Content area
Abstract
"Longstanding federal law, rules and precedent have [led] to a process where Federal agencies identify a problem, gather data, propose a well-defined solution, receive public comments on the proposal, revise the proposal accordingly and issue a final rule," NATA said. "With this rulemaking, the FCC has stood that process on its head. The Commission has identified an issue, the cessation of satellite monitoring of 121.5 MHz ELTs, and issued a vague rulemaking proposal asking for generalized data while emphasizing that its final objective has been determined, a transition away from 121.5 MHz ELTs."
AOPA added, "Should the FCC take actions to discourage or ban the manufacture or use of 121.5 MHz ELTs, it would create a conflict with 49 U.S.C. § 4471214 and 14 C.F.R. § 91.207, which permit pilots to use 121.5 MHz ELTs. These provisions were adopted as the result of considered deliberation by the foremost federal regulatory experts on aviation safety. Given pilots' obvious need for uniformity of federal policy on ELTs, the FCC should defer to the FAA, avoid a conflict with laws governing aviation safety, and desist from issuing any rules discouraging the use of 121.5 MHz ELTs."
The Experimental Aircraft Association (EAA) said it "strongly opposes the FCC notice to discontinue the sale, installation or use of 121.5 MHz ELTs or any proposal that would mandate the use of a particular technology such as 406 MHz ELTs. The FCC goal of discontinuing the certification of new 121.5 MHz ELTs was accomplished by Federal Aviation Administration nearly a year ago with the cancellation of TSO-C91a and adoption of 406 MHz technology is already occurring on a voluntary basis as older 121.5 MHz units fail or become unserviceable."
'The Civil Air Patrol is very much in favor of progression toward 406 MHz technology," it said. "There are still a significant number of false alarms for older 121.5 MHz beacons that would be reduced or eliminated by transitioning to 406 MHz beacons. The life-saving potential the improvements offer in 406 MHz is also without question as the system improvements point searchers to survivors quickly. However, we advise a slow and cautious transition. SAR [search and rescue] agencies such as the CAP, local sheriff's offices and rescue squads across the country still rely heavily on 121.5 MHz transmission. The majority of distress beacons still operate on this frequency. Moreover, the current fiscal climate indicates funding to upgrade SAR resources to be 406 MHz capable is likely to be limited over the next several years. Therefore, it is our position that before 121.5 MHz beacons are abandoned, we must be certain that the SAR community has successfully made the transition to 406 MHz. We consider the potential for loss of life, if this transition is not well managed, to be unacceptable."