[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36545-36546]
[FR Doc No: 2021-14761]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP21--934-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreements--7/1/2021 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5000.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-935-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various July
1 Capacity Releases to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5001.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-936-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 7-1-21 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5009.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-937-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Update Flowthrough Crediting
Mechanism to be effective 8/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5023.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-938-000.
    Applicants: WTG Hugoton, LP.
    Description: Sec.  4(d) Rate Filing: Annual Fuel Retention
Percentage Filing 2021-2022 to be effective 8/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5038.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-939-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 7-1-2021 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5048.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-940-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 7-1-2021 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5053.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-941-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Talos ERT
630204 eff 7-1-2021 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5084.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-942-000.
    Applicants: West Texas Gas, Inc.
    Description: Annual Purchased Gas Cost Reconciliation Report of
West Texas Gas, Inc. under RP21-942.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5137.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-943-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 07-01-2021 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5138.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-944-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Release eff
07-01-2021 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5141.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-945-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Sec.  4(d) Rate Filing: Clean-Up Filing_2021_Title
Page to be effective 8/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5165.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-946-000.
    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Update (Devon) to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5166.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-947-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Clean-Up Filing_2021_Title
Page to be effective 8/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5168.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-948-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Clean-Up Filing_2021_Title
Page to be effective 8/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5169.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-949-000.
    Applicants: LA Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Filing of Negotiated Rate,
Conforming IW Agreements 7.1.21 to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5174.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-950-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Marathon 51753 to Spire 54175) to be effective 7/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5207.
    Comments Due: 5 p.m. ET 7/13/21.

    Docket Numbers: RP21-951-000.
    Applicants: Tennessee Gas Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--McGlobal Gas
Corporation SP331391 & SP326294 to be effective 8/1/2021.
    Filed Date: 7/1/21.
    Accession Number: 20210701-5258.
    Comments Due: 5 p.m. ET 7/13/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 6, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14761 Filed 7-9-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Proposed Rules]
[Pages 59880-59881]
[FR Doc No: 2012-23951]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1221]

Proposed Flood Elevation Determinations for the City of McCleary,
WA

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed rule concerning proposed flood elevation determinations in
the City of McCleary, Washington.

DATES: This withdrawal is effective October 1, 2012.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1221, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 5, 2011, FEMA published a
proposed rulemaking at 76 FR 61649, proposing flood elevation
determinations along one or more flooding sources in the City of
McCleary, Washington. FEMA is withdrawing the proposed rulemaking and
intends to publish a Notice of Proposed Flood Hazard Determinations in
the Federal Register followed by a notice in the affected community's
local newspaper in the near future.

    Authority: 42 U.S.C. 4104; 44 CFR 67.4.

    Dated: September 14, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-23951 Filed 9-28-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Proposed Rules]
[Pages 16795-16796]
[FR Doc No: 2012-6919]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R02-OAR-2012-0032, FRL -9651-4]

Approval and Promulgation of Implementation Plans and Operating
Permits Program; Commonwealth of Puerto Rico; Administrative Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Puerto Rico
Regulations for the Control of Atmospheric Pollution, submitted to EPA
by the Puerto Rico Environmental Quality Board (PREQB) on July 13,
2011. This action proposes to approve revisions to Rules 102, 111, 115,
116, 609 and Appendix A. Generally the revisions to the regulations
involve administrative

changes which improve the clarity of the rules contained in the
Commonwealth's Implementation Plan and Operating Permits Program. They
do not change the emission limitations nor add significant new
requirements. In the ``Rules and Regulations'' section of this Federal
Register, EPA is approving the Commonwealth's SIP submittal as a direct
final rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If EPA receives no adverse comments, EPA will not take further
action on this proposed rule. If EPA receives adverse comments, EPA
will withdraw the direct final rule and it will not take effect. EPA
will address all public comments in a subsequent final rule based on
this proposed rule. The EPA will not institute a second comment period
on this action. Any parties interested in commenting on this action
should do so at this time.

DATES: Written comments must be received on or before April 23, 2012.

ADDRESSES: All comments should be addressed to: Raymond Werner, Chief,
Air Programs Branch, Environmental Protection Agency, Region II Office,
290 Broadway, New York, New York 10007-1866.
    Copies of the State submittal are available at the following
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
Environmental Protection Agency, Region 2 Caribbean Field Office Centro
Europa Building, Suite 417, 1492 Ponce de Leon Avenue, Stop 22,
Santurce, Puerto Rico 00909.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is located in the Rules Section of this Federal
Register.

    Dated: January 30, 2012.
Judith A. Enck,
Regional Administrator Region 2.
[FR Doc. 2012-6919 Filed 3-21-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices]
[Page 41020]
[DOCID:fr19jy06-76]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0349; FRL-8060-6]

Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted an experimental use permit (EUP) to the
following pesticide applicant. An EUP permits use of a pesticide for
experimental or research purposes only in accordance with the
limitations in the permit.

FOR FURTHER INFORMATION CONTACT: Sharlene Matten, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the information in this action,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0349. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. EUP

    EPA has issued the following EUP:
    264-EUP-140. Issuance. Bayer CropScience LP, 2 T. W. Alexander
Drive, Research Triangle Park, NC 27709. This EUP allows the use of
0.071 pounds (32 grams) of the insecticide Bacillus thuringiensis
Cry1Ab protein and the genetic material necessary for its production on
370 acres of Events T303-3 and T304-40 cotton plants to evaluate the
control of cotton bollworm (Helicoverpa zea) and tobacco budworm
(Heliothis virescens). The program is authorized only in the States of
Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina,
and Texas. The EUP is effective from February 7, 2006 to January 31,
2007.

    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: July 10, 2006.
Phil Hutton,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E6-11270 Filed 7-18-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Proposed Rules]
[Pages 5769-5774]
[FR Doc No: 2011-2281]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1174]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this proposed
rule is to seek general information and comment regarding the proposed
regulatory flood elevations for the reach described by the downstream
and upstream locations in the table below. The BFEs and modified BFEs
are a part of the floodplain management measures that the community is
required either to adopt or to show evidence of having in effect in
order to qualify or remain qualified for participation in the National
Flood Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before May 3, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1170, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation**           Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Benton County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Blossom Way Creek...................  At the Osage/Turtle            +1205        +1204  City of Rogers.
                                       Creek confluence.
                                      Approximately 0.4 mile         +1347        +1346  .......................
                                       upstream of 1st Street.
Brush Creek.........................  Approximately 1,530             None        +1095  City of Little Flock,
                                       feet upstream of the                               City of Rogers,
                                       Little Sugar Creek                                 Unincorporated Areas
                                       confluence.                                        of Benton County.
                                      Approximately 1,600             None        +1198  .......................
                                       feet upstream of State
                                       Highway 94 North.
Brush Creek Tributary...............  At the Brush Creek              None        +1114  City of Little Flock.
                                       confluence.
                                      Approximately 0.37 mile         None        +1131  .......................
                                       upstream of the Brush
                                       Creek confluence.
Cross Creek.........................  Approximately 1,875             None        +1249  City of Rogers.
                                       feet downstream of
                                       Willow Ridge Way.
                                      At the upstream side of         None        +1313  .......................
                                       Mills Lane.
Cross Creek Tributary 1.............  At the Cross Creek              None        +1267  City of Rogers.
                                       confluence.
                                      Approximately 1,625             None        +1307  .......................
                                       feet upstream of West
                                       Drive.
Cross Creek Tributary 2.............  At the Cross Creek              None        +1267  City of Rogers.
                                       Tributary 1 confluence.
                                      Approximately 150 feet          None        +1310  .......................
                                       upstream of West Drive.
East Flint Creek....................  At the Flint Creek              None        +1201  Town of Springtown,
                                       confluence.                                        Unincorporated Areas
                                                                                of Benton County.
                                      Approximately 1,830             None        +1211  .......................
                                       feet upstream of
                                       Aubrey Long Road.
East Tributary of Blossom Way Creek.  At the Blossom Way             +1281        +1280  City of Rogers.
                                       Creek confluence.
                                      Approximately 0.41 mile         None        +1303  .......................
                                       upstream of the
                                       Blossom Way Creek
                                       confluence.
Flint Creek.........................  Approximately 0.45 mile         None        +1193  Town of Springtown,
                                       downstream of the                                  Unincorporated Areas
                                       North Flint Creek and                              of Benton County.
                                       East Flint Creek
                                       confluence.
                                      At the North Flint              None        +1201  .......................
                                       Creek and East Flint
                                       Creek confluence.
Little Osage Creek (downstream        Approximately 0.71 mile         None        +1163  City of Bentonville,
 reach).                               downstream of                                      Unincorporated Areas
                                       Southwest Regional                                 of Benton County.
                                       Airport Boulevard.
                                      At the Little Osage             None        +1182  .......................
                                       Creek Tributary 2
                                       confluence.
Little Osage Creek (upstream reach).  Approximately 390 feet          None        +1219  City of Bentonville,
                                       downstream of                                      City of Centerton.
                                       Brookside Road.
                                      Approximately 600 feet          None        +1258  .......................
                                       upstream of the
                                       upstream crossing of
                                       West Fish Hatchery
                                       Road.
Little Osage Creek Tributary 2......  Approximately 210 feet          None        +1182  City of Bentonville,
                                       downstream of                                      Unincorporated Areas
                                       Southwest Opal Road.                               of Benton County.
                                      Approximately 0.5 mile          None        +1268  .......................
                                       downstream of
                                       Southwest I Street.
Little Osage Creek Tributary 2.1....  At the Little Osage             None        +1205  City of Bentonville,
                                       Creek Tributary 2                                  City of Centerton,
                                       confluence.                                        Unincorporated Areas
                                                                                of Benton County.
                                      Approximately 1,510             None        +1244  .......................
                                       feet upstream of
                                       Greenhouse Road.
Little Osage Creek Tributary 2.1.1..  At the Little Osage             None        +1228  City of Centerton.
                                       Creek Tributary 2.1
                                       confluence.
                                      Approximately 0.68 mile         None        +1257  .......................
                                       upstream of the Little
                                       Osage Creek Tributary
                                       2.1 confluence.
Little Osage Creek Tributary 2.1.2..  At the Little Osage             None        +1237  City of Centerton,
                                       Creek Tributary 2.1                                Unincorporated Areas
                                       confluence.                                        of Benton County.
                                      Approximately 0.52 mile         None        +1254  .......................
                                       upstream of the Little
                                       Osage Creek Tributary
                                       2.1 confluence.
North Flint Creek...................  At the Flint Creek              None        +1201  Town of Springtown,
                                       confluence.                                        Unincorporated Areas
                                                                                of Benton County.
                                      Approximately 0.55 mile         None        +1212  .......................
                                       upstream of the Flint
                                       Creek confluence.
Osage Tributary 1...................  At the Osage/Turtle            +1196        +1194  City of Bentonville,
                                       Creek confluence.                                  City of Rogers.

                                      At the downstream side         +1256        +1257  .......................
                                       of Riviera Road.
Osage Tributary 2...................  At the Osage Tributary         +1251        +1256  City of Bentonville,
                                       1 confluence.                                      City of Rogers.
                                      Approximately 1,450             None        +1283  .......................
                                       feet upstream of I-540.
Osage Tributary 3...................  At the Osage Tributary         +1268        +1269  City of Rogers.
                                       1 confluence.
                                      Approximately 1,550             None        +1284  .......................
                                       feet upstream of I-540.
Osage Tributary 4...................  At the Osage/Turtle            +1190        +1189  City of Rogers,
                                       Creek confluence.                                  Unincorporated Areas
                                                                                of Benton County.
                                      Approximately 1,800             None        +1270  .......................
                                       feet upstream of South
                                       Rainbow Road.
Osage/Turtle Creek..................  Approximately 0.47 mile         None        +1152  City of Cave Springs,
                                       downstream of                                      City of Rogers,
                                       Southgate Road.                                    Unincorporated Areas
                                                                                of Benton County.
                                      Approximately 700 feet         +1347        +1346  .......................
                                       upstream of 5th Street.
Superior Tributary to Osage/Turtle    At the Osage/Turtle            +1284        +1288  City of Rogers.
 Creek.                                Creek confluence.
                                      Approximately 50 feet          +1310        +1309  .......................
                                       downstream of
                                       Dixieland Road.
Tributary 1 to Blossom Way Creek....  At the Blossom Way             +1289        +1288  City of Rogers.
                                       Creek confluence.
                                      At the downstream side          None        +1331  .......................
                                       of South 8th Street.
Tributary 2 to Blossom Way Creek....  At the Tributary 1 to          +1302        +1303  City of Rogers.
                                       Blossom Way Creek
                                       confluence.
                                      Approximately 750 feet          None        +1333  .......................
                                       upstream of South 1st
                                       Street.
Turtle Creek Tributary..............  At the Osage/Turtle            +1277        +1276  City of Little Flock,
                                       Creek confluence.                                  City of Rogers.
                                      Approximately 1,580             None        +1352  .......................
                                       feet upstream of 2nd
                                       Street.
Turtle Creek Tributary 1A...........  At the Turtle Creek             None        +1324  City of Rogers.
                                       Tributary confluence.
                                      Approximately 1,050             None        +1355  .......................
                                       feet upstream of West
                                       Easy Street.
Unnamed Tributary to Puppy Creek....  Approximately 370 feet          None        +1273  City of Lowell.
                                       upstream of West
                                       Monroe Avenue.
                                      Approximately 300 feet          None        +1285  .......................
                                       upstream of Links
                                       Drive.
West Tributary to Blossom Way Creek.  At the Blossom Way             +1277        +1276  City of Rogers.
                                       Creek confluence.
                                      Approximately 0.49 mile         None        +1303
                                       upstream of the
                                       Blossom Way Creek
                                       confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Bentonville
Maps are available for inspection at City Hall, 117 West Central Avenue, Bentonville, AR 72712.

City of Cave Springs
Maps are available for inspection at City Hall, 134 North Main Street, Cave Springs, AR 72718.

City of Centerton
Maps are available for inspection at City Hall, 290 Main Street, Centerton, AR 72719.

City of Little Flock
Maps are available for inspection at City Hall, 1500 Little Flock Drive, Rogers, AR 72756.

City of Lowell
Maps are available for inspection at City Hall, 216 North Lincoln Street, Lowell, AR 72745.

City of Rogers
Maps are available for inspection at City Hall, 301 West Chestnut Street, Rogers, AR 72756.

Town of Springtown
Maps are available for inspection at the Town Hall, 12055 Wasson Road, Springtown, AR 72734.

                                      Unincorporated Areas of Benton County
Maps are available for inspection at the Benton County Administration Building, 215 East Central Avenue,
 Bentonville, AR 72712.
----------------------------------------------------------------------------------------------------------------

                                 White County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Griffith Lake.......................  Entire shoreline within         None         +391  City of Carmi.
                                       community.
Little Wabash River.................  Approximately 0.7 mile          +376         +377  City of Carmi,
                                       upstream of County                                 Unincorporated Areas
                                       Highway 23.                                        of White County.
                                      At County Road 1200             +379         +381  .......................
                                       East (Lowe Road).
Old Channel Wabash River............  Approximately 0.82 mile         None         +386  City of Grayville.
                                       downstream of Mulberry
                                       Street extended.
                                      Approximately 250 feet          None         +386  .......................
                                       downstream of North
                                       Street extended.
Unnamed Ponding Area................  Entire area of ponding          None         +398  City of Carmi,
                                       north of the abandoned                             Unincorporated Areas
                                       railroad.                                          of White County.
Unnamed Tributary to Little Wabash    At the upstream side of         +377         +379  City of Carmi,
 River.                                College Boulevard.                                 Unincorporated Areas
                                                                                of White County.
                                      At the downstream side          None         +394  .......................
                                       of the abandoned
                                       railroad
                                       (approximately 1.94
                                       miles upstream of the
                                       Little Wabash River
                                       confluence).
Unnamed Tributary to Little Wabash    At the Unnamed                  None         +380  City of Carmi,
 River, West Branch.                   Tributary to Little                                Unincorporated Areas
                                       Wabash River                                       of White County.
                                       confluence.
                                      At the downstream side          None         +383  .......................
                                       of Fairground Road.
Wabash River........................  Approximately 0.51 mile         None         +374  Village of Maunie.
                                       downstream of County
                                       Road 1100 North (Emma
                                       Street) extended.
                                      Approximately 480 feet          None         +375  .......................
                                       upstream of County
                                       Road 1100 North (Emma
                                       Street) extended.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Carmi
Maps are available for inspection at City Hall, 225 East Main Street, Carmi, IL 62821.

City of Grayville
Maps are available for inspection at City Hall, 122 South Court Street, Grayville, IL 62844.

                                      Unincorporated Areas of White County
Maps are available for inspection at the White County Courthouse, 301 East Main Street, Carmi, IL 62821.

Village of Maunie
Maps are available for inspection at the Village Hall, 328 Sheridan Street, Maunie, IL 62861
----------------------------------------------------------------------------------------------------------------
Missouri River......................  At the Atchison County          None         +797  City of Elwood, City of
                                       boundary.                                          Wathena, City of White
                                                                                Cloud, Iowa Tribe of
                                                                                Kansas And Nebraska,
                                                                                Unincorporated Areas
                                                                                of Doniphan County.
                                      Approximately 1.7 miles         None         +858  .......................
                                       upstream of Main
                                       Street.
Peters Creek........................  At the Missouri River           +811         +813  Unincorporated Areas of
                                       confluence.                                        Doniphan County, City
                                                                                of Wathena.
                                      At the upstream side of         +812         +813  .......................
                                       Chicago Rock Island
                                       and Pacific Railroad.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Elwood
Maps are available for inspection at City Hall, 207 North 6th Street, Elwood, KS 66024.

City of Wathena
Maps are available for inspection at City Hall, 206 Saint Joseph Street, Wathena, KS 66090.

City of White Cloud
Maps are available for inspection at City Hall, 2017 Main Street, White Cloud, KS 66094.

Iowa Tribe of Kansas and Nebraska
Maps are available for inspection at 3345 B Thrasher Road, White Cloud, KS 66094.

                                     Unincorporated Areas of Doniphan County
Maps are available for inspection at 120 East Chesnut Street, Doniphan County Courthouse, Troy, KS 66087.
----------------------------------------------------------------------------------------------------------------
                                 Blair County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Bells Gap Run.......................  At the downstream side          None        +1044  Borough of Bellwood.
                                       of Becker Road.
                                      At the upstream side of         None        +1067  .......................
                                       Becker Road.
Blair Gap Run.......................  Approximately 0.59 mile         None        +1136  Township of Allegheny.
                                       upstream of Mill Road.
                                      Approximately 0.69 mile         None        +1141  .......................
                                       upstream of Mill Road.
Blair Gap Run.......................  Approximately 975 feet          None        +1019  Township of Allegheny.
                                       upstream of the
                                       railroad.
                                      Approximately 890 feet          None        +1022  .......................
                                       downstream of 2nd
                                       Avenue.
Brush Run...........................  At the upstream side of         None        +1096  Township of Logan.
                                       17th Street.
                                      Approximately 149 feet          None        +1098  .......................
                                       upstream of 17th
                                       Street.
Burgoon Run.........................  Approximately 405 feet          None        +1132  Township of Logan.
                                       upstream of Oak Avenue.
                                      Approximately 585 feet          None        +1135  .......................
                                       upstream of Oak Avenue.
Cabbage Creek.......................  Approximately 745 feet         +1223        +1222  Township of Taylor.
                                       upstream of Main
                                       Street.
                                      Approximately 975 feet         +1224        +1223  .......................
                                       upstream of Main
                                       Street.
Clover Creek........................  Approximately 130 feet         +1075        +1072  Township of Huston,
                                       upstream of Private                                Township of Woodbury.
                                       Drive.
                                      Approximately 700 feet         +1075        +1074  .......................
                                       upstream of Private
                                       Drive.
Frankstown Branch Juniata River.....  Approximately 1,855             +998         +995  Township of Freedom.
                                       feet downstream of
                                       State Route 36
                                       (Woodbury Pike).
                                      Approximately 1,050             +999         +998  .......................
                                       feet downstream of
                                       State Route 36
                                       (Woodbury Pike).
Halter Creek........................  Approximately 709 feet         +1143        +1144  Borough of Roaring
                                       downstream of Mountain                             Spring.
                                       Street.
                                      Approximately 479 feet         +1144        +1146  .......................
                                       downstream of Mountain
                                       Street.
Laurel Run..........................  Approximately 1,025             None        +1016  Township of Snyder.
                                       feet upstream of
                                       Clite's Road.
                                      Approximately 1,045             None        +1017  .......................
                                       feet upstream of
                                       Clite's Road.
Little Juniata River................  Approximately 1,415             None        +1081  Township of Logan.
                                       feet downstream of the
                                       Homer Gap Run
                                       confluence.
                                      Approximately 1,205             None        +1081  .......................
                                       feet downstream of the
                                       Homer Gap Run
                                       confluence.
Mill Run............................  At the downstream side         +1051        +1052  City of Altoona.
                                       of 58th Street.
Poplar Run..........................  Approximately 550 feet          None        +1234  Township of Freedom.
                                       upstream of Poplar Run
                                       Road.
                                      Approximately 780 feet          None        +1239  .......................
                                       upstream of Poplar Run
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Borough of Bellwood
Maps are available for inspection at the Borough Hall, 400 North 1st Street, Bellwood, PA 16617.

Borough of Roaring Spring
Maps are available for inspection at the Borough Building, 616 Spang Street, Roaring Spring, PA 16673.

City of Altoona
Maps are available for inspection at City Hall, 1301 12th Street, Suite 300, Altoona, PA 16601.

Township of Allegheny
Maps are available for inspection at the Allegheny Township Building, 3131 Colonial Drive, Duncansville, PA
 16635.

Township of Freedom
Maps are available for inspection at the Freedom Township Building, 131 Municipal Street, East Freedom, PA
 16637.

Township of Huston
Maps are available for inspection at the Huston Township Office, 1538 Sportsman Road, Martinsburg, PA 16662.

Township of Logan
Maps are available for inspection at the Logan Township Building, 100 Chief Logan Circle, Altoona, PA 16602.

Township of Snyder
Maps are available for inspection at the Snyder Township Building, 108 Baughman Hollow Road, Tyrone, PA 16686.

Township of Taylor
Maps are available for inspection at the Taylor Township Municipal Building, 1002 Route 36, Roaring Spring, PA
 16673.

Township of Woodbury
Maps are available for inspection at the Woodbury Township Building, 6385 Clover Creek Road, Williamsburg, PA
 16693.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: January 24, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-2281 Filed 2-1-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27928-27931]
[FR Doc No: 2022-09936]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2022-0619]

Statement of Policy on Performance Requirements for Operators of
Aircraft That Are Equipped With Automatic Dependent Surveillance-
Broadcast (ADS-B) Out

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: This action announces revisions to the FAA's policy on
performance requirements for aircraft with Automatic Dependent
Surveillance-Broadcast (ADS-B) Out equipment using the Selective
Availability (SA)-Aware receivers in ADS-B rule airspace. The FAA will
no longer expect aircraft with this equipment to perform a preflight
availability prediction before operating in ADS-B rule airspace.

DATES: The policy described herein is effective May 10, 2022.

FOR FURTHER INFORMATION CONTACT: For technical information concerning
this action, contact James Marks, Flight Technologies and Procedures
Division, Aviation Safety, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Action

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). 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.
    The ADS-B Out equipage and performance requirements in Sec. Sec.
91.225 (Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment and use) and 91.227 (Automatic Dependent Surveillance-
Broadcast (ADS-B) Out equipment performance requirements) of title 14
of the Code of Federal Regulations (14 CFR) were promulgated under the
authority described in Subtitle VII, Part A, Subpart I, Section 40103
(Sovereignty and Use of Airspace) and in Subpart III, Section 44701
(General Requirements). Under Section 40103, the FAA is charged with
prescribing regulations on the flight of aircraft (including
regulations on safe altitudes) for navigating, protecting, and
identifying aircraft and the efficient use of the navigable airspace.
Under section 44701, the FAA is charged with promoting safe flight of
civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce.
    In Sec.  91.227, the FAA set forth the ADS-B Out equipment
performance requirements including accuracy and integrity performance
standards. This policy statement is within the scope of the FAA's
authority and informs operators equipped with Selective Availability
(SA)-Aware receivers about a change to the FAA policy requiring they
perform preflight availability predictions to ensure their avionics
broadcast elements required by Sec.  91.227 as part of their Sec.
91.103 (Preflight Action) obligations.

I. Background

    In 2010, the FAA issued a final rule prescribing equipage
requirements and performance standards for ADS-B Out avionics on
aircraft operating in certain airspace after January 1, 2020.\1\ ADS-B
Out is an advanced surveillance technology that combines an aircraft's
position source, other aircraft avionics, and a ground receiver
infrastructure to create an accurate and shared surveillance picture
between aircraft and air traffic control (ATC). ADS-B Out provides air
traffic controllers with real-time position information that is, in
most cases, more accurate than the information available with current
radar-based systems. With more accurate information, ATC will be able
to position and separate aircraft with improved precision and timing so
that efficiency and capacity will increase beyond current levels to
meet the predicted demand for ATC services while maintaining or
improving safety.
---------------------------------------------------------------------------

    \1\ Final Rule, Automatic Dependent Surveillance-Broadcast (ADS-
B) Out Performance Requirements to Support Air Traffic Control
(ATC), 75 FR 30160 (May 28, 2010).
---------------------------------------------------------------------------

ADS-B Position Sources

    Aircraft with ADS-B Out equipment continually broadcast
information, such as identification, position, altitude, and velocity,
through an onboard transmitter, which can be received by ADS-B ground
stations (or satellite receivers) and by other aircraft appropriately
equipped to receive this information. The ADS-B Out rule specifies the
aircraft's ADS-B Out equipment performance requirements for each flight
in rule airspace rather than requiring any particular type of position
source. All currently approved position sources rely on a Global
Positioning System (GPS) receiver.\2\ The quality of each type of
receiver can be described by its ``rule performance'' availability,
which means the GPS receiver's ability to achieve the performance
requirements of Sec.  91.227(c)(1)(i) and (iii) for navigation accuracy
category for position (NACp) and navigation integrity category (NIC).
Technical Standard Order (TSO)-C166b and TSO-C154c contain the avionics
standards for outputting NACp and NIC.
---------------------------------------------------------------------------

    \2\ GPS is a specific type of Global Navigation Satellite System
(GNSS).
---------------------------------------------------------------------------

FAA ADS-B Service Availability Prediction Tool (SAPT)

    The ADS-B Service Availability Prediction Tool (SAPT) is a
preflight resource developed by the FAA, that predicts the ability of
standard GPS receivers to meet the requirements of Sec.
91.227(c)(1)(i) and (iii) along a given route of flight. This
prediction is based on the ability of the aircraft's position source
(e.g., GPS receiver) to meet ADS-B performance requirements based on
the type of GPS receiver (FAA TSOs C129, C129a, C145c/C146c, and C196)
and the predicted status of the GPS constellation. The SAPT also
evaluates if backup surveillance is available where position source
performance is predicted to fall below requirements.\3\ The ADS-B SAPT
is primarily intended for pilots, dispatchers, and commercial operators
to verify their predicted position source performance before flight and
ensure compliance with the ADS-B Out rule.\4\
---------------------------------------------------------------------------

    \3\ FAA plans to begin divesture of some radar infrastructure as
part of the transition to a satellite-based navigation and
surveillance system. During the period from 2020 to 2025, FAA's
planned radar divestures will focus primarily on eliminating
redundant/overlapping radars.
    \4\ For more information on the SAPT, the FAA has developed the
ADS-B SAPT/Receiver Autonomous Integrity Monitoring (RAIM) User
Guide, which is available at: https://sapt.faa.gov/adsb-start.php.
---------------------------------------------------------------------------

Exemption No. 12555

    In April 2015, Airlines for America (A4A) petitioned the FAA, on
behalf of

A4A member airlines, for an exemption from the Navigation Accuracy
Category for Position (NACp) and Navigation Integrity Category (NIC)
requirements of the rule. A key premise of the exemption was an
understanding that certain position sources were more likely than
others to not perform at the required level established by the ADS-B
Out rule. In August 2015, the Administrator issued Exemption No.
12555,\5\ a time-limited grant of exemption from Sec.  91.227(c)(1)(i)
and (iii) for the period from January 1, 2020, through December 31,
2024. Exemption 12555 permits operation of aircraft equipped with TSO-
C129 (SA-On) and TSO-C196 (SA-Aware) in ADS-B Out rule airspace during
periods when the GPS position provided to the installed ADS-B Out
equipment does not achieve the required accuracy or integrity
performance, provided certain conditions and limitations are met.
Additionally, Exemption 12555 does not require aircraft equipped with
SA-Aware GPS receivers to use a preflight availability prediction tool.
---------------------------------------------------------------------------

    \5\ Regulatory Docket Number FAA-2015-0971 (FAA Exemption No.
12555) at https://www.regulations.gov/docket/FAA-2015-0971.
---------------------------------------------------------------------------

2019 Policy Statement

    On July 3, 2019, the FAA published a Federal Register document with
its policy on performance requirements for operators equipped with ADS-
B Out, including those equipped with a SA-Aware position source.\6\ The
FAA found that Wide Area Augmentation System (WAAS) \7\ was the only
GPS position source that consistently provided the equivalent
availability to radar at 99.9 percent availability.\8\ The FAA also
believed that SA-Aware receivers could meet a similar 99.9 percent
availability as long as there was no significant reduction in the GPS
satellite constellation. Given since the data at the time of
publication of the 2019 policy was limited, the FAA determined that
aircraft equipped with GPS position sources such as Selective Ability-
On (SA-On or SA-Aware were more likely to experience performance
outages that limited their access to the airspace defined in the ADS-B
rule.
---------------------------------------------------------------------------

    \6\ Statement of Policy on Performance Requirements for
Operators of Aircraft That are Equipped with ADS-B Out, 84 FR 31713
(July 3, 2019).
    \7\ WAAS is a regional a space-based augmentation system (SBAS)
operated by the FAA.
    \8\ FAA also determined that certain GPS tightly integrated with
inertial navigation systems would also provide 99.9 percent
availability.
---------------------------------------------------------------------------

    The 2019 policy statement reiterated Sec.  91.103's requirement
that pilots become familiar with all available information concerning a
flight. The FAA explained that given the previously identified
limitations of SA-On and SA-Aware receivers, the use of a preflight
prediction tool is a reliable way of satisfying due diligence
requirements under Sec.  91.103. Therefore, these operators were
required to confirm that a planned route of flight would comply with
the ADS-B performance requirements in Sec.  91.227(c)(1)(i) and (iii).
Operators could use any reliable preflight prediction tool, with the
SAPT providing a comprehensive and reliable preflight prediction for
operators. The policy statement explained that for operators who had
been notified by the FAA of consistent and repeated ADS-B Out
performance issues, conducting an operation in accordance with the
policy without first redressing the identified non-performance issue
would be considered a continuation of the non-compliance with the
performance requirements. Also, if an operator failed to conduct a
preflight availability prediction for the operator's intended operation
and subsequently encountered degradation of GPS performance that
resulted in the aircraft falling below the performance requirements of
Sec.  91.227(c)(1)(i) and (iii), that operator would be deemed to have
violated the ADS-B rule--even if the operator's flight were to be
rerouted due to unforeseen circumstances.

Performance Based Operations Aviation Rulemaking Committee (PARC)
Exemption 12555 Action Team

    In August 2020, the FAA tasked the PARC to form an action team
comprised of industry stakeholders and FAA subject matter experts to
report on the following:
    1. Identify barriers and appropriate mitigations to air carrier
Exemption 12555 equipage plans that lead to full compliance with Sec.
91.227; and
    2. Describe status of applicable equipment availability relative to
achievement of operator equipage plans toward end state of Exemption
12555 on December 31, 2024.
    The PARC provided a forum for the U.S. aviation community to
discuss, prioritize, and resolve issues, provide direction for U.S.
flight operations criteria and produce U.S. consensus positions for
global harmonization on performance-based airspace operations. The PARC
action team requested that the FAA provide a report on ADS-B Out
equipped aircraft with approved position sources and their ability to
meet the equivalent operational availability of radar (99.9% or greater
availability requirement). In addition to the 4 years of data used to
support the 2019 policy document, an additional 3 years of position
source performance data was given to the PARC action team to analyze.
    FAA analysis and prior modeling in support of the ADS-B Aviation
Rulemaking Committee indicated that the critical ADS-B quality
parameter was the NIC parameter defined in Sec.  91.227(c)(1)(iii). FAA
data indicated a historical operational availability with regard to
required NIC rule performance for the following ADS-B position source
types:
--SA-On GPS receivers achieved between 98-99% operational availability;
--SA-Aware GPS receivers achieved 99.9%, or greater, operational
availability; and
--Satellite-Based-Augmentation System (SBAS) receivers achieved 99.9%,
or greater, operational availability

    In consideration of these findings, the PARC Exemption 12555 action
team recommended removing the requirement for aircraft equipped with
SA-Aware GPS receivers to use a preflight availability prediction tool
(e.g., the Service Availability Prediction Tool (SAPT)).
    The FAA agrees that the demonstrated performance of SA-Aware GPS
receivers has been equivalent to, or better than, a single radar since
the FAA began monitoring ADS-B performance in 2015. Years of additional
data and assurances that the GPS constellation will remain at current
levels have given the FAA confidence that SA-Aware GPS receivers will
consistently provide the availability required by the ADS-B regulation.
The FAA accepts any residual risk associated with SA-Aware GPS receiver
performance falling below the regulatory requirement. As such, the FAA
is adopting the subject PARC Exemption 12555 action team recommendation
and is revising preflight policy issued in 2019 for aircraft equipped
with SA-Aware GPS receivers in this document.

II. Discussion of the Policy

Preflight Availability Prediction Policy

    Given the demonstrated performance of SA-Aware (TSO-C196) GPS
receivers over a seven-year monitoring period and the expectation that
the GPS constellation will provide coverage at current levels for the
foreseeable future, the FAA now finds that such GPS receivers
consistently provide an equivalent availability to that of a single
radar at 99.9 percent operational availability. Aircraft equipped with
SA-Aware GPS receivers during periods of GPS constellation degradation
that negatively impact the ability of ADS-B

Out equipment to meet performance requirements associated with the rule
will be deemed compliant with the ADS-B Out rule requirements.
Therefore, the operators of aircraft equipped with position sources
that meet the performance requirements of TSO-C196 (SA-Aware) is not
required to perform a preflight availability prediction to fulfill
their Sec.  91.103 due diligence obligation. For aircraft equipped with
GPS receivers that do not meet the performance requirements of TSO-196
or TSO-C145/146, the operator must run a preflight prediction.
    Due to the reduced performance of SA-On receivers relative to ADS-B
rule requirements, operators of aircraft with these receivers are
expected to use a preflight availability prediction tool to predict the
ability of an aircraft position source to meet the performance
requirements of Sec.  91.227(c)(1)(i) and (iii) along a given route of
flight. For non-exemption holders with SA-On receivers and exemption
holders after expiration of Exemption 12555, a preflight availability
prediction tool should be used to comply with Sec.  91.103 due
diligence requirements for a planned route of flight in ADS-B rule
airspace. If the predicted SA-On receiver performance does not support
compliance with Sec.  91.227 for the proposed flight, the FAA expects
operators to adjust the flight plan (e.g., departure time, route) as
needed to avoid any areas or time periods predicted with degraded GPS
performance. Holders of Exemption 12555 are expected to follow the
conditions of that exemption until it expires on December 31, 2024.
    After an operator receives a satisfactory preflight availability
prediction for an intended operation, there may be certain conditions
that warrant a subsequent prediction. For example, a change in
departure time or a change in the satellite constellation as indicated
by a Notice to Air Missions (NOTAM) may have an effect on the predicted
GPS performance for the intended operation. If an operator becomes
aware of a change that could result in degraded GPS performance prior
to receiving an initial ATC clearance for the intended route of flight,
the operator should--consistent with preflight action required by Sec.
91.103--conduct a subsequent preflight availability prediction for the
planned flight to ensure that GPS performance is still predicted to
comply with the performance requirements of Sec.  91.227(c)(1)(i) and
(iii).
    The duty under Sec.  91.103 to conduct a subsequent preflight
availability prediction for an intended route of flight will cease once
an operator receives an ATC route clearance for the intended operation.
More specifically, if an operator receives a satisfactory preflight
availability prediction and an ATC route clearance for the intended
operation, the FAA will consider the operator as having exercised its
due diligence in ensuring the intended operation complies with the
performance requirements in Sec.  91.227. Therefore, upon receiving a
satisfactory preflight availability prediction and an ATC clearance for
an intended route of flight, the operator will be deemed to have
complied with the preflight availability prediction requirement and the
performance requirements of Sec.  91.227(c)(1)(i) and (iii).
    The FAA recognizes that there are circumstances outside the
operator's control that may result in unanticipated changes to an
operator's planned route of flight, which may cause temporary degraded
GPS performance and technical noncompliance with Sec.  91.227(c)(1)(i)
and (iii). For example, ATC will continue to exercise its
responsibility for the safe and efficient movement of air traffic,
including changes to the routing of traffic to achieve those
objectives. In addition, a planned route of flight may be changed due
to environmental conditions, such as a thunderstorm, or an operator may
experience unexpected GPS degradations during flight. After an ATC
route clearance is obtained for the flight, the FAA does not expect an
operator to conduct a subsequent preflight availability prediction to
accommodate rerouting caused by ATC or environmental conditions.
    The FAA notes that the policy described above applies only to those
operators who have exercised due diligence required in Sec.  91.103 by
performing a preflight availability prediction. For example, if an
operator fails to conduct a required preflight availability prediction
for the operator's intended operation and subsequently encounters
technical non-compliance with the performance requirements of Sec.
91.227(c)(1)(i) and (iii), that operator will be deemed to have
violated the ADS-B rule even if the operator's flight were rerouted due
to unforeseen circumstances.
    When an operator performs a preflight availability prediction using
the FAA's SAPT tool, the SAPT retains a record of each transaction
enabling the FAA to confirm that an operator took preflight action. The
FAA recommends that operators using an alternate tool retain
documentation that verifies the completion of the satisfactory
preflight availability prediction for each intended route of flight.
The FAA recommends that the prediction should be done not more than 24
hours prior to the planned departure. Predictions using SAPT to
determine the availability of backup surveillance per Exemption 12555
should be done within the 3 hours prior to a planned departure.

GPS Interference

    There may be times when the GPS position source cannot meet the
required technical performance due to planned GPS interference. In the
event of a scheduled interference outage of GPS, the FAA will issue a
NOTAM that identifies the airspace and time periods that may be
affected by the interference. The affected area will frequently
encompass a large radius of ADS-B Out rule airspace. The FAA finds that
requiring operators to avoid the affected area would cause significant
disruption to air traffic in that vicinity. Furthermore, there is no
guarantee that these operators would experience actual interference and
a degradation in GPS performance in the area. For these reasons, the
FAA has determined that it would be impractical and not in the public
interest to require operators to avoid the affected area based on the
chance that an otherwise compliant flight could experience GPS
interference.
    Accordingly, operators should proceed with their intended operation
if the only anticipated ADS-B noncompliance would be due to the planned
GPS interference. Under this policy, an operator who is required to
perform a preflight availability prediction for the intended route of
flight is still required to obtain a satisfactory preflight
availability prediction. When a NOTAM identifies the airspace and time
periods that may be affected by GPS interference, an operator will not
be required to alter his or her route of flight to avoid the area based
solely on that NOTAM. As explained in the preamble to the final rule,
if an aircraft's avionics meet the performance requirements but
unexpected GPS degradations during flight inhibit the position source
from providing adequate accuracy and integrity, ATC will be alerted via
the aircraft's broadcasted data and services will be provided to that
aircraft using the backup strategy. If an operator encounters actual
GPS interference during their flight that results in a degradation of
ADS-B Out performance, the policy described above will apply provided
the operator has taken the appropriate preflight actions.

SAPT Outages

    As noted, certain operators are required to use a preflight
availability prediction tool prior to a planned flight. Some operators
will use the FAA SAPT for this purpose. The FAA intends that SAPT will
be continuously available to operators. However, because unexpected
circumstances could lead to a SAPT outage, the inability to access the
tool could have an adverse impact on operators with SA-On receivers. As
previously noted in Advisory Circular (AC) 90-114, ADS-B Operations,
ATC will issue a NOTAM announcing when the SAPT is not available.
    The FAA understands that a SAPT outage prevents those operators who
hold relief under Exemption No. 12555 from confirming the availability
of back-up surveillance as required under the exemption's conditions
and limitations.\9\ It also reduces the ability of non-exemption
holders without their own preflight availability prediction tool to
determine that a particular operation will meet the performance
requirements prior to conducting an operation. The unavailability of
the SAPT for brief periods would result in operators having to choose
between conducting flights that might result in non-compliance or not
conducting an operation that might have complied with ADS-B Out rule
performance. The FAA does not intend to inhibit operators from
conducting otherwise permissible operations when the SAPT is
unavailable. As such, when there is a SAPT outage, the policy described
above will apply to operators who rely on the SAPT if their operation
falls below the performance requirements.
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    \9\ The FAA anticipates that any outage would be of short
duration and any potential risk would be minimal because, concurrent
with the outage, GPS performance would have to fall below rule
values on the route of flight and radar coverage would have to be
unavailable at the same time and location.
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III. Summary

    Unless otherwise authorized by ATC, all aircraft operating in the
airspace identified in Sec.  91.225 must comply with the ADS-B Out
performance requirements in Sec.  91.227. Under the FAA's revised
policy, aircraft equipped with SA-Aware GPS receivers described in this
document are not required to perform a preflight service availability
prediction, including those aircraft not covered by Exemption 12555.
Aircraft equipped with SA-On receivers should continue performing
preflight availability predictions and can use the guidance contained
in AC 90-114, ADS-B Operations, when conducting preflight actions for
operations planned within airspace described in Sec.  91.225. Holders
of Exemption 12555 must continue to meet the conditions and limitations
associated with the exemption. Holders of Exemption 12555 should revise
applicable equipage plans to reflect any changes affected by policy
contained in this document and submit revised plans to the FAA per
conditions specified by the exemption.
    As described in this document, there are circumstances outside of
an operator's control that may result in a temporary degradation of GPS
performance and an apparent violation of Sec.  91.227. An operator may
exercise due diligence in performing a preflight availability
prediction for its intended route of flight but experience rerouting by
ATC after obtaining an initial ATC route clearance, which may cause an
unanticipated degradation of performance. Additionally, an operator may
encounter actual GPS interference on its intended path of flight, which
would affect the ability of an aircraft to meet the performance
requirements of Sec.  91.227. Lastly, an operator may not be able to
complete a preflight availability prediction for its intended route of
flight due to the FAA's SAPT being out of service. As previously
explained, the FAA recognizes that these situations are outside of the
operator's control. Therefore, the FAA will not take legal enforcement
action for apparent noncompliance with Sec.  91.227 due to the
circumstances discussed in this document to the extent such an
application would impose a standard of conduct wholly outside the
operator's control.

IV. Effective Date

    Policy in this document is effective immediately and supersedes
policy contained in FRN Docket No. FAA-2019-0539. Additional
information on the policy described in this document will be contained
in the next revision of AC 90-114, ADS-B Operations.

    Issued in Washington, DC, on May 4, 2022.
Gregory E. Schwab,
Acting Chief of Staff, Air Traffic Organization.
[FR Doc. 2022-09936 Filed 5-9-22; 8:45 am]
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