ADS–B In Requirements

(a) Requirement for newly manufactured manned aircraft Subject to subsection (c), not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that has an effective date which is not later than 3 years of the date on which such final rule is issued to require that any newly manufactured aircraft (other than an unmanned aircraft as defined in section 44801 of title 49, United States Code) registered in the United States shall be equipped with Automatic Dependent Surveillance–Broadcast In (referred to in this section as ADS–B In). (b) ADS–B In required in designated airspace (1) In general Subject to subsection (c), not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that has an effective date which is not later than 3 years of the date on which such final rule is issued to require that any aircraft (other than an unmanned aircraft as defined in section 44801 of title 49, United States Code) manufactured as of the date of enactment of this section that is required to be equipped with ADS–B Out when operating in an airspace described in section 91.225(d) of title 14, Code of Federal Regulations, shall also be required to install and operate ADS–B In. (2) Considerations (A) Additional time In conducting the rulemaking under paragraph (1), the Administrator may consider whether any aircraft described in paragraph (1) would require additional time, not to exceed an additional 2 years after the effective date described in paragraph (1), to implement such requirement. (B) Notification to Congress If the Administrator determines there is a need to provide additional time as described in subparagraph (A), the Administrator shall— (i) notify Congress not later than 14 days after making such determination; and (ii) include a justification for such determination, as well as the date on which full compliance is expected. (3) Special determination For purposes of meeting the requirements of paragraph (1), the Administrator shall determine whether the use of a non-Technical Standard Order receiver is permissible for aircraft with a maximum certificated takeoff weight of fewer than 12,500 pounds. (c) Exception The requirements of subsections (a) and (b) shall not apply to any aircraft described in section 91.225(e) of title 14, Code of Federal Regulations, including balloons and gliders not certified with an electrical system.