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Wednesday, November 15, 2006 Part III Department of Transportation Federal Aviation Administration 14 CFR Parts 121, 125, and 135 Filtered Flight Data; Proposed Rule VerDate Aug<31>2005 17:07 Nov 14, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15NOP3.SGM 15NOP3 rwilkins on PROD1PC63 with PROPOSALS3 66634 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Proposed Rules DEPARTMENT OF TRANSPORTATION SW., Washington, DC, between 9 a.m. without incurring expense or delay. We and 5 p.m., Monday through Friday, may change this proposal in light of the Federal Aviation Administration except Federal holidays. comments we receive. FOR FURTHER INFORMATION CONTACT: For If you want the FAA to acknowledge 14 CFR Parts 121, 125, and 135 technical questions: Timothy W. Shaver, receipt of your comments on this [Docket No. FAA–2006–26135; Notice No. Avionics Systems Branch, Aircraft proposal, include with your comments 06–16] Certification Service, AIR–130, Federal a pre-addressed, stamped postcard on Aviation Administration, 800 which the docket number appears. We RIN 2120–AI79 Independence Avenue, SW., will stamp the date on the postcard and mail it to you. Filtered Flight Data Washington, DC 20591; telephone (202) 385–4686; facsimile (202) 385–4651; e- Proprietary or Confidential Business AGENCY: Federal Aviation mail [email protected]. For legal Information Administration (FAA), DOT. questions: Karen L. Petronis, Do not file in the docket information ACTION: Notice of proposed rulemaking Regulations Division, Office of Chief that you consider to be proprietary or (NPRM). Council, AGC–200, Federal Aviation Administration, 800 Independence confidential business information. Send SUMMARY: The FAA proposes to amend Avenue, SW., Washington, DC 20591; or deliver this information directly to the digital flight data recorder (DFDR) telephone (202) 267–3073; facsimile the person identified in the FOR FURTHER regulations by prohibiting the filtering (202) 267–7971; e-mail INFORMATION CONTACT section of this of some original parameter sensor [email protected]. document. You must mark the signals. This proposed rule is based on information that you consider SUPPLEMENTARY INFORMATION: recommendations issued by the proprietary or confidential. If you send National Transportation Safety Board, Comments Invited the information on a disk or CD ROM, mark the outside of the disk or CD ROM and is intended to improve the accuracy The FAA invites interested persons to and quality of the data recorded on and also identify electronically within participate in this rulemaking by the disk or CD ROM the specific DFDRs and used during accident and submitting written comments, data, or incident investigations. information that is proprietary or views. We also invite comments relating confidential. DATES: Send your comments on or to the economic, environmental, energy, before February 13, 2007. Under 14 CFR 11.35(b), when we are or federalism impacts that might result aware of proprietary information filed ADDRESSES: You may send comments from adopting the proposals in this with a comment, we do not place it in [identified by Docket Number FAA– document. The most helpful comments the docket. We hold it in a separate file 2006–26135] using any of the following reference a specific portion of the to which the public does not have methods: proposal, explain the reason for any • access, and place a note in the docket DOT Docket Web site: Go to http:// recommended change, and include that we have received it. If we receive dms.dot.gov and follow the instructions supporting data. We ask that you send a request to examine or copy this for sending your comments us two copies of written comments. information, we treat it as any other electronically. We will file in the docket all • request under the Freedom of Government-wide rulemaking Web comments we receive, as well as a Information Act (5 U.S.C. 552). We site: Go to http://www.regulations.gov report summarizing each substantive process such requests under the DOT and follow the instructions for sending public contact with FAA personnel procedures found in 49 CFR part 7. your comments electronically. concerning this proposed rulemaking. • Mail: Docket Management Facility; The docket is available for public Availability of Rulemaking Documents U.S. Department of Transportation, 400 inspection before and after the comment You can get an electronic copy using Seventh Street, SW., Nassif Building, closing date. If you wish to review the the Internet by: Room PL–401, Washington, DC 20590– docket in person, go to the address in (1) Searching the Department of 001. the ADDRESSES section of this preamble Transportation’s electronic Docket • Fax: 1–202–493–2251. between 9 a.m. and 5 p.m., Monday Management System (DMS) Web page • Hand Delivery: Room PL–401 on through Friday, except Federal holidays. (http://dms.dot.gov/search); the plaza level of the Nassif Building, You may also review the docket using (2) Visiting the Office of Rulemaking’s 400 Seventh Street, SW., Washington, the Internet at the Web address in the Web page at http://www.faa.gov/ DC, between 9 a.m. and 5 p.m., Monday ADDRESSES section. regulations_policies/; or through Friday, except Federal holidays. Privacy Act: Using the search function (3) Accessing the Government For more information on the of our docket Web site, anyone can find Printing Office’s Web page at http:// rulemaking process, see the and read the comments received into www.gpoaccess.gov/fr/index.html. SUPPLEMENTARY INFORMATION section of any of our dockets, including the name You can also get a copy by sending a this document. of the individual sending the comment request to the Federal Aviation Privacy: We will post all comments (or signing the comment on behalf of an Administration, Office of Rulemaking, we receive, without change, to http:// association, business, labor union, etc.). ARM–1, 800 Independence Avenue dms.dot.gov, including any personal You may review DOT’s complete SW., Washington, DC 20591, or by information you provide. For more Privacy Act Statement in the Federal calling (202) 267–9680. Make sure to information, see the Privacy Act Register published on April 11, 2000 identify the docket number, notice discussion in the SUPPLEMENTARY (65 FR 19477–78) or you may visit number, or amendment number of this INFORMATION section of this document. http://dms.dot.gov. rulemaking. Docket: To read background Before acting on this proposal, we documents or comments received, go to will consider all comments we receive Authority for This Rulemaking http://dms.dot.gov at any time or to on or before the closing date for The FAA’s authority to issue rules Room PL–401 on the plaza level of the comments. We will consider comments regarding aviation safety is found in Nassif Building, 400 Seventh Street, filed late if it is possible to do so Title 49 of the United States Code. VerDate Aug<31>2005 17:07 Nov 14, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15NOP3.SGM 15NOP3 rwilkins on PROD1PC63 with PROPOSALS3 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Proposed Rules 66635 Subtitle I, section 106 describes the ‘‘capable of recording values that meet (2) Review other airplane designs to authority of the FAA Administrator. the accuracy requirements through the ensure that flight control position data Subtitle VII, Aviation Programs, full dynamic range of each parameter at to the DFDR are accurately recorded and describes in more detail the scope of the a frequency sufficient to determine a that flight control position data filtered agency’s authority. complete, accurate, and unambiguous by systems such as EICAS are not This rulemaking is promulgated time history of parameter activity, with substituted for accurate data (NTSB under the authority described in subtitle emphasis on capturing each parameter’s Recommendation A–94–121). VII, part A, subpart III, section 44701. dynamic motion at the maximum rate FAA Action: Recommendation A–94– Under that section, the FAA is charged possible, including reversals of 120 with prescribing regulations providing direction at the maximum rate minimum standards for other practices, possible.’’ The FAA addressed NTSB methods and procedures necessary for The FAA agrees with these NTSB Recommendation A–94–120 in two safety in air commerce. This regulation recommendations and is proposing to ways. First, in 1997, the FAA revised is within the scope of that authority prohibit signal filtering for specified the DFDR regulations to require that since flight data recorders are the only recorded parameters. certain aircraft be equipped to means available to account for aircraft accommodate additional DFDR movement and flight crew actions History parameters (Revisions to Digital Flight critical to finding the probable cause of First Encounter With Filtered Data Data Recorder Rules; Final Rule (62 FR incidents or accidents, including data 38362, July 17, 1997)). The revised that could prevent future incidents or The NTSB’s first encounter with DFDR regulations prescribe that up to accidents. filtered data that impeded an 88 data parameters be recorded on investigation occurred during its DFDRs, with the exact number of Background investigation of three similar Boeing 767 parameters determined by the date of Statement of the Problem accidents. Two of these accidents airplane manufacture. The number of occurred in 1992 and one in 1993 when, parameters that must be recorded range During several aircraft accident during landing, the nose gear contacted from 18 for a transport category airplane investigations, the National the runway with excessive force after manufactured on or before October 11, Transportation Safety Board (NTSB or normal touchdown on the main landing 1991, to 88 for airplanes manufactured Board) found that some flight data gear. In each case, the airplane fuselage after August 19, 2002.