“They got caught”, or they “won't cooperate with a” fishing expedition?
This goes back to the “rule correction” quagmire created when the FAA submitted in Feb. 2015. It was a direct change with no comment period. With this “correction” they stated, “In reviewing these paragraphs, the FAA notes that the regulatory text implies that the equipment must meet all the requirements of the referenced TSOs. As the ADS-B Out rule is a performance-based rule, it was not the FAA's intent to arguably limit operators to only install equipment marked with a TSO in accordance with 14 CFR part 21, subpart O.”
This change causes confusion on two fronts. 1) Who is allowed to install this “rule compliant” equipment?, and 2) How does a manufacturer prove to the Administrator their equipment is “rule compliant”?
“As the ADS-B Out rule is a performance-based rule, it was not the FAA's intent to arguably limit operators to only install equipment marked with a TSO in accordance with 14 CFR part 21, subpart O.” Nowhere have I seen where this is only limited to UAS, LSA or EAB aircraft, nor where it precludes certified aircraft.
Concerning the rule compliance, “In reviewing these paragraphs, the FAA notes that the regulatory text implies that the equipment must meet all the requirements of the referenced TSOs.”
Further in the rule it is stated for UAT equipment,
“(b) After January 1, 2020, and unless otherwise authorized by ATC, no person may operate an aircraft below 18,000 feet MSL and in airspace described in paragraph (d) of this section unless the aircraft has equipment installed that—
(1) Meets the performance requirements in—
(i) TSO-C166b; or
(ii) TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz;
(2) Meets the requirements of § 91.227.”
Given the way the “rule compliant” change was written, I personally wouldn’t vilify NavWorx for what they are doing. Without further guidance, the only way a manufacturer has to prove to the Administrator that their equipment is “rule compliant” is to submit a full TSO package. Maybe they tried an alternate means to show compliance. If, as they have said, the they submitted substantiating engineering data to the FAA to prove “rule compliance”, then I think it would be upon the FAA to prove that the equipment was not “rule compliant.” Instead, it appears the FAA didn’t like that approach and “pulled the plug on them.”
Now, not allowing the FAA into the factory may be another issue.
For those so inclinded, the link to the “rule change” proposal:
https://www.federalregister.gov/doc...rformance-requirements-to-support-air-traffic
Also an early article to the “rule compliance” change,
http://www.suasnews.com/2015/02/faa...-give-experimental-aircraft-more-options/amp/