful life of charge) has expired, as established by the
transmitter manufacturer under its approval.
*****
*****
*****
Authority: 49 U.S.C. app. 1354 (a), 1355, 1356, 1357, 1401, 1421-1430, 1472,
1485, and 1502; 49 U.S.C. 106 (g).
(a)* * *
(4) An approved survival type emergency locator transmitter. Batteries used in
this transmitter must be replaced (or recharged, if the battery is rechargeable)
when the transmitter has been in use for more than 1 cumulative hour, or when
50 percent of their useful life (or for rechargeable batteries, 50 percent of their
useful life of charge) has expired, as established by the transmitter
manufacturer under it approval. The new expiration date for replacing (or
recharging) the battery must be legibly marked on the outside of the
transmitter. The battery useful life (or useful life of charge) requirements of
this paragraph do not apply to batteries (such as water-activated batteries) that
are essentially unaffected during probably storage intervals.
*****
*****
*****
11. The authority citation for Part 125 is revised to read as follows:
Authority: 49 U.S.C. app. 1354, 1421-1430, and 1502; 49 U.S.C. 106 (g).
*****
13. The authority citation for Part 135 is revised to read as follows:
Authority: 49 U.S.C. app. 1354 (a), 1355 (a), 1421 through 1431, and 1502; 49
U.S.C. 106 (g).
*****
Footer Information
Issued in Washington, DC, on June 10, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-14677 Filed 6-20-94; 8:45 am]
BILLING CODE 4910-13-M
Comments
Document History
FAA.gov Home | Privacy Policy | Web Policies & Notices | Contact Us | Help