(4)
 Except as provided in paragraph (e) of this section, Class E airspace within the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(5)
 Class E airspace at and above 3,000 feet MSL over the Gulf of Mexico from the coastline of the United States out to 12 nauti-cal miles.

(e)
The requirements of paragraph (b) of this section do not apply to any aircraft that was not originally certi.cated with an electrical system, or that has not subsequently been certi.ed with such a system installed, including balloons and gliders. These air-craft may conduct operations without ADS-B Out in the airspace speci.ed in paragraphs (d)(2) and (d)(4) of this section. Opera-tions authorized by this section must be conducted—

(1)
 Outside any Class B or Class C airspace area; and

(2)
 Below the altitude of the ceiling of a Class B or Class C air-space area designated for an airport, or 10,000 feet MSL, which-ever is lower.

(f)
Each person operating an aircraft equipped with ADS-B Out must operate this equipment in the transmit mode at all times.

(g)
Requests for ATC authorized deviations from the require-ments of this section must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods speci.ed as follows:

(1)
 For operation of an aircraft with an inoperative ADS-B Out, to the airport of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.

(2)
 For operation of an aircraft that is not equipped with ADS-B Out, the request must be made at least 1 hour before the pro-posed operation.

(h)
The standards required in this section are incorporated by reference with the approval of the Director of the Of.ce of the Fed-eral Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved materials are available for inspection at the FAA’s Of.ce of Rulemaking (ARM-1), 800 Independence Avenue, SW, Wash-ington, DC 20590 (telephone 202-267-9677), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_ regulations/ibr_locations.html
This material is also available from the sources indicated in para-graphs (h)(1) and (h)(2) of this section.
(1) Copies of Technical Standard Order (TSO)-C166b, Extended Squitter Automatic Dependent Surveillance-Broadcast (ADS-B) and Traf.c Information Service-Broadcast (TIS-B) Equip-ment Operating on the Radio Frequency of 1090 Megahertz (MHz) (December 2, 2009) and TSO-C154c, Universal Access Transceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B) Equipment Operating on the Frequency of 978 MHz (December 2, 2009) may be obtained from the U.S. Department of Transportation, Subsequent Distribution Of.ce, DOT Ware-house M30, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785; telephone (301) 322-5377. Copies of TSO-C166B and TSO-C154c are also available on the FAA’s Website, at:
http://www.faa.gov/aircraft/air_cert/design_approvals/tso/
Select the link “Search Technical Standard Orders.”
(2) Copies of Section 2, Equipment Performance Requirements and Test Procedures, of RTCA DO-260B, Minimum Operational Performance Standards for 1090 MHz Extended Squitter Auto-matic Dependent Surveillance-Broadcast (ADS-B) and Traf.c Information Services-Broadcast (TIS-B), December 2, 2009 (ref-erenced in TSO-C166b) and Section 2, Equipment Performance Requirements and Test Procedures, of RTCA DO-282B, Minimum Operational Performance Standards for Universal Access Trans-ceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS-B), December 2, 2009 (referenced in TSO C-154c) may be obtained from RTCA, Inc., 1828 L Street, NW, Suite 805, Wash-ington, DC 20036-5133, telephone 202-833-9339. Copies of RTCA DO-260B and RTCA DO-282B are also available on RTCA Inc.’s Website, at:

http://www.rtca.org/onlinecart/allproducts.cfm
[Docket No. FAA–2007–29305, 75 FR 30193, May 28, 2010]
Add Section 91.227 to read as follows:
§91.227 Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment performance requirements.
(a) De.nitions. For the purposes of this section:
ADS-B Out is a function of an aircraft’s onboard avionics that periodically broadcasts the aircraft’s state vector (3-dimensional position and 3-dimensional velocity) and other required informa-tion as described in this section.
Navigation Accuracy Category for Position (NACp) speci.es the accuracy of a reported aircraft’s position, as de.ned in TSO-C166b and TSO-C154c.
Navigation Accuracy Category for Velocity (NACv) speci.es the accuracy of a reported aircraft’s velocity, as de.ned in TSO-C166b and TSO-C154c.
　
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