[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37144-37181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17824]



[[Page 37143]]


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Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Parts 121, 125, 129, and 135



Revisions to Digital Flight Data Recorder Rules; Proposed Rule

  Federal Register / Vol. 61, No. 137 / Tuesday, July 16, 1996 / 
Proposed Rules  

[[Page 37144]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, 129, and 135

[Docket No. 28109; Notice No. 96-7]
RIN 2120-AF-76


Revisions to Digital Flight Data Recorder Rules

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to revise and update the Federal 
Aviation Regulations to require certain operators to record 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 would allow additional information to be collected to ensure 
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: Comments on the proposed revisions to parts 121, 125, and 135 
must be received by August 15, 1996. Comments on the proposed revisions 
to part 129 must be received by November 13, 1996.

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: [email protected]. 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:
Frank Rock, Aircraft Engineering Division, Aircraft Certification 
Service, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591, telephone (202) 267-9567.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental energy, 
federalism, or economic impact that might result from adopting the 
proposal in this notice are also invited. Substantive comments should 
be accompanied by cost estimates. Comments should identify the 
regulatory docket or notice number and should be submitted in 
triplicate to the Rules Docket address specified above. All comments 
received on or before the closing date for comments specified will be 
considered by the Administrator before taking action on this proposed 
rulemaking. The proposal contained in this notice may be changed in 
light of comments received. All comments received will be available, 
both before and after the closing date for comments, in the Rules 
Docket for examination by interested persons. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket. Commenters wishing the FAA to 
acknowledge receipt of their comments submitted in response to this 
notice must include a pre-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. 28109.'' The 
postcard will be date stamped and mailed to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339), the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee Bulletin Board service (telephone: 202-267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs 
for access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-9680. Communications must identify the notice number or docket 
number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRM's should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, that 
describes the application procedure.

Background

Statement of the Problem

    The NTSB has submitted recommendations to the FAA to require the 
recordation of additional parameters on certain flight 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 in 
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 proposed rule seeks to 
expand the data collection requirements to include all parameters that 
can cost-effectively be collected.

History of FDR Regulations

    Since the original development of foil flight recorders, both the 
FAA and the NTSB have relied heavily on the data retrieved from them to 
aid in accident and incident investigation. The limited capability of 
the 6-parameter foil recorder made it virtually impossible to fully 
identify the probable cause of certain accidents, such as those related 
to windshear. Until the advent of more sophisticated flight data 
recorders, many accidents were assumed to be caused by pilot error 
since no other viable alternative could be identified. The high failure 
rate of those recorders and their limited recording capabilities led 
Congress to require the use of improved recorders.
    On March 25, 1987, the FAA promulgated a final rule that required 
operators, by May 26, 1995, to install improved (11-parameter digital) 
flight data recorders [DFDR's] on all airplanes type certificated on or 
before September 30, 1969, and operated under part 121 of the Federal 
Aviation Regulations (52 FR 9622). The final rule, adopted as 14 CFR 
121.343(c), was issued in response to a recommendation from the NTSB 
that was based on accident/incident files for January 1983 to February 
1986

[[Page 37145]]

that revealed a high failure rate for metal foil flight recorders. The 
data revealed that 37 recorders (48 percent) had one or more 
malfunctioning parameters preceding the accident or incident, 
preventing the recording or readout of pertinent data.
    On July 11, 1988, the FAA promulgated a final rule that required 
the recording of additional parameters for certain newer airplanes. 
Airplanes manufactured after May 26, 1989, and certain other airplanes 
were required to have a DFDR that would record 17 or more parameters.
    In August 1991, the Air Transport Association (ATA) petitioned the 
FAA for an exemption from Sec. 121.343(c). The ATA stated that the 1994 
compliance date for the DFDR retrofit was inappropriate when 
considering the schedule for either retrofitting airplanes with nose 
abatement equipment or retiring airplanes in order to comply with the 
Stage 3 transition mandated in September 1991 (56 FR 48628, September 
25, 1991). The FAA denied the ATA exemption request, stating that the 
Stage 3 transition rule did not mandate the retirement of any Stage 2 
airplanes. The FAA pointed out that noise abatement equipment was 
expected to be available for virtually the entire active fleet.
    In June 1992, the ATA again requested that the FAA extend the May 
26, 1994, DFDR compliance date for its members and similarly situated 
operators. In the alternative, the ATA requested that the FAA establish 
a delayed DFDR retrofit schedule that coincided with the Stage 3 
transition interim compliance dates to avoid having to install new 
DFDR's on airplanes that were scheduled to be retired. The ATA asserted 
that the compliance deadline would require its members to install 
DFDR's on Stage 2 airplanes that would be retired within 5\1/2\ years 
of the May 1994 compliance date to remain in compliance with the part 
91 noise operating rule. The ATA asserted that this DFDR retrofit 
requirement for State 2 airplanes would impose substantial costs on 
them with little perceived benefit.
    On January 29, 1993, the FAA granted an exemption to ATA members to 
operate certain Stage 2 airplanes equipped with DFDR's that have 6 
rather than 11 operational parameters until the aircraft are retired, 
but no later than December 31, 1998.
    On November 17, 1993, the ATA submitted a petition for rulemaking 
to amend Sec. 121.343. The ATA stated that the exemption granted did 
not provide the scope of relief necessary for its members and similarly 
situated air carriers, and that a change to the rule was necessary. As 
justification for this proposed change, the ATA stated in its petition 
that there would be significant compliance costs and that there were 
problems with the technical requirements of DFDR installation.
    In January 1994, to further support its petition, the ATA presented 
updated information indicating that conditions in the industry had 
changed further, and that meeting the May 26, 1994, compliance date 
would be impossible for a significant number of Stage 2 airplanes 
because of changes in fleet plans, and equipment availability and 
certification difficulties.
    Although the FAA was unable to support the ATA position, the agency 
stated that some relief was needed from the combined impact of the 
Stage 3 transition and DFDR retrofit rules and the then-current 
equipment availability problems, at least as far as Stage 2 airplanes 
were concerned. Accordingly, in May 1994, the FAA amended 
Sec. 121.343(c) to provide to part 121 operators up to one year of 
relief for the retrofit of Stage 2 airplanes that were subject to the 
noise transition requirements of 14 CFR part 91. The extension of the 
compliance date for 11-parameter DFDR's on Stage 2 airplanes to May 
1995 was intended to allow operators to retire some of the affected 
airplanes as of the December 31, 1994, noise compliance deadline, and 
to acquire the necessary equipment for the remaining Stage 2 airplanes. 
No problems with meeting the 1995 compliance date were reported.

NTSB Recommendations

    On February 22, 1995, the NTSB submitted 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. 
As justification for these recommendations, the NTSB submitted 
background information. The full recommendation has been placed in the 
docket for this rulemaking and is summarized below.
    On September 8, 1994, a USAir Boeing 737-300, flight 427, was on a 
scheduled passenger flight from Chicago, Illinois, to Pittsburgh, 
Pennsylvania. During the approach to Pittsburgh, the airplane suddenly 
rolled to the left and pitched down until it reached a nearly vertical 
attitude and struck the ground near Aliquippa, Pennsylvania. The 
airplane was destroyed; none of the 5 crewmembers or 127 passengers 
survived. The NTSB's investigation of this accident is continuing, and 
no probable cause has yet been determined.
    On March 3, 1991, a United Airlines Boeing 737-291, flight 585, was 
on a scheduled passenger flight from Denver to Colorado Springs, 
Colorado. As the airplane was completing the turn to final approach, it 
rolled rapidly to the right and pitched down, reaching a nearly 
vertical attitude before it struck the ground. The airplane was 
destroyed; none of the five crewmembers or 20 passengers survived. In 
its report, the NTSB was unable to make a determination of probable 
cause of the accident.
    Both airplanes were equipped with flight data recorders. In neither 
case did the recorder provide information about airplane motion and 
flight control surface positions during the accident sequence that the 
NTSB has stated would be important in determining a probable cause of 
the accident.
    In the Colorado Springs accident, five flight data parameters--
altitude, airspeed, heading, vertical acceleration, and microphone 
keying--were recorded by the FDR in accordance with Sec. 121.343 for 
airplanes of its age. The FDR of the airplane involved in the Colorado 
Springs accident was not required to record other parameters that the 
NTSB has cited as critical to its accident investigation, including 
airplane pitch and roll attitude, engine thrust values, lateral and 
longitudinal acceleration, control wheel position, rudder pedal 
position, and the position of control surfaces such as the rudder, 
aileron, and spoiler.
    The Aliquippa accident also involved a Boeing 737, but that 
airplane's FDR system had been retrofitted with six additional 
parameters in anticipation of the 1995 deadline for these enhancements. 
However, the additional parameters did not include information on the 
positions of cockpit controls, flight control surface position, lateral 
acceleration, or autopilot status parameters that the NTSB has stated 
hampered its continuing accident investigation. In a public hearing on 
the accident, conducted by the NTSB in Pittsburgh, Pennsylvania, on 
January 23-27, 1995, witnesses from the FAA, aircraft manufacturers, 
and airlines agreed that additional FDR parameters would have assisted 
the NTSB in determining the probable cause of this accident.
    Had the airplanes involved in the Colorado Springs and Aliquippa 
accidents been equipped with enhanced FDR's, the NTSB stated that the 
information from the additional parameters would have allowed it to 
quickly identify any abnormal control

[[Page 37146]]

surface movements, configuration changes, or autopilot status changes 
that may have been involved in the loss of airplane control. This 
information from the additional parameters might also have allowed the 
NTSB to rule out certain factors, if warranted, and to focus its 
investigations on other areas.
    The NTSB has stated that the additional data parameters recorded on 
some FDR's substantially aided its investigation of two regional 
airline accidents that occurred during 1994. The first accident 
occurred on October 31, 1994, while an American Eagle ATR-72-210, 
flight 4184, was on a scheduled flight from Indianapolis, Indiana, to 
Chicago, Illinois. The flight had been placed in a holding pattern over 
Roselawn, Indiana, because of weather delays at O'Hare Airport. The 
flight was cleared to remain in the holding pattern and to descend from 
10,000 to 8,000 feet. The airplane rolled to the right, entered a steep 
descent, and struck the ground. None of the 64 passengers or 4 
crewmembers survived. The NTSB's continuing investigation has not yet 
determined the probable cause of the accident; however, information 
from the enhanced FDR enabled the NTSB to identify, within hours after 
receiving the recorder in its laboratories, the key events leading to 
the airplane's departure from controlled flight and the events during 
its final descent.
    The ATR-72 was equipped with an FDR that recorded 98 parameters, 
including vane angle of attack (VAOA), aileron bellcrank position, flap 
position, aileron trim position, and autopilot engagement status. The 
FDR data showed that, as the airplane was descending through 9,400 
feet, the wing flaps began to retract and the airplane's VAOA 
increased. As the VAOA reached 5 degrees, the autopilot disengaged, and 
within \1/4\ second the ailerons deflected to near maximum travel in 
the right-wing-down direction. The FDR data also showed that the 
rolling moment was reversed when the VAOA was reduced to below 5 
degrees and the ailerons deflected in the left-wing-down direction. The 
right rolling moment recurred as the VAOA again increased to 5 degrees 
and the ailerons deflected in the right-wing-down direction. Control of 
the airplane was not restored in time to prevent impact with the 
ground.
    The data available from the ATR-72 FDR indicated to investigators 
that the airplane rolled as expected in response to aileron control 
surface movements, and that the aileron movements were correlated with 
increases in the airplane's angle of attack. As a result, the NTSB was 
able to focus its efforts on possible explanations for the aileron 
control surface movements and, within days of the accident, the NTSB 
issued safety recommendations to minimize the likelihood of similar 
occurrences in the future. As part of its continuing investigation, the 
NTSB is also examining readouts from FDR's with expanded parameters 
from seven other ATR airplanes that have reportedly encountered flight 
control anomalies, three of which have shown similarities to those 
recorded before the accident.
    In the second accident, on February 1, 1994, an American Eagle Saab 
340B, flight 3641, was approaching Baton Rouge, Louisiana, on a 
scheduled passenger flight from Dallas/Fort Worth, Texas. As the 
airplane descended through 9,000 feet, both engines failed. The 
flightcrew executed a forced landing at False River Air Park in New 
Roads, Louisiana, during which the airplane sustained substantial 
damage. A flight attendant received minor injuries during the emergency 
evacuation. The 2 pilots and 23 passengers aboard were not injured.
    The FDR installed on the Saab 340B recorded 128 parameters. Data 
from the FDR showed that as the airplane descended through 9,040 feet, 
there was a rapid rise of both propellers' rotational speed to well 
above the maximum allowable revolutions per minute. Because the FDR was 
equipped to capture the positions of the engine power levers as well as 
the engine RPM's, the NTSB was able to determine that at the same time 
the propeller speed increased, the power levers moved from the flight 
idle gate position to aft of the ground idle detents. The airplane's 
approved flight manual prohibits such power lever movements while in 
flight. This flightcrew action explained the propeller overspeed, which 
resulted in dual engine failure. With the expanded FDR data, the NTSB 
was able to rule out alternative explanations for the propeller 
overspeed, including propeller system failures that previously had 
affected similar propellers installed in another turboprop regional 
airliner.
    The importance of FDR data is not limited to investigations of 
catastrophic accidents. Flight recorder data from incidents, which are 
less serious but more common, can provide information to help prevent 
accidents involving similar circumstances. Following the Colorado 
Springs and Aliquippa accidents, the NTSB investigated 28 Boeing 737 
incidents (U.S. operators) involving anomalous rudder activity or 
uncommanded roll oscillations. The FDR's aboard these incident 
airplanes, however, were not equipped to record flight control surface 
positions, flight control inputs, or lateral acceleration. Like 79 
percent of all U.S.-registered Boeing 737's, the airplanes involved in 
the incidents were manufactured prior to May 26, 1989; consequently, 
they were required to record only the five basic FDR parameters. As a 
result, certain objective data were not available from the FDR's, and 
investigators had little more than the flightcrews' subjective 
recollections of these incidents to aid in determining cause.
    In contrast to the investigations of 28 Boeing 737 incidents, for 
which important FDR data were not available, investigations of other 
incidents have been greatly aided by the availability of enhanced 
recorded information. These incidents involved airplanes equipped with 
a digital data bus that transmits information from many sensors to the 
onboard recording devices.
    In 1993, a British Airways Boeing 747-436 experienced a nose-down 
pitching moment immediately after departure from London Heathrow 
Airport. The captain avoided ground contact by exerting substantial 
back pressure on his control column. The incident was investigated by 
the United Kingdom's Air Accidents Investigation Branch (AAIB). Use of 
information recorded by a Quick Access Recorder (QAR) was useful in the 
AAIB's investigation, and led to a recommendation that the FAA require 
modifications of Boeing 747 hydraulic systems and elevator power 
control units.
    Between June and August 1993, an Air France Boeing 737-300 airplane 
experienced three rudder deflection anomalies. For each incident, 
approximately 206 flight data parameters were available to the French 
accident investigation authority. The data were recorded on QAR's, and 
available parameters included control surface positions, flight path 
data, acceleration in three axes, yaw damper, and autopilot modes. The 
NTSB is evaluating the data from these incidents for possible 
applicability to the Aliquippa and Colorado Springs accidents.
    The data parameters currently required to be recorded on FDR's are 
based on the NTSB's accident investigation experience and the capacity 
of the recording devices. Historically, many accidents investigated by 
the NTSB focused on wind shear, takeoff overruns, and instances of 
controlled flight into terrain; fewer accidents may have involved the 
inflight loss of lateral or directional control. In response, FDR

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parameter requirements focused on airplane performance (such as 
airspeed, altitude, and longitudinal acceleration) rather than on 
flight controls (such as rudder position and trim settings). However, 
recent accidents and incidents have persuaded the NTSB that more 
information about flight controls should be recorded by FDR's.
    Among the additional flight control parameters cited as important 
by the NTSB are those that pertain to the positions of flight control 
inputs and control surface positions. Under current rules. Airplanes 
fitted with conventional flight controls are permitted to record either 
the cockpit control input (such as control wheel position) or the 
control surface position (such as the direction and amount of aileron 
deflection), if one can be derived from the other. However, in its 
investigations of the recent Boeing 737 accidents, the NTSB found that 
in some failure modes, flight control surfaces could move independently 
of cockpit flight control inputs. Also, under some conditions, 
additional information is needed by investigators to determine whether 
the controls on the flight deck caused the control surfaces to move, or 
vice versa. Consequently, the NTSB strongly recommends that FDR's 
should record both the control inputs and control surface positions.
    Flight control trim information, including the positions of trim 
controls for roll and yaw, also has been found to be essential during 
recent accident investigations. For example, the aileron and rudder 
trim parameters provided answers to critical questions early in the 
investigation of the Roselawn accident. The airplane involved had 
previously experienced trim anomalies; the FDR revealed none on the 
accident flight.
    Recent technological changes have made feasible the acquisition and 
storage of large amounts of data on FDR's. Today, even for older 
airplanes, many FDR systems are capable of recording additional 
parameters because of unused capacity in the flight recording system. 
In terms of flight recording systems, there are two general categories 
of airplanes in the current air carrier fleet: those that operate 
predominately with analog systems, and those that operate predominately 
with digital systems.
    On an airplane that operates with an analog system, information 
from remotely located data sensors (for example, a rudder position 
sensor located in the tail section) is transmitted in an analog format 
to the FDR via dedicated wires. The information is then converted to 
digital format in the FDR or the flight data acquisition unit (FDAU).
    On an airplane equipped with a digital data bus, information is 
transmitted in digital format from a multitude of sensors, along a 
single, high-capacity communications pathway (data bus). Information 
transmitted on the bus is provided to a number of systems, including 
flight management computers. cockpit displays, QAR's, and FDR's. 
Additional data can be fed from the bus to the FDR, based on 
information that is already on the bus for other purposes or added to 
the bus by new sensors.
    During the public hearing on the Aliquippa accident, a major U.S. 
air carrier expressed concern about the costs of upgrading FDR's on the 
carrier's fleet. The NTSB recognized that enhanced FDR capability needs 
to be weighed against the costs. However, the Board also believes that 
the costs should be balanced against the remaining useful life and 
revenue-earning potential of an airplane.
    The NTSB believes that transport category airplanes of a type that 
is still in production and operated under 14 CFR Parts 121, 125, or 135 
should be retroffitted with the sensors and FDAU needed to record the 
parameters listed in its recommendation. Further, certain airplanes 
that are out of production but continue to be heavily used in U.S. 
airline fleets should also be retrofitted to record the parameters 
listed in its recommendation.
    The NTSB recommended that the FAA complete its rulemaking on FDR 
enhancements by December 31, 1995, and that upgrades be completed by 
January 1, 1998. Further, since Boeing 737 airplanes account for about 
23 percent of the U.S. air carrier fleet, the NTSB recommends that FDR 
enhancement be accomplished sooner for these airplanes. The NTSB 
recommended that the FAA require all Boeing 737 airplanes operated 
under 14 CFR Parts 121 and 125 be equipped by December 31, 1995, with 
FDR's that record the parameters required by current regulations plus 
lateral acceleration, flight control inputs for pitch, roll, and yaw, 
and primary flight control surface positions for pitch, roll, and yaw.
    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 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 Recommendation

    The FAA responded to the above NTSB recommendations in a letter 
dated May 16, 1995, which is summarized below.
    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. The 
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 37148]]

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 are being 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.
    On March 14, 1995, the FAA published in the Federal Register a 
notice of a public hearing, and solicited public comment pursuant to 
the NTSB recommendations. On April 20, 1995, the public hearing was 
held in Washington, DC. Eight speakers from the aviation community gave 
presentations. Copies of the presentations have been placed in the 
docket for this rulemaking.
    After reviewing the comments submitted 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 ARAC DFDR working group first met in June 1995 in Washington, 
DC. Work continued on a draft proposed rulemaking until November, with 
members communicating by electronic mail, fax, telephone conference 
calls, and in person at subsequent working group meetings.
    Several elements of the proposed rule were discussed many times, 
including the characteristics that would define various classes of 
aircraft (e.g., date of certification, date of manufacture, current FDR 
equipment installations and configurations, equipment availability), 
the inclusion of certain airplane types in the applicability of a new 
rule, the compliance times attached to each category of airplane 
described.
    Despite numerous meetings and proposals, no consensus was reached 
as to the requirements that would be acceptable to the FAA, NTSB, 
airplane operators and airplane manufacturers. On November 15, 1995, 
the working group presented to the ARAC Executive Committee a summary 
of the work undertaken by the working group. The presentation 
highlighted the areas where consensus had not been reached, including 
some of the actual parameters that would be included in the final list 
of requirements and the differences between the proposed list and those 
required under the European Joint Aviation Requirements for Operations 
(JAR-Ops), whether airplanes with 10-19 passenger seats should be 
covered since they were not specifically mentioned in the NTSB 
recommendation, whether expected but not currently existing technology 
could be mandated in future requirements for new airplanes, and several 
issues concerning the cost figures used in the draft regulatory 
evaluation. The ARAC Executive Committee decided that each committee 
member would review the two versions of the proposed rulemaking 
document that were presented and make individual comments to be 
submitted to the FAA by December 1.
    Comments from several ARAC Executive Committee members were 
forwarded to the FAA on December 4. The ARAC Executive Committee made 
no formal recommendation to the FAA concerning the proposed rule 
documents reviewed and discussed at the November 15 meeting. Of the 
comments received on December 4, the general comments are addressed 
here; specific comments as to the inclusion or exclusion of certain 
provisions from the proposed rule are included in the explanation of 
the proposed rule provisions below.

General Comments From the ARAC Executive Committee Members

    Several members stated that the decision to propose to require up 
to 88 parameters for airplanes manufactured five years after the final 
rule is effective will create a disharmony with the European JAR-Ops 
and will create a disparity in the configuration of U.S. and European 
airplanes, limiting their exchange.
    The FAA acknowledges that the proposed requirement to record 88 
paramenters exceeds the 57 parameters being required by JAR-Ops, but no 
disharmony is created. The first 57 parameters (and their values in 
proposed Appendix M to part 121) were arranged so as to be the same as 
those rquired by JAR-Ops, at the suggestion and request of the working 
group members, including two U.S. manufacturers, they are considered 
harmonized. The fact that the U.S. requirement would exceed the 
European requirement is not disharmony, since there is no further JAR 
requirement with which the proposed rule could disagree. The 88 
paramenters came from the NTSB recommendation already discussed, which 
served as a basis for implementing a rule change. The FAA never 
represented that the proposed rule would be limited to JAR-Ops, since 
the agency understood that this would not satisfy the NTSB 
recommendation. In fact, the original NSTB recommendation included more 
than 88 parameters. The number was reduced slightly through certain 
parameter combinations and their rearrangement to coincide with JAR-
Ops.
    The NTSB has also indicated to the FAA that at least some of the 
European manufacturers are already equipping their airplanes to record 
88 or more parameters and that it does not anticipate a problem with 
the proposed requirement. Further, the NTSB is proposing through ICAO 
that the 88 parameters become the international standard; it is using 
the list and Appendix values developed for this proposed rule as its 
proposal to ICAO.
    Some members commented that it is difficult to visualize the 
proposed DFDR upgrade scheme by reading the rule language alone, and 
proposed that a flow chart be included to assist with a rule overview. 
The FAA agrees and is including a chart in the form of a matrix, but 
cautions that the chart is a summary and should not be regarded as a 
substitute for the actual rule language. The chart can be found in this

[[Page 37149]]

document, immediately following the general discussion of the proposed 
rule.
    At least one member recommends that a phased compliance schedule be 
adopted for upgraded DFDR installation, rather than the proposed 4-year 
compliance time to provide more flexibility to operators.
    The FAA does not understand why a mandatory schedule of compliance 
(with a suggested 35% of an operator's fleet requiring the upgrade 
within 2 years) is considered more flexible than a simple final 
compliance date in four years--an operator may comply as early as it 
likes within the proposed 4 years. The FAA's experience with compliance 
schedules has not always been positive, and several other operator 
compliance schedules already exist for other requirements. Adding yet 
another schedule for DFDR equipment modifications could lead to several 
schedule conflicts and result in numerous requests for exemptions and 
extensions compromising the intent of each rule involved. Accordingly, 
the FAA does not consider an additional compliance schedule to be 
advisable.
    Another comment suggesting that a 6-year compliance schedule be 
considered rather than 4 years is not addressed in this document 
because it was never proposed at the working group level, nor has any 
data been submitted as to the comparative costs of compliance. The FAA 
notes that longer compliance schedules almost always result in reduced 
costs. However, the proposed rule already exceeds the NTSB time 
recommendation for implementation of the upgrades, and the safety 
considerations of upgraded DFDR equipment are too serious to consider 
lengthening the proposed 4-year compliance time. The proposed 
compliance is the product of significant working group discussion and 
elimination of a 2-year alternative that was predicted to be nearly 
impossible because of equipment approval, availability and airplane 
down time. Without similar cost data from the commenter, a 6-year 
compliance time cannot be evaluated properly.
    The comments concerning the proposed compliance time imply some 
disagreement with the provision that upgrades must be installed 
beginning at the next heavy maintenance check that occurs two years 
after the effective date of the final rule (but in any case within four 
years). That provision was added to prevent operators from waiting 
until the last minute to install upgrades, causing a logjam in 
scheduling and equipment availability; a similar provision was shown to 
have worked well when the last amendment to the DFDR rules was done in 
1994. Further, at the working group meetings, this provision was not 
only acknowledged as necessary, the language was discussed and changed 
several times at the request of the member operators. Accordingly, the 
language that defines a heavy maintenance check as 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 is included in the 
proposed rule as a result of working group discussions and general 
agreement. No proposed phased compliance schedule or problem with the 
included provision was raised at the working group meetings.
    Similarly, operators of small airplanes comment that the same heavy 
maintenance check provision is inappropriate for their operations. The 
FAA has changed the proposed rule to include the words ``or 
equivalent'' in the provision that relates to smaller airplanes, and 
specifically requests that if operators of these airplanes have a more 
appropriate way of describing their maintenance practices so as to 
achieve a similar result, they should submit that language as a comment 
to the proposed rule. This issue was not raised at the working group 
level during drafting of the proposed rule.
    Several commenters stated that they felt that the proposed 
requirement to record lateral acceleration is unnecessary if both 
rudder pedal and rudder position are also recorded. The NTSB disagrees 
that lateral acceleration is redundant since it may show the effect of 
outside forces on an airplane that are separate from the effect of 
rudder movement. The NTSB cautions that the concern over lateral 
acceleration and rudder pedal and position is not limited to the 
accidents and incidents reported on the Boeing 737; the proposed 
requirement to record those parameters takes into account all airplane 
types and the critical nature of the information that such recordation 
may uncover. The NTSB also notes that the upgrade from dual to triaxial 
accelerometers may not necessarily be costly, as one commenter states, 
since at least one manufacturer has a ``trade-in'' program for that 
equipment. Manufacturers of this equipment are urged to supply the FAA 
with further data concerning the cost and availability of this 
equipment.
    Commenters also expressed some confusion over the effect of the 
proposed rule on airplanes currently covered by exemption No. 5593, 
Stage 2 airplanes that are scheduled to be retired and are allowed to 
operate with 6-parameter recorders through 1998. The terms of the 
exemption were clear when granted--it was only to be used for airplanes 
that were scheduled to be retired by the end of 1998; it was not an 
exemption that could be used to delay the upgrade to an 11-parameter 
recorder that was due in 1995. Accordingly, since any airplane covered 
by the exemption should be retired before the proposed compliance date, 
this proposed rule should have no effect on the exempted airplanes.
    As the FAA has stated previously, any airplane covered by the 
exemption that is not retired but is instead retrofitted to meet the 
Stage 3 noise requirements must also upgrade to an 11-parameter 
recorder before it is allowed to operate. If a decision to noise 
retrofit causes an airplane to have to undergo two DFDR retrofits--to 
an 11-parameter recorder to operate past 1998 and then to the 
requirement of this proposed rule--it is a decision of an individual 
operator, and will only result from a failure to effectively plan its 
fleet composition or by an abuse of the previous DFDR upgrade 
requirement and exemption No. 5593. The FAA does not intend to lengthen 
the term of the exemption for any operator.
    Finally, more than one commenter objected to the change that would 
require the recordation of both pilot inputs and actual control surface 
positions. The current requirements call for one or the other to be 
recorded. Discussion of this issue consumed an appreciable amount of 
time in the working group, and covered the perceived need for the data 
and the cost and capability of recording both parameters (input and 
output). Although consensus was not reached, the FAA is including this 
provision in the proposed rule because the NTSB considers it among the 
most critical of the recommended parameters. As stated previously, NTSB 
investigations have shown that in some failure modes, flight control 
surfaces can move independent of cockpit flight controls. Under some 
conditions, additional information is necessary to determine whether 
flight deck controls caused the control surfaces to move, or if the 
movement of the control surface caused the cockpit controls to move. 
The FAA accepts the NTSB recommendation since the current practice of 
allowing one input to be recorded to demonstrate the movement of both 
the control surfaces and cockpit controls has been shown to be 
insufficient.

General Discussion of the Proposal

    The FAA stresses that the ARAC working group provided valuable 
input to the proposed rule, and that many

[[Page 37150]]

issues were brought forth and the position of the members explained, 
even if consensus could not be reached on each issue. For example, 
there was basic agreement among the working group members as to the 
framework of the proposed rule, including the categories of airplanes 
to be upgraded in various phases. As described below, consensus could 
not be reached on the description of future-manufactured airplanes or 
the number of parameters that they would be required to record. 
Similarly, because of the considerable amount of time required to 
complete the economic analysis, the efforts of the working group were 
often well ahead of supporting economic data analysis, which included 
data that were supplied by the working group member organizations.
    As noted previously, the ARAC did not formally recommend either 
version of the draft proposed rules it received from the working group. 
Accordingly, the FAA is promulgating this NPRM based on the 
recommendations of the NTSB and the results of the significant working 
group efforts that it can support.
    If adopted, this proposed rule would amend the DFDR rules, and 
associated appendices, as they apply to airplanes operating under parts 
121, 125, 129, and 135. The current regulations, depending on the age 
of the airplanes, require as a minimum that either 11 or 17 parameters 
be recorded in every airplane; in some cases, more parameters must be 
recorded. Proposed requirements for part 125 closely parallel part 121 
requirements, except for minor differences in the age and configuration 
of affected airplanes. Part 129 does not currently have a DFDR 
requirement; however, the FAA is now proposing a DFDR requirement in 
part 129 for U.S.-registered airplanes. Proposed requirements for part 
135 would apply only to newly manufactured airplanes that will be used 
in schedules service; there are not retrofit requirements proposed for 
on-demand, nonschedules airplanes.
    The FAA recognizes that the program envisioned by the proposed rule 
would require a substantial financial undertaking by the airline 
industry. Accordingly, commenters are expressly invited to recommend 
alternative approaches that could reduce the cost burden. For example, 
are there certain airplanes or certain models of airplanes not 
discussed in this document that should be excluded from this proposed 
rule, and if so, what is the rationale for excluding these airplanes? 
Recognizing that a change in the proposed number of required parameters 
or the elimination of certain proposed parameters could significantly 
alter the costs involved, are there other, less costly means to obtain 
the information needed for accident and incident investigations? The 
FAA recognizes that cost could be reduced by further extending the 
compliance schedule; at the same time, NTSB needs critical information 
in a timely manner to complete its investigations effectively. If the 
compliance schedule is extended further, are there incentives that 
would encourage operators to comply earlier?
    Commenters advocating a different regulatory approach are strongly 
encouraged to set forth specific recommendations and explain both the 
costs and benefits involved in the changes recommended. The FAA will 
weigh any recommendations with particular care, and it can do so only 
if meaningful cost and safety data are provided.

Part 121

    The FAA proposes to amend Sec. 121.344 and add a new Sec. 121.344a. 
Current Sec. 121.343 is not being revised because it is necessary to 
retain the current regulations for airplanes that are excluded from 
compliance with these proposed amendments. Airplanes specifically 
excluded from the proposed FDR upgrade include State 2 airplanes that 
are subject to the phased compliance rules of Sec. 91.801(c). Following 
considerable analysis, the FAA has determined that, if they remain 
Stage 2, these airplanes do not have enough remaining useful life to 
justify the cost of FDR retrofit proposed by this document. The FAA has 
also proposed that certain other aircraft types that are no longer in 
production and are in limited use in air carrier operations be excluded 
because the cost associated with retrofitting these airplanes with new 
DFDR's would cause undue economic burden and would yield little safety 
return.
    The proposed amendments to Sec. 121.344 would require that all 
turbine-engine powered transport category airplanes--including 
airplanes having a seating capacity of 20-30 that were formerly 
operated under part 135--record at least 18 specified parameters, 
except for airplanes with more than two engines. In some cases, 
compliance would require a retrofit of a flight data recorder and/or 
the addition of sensors and wiring capable of recording the specified 
parameters, or a reprogramming of the current recorder to accommodate 
the specified parameters. Requirements for DFDR's on newer airplanes 
and newly manufactured airplanes are also being revised to require the 
recordation of additional parameters.
    On December 20, 1995, the FAA published a final rule ``Commuter 
Operations and General Certification and Operations Requirements'' (60 
FR 65832, FAA Docket No. 28154), which requires airplanes having a 
passenger seating configuration, excluding any required crewmember 
seat, of 10 to 19 seats to be operated under part 121. That rule did 
not address FDR's because this rulemaking project was in process. 
Proposed new Sec. 121.344a would apply to those airplanes formerly 
operated under part 135.
    Proposed Sec. 121.344 would require Boeing 737 airplanes to be 
equipped with the expanded flight data recorder systems recommended by 
the NTSB as part of the retrofit of the overall active fleet. The FAA 
determined that compliance with the NTSB recommendation to retrofit 
these airplanes by December 31, 1995, 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 
depending on what is adopted as a result of NTSB Safety Recommendation 
A-95-26 and-27, discussed earlier in this document.
    Accordingly, this proposed rule reflects the FAA's adoption of the 
ARAC working group suggestion that NTSB recommendations A-95-25 and A-
95-26 be consolidated for rulemaking purposes.

Requirements for Transport Category Airplanes

    Proposed Sec. 121.344(a): This paragraph lists the operating 
parameters that would be required to be recorded by DFDR's required by 
this section. The list is consistent with both European standards and 
the parameters recommended by the NTSB in its ``Proposed FDR 
enhancements for newly manufactured airplanes.'' The ARAC working group 
used the European standards and the NTSB proposal as a basis for this 
list of parameters and made minor revisions to it that would apply to 
both new and in-service airplanes.
    The parameters listed in this paragraph are presented in order of 
their priority. Where the rule requires the recording of additional 
parameters based on the capability of installed equipment, the 
additional parameters should be selected in the order given in this 
paragraph. In some instances, individual parameters need only be

[[Page 37151]]

recorded if the equipment needed is already installed in the airplane. 
For example, angle of attack, Sec. 121.344(a)(32) need only be recorded 
if the sensor for that parameter is already installed. These parameters 
are designated ``when an information source is installed.'' In any 
instance, if a sensor is installed, the data must be made available to 
the FDR, unless it would compromise a critical function. Individual 
members of the ARAC working group suggested that something other than a 
``critical function'' be used as a basis. After further consideration, 
the FAA has determined that the term critical function is well 
understood by aircraft manufacturers in terms of FDR functions, and no 
new terms will be introduced.
    The introductory text to paragraph (a) also explains that when the 
phrase ``when an information source is installed'' is used, it 
indicates that no change in equipment was intended in requiring this 
parameter to be recorded. Although the parameters are listed in 
priority order in this paragraph, the ARAC considered that some of the 
parameters that carry the designated text should be required only when 
the recording system on the airplane is sufficient to record these 
parameters. Where recording one of the parameters that includes the 
noted phrase would require new equipment such as a DFDAU or recorder, 
that parameter is not required to be recorded.

Airplanes Manufactured on or Before October 11, 1991

    Proposed Sec. 121.344(b): Except for certain older airplanes 
(identified below), this paragraph establishes a final compliance date 
of [insert date 4 years from the effective date of the final rule], for 
all turbine-engine powered transport category airplanes manufactured on 
or before October 11, 1991. By that date, all affected airplanes must 
be equipped with a DFDR that is capable of recording the first 17 (or 
18) parameters listed in Sec. 121.344(a).
    Proposed Sec. 121.344(b)(1) would apply to airplanes that were not 
equipped with a flight data acquisition unit on [insert date of 
publication of NPRM], and currently record 11 parameters of flight 
data. The recordation of lateral acceleration, paragraph (a)(18), would 
be required for certain airplanes with more than two engines only if 
the capacity to record this parameter is available on the FDR. 
Information obtained during the rulemaking process indicated that for 
airplanes that were manufactured on or before October 11, 1991 that 
have more than two engines, the recording of lateral acceleration could 
exceed the capacity of installed recorders and would require an 
expensive equipment retrofit for the sake of one parameter.
    These non-FDAU airplanes would be required to record these 
parameters within the ranges, accuracies, and intervals specified in 
current Appendix B to part 121. Although this rule would create a new 
Appendix M, these older airplanes would continue to use the values in 
Appendix B that are currently in effect in order to stay within the 
capacity of installed recorders and other data acquisition equipment.
    Proposed Sec. 121.344(b)(2) would apply to airplanes that were 
equipped with a FDAU on [insert date of publication of NPRM] and 
currently are required under Sec. 121.343 to record 17 parameters of 
flight data. These airplanes would be required to record the parameters 
listed in paragraphs (a)(1) through (a)(22) by [insert date 4 years 
from publication of the NPRM]. This installation would be required at 
the next heavy maintenance check that occurs after 2 years from the 
effective date of the final rule, but no later than [insert date 4 
years after date of final rule]. Airplanes with FDAU's would be 
required to record the parameters within the ranges, accuracies, 
resolutions and recording intervals specified in proposed Appendix M to 
part 121. Proposed new Appendix M provides the ranges, accuracies, 
resolutions, and recording intervals for all parameters listed in 
paragraphs (a)(1) through (a)(88). In some instances, the values for 
certain parameters have been increased over those in current Appendix 
B.
    For all airplanes covered by proposed Sec. 121.344(b), the 
parameters listed in paragraphs (a)(12) through (a)(17) may be recorded 
from a single source.
    Proposed Sec. 121.344(c)(1) would require that as of [insert date 4 
years after effective date of final rule], all turbine-engine powered 
transport category airplanes that were manufactured on or before 
October 11, 1991, and that were equipped with a digital data bus and an 
ARINC 717 digital flight data acquisition unit (DFDAU) or its 
equivalent on [insert publication date of NPRM], record the parameters 
listed in paragraphs (a)(1) through (a)(22). Paragraph (c)(1) would 
also require that the parameters be recorded in accordance with the 
specifications in proposed Appendix M. This paragraph would also permit 
the parameters described in paragraphs (a)(12) through (a)(14) to be 
recorded from a single source.
    Proposed Sec. 121.344(c)(2) introduces the term ``recording 
system'' which includes the DFDAU or equivalent and the DFDR. This 
paragraph would require that, based on the capacity of the recording 
system, all additional parameters (beyond those required by (c)(1)) for 
which there is capacity on the recorder system must be recorded in the 
order given in paragraph (a) and in accordance with the values listed 
in Appendix M.
    The term ``recording system'' was adopted to identify the 
components in question so as not to require upgraded equipment on 
airplanes retrofitted to meet the proposed requirements. Thus, 
additional parameters need only be recorded when such parameters are 
within the capacity of the flight data recordation system installed on 
any airplane. That term is used again later in the regulation.
    Proposed Sec. 121.344(c)(3) would require airplanes that were 
subject to Sec. 121.343(e) to continue to meet the requirements of that 
section until compliance with paragraph (c)(1) is accomplished.
    Paragraph (c) brings forward and upgrades the requirements of 
current Sec. 121.343(e). That section was originally adopted to require 
airplanes that were capable of recording more than the minimum required 
parameters to do so. At the time it was adopted, Sec. 121.343(e) 
referenced the ARINC 717 DFDAU because it was the ``state of the art,'' 
and the capability of recording additional parameters existed. The 
adoption of Sec. 121.343(e) reflected the FAA's growing awareness that 
the information gained by recording additional FDR parameters was 
important. Accordingly, Sec. 121.344(c) of the proposed rule requires 
that airplanes subject to that section continue to record those 
parameters that they are capable of recording, whether they are 
equipped with an ARINC 717 or an equivalent DFDAU. When these airplanes 
comply with proposed paragraph (c)(1), they would be recording the 
parameters listed in (a)(1) through (a)(22), plus all additional 
parameters they are capable of recording, and all of these must be 
recorded in accordance with proposed new Appendix M. These provisions 
are proposed to prevent a possible decrease in the number of parameters 
already being recorded before the compliance date of the proposed 
regulation.

Airplanes Manufactured After October 11, 1991

    A significant portion of the work of the ARAC working group was 
focused on the requirements for airplanes not yet built. Airplanes for 
which no type certificate yet exists were seen as less of a problem. To 
that end, discussions focused on the ability of manufacturers

[[Page 37152]]

to re-engineer airplanes that are already type certificated, and the 
time needed to accomplish that engineering, get FAA approval of the 
change in type design, and incorporate it into airplanes on the 
production line. Significant discussion also occurred on the best way 
to describe the airplanes that were to be covered by future 
requirements. For example, a newer ``model'' of an airplane recently 
type certificated might already be in the works, with a significant 
investment in the engineering. Further, there is no standard industry 
terminology for what the ``next version'' of an already certificated 
airplane might be called. Finally, the number of parameters to be 
recorded by these future airplanes was also part of the discussion, and 
included consideration of flight data recorder requirements that will 
be included in the operating rules of the Joint Aviation Authorities of 
Europe (JAR-Ops).
    The proposed regulation places airplanes manufactured after October 
11, 1991, into three groups, with DFDR requirements increasing as age 
decreases. These airplane groups and the requirements that apply to 
each were the subject of considerable discussion within the ARAC 
working group.
    Because there was little agreement on the terminology to be used or 
the time necessary to incorporate upgrades into future aircraft models 
at the least cost, the requirements that would apply to future 
production airplanes remained one of the most contentious issues in the 
working group.
    The FAA began discussions with the recommendations of the NTSB that 
would require an upgrade to 88 parameters of recorded data for all 
airplanes manufactured after 1998, regardless of the date of type 
certification of models then in production. Representatives of airplane 
manufacturers on the working group indicated that this was unrealistic 
given the time needed to re-engineer airplanes in production, get FAA 
approval of the design changes, and incorporate the modifications into 
airplanes on the assembly line that had been on order, in some 
instances, years before the requirements were written. The ARAC 
industry members thus suggested an alternative requirement that would 
apply to airplanes that receive a new or amended type certificate 
beginning one year after the final rule becomes effective. This 
alternative would mean that airplanes produced under a type certificate 
that existed before that date might never be required to upgrade to 88 
parameters, even if manufactured 10 years after the rule went into 
effect, if the type design were not amended. The NTSB considers this 
unacceptable, and describes it as a parallel to the current 
circumstances where technological development and capability have far 
outpaced current regulations. Further, the NTSF notes that a letter 
requirement will in the future place the FAA and the industry in the 
same circumstances that exist today in attempting to catch up with 
available technology.
    There was also considerable debate within the working group over 
the recording equipment that might be necessary to record the 88 
parameters of information proposed. Little hard data was available 
concerning whether the current 128-word recorders would be able to 
handle the 88-parameter requirement. Several members indicated that a 
256-word recorder would likely be needed, and that since no such 
recorder was currently available or approved for use, no regulation 
that would require its use could be promulgated. Similarly, data were 
available to indicate that while there was no 256-word recorder 
currently available, the reason was that there was no current market 
for it. Informal inquiries by the NTSB to equipment manufacturers 
indicated that a 256-word recorder is well within the bounds of 
currently available technology, and may well already exist.
    Taking into account the NTSB concern that all new airplanes be able 
to record the maximum number of parameters, balanced against the 
knowledge that airplanes in production cannot be re-engineered without 
sufficient lead time, the FAA has determined that FDR requirements for 
future airplane production will be based on the date of manufacture, 
but that the dates suggested by the NTSB cannot realistically be met 
without incurring overwhelming costs and unacceptable delays in 
production. Accordingly, the proposed rule would place the following 
requirements on newly manufactured airplanes.
    The first group of airplanes, addressed in proposed 
Sec. 121.344(d)(1), are those manufactured after October 11, 1991, but 
on or before [insert date three years from effective date, i.e. 2000] 
to record the parameters listed in paragraphs (a)(1) through (a)(34), 
and do so in accordance with Appendix M. Similar to the requirements 
for older airplanes, the parameters listed in paragraphs (a)(12) 
through (a)(14) could be recorded from a single source. Proposed 
Sec. 121.344(d)(2) carries forward the requirements that all additional 
parameters that are within the capacity of the recording system must 
also be installed to take advantage of the latest advancements in 
technology and the capabilities of individual airplanes. Because this 
requirement will apply to airplanes recently produced, it is a retrofit 
requirement, but the effect of the retrofit is softened by limiting the 
requirement to the first 34 parameters.
    The second group of airplanes, addressed in proposed 
Sec. 121.344(e)(1), are those that will be manufactured after [insert 
date three years from effective date, i.e. 1999], but on or before 
[insert date five years from effective date, or 2001]. These airplanes 
would be required to record the parameters listed in paragraphs (a)(1) 
through (a)(57), and to do so in accordance with Appendix M. Proposed 
Sec. 121.344(e)(2) carries forward the requirements that all additional 
parameters that are within the capacity of the recording system must 
also be installed to take advantage of the latest advancements in 
technology and the capabilities of individual airplanes.
    This group of airplanes is considered to include the already 
engineered versions of currently certificated airplanes, and any 
airplane getting a new type certificate during this time period. The 
three year time period was considered by several members of the working 
group as sufficient lead time to incorporate the upgrades required. The 
number of parameters was chosen based on the recommendations of the 
NTSB and the 57 parameters that will be required to be recorded under 
JAR-Ops, which will become effective in 1998.
    The third group of airplanes, addressed in proposed 
Sec. 121.344(f), are those that would be manufactured after [insert 
date five years from effective date]. These airplanes would be required 
to record the parameters listed in paragraphs (a)(1) through (a)(88), 
and to do so in accordance with Appendix M.
    As indicated in the previous discussion, this requirement would 
apply to all airplanes manufactured five years after the effective date 
of the rule. The FAA agrees with the NTSB that it is not acceptable to 
adopt a requirement that could allow airplanes with 57 parameters to be 
produced indefinitely. The concept of ``manufactured after'' was 
established in the FDR requirements of Sec. 121.343 and is being used 
in other sections of this proposed rule. The ``manufactured after'' 
standard is viewed as being the most straightforward for the agency to 
administer and for the industry to comply with. Further, during the 
meetings of the ARAC working group, a lead time of five years was 
consistently mentioned as the working standard for new airplane design.

[[Page 37153]]

    The FAA did raise another alternative that would require all 88 
parameters to be recorded on any airplane for which a new, amended, or 
supplemental type certificate is applied for one year after the 
effective date of the final rule. That proposal would have included, by 
necessity, significant deviation authority for any changes to airplanes 
that did not affect the operational or performance characteristics of 
airplanes, or that did not provide sufficient opportunity to accomplish 
the necessary modifications. That proposal was made after considerable 
discussion regarding the lack of consistent terminology regarding new 
airplane models. In designing the proposal, the FAA looked to its 
experience in similar equipment upgrade requirements and concluded that 
it would be necessary for the agency to retain exclusive discretion as 
to what constituted enough of a change to an airplane design (by 
amended or supplemental type certificate) to cause the FDR upgrade 
requirements to apply, or for a deviation to be granted.
    The FAA determined that, while that proposal had a sound regulatory 
foundation and would be triggered by well-established events that would 
not be the source of semantic debate, it would be unwieldy in practice 
and would lead to considerable extra work and expenditures for the 
agency and every future applicant for an amended or supplemental type 
certificate.
    The proposed requirement to record 88 parameters may require the 
installation of the 256-word recorder described previously. The FAA is 
unable to accept the argument that simply because a 256-word recorder 
is not currently marketed or approved for installation in aircraft, it 
would not be available by the time the proposed requirement would take 
effect, five years after the effective date of a final rule. The FAA 
has experience in proposing requirements for new technology. For 
example, the technology for TCAS systems existed at the time the FAA 
promulgated a requirement for the equipment, but it was not 
commercially available in the format into which it eventually evolved. 
In a similar sense, air carriers strongly urged the FAA to authorize 
the use of predictive windshear technology in lieu of current reactive 
technology despite the fact that the technology was only expected to be 
available at some unspecified future date.
    In this case, information available to the FAA and the NTSB 
suggests that the 256-word recorder that may be needed to record 88 
parameters is close to being a reality, since the technology already 
exists. The FAA and NTSB expect the 256-word recorder to be 
commercially available as soon as some commercial demand exists. 
Neither the FAA nor NTSB can accept the argument of current 
unavailability as a basis for not imposing a more stringent requirement 
on future-production airplanes, and the FAA has received no evidence 
indicating that this position is not realistic. The FAA specifically 
requests comment on this issue concerning the probable availability of 
such equipment.
    Except for paragraphs (j) and (l), the balance of proposed 
Sec. 121.344 carries forward the rest of the requirements of 
Sec. 121.343.
    Proposed Sec. 121.344(g) would duplicate current Sec. 121.343(g), 
which requires an FDR's continuous operation from the time of an 
airplane's takeoff roll to its landing roll, except for a minor, 
nonsubstantive editorial change.
    Proposed Sec. 121.344(h) would duplicate Sec. 121.343(h), which 
addresses the number of hours of recorded data that needs to be kept, 
and erasures of that data, except for minor, nonsubstantive editorial 
changes.
    Proposed Sec. 121.344(i) would duplicate current Sec. 121.343(i), 
which addresses requirements pursuant to flight data in the event of an 
accident or occurrence that requires immediate notification of the 
NTSB, except for minor, nonsubstantive editorial changes.
    Proposed Sec. 121.344(j) addresses the equipment installation and 
correlation requirements of 14 CFR part 25 for transport category 
airplanes. This paragraph was rewritten to reflect current technology 
and the need for correlation data retention. No significant change in 
the duty of air carriers to retain this data is intended by this update 
of this regulation.
    Proposed Sec. 121.344(k) would duplicate current Sec. 121.343(k), 
which requires an approved device to locate a flight data recorder 
under water, except for minor, nonsubstantive editorial changes.
    Proposed Sec. 121.344(l) would identify those airplanes to which 
these proposals would not apply.
    Paragraph (l)(1) addresses Stage 2 airplanes that are scheduled to 
be retired under the noise transition regulations of Part 91. These 
airplanes would not have to be retrofitted with upgraded DFDR's prior 
to December 31, 1999. However, no Stage 2 airplane would be allowed to 
be operated after December 31, 1999, unless it meets the upgraded FDR 
requirements. Although the noise transition regulations allow for the 
possibility that some Stage 2 airplanes would be allowed to operate 
under certain limited waivers, the intent behind the noise operating 
rules differs significantly from the intent behind the FDR 
requirements. Accordingly, the FAA is not willing to allow the 
continued operation of these airplanes with 11-parameter recorders 
beyond the final noise compliance date regardless of an airplane's 
noise operating status, and the agency will not put itself in a 
position of having to forgo the safety considerations behind FDR 
upgrades as an economic matter if a change in circumstances causes a 
change in the noise operating rules whether by waiver or a change in 
the regulations. Noise waivers are not a certainty, and operators have 
been warned not to presume that they will be granted as a matter of 
course and to plan for full compliance. No such waiver is included in 
these proposed FDR requirements; the FAA views the grant of any such 
FDR waiver as encouraging operators to gamble on the availability of 
noise waivers as an excuse not to install upgraded flight data 
recorders, undermining the intent of both the noise transition and FDR 
upgrade rules.
    Paragraph (l)(2) lists those airplanes that are out of production. 
After considering analysis of data presented by aircraft operators and 
manufacturers, the ARAC working group determined that the remaining 
economic life of these airplanes is insufficient to justify the cost 
associated with extensive DFDR retrofit. Further, the number of these 
airplanes in operation is sufficiently small and is declining, such 
that any safety return from expanded FDR's would be minimal. The FAA 
agrees in the selection of the aircraft types listed. The FAA also 
specifically requests that commenters submit other aircraft types, if 
any, that should be included in this list. Submissions for inclusion 
should include a detailed explanation of the reasons why these aircraft 
should be included on the list, and the number of aircraft that would 
be affected.

Specific Comments Concerning Proposed Sec. 121.344

    A significant comment was submitted through the ARAC Executive 
Committee from Trans World Airlines (TWA), which did not have a 
separate representative on the working group. In general, TWA expressed 
difficulty with the proposed requirements for certain of its older 
airplanes, the Lockheed L-1011 and the Boeing 747-100. TWA indicates 
that, to meet the requirements of the proposed rule, it would have to 
replace recording equipment in more than a third of its airplanes, and 
one of the premises of the working group was that significant equipment 
replacement would not be required for older

[[Page 37154]]

airplanes. To that end, TWA recommended several specific changes to the 
proposed rule language and Appendix values that would allow its Loral 
F800 flight data recorders to continue to be used.
    The existence of older recording systems, including the Loral F800, 
was the subject of considerable discussion at the working group 
meetings. In an attempt to accommodate some of this older equipment, 
for example, Sec. 121.344(b)(1)(i) was added to not require the 
recordation of lateral acceleration on airplanes with more than two 
engines unless recording that parameter could be accommodated on 
installed equipment. That provision was added to accommodate the Loral 
F800 recorder installed on the L-1011. The FAA is concerned that 
broader changes to the proposed rule--including revisions to the values 
in current Appendix B and a new category of aircraft that would change 
the established manufacturing-date groups--would weaken the intent of 
the rule by allowing loopholes and exceptions that would be almost 
impossible to track, and would result in an unmanageable number of 
different recording capabilities within the part 121 fleet. The FAA 
will not promulgate rules to accommodate one or two older pieces of 
equipment, especially when the intent of the rule is to upgrade 
equipment in airplanes that remain viable portions of the fleet.
    However, the FAA is willing to make what accommodations are within 
the spirit of the rulemaking, as in the example cited above, where such 
accommodation does not change the effect of the rule in general on the 
rest of the fleet. Accordingly, while the agency will not consider 
changes to existing rules that are a step back from current 
requirements, TWA, and other operators that may find themselves in 
unique circumstances because of equipment configurations, are urged to 
comment specifically on provisions that they feel they will not be able 
to meet without undue burden, and to suggest limited provisions such as 
the one cited that may alleviate some of that burden.
    A U.S. aircraft manufacturer commented through the ARAC Executive 
Committee that to record parameters (a)(58) through (a)(88) would 
``require the installation of sensors [that have] a poor reliability 
history.'' The NTSB agrees that there is a question as to the 
reliability of control force sensors over the full range of forces, but 
it is this very unreliability of the current generation of sensors for 
control forces that has caused the NTSB to recomment that 88 parameters 
be recorded. The FAA requests comment from manufacturers and operators 
as to the current reliability rates for control force sensors, and what 
plans may exist for increasing their reliability before they would be 
required in five years.

Airplanes With 10-19 Passenger Seats

    The February 1995 recommendations of the NTSB did not specifically 
address airplanes that carry 10-19 passengers. However, the adoption of 
new operating rules for certain airplanes formerly operated under part 
135 has led to a need for the FAA to address FDR requirements for these 
airplanes. Since these airplanes will, in scheduled service, be 
operated under part 121, the FAA has determined that the FDR 
requirements that would apply to these airplanes are best provided in a 
separate section. Accordingly, the FAA is proposing the adoption of a 
new Sec. 121.344a, to separate these requirements from those applicable 
to transport category airplanes and prevent confusion as to 
applicability and compliance times.
    Proposed Sec. 121.344a(a) would require all 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 October 11, 1991, to be equipped with a DFDR that 
is capable of recording, at a minimum, the parameters required in 
Sec. 135.152. This provision would carry over the current requirements 
of part 135 until the upgraded standard in the proposed rule is met.
    By [4 years from the effective date of the final rule], those 
airplanes would be required to be equipped with a DFDR that is capable 
of recording the parameters listed in Sec. 121.344 (a)(1) through 
(a)(11). In addition, these airplanes must record either three 
additional parameters of control input or control surface position. If 
capable of being recorded, these airplanes must also record the 
parameters described in Sec. 121.344 (a)(19) through (a)(22).
    As stated in the proposed rule language, parameter (a)(18) would 
not be required for airplanes with more than two engines, unless 
sufficient capacity is available on the existing recorder. Further, the 
parameters listed in paragraphs (a)(12) through (a)(17) would be 
permitted to be recorded from a single source. All of the parameters 
would be required to be recorded in accordance with the values listed 
in Appendix B to part 135, the standard in the current rule, unless the 
parameter to be recorded has no value indicated in that appendix. In 
that case, the values in Appendix B to part 121 would be used.
    Consistent with current regulation, airplanes with 10 to 19 
passenger seats that were brought onto the U.S. register on or before 
October 11, 1991, would not be required to comply with this regulation. 
The FAA has determined that the cost of retrofitting this fleet of 
airplanes would be substantial.
    However, the FAA is concerned that all airplanes used in air 
carrier operations be equipped with FDR equipment. Accordingly, the FAA 
has determined that the already established date for installation of 
FDR equipment--airplanes brought onto the U.S. register after October 
11, 1991--will remain the standard for FDR installation if these 
airplanes are operated under part 121.
    Further, the FAA emphasizes that, consistent with current 
regulation, airplanes that may have been on the register on or before 
October 11, 1991, but were removed from the U.S. register, and brought 
back onto the U.S. register after October 11, 1991, would be required 
under this proposed rule to have a DFDR capable of recording the 
required 18 to 22 parameters. There has been at least one previous 
policy determination made concerning airplanes that have been removed 
from the U.S. register after 1991 and then brought back; that policy 
stated that compliance with the FDR rules of part 135 is not necessary 
because the airplane was on the register before October 11, 1991. After 
further consideration, however, the FAA has determined that this policy 
is inconsistent with the language of the regulation itself and with the 
intent of the recently adopted rules bringing part 135 scheduled 
commuters under part 121. Airplanes that have been operated without 
FDR's based on this policy determination will have to be retrofitted 
with the FDR equipment required under Sec. 121.344a(a) by the 
compliance date proposed in that paragraph, as they would have if they 
remained under part 135.
    Although the basic requirements for 10-19 seat airplanes are not 
identical to those for transport category airplanes in Sec. 121.344, it 
was determined that some differences could exist without compromising 
safety. These airplanes currently are required to record 17 parameters 
of information under part 135.152; the 18 parameters to be recorded 
under the proposed rule differ slightly and will require that some 
FDR's be reprogrammed. The FAA found, however, that requiring an 
increase to the first 23 parameters would result in substantial costs. 
Since the NTSB recommendations do not

[[Page 37155]]

address these airplanes or any specific upgrade for their flight data 
recorders, a determination has been made that recordation of the first 
18 parameters--or 22 where capable--is sufficient for this class of 
airplanes.
    The ARAC Executive Committee submitted a comment from a member 
indicating that the applicability of proposed Sec. 121.344a(a) should 
be changed to airplanes that were manufactured after October 11, 1991, 
rather than airplanes brought onto the U.S. register after that date. 
The FAA disagrees. This distinction by date of registration was 
maintained as established in part 135, and the use of the registration 
date has resulted in a specific set of airplanes to which these rules 
apply. A change in the applicability of the regulation now could cause 
airplanes that were previously required to have DFDR's to no longer 
need them, with the consequences of recorders being removed from in-
service airplanes. A change in applicability under part 121 would also 
have the confusing effect of establishing different applicability 
provisions for the same airplanes, depending on the part under which 
they are operated. The FAA will not introduce such complication into 
the regulations nor promulgate a rule that would reduce the number of 
airplanes required to have DFDR's.
    Another comment stated that the FAA is proposing to cover 10-19 
seat airplanes operated under part 121 ``with no technical support * * 
* for their inclusion.'' The commenter suggests that the FAA ``abide by 
the NTSB recommendation and remove these'' airplanes from the proposed 
rule.
    As stated previously, the NTSB recommendation was considered the 
starting point for this rulemaking action. The NTSB recommendation did 
not include consideration of the FAA's proposal to bring smaller 
aircraft operated in scheduled service under part 135 into part 121, so 
no recommendation for DFDR requirements on those airplanes could have 
been included. However, as part of the FAA's goal of regulating all 
scheduled operators under a single part, it would be inconsistent not 
to propose that all airplanes operated in part 121 service be covered 
by the same or comparable requirements. It is up to the FAA to 
determine the proper scope and consistency of its regulations, and the 
agency cannot be constrained by a recommendation of the NTSB that did 
not consider other ongoing agency actions and initiatives. The NTSB did 
not state that these airplanes not be covered--it simply never 
addressed them. Further, it is not clear what the commenter means as to 
the existence of ``technical support'' for a proposal that is but one 
part of an overall agency safety initiative.
    Proposed Sec. 121.344a(b) would require recorders on all turbine-
engine powered airplanes having a passenger seating configuration, 
excluding any required crewmember seat, of 10 to 19 seats, that are 
manufactured after [insert date 3 yrs after effective date of final 
rule], to record the parameters listed in Sec. 121.344 (a)(1) through 
(a)(57), as well as all additional parameters that are within the 
capacity of the recording system within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix M to part 
121.
    Proposed Sec. 121.344a(c) would require recorders on all turbine-
engine powered airplanes having a passenger seating configuration, 
excluding any required crewmember seat, of 10 to 19 seats, that are 
manufactured after [insert date 5 yrs after effective date of final 
rule], to record the parameters listed in Sec. 121.344 (a)(1) through 
(a)(88), within the ranges, accuracies, resolutions, and recording 
intervals specified in Appendix M to part 121. This is the same 
requirement that would apply to transport category airplanes as 
proposed in Sec. 121.344, and the same reasons for its adoption 
applies.
    Proposed Sec. 121.344a(d) would bring forward the appropriate 
references in current Sec. 135.152(f), pursuant to airplanes only, 
which includes requirements for installation of flight recorders and 
correlation of flight data. Rotorcraft requirements would remain in 
Sec. 135.152(f); they are not being addressed in this rulemaking.
    Proposed Sec. 121.344a(e) would require all airplanes subject to 
this section to also comply with paragraphs (g)-(k) of Sec. 121.344.
    Proposed Sec. 121.344a(f) would identify those airplanes to which 
these proposals would not apply. Included are airplanes that are no 
longer in production. After considering analysis of data presented by 
aircraft operators and manufacturers, the ARAC working group determined 
that the remaining economic life of these airplanes is insufficient to 
justify the cost associated with extensive DFDR retrofit. Further, the 
number of these airplanes in operation is sufficiently small that any 
safety return from expanded FDR's would be minimal. The FAA agrees in 
the selection of the aircraft types listed. The FAA also specifically 
requests that commenters submit other aircraft types, if any, that 
should be included in this list. Submissions for inclusion should 
include a detailed explanation of the reasons why these aircraft should 
be included on the list, and the number of aircraft that would be 
affected.
New Appendix
    Proposed Appendix M: This new appendix would correspond directly to 
the parameter list set forth in Sec. 121.344(a), and would present the 
ranges, accuracies, resolutions, and recording intervals for each 
parameter. Values for these items were determined based on the capacity 
of current equipment and take into consideration the European 
standards. Where possible, the standards in Appendix M are the same as 
those in the European requirements.

Specific Comments Concerning Proposed Appendix M

    Several specific changes to Appendix M were submitted in the 
comments from the ARAC Executive Committee. The addition of TSO C51a to 
the Accuracy column of the Pressure Altitude parameter was reviewed and 
accepted. One comment stated that the Heading parameter, which would 
require a true/mag discrete is unclear and that the two should be 
separated. A significant amount of time was expended in working group 
discussions on this topic, and the designation as it appears in the 
proposed Appendix was agreed to by working group members. A comment 
concerning Manual radio transmitter keying states that existing 
installations should only require a single discrete. That is all that 
is required, and only for air traffic communications. A further comment 
that language should be added to exclude digital voice and data 
transmissions is not being addressed because there is no requirement 
that digital data link transmissions be included as part of this 
parameter.

Part 125

    The FAA proposes to add a new Sec. 125.226 to require the existing 
airplane fleet operated under part 125 to be retrofitted with FDR's 
that record additional parameters. Requirements for DFDR's on newer 
airplanes and newly manufactured airplanes would also be revised to 
require that additional parameters be recorded. The preceding 
discussion for the proposed amendments to part 121 also applies to 
aircraft operated under part 125. The text in Sec. 125.225 would remain 
unchanged because airplanes excluded from these proposed amendments 
would be required to continue to comply with that section.
    Proposed Appendix E: This new appendix to part 125 would be 
identical

[[Page 37156]]

to the proposed Appendix M to part 121 above.

Part 129

    The FAA proposes to add a new Sec. 129.20, Digital Flight Data 
Recorders, to address flight data recorder regulations for U.S.-
registered airplanes operated outside the United States. Although the 
NTSB recommendations did not apply to part 129 operators, the FAA has 
determined that U.S.-registered airplanes, regardless of where they are 
operated, should be required to comply with the same FDR requirements 
as though they were operated domestically. Accordingly, the proposed 
rule indicates that, depending on the airplane type, airplanes that are 
U.S.-registered but operated outside the United States must comply with 
the applicable flight data recorder regulations of part 121, 125, or 
135. Descriptions of these requirements can be found above in the 
sections describing the proposed amendments to those parts. 
Consequently, the FAA proposes to revise the applicability of 
Sec. 129.1(b) to include reference to the proposed Sec. 129.20.
    The period for public comment to the proposed part 129 amendment is 
no longer than that provided for the other proposals in this NPRM to 
allow sufficient time for international entities to comment. Therefore, 
the comment period for revisions to part 129 will be 120 days from the 
date of publication of the NPRM, and the final rule for any revisions 
to part 129 will be issued separately, although the compliance time 
adopted may be the same as that proposed for parts 121, 125, and 135.

Part 135

    These proposed flight data recorder amendments would apply to 
turbine-engine-powered airplanes having a passenger seating 
configuration, excluding any required crewmember seat, of 10 to 30 
seats, that are manufactured after [insert date 3 years after effective 
date of final rule] and operated under part 135. These requirements are 
being proposed to parallel the requirements for the same airplanes 
operated under part 121. These amendments would not apply to any 
airplane type certificated to be configured with nine or fewer 
passenger seats or any rotorcraft.
    Proposed Sec. 135.152(f)(1) would retain the requirement from 
current Sec. 135.152(f). A new Sec. 135.152(f)(2) is proposed that 
would update the correlation data requirements for newly manufactured 
airplanes.
    Proposed new Sec. 135.152(h) would list the parameters that apply 
to newly manufactured airplanes. This list is identical to the 
parameter list proposed in Sec. 121.344.
    Proposed Sec. 135.152(i) would require all turbine-engine powered 
airplanes that are manufactured after [insert date three years after 
effective date of final rule] to record the parameters listed in 
paragraphs (h)(1) through (h)(57) of this part, as well as any 
additional parameters capable of being recorded on the installed FDR 
equipment, in accordance with proposed Appendix F to part 135.
    Proposed Sec. 135.152(j) would require all turbine-engine powered 
airplanes that are manufactured after [insert date 5 yrs after 
effective date of final rule], to record the parameters listed in 
paragraph (h)(1) through (88) of this section within the ranges, 
accuracies, resolutions, and recording intervals specified in Appendix 
F. This provision is identical as proposed in Sec. 121.344a(c), since 
it would apply to the same airplanes, and the same reasons for its 
adoption applies.
    Proposed Appendix F: This new appendix would correspond directly to 
the parameter list set forth in Sec. 135.152(h), and would present the 
ranges, accuracies, resolutions, and recording intervals for each 
parameter. This proposed appendix is identical to proposed Appendix M 
to part 121.

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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. They would not adversely affect harmonization.

Paperwork Reduction Act

    No information collection is required by this proposed rule.

Regulatory Evaluation Summary

    Proposed 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. A regulatory 
evaluation of the proposal is in the docket.

Costs

    To obtain representative and comprehensive information from which 
to develop the industry costs of this proposed rule, the FAA relied on 
the responses of ATA and RAA members to an air carrier cost survey 
developed by the ARAC working group. (The FAA augmented this 
information with adjusted costs analysis from the recently approved 
commuter rule.) The principle aggregate cost 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 revenue 
losses resulting from unscheduled aircraft downtime.
    The total turbojet fleet costs for air carriers operating under 
part 121 for the projected retrofits are $472.0 million ($420.4 
million, discounted) if required to be done within a 2-year compliance 
time frame. For a 4-year compliance time frame, the FAA estimates the 
costs would be $308.9 million ($259.1 million, discounted). The 
equivalent total turboprop fleet costs for air carriers operating under 
part 121 are $39.0 million ($35.2 million, discounted) for the 2-year 
compliance time frame, and $30.4 million ($25.8 million, discounted) 
for the 4-year compliance time frame. The total 4-year compliance time 
frame costs for part 135, 10-19 seat aircraft required to now operate 
under part 121 are estimated to be $26.4 million ($22.3 million, 
discounted) and for part 135, 20-30 seat aircraft, $10.9 million ($9.2 
million, discounted), or $37.3 million ($31.5 million, discounted) 
total part 135 costs. Thus, the total 4-year compliance time frame 
discounted costs for the proposed retrofits required under this 
proposed rule are $316.3 million.
    With regard to the total turbojet fleet costs for air carriers 
operating under part 121, nearly one-half the total cost for the 2-year 
alternative represents the out-of-service costs or lost revenues that 
would be imposed by the shorter compliance time requirement. The other 
one-half of the total cost represents the basic costs which include 
capital investment and expenses. In the 4-year time frame, just over 20 
percent of the total cost represents the out-of-service costs or lost 
revenues that would be imposed by this compliance time requirement. No 
similar assessment can be made for either the turboprop fleet or part 
135 carriers that will now be required to operate under part 121. 
However, because the total turbojet fleet costs represent over 80 
percent of the air carrier industry cost analyzed for this proposed 
rule, the two year time frame suggests itself to clearly be a more 
costly option than the four year time frame. The FAA's estimates of out 
of service costs by aircraft type are summarized in the appendix to the 
full Regulatory Evaluation. That document is available for review in 
the regulatory docket.

Benefits

    DFDR's do not in and of themselves prevent accidents; they are used 
as an investigative tool when accidents or incidents occur. From the 
DFDR information, a greater understanding of the dynamics and probable 
causes of accidents and incidents can be obtained. With this knowledge, 
a ``fix'' can be made to reduce the chance of a similar occurrence in 
the future.
    Due to the very nature of the DFDR requirements (i.e., that we 
currently do not know how or why certain accidents occur), the FAA is 
not able to quantify the likely benefits that will ultimately result 
from this proposal. Nevertheless, the FAA has determined, particularly 
in light of the NTSB recommendations, that information concerning 
enhanced parameters can be collected cost-effectively. 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 provide more flight 
information about aviation accidents or incidents. This in turn, would 
allow industry to predict certain trends in order to make the necessary 
modifications prior to future accidents or incidents. Thus, it is 
assumed that as a result of this rulemaking the quantity and quality of 
information is increased about those accidents for which the NTSB 
currently cannot determine the probable cause. To the extent that this 
occurs, then the FAA would take appropriate additional action to 
prevent a recurrence of those kinds of accidents.
    Future FAA actions could take the form of Advisory Circulars, 
Airworthiness Directives, or possibly, additional rulemakings. The 
costs of these follow-on FAA actions could vary from negligible costs 
to considerable costs of some unknown amount. The costs of such future 
follow-on actions by the FAA should be taken into consideration as part 
of the costs of this rulemaking. However, the costs of potential future 
actions have not been included because the costs of such follow-on 
actions cannot be estimated. It should be understood, therefore, that, 
to the extent that the cost of the follow-on actions are more than 
negligible, the current costs estimates would tend to underestimate the 
total cost of this rulemaking.

Initial 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 
proposed rulemaking, a ``small entity'' is an operator of aircraft for 
hire owning, but not necessarily operating, nine (9) aircraft or less. 
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) which is not less than eleven 
and is more then one-third of the small entities subject to a proposed 
or existing rule.
    A ``significant economic impact'' or cost threshold, is defined as 
an annualized net compliance cost level

[[Page 37159]]

that exceeds 1) $119,900 (1994 dollars) in the case of scheduled 
operators of aircraft for hire whose entire fleet has a seating 
capacity in excess of 60 seats; 2) $67,000 (1994 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) $4,800 
(1994 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 $9,128 per aircraft for the 
2-year time frame and $5,611 per aircraft for the 4-year time frame. 
Multiplying each of these estimates by 9, (the upper bound of the small 
entity criteria) yields results of $82,155 and $50,501 for the 2-year 
and 4-year time frames, respectively. Each of these estimates is 
significantly below the minimum compliance cost criteria of $119,900 
for scheduled operators of large aircraft.
    The FAA has also determined the annualized costs (20 years) for 
scheduled operators of small aircraft to be $4,378 per aircraft for the 
2-year time frame and $3,067 per aircraft for the 4-year time frame. 
The upper bound costs for consideration within the small entity (9 
aircraft) criteria are $39,398 for the 2-year time frame and $27,603 
for the 4-year time frame, respectively. Both are well below the 
minimum compliance cost of $67,000.

International Trade Impact Assessment

    The FAA has determined that revisions to digital flight data 
recorder rules could have a significant impact on international trade. 
The FAA is of the opinion that while the proposed rule will not effect 
non-U.S. operators of foreign aircraft operating outside the United 
States, it could have a significant impact on the suppliers of 
materials required for retrofitting the affected aircraft in the 
domestic fleet. Domestic sources of the required retrofit products may 
not be able to meet the increased demand of the domestic air carriers 
for DFDR's as these air carriers increased orders to meet the tight 
compliance time-frame imposed by this proposed rule. Foreign producers 
may benefit by supplying the unfilled orders. The FAA welcomes comments 
on this issue from manufacturers and suppliers of the proposed retrofit 
materials as well as other interested parties.

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 
proposed regulation would be a significant regulatory action under 
Executive Order 12866, and is considered significant under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).

List of Subjects

14 CFR Part 121

    Air carriers, Aviation safety, Reporting and recordkeeping 
requirements, Transportation

14 CFR Part 125

    Aviation safety, Reporting and recordkeeping requirements

14 CFR Part 129

    Air carriers, Aviation safety, Reporting and recordkeeping 
requirements

14 CFR Part 135

    Aviation safety, Reporting and recordkeeping requirements

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR parts 121, 125, 129, and 135 of 
the Federal Aviation Regulations as follows:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    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 (l) 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 the parameters of paragraph 
(a)(82) of this section, if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when the parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when the 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 
the 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);

[[Page 37160]]

    (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 value position (when an information source is 
installed);
    (72) De-icing or anti-icing system selected (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 [four years from 
effective date of final rule]--
    (1) For airplanes not equipped as of July 15, 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 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 [two years after effective date of final 
rule], and no later than [four years after the effective date of the 
final rule]. 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 M 
of this part by [4 years after effective date of the final rule]. 
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 [4 years after effective date of the final rule].
    (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 [4 years after the effective date of the final rule]. 
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 [4 years after effective date of the 
final rule].
    (e) For all turbine-engine-powered transport category airplanes 
that are manufactured after [3 years after effective date of final 
rule]--
    (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.

[[Page 37161]]

    (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 [5 years after effective date of final 
rule], 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 part 830 of its regulations and the 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 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 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, de Havilland Aircraft Company Ltd. DHC-7, 
Fairchild Aircraft, Inc., 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, 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) No person may operate 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 
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 [4 years after the effective data of the final 
rule], 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 
[4 years after the effective date of the final rule]--
    (1) The parameters listed in Secs. 121.344(a)(1) through 
121.344(a)(11) must be recorded within 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) 
must be recorded; either the parameter listed in Sec. 121.344(a)(13) or 
(a)(16) must be recorded; and either the parameter listed in 
Sec. 121.344(a)(14) or (a)(17) must be recorded.
    (ii) For airplanes with more than two engines, the parameter 
described in Sec. 121.344(a)(18) 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) 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 B of this part.
    (2) Commensurate with the capacity of the recording system (FDAU or 
equivalent and the DFDR), the parameters listed in sections 
121.344(a)(19) through 121.344(a)(22) 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 by this section must be installed 
as soon as practicable, but no later than the next heavy maintenance 
check or equivalent after [two years after effective date of final 
rule]. 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.
    (b) For all turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seat of 10 to 
19 seats, that are manufactured after [three years from effective date 
of final rule]--
    (1) The parameters listed in sections 121.344(a)(1) through 
121.344(a)(57) 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

[[Page 37162]]

parameters listed in section 121.344(a) 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 [4 years after 
effective date of the final rule].
    (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 [5 years after effective date 
of final rule], the parameters listed in section 121.344(a)(1) through 
(a)(88) 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 section 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 sections 121.344(g) through 
121.344(k).
    (f) The following airplane types need not comply with this section, 
but must continue to comply with applicable paragraphs of section 
135.152 of this chapter, as appropriate: Beech Aircraft--99 Series, 
Beech Aircraft 1300, Beech Aircraft 1900C, Construcciones Aeronauticas, 
S.A. (CASA) C-212, deHaviland 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:

                                             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 sampling                                                 
            Parameters                      Range                  input)                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  
                                     certificated           (see table, TSO                                                     from the air data       
                                     altitude of            C124a or TSO C51a).                                                 computer when           
                                     aircraft. +5000 ft.                                                                        practicable.            
3. Indicated airspeed or            50 KIAS or minimum     +/-5% and +/-3%......  1....................  1 kt................  Data should be obtained  
 Calibrated airspeed.                value to Max Vso,                                                                          from the air data       
                                     and Vso to 1.2 V.D.                                                                        computer when           
                                                                                                                                practicable.            
4. Heading (Primary flight crew     0-360 deg. and         +/-2 deg.............  1....................  0.5 deg.............  When true or magnetic    
 reference).                         Discrete ``true'' or                                                                       heading can be selected 
                                     ``mag''.                                                                                   as the primary heading  
                                                                                                                                reference, a discrete   
                                                                                                                                indicating selection    
                                                                                                                                must be recorded.       
5. Normal Acceleration (Vertical).  -3g to +6g...........  +/-1% of max range     0.125................  0.01g.                                         
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
6. Pitch Altitude.................  +/-75 deg............  +/-2 deg.............  1 or 0.25 for          0.5 deg.............  A sampling rate of 0.25  
                                                                                   airplanes operated                           is recommended.         
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
7. Roll Altitude..................  +/-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 Keying  On-Off (Discrete)....  .....................  1....................  ....................  Preferably each crew     
 or CVR/DFDR synchronization                                                                                                    member but one discrete 
 reference.                                                                                                                     acceptable for all      
                                                                                                                                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    
 primary flight crew reference.                                                                                                 (e.g. EPR, 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''.                                                                                                           

[[Page 37163]]

                                                                                                                                                        
11. Longitudinal Acceleration.....  +/-1g................  +/-1.5% max. range     0.25.................  0.01g...............                           
                                                            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
 (non-fly-by-wire systems.                                  Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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 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
 (non-fly-by-wire).                                         Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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 or 0.25, as         
                                                                                                                                applicable.             
13b. Lateral Control positions(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).                                                          
14a. Yaw Control positions(s) (fly- Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes that have a
 by-wire).                                                  Higher Accuracy                                                     flight control break    
                                                            Uniquely Required.                                                  away capability 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 positions(s) (fly- Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  .........................
 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
 Position.                                                  Higher Accuracy        airplanes operated                           multiple or split       
                                                            Uniquely Required.     under Sec.                                   surfaces, a suitable    
                                                                                   121.344(f).                                  combination of inputs is
                                                                                                                                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
 Position.                                                  Higher Accuracy        airplanes operated                           surface position sensors
                                                            Uniquely Required.     under Sec.                                   is acceptble in lieu of 
                                                                                   121.344(f).                                  recording each surface  
                                                                                                                                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       
                                                            Higher Accuracy                                                     multiple or split       
                                                            Uniquely Required.                                                  surfaces, a suitable    
                                                                                                                                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.................  0.01g.                .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
19. Pitch Trim Surface Position...  Full Range...........  +/-3% Unless Higher    1....................  0.3% of full range.   .........................
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   

[[Page 37164]]

                                                                                                                                                        
20. Trailing Edge Flap or Cockpit   Full Range or Each     +/-3 deg. or as        2....................  0.5% of full range..  Flap positin and cockpit 
 Control Selection.                  Position (discrete).   Pilot's indicator.                                                  control may each be     
                                                                                                                                sampled alternately 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 
 Control Selection.                  Discrete Position.     Pilot's indicator                                                   flap position and       
                                                            and sufficient to                                                   cockpit control may each
                                                            determine each                                                      be sampled at 4 second  
                                                            discrete position..                                                 intervals, so as to give
                                                                                                                                a data point every 2    
                                                                                                                                seconds.                
22. Each Thurst Reverser Position   Stowed, In Transit,    .....................  1 (per engine).......  ....................  Turbo-jet--2 discretes   
 (or equivalent for propeller        and Reverse                                                                                enable the 3 states to  
 airplane).                          (Discrete).                                                                                be determined, 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 (discrete).   Higher Accuracy        operated under Sec.                                                  
                                                            Uniquely Required.     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    
 Mode and Engagement Status.         combination of                                                                             which systems are       
                                     discretes.                                                                                 engaged and which       
                                                                                                                                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 Greater                          ft.                   operations each radio   
                                                            Below 500 ft and +/-                                                altimeter should be     
                                                            5% Above 500 ft.                                                    recorded, but arranged  
                                                                                                                                so that at least one is 
                                                                                                                                recorded each second.   
27. Localizer Deviation or MLS      +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Azimuth.                            available sensor       recommended.                                                        operations each system  
                                     range as installed,                                                                        should be recorded but  
                                     +/-62 deg..                                                                                arranged so that at     
                                                                                                                                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 or MLS     +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Elevation.                          available sensor       recommended.                                                        operations each system  
                                     range as installed,                                                                        should be recorded but  
                                     0.9 to + 30 deg..                                                                          arranged so that at     
                                                                                                                                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     
                                     ``off''.                                                                                   acceptable for all      
                                                                                                                                makers.                 
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 recommended).                                                 
 airplane system reference nose or   ``ground''.                                                                                                        
 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
 directly).                                                                        airplanes operated                           are available, each may 
                                                                                   under Sec.                                   be recorded at 4 second 
                                                                                   121.344(f).                                  intervals so as to give 
                                                                                                                                a data point each half  
                                                                                                                                second.                 
33. Hydraulic Pressure Low, Each    Discrete or available  +/-5%................  2....................  0.5% of full range..  .........................
 System.                             sensor range,                                                                                                      
                                     ``low''or ``normal''.                                                                                              
34. Groundspeed...................  As Installed.........  Most Accurate Systems  1....................  0.2% of full range.   .........................
                                                            Installed.                                                                                  

[[Page 37165]]

                                                                                                                                                        
35. GPWS (ground proximity warning  Discrete ``warning''   .....................  1....................  ....................  A suitable combination of
 system).                            or ``off''.                                                                                discretes unless        
                                                                                                                                recorder 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     
 selection.                                                                                                                     recorded.               
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...........  Provided by the Primary  
                                                                                                                                Navigation System       
                                                                                                                                Reference. Where        
                                                                                                                                capacity permits        
                                                                                                                                Latitude/longitude      
                                                                                                                                resolution should be    
                                                                                                                                0.0002 deg..            
40. Stick shaker and pusher         Discrete(s) ``on'' or  .....................  1....................  ....................  A suitable combination of
 activation.                         ``off''.                                                                                   discretes to determine  
                                                                                                                                activation.             
4l. Windshear Detection...........  Discrete ``warning''   .....................  1                                                                     
                                     or ``off''.                                                                                                        
42. Throttle/power lever position.  Full Range...........  +/-2%................  1 for each lever.....  2% of full range....  For airplanes with non-  
                                                                                                                                mechanically linked     
                                                                                                                                cockpit engine controls.
43. Additional Engine Parameters..  As installed.........  As installed.........  Each engine each       2% of full range....  Where capacity permits,  
                                                                                   second.                                      the preferred priority  
                                                                                                                                is indicated vibration  
                                                                                                                                level, N2, EGT, Fuel    
                                                                                                                                Flow, Fuel Cut-off lever
                                                                                                                                position and N3, unless 
                                                                                                                                engine manufacturer     
                                                                                                                                recommends otherwise.   
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 Frequency  Full range...........  As installed.........  4....................  ....................  Sufficient to determine  
                                                                                                                                selected 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 format.                                                                                                                display 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 tank.  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.                              

[[Page 37166]]

                                                                                                                                                        
60. Primary Navigation System       Discrete GPS, INS,     .....................  4....................  ....................  A suitable combination of
 Reference.                          VOR/DME, MLS, Loran                                                                        discretes to determine  
                                     C, Omega, Localizer                                                                        the Primary Navigation  
                                     Glideslope.                                                                                System reference.       
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 oil  Discrete.............  .....................  1.                                                                    
 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     
 right).                                                                                                                        effort applied by pilots
                                                                                                                                or by autobrakes.       
69. Brake Pedal Application (left   Discrete or Analog     +/-5% (Analog).......  1....................  ....................  To determine braking     
 and right).                         ``applied'' or                                                                             applied by pilots.      
                                     ``off''.                                                                                                           
70. Yaw or sideslip angle.........  Full Range...........  +/-5%................  1....................  0.5 deg..                                      
71. Engine bleed valve position...  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
72. De-icing or anti-icing system   Discrete ``on'' or     .....................  4.                                                                    
 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'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
75. DC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
76. APU bleed valve position......  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
77. Hydraulic Pressure (each        Full range...........  +/-5%................  2....................  100 psi.                                       
 system).                                                                                                                                               
78. Loss of cabin pressure........  Discrete ``loss'' or   .....................  1.                                                                    
                                     ``normal''.                                                                                                        
79. Computer failure (critical      Discrete ``fail'' or   .....................  4.                                                                    
 flight and engine control           ``normal''.                                                                                                        
 systems).                                                                                                                                              
80. Heads-up display (when an       Discrete(s) ``on'' or  .....................  4.                                           .........................
 information source is installed).   ``off''.                                                                                                           
81. Para-visual display (when an    Discrete(s) ``on'' or  .....................  1.                                           .........................
 information source is installed).   ``off''.                                                                                                           
82. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--pitch.                                                                                                                                       

[[Page 37167]]

                                                                                                                                                        
83. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--roll.                                                                                                                                        
84. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--yaw.                                                                                                                                         
85. Trailing edge flap and cockpit  Full Range...........  +/-5%................  2....................  0.5% of full range..  Trailing edge flaps and  
 flap control position.                                                                                                         cockpit 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 cockpit   Full Range or          +/-5%................  1....................  0.5% of full range..  .........................
 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   
 input forces (control wheel,       Control wheel........  +/-70 lbs............                                                control systems, where  
 control column, rudder pedal).     Control Column.......  +/-85 lbs............                                                flight control surface  
                                    Rudder pedal.........  +/-165 lbs...........                                                position is a function  
                                                                                                                                of the displacement of  
                                                                                                                                the control input device
                                                                                                                                only, it is not         
                                                                                                                                necessary to record this
                                                                                                                                parameter.              
--------------------------------------------------------------------------------------------------------------------------------------------------------



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 recorders.

    (a) Except as provided in paragraph (l) 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 flights 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 parameters 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 synchorinization 
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 the parameters of paragraph 
(a)(82) of this section, if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when the parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when the 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 
the 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) Maker 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 E of 
this part);
    (44) Traffic alert and collision avoidance system;

[[Page 37168]]

    (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 [four years from 
effective date of final rule]--
    (1) For airplanes not equipped as of July 15, 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 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 airlines that were equipped as of July 15, 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 [two years after effective date of final 
rule], and no later than [four years after the effective date of the 
final rule]. 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 15, 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 [4 years after effective date of the final rule]. 
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 [4 years after effective date of the final rule].
    (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 paragraph (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 [4 years after effective date of the final rule]. 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 E of this part by [4 years after effective date of the 
final rule].
    (e) For all turbine-engine-powered transport category airplanes 
that are manufactured after [3 years after effective date of the final 
rule]--
    (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.

[[Page 37169]]

    (f) For all turbine-engine-powered transport category airplanes 
that are manufactured after [5 years after effective date of final 
rule], the parameters listed in paragraphs (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 be kept more 
than 60 days.
    (i) In the event of an accident or occurence that requires 
immediate notification of the National Transportation Safety Board 
under 49 CFR part 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 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, de Havilland Aircraft Company Ltd. DHC-7, 
Fairchild Aircraft, Inc., 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, 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:

                                             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 Sampling                                                 
            Parameters                      Range                  input)                Interval             Resolution                Remarks         
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Time Courts...  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        1/-100 to +/-700 ft    1....................  5' to 35'...........  Data should be obtained  
                                     certificated           (see table, TSO                                                     from the air data       
                                     altitude of            C124a or TSO C51A).                                                 computer when           
                                     aircraft.+5000 ft.                                                                         practicable.            
3. Indicated airspeed or            50 KIAS or minimum     +/-5% and/-3%+.......  1....................  1 kt................  Data should be obtained  
 Calibrated airspeed.                value to Max VSO,                                                                          from the air data       
                                     and VSO to 1.2 V.D.                                                                        computer when           
                                                                                                                                practicable.            
4. Heading (Primary flight crew     0-360 deg. and         +/-2 deg.............  1....................  0.5 deg.............  When true or magnetic    
 reference.                          Discrete ``true''or                                                                        heading can be selected 
                                     ``mag''.                                                                                   as the primary heading  
                                                                                                                                reference, a discrete   
                                                                                                                                indicating selection    
                                                                                                                                must be recorded.       
5. Normal Acceleration (Vertical).  -3g to +6g...........  +/-1% of max range     0.125................  0.01g.                .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
                                                                                                                                                        

[[Page 37170]]

                                                                                                                                                        
6. Pitch Attitude.................  +/-75 deg............  +/-2 deg.............  1 or 0.25 for          0.5 deg.............  A sampling rate of 0.25  
                                                                                   airplanes operated                           is 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 Keying  On-Off (Discrete)      .....................  1....................  ....................  Preferably each crew     
 or CVR/DFDR synchronization         none.                                                                                      member but one discrete 
 reference.                                                                                                                     acceptable for all      
                                                                                                                                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    
 Primary flight crew reference.                                                                                                 (e.g. EPR, 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.................  0.01g                 .........................
                                                            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
 (non-fly-by-wire systems.                                  Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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 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
 (non-fly-by-wire).                                         Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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 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).                                                          
14a. Yaw Control position(s) (non-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes that have a
 fly-by-wire).                                              Higher Accuracy                                                     flight control break    
                                                            Uniquely Required.                                                  away capability 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) (fly-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range.   .........................
 by-wire).                                                  Higher Accuracy                                                                             
                                                            Uniquely Required.                                                                          

[[Page 37171]]

                                                                                                                                                        
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
 Position.                                                  Higher Accuracy        airplanes operated                           multiple or split       
                                                            Uniquely Required.     under Sec.                                   surfaces, a suitable    
                                                                                   121.344(f).                                  combination of inputs is
                                                                                                                                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
 Position.                                                  Higher Accuracy        airplanes operated                           surface position sensors
                                                            Uniquely Required.     under Sec.                                   is acceptable in lieu of
                                                                                   121.344(f).                                  recording each surface  
                                                                                                                                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       
 Position.                                                  Higher Accuracy                                                     multiple or split       
                                                            Uniquely Required.                                                  surfaces, a suitable    
                                                                                                                                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.................  0.01g.                .........................
                                                            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 Cockpit   Full Range or Each     +/-3 deg. or as        2....................  0.5% of full range..  Flap position and cockpit
 Control Selection.                  Position (discrete)..  Pilot's indicator.                                                  control may each be     
                                                                                                                                sampled alternately 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 
 Control Selection.                  Discrete Position.     Pilot's indicator                                                   flap position and       
                                                            and sufficient to                                                   cockpit control may each
                                                            determine each                                                      be sampled at 4 second  
                                                            discrete position.                                                  intervals, so as to give
                                                                                                                                a data point every 2    
                                                                                                                                seconds.                
22. Each Thrust Reverser Position   Stowed, In Transit,    .....................  1 (per engine).......  ....................  Turbo-jet 2 discretes    
 (or equivalent for propeller        and Reverse                                                                                enable the 3 states to  
 airplane).                          (Discrete)..                                                                               be determined, 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 (discrete)..  Higher Accuracy        operated under Sec.                                                  
                                                            Uniquely Required.     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    
 Mode and Engagement Status.         combination of                                                                             which systems are       
                                     discretes.                                                                                 engaged and which       
                                                                                                                                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 Greater                          ft.                   operations. each radio  
                                                            Below 500 ft and +/-                                                altimeter should be     
                                                            5% Above 500 ft..                                                   recorded, but arranged  
                                                                                                                                so that at least one is 
                                                                                                                                recorded each second.   
27. Localizer Deviation or MLS      +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Azimuth.                            available sensor       recommended.                                                        operations. each system 
                                     range as installed +/                                                                      should be recorded but  
                                     -62 deg..                                                                                  arranged so that at     
                                                                                                                                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.               

[[Page 37172]]

                                                                                                                                                        
28. Glideslope Deviation or MLS     +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Elevation.                          available sensor       recommended.                                                        operations. each system 
                                     range as installed.                                                                        should be recorded but  
                                     0.9 to +30 deg..                                                                           arranged so that at     
                                                                                                                                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     
                                     ``off''.                                                                                   acceptable 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 recommended).                                                 
 airplane system reference nose or   ``ground''.                                                                                                        
 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
 directly).                                                                        airplanes operated                           are available, each may 
                                                                                   under Sec.                                   be recorded at 4 second 
                                                                                   121.344(f).                                  intervals so as to give 
                                                                                                                                a data point each half  
                                                                                                                                second.                 
33. Hydraulic Pressure Low, Each    Discrete or available  +/-5%................  2....................  0.5% of full range.                            
 System.                             sensor range,                                                                                                      
                                     ``low'' or                                                                                                         
                                     ``normal''.                                                                                                        
34. Groundspeed...................  As Installed.........  Most Accurate Systems  1....................  0.2% of full range.                            
                                                            Installed.                                                                                  
35. GPWS (ground proximity warning  Discrete ``warning''   .....................  1....................  ....................  A suitable combination of
 system).                            or ``off''.                                                                                discretes unless        
                                                                                                                                recorder capacity is    
                                                                                                                                limited in which case a 
                                                                                                                                singel discrete for all 
                                                                                                                                modes is acceptable.    
36. Landing Gear Position or        Discrete.............  .....................  4....................  ....................  A suitable combination of
 Landing gear cockpit control                                                                                                   discretes should be     
 selection.                                                                                                                     recorded.               
37. Drift Angle...................  As installed.........  As installed.........  4....................  0.1%.                                          
38. Wind Speed and Direction......  As installed.........  As installed.........  4....................  1 knot, and 1.0.                               
39. Latitude and Longitude........  As installed.........  As installed.........  4....................  0.002 deg...........  Provided by the Primary  
                                                                                                                                Navigation System       
                                                                                                                                Reference. Where        
                                                                                                                                capacity permits        
                                                                                                                                Latitude/longitude      
                                                                                                                                resolution should be    
                                                                                                                                0.0002 deg..            
40. Stick shaker and pusher         Discrete(s) ``on'' or  .....................  1....................  ....................  A suitable combination of
 activation.                         ``off''.                                                                                   discretes to determine  
                                                                                                                                activation.             
41. Windshear Detection...........  Discrete ``warning''   .....................  1.                                                                    
                                     or ``off''.                                                                                                        
42. Throttle/power lever position.  Full Range...........  +/-2%................  1 for each lever.....  2% of full range....  For airplanes with non-  
                                                                                                                                mechanically linked     
                                                                                                                                cockpit engine controls.
43. Additional Engine Parameters..  As installed.........  As installed.........  Each engine each       2% of full range....  Where capacity permits,  
                                                                                   second.                                      the preferred priority  
                                                                                                                                is indicated vibration  
                                                                                                                                level, N2, EGT, Fuel    
                                                                                                                                Flow, Fuel Cut-off lever
                                                                                                                                position and N3, unless 
                                                                                                                                engine manufacturer     
                                                                                                                                recommends otherwise.   
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 Frequency  Full range...........  As installed.........  4....................  ....................  Sufficient to determine  
                                                                                                                                selected frequency.     
47. Selected barometric setting...  Full Range...........  +/-5%................  (1 per 64 sec.)        0.2% of full range..                           

[[Page 37173]]

                                                                                                                                                        
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 format.                                                                                                                display 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 tank.  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.                              
60. Primary Navigation System       Discrete GPS, INS,     .....................  4....................  ....................  A suitable combination of
 Reference.                          VOR/DME, MLS, Loran                                                                        Discretes to determine  
                                     C, Omega, Localizer                                                                        the Primary Navigation  
                                     Glideslope.                                                                                System reference.       
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 oil  Discrete.............  .....................  1.                                                                    
 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     
 right).                                                                                                                        effort applied by pilots
                                                                                                                                or by autobrakes.       
69. Brake Pedal Application (left   Discrete or Analog     +/-5% (Analog).......  1....................  ....................  To determine braking     
 and right).                         ``applied'' or                                                                             applied by pilots.      
                                     ``off''.                                                                                                           
70. Yaw or sideslip angle.........  Full Range...........  +/-5%................  1....................  0.5 deg.                                       
71. Engine bleed valve position...  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
72. De-icing or anti-icing system   Discrete ``on'' or     .....................  4.                                                                    
 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'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           

[[Page 37174]]

                                                                                                                                                        
75. DC electric bus status........  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
76. APU bleed valve position......  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
77. Hydraulic Pressure (each        Full Range...........  +/-5%................  2....................  100 psi.                                       
 system).                                                                                                                                               
78. Loss of cabin pressure........  Discrete ``loss'' or   .....................  1.                                                                    
                                     ``normal''.                                                                                                        
79. Computer failure (critical      Discrete ``fail'' or   .....................  4.                                                                    
 flight and engine control           ``normal''.                                                                                                        
 systems).                                                                                                                                              
80. Heads-up display (when an       Discrete(s) ``on'' or  .....................  4.                                                                    
 information source is installed).   ``off''.                                                                                                           
81. Para-visual display (when an    Discrete(s) ``on'' or  .....................  1.                                                                    
 information source is installed).   ``off''.                                                                                                           
82. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range.                            
 position--pitch.                                                                                                                                       
83. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range.                            
 position--roll.                                                                                                                                        
84. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range.                            
 position--yaw.                                                                                                                                         
85. Trailing edge flap and cockpit  Full Range...........  +/-5%................  2....................  0.5% of full range..  Trailing edge flaps and  
 flap control position.                                                                                                         cockpit 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 cockpit   Full Range or          +/-5%................  1....................  0.5% of full range.                            
 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   
 input forces (control wheel,       Control wheel........  +/-70 lbs............                                                control systems, where  
 control column, rudder pedal).     Control Column.......  +/-85 lbs............                                                flight control surface  
                                    Rudder pedal.........  +/-165 lbs...........                                                position is a function  
                                                                                                                                of the displacement of  
                                                                                                                                the control input device
                                                                                                                                only, it is not         
                                                                                                                                necessary to record this
                                                                                                                                parameter.              
--------------------------------------------------------------------------------------------------------------------------------------------------------



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, 44096.

    9. In Sec. 129.1, the first sentence of paragraph (b) is revised 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 parts 121 or 135 of this chapter, and must be installed by the 
compliance times required by those parts, as applicable to the 
aircraft.

PART 135 AIR--TAXI OPERATORS AND COMMERCIAL OPERATORS

    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 is revised to read as follows:

[[Page 37175]]

Sec. 135.152  Flight recorders.

* * * * *
    (f) (1) For airplanes manufactured on or before [3 years after 
effective date of final rule], 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 Secs. 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 design 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 [3 years after effective 
date of final rule], 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.
* * * * *
    13. In Sec. 135.152, new paragraphs (h), (i), and (j) 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 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 the parameters of paragraph 
(h)(82) of this section, if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when the parameters of paragraph (h)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when the 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 
the parameters 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) Market 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;

[[Page 37176]]

    (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 [3 years after effective date of 
the final rule]--
    (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 [5 years after effective 
date of final rule], 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.
    14. Appendix F to part 135 is added to read as follows:

                                             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 sampling                                                 
            Parameters                      Range                  input)                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  
                                     certificated           (see table, TSO                                                     from the air data       
                                     altitude of            C124a or TSO C51a).                                                 computer when           
                                     aircraft.+5000 ft.                                                                         practicable.            
3. Indicated airspeed or            50 KIAS or minimum     +/-5% and +/-3%......  1....................  1 kt................  Data should be obtained  
 Calibrated airspeed.                value to Max Vso and                                                                       from the air data       
                                     Vso to 1.2 V.D.                                                                            computer when           
                                                                                                                                practicable.            
4. Heading (Primary flight crew     0-360 deg. and         +/-2 deg.............  1....................  0.5 deg.............  When true or magnetic    
 reference).                         Discrete ``true'' or                                                                       heading can be selected 
                                     ``mag''.                                                                                   as the primary heading  
                                                                                                                                reference, a discrete   
                                                                                                                                indicating selection    
                                                                                                                                must be recorded.       
5. Normal Acceleration (Vertical).  -3g to +6g...........  +/--1% of max range    0.125................  0.01g                 .........................
                                                            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  
                                                                                   airplanes operated                           is 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 Keying  On-Off (Discrete)....  .....................  1....................  ....................  Preferably each crew     
 or CVR/DFDR synchronization                                                                                                    member but one discrete 
 reference.                                                                                                                     acceptable for all      
                                                                                                                                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    
 primary flight crew reference.                                                                                                 (e.g. EPR, N1 or Torque,
                                                                                                                                NP) as appropriate to   
                                                                                                                                the particular engine be
                                                                                                                                recorded to determine   
                                                                                                                                power in forward and    
                                                                                                                                reverse thrust,         
                                                                                                                                including potential     
                                                                                                                                overspeed conditions.   

[[Page 37177]]

                                                                                                                                                        
10. Autopilot Engagement..........  Discrete ``on'' or     .....................  1.                                           .........................
                                     ``off''.                                                                                                           
11. Longitudinal Acceleration.....  +/-1g................  +/-1.5% max. range     0.25.................  0.01g...............  .........................
                                                            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
 (non-fly-wire systems.                                     Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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 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
 (non-fly-by-wire).                                         Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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 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).                                                          
14a. Yaw Control Position(s) (non-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes that have a
 fly-by-wire).                                              Higher Accuracy                                                     flight control break    
                                                            Uniquely Required.                                                  away capability 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) (fly-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range.                            
 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
 Position.                                                  Higher Accuracy        airplanes operated                           multiple or split       
                                                            Uniquely Required.     under Sec.                                   surfaces, a suitable    
                                                                                   121.344(f).                                  combination of inputs is
                                                                                                                                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
 Position.                                                  Higher Accuracy        airplanes operated                           surface position sensors
                                                            Uniquely Required.     under Sec.                                   is acceptable in lieu of
                                                                                   121.344(f).                                  recording each surface  
                                                                                                                                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       
 Position.                                                  Higher Accuracy                                                     multiple or split       
                                                            Uniquely Required.                                                  surfaces, a suitable    
                                                                                                                                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.................  0.01g.                                         
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             

[[Page 37178]]

                                                                                                                                                        
19. Pitch Trim Surface Position...  Full Range...........  +/-3% Unless Higher    1....................  0.3% of full range.                            
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
20. Trailing Edge Flap or Cockpit   Full Range or Each     +/-3 deg. or as        2....................  0.5% of full range..  Flap position and cockpit
 Control Selection.                  Position (discrete).   Pilot's indicator.                                                  control may each be     
                                                                                                                                sampled alternately 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 
 Control Selection.                  Discrete Position.     Pilot's indicator                                                   flap position and       
                                                            and sufficient to                                                   cockpit control may each
                                                            determine each                                                      be sampled at 4 second  
                                                            discrete position.                                                  intervals, so as to give
                                                                                                                                a data point every 2    
                                                                                                                                seconds.                
22. Each Thrust Reverser Position   Stowed, In Transit,    .....................  1 (per engine).......  ....................  Turbo-jet--2 discretes   
 (or equivalent for propeller        and Reverse                                                                                enable the 3 states to  
 airplane).                          (Discrete)..                                                                               be determined 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 (discrete).   Higher Accuracy        airplanes operated                                                   
                                                            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    
 Mode and Engagement Status.         combination of                                                                             which systems are       
                                     discretes.                                                                                 engaged and which       
                                                                                                                                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 ft  For autoland/category 3  
                                                            Whichever is Greater                          of full range.        operations, each radio  
                                                            Below 500 ft and +/-                                                altimeter should be     
                                                            5% Above 500 ft.                                                    recorded, but arranged  
                                                                                                                                so that at least one is 
                                                                                                                                recorded each second.   
27. Localizer Deviation or MLS      +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Azimuth.                            available sensor       recommended.                                                        operations, each system 
                                     range as installed +/                                                                      should be recorded but  
                                     -62 deg..                                                                                  arranged so that at     
                                                                                                                                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 to be   
                                                                                                                                recorded.               
28. Glideslope Deviation or MLS     +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Elevation.                          available sensor       recommended.                                                        operations, each system 
                                     range as installed.                                                                        should be recorded but  
                                     0.9 to + 30 deg..                                                                          arranged so that at     
                                                                                                                                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 to be   
                                                                                                                                recorded.               
29. Marker Beacon Passage.........  Discrete ``on'' or     .....................  1....................  ....................  A single discrete is     
                                     ``off''.                                                                                   acceptable 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 recommended).                                                 
 airplane system reference nose or   ``ground''.                                                                                                        
 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
 directly).                                                                        airplanes operated                           are available, each may 
                                                                                   under Sec.                                   be recorded at 4 second 
                                                                                   121.344(f).                                  intervals so as to give 
                                                                                                                                a data point each half  
                                                                                                                                second.                 
33. Hydraulic Pressure Low, Each    Discrete or available  +/- 5%...............  2....................  0.5% of full range.                            
 System.                             sensor range,                                                                                                      
                                     ``low'' or                                                                                                         
                                     ``normal''.                                                                                                        

[[Page 37179]]

                                                                                                                                                        
34. Groundspeed...................  As Installed.........  Most Accurate Systems  1....................  0.2% of full range.                            
                                                            Installed.                                                                                  
35. GPWS (ground proximity warning  Discrete ``warning''   .....................  1....................  ....................  A suitable combination of
 system).                            or ``off''.                                                                                discretes unless        
                                                                                                                                recorder 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     
 selection.                                                                                                                     recorded.               
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...........  Provided by the Primary  
                                                                                                                                Navigation System       
                                                                                                                                Reference. Where        
                                                                                                                                capacity permits        
                                                                                                                                Latitude/longitude      
                                                                                                                                resolution should be    
                                                                                                                                0.0002 deg..            
40. Stick shaker and pusher         Discrete(s) ``on'' or  .....................  1....................  ....................  A suitable combination of
 activation.                         ``off''.                                                                                   discretes to determine  
                                                                                                                                activation.             
41. Windshear Detection...........  Discrete ``warning''   .....................  1.                                           .........................
                                     or ``off''.                                                                                                        
42. Throttle/power lever position.  Full Range...........  +/- 2%...............  1 for each lever.....  2% of full range....  For airplanes with non-  
                                                                                                                                mechanically linked     
                                                                                                                                cockpit engine controls.
43. Additional Engine Parameters..  As installed.........  As installed.........  Each engine each       2% of full range....  Where capacity permits,  
                                                                                   second.                                      the preferred priority  
                                                                                                                                is indicated vibration  
                                                                                                                                level, N2, EGT, Fuel    
                                                                                                                                Flow, Fuel Cut-off lever
                                                                                                                                position and N3, unless 
                                                                                                                                engine manufacturer     
                                                                                                                                recommends otherwise.   
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 Frequency  Full range...........  As installed.........  4....................  ....................  Sufficient to determine  
                                                                                                                                selected 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 format.                                                                                                                display 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 tank.  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.     .........................

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60. Primary Navigation System       Discrete GPS, INS,     .....................  4....................  ....................  A suitable combination of
 Reference.                          VOR/DME, MLS, Loran                                                                        discretes to determine  
                                     C, Omega, Localizer                                                                        the Primary Navigation  
                                     Glideslope.                                                                                System Reference.       
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 oil  Discrete.............  .....................  1.                                                                    
 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     
 right).                                                                                                                        effort applied by pilots
                                                                                                                                or by autobrakes.       
69. Brake Pedal Application (left   Discrete or Analog     +/-5% (Analog).......  4....................  ....................  To determine braking     
 and right).                         ``applied'' or                                                                             applied by pilots.      
                                     ``off''.                                                                                                           
70. Yaw or sideslip angle.........  Full Range...........  +/-5%................  1....................  0.5 deg..             .........................
71. Engine bleed valve position...  Discrete ``open'' or   .....................  4.                                           .........................
                                     ``closed''.                                                                                                        
72. Deicing or anti-icing system    Discrete ``on'' or     .....................  4.                                           .........................
 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'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
75. DC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
76. APU bleed valve position......  Discrete ``open'' or   .....................  4.                                           .........................
                                     ``closed''.                                                                                                        
77. Hydraulic Pressure (each        Full range...........  +/-5%................  2....................  100 psi.              .........................
 system).                                                                                                                                               
78. Loss of cabin pressure........  Discrete ``loss'' or   .....................  1.                                                                    
                                     ``normal''.                                                                                                        
79. Computer failure (critical      Discrete ``fail'' or   .....................  4                                                                     
 flight and engine control           ``normal''.                                                                                                        
 systems).                                                                                                                                              
80. Heads-up display (when an       Discrete(s) ``on'' or  .....................  4.                                                                    
 information source is installed).   ``off''.                                                                                                           
81. Para-visual display (when an    Discrete(s) ``on'' or  .....................  1.                                                                    
 information source is installed).   ``off''.                                                                                                           
82. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--pitch.                                                                                                                                       

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83. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--roll.                                                                                                                                        
84. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--yaw.                                                                                                                                         
85. Trailing edge flap and cockpit  Full Range...........  +/-5%................  2....................  0.5% of full range..  Trailing edge flaps and  
 flap control position.                                                                                                         cockpit 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 cockpit   Full Range or          +/-5%................  1....................  0.5% of full range..  .........................
 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   
 input forces (control wheel,       Control wheel........  +/-70 lbs.                                                           control systems, where  
 control column, rudder pedal).     Control Column.......  +/-85 lbs.                                                           flight control surface  
                                    Rudder pedal.........  +/-165 lbs.                                                          position is a function  
                                                                                                                                of the displacement of  
                                                                                                                                the control input device
                                                                                                                                only, it is not         
                                                                                                                                necessary to record this
                                                                                                                                parameter.              
--------------------------------------------------------------------------------------------------------------------------------------------------------



    Issued in Washington, DC, on July 9, 1996.
Ava L. Robinson,
Special Assistant to the Director, Aircraft Certification Service.
[FR Doc. 96-17824 Filed 7-10-96; 3:17 pm]
BILLING CODE 4910-13-M