[Federal Register Volume 62, Number 137 (Thursday, July 17, 1997)]
[Rules and Regulations]
[Pages 38362-38403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18514]



[[Page 38361]]

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Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 121, et al.



Revisions to Digital Flight Data Recorder Rules; Final Rule

  Federal Register / Vol. 62, No. 137 / Thursday, July 17, 1997 / Rules 
and Regulations  

[[Page 38362]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, 129, 135

[Docket No. 28109; Amendment No. 121-266, 125-30, 129-27, 135-69]
RIN 2120-AF76


Revisions to Digital Flight Data Recorder Rules

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This document revises and updates the Federal Aviation 
Regulations to require that certain airplanes be equipped to 
accommodate additional digital flight data recorder (DFDR) parameters. 
These revisions follow a series of safety recommendations issued by the 
National Transportation Safety Board (NTSB), and the Federal Aviation 
Administration's (FAA) decision that the DFDR rules should be revised 
to upgrade recorder capabilities in most transport airplanes. These 
revisions will require additional information to be collected to enable 
more thorough accident or incident investigation and to enable industry 
to predict certain trends and make necessary modifications before an 
accident or incident occurs.

DATES: Effective date: August 18, 1997. Comments on the Paperwork 
Reduction Act issues presented in this document must be received by 
September 15, 1997.

ADDRESSES: Comments on this notice should be mailed, in triplicate to: 
Federal Aviation Administration, Office of Chief Counsel, Attention: 
Rules Docket (AGC-200), Docket No. 28109, 800 Independence Avenue SW., 
Washington, DC 20591. Comments delivered must be marked Docket No. 
28109. Comments may also be submitted electronically to the following 
Internet address: [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:
Gary E. Davis, Air Carrier Operations Branch (AFS-220), Flight 
Standards Service, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591, telephone (202) 267-8096.

SUPPLEMENTARY INFORMATION:

Background

Statement of the Problem

    The NTSB submitted recommendations to the FAA to require the 
recordation of additional parameters on certain fight data recorders. 
These recommendations were submitted in response to accidents involving 
two Boeing 737 aircraft that were operated by two different air 
carriers. Both airplanes were equipped with flight data recorders 
(FDR's), but in neither case did the FDR provide sufficient information 
about airplane motion and flight control surface positions during the 
accident sequence to enable the NTSB to determine a probable cause for 
either accident.
    The history of aircraft accidents and the lack of information that 
has inhibited proper investigation of their causes is much broader than 
recent experience with the Boeing 737. Historical records of airplane 
incidents suggest that additional, reliable data for the entire fleet 
of transport category airplanes is necessary to identify causes of 
these incidents before accidents occur. This rule will expand the data 
collection requirements to include all parameters that can cost-
effectively be collected.

History of This Regulatory Action

NTSB Recommendations

    On February 22, 1995, the NTSB submitted to the FAA recommendations 
A-95-25, A-95-26, and A-95-27, which recommended that the FAA require 
upgrades of the flight data recorders installed on certain airplanes to 
record certain additional parameters not required by the current 
regulations.
    The following recommendations were submitted by the NTSB to the 
Federal Aviation Administration:
    I. Require that each Boeing 737 airplane operated under 14 CFR part 
121 or 125 be equipped, by December 31, 1995, with a flight data 
recorder system that records, as a minimum, the parameters required by 
current regulations applicable to that airplane plus the following 
parameters: lateral acceleration, flight control inputs for pitch, 
roll, and yaw, and primary flight control surface positions for pitch, 
roll, and yaw. (Classified as Class I, Urgent Action) (Recommendation 
No. A-95-25)
    II. Amend, by December 31, 1995, 14 CFR Secs. 121.343, 125.225, and 
135.152 to require that Boeing 727 airplanes, Lockheed L-1011 
airplanes, and all transport category airplanes operated under 14 CFR 
parts 121, 125, or 135 whose type certificates apply to airplanes still 
in production, be equipped to record on a flight data recorder system, 
as a minimum, the parameters listed in ``Proposed Minimum FDR Parameter 
Requirements for Airplanes in Service'' plus any other parameters 
required by current regulations applicable to each individual airplane. 
Specify that the airplanes be so equipped by January 1, 1998, or by the 
later date when they meet Stage 3 noise requirements but, regardless of 
Stage 3 compliance status, no later than December 31, 1999. (Classified 
as Class II, Priority Action) (Recommendation No. A-95-26)
    III. Amend, by December 31, 1995, 14 CFR 121.343, 125.225, and 
135.152 to require that all airplanes operated under 14 CFR parts 121, 
125, or 135, having 10 or more seats and for which an original 
airworthiness certificate is received after December 31, 1996, record 
the parameters listed in ``Proposed FDR Enhancements for Newly 
Manufactured Airplanes'' on a flight data recorder having at least a 
25-hour recording capacity. (Classified as Class II, Priority Action) 
(Recommendation No. A-95-27).

FAA Response to the NTSB Recommendations

    On March 14, 1995, the FAA published in the Federal Register a 
notice of a public hearing, and solicited public comment concerning the 
NTSB recommendations. On April 20, 1995, the public hearing was held in 
Washington D.C. Eight speakers from the aviation community made 
presentations. Copies of the presentations have been placed in the 
docket for this rulemaking.
    After considering the information obtained through the public 
forum, the FAA responded to the NTSB recommendations. A summary of that 
response was published in Notice No. 96-7, and is summarized here:
    In response to Safety Recommendation A-95-25, the FAA stated that 
it agrees that Boeing 737 airplanes that operate under 14 CFR part 121 
or 125 should be equipped with flight data recorders that include, as a 
minimum, the parameters referenced in this safety recommendation. This 
proposed rule would require all Boeing 737 airplanes as well as certain 
other airplanes operated under 14 CFR parts 121, 125, or 135 having 10 
or more seats to be equipped to record the parameters that were 
specified by the NTSB.
    The FAA received enough valid information from the public to 
determine that the schedule for retrofit completion by December 31, 
1995,

[[Page 38363]]

could not be met. The proposed date would have imposed an extremely 
aggressive retrofit schedule that, if it were physically possible, 
would have resulted in substantial airplane groundings and very high 
associated costs. Furthermore, if operators had been required to 
retrofit all Boeing 737 airplanes before the end of 1995, each of these 
airplanes might have had to undergo a second retrofit to meet the 
expanded requirements that were proposed in response to NTSB 
Recommendations A-95-26 and -27
    In response to NTSB recommendation A-95-26, the FAA agrees that 
airplanes still in production should be required to be equipped with 
DFDR's that record, as a minimum, the parameters listed in the NTSB 
recommendation.
    In response to NTSB recommendation A-95-27, the FAA agrees that 
airplanes operated under parts 121, 125, or 135 having 10 or more seats 
for which an original airworthiness certificate is received after 
December 31, 1996, should record the parameters listed in ``proposed 
FDR Enhancements for Newly Manufactured Airplanes'' on a flight data 
recorder having at least a 25-hour recording capacity.

Aviation Rulemaking Advisory Committee Participation

    After reviewing the comments submitted pursuant to the NTSB 
recommendations and listening to the presentations, the FAA determined 
that it would be beneficial to have aviation industry personnel assist 
in any related rulemaking efforts. On June 27, 1995, the FAA published 
a notice in the Federal Register that the Aviation Rulemaking Advisory 
Committee (ARAC) established the Flight Data Recorder Working Group (60 
FR 33247), which included members representing the Air Transport 
Association, Aerospace Industries Association of America, General 
Aviation Manufacturers Association, Regional Airline Association, Air 
Line Pilots Association, and the FAA. The NTSB was invited to 
participate in working group efforts in an advisory capacity. The 
working group's task was to recommend to ARAC rulemaking proposals or 
other alternatives that would satisfactorily address the NTSB 
recommendations. The ARAC could then make one or more recommendations 
to the FAA, and the FAA would determine whether to issue a proposal 
based on the ARAC recommendation.
    The DFDR Working Group met over the course of several months. While 
many of the issues concerning flight data recorder upgrades were 
settled, no formal recommendation was forwarded to the FAA by the ARAC. 
A full discussion of the issues considered by the working group was 
included in Notice 96-7.

NPRM No. 96-7

    On July 16, 1996, the FAA published an NPRM addressing revisions to 
digital flight data recorder rules and solicited public comment to the 
proposed amendments. The proposals were based on meetings attended by 
FAA, ARAC, and NTSB personnel. Twenty-six commenters responded, each 
addressing multiple issues. Their comments have been placed in the 
docket. Although numbered comments in the docket indicate 28 commenters 
responded, several submittals were duplicates. Comments to the NPRM are 
discussed in detail in the ``Discussion of Comments to the NPRM'' 
section of this document.

Supplemental Notice of Proposed Rulemaking, SNPRM No. 96-7A

    As a result of some comments received and further analysis within 
the FAA, the FAA determined that some issues not included in the NPRM, 
but related to the proposal, should have been included. These issues 
included: (1) Applicability of the requirements to airplanes placed on 
the operations specifications of a U.S. operator after a certain date; 
(2) a compliance date for certain aircraft that must be retrofitted 
with DFDR equipment as a result of a change in policy announced in 
notice 96-7; (3) information regarding airplanes that should be 
exempted from the requirements proposed in notice 96-7; and (4) a 
requirement to use a 25-hour recorder, which is the industry standard, 
rather than the 8-hour recorder currently required. Because three of 
the issues were not included in the initial proposal, and because the 
FAA needed more information to make a determination regarding all four 
of the issues, the agency published a supplemental proposal on December 
10, 1996 (61 FR 65142), and solicited public comment. Six comments were 
received; they are discussed in detail in the ``Discussion of Comments 
to the SNPRM'' section in this document. After analysis of all comments 
received, the FAA has adopted final rule language that includes items 
proposed in the SNPRM.

Discussion of Comments to the NPRM

    Flight Systems Engineering, Inc., comments on the requirement for 
recordation of lateral acceleration on airplanes with one or two 
engines. It states that to the best of its knowledge, the ``trade-in'' 
program to upgrade from dual to tri-axial accelerometers was 
considered, but is not currently available and it doubts it will ever 
be. The commenter estimates the cost of the tri-axial accelerometer to 
be $3,000 per aircraft plus associated engineering and installation 
costs. The commenter believes that the accelerometer information can be 
obtained through analysis of other available data. In addition, the 
commenter states that to require a sampling rate of twice per second 
(rather than the current once per second) as proposed for certain 
parameters may generate costs to industry that the commenter does not 
consider to be cost beneficial.
    FAA Response: The FAA acknowledges that this rule will place some 
economic burdens on operators. According to information received by the 
FAA, however, the $3,000 per aircraft for a tri-axial accelerometer is 
a maximum cost for a new unit, which, in practice, the FAA maintains 
will not be installed in all cases. Rather, modified units will be used 
wherever possible. The FAA does not agree that the commenter's proposed 
method of obtaining the information through analysis is a reasonable 
alternative that would satisfy the NTSB recommendation. No changes have 
been made as a result of this comment.
    Patriot Sensors and Controls Corporation (Patriot) comments that it 
would cost approximately $2000 in 1997/1998 dollars to upgrade the 
lateral acceleration sensor from a dual axis to a tri-axial 
configuration. Patriot emphasizes that to accomplish the upgrade in a 
timely manner, upgrades of its units should be scheduled as soon as 
possible after issuance of the final rule. It emphasizes that it can 
not guarantee timely accomplishment for any order received later than 
18 months prior to the final date of compliance.
    FAA Response: The FAA appreciates the comment from Patriot; the FAA 
notes that the costs for modification of existing units presented by 
the commenter are approximately one third less than those presented by 
the operators for new units. Further discussion of other comments 
concerning the economic impact of this rule are contained in the 
Regulatory Evaluation section of this preamble.
    AVRO International Aerospace comments that the proposed list of 
parameters appears to have been developed to address a specific type of 
airplane that has experienced a small number of accidents, and that the 
proposed list of parameters may not be the most appropriate for general 
application. AVRO also states that the

[[Page 38364]]

European codes have been formalized for adoption through JAR Ops and 
that it considers the FAA's action to extend requirements beyond the 
EUROCAE ED-55 standards (ED-55) without a full consultation with JAA 
authorities to be contrary to the spirit of the JAR/FAR Harmonization 
program.
    FAA Response: The FAA acknowledges that the requirements proposed 
in the NPRM could appear to have been developed to address a specific 
type of airplane, and expanded to merely include all airplanes. 
However, the parameters proposed to be recorded involve functions of 
all airplanes, and may provide data over a wide range of incidents and 
accidents. Accordingly, in response to the NTSB recommendation, the FAA 
has included all transport category airplanes in this rulemaking 
action. The FAA disagrees that extended U.S. requirements require full 
consultation with JAA authorities. The ARAC working group considered 
current international standards where they exist, and realized that 
restricting the upgrades to ED-55 standards would not satisfy the NTSB 
recommendation. The standards proposed are harmonized with the current 
JAR-Ops, which are based on the ED-55 standards; the additional U.S. 
requirements have no JAR counterpart with which to harmonize. No 
changes were made as a result of this comment.
    Aerospace Industries Association (AIA) submits technical comments 
and editorial comments regarding typographical errors. For parameter 
88, all cockpit flight control input forces (control wheel, control 
column, rudder pedal), AIA comments that the force sensor accuracy in 
the appendix should be changed from ``+/-5%'' to ``+/-5% or +/-15% of 
actual, whichever is greater or as installed.'' AIA also comments that 
the accuracy values in the appendix for the Force Sensor Range for 
Wheel, Column, and Pedal ranges of parameter 88 should be changed to 
include the words ``or as installed'' after the numerical values. Also 
for parameter 88, AIA suggests the following language be added to the 
remarks column: ``Force Sensor Range requirements are based on FAR 
25.143(c).'' Finally, AIA suggests that the Force Sensor requirements 
in the Accuracy column for parameter 88 should be moved from the 
Accuracy column to the Range Column.
    FAA Response: During ARAC working group meetings, NTSB 
representatives made it clear that the NTSB needs the full range 
control forces to be recorded as outlined in the NPRM with no 
exceptions. Force Sensor Range requirements in this rule are not based 
on the requirements in Sec. 25.143(c) because slightly stricter 
requirements are needed to yield the desired information for accident 
and incident investigation.
    The FAA agrees that the Force Sensor requirements for parameter 88 
should be moved from the Accuracy column to the Range Column in the 
appendices; the change is reflected in this final rule.
    AIA also commented that the following should be added to the 
Remarks column in the appendices for parameters 82, Cockpit trim 
control input position--pitch, 83, Cockpit trim control input 
position--roll, and 84, Cockpit trim control input position--yaw: 
``Where mechanical means for control inputs are not available, Cockpit 
Display Trim Positions should be recorded.'' Its rationale for the 
change is that modern transport aircraft do not always use mechanical 
trim controls.
    FAA Response: The FAA concurs and the language in the Remarks 
column in the appendices for parameters 82, 83, and 84 has been 
revised.
    Finally, AIA comments that the language in the Remarks column in 
the appendices for parameter 32, Angle of attack (if measured 
directly), is incomplete and should be changed to read as follows: ``If 
left and right sensors are available, each may be recorded at 4 or 1 
second intervals as appropriate so as to give a data point at 2 seconds 
or 0.5 seconds as required.''
    FAA Response: The FAA concurs and the language in the Remarks 
column in the appendices for parameter 32 has been changed. Also, all 
typographical errors noted in AIA's comments have been corrected in 
this final rule.
    Embraer comments on the technical aspects of several proposed 
items; the commenter states that airplanes fitted with conventional 
mechanical flight controls should be allowed to record either the 
flight control input or the control surface position. The commenter 
further states that derived information for control input and control 
movement can be demonstrated for its aircraft. Embraer also comments 
that due to technical constraints such as sensor reliability, low level 
signal treatment, and aircraft installation, plus cost restraints and 
the low priority given to cockpit flight controls forces (as evidenced 
by their location in the order of the parameter list), it considers the 
recording of these parameters unnecessary. Embraer also comments that 
to be able to accommodate 88 parameters, it will be necessary to 
replace existing recorders that record 64 to 128 words per second (wps) 
with a new one capable of recording 256 wps, which is not presently 
available on the market. Embraer also submits cost figures for updating 
its software and hardware.
    FAA Response: The NTSB recommendations on which this rulemaking 
action is based indicate that both control input and surface position 
are necessary for both conventional mechanical flight controls and fly-
by wire controls. Past accident investigations support the need for 
this data. Further, although the NTSB has used derived information in 
support of some findings in accident investigation, the NTSB has noted 
that derived information may include too many variables to support the 
determination of probable cause of an accident.
    The FAA acknowledges that some technical constraints regarding 
force sensors may currently exist. The recordation of the associated 
parameter, however, is not required until 5 years from the effective 
date of the final rule, and the FAA anticipates that within the next 5 
years, these technical constraints will be overcome. Also, with regard 
to the ability to record 256 wps, the FAA maintains that there are 
recorders available today that include this technology, and expects 
them to be more readily available within 5 years, when newly 
manufactured airplanes must have recorders capable of recording all 88 
parameters.
    The FAA acknowledges that the DFDR enhancements proposed by this 
rule are expensive and that a recognized safety return may not 
immediately be recognized. However, the FAA maintains that the 
information collected will aid in accident and incident investigations 
and will help detect trends so that corrective measures can be taken 
before an accident occurs, and that collection of this data is in the 
public interest.
    The FAA notes that the additional cost information submitted by 
Embraer is consistent with information submitted by ARAC working group 
members during development of the NPRM. Further discussion of other 
comments concerning economic issues can be found in this preamble under 
the section ``Regulatory Evaluation.'' No changes were made to the 
proposal as a result of Embraer's comment.
    Sheehan Consultants comments that the acceleration resolutions need 
to be upgraded in the final rule from 0.01g to 0.004g's to be 
consistent with the requirements in ED-55. It states that the change 
would have no impact on current recorders because they already meet the 
ED-55 requirements. The commenter states that accident investigators 
need very fine resolution to observe an airplane bouncing on the

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joints of a runway during taxi, takeoff, and landing, as well as other 
quick flight path changes, structural breakup, and explosions.
    FAA Response: The FAA agrees that the resolution for all three 
acceleration parameters in parts 121, 125, and 135 should be changed to 
harmonize with the EUROCAE document ED-55. The final rule reflects the 
change in the resolution column of the appendices for parameters 5, 11, 
and 18 to read 0.004g's.
    Aerospatiale and Alenia (ATR), manufacturers of ATR airplanes, 
comment that compliance with the primary flight control and master 
warning recording requirements would involve significant software 
modification and hardware modification of the flight data acquisition 
units (FDAU's), plus additional wiring. The two manufacturers state 
that the design changes would cost $100,000 per aircraft for U.S. 
operators for parts and labor, in addition to down time associated with 
completing the modifications. ATR requests that some flexibility be 
introduced into the requirements that would take into account certain 
design features such as flight control characteristics or aircraft 
weight. In addition, ATR states that harmonization with the EUROCAE ED-
55 requirements should be considered for the retrofit requirements.
    FAA Response: The FAA acknowledges that there may be alternatives 
to obtaining data other than direct recordation. However, the proposed 
sampling rates, resolution readouts, and parameter list in the NPRM 
represent contributions from all members of the ARAC working group. The 
ARAC working group made every effort to match the requirements in the 
proposal to both the requirements in ED-55 and the NTSB 
recommendations, and the FAA has determined that the differences are 
insignificant for U.S. operators. No changes were made as a result of 
this comment.
    Airbus Industrie agrees with the statement in the preamble of 
Notice 96-7 that more flight data yields better results when 
investigative authorities are trying to determine the cause of an 
accident or incident. It suggests, however, that requirements for 
recording stick shaker/stick pusher, yaw or sideslip angle, and 
hydraulic pressure are not necessary because the information can be 
derived from other data, or because the information is not relevant to 
the understanding of system operation. Airbus Industrie also suggests 
that the rule should retain the current language that would allow the 
proposed terms ``record'' and ``recorded'' to be replaced respectively 
with the terms ``determine'' and ``able to be determined.'' In 
addition, Airbus Industrie comments that it has always installed 
advanced recording systems on its aircraft, but that aircraft already 
equipped to record 88 or more parameters may not be recording all of 
those proposed in the NPRM. Airbus Industrie suggests that the FAA 
require recordation of only those parameters included in EUROCAE ED-55, 
and states that anything else would constitute disharmony with European 
regulations. The commenter does not oppose the recordation of 
additional data, but would like to see more international involvement 
to determine what addition data should be included, and suggests that 
the effort be addressed within the ICAO and within the FAA/JAA 
Harmonization Work Program under the ARAC process before additional 
parameters beyond ED-55 are added.
    Airbus Industrie also suggests that proposed Secs. 121.344 and 
125.226 be revised so that current FDR's that already record the 
necessary parameters, but not at the specific sampling or resolution 
readouts listed in Appendix K (corrected to read Appendix M), not be 
required to incur retrofit costs simply to meet those Appendix M 
values. Airbus Industrie believes that the introduction of this 
flexibility would result in significant cost savings to industry 
without jeopardizing the capability of investigating events.
    FAA Response: The FAA acknowledges that there may be alternatives 
to obtain data other than direct recordation. However, the proposed 
sampling rates, resolution readouts, and parameter list in the NPRM 
represent contributions from industry representatives, the FAA, and the 
NTSB. During ARAC working group meetings, the NTSB argued that 
information gathered from interpretation was not as reliable as direct 
recordations, as discussed above. Some industry representatives did not 
agree. After further discussion, the working group decided that, to 
respond to the NTSB recommendations on which this rulemaking is based, 
the rule would be written with a requirement for direct recordation of 
the parameters listed. Although Airbus Industrie presents an 
alternative to obtaining information directly from a flight data 
recorder, the FAA has determined that justification provided by Airbus 
Industrie is not sufficient to overcome the NTSB's arguments that 
information gathered from interpretation is not as reliable as direct 
recordation. Accordingly, there was no change to the proposal as a 
result of this comment.
    As previously stated, the FAA disagrees that international 
disharmony occurs as a result of this final rule. The ARAC working 
group made every effort to make the proposal identical, where 
applicable, to the requirements of ED-55. However, the FAA has 
determined that those requirements alone are insufficient for U.S. 
operators or U.S.-registered airplanes, and in fact would not satisfy 
the intent of the NTSB recommendations. Accordingly, the FAA proposed 
the additional requirements. The FAA disagrees with the suggestion that 
more international involvement is needed to develop U.S. regulations 
that govern U.S. operators and U.S.-registered airplanes. No changes 
were made as a result of this comment.
    Fairchild Aircraft, Inc. (Fairchild), opposes the requirement for 
newly manufactured 10-19 seat airplanes to record 57 parameters 
effective 3 years after the effective date of the rule, and 88 
parameters effective 5 years after the effective date of the rule. As 
proposed, the rule would require that these airplanes include a flight 
data acquisition unit (FDAU), plus the sensory devices and associated 
wiring for each (additional) parameter. Fairchild states that 
compliance with current Sec. 135.152 and implementation of the proposed 
Sec. 121.344a(a) is more than adequate for the size and complexity of 
any airplane in the 10-19 seat category. It is the commenter's 
understanding that the goal of this rule-making is to provide 
information regarding accidents and incidents as they occur, and it 
notes that 10-19 seat aircraft have no history of accidents of 
undetermined cause.
    Fairchild believes that the money needed to comply with the 
proposed regulations could be better spent improving overall 
operations. It states that an FDR will not increase the level of safety 
in the 19-seat airplane, and will probably diminish the level of 
safety, because funds will be diverted to comply with something of no 
value versus something of positive value. Fairchild also states that, 
if adopted, the proposal would have a significant negative impact on 
the competitiveness of current operators and airplanes made in the 
United States that are sold on the international market. Fairchild 
believes the proposed changes would increase operating costs and thus 
negatively affect future sales in both the United States and foreign 
markets, particularly to customers in developing nations. Finally, 
Fairchild submits some cost

[[Page 38366]]

information, as well as the following technical comments:
    Fairchild recommends deletion of Sec. 121.344a (b) and (c), which 
would require newly manufactured airplanes with 10 to 19 seats to 
install enhanced DFDR's. Fairchild also notes that in 
Sec. 121.344a(a)(1)(iv), a typographical error occurs; the second 
reference to Appendix B should instead be a reference to Appendix M.
    Fairchild points out that the FH227 listed in parts 121 and 125 
does not belong to Fairchild Aircraft, Inc., as stated in the proposal.
    Fairchild requests that the following airplane types be added to 
the list of airplanes that need not comply with the requirements in 
Sec. 121.344a, but continue to comply with the requirements in 
Sec. 135.152: SA227-AC, SA227-TT, SA227-AT, and SA227-BC. As 
justification, Fairchild submits that these airplanes were manufactured 
prior to October 11, 1991, and are not commuter category airplanes.
    FAA Response: As stated in the NPRM, when the NTSB made its 
recommendations in February 1995, the FAA has not yet issued its rule 
that requires most airplanes that have 10-19 seats that were formerly 
operated under part 135 to operate pursuant to the requirements of part 
121 beginning in March 1997. Because the purpose of that rulemaking 
action was to establish ``one level of safety,'' the NPRM associated 
with this final rule, and all rules developed from this point forward, 
reflect that agency policy. Recognizing the differences between larger 
airplanes operating under part 121 and those designed to carry 10-19 
passengers, the FAA developed a special section in the NPRM to 
specifically address the flight data recorder requirements for these 
airplanes. The ARAC working group discussed and decided that the intent 
of the NTSB recommendations was to capture all airplanes regularly used 
in commercial service, including those that began operating under part 
121 beginning in March 1997.
    The FAA disagrees with the suggestion to delete Sec. 121.344a (b) 
and (c) for newly manufactured airplanes. The suggestion is 
inconsistent with the NTSB recommendations, and no alternative to 
satisfy the recommendation was suggested. No change was made as a 
result of this comment.
    The FAA agrees that the second reference to Appendix B in 
Sec. 121.344a(a)(1)(iv) is an error; ``Appendix B'' should read 
``Appendix M.'' The rule has been revised accordingly.
    The FAA finds that insufficient information was submitted to 
justify the addition of the following planes to the list of airplanes 
that need not comply with the requirements in Sec. 121.344a, but 
continue to comply with the requirements in Sec. 135.152: SA227-AC, 
SA227.TT, SA227-AT, and SA227-BC. The fact that airplanes were 
manufactured before October 11, 1991, is not considered sufficient to 
justify their exclusion. No change was made as a result of this 
comment.
    The FAA agrees that the FH227 does not belong to Fairchild 
Aircraft, Inc., and the final rule has been revised to reflect the 
aircraft is a product of Fairchild Industries.
    All typographical errors noted by the commenter have been corrected 
in this final rule.
    Southwest Airlines (SWA) comments that the language proposed in 
Sec. 121.344(b)(3) be changed to remove reference to installation no 
later than the next heavy maintenance check that occurs after two years 
after the effective date of the final rule. The commenter believes the 
final rule should only require compliance by the final date of the rule 
and should not include any milestones or restrictions. In addition, SWA 
comments that the sampling rates given in Appendix M have been 
increased from the rates initially proposed by ARAC working group 
members, and that the higher sampling rates may require additional 
modifications and expense.
    FAA Response: The issue addressing the earliest possible compliance 
time was discussed in the preamble to the NPRM. In that document, the 
FAA stated that that ``heavy maintenance check'' provision was added to 
prevent operators from waiting until the last minute to install 
upgrades, causing a logjam in scheduling and equipment availability. 
The proposed sampling rates reflect those needed by the NTSB to aid in 
accident and incident investigations. No changes were made as a result 
of this comment.
    Airborne Express comments that lateral acceleration cannot be 
recorded at the specified recording intervals using the Loral F800 
flight data recorder. Airborne Express states that 70% of its fleet is 
fitted with the Loral F800, and to replace these recorders would 
constitute an undue burden. The commenter suggests that language be 
changed to reflect that, except for the Boeing 737, lateral 
acceleration should not be required to be recorded unless sufficient 
capacity is available on the existing recorder to record that parameter 
and that the recording ranges, accuracies, and recording intervals be 
limited to those specified in current Appendix B to part 121. In 
addition, Airborne Express asks for clarification of the term 
``capacity'' as it is used in proposed Sec. 121.344(b)(1)(i) so it can 
determine whether it can comply with the proposed rule language.
    FAA Response: According to Loral, the manufacturer of the F800 
recorder, lateral acceleration can be recorded for the Airborne Express 
installation if a nonrequired parameter is removed from the input to 
the recorder, and the existing spare channels are used. The term 
``capacity'' refers to the design of a recorder to be able to record a 
certain number of parameters and store them for 25 hours. For example, 
a recorder may have a capacity to record 32 wps for 25 hours, 64 wps 
for 25 hours, 128 wps for 25 hours, etc. No changes to the rule were 
made as a result of this comment.
    Piedmont Airlines (Piedmont) comments that although it agrees with 
the NTSB in the importance of information retrieved from FDR's, it 
believes ``the one size fits all'' approach to rulemaking is not an 
efficient or cost effective method. Piedmont believes the primary 
reason for the rule is two unresolved accidents that were due to loss 
of control. However, they do not agree that those accidents justify the 
proposal to obtain directly recorded data as opposed to obtaining 
information through alternative methods. Piedmont submits examples of 
two airplanes that will have to undergo some retrofit to comply with 
the rule as proposed. Piedmont believes that those airplanes are clear 
examples that existing recorded data is adequate for accident 
prevention and investigation, and that the proposed requirement will 
result in a costly retrofit for the purpose of a data-gathering 
exercise that is not justified by any benefit/cost comparison. Piedmont 
believes it would be cost beneficial to require recording up to 17 
parameters but it disagrees that, other than for powered flight 
controls, both the control surface and the input need be recorded.
    FAA Response: The FAA realizes that this rulemaking action may 
appear to be intended for certain airplanes that have been involved in 
accidents, the cause of which has not been determined. As stated in the 
NPRM, the FAA has determined that since the cause of these accidents is 
unknown, it is possible that similar incidents may occur on other 
airplane types. Therefore, the FAA finds that the need to record 
additional flight data is applicable to all airplanes covered by the 
final rule. The FAA recognizes that DFDR's do not in and of themselves 
prevent accidents; they are

[[Page 38367]]

used as an investigative tool when accidents or incidents occur. 
However, the FAA does not agree that continuing the current level of 
data collection is acceptable for future accident investigation. The 
FAA recognized in the NPRM that additional flight data can be collected 
cost-effectively, particularly in light of the NTSB recommendations. No 
changes were made as a result of these comments.
    Twin Otter International, Ltd. (TOIL) and its affiliate by 
ownership, Grand Canyon Airlines, Inc. (GCA) comments that its members 
use deHavilland DHC-6-300 airplanes in their operations. This airplane 
type went out of production before October 11, 1991. TOIL claims that 
the DHC-6-300 was not designed to accommodate flight data recorders, 
and that installation would require extensive redesign and would be 
prohibitively expensive. In addition, the manufacturer is not 
interested in participating in the cost of certifying and retrofitting 
the airplanes for flight data recorder installation and no other 
airworthiness authority worldwide requires a DFDR in the DHC-6-300. 
TOIL states that no DHC-6-300 has ever been equipped with a DFDR.
    The commenter states that the reversal of the policy determination 
addressed in Notice 96-7 would create a regulatory inconsistency 
because 12 of its DHC-6-300 airplanes would be required to be 
retrofitted, while 26 others owned by the companies would not. It 
states that the same airplane type brought onto the register after 
October 11, 1991, is no less safe than one brought on before that date, 
and recommends that in lieu of reversing the policy determination, the 
FAA should revise proposed Sec. 121.344a to read ``manufactured after 
October 11, 1991,'' in lieu of ``brought onto the U.S. register after * 
* *'' that date. Further, the commenter points out, airplanes of 
foreign registration (not required to comply with U.S. DFDR 
requirements) may be allowed to be operated in the United States by a 
U.S. air carrier without being on the register, and would have an 
economic advantage over U.S.-registered airplanes.
    FAA Response: Twin Otter International, Ltd. presented significant 
evidence why the DHC-6 airplane (Twin Otter) should be exempted from 
the flight data recorder upgrade requirements proposed in the NPRM, and 
the final rule includes an exemption for the DHC-6, whether the 
airplanes are operated under part 121 or part 135.
    The FAA fully considered the popularity of this aircraft model in 
the sightseeing industry, and determined that the exemption is still 
appropriate. The FAA does not agree with TOIL's characterization of the 
effect of the policy change announced in notice 96-7, nor that the 
policy announced in Flight Standards Information Bulletin 92-09 should 
be codified. The revised policy states that airplanes previously 
registered in the United States that were removed and brought back on 
the register after October 11, 1991 are not ``grandfathered'' and must 
install flight data recorders. This interpretation is consistent with 
both the language and the intent of the current rule. While the FAA 
acknowledges that the October 11, 1991 date creates two classes of 
airplanes that are otherwise the same, any other method of 
distinguishing airplanes that must be retrofitted would have an equally 
bifurcated effect. TOIL's proposed solution to use October 11, 1991 as 
a date of manufacture to distinguish those airplanes to be retrofitted 
is a solution only for aircraft out of production; airplanes in 
production would continue to be separated into two classes by the date 
regardless of how identical two airplanes were when they came off the 
production line. The 1991 ``brought on the U.S. register'' date was 
adopted in 1988, and a well-defined class of airplanes was established. 
The FAA has no reason to now disrupt the applicability of the flight 
data recorder requirements by changing from one date to another when it 
would not solve the problem described by the commenter. Nor does the 
FAA agree with the commenter that, as a class, airplanes that are no 
longer being produced should be categorically exempted from the DFDR 
requirements.
    In a comment to the NPRM, Twin Otter International, Ltd. (TOIL) 
comments that two classes of airplanes are created by the ``brought on 
the U.S. register'' language because foreign registered airplanes may 
be operated in the United States. This issue was raised by the FAA in 
the SNPRM to this rule, and the agency proposed that the applicability 
of the regulation be changed to include airplanes brought onto the U.S. 
register or airplanes that are foreign registered and added to an 
operator's U.S. operations specification after October 11, 1991. As 
explained in the preamble to the SNPRM, the original language was 
adopted to minimize costs and to deter the importation of older, non-
DFDR equipped airplanes. The fact that the language created a separate 
standard for non-U.S. registered airplanes was unintentional; the FAA 
always intended to cover all of the airplanes operating domestically. 
TOIL did not comment on the change proposed in the SNPRM. Based on the 
comment of TOIL, the final rule language includes an exemption for the 
Twin Otter. No other changes were made based on this comment.
    The Regional Airlines Association (RAA) comments that it supports 
the enhancement of FDR recording parameters where the benefits can be 
shown to justify the costs, and suggests that the compliance period be 
extended to 6 years. RAA supports the proposed rule as it applies to 
newly manufactured aircraft. However, RAA states that many of the 
proposed requirements to retrofit new recording parameters into 
existing airplanes have not been shown to provide a direct safety 
improvement or to be cost effective, and that requiring installation 
will impose a severe economic burden on affected operators, resulting 
in increased costs of travel to the public, and thus should be 
eliminated.
    FAA Response: The FAA recognizes that the DFDR enhancements 
proposed by this rule may be costly and may not provide immediately 
recognized benefits. However, cost alone cannot justify ignoring the 
potential safety gain represented by the improvements required by this 
rule. The FAA has determined that this final rule should be promulgated 
as in the public interest, and RAA has not submitted sufficient 
justification to show that it is not in the public interest. No changes 
were made as a result of this comment.
    The Air Line Pilots Association (ALPA) agrees with the proposal 
except for the proposed compliance period, and suggests that the FAA 
contact FDR and FDAU manufacturers directly to validate the economic 
information supplied in the NPRM. The commenter believes that the four 
year compliance period outlined in the proposed rule for the retrofit 
of FDR's is too long, and that three years is more appropriate.
    FAA Response: The FAA relied heavily on the industry members of the 
ARAC working group to supply accurate economic information, including 
costs of parts, labor, and aircraft down time. The information was 
provided in aggregate form based on major cost components, not in 
detail. Therefore, contacting the manufacturers of specific parts such 
as the FDR's and FDAU's would not yield useful additional economic 
information. During development of the proposal, the ARAC working group 
discussed extensively the most appropriate compliance period--one that 
would be practical both technologically and economically. Manufacturers 
and operators argued that four years is necessary to redesign any

[[Page 38368]]

affected areas, and to incorporate any needed retrofits into a regular 
maintenance schedule in order to minimize the down time required for 
installation of DFDR enhancements. The FAA also notes that the required 
upgrades may be accomplished sooner than the prescribed four years; the 
final rule requires the installation of the DFDR no later than the next 
heavy maintenance check, or equivalent, after two years after the 
effective date of the final rule. No changes were made as a result of 
this comment.
    General Aviation Manufacturers Association (GAMA) comments that the 
FAA has gone beyond the scope of the NTSB recommendations by including 
10 to 19 passenger airplanes in the NPRM. GAMA also states that it 
considers the requirements proposed not to be cost beneficial, and thus 
a final rule should not be published. GAMA indicates that requiring 
enhanced DFDR's would not support the theory of eventual zero 
unexplained accidents per year simply by increasing the number of 
parameters being monitored. The commenter states that a regulatory 
analysis is not provided for newly manufactured airplanes and feels 
this is necessary by law and is essential. GAMA also disagrees with the 
FAA's conclusion that the cost of developing a 256 word per second 
recorder is insignificant. It cites the requirement to develop 
standards through committees, and the issue of possible import design 
and data correlation as additional cost burdens. GAMA comments that the 
FAA highlights the benefits of the NPRM and downplays costs, and that 
the proposal does not adequately quantify the benefits. The FAA should 
be required to conduct a full and complete cost analysis of the total 
NPRM impact prior to issuing a final rule. GAMA further maintains that 
although the FAA states that no disharmony is created in the proposal, 
it disagrees, and lists areas of possible conflict as parameters 40, 
41, 42, and 44.
    GAMA also comments that the NPRM should include rule language that 
would exclude retrofit requirements for existing airplanes operated 
under part 135 for on-demand service, and would exclude those newly 
manufactured airplanes to be operated under part 135 for on-demand 
service. Likewise, the commenter states that the proposed amendments 
should include language that the amendments would not apply to any 
airplane type certificated for nine or fewer passenger seats or any 
rotorcraft.
    GAMA also comments that several of the parameters' names or 
corresponding remarks are ambiguous and need to be further clarified. 
It further comments that the rule language should be changed to include 
in the rule text the appendix remarks concerning flight control 
breakaway capability; suggests that the dual coverage requirement for 
conventional axes be deleted; and suggests that the requirement for 
recordation apply to only aircraft axes that are augmented.
    For newly manufactured airplanes, GAMA believes there are 
differences between parameters that some operators have chosen to 
record and proposed parameters 58-88. GAMA asks whether operators must 
cease recording parameters of choice or those required in the JAR-Ops 
and/or ED-55, and instead record the proposed extended parameters. GAMA 
believes clarification is needed regarding these issues.
    FAA Response: As explained in the NPRM, when the NTSB made its 
recommendations in February 1995, the FAA had not yet issued its rule 
that requires most airplanes that have 10-19 seats that formerly 
operated under part 135 to comply with the requirements of part 121 
beginning in March 1997. Because the purpose of that rulemaking action 
was to establish ``one level of safety,'' the NPRM associated with this 
final rule, and all rules developed from this point forward, reflect 
that agency policy. Recognizing the differences between larger 
airplanes operating under part 121 and those designed to carry 10-19 
passengers, the FAA developed a special section in the NPRM to 
specifically address the flight data recorder requirements for these 
airplanes. The ARAC working group discussed and decided that the intent 
of the NTSB recommendations was to capture all airplanes regularly used 
in commercial service, including those 10-19 seat airplanes that began 
operating under part 121 in March 1997.
    The FAA recognizes that increasing the number of recorded 
parameters may not realize an immediate safety return, but maintains 
that the information collected will aid in accident and incident 
investigations, and will help detect trends so corrective measures can 
be taken before an accident occurs. The FAA also maintains that as more 
information is recorded, the occurrence of unexplained accidents and 
incidents will decrease.
    Regarding the commenters statements addressing the cost/benefit 
analysis, an analysis for newly manufactured airplanes, costs 
associated with developing a 256 word per second recorder, and other 
cost burdens: these and other comments concerning economic impact are 
discussed further in the Regulatory Evaluation section of this 
preamble.
    The FAA disagrees that disharmony is created in the proposal, and 
notes that harmonization does not mean identicality. The final rule is 
as similar as practicable with international standards, where they 
exist, and goes beyond international standards only to accommodate the 
NTSB recommendation, which is the original basis for this rulemaking 
action.
    The FAA disagrees that the proposed rule language should be changed 
to exclude retrofit requirements for existing airplanes operated under 
part 135 for on-demand service. As proposed, the rule is not applicable 
to these airplanes. Only those part 135 airplanes that operate 
scheduled, commuter operations that have transferred to part 121 as of 
March 1997 will be subject to retrofit requirements in this rule. The 
FAA also disagrees that the proposed rule language should be changed to 
exclude newly manufactured airplanes that will be operated in on-demand 
service. For reasons stated in the preamble to the NPRM, the FAA finds 
that all airplanes affected should comply with the new regulations, 
regardless of the nature of their operation. The FAA disagrees with the 
commenter's suggestion that language be added to exclude airplanes 
certificated for nine or fewer passenger seats and all rotorcraft. 
Section 135.152 does not apply to airplanes with nine or fewer 
passenger seats, and the proposed language in Sec. 135.152(f) applies 
only to airplanes that would be required to be equipped in accordance 
with Secs. 135.152 (a) or (b), as appropriate.
    With respect to the commenter that some of the parameter name and 
corresponding remarks are ambiguous, the FAA notes that the names and 
remarks have evolved over time and are generally accepted by industry. 
The names and remarks were discussed during the ARAC working group 
meetings in which GAMA participated. No technical concerns over the 
names of the parameters were raised by the commenter at the time or 
subsequently by any other commenter. The nature of the commenter's 
questions concerning specific parameter names will be considered in 
preparation of the Advisory Circular already under development.
    The FAA disagrees that the text contained in the appendix 
``Remarks'' column should be incorporated into the rule language for 
flight control breakaway capability parameter. The FAA has determined 
that this addition would be confusing for a single parameter and that 
the text should

[[Page 38369]]

remain in the ``Remarks'' column of the appendix.
    The FAA disagrees that the dual coverage requirement for 
conventional axes should be deleted and that the requirement for 
recordation should apply to only aircraft axes that are augmented. The 
FAA finds that both of these requirements are needed to meet the NTSB 
recommendations.
    Regarding the issue of recording required parameters rather than 
recording parameters of choice (or those required in the JAR-Ops and/or 
ED-55), the final rule states the parameters that must be recorded in 
each appropriate section. An operator may choose to record parameters 
beyond those required, but must record the required parameters. The FAA 
acknowledges that some operators may have to change the parameters 
currently being recorded, unless an operator chooses to replace its 
equipment for that with greater capacity.
    The National Air Transportation Association (NATA) comments that 
proposed Sec. 135.152 should be revised in the final rule to 
differentiate the applicability of the new requirements by ``kind of 
operation'' in which a 10 to 30 seat airplane is used. It also comments 
that the final rule language should be clarified concerning its 
applicability to 10 to 30 seat airplanes used in part 135 on-demand 
operations. The FAA is unable to understand clearly NATA's comment 
regarding proposed regulations for airplanes brought onto the U.S. 
register on or before October 11, 1991. The FAA concludes that NATA is 
suggesting that affected commuter airplanes operated under 
Sec. 121.344a that are brought onto the U.S. register after October 11, 
1991, should be required to meet only existing part 135 requirements. 
NATA appears to believe that there is no justification in requiring two 
sets of regulations for the same airplane type simply because of 
registration date, and suggests that the October 11, 1991, date be 
deleted and that the date of manufacture be used instead. NATA agrees 
with the exclusion of rotorcraft and airplanes certificated with nine 
or fewer passenger seats from the regulations, but feels that the term 
``multiengine,'' which is included in current Sec. 135.152 (a) and (b), 
should be included in proposed Secs. 135.152 (i) and (j).
    FAA Response: The FAA appreciates the NATA comment but it does not 
agree that applicability is an issue for this final rule. The FAA 
recently promulgated new part 119, which determines the type of 
operation that is applicable to an on-demand or commuter operation. 
When using the definitions of part 119, it is clear that Sec. 135.152 
applies to on-demand operators of the 10-30 seat airplanes, and that 
Sec. 121.344a applies to scheduled commuter operators. The FAA 
acknowledges that DFDR's do not in and of themselves prevent accidents; 
they are used as an investigative tool when accidents or incidents 
occur. However, it does not agree that continuing to obtain the current 
level of information required to be recorded by Sec. 135.152 without 
obtaining any new information is acceptable for future accident 
investigation. Similarly, the FAA does not agree with NATA that the 
term ``multiengine'' should be included in the new Secs. 135.152 (i) 
and (j) for certain newly manufactured airplanes. In its deliberations, 
the FAA decided that a new, single-engine, turbine-powered airplane 
capable of carrying 10 to 30 passengers should meet the same standard 
as the multiengine airplane carrying the same number of passengers. 
Since NATA has not submitted any additional justification that would 
warrant different treatment of these airplanes, no changes were made as 
a result of this comment.
    The Air Transport Association (ATA) generally supports the proposed 
rule, but expresses disagreement in the following areas. ATA comments 
that because the FAA proposes more parameters than are included in the 
JAR-Ops, harmonization is not achieved, and suggests that the FAA 
should restrict its list of parameters to those required by European 
standards, even if it means keeping the number of newly manufactured 
airplane DFDR parameters at 57. ATA also comments that increasing 
sampling rates in newer generation aircraft is not cost effective and 
recommends that several parameters be recorded at a sampling rate of 
once per second rather than twice per second as proposed. (The specific 
parameters will be addressed in the FAA reply.) In addition, ATA 
requests clarification regarding those aircrafts that fall under the 
requirements of Appendix B and have the flight control breakaway 
capability that allows either pilot to operate the controls 
independently.
    ATA comments that the Lockheed Aircraft Corporation Electra L-188 
should be included on the list of airplanes that would not have to 
comply with the new proposal. The L-188 is out of production but 
remains in service. ATA also comments that the Loral 800 FDR does not 
have the capacity to record lateral acceleration at the rate of 4 words 
per second, as proposed. A two-engine airplane equipped with the Loral 
F800 is only capable of recording this parameter at a rate of 1 wps. 
ATA recommends that Appendix B be revised to allow a recording rate of 
1 wps for lateral acceleration for airplanes equipped with 32 wps 
recorders.
    Also, ATA comments that the NPRM does not take into account 
aircraft with specialized data acquisition that may be capable, for 
example, of recording primary axis controls, either by pilot inputs or 
by surface position, but is not capable of recording both. ATA 
maintains that software to support this unique system is not available, 
which would result in the need to install extensive rewiring and 
expensive hardware.
    ATA also comments that some of the accuracies listed in the NPRM 
for certain parameter sources differ from the accuracy as defined by 
the aircraft manufacturer, and suggests that when this happens, the 
manufacturer's accuracy should apply over the affected range.
    ATA comments that some operators have established their DFDR 
Maintenance Programs using the current Appendix B parameter numbers for 
tracking and compliance purposes. ATA recommends that the final rule 
allow those operators that have a parameter-number-based FDR 
maintenance program to add the new parameters (numbers) to the original 
list, their maintenance manuals, and word cards.
    ATA states that the FAA's time frame for compliance is more 
reasonable than that proposed in the NTSB recommendations, but still 
maintains there will be a tremendous burden on manufacturers, 
operators, and suppliers, as well as the FAA. Although FAA rejected 
ATA's earlier recommendation to establish a phased compliance schedule, 
ATA now suggests the FAA should survey operators annually after the 
effective date of the rule to determine the status of operator retrofit 
programs.
    ATA states that with a few exceptions, its cost estimates generally 
agree with the data presented by the FAA in the proposed rule. It 
states, however, that some costs were not addressed in the NPRM, and 
consequently, ATA feels the FAA's cost estimates underestimate the 
total program costs.
    FAA Response: The FAA disagrees that disharmony occurs as a result 
of this final rule. The ARAC working group made every effort to make 
the proposal identical, where applicable, to the requirements of ED-55. 
However, the FAA has determined that those requirements are 
insufficient to satisfy NTSB recommendations for U.S. operators, and 
has thus provided some

[[Page 38370]]

additional requirements. The FAA recognizes that there may be other 
alternatives to obtain data, but no comprehensive alternative that 
would meet the NTSB recommendations has been presented, nor cost data 
submitted for comparison. The proposed sampling rates, resolution 
readouts, and parameter list in the NPRM were developed with input from 
industry representatives, the FAA, and the NTSB. The FAA has determined 
that justification provided by ATA is not sufficient to change the 
proposal.
    The FAA agrees that the Lockheed Aircraft Corporation Electra L-188 
should be included in the list of airplanes that need not comply with 
these amendments, and the applicable sections have been revised in the 
final rule.
    The FAA does not agree that the Loral F800 is incapable of 
recording 4 samples per second (the FAA assumes ATA misquoted the NPRM 
when it said 4 words per second), as proposed. According to the 
manufacturer of the F800 recorder, lateral acceleration can be recorded 
at 4 samples per second if a nonrequired parameter is removed from the 
input to the recorder, and the existing spare channels are used.
    Regarding specialized equipment configurations, the FAA requested 
for specific comment from TWA and other operators that may find 
themselves in unique circumstances. Although the ATA comment points out 
a unique problem with specialized FDAU's, the limitations are of 
recording system capacity caused by out-of-date software. The FAA is 
not inclined to revise the proposed rule in such a way to encourage the 
continued use of old, insufficient software. The FAA does acknowledge 
that extenuating circumstances may occur, and so may consider 
exemptions requesting relief from the recordation of specific 
parameters if an operator can show that all efforts to rearrange 
nonrequired parameters and software ``fix'' solutions have been 
exhausted, and that the only solution would be an expensive equipment 
upgrade.
    The FAA acknowledges that some of the accuracies listed are not the 
same as those listed by the manufacturers, but maintains that to 
achieve the minimum level of safety prescribed by the rule, and to 
maintain the continuity of recorded data, the FAA must establish the 
standards, not the individual manufacturers.
    The comment concerning operator maintenance programs is not a 
flight data recorder issue, and is beyond the scope of this rulemaking 
action. The current rule does not prohibit, and the NPRM did not 
propose to prohibit those operators with a parameter-number-based FDR 
maintenance program from adding new parameters (by number) to the 
original list, their maintenance manuals, or word cards.
    Regarding the commenter's suggestion to survey operators annually 
after the effective date of the rule to determine the status of 
operator retrofit programs, the FAA finds that the exercise would serve 
no useful purpose and would require additional resources and paperwork. 
Operators may submit their DFDR retrofit status at any time on a 
voluntary basis. During working group discussions, it was decided that 
a phased-in compliance schedule would not be necessary because affected 
airplanes could be retrofitted with any newly required equipment at the 
time of a heavy maintenance check. A separate DFDR retrofit schedule 
could conflict with other established maintenance schedules and 
increase costs.
    Discussion of economic comments can be found in the Regulatory 
Evaluation section of this preamble. Except where noted above, no 
changes were made as a result of this comment.
    The National Transportation Safety Board disagrees with the FAA's 
proposed compliance dates for newly manufactured and existing aircraft, 
and with the minimum parameter requirements for existing aircraft. It 
also disagrees with the FAA's decision not to require more expeditious 
flight control parameter upgrades for Boeing 737 airplanes, as required 
by the Board in its Recommendation A-95-25, and now suggests a December 
1997 compliance date for retrofit of these airplanes.
    In addition, for newly manufactured airplanes, the NTSB comments 
that most of the 88 parameters included in the FAA's proposal are 
currently being recorded, or are capable of being recorded with little 
cost, by existing FDR systems. Therefore, the NTSB believes that there 
does not appear to be a justifiable technical or economic reason for 
not requiring a full 88-parameter installation on newly manufactured 
aircraft by 3 years after the date of the final rule.
    The NTSB also comments that the parameter ``Overspeed Warning'' 
should be added to the parameter list for newly manufactured airplanes, 
and that the final date should explain in greater detail the 
significance of the Appendices Header, which reads ``The recorded 
values must meet the designated range, resolution and accuracy 
requirements during dynamic and static conditions. All data recorded 
must correlate in time to within one second.'' The NPRM does not make 
it clear that this statement may have a significant impact on some 
existing airplanes with FDR parameters that do not reflect the actual 
condition of the aircraft during certain dynamic conditions. Certain 
data may not be recorded accurately due to filtering that takes place 
prior to recording.
    The NTSB would like the FAA to change the proposed language to 
require non-FDAU equipped aircraft to be equipped with FDAU's and 
believes that the benefit would justify the additional $50,000 per 
aircraft cost of this retrofit. Adding a FDAU enables the recording of 
all the FDR parameters recommended by the Board in Recommendation 95-
26. It would also provide reserve capacity for future FDR parameter 
needs that may become necessary in the future as a result of accident 
investigations and/or technology advancements.
    In addition to the 1997 compliance date for Boeing 73 retrofits and 
the 3-year compliance date for newly manufactured airplanes, the NTSB 
suggests that industry should be able to retrofit the affected existing 
fleet within 2 years from the issuance of the final rule, rather than 
the 4 years proposed in Notice 96-7.
    FAA Response: The FAA has fully explored with ARAC the NTSB 
recommendations concerning the Boeing 737 and a 2-year versus 4-year 
compliance date. During the course of the ARAC working group 
deliberations, the aircraft manufacturers presented and justified 
arguments that they would need more than 3 years to incorporate the 
engineering designs necessary to accommodate the proposed parameters 
that are beyond those listed in ED-55. The FAA published the result of 
those deliberations in the NPRM, which provided the rationale for these 
proposals and the retrofit of the existing fleet. The aviation industry 
provided information that indicated a 2-year retrofit schedule would be 
prohibitively costly, and that it may be technologically impossible to 
complete a fleet retrofit in less than 4 years. In addition, a 
mandatory 2-year retrofit schedule would have had a major effect on the 
traveling public due to unscheduled groundings of airplanes that would 
be necessary to meet the requirement. During ARAC discussions, industry 
and the FAA found that a 2-year retrofit would be burdensome, and 
discussed whether a faster retrofit would result in expenditures that 
would undermine separate attempts to find the cause of incidents and 
accidents. Finally, the FAA determined that a 4-year compliance time 
would permit the operators to schedule DFDR retrofits during a major 
maintenance check, e.g.,

[[Page 38371]]

a ``D'' check, while the aircraft is at a maintenance facility that has 
the equipment and technical capability to perform the installation and 
the modifications to the airframe. The NTSB has presented no new 
persuasive arguments that would justify changing the proposal.
    Since the Pittsburgh (Aliquippa) Boeing 737 accident, Boeing has 
concentrated its efforts on using the available actual data and derived 
data to better understand the possible causes of this accident. Boeing 
has recently introduced changes in the Boeing 737 rudder system that it 
believes will prevent future rudder-induced rollover accidents. The FAA 
acknowledges the merits of the Boeing program and notes that such 
activities could be cut short if time and resources had to be directed 
toward meeting an accelerated DRDR retrofit schedule. At best, the 
recording of additional parameters may highlight where a problem 
exists. The rudder redesign efforts of Boeing, however, are a positive 
action that might prevent future accidents, and care must be taken not 
to inhibit such actions unnecessarily.
    At the 1995 public hearing on flight data recorder upgrades, the 
FAA stated that it hoped that airlines would not wait for a government 
mandate before upgrading recorders. The FAA has received information 
that at least one major operator of Boeing 737 airplanes has already 
made a substantial commitment to upgrading its airplanes before the 
compliance date mandated in this rule. The FAA applauds this dedication 
to an important safety initiative and encourages equally aggressive 
compliance schedules from other operators.
    The Board's suggestion to add to the parameter list of ``Overspeed 
Warning'' was not raised during the NTSB's participation in the ARAC 
working group. The FAA is not including in the final rule in an effort 
to maintain consistency with the proposed rule and the substantial cost 
analyses done by industry for the parameters already proposed. The FAA 
will consider adding the parameter in future rulemaking.
    The NTSB requests a more detailed explanation of the Appendices 
Header that, as proposed, reads: ``The recorded values must meet the 
designated range, resolution and accuracy requirements during dynamic 
and static conditions. All data recorded must correlate in time to 
within one second:.'' The FAA added the requirement for a dynamic test 
condition to ensure accurate dynamic recording of aircraft performance. 
This requirement was necessary to preclude the presumption that 
information that may be obtained from filtered or modified signals. 
Correlation must be within one second between recorded data and actual 
performance. The FAA agrees that further explanation of these tests is 
needed, and intends to address the test procedures in an upcoming 
Advisory Circular to clarify the recording of dynamic and static 
conditions, and other acceptable means of compliance with the rule.
    The original NTSB recommendations did not fully recognize the 
considerable constraints of DFDR retrofit of older airplanes that are 
out of production and are not equipped with flight data acquisition 
units (FDAU's), and for transport category airplanes whose type 
certificates apply to airplanes still in production. The NTSB did not 
recommend that 88-parameter recorders be installed in those airplanes. 
The ARAC team discussed the differences between FDAU-equipped and non-
FDAU-equipped airplanes and recognized that the NTSB recommendation 
could not be fully accommodated without a FDAU retrofit of older 
airplanes. However, the costs related to redesign and retrofit were 
found to be excessive when compared to the benefits gained in older, 
less complex airplanes. Therefore, the ARAC team recommended different 
retrofit requirements for three different categories of airplanes, 
depending on their age and equipment already installed. Those 
categories and requirements were discussed in Notice No. 96-7, and are 
summarized in a chart printed in this preamble. The FAA has fully 
debated this issue and disagrees with the NTSB comment concerning FDAU 
retrofit of older airplanes, including that an additional $50,000 cost 
per older aircraft is justified. The FAA finds that the NTSB has 
submitted no new information that either was not considered by the FAA 
or that would justify developing a supplemental notice to incorporate 
this comment. No changes have been made as a result of the NTSB 
comment.
    Several members on staff at the West Virginia University (WVU) 
comment that a virtual flight data recorder that they have been 
developing is capable of achieving the same result that an actual 
flight data recorder can, at much lower costs to industry. Congressman 
Nick J. Rahall II and Senator John D. Rockefeller IV, both of West 
Virginia, and the Air Transport Association (ATA) submitted comments in 
support of the WVU comment. The ATA states that the FAA and the NTSB 
should fund this technology.
    FAA Response: The information presented in this comment is beyond 
the scope of this rulemaking action. It is ultimately the 
responsibility of the NTSB to determine whether this technology would 
be a useful accident investigation tool and provide the necessary 
funding for future research. The commenter's suggested methods of 
obtaining information from ``virtual'' flight data recorders in lieu of 
the proposed expanded flight data recorders, while interesting, would 
not satisfy the NTSB recommendations being addressed in this final 
rule, especially considering the NTSB's expressed need for directly 
recorded data. No change was made as a result of this comment.
    An individual comments that the FAA does not provide a cost benefit 
analysis in the NPRM. In addition, the commenter believes the proposed 
rule is unnecessary and will not automatically improve aviation safety. 
He presents a number of hypothetical probable causes for accidents 
discussed in the preamble of the NPRM and suggests that improved 
inspection, maintenance, and training would better serve to prevent 
similar accidents. The commenter also states that it is necessary to 
record both pilots' inputs (force and displacement) as well as the 
control surface positions.
    FAA Response: The NPRM contains a summary of a cost-benefit 
comparison. A more complete analysis is contained in the docket. The 
FAA disagrees that the proposed rule is unnecessary, although the 
immediate safety benefits may not be readily apparent. Currently, 
DFDR's are being used to aid accident investigation. Furthermore, the 
FAA is convinced that the enhanced data collection required by this 
rule will improve the accuracy and completeness of accident and 
incident investigations through the collection and analysis of more 
information. In addition, the FAA finds that the enhanced data 
collection required by this rule, and other voluntary measures being 
implemented by the air carriers, will provide enough data to recognize 
trends that may adversely affect flight operations in certain 
airplanes. Manufacturers and operators can analyze these trends and 
take corrective measures, if necessary, to avoid potential accidents or 
incidents.
    The FAA agrees that improved inspection, maintenance, and training 
are important elements of preventing accidents, but that there is no 
acceptable substitute for the additional data that will be gathered as 
a result of this rule.
    Regarding the comment on the requirement for recording from the 
pilot and the copilot both force and displacement, the FAA maintains 
that

[[Page 38372]]

the rule provides for the recording of both pilots' inputs. For 
clarification, the information in the ``Remarks'' column has been 
revised in the final rule.
    An individual comments that he would like to see another item added 
to the NPRM in light of the recent crashes of ValuJet and TWA. 
Specifically, he suggests that the rule require an independent, 
lightweight, stand-by power supply to the CVR and FDR in the event of 
main bus power failure. He believes that power source should be 
available for 5 to 10 minutes. He believes that the NTSB agrees with 
his comment and asks for consideration in future rules if this comment 
cannot be included in this rulemaking.
    FAA Response: The commenter did not present enough information to 
support the idea that a stand-by power supply would be useful during a 
catastrophic failure in which the recording sensors are disabled or 
destroyed. Since power sources for flight data recorder equipment were 
not part of the notice, the comment is beyond the scope of the rule, 
and no changes were made as a result of this comment.

Discussion of Comments to Proposals for Part 129

    Airbus Industrie comments that it believes the most recent 
international standards, as established by ICAO, should be sufficient 
to meet the intent of the NTSB recommendations, and believes that to 
require additional standards for non-U.S. operators would impose heavy 
retrofit costs. The commenter believes that most parameters proposed 
can, with currently installed equipment, be either recorded directly or 
reliably determined from other data, and requests that more flexibility 
be allowed to derive certain parameters from other data as an 
alternative to direct recording.
    FAA Response: The ARAC working group made every effort to make the 
proposal identical, where applicable, to the requirements of ED-55. 
However, the FAA has determined that those requirements alone are 
insufficient to satisfy the NTSB recommendations for U.S.-registered 
airplanes. Also, the FAA recognizes that there may be alternative 
methods available to obtain information, other than direct recording, 
but has determined that direct recordation is the most reliable method, 
and the best one to accomplish the needs of the NTSB. The NTSB has 
investigated a number of proposals wherein the proposed parameters were 
derived; however, the NTSB was not convinced that the methodology 
demonstrated was as accurate as direct recordation. No changes were 
made as a result of this comment.
    Lufthansa German Airlines comments that a four-year compliance time 
is not sufficient to modify its fleet and maintains that, at a minimum, 
six years would be needed.
    FAA Response: The commenter did not indicate the size of its fleet 
that would be subject to the retrofit requirements; however, the FAA 
would like to point out that the part 129 requirements apply only to 
U.S.-registered airplanes, not to the commenter's entire fleet. The FAA 
maintains that extending the compliance time would not significantly 
reduce the cost or down time involved per airplane. Since the commenter 
provided no further information regarding maintenance schedules or why 
the commenter could not meet a 4-year compliance date, no changes were 
made as a result of this comment.
    Japan Airlines Company, Ltd. (JAL) comments that its Aircraft 
Integrated Monitoring System (AIMS) FDAU is almost fully occupied by 
parameters that JAL uses for monitoring on-board and ground-based 
operations. JAL maintains that requiring the recordation of additional 
parameters or increasing sampling rates would require modifications 
(including reviewing and rearranging all of the word slot assignments 
in its FDAU's) that would cost several million dollars and would 
require several months to accomplish. JAL requests that the FAA exempt 
from the final rule those airlines that are currently operating with 
AIMS, or to exempt those airlines from the proposed increased sampling 
rates for DFDR parameters.
    FAA Response: As stated previously, the FAA acknowledges that some 
operators may have to change their preferred programming to accommodate 
recordation of the required parameters. The categories of aircraft 
retrofit created by this rule were chosen carefully to account for the 
majority of aircraft of a certain age and equipment installations. The 
requirements were set so as to not require overall equipment 
replacement for minimal gains. Accordingly, the FAA cannot exempt any 
aircraft simply because it is part of an AIMS-type system, as suggested 
by the commenter, without ignoring the carefully established 
categories. Moreover, JAL states that ``most of the newly-requested 
parameters are already recorded in (JAL's) DFDR,'' and that compliance 
would require a rearrangement of word slot assignments. JAL has not 
shown that this presents an undue regulatory burden or one that was not 
already considered by the FAA in this rulemaking.
    The FAA again acknowledges that this rule will place some economic 
burdens on operators. Discussion of comments on economic issues can be 
found in the Regulatory Evaluation section of this preamble.
    No other comments were received pursuant to these proposals. In the 
absence of sufficient, persuasive justification that is necessary to 
change the proposed regulations, they are adopted as proposed.

Discussion of Comments to the SNPRM

    Two commenters stated that they support the proposals in the SNPRM.
    TOIL submitted further comment to justify exemption of the DHC-6-
300 from the DFDR retrofit requirements. The commenter's main concern 
is with ``the proposed reversal of policy established by Flight 
Standards Information Bulletin 92-09'' and again urges the FAA to adopt 
its previous policy interpretation regarding airplanes brought onto the 
register after October 11, 1991, and to codify that previous policy. 
TOIL did not offer comments on the proposals in the SNPRM.
    FAA Response: The commenter seems to have misunderstood that the 
change in policy announced in the NPRM was a ``proposed'' reversal of 
policy. The change in policy was a determination already made; the NPRM 
was merely a conduit for announcing the change since the subject matter 
was relevant to the NPRM and the affected parties would be notified 
more efficiently using that document. As stated in the NPRM and the 
SNPRM, the previous policy interpretation was found to be inconsistent 
with the text of the rule. The FAA cannot, in good faith, allow 
operators to continue to operate without complying with the rule and 
has made no changes to the rule addressing the change of policy. 
Further explanation is provided in this preamble in the section, 
``Discussion of Policy Change'' below.
    One individual commented that the rule should address alternate 
methods of powering recording devices, stating that sometimes the 
busses powering the recorders are turned off for isolation purposes in 
the event of an emergency that involves fire or smoke.
    FAA Response: The FAA acknowledges the merit of this comment; 
however, the issue it addresses is outside the scope of this 
rulemaking; it may be considered in a future rulemaking action. No 
changes were made as a result of this comment.
    RAA comments that neither the NPRM nor the SNPRM have provided

[[Page 38373]]

data to suggest that adoption of the proposals will result in a 
reduction of accidents, and therefore the final rule should not be 
applicable for aircraft where it is shown that disproportionate 
economic hardship would result. The commenter feels that aircraft with 
10 to 19 passenger seats should be affected only if they are newly 
manufactured after October 11, 1991 (as opposed to being brought onto 
the U.S. register, as the rule currently states). RAA comments that if 
the FAA does insist on adopting the rule as proposed, the 2 year 
compliance time stated in the SNPRM should be revised to 4 years, 
stating that it doesn't make sense to propose a 2 year compliance time 
for some airplanes and 4 years for others.
    FAA Response: The FAA acknowledges that immediate benefits from 
this rule may not be readily recognized in terms of reducing accidents, 
and that DFDR's themselves can prevent accidents. However, to respond 
to the NTSB recommendations to provide better investigative tools for 
accidents and incidents, the FAA undertook this rulemaking action. 
Aviation industry representatives supplied the FAA with figures for the 
economic evaluation that was presented in the NPRM. The cost figures 
that the RAA submits in this comment refer only to the DHC-6-300, an 
airplane with a unique combination of cost factors. The FAA has 
determined that the DHC-6 will not have to comply with the DFDR 
requirements. Other operators that can justify why their airplanes 
should also be exempt, discussing the criteria outlined in the preamble 
of the NPRM and the SNPRM, may petition to have their airplanes added 
to the exemption paragraph in part 135.
    The FAA agrees that the 2-year compliance time for airplanes of 
operators that ``thought their aircraft were grandfathered to meet the 
current requirements of part 135, not for installation of an upgrade'' 
should be revised to read 4 years, and those affected airplanes will 
have 4 years to come into compliance. The compliance time language that 
was included in the SNPRM has been removed to avoid any confusion in 
compliance times. Affected operators have four years to comply, whether 
operating under part 135 or part 121. Further explanation is provided 
in this preamble in the section, ``Discussion of Policy Change'' below.
    The NTSB agrees with the intent of the SNPRM, but comments that 
specific language is needed to prevent part 121 operators from 
operating foreign-registered aircraft fitted with FDR's that have as 
few as five parameters. The commenter also states that the language 
intended to correct the policy decision discussed in the NPRM and SNPRM 
is somewhat confusing. The commenter feels that exemptions to 
Sec. 135.152 should be handled through the exemption process on a case-
by-case basis rather being addressed in rule language, and agrees that 
the ``out of production'' argument is not a sufficient reason for 
exclusion. The NTSB agrees that the increase in the minimum FDR 
recording duration for part 135 aircraft from 8 to 25 hours is an 
appropriate and timely change.
    FAA Response:  The language proposed in the SNPRM, that the flight 
data recorder requirements of Sec. 135.152 apply to aircraft registered 
outside the United States but placed on the U.S. operations 
specifications of an operator, is included in the final rule. In its 
comment, the NTSB indicates that specific language should also be added 
to part 121 requirements to ensure that all aircraft operated in part 
121 service, including those under foreign registration, are operated 
in accordance with the flight data recorder requirements of that part. 
The NTSB indicates that Sec. 121.153 would permit the use of foreign-
registered aircraft that record only 5 parameters of flight data. The 
FAA disagrees with the NTSB's reading of Sec. 121.153. Paragraph (c)(2) 
of that section requires that foreign-registered aircraft operated 
under part 121 must meet all of the requirements ``of this chapter (14 
CFR Chapter 1),'' which includes all of the part 121 requirements. 
Thus, any foreign-registered airplane operated under part 121 must meet 
the FDR requirements as though the aircraft were registered in the 
United States.
    However, after further consideration, the FAA has decided that 
Sec. 121.344a should contain the same language as Sec. 135.152 
concerning aircraft placed on the operations specifications of an 
operator. The ``brought on the U.S. register'' language of Sec. 135.152 
was repeated in new Sec. 121.344a(a), and the correction proposed for 
Sec. 135.152(a) in the SNPRM also applies to Sec. 121.344a(a). The 
language is included in the final rule for clarity and parallelism 
between the two sections. The FAA does not want to cause confusion in 
the applicability of Sec. 121.344a for airplanes that are subject to it 
beginning in March 1997.
    The FAA agrees that the simple fact that airplanes are out of 
production is not sufficient justification for their exclusion from the 
DFDR requirements. The number of out of production airplanes still 
operating is significant, and many airplanes have too much economic 
life remaining to allow them to operate with no or limited flight data 
recorders. The FAA disagrees that any exception to this rule be handled 
as exemptions on a case-by-case basis. The FAA does not grant blanket 
permanent exemptions, and use of that process would necessitate the 
reapplication of affected parties every two years. The FAA does not 
anticipate that circumstances would change so as to justify later the 
retrofit of the airplanes listed in this final rule as exempt. Further, 
because these exceptions are listed for aircraft types, it is more 
efficient to list them as part of the rule rather than having 
individual operators apply on behalf of themselves and all affected 
operators of a certain airplane type design.

Discussion of Policy Change

    In the preamble to Notice No. 96-7, the FAA announced a change in 
policy regarding certain airplanes that were brought on the U.S. 
register after October 11, 1991 (61 FR 37154, July 16, 1996). The 
language of current Sec. 135.152 is clear that any aircraft subject to 
that section that was brought onto the U.S. register after that date 
would have to meet the flight data recorder requirements of that 
section. As explained in that Notice, there has been at least one 
previous policy determination that certain airplanes--those that were 
on the register before October 11, 1991, were taken off, and were added 
to the register again after October 11, 1991--do not have to meet the 
DFDR requirements because of their previous registration. As noted, 
this policy is inconsistent with the clear language of the rule, and 
with the recently adopted rules making part 135 scheduled commuter 
airplanes subject to part 121 beginning in March 1997.
    Comments to the NPRM and SNPRM, and telephone inquiries by 
operators, indicate to the FAA that some commenters thought that this 
is a proposed policy change. Commenters also took the opportunity to 
suggest alternative policies to cover these airplanes, including a 
change in Sec. 135.152 to make it applicable only to airplanes 
manufactured after October 11, 1991. (See response at discussion of 
TOIL's comments, above.) Further, the NPRM did not contain any proposed 
compliance time for aircraft affected by the policy change, nor did it 
specifically indicate that the policy change affects all aircraft--
airplanes and rotorcraft--subject to Sec. 135.152.
    In the SNPRM, the FAA proposed to give operators that had been 
operating under the old policy two years to comply with the regulation. 
The

[[Page 38374]]

commenters note, however, that this places a burden on some operators, 
and could cause operators of certain airplanes that are now subject to 
part 121 requirements to possibly undergo a second retrofit--first to 
meet Sec. 135.152 because of the policy change and again to meet 
Sec. 121.344a.
    The FAA agrees that the proposed compliance time of two years may 
be short, and understands the confusion that resulted from the change 
in policy being announced in the NPRM and discussed again in the SNPRM. 
Accordingly, the policy change is effective on the effective date of 
this final rule. Operators of airplanes or rotorcraft that were 
operating pursuant to the old policy will have four years from the 
effective date of this rule in which to comply with Sec. 135.152. 
Affected operators should note, however, that there is no change to the 
rule language of Sec. 135.152 to indicate that this compliance period 
exists. The FAA found that a change in the rule language could be 
interpreted to apply to all operators, rather than those affected by 
the policy change; the compliance date proposed in the supplemental 
notice is not adopted in this final rule.

Changes Adopted in the Final Rule

    As a result of comments to the NPRM, the following changes were 
made:
    (1) The Lockhead Aircraft Corporation Electra L-188 airplane was 
added to the list of airplanes that need not comply with proposed 
Secs. 121.344 and 125.226, but must continue to comply with 
Sec. 121.343 or 125.225, whichever is appropriate:
    (2) The reference to Fairchild Aircraft, Inc. FH 227 was corrected 
to reflect the manufacturer of the FH 227 is Fairchild Industries;
    (3) In all appendices, the following comment was added to the 
Remarks column for Parameter #88: For airplanes that have a flight 
control break away capability that allows either pilot to operate the 
controls independently, record both control force inputs. The control 
force inputs may be samples alternatively once per 2 seconds to produce 
the sampling interval of 1;
    (4) Technical changes to the appendices, including sampling rates; 
and
    (5) Typographical errors were corrected and minor editorial changes 
were incorporated.
    As a result of the SNPRM and comments to the SNPRM, the following 
changes were made:
    (1) Proposed Sec. 121.344a(a) and comment Sec. 135.152(a) were 
revised to include turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seat, of 10 to 
19 seats, that were brought onto the U.S. register after, or that were 
registered outside the United States and added to the operator's U.S. 
operation specifications after, October 11, 1991;
    (2) Section 135.152(k) was added to state that the deHavilland DHC-
6 (The Twin Otter) airplane need not comply with DFDR rules. Parts 121 
and 125 already included exception paragraphs; the DHC-6 was the only 
part 135 airplane for which justification was shown to grant 
noncompliance;
    (3) References in part 135 to 8 hours of recorded aircraft 
operation were revised to read 25 hours, which reflects the current 
industry standard; and
    (4) The rule language proposed in the SNPRM to allow a 2 year 
compliance time for airplanes currently not in compliance was not 
adopted in the final rule. These aircraft were operating without DFDR's 
based on a previous policy interpretation, the reversal of which was 
announced in the preamble of the NPRM. The policy interpretation was 
changed to be consistent with the current rule language, and no change 
in the rule language is necessary.
    (5) Each of the exemption paragraphs has been revised to indicate 
that the exemption applies only to aircraft manufactured before the 
effective date of this final rule.

                Flight Data Recorder Upgrade Requirements               
------------------------------------------------------------------------
                                                           Category 4   
  Category 1 No    Category 2  FDAU,     Category 3      FDAU, mfd 3 (or
 FDAU*, mfd on or   mfd on or before   FDAU, mfd after   5) years after 
 before 10/11/91        10/11/91          10/11/91         final rule   
------------------------------------------------------------------------
                           CURRENT PARAMETERS                           
------------------------------------------------------------------------
11 parameters      17 parameters      Up to 29          29 parameters   
                                       parameters                       
------------------------------------------------------------------------
                           PROPOSED PARAMETERS                          
------------------------------------------------------------------------
17/18 parameters   17-22 parameters   34 parameters     57 parameters (3
                                                         years)         
                                                        88 parameters (5
                                                         years)         
------------------------------------------------------------------------
                                AIRPLANES                               
------------------------------------------------------------------------
1929 airplanes     1360 airplanes     1036 airplanes    All newly       
 over 30 seats;     over 30 seats      over 30 seats     manufactured   
 727, 737, DC-8,   704 turboprops     673 airplanes 10-  airplanes      
 DC-9, F-28        A-320, 737, 747,    19 seats         Existing        
                    757, 767, DC-10,  277 airplanes 20-  derivatives and
                    F-28, MD-80, ATR-  30 seats          any new type   
                    42, EMB-120,      737, 747, 757,     certificates   
                    SAAB 340, DHC-8,   767, 777, F-                     
                    L-1011             100, MD-11, MD-                  
                                       80, MD-88, MD-                   
                                       90, ATR-72                       
------------------------------------------------------------------------
* FDAU=Flight Data Acquisition Unit                                     

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization regulations and Joint Aviation Authority regulations, 
where they exist. Any differences between those documents and these 
regulations are of a minor, technical nature, and are deemed 
insignificant. As noted in the discussion of comments, the review 
included the technical material for parameters numbered 1 through 57. 
Beyond parameter 57, no international standards exist. The differences 
noted above will not adversely affect harmonization.

Paperwork Reduction Act

    This final rule contains information collections which are subject 
to review by OMB under the Paperwork Reduction Act of 1995 (Pub. L. 
104-13). The title, description, and respondent description of the 
annual burden are shown below.

[[Page 38375]]

    Title: Revisions to Digital Flight Data Recorders Rules.
    Description: This regulation revises and updates the Federal 
Aviation Regulations to require that certain airplanes be equipped to 
accommodate additional digital flight data recorder (DFDR) parameters. 
These revisions follow a series of safety recommendations issued by the 
National Transportation Safety Board (NTSB), and the Federal Aviation 
Administration's (FAA) decision that the DFDR rules should be revised 
to upgrade recorder capabilities in most transport airplanes. These 
revisions will require additional information to be collected to enable 
more thorough accident or incident investigation and to enable industry 
to predict certain trends and make necessary modifications before an 
accident or incident occurs.
    Description of Respondents: Businesses or other for profit 
organizations.
    There are no annual reporting or recordkeeping burdens associated 
with this rule. The information is collected automatically, 
electronically. It is retained for only 25 hours, and is overwritten on 
a continuing basis. In the event of an accident or incident, the 
information is downloaded by the NTSB as a part of its statutory 
mission. The airplane operators are not required to keep the 
information, nor to report it.
    Cost estimates shown here are aggregates for the entire 4-year 
compliance time frame. In determining capital and start-up costs to the 
airline industry, the FAA has assumed that in determining the figures, 
commercial airline operators took into account the annualized expected 
useful life of the equipment to be installed in their aircraft. Total 
capital investment costs, as detailed in the Regulatory Evaluation are 
estimated at $155.4 million ($131.6 million discounted), and 
engineering costs are estimated at $3.2 million ($2.7 million 
discounted). Other costs, which include recurrent and nonrecurrent 
maintenance costs and costs associated with retrieving information from 
DFDR units following an accident or incident, are estimated at $16.4 
million ($11.4 million discounted).
    The agency solicits public comment on the information collection 
requirements in order to: (1) Evaluate whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information will have practical 
utility; (2) evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (3) enhance the 
quality, utility, and clarity of the information to be collected; and 
(4) minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Individuals and organizations may submit comments on the 
information collection requirements by September 15, 1997, and should 
direct them to the address listed in the ADDRESSES section of this 
document. Comments should also be submitted to the Office of 
Information and Regulatory Affairs, OMB, New Executive Office Bldg., 
Room 10202, 725 17th St. NW, Washington, DC 20503, Attention, Desk 
Officer for FAA.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. The burden 
associated with this final rule has been submitted to OMB for review. 
The FAA will publish a notice in the Federal Register notifying the 
public of the approval numbers and expiration date.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade.
    With regard to Executive Order 12866, the FAA determined that this 
rulemaking is significant because of the substantial public interest in 
obtaining flight data and the NTSB's ability to conduct full 
investigations. Accordingly, the FAA evaluated two alternative 
approaches. In consideration of these alternatives, the FAA has 
concluded that (1) shortening the compliance time frame to two years as 
analyzed in the NPRM, would increase the cost of this rulemaking by as 
much as $170.6 million, discounted; and (2) adopting a simulator 
methodology to obtain more DFDR parametric detail, although less 
costly, would not measure all parameters specified in this final rule, 
nor satisfactorily meet the needs of the NTSB. Hence, the FAA has 
rejected both of these alternative approaches.
    With regard to the Regulatory Flexibility Act of 1980, the FAA has 
determined that a substantial number of small entities will not be 
significantly affected economically by this final rule. With regard to 
the OMB directive, the FAA has concluded that this final rule could 
have a potential, but insignificant, indirect affect on international 
trade. A full regulatory evaluation of the final rule providing a 
detailed discussion of the costs and benefits summarized in this 
section is available in the docket for this rulemaking action.

Costs

    To obtain representative and comprehensive information from which 
to develop the industry costs of this final rule, the FAA relied on the 
responses of the Air Transport Association (ATA) and the Regional 
Airline Association (RAA) members to an air carrier cost survey 
developed by the ARAC working group. (The FAA augmented this 
information with adjusted cost analyses from the recently effectively 
commuter rule). The principle aggregate costs detailed in the cost 
survey were (1) equipment and inventory/spares; (2) engineering, 
installation, and other costs, inclusive of recurrent maintenance 
costs; and (3) aircraft out-of-service costs, which reflect net 
operating revenue losses resulting from unscheduled aircraft downtime.
    The FAA estimates that total costs for air carriers operating 
turbojets under part 121 would equal $308.9 million ($259.1 million, 
discounted) within the 4-year compliance time frame of this rulemaking. 
The equivalent total turboprop fleet costs for air carriers operating 
under part 121 are estimated to be $30.4 million ($25.8 million, 
discounted) under the same 4-year compliance time frame. Estimates of 
the total 4-year compliance time frame costs for part 135, 10-19 seat 
aircraft required to operate under part 121 as of March 1997 are $26.4 
million ($22.3 million, discounted) and for part 135, 20-30 seat 
aircraft, are $10.9 million ($9.2 million, discounted). Total part 135 
costs are $37.3 million ($31.5 million, discounted). Thus, the 
estimated total 4-year compliance time frame discounted costs for the 
retrofits required under this final rule are $316.3 million.
    The costs associated with upgrading the industry's turbojet fleet 
with the new DFDR requirements are in excess of 80 percent of the total 
air carrier industry costs (turbojets, turboprops and part 135 
airplanes required to begin operating under part 121 in 1997). Just 
over 20 percent of the total turbojet fleet costs ($70.1 million; $59.4 
million,

[[Page 38376]]

discounted) are out-of-service costs or lost net operating revenues 
that result from this rulemaking. No similar estimates of the out-of-
service costs were provided to the FAA for either the turboprop fleet 
or part 135 carriers that will now be required to operate under part 
121. Proportionately however, the FAA does not expect these to be 
significantly different than those estimated for the turbojet fleet.

Benefits

    The FAA finds that the benefits that will result from this final 
rule can be considered as two interrelated areas. First, there are 
inherent, non-measurable benefits that evolve from increasing the 
volume of detailed accident and incident information from which the 
aviation industry as a whole can draw upon as an added resource. 
Second, there are the direct, measurable benefits that would result 
from potentially averting an accident as a result of the DFDR 
enhancements.
    In the first instance, this final rule supports the recent 
voluntary efforts of those air carriers that have introduced data 
acquisition enhancements into their newer model airplanes. This subset 
of new airplanes with upgraded DFDR's has provided certain air carriers 
with ``quick access'' capability and allowed for the development of 
integrated maintenance and training programs predicated on the 
additional information being collected. It has also allowed for more 
rapid and comprehensive detail to be obtained by the FAA and NTSB in 
certain recent airplane accidents. The inherent benefits resulting from 
this rulemaking will evolve as all commercial air carriers adopt the 
required DFDR enhancements in their airplanes.
    Although DFDR's do not in and of themselves prevent accidents, 
through their use as an investigative tool when accidents or incidents 
do occur, trends that may adversely affect flight operations in certain 
airplanes can be determined. Accident investigators in obtaining a 
greater understanding of the accident dynamics from the DFDR 
information, can, in turn, be used to more easily determine the 
probable causes of accidents and incidents. With this knowledge, a 
``fix'' can be developed to reduce the chance of a similar occurrence 
in the future.
    In the second instance noted above, although the FAA is not able to 
quantify precisely the likely benefits that will ultimately result from 
this rulemaking, the FAA anticipates that the DFDR enhancements 
required by this final rule will lead to a reduction in accidents and a 
saving of lives. As a result of analyzing incidents involving aircraft 
with DFDR enhancements in place, the FAA finds that there is a 
reasonable prospect that as many as 1.43 accidents could be prevented 
over the next 20 years. This could save up to 143 lives. The FAA 
anticipates that, particularly in light of the NTSB recommendations, 
information concerning enhanced parameters can be collected cost-
effectively; it is also expected that the FAA will be able to use 
incident information to reduce accidents of the nature that are 
currently of undetermined cause.

Benefit Cost Comparison

    The FAA cautions that the cost analysis detailed in the preceding 
sections is not necessarily exhaustive. The purpose of this rulemaking 
is to require the installation of DFDR's that record more flight 
information. This in turn, will allow industry to recognize certain 
trends in order to make any necessary modifications to avoid future 
accidents or incidents. Thus, the FAA presumes that, as a result of 
this rulemaking, the quantity and quality of information will increase. 
To the extent that NTSB is able to make findings of probable cause in 
the event of accidents or incidents, the FAA will be able to determine 
what, if any, appropriate additional action is needed to prevent a 
recurrence of those kinds of accidents or incidents.
    Future FAA actions could take the form of Advisory Circulars, 
Airworthiness Directives, or possibly, additional rulemaking. The costs 
of these follow-on FAA actions could vary from negligible costs to 
considerable costs of some unknown amount. While the costs of such 
future follow-on actions by the FAA might be considered part of the 
costs of this rulemaking, the FAA cannot estimate the costs of these 
unknown future actions. The FAA acknowledges that, to the extent that 
the costs of any follow-on actions are more than negligible, the 
current cost estimates would tend to underestimate the total cost of 
this rulemaking.

Public Comments on Economic Issues in the NPRM

    The FAA received comments from twenty-six parties in response to 
the published DFDR NPRM. Most of the comments concerned engineering and 
other technical detail germane to the reconfiguration requirements; 
fewer comments presented any detailed economic considerations of the 
proposed rule. This was expected since the regulatory evaluation and 
economic analysis were derived from the airline-specific cost 
information as provided through the ATA and RAA, both of which 
participated in the ARAC process. The comments containing more specific 
economic content are summarized below.
    Several commenters addressed specific issues with regard to 
airplanes currently operating under part 135. Piedmont Airlines notes 
that the recorders currently used in its ATR-72 record 98 parameters 
and those used in its SAAB 340 record 128 parameters. In both cases, 
certain of the parameters specified by this rulemaking are not 
currently being recorded but could be derived; the cost however, to 
retrofit these airplanes to be in compliance would be about $100,000 
per aircraft. Similarly, Aerospatiale and Alenia (ATR), manufacturers 
of ATR airplanes, suggest some requirements flexibility should be 
introduced for those airplanes such as the ATR 42/72 with recorder 
requirements that are essentially in harmonization with EUROCAE ED-55 
requirements.
    Comments submitted by the RAA include statements by RAA members 
that question the rationale of including for retrofit certain aircraft 
that currently have demonstrably effective recorder systems. In 
addition to the above noted ATR 42, ATR 73 and SAAB 340, the RAA, in an 
attachment submitted by Atlantic Southeast Airlines, Inc. (ASA), 
objects to the retrofit of BAe 146 and EMB-120 aircraft. ASA also cites 
a previous estimate submitted by Aerospatiale to retrofit the ATR 72 as 
costing $30,000 and 20 man-hours per aircraft, and a previous estimate 
submitted by AVRO to retrofit the BAe 146 as costing $110,000, 1200 
man-hours, and 2.5 weeks downtime per aircraft.
    In another statement submitted with the RAA comment, Comair 
believes the recorder capabilities currently employed on its in-service 
fleet far exceed those of the rulemaking's ``target aircraft'', e.g., 
older 737's and DC-9's. Comair also provided retrofit cost data for its 
fleet of 40 Embraer EMB 120 aircraft ($51,450 and 6 days downtime per 
aircraft) and its fleet of 70 Canadair CL600-2B19 regional jets 
($136,600 and 6 days downtime per aircraft). Although not part of the 
RAA comment and attachments, Embraer also provided detailed cost 
information for the retrofitting of the EMB-120 aircraft under each of 
the categories specified in the rule. Embraer's retrofit cost estimates 
are more in line with those presented in the NPRM and considerably less 
than those cited above.
    A statement from USAir Express notes that the cost data submitted 
by the RAA

[[Page 38377]]

were primarily for aircraft operated by RAA members under part 121, not 
part 135 as estimated in the regulatory evaluation; only the EMB-120 is 
operated exclusively under part 135. As a consequence, RAA/USAir 
Express suggest that the FAA cost estimates for retrofitting aircraft 
operating under part 121 are from 5 percent to 10 percent low.
    Finally, Twin Otter International (TOIL) contends that the DHC-6-
300, which is no longer in production, was not designed for FDR's and 
no engineering data exists to support an FDR installation. TOIL 
estimates the costs to redesign the DHC-6-300 aircraft systems and 
recertify would be in excess of $130,000, and deHavilland, the Twin 
Otter manufacturer, has no interest in participating in the cost of 
certifying/retrofitting the DHC-6-300. TOIL concludes that application 
of the rule would inhibit the ability of U.S. operators to purchase 
additional aircraft, particularly since the majority of available Twin 
Otters are registered outside the U.S.
    FAA Response: The FAA appreciates the additional cost detail 
regarding aircraft operating under part 135 as provided in these 
comments, as well as the clarification of the cost detail as provided 
by the RAA. The FAA relied heavily on ARAC working group members to 
supply accurate and timely cost detail and economic information. This 
reliance also assumed that the cost detail supplied clearly delineated 
the retrofit costs associated with aircraft operating under part 135 
from those operating under part 121.
    With regard to the so-called ``requirements flexibility'' or 
possible exemption of certain aircraft, this is not a matter for 
consideration in the regulatory evaluation. It should be noted that the 
ARAC working group, with significant industry input, concluded that the 
differences between the NTSB recommendations and ED-55 would be 
insignificant for U.S. operators. Finally, with regard to the DHC-6-300 
airplane (the Twin Otter) the FAA received sufficient information to 
support the exemption of these aircraft operated under part 135. 
Section 135.152(k) was added to provide that exemption.
    Several comments were received regarding the 88 parameter list for 
airplanes in category V (those that will be manufactured five years 
after the effective date of this rule), most of which noted the absence 
of a detailed cost/benefit analysis specific to this requirement for 
future newly manufactured aircraft. Airbus Industrie notes an inexact 
match between the 88 or more parameters currently being recorded by 
some European manufacturers of FDRs and those on the NTSB list. This is 
also true of the currently operational A300-600/310 and A319/320/321 
aircraft which can record up to 270 parameters and the A330/A340 models 
which can record up to 400 parameters.
    The Air Line Pilots Association (ALPA) notes that the cost data 
supplied by ATA and RAA was inclusive only up to 57 parameters 
(category IV), but contends that there is no justifiable technical or 
economic reason not to include 88 parameters 3 years (not 5 years) 
after the promulgation of the final rule as is the case with the 57 
parameter group. Fairchild Aircraft disagrees with the position that 
newly manufactured 10-19 seat airplanes should be required to have 
either 57 parameters within 3 to 5 years after issuance of the final 
rule or 88 parameters 5 years after issuance of the final rule. 
Fairchild Aircraft also maintains that compliance with Sec. 135.152 is 
more than adequate for airplanes operating under part 135. Fairchild 
Aircraft, one of two U.S. manufacturers of commuter category airplanes 
also included aggregate recurring and non-recurring cost estimates for 
retrofitting its Metro 23 airplane to be in compliance with final 
rule's 57 and 88 parameter requirements. The General Aviation 
Manufacturers Association (GAMA) notes that under all scenarios, the 
cost of this rule exceed the benefits and faults the FAA with not 
having developed separate cost/benefit analysis for newly manufactured 
aircraft (57 or 88 parameters); GAMA believes this to be required under 
the law. Finally, ATA contends that the disharmony arising over the 31 
parameter discrepancy (88 vs. 57 parameters) would affect sales/
transfers of airplanes between European airlines/carriers and U.S. 
airlines/carriers.
    FAA Response: The FAA notes that no cost detail for the 88 
parameter list was included in the information provided by ATA or RAA 
for analysis in the NPRM, and the detail that was provided for the 57 
parameter list was incomplete and essentially unusable. In both cases, 
this was due to the lack of adequate vendor cost detail for products 
which may not even be on the market as yet, and the generally 
speculative nature that would be required or air carriers in developing 
macro cost breakouts for newly manufactured airplanes in the future. 
These impediments were recognized by the ARAC working group, and, as a 
consequence, no request for this information was tendered.
    With regard to the remaining issues noted above concerning the 
parameter requirements of newly manufactured airplanes, the potential 
cost burden, and the apparent excessive cost/benefit ratio, Federal 
regulations in general, require only that the complete rule be 
subjected to a cost/benefit analysis, not its component parts. 
Furthermore, although the cost information provided by ATA and RAA 
allowed detailed analysis of the first three aircraft categories, an 
analysis of the benefits cannot be estimated in similar manner; 
benefits therefore, were determined for the overall rule. Finally, as 
noted in the preamble, cost alone cannot justify ignoring the 
recognized potential safety gains inherent in this rule, the inclusion 
of certain airplanes now operating under part 135 to comply with the 
requirements of part 121 is a result of the commuter or ``one level of 
safety'' rule.
    With regard to parts vendors and the disaggregation of materials 
costs, comments were received from two suppliers (Flight Systems 
Engineering, Inc. and Patriot Sensors and Controls Corporation) and one 
trade association (Airlines Pilot Association (ALPA)). The vendors' 
comments addressed the costs of specific equipment components and the 
lead time required to meet orders. A portion of ALPA's comments focused 
on the need for a more extensive review of cost data and recommended 
contacting individual manufacturers of FDRs and FDAUs.
    FAA Response: The FAA appreciates the logistics information 
regarding vendor lead times which are well within the 4-year compliance 
time of this final rule. The FAA however, notes that the cost data 
developed for this rulemaking was provided by ATA and RAA at the 
aggregate level; it does not lend itself to the micro detail of 
specific retrofit components. No changes to the regulatory evaluation 
or the rule were made in response to these comments.
    Finally, a comment was submitted by the Department of Civil and 
Environmental Engineering of the University of West Virginia (WVU) 
proposing an alternative approach to the retrofitting requirements of 
this rule based on Artificial Intelligence, or more specifically, 
Neural Network theory. Relying on an alternate set of assumptions, the 
WVU team estimates the cost of the DFDR final rule at $1.046 billion, 
or more than three times the FAA estimate, and offers their software-
based system, the Virtual Flight Data Recorder (VFDR), as a low-cost 
alternative. Utilizing the data taken from an existing conventional 11-
parameter FDR, the VFDR, according to the WVU

[[Page 38378]]

team, would accurately ``reconstruct'' most of the additional 
parameters detailed in the final rule via a Neural Network mapping 
process at a cost of about $800-$1,000 per aircraft, or about 1 percent 
of their cost estimate for this final rule. The WVU comment concludes 
that the opportunity cost of the hard retrofit is lost savings which 
could be invested in a variety of safety enhancements.
    FAA Response: The FAA appreciates the efforts of the WVU team in 
presenting an innovative, low-cost ``simulator'' alternative to the 
hardware retrofits that will be required by this rule. However, the 
rulemaking is concerned with expanding the number of parameters to be 
recorded as requested by the NTSB, not with revising the means by which 
additional data can be collected. The NTSB has made it clear that its 
requirements must be met by direct parametric measurement via recorder, 
and has not supported industry comments with respect to parameter 
redundancy or inference from parameters already recorded. The FAA 
supports the continued efforts on the part of the WVU team to 
disseminate VFDR information to the NTSB, FAA Research Office and 
airline industry. The FAA, through this rulemaking, takes no position 
at this time on the VFDR or the commenter's measurement of the 
opportunity costs of this final rule.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily or 
disproportionately burdened by Federal regulations. The RFA requires 
regulatory agencies to review rules which may have ``a significant 
economic impact on a substantial number of small entities.'' For this 
final rulemaking, a ``small entity'' is an operator of aircraft for 
hire that owns, but does not necessarily operate, nine (9) aircraft or 
fewer. A ``substantial number of small entities'', as defined in FAA 
order 2100.14A--Regulatory Flexibility Criteria and Guidance, is a 
number (in this instance, the number of operators) that is not fewer 
than eleven and is more than one-third of the small entities subject to 
final rule.
    A ``significant economic impact'' or cost threshold, is defined as 
an annualized net compliance cost level that exceeds (1) $122,400 (1995 
dollars) in the case of scheduled operators of aircraft for hire whose 
entire fleet has a seating capacity in excess of 60 seats; (2) $69,800 
(1995 dollars) in the case of scheduled operators of aircraft for hire 
for which the entire fleet has a seating capacity less than or equal to 
60 seats; and (3) $4,900 (1995 dollars) in the case of unscheduled 
operators of aircraft for hire.
    The FAA has determined the annualized costs (20 years) for 
scheduled operators of large aircraft to be $5,611 per aircraft. 
Multiplying this estimate by 9 (the upper bound of the small entity 
criteria) yields a result of $50,501. This estimate is significantly 
below the minimum compliance cost criteria of $122,400 for scheduled 
operators of large aircraft.
    The FAA has also determined the annualized costs (20 years) for 
scheduled operators of small aircraft to be $3,067 per aircraft. The 
upper bound costs for consideration within the small entity (9 
aircraft) criteria are $27,603, which is well below the minimum 
compliance cost of $69,800. Thus, the FAA has determined that a 
substantial number of small entities will not be significantly affected 
by this final rule.

International Trade Impact Assessment

    The FAA anticipates that revisions to digital flight data recorder 
rules could have some indirect affect on international trade. The FAA 
finds that while the final rule will not effect non-U.S. operators of 
foreign aircraft operating outside the United States, it could affect 
the suppliers of materials required for retrofitting the affected 
aircraft in the domestic fleet. Domestic sources of the required 
retrofit components may not be able to meet all of the increased demand 
of the domestic air carriers for DFDR's as these air carriers increase 
their orders to meet the compliance time frame for these regulations. 
Foreign producers may benefit by supplying the unfilled orders.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
final rule is a significant regulatory action under Executive Order 
12866. In addition, the FAA certifies that this rule will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. This rule is considered significant under Department 
of Transportation Order 2100.5, Policies and Procedures for 
Simplification, Analysis, and Review of Regulations. A regulatory 
evaluation of the rule, including a Regulatory Flexibility 
Determination and International Trade Impact Analysis, has been placed 
in the docket. A copy may be obtained by contacting the person 
identified under the heading FOR FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 121

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

14 CFR Part 125 and Part 129

    Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 135

    Aviation safety, Reporting and recordkeeping requirements.

The Amendment

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

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    2. Section 121.344 is revised to read as follows:


Sec. 121.344   Digital flight data recorders for transport category 
airplanes.

    (a) Except as provided in paragraph (1) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flight data 
recorders required by this section are as follows: the phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameter is not intended to require a change in 
installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;

[[Page 38379]]

    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (a)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in Appendix M of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is 
installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, 
control column, rudder pedal).
    (b) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991, by August 20, 2001.
    (1) For airplanes not equipped as of July 16, 1996, with a flight 
data acquisition unit (FDAU), the parameters listed in paragraphs 
(a)(1) through (a)(18) of this section must be recorded within the 
ranges and accuracies specified in Appendix B of this part, and--
    (i) For airplanes with more than two engines, the parameter 
described in paragraph (a)(18) is not required unless sufficient 
capacity is available on the existing recorder to record that 
parameter;
    (ii) Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (2) For airplanes that were equipped as of July 16, 1996, with a 
flight data acquisition unit (FDAU), the parameters listed in 
paragraphs (a)(1) through (a)(22) of this section must be recorded 
within the ranges, accuracies, and recording intervals specified in 
Appendix M of this part. Parameters listed in paragraphs (a)(12) 
through (a)(17) each may be recorded from a single source.
    (3) The approved flight recorder required by this section must be 
installed at the earliest time practicable, but no later than the next 
heavy maintenance check after August 18, 1999 and no later than August 
20, 1997. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (c) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991--

[[Page 38380]]

    (1) That were equipped as of July 16, 1996, with one or more 
digital data bus(es) and an ARINC 717 digital flight data acquisition 
unit (DFDAU) or equivalent, the parameters specified in paragraphs 
(a)(1) through (a)(22) of this section must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix M of this part by August 18, 2001. Parameters listed in 
paragraphs (a)(12) through (a)(14) each may be recorded from a single 
source.
    (2) Commensurate with the capacity of the recording system (DFDAU 
or equivalent and the DFDR), all additional parameters for which 
information sources are installed and which are connected to the 
recording system must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix M of this 
part by August 18, 2001.
    (3) That were subject to Sec. 121.343(e) of this part, all 
conditions of Sec. 121.343(e) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes 
that were manufactured after October 11, 1991--
    (1) The parameters listed in paragraph (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix M of this 
part by August 20, 2001. Parameters listed in paragraphs (a)(12) 
through (a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix M of this part by August 20, 2001.
    (e) For all turbine-engine-powered transport category airplanes 
that are manufactured after August 18, 2000--
    (1) The parameters listed in paragraph (a)(1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, 
and recording intervals specified in Appendix M of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in Appendix M of this part.
    (f) For all turbine-engine-powered transport category airplanes 
that are manufactured after August 19, 2002 the parameters listed in 
paragraph (a)(1) through (a)(88) of this section must be recorded 
within the ranges, accuracies, resolutions, and recording intervals 
specified in Appendix M of this part.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed by this 
section, as appropriate, until the airplane has been operated for at 
least 25 hours of the operating time specified in Sec. 121.359(a) of 
this part. A total of 1 hour of recorded data may be erased for the 
purpose of testing the flight recorder or the flight recorder system. 
Any erasure made in accordance with this paragraph must be of the 
oldest recorded data accumulated at the time of testing. Except as 
provided in paragraph (i) of this section, no record need be kept more 
than 60 days.
    (i) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board 
under 49 CFR 830 of its regulations and that results in termination of 
the flight, the certificate holder shall remove the recorder from the 
airplane and keep the recorder data prescribed by this section, as 
appropriate, for at least 60 days or for a longer period upon the 
request of the Board or the Administrator.
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are 
the same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes that were manufactured before August 
18, 1997 need not comply with this section, but must continue to comply 
with applicable paragraphs of Sec. 121.343 of this chapter, as 
appropriate:
    (1) Airplanes that meet the State 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under Part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) General Dynamics Convair 580, General Dynamics Convair 600, 
General Dynamics Convair 640, deHavilland Aircraft Company Ltd. DHC-7, 
Fairchild Industries FH 227, Fokker F-27 (except Mark 50), F-28 Mark 
1000 and Mark 4000, Gulfstream Aerospace G-159, Lockheed Aircraft 
Corporation Electra 10-A, Lockheed Aircraft Corporation Electra 10-B, 
Lockheed Aircraft Corporation Electra 10-E, Lockheed Aircraft 
Corporation Electra L-188, Maryland Air Industries, Inc. F27, 
Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited SD3-30, 
Short Bros. Limited SD3-60.
    3. Section 121.344a is added to read as follows:


Sec. 121.344a  Digital flight data recorders for 10-19 seat airplanes.

    (a) Except as provided in paragraph (f) of this section, no person 
may operate under this part a turbine-engine-powered airplane having a 
passenger seating configuration, excluding any required crewmember 
seat, of 10 to 19 seats, that was brought onto the U.S. register after, 
or was registered outside the United States and added to the operator's 
U.S. operations specifications after, October 11, 1991, unless it is 
equipped with one or more approved flight recorders that use a digital 
method of recording and storing data and a method of readily retrieving 
that data from the storage medium. On or before August 18, 2001, 
airplanes brought onto the U.S. register after October 11, 1991, must 
comply with either the requirements in this section or the applicable 
paragraphs in Sec. 135.152 of this chapter. In addition, by August 18, 
2001.

[[Page 38381]]

    (1) The parameters listed in Secs. 121.344(a)(1) through 
121.344(a)(11) of this part must be recorded with the ranges, 
accuracies, and resolutions specified in Appendix B of part 135 of this 
chapter, except that--
    (i) Either the parameter listed in Sec. 121.344 (a)(12) or (a)(15) 
of this part must be recorded; either the parameters listed in 
Sec. 121.344(a)(13) or (a)(16) of this part must be recorded; and 
either the parameter listed in Sec. 121.344(a)(14) or (a)(17) of this 
part must be recorded.
    (ii) For airplanes with more than two engines, the parameter 
described in Sec. 121.344(a)(18) of this part must also be recorded if 
sufficient capacity is available on the existing recorder to record 
that parameter;
    (iii) Parameters listed in Secs. 121.344(a)(12) through 
121.344(a)(17) of this part each may be recorded from a single source;
    (iv) Any parameter for which no value is contained in Appendix B of 
part 135 of this chapter must be recorded within the ranges, 
accuracies, and resolutions specified in Appendix M of this part.
    (2) Commensurate with the capacity of the recording system (FDAU or 
equivalent and the DFDR), the parameters listed in Secs. 121.344(a)(19) 
through 121.344(a)(22) of this part also must be recorded within the 
ranges, accuracies, resolutions, and recording intervals specified in 
Appendix B of part 135 of this chapter.
    (3) The approved flight recorder required by this section must be 
installed as soon as practicable, but no later than the next heavy 
maintenance check or equivalent after August 18, 1999. A heavy 
maintenance check is considered to be any time an airplane is scheduled 
to be out of service for 4 more days and is scheduled to include access 
to major structural components.
    (b) For a turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seat, of 10 to 
19 seats, that are manufactured after August 18, 2000.
    (1) The parameters listed in Secs. 121.344(a)(1) through 
121.344(a)(57) of this part, must be recorded within the ranges, 
accuracies, resolutions, and recording intervals specified in Appendix 
M of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters listed in Sec. 121.344(a) of this part for which 
information sources are installed and which are connected to the 
recording system, must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix M of this 
part by August 18, 2001.
    (c) For all turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seats, of 10 
to 19 seats, that are manufactured after August 19, 2002, the 
parameters listed in Sec. 121.344(a)(1) through (a)(88) of this part 
must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix M of this part.
    (d) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 23.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. A single 
correlation may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are 
the same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Correlation documentation must be maintained by the 
certificate holder.
    (e) All airplanes subject to this section are also subject to the 
requirements and exceptions stated in Secs. 121.344(g) through 
121.344(k) of this part.
    (f) For airplanes that were manufactured before July 17, 1997, the 
following airplane types need not comply with this section, but must 
continue to comply with applicable paragraphs of Sec. 135.152 of this 
chapter, as appropriate: Beech Aircraft-99 Series, Beech Aircraft 1300, 
Beech Aircraft 1900C, Construcciones Aeronauticas, S.A. (CASA) C-212, 
deHavilland DHC-6, Dornier 228, HS-748, Embraer EMB 110, Jetstream 
3101, Jetstream 3201, Fairchild Aircraft SA-226.
    4. Appendix M to part 121 is added to read as follows:

[[Page 38382]]



                                             Appendix M to Part 121--Airplane Flight Recorder Specification                                             
 The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must 
                                                       be correlated in time to within one second.                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Accuracy (sensor       Seconds per                                                             
           Parameters                    Range                input)         sampling interval        Resolution                    Remarks             
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Times Counts  24 Hrs, 0 to 4095..  +/-0.125% Per Hour.  4..................  1 sec..............  UTC time preferred when available.
                                                                                                                       County increments each 4 seconds 
                                                                                                                       of system operation.             
2. Pressure Altitude............  -1000 ft to max      +/-100 to +/-700 ft  1..................  5' to 35'..........  Data should be obtained from the  
                                   certificated         (see table, TSO                                                air data computer when           
                                   altitude of          C124a or TSO C51a).                                            practicable.                     
                                   aircraft. +5000 ft.                                                                                                  
3. Indicated airspeed or          50 KIAS or minimum   +/-5% and +/-3%....  1..................  1 kt...............  Data should be obtained from the  
 Calibrated airspeed.              value to Max Vso                                                                    air data computer when           
                                   and V so to 1.2 V                                                                   practicable.                     
                                   D.                                                                                                                   
4. Heading (Primary flight crew   0-360 deg. and       +/-2 deg...........  1..................  0.5 deg............  When true or magnetic heading can 
 reference).                       Discrete ``true''                                                                   be selected as the primary       
                                   or ``mag''.                                                                         heading reference, a discrete    
                                                                                                                       indicating selection must be     
                                                                                                                       recorded.                        
5. Normal Acceleration            -3g to +6g.........  +/-1% of max range   0.125..............  0.004g.............  ..................................
 (Vertical).                                            excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
6. Pitch Attitude...............  +/-7 deg...........   +/-2 deg..........  1 or 0.25 for        0.5 deg............  A sampling rate of 0.25 is        
                                                                             airplanes operated                        recommended.                     
                                                                             under Sec.                                                                 
                                                                             121.344(f).                                                                
7. Roll Attitude................  +/-180 deg.........  +/-2 deg...........  1 or 0.5 for         0.5 deg............  A sampling rate of 0.5 is         
                                                                             airplanes operated                        recommended.                     
                                                                             under Sec.                                                                 
                                                                             121.344(f).                                                                
8. Manual Radio Transmitter       On-Off (Discrete)..  ...................  1..................  ...................  Preferably each crew member but   
 Keying or CVR/DFDR               None                                                                                 one discrete acceptable for all  
 synchronization reference.                                                                                            transmission provided the CVR/FDR
                                                                                                                       system complies with TSO C124a   
                                                                                                                       CVR synchronization requirements 
                                                                                                                       (paragraph 4.2.1 ED-55).         
9. Thrust/Power on Each Engine--  Full Range Forward.  +/-2%..............  1 (per engine).....  0.2% of full range.  Sufficient parameters (e.g. EPR,  
 primary flight crew reference.                                                                                        N1 or Torque, NP) as appropriate 
                                                                                                                       to the particular engine be      
                                                                                                                       recorded to determine power in   
                                                                                                                       forward and reverse thrust,      
                                                                                                                       including potential overspeed    
                                                                                                                       conditions.                      
10. Autopilot Engagement........  Discrete ``on'' or   ...................  1..................  ...................  ..................................
                                   ``off''.                                                                                                             
11. Longitudinal Acceleration...  +/-1g..............  +/-1.5% max. range   0.25...............  0.004g.............  ..................................
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
12a. Pitch Control(s) position    Full Range.........  +/-2% Unless Higher  0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire systems.                              Accuracy Uniquely    airplanes operated                        control break away capability    
                                                        Required.            under Sec.                                that allows either pilot to      
                                                                             121.344(f).                               operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5 or 0.25,
                                                                                                                       as applicable.                   
12b. Pitch Control(s) position    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  ..................................
 (fly-by-wire systems).                                 Higher Accuracy      airplanes operated                                                         
                                                        Uniquely Required.   under Sec.                                                                 
                                                                             121.344(f).                                                                
13a. Lateral Control position(s)  Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire).                                     Higher Accuracy      airplanes operated                        control break away capability    
                                                        Uniquely Required.   under Sec.                                that allows either pilot to      
                                                                             121.344(f).                               operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5 or 0.25,
                                                                                                                       as applicable.                   
13b. Lateral Control position(s)  Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range   ..................................
 (fly-by-wire).                                         Higher Accuracy      airplanes operated                                                         
                                                        Uniquely Required.   under Sec.                                                                 
                                                                             121.344(f).                                                                

[[Page 38383]]

                                                                                                                                                        
14a. Yaw Control position(s)      Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire).                                     Higher Accuracy                                                control break away capability    
                                                        Uniquely Required.                                             that allows either pilot to      
                                                                                                                       operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5.        
14b. Yaw Control position(s)      Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.                                    
 (fly-by-wire).                                         Higher Accuracy                                                                                 
                                                        Uniquely Required.                                                                              
15. Pitch Control Surface(s)      Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes fitted with multiple
 Position.                                              Higher Accuracy      airplanes operated                        or split surfaces, a suitable    
                                                        Uniquely Required.   under Sec.                                combination of inputs is         
                                                                             121.344(f).                               acceptable in lieu or recording  
                                                                                                                       each surface separately. The     
                                                                                                                       control surfaces may be sampled  
                                                                                                                       alternately to produce the       
                                                                                                                       sampling interval of 0.5 or 0.25.
16. Lateral Control Surface(s)    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  A suitable combination of surface 
 Position.                                              Higher Accuracy      airplanes operated                        position sensors is acceptable in
                                                        Uniquely Required.   under Sec.                                lieu of recording each surface   
                                                                             121.344(f).                               separately. The control surfaces 
                                                                                                                       may be sampled alternately to    
                                                                                                                       produce the sampling interval of 
                                                                                                                       0.5 or 0.25.                     
17. Yaw Control Surface(s)        Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.  For airplanes with multiple or    
 Position.                                              Higher Accuracy                                                split surfaces, a suitable       
                                                        Uniquely Required.                                             combination of surface position  
                                                                                                                       sensors is acceptable in lieu of 
                                                                                                                       recording each surface           
                                                                                                                       separately. The control surfaces 
                                                                                                                       may be sampled alternately to    
                                                                                                                       produce the sampling interval of 
                                                                                                                       0.5.                             
18. Lateral Acceleration........  +/-lg..............  +/-1.5% max. range   0.25...............  0.004g               ..................................
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
19. Pitch Trim Surface Position.  Full Range.........  +/-3% Unless Higher  1..................  0.3% of full range   ..................................
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
20. Trailing Edge Flap or         Full Range or Each   +/-3 deg. or as      2..................  0.5% of full range.  Flap position and cockpit control 
 Cockpit Control Selection.        Position             Pilot's indicator.                                             may each be sampled alternately  
                                   (discrete).                                                                         at 4 second intervals, to give a 
                                                                                                                       data point every 2 seconds.      
21. Leading Edge Flap or Cockpit  Full Range or Each   +/-3 deg. or as      2..................  0.5% of full range.  Left and right sides, or flap     
 Control Selection.                Discrete Position.   Pilot's indicator                                              position and cockpit control may 
                                                        and sufficient to                                              each be sampled at 4 second      
                                                        determine each                                                 intervals, so as to give a data  
                                                        discrete position.                                             point every 2 seconds.           
22. Each Thrust Reverser          Stowed, In Transit,  ...................  1 (per engine).....  ...................  Turbo-jet--2 discretes enable the 
 Position (or equivalent for       and Reverse                                                                         3 states to be determined.       
 propeller airplane).              (Discrete).                                                                        Turbo-prop--discrete.             
23. Ground Spoiler Position or    Full Range or Each   +/-2 deg. Unless     1 or 0.5 for         0.2% of full range   ..................................
 Speed Brake Selection.            Position             Higher Accuracy      airplanes operated                                                         
                                   (discrete).          Uniquely Required.   under Sec.                                                                 
                                                                             121.344(f).                                                                
24. Outside Air Temperature or    -50 deg.C to +90     +/-2 deg.C.........  2..................  0.3 deg.C            ..................................
 Total Air Temperature.            deg.C.                                                                                                               
25. Autopilot/Autothrottle/AFCS   A suitable           ...................  1..................  ...................  Discretes should show which       
 Mode and Engagement Status.       combination of                                                                      systems are engaged and which    
                                   discretes.                                                                          primary modes are controlling the
                                                                                                                       flight path and speed of the     
                                                                                                                       aircraft.                        
26. Radio Altitude..............  -20 ft to 2,500 ft.  +/-2 ft or +/-3%     1..................  1 ft + 5% above 500  For autoland/category 3           
                                                        Whichever is                              ft.                  operations. Each radio altimeter 
                                                        Greater Below 500                                              should be recorded, but arranged 
                                                        ft and +/-5% Above                                             so that at least one is recorded 
                                                        500 ft.                                                        each second.                     

[[Page 38384]]

                                                                                                                                                        
27. Localizer Deviation, MLS      +/-400 Microamps or  As installed +/-3%   1..................  0.3% of full range.  For autoland/category 3           
 Azimuth, or GPS Latitude          available sensor     recommended.                                                   operations. Each system should be
 Deviation.                        range as installed.                                                                 recorded but arranged so that at 
                                  +/-62 deg.                                                                           least one is recorded each       
                                                                                                                       second. It is not necessary to   
                                                                                                                       record ILS and MLS at the same   
                                                                                                                       time, only the approach aid in   
                                                                                                                       use need be recorded.            
28. Glideslope Deviation, MLS     +/-400 Microamps or  As installed +/3-3%  1..................  0.3% of full range.  For autoland/category 3           
 Elevation, or GPS Vertical        available sensor     recommended.                                                   operations. Each system should be
 Deviation.                        range as installed                                                                  recorded by arranged so that at  
                                  0.9 to +30 deg.                                                                      least one is recorded each       
                                                                                                                       second. It is not necessary to   
                                                                                                                       record ILS and MLS at the same   
                                                                                                                       time, only the approach aid in   
                                                                                                                       use need be recorded.            
29. Marker Beacon Passage.......  Discrete ``on'' or   ...................  1..................  ...................  A single discrete is acceptable   
                                   ``off''.                                                                            for all markers.                 
30. Master Warning..............  Discrete...........  ...................  1..................  ...................  Record the master warning and     
                                                                                                                       record each ``red'' warning that 
                                                                                                                       cannot be determined from other  
                                                                                                                       parameters or from the cockpit   
                                                                                                                       voice recorder.                  
31. Air/ground sensor (primary    Discrete ``air'' or  ...................  1 (0.25                                                                     
 airplane system reference nose    ``ground''.                               recommended).                                                              
 or main gear).                                                                                                                                         
32. Angle of Attack (If measured  As installed.......  As installed.......  2 or 0.5 for         0.3% of full range.  If left and right sensors are     
 directly).                                                                  airplanes operated                        available, each may be recorded  
                                                                             under Sec.                                at 4 or 1 second intervals, as   
                                                                             121.344(f).                               appropriate, so as to give a data
                                                                                                                       point at 2 seconds or 0.5 second,
                                                                                                                       as required.                     
33. Hydraulic Pressure Low, Each  Discrete or          +/-5%..............  2..................  0.5% of full range.                                    
 System.                           available sensor                                                                                                     
                                   range, ``low'' or                                                                                                    
                                   ``normal''.                                                                                                          
34. Groundspeed.................  As Installed.......  Most Accurate        1..................  0.2% of full range.                                    
                                                        Systems Installed.                                                                              
35. GPWS (ground proximity        Discrete             ...................  1..................  ...................  A suitable combination of         
 warning system).                  ``warning'' or                                                                      discretes unless recorder        
                                   ``off''.                                                                            capacity is limited in which case
                                                                                                                       a single discrete for all modes  
                                                                                                                       is acceptable.                   
36. Landing Gear Position or      Discrete...........  ...................  4..................  ...................  A suitable combination of         
 Landing gear cockpit control                                                                                          discretes should be recorded.    
 selection.                                                                                                                                             
37. Drift Angle.................  As installed.......  As installed.......  4..................  0.1 deg............                                    
38. Wind Speed and Direction....  As installed.......  As installed.......  4..................  1 knot, and 1.0                                        
                                                                                                  deg..                                                 
39. Latitude and Longitude......  As installed.......  As installed.......  4..................  0.002 deg., or as    Provided by the Primary Navigation
                                                                                                  installed.           System Reference. Where capacity 
                                                                                                                       permits Latitude/longitude       
                                                                                                                       resolution should be 0.0002 deg..
40. Stick shaker and pusher       Discrete(s) ``on''   ...................  1..................  ...................  A suitable combination of         
 activation.                       or ``off''.                                                                         discretes to determine           
                                                                                                                       activation.                      
41. Windshear Detection.........  Discrete             ...................  1..................                                                         
                                   ``warning'' or                                                                                                       
                                   ``off''.                                                                                                             
42. Throttle/power lever          Full Range.........  +/-2%..............  1 for each lever...  2% of full range...  For airplanes with non-           
 position.                                                                                                             mechanically linked cockpit      
                                                                                                                       engine controls.                 
43. Additional Engine Parameters  As installed.......  As installed.......  Each engine each     2% of full range...  Where capacity permits, the       
                                                                             second.                                   preferred priority is indicated  
                                                                                                                       vibration level, N2, EGT, Fuel   
                                                                                                                       Flow, Fuel Cut-off lever position
                                                                                                                       and N3, unless engine            
                                                                                                                       manufacturer recommends          
                                                                                                                       otherwise.                       

[[Page 38385]]

                                                                                                                                                        
44. Traffic Alert and Collision   Discretes..........  As installed.......  1..................  ...................  A suitable combination of         
 Avoidance System (TCAS).                                                                                              discretes should be recorded to  
                                                                                                                       determine the status of--Combined
                                                                                                                       Control, Vertical Control, Up    
                                                                                                                       Advisory, and Down Advisory.     
                                                                                                                       (ref. ARINC Characteristic 735   
                                                                                                                       Attachment 6E, TCAS VERTICAL RA  
                                                                                                                       DATA OUTPUT WORD.)               
45. DME 1 and 2 Distance........  0-200 NM...........  As installed.......  4..................  1 NM...............  1 mile                            
46. Nav 1 and 2 Selected          Full Range.........  As installed.......  4..................  ...................  Sufficient to determine selected  
 Frequency.                                                                                                            frequency                        
47. Selected barometric setting.  Full Range.........  +/-5%..............  (1 per 64 sec.)....  0.2% of full range                                     
48. Selected Altitude...........  Full Range.........  +/-5%..............  1..................  100 ft                                                 
49. Selected speed..............  Full Range.........  +/-5%..............  1..................  1 knot                                                 
50. Selected Mach...............  Full Range.........  +/-5%..............  1..................  .01                                                    
51. Selected vertical speed.....  Full Range.........  +/-5%..............  1..................  100 ft/min                                             
52. Selected heading............  Full Range.........  +/-5%..............  1..................  1 deg.                                                 
53. Selected flight path........  Full Range.........  +/-5%..............  1..................  1 deg.                                                 
54. Selected decision height....  Full Range.........  +/-5%..............  64.................  1 ft                                                   
55. EFIS display format.........  Discrete(s)........  ...................  4..................  ...................  Discretes should show the display 
                                                                                                                       system status (e.g., off, normal,
                                                                                                                       fail, composite, sector, plan,   
                                                                                                                       nav aids, weather radar, range,  
                                                                                                                       copy.                            
56. Multi-function/Engine Alerts  Discrete(s)........  ...................  4..................  ...................  Discretes should show the display 
 Display format.                                                                                                       system status (e.g., off, normal,
                                                                                                                       fail, and the identity of display
                                                                                                                       pages for emergency procedures,  
                                                                                                                       need not be recorded.            
57. Thrust command..............  Full Range.........  +/-2%..............  2..................  2% of full range                                       
58. Thrust target...............  Full Range.........  +/-2%..............  4..................  2% of full range                                       
59. Fuel quantity in CG trim      Full Range.........  +/-5%..............  (1 per 64 sec.)....  1% of full range                                       
 tank.                                                                                                                                                  
60. Primary Navigation System     Discrete GPS, INS,   ...................  4..................  ...................  A suitable combination of         
 Reference.                        VOR/DME, MLS,                                                                       discretes to determine the       
                                   Loran C, Omega,                                                                     Primary Navigation System        
                                   Localizer                                                                           reference.                       
                                   Glideslope.                                                                                                          
61. Ice Detection...............  Discrete ``ice'' or  ...................  4                                                                           
                                   ``no ice''.                                                                                                          
62. Engine warning each engine    Discrete...........  ...................  1                                                                           
 vibration.                                                                                                                                             
63. Engine warning each engine    Discrete...........  ...................  1                                                                           
 over temp.                                                                                                                                             
64. Engine warning each engine    Discrete...........  ...................  1                                                                           
 oil pressure low.                                                                                                                                      
65. Engine warning each engine    Discrete...........  ...................  1                                                                           
 over speed.                                                                                                                                            
66. Yaw Trim Surface Position...  Full Range.........  +/-3% Unless Higher  2..................  0.3% of full range.  ..................................
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
67. Roll Trim Surface Position..  Full Range.........  +/-3% Unless Higher  2..................  0.3% of full range.  ..................................
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
68. Brake Pressure (left and      As installed.......  +/-5%..............  1..................  ...................  To determine braking effort       
 right).                                                                                                               applied by pilots or by          
                                                                                                                       autobrakes.                      
69. Brake Pedal Application       Discrete or Analog   +/-5% (Analog).....  1..................  ...................  To determine braking applied by   
 (left and right).                 ``applied'' or                                                                      pilots.                          
                                   ``off''.                                                                                                             
70. Yaw or sideslip angle.......  Full Range.........  +/-5%..............  1..................  0.5 deg.                                               
71. Engine bleed valve position.  Discrete ``open''    ...................  4                                                                           
                                   or ``closed''.                                                                                                       

[[Page 38386]]

                                                                                                                                                        
72. De-icing or anti-icing        Discrete ``on'' or   ...................  4                                                                           
 system selection.                 ``off''.                                                                                                             
73. Computed center of gravity..  Full Range.........  +/-5%..............  (1 per 64 sec.)....  1% of full range                                       
74. AC electrical bus status....  Discrete ``power''   ...................  4..................  ...................  Each bus.                         
                                   or ``off''.                                                                                                          
75. DC electrical bus status....  Discrete ``power''   ...................  4..................  ...................  Each bus.                         
                                   or ``off''.                                                                                                          
76 APU bleed valve position.....  Discrete ``open''    ...................  4                                                                           
                                   or ``closed''.                                                                                                       
77. Hydraulic Pressure (each      Full range.........  +/-5%..............  2..................  100 psi                                                
 system).                                                                                                                                               
78. Loss of cabin pressure......  Discrete ``loss''    ...................  1..................  ...................  ..................................
                                   or ``normal''.                                                                                                       
79. Computer failure (critical    Discrete ``fail''    ...................  4..................  ...................  ..................................
 flight and engine control         or ``normal''.                                                                                                       
 systems).                                                                                                                                              
80. Heads-up display (when an     Discrete(s) ``on''   ...................  4                                                                           
 information source is             or ``off''.                                                                                                          
 installed).                                                                                                                                            
81. Para-visual display (when an  Discrete(s) ``on''   ...................                                                                              
 information source is             or ``off''.                                                                                                          
 installed).                                                                                                                                            
82. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--pitch.                                                                                                      inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
83. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--roll.                                                                                                       inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
84. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--yaw.                                                                                                        inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
85. Trailing edge flap and        Full Range.........  +/-5%..............  2..................  0.5% of full range.  Trailing edge flaps and cockpit   
 cockpit flap control position.                                                                                        flap control position may each be
                                                                                                                       sampled alternately at 4 second  
                                                                                                                       intervals to provide a sample    
                                                                                                                       each 0.5 second.                 
86. Leading edge flap and         Full Range or        +/-5%..............  1..................  0.5% of full range                                     
 cockpit flap control position.    Discrete.                                                                                                            
87. Ground spoiler position and   Full Range or        +/-5%..............  0.5................  0.2% of full range                                     
 speed brake selection.            Discrete.                                                                                                            
88. All cockpit flight control    Full Range           +/-5%..............  1..................  0.2% of full range.  For fly-by-wire flight control    
 input forces (control wheel,       Control wheel +/-                                                                  systems, where flight control    
 control column, rudder pedal).    70 lbs                                                                              surface position is a function of
                                    Control Column +/-                                                                 the displacement of the control  
                                   85 lbs                                                                              input device only, it is not     
                                    Rudder pedal +/-                                                                   necessary to record this         
                                   165 lbs                                                                             parameter. For airplanes that    
                                                                                                                       have a flight control break away 
                                                                                                                       capability that allows either    
                                                                                                                       pilot to operate the control     
                                                                                                                       independently, record both       
                                                                                                                       control force inputs. The control
                                                                                                                       force inputs may be sampled      
                                                                                                                       alternately once per 2 seconds to
                                                                                                                       produce the sampling interval of 
                                                                                                                       1.                               
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 38387]]

PART 125-CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE

    5. The authority citation for part 125 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

    6. Section 125.226 is added to read as follows:


Sec. 125.226  Digital flight data recorders.

    (a) Except as provided in paragraph (1) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flight data 
recorders required by this section are as follows: the phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameter is not intended to require a change in 
installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (a)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (36) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designed in appendix E of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is 
installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw of sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing and anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position-pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, 
control column, rudder pedal).
    (b) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991, by August 18, 2001--
    (1) For airplanes not equipped as of July 16, 1996, with a flight 
data

[[Page 38388]]

acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) 
through (a)(18) of this section must be recorded within the ranges and 
accuracies specified in Appendix D of this part, and--
    (i) For airplanes with more than two engines, the parameter 
described in paragraph (a)(18) is not required unless sufficient 
capacity is available on the existing recorder to record that 
parameter.
    (ii) Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (2) For airplanes that were equipped as of July 16, 1996, with a 
flight data acquisition unit (FDAU), the parameters listed in 
paragraphs (a)(1) through (a)(22) of this section must be recorded 
within the ranges, accuracies, and recording intervals specified in 
Appendix E of this part. Parameters listed in paragraphs (a)(12) 
through (a)(17) each may be recorded from a single source.
    (3) The approved flight recorder required by this section must be 
installed at the earliest time practicable, but no later than the next 
heavy maintenance check after August 18, 1999 and no later than August 
18, 2001. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (c) For all turbine-engine-powered transport category airplanes 
manufactured on or before October 11, 1991--
    (1) That were equipped as of July 16, 1996, with one or more 
digital data bus(es) and an ARINC 717 digital flight data acquisition 
unit (DFDAU) or equivalent, the parameters specified in paragraphs 
(a)(1) through (a)(22) of this section must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix E of this part by August 18, 2001. Parameters listed in 
paragraphs (a)(12) through (a)(14) each may be recorded from a single 
source.
    (2) Commensurate with the capacity of the recording system (DFDAU 
or equivalent and the DFDR), all additional parameters for which 
information sources are installed and which are connected to the 
recording system must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix E of this 
part by August 18, 2001.
    (3) That were subject to Sec. 125.225(e) of this part, all 
conditions of Sec. 125.225(c) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes 
that were manufactured after October 11, 1991--
    (1) The parameters listed in paragraphs (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix E of this 
part by August 18, 2001. Paramaters listed in paragraphs (a)(12) 
through (a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in Appendix E of this part by August 18, 2001.
    (e) For all turbine-engine-powered transport category airplanes 
that are manufactured after August 18, 2000--
    (1) The parameters listed in paragraph (a) (1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, 
and recording intervals specified in Appendix E of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in Appendix E of this part.
    (f) For all turbine-engine-powered transport category airplanes 
that are manufactured after August 19, 2002 parameters listed in 
paragraph (a)(1) through (a)(88) of this section must be recorded 
within the ranges, accuracies, resolutions, and recording intervals 
specified in Appendix E of this part.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed by this 
section, as appropriate, until the airplane has been operated for at 
least 25 hours of the operating time specified in Sec. 121.359(a) of 
this part. A total of 1 hour of recorded data may be erased for the 
purpose of testing the flight recorder or the flight recorder system. 
Any erasure made in accordance with this paragraph must be of the 
oldest recorded data accumulated at the time of testing. Except as 
provided in paragraph (i) of this section, no record need to be kept 
more than 60 days.
    (i) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board 
under 49 CFR 830 of its regulations and that results in termination of 
the flight, the certificate holder shall remove the recorder from the 
airplane and keep the recorder data prescribed by this section, as 
appropriate, for at least 60 days or for a longer period upon the 
request of the Board or the Administrator.
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are 
the same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes that were manufactured before August 
18, 1997 need not comply with this section, but must continue to comply 
with applicable paragraphs of Sec. 125.225 of this chapter, as 
appropriate:
    (1) Airplanes that meet the Stage 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under Part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) General Dynamics Convair 580, General Dynamics Convair 600, 
General Dynamics Convair 640, deHavilland

[[Page 38389]]

Aircraft Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 
(except Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-
159, Lockheed Aircraft Corporation Electra 10-A, Lockheed Aircraft 
Corporation Electra 10-B, Lockheed Aircraft Corporation Electra 10-E, 
Lockheed Aircraft Corporation L-188, Maryland Air Industries, Inc. F27, 
Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited SD3-30, 
Short Bros, Limited SD3-60.
    7. Appendix E to part 125 is added to read as follows:
      

[[Page 38390]]



                                             Appendix E to Part 125--Airplane Flight Recorder Specification                                             
 The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must 
                                                       be correlated in time to within one second.                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Accuracy (sensor       Seconds per                                                             
           Parameters                    Range                input)         sampling interval        Resolution                    Remarks             
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Time Counts.  24 Hrs, 0 to 4095..  +/-0.125% Per Hour.  4..................  1 sec..............  UTC time preferred when available.
                                                                                                                       Counter increments each 4 seconds
                                                                                                                       of system operation.             
2. Pressure Altitude............  -1000 ft to max      +/-100 to +/-700 ft  1..................  5' to 35'..........  Data should be obtained from the  
                                   certificated         (see table, TSO                                                air data computer when           
                                   altitude of          C124a or TSO C51a).                                            practicable.                     
                                   aircraft. +5000 ft.                                                                                                  
3. Indicated airspeed or          50 KIAS or minimum   +/-5% and +/-3%....  1..................  1 kt...............  Data should be obtained from the  
 Calibrated airspeed.              value to Max Vso,                                                                   air data computer when           
                                   and Vso to 1.2 VD.                                                                  practicable.                     
4, Heading (Primary flight crew   0-360 deg. and       +/-2 deg...........  1..................  0.5 deg............  When true or magnetic heading can 
 reference).                       Discrete ``true''                                                                   be selected as the primary       
                                   or ``mag''.                                                                         heading reference, a discrete    
                                                                                                                       indicating selection must be     
                                                                                                                       recorded.                        
5. Normal Acceleration            -3g to +6g.........  +/-1% of max range   0.125.               0.004g.              ..................................
 (Vertical).                                            excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
6. Pitch Attitude...............  +/-75 deg..........  +/-2 deg...........  1 or 0.25 for        0.5 deg............  A sampling rate of 0.25 is        
                                                                             airplanes operated                        recommended.                     
                                                                             under Sec.                                                                 
                                                                             125.226(f).                                                                
7. Roll Attitude................  +/-180 deg.........  +/-2 deg...........  1 or 0.5 for         0.5 deg............  A sampling rate of 0.5 is         
                                                                             airplanes operated                        recommended.                     
                                                                             under Sec.                                                                 
                                                                             125.226(f).                                                                
8. Manual Radio Transmitter       On-Off (Discrete)    ...................  1..................  ...................  Preferably each crew member but   
 Keying or CVR/DFDR               None.                                                                                one discrete acceptable for all  
 synchronization                                                                                                       transmission provided the CVR/FDR
reference.......................                                                                                       system complies with TSO C124a   
                                                                                                                       CVR synchronization requirements 
                                                                                                                       (paragraph 4.2.1 ED-55).         
9. Thrust/Power on Each Engine--  Full Range Forward.  +/-2%..............  1 (per engine).....  0.2% of full range.  Sufficient parameters (e.g. EPR,  
 primary flight crew reference.                                                                                        N1 or Torque, NP) as appropriate 
                                                                                                                       to the particular engine be      
                                                                                                                       recorded to determine power in   
                                                                                                                       forward and reverse thrust,      
                                                                                                                       including potential overspeed    
                                                                                                                       conditions.                      
10. Autopilot Engagement........  Discrete ``on'' or   ...................  1.                                        ..................................
                                   ``off''.                                                                                                             
11. Longitudinal Acceleration...  +/-1g..............  +/-1.5% max. range   0.25...............  0.004g.              ..................................
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
12a. Pitch Control(s) position    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire systems.                              Higher Accuracy      airplanes operated                        control break away capability    
                                                        Uniquely Required.   under Sec.                                that allows either pilot to      
                                                                             125.226(f).                               operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5 or 0.25,
                                                                                                                       as applicable.                   
12b. Pitch Control(s) position    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range                                     
 (fly-by-wire systems).                                 Higher Accuracy      airplanes operated                                                         
                                                        Uniquely Required.   under Sec.                                                                 
                                                                             125.226(f).                                                                
13a. Lateral Control position(s)  Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire).                                     Higher Accuracy      airplanes operated                        control break away capability    
                                                        Uniquely Required.   under Sec.                                that allows either pilot to      
                                                                             125.226(f).                               operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5 or 0.25,
                                                                                                                       as applicable.                   
13b. Lateral Control position(s)  Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  ..................................
 (fly-by-wire).                                         Higher Accuracy      airplanes operated                                                         
                                                        Uniquely Required.   under Sec.                                                                 
                                                                             125.226(f).                                                                

[[Page 38391]]

                                                                                                                                                        
14a. Yaw Control position(s)      Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire).                                     Higher Accuracy                                                control break away capability    
                                                        Uniquely Required.                                             that allows either pilot to      
                                                                                                                       operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5.        
14b. Yaw Control position(s)      Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.  ..................................
 (fly-by-wire).                                         Higher Accuracy                                                                                 
                                                        Uniquely Required.                                                                              
15. Pitch Control Surface(s)      Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes fitted with multiple
 Position.                                              Higher Accuracy      airplanes operated                        or split surfaces, a suitable    
                                                        Uniquely Required.   under Sec.                                combination of inputs is         
                                                                             125.226(f).                               acceptable in lieu of recording  
                                                                                                                       each surface separately. The     
                                                                                                                       control surfaces may be sampled  
                                                                                                                       alternately to produce the       
                                                                                                                       sampling interval of 0.5 or 0.25.
16. Lateral Control Surface(s)    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  A suitable combination of surface 
 Position.                                              Higher Accuracy      airplanes operated                        position sensors is acceptable in
                                                        Uniquely Required.   under Sec.                                lieu of recoding each surface    
                                                                             125.226(f).                               separately. The control surfaces 
                                                                                                                       may be sampled alternately to    
                                                                                                                       produce the sampling interval of 
                                                                                                                       0.5 or 0.25.                     
17. Yaw Control Surface(s)        Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.  For airplanes with multiple or    
 Position.                                              Higher Accuracy                                                split surfaces, a suitable       
                                                        Uniquely Required.                                             combination of surface position  
                                                                                                                       sensors is acceptable in lieu of 
                                                                                                                       recording each surface           
                                                                                                                       separately. The control surfaces 
                                                                                                                       may be sampled alternately to    
                                                                                                                       produce the sampling interval of 
                                                                                                                       0.5.                             
18. Lateral Acceleration........  +/-1g..............  +/-1.5% max. range   0.25...............  0.004g.              ..................................
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
19. Pitch Trim Surface Position.  Full Range.........  +/-3% Unless Higher  1..................  0.3% of full range.  ..................................
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
20. Trailing Edge Flap or         Full Range or Each   +/-3 deg. or as      2..................  0.5% of full range.  Flap position and cockpit control 
 Cockpit Control Selection.        Position             Pilot's indicator.                                             may each be sampled alternately  
                                   (discrete).                                                                         at 4 second intervals, to give a 
                                                                                                                       data point every 2 seconds.      
21. Leading Edge Flap or Cockpit  Full Range or Each   +/-3 deg. or as      2..................  0.5% of full range.  Left and right sides, or flap     
 Control Selection.                Discrete Position.   Pilot's indicator                                              position and cockpit control may 
                                                        and sufficient to                                              each be sampled at 4 second      
                                                        determine each                                                 intervals, so as to give a data  
                                                        discrete position..                                            point every 2 seconds.           
22. Each Thrust Reverser          Stowed, In Transit,  ...................  1 (per engine).....  ...................  Turbo-jet--2 discretes enable the 
 Position (or equivalent for       and Reverse                                                                         3 states to be determined.       
 propeller airplane).              (Discrete).                                                                        Turbo-prop--1 discrete.           
23. Ground Spoiler Position or    Full Range or Each   +/-2 deg. Unless     1 or 0.5 for         0.2% of full range.  ..................................
 Speed Brake Selection.            Position             Higher Accuracy      airplanes operated                                                         
                                   (discrete).          Uniquely Required.   under Sec.                                                                 
                                                                             125.226(f).                                                                
24. Outside Air Temperature or    -50 deg.C to -90     +/-2  deg.C........  2..................  0.3  deg.C.          ..................................
 Total Air Temperature.            deg.C.                                                                                                               
25. Autopilot/Autothrottle/AFCS   A suitable           ...................  1..................  ...................  Discretes should show which       
 Mode and Engagement Status.       combination of                                                                      systems are engaged and which    
                                   discretes.                                                                          primary modes are controlling the
                                                                                                                       flight path and speed of the     
                                                                                                                       aircraft.                        
26. Radio Altitude..............  -20 ft to 2,500 ft.  +/-2 ft or +/-3%     1..................  1 ft +5% above 500   For autoland/category 3           
                                                        Whichever is                              ft.                  operations, each radio altimeter 
                                                        Greater Below 500                                              should be recorded, but arranged 
                                                        ft and +/-5% Above                                             so that at least one is recorded 
                                                        500 ft..                                                       each second.                     

[[Page 38392]]

                                                                                                                                                        
27. Localizer Deviation, MLS      +/-400 Microamps or  As installed. +/-3%  1..................  0.3% of full range.  For autoland/category 3           
 Azimuth, or GPS Lateral           available sensor     recommended..                                                  operations. each system should be
 Deviation.                        range as installed                                                                  recorded but arranged so that at 
                                   +/-62 deg..                                                                         least one is recorded each       
                                                                                                                       second. It is not necessary to   
                                                                                                                       record ILS and MLS at the same   
                                                                                                                       time, only the approach aid in   
                                                                                                                       use need be recorded.            
28. Glideslope Deviation, MLS     +/-400 Microamps or  As installed +/-3%.  1..................  0.3% of full range.  For autoland/category 3           
 Elevation, or GPS Vertical        available sensor    recommended........                                             operations. each system should be
 Deviation.                        range as                                                                            recorded but arranged so that at 
                                   installed. 0.9 to                                                                   least one is recorded each       
                                  + 30 deg...........                                                                  second. It is not necessary to   
                                                                                                                       record ILS and MLS at the same   
                                                                                                                       time, only the approach aid in   
                                                                                                                       use need be recorded.            
29. Marker Beacon Passage.......  Discrete ``on'' or   ...................  1..................  ...................  A single discrete is acceptable   
                                   ``off''.                                                                            for all markers.                 
30. Master Warning..............  Discrete...........  ...................  1..................  ...................  Record the master warning and     
                                                                                                                       record each `red' warning that   
                                                                                                                       cannot be determined from other  
                                                                                                                       parameters or from the cockpit   
                                                                                                                       voice recorder.                  
31. Air/ground sensor (primary    Discrete ``air'' or  ...................  1 (0.25                                   ..................................
 airplane system reference nose    ``ground''.                               recommended).                                                              
 or main gear).                                                                                                                                         
32. Angle of Attack (If measured  As installed.......  As Installed.......  2 or 0.5 for         0.3% of full range.  If left and right sensors are     
 directly).                                                                  airplanes operated                        available, each may be recorded  
                                                                             under Sec.                                at 4 or 1 second intervals, as   
                                                                             125.226(f).                               appropriate, so as to give a data
                                                                                                                       point at 2 seconds or 0.5 second,
                                                                                                                       as required.                     
33. Hydraulic Pressure Low, Each  Discrete or          +/-5%..............  2..................  0.5% of full range.  ..................................
 System.                           available sensor                                                                                                     
                                   range, ``low'' or                                                                                                    
                                   ``normal''.                                                                                                          
34. Groundspeed.................  As Installed.......  Most Accurate        1..................  0.2% of full range.  ..................................
                                                        Systems Installed.                                                                              
35. GPWS (ground proximity        Discrete             ...................  1..................  ...................  A suitable combination of         
 warning system).                  ``warning'' or                                                                      discretes unless recorder        
                                   ``off''.                                                                            capacity is limited in which case
                                                                                                                       a single discrete for all modes  
                                                                                                                       is acceptable.                   
36. Landing Gear Position or      Discrete...........  ...................  4..................  ...................  A suitable combination of         
 Landing gear cockpit control                                                                                          discretes should be recorded.    
 selection.                                                                                                                                             
37. Drift Angle.................  As installed.......  As installed.......  4..................  0.1 deg..            ..................................
38. Wind Speed and Direction....  As installed.......  As installed.......  4..................  1 knot, and 1.0      ..................................
                                                                                                  deg..                                                 
39. Latitude and Longitude......  As installed.......  As installed.......  4..................  0.002 deg., or as    Provided by the Primary Navigation
                                                                                                  installed.           System Reference. Where capacity 
                                                                                                                       permits Latitude/longtitude      
                                                                                                                       resolution should be 0.0002 deg..
40. Stick shaker and pusher       Discrete(s) ``on''   ...................  1..................  ...................  A suitable combination of         
 activation.                       or ``off''.                                                                         discretes to determine           
                                                                                                                       activation.                      
41. WIndshear Detection.........  Discrete             ...................  1                                         ..................................
                                   ``warning'' or                                                                                                       
                                   ``off''.                                                                                                             
42. Throttle/power lever          Full Range.........  +/-2%..............  1 for each lever...  2% of full range...  For airplanes with non-           
 position.                                                                                                             mechanically linked cockpit      
                                                                                                                       engine controls.                 
43. Additional Engine Parameters  As installed.......  As installed.......  Each engine each     2% of full range...  Where capacity permits, the       
                                                                             second.                                   preferred priority is indicated  
                                                                                                                       vibration level, N2, EGT, Fuel   
                                                                                                                       Flow, Fuel Cut-off lever position
                                                                                                                       and N3, unless engine            
                                                                                                                       manufacturer recommends          
                                                                                                                       otherwise.                       

[[Page 38393]]

                                                                                                                                                        
44. Traffic Alert and Collision   Discretes..........  As installed.......  1..................  A suitable                                             
 Avoidance System (TCAS).                                                                         combination of                                        
                                                                                                  discretes should                                      
                                                                                                  be recorded to                                        
                                                                                                  determine the                                         
                                                                                                  status of-Combined                                    
                                                                                                  Control, Vertical                                     
                                                                                                  Control, Up                                           
                                                                                                  Advisory, and Down                                    
                                                                                                  Advisory. (ref.                                       
                                                                                                  ARINC                                                 
                                                                                                  Characteristic 735                                    
                                                                                                  Attachment 6E,                                        
                                                                                                  TCAS VERTICAL RA                                      
                                                                                                  DATA OUTPUT WORD.).                                   
45. DME 1 and 2 Distance........  0-200 NM...........  As installed.......  4..................  1 NM...............  1 mile.                           
46. Nav 1 and 2 Selected          Full range.........  As installed.......  4..................  ...................  Sufficient to determine selected  
 Frequency.                                                                                                            frequency                        
47. Selected barometric setting.  Full range.........  +/-5%..............  (1 per 64 sec.)....  0.2% of full range.  ..................................
48. Selected Altitude...........  Full range.........  +/-5%..............  1..................  100 ft.              ..................................
49. Selected speed..............  Full range.........  +/-5%..............  1..................  1 knot.              ..................................
50. Selected Mach...............  Full range.........  +/-5%..............  1..................  .01.                 ..................................
51. Selected vertical speed.....  Full range.........  +/-5%..............  1..................  100 ft/min.          ..................................
52. Selected heading............  Full range.........  +/-5%..............  1..................  1 deg..              ..................................
53. Selected flight path........  Full range.........  +/-5%..............  1..................  1 deg..              ..................................
54. Selected decision height....  Full range.........  +/-5%..............  64.................  1 ft.                ..................................
55. EFIS display format.........  Discrete(s)........  ...................  4..................  ...................  Discretes should show the display 
                                                                                                                       system status (e.g., off, normal,
                                                                                                                       fail, composite, sector, plan,   
                                                                                                                       nav aids, weather radar, range,  
                                                                                                                       copy).                           
56. Multi-function/Engine Alerts  Discrete(s)........  ...................  4..................  ...................  Discretes should show the display 
 Display format.                                                                                                       system status (e.g., off, normal,
                                                                                                                       fail, and the identity of display
                                                                                                                       pages for emergency procedures,  
                                                                                                                       need not be recorded).           
57. Thrust command..............  Full range.........  +/-2%..............  2..................  2% of full range.    ..................................
58. Thrust target...............  Full range.........  +/-2%..............  4..................  2% of full range.    ..................................
59. Fuel quantity in CG trim      Full range.........  +/-5%..............  (1 per 64 sec.)....  1% of full range.    ..................................
 tank.                                                                                                                                                  
60. Primary Navigation System     Discrete GPS, INS,   ...................  4..................  ...................  A suitable combination of discrete
 Reference.                        VOR/DME, MLS,                                                                       to determine the Primary         
                                   Loran C, Omega,                                                                     Navigation System reference.     
                                   Localizer                                                                                                            
                                   Glideslope.                                                                                                          
61. Ice Detection...............  Discrete ``ice'' or  ...................  4.                                        ..................................
                                   ``no ice''.                                                                                                          
62. Engine warning each engine    Discrete...........  ...................  1.                                        ..................................
 vibration.                                                                                                                                             
63. Engine warning each engine    Discrete...........  ...................  1.                                        ..................................
 over temp.                                                                                                                                             
64. Engine warning each engine    Discrete...........  ...................  1.                                        ..................................
 oil pressure low.                                                                                                                                      
65. Engine warning each engine    Discrete...........  ...................  1.                                        ..................................
 over speed.                                                                                                                                            
66. Yaw Trim Surface Position...  Full Range.........  +/-3% Unless Higher  2..................  0.3% of full range.  ..................................
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
67. Roll Trim Surface Position..  Full Range.........  +/-3% Unless Higher  2..................  0.3% of full range.  ..................................
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
68. Brake Pressure (left and      As installed.......  +/-5%..............  1..................  ...................  To determine braking effort       
 right).                                                                                                               applied by pilots or by          
                                                                                                                       autobrakes.                      

[[Page 38394]]

                                                                                                                                                        
69. Brake Pedal Application       Discrete or Analog   +/-5% (Analog).....  1..................  ...................  To determine braking applied by   
 (left and right).                 ``applied'' or                                                                      pilots.                          
                                   ``off''.                                                                                                             
70. Yaw or sideslip angle.......  Full Range.........  +/-5%..............  1                    0,5 deg..            ..................................
71. Engine bleed valve position.  Decrete ``open'' or  ...................  4.                                        ..................................
                                   ``closed''.                                                                                                          
72. De-icing or anti-icing        Discrete ``on'' or   ...................  4.                                        ..................................
 system selection.                 ``off''.                                                                                                             
73. Computed center of gravity..  Full Range.........  +/-5%..............  (1 per 64 sec.)....  1% of full range.    ..................................
74. AC electrical bus status....  Discrete ``power''   ...................  4..................  ...................  Each bus.                         
                                   or ``off''.                                                                                                          
75. DC electrical bus status....  Discrete ``power''   ...................  4..................  ...................  Each bus.                         
                                   or ``off''.                                                                                                          
76. APU bleed valve position....  Discrete ``open''    ...................  4.                                        ..................................
                                   or ``closed.                                                                                                         
77. Hydraulic Pressure (each      Full range.........  +/-5%..............  2..................  100 psi.             ..................................
 system).                                                                                                                                               
78. Loss of cabin pressure......  Discrete ``loss''    ...................  1.                                        ..................................
                                   or ``normal''.                                                                                                       
79. Computer failure (critical    Discrete ``fail''    ...................  4.                                        ..................................
 flight and engine control         or ``normal''.                                                                                                       
 systems).                                                                                                                                              
80. Heads-up display (when an     Discrete(s) ``on''   ...................  4.                                        ..................................
 information source is             or ``off''.                                                                                                          
 installed).                                                                                                                                            
81. Para-visual display (when an  Discrete(s) ``on''   ...................  1.                                        ..................................
 information source is             or ``off''.                                                                                                          
 installed).                                                                                                                                            
82. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--pitch.                                                                                                      inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
83. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--roll.                                                                                                       inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
84. Cockpit trim control input    Full Range.........  +/5%...............  1..................  0.2% of full range.  Where mechanical means for control
 position--yaw.                                                                                                        inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
85. Trailing edge flap and        Full Range.........  +/-5%..............  2..................  0.5% of full range.  Trailing edge flaps and cockpit   
 cockpit flap control position.                                                                                        flap control position may each be
                                                                                                                       sampled alternately at 4 second  
                                                                                                                       intervals to provide a sample    
                                                                                                                       each 0.5 second.                 
86. Leading edge flap and         Full Range or        +/-5%..............  1..................  0.5% of full range.  ..................................
 cockpit flap control position.    Discrete.                                                                                                            
87. Ground spoiler position and   Full Range or        +/-5%..............  0.5................  0.2% of full range.  ..................................
 speed brake selection.            discrete.                                                                                                            

[[Page 38395]]

                                                                                                                                                        
88. All cockpit flight control    Full Range           +/-5%..............  1..................  0.2% of full range.  For fly-by-wire flight control    
 input forces (control wheel,       Control wheel +/-                                                                  systems, where flight control    
 control column, rudder pedal).    70 lbs.                                                                             surface position is a function of
                                    Control Column +/-                                                                 the displacement of the control  
                                   85 lbs                                                                              input device only, it is not     
                                    Rudder pedal +/-                                                                   necessary to record this         
                                   165 lbs.                                                                            parameter. For airplanes that    
                                                                                                                       have a flight control break-away 
                                                                                                                       capability that allows either    
                                                                                                                       pilot to operate the control     
                                                                                                                       independently, record both       
                                                                                                                       control force inputs. The control
                                                                                                                       force inputs may be sampled      
                                                                                                                       alternately once per 2 seconds to
                                                                                                                       produce the sampling interval of 
                                                                                                                       1.                               
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 38396]]

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

    8. The authority citation for part 129 continues to read as 
follows:

    Authority: 49 USC 106(G), 40104-40105, 40113, 40119, 44701-
44702, 44712, 44716-44717, 44722, 44901-44904, 44906.

    9. The first sentence of paragraph (b) is revised to add reference 
to new Sec. 129.20, to read as follows:


Sec. 129.1  Applicability.

* * * * *
    (b) Sections 129.14 and 129.20 also apply to U.S.-registered 
aircraft operated in common carriage by a foreign person or foreign air 
carrier solely outside the United States. * * *
    10. Section 129.20 is added to read as follows:


Sec. 129.20  Digital flight data recorders.

    No person may operate an aircraft under this part that is 
registered in the United States unless it is equipped with one or more 
approved flight recorders that use a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The flight data recorder must record the parameters 
that would be required to be recorded if the aircraft were operated 
under part 121, 125, or 135 of this chapter, and must be installed by 
the compliance times required by those parts, as applicable to the 
aircraft.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

    11. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 USC 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

    12. Section 135.152(a) is revised to read as follows:


Sec. 135.152  Flight recorders.

    (a) Except as provided in paragraph (k) of this section, no person 
may operate under this part a multi-engine, turbine-engine powered 
airplane or rotorcraft having a passenger seating configuration, 
excluding any required crewmembers seat, of 10 to 19 seats, that was 
either brought onto the U.S. register after, or was registered outside 
the United States and added to the operator's U.S. operations 
specifications after, October 11, 1991, unless it is equipped with one 
or more approved flight recorders that use a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. The parameters specified in either Appendix B 
or C of this part, as applicable must be recorded within the range, 
accuracy, resolution, and recording intervals as specified. The 
recorder shall retain no less than 25 hours of aircraft operation.
* * * * *


Sec. 135.152  [Amended]

    13. In Sec. 135.152(d), the first sentence is amended by removing 
the phrase ``8 hours'' and adding the phrase ``25 hours'' in its place.
    14. Section 135.152(f) is revised to read as follows:


Sec. 135.152  Flight recorders.

* * * * *
    (f)(1) For airplanes manufactured on or before August 18, 2000, and 
all other aircraft, each flight recorder required by this section must 
be installed in accordance with the requirements of Sec. 23.1459, 
25.1459, 27.1459, or 29.1459, as appropriate, of this chapter. The 
correlation required by paragraph (c) of Sec. 23.1459, 25.1459, 
27.1459, or 29.1459, as appropriate, of this chapter need be 
established only on one aircraft of a group of aircraft:
    (i) That are of the same type;
    (ii) On which the flight recorder models and their installations 
are the same; and
    (iii) On which there are no differences in the type designs with 
respect to the installation of the first pilot's instruments associated 
with the flight recorder. The most recent instrument calibration, 
including the recording medium from which this calibration is derived, 
and the recorder correlation must be retained by the certificate 
holder.
    (f)(2) For airplanes manufactured after August 18, 2000, each 
flight data recorder system required by this section must be installed 
in accordance with the requirements of Sec. 23.1459 (a), (b), (d) and 
(e) of this chapter, or Sec. 25.1459 (a), (b), (d), and (e) of this 
chapter. A correlation must be established between the values recorded 
by the flight data recorder and the corresponding values being 
measured. The correlation must contain a sufficient number of 
correlation points to accurately establish the conversion from the 
recorded values to engineering units or discrete state over the full 
operating range of the parameter. Except for airplanes having separate 
altitude and airspeed sensors that are an integral part of the flight 
data recorder system, a single correlation may be established for any 
group of airplanes--
    (i) That are of the same type;
    (ii) On which the flight recorder system and its installation are 
the same; and
    (iii) On which there is no difference in the type design with 
respect to the installation of those sensors associated with the flight 
data recorder system. Documentation sufficient to convert recorded data 
into the engineering units and discrete values specified in the 
applicable appendix must be maintained by the certificate holder.
* * * * *
    15. In Sec. 135.152, new paragraphs (h), (i), and (j) and (k) are 
added to read as follows:
* * * * *
    (h) The operational parameters required to be recorded by digital 
flight data recorders required by paragraphs (i) and (j) of this 
section are as follows, the phrase ``when an information source is 
installed'' following a parameter indicated that recording of that 
parameter is not intended to require a change in installed equipment.
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (h)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (h)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (h)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters

[[Page 38397]]

of paragraph (h)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in appendix F of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is 
installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed;
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, 
control column, rudder pedal).
    (i) For all turbine-engine powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, manufactured after August 18, 2000--
    (1) The parameters listed in paragraphs (h)(1) through (h)(57) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix F of this 
part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix F of this part.
    (j) For all turbine-engine-powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, that are manufactured after August 19, 2002 the 
parameters listed in paragraph (a)(1) through (a)(88) of this section 
must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix F of this part.
    (k) For airplanes manufactured before August 18, 1997 the following 
airplane type need not comply with this section: deHavilland DHC-6.

Apendix B to Part 135--[Amended]

    16. In Appendix B to part 135, Airplane Flight Recorder 
Specifications, in the ``Range'' column, the first entry is amended by 
removing the phrase ``8 hr minimum'' and adding the phrase ``25 hr 
minimum'' in its place.

Appendix C to Part 135--[Amended]

    17. In Appendix C to part 135, Helicopter Flight Recorder 
Specifications, in the ``Range'' column, the first entry is amended by 
removing the phrase ``8 hr minimum'' and adding the phrase ``25 hr 
minimum'' in its place.
    18. Appendix F to part 135 is added to read as follows:

[[Page 38398]]



                                             Appendix F to Part 135--Airplane Flight Recorder Specification                                             
 The recorded values must meet the designated range, resolution, and accuracy requirements during dynamic and static conditions. All data recorded must 
                                                       be correlated in time to within one second.                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Accuracy (sensor       Seconds per                                                             
           Parameters                    Range                input)         sampling interval        Resolution                    Remarks             
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time or Relative Time Counts.  24 Hrs, 0 to 4095..  +/-0.125% Per Hour.  4..................  1 sec..............  UTC time preferred when available.
                                                                                                                       Counter increments each 4 seconds
                                                                                                                       of system operation.             
2. Pressure Altitude............  -1000 ft to max      +/-100 to +/-700 ft  1..................  5' to 35''.........  Data should be obtained from the  
                                   certificated         (see table, TSO                                                air data computer when           
                                   altitude of          C124a or TSO C51a).                                            practicable.                     
                                   aircraft. +5000 ft.                                                                                                  
3. Indicated airspeed or          50 KIAS or minimum   +/-5% and +/-3%....  1..................  1 kt...............  Data should be obtained from the  
 Calibrated airspeed.              value to Max Vso  and Vso                                                                    practicable.                     
                                   to 1.2 V.D .                                                                                                         
4. Heading (Primary flight crew   0-360 deg. and       +/-2 deg...........  1..................  0.5 deg............  When true or magnetic heading can 
 reference).                       Discrete ``true''                                                                   be selected as the primary       
                                   or ``mag''.                                                                         heading reference, a discrete    
                                                                                                                       indicating selection must be     
                                                                                                                       recorded.                        
5.Normal Acceleration (Vertical)  -3g to +6g.........  +/-1% of max range   0.125..............  0.004g.              ..................................
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
6. Pitch Attitude...............  +/-75%.............  +/-2 deg...........  1 or 0.25 for        0.5 deg............  A sampling rate of 0.25 is        
                                                                             airplanes operated                        recommended.                     
                                                                             under Sec.                                                                 
                                                                             135.152(j).                                                                
7. Roll Attitude................  +/-180 deg.0.......  +/-2 deg...........  1 or 0.5 for         0.5 deg............  A sampling rate of 0.5 is         
                                                                             airplanes operated                        recommended.                     
                                                                             under Sec.                                                                 
                                                                             135.152(j).                                                                
8. Manual Radio Transmitter       On-Off (Discrete)..  ...................  1..................  ...................  Preferably each crew member but   
 Keying or CVR/DFDR               None...............                                                                  one discrete acceptable for all  
 synchronization reference.                                                                                            transmission provided the CVR/FDR
                                                                                                                       system complies with TSO C124a   
                                                                                                                       CVR synchronization requirements 
                                                                                                                       (paragraph 4.2.1 ED-55).         
9. Thrust/Power on Each Engine--  Full Range Forward.  +/-2%..............  1 (per engine).....  0.2% of full range.  sufficient parameters (e.g., EPR, 
 primary flight crew reference.                                                                                        N1 or Torque, NP) as appropriate 
                                                                                                                       to the particular engine be      
                                                                                                                       recorded to determine power in   
                                                                                                                       forward and reverse thrust,      
                                                                                                                       including potential overspeed    
                                                                                                                       conditions.                      
10. Autopilot Engagement........  Discrete ``on'' or   ...................  1.                                                                          
                                   ``off''.                                                                                                             
11. Longitudinal Acceleration...  +/-1g..............  +/-1.5% max. range   0.25...............  0.004g.              ..................................
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
12a. Pitch Control(s) position    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire systems.                              Higher Accuracy      airplanes operated                        control break away capability    
                                                        Uniquely Required.   under Sec.                                that allows either pilot to      
                                                                             135.152(j).                               operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5 or 0.25,
                                                                                                                       as applicable.                   
12b. Pitch Control(s) position    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.                                    
 (fly-by-wire systems).                                 Higher Accuracy.     airplanes operated                                                         
                                                                             under Sec.                                                                 
                                                                             135.152(j).                                                                
13a. Lateral Control position(s)  Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire).                                     Higher Accuracy      airplanes operated                        control break away capability    
                                                        Uniquely Required.   under Sec.                                that allows either pilot to      
                                                                             135.152(j).                               operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling intereval of 0.5 or     
                                                                                                                       0.25, as applicable.             
13b. Lateral Control position(s)  Full range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.                                    
 (fly-by-wire).                                         Higher Accuracy      airplanes operated                                                         
                                                        Uniquely required.   under Sec.                                                                 
                                                                             135.152(j).                                                                

[[Page 38399]]

                                                                                                                                                        
14a. Yaw Control position(s)      Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes that have a flight  
 (non-fly-by-wire).                                     Higher Accuracy      airplanes operated                        control break away capability    
                                                        Uniquely Required.   under Sec.                                that allows either pilot to      
                                                                             135.152(j)..                              operate the controls             
                                                                                                                       independently, record both       
                                                                                                                       control inputs. The control      
                                                                                                                       inputs may be sampled alternately
                                                                                                                       once per second to produce the   
                                                                                                                       sampling interval of 0.5.        
14b. Yaw Control position(s)      Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.                                    
 (fly-by-wire).                                         Higher Accuracy                                                                                 
                                                        Uniquely Required.                                                                              
15. Pitch Control Surface(s)      Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  For airplanes fitted with multiple
 Position.                                              Higher Accuracy      airplanes operated                        or split surfaces, a suitable    
                                                        Uniquely Required.   under Sec.                                combination of inputs is         
                                                                             135.152(j).                               acceptable in lieu of recording  
                                                                                                                       each surface spearately. The     
                                                                                                                       control surfaces may be sampled  
                                                                                                                       alternately to produce the       
                                                                                                                       sampling interval of 0.5 or 0.25.
16. Lateral Control Surface(s)    Full Range.........  +/-2 deg. Unless     0.5 or 0.25 for      0.2% of full range.  A suitable combination of surface 
 Position.                                              Higher Accuracy      airplanes operated                        position sensors is acceptable in
                                                        Uniquely Required.   under Sec.                                lieu of recording each surface   
                                                                             135.152(j).                               separately. The control surfaces 
                                                                                                                       may be sampled alternately to    
                                                                                                                       produce the sampling interval of 
                                                                                                                       0.5 or 0.25.                     
17. Yaw Control Surface(s)        Full Range.........  +/-2 deg. Unless     0.5................  0.2% of full range.  For Airplanes with multiple or    
 Position.                                              Higher Accuracy                                                split surfaces, a suitable       
                                                        Uniquely Required.                                             combination of surface position  
                                                                                                                       sensors is acceptable in lieu of 
                                                                                                                       recording each surface           
                                                                                                                       separately. The control surfaces 
                                                                                                                       may be sampled alternately to    
                                                                                                                       produce the sampling interval of 
                                                                                                                       0.5.                             
18. Lateral Acceleration........  +/-1g..............  +/-1.5% max. range   0.25...............  0.004g.............                                    
                                                        excluding datum                                                                                 
                                                        error of +/-5%.                                                                                 
19. Pitch Trim Surface Position.  Full Range.........  +/-3% Unless Higher  1..................  0.3% of full range.                                    
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
20. Trailing Edge Flap or         Full Range or Each   +/-3 deg. or as      2..................  0.5% of full range.  Flap position and cockpit control 
 Cockpit Control Selection.        Position             Pilot's indicator.                                             may each be sampled alternately  
                                   (discrete).                                                                         at 4 second intervals, to give a 
                                                                                                                       data point every 2 seconds.      
21. Leading Edge Flap or Cockpit  Full Range or Each   +/-3 deg. or as      2..................  0.5% of full range.  Left and right sides, or flap     
 Control Selection.                Discrete Position.   Pilot's indicator                                              position and cockpit control may 
                                                        and sufficient to                                              each be sampled at 4 second      
                                                        determine each                                                 intervals, so as to give a data  
                                                        discrete position.                                             point every 2 seconds.           
22. Each Thrust reverser          Stowed, In Transit,  ...................  1 (per engine......  ...................  Turbo-jet--2 discretes enable the 
 Position (or equivalent for       and reverse                                                                         3 states to be determined        
 propeller airplane).              (Discrete).                                                                        Turbo-prop--1 discrete            
23. Ground Spoiler Position or    Full Range or Each   +/-2 deg. Unless     1 0.5 for airplanes  0.2% of full range.                                    
 Speed Brake Selection.            Position             Higher Accuracy      operated under                                                             
                                   (discrete)..         Uniquely Required.   Sec.  135.152(j).                                                          
24. Outside Air Temperature or    -50 deg.C to +90     +/-2 deg. C........  2..................  0.3 deg. C.........                                    
 Total Air Temperature.            deg.C.                                                                                                               
25. Autopilot/Autothrottle/AFCS   A suitable           ...................  1..................  ...................  Discretes should show which       
 Mode and Engagement Status.       combination of                                                                      systems are engaged and which    
                                   discretes.                                                                          primary modes are controlling the
                                                                                                                       flight path and speed of the     
                                                                                                                       aircraft.                        
26. Radio Altitude..............  -20 ft to 2,500 ft.  +/-2 ft or +/-3%     1..................  1 ft +5% above 500   For autoland/category 3           
                                                        Whichever is                              ft.                  operations. Each radio altimeter 
                                                        Greater Below 500                                              should be recorded, but arranged 
                                                        ft and +/-5% Above                                             so that at least one is recorded 
                                                        500 ft.                                                        each second.                     

[[Page 38400]]

                                                                                                                                                        
27. Localizer Deviation, MLS      +/-400 Microamps or  As installed +/-3%   1..................  0.3% of full range.  For autoland/category 3           
 Azimuth, or GPS Lateral           available sensor     recommended..                                                  operations. Each system should be
 Deviation.                        range as installed                                                                  recorded but arranged so that at 
                                   +/-62 deg..                                                                         least one is recorded each       
                                                                                                                       second. It is not necessary to   
                                                                                                                       record ILS and MLS at the same   
                                                                                                                       time, only the approach aid in   
                                                                                                                       use need be recorded.            
28. Glideslope Deviation, MLS     +/-400 Microamps or  As installed +/-3%   1..................  0.3% of full range.  For autoland/category 3           
 Elevation, or GPS Vertical        available sensor     recommended.                                                   operations. Each system should be
 Deviation.                        range as installed.                                                                 recorded but arranged so that at 
                                  0.9 to + 30 deg....                                                                  least one is recorded each       
                                                                                                                       second. It is not necessary to   
                                                                                                                       record ILS and MLS at the same   
                                                                                                                       time, only the approach aid in   
                                                                                                                       use need be recorded.            
29. Marker Beacon Passage.......  Discrete ``on'' or   ...................  1..................  ...................  A single discrete is acceptable   
                                   ``off''.                                                                            for all markers.                 
30. Master Warning..............  Discrete...........  ...................  1..................  ...................  Record the master warning and     
                                                                                                                       record each ``red'' warning that 
                                                                                                                       cannot be determined from other  
                                                                                                                       parameters or from the cockpit   
                                                                                                                       voice recorder.                  
31. Air/ground sensor (primary    Discrete ``air'' or  ...................  1 (0.25                                                                     
 airplane system reference nose    ``ground''.                               recommended.).                                                             
 or main gear).                                                                                                                                         
32. Angle of Attack (If measured  As installed.......  As installed.......  2 or 0.5 for         0.3% of full range.  If left and right sensors are     
 directly).                                                                  airplanes operated                        available, each may be recorded  
                                                                             under Sec.                                at 4 or 1 second intervals, as   
                                                                             135.152(j).                               appropriate, so as to give a data
                                                                                                                       point at 2 seconds or 0.5 second,
                                                                                                                       as required.                     
33. Hydraulic Pressure Low, Each  Discrete or          +/-5%..............  2..................  0.5% of full range.  ..................................
 System.                           available sensor                                                                                                     
                                   range, ``low'' or                                                                                                    
                                   ``normal''.                                                                                                          
34. Groundspeed.................  As installed.......  Most Accurate        1..................  0.2% of full range.  ..................................
                                                        Systems Installed.                                                                              
35. GPWS (ground proximity        Discrete             ...................  1..................  ...................  A suitable combination of         
 warning system).                  ``warning'' or                                                                      discretes unless recorder        
                                   ``off''.                                                                            capacity is limited in which case
                                                                                                                       a single discrete for all modes  
                                                                                                                       is acceptable.                   
36. Landing Gear Position or      Discrete...........  ...................  4..................  ...................  A suitable combination of         
 Landing gear cockpit control                                                                                          discretes should be recorded.    
 selection.                                                                                                                                             
37. Drift Angle.................  As installed.......  As installed.......  4..................  0.1 deg..            ..................................
38. Wind Speed and Direction....  As installed.......  As installed.......  4                    1 knot, and 1.0      ..................................
                                                                                                  deg...                                                
39. Latitude and Longitude......  As installed.......  As installed.......  4..................  0.002 deg., or as    Provided by the Primary Navigation
                                                                                                  installed.           System Reference. Where capacity 
                                                                                                                       permits latitude/longitude       
                                                                                                                       resolution should be 0.0002 deg..
40. Stick shaker and pusher       Discrete(s) ``on''   ...................  1..................  ...................  A suitable combination of         
 activation.                       or ``off''.                                                                         discretes to determine           
                                                                                                                       activation.                      
41. Windshear Detection.........  Discrete             ...................  1.                                                                          
                                   ``warning'' or                                                                                                       
                                   ``off''.                                                                                                             
42. Throttle/power lever          Full range.........  +/-2%..............  1 for each lever...  2% of full range...  For airplanes with non-           
 position.                                                                                                             mechanically linked cockpit      
                                                                                                                       engine controls.                 
43. Additional Engine Parameters  As installed.......  As installed.......  Each engine each     2% of full range...  Where capacity permits, the       
                                                                             second.                                   preferred priority is indicated  
                                                                                                                       vibration level, N2, EGT, Fuel   
                                                                                                                       Flow, Fuel Cut-off lever position
                                                                                                                       and N3, unless engine            
                                                                                                                       manufacturer recommends          
                                                                                                                       otherwise.                       

[[Page 38401]]

                                                                                                                                                        
44. Traffic Alert and Collision   Discretes..........  As installed.......  1..................  ...................  A suitable combination of         
 Avoidance System (TCAS).                                                                                              discretes should be recorded to  
                                                                                                                       determine the status of--Combined
                                                                                                                       Control, Vertical Control, Up    
                                                                                                                       Advisory, and down advisory.     
                                                                                                                       (ref. ARINC Characteristic 735   
                                                                                                                       Attachment 6E, TCAS VERTICAL RA  
                                                                                                                       DATA OUTPUT WORD.)               
45. DME 1 and 2 Distance........  0-200 NM;..........  As installed.......  4..................  1 NM...............  1 mile.                           
46. Nav 1 and 2 Selected          Full range.........  As installed.......  4..................  ...................  Sufficient to determine selected  
 Frequency.                                                                                                            frequency.                       
47. Selected barometric setting.  Full Range.........  +/-5%..............  (1 per 64 sec.)....  0.2% of full range.                                    
48. Selected altitude...........  Full Range.........  +/-5%..............  1..................  100 ft.                                                
49. Selected speed..............  Full Range.........  +/-5%..............  1..................  1 knot.                                                
50. Selected Mach...............  Full Range.........  +/-5%..............  1..................  .01.                                                   
51. Selected vertical speed.....  Full Range.........  +/-5%..............  1..................  100 ft./min.                                           
52. Selected heading............  Full Range.........  +/-5%..............  1..................  1 deg..                                                
53. Selected flight path........  Full Range.........  +/-5%..............  1..................  1 deg..              ..................................
54. Selected decision height....  Full Range.........  +/-%5..............  64.................  1 ft.                                                  
55. EFIS display format.........  Discrete(s)........  ...................  4..................  ...................  Discretes should show the display 
                                                                                                                       system status (e.g., off, normal,
                                                                                                                       fail, composite, sector, plan,   
                                                                                                                       nav aids, weather radar, range,  
                                                                                                                       copy.                            
56. Multi-function/Engine Alerts  Discrete(s)........  ...................  4..................  ...................  Discretes should show the display 
 Display format.                                                                                                       system status (e.g., off, normal,
                                                                                                                       fail, and the identity of display
                                                                                                                       pages for emergency procedures,  
                                                                                                                       need not be recorded.            
57. Thrust command..............  Full Range.........  +/-2%..............  2..................  2% of full range.                                      
58. Thrust target...............  Full Range.........  +/-2%..............  4..................  2% of full range.                                      
59. Fuel quantity in CG trim      Full Range.........  +/-5%..............  (1 per 64 sec.)....  1% of full range.                                      
 tank.                                                                                                                                                  
60. Primary Navigation System     Discrete GPS, INS,   ...................  4..................  ...................  A suitable combination of         
 Reference.                        VOR/DME, MLS,                                                                       discretes to determine the       
                                   Loran C, Omega,                                                                     Primary Navigation System        
                                   Localizer                                                                           reference.                       
                                   Glidescope.                                                                                                          
61. Ice Detection...............  Discrete ``ice'' or  ...................  4.                                                                          
                                   ``no ice''.                                                                                                          
62. Engine warning each engine    Discrete...........  ...................  1.                                                                          
 vibration.                                                                                                                                             
63. Engine warning each engine    Discrete...........  ...................  1.                                                                          
 over temp..                                                                                                                                            
64. Engine warning each engine    Discrete...........  ...................  1.                                                                          
 oil pressure low.                                                                                                                                      
65. Engine warning each engine    Discrete...........  ...................  1.                                                                          
 over speed.                                                                                                                                            
66. Yaw Trim Surface Position...  Full Range.........  +/-3% Unless Higher  2..................  0.3% of full range.                                    
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
67. Roll Trim Surface Position..  Full Range.........  +/-3% Unless Higher  2..................  0.3% of full range.                                    
                                                        Accuracy Uniquely                                                                               
                                                        Required.                                                                                       
68. Brake Pressure (left and      As installed.......  +/-5%..............  1..................  ...................  To determine braking effort       
 right).                                                                                                               applied by pilots or by          
                                                                                                                       autobrakes.                      
69. Brake Pedal Application       Discrete or Analog   +/-5% (Analog).....  1..................  ...................  To determine braking applied by   
 (left and right).                 ``applied'' or                                                                      pilots.                          
                                   ``off''.                                                                                                             
70. Yaw or sideslip angle.......  Full Range.........  +/-5%..............  1..................  0.5 deg..                                              
71. Engine bleed valve position.  Discrete ``open''    ...................  4.                                                                          
                                   or ``closed''.                                                                                                       

[[Page 38402]]

                                                                                                                                                        
72. De-icing or anti-icing        Discrete ``on'' or   ...................  4.                                                                          
 system selection.                 ``off''.                                                                                                             
73. Computed center of gravity..  Full Range.........  +/-5%..............  (1 per 64 sec.)....  1% of full range.                                      
74. AC electrical bus status....  Discrete ``power''   ...................  4..................  ...................  Each bus.                         
                                   or ``off''.                                                                                                          
75. DC electrical bus status....  Discrete ``power''   ...................  4..................  ...................  Each bus.                         
                                   or ``off''.                                                                                                          
76. APU bleed valve position....  Discrete ``open''    ...................  4.                                                                          
                                   or ``closed''.                                                                                                       
77. Hydraulic Pressure (each      Full range.........  +/-5%..............  2..................  100 psi.                                               
 system).                                                                                                                                               
78. Loss of cabin pressure......  Discrete ``loss''    ...................  1.                                                                          
                                   or ``normal''.                                                                                                       
79. Computer failure (critical    Discrete ``fail''    ...................  4.                                                                          
 flight and engine control         or ``normal''.                                                                                                       
 systems).                                                                                                                                              
80. Heads-up display (when an     Discrete(s) ``on''   ...................  4.                                                                          
 information source is             or ``off''.                                                                                                          
 installed).                                                                                                                                            
81. Para-visual display (when an  Discrete(s) ``on''   ...................  1.                                                                          
 information source is             or ``off''.                                                                                                          
 installed).                                                                                                                                            
82. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--pitch.                                                                                                      inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
83. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 positions--roll.                                                                                                      inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
84. Cockpit trim control input    Full Range.........  +/-5%..............  1..................  0.2% of full range.  Where mechanical means for control
 position--yaw.                                                                                                        inputs are not available, cockpit
                                                                                                                       display trim positions should be 
                                                                                                                       recorded.                        
85. Trailing edge flap and        Full Range.........  +/-5%..............  2..................  0.5% of full range.  Trailing edge flaps and cockpit   
 cockpit flap control position.                                                                                        flap control position may each be
                                                                                                                       sampled alternately at 4 second  
                                                                                                                       intervals to provide a sample    
                                                                                                                       each 0.5 second.                 
86. Leading edge flap and         Full Range or        +/-5%..............  1..................  0.5% of full range.                                    
 cockpit flap control position.    Discrete.                                                                                                            
87. Ground spoiler position and   Full Range or        +/-5%..............  0.5................  0.2% of full range.                                    
 speed brake selection.            discrete.                                                                                                            
88. All cockpit flight control    Full Range           +/-5%..............  1..................  0.2% of full range.  For fly-by-wire flight control    
 input forces (control wheel,       Control wheel +/-                                                                  systems, where flight control    
 control column, rudder pedal).    70 lbs.                                                                             surface position is a function of
                                    Control Column +/-                                                                 the displacement of the control  
                                   85 lb                                                                               input device only, it is not     
                                    Rudder pedal +/-                                                                   necessary to record this         
                                   165 lbs                                                                             parameter. For airplanes that    
                                                                                                                       have a flight control break away 
                                                                                                                       capability that allows either    
                                                                                                                       pilot to operate the control     
                                                                                                                       independently, record both       
                                                                                                                       control force inputs. The control
                                                                                                                       force inputs may be sampled      
                                                                                                                       alternately once per 2 second to 
                                                                                                                       produce the sampling interval of 
                                                                                                                       1.                               
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 38403]]

(Revisions to Digital Flight Data Recorders; Final Rule; Docket No. 
28109)

    Issued in Washington, D.C. on July 9, 1997.
Barry J. Valentine,
Acting Administrator.
[FR Doc. 97-18514 Filed 7-10-97; 3:03 pm]
BILLING CODE 4910-13-M