Purpose: To describe FAA Air Traffic policy for aircraft operations without Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) in United States sovereign airspace where air traffic control (ATC) responsibilities have been delegated to Canada.
Policy: Pursuant to a 1963 treaty1 between the United States and Canada, the United States has delegated ATC authority over certain segments of United States sovereign airspace within 50 aeronautical miles of the common border between the two countries. The treaty provides that “[t]he air traffic control in such segments shall be in accordance with the air traffic regulations of the country over which the aircraft is operating.” Therefore, aircraft operating within United States airspace whose ATC authority has been delegated to Canada must adhere to FAA aviation regulations, including ADS-B regulations codified in 14 CFR §§ 91.225 and 91.227.
This procedure will assist aircraft in complying with the ADS-B Out requirements in those portions of U.S. airspace for which ATC responsibilities have been delegated to Canada pursuant to the above treaty. Specifically, § 91.225 requires that aircraft be equipped with ADS-B Out equipment that meets certain performance requirements including those in § 91.227, subject to specific and limited exceptions. Section 91.225(g) establishes the process for requesting ATC authorized deviations and requires that operator submit requests to the ATC facility with jurisdiction over the concerned airspace. Anyone seeking the authorization to operate in United States sovereign airspace for which ATC authority has been delegated to Canada would obtain that deviation directly from the appropriate Canadian ATC facility with jurisdiction over the concerned airspace. The ADAPT tool would not be available to request such deviation.
A graphical depiction of these delegated segments can be located on the Equip ADS-B Google Earth Map located on the FAA’s Equip ADS-B website: https://www.faa.gov/nextgen/equipadsb/research/airspace/
^ Treaty Series 1963 No. 20, “Aircraft Control Near the Common Boundary”, dated December 27, 1963.