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  3. NTSB A-15-003
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NTSB · Safety Recommendation

Safety Recommendation A-15-003

Recommendation

TO THE FEDERAL AVIATION ADMINISTRATION: Require that all newly manufactured aircraft used in extended overwater operations and operating under Title 14 Code of Federal Regulations (1) Part 121 or (2) Part 135 that are required to have a cockpit voice recorder and a flight data recorder, be equipped with a means to recover, at a minimum, mandatory flight data parameters; the means of recovery should not require underwater retrieval. Data should be captured from a triggering event until the end of the flight and for as long a time period before the triggering event as possible.

Safety Issue and Context

The NTSB has long been concerned about rapid recovery of recorded information to guide investigations, help determine accident causes, and develop recommendations to prevent recurrences. To focus attention on this issue, the NTSB convened its Emerging Flight Data and Locator Technology Forum on October 7, 2014, in Washington, D.C. Forum discussions among government, industry, and investigative experts helped identify the following safety issues: • Need for improved technologies to locate aircraft wreckage and flight recorders following an accident in a remote location or over water

• Need for timely recovery of critical flight data following an accident in a remote location or over water This letter presents recommendations to address these safety issues and discusses open recommendations regarding cockpit image recorders and the need to protect flight recorder systems against intentional or inadvertent deactivation.

Response History

November 20, 2024 · NTSB Correspondence · FAA

On November 20, 2024, FAA staff informed us that the agency is continuing the work described in its May 23, 2023, letters regarding Safety Recommendations A-13-12 and -13 and A-18-30, and its May 30, 2023, letter regarding Safety Recommendations A-15-1 through -4, -7, and -8.  We look forward to receiving your next update.

November 8, 2023 · NTSB Correspondence · FAA

We note that you continue to work with ICAO to better define timely recovery of flight data (TRFD) and update the minimum operational performance standards (MOPS) in European Organisation for Civil Aviation Equipment (EUROCAE) Document ED-112B, “MOPS for Crash Protected Airborne Recorder Systems.” We also note that, once this work has been completed, you still intend to publish an advisory circular (AC) with guidance for operators wishing to install TRFD systems.

Although we believe your continued work with ICAO related to the TRFD is positive, we remain concerned because you previously told us that you do not intend to pursue rulemaking, as recommended. We point out that a requirement for a third recording mechanism is not needed to satisfy the intent of this recommendation; however, a requirement is needed to ensure that applicable aircraft are equipped with a means to recover mandatory flight data parameters in a timelier manner that does not involve underwater recovery of the recording device. Pending our review of a plan for implementing such a requirement, Safety Recommendation A-15-3 remains classified OPEN-- UNACCEPTABLE RESPONSE.

May 30, 2023 · Recipient Response · FAA

-From Billy Nolen, Acting Administrator: As mentioned in our previous letters, the Federal Aviation Administration (FAA) continues to work with the International Civil Aviation Organization (ICAO) and our international partners to:

Better define the Global Aviation Distress and Safety System (GADSS) and Location of an Aircraft in Distress Repository;

Read Recommendation

Recommendation Facts

Status
Open - Unacceptable Response
Issued
January 22, 2015
Priority
CLASS II
Recipient
FAA
Adopted
January 20, 2015
Related Investigation
DCA14SS009
Related Report
None

Research Space-Based Automatic (SBA) Dependent Surveillance – Broadcast (ADS-B);

Research SBA ADS-B for Low Frequency-Underwater Location Device;

Define Timely Recovery of Flight Data (TRFD);

Update Minimum Operational Performance Standards (MOPS) in European Organisation for Civil Aviation Equipment Document ED-112B, MOPS for Crash Protected Airborne Recorder Systems;

Develop an advisory circular (AC) on TRFD once ED-112B is updated;

Modify RTCA DO-260C, MOPS for 1090 MHz Extended Squitter ADS-B and Traffic Information Services-Broadcast, to better accommodate Autonomous Distress Tracking (ADT);

Participate in writing an ICAO document to provide guidance for operators wishing to install ADT as well as TRFD;

Develop an ICAO GADSS AC; and

Improve industry knowledge and understanding of ADT and TRFD.

The results of this work will inform the FAA on how this technology can be leveraged to improve safety by working to better harmonize our regulations with ICAO standards and recommended practices.

The FAA also initiated a rulemaking (2120-AL92) that would propose newly-manufactured aircraft to be equipped with cockpit voice recorders (CVRs) capable of recording for 25 hours, along with operational rules that would require the use of those CVRs when installed. Furthermore, the FAA is launching an Aviation Rulemaking Committee (ARC) that will provide a forum for the U.S. aviation community to discuss, prioritize, and provide recommendations to the FAA concerning requirements for the installation of existing, new, and upgraded investigative technologies that affect applicable airworthiness standards and operating rules.

The ARC will also specifically consider the Board’s safety recommendations as part of its discussions.

I will keep the Board informed of the FAA’s progress on Safety Recommendations A-15-1 through 4, -7, and -8, and provide an update by May 31, 2024.

July 20, 2022 · NTSB Correspondence · FAA

We note that you are working with your international partners to better define timely recovery of flight data (TRFD), and how this data can be securely collected, stored, and provided to accident investigation authorities. You reported that, once the minimum operational performance specification (MOPS) for these systems have been defined in European Organisation for Civil Aviation Equipment (EUROCAE) Document ED-112B, “Minimum Operational Performance Specification for Crash Protected Airborne Recorder Systems,” you plan to publish an advisory circular (AC) with guidance for operators wishing to install TRFD systems.

We note, however, that based on your review of accident data, you do not believe a requirement for operators to install a third recording mechanism is justified.

Although we believe your work related to the TRFD is positive, we are concerned that you do not plan to pursue rulemaking, as recommended. We emphasize that this recommendation asks you to require that applicable aircraft be equipped with a means to recover mandatory flight data parameters in a more timely manner without requiring underwater recovery of the recording device. We do not believe a requirement for a third recording mechanism is needed to satisfy the intent of this recommendation. We encourage you to consider the following events, which have occurred since 2015, where the flight recorders were not located or recovered in a timely manner.

• May 19, 2016: A-320 EgyptAir Flight 804, Mediterranean Sea; duration of CVR recovery: 28 days; duration of FDR recovery: 29 days

• October 29, 2018: Lion Air Flight 610, B-737 MAX 8; Java Sea; duration of CVR recovery: 77 days; duration of FDR recovery: 3 days

• January 9, 2021: Sriwijaya Air Flight 182, B-737-500; Java Sea; duration of CVR recovery: 80 days; duration of FDR recovery: 3 days; ongoing investigation

• July 2,2021: Transair Flight 810, B-737-200; Mamala Bay, Oahu; duration of CVR recovery: 120 days; duration of FDR recovery: 120 days; ongoing investigation

Pending your consideration of this data and the recommended requirement, Safety Recommendation A-15-3 is classified OPEN-- UNACCEPTABLE RESPONSE.

November 18, 2021 · Recipient Response · FAA

-From Steve Dickson, Administrator: The FAA is working with our international partners to better define Timely Recovery of Flight Data (TRFD), and how this data can be securely collected, stored, and provided to accident investigation authorities. Information gathered as a member of the Aeronautical Radio INC Airlines Electronic Engineering Committee Global Aircraft Tracking (ARINC AEEC GAT) working group will form the basis for a Minimum Operational Performance Specification (MOPS), in European Organisation for Civil Aviation Equipment (EUROCAE) Document ED-112B, Minimum Operational Performance Specification for Crash Protected Airborne Recorder Systems.

The results of this research will inform the FAA how this technology can be leveraged to improve safety.

Additionally, the FAA reviewed every accident in the NTSB Aviation Accident Database from January 1, 2008, to December 31, 2019. This review found that in every case, the recorder was recovered. Based on this assessment, the FAA cannot provide an economic justification requiring operators to install a third recording mechanism, and will not initiate rulemaking to do so. The FAA will continue to work to improve the value of technologies surrounding TRFD, and we are working with our international partners to refine the requirements of TRFD systems (both deployable recorders as well as those that transmit safety data off aircraft via a satellite link).

Furthermore, the FAA will publish an advisory circular (AC) to aid operators wishing to install TRFD systems once the MOPS for these systems have been defined in EUROCAE Document ED-112B.

October 26, 2020 · NTSB Correspondence · FAA

We note that you are determining the feasibility of a requirement for all newly built Part 121 and Part 135 aircraft to be equipped with a means to recover mandatory flight data parameters without needing to retrieve the recording device from underwater. Pending your issuing a requirement based on the ICAO Annex 6 SARPs, Safety Recommendation A-15-3 remains classified OPEN--ACCEPTABLE RESPONSE.

June 12, 2020 · Recipient Response · FAA

-From Steve Dickson, Administrator: This is in further response to Safety Recommendations A-15-1 through 4, -7, and -8 issued by the Board on January 22, 2015, and supplements our previous letters. The Board issued these safety recommendations following the Emerging Flight Data and Locator Technology Forum on October 7, 2014. Forum discussions among government, industry, and investigative experts identified the following safety issues: • The need for improved technologies to locate aircraft wreckage and flight recorders following an accident in a remote location or over water; and

• The need for timely recovery of critical flight data following an accident in a remote location or over water.

These recommendations address safety issues and discuss open recommendations regarding cockpit image recorders and the need to protect flight recorder systems against intentional or inadvertent deactivation.

Overall Comment. The FAA is currently evaluating a rulemaking project for Fiscal Year (FY) 2020 that would address these safety recommendations. As part of this effort, the team will review various standards and methodologies. The FAA will provide further information on this rulemaking project if it is approved.

As part of the FY 2020 rulemaking project, the team will review various standards and methodologies to determine the feasibility of requiring all newly-built part 121 or part 135 aircraft be equipped with a means to recover mandatory flight data parameters without the need for underwater retrieval of the recording device.

December 13, 2018 · NTSB Correspondence · FAA

We note that ICAO has completed its update to the Annex 6 SARPs; however, the amended SARPs reference a manual that ICAO had not yet written at the time that the Annex 6 change was published. We further note that the referenced manual (Document 10054), which will provide guidance on recovering flight data without the need for underwater retrieval, is not yet finished. Finally, we note that, after the reference manual has been published, you will consider mandating requirements based on the ICAO SARPs and guidance. Pending your issuing a requirement based on the ICAO SARPs and guidance, Safety Recommendation A-15-3 remains classified OPEN--ACCEPTABLE RESPONSE.

September 21, 2018 · Recipient Response · FAA

-From Daniel K. Elwell, Acting Administrator: Efforts at ICAO to update Annex 6 Standards and Recommended Practices (SARPs) are complete. However, the amended SARPs reference a manual that ICAO had not yet written at the time of the Annex 6 change publication. Work is still ongoing to publish the referenced manual (Document I 0054), which will provide guidance on the recovery of flight data without the need for underwater retrieval. We anticipate completing this work by December 2019. Once complete, the FAA will assess the feasibility of mandating requirements based on ICAO SARPs and guidance.

January 6, 2017 · NTSB Correspondence · FAA

We note that, because of a number of concerns summarized in your letter, you are not yet in a position to pursue the recommended rulemaking. We further note that this recommendation is being addressed by work that you are doing with ICAO, and that, in the interest of harmonizing with ICAO standards, you plan to develop associated policy after the related ICAO guidance has been developed. Pending completion of the guidance by ICAO, your adopting similar guidance that addresses this recommendation, and a requirement based on the guidance after it is issued, Safety Recommendation A 15 3 remains classified OPEN—ACCEPTABLE RESPONSE.

September 13, 2016 · Recipient Response · FAA

-From Michael P. Huerta, Administrator: At this time, the FAA is not in a position to pursue rulemaking on this issue. Informal industry feedback indicates there are too many open issues regarding safety (e.g. unintended deployment of a flight recorder), data security (e.g., streamed data can be intercepted), integrity (e.g., streamed data may not meet mandatory requirements due to connectivity issues resulting in data dropouts, etc.), chain of custody (e.g. deployable flight recorder data downloaded and read by unauthorized entities). and ownership (e.g., who owns the data and how to obtain the data).

This issue also ties very closely with work that we are doing with ICAO, and we do not believe it to be effective to produce rulemaking that may not be in conformance with ICAO standards. ICAO has published SARPs in Annex 6 that state aircraft·· ... shall be equipped with a means approved by the State of the Operator, to recover flight recorder data and make it available in a timely manner." A Note to those SARPs says ... Guidance on approving the means to make flight recorder data available in a timely manner is contained in the Manual on Location of Aircraft in Distress and Flight Recorder Data Recovery (Doc I 0054).

In the interest of assuring harmonization with ICAO standards. the FAA will not develop policy until the ICAO guidance has been developed.

I will keep the Board informed of the FAA's progress on this recommendation and provide an update by May 31, 2017.

November 19, 2015 · NTSB Correspondence · FAA

We are aware that some misunderstandings have arisen over Safety Recommendation A 15 3; specifically, the belief that this recommendation calls for three recorders. We wish to clarify that there are several possible solutions that would satisfy the NTSB’s recommended action that the FAA require mandatory flight data parameters to be recoverable other than by underwater retrieval. Among these options is a requirement for a single combination recorder and a single deployable recorder. Another option that would satisfy Safety Recommendation A-15-3 is a triggered flight data transmission combined with the existing requirements for recorders.

The International Civil Aviation Organization (ICAO) Air Navigation Commission recently proposed revisions to the carriage requirements of flight recorders that are currently being reviewed by States that are signatories to ICAO. Although these actions are not yet complete and you are participating in ICAO’s activities, we believe that the FAA should be more proactive, particularly in the United States, to encourage these efforts, such as by forming a US industry group to consider technologies that would address our recommendations, and by encouraging voluntary implementation of an alternative method of data recovery for those aircraft capable of such technology.

Pending your completion of the recommended actions, Safety Recommendations A 15 1, -3, and -4 are classified OPEN—ACCEPTABLE RESPONSE.

April 22, 2015 · Recipient Response · FAA

-From Michael P. Huerta, Administrator: These recommendations have created a lot of discussions and activities within the avionics community and multiple policy offices within the Federal Aviation Administration (FAA). The International Civil Aviation Organization has tasked the Flight Recorder Working Group with the issue of tracking aircraft in remote locations and over water. The FAA is a member of this working group. Once the working group has reviewed the concerns raised at the Emerging Flight Data and Locator Technology Forum, it will determine the best feasible course of action. We will provide an updated response by June 2016.