[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42932-42941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18269]
[[Page 42931]]
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Part VII
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 121, 125 and 135
Digital Flight Data Recorder Requirements--Changes to Recording
Specifications and Additional Exceptions; Final Rule
Federal Register / Vol. 68, No. 138 / Friday, July 18, 2003 / Rules
and Regulations
[[Page 42932]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125 and 135
[Docket No.: FAA-2003-15682; Amendment Nos. 121-288, 125-42, 135-84]
RIN 2120-AH81
Digital Flight Data Recorder Requirements--Changes to Recording
Specifications and Additional Exceptions
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the flight data recorder regulations by
expanding the recording specifications of certain data parameters for
specified airplanes, and by adding aircraft models to the lists of
aircraft excepted from the 1997 regulations. In addition, this rule
corrects specifications in an operating rule appendix that were
inadvertently omitted in previous actions. These changes are necessary
to allow the continued operation of certain aircraft that are unable to
meet the existing recorder criteria using installed equipment. The
changes are also necessary for certain aircraft for which the cost to
retrofit under 1997 regulatory changes would be cost prohibitive.
DATES: This final rule is effective August 18, 2003.
FOR FURTHER INFORMATION CONTACT: Gary Davis, Flight Standards Service,
Air Transportation Division, AFS-201A, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8166; facsimile (202) 267-5229, e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search);
(2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. Therefore, any small entity that has a
question regarding this document may contact its local FAA official, or
the person listed under FOR FURTHER INFORMATION CONTACT. You can find
out more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm, or by e-mailing us at [email protected].
Background
In response to a series of recommendations issued by the National
Transportation Safety Board (NTSB), the FAA revised and updated parts
121, 125 and 135 of Title 14, Code of Federal Regulations (14 CFR) in
1997 to require that flight data recorders on U.S. registered airplanes
be upgraded to record additional parameters of data (62 FR 38362, July
17, 1997). The exact number of parameters required depends on the age
of the airplane; airplanes manufactured after August 19, 2002, must
record 88 parameters of flight data.
Prior to the 1997 rule, the specifications for flight data
recorders (the range, accuracy, sampling intervals, and resolution
required for each parameter) were found in appendix B to part 121. As
part of the 1997 rule upgrade, a new appendix M to part 121 was
created, which includes the newly required parameters and new
specifications for some of the existing parameters. The standards of
appendix M were based in part on the specifications found in the
European Organization for Civil Aviation Equipment (EUROCAE)'s Document
ED-55, Minimum Operational Performance Specifications (MOPS) for Flight
Data Recorder Systems. Appendix M requires increased range, accuracy,
sampling interval, and resolution requirements, and reflects the
performance expected of newer technologies. The same changes were made
to appendix E to part 125 (appendix E), and appendix F to part 135
(appendix F) to apply to airplanes operating under those parts.
Discussion of changes made to appendix M in this document also apply to
appendices E and F.
Actions Following the 1997 Rulemaking
Airbus Industries. Following the adoption of the 1997 regulations,
Airbus Industries (Airbus) notified the FAA that, in order to comply
with the new requirements of appendix M to part 121, several of its
airplane models would have to undergo major equipment retrofits, a
circumstance the 1997 rule explicitly tried to avoid. Airbus stated
that although the DFDR's in its airplanes recorded the required
parameters, some of the resolution and sampling intervals for certain
parameters differed slightly from those required by appendix M. The FAA
found that while Airbus had noted these differences in its comment to
the NPRM proposing the 1997 regulations, its comment was not fully
addressed in the preamble to the final rule.
After consulting with the NTSB, the FAA determined that the Airbus
differences were acceptable as an alternative. The FAA determined the
most appropriate way to accommodate the differences was to add
footnotes to specific parameters of appendix M noting the Airbus
airplanes affected and the different specifications. Footnote changes
for Airbus airplanes were adopted in 1999, 2000, and 2002.
Corrections to appendix F to part 135. When the regulations were
modified to accommodate Airbus airplanes, and during the adoption of
other recent changes affecting all airplanes, the same changes should
have been made to appendix M to part 121, appendix E to part 125, and
appendix F to part 135 to reflect the fact that affected aircraft may
operate under any of these three parts. On at least two occasions the
amendments to appendix F were inadvertently omitted. Accordingly, this
amendment incorporates all of the corresponding changes to appendix F
that were not made previously. These changes are considered conforming
changes to appendix F that are in the nature of a correction. The FAA
is not specifically requesting comment on these changes, although any
operator that finds itself adversely affected by these changes to
appendix F may submit this information to the person listed under the
For Further Information Contact heading.
[[Page 42933]]
SFAR 89
On May 31, 2001, the Boeing Company (Boeing) petitioned the FAA for
exemptions for three of its airplane models that did not meet the
resolution requirements of appendix M for certain parameters, and for
an exemption to the August 20, 2001, compliance date. Boeing requested
that operators of its airplanes be allowed to continue operating
without meeting the resolution requirements of appendix M, or that
appendix M be revised to reflect the current recording capabilities of
the affected airplanes.
After reviewing the petition, the FAA determined that it could not
issue an exemption from an operating rule to a manufacturer on behalf
of the operators of its affected airplanes. Further, the FAA found that
the issues raised in Boeing's petition were complex and could not be
resolved before the August 20 compliance date. The FAA found that
additional time was needed to gather the technical and cost information
necessary to make an informed decision and implement a solution.
In order to prevent the grounding of non-compliant airplanes, the
FAA issued Special Federal Aviation Regulation Number 89 (SFAR 89)--
Suspension of Certain Flight Data Recorder Requirements, on August 15,
2001 (66 FR 44270, August 22, 2001). The SFAR, published as a final
rule with request for comments, provides temporary relief by suspending
the resolution recording requirements for certain parameters on
specified airplanes operating under part 121, part 125, or part 135,
until August 18, 2003.
In memos dated June 25 and 27, 2001, Dassault Aviation (Dassault)
notified the FAA that two of its model airplanes could not comply with
DFDR resolution requirements. Dassault stated that, as configured with
the current flight data acquisition unit and bus assembly, affected
airplanes did not meet the resolution requirements of the regulation.
Dassault indicated development of a new data acquisition unit to meet
the resolution requirements of appendix M would be expensive, and
requested relief similar to that previously granted to Airbus. Similar
to the Boeing request, the FAA determined that there was not enough
time to gather the information necessary to resolve these issues before
the August 20, 2001, compliance date. The FAA included temporary relief
for operators of affected Dassault airplanes in SFAR 89, and maintained
that relief upon receiving a specific petition for rulemaking from
Dassault on October 11, 2002.
Anticipating that there might be other airplanes with similar DFDR
resolution issues that had not yet become evident, the FAA included a
provision in SFAR 89 that provides relief to operators of other
airplanes that might not meet the resolution recording requirements.
Operators of those airplanes were required to notify the FAA of the
situation and provide requested information in order to take advantage
of the relief provided in the SFAR. Several operators of affected
Boeing airplanes contacted the FAA to indicate that they were making
use of the SFAR relief, but no other noncompliant aircraft models have
been reported or identified.
Disposition of Comments to SFAR 89
Five comments were received in response to SFAR 89. Four of the
five comments fully support the SFAR and urge the FAA to adopt a
solution that would prevent the retrofit of currently installed
equipment. The NTSB commented in favor of the SFAR as well, but also
questioned some definitions and conclusions presented in the original
Boeing petition. All of the comments addressed the problem on Boeing
airplanes.
In a comment supplementing its original petition, Boeing stresses
that the relief from the resolution requirements provided in SFAR 89 do
not compromise the integrity of the DFDR signal and ``should not hinder
any accident or incident investigation.'' Boeing's comment includes
detailed technical information illustrating the difference between the
requirements of appendix M and the existing resolution recorded by
affected Boeing airplanes. In specific instances, Boeing notes, the
differences between the requirements and the actual resolution are
negligible, such as 9/10,000 of an inch of movement on the aileron
trailing edge.
Boeing estimates that it would cost $38 million to redesign the
components and modify the data frames in the 534 airplanes currently
affected by the regulations, and the redesign and retrofit would take
up to 3 years to complete. Boeing requests that the relief provided in
the SFAR be made a permanent part of part 121 appendix M.
The Air Transport Association (ATA) submitted two comments on
behalf of its member airlines. The first comment, dated September 21,
2001, supports the SFAR and recommends that the relief provided by the
SFAR be made permanent for affected Boeing airplanes. Citing the
parameters that were changed for specific Airbus airplanes, the ATA
states that there is no justification for forcing further changes on
Boeing airplanes because they already meet the intended purpose of the
rule. The ATA attached comments from two of its members--Airborne
Express and American Airlines--which also support adoption of a
permanent change to the rule.
In a comment dated October 16, 2001, the ATA forwarded comments
from Delta Airlines who also urges permanent adoption of the SFAR
specifications for Boeing airplanes. The ATA and two of its members
each expressed concern that a retrofit of the affected airplanes would
be costly without providing any discernible improvement in the quality
of recorded data.
United Parcel Service (UPS) supports permanent relief for Boeing
767 model airplanes. In its comment, UPS notes that the NTSB has found
the varied resolution acceptable, and that the FAA had set the
precedent for such action by amending the regulations for Airbus
airplanes. The UPS comment includes specific technical information for
the 767 model airplane. UPS states that permanent relief will allow it
to continue operating 32 Boeing 767 model airplanes without incurring
additional modification costs, and suggests that the change be adopted
in the form of a footnote, similar to those used for Airbus airplanes.
Airbus submitted a comment supporting the FAA's action to provide
relief by suspending the resolution requirements. Most of the Airbus
comment, however, addresses the relationship between the operating
rules and the certification rules of part 25, and the steps required
for certification. Airbus's comment is directed at some of the
information provided in the initial Boeing petition that was not
adopted as part of the SFAR. This includes a Boeing statement that if
its definition of resolution were adopted, there would be no need for a
list of specific resolution requirements in the regulations. Airbus
recognizes that this topic is outside the scope of the SFAR, but
indicates that the FAA should not simply accept Boeing's suggested
changes, and instead should take a harmonized approach to adoption of
working definitions for DFDR systems and specifications.
The National Transportation Safety Board (NTSB) concurs with the
intent of the SFAR to provide temporary relief while reviewing the
comments. The NTSB states that since the SFAR resulted from the May
2001 Boeing petition, the NTSB's comments address the specifics of the
Boeing petition rather than the SFAR language itself.
The NTSB notes that the Boeing petition includes a number of
requests
[[Page 42934]]
for changes to the regulations addressing flight data recorders that
are not relevant to the action providing relief for resolution
requirements on certain Boeing airplanes.
The NTSB states that resolution is critical to the quality of
digital flight data. If coarser resolution is allowed, data quality
could be reduced to an unacceptable level and would more easily be
subject to misinterpretation. The NTSB concludes that explicit
resolution requirements should remain in the regulations.
The NTSB also notes that for many parameters, the resolution
requirement is expressed as a percentage of the full range of travel of
the control surface being measured, rather than the actual range of
travel, since the latter differs widely between aircraft models. The
NTSB notes that when the total range of motion is short, the
percentages make the regulation more stringent. In such cases, the NTSB
concludes, ``The minimum resolution for a given parameter should be
evaluated to determine if regulatory relief could be granted and the
accuracy requirements maintained.'' Using that criterion, the NTSB
concludes it has no objection to the specific resolution relief
requested by Boeing (with the exception of vertical acceleration in the
Boeing 717 model airplane).
The NTSB comment goes on to give its position regarding each of the
11 specific changes requested in the Boeing petition.
FAA Response
The FAA agrees with Airbus that the issue of a new resolution
definition is beyond the scope of the rulemaking. The FAA will continue
to consider the broader issues outlined in the Boeing request, but will
not change the current format of the regulation or adopt definitions
that affect virtually all airplanes operating today. Any changes the
FAA may choose to propose would be accomplished only after input from
the industry.
In its original petition, Boeing requested that the amendments
affecting its aircraft be codified as footnotes to the affected
parameters. Based on discussions with Boeing technical representatives
and NTSB, the FAA is amending the affected appendices by making
appropriate changes requested by Boeing, except for the change to
parameter 5 (vertical acceleration).
Boeing was asked to submit additional data to the FAA in order to
clarify questions and concerns raised in the original petition and the
NTSB comment. Boeing submitted the requested data and the new
information was reviewed in a June 26, 2002, meeting between FAA
personnel and NTSB representatives. In the meeting, NTSB agreed that
global changes for the following parameters under appendix M of part
121 were acceptable: 12a, 14a, 16, 23, and 26. An amendment to footnote
12 to coordinate with changes to parameter 23 was also accepted during
the meeting. The NTSB does not support a global change to the appendix
concerning parameter 5. Instead, the NTSB agrees with the insertion of
a footnote into each affected appendix providing the necessary relief
for the Boeing B-717 airplane.
Boeing submitted another petition on October 18, 2002, seeking
changes to three additional parameters. The requested changes would
affect parameters 9, 87, and 88 for Boeing 737 and 777 airplanes. FAA
personnel later discussed the request with NTSB representatives and the
changes were found to be acceptable. The additional petition is
consistent with a request by the FAA for information regarding airplane
models that could not meet the resolution requirements, but were not
included in the relief granted in SFAR 89.
No comments were received concerning Dassault's request to amend
the resolution recording requirements for parameters 5 and 26 for two
of its airplane models. Therefore, the FAA is revising footnotes 9 and
14 in each affected appendix to accommodate Dassault's requested relief
from the existing requirement.
If the rule is not changed, operators of certain Boeing and
Dassault airplanes would be required to complete costly retrofits. The
incremental differences in the measurements obtained are considered
insignificant. By incorporating global changes and footnotes into this
rule, retrofits will not be necessary, and it is accepted that accident
investigations will not be compromised. Therefore, the FAA has
determined that retrofitting to meet the higher standards is
unnecessary. Accordingly, the FAA is amending the resolution recording
requirements for parameters 9, 12a, 14a, 16, 19, 23, 87, 88, and adding
revised footnotes to parameters 5 and 26 of appendix M of part 121,
appendix E of part 125, and appendix F of part 135. This rule also
makes a correction to footnote 11 to add a missing decimal point. The
revision of the recording requirements for parameters 9 and 19 will
remove the need for the footnotes (9 and 14) in the current regulation.
Rather than renumber each footnote in this rule, we are using footnotes
9 and 14 to apply the specific changes requested for the B-717 and
Dassault airplanes. Therefore, footnotes 9 and 14 will be revised to
apply to parameters 5 and 26 respectively.
Exceptions to DFDR Requirements
When the FAA developed the 1997 DFDR regulations, we recognized
that the costs of retrofitting some older aircraft models would be
prohibitive and would likely force the aircraft out of service. The
regulations incorporated an exceptions paragraph into each of the
operating rule parts; these paragraphs list specific aircraft models
that are not subject to the 1997 upgrade requirements. These aircraft
must continue to comply with the flight data recorder regulations
previously in effect for their operation.The FAA also noted in the
final rule that operators that found other models of aircraft
appropriate for exception status could petition the FAA for inclusion
of the aircraft model in the exceptions paragraph. In general, the FAA
bases exception status on the age of the aircraft, the number of
aircraft still in operation, and the expected cost of DFDR upgrades.
Since the 1997 rule was promulgated, the FAA has received a number
of requests for exception status. After reviewing information
submitted, most of the models were granted exemptions to continue
operating without the upgrades until the operating rules were changed.
No opposing comments were received when the exemption requests were
published. Accordingly, this rulemaking includes those additions to the
lists of excepted aircraft. While these aircraft are excepted from
upgrade requirements, most are still covered under other current
sections and as such, all installed equipment must continue to be used
and maintained according to the regulation. The sections that are being
amended to include additional excepted aircraft are Sections
121.344(l)(2), 121.344a(f), 125.226(l)(2), and 135.152(k).
Paperwork Reduction Act
There are no current or new requirements for information collection
associated with this amendment.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
[[Page 42935]]
Economic Evaluation, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to 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 impact of regulatory changes on small entities.
Third, the Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act also requires agencies to consider
international standards and, where appropriate, use them as the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation.).
Regulations that are expected to have minimal impact are not
required to be analyzed as described above. The Department of
Transportation Order 2100.5 prescribes policies and procedures for
simplification, analysis, and review of regulations. If it is
determined that the expected impact is so minimal that the proposal
does not warrant a full Evaluation, a statement to that effect and the
basis for it is included in the proposed regulation. The FAA has
determined that there are no costs associated with this final rule.
Instead, this rule relieves operators of Boeing and other aircraft from
a cost that would have been inadvertently imposed on them in the
adoption of the 1997 regulations. This cost would have been imposed on
Boeing beginning on August 20, 2002. Without exemption relief, other
operators would have been affected at various times depending on the
date of manufacture and type of equipment. This change effectuates the
original intent of the 1997 regulations.
In conducting these analyses, the FAA has determined this rule (1)
has benefits which justify its costs; (2) is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order 12866
and is not ``significant'' as defined in DOT's Regulatory Policies and
Procedures; (3) will not have a significant impact on a substantial
number of small entities; (4) will have little effect on international
trade; and (5) does not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector.
The purpose of this rule is to eliminate the necessity to
incorporate unnecessary changes into an existing type of aircraft that
already meets the requirements of the rule except for minor variations
in the resolution-recording requirement or because of age and remaining
service life it is impractical to install the new DFDR's. The FAA has
determined that allowing the continued resolution recording at a
slightly different value will not impact safety or the collection of
accident investigation data nor will excepting certain older aircraft
from the rules have a negative impact on safety. This rule relieves air
carriers from a costly retrofit with no reduction in safety.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit
regulatory requirements to the scale of the business, organizations,
and governmental jurisdictions subject to the regulation. We are
required to determine whether a proposed or final action will have a
``significant economic impact on a substantial number of small
entities'' as they are defined in the Act. If we find that the action
will have a significant impact, we must do a ``regulatory flexibility
analysis.''
This final rule will relieve unnecessary costs to operators of
certain aircraft. Therefore, the FAA expects this rule to impose no
cost on small entities. Consequently, the FAA certifies that the rule
will not have a significant economic impact on a substantial number of
small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this rulemaking and has determined that it will
reduce costs to U.S. operators of certain airplanes but will have a
minimal effect on international trade.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act), is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in a $100 million or more expenditure (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.''
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore does not have federalism implications.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this rulemaking action qualifies for a
categorical exclusion.
Energy Impact
The energy impact of the notice has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as
amended (42 U.S.C. 6362) and FAA Order 1053.1. We have determined that
the final rule is not a major regulatory action under the provisions of
the EPCA.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
[[Page 42936]]
14 CFR Part 135
Air taxis, Aircraft, Aviation safety, Reporting and record keeping
requirements.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
1. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.
0
2. Section 121.344(l)(2) is revised to read as follows:
Sec. 121.344 Digital flight data recorders for transport category
airplanes.
* * * * *
(l) * * *
(2) British Aerospace 1-11, 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, Jetstream 4100, Lockheed Aircraft Corporation Electra 10-A,
Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft
Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188,
Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries,
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited
SD3-30, Short Bros. Limited SD3-60.
0
3. Section 121.344a(f) is revised to read as follows:
Sec. 121.344a Digital flight data recorders for 10-19 seat airplanes.
* * * * *
(f) For airplanes that were manufactured before August 18, 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, Fairchild Metro SA-
227.
0
4. Appendix M to part 121 is amended to revise item numbers 5, 9, 12a,
14a, 16, 19, 23, 26, 87 and 88 and footnotes 5, 9, 11, 12 and 14 to
read as follows:
Appendix M to Part 121--Airplane Flight Recorder Specifications
The recorded values must meet the designated range, resolution,
and accuracy requirements during dynamic and static conditions. All
data recorded must be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accuracy (sensor Seconds per sampling
Parameters Range input) interval Resolution Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
5. Normal acceleration (vertical) -3g to +6g............ +/-1% of max range 0.125................ 0.004g...............
\9\. excluding datum error
of +/-5%.
* * * * * * *
9. Thrust/power on each engine-- Full range forward.... +/-2%................. 1 (per engine)....... 0.3% of full range... Sufficient parameters
primary flight crew reference. (e.g. EPR, N1 or
Torque, NP) as
appropriate to the
particular engine
being recorded to
determine power in
forward and reverse
thrust, including
potential overspeed
condition.
* * * * * * *
12a. Pitch control(s) (non fly-by- Full range............ +/-2% Unless higher 0.5 or 0.25 for 0.5% of full range... For airplanes that
wire systems). accuracy uniquely airplanes operated have a flight
required. under $121.344(f). control break away
capability that
allows either pilot
to operate the
controls
independently,
record both control
inputs. The control
inputs may be
sampled alternately
once per second to
produce the sampling
interval of 0.5 or
0.25, as applicable.
* * * * * * *
14a. Yaw control position(s) (non- Full range............ +/-2[deg] Unless 0.5.................. 0.3% of full range... For airplanes that
fly-by-wire) \5\. higher accuracy have a flight
uniquely required. control break away
capability that
allows either pilot
to operate the
controls
independently,
record both control
inputs. The control
inputs may be
sampled alternately
once per second to
produce the sampling
interval of 0.5.
* * * * * * *
16. Lateral control surface(s) Full range............ +/-2[deg] Unless 0.5 or 0.25 for 0.3% of full range... A suitable
position\7\. higher accuracy airplanes operated combination of
uniquely required. under Sec. surface position
121.344(f). 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 or
0.25.
* * * * * * *
19. Pitch trime surface position... Full range............ +/-3[deg] Unless 1.................... 0.6% of full range...
higher accuracy
uniquely required.
* * * * * * *
23. Ground spoiler position or Full range or each +/-2[deg] Unless 1 or 0.5 for 0.5% of full range...
brake selection \12\. position (discrete). higher accuracy airplanes operated
uniquely required. under Sec.
121.344(f).
[[Page 42937]]
* * * * * * *
26. Radio Altitude \14.\........... -20 ft to 2,500 ft.... +/-2 ft or +/-3% 1.................... 1 ft +5% above 500 ft For autoland/category
whichever is greater 3 operations. Each
below 500 ft and +/- radio altimeter
5% above 500 ft. should be recorded,
but arranged so that
at least one is
recorded each
second.
* * * * * * *
87. Ground spoiler position and Full range or discrete +/-5%................. 0.5.................. 0.3% of full range...
speed brake selection.
88. All cockpit flight control Full range control +/-5%................. 1.................... 0.3% full range...... For fly-by-wire
input forces (control wheel, wheel +/-70 lb flight control
control column, rudder pedal). control column +/-85 systems, where
rudder pedal +/-165. flight control
surface position is
a function of the
displacement of the
control input device
only, it is not
necessary to record
this 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703[deg]0.120[deg]).
* * * * * * *
\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352[deg]0.100[deg]). For A330/A340 series airplanes, spoiler resolution =
1.406% (0.703[deg]0.100[deg]).
* * * * * * *
\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
* * * * * * *
\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]). For A300 B2/B4 series airplanes, resolution = 0.92%
(0.230[deg]0.125[deg]).
\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703[deg]0.100[deg]).
* * * * * * *
\14\ For Dassault F900C/F900EX airplanes, Radio altitude resolution = 1.25 ft.
* * * * * * *
0
5.-6. Special Federal Aviation Regulation No. 89 (SFAR 89)--Suspension
of Certain Flight Recorder Requirements is removed on the date this
rule becomes effective.
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; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
7. 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.
0
8. Section 125.226(l)(2) is revised to read as follows:
Sec. 125.226 Digital flight data recorders.
* * * * *
(l) * * *
(2) British Aerospace 1-11, 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, Jetstream 4100, Lockheed Aircraft Corporation Electra 10-A,
Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft
Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188,
Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries,
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited
SD3-30, Short Bros. Limited SD3-60.
0
9. Appendix E to part 125 is amended to revise item numbers 5, 9, 12a,
14a, 16, 19, 23, 26, 87 and 88 and footnotes 5, 9, 11, 12 and 14 to
read as follows:
Appendix E to Part 125--Airplane Flight Recorder Specifications
The recorded values must meet the designated range, resolution,
and accuracy requirements during dynamic and static conditions. All
data recorded must be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accuracy (sensor Seconds per sampling
Parameters Range input) interval Resolution Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
5. Normal Acceleration (Vertical) -3g to +6g............ +/-1% of max range 0.125................ 0.004g.
\9\. excluding datum error
of +/-5%.
* * * * * * *
9. Thrust/Power on each engine-- Full Range Forward.... +/-2%................. 1 (per engine)....... 0.3% of full range... Sufficient parameters
primary flight crew reference. (e.g. EPR, N1 or
Torque, NP) as
appropriate to the
particular engine
being recorded to
determine power in
forward and reverse
thrust, including
potential overspeed
condition.
[[Page 42938]]
* * * * * * *
12a. Pitch Control(s) position (non- Full Range............ +/-2% Unless Higher 0.5 or 0.25 for 0.5% of full range... For airplanes that
fly-by-wire systems). Accuracy Uniquely airplanes operated have a flight
Required. under Sec. control break away
121.344(f). capability that
allows either pilot
to operate the
controls
independently,
record both control
inputs. The control
inputs may be
sampled alternately
once per second to
produce the sampling
interval of 0.5 or
0.25, as applicable.
* * * * * * *
14a. Yaw Control position(s) (non- Full Range............ +/-2[deg] Unless 0.5.................. 0.3% of full range... For airplanes that
fly-by-wire) \5\. Higher Accuracy have a flight
Uniquely Required. control break away
capability that
allows either pilot
to operate the
controls
independently,
record both control
inputs. The control
inputs may be
sampled alternately
once per second to
produce the sampling
interval of 0.5.
* * * * * * *
16. Lateral Control Surface(s) Full Range............ +/-2[deg] Unless 0.5 or 0.25 for 0.3% of full range... A suitable
Position \7\. Higher Accuracy airplanes operated combination of
Uniquely Required. under Sec. surface position
121.344(f). 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 or
0.25.
* * * * * * *
19. Pitch Trim Surface Position.... Full Range............ +/-3[deg] Unless 1.................... 0.6% of full range
Higher Accuracy
Uniquely Required.
* * * * * * *
23. Ground Spoiler Position or Full Range or Each +/-2[deg] Unless 1 or 0.5 for 0.5% of full range
Speed Brake Selection \12\. Position (discrete). Higher Accuracy airplanes operated
Uniquely Required. under Sec.
121.344(f).
* * * * * * *
26. Radio Altitude \14\............ -20 ft to 2,500 ft.... +/-2 ft or +/-3% 1.................... 1 ft +5% Above 500 ft For autoland/category
Whichever is Greater 3 operations. Each
Below 500 ft and +/- radio altimeter
5% above 500 ft. should be recorded,
but arranged so that
at least one is
recorded each
second.
* * * * * * *
87. Ground spoiler position and Full Range or Discrete +/-5%................. 0.5.................. 0.3% of full range
speed brake selection.
88. All cockpit flight control Full Range Control +/-5%................. 1.................... 0.3% of full range For fly-by-wire
input forces (control wheel, Wheel +/-70 lbs flight control
control column, rudder pedal). Control Column +/-85 systems, where
lb Rudder pedal +/- flight control
165 lbs. surface position is
a function of the
displacement of the
control input device
only, it is not
necessary to record
this 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703[deg]0.120[deg]).
* * * * * * *
\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352[deg]0.100[deg]). For A330/A340 series airplanes, spoiler resolution =
1.406% (0.703[deg]0.100[deg]).
* * * * * * *
\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
* * * * * * *
\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]). For A330 B2/B4 series airplanes, resolution = 0.92%
(0.230[deg]0.125[deg]).
\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703[deg]0.100[deg]).
* * * * * * *
\14\ For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.
* * * * * * *
[[Page 42939]]
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
10.-11. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 41706, 44113, 44101, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722.
0
12. Section 135.152(k) is revised to read as follows:
Sec. 135.152 Flight recorders.
* * * * *
(k) For aircraft manufactured before August 18, 1997, the following
aircraft types need not comply with this section: Bell 212, Bell 214ST,
Bell 412, Bell 412SP, Boeing Chinook (BV-234), Boeing/Kawasaki Vertol
107 (BV/KV-107-II), deHavilland DHC-6, Eurocopter Puma 330J, Sikorsky
58, Sikorsky 61N, Sikorsky 76A.
0
13. Appendix F to part 135 is amended to revise item numbers 1, 5, 7,
9, 12a, 12b, 13b, 14a, 15, 16, 17, 19, 20, 21, 23, 24, 26, 37, 42, 57,
87 and 88 and adding footnotes 1 through 17 to read as follows:
Appendix F to Part 135--Airplane Flight Recorder Specifications
The recorded values must meet the designated range, resolution,
and accuracy requirements during dynamic and static conditions. All
data recorded must be correlated in time to within one second.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accuracy (sensor Seconds per sampling
Parameters Range input) interval Resolution Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
1. Time or Relative Time Counts \1\ 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.
* * * * * * *
5. Normal Acceleration (Vertical) -3g to +6g............ +/-1% of max range 0.125................ 0.004g
\9\. excluding datum error
of +/-5%.
* * * * * * *
7. Roll Attitude \2\............... +/-180[deg]........... +/-2[deg]............. 1 or 0.5 0.5 0.5[deg]............. A sampling rate of
airplanes operated 0.5 is recommended.
under Sec.
135.152(j).
* * * * * * *
9. Thrust/Power on each engine-- Full Range Forward.... +/-2%................. 1 (per engine)....... 0.3% of full range... *COM041*Sufficient
primary flight crew reference. parameters (e.g.
EPR, N1 or Torque,
NP) as appropriate
to the particular
engine being
recorded to
determine power in
forward and reverse
thrust, including
potential overspeed
condition.
* * * * * * *
12a. Pitch Control(s) position (non- Full Range............ +/-2[deg] Unless 0.5 or 0.25 for 0.5% of full range... For airplanes that
fly-by-wire systems). Higher Accuracy airplanes operated have a flight
Uniquely Required. under Sec. control break away
135.152(j). capability that
allows either pilot
to operate the
controls
independently,
record both control
inputs. The control
inputs may be
sampled alternately
once per second to
produce the sampling
interval of 0.5 or
0.25, as applicable.
12b. Pitch Control(s) position (fly- Full Range............ +/-2[deg] Unless 0.5 or 0.25 for 0.2% of full range
by-wire systems) \3\. Higher Accuracy airplanes operated
Uniquely Required. under Sec.
135.152(j).
* * * * * * *
13b. Lateral Control position(s) Full Range............ +/-2[deg] Unless 0.5 or 0.25 for
(fly-by-wire) \4\. Higher Accuracy airplanes operated
Uniquely Required. under Sec.
135.152(j).
14a. Yaw Control position(s) (non- Full Range............ +/-2[deg] Unless 0.5 or 0.25 for 0.3% of full range For airplanes that
fly-by-wire) \5\. Higher Accuracy airplanes operated have a flight
Uniquely Required. under Sec. control break away
135.152(j). capability that
allows either pilot
to operate the
controls
independently,
record both control
inputs. The control
inputs may be
sampled alternately
once per second to
produce the sampling
interval of 0.5.
* * * * * * *
15. Pitch Control Surface(s) Full Range............ +/-2[deg] Unless 0.5 or 0.25 for 0.2% of full range... For airplanes fitted
Position \6\. Higher Accuracy airplanes operated with multiple or
Uniquely Required. under Sec. split surfaces, a
135.152(j). suitable combination
of inputs is
acceptable in lieu
of recording each
surface separately.
The control surfaces
may be sampled
alternately to
produce the sampling
interval of 0.5 or
0.25.
16. Lateral Control Surface(s) Full Range............ +/-2[deg] Unless 0.5 or 0.25 for 0.2% of full range... A suitable
Position \7\. Higher Accuracy airplanes operated combination of
Uniquely Required. under Sec. surface position
135.152(j). 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 or
0.25.
[[Page 42940]]
17. Yaw Control Surface(s) Position Full Range............ +/-2[deg] Unless 0.5.................. 0.2% of full range... For airplanes with
\8\. Higher Accuracy multiple or split
Uniquely Required. surfaces, a suitable
combination of
surface position
sensors is
acceptable in lieu
of recording each
surface separately.
The control surfaces
may be sampled
alternately to
produce the sampling
interval of 0.5.
* * * * * * *
19. Pitch Trim Surface Position.... Full Range............ +/-3[deg] Unless 1.................... 0.6% of full range
Higher Accuracy
Uniquely Required.
20. Trailing Edge Flap or Cockpit Full Range or Each +/-3[deg] or as 2.................... 0.5% of full range... Flap position and
Control Selection \10\. Position (discrete). Pilot's Indicator. cockpit control may
each be sampled
alternately at 4
second intervals, to
give a data point
every 2 seconds.
21. Leading Edge Flap or Cockpit Full Range or Each +/-3[deg] or as 2.................... 0.5% of full range... Left and right sides,
Control Selection \11\. Discrete Position. Pilot's Indicator and of flap position and
sufficient to cockpit control may
determine each each be sampled at 4
discrete position. second intervals, so
as to give a data
point to every 2
seconds.
* * * * * * *
23. Ground Spoiler Position or Full Range or Each +/-2[deg] Unless 1 or 0.5 for 0.5% of full range
Speed Brake Selection \12\. Position (discrete). Higher Accuracy airplanes operated
Uniquely Required. under Sec.
135.152(j).
24. Outside Air Temperature or -50[deg] C to +90[deg] +/-2[deg] C........... 2.................... 0.3[deg] C
Total Air Temperature \13\. C.
* * * * * * *
26. Radio Altitude \14\............ -20 ft to 2,500 ft.... +/-2 ft or +/-3% 1.................... 1 ft +5% above 500 ft For autoland/category
Whichever is Greater 3 operations. Each
Below 500 ft and +/- radio altimeter
5% Above 500 ft. should be recorded,
but arranged so that
at least one is
recorded each
second.
* * * * * * *
37. Drift Angle \15\............... As installed.......... As installed.......... 4.................... 0.1[deg]
* * * * * * *
42. Throttle/power lever position Full Range............ +/-2%................. 1 for each lever..... 2% of full range..... For airplanes with
\16\. non-mechanically
linked cockpit
engine controls.
* * * * * * *
57. Thrust comand \17\............. Full Range............ +/-2%................. 2.................... 2% of full range
* * * * * * *
87. Ground spoiler position and Full Range or Discrete +/-5%................. 0.5.................. 0.3% of full range
speed brake selection.
88. All cockpit flight control Full Range Control +/-5%................. 1.................... 0.3% of full range... For fly-by-wire
input forces (control wheel, Wheel +/-70 lbs flight control
control column, rudder pedal). Control Column +/-85 systems, where
lb Rudder pedal +/- control surface
165 lbs. position is a
function of the
displacement of the
control input device
only, it is not
necessary to record
this 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.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For A300 B2/B4 airplanes, resolution = 6 seconds.
\2\ For A330/A340 series airplanes, resolution = 0.703[deg].
\3\ For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088[deg]0.064[deg]). For A330/A340 series airplanes, resolution = 2.20%
(0.703[deg]0.064[deg]).
\4\ For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088[deg]0.080[deg]). For A330/A340 series airplanes, resolution = 1.76%
(0.703[deg]0.080[deg]).
\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703[deg]0.120[deg]).
\6\ For A330/A340 series airplanes, resolution = 0.783% (0.352[deg]0.090[deg]).
\7\ For A330/A340 series airplanes, aileron resolution = 0.704% (0.352[deg]0.100[deg]). For A330/A340 series airplanes, spoiler resolution =
1.406% (0.703[deg]0.100[deg]).
\8\ For A330/A340 series airplanes, resolution = 0.30% (0.176[deg]0.12[deg]). For A330/A340 series airplanes, seconds per sampling interval =
1.
\9\ For B-717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
\10\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]).
\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250[deg]0.120[deg]). For A300 B2/B4 series airplanes, resolution = 0.92%
(0.230[deg]0.125[deg]).
\12\ For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703[deg]0.100[deg]).
\13\ For A330/A340 series airplanes, resolution = 0.5[deg] C.
\14\ For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.
\15\ For A330/A340 series airplanes, resolution = 0.352 degrees.
\16\ For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever
angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54
degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value
of 96.14 degrees.
\17\ For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
[[Page 42941]]
Issued in Washington, DC, on July 14, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-18269 Filed 7-16-03; 2:33 pm]
BILLING CODE 4910-13-P