80 FR 11108 - Policy Regarding Datalink Communications Recording Requirements
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 40 (March 2, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11108-11111 | |
| FR Document | 2015-04158 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Rules and Regulations] [Pages 11108-11111] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04158] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 121, 125, and 135 [Docket No. FAA-2015-0289] Policy Regarding Datalink Communications Recording Requirements AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Policy update and clarification; request for comments. ----------------------------------------------------------------------- SUMMARY: This policy statement updates and clarifies how the FAA determines when datalink communications must be recorded as a function of the cockpit voice recorder operational regulations. This policy update eliminates unneeded limitations in current policy, and restates the FAA's intent that the requirement function as a performance-based regulation. DATES: Effective March 2, 2015. Comments must be received by June 1, 2015. ADDRESSES: Send comments identified by docket number FAA-2015-0289 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: Fax comments to Docket Operations at (202) 493-2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action contact Tim Shaver, Flight Standards Service, Aircraft Maintenance Division--Avionics Maintenance Branch, AFS-360, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-1675, Fax: (202) 267-1813, email: [email protected]. For legal questions concerning this action contact Karen Petronis, Senior Attorney, Regulations Division, AGC-200, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8018, email: [email protected]. SUPPLEMENTARY INFORMATION: Background In 2008, the FAA promulgated several amendments to the flight recorder regulations of Title 14 of the Code of Federal Regulations (73 FR 12542, March 7, 2008; Docket No. FAA-2005-20245). Those regulations amended the requirements for cockpit voice recorders (CVR) and digital flight data recorders (DFDR) and affected certain air carriers, operators, and aircraft manufacturers. In amending the regulations, the FAA [[Page 11109]] increased the duration of certain CVR recordings; increased the data recording rate for certain DFDR parameters; required the physical separation of the DFDR and CVR; required improved reliability of the power supplies to both the CVR and DFDR; and required that datalink communications to or from an aircraft be recorded if datalink communication (DLC) equipment is installed. The changes were based on recommendations issued by the National Transportation Safety Board (NTSB) following its investigations of several accidents and incidents, and included other revisions the FAA determined necessary. These changes to CVR and DFDR systems were intended to improve the quality and quantity of information recorded and retained for accident and incident investigations. When the rule was promulgated, the FAA recognized that emergent DLC technology was changing the equipment and means used by pilots to communicate. While the 2008 regulations did not mandate the installation of datalink communication equipment, the FAA recognized the value of the data communications on the aircraft equipped with DLC, and the need for communicated data to be recorded. In the preamble to the 2008 final rule, the FAA discussed a range of comments received about datalink communications, including compatibility with international standards, compliance time, recording capacities, and the application of the requirement to existing datalink capabilities. Many of the FAA's responses to those comments indicated that the requirement to record would depend on the dates of certification, whether the certification was at manufacture or was a retrofit, the extent of equipment installation and functionality, the scope of the message set and changes made to it. In retaining the installation of DLC as optional, but making recording mandatory at installation, the FAA expected that the expansion of datalink technology and its increasing value to operators would result in routine recordation of the communications. Since 2010, implementation of the Controller Pilot Data Link Communications (CPDLC) recording requirement has become more complex than anticipated. The FAA has been presented with a greater number of discrete aircraft equipment installations than expected when the rule was promulgated. As such, individual decisions on whether the recording rule applied have become difficult to make consistently within the scope of our original guidance. At issue are aircraft that were manufactured before the effective date of the rule (December 6, 2010) that require widely varying levels of additional CPDLC equipment or software to be fully functional. Regulatory Basis The regulation requires recordation of the data on the CVR, and was added to the CVR sections of various operating rules in 14 CFR. These regulations were linked to the certification regulations for the particular aircraft, which refer to an approved data message set that must be recorded from the communications unit that translates the signal into data usable by the flight crew (in most cases the flight management system). Rather than define a specific message set, the FAA intended that the requirement be performance based to account for the differing needs and equipage of operators and the evolution of data capabilities. There are two guidance documents that apply to datalink communications. First, Advisory Circular, AC 20-160--Onboard Recording of Controller Pilot Data Link Communication (CPDLC) in Crash Survivable Memory, identifies CPDLC messages that may be approved for inclusion in an approved message set. We regularly review this document as new DLC systems and capabilities are developed, the need for specific information changes, and coordination with other international regulating entities occurs. The second guidance document is an FAA information bulletin, InFO 10016, released August 16, 2010, which was intended to present in more detail the circumstances that make the recordation requirement applicable to a specific aircraft. When applied to individual aircraft, however, the guidance documents raised unanticipated questions regarding when the requirement would apply, including the effect of equipment changes, and whether the timing of certain changes could alter the applicability of the recording requirement. For example, while the FAA recognized that there were aircraft with DLC system design approvals established before the effective date of the rule, the question arose whether simple activation of the same system (such as by a software modification) would make recording mandatory. Since the system designs were approved prior to the rule, they would not have included DLC recording as part of the initial certification requirements, either for the system or the message set. The InFO included guidance on upgrading existing aircraft with DLC recording capability, which included a decision process requiring consideration of multiple factors, such as the date of manufacture of the aircraft, whether installation of both a CVR and a flight data recorder were required, the date of installation of any datalink equipment on the aircraft, whether the datalink equipment had an approved message set, whether a supplemental type certificate was required to install or activate the datalink equipment, and whether a software change alone was sufficient to make the data link recording requirement applicable to a particular aircraft. Current Operating Environment Since the 2008 rules were promulgated, domestic CPDLC has expanded and evolved, and is poised to become a significant means to enhance safety, efficiency and capacity in the domestic national airspace system (NAS). The FAA is now actively promoting the use of this technology, and has invested in the Data Communications Program (Data Comm) to provide more robust DLC services between pilots and air traffic controllers. Data Comm will provide a data link between the ground and flight deck avionics for safety-of-flight air traffic control clearances, instructions, traffic flow management messages, flight crew requests, and reports. Data Comm has also become a core component of NextGen, as Data Comm provides needed enhancements for communication infrastructure. Data Comm is expected to reduce the impact of ground delays that result from airport reconfigurations, weather, and congestion; reduce communication errors; improve controller and pilot efficiency through automated information exchange; enable broader use of NextGen services (e.g., enhanced re-routes, trajectory operations); and increase controller productivity, leading to increased NAS capacity. The FAA is developing data communications capability in two phases. Segment 1 Phase 1 (S1P1) will deploy the CPDLC departure clearance capability in the tower domain. Segment 1 Phase 2 (S1P2) will deliver data communications services to the en route domain (such as airborne reroutes, transfer of communications/initial check-in, and direct-to- fix routing). A second segment enhancing these services is also planned. Collectively, these services will contribute to a reduction in flight delays, reduced environmental impacts, and more efficient routes for aircraft resulting in increased operational efficiency, added flexibility, and enhanced safety. In order [[Page 11110]] to realize the benefits of Data Comm in the NAS domestically, additional aircraft beyond those that currently support Data Comm in the Oceanic airspace are needed. As part of the equipage initiative to support Data Comm, operators seeking to incorporate DLC equipment through the FAA-sponsored Data Comm program have reported that current interpretations of the rule and the guidance materials have resulted in an inconsistent determination of when DLC recordation is required on individual aircraft. The resulting uncertainty has delayed the installation of DLC equipment, with operators reporting significant costs to modify aircraft to record this data if the aircraft is not already equipped with the necessary wiring and upgraded information management systems. The difficulties and inconsistencies in application of the recordation criteria are reducing industry participation in the Data Comm program. As part of the NexGen Implementation Working Group (NIWG) activities in 2014, industry representatives noted that their declining participation in the Data Comm program was the result of the additional cost of the recording equipment, further delaying the goal of the fleet size needed to make the system effective. In 2014, the NIWG recommended that the Performance-based Operations Rulemaking Committee (PARC) develop a recommendation on the recording rule and present it to the FAA. The PARC is an FAA-sponsored rulemaking committee that has both the FAA and aviation community at large among its members, and which makes recommendations to FAA management on the issues it addresses. Since 2005, the PARC has maintained a Communications Working Group (CWG) to address the implementation of aeronautical communications systems. In 2012, the PARC CWG began a review of airborne datalink recording capabilities. The interplay of the recording regulation and the implementation of NextGen were confirmed by the findings of the PARC in its report it submitted to the FAA in October 2014. The FAA met with the PARC CWG and the Data Comm program participants and came to the conclusions already discussed--that determining whether datalink recording is required on individual aircraft manufactured before the effective date of the rule is difficult, resulting in confused and inconsistent decision making; and that the Datalink Recording (DLR) equipage policy defined in the current InFO 10016 leaves questions as to whether certain equipment changes and revisions to DLC systems and certification documentation caused the recordation requirement to apply. Cost of Modification Since datalink recording itself was still optional under the 2008 regulation, and the use of datalink communication was still limited, neither the recording requirement nor the guidance focused on the cost of the installing recording equipment or on the safety benefits of DLC use. The optional installation and varied use on in-service aircraft left the FAA unable to estimate whether, when, or how many existing aircraft would install DLC systems with CPDLC functionality. The FAA anticipated that the economic benefits of DLC to an operator would be the determining factor in a decision whether to install it at all. With the recent input of the NIWG and the PARC, the economic impact of installing a required DLC recording system is becoming better understood. Cost data have been collected from the airline partners that are participating in the Data Comm program and the PARC. The reported cost for installing the recording functions is $135,000 per aircraft. The costs associated with equipping an aircraft manufactured before 2010 with datalink recording were approximated as follows: CVR Hardware--$18,000 CVR Control Panel--$7,000 Non-Recurring Engineering (CVR)--$10,000 New Communications Management Unit (CMU) (recording capable)-- $35,000 New CMU software that enables datalink recording--$10,000 Non-recurring Engineering (CMU)--$10,000 Installation Kits (CVR/CMU combined)--$10,000 Installation Labor--$15,000 Aircraft out of service costs (wiring run and access required)--$20,000 Datalink Communication Safety Benefits While the efficiency benefits of CPDLC had been projected and quantified in several studies that were available at the time of the rulemaking, the safety benefits had not been the subject of similar study. In 2012, the FAA began a preliminary analysis on the potential safety benefits arising from the implementation of two systems, the Future Air Navigation System (FANS 1/A) CPDLC and Automatic Dependent Surveillance--Contract (ADS-C), and presented the results to the North Atlantic Safety Analysis Reduced Separation Implementation Group (NAT SARSIG) in 2012. As the summary of discussions and conclusions of the meeting states, ``These preliminary results indicated a significant potential for enhancing safety in the International Civil Aviation Organization North Atlantic Region (ICAO NAT) Region, particularly in the vertical dimension.'' (See Appendix L to the Summary of Discussions of the NAT SARSIG Sixteenth Meeting, October 2012, included in the docket for this notice). The NAT SARSIG indicated that projected safety benefits include improved conformance monitoring and intervention capability through early detection and resolution of errors via integrated FANS 1/A CPDLC and ADS-C; a reduction in errors associated with manual pilot data entry of clearances resulting from the ability to load data link clearances directly into the Flight Management System (FMS); and a reduction in the duration of loss of communication between aircraft and air traffic control (ATC) when transferring ATC contact by using a reviewable message. The ability to send reviewable messages is expected to significantly reduce several communications errors, such as read-back and hear-back errors, lack of read-back and hear-back, and audio interruptions. These types of communications errors impact ATC operations. As an example, failure to comply with an assigned altitude may result from not hearing the communication, hearing it incorrectly, or ATC not hearing a reply. In its report, the PARC recommended first that the FAA clarify its guidance material to indicate that the recordation requirement does not apply to certain cases of datalink retrofit including those aircraft (1) that have an existing certified datalink capability; (2) that can activate a datalink capability that was certified before the effective date of the rule; and (3) that modify installation modifications to certified data link capability that do not change the FANS 1/A or ATN B1 interoperability. The PARC also recommended that the FAA go further and revise the regulations to exclude any aircraft manufactured before the effective date of the rule from the requirement to record datalink communications messages, regardless of the date of installation of the DLC equipment. Finally, the PARC recommended that the FAA work with the European Aviation Safety Agency and ICAO to continue harmonizing data link recording rules, their applicability, and timelines. [[Page 11111]] FAA Analysis The FAA has reviewed the PARC report and discussed the issue with various aviation organizations. Based on the data and recommendations received, the FAA concluded that a significant need for clarification and revision of current policy exits. The agency and the industry have made significant investment in data communications. These systems are expected to reduce communication errors and improve safety in the NAS as they enhance NAS efficiency and capacity. The FAA better understands the cost of installing DLR systems on aircraft that were designed and manufactured before the regulation was promulgated and no provisions for DLC recording were available. Most aircraft produced after the effective date of the rule have the base mechanisms for DLC already installed at manufacture, which significantly decreases the cost and impact of incorporating a recording component. Accordingly, the policy changes announced in this document are applicable to aircraft that were manufactured before December 6, 2010 (or April 6, 2012, if complying with part 91). The FAA agrees that the complexity of the current guidance has resulted in inconsistent application of the rule. The recording regulation was not intended to discourage the installation of datalink capability, and its applicability should not depend on the subjective interpretation of factors as minor as the day a previously installed system was turned on or the scope of changes to a previously approved DLC system. In order to maximize the safety and efficiency benefits of DLC use in the NAS, the FAA is simplifying its guidance regarding the applicability of the recording requirement for aircraft that were manufactured before the effective date of the rule. The target aircraft for this policy change represent approximately 30% of the current U.S. fleet operating under parts 121 and 135, as reported by the PARC. These 2,116 aircraft were manufactured prior to 2010 and had a certified DLC system that was available before the recordation rule became effective. This number will gradually decrease as these older aircraft are retired and replaced. Since DLC recordation was not required when these aircraft were manufactured, none of the messages associated with those certified systems were identified, making application of the regulation difficult and inconsistent. The FAA forecasts that by 2020, 34% of the U.S. fleet (approximately 2,200) will consist of aircraft manufactured after 2010 that have DLC recording capability. Comments Requested While this policy update is effective on publication, the FAA seeks comment from interested persons regarding the application of the policy to affected operators. We are particularly interested in comments identifying the make/model/series of aircraft that had a certified DLC design approval prior to the effective date of the rule, and any information regarding the economic impacts of the prior and revised polices, and descriptions of circumstances for which application of the regulation remains unclear following this policy update. Updated Policy Datalink recording requirements are found in the operating regulations of Title 14 of the Code of Federal Regulations (14 CFR), specifically in Sec. 91.609, effective April 6, 2012; and in Sec. Sec. 121.359, 125.227 and 135.151, effective December 6, 2010. These regulations each require that the subject airplanes or rotorcraft that install datalink communication equipment on or after [the effective date of the rule], must record all datalink messages as required by the certification rule applicable to the aircraft. This policy statement clarifies how the FAA defines the phrase ``install datalink communication equipment'' for purposes of the recordation requirement. Clarification of this policy and FAA guidance material is intended to assist FAA personnel and aircraft operators in determining when datalink recording is required. Definition of Datalink Communication Equipment The term ``datalink communication equipment'' as used in these regulations, means all of the components installed on the aircraft that are necessary to complete data communications. The equipment may vary for individual aircraft, but could include the Flight Management Computer; Communications Management Unit (CMU), or equipment with an equivalent function that hosts an approved message set (e.g., CPDLC application), the datalink router (e.g., hosted in the CMU) that routes the messages to the radios, any radios (e.g., VHF, HF Datalink, Satcom) that are used to transmit the messages using an approved message set, and any antennas associated with these radios. Applicability In applying this regulation, aircraft are divided into two groups: Those manufactured on or after the effective date of the rule, and those manufactured before that date. Those airplanes or rotorcraft manufactured on or after the effective date, must record all datalink communications when both of the following conditions are met: The aircraft is required to have both a cockpit voice recorder and a flight data recorder; and The aircraft has datalink equipment installed that uses an approved message set (see FAA Advisory Circular 20-160). Those airplanes or rotorcraft manufactured before the effective date of the rule must record all datalink communications when both of the following conditions are met: The aircraft is required to have both a cockpit voice recorder and a flight data recorder; and The MAKE/MODEL/SERIES of the aircraft did not have any certified DLC equipment installation design approval (providing one or more of the messages identified in AC 20-160) prior to the effective date of the rule. The FAA InFO 10016 dated August 16, 2010 is cancelled. A revised InFO reflecting the policy changes noted here is under development and will be posted on the FAA Web site when completed. Issued in Washington, DC, on February 23, 2015. John S. Duncan, Director, Flight Standards Service. [FR Doc. 2015-04158 Filed 2-25-15; 11:15 am] BILLING CODE 4910-13-P
![11108 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
in the Federal Register on December 15, R–2935 Cape Canaveral, FL • Mail: Send comments to Docket
2014, that made minor adjustments to [Corrected] Operations, M–30; U.S. Department of
the boundary descriptions of restricted On page 74018, first column, remove Transportation (DOT), 1200 New Jersey
areas R–2932, R–2933, R–2934 and R– the current boundaries and add in its Avenue SE., Room W12–140, West
2935 at Cape Canaveral, FL. Due to a place the following: Building Ground Floor, Washington, DC
submission error, one latitude/longitude Boundaries. Beginning at lat. 20590–0001.
point was omitted from the description 28°47′21″ N., long. 81°04′59″ W.; to lat. • Hand Delivery or Courier: Take
of restricted area R–2935, Cape 28°58′02″ N., long. 80°46′58″ W.; thence comments to Docket Operations in
Canaveral, FL. This action corrects the 3 NM from and parallel to the shoreline; Room W12–140 of the West Building
boundary description of R–2935 by to lat. 28°51′16″ N., long. 80°42′29″ W.; Ground Floor at 1200 New Jersey
adding the missing point. to lat. 28°51′16″ N., long. 80°47′14″ W.; Avenue SE., Washington, DC, between 9
DATES: Effective date 0901 UTC, March to lat. 28°49′11″ N., long. 80°50′44″ W.; a.m. and 5 p.m., Monday through
5, 2015. to lat. 28°38′01″ N., long. 80°47′01″ W.; Friday, except Federal holidays.
• Fax: Fax comments to Docket
FOR FURTHER INFORMATION CONTACT: Paul to lat. 28°31′21″ N., long. 80°43′49″ W.;
Operations at (202) 493–2251.
Gallant, Airspace Policy and to lat. 28°25′01″ N., long. 80°41′44″ W.;
Privacy: In accordance with 5 U.S.C.
Regulations Group, AJV–11, Office of to lat. 28°25′01″ N., long. 80°37′59″ W.;
553(c), DOT solicits comments from the
Airspace Services, Federal Aviation to lat. 28°24′31″ N., long. 80°29′52″ W.;
public to better inform its rulemaking
Administration, 800 Independence thence 3 NM from and parallel to the
process. DOT posts these comments,
Avenue SW., Washington, DC 20591; shoreline; to lat. 28°19′01″ N., long.
without edit, including any personal
telephone: (202) 267–8783. 80°33′00″ W.; to lat. 28°19′01″ N., long.
information the commenter provides, to
SUPPLEMENTARY INFORMATION:
80°46′29″ W.; to the point of beginning.
www.regulations.gov, as described in
Issued in Washington, DC, on February 19, the system of records notice (DOT/ALL–
Background 2015. 14 FDMS), which can be reviewed at
On December 15, 2014, the FAA Gary A. Norek, www.dot.gov/privacy.
published a final rule; technical Manager, Airspace Policy and Regulations Docket: Background documents or
amendment in the Federal Register that Group. comments received may be read at
made minor adjustments to the [FR Doc. 2015–04290 Filed 2–27–15; 8:45 am] http://www.regulations.gov at any time.
boundary descriptions of restricted BILLING CODE 4910–13–P Follow the online instructions for
areas R–2932, R–2933, R–2934 and R– accessing the docket or Docket
2935 at Cape Canaveral, FL (79 FR Operations in Room W12–140 of the
74016). Subsequent to publication, it DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200
was determined that one latitude/ New Jersey Avenue SE., Washington,
longitude coordinate had been omitted Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday
from the boundary description of through Friday, except Federal holidays.
restricted area R–2935. The omission 14 CFR Parts 91, 121, 125, and 135
FOR FURTHER INFORMATION CONTACT: For
causes a slight gap between the technical questions concerning this
boundaries of R–2935 and adjacent [Docket No. FAA–2015–0289]
action contact Tim Shaver, Flight
restricted areas. This correction inserts Standards Service, Aircraft Maintenance
Policy Regarding Datalink
‘‘lat. 28°25′01″ N., long 80°37′59″ W.,’’ Division—Avionics Maintenance
Communications Recording
between the points ‘‘lat. 28°25′01″ N., Branch, AFS–360, Federal Aviation
Requirements
long. 80°41′44″ W.,’’ and ‘‘lat. 28°24′31″ Administration, 800 Independence
N., long. 80°29′52″ W.’’ AGENCY: Federal Aviation Avenue SW., Washington, DC 20591;
List of Subjects in 14 CFR Part 73 Administration (FAA), Department of telephone: (202) 267–1675, Fax: (202)
Transportation (DOT). 267–1813, email: tim.shaver@faa.gov.
Airspace, Prohibited areas, Restricted ACTION: Policy update and clarification; For legal questions concerning this
areas. request for comments. action contact Karen Petronis, Senior
Correction to Final Rule; Technical Attorney, Regulations Division, AGC–
Amendment SUMMARY: This policy statement updates 200, Office of the Chief Counsel, Federal
and clarifies how the FAA determines Aviation Administration, 800
Accordingly, pursuant to the when datalink communications must be Independence Avenue SW.,
authority delegated to me, the boundary recorded as a function of the cockpit Washington, DC 20591; telephone: (202)
description of restricted area R–2935 voice recorder operational regulations. 267–8018, email: Karen.Petronis@
Cape Canaveral, FL, as published in the This policy update eliminates unneeded faa.gov.
Federal Register on December 15, 2014 limitations in current policy, and
(79 FR 74016) (FR Doc. 2014–29268) is SUPPLEMENTARY INFORMATION:
restates the FAA’s intent that the
corrected under the description as requirement function as a performance- Background
follows: based regulation. In 2008, the FAA promulgated several
DATES: Effective March 2, 2015. amendments to the flight recorder
PART 73—SPECIAL USE AIRSPACE
Comments must be received by June 1, regulations of Title 14 of the Code of
2015. Federal Regulations (73 FR 12542,
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■ 1. The authority citation for part 73
continues to read as follows: ADDRESSES: Send comments identified March 7, 2008; Docket No. FAA–2005–
Authority: 49 U.S.C. 106(g), 40103, 40113,
by docket number FAA–2015–0289 20245). Those regulations amended the
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– using any of the following methods: requirements for cockpit voice recorders
1963 Comp., p. 389. • Federal eRulemaking Portal: Go to (CVR) and digital flight data recorders
http://www.regulations.gov and follow (DFDR) and affected certain air carriers,
§ 73.29 [Corrected] the online instructions for sending your operators, and aircraft manufacturers. In
* * * * * comments electronically. amending the regulations, the FAA
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FAA Analysis of aircraft manufactured after 2010 that Applicability
The FAA has reviewed the PARC have DLC recording capability. In applying this regulation, aircraft
report and discussed the issue with Comments Requested are divided into two groups: Those
various aviation organizations. Based on manufactured on or after the effective
the data and recommendations received, While this policy update is effective date of the rule, and those manufactured
the FAA concluded that a significant on publication, the FAA seeks comment before that date.
need for clarification and revision of from interested persons regarding the Those airplanes or rotorcraft
current policy exits. The agency and the application of the policy to affected manufactured on or after the effective
industry have made significant operators. We are particularly interested date, must record all datalink
investment in data communications. in comments identifying the make/ communications when both of the
These systems are expected to reduce model/series of aircraft that had a following conditions are met:
communication errors and improve certified DLC design approval prior to • The aircraft is required to have both
safety in the NAS as they enhance NAS the effective date of the rule, and any a cockpit voice recorder and a flight
efficiency and capacity. information regarding the economic data recorder; and
The FAA better understands the cost impacts of the prior and revised polices, • The aircraft has datalink equipment
of installing DLR systems on aircraft and descriptions of circumstances for installed that uses an approved message
that were designed and manufactured which application of the regulation set (see FAA Advisory Circular 20–160).
before the regulation was promulgated remains unclear following this policy Those airplanes or rotorcraft
and no provisions for DLC recording update. manufactured before the effective date
were available. Most aircraft produced of the rule must record all datalink
after the effective date of the rule have Updated Policy communications when both of the
the base mechanisms for DLC already following conditions are met:
Datalink recording requirements are
installed at manufacture, which • The aircraft is required to have both
significantly decreases the cost and found in the operating regulations of
a cockpit voice recorder and a flight
impact of incorporating a recording Title 14 of the Code of Federal data recorder; and
component. Accordingly, the policy Regulations (14 CFR), specifically in • The MAKE/MODEL/SERIES of the
changes announced in this document § 91.609, effective April 6, 2012; and in aircraft did not have any certified DLC
are applicable to aircraft that were §§ 121.359, 125.227 and 135.151, equipment installation design approval
manufactured before December 6, 2010 effective December 6, 2010. These (providing one or more of the messages
(or April 6, 2012, if complying with part regulations each require that the subject identified in AC 20–160) prior to the
91). airplanes or rotorcraft that install effective date of the rule.
The FAA agrees that the complexity datalink communication equipment on The FAA InFO 10016 dated August
of the current guidance has resulted in or after [the effective date of the rule], 16, 2010 is cancelled. A revised InFO
inconsistent application of the rule. The must record all datalink messages as reflecting the policy changes noted here
recording regulation was not intended required by the certification rule is under development and will be
to discourage the installation of datalink applicable to the aircraft. posted on the FAA Web site when
capability, and its applicability should This policy statement clarifies how completed.
not depend on the subjective the FAA defines the phrase ‘‘install Issued in Washington, DC, on February 23,
interpretation of factors as minor as the datalink communication equipment’’ for 2015.
day a previously installed system was purposes of the recordation John S. Duncan,
turned on or the scope of changes to a requirement. Clarification of this policy Director, Flight Standards Service.
previously approved DLC system. In and FAA guidance material is intended
order to maximize the safety and [FR Doc. 2015–04158 Filed 2–25–15; 11:15 am]
to assist FAA personnel and aircraft BILLING CODE 4910–13–P
efficiency benefits of DLC use in the operators in determining when datalink
NAS, the FAA is simplifying its recording is required.
guidance regarding the applicability of
the recording requirement for aircraft Definition of Datalink Communication DEPARTMENT OF COMMERCE
that were manufactured before the Equipment
effective date of the rule. National Oceanic and Atmospheric
The target aircraft for this policy The term ‘‘datalink communication Administration
change represent approximately 30% of equipment’’ as used in these
the current U.S. fleet operating under regulations, means all of the 15 CFR Part 922
parts 121 and 135, as reported by the components installed on the aircraft that [Docket No. 140903747–4747–01]
PARC. These 2,116 aircraft were are necessary to complete data
manufactured prior to 2010 and had a communications. The equipment may RIN 0648–BE48
certified DLC system that was available vary for individual aircraft, but could
include the Flight Management Olympic Coast National Marine
before the recordation rule became
Computer; Communications Sanctuary Regulations; Correction
effective. This number will gradually
decrease as these older aircraft are Management Unit (CMU), or equipment AGENCY: Office of National Marine
retired and replaced. Since DLC with an equivalent function that hosts Sanctuaries (ONMS), National Ocean
recordation was not required when an approved message set (e.g., CPDLC
wreier-aviles on DSK5TPTVN1PROD with RULES
Service (NOS), National Oceanic and
these aircraft were manufactured, none application), the datalink router (e.g., Atmospheric Administration (NOAA),
of the messages associated with those hosted in the CMU) that routes the Department of Commerce (DOC).
certified systems were identified, messages to the radios, any radios (e.g., ACTION: Correcting amendment.
making application of the regulation VHF, HF Datalink, Satcom) that are used
difficult and inconsistent. The FAA to transmit the messages using an SUMMARY: The National Oceanic and
forecasts that by 2020, 34% of the U.S. approved message set, and any antennas Atmospheric Administration (NOAA) is
fleet (approximately 2,200) will consist associated with these radios. reinstating missing paragraphs of the
VerDate Sep<11>2014 14:17 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1](https://thefederalregister.org/doc/80_FR_11148/page/4.svg)
Document Created: 2015-12-18 12:07:27
Document Modified: 2015-12-18 12:07:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Policy update and clarification; request for comments. | |
| Dates | Effective March 2, 2015. Comments must be received by June 1, 2015. | |
| Contact | For technical questions concerning this action contact Tim Shaver, Flight Standards Service, Aircraft Maintenance Division--Avionics Maintenance Branch, AFS-360, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-1675, Fax: (202) 267-1813, email: [email protected] | |
| FR Citation | 80 FR 11108 | |
| CFR Citation | 14
CFR
121 14 CFR 125 14 CFR 135 14 CFR 91 |
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