Safety Recommendation A-15-004

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.

We believe your continued work with ICAO to define GADSS, TRFD, and LADR; develop standards and guidance for operators wishing to install autonomous distress tracking and TRFD; and update the standards in EUROCAE Document ED-112B are all positive. We point out, however, that to fully satisfy this recommendation, you will need to also complete the actions described in both Safety Recommendations A-15-1 and -3.

In the meantime, because your ongoing work with the international community is responsive, Safety Recommendation A-15-4 remains classified OPEN-- ACCEPTABLE RESPONSE, pending completion of your work with ICAO and harmonizing the requirements specified in Safety Recommendations A-15-1 and -3.

-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;

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.

We note that RTCA document DO-260C, “MOPS for 1090 MHz Extended Squitter ADS-B and TIS-B,” now includes improved ADS-B MOPS to better accommodate autonomous distress tracking (ADT). We also note that, as part of your ongoing work with the international community to define GADSS and TRFD, you are developing standards and recommended practices for ADT, postflight localization, and the Location of an Aircraft in Distress Repository; an ICAO document with guidance for operators wishing to install ADT and TRFD; and an AC with guidance for operators on meeting ICAO GADSS-related standards when operating internationally.

In addition, you are working to improve industry knowledge and understanding of ADT and TRFD, and working with EUROCAE WG-118 to update Standards Document ED-112B.

We point out that, to fully satisfy this recommendation, you will need to also complete the actions described in Safety Recommendations A-15-1 and -3. In the meantime, we believe your ongoing work with the international community is responsive. Pending completion of your work with ICAO and harmonizing the requirements specified in Safety Recommendations A-15-1 and -3, Safety Recommendation A-15-4 remains classified OPEN-- ACCEPTABLE RESPONSE.

We note that you continue to harmonize your aviation standards with international partners, and ICAO is still working on distress tracking and retrieval of flight data from aircraft that have crashed on the high seas. We also note that ICAO is currently finalizing the ground segment of the Distress Tracking System of the Location of Aircraft in Distress Repository. In addition, you are reviewing various standards and methodologies related to investigative technologies to ensure that US regulations are harmonized with ICAO SARPs. Pending completion of the recommended action, Safety Recommendation A-15-4 remains classified OPEN--ACCEPTABLE RESPONSE.

-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.

The FAA continues work to harmonize our aviation standards with our international partners. The work at ICAO concerning distress tracking and retrieval of flight data from aircraft that have crashed on the high seas continues. ICAO is currently working to finalize the ground segment of the Distress Tracking System of the LADR. We anticipate that this work will be completed by November 2020.

The FAA 2020 rulemaking project team will review various standards and methodologies related to investigative technologies. If approved, this work will ensure that U.S. regulations are harmonized with ICAO Standards and Recommended Practices.

We note that you continue to work to harmonize your aviation standards with those of other countries, and that ICAO anticipates completing its work on distress tracking and flight data retrieval from aircraft that have crashed on the high seas by the end of 2019. Pending completion of the recommended action, Safety Recommendation A-15-4 remains classified OPEN--ACCEPTABLE RESPONSE.

-From Daniel K. Elwell, Acting Administrator: The FAA continues work to harmonize our aviation standards with our international partners. The work at ICAO concerning Distress Tracking and retrieval of flight data from aircraft that have crashed on the high seas continues. We anticipate that this work will be completed by the end of calendar year 2019. Once this work is completed, we will assess the feasibility of mandating requirements harmonious with the requirements of other international regulatory authorities.

We note that you are committed to harmonizing with ICAO and other regulatory aviation authorities. We also note that you are active in many industry standards development bodies—including the ICAO FLIRECSWG, which develops SARPs on flight recorders and flight recorder location technology—and you actively participate in the work of the European Flight Recorder Partnership Group and the RTCA SC-229/WG-98 406 MHz Emergency Locator Transmitter Group. Pending completion of the ICAO work, Safety Recommendation A-15-4 remains classified OPEN—ACCEPTABLE RESPONSE.

-From Michael P. Huerta, Administrator: The FAA recognizes the importance of international harmonization to achieve one set global standard. As stated in our responses to Recommendations A-15-01 and A-15-02 the FAA commits to harmonizing with ICAO and other regulatory aviation entities during rulemaking activities.

As previously stated, we are also active in many industry standards development bodies, including the ICAO FLIREC Working Group. This group develops SARPs on flight recorders and flight recorder location technology. The FAA advocates its position on the issues discussed at these meetings. When the working group is complete. ICAO State Letters are sent for ICAO member states to comment on the proposed SARPs. The FAA provides input (as do the Board and other concerned parties) for the coordinated U.S. response to ICAO State Letters. Again urging harmonization with the United States.

Additionally, as previously stated, we are active with the European Flight Recorder Partnership Group and the RTCA SC-229/WG-98 406MHz Emergency Locator Transmitter group.

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

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.

-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.