[Federal Register Volume 62, Number 137 (Thursday, July 17, 1997)]
[Rules and Regulations]
[Pages 38362-38403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18514]
[[Page 38361]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 121, et al.
Revisions to Digital Flight Data Recorder Rules; Final Rule
Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules
and Regulations
[[Page 38362]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125, 129, 135
[Docket No. 28109; Amendment No. 121-266, 125-30, 129-27, 135-69]
RIN 2120-AF76
Revisions to Digital Flight Data Recorder Rules
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises and updates the Federal Aviation
Regulations to require that certain airplanes be equipped to
accommodate additional digital flight data recorder (DFDR) parameters.
These revisions follow a series of safety recommendations issued by the
National Transportation Safety Board (NTSB), and the Federal Aviation
Administration's (FAA) decision that the DFDR rules should be revised
to upgrade recorder capabilities in most transport airplanes. These
revisions will require additional information to be collected to enable
more thorough accident or incident investigation and to enable industry
to predict certain trends and make necessary modifications before an
accident or incident occurs.
DATES: Effective date: August 18, 1997. Comments on the Paperwork
Reduction Act issues presented in this document must be received by
September 15, 1997.
ADDRESSES: Comments on this notice should be mailed, in triplicate to:
Federal Aviation Administration, Office of Chief Counsel, Attention:
Rules Docket (AGC-200), Docket No. 28109, 800 Independence Avenue SW.,
Washington, DC 20591. Comments delivered must be marked Docket No.
28109. Comments may also be submitted electronically to the following
Internet address: 9-nprm-cmts@faa.dot.gov. Comments may be examined in
Room 915G weekdays, except on Federal holidays, between 8:30 a.m. and 5
p.m.
FOR FURTHER INFORMATION CONTACT:
Gary E. Davis, Air Carrier Operations Branch (AFS-220), Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591, telephone (202) 267-8096.
SUPPLEMENTARY INFORMATION:
Background
Statement of the Problem
The NTSB submitted recommendations to the FAA to require the
recordation of additional parameters on certain fight data recorders.
These recommendations were submitted in response to accidents involving
two Boeing 737 aircraft that were operated by two different air
carriers. Both airplanes were equipped with flight data recorders
(FDR's), but in neither case did the FDR provide sufficient information
about airplane motion and flight control surface positions during the
accident sequence to enable the NTSB to determine a probable cause for
either accident.
The history of aircraft accidents and the lack of information that
has inhibited proper investigation of their causes is much broader than
recent experience with the Boeing 737. Historical records of airplane
incidents suggest that additional, reliable data for the entire fleet
of transport category airplanes is necessary to identify causes of
these incidents before accidents occur. This rule will expand the data
collection requirements to include all parameters that can cost-
effectively be collected.
History of This Regulatory Action
NTSB Recommendations
On February 22, 1995, the NTSB submitted to the FAA recommendations
A-95-25, A-95-26, and A-95-27, which recommended that the FAA require
upgrades of the flight data recorders installed on certain airplanes to
record certain additional parameters not required by the current
regulations.
The following recommendations were submitted by the NTSB to the
Federal Aviation Administration:
I. Require that each Boeing 737 airplane operated under 14 CFR part
121 or 125 be equipped, by December 31, 1995, with a flight data
recorder system that records, as a minimum, the parameters required by
current regulations applicable to that airplane plus the following
parameters: lateral acceleration, flight control inputs for pitch,
roll, and yaw, and primary flight control surface positions for pitch,
roll, and yaw. (Classified as Class I, Urgent Action) (Recommendation
No. A-95-25)
II. Amend, by December 31, 1995, 14 CFR Secs. 121.343, 125.225, and
135.152 to require that Boeing 727 airplanes, Lockheed L-1011
airplanes, and all transport category airplanes operated under 14 CFR
parts 121, 125, or 135 whose type certificates apply to airplanes still
in production, be equipped to record on a flight data recorder system,
as a minimum, the parameters listed in ``Proposed Minimum FDR Parameter
Requirements for Airplanes in Service'' plus any other parameters
required by current regulations applicable to each individual airplane.
Specify that the airplanes be so equipped by January 1, 1998, or by the
later date when they meet Stage 3 noise requirements but, regardless of
Stage 3 compliance status, no later than December 31, 1999. (Classified
as Class II, Priority Action) (Recommendation No. A-95-26)
III. Amend, by December 31, 1995, 14 CFR 121.343, 125.225, and
135.152 to require that all airplanes operated under 14 CFR parts 121,
125, or 135, having 10 or more seats and for which an original
airworthiness certificate is received after December 31, 1996, record
the parameters listed in ``Proposed FDR Enhancements for Newly
Manufactured Airplanes'' on a flight data recorder having at least a
25-hour recording capacity. (Classified as Class II, Priority Action)
(Recommendation No. A-95-27).
FAA Response to the NTSB Recommendations
On March 14, 1995, the FAA published in the Federal Register a
notice of a public hearing, and solicited public comment concerning the
NTSB recommendations. On April 20, 1995, the public hearing was held in
Washington D.C. Eight speakers from the aviation community made
presentations. Copies of the presentations have been placed in the
docket for this rulemaking.
After considering the information obtained through the public
forum, the FAA responded to the NTSB recommendations. A summary of that
response was published in Notice No. 96-7, and is summarized here:
In response to Safety Recommendation A-95-25, the FAA stated that
it agrees that Boeing 737 airplanes that operate under 14 CFR part 121
or 125 should be equipped with flight data recorders that include, as a
minimum, the parameters referenced in this safety recommendation. This
proposed rule would require all Boeing 737 airplanes as well as certain
other airplanes operated under 14 CFR parts 121, 125, or 135 having 10
or more seats to be equipped to record the parameters that were
specified by the NTSB.
The FAA received enough valid information from the public to
determine that the schedule for retrofit completion by December 31,
1995,
[[Page 38363]]
could not be met. The proposed date would have imposed an extremely
aggressive retrofit schedule that, if it were physically possible,
would have resulted in substantial airplane groundings and very high
associated costs. Furthermore, if operators had been required to
retrofit all Boeing 737 airplanes before the end of 1995, each of these
airplanes might have had to undergo a second retrofit to meet the
expanded requirements that were proposed in response to NTSB
Recommendations A-95-26 and -27
In response to NTSB recommendation A-95-26, the FAA agrees that
airplanes still in production should be required to be equipped with
DFDR's that record, as a minimum, the parameters listed in the NTSB
recommendation.
In response to NTSB recommendation A-95-27, the FAA agrees that
airplanes operated under parts 121, 125, or 135 having 10 or more seats
for which an original airworthiness certificate is received after
December 31, 1996, should record the parameters listed in ``proposed
FDR Enhancements for Newly Manufactured Airplanes'' on a flight data
recorder having at least a 25-hour recording capacity.
Aviation Rulemaking Advisory Committee Participation
After reviewing the comments submitted pursuant to the NTSB
recommendations and listening to the presentations, the FAA determined
that it would be beneficial to have aviation industry personnel assist
in any related rulemaking efforts. On June 27, 1995, the FAA published
a notice in the Federal Register that the Aviation Rulemaking Advisory
Committee (ARAC) established the Flight Data Recorder Working Group (60
FR 33247), which included members representing the Air Transport
Association, Aerospace Industries Association of America, General
Aviation Manufacturers Association, Regional Airline Association, Air
Line Pilots Association, and the FAA. The NTSB was invited to
participate in working group efforts in an advisory capacity. The
working group's task was to recommend to ARAC rulemaking proposals or
other alternatives that would satisfactorily address the NTSB
recommendations. The ARAC could then make one or more recommendations
to the FAA, and the FAA would determine whether to issue a proposal
based on the ARAC recommendation.
The DFDR Working Group met over the course of several months. While
many of the issues concerning flight data recorder upgrades were
settled, no formal recommendation was forwarded to the FAA by the ARAC.
A full discussion of the issues considered by the working group was
included in Notice 96-7.
NPRM No. 96-7
On July 16, 1996, the FAA published an NPRM addressing revisions to
digital flight data recorder rules and solicited public comment to the
proposed amendments. The proposals were based on meetings attended by
FAA, ARAC, and NTSB personnel. Twenty-six commenters responded, each
addressing multiple issues. Their comments have been placed in the
docket. Although numbered comments in the docket indicate 28 commenters
responded, several submittals were duplicates. Comments to the NPRM are
discussed in detail in the ``Discussion of Comments to the NPRM''
section of this document.
Supplemental Notice of Proposed Rulemaking, SNPRM No. 96-7A
As a result of some comments received and further analysis within
the FAA, the FAA determined that some issues not included in the NPRM,
but related to the proposal, should have been included. These issues
included: (1) Applicability of the requirements to airplanes placed on
the operations specifications of a U.S. operator after a certain date;
(2) a compliance date for certain aircraft that must be retrofitted
with DFDR equipment as a result of a change in policy announced in
notice 96-7; (3) information regarding airplanes that should be
exempted from the requirements proposed in notice 96-7; and (4) a
requirement to use a 25-hour recorder, which is the industry standard,
rather than the 8-hour recorder currently required. Because three of
the issues were not included in the initial proposal, and because the
FAA needed more information to make a determination regarding all four
of the issues, the agency published a supplemental proposal on December
10, 1996 (61 FR 65142), and solicited public comment. Six comments were
received; they are discussed in detail in the ``Discussion of Comments
to the SNPRM'' section in this document. After analysis of all comments
received, the FAA has adopted final rule language that includes items
proposed in the SNPRM.
Discussion of Comments to the NPRM
Flight Systems Engineering, Inc., comments on the requirement for
recordation of lateral acceleration on airplanes with one or two
engines. It states that to the best of its knowledge, the ``trade-in''
program to upgrade from dual to tri-axial accelerometers was
considered, but is not currently available and it doubts it will ever
be. The commenter estimates the cost of the tri-axial accelerometer to
be $3,000 per aircraft plus associated engineering and installation
costs. The commenter believes that the accelerometer information can be
obtained through analysis of other available data. In addition, the
commenter states that to require a sampling rate of twice per second
(rather than the current once per second) as proposed for certain
parameters may generate costs to industry that the commenter does not
consider to be cost beneficial.
FAA Response: The FAA acknowledges that this rule will place some
economic burdens on operators. According to information received by the
FAA, however, the $3,000 per aircraft for a tri-axial accelerometer is
a maximum cost for a new unit, which, in practice, the FAA maintains
will not be installed in all cases. Rather, modified units will be used
wherever possible. The FAA does not agree that the commenter's proposed
method of obtaining the information through analysis is a reasonable
alternative that would satisfy the NTSB recommendation. No changes have
been made as a result of this comment.
Patriot Sensors and Controls Corporation (Patriot) comments that it
would cost approximately $2000 in 1997/1998 dollars to upgrade the
lateral acceleration sensor from a dual axis to a tri-axial
configuration. Patriot emphasizes that to accomplish the upgrade in a
timely manner, upgrades of its units should be scheduled as soon as
possible after issuance of the final rule. It emphasizes that it can
not guarantee timely accomplishment for any order received later than
18 months prior to the final date of compliance.
FAA Response: The FAA appreciates the comment from Patriot; the FAA
notes that the costs for modification of existing units presented by
the commenter are approximately one third less than those presented by
the operators for new units. Further discussion of other comments
concerning the economic impact of this rule are contained in the
Regulatory Evaluation section of this preamble.
AVRO International Aerospace comments that the proposed list of
parameters appears to have been developed to address a specific type of
airplane that has experienced a small number of accidents, and that the
proposed list of parameters may not be the most appropriate for general
application. AVRO also states that the
[[Page 38364]]
European codes have been formalized for adoption through JAR Ops and
that it considers the FAA's action to extend requirements beyond the
EUROCAE ED-55 standards (ED-55) without a full consultation with JAA
authorities to be contrary to the spirit of the JAR/FAR Harmonization
program.
FAA Response: The FAA acknowledges that the requirements proposed
in the NPRM could appear to have been developed to address a specific
type of airplane, and expanded to merely include all airplanes.
However, the parameters proposed to be recorded involve functions of
all airplanes, and may provide data over a wide range of incidents and
accidents. Accordingly, in response to the NTSB recommendation, the FAA
has included all transport category airplanes in this rulemaking
action. The FAA disagrees that extended U.S. requirements require full
consultation with JAA authorities. The ARAC working group considered
current international standards where they exist, and realized that
restricting the upgrades to ED-55 standards would not satisfy the NTSB
recommendation. The standards proposed are harmonized with the current
JAR-Ops, which are based on the ED-55 standards; the additional U.S.
requirements have no JAR counterpart with which to harmonize. No
changes were made as a result of this comment.
Aerospace Industries Association (AIA) submits technical comments
and editorial comments regarding typographical errors. For parameter
88, all cockpit flight control input forces (control wheel, control
column, rudder pedal), AIA comments that the force sensor accuracy in
the appendix should be changed from ``+/-5%'' to ``+/-5% or +/-15% of
actual, whichever is greater or as installed.'' AIA also comments that
the accuracy values in the appendix for the Force Sensor Range for
Wheel, Column, and Pedal ranges of parameter 88 should be changed to
include the words ``or as installed'' after the numerical values. Also
for parameter 88, AIA suggests the following language be added to the
remarks column: ``Force Sensor Range requirements are based on FAR
25.143(c).'' Finally, AIA suggests that the Force Sensor requirements
in the Accuracy column for parameter 88 should be moved from the
Accuracy column to the Range Column.
FAA Response: During ARAC working group meetings, NTSB
representatives made it clear that the NTSB needs the full range
control forces to be recorded as outlined in the NPRM with no
exceptions. Force Sensor Range requirements in this rule are not based
on the requirements in Sec. 25.143(c) because slightly stricter
requirements are needed to yield the desired information for accident
and incident investigation.
The FAA agrees that the Force Sensor requirements for parameter 88
should be moved from the Accuracy column to the Range Column in the
appendices; the change is reflected in this final rule.
AIA also commented that the following should be added to the
Remarks column in the appendices for parameters 82, Cockpit trim
control input position--pitch, 83, Cockpit trim control input
position--roll, and 84, Cockpit trim control input position--yaw:
``Where mechanical means for control inputs are not available, Cockpit
Display Trim Positions should be recorded.'' Its rationale for the
change is that modern transport aircraft do not always use mechanical
trim controls.
FAA Response: The FAA concurs and the language in the Remarks
column in the appendices for parameters 82, 83, and 84 has been
revised.
Finally, AIA comments that the language in the Remarks column in
the appendices for parameter 32, Angle of attack (if measured
directly), is incomplete and should be changed to read as follows: ``If
left and right sensors are available, each may be recorded at 4 or 1
second intervals as appropriate so as to give a data point at 2 seconds
or 0.5 seconds as required.''
FAA Response: The FAA concurs and the language in the Remarks
column in the appendices for parameter 32 has been changed. Also, all
typographical errors noted in AIA's comments have been corrected in
this final rule.
Embraer comments on the technical aspects of several proposed
items; the commenter states that airplanes fitted with conventional
mechanical flight controls should be allowed to record either the
flight control input or the control surface position. The commenter
further states that derived information for control input and control
movement can be demonstrated for its aircraft. Embraer also comments
that due to technical constraints such as sensor reliability, low level
signal treatment, and aircraft installation, plus cost restraints and
the low priority given to cockpit flight controls forces (as evidenced
by their location in the order of the parameter list), it considers the
recording of these parameters unnecessary. Embraer also comments that
to be able to accommodate 88 parameters, it will be necessary to
replace existing recorders that record 64 to 128 words per second (wps)
with a new one capable of recording 256 wps, which is not presently
available on the market. Embraer also submits cost figures for updating
its software and hardware.
FAA Response: The NTSB recommendations on which this rulemaking
action is based indicate that both control input and surface position
are necessary for both conventional mechanical flight controls and fly-
by wire controls. Past accident investigations support the need for
this data. Further, although the NTSB has used derived information in
support of some findings in accident investigation, the NTSB has noted
that derived information may include too many variables to support the
determination of probable cause of an accident.
The FAA acknowledges that some technical constraints regarding
force sensors may currently exist. The recordation of the associated
parameter, however, is not required until 5 years from the effective
date of the final rule, and the FAA anticipates that within the next 5
years, these technical constraints will be overcome. Also, with regard
to the ability to record 256 wps, the FAA maintains that there are
recorders available today that include this technology, and expects
them to be more readily available within 5 years, when newly
manufactured airplanes must have recorders capable of recording all 88
parameters.
The FAA acknowledges that the DFDR enhancements proposed by this
rule are expensive and that a recognized safety return may not
immediately be recognized. However, the FAA maintains that the
information collected will aid in accident and incident investigations
and will help detect trends so that corrective measures can be taken
before an accident occurs, and that collection of this data is in the
public interest.
The FAA notes that the additional cost information submitted by
Embraer is consistent with information submitted by ARAC working group
members during development of the NPRM. Further discussion of other
comments concerning economic issues can be found in this preamble under
the section ``Regulatory Evaluation.'' No changes were made to the
proposal as a result of Embraer's comment.
Sheehan Consultants comments that the acceleration resolutions need
to be upgraded in the final rule from 0.01g to 0.004g's to be
consistent with the requirements in ED-55. It states that the change
would have no impact on current recorders because they already meet the
ED-55 requirements. The commenter states that accident investigators
need very fine resolution to observe an airplane bouncing on the
[[Page 38365]]
joints of a runway during taxi, takeoff, and landing, as well as other
quick flight path changes, structural breakup, and explosions.
FAA Response: The FAA agrees that the resolution for all three
acceleration parameters in parts 121, 125, and 135 should be changed to
harmonize with the EUROCAE document ED-55. The final rule reflects the
change in the resolution column of the appendices for parameters 5, 11,
and 18 to read 0.004g's.
Aerospatiale and Alenia (ATR), manufacturers of ATR airplanes,
comment that compliance with the primary flight control and master
warning recording requirements would involve significant software
modification and hardware modification of the flight data acquisition
units (FDAU's), plus additional wiring. The two manufacturers state
that the design changes would cost $100,000 per aircraft for U.S.
operators for parts and labor, in addition to down time associated with
completing the modifications. ATR requests that some flexibility be
introduced into the requirements that would take into account certain
design features such as flight control characteristics or aircraft
weight. In addition, ATR states that harmonization with the EUROCAE ED-
55 requirements should be considered for the retrofit requirements.
FAA Response: The FAA acknowledges that there may be alternatives
to obtaining data other than direct recordation. However, the proposed
sampling rates, resolution readouts, and parameter list in the NPRM
represent contributions from all members of the ARAC working group. The
ARAC working group made every effort to match the requirements in the
proposal to both the requirements in ED-55 and the NTSB
recommendations, and the FAA has determined that the differences are
insignificant for U.S. operators. No changes were made as a result of
this comment.
Airbus Industrie agrees with the statement in the preamble of
Notice 96-7 that more flight data yields better results when
investigative authorities are trying to determine the cause of an
accident or incident. It suggests, however, that requirements for
recording stick shaker/stick pusher, yaw or sideslip angle, and
hydraulic pressure are not necessary because the information can be
derived from other data, or because the information is not relevant to
the understanding of system operation. Airbus Industrie also suggests
that the rule should retain the current language that would allow the
proposed terms ``record'' and ``recorded'' to be replaced respectively
with the terms ``determine'' and ``able to be determined.'' In
addition, Airbus Industrie comments that it has always installed
advanced recording systems on its aircraft, but that aircraft already
equipped to record 88 or more parameters may not be recording all of
those proposed in the NPRM. Airbus Industrie suggests that the FAA
require recordation of only those parameters included in EUROCAE ED-55,
and states that anything else would constitute disharmony with European
regulations. The commenter does not oppose the recordation of
additional data, but would like to see more international involvement
to determine what addition data should be included, and suggests that
the effort be addressed within the ICAO and within the FAA/JAA
Harmonization Work Program under the ARAC process before additional
parameters beyond ED-55 are added.
Airbus Industrie also suggests that proposed Secs. 121.344 and
125.226 be revised so that current FDR's that already record the
necessary parameters, but not at the specific sampling or resolution
readouts listed in Appendix K (corrected to read Appendix M), not be
required to incur retrofit costs simply to meet those Appendix M
values. Airbus Industrie believes that the introduction of this
flexibility would result in significant cost savings to industry
without jeopardizing the capability of investigating events.
FAA Response: The FAA acknowledges that there may be alternatives
to obtain data other than direct recordation. However, the proposed
sampling rates, resolution readouts, and parameter list in the NPRM
represent contributions from industry representatives, the FAA, and the
NTSB. During ARAC working group meetings, the NTSB argued that
information gathered from interpretation was not as reliable as direct
recordations, as discussed above. Some industry representatives did not
agree. After further discussion, the working group decided that, to
respond to the NTSB recommendations on which this rulemaking is based,
the rule would be written with a requirement for direct recordation of
the parameters listed. Although Airbus Industrie presents an
alternative to obtaining information directly from a flight data
recorder, the FAA has determined that justification provided by Airbus
Industrie is not sufficient to overcome the NTSB's arguments that
information gathered from interpretation is not as reliable as direct
recordation. Accordingly, there was no change to the proposal as a
result of this comment.
As previously stated, the FAA disagrees that international
disharmony occurs as a result of this final rule. The ARAC working
group made every effort to make the proposal identical, where
applicable, to the requirements of ED-55. However, the FAA has
determined that those requirements alone are insufficient for U.S.
operators or U.S.-registered airplanes, and in fact would not satisfy
the intent of the NTSB recommendations. Accordingly, the FAA proposed
the additional requirements. The FAA disagrees with the suggestion that
more international involvement is needed to develop U.S. regulations
that govern U.S. operators and U.S.-registered airplanes. No changes
were made as a result of this comment.
Fairchild Aircraft, Inc. (Fairchild), opposes the requirement for
newly manufactured 10-19 seat airplanes to record 57 parameters
effective 3 years after the effective date of the rule, and 88
parameters effective 5 years after the effective date of the rule. As
proposed, the rule would require that these airplanes include a flight
data acquisition unit (FDAU), plus the sensory devices and associated
wiring for each (additional) parameter. Fairchild states that
compliance with current Sec. 135.152 and implementation of the proposed
Sec. 121.344a(a) is more than adequate for the size and complexity of
any airplane in the 10-19 seat category. It is the commenter's
understanding that the goal of this rule-making is to provide
information regarding accidents and incidents as they occur, and it
notes that 10-19 seat aircraft have no history of accidents of
undetermined cause.
Fairchild believes that the money needed to comply with the
proposed regulations could be better spent improving overall
operations. It states that an FDR will not increase the level of safety
in the 19-seat airplane, and will probably diminish the level of
safety, because funds will be diverted to comply with something of no
value versus something of positive value. Fairchild also states that,
if adopted, the proposal would have a significant negative impact on
the competitiveness of current operators and airplanes made in the
United States that are sold on the international market. Fairchild
believes the proposed changes would increase operating costs and thus
negatively affect future sales in both the United States and foreign
markets, particularly to customers in developing nations. Finally,
Fairchild submits some cost
[[Page 38366]]
information, as well as the following technical comments:
Fairchild recommends deletion of Sec. 121.344a (b) and (c), which
would require newly manufactured airplanes with 10 to 19 seats to
install enhanced DFDR's. Fairchild also notes that in
Sec. 121.344a(a)(1)(iv), a typographical error occurs; the second
reference to Appendix B should instead be a reference to Appendix M.
Fairchild points out that the FH227 listed in parts 121 and 125
does not belong to Fairchild Aircraft, Inc., as stated in the proposal.
Fairchild requests that the following airplane types be added to
the list of airplanes that need not comply with the requirements in
Sec. 121.344a, but continue to comply with the requirements in
Sec. 135.152: SA227-AC, SA227-TT, SA227-AT, and SA227-BC. As
justification, Fairchild submits that these airplanes were manufactured
prior to October 11, 1991, and are not commuter category airplanes.
FAA Response: As stated in the NPRM, when the NTSB made its
recommendations in February 1995, the FAA has not yet issued its rule
that requires most airplanes that have 10-19 seats that were formerly
operated under part 135 to operate pursuant to the requirements of part
121 beginning in March 1997. Because the purpose of that rulemaking
action was to establish ``one level of safety,'' the NPRM associated
with this final rule, and all rules developed from this point forward,
reflect that agency policy. Recognizing the differences between larger
airplanes operating under part 121 and those designed to carry 10-19
passengers, the FAA developed a special section in the NPRM to
specifically address the flight data recorder requirements for these
airplanes. The ARAC working group discussed and decided that the intent
of the NTSB recommendations was to capture all airplanes regularly used
in commercial service, including those that began operating under part
121 beginning in March 1997.
The FAA disagrees with the suggestion to delete Sec. 121.344a (b)
and (c) for newly manufactured airplanes. The suggestion is
inconsistent with the NTSB recommendations, and no alternative to
satisfy the recommendation was suggested. No change was made as a
result of this comment.
The FAA agrees that the second reference to Appendix B in
Sec. 121.344a(a)(1)(iv) is an error; ``Appendix B'' should read
``Appendix M.'' The rule has been revised accordingly.
The FAA finds that insufficient information was submitted to
justify the addition of the following planes to the list of airplanes
that need not comply with the requirements in Sec. 121.344a, but
continue to comply with the requirements in Sec. 135.152: SA227-AC,
SA227.TT, SA227-AT, and SA227-BC. The fact that airplanes were
manufactured before October 11, 1991, is not considered sufficient to
justify their exclusion. No change was made as a result of this
comment.
The FAA agrees that the FH227 does not belong to Fairchild
Aircraft, Inc., and the final rule has been revised to reflect the
aircraft is a product of Fairchild Industries.
All typographical errors noted by the commenter have been corrected
in this final rule.
Southwest Airlines (SWA) comments that the language proposed in
Sec. 121.344(b)(3) be changed to remove reference to installation no
later than the next heavy maintenance check that occurs after two years
after the effective date of the final rule. The commenter believes the
final rule should only require compliance by the final date of the rule
and should not include any milestones or restrictions. In addition, SWA
comments that the sampling rates given in Appendix M have been
increased from the rates initially proposed by ARAC working group
members, and that the higher sampling rates may require additional
modifications and expense.
FAA Response: The issue addressing the earliest possible compliance
time was discussed in the preamble to the NPRM. In that document, the
FAA stated that that ``heavy maintenance check'' provision was added to
prevent operators from waiting until the last minute to install
upgrades, causing a logjam in scheduling and equipment availability.
The proposed sampling rates reflect those needed by the NTSB to aid in
accident and incident investigations. No changes were made as a result
of this comment.
Airborne Express comments that lateral acceleration cannot be
recorded at the specified recording intervals using the Loral F800
flight data recorder. Airborne Express states that 70% of its fleet is
fitted with the Loral F800, and to replace these recorders would
constitute an undue burden. The commenter suggests that language be
changed to reflect that, except for the Boeing 737, lateral
acceleration should not be required to be recorded unless sufficient
capacity is available on the existing recorder to record that parameter
and that the recording ranges, accuracies, and recording intervals be
limited to those specified in current Appendix B to part 121. In
addition, Airborne Express asks for clarification of the term
``capacity'' as it is used in proposed Sec. 121.344(b)(1)(i) so it can
determine whether it can comply with the proposed rule language.
FAA Response: According to Loral, the manufacturer of the F800
recorder, lateral acceleration can be recorded for the Airborne Express
installation if a nonrequired parameter is removed from the input to
the recorder, and the existing spare channels are used. The term
``capacity'' refers to the design of a recorder to be able to record a
certain number of parameters and store them for 25 hours. For example,
a recorder may have a capacity to record 32 wps for 25 hours, 64 wps
for 25 hours, 128 wps for 25 hours, etc. No changes to the rule were
made as a result of this comment.
Piedmont Airlines (Piedmont) comments that although it agrees with
the NTSB in the importance of information retrieved from FDR's, it
believes ``the one size fits all'' approach to rulemaking is not an
efficient or cost effective method. Piedmont believes the primary
reason for the rule is two unresolved accidents that were due to loss
of control. However, they do not agree that those accidents justify the
proposal to obtain directly recorded data as opposed to obtaining
information through alternative methods. Piedmont submits examples of
two airplanes that will have to undergo some retrofit to comply with
the rule as proposed. Piedmont believes that those airplanes are clear
examples that existing recorded data is adequate for accident
prevention and investigation, and that the proposed requirement will
result in a costly retrofit for the purpose of a data-gathering
exercise that is not justified by any benefit/cost comparison. Piedmont
believes it would be cost beneficial to require recording up to 17
parameters but it disagrees that, other than for powered flight
controls, both the control surface and the input need be recorded.
FAA Response: The FAA realizes that this rulemaking action may
appear to be intended for certain airplanes that have been involved in
accidents, the cause of which has not been determined. As stated in the
NPRM, the FAA has determined that since the cause of these accidents is
unknown, it is possible that similar incidents may occur on other
airplane types. Therefore, the FAA finds that the need to record
additional flight data is applicable to all airplanes covered by the
final rule. The FAA recognizes that DFDR's do not in and of themselves
prevent accidents; they are
[[Page 38367]]
used as an investigative tool when accidents or incidents occur.
However, the FAA does not agree that continuing the current level of
data collection is acceptable for future accident investigation. The
FAA recognized in the NPRM that additional flight data can be collected
cost-effectively, particularly in light of the NTSB recommendations. No
changes were made as a result of these comments.
Twin Otter International, Ltd. (TOIL) and its affiliate by
ownership, Grand Canyon Airlines, Inc. (GCA) comments that its members
use deHavilland DHC-6-300 airplanes in their operations. This airplane
type went out of production before October 11, 1991. TOIL claims that
the DHC-6-300 was not designed to accommodate flight data recorders,
and that installation would require extensive redesign and would be
prohibitively expensive. In addition, the manufacturer is not
interested in participating in the cost of certifying and retrofitting
the airplanes for flight data recorder installation and no other
airworthiness authority worldwide requires a DFDR in the DHC-6-300.
TOIL states that no DHC-6-300 has ever been equipped with a DFDR.
The commenter states that the reversal of the policy determination
addressed in Notice 96-7 would create a regulatory inconsistency
because 12 of its DHC-6-300 airplanes would be required to be
retrofitted, while 26 others owned by the companies would not. It
states that the same airplane type brought onto the register after
October 11, 1991, is no less safe than one brought on before that date,
and recommends that in lieu of reversing the policy determination, the
FAA should revise proposed Sec. 121.344a to read ``manufactured after
October 11, 1991,'' in lieu of ``brought onto the U.S. register after *
* *'' that date. Further, the commenter points out, airplanes of
foreign registration (not required to comply with U.S. DFDR
requirements) may be allowed to be operated in the United States by a
U.S. air carrier without being on the register, and would have an
economic advantage over U.S.-registered airplanes.
FAA Response: Twin Otter International, Ltd. presented significant
evidence why the DHC-6 airplane (Twin Otter) should be exempted from
the flight data recorder upgrade requirements proposed in the NPRM, and
the final rule includes an exemption for the DHC-6, whether the
airplanes are operated under part 121 or part 135.
The FAA fully considered the popularity of this aircraft model in
the sightseeing industry, and determined that the exemption is still
appropriate. The FAA does not agree with TOIL's characterization of the
effect of the policy change announced in notice 96-7, nor that the
policy announced in Flight Standards Information Bulletin 92-09 should
be codified. The revised policy states that airplanes previously
registered in the United States that were removed and brought back on
the register after October 11, 1991 are not ``grandfathered'' and must
install flight data recorders. This interpretation is consistent with
both the language and the intent of the current rule. While the FAA
acknowledges that the October 11, 1991 date creates two classes of
airplanes that are otherwise the same, any other method of
distinguishing airplanes that must be retrofitted would have an equally
bifurcated effect. TOIL's proposed solution to use October 11, 1991 as
a date of manufacture to distinguish those airplanes to be retrofitted
is a solution only for aircraft out of production; airplanes in
production would continue to be separated into two classes by the date
regardless of how identical two airplanes were when they came off the
production line. The 1991 ``brought on the U.S. register'' date was
adopted in 1988, and a well-defined class of airplanes was established.
The FAA has no reason to now disrupt the applicability of the flight
data recorder requirements by changing from one date to another when it
would not solve the problem described by the commenter. Nor does the
FAA agree with the commenter that, as a class, airplanes that are no
longer being produced should be categorically exempted from the DFDR
requirements.
In a comment to the NPRM, Twin Otter International, Ltd. (TOIL)
comments that two classes of airplanes are created by the ``brought on
the U.S. register'' language because foreign registered airplanes may
be operated in the United States. This issue was raised by the FAA in
the SNPRM to this rule, and the agency proposed that the applicability
of the regulation be changed to include airplanes brought onto the U.S.
register or airplanes that are foreign registered and added to an
operator's U.S. operations specification after October 11, 1991. As
explained in the preamble to the SNPRM, the original language was
adopted to minimize costs and to deter the importation of older, non-
DFDR equipped airplanes. The fact that the language created a separate
standard for non-U.S. registered airplanes was unintentional; the FAA
always intended to cover all of the airplanes operating domestically.
TOIL did not comment on the change proposed in the SNPRM. Based on the
comment of TOIL, the final rule language includes an exemption for the
Twin Otter. No other changes were made based on this comment.
The Regional Airlines Association (RAA) comments that it supports
the enhancement of FDR recording parameters where the benefits can be
shown to justify the costs, and suggests that the compliance period be
extended to 6 years. RAA supports the proposed rule as it applies to
newly manufactured aircraft. However, RAA states that many of the
proposed requirements to retrofit new recording parameters into
existing airplanes have not been shown to provide a direct safety
improvement or to be cost effective, and that requiring installation
will impose a severe economic burden on affected operators, resulting
in increased costs of travel to the public, and thus should be
eliminated.
FAA Response: The FAA recognizes that the DFDR enhancements
proposed by this rule may be costly and may not provide immediately
recognized benefits. However, cost alone cannot justify ignoring the
potential safety gain represented by the improvements required by this
rule. The FAA has determined that this final rule should be promulgated
as in the public interest, and RAA has not submitted sufficient
justification to show that it is not in the public interest. No changes
were made as a result of this comment.
The Air Line Pilots Association (ALPA) agrees with the proposal
except for the proposed compliance period, and suggests that the FAA
contact FDR and FDAU manufacturers directly to validate the economic
information supplied in the NPRM. The commenter believes that the four
year compliance period outlined in the proposed rule for the retrofit
of FDR's is too long, and that three years is more appropriate.
FAA Response: The FAA relied heavily on the industry members of the
ARAC working group to supply accurate economic information, including
costs of parts, labor, and aircraft down time. The information was
provided in aggregate form based on major cost components, not in
detail. Therefore, contacting the manufacturers of specific parts such
as the FDR's and FDAU's would not yield useful additional economic
information. During development of the proposal, the ARAC working group
discussed extensively the most appropriate compliance period--one that
would be practical both technologically and economically. Manufacturers
and operators argued that four years is necessary to redesign any
[[Page 38368]]
affected areas, and to incorporate any needed retrofits into a regular
maintenance schedule in order to minimize the down time required for
installation of DFDR enhancements. The FAA also notes that the required
upgrades may be accomplished sooner than the prescribed four years; the
final rule requires the installation of the DFDR no later than the next
heavy maintenance check, or equivalent, after two years after the
effective date of the final rule. No changes were made as a result of
this comment.
General Aviation Manufacturers Association (GAMA) comments that the
FAA has gone beyond the scope of the NTSB recommendations by including
10 to 19 passenger airplanes in the NPRM. GAMA also states that it
considers the requirements proposed not to be cost beneficial, and thus
a final rule should not be published. GAMA indicates that requiring
enhanced DFDR's would not support the theory of eventual zero
unexplained accidents per year simply by increasing the number of
parameters being monitored. The commenter states that a regulatory
analysis is not provided for newly manufactured airplanes and feels
this is necessary by law and is essential. GAMA also disagrees with the
FAA's conclusion that the cost of developing a 256 word per second
recorder is insignificant. It cites the requirement to develop
standards through committees, and the issue of possible import design
and data correlation as additional cost burdens. GAMA comments that the
FAA highlights the benefits of the NPRM and downplays costs, and that
the proposal does not adequately quantify the benefits. The FAA should
be required to conduct a full and complete cost analysis of the total
NPRM impact prior to issuing a final rule. GAMA further maintains that
although the FAA states that no disharmony is created in the proposal,
it disagrees, and lists areas of possible conflict as parameters 40,
41, 42, and 44.
GAMA also comments that the NPRM should include rule language that
would exclude retrofit requirements for existing airplanes operated
under part 135 for on-demand service, and would exclude those newly
manufactured airplanes to be operated under part 135 for on-demand
service. Likewise, the commenter states that the proposed amendments
should include language that the amendments would not apply to any
airplane type certificated for nine or fewer passenger seats or any
rotorcraft.
GAMA also comments that several of the parameters' names or
corresponding remarks are ambiguous and need to be further clarified.
It further comments that the rule language should be changed to include
in the rule text the appendix remarks concerning flight control
breakaway capability; suggests that the dual coverage requirement for
conventional axes be deleted; and suggests that the requirement for
recordation apply to only aircraft axes that are augmented.
For newly manufactured airplanes, GAMA believes there are
differences between parameters that some operators have chosen to
record and proposed parameters 58-88. GAMA asks whether operators must
cease recording parameters of choice or those required in the JAR-Ops
and/or ED-55, and instead record the proposed extended parameters. GAMA
believes clarification is needed regarding these issues.
FAA Response: As explained in the NPRM, when the NTSB made its
recommendations in February 1995, the FAA had not yet issued its rule
that requires most airplanes that have 10-19 seats that formerly
operated under part 135 to comply with the requirements of part 121
beginning in March 1997. Because the purpose of that rulemaking action
was to establish ``one level of safety,'' the NPRM associated with this
final rule, and all rules developed from this point forward, reflect
that agency policy. Recognizing the differences between larger
airplanes operating under part 121 and those designed to carry 10-19
passengers, the FAA developed a special section in the NPRM to
specifically address the flight data recorder requirements for these
airplanes. The ARAC working group discussed and decided that the intent
of the NTSB recommendations was to capture all airplanes regularly used
in commercial service, including those 10-19 seat airplanes that began
operating under part 121 in March 1997.
The FAA recognizes that increasing the number of recorded
parameters may not realize an immediate safety return, but maintains
that the information collected will aid in accident and incident
investigations, and will help detect trends so corrective measures can
be taken before an accident occurs. The FAA also maintains that as more
information is recorded, the occurrence of unexplained accidents and
incidents will decrease.
Regarding the commenters statements addressing the cost/benefit
analysis, an analysis for newly manufactured airplanes, costs
associated with developing a 256 word per second recorder, and other
cost burdens: these and other comments concerning economic impact are
discussed further in the Regulatory Evaluation section of this
preamble.
The FAA disagrees that disharmony is created in the proposal, and
notes that harmonization does not mean identicality. The final rule is
as similar as practicable with international standards, where they
exist, and goes beyond international standards only to accommodate the
NTSB recommendation, which is the original basis for this rulemaking
action.
The FAA disagrees that the proposed rule language should be changed
to exclude retrofit requirements for existing airplanes operated under
part 135 for on-demand service. As proposed, the rule is not applicable
to these airplanes. Only those part 135 airplanes that operate
scheduled, commuter operations that have transferred to part 121 as of
March 1997 will be subject to retrofit requirements in this rule. The
FAA also disagrees that the proposed rule language should be changed to
exclude newly manufactured airplanes that will be operated in on-demand
service. For reasons stated in the preamble to the NPRM, the FAA finds
that all airplanes affected should comply with the new regulations,
regardless of the nature of their operation. The FAA disagrees with the
commenter's suggestion that language be added to exclude airplanes
certificated for nine or fewer passenger seats and all rotorcraft.
Section 135.152 does not apply to airplanes with nine or fewer
passenger seats, and the proposed language in Sec. 135.152(f) applies
only to airplanes that would be required to be equipped in accordance
with Secs. 135.152 (a) or (b), as appropriate.
With respect to the commenter that some of the parameter name and
corresponding remarks are ambiguous, the FAA notes that the names and
remarks have evolved over time and are generally accepted by industry.
The names and remarks were discussed during the ARAC working group
meetings in which GAMA participated. No technical concerns over the
names of the parameters were raised by the commenter at the time or
subsequently by any other commenter. The nature of the commenter's
questions concerning specific parameter names will be considered in
preparation of the Advisory Circular already under development.
The FAA disagrees that the text contained in the appendix
``Remarks'' column should be incorporated into the rule language for
flight control breakaway capability parameter. The FAA has determined
that this addition would be confusing for a single parameter and that
the text should
[[Page 38369]]
remain in the ``Remarks'' column of the appendix.
The FAA disagrees that the dual coverage requirement for
conventional axes should be deleted and that the requirement for
recordation should apply to only aircraft axes that are augmented. The
FAA finds that both of these requirements are needed to meet the NTSB
recommendations.
Regarding the issue of recording required parameters rather than
recording parameters of choice (or those required in the JAR-Ops and/or
ED-55), the final rule states the parameters that must be recorded in
each appropriate section. An operator may choose to record parameters
beyond those required, but must record the required parameters. The FAA
acknowledges that some operators may have to change the parameters
currently being recorded, unless an operator chooses to replace its
equipment for that with greater capacity.
The National Air Transportation Association (NATA) comments that
proposed Sec. 135.152 should be revised in the final rule to
differentiate the applicability of the new requirements by ``kind of
operation'' in which a 10 to 30 seat airplane is used. It also comments
that the final rule language should be clarified concerning its
applicability to 10 to 30 seat airplanes used in part 135 on-demand
operations. The FAA is unable to understand clearly NATA's comment
regarding proposed regulations for airplanes brought onto the U.S.
register on or before October 11, 1991. The FAA concludes that NATA is
suggesting that affected commuter airplanes operated under
Sec. 121.344a that are brought onto the U.S. register after October 11,
1991, should be required to meet only existing part 135 requirements.
NATA appears to believe that there is no justification in requiring two
sets of regulations for the same airplane type simply because of
registration date, and suggests that the October 11, 1991, date be
deleted and that the date of manufacture be used instead. NATA agrees
with the exclusion of rotorcraft and airplanes certificated with nine
or fewer passenger seats from the regulations, but feels that the term
``multiengine,'' which is included in current Sec. 135.152 (a) and (b),
should be included in proposed Secs. 135.152 (i) and (j).
FAA Response: The FAA appreciates the NATA comment but it does not
agree that applicability is an issue for this final rule. The FAA
recently promulgated new part 119, which determines the type of
operation that is applicable to an on-demand or commuter operation.
When using the definitions of part 119, it is clear that Sec. 135.152
applies to on-demand operators of the 10-30 seat airplanes, and that
Sec. 121.344a applies to scheduled commuter operators. The FAA
acknowledges that DFDR's do not in and of themselves prevent accidents;
they are used as an investigative tool when accidents or incidents
occur. However, it does not agree that continuing to obtain the current
level of information required to be recorded by Sec. 135.152 without
obtaining any new information is acceptable for future accident
investigation. Similarly, the FAA does not agree with NATA that the
term ``multiengine'' should be included in the new Secs. 135.152 (i)
and (j) for certain newly manufactured airplanes. In its deliberations,
the FAA decided that a new, single-engine, turbine-powered airplane
capable of carrying 10 to 30 passengers should meet the same standard
as the multiengine airplane carrying the same number of passengers.
Since NATA has not submitted any additional justification that would
warrant different treatment of these airplanes, no changes were made as
a result of this comment.
The Air Transport Association (ATA) generally supports the proposed
rule, but expresses disagreement in the following areas. ATA comments
that because the FAA proposes more parameters than are included in the
JAR-Ops, harmonization is not achieved, and suggests that the FAA
should restrict its list of parameters to those required by European
standards, even if it means keeping the number of newly manufactured
airplane DFDR parameters at 57. ATA also comments that increasing
sampling rates in newer generation aircraft is not cost effective and
recommends that several parameters be recorded at a sampling rate of
once per second rather than twice per second as proposed. (The specific
parameters will be addressed in the FAA reply.) In addition, ATA
requests clarification regarding those aircrafts that fall under the
requirements of Appendix B and have the flight control breakaway
capability that allows either pilot to operate the controls
independently.
ATA comments that the Lockheed Aircraft Corporation Electra L-188
should be included on the list of airplanes that would not have to
comply with the new proposal. The L-188 is out of production but
remains in service. ATA also comments that the Loral 800 FDR does not
have the capacity to record lateral acceleration at the rate of 4 words
per second, as proposed. A two-engine airplane equipped with the Loral
F800 is only capable of recording this parameter at a rate of 1 wps.
ATA recommends that Appendix B be revised to allow a recording rate of
1 wps for lateral acceleration for airplanes equipped with 32 wps
recorders.
Also, ATA comments that the NPRM does not take into account
aircraft with specialized data acquisition that may be capable, for
example, of recording primary axis controls, either by pilot inputs or
by surface position, but is not capable of recording both. ATA
maintains that software to support this unique system is not available,
which would result in the need to install extensive rewiring and
expensive hardware.
ATA also comments that some of the accuracies listed in the NPRM
for certain parameter sources differ from the accuracy as defined by
the aircraft manufacturer, and suggests that when this happens, the
manufacturer's accuracy should apply over the affected range.
ATA comments that some operators have established their DFDR
Maintenance Programs using the current Appendix B parameter numbers for
tracking and compliance purposes. ATA recommends that the final rule
allow those operators that have a parameter-number-based FDR
maintenance program to add the new parameters (numbers) to the original
list, their maintenance manuals, and word cards.
ATA states that the FAA's time frame for compliance is more
reasonable than that proposed in the NTSB recommendations, but still
maintains there will be a tremendous burden on manufacturers,
operators, and suppliers, as well as the FAA. Although FAA rejected
ATA's earlier recommendation to establish a phased compliance schedule,
ATA now suggests the FAA should survey operators annually after the
effective date of the rule to determine the status of operator retrofit
programs.
ATA states that with a few exceptions, its cost estimates generally
agree with the data presented by the FAA in the proposed rule. It
states, however, that some costs were not addressed in the NPRM, and
consequently, ATA feels the FAA's cost estimates underestimate the
total program costs.
FAA Response: The FAA disagrees that disharmony occurs as a result
of this final rule. The ARAC working group made every effort to make
the proposal identical, where applicable, to the requirements of ED-55.
However, the FAA has determined that those requirements are
insufficient to satisfy NTSB recommendations for U.S. operators, and
has thus provided some
[[Page 38370]]
additional requirements. The FAA recognizes that there may be other
alternatives to obtain data, but no comprehensive alternative that
would meet the NTSB recommendations has been presented, nor cost data
submitted for comparison. The proposed sampling rates, resolution
readouts, and parameter list in the NPRM were developed with input from
industry representatives, the FAA, and the NTSB. The FAA has determined
that justification provided by ATA is not sufficient to change the
proposal.
The FAA agrees that the Lockheed Aircraft Corporation Electra L-188
should be included in the list of airplanes that need not comply with
these amendments, and the applicable sections have been revised in the
final rule.
The FAA does not agree that the Loral F800 is incapable of
recording 4 samples per second (the FAA assumes ATA misquoted the NPRM
when it said 4 words per second), as proposed. According to the
manufacturer of the F800 recorder, lateral acceleration can be recorded
at 4 samples per second if a nonrequired parameter is removed from the
input to the recorder, and the existing spare channels are used.
Regarding specialized equipment configurations, the FAA requested
for specific comment from TWA and other operators that may find
themselves in unique circumstances. Although the ATA comment points out
a unique problem with specialized FDAU's, the limitations are of
recording system capacity caused by out-of-date software. The FAA is
not inclined to revise the proposed rule in such a way to encourage the
continued use of old, insufficient software. The FAA does acknowledge
that extenuating circumstances may occur, and so may consider
exemptions requesting relief from the recordation of specific
parameters if an operator can show that all efforts to rearrange
nonrequired parameters and software ``fix'' solutions have been
exhausted, and that the only solution would be an expensive equipment
upgrade.
The FAA acknowledges that some of the accuracies listed are not the
same as those listed by the manufacturers, but maintains that to
achieve the minimum level of safety prescribed by the rule, and to
maintain the continuity of recorded data, the FAA must establish the
standards, not the individual manufacturers.
The comment concerning operator maintenance programs is not a
flight data recorder issue, and is beyond the scope of this rulemaking
action. The current rule does not prohibit, and the NPRM did not
propose to prohibit those operators with a parameter-number-based FDR
maintenance program from adding new parameters (by number) to the
original list, their maintenance manuals, or word cards.
Regarding the commenter's suggestion to survey operators annually
after the effective date of the rule to determine the status of
operator retrofit programs, the FAA finds that the exercise would serve
no useful purpose and would require additional resources and paperwork.
Operators may submit their DFDR retrofit status at any time on a
voluntary basis. During working group discussions, it was decided that
a phased-in compliance schedule would not be necessary because affected
airplanes could be retrofitted with any newly required equipment at the
time of a heavy maintenance check. A separate DFDR retrofit schedule
could conflict with other established maintenance schedules and
increase costs.
Discussion of economic comments can be found in the Regulatory
Evaluation section of this preamble. Except where noted above, no
changes were made as a result of this comment.
The National Transportation Safety Board disagrees with the FAA's
proposed compliance dates for newly manufactured and existing aircraft,
and with the minimum parameter requirements for existing aircraft. It
also disagrees with the FAA's decision not to require more expeditious
flight control parameter upgrades for Boeing 737 airplanes, as required
by the Board in its Recommendation A-95-25, and now suggests a December
1997 compliance date for retrofit of these airplanes.
In addition, for newly manufactured airplanes, the NTSB comments
that most of the 88 parameters included in the FAA's proposal are
currently being recorded, or are capable of being recorded with little
cost, by existing FDR systems. Therefore, the NTSB believes that there
does not appear to be a justifiable technical or economic reason for
not requiring a full 88-parameter installation on newly manufactured
aircraft by 3 years after the date of the final rule.
The NTSB also comments that the parameter ``Overspeed Warning''
should be added to the parameter list for newly manufactured airplanes,
and that the final date should explain in greater detail the
significance of the Appendices Header, which reads ``The recorded
values must meet the designated range, resolution and accuracy
requirements during dynamic and static conditions. All data recorded
must correlate in time to within one second.'' The NPRM does not make
it clear that this statement may have a significant impact on some
existing airplanes with FDR parameters that do not reflect the actual
condition of the aircraft during certain dynamic conditions. Certain
data may not be recorded accurately due to filtering that takes place
prior to recording.
The NTSB would like the FAA to change the proposed language to
require non-FDAU equipped aircraft to be equipped with FDAU's and
believes that the benefit would justify the additional $50,000 per
aircraft cost of this retrofit. Adding a FDAU enables the recording of
all the FDR parameters recommended by the Board in Recommendation 95-
26. It would also provide reserve capacity for future FDR parameter
needs that may become necessary in the future as a result of accident
investigations and/or technology advancements.
In addition to the 1997 compliance date for Boeing 73 retrofits and
the 3-year compliance date for newly manufactured airplanes, the NTSB
suggests that industry should be able to retrofit the affected existing
fleet within 2 years from the issuance of the final rule, rather than
the 4 years proposed in Notice 96-7.
FAA Response: The FAA has fully explored with ARAC the NTSB
recommendations concerning the Boeing 737 and a 2-year versus 4-year
compliance date. During the course of the ARAC working group
deliberations, the aircraft manufacturers presented and justified
arguments that they would need more than 3 years to incorporate the
engineering designs necessary to accommodate the proposed parameters
that are beyond those listed in ED-55. The FAA published the result of
those deliberations in the NPRM, which provided the rationale for these
proposals and the retrofit of the existing fleet. The aviation industry
provided information that indicated a 2-year retrofit schedule would be
prohibitively costly, and that it may be technologically impossible to
complete a fleet retrofit in less than 4 years. In addition, a
mandatory 2-year retrofit schedule would have had a major effect on the
traveling public due to unscheduled groundings of airplanes that would
be necessary to meet the requirement. During ARAC discussions, industry
and the FAA found that a 2-year retrofit would be burdensome, and
discussed whether a faster retrofit would result in expenditures that
would undermine separate attempts to find the cause of incidents and
accidents. Finally, the FAA determined that a 4-year compliance time
would permit the operators to schedule DFDR retrofits during a major
maintenance check, e.g.,
[[Page 38371]]
a ``D'' check, while the aircraft is at a maintenance facility that has
the equipment and technical capability to perform the installation and
the modifications to the airframe. The NTSB has presented no new
persuasive arguments that would justify changing the proposal.
Since the Pittsburgh (Aliquippa) Boeing 737 accident, Boeing has
concentrated its efforts on using the available actual data and derived
data to better understand the possible causes of this accident. Boeing
has recently introduced changes in the Boeing 737 rudder system that it
believes will prevent future rudder-induced rollover accidents. The FAA
acknowledges the merits of the Boeing program and notes that such
activities could be cut short if time and resources had to be directed
toward meeting an accelerated DRDR retrofit schedule. At best, the
recording of additional parameters may highlight where a problem
exists. The rudder redesign efforts of Boeing, however, are a positive
action that might prevent future accidents, and care must be taken not
to inhibit such actions unnecessarily.
At the 1995 public hearing on flight data recorder upgrades, the
FAA stated that it hoped that airlines would not wait for a government
mandate before upgrading recorders. The FAA has received information
that at least one major operator of Boeing 737 airplanes has already
made a substantial commitment to upgrading its airplanes before the
compliance date mandated in this rule. The FAA applauds this dedication
to an important safety initiative and encourages equally aggressive
compliance schedules from other operators.
The Board's suggestion to add to the parameter list of ``Overspeed
Warning'' was not raised during the NTSB's participation in the ARAC
working group. The FAA is not including in the final rule in an effort
to maintain consistency with the proposed rule and the substantial cost
analyses done by industry for the parameters already proposed. The FAA
will consider adding the parameter in future rulemaking.
The NTSB requests a more detailed explanation of the Appendices
Header that, as proposed, reads: ``The recorded values must meet the
designated range, resolution and accuracy requirements during dynamic
and static conditions. All data recorded must correlate in time to
within one second:.'' The FAA added the requirement for a dynamic test
condition to ensure accurate dynamic recording of aircraft performance.
This requirement was necessary to preclude the presumption that
information that may be obtained from filtered or modified signals.
Correlation must be within one second between recorded data and actual
performance. The FAA agrees that further explanation of these tests is
needed, and intends to address the test procedures in an upcoming
Advisory Circular to clarify the recording of dynamic and static
conditions, and other acceptable means of compliance with the rule.
The original NTSB recommendations did not fully recognize the
considerable constraints of DFDR retrofit of older airplanes that are
out of production and are not equipped with flight data acquisition
units (FDAU's), and for transport category airplanes whose type
certificates apply to airplanes still in production. The NTSB did not
recommend that 88-parameter recorders be installed in those airplanes.
The ARAC team discussed the differences between FDAU-equipped and non-
FDAU-equipped airplanes and recognized that the NTSB recommendation
could not be fully accommodated without a FDAU retrofit of older
airplanes. However, the costs related to redesign and retrofit were
found to be excessive when compared to the benefits gained in older,
less complex airplanes. Therefore, the ARAC team recommended different
retrofit requirements for three different categories of airplanes,
depending on their age and equipment already installed. Those
categories and requirements were discussed in Notice No. 96-7, and are
summarized in a chart printed in this preamble. The FAA has fully
debated this issue and disagrees with the NTSB comment concerning FDAU
retrofit of older airplanes, including that an additional $50,000 cost
per older aircraft is justified. The FAA finds that the NTSB has
submitted no new information that either was not considered by the FAA
or that would justify developing a supplemental notice to incorporate
this comment. No changes have been made as a result of the NTSB
comment.
Several members on staff at the West Virginia University (WVU)
comment that a virtual flight data recorder that they have been
developing is capable of achieving the same result that an actual
flight data recorder can, at much lower costs to industry. Congressman
Nick J. Rahall II and Senator John D. Rockefeller IV, both of West
Virginia, and the Air Transport Association (ATA) submitted comments in
support of the WVU comment. The ATA states that the FAA and the NTSB
should fund this technology.
FAA Response: The information presented in this comment is beyond
the scope of this rulemaking action. It is ultimately the
responsibility of the NTSB to determine whether this technology would
be a useful accident investigation tool and provide the necessary
funding for future research. The commenter's suggested methods of
obtaining information from ``virtual'' flight data recorders in lieu of
the proposed expanded flight data recorders, while interesting, would
not satisfy the NTSB recommendations being addressed in this final
rule, especially considering the NTSB's expressed need for directly
recorded data. No change was made as a result of this comment.
An individual comments that the FAA does not provide a cost benefit
analysis in the NPRM. In addition, the commenter believes the proposed
rule is unnecessary and will not automatically improve aviation safety.
He presents a number of hypothetical probable causes for accidents
discussed in the preamble of the NPRM and suggests that improved
inspection, maintenance, and training would better serve to prevent
similar accidents. The commenter also states that it is necessary to
record both pilots' inputs (force and displacement) as well as the
control surface positions.
FAA Response: The NPRM contains a summary of a cost-benefit
comparison. A more complete analysis is contained in the docket. The
FAA disagrees that the proposed rule is unnecessary, although the
immediate safety benefits may not be readily apparent. Currently,
DFDR's are being used to aid accident investigation. Furthermore, the
FAA is convinced that the enhanced data collection required by this
rule will improve the accuracy and completeness of accident and
incident investigations through the collection and analysis of more
information. In addition, the FAA finds that the enhanced data
collection required by this rule, and other voluntary measures being
implemented by the air carriers, will provide enough data to recognize
trends that may adversely affect flight operations in certain
airplanes. Manufacturers and operators can analyze these trends and
take corrective measures, if necessary, to avoid potential accidents or
incidents.
The FAA agrees that improved inspection, maintenance, and training
are important elements of preventing accidents, but that there is no
acceptable substitute for the additional data that will be gathered as
a result of this rule.
Regarding the comment on the requirement for recording from the
pilot and the copilot both force and displacement, the FAA maintains
that
[[Page 38372]]
the rule provides for the recording of both pilots' inputs. For
clarification, the information in the ``Remarks'' column has been
revised in the final rule.
An individual comments that he would like to see another item added
to the NPRM in light of the recent crashes of ValuJet and TWA.
Specifically, he suggests that the rule require an independent,
lightweight, stand-by power supply to the CVR and FDR in the event of
main bus power failure. He believes that power source should be
available for 5 to 10 minutes. He believes that the NTSB agrees with
his comment and asks for consideration in future rules if this comment
cannot be included in this rulemaking.
FAA Response: The commenter did not present enough information to
support the idea that a stand-by power supply would be useful during a
catastrophic failure in which the recording sensors are disabled or
destroyed. Since power sources for flight data recorder equipment were
not part of the notice, the comment is beyond the scope of the rule,
and no changes were made as a result of this comment.
Discussion of Comments to Proposals for Part 129
Airbus Industrie comments that it believes the most recent
international standards, as established by ICAO, should be sufficient
to meet the intent of the NTSB recommendations, and believes that to
require additional standards for non-U.S. operators would impose heavy
retrofit costs. The commenter believes that most parameters proposed
can, with currently installed equipment, be either recorded directly or
reliably determined from other data, and requests that more flexibility
be allowed to derive certain parameters from other data as an
alternative to direct recording.
FAA Response: The ARAC working group made every effort to make the
proposal identical, where applicable, to the requirements of ED-55.
However, the FAA has determined that those requirements alone are
insufficient to satisfy the NTSB recommendations for U.S.-registered
airplanes. Also, the FAA recognizes that there may be alternative
methods available to obtain information, other than direct recording,
but has determined that direct recordation is the most reliable method,
and the best one to accomplish the needs of the NTSB. The NTSB has
investigated a number of proposals wherein the proposed parameters were
derived; however, the NTSB was not convinced that the methodology
demonstrated was as accurate as direct recordation. No changes were
made as a result of this comment.
Lufthansa German Airlines comments that a four-year compliance time
is not sufficient to modify its fleet and maintains that, at a minimum,
six years would be needed.
FAA Response: The commenter did not indicate the size of its fleet
that would be subject to the retrofit requirements; however, the FAA
would like to point out that the part 129 requirements apply only to
U.S.-registered airplanes, not to the commenter's entire fleet. The FAA
maintains that extending the compliance time would not significantly
reduce the cost or down time involved per airplane. Since the commenter
provided no further information regarding maintenance schedules or why
the commenter could not meet a 4-year compliance date, no changes were
made as a result of this comment.
Japan Airlines Company, Ltd. (JAL) comments that its Aircraft
Integrated Monitoring System (AIMS) FDAU is almost fully occupied by
parameters that JAL uses for monitoring on-board and ground-based
operations. JAL maintains that requiring the recordation of additional
parameters or increasing sampling rates would require modifications
(including reviewing and rearranging all of the word slot assignments
in its FDAU's) that would cost several million dollars and would
require several months to accomplish. JAL requests that the FAA exempt
from the final rule those airlines that are currently operating with
AIMS, or to exempt those airlines from the proposed increased sampling
rates for DFDR parameters.
FAA Response: As stated previously, the FAA acknowledges that some
operators may have to change their preferred programming to accommodate
recordation of the required parameters. The categories of aircraft
retrofit created by this rule were chosen carefully to account for the
majority of aircraft of a certain age and equipment installations. The
requirements were set so as to not require overall equipment
replacement for minimal gains. Accordingly, the FAA cannot exempt any
aircraft simply because it is part of an AIMS-type system, as suggested
by the commenter, without ignoring the carefully established
categories. Moreover, JAL states that ``most of the newly-requested
parameters are already recorded in (JAL's) DFDR,'' and that compliance
would require a rearrangement of word slot assignments. JAL has not
shown that this presents an undue regulatory burden or one that was not
already considered by the FAA in this rulemaking.
The FAA again acknowledges that this rule will place some economic
burdens on operators. Discussion of comments on economic issues can be
found in the Regulatory Evaluation section of this preamble.
No other comments were received pursuant to these proposals. In the
absence of sufficient, persuasive justification that is necessary to
change the proposed regulations, they are adopted as proposed.
Discussion of Comments to the SNPRM
Two commenters stated that they support the proposals in the SNPRM.
TOIL submitted further comment to justify exemption of the DHC-6-
300 from the DFDR retrofit requirements. The commenter's main concern
is with ``the proposed reversal of policy established by Flight
Standards Information Bulletin 92-09'' and again urges the FAA to adopt
its previous policy interpretation regarding airplanes brought onto the
register after October 11, 1991, and to codify that previous policy.
TOIL did not offer comments on the proposals in the SNPRM.
FAA Response: The commenter seems to have misunderstood that the
change in policy announced in the NPRM was a ``proposed'' reversal of
policy. The change in policy was a determination already made; the NPRM
was merely a conduit for announcing the change since the subject matter
was relevant to the NPRM and the affected parties would be notified
more efficiently using that document. As stated in the NPRM and the
SNPRM, the previous policy interpretation was found to be inconsistent
with the text of the rule. The FAA cannot, in good faith, allow
operators to continue to operate without complying with the rule and
has made no changes to the rule addressing the change of policy.
Further explanation is provided in this preamble in the section,
``Discussion of Policy Change'' below.
One individual commented that the rule should address alternate
methods of powering recording devices, stating that sometimes the
busses powering the recorders are turned off for isolation purposes in
the event of an emergency that involves fire or smoke.
FAA Response: The FAA acknowledges the merit of this comment;
however, the issue it addresses is outside the scope of this
rulemaking; it may be considered in a future rulemaking action. No
changes were made as a result of this comment.
RAA comments that neither the NPRM nor the SNPRM have provided
[[Page 38373]]
data to suggest that adoption of the proposals will result in a
reduction of accidents, and therefore the final rule should not be
applicable for aircraft where it is shown that disproportionate
economic hardship would result. The commenter feels that aircraft with
10 to 19 passenger seats should be affected only if they are newly
manufactured after October 11, 1991 (as opposed to being brought onto
the U.S. register, as the rule currently states). RAA comments that if
the FAA does insist on adopting the rule as proposed, the 2 year
compliance time stated in the SNPRM should be revised to 4 years,
stating that it doesn't make sense to propose a 2 year compliance time
for some airplanes and 4 years for others.
FAA Response: The FAA acknowledges that immediate benefits from
this rule may not be readily recognized in terms of reducing accidents,
and that DFDR's themselves can prevent accidents. However, to respond
to the NTSB recommendations to provide better investigative tools for
accidents and incidents, the FAA undertook this rulemaking action.
Aviation industry representatives supplied the FAA with figures for the
economic evaluation that was presented in the NPRM. The cost figures
that the RAA submits in this comment refer only to the DHC-6-300, an
airplane with a unique combination of cost factors. The FAA has
determined that the DHC-6 will not have to comply with the DFDR
requirements. Other operators that can justify why their airplanes
should also be exempt, discussing the criteria outlined in the preamble
of the NPRM and the SNPRM, may petition to have their airplanes added
to the exemption paragraph in part 135.
The FAA agrees that the 2-year compliance time for airplanes of
operators that ``thought their aircraft were grandfathered to meet the
current requirements of part 135, not for installation of an upgrade''
should be revised to read 4 years, and those affected airplanes will
have 4 years to come into compliance. The compliance time language that
was included in the SNPRM has been removed to avoid any confusion in
compliance times. Affected operators have four years to comply, whether
operating under part 135 or part 121. Further explanation is provided
in this preamble in the section, ``Discussion of Policy Change'' below.
The NTSB agrees with the intent of the SNPRM, but comments that
specific language is needed to prevent part 121 operators from
operating foreign-registered aircraft fitted with FDR's that have as
few as five parameters. The commenter also states that the language
intended to correct the policy decision discussed in the NPRM and SNPRM
is somewhat confusing. The commenter feels that exemptions to
Sec. 135.152 should be handled through the exemption process on a case-
by-case basis rather being addressed in rule language, and agrees that
the ``out of production'' argument is not a sufficient reason for
exclusion. The NTSB agrees that the increase in the minimum FDR
recording duration for part 135 aircraft from 8 to 25 hours is an
appropriate and timely change.
FAA Response: The language proposed in the SNPRM, that the flight
data recorder requirements of Sec. 135.152 apply to aircraft registered
outside the United States but placed on the U.S. operations
specifications of an operator, is included in the final rule. In its
comment, the NTSB indicates that specific language should also be added
to part 121 requirements to ensure that all aircraft operated in part
121 service, including those under foreign registration, are operated
in accordance with the flight data recorder requirements of that part.
The NTSB indicates that Sec. 121.153 would permit the use of foreign-
registered aircraft that record only 5 parameters of flight data. The
FAA disagrees with the NTSB's reading of Sec. 121.153. Paragraph (c)(2)
of that section requires that foreign-registered aircraft operated
under part 121 must meet all of the requirements ``of this chapter (14
CFR Chapter 1),'' which includes all of the part 121 requirements.
Thus, any foreign-registered airplane operated under part 121 must meet
the FDR requirements as though the aircraft were registered in the
United States.
However, after further consideration, the FAA has decided that
Sec. 121.344a should contain the same language as Sec. 135.152
concerning aircraft placed on the operations specifications of an
operator. The ``brought on the U.S. register'' language of Sec. 135.152
was repeated in new Sec. 121.344a(a), and the correction proposed for
Sec. 135.152(a) in the SNPRM also applies to Sec. 121.344a(a). The
language is included in the final rule for clarity and parallelism
between the two sections. The FAA does not want to cause confusion in
the applicability of Sec. 121.344a for airplanes that are subject to it
beginning in March 1997.
The FAA agrees that the simple fact that airplanes are out of
production is not sufficient justification for their exclusion from the
DFDR requirements. The number of out of production airplanes still
operating is significant, and many airplanes have too much economic
life remaining to allow them to operate with no or limited flight data
recorders. The FAA disagrees that any exception to this rule be handled
as exemptions on a case-by-case basis. The FAA does not grant blanket
permanent exemptions, and use of that process would necessitate the
reapplication of affected parties every two years. The FAA does not
anticipate that circumstances would change so as to justify later the
retrofit of the airplanes listed in this final rule as exempt. Further,
because these exceptions are listed for aircraft types, it is more
efficient to list them as part of the rule rather than having
individual operators apply on behalf of themselves and all affected
operators of a certain airplane type design.
Discussion of Policy Change
In the preamble to Notice No. 96-7, the FAA announced a change in
policy regarding certain airplanes that were brought on the U.S.
register after October 11, 1991 (61 FR 37154, July 16, 1996). The
language of current Sec. 135.152 is clear that any aircraft subject to
that section that was brought onto the U.S. register after that date
would have to meet the flight data recorder requirements of that
section. As explained in that Notice, there has been at least one
previous policy determination that certain airplanes--those that were
on the register before October 11, 1991, were taken off, and were added
to the register again after October 11, 1991--do not have to meet the
DFDR requirements because of their previous registration. As noted,
this policy is inconsistent with the clear language of the rule, and
with the recently adopted rules making part 135 scheduled commuter
airplanes subject to part 121 beginning in March 1997.
Comments to the NPRM and SNPRM, and telephone inquiries by
operators, indicate to the FAA that some commenters thought that this
is a proposed policy change. Commenters also took the opportunity to
suggest alternative policies to cover these airplanes, including a
change in Sec. 135.152 to make it applicable only to airplanes
manufactured after October 11, 1991. (See response at discussion of
TOIL's comments, above.) Further, the NPRM did not contain any proposed
compliance time for aircraft affected by the policy change, nor did it
specifically indicate that the policy change affects all aircraft--
airplanes and rotorcraft--subject to Sec. 135.152.
In the SNPRM, the FAA proposed to give operators that had been
operating under the old policy two years to comply with the regulation.
The
[[Page 38374]]
commenters note, however, that this places a burden on some operators,
and could cause operators of certain airplanes that are now subject to
part 121 requirements to possibly undergo a second retrofit--first to
meet Sec. 135.152 because of the policy change and again to meet
Sec. 121.344a.
The FAA agrees that the proposed compliance time of two years may
be short, and understands the confusion that resulted from the change
in policy being announced in the NPRM and discussed again in the SNPRM.
Accordingly, the policy change is effective on the effective date of
this final rule. Operators of airplanes or rotorcraft that were
operating pursuant to the old policy will have four years from the
effective date of this rule in which to comply with Sec. 135.152.
Affected operators should note, however, that there is no change to the
rule language of Sec. 135.152 to indicate that this compliance period
exists. The FAA found that a change in the rule language could be
interpreted to apply to all operators, rather than those affected by
the policy change; the compliance date proposed in the supplemental
notice is not adopted in this final rule.
Changes Adopted in the Final Rule
As a result of comments to the NPRM, the following changes were
made:
(1) The Lockhead Aircraft Corporation Electra L-188 airplane was
added to the list of airplanes that need not comply with proposed
Secs. 121.344 and 125.226, but must continue to comply with
Sec. 121.343 or 125.225, whichever is appropriate:
(2) The reference to Fairchild Aircraft, Inc. FH 227 was corrected
to reflect the manufacturer of the FH 227 is Fairchild Industries;
(3) In all appendices, the following comment was added to the
Remarks column for Parameter #88: For airplanes that have a flight
control break away capability that allows either pilot to operate the
controls independently, record both control force inputs. The control
force inputs may be samples alternatively once per 2 seconds to produce
the sampling interval of 1;
(4) Technical changes to the appendices, including sampling rates;
and
(5) Typographical errors were corrected and minor editorial changes
were incorporated.
As a result of the SNPRM and comments to the SNPRM, the following
changes were made:
(1) Proposed Sec. 121.344a(a) and comment Sec. 135.152(a) were
revised to include turbine-engine-powered airplanes having a passenger
seating configuration, excluding any required crewmember seat, of 10 to
19 seats, that were brought onto the U.S. register after, or that were
registered outside the United States and added to the operator's U.S.
operation specifications after, October 11, 1991;
(2) Section 135.152(k) was added to state that the deHavilland DHC-
6 (The Twin Otter) airplane need not comply with DFDR rules. Parts 121
and 125 already included exception paragraphs; the DHC-6 was the only
part 135 airplane for which justification was shown to grant
noncompliance;
(3) References in part 135 to 8 hours of recorded aircraft
operation were revised to read 25 hours, which reflects the current
industry standard; and
(4) The rule language proposed in the SNPRM to allow a 2 year
compliance time for airplanes currently not in compliance was not
adopted in the final rule. These aircraft were operating without DFDR's
based on a previous policy interpretation, the reversal of which was
announced in the preamble of the NPRM. The policy interpretation was
changed to be consistent with the current rule language, and no change
in the rule language is necessary.
(5) Each of the exemption paragraphs has been revised to indicate
that the exemption applies only to aircraft manufactured before the
effective date of this final rule.
Flight Data Recorder Upgrade Requirements
------------------------------------------------------------------------
Category 4
Category 1 No Category 2 FDAU, Category 3 FDAU, mfd 3 (or
FDAU*, mfd on or mfd on or before FDAU, mfd after 5) years after
before 10/11/91 10/11/91 10/11/91 final rule
------------------------------------------------------------------------
CURRENT PARAMETERS
------------------------------------------------------------------------
11 parameters 17 parameters Up to 29 29 parameters
parameters
------------------------------------------------------------------------
PROPOSED PARAMETERS
------------------------------------------------------------------------
17/18 parameters 17-22 parameters 34 parameters 57 parameters (3
years)
88 parameters (5
years)
------------------------------------------------------------------------
AIRPLANES
------------------------------------------------------------------------
1929 airplanes 1360 airplanes 1036 airplanes All newly
over 30 seats; over 30 seats over 30 seats manufactured
727, 737, DC-8, 704 turboprops 673 airplanes 10- airplanes
DC-9, F-28 A-320, 737, 747, 19 seats Existing
757, 767, DC-10, 277 airplanes 20- derivatives and
F-28, MD-80, ATR- 30 seats any new type
42, EMB-120, 737, 747, 757, certificates
SAAB 340, DHC-8, 767, 777, F-
L-1011 100, MD-11, MD-
80, MD-88, MD-
90, ATR-72
------------------------------------------------------------------------
* FDAU=Flight Data Acquisition Unit
International Compatibility
The FAA has reviewed corresponding International Civil Aviation
Organization regulations and Joint Aviation Authority regulations,
where they exist. Any differences between those documents and these
regulations are of a minor, technical nature, and are deemed
insignificant. As noted in the discussion of comments, the review
included the technical material for parameters numbered 1 through 57.
Beyond parameter 57, no international standards exist. The differences
noted above will not adversely affect harmonization.
Paperwork Reduction Act
This final rule contains information collections which are subject
to review by OMB under the Paperwork Reduction Act of 1995 (Pub. L.
104-13). The title, description, and respondent description of the
annual burden are shown below.
[[Page 38375]]
Title: Revisions to Digital Flight Data Recorders Rules.
Description: This regulation revises and updates the Federal
Aviation Regulations to require that certain airplanes be equipped to
accommodate additional digital flight data recorder (DFDR) parameters.
These revisions follow a series of safety recommendations issued by the
National Transportation Safety Board (NTSB), and the Federal Aviation
Administration's (FAA) decision that the DFDR rules should be revised
to upgrade recorder capabilities in most transport airplanes. These
revisions will require additional information to be collected to enable
more thorough accident or incident investigation and to enable industry
to predict certain trends and make necessary modifications before an
accident or incident occurs.
Description of Respondents: Businesses or other for profit
organizations.
There are no annual reporting or recordkeeping burdens associated
with this rule. The information is collected automatically,
electronically. It is retained for only 25 hours, and is overwritten on
a continuing basis. In the event of an accident or incident, the
information is downloaded by the NTSB as a part of its statutory
mission. The airplane operators are not required to keep the
information, nor to report it.
Cost estimates shown here are aggregates for the entire 4-year
compliance time frame. In determining capital and start-up costs to the
airline industry, the FAA has assumed that in determining the figures,
commercial airline operators took into account the annualized expected
useful life of the equipment to be installed in their aircraft. Total
capital investment costs, as detailed in the Regulatory Evaluation are
estimated at $155.4 million ($131.6 million discounted), and
engineering costs are estimated at $3.2 million ($2.7 million
discounted). Other costs, which include recurrent and nonrecurrent
maintenance costs and costs associated with retrieving information from
DFDR units following an accident or incident, are estimated at $16.4
million ($11.4 million discounted).
The agency solicits public comment on the information collection
requirements in order to: (1) Evaluate whether the proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information will have practical
utility; (2) evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (3) enhance the
quality, utility, and clarity of the information to be collected; and
(4) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Individuals and organizations may submit comments on the
information collection requirements by September 15, 1997, and should
direct them to the address listed in the ADDRESSES section of this
document. Comments should also be submitted to the Office of
Information and Regulatory Affairs, OMB, New Executive Office Bldg.,
Room 10202, 725 17th St. NW, Washington, DC 20503, Attention, Desk
Officer for FAA.
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number. The burden
associated with this final rule has been submitted to OMB for review.
The FAA will publish a notice in the Federal Register notifying the
public of the approval numbers and expiration date.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, the
Office of Management and Budget directs agencies to assess the effect
of regulatory changes on international trade.
With regard to Executive Order 12866, the FAA determined that this
rulemaking is significant because of the substantial public interest in
obtaining flight data and the NTSB's ability to conduct full
investigations. Accordingly, the FAA evaluated two alternative
approaches. In consideration of these alternatives, the FAA has
concluded that (1) shortening the compliance time frame to two years as
analyzed in the NPRM, would increase the cost of this rulemaking by as
much as $170.6 million, discounted; and (2) adopting a simulator
methodology to obtain more DFDR parametric detail, although less
costly, would not measure all parameters specified in this final rule,
nor satisfactorily meet the needs of the NTSB. Hence, the FAA has
rejected both of these alternative approaches.
With regard to the Regulatory Flexibility Act of 1980, the FAA has
determined that a substantial number of small entities will not be
significantly affected economically by this final rule. With regard to
the OMB directive, the FAA has concluded that this final rule could
have a potential, but insignificant, indirect affect on international
trade. A full regulatory evaluation of the final rule providing a
detailed discussion of the costs and benefits summarized in this
section is available in the docket for this rulemaking action.
Costs
To obtain representative and comprehensive information from which
to develop the industry costs of this final rule, the FAA relied on the
responses of the Air Transport Association (ATA) and the Regional
Airline Association (RAA) members to an air carrier cost survey
developed by the ARAC working group. (The FAA augmented this
information with adjusted cost analyses from the recently effectively
commuter rule). The principle aggregate costs detailed in the cost
survey were (1) equipment and inventory/spares; (2) engineering,
installation, and other costs, inclusive of recurrent maintenance
costs; and (3) aircraft out-of-service costs, which reflect net
operating revenue losses resulting from unscheduled aircraft downtime.
The FAA estimates that total costs for air carriers operating
turbojets under part 121 would equal $308.9 million ($259.1 million,
discounted) within the 4-year compliance time frame of this rulemaking.
The equivalent total turboprop fleet costs for air carriers operating
under part 121 are estimated to be $30.4 million ($25.8 million,
discounted) under the same 4-year compliance time frame. Estimates of
the total 4-year compliance time frame costs for part 135, 10-19 seat
aircraft required to operate under part 121 as of March 1997 are $26.4
million ($22.3 million, discounted) and for part 135, 20-30 seat
aircraft, are $10.9 million ($9.2 million, discounted). Total part 135
costs are $37.3 million ($31.5 million, discounted). Thus, the
estimated total 4-year compliance time frame discounted costs for the
retrofits required under this final rule are $316.3 million.
The costs associated with upgrading the industry's turbojet fleet
with the new DFDR requirements are in excess of 80 percent of the total
air carrier industry costs (turbojets, turboprops and part 135
airplanes required to begin operating under part 121 in 1997). Just
over 20 percent of the total turbojet fleet costs ($70.1 million; $59.4
million,
[[Page 38376]]
discounted) are out-of-service costs or lost net operating revenues
that result from this rulemaking. No similar estimates of the out-of-
service costs were provided to the FAA for either the turboprop fleet
or part 135 carriers that will now be required to operate under part
121. Proportionately however, the FAA does not expect these to be
significantly different than those estimated for the turbojet fleet.
Benefits
The FAA finds that the benefits that will result from this final
rule can be considered as two interrelated areas. First, there are
inherent, non-measurable benefits that evolve from increasing the
volume of detailed accident and incident information from which the
aviation industry as a whole can draw upon as an added resource.
Second, there are the direct, measurable benefits that would result
from potentially averting an accident as a result of the DFDR
enhancements.
In the first instance, this final rule supports the recent
voluntary efforts of those air carriers that have introduced data
acquisition enhancements into their newer model airplanes. This subset
of new airplanes with upgraded DFDR's has provided certain air carriers
with ``quick access'' capability and allowed for the development of
integrated maintenance and training programs predicated on the
additional information being collected. It has also allowed for more
rapid and comprehensive detail to be obtained by the FAA and NTSB in
certain recent airplane accidents. The inherent benefits resulting from
this rulemaking will evolve as all commercial air carriers adopt the
required DFDR enhancements in their airplanes.
Although DFDR's do not in and of themselves prevent accidents,
through their use as an investigative tool when accidents or incidents
do occur, trends that may adversely affect flight operations in certain
airplanes can be determined. Accident investigators in obtaining a
greater understanding of the accident dynamics from the DFDR
information, can, in turn, be used to more easily determine the
probable causes of accidents and incidents. With this knowledge, a
``fix'' can be developed to reduce the chance of a similar occurrence
in the future.
In the second instance noted above, although the FAA is not able to
quantify precisely the likely benefits that will ultimately result from
this rulemaking, the FAA anticipates that the DFDR enhancements
required by this final rule will lead to a reduction in accidents and a
saving of lives. As a result of analyzing incidents involving aircraft
with DFDR enhancements in place, the FAA finds that there is a
reasonable prospect that as many as 1.43 accidents could be prevented
over the next 20 years. This could save up to 143 lives. The FAA
anticipates that, particularly in light of the NTSB recommendations,
information concerning enhanced parameters can be collected cost-
effectively; it is also expected that the FAA will be able to use
incident information to reduce accidents of the nature that are
currently of undetermined cause.
Benefit Cost Comparison
The FAA cautions that the cost analysis detailed in the preceding
sections is not necessarily exhaustive. The purpose of this rulemaking
is to require the installation of DFDR's that record more flight
information. This in turn, will allow industry to recognize certain
trends in order to make any necessary modifications to avoid future
accidents or incidents. Thus, the FAA presumes that, as a result of
this rulemaking, the quantity and quality of information will increase.
To the extent that NTSB is able to make findings of probable cause in
the event of accidents or incidents, the FAA will be able to determine
what, if any, appropriate additional action is needed to prevent a
recurrence of those kinds of accidents or incidents.
Future FAA actions could take the form of Advisory Circulars,
Airworthiness Directives, or possibly, additional rulemaking. The costs
of these follow-on FAA actions could vary from negligible costs to
considerable costs of some unknown amount. While the costs of such
future follow-on actions by the FAA might be considered part of the
costs of this rulemaking, the FAA cannot estimate the costs of these
unknown future actions. The FAA acknowledges that, to the extent that
the costs of any follow-on actions are more than negligible, the
current cost estimates would tend to underestimate the total cost of
this rulemaking.
Public Comments on Economic Issues in the NPRM
The FAA received comments from twenty-six parties in response to
the published DFDR NPRM. Most of the comments concerned engineering and
other technical detail germane to the reconfiguration requirements;
fewer comments presented any detailed economic considerations of the
proposed rule. This was expected since the regulatory evaluation and
economic analysis were derived from the airline-specific cost
information as provided through the ATA and RAA, both of which
participated in the ARAC process. The comments containing more specific
economic content are summarized below.
Several commenters addressed specific issues with regard to
airplanes currently operating under part 135. Piedmont Airlines notes
that the recorders currently used in its ATR-72 record 98 parameters
and those used in its SAAB 340 record 128 parameters. In both cases,
certain of the parameters specified by this rulemaking are not
currently being recorded but could be derived; the cost however, to
retrofit these airplanes to be in compliance would be about $100,000
per aircraft. Similarly, Aerospatiale and Alenia (ATR), manufacturers
of ATR airplanes, suggest some requirements flexibility should be
introduced for those airplanes such as the ATR 42/72 with recorder
requirements that are essentially in harmonization with EUROCAE ED-55
requirements.
Comments submitted by the RAA include statements by RAA members
that question the rationale of including for retrofit certain aircraft
that currently have demonstrably effective recorder systems. In
addition to the above noted ATR 42, ATR 73 and SAAB 340, the RAA, in an
attachment submitted by Atlantic Southeast Airlines, Inc. (ASA),
objects to the retrofit of BAe 146 and EMB-120 aircraft. ASA also cites
a previous estimate submitted by Aerospatiale to retrofit the ATR 72 as
costing $30,000 and 20 man-hours per aircraft, and a previous estimate
submitted by AVRO to retrofit the BAe 146 as costing $110,000, 1200
man-hours, and 2.5 weeks downtime per aircraft.
In another statement submitted with the RAA comment, Comair
believes the recorder capabilities currently employed on its in-service
fleet far exceed those of the rulemaking's ``target aircraft'', e.g.,
older 737's and DC-9's. Comair also provided retrofit cost data for its
fleet of 40 Embraer EMB 120 aircraft ($51,450 and 6 days downtime per
aircraft) and its fleet of 70 Canadair CL600-2B19 regional jets
($136,600 and 6 days downtime per aircraft). Although not part of the
RAA comment and attachments, Embraer also provided detailed cost
information for the retrofitting of the EMB-120 aircraft under each of
the categories specified in the rule. Embraer's retrofit cost estimates
are more in line with those presented in the NPRM and considerably less
than those cited above.
A statement from USAir Express notes that the cost data submitted
by the RAA
[[Page 38377]]
were primarily for aircraft operated by RAA members under part 121, not
part 135 as estimated in the regulatory evaluation; only the EMB-120 is
operated exclusively under part 135. As a consequence, RAA/USAir
Express suggest that the FAA cost estimates for retrofitting aircraft
operating under part 121 are from 5 percent to 10 percent low.
Finally, Twin Otter International (TOIL) contends that the DHC-6-
300, which is no longer in production, was not designed for FDR's and
no engineering data exists to support an FDR installation. TOIL
estimates the costs to redesign the DHC-6-300 aircraft systems and
recertify would be in excess of $130,000, and deHavilland, the Twin
Otter manufacturer, has no interest in participating in the cost of
certifying/retrofitting the DHC-6-300. TOIL concludes that application
of the rule would inhibit the ability of U.S. operators to purchase
additional aircraft, particularly since the majority of available Twin
Otters are registered outside the U.S.
FAA Response: The FAA appreciates the additional cost detail
regarding aircraft operating under part 135 as provided in these
comments, as well as the clarification of the cost detail as provided
by the RAA. The FAA relied heavily on ARAC working group members to
supply accurate and timely cost detail and economic information. This
reliance also assumed that the cost detail supplied clearly delineated
the retrofit costs associated with aircraft operating under part 135
from those operating under part 121.
With regard to the so-called ``requirements flexibility'' or
possible exemption of certain aircraft, this is not a matter for
consideration in the regulatory evaluation. It should be noted that the
ARAC working group, with significant industry input, concluded that the
differences between the NTSB recommendations and ED-55 would be
insignificant for U.S. operators. Finally, with regard to the DHC-6-300
airplane (the Twin Otter) the FAA received sufficient information to
support the exemption of these aircraft operated under part 135.
Section 135.152(k) was added to provide that exemption.
Several comments were received regarding the 88 parameter list for
airplanes in category V (those that will be manufactured five years
after the effective date of this rule), most of which noted the absence
of a detailed cost/benefit analysis specific to this requirement for
future newly manufactured aircraft. Airbus Industrie notes an inexact
match between the 88 or more parameters currently being recorded by
some European manufacturers of FDRs and those on the NTSB list. This is
also true of the currently operational A300-600/310 and A319/320/321
aircraft which can record up to 270 parameters and the A330/A340 models
which can record up to 400 parameters.
The Air Line Pilots Association (ALPA) notes that the cost data
supplied by ATA and RAA was inclusive only up to 57 parameters
(category IV), but contends that there is no justifiable technical or
economic reason not to include 88 parameters 3 years (not 5 years)
after the promulgation of the final rule as is the case with the 57
parameter group. Fairchild Aircraft disagrees with the position that
newly manufactured 10-19 seat airplanes should be required to have
either 57 parameters within 3 to 5 years after issuance of the final
rule or 88 parameters 5 years after issuance of the final rule.
Fairchild Aircraft also maintains that compliance with Sec. 135.152 is
more than adequate for airplanes operating under part 135. Fairchild
Aircraft, one of two U.S. manufacturers of commuter category airplanes
also included aggregate recurring and non-recurring cost estimates for
retrofitting its Metro 23 airplane to be in compliance with final
rule's 57 and 88 parameter requirements. The General Aviation
Manufacturers Association (GAMA) notes that under all scenarios, the
cost of this rule exceed the benefits and faults the FAA with not
having developed separate cost/benefit analysis for newly manufactured
aircraft (57 or 88 parameters); GAMA believes this to be required under
the law. Finally, ATA contends that the disharmony arising over the 31
parameter discrepancy (88 vs. 57 parameters) would affect sales/
transfers of airplanes between European airlines/carriers and U.S.
airlines/carriers.
FAA Response: The FAA notes that no cost detail for the 88
parameter list was included in the information provided by ATA or RAA
for analysis in the NPRM, and the detail that was provided for the 57
parameter list was incomplete and essentially unusable. In both cases,
this was due to the lack of adequate vendor cost detail for products
which may not even be on the market as yet, and the generally
speculative nature that would be required or air carriers in developing
macro cost breakouts for newly manufactured airplanes in the future.
These impediments were recognized by the ARAC working group, and, as a
consequence, no request for this information was tendered.
With regard to the remaining issues noted above concerning the
parameter requirements of newly manufactured airplanes, the potential
cost burden, and the apparent excessive cost/benefit ratio, Federal
regulations in general, require only that the complete rule be
subjected to a cost/benefit analysis, not its component parts.
Furthermore, although the cost information provided by ATA and RAA
allowed detailed analysis of the first three aircraft categories, an
analysis of the benefits cannot be estimated in similar manner;
benefits therefore, were determined for the overall rule. Finally, as
noted in the preamble, cost alone cannot justify ignoring the
recognized potential safety gains inherent in this rule, the inclusion
of certain airplanes now operating under part 135 to comply with the
requirements of part 121 is a result of the commuter or ``one level of
safety'' rule.
With regard to parts vendors and the disaggregation of materials
costs, comments were received from two suppliers (Flight Systems
Engineering, Inc. and Patriot Sensors and Controls Corporation) and one
trade association (Airlines Pilot Association (ALPA)). The vendors'
comments addressed the costs of specific equipment components and the
lead time required to meet orders. A portion of ALPA's comments focused
on the need for a more extensive review of cost data and recommended
contacting individual manufacturers of FDRs and FDAUs.
FAA Response: The FAA appreciates the logistics information
regarding vendor lead times which are well within the 4-year compliance
time of this final rule. The FAA however, notes that the cost data
developed for this rulemaking was provided by ATA and RAA at the
aggregate level; it does not lend itself to the micro detail of
specific retrofit components. No changes to the regulatory evaluation
or the rule were made in response to these comments.
Finally, a comment was submitted by the Department of Civil and
Environmental Engineering of the University of West Virginia (WVU)
proposing an alternative approach to the retrofitting requirements of
this rule based on Artificial Intelligence, or more specifically,
Neural Network theory. Relying on an alternate set of assumptions, the
WVU team estimates the cost of the DFDR final rule at $1.046 billion,
or more than three times the FAA estimate, and offers their software-
based system, the Virtual Flight Data Recorder (VFDR), as a low-cost
alternative. Utilizing the data taken from an existing conventional 11-
parameter FDR, the VFDR, according to the WVU
[[Page 38378]]
team, would accurately ``reconstruct'' most of the additional
parameters detailed in the final rule via a Neural Network mapping
process at a cost of about $800-$1,000 per aircraft, or about 1 percent
of their cost estimate for this final rule. The WVU comment concludes
that the opportunity cost of the hard retrofit is lost savings which
could be invested in a variety of safety enhancements.
FAA Response: The FAA appreciates the efforts of the WVU team in
presenting an innovative, low-cost ``simulator'' alternative to the
hardware retrofits that will be required by this rule. However, the
rulemaking is concerned with expanding the number of parameters to be
recorded as requested by the NTSB, not with revising the means by which
additional data can be collected. The NTSB has made it clear that its
requirements must be met by direct parametric measurement via recorder,
and has not supported industry comments with respect to parameter
redundancy or inference from parameters already recorded. The FAA
supports the continued efforts on the part of the WVU team to
disseminate VFDR information to the NTSB, FAA Research Office and
airline industry. The FAA, through this rulemaking, takes no position
at this time on the VFDR or the commenter's measurement of the
opportunity costs of this final rule.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily or
disproportionately burdened by Federal regulations. The RFA requires
regulatory agencies to review rules which may have ``a significant
economic impact on a substantial number of small entities.'' For this
final rulemaking, a ``small entity'' is an operator of aircraft for
hire that owns, but does not necessarily operate, nine (9) aircraft or
fewer. A ``substantial number of small entities'', as defined in FAA
order 2100.14A--Regulatory Flexibility Criteria and Guidance, is a
number (in this instance, the number of operators) that is not fewer
than eleven and is more than one-third of the small entities subject to
final rule.
A ``significant economic impact'' or cost threshold, is defined as
an annualized net compliance cost level that exceeds (1) $122,400 (1995
dollars) in the case of scheduled operators of aircraft for hire whose
entire fleet has a seating capacity in excess of 60 seats; (2) $69,800
(1995 dollars) in the case of scheduled operators of aircraft for hire
for which the entire fleet has a seating capacity less than or equal to
60 seats; and (3) $4,900 (1995 dollars) in the case of unscheduled
operators of aircraft for hire.
The FAA has determined the annualized costs (20 years) for
scheduled operators of large aircraft to be $5,611 per aircraft.
Multiplying this estimate by 9 (the upper bound of the small entity
criteria) yields a result of $50,501. This estimate is significantly
below the minimum compliance cost criteria of $122,400 for scheduled
operators of large aircraft.
The FAA has also determined the annualized costs (20 years) for
scheduled operators of small aircraft to be $3,067 per aircraft. The
upper bound costs for consideration within the small entity (9
aircraft) criteria are $27,603, which is well below the minimum
compliance cost of $69,800. Thus, the FAA has determined that a
substantial number of small entities will not be significantly affected
by this final rule.
International Trade Impact Assessment
The FAA anticipates that revisions to digital flight data recorder
rules could have some indirect affect on international trade. The FAA
finds that while the final rule will not effect non-U.S. operators of
foreign aircraft operating outside the United States, it could affect
the suppliers of materials required for retrofitting the affected
aircraft in the domestic fleet. Domestic sources of the required
retrofit components may not be able to meet all of the increased demand
of the domestic air carriers for DFDR's as these air carriers increase
their orders to meet the compliance time frame for these regulations.
Foreign producers may benefit by supplying the unfilled orders.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
final rule is a significant regulatory action under Executive Order
12866. In addition, the FAA certifies that this rule will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. This rule is considered significant under Department
of Transportation Order 2100.5, Policies and Procedures for
Simplification, Analysis, and Review of Regulations. A regulatory
evaluation of the rule, including a Regulatory Flexibility
Determination and International Trade Impact Analysis, has been placed
in the docket. A copy may be obtained by contacting the person
identified under the heading FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 121
Air carriers, Aviation safety, Reporting and recordkeeping
requirements, Transportation.
14 CFR Part 125 and Part 129
Aviation safety, Reporting and recordkeeping requirements.
14 CFR Part 135
Aviation safety, Reporting and recordkeeping requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR parts 121, 125, 129 and 135 of the Federal
Aviation Regulations as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
2. Section 121.344 is revised to read as follows:
Sec. 121.344 Digital flight data recorders for transport category
airplanes.
(a) Except as provided in paragraph (1) of this section, no person
may operate under this part a turbine-engine-powered transport category
airplane unless it is equipped with one or more approved flight
recorders that use a digital method of recording and storing data and a
method of readily retrieving that data from the storage medium. The
operational parameters required to be recorded by digital flight data
recorders required by this section are as follows: the phrase ``when an
information source is installed'' following a parameter indicates that
recording of that parameter is not intended to require a change in
installed equipment:
(1) Time;
(2) Pressure altitude;
(3) Indicated airspeed;
(4) Heading--primary flight crew reference (if selectable, record
discrete, true or magnetic);
(5) Normal acceleration (Vertical);
(6) Pitch attitude;
(7) Roll attitude;
[[Page 38379]]
(8) Manual radio transmitter keying, or CVR/DFDR synchronization
reference;
(9) Thrust/power of each engine--primary flight crew reference;
(10) Autopilot engagement status;
(11) Longitudinal acceleration;
(12) Pitch control input;
(13) Lateral control input;
(14) Rudder pedal input;
(15) Primary pitch control surface position;
(16) Primary lateral control surface position;
(17) Primary yaw control surface position;
(18) Lateral acceleration;
(19) Pitch trim surface position or parameters of paragraph (a)(82)
of this section if currently recorded;
(20) Trailing edge flap or cockpit flap control selection (except
when parameters of paragraph (a)(85) of this section apply);
(21) Leading edge flap or cockpit flap control selection (except
when parameters of paragraph (a)(86) of this section apply);
(22) Each Thrust reverser position (or equivalent for propeller
airplane);
(23) Ground spoiler position or speed brake selection (except when
parameters of paragraph (a)(87) of this section apply);
(24) Outside or total air temperature;
(25) Automatic Flight Control System (AFCS) modes and engagement
status, including autothrottle;
(26) Radio altitude (when an information source is installed);
(27) Localizer deviation, MLS Azimuth;
(28) Glideslope deviation, MLS Elevation;
(29) Marker beacon passage;
(30) Master warning;
(31) Air/ground sensor (primary airplane system reference nose or
main gear);
(32) Angle of attack (when information source is installed);
(33) Hydraulic pressure low (each system);
(34) Ground speed (when an information source is installed);
(35) Ground proximity warning system;
(36) Landing gear position or landing gear cockpit control
selection;
(37) Drift angle (when an information source is installed);
(38) Wind speed and direction (when an information source is
installed);
(39) Latitude and longitude (when an information source is
installed);
(40) Stick shaker/pusher (when an information source is installed);
(41) Windshear (when an information source is installed);
(42) Throttle/power lever position;
(43) Additional engine parameters (as designated in Appendix M of
this part);
(44) Traffic alert and collision avoidance system;
(45) DME 1 and 2 distances;
(46) Nav 1 and 2 selected frequency;
(47) Selected barometric setting (when an information source is
installed);
(48) Selected altitude (when an information source is installed);
(49) Selected speed (when an information source is installed);
(50) Selected mach (when an information source is installed);
(51) Selected vertical speed (when an information source is
installed);
(52) Selected heading (when an information source is installed);
(53) Selected flight path (when an information source is
installed);
(54) Selected decision height (when an information source is
installed);
(55) EFIS display format;
(56) Multi-function/engine/alerts display format;
(57) Thrust command (when an information source is installed);
(58) Thrust target (when an information source is installed);
(59) Fuel quantity in CG trim tank (when an information source is
installed);
(60) Primary Navigation System Reference;
(61) Icing (when an information source is installed);
(62) Engine warning each engine vibration (when an information
source is installed);
(63) Engine warning each engine over temp. (when an information
source is installed);
(64) Engine warning each engine oil pressure low (when an
information source is installed);
(65) Engine warning each engine over speed (when an information
source is installed);
(66) Yaw trim surface position;
(67) Roll trim surface position;
(68) Brake pressure (selected system);
(69) Brake pedal application (left and right);
(70) Yaw or sideslip angle (when an information source is
installed);
(71) Engine bleed valve position (when an information source is
installed);
(72) De-icing or anti-icing system selection (when an information
source is installed);
(73) Computed center of gravity (when an information source is
installed);
(74) AC electrical bus status;
(75) DC electrical bus status;
(76) APU bleed valve position (when an information source is
installed);
(77) Hydraulic pressure (each system);
(78) Loss of cabin pressure;
(79) Computer failure;
(80) Heads-up display (when an information source is installed);
(81) Para-visual display (when an information source is installed);
(82) Cockpit trim control input position--pitch;
(83) Cockpit trim control input position--roll;
(84) Cockpit trim control input position--yaw;
(85) Trailing edge flap and cockpit flap control position;
(86) Leading edge flap and cockpit flap control position;
(87) Ground spoiler position and speed brake selection; and
(88) All cockpit flight control input forces (control wheel,
control column, rudder pedal).
(b) For all turbine-engine powered transport category airplanes
manufactured on or before October 11, 1991, by August 20, 2001.
(1) For airplanes not equipped as of July 16, 1996, with a flight
data acquisition unit (FDAU), the parameters listed in paragraphs
(a)(1) through (a)(18) of this section must be recorded within the
ranges and accuracies specified in Appendix B of this part, and--
(i) For airplanes with more than two engines, the parameter
described in paragraph (a)(18) is not required unless sufficient
capacity is available on the existing recorder to record that
parameter;
(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each
may be recorded from a single source.
(2) For airplanes that were equipped as of July 16, 1996, with a
flight data acquisition unit (FDAU), the parameters listed in
paragraphs (a)(1) through (a)(22) of this section must be recorded
within the ranges, accuracies, and recording intervals specified in
Appendix M of this part. Parameters listed in paragraphs (a)(12)
through (a)(17) each may be recorded from a single source.
(3) The approved flight recorder required by this section must be
installed at the earliest time practicable, but no later than the next
heavy maintenance check after August 18, 1999 and no later than August
20, 1997. A heavy maintenance check is considered to be any time an
airplane is scheduled to be out of service for 4 or more days and is
scheduled to include access to major structural components.
(c) For all turbine-engine powered transport category airplanes
manufactured on or before October 11, 1991--
[[Page 38380]]
(1) That were equipped as of July 16, 1996, with one or more
digital data bus(es) and an ARINC 717 digital flight data acquisition
unit (DFDAU) or equivalent, the parameters specified in paragraphs
(a)(1) through (a)(22) of this section must be recorded within the
ranges, accuracies, resolutions, and sampling intervals specified in
Appendix M of this part by August 18, 2001. Parameters listed in
paragraphs (a)(12) through (a)(14) each may be recorded from a single
source.
(2) Commensurate with the capacity of the recording system (DFDAU
or equivalent and the DFDR), all additional parameters for which
information sources are installed and which are connected to the
recording system must be recorded within the ranges, accuracies,
resolutions, and sampling intervals specified in Appendix M of this
part by August 18, 2001.
(3) That were subject to Sec. 121.343(e) of this part, all
conditions of Sec. 121.343(e) must continue to be met until compliance
with paragraph (c)(1) of this section is accomplished.
(d) For all turbine-engine-powered transport category airplanes
that were manufactured after October 11, 1991--
(1) The parameters listed in paragraph (a)(1) through (a)(34) of
this section must be recorded within the ranges, accuracies,
resolutions, and recording intervals specified in Appendix M of this
part by August 20, 2001. Parameters listed in paragraphs (a)(12)
through (a)(14) each may be recorded from a single source.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system must be recorded within the
ranges, accuracies, resolutions, and sampling intervals specified in
Appendix M of this part by August 20, 2001.
(e) For all turbine-engine-powered transport category airplanes
that are manufactured after August 18, 2000--
(1) The parameters listed in paragraph (a)(1) through (57) of this
section must be recorded within the ranges, accuracies, resolutions,
and recording intervals specified in Appendix M of this part.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system, must be recorded within
the ranges, accuracies, resolutions, and sampling intervals specified
in Appendix M of this part.
(f) For all turbine-engine-powered transport category airplanes
that are manufactured after August 19, 2002 the parameters listed in
paragraph (a)(1) through (a)(88) of this section must be recorded
within the ranges, accuracies, resolutions, and recording intervals
specified in Appendix M of this part.
(g) Whenever a flight data recorder required by this section is
installed, it must be operated continuously from the instant the
airplane begins its takeoff roll until it has completed its landing
roll.
(h) Except as provided in paragraph (i) of this section, and except
for recorded data erased as authorized in this paragraph, each
certificate holder shall keep the recorded data prescribed by this
section, as appropriate, until the airplane has been operated for at
least 25 hours of the operating time specified in Sec. 121.359(a) of
this part. A total of 1 hour of recorded data may be erased for the
purpose of testing the flight recorder or the flight recorder system.
Any erasure made in accordance with this paragraph must be of the
oldest recorded data accumulated at the time of testing. Except as
provided in paragraph (i) of this section, no record need be kept more
than 60 days.
(i) In the event of an accident or occurrence that requires
immediate notification of the National Transportation Safety Board
under 49 CFR 830 of its regulations and that results in termination of
the flight, the certificate holder shall remove the recorder from the
airplane and keep the recorder data prescribed by this section, as
appropriate, for at least 60 days or for a longer period upon the
request of the Board or the Administrator.
(j) Each flight data recorder system required by this section must
be installed in accordance with the requirements of Sec. 25.1459 (a),
(b), (d), and (e) of this chapter. A correlation must be established
between the values recorded by the flight data recorder and the
corresponding values being measured. The correlation must contain a
sufficient number of correlation points to accurately establish the
conversion from the recorded values to engineering units or discrete
state over the full operating range of the parameter. Except for
airplanes having separate altitude and airspeed sensors that are an
integral part of the flight data recorder system, a single correlation
may be established for any group of airplanes--
(1) That are of the same type;
(2) On which the flight recorder system and its installation are
the same; and
(3) On which there is no difference in the type design with respect
to the installation of those sensors associated with the flight data
recorder system. Documentation sufficient to convert recorded data into
the engineering units and discrete values specified in the applicable
appendix must be maintained by the certificate holder.
(k) Each flight data recorder required by this section must have an
approved device to assist in locating that recorder under water.
(l) The following airplanes that were manufactured before August
18, 1997 need not comply with this section, but must continue to comply
with applicable paragraphs of Sec. 121.343 of this chapter, as
appropriate:
(1) Airplanes that meet the State 2 noise levels of part 36 of this
chapter and are subject to Sec. 91.801(c) of this chapter, until
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane
otherwise allowed to be operated under Part 91 of this chapter must
comply with the applicable flight data recorder requirements of this
section for that airplane.
(2) General Dynamics Convair 580, General Dynamics Convair 600,
General Dynamics Convair 640, deHavilland Aircraft Company Ltd. DHC-7,
Fairchild Industries FH 227, Fokker F-27 (except Mark 50), F-28 Mark
1000 and Mark 4000, Gulfstream Aerospace G-159, Lockheed Aircraft
Corporation Electra 10-A, Lockheed Aircraft Corporation Electra 10-B,
Lockheed Aircraft Corporation Electra 10-E, Lockheed Aircraft
Corporation Electra L-188, Maryland Air Industries, Inc. F27,
Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited SD3-30,
Short Bros. Limited SD3-60.
3. Section 121.344a is added to read as follows:
Sec. 121.344a Digital flight data recorders for 10-19 seat airplanes.
(a) Except as provided in paragraph (f) of this section, no person
may operate under this part a turbine-engine-powered airplane having a
passenger seating configuration, excluding any required crewmember
seat, of 10 to 19 seats, that was brought onto the U.S. register after,
or was registered outside the United States and added to the operator's
U.S. operations specifications after, October 11, 1991, unless it is
equipped with one or more approved flight recorders that use a digital
method of recording and storing data and a method of readily retrieving
that data from the storage medium. On or before August 18, 2001,
airplanes brought onto the U.S. register after October 11, 1991, must
comply with either the requirements in this section or the applicable
paragraphs in Sec. 135.152 of this chapter. In addition, by August 18,
2001.
[[Page 38381]]
(1) The parameters listed in Secs. 121.344(a)(1) through
121.344(a)(11) of this part must be recorded with the ranges,
accuracies, and resolutions specified in Appendix B of part 135 of this
chapter, except that--
(i) Either the parameter listed in Sec. 121.344 (a)(12) or (a)(15)
of this part must be recorded; either the parameters listed in
Sec. 121.344(a)(13) or (a)(16) of this part must be recorded; and
either the parameter listed in Sec. 121.344(a)(14) or (a)(17) of this
part must be recorded.
(ii) For airplanes with more than two engines, the parameter
described in Sec. 121.344(a)(18) of this part must also be recorded if
sufficient capacity is available on the existing recorder to record
that parameter;
(iii) Parameters listed in Secs. 121.344(a)(12) through
121.344(a)(17) of this part each may be recorded from a single source;
(iv) Any parameter for which no value is contained in Appendix B of
part 135 of this chapter must be recorded within the ranges,
accuracies, and resolutions specified in Appendix M of this part.
(2) Commensurate with the capacity of the recording system (FDAU or
equivalent and the DFDR), the parameters listed in Secs. 121.344(a)(19)
through 121.344(a)(22) of this part also must be recorded within the
ranges, accuracies, resolutions, and recording intervals specified in
Appendix B of part 135 of this chapter.
(3) The approved flight recorder required by this section must be
installed as soon as practicable, but no later than the next heavy
maintenance check or equivalent after August 18, 1999. A heavy
maintenance check is considered to be any time an airplane is scheduled
to be out of service for 4 more days and is scheduled to include access
to major structural components.
(b) For a turbine-engine-powered airplanes having a passenger
seating configuration, excluding any required crewmember seat, of 10 to
19 seats, that are manufactured after August 18, 2000.
(1) The parameters listed in Secs. 121.344(a)(1) through
121.344(a)(57) of this part, must be recorded within the ranges,
accuracies, resolutions, and recording intervals specified in Appendix
M of this part.
(2) Commensurate with the capacity of the recording system, all
additional parameters listed in Sec. 121.344(a) of this part for which
information sources are installed and which are connected to the
recording system, must be recorded within the ranges, accuracies,
resolutions, and sampling intervals specified in Appendix M of this
part by August 18, 2001.
(c) For all turbine-engine-powered airplanes having a passenger
seating configuration, excluding any required crewmember seats, of 10
to 19 seats, that are manufactured after August 19, 2002, the
parameters listed in Sec. 121.344(a)(1) through (a)(88) of this part
must be recorded within the ranges, accuracies, resolutions, and
recording intervals specified in Appendix M of this part.
(d) Each flight data recorder system required by this section must
be installed in accordance with the requirements of Sec. 23.1459 (a),
(b), (d), and (e) of this chapter. A correlation must be established
between the values recorded by the flight data recorder and the
corresponding values being measured. The correlation must contain a
sufficient number of correlation points to accurately establish the
conversion from the recorded values to engineering units or discrete
state over the full operating range of the parameter. A single
correlation may be established for any group of airplanes--
(1) That are of the same type;
(2) On which the flight recorder system and its installation are
the same; and
(3) On which there is no difference in the type design with respect
to the installation of those sensors associated with the flight data
recorder system. Correlation documentation must be maintained by the
certificate holder.
(e) All airplanes subject to this section are also subject to the
requirements and exceptions stated in Secs. 121.344(g) through
121.344(k) of this part.
(f) For airplanes that were manufactured before July 17, 1997, the
following airplane types need not comply with this section, but must
continue to comply with applicable paragraphs of Sec. 135.152 of this
chapter, as appropriate: Beech Aircraft-99 Series, Beech Aircraft 1300,
Beech Aircraft 1900C, Construcciones Aeronauticas, S.A. (CASA) C-212,
deHavilland DHC-6, Dornier 228, HS-748, Embraer EMB 110, Jetstream
3101, Jetstream 3201, Fairchild Aircraft SA-226.
4. Appendix M to part 121 is added to read as follows:
[[Page 38382]]
Appendix M to Part 121--Airplane Flight Recorder Specification
The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must
be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accuracy (sensor Seconds per
Parameters Range input) sampling interval Resolution Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Times Counts 24 Hrs, 0 to 4095.. +/-0.125% Per Hour. 4.................. 1 sec.............. UTC time preferred when available.
County increments each 4 seconds
of system operation.
2. Pressure Altitude............ -1000 ft to max +/-100 to +/-700 ft 1.................. 5' to 35'.......... Data should be obtained from the
certificated (see table, TSO air data computer when
altitude of C124a or TSO C51a). practicable.
aircraft. +5000 ft.
3. Indicated airspeed or 50 KIAS or minimum +/-5% and +/-3%.... 1.................. 1 kt............... Data should be obtained from the
Calibrated airspeed. value to Max Vso air data computer when
and V so to 1.2 V practicable.
D.
4. Heading (Primary flight crew 0-360 deg. and +/-2 deg........... 1.................. 0.5 deg............ When true or magnetic heading can
reference). Discrete ``true'' be selected as the primary
or ``mag''. heading reference, a discrete
indicating selection must be
recorded.
5. Normal Acceleration -3g to +6g......... +/-1% of max range 0.125.............. 0.004g............. ..................................
(Vertical). excluding datum
error of +/-5%.
6. Pitch Attitude............... +/-7 deg........... +/-2 deg.......... 1 or 0.25 for 0.5 deg............ A sampling rate of 0.25 is
airplanes operated recommended.
under Sec.
121.344(f).
7. Roll Attitude................ +/-180 deg......... +/-2 deg........... 1 or 0.5 for 0.5 deg............ A sampling rate of 0.5 is
airplanes operated recommended.
under Sec.
121.344(f).
8. Manual Radio Transmitter On-Off (Discrete).. ................... 1.................. ................... Preferably each crew member but
Keying or CVR/DFDR None one discrete acceptable for all
synchronization reference. transmission provided the CVR/FDR
system complies with TSO C124a
CVR synchronization requirements
(paragraph 4.2.1 ED-55).
9. Thrust/Power on Each Engine-- Full Range Forward. +/-2%.............. 1 (per engine)..... 0.2% of full range. Sufficient parameters (e.g. EPR,
primary flight crew reference. N1 or Torque, NP) as appropriate
to the particular engine be
recorded to determine power in
forward and reverse thrust,
including potential overspeed
conditions.
10. Autopilot Engagement........ Discrete ``on'' or ................... 1.................. ................... ..................................
``off''.
11. Longitudinal Acceleration... +/-1g.............. +/-1.5% max. range 0.25............... 0.004g............. ..................................
excluding datum
error of +/-5%.
12a. Pitch Control(s) position Full Range......... +/-2% Unless Higher 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire systems. Accuracy Uniquely airplanes operated control break away capability
Required. under Sec. that allows either pilot to
121.344(f). operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5 or 0.25,
as applicable.
12b. Pitch Control(s) position Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. ..................................
(fly-by-wire systems). Higher Accuracy airplanes operated
Uniquely Required. under Sec.
121.344(f).
13a. Lateral Control position(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire). Higher Accuracy airplanes operated control break away capability
Uniquely Required. under Sec. that allows either pilot to
121.344(f). operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5 or 0.25,
as applicable.
13b. Lateral Control position(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range ..................................
(fly-by-wire). Higher Accuracy airplanes operated
Uniquely Required. under Sec.
121.344(f).
[[Page 38383]]
14a. Yaw Control position(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire). Higher Accuracy control break away capability
Uniquely Required. that allows either pilot to
operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5.
14b. Yaw Control position(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range.
(fly-by-wire). Higher Accuracy
Uniquely Required.
15. Pitch Control Surface(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes fitted with multiple
Position. Higher Accuracy airplanes operated or split surfaces, a suitable
Uniquely Required. under Sec. combination of inputs is
121.344(f). acceptable in lieu or recording
each surface separately. The
control surfaces may be sampled
alternately to produce the
sampling interval of 0.5 or 0.25.
16. Lateral Control Surface(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. A suitable combination of surface
Position. Higher Accuracy airplanes operated position sensors is acceptable in
Uniquely Required. under Sec. lieu of recording each surface
121.344(f). separately. The control surfaces
may be sampled alternately to
produce the sampling interval of
0.5 or 0.25.
17. Yaw Control Surface(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range. For airplanes with multiple or
Position. Higher Accuracy split surfaces, a suitable
Uniquely Required. combination of surface position
sensors is acceptable in lieu of
recording each surface
separately. The control surfaces
may be sampled alternately to
produce the sampling interval of
0.5.
18. Lateral Acceleration........ +/-lg.............. +/-1.5% max. range 0.25............... 0.004g ..................................
excluding datum
error of +/-5%.
19. Pitch Trim Surface Position. Full Range......... +/-3% Unless Higher 1.................. 0.3% of full range ..................................
Accuracy Uniquely
Required.
20. Trailing Edge Flap or Full Range or Each +/-3 deg. or as 2.................. 0.5% of full range. Flap position and cockpit control
Cockpit Control Selection. Position Pilot's indicator. may each be sampled alternately
(discrete). at 4 second intervals, to give a
data point every 2 seconds.
21. Leading Edge Flap or Cockpit Full Range or Each +/-3 deg. or as 2.................. 0.5% of full range. Left and right sides, or flap
Control Selection. Discrete Position. Pilot's indicator position and cockpit control may
and sufficient to each be sampled at 4 second
determine each intervals, so as to give a data
discrete position. point every 2 seconds.
22. Each Thrust Reverser Stowed, In Transit, ................... 1 (per engine)..... ................... Turbo-jet--2 discretes enable the
Position (or equivalent for and Reverse 3 states to be determined.
propeller airplane). (Discrete). Turbo-prop--discrete.
23. Ground Spoiler Position or Full Range or Each +/-2 deg. Unless 1 or 0.5 for 0.2% of full range ..................................
Speed Brake Selection. Position Higher Accuracy airplanes operated
(discrete). Uniquely Required. under Sec.
121.344(f).
24. Outside Air Temperature or -50 deg.C to +90 +/-2 deg.C......... 2.................. 0.3 deg.C ..................................
Total Air Temperature. deg.C.
25. Autopilot/Autothrottle/AFCS A suitable ................... 1.................. ................... Discretes should show which
Mode and Engagement Status. combination of systems are engaged and which
discretes. primary modes are controlling the
flight path and speed of the
aircraft.
26. Radio Altitude.............. -20 ft to 2,500 ft. +/-2 ft or +/-3% 1.................. 1 ft + 5% above 500 For autoland/category 3
Whichever is ft. operations. Each radio altimeter
Greater Below 500 should be recorded, but arranged
ft and +/-5% Above so that at least one is recorded
500 ft. each second.
[[Page 38384]]
27. Localizer Deviation, MLS +/-400 Microamps or As installed +/-3% 1.................. 0.3% of full range. For autoland/category 3
Azimuth, or GPS Latitude available sensor recommended. operations. Each system should be
Deviation. range as installed. recorded but arranged so that at
+/-62 deg. least one is recorded each
second. It is not necessary to
record ILS and MLS at the same
time, only the approach aid in
use need be recorded.
28. Glideslope Deviation, MLS +/-400 Microamps or As installed +/3-3% 1.................. 0.3% of full range. For autoland/category 3
Elevation, or GPS Vertical available sensor recommended. operations. Each system should be
Deviation. range as installed recorded by arranged so that at
0.9 to +30 deg. least one is recorded each
second. It is not necessary to
record ILS and MLS at the same
time, only the approach aid in
use need be recorded.
29. Marker Beacon Passage....... Discrete ``on'' or ................... 1.................. ................... A single discrete is acceptable
``off''. for all markers.
30. Master Warning.............. Discrete........... ................... 1.................. ................... Record the master warning and
record each ``red'' warning that
cannot be determined from other
parameters or from the cockpit
voice recorder.
31. Air/ground sensor (primary Discrete ``air'' or ................... 1 (0.25
airplane system reference nose ``ground''. recommended).
or main gear).
32. Angle of Attack (If measured As installed....... As installed....... 2 or 0.5 for 0.3% of full range. If left and right sensors are
directly). airplanes operated available, each may be recorded
under Sec. at 4 or 1 second intervals, as
121.344(f). appropriate, so as to give a data
point at 2 seconds or 0.5 second,
as required.
33. Hydraulic Pressure Low, Each Discrete or +/-5%.............. 2.................. 0.5% of full range.
System. available sensor
range, ``low'' or
``normal''.
34. Groundspeed................. As Installed....... Most Accurate 1.................. 0.2% of full range.
Systems Installed.
35. GPWS (ground proximity Discrete ................... 1.................. ................... A suitable combination of
warning system). ``warning'' or discretes unless recorder
``off''. capacity is limited in which case
a single discrete for all modes
is acceptable.
36. Landing Gear Position or Discrete........... ................... 4.................. ................... A suitable combination of
Landing gear cockpit control discretes should be recorded.
selection.
37. Drift Angle................. As installed....... As installed....... 4.................. 0.1 deg............
38. Wind Speed and Direction.... As installed....... As installed....... 4.................. 1 knot, and 1.0
deg..
39. Latitude and Longitude...... As installed....... As installed....... 4.................. 0.002 deg., or as Provided by the Primary Navigation
installed. System Reference. Where capacity
permits Latitude/longitude
resolution should be 0.0002 deg..
40. Stick shaker and pusher Discrete(s) ``on'' ................... 1.................. ................... A suitable combination of
activation. or ``off''. discretes to determine
activation.
41. Windshear Detection......... Discrete ................... 1..................
``warning'' or
``off''.
42. Throttle/power lever Full Range......... +/-2%.............. 1 for each lever... 2% of full range... For airplanes with non-
position. mechanically linked cockpit
engine controls.
43. Additional Engine Parameters As installed....... As installed....... Each engine each 2% of full range... Where capacity permits, the
second. preferred priority is indicated
vibration level, N2, EGT, Fuel
Flow, Fuel Cut-off lever position
and N3, unless engine
manufacturer recommends
otherwise.
[[Page 38385]]
44. Traffic Alert and Collision Discretes.......... As installed....... 1.................. ................... A suitable combination of
Avoidance System (TCAS). discretes should be recorded to
determine the status of--Combined
Control, Vertical Control, Up
Advisory, and Down Advisory.
(ref. ARINC Characteristic 735
Attachment 6E, TCAS VERTICAL RA
DATA OUTPUT WORD.)
45. DME 1 and 2 Distance........ 0-200 NM........... As installed....... 4.................. 1 NM............... 1 mile
46. Nav 1 and 2 Selected Full Range......... As installed....... 4.................. ................... Sufficient to determine selected
Frequency. frequency
47. Selected barometric setting. Full Range......... +/-5%.............. (1 per 64 sec.).... 0.2% of full range
48. Selected Altitude........... Full Range......... +/-5%.............. 1.................. 100 ft
49. Selected speed.............. Full Range......... +/-5%.............. 1.................. 1 knot
50. Selected Mach............... Full Range......... +/-5%.............. 1.................. .01
51. Selected vertical speed..... Full Range......... +/-5%.............. 1.................. 100 ft/min
52. Selected heading............ Full Range......... +/-5%.............. 1.................. 1 deg.
53. Selected flight path........ Full Range......... +/-5%.............. 1.................. 1 deg.
54. Selected decision height.... Full Range......... +/-5%.............. 64................. 1 ft
55. EFIS display format......... Discrete(s)........ ................... 4.................. ................... Discretes should show the display
system status (e.g., off, normal,
fail, composite, sector, plan,
nav aids, weather radar, range,
copy.
56. Multi-function/Engine Alerts Discrete(s)........ ................... 4.................. ................... Discretes should show the display
Display format. system status (e.g., off, normal,
fail, and the identity of display
pages for emergency procedures,
need not be recorded.
57. Thrust command.............. Full Range......... +/-2%.............. 2.................. 2% of full range
58. Thrust target............... Full Range......... +/-2%.............. 4.................. 2% of full range
59. Fuel quantity in CG trim Full Range......... +/-5%.............. (1 per 64 sec.).... 1% of full range
tank.
60. Primary Navigation System Discrete GPS, INS, ................... 4.................. ................... A suitable combination of
Reference. VOR/DME, MLS, discretes to determine the
Loran C, Omega, Primary Navigation System
Localizer reference.
Glideslope.
61. Ice Detection............... Discrete ``ice'' or ................... 4
``no ice''.
62. Engine warning each engine Discrete........... ................... 1
vibration.
63. Engine warning each engine Discrete........... ................... 1
over temp.
64. Engine warning each engine Discrete........... ................... 1
oil pressure low.
65. Engine warning each engine Discrete........... ................... 1
over speed.
66. Yaw Trim Surface Position... Full Range......... +/-3% Unless Higher 2.................. 0.3% of full range. ..................................
Accuracy Uniquely
Required.
67. Roll Trim Surface Position.. Full Range......... +/-3% Unless Higher 2.................. 0.3% of full range. ..................................
Accuracy Uniquely
Required.
68. Brake Pressure (left and As installed....... +/-5%.............. 1.................. ................... To determine braking effort
right). applied by pilots or by
autobrakes.
69. Brake Pedal Application Discrete or Analog +/-5% (Analog)..... 1.................. ................... To determine braking applied by
(left and right). ``applied'' or pilots.
``off''.
70. Yaw or sideslip angle....... Full Range......... +/-5%.............. 1.................. 0.5 deg.
71. Engine bleed valve position. Discrete ``open'' ................... 4
or ``closed''.
[[Page 38386]]
72. De-icing or anti-icing Discrete ``on'' or ................... 4
system selection. ``off''.
73. Computed center of gravity.. Full Range......... +/-5%.............. (1 per 64 sec.).... 1% of full range
74. AC electrical bus status.... Discrete ``power'' ................... 4.................. ................... Each bus.
or ``off''.
75. DC electrical bus status.... Discrete ``power'' ................... 4.................. ................... Each bus.
or ``off''.
76 APU bleed valve position..... Discrete ``open'' ................... 4
or ``closed''.
77. Hydraulic Pressure (each Full range......... +/-5%.............. 2.................. 100 psi
system).
78. Loss of cabin pressure...... Discrete ``loss'' ................... 1.................. ................... ..................................
or ``normal''.
79. Computer failure (critical Discrete ``fail'' ................... 4.................. ................... ..................................
flight and engine control or ``normal''.
systems).
80. Heads-up display (when an Discrete(s) ``on'' ................... 4
information source is or ``off''.
installed).
81. Para-visual display (when an Discrete(s) ``on'' ...................
information source is or ``off''.
installed).
82. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--pitch. inputs are not available, cockpit
display trim positions should be
recorded.
83. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--roll. inputs are not available, cockpit
display trim positions should be
recorded.
84. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--yaw. inputs are not available, cockpit
display trim positions should be
recorded.
85. Trailing edge flap and Full Range......... +/-5%.............. 2.................. 0.5% of full range. Trailing edge flaps and cockpit
cockpit flap control position. flap control position may each be
sampled alternately at 4 second
intervals to provide a sample
each 0.5 second.
86. Leading edge flap and Full Range or +/-5%.............. 1.................. 0.5% of full range
cockpit flap control position. Discrete.
87. Ground spoiler position and Full Range or +/-5%.............. 0.5................ 0.2% of full range
speed brake selection. Discrete.
88. All cockpit flight control Full Range +/-5%.............. 1.................. 0.2% of full range. For fly-by-wire flight control
input forces (control wheel, Control wheel +/- systems, where flight control
control column, rudder pedal). 70 lbs surface position is a function of
Control Column +/- the displacement of the control
85 lbs input device only, it is not
Rudder pedal +/- necessary to record this
165 lbs parameter. For airplanes that
have a flight control break away
capability that allows either
pilot to operate the control
independently, record both
control force inputs. The control
force inputs may be sampled
alternately once per 2 seconds to
produce the sampling interval of
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 38387]]
PART 125-CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
5. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.
6. Section 125.226 is added to read as follows:
Sec. 125.226 Digital flight data recorders.
(a) Except as provided in paragraph (1) of this section, no person
may operate under this part a turbine-engine-powered transport category
airplane unless it is equipped with one or more approved flight
recorders that use a digital method of recording and storing data and a
method of readily retrieving that data from the storage medium. The
operational parameters required to be recorded by digital flight data
recorders required by this section are as follows: the phrase ``when an
information source is installed'' following a parameter indicates that
recording of that parameter is not intended to require a change in
installed equipment:
(1) Time;
(2) Pressure altitude;
(3) Indicated airspeed;
(4) Heading--primary flight crew reference (if selectable, record
discrete, true or magnetic);
(5) Normal acceleration (Vertical);
(6) Pitch attitude;
(7) Roll attitude;
(8) Manual radio transmitter keying, or CVR/DFDR synchronization
reference;
(9) Thrust/power of each engine--primary flight crew reference;
(10) Autopilot engagement status;
(11) Longitudinal acceleration;
(12) Pitch control input;
(13) Lateral control input;
(14) Rudder pedal input;
(15) Primary pitch control surface position;
(16) Primary lateral control surface position;
(17) Primary yaw control surface position;
(18) Lateral acceleration;
(19) Pitch trim surface position or parameters of paragraph (a)(82)
of this section if currently recorded;
(20) Trailing edge flap or cockpit flap control selection (except
when parameters of paragraph (a)(85) of this section apply);
(21) Leading edge flap or cockpit flap control selection (except
when parameters of paragraph (a)(86) of this section apply);
(22) Each Thrust reverser position (or equivalent for propeller
airplane);
(23) Ground spoiler position or speed brake selection (except when
parameters of paragraph (a)(87) of this section apply);
(24) Outside or total air temperature;
(25) Automatic Flight Control System (AFCS) modes and engagement
status, including autothrottle;
(26) Radio altitude (when an information source is installed);
(27) Localizer deviation, MLS Azimuth;
(28) Glideslope deviation, MLS Elevation;
(29) Marker beacon passage;
(30) Master warning;
(31) Air/ground sensor (primary airplane system reference nose or
main gear);
(32) Angle of attack (when information source is installed);
(33) Hydraulic pressure low (each system);
(34) Ground speed (when an information source is installed);
(35) Ground proximity warning system;
(36) Landing gear position or landing gear cockpit control
selection;
(37) Drift angle (when an information source is installed);
(36) Wind speed and direction (when an information source is
installed);
(39) Latitude and longitude (when an information source is
installed);
(40) Stick shaker/pusher (when an information source is installed);
(41) Windshear (when an information source is installed);
(42) Throttle/power lever position;
(43) Additional engine parameters (as designed in appendix E of
this part);
(44) Traffic alert and collision avoidance system;
(45) DME 1 and 2 distances;
(46) Nav 1 and 2 selected frequency;
(47) Selected barometric setting (when an information source is
installed);
(48) Selected altitude (when an information source is installed);
(49) Selected speed (when an information source is installed);
(50) Selected mach (when an information source is installed);
(51) Selected vertical speed (when an information source is
installed);
(52) Selected heading (when an information source is installed);
(53) Selected flight path (when an information source is
installed);
(54) Selected decision height (when an information source is
installed);
(55) EFIS display format;
(56) Multi-function/engine/alerts display format;
(57) Thrust command (when an information source is installed);
(58) Thrust target (when an information source is installed);
(59) Fuel quantity in CG trim tank (when an information source is
installed);
(60) Primary Navigation System Reference;
(61) Icing (when an information source is installed);
(62) Engine warning each engine vibration (when an information
source is installed);
(63) Engine warning each engine over temp. (when an information
source is installed);
(64) Engine warning each engine oil pressure low (when an
information source is installed);
(65) Engine warning each engine over speed (when an information
source is installed);
(66) Yaw trim surface position;
(67) Roll trim surface position;
(68) Brake pressure (selected system);
(69) Brake pedal application (left and right);
(70) Yaw of sideslip angle (when an information source is
installed);
(71) Engine bleed valve position (when an information source is
installed);
(72) De-icing and anti-icing system selection (when an information
source is installed);
(73) Computed center of gravity (when an information source is
installed);
(74) AC electrical bus status;
(75) DC electrical bus status;
(76) APU bleed valve position (when an information source is
installed);
(77) Hydraulic pressure (each system);
(78) Loss of cabin pressure;
(79) Computer failure;
(80) Heads-up display (when an information source is installed);
(81) Para-visual display (when an information source is installed);
(82) Cockpit trim control input position-pitch;
(83) Cockpit trim control input position--roll;
(84) Cockpit trim control input position--yaw;
(85) Trailing edge flap and cockpit flap control position;
(86) Leading edge flap and cockpit flap control position;
(87) Ground spoiler position and speed brake selection; and
(88) All cockpit flight control input forces (control wheel,
control column, rudder pedal).
(b) For all turbine-engine powered transport category airplanes
manufactured on or before October 11, 1991, by August 18, 2001--
(1) For airplanes not equipped as of July 16, 1996, with a flight
data
[[Page 38388]]
acquisition unit (FDAU), the parameters listed in paragraphs (a)(1)
through (a)(18) of this section must be recorded within the ranges and
accuracies specified in Appendix D of this part, and--
(i) For airplanes with more than two engines, the parameter
described in paragraph (a)(18) is not required unless sufficient
capacity is available on the existing recorder to record that
parameter.
(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each
may be recorded from a single source.
(2) For airplanes that were equipped as of July 16, 1996, with a
flight data acquisition unit (FDAU), the parameters listed in
paragraphs (a)(1) through (a)(22) of this section must be recorded
within the ranges, accuracies, and recording intervals specified in
Appendix E of this part. Parameters listed in paragraphs (a)(12)
through (a)(17) each may be recorded from a single source.
(3) The approved flight recorder required by this section must be
installed at the earliest time practicable, but no later than the next
heavy maintenance check after August 18, 1999 and no later than August
18, 2001. A heavy maintenance check is considered to be any time an
airplane is scheduled to be out of service for 4 or more days and is
scheduled to include access to major structural components.
(c) For all turbine-engine-powered transport category airplanes
manufactured on or before October 11, 1991--
(1) That were equipped as of July 16, 1996, with one or more
digital data bus(es) and an ARINC 717 digital flight data acquisition
unit (DFDAU) or equivalent, the parameters specified in paragraphs
(a)(1) through (a)(22) of this section must be recorded within the
ranges, accuracies, resolutions, and sampling intervals specified in
Appendix E of this part by August 18, 2001. Parameters listed in
paragraphs (a)(12) through (a)(14) each may be recorded from a single
source.
(2) Commensurate with the capacity of the recording system (DFDAU
or equivalent and the DFDR), all additional parameters for which
information sources are installed and which are connected to the
recording system must be recorded within the ranges, accuracies,
resolutions, and sampling intervals specified in Appendix E of this
part by August 18, 2001.
(3) That were subject to Sec. 125.225(e) of this part, all
conditions of Sec. 125.225(c) must continue to be met until compliance
with paragraph (c)(1) of this section is accomplished.
(d) For all turbine-engine-powered transport category airplanes
that were manufactured after October 11, 1991--
(1) The parameters listed in paragraphs (a)(1) through (a)(34) of
this section must be recorded within the ranges, accuracies,
resolutions, and recording intervals specified in Appendix E of this
part by August 18, 2001. Paramaters listed in paragraphs (a)(12)
through (a)(14) each may be recorded from a single source.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system, must be recorded within
the ranges, accuracies, resolutions, and sampling intervals specified
in Appendix E of this part by August 18, 2001.
(e) For all turbine-engine-powered transport category airplanes
that are manufactured after August 18, 2000--
(1) The parameters listed in paragraph (a) (1) through (57) of this
section must be recorded within the ranges, accuracies, resolutions,
and recording intervals specified in Appendix E of this part.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system, must be recorded within
the ranges, accuracies, resolutions, and sampling intervals specified
in Appendix E of this part.
(f) For all turbine-engine-powered transport category airplanes
that are manufactured after August 19, 2002 parameters listed in
paragraph (a)(1) through (a)(88) of this section must be recorded
within the ranges, accuracies, resolutions, and recording intervals
specified in Appendix E of this part.
(g) Whenever a flight data recorder required by this section is
installed, it must be operated continuously from the instant the
airplane begins its takeoff roll until it has completed its landing
roll.
(h) Except as provided in paragraph (i) of this section, and except
for recorded data erased as authorized in this paragraph, each
certificate holder shall keep the recorded data prescribed by this
section, as appropriate, until the airplane has been operated for at
least 25 hours of the operating time specified in Sec. 121.359(a) of
this part. A total of 1 hour of recorded data may be erased for the
purpose of testing the flight recorder or the flight recorder system.
Any erasure made in accordance with this paragraph must be of the
oldest recorded data accumulated at the time of testing. Except as
provided in paragraph (i) of this section, no record need to be kept
more than 60 days.
(i) In the event of an accident or occurrence that requires
immediate notification of the National Transportation Safety Board
under 49 CFR 830 of its regulations and that results in termination of
the flight, the certificate holder shall remove the recorder from the
airplane and keep the recorder data prescribed by this section, as
appropriate, for at least 60 days or for a longer period upon the
request of the Board or the Administrator.
(j) Each flight data recorder system required by this section must
be installed in accordance with the requirements of Sec. 25.1459 (a),
(b), (d), and (e) of this chapter. A correlation must be established
between the values recorded by the flight data recorder and the
corresponding values being measured. The correlation must contain a
sufficient number of correlation points to accurately establish the
conversion from the recorded values to engineering units or discrete
state over the full operating range of the parameter. Except for
airplanes having separate altitude and airspeed sensors that are an
integral part of the flight data recorder system, a single correlation
may be established for any group of airplanes--
(1) That are of the same type;
(2) On which the flight recorder system and its installation are
the same; and
(3) On which there is no difference in the type design with respect
to the installation of those sensors associated with the flight data
recorder system. Documentation sufficient to convert recorded data into
the engineering units and discrete values specified in the applicable
appendix must be maintained by the certificate holder.
(k) Each flight data recorder required by this section must have an
approved device to assist in locating that recorder under water.
(l) The following airplanes that were manufactured before August
18, 1997 need not comply with this section, but must continue to comply
with applicable paragraphs of Sec. 125.225 of this chapter, as
appropriate:
(1) Airplanes that meet the Stage 2 noise levels of part 36 of this
chapter and are subject to Sec. 91.801(c) of this chapter, until
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane
otherwise allowed to be operated under Part 91 of this chapter must
comply with the applicable flight data recorder requirements of this
section for that airplane.
(2) General Dynamics Convair 580, General Dynamics Convair 600,
General Dynamics Convair 640, deHavilland
[[Page 38389]]
Aircraft Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27
(except Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-
159, Lockheed Aircraft Corporation Electra 10-A, Lockheed Aircraft
Corporation Electra 10-B, Lockheed Aircraft Corporation Electra 10-E,
Lockheed Aircraft Corporation L-188, Maryland Air Industries, Inc. F27,
Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited SD3-30,
Short Bros, Limited SD3-60.
7. Appendix E to part 125 is added to read as follows:
[[Page 38390]]
Appendix E to Part 125--Airplane Flight Recorder Specification
The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must
be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accuracy (sensor Seconds per
Parameters Range input) sampling interval Resolution Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Time Counts. 24 Hrs, 0 to 4095.. +/-0.125% Per Hour. 4.................. 1 sec.............. UTC time preferred when available.
Counter increments each 4 seconds
of system operation.
2. Pressure Altitude............ -1000 ft to max +/-100 to +/-700 ft 1.................. 5' to 35'.......... Data should be obtained from the
certificated (see table, TSO air data computer when
altitude of C124a or TSO C51a). practicable.
aircraft. +5000 ft.
3. Indicated airspeed or 50 KIAS or minimum +/-5% and +/-3%.... 1.................. 1 kt............... Data should be obtained from the
Calibrated airspeed. value to Max Vso, air data computer when
and Vso to 1.2 VD. practicable.
4, Heading (Primary flight crew 0-360 deg. and +/-2 deg........... 1.................. 0.5 deg............ When true or magnetic heading can
reference). Discrete ``true'' be selected as the primary
or ``mag''. heading reference, a discrete
indicating selection must be
recorded.
5. Normal Acceleration -3g to +6g......... +/-1% of max range 0.125. 0.004g. ..................................
(Vertical). excluding datum
error of +/-5%.
6. Pitch Attitude............... +/-75 deg.......... +/-2 deg........... 1 or 0.25 for 0.5 deg............ A sampling rate of 0.25 is
airplanes operated recommended.
under Sec.
125.226(f).
7. Roll Attitude................ +/-180 deg......... +/-2 deg........... 1 or 0.5 for 0.5 deg............ A sampling rate of 0.5 is
airplanes operated recommended.
under Sec.
125.226(f).
8. Manual Radio Transmitter On-Off (Discrete) ................... 1.................. ................... Preferably each crew member but
Keying or CVR/DFDR None. one discrete acceptable for all
synchronization transmission provided the CVR/FDR
reference....................... system complies with TSO C124a
CVR synchronization requirements
(paragraph 4.2.1 ED-55).
9. Thrust/Power on Each Engine-- Full Range Forward. +/-2%.............. 1 (per engine)..... 0.2% of full range. Sufficient parameters (e.g. EPR,
primary flight crew reference. N1 or Torque, NP) as appropriate
to the particular engine be
recorded to determine power in
forward and reverse thrust,
including potential overspeed
conditions.
10. Autopilot Engagement........ Discrete ``on'' or ................... 1. ..................................
``off''.
11. Longitudinal Acceleration... +/-1g.............. +/-1.5% max. range 0.25............... 0.004g. ..................................
excluding datum
error of +/-5%.
12a. Pitch Control(s) position Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire systems. Higher Accuracy airplanes operated control break away capability
Uniquely Required. under Sec. that allows either pilot to
125.226(f). operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5 or 0.25,
as applicable.
12b. Pitch Control(s) position Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range
(fly-by-wire systems). Higher Accuracy airplanes operated
Uniquely Required. under Sec.
125.226(f).
13a. Lateral Control position(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire). Higher Accuracy airplanes operated control break away capability
Uniquely Required. under Sec. that allows either pilot to
125.226(f). operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5 or 0.25,
as applicable.
13b. Lateral Control position(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. ..................................
(fly-by-wire). Higher Accuracy airplanes operated
Uniquely Required. under Sec.
125.226(f).
[[Page 38391]]
14a. Yaw Control position(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire). Higher Accuracy control break away capability
Uniquely Required. that allows either pilot to
operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5.
14b. Yaw Control position(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range. ..................................
(fly-by-wire). Higher Accuracy
Uniquely Required.
15. Pitch Control Surface(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes fitted with multiple
Position. Higher Accuracy airplanes operated or split surfaces, a suitable
Uniquely Required. under Sec. combination of inputs is
125.226(f). acceptable in lieu of recording
each surface separately. The
control surfaces may be sampled
alternately to produce the
sampling interval of 0.5 or 0.25.
16. Lateral Control Surface(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. A suitable combination of surface
Position. Higher Accuracy airplanes operated position sensors is acceptable in
Uniquely Required. under Sec. lieu of recoding each surface
125.226(f). separately. The control surfaces
may be sampled alternately to
produce the sampling interval of
0.5 or 0.25.
17. Yaw Control Surface(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range. For airplanes with multiple or
Position. Higher Accuracy split surfaces, a suitable
Uniquely Required. combination of surface position
sensors is acceptable in lieu of
recording each surface
separately. The control surfaces
may be sampled alternately to
produce the sampling interval of
0.5.
18. Lateral Acceleration........ +/-1g.............. +/-1.5% max. range 0.25............... 0.004g. ..................................
excluding datum
error of +/-5%.
19. Pitch Trim Surface Position. Full Range......... +/-3% Unless Higher 1.................. 0.3% of full range. ..................................
Accuracy Uniquely
Required.
20. Trailing Edge Flap or Full Range or Each +/-3 deg. or as 2.................. 0.5% of full range. Flap position and cockpit control
Cockpit Control Selection. Position Pilot's indicator. may each be sampled alternately
(discrete). at 4 second intervals, to give a
data point every 2 seconds.
21. Leading Edge Flap or Cockpit Full Range or Each +/-3 deg. or as 2.................. 0.5% of full range. Left and right sides, or flap
Control Selection. Discrete Position. Pilot's indicator position and cockpit control may
and sufficient to each be sampled at 4 second
determine each intervals, so as to give a data
discrete position.. point every 2 seconds.
22. Each Thrust Reverser Stowed, In Transit, ................... 1 (per engine)..... ................... Turbo-jet--2 discretes enable the
Position (or equivalent for and Reverse 3 states to be determined.
propeller airplane). (Discrete). Turbo-prop--1 discrete.
23. Ground Spoiler Position or Full Range or Each +/-2 deg. Unless 1 or 0.5 for 0.2% of full range. ..................................
Speed Brake Selection. Position Higher Accuracy airplanes operated
(discrete). Uniquely Required. under Sec.
125.226(f).
24. Outside Air Temperature or -50 deg.C to -90 +/-2 deg.C........ 2.................. 0.3 deg.C. ..................................
Total Air Temperature. deg.C.
25. Autopilot/Autothrottle/AFCS A suitable ................... 1.................. ................... Discretes should show which
Mode and Engagement Status. combination of systems are engaged and which
discretes. primary modes are controlling the
flight path and speed of the
aircraft.
26. Radio Altitude.............. -20 ft to 2,500 ft. +/-2 ft or +/-3% 1.................. 1 ft +5% above 500 For autoland/category 3
Whichever is ft. operations, each radio altimeter
Greater Below 500 should be recorded, but arranged
ft and +/-5% Above so that at least one is recorded
500 ft.. each second.
[[Page 38392]]
27. Localizer Deviation, MLS +/-400 Microamps or As installed. +/-3% 1.................. 0.3% of full range. For autoland/category 3
Azimuth, or GPS Lateral available sensor recommended.. operations. each system should be
Deviation. range as installed recorded but arranged so that at
+/-62 deg.. least one is recorded each
second. It is not necessary to
record ILS and MLS at the same
time, only the approach aid in
use need be recorded.
28. Glideslope Deviation, MLS +/-400 Microamps or As installed +/-3%. 1.................. 0.3% of full range. For autoland/category 3
Elevation, or GPS Vertical available sensor recommended........ operations. each system should be
Deviation. range as recorded but arranged so that at
installed. 0.9 to least one is recorded each
+ 30 deg........... second. It is not necessary to
record ILS and MLS at the same
time, only the approach aid in
use need be recorded.
29. Marker Beacon Passage....... Discrete ``on'' or ................... 1.................. ................... A single discrete is acceptable
``off''. for all markers.
30. Master Warning.............. Discrete........... ................... 1.................. ................... Record the master warning and
record each `red' warning that
cannot be determined from other
parameters or from the cockpit
voice recorder.
31. Air/ground sensor (primary Discrete ``air'' or ................... 1 (0.25 ..................................
airplane system reference nose ``ground''. recommended).
or main gear).
32. Angle of Attack (If measured As installed....... As Installed....... 2 or 0.5 for 0.3% of full range. If left and right sensors are
directly). airplanes operated available, each may be recorded
under Sec. at 4 or 1 second intervals, as
125.226(f). appropriate, so as to give a data
point at 2 seconds or 0.5 second,
as required.
33. Hydraulic Pressure Low, Each Discrete or +/-5%.............. 2.................. 0.5% of full range. ..................................
System. available sensor
range, ``low'' or
``normal''.
34. Groundspeed................. As Installed....... Most Accurate 1.................. 0.2% of full range. ..................................
Systems Installed.
35. GPWS (ground proximity Discrete ................... 1.................. ................... A suitable combination of
warning system). ``warning'' or discretes unless recorder
``off''. capacity is limited in which case
a single discrete for all modes
is acceptable.
36. Landing Gear Position or Discrete........... ................... 4.................. ................... A suitable combination of
Landing gear cockpit control discretes should be recorded.
selection.
37. Drift Angle................. As installed....... As installed....... 4.................. 0.1 deg.. ..................................
38. Wind Speed and Direction.... As installed....... As installed....... 4.................. 1 knot, and 1.0 ..................................
deg..
39. Latitude and Longitude...... As installed....... As installed....... 4.................. 0.002 deg., or as Provided by the Primary Navigation
installed. System Reference. Where capacity
permits Latitude/longtitude
resolution should be 0.0002 deg..
40. Stick shaker and pusher Discrete(s) ``on'' ................... 1.................. ................... A suitable combination of
activation. or ``off''. discretes to determine
activation.
41. WIndshear Detection......... Discrete ................... 1 ..................................
``warning'' or
``off''.
42. Throttle/power lever Full Range......... +/-2%.............. 1 for each lever... 2% of full range... For airplanes with non-
position. mechanically linked cockpit
engine controls.
43. Additional Engine Parameters As installed....... As installed....... Each engine each 2% of full range... Where capacity permits, the
second. preferred priority is indicated
vibration level, N2, EGT, Fuel
Flow, Fuel Cut-off lever position
and N3, unless engine
manufacturer recommends
otherwise.
[[Page 38393]]
44. Traffic Alert and Collision Discretes.......... As installed....... 1.................. A suitable
Avoidance System (TCAS). combination of
discretes should
be recorded to
determine the
status of-Combined
Control, Vertical
Control, Up
Advisory, and Down
Advisory. (ref.
ARINC
Characteristic 735
Attachment 6E,
TCAS VERTICAL RA
DATA OUTPUT WORD.).
45. DME 1 and 2 Distance........ 0-200 NM........... As installed....... 4.................. 1 NM............... 1 mile.
46. Nav 1 and 2 Selected Full range......... As installed....... 4.................. ................... Sufficient to determine selected
Frequency. frequency
47. Selected barometric setting. Full range......... +/-5%.............. (1 per 64 sec.).... 0.2% of full range. ..................................
48. Selected Altitude........... Full range......... +/-5%.............. 1.................. 100 ft. ..................................
49. Selected speed.............. Full range......... +/-5%.............. 1.................. 1 knot. ..................................
50. Selected Mach............... Full range......... +/-5%.............. 1.................. .01. ..................................
51. Selected vertical speed..... Full range......... +/-5%.............. 1.................. 100 ft/min. ..................................
52. Selected heading............ Full range......... +/-5%.............. 1.................. 1 deg.. ..................................
53. Selected flight path........ Full range......... +/-5%.............. 1.................. 1 deg.. ..................................
54. Selected decision height.... Full range......... +/-5%.............. 64................. 1 ft. ..................................
55. EFIS display format......... Discrete(s)........ ................... 4.................. ................... Discretes should show the display
system status (e.g., off, normal,
fail, composite, sector, plan,
nav aids, weather radar, range,
copy).
56. Multi-function/Engine Alerts Discrete(s)........ ................... 4.................. ................... Discretes should show the display
Display format. system status (e.g., off, normal,
fail, and the identity of display
pages for emergency procedures,
need not be recorded).
57. Thrust command.............. Full range......... +/-2%.............. 2.................. 2% of full range. ..................................
58. Thrust target............... Full range......... +/-2%.............. 4.................. 2% of full range. ..................................
59. Fuel quantity in CG trim Full range......... +/-5%.............. (1 per 64 sec.).... 1% of full range. ..................................
tank.
60. Primary Navigation System Discrete GPS, INS, ................... 4.................. ................... A suitable combination of discrete
Reference. VOR/DME, MLS, to determine the Primary
Loran C, Omega, Navigation System reference.
Localizer
Glideslope.
61. Ice Detection............... Discrete ``ice'' or ................... 4. ..................................
``no ice''.
62. Engine warning each engine Discrete........... ................... 1. ..................................
vibration.
63. Engine warning each engine Discrete........... ................... 1. ..................................
over temp.
64. Engine warning each engine Discrete........... ................... 1. ..................................
oil pressure low.
65. Engine warning each engine Discrete........... ................... 1. ..................................
over speed.
66. Yaw Trim Surface Position... Full Range......... +/-3% Unless Higher 2.................. 0.3% of full range. ..................................
Accuracy Uniquely
Required.
67. Roll Trim Surface Position.. Full Range......... +/-3% Unless Higher 2.................. 0.3% of full range. ..................................
Accuracy Uniquely
Required.
68. Brake Pressure (left and As installed....... +/-5%.............. 1.................. ................... To determine braking effort
right). applied by pilots or by
autobrakes.
[[Page 38394]]
69. Brake Pedal Application Discrete or Analog +/-5% (Analog)..... 1.................. ................... To determine braking applied by
(left and right). ``applied'' or pilots.
``off''.
70. Yaw or sideslip angle....... Full Range......... +/-5%.............. 1 0,5 deg.. ..................................
71. Engine bleed valve position. Decrete ``open'' or ................... 4. ..................................
``closed''.
72. De-icing or anti-icing Discrete ``on'' or ................... 4. ..................................
system selection. ``off''.
73. Computed center of gravity.. Full Range......... +/-5%.............. (1 per 64 sec.).... 1% of full range. ..................................
74. AC electrical bus status.... Discrete ``power'' ................... 4.................. ................... Each bus.
or ``off''.
75. DC electrical bus status.... Discrete ``power'' ................... 4.................. ................... Each bus.
or ``off''.
76. APU bleed valve position.... Discrete ``open'' ................... 4. ..................................
or ``closed.
77. Hydraulic Pressure (each Full range......... +/-5%.............. 2.................. 100 psi. ..................................
system).
78. Loss of cabin pressure...... Discrete ``loss'' ................... 1. ..................................
or ``normal''.
79. Computer failure (critical Discrete ``fail'' ................... 4. ..................................
flight and engine control or ``normal''.
systems).
80. Heads-up display (when an Discrete(s) ``on'' ................... 4. ..................................
information source is or ``off''.
installed).
81. Para-visual display (when an Discrete(s) ``on'' ................... 1. ..................................
information source is or ``off''.
installed).
82. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--pitch. inputs are not available, cockpit
display trim positions should be
recorded.
83. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--roll. inputs are not available, cockpit
display trim positions should be
recorded.
84. Cockpit trim control input Full Range......... +/5%............... 1.................. 0.2% of full range. Where mechanical means for control
position--yaw. inputs are not available, cockpit
display trim positions should be
recorded.
85. Trailing edge flap and Full Range......... +/-5%.............. 2.................. 0.5% of full range. Trailing edge flaps and cockpit
cockpit flap control position. flap control position may each be
sampled alternately at 4 second
intervals to provide a sample
each 0.5 second.
86. Leading edge flap and Full Range or +/-5%.............. 1.................. 0.5% of full range. ..................................
cockpit flap control position. Discrete.
87. Ground spoiler position and Full Range or +/-5%.............. 0.5................ 0.2% of full range. ..................................
speed brake selection. discrete.
[[Page 38395]]
88. All cockpit flight control Full Range +/-5%.............. 1.................. 0.2% of full range. For fly-by-wire flight control
input forces (control wheel, Control wheel +/- systems, where flight control
control column, rudder pedal). 70 lbs. surface position is a function of
Control Column +/- the displacement of the control
85 lbs input device only, it is not
Rudder pedal +/- necessary to record this
165 lbs. parameter. For airplanes that
have a flight control break-away
capability that allows either
pilot to operate the control
independently, record both
control force inputs. The control
force inputs may be sampled
alternately once per 2 seconds to
produce the sampling interval of
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 38396]]
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
8. The authority citation for part 129 continues to read as
follows:
Authority: 49 USC 106(G), 40104-40105, 40113, 40119, 44701-
44702, 44712, 44716-44717, 44722, 44901-44904, 44906.
9. The first sentence of paragraph (b) is revised to add reference
to new Sec. 129.20, to read as follows:
Sec. 129.1 Applicability.
* * * * *
(b) Sections 129.14 and 129.20 also apply to U.S.-registered
aircraft operated in common carriage by a foreign person or foreign air
carrier solely outside the United States. * * *
10. Section 129.20 is added to read as follows:
Sec. 129.20 Digital flight data recorders.
No person may operate an aircraft under this part that is
registered in the United States unless it is equipped with one or more
approved flight recorders that use a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The flight data recorder must record the parameters
that would be required to be recorded if the aircraft were operated
under part 121, 125, or 135 of this chapter, and must be installed by
the compliance times required by those parts, as applicable to the
aircraft.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
11. The authority citation for part 135 continues to read as
follows:
Authority: 49 USC 106(g), 40113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
12. Section 135.152(a) is revised to read as follows:
Sec. 135.152 Flight recorders.
(a) Except as provided in paragraph (k) of this section, no person
may operate under this part a multi-engine, turbine-engine powered
airplane or rotorcraft having a passenger seating configuration,
excluding any required crewmembers seat, of 10 to 19 seats, that was
either brought onto the U.S. register after, or was registered outside
the United States and added to the operator's U.S. operations
specifications after, October 11, 1991, unless it is equipped with one
or more approved flight recorders that use a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. The parameters specified in either Appendix B
or C of this part, as applicable must be recorded within the range,
accuracy, resolution, and recording intervals as specified. The
recorder shall retain no less than 25 hours of aircraft operation.
* * * * *
Sec. 135.152 [Amended]
13. In Sec. 135.152(d), the first sentence is amended by removing
the phrase ``8 hours'' and adding the phrase ``25 hours'' in its place.
14. Section 135.152(f) is revised to read as follows:
Sec. 135.152 Flight recorders.
* * * * *
(f)(1) For airplanes manufactured on or before August 18, 2000, and
all other aircraft, each flight recorder required by this section must
be installed in accordance with the requirements of Sec. 23.1459,
25.1459, 27.1459, or 29.1459, as appropriate, of this chapter. The
correlation required by paragraph (c) of Sec. 23.1459, 25.1459,
27.1459, or 29.1459, as appropriate, of this chapter need be
established only on one aircraft of a group of aircraft:
(i) That are of the same type;
(ii) On which the flight recorder models and their installations
are the same; and
(iii) On which there are no differences in the type designs with
respect to the installation of the first pilot's instruments associated
with the flight recorder. The most recent instrument calibration,
including the recording medium from which this calibration is derived,
and the recorder correlation must be retained by the certificate
holder.
(f)(2) For airplanes manufactured after August 18, 2000, each
flight data recorder system required by this section must be installed
in accordance with the requirements of Sec. 23.1459 (a), (b), (d) and
(e) of this chapter, or Sec. 25.1459 (a), (b), (d), and (e) of this
chapter. A correlation must be established between the values recorded
by the flight data recorder and the corresponding values being
measured. The correlation must contain a sufficient number of
correlation points to accurately establish the conversion from the
recorded values to engineering units or discrete state over the full
operating range of the parameter. Except for airplanes having separate
altitude and airspeed sensors that are an integral part of the flight
data recorder system, a single correlation may be established for any
group of airplanes--
(i) That are of the same type;
(ii) On which the flight recorder system and its installation are
the same; and
(iii) On which there is no difference in the type design with
respect to the installation of those sensors associated with the flight
data recorder system. Documentation sufficient to convert recorded data
into the engineering units and discrete values specified in the
applicable appendix must be maintained by the certificate holder.
* * * * *
15. In Sec. 135.152, new paragraphs (h), (i), and (j) and (k) are
added to read as follows:
* * * * *
(h) The operational parameters required to be recorded by digital
flight data recorders required by paragraphs (i) and (j) of this
section are as follows, the phrase ``when an information source is
installed'' following a parameter indicated that recording of that
parameter is not intended to require a change in installed equipment.
(1) Time;
(2) Pressure altitude;
(3) Indicated airspeed;
(4) Heading--primary flight crew reference (if selectable, record
discrete, true or magnetic);
(5) Normal acceleration (Vertical);
(6) Pitch attitude;
(7) Roll attitude;
(8) Manual radio transmitter keying, or CVR/DFDR synchronization
reference;
(9) Thrust/power of each engine--primary flight crew reference;
(10) Autopilot engagement status;
(11) Longitudinal acceleration;
(12) Pitch control input;
(13) Lateral control input;
(14) Rudder pedal input;
(15) Primary pitch control surface position;
(16) Primary lateral control surface position;
(17) Primary yaw control surface position;
(18) Lateral acceleration;
(19) Pitch trim surface position or parameters of paragraph (h)(82)
of this section if currently recorded;
(20) Trailing edge flap or cockpit flap control selection (except
when parameters of paragraph (h)(85) of this section apply);
(21) Leading edge flap or cockpit flap control selection (except
when parameters of paragraph (h)(86) of this section apply);
(22) Each Thrust reverser position (or equivalent for propeller
airplane);
(23) Ground spoiler position or speed brake selection (except when
parameters
[[Page 38397]]
of paragraph (h)(87) of this section apply);
(24) Outside or total air temperature;
(25) Automatic Flight Control System (AFCS) modes and engagement
status, including autothrottle;
(26) Radio altitude (when an information source is installed);
(27) Localizer deviation, MLS Azimuth;
(28) Glideslope deviation, MLS Elevation;
(29) Marker beacon passage;
(30) Master warning;
(31) Air/ground sensor (primary airplane system reference nose or
main gear);
(32) Angle of attack (when information source is installed);
(33) Hydraulic pressure low (each system);
(34) Ground speed (when an information source is installed);
(35) Ground proximity warning system;
(36) Landing gear position or landing gear cockpit control
selection;
(37) Drift angle (when an information source is installed);
(38) Wind speed and direction (when an information source is
installed);
(39) Latitude and longitude (when an information source is
installed);
(40) Stick shaker/pusher (when an information source is installed);
(41) Windshear (when an information source is installed);
(42) Throttle/power lever position;
(43) Additional engine parameters (as designated in appendix F of
this part);
(44) Traffic alert and collision avoidance system;
(45) DME 1 and 2 distances;
(46) Nav 1 and 2 selected frequency;
(47) Selected barometric setting (when an information source is
installed);
(48) Selected altitude (when an information source is installed);
(49) Selected speed (when an information source is installed);
(50) Selected mach (when an information source is installed);
(51) Selected vertical speed (when an information source is
installed);
(52) Selected heading (when an information source is installed);
(53) Selected flight path (when an information source is
installed);
(54) Selected decision height (when an information source is
installed);
(55) EFIS display format;
(56) Multi-function/engine/alerts display format;
(57) Thrust command (when an information source is installed);
(58) Thrust target (when an information source is installed);
(59) Fuel quantity in CG trim tank (when an information source is
installed);
(60) Primary Navigation System Reference;
(61) Icing (when an information source is installed);
(62) Engine warning each engine vibration (when an information
source is installed);
(63) Engine warning each engine over temp. (when an information
source is installed);
(64) Engine warning each engine oil pressure low (when an
information source is installed);
(65) Engine warning each engine over speed (when an information
source is installed;
(66) Yaw trim surface position;
(67) Roll trim surface position;
(68) Brake pressure (selected system);
(69) Brake pedal application (left and right);
(70) Yaw or sideslip angle (when an information source is
installed);
(71) Engine bleed valve position (when an information source is
installed);
(72) De-icing or anti-icing system selection (when an information
source is installed);
(73) Computed center of gravity (when an information source is
installed);
(74) AC electrical bus status;
(75) DC electrical bus status;
(76) APU bleed valve position (when an information source is
installed);
(77) Hydraulic pressure (each system);
(78) Loss of cabin pressure;
(79) Computer failure;
(80) Heads-up display (when an information source is installed);
(81) Para-visual display (when an information source is installed);
(82) Cockpit trim control input position--pitch;
(83) Cockpit trim control input position--roll;
(84) Cockpit trim control input position--yaw;
(85) Trailing edge flap and cockpit flap control position;
(86) Leading edge flap and cockpit flap control position;
(87) Ground spoiler position and speed brake selection; and
(88) All cockpit flight control input forces (control wheel,
control column, rudder pedal).
(i) For all turbine-engine powered airplanes with a seating
configuration, excluding any required crewmember seat, of 10 to 30
passenger seats, manufactured after August 18, 2000--
(1) The parameters listed in paragraphs (h)(1) through (h)(57) of
this section must be recorded within the ranges, accuracies,
resolutions, and recording intervals specified in Appendix F of this
part.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system must be recorded within the
ranges, accuracies, resolutions, and sampling intervals specified in
Appendix F of this part.
(j) For all turbine-engine-powered airplanes with a seating
configuration, excluding any required crewmember seat, of 10 to 30
passenger seats, that are manufactured after August 19, 2002 the
parameters listed in paragraph (a)(1) through (a)(88) of this section
must be recorded within the ranges, accuracies, resolutions, and
recording intervals specified in Appendix F of this part.
(k) For airplanes manufactured before August 18, 1997 the following
airplane type need not comply with this section: deHavilland DHC-6.
Apendix B to Part 135--[Amended]
16. In Appendix B to part 135, Airplane Flight Recorder
Specifications, in the ``Range'' column, the first entry is amended by
removing the phrase ``8 hr minimum'' and adding the phrase ``25 hr
minimum'' in its place.
Appendix C to Part 135--[Amended]
17. In Appendix C to part 135, Helicopter Flight Recorder
Specifications, in the ``Range'' column, the first entry is amended by
removing the phrase ``8 hr minimum'' and adding the phrase ``25 hr
minimum'' in its place.
18. Appendix F to part 135 is added to read as follows:
[[Page 38398]]
Appendix F to Part 135--Airplane Flight Recorder Specification
The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must
be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accuracy (sensor Seconds per
Parameters Range input) sampling interval Resolution Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Time Counts. 24 Hrs, 0 to 4095.. +/-0.125% Per Hour. 4.................. 1 sec.............. UTC time preferred when available.
Counter increments each 4 seconds
of system operation.
2. Pressure Altitude............ -1000 ft to max +/-100 to +/-700 ft 1.................. 5' to 35''......... Data should be obtained from the
certificated (see table, TSO air data computer when
altitude of C124a or TSO C51a). practicable.
aircraft. +5000 ft.
3. Indicated airspeed or 50 KIAS or minimum +/-5% and +/-3%.... 1.................. 1 kt............... Data should be obtained from the
Calibrated airspeed. value to Max Vso and Vso practicable.
to 1.2 V.D .
4. Heading (Primary flight crew 0-360 deg. and +/-2 deg........... 1.................. 0.5 deg............ When true or magnetic heading can
reference). Discrete ``true'' be selected as the primary
or ``mag''. heading reference, a discrete
indicating selection must be
recorded.
5.Normal Acceleration (Vertical) -3g to +6g......... +/-1% of max range 0.125.............. 0.004g. ..................................
excluding datum
error of +/-5%.
6. Pitch Attitude............... +/-75%............. +/-2 deg........... 1 or 0.25 for 0.5 deg............ A sampling rate of 0.25 is
airplanes operated recommended.
under Sec.
135.152(j).
7. Roll Attitude................ +/-180 deg.0....... +/-2 deg........... 1 or 0.5 for 0.5 deg............ A sampling rate of 0.5 is
airplanes operated recommended.
under Sec.
135.152(j).
8. Manual Radio Transmitter On-Off (Discrete).. ................... 1.................. ................... Preferably each crew member but
Keying or CVR/DFDR None............... one discrete acceptable for all
synchronization reference. transmission provided the CVR/FDR
system complies with TSO C124a
CVR synchronization requirements
(paragraph 4.2.1 ED-55).
9. Thrust/Power on Each Engine-- Full Range Forward. +/-2%.............. 1 (per engine)..... 0.2% of full range. sufficient parameters (e.g., EPR,
primary flight crew reference. N1 or Torque, NP) as appropriate
to the particular engine be
recorded to determine power in
forward and reverse thrust,
including potential overspeed
conditions.
10. Autopilot Engagement........ Discrete ``on'' or ................... 1.
``off''.
11. Longitudinal Acceleration... +/-1g.............. +/-1.5% max. range 0.25............... 0.004g. ..................................
excluding datum
error of +/-5%.
12a. Pitch Control(s) position Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire systems. Higher Accuracy airplanes operated control break away capability
Uniquely Required. under Sec. that allows either pilot to
135.152(j). operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5 or 0.25,
as applicable.
12b. Pitch Control(s) position Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range.
(fly-by-wire systems). Higher Accuracy. airplanes operated
under Sec.
135.152(j).
13a. Lateral Control position(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire). Higher Accuracy airplanes operated control break away capability
Uniquely Required. under Sec. that allows either pilot to
135.152(j). operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling intereval of 0.5 or
0.25, as applicable.
13b. Lateral Control position(s) Full range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range.
(fly-by-wire). Higher Accuracy airplanes operated
Uniquely required. under Sec.
135.152(j).
[[Page 38399]]
14a. Yaw Control position(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes that have a flight
(non-fly-by-wire). Higher Accuracy airplanes operated control break away capability
Uniquely Required. under Sec. that allows either pilot to
135.152(j).. operate the controls
independently, record both
control inputs. The control
inputs may be sampled alternately
once per second to produce the
sampling interval of 0.5.
14b. Yaw Control position(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range.
(fly-by-wire). Higher Accuracy
Uniquely Required.
15. Pitch Control Surface(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. For airplanes fitted with multiple
Position. Higher Accuracy airplanes operated or split surfaces, a suitable
Uniquely Required. under Sec. combination of inputs is
135.152(j). acceptable in lieu of recording
each surface spearately. The
control surfaces may be sampled
alternately to produce the
sampling interval of 0.5 or 0.25.
16. Lateral Control Surface(s) Full Range......... +/-2 deg. Unless 0.5 or 0.25 for 0.2% of full range. A suitable combination of surface
Position. Higher Accuracy airplanes operated position sensors is acceptable in
Uniquely Required. under Sec. lieu of recording each surface
135.152(j). separately. The control surfaces
may be sampled alternately to
produce the sampling interval of
0.5 or 0.25.
17. Yaw Control Surface(s) Full Range......... +/-2 deg. Unless 0.5................ 0.2% of full range. For Airplanes with multiple or
Position. Higher Accuracy split surfaces, a suitable
Uniquely Required. combination of surface position
sensors is acceptable in lieu of
recording each surface
separately. The control surfaces
may be sampled alternately to
produce the sampling interval of
0.5.
18. Lateral Acceleration........ +/-1g.............. +/-1.5% max. range 0.25............... 0.004g.............
excluding datum
error of +/-5%.
19. Pitch Trim Surface Position. Full Range......... +/-3% Unless Higher 1.................. 0.3% of full range.
Accuracy Uniquely
Required.
20. Trailing Edge Flap or Full Range or Each +/-3 deg. or as 2.................. 0.5% of full range. Flap position and cockpit control
Cockpit Control Selection. Position Pilot's indicator. may each be sampled alternately
(discrete). at 4 second intervals, to give a
data point every 2 seconds.
21. Leading Edge Flap or Cockpit Full Range or Each +/-3 deg. or as 2.................. 0.5% of full range. Left and right sides, or flap
Control Selection. Discrete Position. Pilot's indicator position and cockpit control may
and sufficient to each be sampled at 4 second
determine each intervals, so as to give a data
discrete position. point every 2 seconds.
22. Each Thrust reverser Stowed, In Transit, ................... 1 (per engine...... ................... Turbo-jet--2 discretes enable the
Position (or equivalent for and reverse 3 states to be determined
propeller airplane). (Discrete). Turbo-prop--1 discrete
23. Ground Spoiler Position or Full Range or Each +/-2 deg. Unless 1 0.5 for airplanes 0.2% of full range.
Speed Brake Selection. Position Higher Accuracy operated under
(discrete).. Uniquely Required. Sec. 135.152(j).
24. Outside Air Temperature or -50 deg.C to +90 +/-2 deg. C........ 2.................. 0.3 deg. C.........
Total Air Temperature. deg.C.
25. Autopilot/Autothrottle/AFCS A suitable ................... 1.................. ................... Discretes should show which
Mode and Engagement Status. combination of systems are engaged and which
discretes. primary modes are controlling the
flight path and speed of the
aircraft.
26. Radio Altitude.............. -20 ft to 2,500 ft. +/-2 ft or +/-3% 1.................. 1 ft +5% above 500 For autoland/category 3
Whichever is ft. operations. Each radio altimeter
Greater Below 500 should be recorded, but arranged
ft and +/-5% Above so that at least one is recorded
500 ft. each second.
[[Page 38400]]
27. Localizer Deviation, MLS +/-400 Microamps or As installed +/-3% 1.................. 0.3% of full range. For autoland/category 3
Azimuth, or GPS Lateral available sensor recommended.. operations. Each system should be
Deviation. range as installed recorded but arranged so that at
+/-62 deg.. least one is recorded each
second. It is not necessary to
record ILS and MLS at the same
time, only the approach aid in
use need be recorded.
28. Glideslope Deviation, MLS +/-400 Microamps or As installed +/-3% 1.................. 0.3% of full range. For autoland/category 3
Elevation, or GPS Vertical available sensor recommended. operations. Each system should be
Deviation. range as installed. recorded but arranged so that at
0.9 to + 30 deg.... least one is recorded each
second. It is not necessary to
record ILS and MLS at the same
time, only the approach aid in
use need be recorded.
29. Marker Beacon Passage....... Discrete ``on'' or ................... 1.................. ................... A single discrete is acceptable
``off''. for all markers.
30. Master Warning.............. Discrete........... ................... 1.................. ................... Record the master warning and
record each ``red'' warning that
cannot be determined from other
parameters or from the cockpit
voice recorder.
31. Air/ground sensor (primary Discrete ``air'' or ................... 1 (0.25
airplane system reference nose ``ground''. recommended.).
or main gear).
32. Angle of Attack (If measured As installed....... As installed....... 2 or 0.5 for 0.3% of full range. If left and right sensors are
directly). airplanes operated available, each may be recorded
under Sec. at 4 or 1 second intervals, as
135.152(j). appropriate, so as to give a data
point at 2 seconds or 0.5 second,
as required.
33. Hydraulic Pressure Low, Each Discrete or +/-5%.............. 2.................. 0.5% of full range. ..................................
System. available sensor
range, ``low'' or
``normal''.
34. Groundspeed................. As installed....... Most Accurate 1.................. 0.2% of full range. ..................................
Systems Installed.
35. GPWS (ground proximity Discrete ................... 1.................. ................... A suitable combination of
warning system). ``warning'' or discretes unless recorder
``off''. capacity is limited in which case
a single discrete for all modes
is acceptable.
36. Landing Gear Position or Discrete........... ................... 4.................. ................... A suitable combination of
Landing gear cockpit control discretes should be recorded.
selection.
37. Drift Angle................. As installed....... As installed....... 4.................. 0.1 deg.. ..................................
38. Wind Speed and Direction.... As installed....... As installed....... 4 1 knot, and 1.0 ..................................
deg...
39. Latitude and Longitude...... As installed....... As installed....... 4.................. 0.002 deg., or as Provided by the Primary Navigation
installed. System Reference. Where capacity
permits latitude/longitude
resolution should be 0.0002 deg..
40. Stick shaker and pusher Discrete(s) ``on'' ................... 1.................. ................... A suitable combination of
activation. or ``off''. discretes to determine
activation.
41. Windshear Detection......... Discrete ................... 1.
``warning'' or
``off''.
42. Throttle/power lever Full range......... +/-2%.............. 1 for each lever... 2% of full range... For airplanes with non-
position. mechanically linked cockpit
engine controls.
43. Additional Engine Parameters As installed....... As installed....... Each engine each 2% of full range... Where capacity permits, the
second. preferred priority is indicated
vibration level, N2, EGT, Fuel
Flow, Fuel Cut-off lever position
and N3, unless engine
manufacturer recommends
otherwise.
[[Page 38401]]
44. Traffic Alert and Collision Discretes.......... As installed....... 1.................. ................... A suitable combination of
Avoidance System (TCAS). discretes should be recorded to
determine the status of--Combined
Control, Vertical Control, Up
Advisory, and down advisory.
(ref. ARINC Characteristic 735
Attachment 6E, TCAS VERTICAL RA
DATA OUTPUT WORD.)
45. DME 1 and 2 Distance........ 0-200 NM;.......... As installed....... 4.................. 1 NM............... 1 mile.
46. Nav 1 and 2 Selected Full range......... As installed....... 4.................. ................... Sufficient to determine selected
Frequency. frequency.
47. Selected barometric setting. Full Range......... +/-5%.............. (1 per 64 sec.).... 0.2% of full range.
48. Selected altitude........... Full Range......... +/-5%.............. 1.................. 100 ft.
49. Selected speed.............. Full Range......... +/-5%.............. 1.................. 1 knot.
50. Selected Mach............... Full Range......... +/-5%.............. 1.................. .01.
51. Selected vertical speed..... Full Range......... +/-5%.............. 1.................. 100 ft./min.
52. Selected heading............ Full Range......... +/-5%.............. 1.................. 1 deg..
53. Selected flight path........ Full Range......... +/-5%.............. 1.................. 1 deg.. ..................................
54. Selected decision height.... Full Range......... +/-%5.............. 64................. 1 ft.
55. EFIS display format......... Discrete(s)........ ................... 4.................. ................... Discretes should show the display
system status (e.g., off, normal,
fail, composite, sector, plan,
nav aids, weather radar, range,
copy.
56. Multi-function/Engine Alerts Discrete(s)........ ................... 4.................. ................... Discretes should show the display
Display format. system status (e.g., off, normal,
fail, and the identity of display
pages for emergency procedures,
need not be recorded.
57. Thrust command.............. Full Range......... +/-2%.............. 2.................. 2% of full range.
58. Thrust target............... Full Range......... +/-2%.............. 4.................. 2% of full range.
59. Fuel quantity in CG trim Full Range......... +/-5%.............. (1 per 64 sec.).... 1% of full range.
tank.
60. Primary Navigation System Discrete GPS, INS, ................... 4.................. ................... A suitable combination of
Reference. VOR/DME, MLS, discretes to determine the
Loran C, Omega, Primary Navigation System
Localizer reference.
Glidescope.
61. Ice Detection............... Discrete ``ice'' or ................... 4.
``no ice''.
62. Engine warning each engine Discrete........... ................... 1.
vibration.
63. Engine warning each engine Discrete........... ................... 1.
over temp..
64. Engine warning each engine Discrete........... ................... 1.
oil pressure low.
65. Engine warning each engine Discrete........... ................... 1.
over speed.
66. Yaw Trim Surface Position... Full Range......... +/-3% Unless Higher 2.................. 0.3% of full range.
Accuracy Uniquely
Required.
67. Roll Trim Surface Position.. Full Range......... +/-3% Unless Higher 2.................. 0.3% of full range.
Accuracy Uniquely
Required.
68. Brake Pressure (left and As installed....... +/-5%.............. 1.................. ................... To determine braking effort
right). applied by pilots or by
autobrakes.
69. Brake Pedal Application Discrete or Analog +/-5% (Analog)..... 1.................. ................... To determine braking applied by
(left and right). ``applied'' or pilots.
``off''.
70. Yaw or sideslip angle....... Full Range......... +/-5%.............. 1.................. 0.5 deg..
71. Engine bleed valve position. Discrete ``open'' ................... 4.
or ``closed''.
[[Page 38402]]
72. De-icing or anti-icing Discrete ``on'' or ................... 4.
system selection. ``off''.
73. Computed center of gravity.. Full Range......... +/-5%.............. (1 per 64 sec.).... 1% of full range.
74. AC electrical bus status.... Discrete ``power'' ................... 4.................. ................... Each bus.
or ``off''.
75. DC electrical bus status.... Discrete ``power'' ................... 4.................. ................... Each bus.
or ``off''.
76. APU bleed valve position.... Discrete ``open'' ................... 4.
or ``closed''.
77. Hydraulic Pressure (each Full range......... +/-5%.............. 2.................. 100 psi.
system).
78. Loss of cabin pressure...... Discrete ``loss'' ................... 1.
or ``normal''.
79. Computer failure (critical Discrete ``fail'' ................... 4.
flight and engine control or ``normal''.
systems).
80. Heads-up display (when an Discrete(s) ``on'' ................... 4.
information source is or ``off''.
installed).
81. Para-visual display (when an Discrete(s) ``on'' ................... 1.
information source is or ``off''.
installed).
82. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--pitch. inputs are not available, cockpit
display trim positions should be
recorded.
83. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
positions--roll. inputs are not available, cockpit
display trim positions should be
recorded.
84. Cockpit trim control input Full Range......... +/-5%.............. 1.................. 0.2% of full range. Where mechanical means for control
position--yaw. inputs are not available, cockpit
display trim positions should be
recorded.
85. Trailing edge flap and Full Range......... +/-5%.............. 2.................. 0.5% of full range. Trailing edge flaps and cockpit
cockpit flap control position. flap control position may each be
sampled alternately at 4 second
intervals to provide a sample
each 0.5 second.
86. Leading edge flap and Full Range or +/-5%.............. 1.................. 0.5% of full range.
cockpit flap control position. Discrete.
87. Ground spoiler position and Full Range or +/-5%.............. 0.5................ 0.2% of full range.
speed brake selection. discrete.
88. All cockpit flight control Full Range +/-5%.............. 1.................. 0.2% of full range. For fly-by-wire flight control
input forces (control wheel, Control wheel +/- systems, where flight control
control column, rudder pedal). 70 lbs. surface position is a function of
Control Column +/- the displacement of the control
85 lb input device only, it is not
Rudder pedal +/- necessary to record this
165 lbs parameter. For airplanes that
have a flight control break away
capability that allows either
pilot to operate the control
independently, record both
control force inputs. The control
force inputs may be sampled
alternately once per 2 second to
produce the sampling interval of
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 38403]]
(Revisions to Digital Flight Data Recorders; Final Rule; Docket No.
28109)
Issued in Washington, D.C. on July 9, 1997.
Barry J. Valentine,
Acting Administrator.
[FR Doc. 97-18514 Filed 7-10-97; 3:03 pm]
BILLING CODE 4910-13-M
