Astar Air Cargo, Inc.

See attached PDF File from ASTAR Aircargo inc Good Day, Astar Air Cargo, Inc. respectfully submits these comments in response to the Notice of Proposed Rulemaking (NPRM) FAA-2006-26135 Notice No. 08- 08. This new notice would amend the original proposal to allow for certain data parameters to be filtered if a certificate holder can show that the data can be accurately reconstructed and creates a new section within FAR 121 to house the rule. The original proposed specifications would prohibit the filtering of any original sensor signal that comprises one of several specific FDR parameters. We would like to comment on the changes as submitted under Notice No 08-08 and the associated comments within. Astar Air Cargo, Inc. believes safety of flight and the lessons learned from prior incidences through recorded flight data to be appropriate reasoning to amend regulations of the commercial aviation industry. However, we can not unconditionally agree to all the changes within this proposal and believe some of these changes to add undesired stress to an already convoluted DFDR regulating system. Although we agree with the requirements to obtain the most accurate and unobstructed data to recreate the flight environment during an incident, we do not agree on the proposed method to document or create this rule. COMMENTS: NPRM SPECIFC AIRCRAFT VERBIAGE The NPRM specifically states the A300 and does not differentiate between the family models. It is our understanding that the reference to the A300 within the NPRM is the A300-600. Through our research and engineering documentation the A300-B4B, in the configuration flown by Astar Air Cargo, Inc., does not have DFDR data that is filtered per the stipulations of the NPRM. We would propose the NPRM is amended to include verbiage that removes specific aircraft model and/or family data so that undesired scrutiny is not afforded to airlines without proper investigation of filtered data. ADDITION OF SECTION 121.346 TO HOUSE THE FILTER DATA RULE We believe it is in the best interest of the FAA and the certificate holders to maintain consistency within sections of the regulations. Therefore, we believe, the NPRM proposed data should be placed within section 121.344 as indicated within the original NPRM. Section 121.344 and 121.344(a) discuss Flight Data Recorder rules while 121.345 disuses Radio Equipment rule and 121.347 discusses Communication and Navigation Equipment rules. If it is the intention of the authority to shed light on the filtering requirements, the rule must be maintained in a clearly defined and consistent manner in section 121.344. SPECIFIC PARAMETER FILTER INDENTIFICATION Proposed paragraphs 121.346(b)(1) and (b)(2) list specific parameters that may or may not be filtered. These paragraphs are confusing and can lead to misinterpretation of the intent. We do not feel that the current method is exacting in regards to which parameters may or may not be filtered. In addition to changes in the paragraphs within the proposed section, tables within Appendix M and B of FAR 121 should include a column to indicate whether each specific parameter may or may not be filtered with connection to the restrictions as outlined within the verbiage of the proposed section. NPRM PROPOSED COMPLIANCE TIME VERSUS 121.346 COMPLIANCE TIME NPRM Notice No 08-08, Section I Background, Paragraph C. Changes in This Supplement Notice of Proposed Rulemaking; explains changes to the compliance time that do not concur with the proposed new section 121.346(c). Within the 7th paragraph of this section the NPRM indicates the certificate holder has four years to test its DFDR system and verify that none of the restricted parameters are being filtered. The proposed section 121.346 (c) has no indication that a certificate holder should test the DFDR system to confirm whether a parameter is filtered or not. This difference in data can lead to a misinterpretation of the rule and lead persons to test systems that can be confirmed through engineering and maintenance documentation to be filtered or not. We suggest that the section of the NPRM be rewritten to remove the explanation of a test in this case. SEC. 121.344(i) VERSUS 121.346 NTSB RECONSTRUCTION DATA If the FAA allows the proposed rule to be included in new sec. 121.346 the assumption made within the NPRM Notice No 08-08 in regards to sec. 121.344(i) will not be accurate. Sec. 121.344(i) states “…the certificate holder shall remove the recorder from the airplane and keep the recorder data prescribed by this section…” If the reconstruction data requirements are maintained in sec. 121.346 the term “…prescribed by this section...” will no longer accurately account for the reconstructed data. SEC. 121.344(i) NTSB RECONSTRUCTION DATA DELIVERY Please clarify the requirements of the certificate holder’s time requirements to supply the reconstruction data to the NTSB, in case of an incident, within the compliance period. If the certificate holder has not yet created the reconstruction data and has not reached the required compliance period to create such date and an incident occurs what, if any, are the time limits to have the reconstruction data created and supplied to the NTSB. OEM AND LIKE AIRCRAFT REVEIWS As mentioned within the NPRM like system aircraft will require only one aircraft of its type to be reviewed and subsequent reconstruction tests and procedures put in place. This type of coordination should be reviewed between the FAA and the aircraft manufacture (OEM) prior to rule making. Impact on an individual operator base will be expediential and undesirable as many aircraft can be reviewed by a single source, the OEM. We propose, prior to the rule and compliance time final agreement, that the FAA work with aircraft manufactures and individual operators to determine the actual impact of OEM group filtered data verification and reconstruction data requirements and individual operator like requirements. FAR PART 121 VERSUS PART 25 Astar Air Cargo, Inc. agrees with the comments made by AirTran in regards to the appropriateness of the DFDR system requirements contained within FAR Part 121. We believe the data contained in sec 121.344 and the proposed sec 121.346 to be a certification issue under the modification and manufacturing requirements. As AirTran stated, the requirements maintained in FAR 121 are operating rules and the DFDR sections contain certification requirements. We propose the FAA revisit the location of all the FDR section 121.344 and 121.344 (a) with possible relocation to a section that is more appropriate for certification of systems and components. We appreciate the time the FAA and DOT have taken to review our comments to the proposed rule. Please contact Astar Air Cargo, Inc. for further clarification on the above comments, as required. We look forward in working with the industry and the department on this matter.