Wed, Jun 23, 2010
FCC And FAA Rules On 121.5 MHz ELTs Just Don't Gibe
EAA says the Third "Final Report And Order" from the FCC
concerning 121.5 MHz ELTs represents conflicting rules written by
two different federal agencies which will soon place pilots in a
precarious position - being in compliance with one but not the
other.
On June 15 the Federal Communications Commission (FCC) published
in the Federal Register a change to 47 CFR Part 87 that will
"prohibit the certification, manufacture, importation, sale, or
continued use of 121.5 MHz emergency locator transmitters (ELTs)
other than the Breitling Emergency Watch ELT." Meanwhile, the FAA
in 14 CFR Part 91.207, stipulates that U.S.-registered civil
airplanes are required to have an approved automatic type emergency
locator transmitter in operable condition attached to the airplane.
The FAA does not specify either 121.5 or 406 MHz, but the
overwhelming majority of aircraft are equipped with 121.5 MHz
units, meaning they would be in violation of federal law when it
goes into effect 60 days after publication, or August 15, 2010.
EAA has joined an effort with other aviation associations to
prevent this action and is exploring all avenues of action to
address this rule before it goes into effect.
"This regulatory change would impose a substantial and
unwarranted cost on general aviation," said Earl Lawrence, EAA vice
president of industry and regulatory affairs. "And this also
creates a burden for the GA community and those ground-based rescue
units that continue to use the 121.5 frequency to perform searches
and save lives. "At the very least the FCC action is being
conducted without properly communicating with the industry or
understanding the implications of its action," he added.
The FCC rule also highlights the fact that threats to GA can
come from many different agencies, and that agencies outside of the
FAA do not necessarily understand the effects of their actions on
aviation. Both the 121.5 MHz and 406 MHz ELTs meet the FAA's
regulatory requirements if manufactured to the proper technical
standard order. While satellites no longer monitor the 121.5 MHz
frequency as of Feb. 1, 2009, the frequency is monitored by ATC,
the military, and other pilots.
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