Federal Register proposed rules — 1996-07-16

issue-1996-07-16Federal Register proposed rules — 1996-07-16Proposed Regulation

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Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.

FR Doc. 96-18039 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Extension of Comment Period
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Page 37030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18039]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA52-2-7155; FRL-5538-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule; extension of the comment period.

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SUMMARY: EPA is reopening the comment period for a proposed rule 
published on April 9, 1996 (61 FR 15744). In the April 9, 1996 proposed 
rule, EPA proposed to approve reasonably available control technology 
(RACT) requirements for 21 Pennsylvania sources of volatile organic 
compounds (VOC's) or nitrogen oxides (NOX). At the request of the 
Pennsylvania Power Company, EPA is reopening the comment period through 
August 2, 1996 only as it pertains to the RACT determinations for the 
Pennsylvania Power-New Castle plant and International Paper-Hammermill 
Division. (The comment period had been previously extended through June 
28, 1996 (61 FR 29508).) All comments received on or before August 2, 
1996, including those received between the close of the comment period 
on June 28, 1996 and the publication of this document, will be entered 
into the public record and considered by EPA before taking final action 
on the proposed rule.

DATES: Comments are now due on or before August 2, 1996.

ADDRESSES: Comments may be mailed to Kathleen Henry, Acting Chief, 
Ozone and Mobile sources Section, Mailcode 3AT21, U.S. Environmental 
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, 
Pennsylvania 19107. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107; and the Pennsylvania Department of Environmental Protection, 
Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl at the EPA Region III 
address listed above, (215) 566-2180, or via e-mail at 
[email protected] pertaining to the reopening for the 
comment period for the Pennsylvania Power-New Castle and International 
Paper-Hammermill RACT determinations.

    Dated: July 3, 1996.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. 96-18039 Filed 7-15-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-18006 Radiography Equipment Workshop
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Page 37019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18006]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 34

Radiography Equipment Workshop

AGENCY: Nuclear Regulatory Commission.

ACTION: Public workshop.

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SUMMARY: The Nuclear Regulatory Commission (NRC) staff plans to convene 
a public workshop with representatives of Agreement States, NRC 
radiography licensees, radiography equipment manufacturers and other 
interested persons to discuss and solicit comments and concerns 
relating to NRC regulations for radiography, specifically Sec. 34.20. 
The purpose of the workshop is to establish whether there is a need for 
rulemaking related to design and control of radiography equipment.

DATES: The workshop will be held on August 29, 1996. The meeting time 
is: 8:30 am-5:00 pm or earlier if the business of the workshop is 
concluded at an earlier time.

ADDRESSES: Holiday Inn & Hotel Suites, 7787 Katy Freeway (I-10 West), 
Houston, Texas 77024. Telephone 1-800-822-8373 or (713) 681-5000.

FOR FURTHER INFORMATION CONTACT: Cheryl A. Trottier, Office of Nuclear 
Regulatory Research, Mail Stop T-9C24, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001, Telephone: (301) 415-6232.

SUPPLEMENTARY INFORMATION: During the currently ongoing revision of NRC 
regulations on radiography, 10 CFR Part 34, numerous comments were 
received from NRC and Agreement State licensees and manufacturers of 
radiography devices that expressed concerns in regard to Sec. 34.20 of 
the regulations entitled ``Performance requirements for radiography 
equipment.'' Many of these comments related to the proposed 
requirements on accessories, referred to in the regulation as 
``associated equipment,'' to the labelling of the various components, 
and to the modification of radiography devices and components. In 
addition, the NRC has received and is requesting public comment on a 
petition for rulemaking filed by Amersham Corporation (61 FR 30837) 
Docket No. PRM-34-5, that requests that the NRC amend its regulations 
to remove reference to ``associated equipment'' from Sec. 34.20. In 
light of this petition and comments received during the development of 
the Part 34 final rule, the NRC is re-evaluating the applicability of 
the standard ANSI N432-1980 to associated equipment.
    Conduct of the Meeting: The workshop will be chaired by Cheryl A. 
Trottier. The workshop will be conducted in a manner that will expedite 
the orderly conduct of business. A transcript of the workshop will be 
available for inspection and copying for a fee at the NRC Public 
Document Room, 2120 L Street NW (Lower Level), Washington, DC 20555-
0001 on or about September 30, 1996.
    The following procedures apply to public attendance at the 
workshop:
    1. Questions or statements from attendees other than participants 
will be entertained as time permits.
    2. Seating for the public will be on a first come, first-served 
basis.

    Dated at Rockville, Maryland on this 10th day of July, 1996.

    For the Nuclear Regulatory Commission.
Bill M. Morris,
Director, Division of Regulatory Applications, Office of Nuclear 
Regulatory Research.
[FR Doc. 96-18006 Filed 7-15-96; 8:45 am]
BILLING CODE 7590-01-P

Complete official Federal Register PDF

FR Doc. 96-18002 Proposed List of Fisheries for 1997
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37035-37041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18002]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 950605147-6189-04; I.D. 040996D]
RIN 0648-AH33

Proposed List of Fisheries for 1997

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: This action proposes changes for 1997 to the List of Fisheries 
(LOF) required by the Marine Mammal Protection Act (MMPA). The proposed 
LOF for 1997 reflects new information on commercial fisheries, marine 
mammals, and interactions between commercial fisheries and marine 
mammals. Under the MMPA, a commercial fishery is to be placed on the 
LOF in one of three categories based upon the level of serious injuries 
and mortalities that occur to marine mammals incidental to that 
fishery. The LOF informs the public of the level of interactions with 
marine mammals in various U.S. commercial fisheries and which fisheries 
are subject to certain provisions of the Marine Mammal Protection Act 
(MMPA) such as the requirement to register for Authorization 
Certificates. This action also proposes to revise the process for 
registering for such a certificate, under certain circumstances, to 
allow greater flexibility and to reduce associated paperwork and other 
burdens.

DATES: Comments on the proposed rule must be received by October 15, 
1996.

ADDRESSES: Send comments to Chief, Marine Mammal Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910.
    Comments regarding the burden-hour estimates or any other aspect of 
the collection of information requirements contained in this proposed 
rule should be sent to the above individual and to the Office of 
Information and Regulatory Affairs, OMB, Attention: NOAA Desk Officer, 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robyn Angliss, Office of Protected 
Resources, 301-713-2322; Douglas Beach, Northeast Region, 508-281-9254; 
Charles Oravetz, Southeast Region, 813-570-5301; James Lecky, Southwest 
Region, 310-980-4015; Brent Norberg, Northwest Region, 206-526-6140; 
Steven Zimmerman, Alaska Region, 907-586-7235.

SUPPLEMENTARY INFORMATION:

Background

History of the List of Fisheries

    The annual publication of a LOF placing all U.S. commercial 
fisheries into one of three categories based on the levels of 
incidental serious injury and mortality of marine mammals in the 
fishery is required by section 118 of the Marine Mammal Protection Act, 
as amended in 1994. Proposed and final regulations implementing section 
118 of the MMPA were published in 1995 (60 FR 31666, June 17, 1995, and 
60 FR 45086, August 30, 1995, respectively). These regulations replaced 
those published to implement old section 114, and establish the 
procedures NMFS now uses to manage incidental interactions between 
marine mammals and U.S. commercial fisheries.
    Definitions of the fishery classification criteria for Category I, 
II, and III fisheries are found in the implementing regulations for 
section 118 (50 CFR part 229). Because classification of fisheries in 
the LOF depends on the definitions of the criteria, the following 
explanation of the criteria is provided. Although this information is 
available in the preambles to final rule implementing section 118 and 
to the LOF for 1996, it is repeated here because of the importance of 
this information to understanding how fisheries are classified.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on the rate, 
in numbers of animals per year, of serious injuries and mortalities due 
to commercial fishing relative to the Potential Biological Removal 
(PBR) level for the each marine mammal stock.
    Tier 1. If the total annual mortality and serious injury across all 
fisheries that interact with a stock is less than or equal to 10 
percent of the PBR level of such a stock, then all fisheries 
interacting with this stock would be placed in Category III. Otherwise, 
these fisheries are subject to the next tier to determine their 
classification.

    Tier 2--Category I. Annual mortality and serious injury of a stock 
in a given

[[Page 37036]]

fishery is greater than or equal to 50 percent of the PBR level.
    Tier 2--Category II. Annual mortality and serious injury in a given 
fishery is greater than 1 percent and less than 50 percent of the PBR 
level.
    Tier 2--Category III. Annual mortality and serious injury in a 
given fishery is less than or equal to 1 percent of the PBR level.
    Tier 1, therefore, considers the cumulative fishery mortality and 
serious injury for a particular stock, while Tier 2 considers fishery-
specific mortality for a particular stock. Additional details regarding 
how threshold percentages between the categories were determined are 
provided in the preamble to the final rule implementing section 118.

Requirements for Vessels Participating in Category I and II 
Fisheries

    The primary functions of the LOF are to inform the public of the 
levels of interactions with marine mammals in various commercial 
fisheries and to identify fisheries for which efforts to reduce these 
interactions may be necessary. In addition, the LOF informs the fishing 
industry of which fisheries are subject to certain provisions of the 
MMPA.
    Registration. Fishers participating in Category I or II fisheries 
must be registered under the MMPA, as required by 50 CFR 229.4. Unless 
the Authorization Certificate program for a fishery is integrated and 
coordinated with existing fishery license, registration or permit 
systems and related programs, fishers must obtain a registration packet 
from NMFS and submit the completed registration form and the required 
registration fee to the NMFS Regional Office in which their fishery 
operates. Normally, NMFS will send the fisher an Authorization 
Certificate, program decal, and reporting forms within 60 days of 
receiving the registration form and registration fee.
    NMFS has successfully integrated registration under the MMPA with 
state fishery registration in Washington and Oregon and is actively 
pursuing integration with state fishery registration in Alaska. The 
benefits of integration with existing programs have included a 
reduction or elimination of fees for some commercial fishers, a 
reduction in paperwork that must be completed by the fisher, and a 
reduction in paperwork that must be completed by NMFS.
    NMFS is proposing to provide additional flexibility for integrated 
registration systems so that, if registration information is supplied 
by NMFS or by a State participating in the integrated system for a 
fishery, individual fishers are not required to fill out forms or 
submit information but automatically will be issued Authorization 
Certificates. NMFS will continue to integrate registration with 
existing programs where possible.
    Reporting. Vessel owners or operators, or fishers, in the case of 
non-vessel fisheries, in Category I, II, or III fisheries must comply 
with 50 CFR 229.6 and report all incidental mortality and injury of 
marine mammals during the course of commercial fishing operations to 
NMFS Headquarters or appropriate NMFS Regional Office. ``Injury'' is 
defined in 50 CFR 229.2 as a wound or other physical harm. In addition, 
any animal that ingests fishing gear, or any animal that is released 
with fishing gear entangling, trailing or perforating any part of the 
body is considered injured and must be reported. Instructions for 
submission of reports are found at 50 CFR 229.6(a).
    Observers. Finally, fishers participating in Category I and II 
fisheries may be required, upon request, to accommodate an observer on 
board their vessels. Observer requirements may be found at 50 CFR 
229.7.

Timing of the Publication of the 1996 LOF

    Because of other regulatory activities that occurred concurrently, 
such as the preparation and publication of the final implementing 
regulations for section 118 of the MMPA, the LOF for 1996 was published 
on December 28, 1995 (60 FR 67063) instead of the target date of 
October 1, 1995. Due to this delay, there was a very short time period 
between the publication of the 1996 LOF and the publication of this 
proposed LOF for 1997. NMFS focused its analysis for the proposed LOF 
for 1997 on those fisheries it committed to future review in the 1996 
LOF.
    NMFS hopes to have available revised estimates of incidental 
serious injury and mortality in U.S. commercial fisheries, and revised 
PBR levels for the proposed LOF for 1998.

Proposed Changes to the LOF

    The following specific changes are proposed for the LOF that would 
take effect in 1997. Fisheries are placed into Category I, II, or III 
based on the classification scheme defined in the final rule 
implementing section 118 (60 FR 45086-45106, August 30, 1995). With the 
exception of these specific proposed changes, NMFS proposes to retain 
the fishery classifications as published in the final LOF for 1996.

Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean

U.S. Atlantic Tuna Purse Seine Fishery
    The bluefin tuna purse seine fishery, which is largely prosecuted 
in the Gulf of Maine, was placed in Category III in the 1994 LOF, but 
was inadvertently omitted from the 1996 LOF. In 1995, five bluefin tuna 
purse seine permit holders reported landings in August and September. 
Because there is also a yellowfin tuna purse seine fishery, which is 
largely prosecuted in the U.S. mid-Atlantic and was not previously 
listed in the LOF, the two target species are combined in this proposed 
LOF under the name ``U.S. Atlantic tuna purse seine fishery''.
    NMFS has received reports of interactions between the bluefin tuna 
purse seine fishery and marine mammals. However, the marine mammals 
were released uninjured. Because incidental serious injuries and 
mortalities are not expected in this fishery, this fishery is proposed 
to be placed in Category III.
Gulf of Maine Mackerel Trawl Fishery
    A combined trawl fishery for squid, mackerel, and butterfish was 
created in the 1996 LOF. A separate listing for a component of that 
fishery, the Gulf of Maine mackerel trawl fishery, is duplicative and 
is proposed to be deleted from the LOF. NMFS does not anticipate 
significant effort in the mackerel trawl fishery in the Gulf of Maine 
in the future.
Finfish Aquaculture Fishery
    Records of harbor seal incidental mortality and serious injury have 
been reported for this fishery, though at a level that does not warrant 
a change in categories. However, NMFS proposes to add ``Harbor seal, 
Western North Atlantic stock'' as a marine mammal stock that incurs 
serious injury and mortality incidental to this fishery.
U.S. North Atlantic Coastal Gillnet Fisheries
    NMFS proposes to change the names and revise the boundaries of the 
``New England multispecies sink gillnet'' and the ``U.S. mid-Atlantic 
coastal gillnet'' fisheries to reflect a change in the Northeast 
Multispecies Fishery Management Plan (FMP) and to eliminate a boundary 
overlap.
    The ``New England multispecies sink gillnet fishery (including 
species as defined in the Multispecies Fishery Management Plan and 
spiny dogfish and monkfish)'' is proposed to be changed to ``Northeast 
Multispecies sink gillnet fishery (including but not limited

[[Page 37037]]

to species as defined in the Northeast Multispecies Fishery Management 
Plan, dogfish, and monkfish).'' The southern boundary of the Northeast 
Multispecies sink gillnet fishery is proposed to be changed from 
71 deg.40' W. long. to 72 deg.30' W. long.
    The ``U.S. Mid-Atlantic coastal gillnet fishery'', defined in the 
1992 LOF as ``mid-Atlantic coastal gillnet fishery (includes, but is 
not limited to, Atlantic croaker, Atlantic mackerel, Atlantic sturgeon, 
black drum, bluefish, herring, menhaden, scup, shad, striped bass, 
sturgeon, weakfish, white perch, yellow perch),'' is proposed to be 
changed to ``U.S. Mid-Atlantic coastal gillnet fishery (including but 
not limited to, Atlantic croaker, Atlantic mackerel, Atlantic sturgeon, 
black drum, bluefish, herring, menhaden, scup, shad, striped bass, 
sturgeon, weakfish, white perch, yellow perch, dogfish, and 
monkfish).'' The eastern boundary for the mid-Atlantic coastal gillnet 
fishery is proposed to be the 72 deg.30' W. long. line, running south 
from the southern Long Island shoreline; the southern boundary for this 
fishery is proposed to be a line drawn from the North Carolina-South 
Carolina border eastward to the 72 deg.30' line.
    NMFS anticipates having additional data from observer programs and 
from other sources to use in re-evaluating these fisheries. In 
addition, studies are underway to provide NMFS with new information on 
the nature of these fisheries, which have traditionally been difficult 
to define or observe because of their highly seasonal nature.
Offshore Monkfish Bottom Gillnet Fishery
    The offshore monkfish bottom gillnet fishery was a new fishery that 
was placed in Category III in the 1996 LOF. However, because of the 
location of the fishery and the type of gear typically employed, this 
fishery should have been considered a new component of two existing 
fisheries instead of a new, separate fishery. Monkfish will be added as 
a target species to the Northeast Multispecies sink gillnet fishery and 
to the U.S. mid-Atlantic coastal gillnet fishery, as defined in the 
above section on the U.S. North Atlantic coastal gillnet fisheries. 
Thus, fishers targeting monkfish using gillnets either will be in the 
U.S. mid-Atlantic coastal gillnet fishery, and placed with that fishery 
in Category II, or in the Northeast Multispecies sink gillnet fishery, 
and placed with that fishery in Category I. Gulf of Maine and U.S. Mid-
Atlantic Lobster Fisheries.
    1. Summary. Currently there are two lobster fisheries in the LOF, 
the ``Gulf of Maine, U.S. Mid-Atlantic Inshore Lobster Trap/Pot 
Fisheries'' and the ``Gulf of Maine, U.S. Mid-Atlantic Offshore Lobster 
Trap/Pot Fisheries.'' Based on a review of 1990-1994 large whale 
entanglement reports received by the agency and new information 
received about the prosecution of the lobster fishery, the inshore and 
offshore fisheries are proposed to be combined into a single fishery, 
and referred to as the ``Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/
Pot Fishery.'' This fishery is proposed to be placed in Category I in 
the 1997 LOF.
    2. Combining lobster fisheries. The two lobster fisheries described 
in the 1996 LOF are proposed to be combined because there is currently 
no practical way to distinguish between ``inshore'' and ``offshore'' 
fisheries with regard to differences in marine mammal take. Definitions 
of ``inshore'' and ``offshore'' or a discussion of what constitutes an 
inshore fishery versus an offshore fishery were not presented in the 
previous LOFs.
    Generally, as the distances from shore increase, so do the size of 
the pots, number of pots, and number and size of associated lines and 
surface gear. There is no evidence to indicate that significant changes 
in fishing operations occur at the boundary between state waters and 
the exclusive economic zone. In some cases, gear used in state waters 
is indistinguishable (larger pots and long strings, similar surface 
gear) from that used 161 km (100 miles) offshore.
    Comments are specifically requested from the public on whether 
there is a practical operational distinction between the inshore and 
offshore sectors of the fishery. Comments should consider factors such 
as geographic location, gear characteristics, and fishing practices 
such as tending gear. Comments also should consider how interactions 
with marine mammals should be attributed if separate fisheries are 
recommended.
    3. Special problems. The lobster fishery is one of the largest 
fisheries in the Northeast. It is estimated that there are 14,000 
combined state and federal lobster trap/pot permit holders. This 
information is based on a fishery from Maine through New Jersey, 
although the fishery may extend as far south as Cape Hatteras in some 
years.
    A confounding problem in analyzing the impacts of this fishery is 
that many whales are capable of dragging lobster gear some distance 
from the location in which it was originally set. For example, a 
northern right whale carried part of a lobster trawl from the Bay of 
Fundy for three months before it was spotted in Massachusetts waters. 
In addition, a 4.3-meter (14-foot) minke whale dragged a pair trap (a 
two-trap string) 9.2 km (5.5 miles) before it was sighted and 
disentangled. Thus, either of the fishers, upon returning to the 
location at which they had originally set the gear, would not have 
known whether an entanglement had occurred or whether the missing gear 
was dislodged by mobile gear or for other reasons.
    NMFS has provided observer coverage designed to sample the lobster 
catch for this fishery, at least 66 days in some years, which has not 
identified a marine mammal bycatch problem. Due to the whale behavior 
described above and the size of the lobster fishery, the agency 
believes that traditional observer coverage will not be effective in 
this fishery. Alternative monitoring programs such as aerial surveys, 
enhanced stranding and disentanglement network reporting, and 
additional gear marking requirements may be considered as alternatives 
to traditional observer coverage.
    4. Interactions between the lobster fishery and marine mammals. As 
described in the following analysis, serious injuries and/or 
mortalities of marine mammals are known to occur in the lobster 
fishery. An examination of large whale entanglement records from 
sources other than an observer program reveals that large whale 
entanglements occur in gear which is reported as ``lobster gear'', 
``lobster pot warp'', ``line like lobster pot warp'', or in similar 
terms. Generally, these reports describe the whale's condition and 
provide a basic description of how the gear is entangling the animal so 
that a rescue can be planned. The reports often do not contain the 
detail necessary to assign the entanglements to a particular fishery or 
location. On many occasions, the whale is not re-sighted, so a close 
examination of the gear cannot be attempted. In some cases, additional 
supportive information may be available to confirm the gear type and 
origin, but sources of that information have not been fully 
investigated at this time.
    For this analysis, NMFS has been conservative in attributing 
available records of entanglements to this fishery and has used only 18 
of 42 (43 percent) of the available 1990-1994 line entanglement (as 
opposed to net entanglement) records. The reasons for this approach 
include: (1) Records have been excluded where gear was only reported as 
``line'' or ``line like lobster pot warp'' since NMFS cannot confirm at 
this time whether lobster pot warp or line from some other fixed or 
mobile gear was involved; (2) records were

[[Page 37038]]

excluded if there was insufficient information on degree of injury or 
marine mammal species identification; 3) records were excluded if the 
whale disentangled itself; and 4) records were excluded if gear was 
known to be of non-U.S. origin or gear was of unknown origin but the 
entanglement was first sighted in non-U.S. waters. In addition, records 
of entanglements prior to 1990 or after 1994 were not considered in 
this analysis.
    Tier 1 evaluation. Annual serious injury and mortality levels 
across all fisheries for humpback, northern right whale, and minke 
whale stocks interacting with this fishery exceed 10 percent of the PBR 
levels for all three species.
    Tier 2 evaluation. One record of serious injury and/or mortality of 
a northern right whale, 11 records of serious injury and/or mortality 
of humpback whales, and 6 records of serious injury and/or mortality of 
minke whales were reported for this fishery from 1990-1994. These 
records cannot be extrapolated to a total kill estimate and therefore 
represent a minimum serious injury and/or mortality rate (from a 5-year 
average) of 0.2 per year for northern right whales, 2.2 per year for 
humpback whales, and 1.2 per year for minke whales. This rate is 
greater than 1% but less than 50 percent of the PBR level for humpback 
and minke whales, but equal to 50 percent of the PBR level for northern 
right whales. Therefore this fishery is proposed to be placed in 
Category I in the 1997 LOF.
    In addition to the one right whale entanglement used in the above 
analysis, the agency has received at least one report of a right whale 
entanglement after 1994 as well as during the 1990-1994 period which 
may be attributable to the lobster fishery, including a video of a 
temporarily entangled right whale calf in Cape Cod Bay in 1995. Further 
verification is anticipated on a 1993 report of an entangled right 
whale sighted near Munson Canyon and one in 1994 sighted off Plum 
Island, Massachusetts.
    5. Registration of the lobster fishery. Annual registration for an 
MMPA Authorization Certificate is required for participants in Category 
I and II fisheries. NMFS will consider registration options for the 
lobster fishery that will minimize the registration burden on lobster 
fishers.
    The lobster fishery is currently licensed under a combination of 
several state and federal systems. NMFS will work with the New England 
and Mid-Atlantic states to integrate registration under the MMPA with 
state lobster fishery registration. NMFS intends to coordinate 
registration for the federally managed lobster fishery with the MMPA 
registration program.
    The proposed rule would provide additional flexibility for 
integrated registration systems so that, for qualified programs, 
individual fishers would not be required to fill out forms or submit 
registration information but automatically would be issued 
registrations and Authorization Certificates. Once an alternative 
registration system is developed, and a reduction in administration 
costs is realized, NMFS will waive the registration fee for the lobster 
fishery.

Commercial Fisheries in the Pacific Ocean

Oregon Swordfish/Blue Shark Surface Longline Fishery
    The Oregon swordfish/blue shark surface longline fishery was 
classified as a Category II fishery in the 1996 LOF based on analogy 
with other pelagic longline fisheries. NMFS proposes to separate this 
fishery into two fisheries based upon the target species to reflect the 
current licensing practices of the Developmental Fisheries Program in 
the State of Oregon. The two fisheries would be the: ``Oregon swordfish 
floating longline fishery'' and ``Oregon blue shark floating longline 
fishery.'' There are 20 participants and 10 participants in these 
fisheries, respectively. Both fisheries would remain in Category II in 
1997.
California Squid Purse Seine Fishery
    The California squid purse seine fishery was classified as a 
Category III fishery in the 1996 LOF. However, the Pacific Scientific 
Review Group, established under section 117 of the MMPA, recommended 
that the squid purse seine fishery be monitored with an observer 
program because of lack of information about marine mammal mortalities 
and historical interactions between this fishery and short-finned pilot 
whales.
    Incidental mortality of pilot whales has occurred historically in 
the California squid purse seine fishery. Twelve pilot whales were 
observed and reported entangled in this manner during the 1980 season 
(Miller et al. 1983). Miller et al. (1983) also reported that pilot 
whales were occasionally shot in the squid purse fishery when lethal 
deterrence was legal. Heyning and Woodhouse (1994) analyzed stranding 
data between 1975-90 and found 14 short-finned pilot whales stranded or 
floating dead (most during the late 1970's). They believe that these 
pilot whales were incidentally killed in the squid purse seine fishery. 
All animals that were examined had stomachs full of market squid; none 
that were stranded had evidence of bullet holes, and commercial squid 
boats were reported to have been working those areas at the time.
    Short-finned pilot whales were once common off Southern California, 
especially near Santa Catalina Island (Barlow et al. 1995). Dohl et al. 
(1980) estimated that a resident population of 400 short-finned pilot 
whales occurred in California, with a seasonal increase of up to 2,000 
individuals. Short-finned pilot whales disappeared from the area after 
the strong 1982-83 El Nino event, and few sightings were made between 
1984-92 (Barlow et al. 1995). Because the 1991-92 aerial and shipboard 
cetacean surveys only sighted one short-finned pilot whale, there is no 
estimate of population size available at this time. However, six 
sightings of short-finned pilot whales were made during another ship 
survey off California in 1993, and a population estimate will be 
available in the near future. In addition, short-finned pilot whales 
are also incidentally killed in the offshore drift gillnet fishery for 
thresher shark and swordfish. Thirteen short-finned pilot whales were 
observed incidentally killed between 1990-94 in this fishery. Thus, 
short-finned pilot are rare, but present in the area (Forney 1994).
    Currently, purse seine vessels that fish for mackerel, tuna, and 
anchovies (a Category II fishery) use the same gear to fish for squid 
in the winter off southern California. The number of vessels has 
remained relatively stable in southern California, with approximately 
65 squid purse seine vessels in operation. Over the last few years, 
squid purse seine effort and landings have increased. In the absence of 
reliable information indicating the frequency of interaction, NMFS must 
determine whether a fishery is a Category II fishery by evaluating 
other factors (60 FR 45086, August 30, 1995). Because of historical 
evidence and possible significant interactions with the short-finned 
pilot whale, NMFS is proposing to re-categorize the squid purse seine 
fishery from Category III to Category II.
    NMFS is concerned about the lack of recent data on which to base 
this proposed fishery classification and about the apparent change in 
distribution of the short-finned pilot whale in California waters. NMFS 
specifically requests comments on these two aspects of this proposed 
reclassification.

[[Page 37039]]

Re-evaluation of Other Fisheries

Gulf of Maine, U.S. Mid-Atlantic Tuna, Shark, and Swordfish Hook and 
Line/Harpoon Fisheries
    An examination of entanglement records from sources other than 
observer data reveals that large whale entanglements occur in gear 
reported as ``tuna gear'', ``tuna dart'', ``line with tuna ball'', etc. 
Generally, these reports describe the whale's condition and provide a 
general description of how the gear is entangling the animal so that a 
rescue can be planned. The reports often do not contain the detail 
necessary to definitively identify the responsible fishery or the 
location where the entanglement occurred. On many occasions, the whale 
is not resighted, so a close examination of the gear cannot be 
attempted. In some cases, additional supportive information may be 
available to confirm the gear type and origin, but sources of that 
information have not been fully investigated at this time. NMFS will 
continue to monitor these entanglements and will verify the origin of 
the gear if possible. Until the data can be verified and additional 
information is obtained on the hook and line/harpoon fisheries for 
tuna, shark and swordfish, NMFS proposes to retain the large pelagics 
hook-and-line/harpoon fisheries in Category III in the LOF.
Other Fisheries
    In the 1996 LOF, NMFS indicated that the annual incidental serious 
injury and mortality levels of marine mammals in several fisheries 
would be re-evaluated in a future LOF. New data were not yet available 
for adequate re-evaluations of the level of serious injury and 
mortality incidental to some Atlantic trap/pot fisheries, the Atlantic 
inshore gillnet fisheries, the North Atlantic bottom trawl fishery, and 
several other fisheries described in the 1996 LOF. NMFS recognizes that 
incidental serious injuries and mortalities may occur at some level in 
some of these fisheries and will continue to monitor these 
interactions.

Definitions of Various U.S. North Atlantic Trawl Fisheries

    Since the publication of the 1996 LOF, it has come to NMFS' 
attention that there is confusion regarding the definitions of the 
trawl fisheries. NMFS is concerned that the current fishery definitions 
may not reflect current fishing practices. It is often difficult for a 
fisher to determine under which category his/her vessel falls, and 
therefore whether or not to register in the Marine Mammal Authorization 
Program and be prepared for possible observer coverage. The absence of 
a clear understanding of the definitions of certain fisheries may 
confound the classification of certain fisheries in the LOF. Thus, NMFS 
is specifically requesting comments from the public on appropriate 
definitions of the trawl fisheries.
    The following are the trawl fisheries as listed in the LOF for 
1996. Definitions of the fisheries are included for those fisheries not 
described by target species and gear type in the fishery name.
U.S. Atlantic Large Pelagics Pair Trawl Fishery
    This fishery is in Category I and currently consists of seven pairs 
of vessels. This fishery is characterized by the use of two vessels to 
cooperatively haul trawl net gear.
Atlantic Mackerel, Squid, and Butterfish Trawl Fishery
    This fishery is in Category II and currently consists of 
approximately 260 vessels/persons. This fishery consists of the ``Mid-
Atlantic squid trawl'' and the ``Mid-Atlantic mackerel trawl'' 
fisheries as defined in the 1994 LOF. These fisheries were combined, 
proposed to include the butterfish trawl fishery in order to parallel 
the Fishery Management Plan for the Atlantic Mackerel, Squid, and 
Butterfish Fisheries of the North Atlantic, and proposed to be 
identified as the ``Atlantic mid-water trawl fishery'' in the proposed 
LOF for 1996 (60 FR 31680, June 16, 1995). In response to a public 
comment indicating that it was incorrect to call the squid trawl 
fishery a mid-water trawl fishery, the name of the fishery was changed 
in the final LOF for 1996 to the ``Atlantic squid, mackerel, and 
butterfish trawl'' fishery to reflect the species targeted and to 
parallel the relevant FMP (60 FR 67070, December 28, 1995).
North Atlantic Bottom Trawl Fishery
    This fishery was placed in Category III in the 1996 LOF and 
currently consists of 1,052 vessels/persons. This fishery was renamed 
from the ``Gulf of Maine, mid-Atlantic groundfish trawl'' fishery to 
include a specific list of species targeted (60 FR 31681, June 16, 
1995). Although the list of species targeted was not provided in the 
final LOF for 1996, the proposed LOF for 1996 indicted that this 
fishery targets species included in, but not limited to, all species 
described in the Northeast Multispecies, and Summer Flounder FMPs and 
scup and seabass which may be included in the Summer Flounder FMP at a 
later date.
Gulf of Maine Mackerel Trawl Fishery
    This fishery was placed in Category III in the 1996 LOF and 
currently consists of approximately 30 vessels. This fishery is 
proposed to be combined with the squid, mackerel, butterfish trawl 
fishery in this proposed LOF.
Mid-Atlantic Mixed Species Trawl Fishery
    This fishery was placed in Category III in the 1996 LOF and 
currently consists of more than 1,000 vessels/persons.
Gulf of Maine and Mid-Atlantic Sea Scallop Trawl Fishery
    This fishery was placed in Category III in the 1996 LOF and 
currently consists of 215 vessels/persons.
Gulf of Maine, Southern North Atlantic, and Gulf of Mexico Herring 
Trawl Fishery
    This fishery was placed in Category III in the 1996 LOF and 
currently consists of five vessels/persons.
U.S. Atlantic Monkfish Trawl Fishery
    This fishery was a new fishery that was placed in Category III in 
the 1996 LOF and consists of an unknown number of participants. This 
fishery harvests monkfish in the deep waters off the Atlantic coast. 
Some participants in this fishery use a modified beam trawl; most use 
otter trawls. In addition, some participants in the scallop dredge 
fishery target monkfish using dredge gear during off-days for scallops 
as well as targeting scallops and monkfish simultaneously.
Bluefish, Croaker, and Flounder Trawl Fishery
    This fishery is in Category III and currently includes 
approximately 550 vessels/participants.

Other Proposed Changes

    Annual registration is one of the requirements of the MMPA which 
would apply to participants in Category I and II fisheries. NMFS is 
considering registration options that will ensure compliance with the 
MMPA while minimizing the registration burden to fishers. As noted 
above, NMFS has successfully integrated registration under the MMPA 
with state fishery registration in Washington and Oregon under current 
regulations, is pursuing an integrated registration system with Alaska, 
and would consider integrated registration systems for other fisheries 
such as the Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/Pot Fishery.
    The proposed rule would provide additional flexibility for 
integrated registration systems so that, if MMPA

[[Page 37040]]

Authorization Certificate registration information is supplied through 
integration with state systems, interjurisdictional fisheries programs, 
and federally managed fisheries, individual fishers would not required 
to fill out forms or submit registration information but automatically 
would be issued registrations and Authorization Certificates.
    The benefits of integrating MMPA registration with existing fishery 
registration or permit programs have included a reduction in paperwork 
that must be completed by the fisher, a reduction in paperwork that 
must be completed by NMFS, and reduced staff burdens for NMFS. NMFS 
will consider reducing or waiving registration fees for the fisheries 
where an integrated registration program can be arranged.

Classification

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. Under existing regulations certain fishers must 
register, obtain an Authorization Certificate, and pay a fee of $25. 
Such a certificate authorizes the taking of certain marine mammals 
incidental to commercial fishing operations. Currently, approximately 
13,000 fishers are registered. This proposed rule, if adopted, would 
require the registration of additional fishers in fisheries that are 
classified as Category I and II, including approximately 14,000 
participants in the Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/Pot 
Fishery. NMFS will consider waiving or reducing the registration fee 
for fisheries where an integrated registration program can be arranged. 
In any case, the fee, with respect to expected revenues, is not 
considered significant. As a result, a regulatory flexibility analysis 
was not prepared. This proposed rule has been determined to be not 
significant for purposes of E.O. 12866.
    This proposed rule does not contain new collection-of-information 
requirements subject to the Paperwork Reduction Act. Further, proposed 
regulatory changes are designed to provide additional flexibility and 
to reduce paperwork burdens. However, the proposed reclassification of 
some fisheries to Category I or II would be expected to increase the 
number of fishers that may be subject to collection-of-information 
requirements.
    Although this collection has been approved previously by the Office 
of Management and Budget (OMB) under OMB control numbers 0648-0224 and 
0648-0225, because of new collection requirements as a result of the 
reclassification of some fisheries to Category I and II, this proposed 
rule is being resubmitted to OMB for review and approval. The average 
reporting burden under the existing requirements is 0.25 hours for each 
fisher who is required to register for an Authorization Certificate and 
0.17 hours for each report of marine mammal injury or mortality. Those 
burdens are not expected to change significantly if this proposed rule 
is adopted, and may actually decrease as a result of proposed changes 
in the registration system to reduce those burdens. Send comments 
regarding these reporting burden estimates or any other aspect of the 
collections of information, including suggestions for reducing the 
burdens, to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.
    The Assistant Administrator for Fisheries, NOAA, prepared an 
environmental assessment (1995 EA) under the National Environmental 
Policy Act for regulations to implement section 118 of the MMPA. The 
1995 EA concluded that implementation of those regulations would not 
have a significant impact on the human environment and is available 
upon request (see ADDRESSES). For the proposed LOF, NMFS is constrained 
by the MMPA with respect to the information that may be considered; 
changes in the implementing regulations are minor and procedural in 
nature and do not change the analysis or conclusion of the 1995 EA.

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Imports, Indians, Marine 
Mammals, Penalties, Reporting and recordkeeping requirements, 
Transportation.

    Dated: July 10, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 229 is 
proposed to be amended as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for part 229 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq.

    2. In Sec. 229.4, paragraphs (a), (b) and (e) are revised to read 
as follows:

Sec. 229.4  Requirements for Category I and II fisheries.

    (a) General. (1) In order to lawfully incidentally take a marine 
mammal in the course of a commercial fishing operation in a Category I 
or II fishery, a valid Certificate of Authorization authorizing such a 
taking must be on board the vessel or, in the case of nonvessel 
fisheries, must be in the possession of the person in charge of the 
fishing operation. The owner of a vessel or nonvessel fishing gear is 
responsible for obtaining a Certificate of Authorization.
    (2) The administration of Authorization Certificates under this 
part will be integrated and coordinated with existing fishery license, 
registration, or permit systems and related fishery management programs 
wherever possible. These fishery management programs may include, but 
are not limited to, state or interjurisdictional fisheries programs. If 
the administration of Authorization Certificates is integrated into a 
fishery management program, NMFS will publish a notice in the Federal 
Register announcing the integrated program and summarizing how a person 
may register under that program or how registration will be achieved. 
Additional efforts will be made to contact participants in the affected 
fishery via other appropriate means of notification.
    (b) Registration. (1) The owner of a vessel, or for nonvessel gear 
fisheries, the owner of gear who participates in a Category I or II 
fishery is required to be registered for a Certificate of 
Authorization.
    (2) Unless a notice is published in the Federal Register announcing 
an integrated Authorization Certificate/fishery management program, the 
owner of a vessel, or for nonvessel fishery, the owner of the gear must 
submit the following information using the format specified by NMFS:
    (i) Name, address, and phone number of owner;
    (ii) Name, address, and phone number of operator, if different from 
owner, unless the name of the operator is not known or has not been 
established at the time the registration is submitted;

[[Page 37041]]

    (iii) For a vessel fishery, vessel name, length, and U.S. Coast 
Guard documentation number or state vessel registration number, and if 
applicable, state commercial vessel license number and for a nonvessel 
fishery, a description of the gear and state commercial license number, 
if applicable.
    (iv) A list of all Category I and II fisheries in which the fisher 
may engage during next calendar year;
    (v) The approximate time, duration, and location of each such 
fishery operation, and the general type and nature of use of the 
fishing gear and techniques used; and
    (vi) A certification signed and dated by the owner of an authorized 
representative of the owner as follows: ``I hereby certify that I am 
responsible for the vessel or gear described in this registration, that 
I have reviewed all information contained in this registration, and 
that the information is true and complete to the best of my 
knowledge.''
    (3) If a notice is published in the Federal Register announcing an 
integrated Authorization Certificate/fishery management program, the 
owner of a vessel, or for nonvessel fishery, the owner of the gear may 
register by following the directions provided in that notice. In some 
cases, an integrated Authorization Certificate/fishery management 
program may automatically register participants in a fishery for 
Authorization Certificates. If a person receives a registration to 
which he or she is not entitled or if the registration contains 
incorrect, inaccurate or incomplete information, the person shall 
notify NMFS within 10 days following receipt. A registration must be 
signed and dated by the owner or an authorized representative of the 
owner unless it contains incorrect, inaccurate or incomplete 
information. If for some reason a person who expects to receive 
automatic registration does not receive that registration within the 
time specified in the notice announcing the integrated Authorization 
Certificate/fishery management program, the person shall notify NMFS as 
directed in the notice or may apply for registration by submitting the 
information required under paragraph (b)(1)(i) through (vi).
* * * * *
    (e) Issuance. (1) NMFS will issue an Authorization Certificate and 
annual decal to an owner or a representative of the owner who submits a 
completed registration and the required fee, or is registered under an 
integrated Authorization Certificate/fishery management program and has 
paid any required fee, provided that the registrant has complied with 
the requirements of this section and Secs. 229.6 and 229.7.
    (2) NMFS will renew an Authorization Certificate and issue a new 
annual decal to an owner or a representative of the owner who submits 
updated registration or renewal registration which includes a statement 
(yes/no) whether any marine mammals were killed or injured during the 
current or previous calendar year and the required fee, or who is 
registered under an integrated Authorization Certificate/fishery 
management program and has paid any required fee, provided that the 
registrant has complied with the requirements of this section and 
Secs. 229.6 and 229.7.
    (3) If a person receives an Authorization Certificate or an annual 
decal to which he or she is not entitled, the person shall notify NMFS 
within 10 days following receipt. In order for a Authorization 
Certificate to be valid, the certification must be signed and dated by 
the owner or an authorized representative of the owner.
* * * * *
[FR Doc. 96-18002 Filed 7-11-96; 11:45 am]
BILLING CODE 3510-22-F

Complete official Federal Register PDF

FR Doc. 96-17997 Manufacturers Excise Taxes-Firearms and Ammunition (95R-055P)
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37022-37023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17997]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 53

[Notice No. 831]
RIN 1512-AB42

Manufacturers Excise Taxes-Firearms and Ammunition (95R-055P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Proposed rule; request for comments on temporary regulations.

-----------------------------------------------------------------------

SUMMARY: In the Rules and Regulations portion of this Federal Register, 
the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary 
regulations to simplify the regulations in 27 CFR Part 53 relating to 
exemption certificates. The regulations are being revised to give 
taxpayers the option of using a preprinted document as exemption 
certificates and vendor(vendee) statements or designing their own 
certificates and statements using specified information. ATF is 
requesting comments on the temporary regulations before issuing the 
final regulations.

DATES: Written comments must be received on or before October 15, 1996.

ADDRESSES: Send written comments to: Chief, Regulations Branch, Bureau 
of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 20226-
0221.

FOR FURTHER INFORMATION CONTACT: Mary Lou Blake, Regulations Branch, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Ave., NW, 
Washington, DC 20226; (202-927-8210).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined in E.O. 12866. Therefore, a regulatory 
assessment is not required.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation will not have 
a significant economic impact on a substantial number of small entities 
or impose or otherwise cause an increase in the reporting, 
recordkeeping or other compliance burdens on a substantial number of 
small entities. The factual basis for such certification is that this 
revision does not add any new requirement for reporting or 
recordkeeping. This revision serves only to clarify and streamline 
current regulatory requirements. Pursuant to section 7805(f) of the 
Internal Revenue Code, this proposed regulation has been submitted to 
the Chief Counsel for Advocacy of the Small Business Administration for 
comment on its impact on small business.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Public Law 
96-511, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR 
part 1329, do not apply to this notice because there are no new 
reporting or recordkeeping requirements.

Public Participation

    ATF requests comments on the proposed regulations from all 
interested persons. Comments received on or before the closing date 
will be carefully considered. Comments received after that date will be 
given the same consideration if it is practical to do so, but assurance 
of consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comment. The name of the 
person submitting a comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit his or her request in writing, to the 
Director within the 60-day comment period. The Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing is necessary.

[[Page 37023]]

    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR Part 53. For the text of the temporary 
regulations, see T.D. ATF-380 published in the Rules and Regulations 
section of this issue of the Federal Register.

Drafting Information

    The author of this document is Mary Lou Blake, Regulations Branch, 
Bureau of Alcohol, Tobacco and Firearms.

    Signed: May 30, 1996.
Bradley A. Buckles,
Acting Director.

    Approved: June 10, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-17997 Filed 7-15-96; 8:45 am]
BILLING CODE 4810-31-P 

Complete official Federal Register PDF

FR Doc. 96-17985 Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Threatened Status for Copperbelly Water Snake
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37034-37035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17985]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB75

Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period on Proposed Threatened Status for Copperbelly Water 
Snake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service) provides notice that 
the comment period on the proposed threatened status for the 
copperbelly water snake (Nerodia erythrogaster neglecta) is reopened. 
This snake occupies portions of southern Michigan, northwestern Ohio 
and adjacent northeastern Indiana, southern Indiana, southeastern 
Illinois, and western Kentucky.

DATES: Comments from all interested parties must be received by 
September 16, 1996.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to U.S. Fish and Wildlife Service, 620 South Walker Street, 
Bloomington, Indiana 47403-2121.

FOR FURTHER INFORMATION CONTACT: David Hudak, Field Supervisor, (see 
ADDRESSES section), 812/334-4261 extension 200.

SUPPLEMENTARY INFORMATION:

Background

    A proposed rule to list the copperbelly water snake (sometimes 
referred to as the northern copperbelly water snake) as threatened was 
published on August 18, 1993 (58 FR 43860). A public hearing on the 
proposal was held in Indianapolis on April 4, 1994, and the comment 
period for this proposed rule was extended or reopened five times, with 
the last comment period closing on September 30, 1995 (60 FR 42140, 
August 15, 1995).
    Following the December 15, 1994, to January 13, 1995, comment 
period the Service again began evaluating all available scientific and 
commercial data concerning the species' status. On April 10, 1995, 
Public Law 104-06 imposed a moratorium which prevented the addition of 
any species to the Threatened and Endangered Species List. Thus, the 
Service was prevented from making a final decision on the proposed 
threatened classification of the copperbelly water snake. The 
moratorium remained in effect until April 26, 1996, at which time 
Public Law 104-134 was enacted, providing for the termination of the 
listing moratorium by the President.
    The Service is required to use the best available scientific and 
commercial data in making listing determinations under the Endangered 
Species Act of 1973 (Act), as amended. The Service's Final Listing 
Priority Guidance, published May 16, 1996, (61 FR 24722-24728) notes 
that the inaction forced upon the Service by the moratorium and related 
funding limitations may result in a need to reopen comment periods due 
to unresolved questions or the potential for the existence of new 
information. Pursuant to this Guidance, it is necessary to reopen the 
comment period to ensure that the Service has the best scientific and 
commercial information currently available to use in making a final 
listing determination for the copperbelly water snake.
    During this comment period the Service desires to receive any 
scientific and commercial data that have become available since the 
previous comment period closed on September 30, 1995. If significant 
data are provided that are likely to influence the listing 
determination, the Service will notify the public of the data's 
existence and will provide copies to parties that request them. If 
necessary, the Service will then extend or reopen the comment period to 
allow sufficient time for interested parties to review and comment on 
the new data.

[[Page 37035]]

    The Service expects to receive a report on the biological status of 
the northern population (southern Michigan and the adjacent portions of 
Indiana and Ohio) of the copperbelly water snake during this comment 
period. Parties wishing to receive a copy of the northern population 
report or other significant data received during this comment period 
are invited to furnish their address to the Service.
    Therefore, by this notice the Service is reopening the comment 
period to solicit and receive additional data and comments on the 
proposal and to receive addresses from parties who want to receive a 
copy of the northern population report. The Service is especially 
interested in receiving data that have become available since the 
September 30, 1995, close of the previous comment period.
    Data and comments which have been previously submitted do not need 
to be resubmitted. When the Service makes its final determination 
whether to list the copperbelly water snake as a threatened species all 
previously received materials will be considered along with newly 
submitted material. Data and comments received during this and earlier 
comment periods may lead to final regulations that differ from the 
proposal of August 18, 1993.

Author

    The primary author of this notice is Ronald L. Refsnider, U.S. Fish 
and Wildlife Service, Division of Endangered Species, Bishop Henry 
Whipple Federal Building, 1 Federal Drive, Ft. Snelling, Minnesota 
55111-4056 (612-725-3536).

Authority

    Authority for this action is the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).

    Dated: July 10, 1996.
William F. Hartwig,
Regional Director, Region 3, Fort Snelling, MN.
[FR Doc. 96-17985 Filed 7-15-96; 8:45 am]
BILLING CODE 4310-55-M

Complete official Federal Register PDF

FR Doc. 96-17983 Airworthiness Directives; de Havilland Model DHC-8-100 and -300 Series Airplanes
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37019-37022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17983]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-72-AD]
RIN 2120-AA64

Airworthiness Directives; de Havilland Model DHC-8-100 and -300 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all deHavilland DHC-8-100 
and -300 series airplanes, that currently requires repetitive 
inspections to detect loose bolts at the retract actuator support 
fitting of the main landing gear, and various follow-on actions, if 
necessary. That AD was prompted by a report of loose actuator 
supporting bolts and cracks in the relief radius of the boss at the 
forward surface of the fittings. This action would add a requirement to 
accomplish a new modification, which, when accomplished, would 
terminate the repetitive inspections. The actions specified by the 
proposed AD are intended to prevent loss of hydraulic systems and 
reduced controllability of the airplane due to loose actuator support 
bolts or cracks in the relief radius of the boss at the forward surface 
of the fittings.

DATES: Comments must be received by August 26, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-72-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:
Jon Hjelm, Aerospace Engineer, Airframe and Propulsion Branch, ANE-173, 
FAA, New York Aircraft Certification Office, Engine and

[[Page 37020]]

Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7523; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-72-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-72-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On September 12, 1991, the FAA issued AD 91-20-12, amendment 39-
8046 (56 FR 47901, September 23, 1991), applicable to all de Havilland 
Model DHC-8-100 and -300 series airplanes. That amendment superseded AD 
91-15-51, amendment 39-8016 (56 FR 41928, August 26, 1991), to add de 
Havilland Model DHC-8-300 series airplanes to the applicability; to 
require repetitive inspections to detect loose bolts at the retract 
actuator support fitting of the main landing gear (MLG); and, if 
necessary, to require a magnetic particle inspection, replacement of 
loose bolts, and replacement of cracked fittings. That action was 
prompted by a report of loose actuator supporting bolts and cracks in 
the relief radius of the boss at the forward surface of the fittings. 
The requirements of that AD are intended to prevent these conditions, 
which could result in loss of the hydraulic systems and reduced 
controllability of the airplane.
    In the preamble to AD 91-20-12, the FAA indicated that inspections 
of the MLG's were considered ``interim action'' and that further 
rulemaking action was being considered. As a follow-on action from that 
determination, the FAA is now proposing additional, final action.

Explanation of Relevant Service Information

    Since the issuance of AD 91-20-12, de Havilland has issued Service 
Bulletin S.B. 8-54-34, Revision `A', dated July 21, 1995, which 
describes procedures for modification of the frame and the retraction 
actuator fitting of the MLG. This modification involves removing the 
enamel application from the interface surfaces of the frame and 
fitting.
    This modification will allow the bracket to seat properly on the 
MLG frame and will prevent preload stress in the bracket.
    De Havilland has also issued Service Bulletin S.B. 8-54-27, 
Revision `B', dated August 22, 1994, which also describes procedures 
for modification of the frame and the retraction actuator fitting of 
the MLG. This modification involves installing modified brackets with 
improved fasteners. This modified bracket incorporates a material 
change to preclude hydrogen embrittlement cracking.
    Accomplishment of these modifications eliminates the need for the 
repetitive inspections.
    Transport Canada Aviation classified these service bulletins as 
mandatory and issued Canadian airworthiness directive CF-91-25R2 in 
order to assure the continued airworthiness of these airplanes in 
Canada.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the Transport Canada Aviation has 
kept the FAA informed of the situation described above., The FAA has 
examined the findings of Transport Canada Aviation, reviewed all 
available information, and determined that AD action is necessary for 
products of this type design that are certificated for operation in the 
United States.

Explanation of the Requirements of the Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would supersede AD 91-20-12. The 
proposed AD would continue to require repetitive inspections to detect 
loose bolts at the retract actuator support fitting of the MLG; and, if 
necessary, to require a magnetic particle inspection, replacement of 
loose bolts, and replacement of cracked fittings. In addition, this new 
proposed AD would require modification of the frame and the retraction 
actuator fitting of the MLG, which would constitute terminating action 
for the repetitive inspection requirements. The actions would be 
required to be accomplished in accordance with the service bulletins 
described previously.
    Operators should also note that the applicability of the proposed 
rule differs from the current applicability of AD 91-20-12. The 
proposed AD would limit the applicability to include only those 
airplanes having serial numbers 3 through 400 inclusive, except serial 
number 391. The FAA points out that, during production, Modifications 
8/1830 and 8/2049 were installed on Model DHC-8-100 and -300 series 
airplanes having serial number 400 and subsequent; therefore, these 
airplanes are not subject to the requirements of this AD.

Differences Between Proposed AD and Relevant Service Information

    Operators should note that, unlike the effectivity listing 
specified in de Havilland Service Bulletin 8-54-27, Revision `B', dated 
August 22, 1994, the proposed AD would require that the modification be 
accomplished on Model DHC-8-100 and -300 series airplanes, serial 
numbers 3 through 400 inclusive, except serial number 391. The FAA 
points out that de Havilland inadvertently excluded the serial numbers 
of some affected airplanes from the effectivity listing of its service 
bulletin.

Cost Impact

    There are approximately 125 de Havilland Model DHC-8-100 and -300 
series airplanes of U.S. registry that would be affected by this 
proposed AD.
    The actions that are currently required by AD 91-20-12, and 
retained in this proposed AD, take approximately

[[Page 37021]]

1 work hour per airplane to accomplish, at an average labor rate of $60 
per work hour. Based on these figures the cost impact on U.S. operators 
of the actions currently required is estimated to be $7,500, or $60 per 
airplane.
    The installation of modified brackets with new fasteners that would 
be required by this proposal would take approximately 10 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts would cost approximately $3,500 per airplane. Based on 
these figures, the cost impact of the modification requirement of this 
proposal on U.S. operators is estimated to be $512,500 or $4,100 per 
airplane.
    The removal of the enamel application (Modification 8/1830) that 
would be required by this proposal would take approximately 5 work 
hours per airplane to accomplish, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact on U.S. operators of 
the proposed requirements of this AD is estimated to be $37,500, or 
$300 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-8046 (56 FR 
47901, September 23, 1991), and by adding a new airworthiness directive 
(AD), to read as follows:

De Havilland, Inc.: Docket 95-NM-72-AD, Supersedes AD 91-20-12, 
Amendment 39-8046.

    Applicability: Model DHC-8-100 and -300 series airplanes, serial 
numbers 3 through 400 inclusive, except serial number 391; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of hydraulic systems and reduced controllability 
of the airplane due to loose actuator support bolt or cracks in the 
relief radius of the boss at the forward surface of the fittings, 
accomplish the following:
    (a) For Model DHC-8-100 series airplanes: Within 24 hours after 
September 9, 1991 (the effective date of AD 91-15-51, amendment 39-
8016), inspect the three actuator attachment fitting bolts on the 
right- and left-hand main landing gears (MLG) to detect loose bolts 
by applying a torque of not less than 10 foot-pounds to each bolt.
    (1) If no loose bolt is found as a result of the inspection 
required by paragraph (a) of this AD, repeat this inspection 
thereafter at intervals not to exceed 500 landings.
    (2) If any loose bolt is found as a result of the inspection 
required by paragraph (a) of this AD, accomplish paragraphs 
(a)(2)(i), (a)(2)(ii), and (a)(2)(iii) of this AD.
    (i) Prior to further flight, replace the loose bolt with a new 
bolt of the same part number.
    (ii) Within 250 landings after October 7, 1991 (the effective 
date of 91-20-12, amendment 39-8046) accomplish paragraphs 
(a)(2)(ii)(A) and (a)(2)(ii)(B) of this AD.
    (A) Remove the associated support fitting having part number (P/
N) 85410084.
    (B) Perform a magnetic particle inspection to detect cracks 
throughout the fitting, paying particular attention to the relief 
radius at the forward surface boss. If any crack is detected as a 
result of this inspection, prior to further flight, replace the 
fitting with a serviceable part.
    (iii) Repeat the inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 500 landings.
    (b) For Model DHC-8-300 series airplanes: Within 250 landings 
after October 7, 1991 (the effective date of AD 91-20-12, amendment 
39-8046), inspect the three actuator attachment fitting bolts on the 
right- and left-hand MLG's to detect loose bolts by applying a 
torque of not less than 10 foot-pounds to each bolt.
    (1) If no loose bolt is found as a result of the inspection 
required by paragraph (b) of this AD, repeat this inspection 
thereafter at intervals not to exceed 500 landings.
    (2) If any loose bolt is found as a result of the inspection 
required by paragraph (a) of this AD, accomplish paragraphs 
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this AD.
    (i) Prior to further flight, replace the loose bolt with a new 
bolt of the same part number.
    (ii) Within 250 landings after October 7, 1991 (the effective 
date of AD 91-20-12, amendment 39-8046), accomplish (b)(2)(ii)(A) 
and (b)(2)(ii)(B) of this AD.
    (A) Remove the associated support fitting (P/N 85410084 for 
Model DHC-8-301 airplanes, and P/N 85411701 for Model DHC-8-311 
airplanes).
    (B) Perform a magnetic particle inspection to detect cracks 
throughout the fitting, pay particular attention to the relief 
radius at the forward surface boss. If any crack is detected as a 
result of this inspection, prior to further flight, replace the 
fitting with a serviceable part.
    (iii) Repeat the inspection required by paragraph (b) of this AD 
thereafter at intervals not to exceed 500 landings.
    (c) Within 90 days after the effective date of this AD, 
accomplish paragraphs (c)(1) and (c)(2), as applicable, of this AD. 
Accomplishment of this paragraph constitutes terminating action for 
the inspections required by paragraphs (a) and (b) of this AD.
    (1) For Model DHC-8-100 and -300 series airplanes, having serial 
numbers 3 through 400 inclusive, except serial number 391: Modify 
the frame and the retraction actuator fitting of the MLG, in 
accordance with de Havilland Service Bulletin S.B. 8-54-34, Revision 
`A', dated July 21, 1995.
    (2) For Model DHC-8-100 and -300 series airplanes, having serial 
number 3 through 332 inclusive: Modify the retraction actuator 
fitting of the MLG, in accordance with de Havilland Service Bulletin 
S.B. 8-54-27, Revision `B', dated August 22, 1994.
    (d) An alternative method of compliance or adjustment of the 
compliance time that

[[Page 37022]]

provides an acceptable level of safety may be used if approved by 
the Manager, New York Aircraft Certification Office (ACO), FAA, 
Engine and Propeller Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, New York ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch ANM-113.

    (e) Special flight permits may be used in accordance with 
section 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished. Any loose bolt 
found as a result of the inspections required by paragraph (a) or 
(b) of this AD, must be retorqued prior to application for a special 
flight permit. The upper bold, P/N 81812-7-22, must be retorqued to 
36-39 foot-pounds; the lower two bolts, P/N 81812-6-22, must be 
retorqued to 22-25 foot-pounds.

    Issued in Renton, Washington, on July 10, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-17983 Filed 7-15-96; 8:45 am]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-17964 West Virginia Permanent Regulatory Program
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37023-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17964]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-075-FOR]

West Virginia Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed Rule; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: OSM is reopening the pubic comment period on a proposed 
amendment to the West Virginia permanent regulatory program 
(hereinafter referred to as the West Virginia program) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
amendment revises the West Virginia Surface Mining Reclamation 
Regulations concerning topsoil substitutes. The amendment is intended 
to improve the effectiveness of the West Virginia program.

DATES: Written comments must be received on or before 4:00 p.m. on July 
31, 1996.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. James C. Blankenship, Jr., Director, 
Charleston Field Office at the address listed below
    Copies of the proposed amendment, the West Virginia program, and 
the administrative record on the West Virginia program are available 
for public review and copying at the addresses below, during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting the OSM Charleston Field Office.

Mr. James C. Blankenship, Jr., Director, Charleston Field Office, 
Office of Surface Mining Reclamation and Enforcement, 1027 Virginia 
Street, East, Charleston, West Virginia 25301 Telephone: (304) 347-7158
West Virginia Division of Environmental Protection, 10 McJunkin Road, 
Nitro, West Virginia 25143, Telephone: (304) 759-0515

    In addition, copies of the proposed amendment are available for 
inspection during regular business hours at the following locations:

Office of Surface Mining Reclamation and Enforcement, Morgantown Area 
Office, 75 High Street, Room 229, P.O. Box 886, Morgantown, West 
Virginia 26507, Telephone: (304) 291-4004
Office of Surface Mining Reclamation and Enforcement, Beckley Area 
Office, 323 Harper Park Drive, Suite 3, Beckley, West Virginia 25801, 
Telephone: (304) 255-5265

FOR FURTHER INFORMATION CONTACT:
Mr. James C. Blankenship, Jr., Director, Charleston Field Office; 
Telephone: (304) 347-7158.

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the West Virginia program. Background information on the West 
Virginia program, including the Secretary's findings, the disposition 
of comments, and the conditions of the approval can be found in the 
January 21, 1981, Federal Register (46 FR 5915-5956). Subsequent 
actions concerning the West Virginia program and previous amendments 
are codified at 30 CFR 948.10, 948.12, 948.13, 948.15, and 948.16.

II. Discussion of the Proposed Amendment

    By letter dated April 2, 1996 (Administrative Record Number WV-
1024), the West Virginia Division of Environmental Protection (WVDEP) 
submitted an amendment to its approved permanent regulatory program 
pursuant to 30 CFR 732.17. The amendment contains revisions to the West 
Virginia Surface mining Reclamation Regulations (CSR Sec. 38-2-1 et 
seq.). The proposed amendments were announced in the April 23, 1996, 
Federal Register (61 FR 17859). However, a proposed amendment to 
Sec. 38-2-14.3(c) concerning topsoil substitutes was inadvertently 
omitted from that notice. Therefore, OSM is reopening the public 
comment period only on the following proposed amendment.
    Section 38-2-14.3(c)(2) is amended by adding the word 
``reasonably'' immediately following the word ``best.'' As amended, 
subsection (c)(2) reads as follows: ``The resulting soil medium is the 
best reasonably available in the permit area to support vegetation; 
and.''

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comments on the proposed amendment submitted by the State of 
West Virginia to its permanent regulatory program. Specifically, OSM is 
seeking comments on the revision to the State's regulations that was 
submitted on April 2, 1996 (Administrative Record No. WV-1024), and is 
identified above. Comments should address whether the proposed 
amendment satisfies the applicable program approval criteria of 30 CFR 
732.15. If the amendment is deemed adequate, it will become part of the 
West Virginia program.

Writen Comments

    Written comments should be specific, pertain only to the issue 
proposed in this notice and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under dates or at locations other than the OSM Charleston Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

IV. Procedural Determinations

Executive Order 12291

    On July 12, 1984, the Office of Management and Budget (OMB) granted 
OSM an exemption from sections 3, 4, 7 and 8 of Executive Order 12291 
(Reduction of Regulatory Burden ) for actions related to approval or 
conditional approval of State regulatory programs, actions and program 
amendments. Therefore, preparation of a regulatory impact analysis is 
not necessary, and OMB regulatory review is not required.

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards

[[Page 37024]]

are not applicable to the actual language of State regulatory programs 
and program amendments since each such program is drafted and 
promulgated by a specific State, not by OSM. Under sections 503 and 505 
of the Surface Mining Control and Reclamation Act (SMCRA) (30 U.S.C. 
1253 and 1255) and 30 CFR 730.11, 732.15 and 732.17(h)(10), decisions 
on proposed State regulatory programs and program amendments submitted 
by the States must be based solely on a determination of whether the 
submittal is consistent with SMCRA and its implementing Federal 
regulations and whether the other requirements of 30 CFR parts 730, 731 
and 732 have been met.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA [30 U.S.C. 1292(d)] provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act, 42 U.S.C. 
4332(2)(C).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C. 3507 et seq.

Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 8, 1996.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-17964 Filed 7-15-96; 8:45 am]
BILLING CODE 4310-05-M

Complete official Federal Register PDF

FR Doc. 96-17960 Natural Resource Damages AssessmentsType B Procedures
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37030-37032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17960]

=======================================================================
-----------------------------------------------------------------------

[[Page 37031]]

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 11

RIN 1090-AA29 and 1090-AA43

Natural Resource Damages Assessments--Type B Procedures

AGENCY: Department of the Interior.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of the Interior is revising the regulations for 
assessing natural resource damages resulting from a release or 
discharge of a hazardous substance in compliance with a statutory 
biennial review requirement and a court remand. The regulations provide 
procedures that Federal, State, and Tribal natural resource trustees 
may use to develop plans for restoring injured natural resources and to 
determine appropriate compensation due from potentially responsible 
parties. The regulations include an administrative process for 
conducting assessments as well as two types of technical procedures for 
the actual quantification of injuries and damages. ``Type A'' 
procedures are standard procedures for simplified assessments requiring 
minimal field observation in cases of minor discharges or releases in 
certain environments. ``Type B'' procedures are procedures for detailed 
assessments in other cases. This document solicits comment on potential 
revisions to the administrative process and the type B procedures in 
light of recently promulgated natural resource damage assessment 
regulations for oil discharges.

DATES: Comments will be accepted through September 16, 1996.

ADDRESSES: Comments should be sent in duplicate to the Office of 
Environmental Policy and Compliance, ATTN: NRDA Rule--Type B, Mail Stop 
2340, Department of the Interior, 1849 C Street NW, Washington, DC 
20240.

FOR FURTHER INFORMATION CONTACT: Mary C. Morton at (202) 208-3302.

SUPPLEMENTARY INFORMATION:

Statutory Authority

    This document solicits comment on the revision of regulations for 
assessing natural resource damages for releases or discharges of 
hazardous substances. The Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) (CERCLA) 
provides that certain categories of persons, known as potentially 
responsible parties (PRPs), are liable for natural resource damages 
when a release of a hazardous substance has resulted in injury to, 
destruction of, or loss of natural resources. 42 U.S.C. 9607(a). 
Natural resource damages fund restoration, replacement, or acquisition 
of the equivalent of the injured natural resources. 42 U.S.C. 
9607(f)(1).
    Only those Federal, State, and Tribal officials designated as 
natural resource trustees may recover natural resource damages. CERCLA 
defines ``State'' to include:

    The District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, the Commonwealth 
of the Northern Marianas, and any other territory or possession over 
which the United States has jurisdiction. 42 U.S.C. 9601(27).

    Trustees may recover damages for those natural resource injuries 
that are not fully remedied by response actions as well as the public 
interim losses from the date of the release until the injured natural 
resources have fully recovered or been restored. Trustees may also 
recover the reasonable costs of assessing natural resource damages.
    CERCLA requires the President to promulgate regulations for the 
assessment of natural resource damages under CERCLA and the Clean Water 
Act (33 U.S.C. 1251 et seq.) (CWA). 42 U.S.C. 9651(c)(1). CWA provides 
authority for Federal and State trustees to recover natural resource 
damages resulting from discharges of hazardous substances into 
navigable waters. 33 U.S.C. 1321(f)(4) and (5).
    The regulations must identify the ``best available'' procedures for 
assessing natural resource damages. 42 U.S.C 9651(c)(2). CERCLA 
requires that the natural resource damages assessment regulations 
include two types of assessment procedures. ``Type A'' procedures are 
``standard procedures for simplified assessments requiring minimal 
field observation.'' 42 U.S.C. 9651(c)(2)(A). ``Type B'' procedures are 
``alternative protocols for conducting assessments in individual 
cases.'' 42 U.S.C. 9651(c)(2)(B). If trustees and PRPs fail to reach 
settlement, Federal and State trustees who performed their assessments 
in accordance with the natural resource damage assessment regulations 
will receive a rebuttable presumption in litigation of their claims. 42 
U.S.C. 9607(f)(2)(C). The President delegated the responsibility for 
promulgating the natural resource damages assessment regulations to the 
Department of the Interior (the Department). E.O. 12316, as amended by 
E.O. 12580.

Hazardous Substance Regulations

    The Department has issued regulations that provide an 
administrative process for conducting natural resource damages 
assessments as well as technical type A and type B procedures for the 
actual quantification of injuries and damages resulting from hazardous 
substance releases and discharges. The Department recently published a 
final rule containing two type A procedures--one for minor releases and 
discharges in coastal and marine environments and the other for minor 
releases and discharges in the Great Lakes. 61 FR 20560 (May 7, 1996). 
In State of Ohio v. United States Department of the Interior, 880 F.2d 
432 (D.C. Cir. 1989) (Ohio v. Interior), the U.S. Court of Appeals for 
the D.C. Circuit vacated and remanded portions of the original 
administrative process and the type B procedures that were issued in 
1986. On March 25, 1994, the Department published a final rule in 
response to the Ohio v. Interior remand. 59 FR 14261. This final rule 
is currently being challenged in Kennecott Utah Copper Corp. v. United 
States Department of the Interior, No. 93-1700 and consolidated cases 
(D.C. Cir.).
    The March 25, 1994, rule addressed all but one issue in the Ohio v. 
Interior remand--the calculation of damages for interim lost nonuse 
values. The Department's regulations currently provide that trustees 
can recover from PRPs the cost of implementing a publicly reviewed plan 
for restoring, rehabilitating, replacing, and/or acquiring the 
equivalent of the natural resources injured by a hazardous substance 
release or discharge. The regulations also authorize trustees to 
recover the economic values lost by the public pending restoration or 
recovery of the injured resources. These values are known as 
``compensable values'' and may include ``use'' and ``nonuse'' values, 
if they can be reliably calculated. Trustees must eventually determine 
how to spend damages recovered for compensable values on restoration 
actions but only after the assessment has been completed and the funds 
have been recovered.
    On May 4, 1994, the Department published a notice of proposed 
rulemaking concerning the reliability of calculating nonuse values 
using the contingent valuation methodology. 59 FR 23097. The Department 
then published an advance notice of proposed rulemaking announcing the 
start of an overall review of the administrative process and the type B 
procedures. 59 FR 52749 (Oct. 19, 1994). The Department must review the

[[Page 37032]]

hazardous substance natural resource damages assessment regulations, 
and revise them as appropriate, every two years. 42 U.S.C. 9651(c)(3).
    The Department now intends to develop a proposed rule that will 
address both the biennial review and the remaining aspect of the Ohio 
v. Interior remand and that will supersede the May 4, 1994, proposed 
rule. This document solicits comment on inclusion in this upcoming 
proposed rule of the concepts of the recently promulgated oil natural 
resource damages assessment regulations.

New Oil Regulations

    On January 5, 1996, the National Oceanic and Atmospheric 
Administration (NOAA) published a final rule under the Oil Pollution 
Act of 1990 (33 U.S.C. 2701 et seq.) for assessing natural resource 
damages caused by oil spills. 61 FR 439. The oil regulations adopt a 
new approach to several aspects of natural resource damages assessment. 
One particularly significant and promising feature of the oil 
regulations is the adoption of a new method of measuring damages based 
on unified restoration planning. The oil regulations extend the 
hazardous substance regulations' emphasis on restoration to all 
elements of a natural resource damages claim, including compensation 
for interim loss of injured natural resources and resource services.
    Under the oil regulations, a natural resource damages claim is 
based on a unified restoration plan developed during the assessment 
that incorporates both ``primary'' restoration actions to return 
injured resources and services to the condition that would have existed 
if the discharge had not occurred and ``compensatory'' restoration 
actions to compensate the public for interim loss of resource services.
    The oil regulations fundamentally change the role of economic 
valuation in developing claims for interim loss of injured natural 
resources and resource services. Unlike the current hazardous substance 
regulations, the new oil regulations require trustees to determine 
compensation for interim losses based on the cost of appropriately 
scaled compensatory restoration actions, rather than economic values 
per se.
    The Department has indicated that during the biennial review it 
will work to ensure the maximum consistency appropriate between the 
hazardous substance regulations and the oil regulations. 59 FR 52752. 
The Department believes that the unified restoration planning approach 
in the oil regulations is one appropriate option for biennial reforms 
to the hazardous substance regulations designed to expedite 
restoration, reduce litigation, and encourage cooperative efforts among 
trustees and PRPs.
    The Department also believes that resolution of the Ohio v. 
Interior remand concerning the calculation of nonuse values should be 
considered within the same context as the overall biennial review of 
the hazardous substance regulations. As NOAA has stated in connection 
with its new method of measuring damages, ``[t]he possible use of 
contingent valuation (CV) and other stated-preference methods of 
valuation to determine what scale of compensatory restoration provides 
an equivalent value to the lost services avoids many problems 
identified by commenters regarding the use of CV to calculate a dollar 
value for the damages.'' 61 FR 442.

Issues for Comment

    To assist in the development of a proposed rule, the Department is 
soliciting comment on how the hazardous substance regulations should be 
revised to ensure maximum appropriate consistency with the oil 
regulations and comply with Ohio v. Interior. The Department is 
particularly interested in comments on revising the hazardous substance 
regulations to incorporate the new method for measuring damages in the 
oil regulations. The Department also solicits comment on revising the 
hazardous substance regulations to reflect the more streamlined 
approach to injury assessment contained in the oil regulations. Whereas 
the current hazardous substance regulations contain relatively detailed 
standards and procedures for all aspects of injury determination and 
quantification, the oil regulations provide a general framework of 
decision criteria within which trustees determine on a case-by-case 
basis how best to assess injury. The Department solicits comment on the 
suitability of the new approaches in the oil regulations for the 
hazardous substance regulations, in light of the differences between 
oil spills and hazardous waste sites.

    Dated: July 10, 1996.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 96-17960 Filed 7-15-96; 8:45 am]
BILLING CODE 4310-RG-P

Complete official Federal Register PDF

FR Doc. 96-17945 Fisheries of the Exclusive Economic Zone off Alaska; Allow Longline Pot Gear
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37041-37042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17945]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 960703187-6187-01; I.D. 062096B]
RIN 0648-AI96

Fisheries of the Exclusive Economic Zone off Alaska; Allow 
Longline Pot Gear

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues a proposed rule to allow the use of longline pot 
gear in the directed sablefish fishery in the Bering Sea. Sablefish 
hook-and-line fishermen in the Bering Sea have faced increasing 
depredation of hooked sablefish by killer whales. The use of longline 
pot gear would effectively prevent such depredation. This action is 
necessary to protect Bering Sea sablefish harvests and is intended to 
resolve a conflict between fishermen and a species protected under the 
Marine Mammal Protection Act of 1972 (MMPA).

DATES: Comments must be received by August 15, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, Room 453, 709 W. 9th Street, 
Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori 
J. Gravel.
    Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for this action 
may be obtained from the North Pacific Fishery Management Council, 605 
West 4th Ave., Suite 306, Anchorage, AK 99510-2252.

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) according to the Fishery Management Plan for the 
Groundfish Fishery in the Bering Sea and Aleutian Islands Area (FMP). 
The FMP was prepared by the North Pacific Fishery Management Council 
(Council) and approved by NMFS under the authority of the Magnuson 
Fishery Conservation and Management Act (Magnuson Act). This FMP, 
implemented by regulations at 50 CFR parts 600, and 679, provides for 
changes to gear restrictions by regulatory amendment without amendment 
to the FMP. The regulations pertaining to this action, at Sec. 679.24, 
specify gear types that may legally be employed to harvest sablefish in 
the Bering Sea. Killer whales (Orcinus orca) are protected under the 
MMPA, which prohibits harassment of marine mammals and authorizes the 
Secretary of Commerce to consult with and assist regional fishery 
management councils to reduce takings of marine mammals incidental to 
commercial fishing operations.
    In September 1995, commercial fishing industry representatives 
reported to the Council that the annual Bering Sea sablefish quota had 
been underharvested due in part to interactions with killer whales. 
While fishermen retrieve their hook-and-line gear when fishing for 
sablefish, killer whales frequently pick sablefish off the hooks. 
Sablefish consumed by killer whales in this manner represent 
undocumented fishing mortality. Even though the sablefish quota may be 
underharvested by fishermen, overall fishing mortality could actually 
be higher than the specified quota, resulting in overharvests. Although 
NMFS is not able to quantify the amount of killer whale-caused fishing 
mortality, such mortality is a conservation concern to the extent that 
the amount of overharvests introduces

[[Page 37042]]

uncertainty in management of the fishery.
    Attempts to deter the whales by various non-lethal means have 
proven unsuccessful. Research referenced in the EA/RIR/IRFA for this 
action concluded that the only viable method for reducing killer whale 
interactions with this fishery is to harvest with longline pot gear 
instead of hook-and-line gear, and thus deny killer whales the 
opportunity to take fish being hauled to the surface.
    Currently, regulations at Sec. 679.24(b)(1)(iii) prohibit longline 
pot gear in the Bering Sea to prevent the pre-emption of fishing 
grounds by one gear-type. Gear conflicts and the pre-emption of fishing 
grounds by a single gear-type arise from the use of diverse gear in the 
same area over the same period of time. The nature of longline pot gear 
and strategies used in fishing longline pots deter fishermen from 
deploying hook-and-line and trawl gear on fishing grounds where 
longline pot gear is set. This effectively pre-empts common fishing 
grounds. For this reason, the Council chose in 1991 to prohibit the use 
of longline pot gear in the Bering Sea groundfish fisheries. 
Regulations prohibiting longline pot gear were promulgated on August 
21, 1992 (57 FR 37906).
    In 1995, the Individual Fishing Quota (IFQ) Program for fixed gear 
Pacific halibut and sablefish fisheries extended sablefish seasons in 
Federal waters off Alaska to a period of 8 months. By allowing the 
fleet to spread its operations over time, the IFQ Program greatly 
reduced the possibility of congestion and pre-emption of common fishing 
grounds. The reintroduction of longline pot gear into the Bering Sea 
fisheries would pose less of a grounds pre-emption threat now compared 
to 1992 when longline pots were prohibited. Authorizing the use of 
longline pot gear, with limitations, in the Bering Sea directed 
sablefish fishery would allow fishermen to use this gear and reduce 
interactions with killer whales.
    In recommending this action, the Council expressed concern that, 
despite the decreased likelihood of grounds pre-emption, fishermen 
using traditional hook-and-line gear in relatively small boats may be 
pre-empted from grounds by fishermen in larger boats using longline pot 
gear. Therefore, this action would establish a Bering Sea closure to 
longline pot gear from June 1 through June 30. Lifting the prohibition 
on longline pot gear for sablefish fisheries would reduce interactions 
with killer whales, while the month-long closure would continue to 
provide a period for conducting other fisheries without the potential 
for gear conflicts with longline pot gear.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The rule would reduce a restriction by allowing 
fishermen to use longline pot gear to harvest sablefish. At the present 
time, fishermen may use only hook-and-line gear, a gear subject to 
depredation of harvests by killer whales. While a gear switch would 
have direct costs, a switch would be voluntary and presumably would 
only be made if the fisherman judge that the costs associated with 
changing gear would be offset by the greater landed weight of sablefish 
possible in the absence of killer whale depredation.
    The Director, Alaska Region, NMFS, has determined that fishing 
activities conducted under this rule would have no adverse impacts on 
marine mammals. The express purpose of this rule is to reduce the 
interactions with commercial fisheries in the Bering Sea and resident 
killer whale populations.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements

    Dated: July 9, 1996.
Nancy Foster, Ph.D.,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    2. In Sec. 679.24, paragraphs (b)(1)(iii) and (c)(4) are revised to 
read as follows:

Sec. 679.24  Gear limitations.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Longline pot gear. Any person using longline pot gear must 
treat any catch of groundfish as a prohibited species, except:
    (A) In the Aleutian Islands subarea.
    (B) While directed fishing for sablefish in the Bering Sea, except 
as provided in paragraph (c)(4)(ii) of this section.
* * * * *
    (c) * * *
    (4) BSAI. (i) Operators of vessels using gear types other than 
hook-and-line, pot, or trawl gear in the BSAI must treat sablefish as a 
prohibited species as provided by Sec. 679.21(b).
    (ii) Longline pot gear is prohibited in directed fishing for 
sablefish from 0001 hrs, A.l.t., on June 1 until 1200 hrs, A.l.t., on 
June 30.
* * * * *
[FR Doc. 96-17945 Filed 7-15-96; 8:45 am]
BILLING CODE 3510-22-F

Complete official Federal Register PDF

FR Doc. 96-17920 Agriculture Acquisition Regulation; Revision
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37032-37034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17920]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

48 CFR Parts 401 Through 453

RIN 0599-AA00

Agriculture Acquisition Regulation; Revision

AGENCY: Procurement and Property Management, Department of Agriculture.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice invites written comments on a proposed amendment 
to the Agriculture Acquisition Regulation (AGAR). We are revising the 
AGAR to reflect changes in acquisition law and regulations since the 
AGAR's last major revision in 1988, to update organizational references 
throughout the AGAR, and to streamline the AGAR as part of the 
President's Regulatory Reform Initiative.

DATES: Comments must be submitted on or before September 16, 1996.

ADDRESSES: Requests for a copy of the proposed rule should be sent to 
U.S. Department of Agriculture. Procurement and Property Management, 
Procurement Policy Division, STOP 9303, 1400 Independence Avenue SW., 
Washington, DC 20250-9303. The Procurement Policy Division has also 
posted a copy of the proposed rule on the Internet for review at 
WWW.USDA.GOV/DA/PROCURE/AGAR.HTM. Submit written comments to the 
Procurement Policy Division at the mailing address listed above, 
through the Internet at [email protected] (alternate: 
[email protected]), or via fax at (202) 720-8972.

FOR FURTHER INFORMATION CONTACT:
Joseph J. Daragan, U.S. Department of Agriculture, Procurement and 
Property Management, STOP 9303, 1400 Independence Avenue SW., 
Washington, DC 20250-9303, (202) 720-5729.

SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
    A. Executive Order 12866.
    B. Regulatory Flexibility Act.
    C. Paperwork Reduction Act.
III. Public Comments

I. Background

    The AGAR implements the Federal Acquisition Regulation (FAR), where 
further implementation is needed, and supplements the FAR when coverage 
is needed for subject matter not covered by the FAR. The AGAR is being 
revised as part of the National Performance Review (NPR) program to 
eliminate necessary

[[Page 37033]]

regulations and improve those that remain in force.
    As an initial step in the NPR regulatory review initiative, the 
Department of Agriculture (USDA) identified parts of the AGAR which 
required updating or streamlining. USDA's review indicated that almost 
all parts required revision. Accordingly, USDA has reviewed and made 
revisions to substantially all parts of the AGAR. In an Advance Notice 
of Proposed Rulemaking (61 FR 7456, February 28, 1996). USDA sought 
comments and suggestions from the public concerning what changes should 
be made to the AGAR. One comment was received from a USDA field office. 
The commenter suggested a change to AGAR part 416; this comment has 
been implemented.
    The principal effects of the proposed rule are as follows:
    (a) References to the Director, Office of Operations, in the AGAR 
are revised to refer to the Senior Procurement Executive (SPE) to 
reflect the reorganization of USDA's Departmental Administration.
    (b) To the extent permitted by the FAR, responsibilities have been 
delegated to the lowest appropriate organizational level.
    (c) Section 401.103-70 is redesignated section 401.370 and revised 
to allow promulgation of interim policies and procedures outside the 
AGAR, subject to the policies of FAR subpart 1.3.
    (d) Section 401.371 is added to establish AGAR Advisories to 
communicate guidance on acquisition issues to establish internal 
acquisition policies and procedures on an interim basis.
    (e) Subpart 403.1 is added to address standards of conduct and 
procurement integrity issues.
    (f) Subpart 405.3 is added to establish procedures for announcement 
of contract awards over $1 million.
    (g) Subpart 405.5 is revised to clarify procedures for publication 
of paid advertisements.
    (h) Subpart 406.2 is added to designate the SPE as the individual 
authorized to make the FAR 6.202 determination.
    (i) Section 407.305 and the accompanying clauses at 452.207-70 and 
452.207-71 are removed since existing FAR coverage is deemed adequate.
    (j) Subpart 407.5 is added to implement FAR subpart 7.5, Inherently 
Governmental Functions.
    (k) 408.7 is added to create an advocacy program for the 
acquisition of products and services from the non-profit agencies 
employing people who are blind or severely disabled.
    (l) Subpart 408.11 is added to establish a preference for recovered 
materials in the leasing vehicles.
    (m) Section 409.504 and the accompanying clause at 452.209-70 are 
removed as superfluous.
    (n) Part 410 is redesignated as part 411 and is revised to 
eliminate unnecessary text and to authorize the Head of the Contracting 
Activity (HCA) to make market acceptance determinations in accordance 
with FAR 11.103(a).
    (o) Subpart 412.1 is redesignated subpart 411.4 and is amended to 
remove prescriptions for clauses at 452.212-70 and 452.212-71. The 
corresponding clauses at 452.212-70 and 452.212-71 are also removed.
    (p) Part 412 is revised to provide coverage for the acquisition of 
commercial items. Subpart 412.3 is added to designate the HCA as the 
individual authorized to approve requests to tailor clauses and terms 
and conditions for commercial items in accordance with FAR 12.302(c).
    (q) Section 413.501 is added to permit issuance of purchase orders 
on other than a fixed price basis if authorized by contracting activity 
written procedures.
    (r) Section 413.505-3 is added to state that use of Standard Form 
44 is not authorized within USDA, and section 413.505-70 is removed 
since form AD-744, Purchase Order-Invoice-Voucher, is no longer used by 
USDA.
    (s) Section 414.407-3 is revised to delegate the authority to make 
mistake in bid determinations to HCA's.
    (t) Section 415.407 is amended to remove prescriptions for 
solicitation provisions at 452.215-73, 452.215-74, and 452.215-75, and 
the corresponding provisions are removed, to eliminate collection of 
unnecessary information from offerors and to provide flexibility to 
tailor requests for proposal submissions.
    (u) Section 415.612 is amended to remove the requirement that the 
HCA must be the formal source selection official for negotiated 
contracts over $500,000.
    (v) Section 415.902 is revised to authorize use of another Federal 
Agency's formalized structured approach for establishing profit or fee 
objectives.
    (w) Section 416.000 is added to allow the use of contract types 
described in FAR part 16 for simplified acquisitions.
    (x) Subpart 416.3, section 416.403, and section 416.404-1 are 
removed because FAR coverage is deemed adequate.
    (y) Section 416.404-2 is amended to remove material adequately 
covered by the FAR.
    (z) Section 417.204 is added to authorize HCA's to approve option 
contracts exceeding 5 years in accordance with FAR 17.204(e).
    (aa) Section 417.204 is amended to remove prescriptions for clauses 
at 452.217-74, 452.217-75, 452.217-76, 452.217-77, 452.217-78, and 
452.217-79, since they have been superseded by FAR clauses 52.217-6, 
52.217-7, and 52.217-9. The referenced AGAR clauses are likewise 
removed from part 452.
    (ab) Subpart 417.4 is removed since USDA does not use the leader 
company contracting method.
    (ac) Subpart 417.6 is removed since USDA does not have the 
requisite statutory authority to enter into management and operating 
contracts.
    (ad) Section 422.302 is added to provide procedures for review of 
liquidated damages assessed under section 104(c) of the Contract Work 
Hours and Safety Standards Act.
    (ae) Subpart 422.70 is added to provide guidance for compliance 
with E.O. 12989, Economy and Efficiency in Government Procurement 
Through Compliance with Certain Immigration and Naturalization Act 
Provisions, February 13, 1996.
    (af) Part 423 is revised to update the part and to address changes 
in environmental and safety law and in the FAR.
    (ag) Subpart 423.4 is added to incorporate USDA's Acquisition, 
Recycling, and Waste Prevention Program, initiated to comply with 42 
U.S.C. 6901, et seq., and with E.O. 12873, Federal Acquisition, 
Recycling, and Waste Prevention, October 20, 1993.
    (ah) Subpart 430.2 is revised to update procedures for waivers of 
the Cost Accounting Standards and of Disclosure Statements.
    (ai) Section 432.006 is added to provide procedures for reduction 
or suspension of contract payments upon finding of fraud.
    (aj) Subparts 432.1 and 432.2 are added to supplement FAR coverage 
on financing for commercial and non-commercial items.
    (ak) Subpart 432.6 is added to implement the FAR coverage on 
contract debts.
    (al) Subpart 432.7 is added to address USDA specific funding 
issues.
    (am) Part 433 is modified to provide an alternate forum for agency 
protests.
    (an) Part 434 is amended to remove superfluous material and to 
identify the official(s) authorized to make the decisions under FAR 
34.005-6.
    (ao) Section 436.602-1 is amended to remove obsolete selection 
criteria.
    (ap) Section 437.110 is amended to remove the prescription for the 
clause at

[[Page 37034]]

452.237-72, and the corresponding clause, since FAR 52.237-1 may be 
used instead of this clause.
    (aq) Section 442.704 and the clause at 452.242-70 are removed, 
since the FAR provides identical coverage.
    (ar) Section 442.1502 is added to delegate to HCA's responsibility 
for establishing past performance evaluation procedures and systems as 
required by FAR 42.1502 and 42.1503.
    (at) Section 449.501 is added to delegate authority to HCA's to 
approve the use of special purpose termination clauses pursuant to FAR 
49.501.

II. Procedural Requirements

A. Executive Order 12866

    A work plan was prepared for this regulation and submitted to the 
Office of Management and Budget pursuant to Executive Order 12866. The 
proposed rule has been determined to be not significant for the 
purposes of Executive Order 12866. Therefore, the proposed rule has not 
been reviewed by the Office of Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The proposed rule was reviewed under the Regulatory Flexibility 
Act, 5 U.S.C. 601-611, which requires preparation of a regulatory 
flexibility analysis for any rule which is likely to have significant 
economic impact on a substantial number of small entities. The AGAR is 
issued to implement or supplement the FAR, and does not materially add 
to the impact of the FAR regulations it implements or supplements. USDA 
certifies that this proposed rule will not have a significant economic 
effect on a substantial number of small entities, and, therefore, no 
regulatory flexibility analysis has been prepared. However, comments 
from small entities concerning parts affected by the proposed rule will 
be considered. Such comments must be submitted separately and cite 5 
U.S.C. 609 (AGAR Revision) in correspondence.

C. Paperwork Reduction Act

    Information collection and recordkeeping required by the AGAR have 
been approved by the OMB. OMB control numbers 0505-0010, 0505-0011, 
0505-0013, 0505-0014, 0505-0015, and 0505-0016 apply to the AGAR. No 
additional information collection or recordkeeping requirements are 
imposed on the public by this proposed rulemaking. Accordingly no OMB 
clearance is required by section 350(h) of the Paperwork Reduction Act, 
44 U.S.C. 3501, et. seq., or OMB's implementing regulation at 5 CFR 
Part 1320.

III. Public Comments

    Interested persons are invited to participate in this rulemaking by 
submitting views and comments with respect to the proposed AGAR 
revision set out in this notice. All written comments will be carefully 
assessed and fully considered prior to publication of the final rule.

List of Subjects in 48 CFR Parts 401 Through 453

    Government contracts, Government procurement.

    For the reasons set out in this preamble, the Department proposes 
to amend Chapter 4 of Title 48 of the Code of Federal Regulations. 
Copies of the proposed rule may be obtained from the addresses set 
forth above.
W.R. Ashworth,
Director, Procurement and Property Management.
[FR Doc. 96-17920 Filed 7-15-96; 8:45 am]
BILLING CODE 3410-XE-M

Complete official Federal Register PDF

FR Doc. 96-17918 Corn Cyst Nematode
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37018-37019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17918]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 61, No. 137 / Tuesday, July 16, 1996 / 
Proposed Rules

[[Page 37018]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-001-1]

Corn Cyst Nematode

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to remove the regulations that quarantine 
certain areas of the United States because of the corn cyst nematode 
and that restrict the interstate movement of certain articles, such as 
soil, from the quarantined areas. We are proposing this action because 
this pest is present in only five counties in two States and appears to 
be adequately contained by the two States affected. This action would 
relieve restrictions on the interstate movement of regulated articles.

DATES: Consideration will be given only to comments received on or 
before August 15, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-001-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-001-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Ms. Coanne O'Hern, Assistant 
Operations Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 
River Road Unit 134, Riverdale, MD 20737-1228, (301) 734-8247, or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Corn cyst nematode (Heterodera zeae) is a cyst-forming nematode 
that attacks the roots of host plants such as corn, barley, oats, and 
sorghum. The nematode bores into the roots of the plants and feeds on 
the plant juices, resulting in poor root development and poor plant 
growth and potentially causing severe crop losses. The corn cyst 
nematode is spread through the movement of infested soil and equipment 
carrying infested soil.
    The corn cyst nematode was first detected in the United States in 
Kent County, MD, in 1981. Subsequent surveys found infestations in 
Harford, Cecil, and Queen Anne's Counties, MD. Between 1981 and 1983, 
all 3 counties in Delaware, 13 in Maryland, 11 in New Jersey, 11 in 
Pennsylvania, and 2 in Virginia were surveyed for corn cyst nematode. 
The results of these surveys were negative. Since 1983, Maryland has 
completed surveys in all of its counties, and no additional counties 
have been found infested. In 1992, corn cyst nematode was confirmed on 
one property in Cumberland County, VA. Delimiting surveys have been 
conducted on adjacent properties and all properties leased or farmed by 
the owner of the infested property. Surveys were also conducted in corn 
fields located along the Appomattox River in Appomattox and Prince 
George's Counties, VA. These additional surveys were negative for corn 
cyst nematode.
    The regulations in 7 CFR 301.90 through 301.90-10 designate areas 
that are quarantined because of the presence of corn cyst nematode. 
These regulations also restrict the interstate movement of soil and 
other articles from the quarantined areas to prevent the spread of corn 
cyst nematode.
    Studies conducted by the Maryland State Agricultural Experiment 
Station (MAES) indicate that corn cyst nematode may not be an economic 
pest anywhere in the United States with the possible exception of south 
Florida and south Texas. This research has shown that corn cyst 
nematode develops best in soil temperatures of 33 to 36  deg.C. At soil 
temperatures below 30  deg.C, corn cyst nematode does not reproduce 
quickly enough to cause economic damage. Research conducted by MAES 
also indicates that corn cyst nematode is easily controlled by crop 
rotation. One year of a nonhost crop reduces corn cyst nematode 
populations drastically, and recovery may take several years.
    The State of Maryland has established a State quarantine that 
restricts the movement of possible infested articles from the infested 
areas in Cecil, Harford, Kent, and Queen Anne's Counties. The owner of 
the infested property in Cumberland County, VA, has entered into a 
compliance agreement with the State of Virginia that restricts the 
movement from the property of farm machinery and other articles that 
may carry infested soil.
    Under these circumstances, we believe that the regulations in 
Sec. 301.90 through Sec. 301.90-10 are no longer necessary to prevent 
the interstate spread of corn cyst nematode. We therefore propose to 
remove these regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    This proposed rule change is not expected to have an effect on any 
entities in the regulated areas. This is because the States of Maryland 
and Virginia have restrictions in place to prevent the movement of 
potentially infested articles from the infested areas in Cecil, 
Harford, Kent and Queen Anne's Counties, MD, and Cumberland County, VA.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) State and 
local laws and regulations will not be preempted; (2) no retroactive 
effect will be given to this

[[Page 37019]]

rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

    Accordingly, 7 CFR part 301 is proposed to be amended as follows:

PART 301--[AMENDED]

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Subpart--Corn Cyst Nematode [Removed]

    2. Subpart--Corn Cyst Nematode, consisting of Secs. 301.90 and 
301.90-1 through 301.90-10, would be removed.

    Done in Washington, DC, this 9th day of July 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-17918 Filed 7-15-96; 8:45 am]
BILLING CODE 3410-34-P

Complete official Federal Register PDF

FR Doc. 96-17916 Direct Grant Programs
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37184-37194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17916]

[[Page 37183]]

_______________________________________________________________________

Part V

Department of Education

_______________________________________________________________________

34 CFR Part 75, et al.

Direct Grant Programs; Proposed Rule

Federal Register / Vol. 61, No. 137 / Tuesday, July 16, 1996 / 
Proposed Rules

[[Page 37184]]

DEPARTMENT OF EDUCATION

34 CFR Parts 75, 206, 231, 235, 369, 371, 373, 375, 376, 378, 380, 
381, 385, 386, 387, 388, 389, 390, 396, 610, 612, 630, 637, 658, 
660, 661, 669

RIN 1880-AA74

Direct Grant Programs

AGENCY: Department of Education.

-----------------------------------------------------------------------

ACTION: Notice of proposed rulemaking.

SUMMARY: The Secretary proposes to amend the Education Department 
General Administrative Regulations (EDGAR) that govern discretionary 
grant programs. These proposed amendments would reduce the need for 
specific regulations governing individual programs while ensuring that 
proposed projects meet the highest standards of professional 
excellence. These proposed amendments would establish new general 
selection criteria; allow programs with one or more selection criteria 
in program regulations to use the criteria in combination with general 
EDGAR criteria and criteria based on statutory provisions; allow 
programs to assign weights to criteria; provide for using the new 
general selection criteria in considering unsolicited applications; and 
remove a number of regulations made unnecessary by the amendments.

DATES: Comments must be received on or before August 30, 1996.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to Margo Anderson, U.S. Department of Education, 555 New 
Jersey Avenue, NW., Washington, DC 20208-5530. Comments also may be 
sent through the Internet to ``EDGAR[email protected]''.
    Comments that concern information collection requirements must be 
sent to the Office of Management and Budget at the address listed in 
the Paperwork Reduction Act section of this preamble. A copy of those 
comments may also be sent to the Department representative named in the 
preceding paragraph.

FOR FURTHER INFORMATION CONTACT: Margo Anderson, U.S. Department of 
Education, 555 New Jersey Avenue, NW., Washington, DC 20208-5530. 
Telephone: (202) 219-2005. Individuals who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern 
time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Background

    In January of 1995 the Department developed its ``Principles for 
Regulating'' (Principles) premised on the tenet that the Department 
will regulate only when absolutely necessary. The Principles were 
developed to ensure that the Department regulates in the most flexible, 
most equitable, and least burdensome way possible. The President, on 
March 4, 1995, announced a Regulatory Reinvention Initiative 
(Initiative) to reform the Federal regulatory system. The Initiative 
required all Federal agencies to review their regulations page-by-page. 
Regulators were asked to eliminate obsolete regulations, revise 
regulations to reward results instead of rewarding process, and 
streamline regulations to achieve agency goals in the most efficient 
and least intrusive way possible. Since March of 1995, the Department 
has been reviewing thoroughly all of its regulations consistent with 
the Initiative and the Principles.
    Through this process, the Department determined that a number of 
program regulations resulted from a program's need for tailored 
selection criteria for evaluating grant applications. Most Department 
programs require applicants applying for a grant to address numerous 
selection criteria that are detailed and specific to the particular 
program. In response to the Principles, some programs, in an effort to 
eliminate regulations or because the program office determined that 
general selection criteria were sufficient, used the general EDGAR 
selection criteria in Sec. 75.210. A number of programs, however, 
continue to maintain selection criteria designed to evaluate particular 
elements of a project to ensure that grants will be given only to high 
quality applicants that meet specific program objectives.
    The selection criteria in Sec. 75.210 are necessarily very general 
and thus, for many programs, inadequate for reviewers to evaluate the 
quality of an application. The Secretary proposes these amendments to 
establish a menu of improved selection criteria that can be selected as 
appropriate to fit the needs of individual programs and eliminate the 
need for many program-specific selection criteria. With a more uniform 
approach to selection criteria, applicants will be better able to 
anticipate the type of information that they may be required to provide 
in applying for grants. Moreover, application reviewers should have a 
better understanding of the standards on which the Department evaluates 
many of its programs. These amendments will create more consistency and 
predictability for grant applicants.
    The Secretary has already taken several steps toward increased 
flexibility and consistency in establishing selection criteria. On 
September 14, 1995 the Department published in the Federal Register (60 
FR 47808) final regulations that contained the Standards for the 
Conduct and Evaluation of Activities Carried Out by the Office of 
Educational Research and Improvement (OERI Standards). The OERI 
Standards established evaluation criteria to be used in evaluating 
grant applications and contract proposals for a variety of educational 
research, development, and dissemination activities.
    The Secretary bases this proposed menu of selection criteria for 
Sec. 75.210 on the OERI Standards' evaluation criteria, the current 
EDGAR regulations, and other changes needed to cover the broad spectrum 
of Department programs that will be affected.
    In addition to the OERI Standards, the Department published final 
regulations in the Federal Register on December 12, 1995 (60 FR 63873) 
that created a new Sec. 75.209 of EDGAR that authorizes the Secretary 
to establish selection criteria based on statutory provisions that 
apply to the program, without notice and comment on the specific 
criteria established.
    These proposed amendments to Sec. 75.210 and Sec. 75.209 would 
authorize the Secretary to evaluate applications by applying the 
general selection criteria (Sec. 75.210), selection criteria based on 
the statutory provisions that apply to the program (Sec. 75.209), or 
any combination of general selection criteria, criteria based on the 
statute, or criteria in program-specific regulations. The amendments 
would also allow the Secretary the flexibility to weigh the criteria 
according to the needs of each individual program.

Proposed Selection Criteria (Sec. 75.210)

    These proposed amendments would establish a menu of selection 
criteria. For each competition, the Secretary would select from the 
menu one or more criteria that best enable the Department to identify 
the highest quality applications consistent with the program purpose, 
statutory requirements, and any priorities established. Within each 
criterion, the Secretary could further define the criterion by 
selecting one or more specific factors.
    Two criteria, however, contain factors that would always be 
considered if the criterion is selected. Under the ``quality of project 
services'' criterion, the Secretary would always evaluate the quality 
and sufficiency of strategies for

[[Page 37185]]

ensuring equal access and treatment for eligible project participants 
who are members of groups that have been traditionally 
underrepresented. Under the ``quality of project personnel'' criterion, 
the Secretary would always evaluate the extent to which an applicant 
encourages applications for employment from persons who are members of 
groups that have been traditionally underrepresented. The Department's 
consideration of these factors, which first appeared in EDGAR in 1980, 
continues to reflect the Department's mission to ensure equal access to 
educational opportunities as embodied in the Department of Education 
Organization Act and recently reaffirmed by Congress in section 427 of 
the General Education Provisions Act.
    Under this menu approach, in addition to selecting criteria, the 
Secretary would establish the number of points or the weight to be 
given to each criterion or factor. The applicable selection criteria 
and the assigned points or weights would be announced in the 
application package or in a notice published in the Federal Register. 
The Secretary would not solicit further public comment on the choice or 
weighting of the criteria. The public would have some opportunity to 
comment on criteria through the Paperwork Reduction Act of 1995, which 
requires an opportunity for public comment on application packages.
    The Secretary would select criteria and factors appropriate to the 
nature and purposes of the grant program. For example, in the case of a 
national research center competition, the Secretary could select the 
criterion ``Significance'' (Sec. 75.210(b)(2)) and then further select 
factor (C), ``the potential contribution of the proposed project to 
increased knowledge or understanding of educational problems, issues, 
or effective strategies,'' and factor (D), ``the potential contribution 
of the proposed project to the development and advancement of theory 
and knowledge in the field of study.'' In the case of a competition for 
demonstration activities, the Secretary could choose other factors 
under the ``Significance'' criterion; for example: (E), ``the potential 
for generalizing from the findings or results of the proposed 
project,'' and (F) ``the extent to which the proposed project involves 
the development or demonstration of promising new strategies that build 
on, or are alternatives to, existing strategies.'' In the case of a 
competition for training activities, the Secretary could select the 
criterion ``Need for project'' (Sec. 75.210(b)(1)) and could choose 
factor (A), ``the magnitude or severity of the problem to be addressed 
by the proposed project,'' and factor (D), ``the extent to which 
specific gaps or weaknesses in services, infrastructure, or 
opportunities have been identified and will be addressed by the 
proposed project, including the nature and magnitude of those gaps or 
weaknesses.''
    The Secretary could determine that, for some competitions, it is 
not necessary to further define a criterion by selecting specific 
factors. If no factors are chosen, the application reviewer would apply 
the criterion in the context of a particular competition. The reviewer 
would not have to consider any of the factors.

Advantages and Discussion of Proposed Amendments

    The proposed amendments provide an opportunity to improve 
significantly the grant application review process. This menu of 
selection criteria would provide the Department the flexibility to 
choose, from among the criteria and factors established in the 
regulations, a set of criteria tailored to a given competition. In 
selecting from the menu a set of criteria and factors for a particular 
competition, the Secretary would not solicit formal public comment but 
expects to draw on input from grantees and program beneficiaries; 
feedback from peer reviewers and program evaluators; discussions among 
Department employees, grantees, and program beneficiaries; and 
meetings, conferences, visits to grantees, and other forms of outreach 
and exchange with the relevant communities.
    Also, the menu approach would obviate the need to create specific 
selection criteria through individual program regulations. Because no 
time will be spent developing program-specific regulations, the 
Secretary will be able to make grants earlier or give applicants more 
time to prepare their applications, or both. The Secretary expects 
these amendments to allow the Department to conduct grant competitions 
at a time that would best address grantees' planning and implementation 
cycles, such as announcing during the spring for programs involving 
school districts. The Secretary believes applicants would find that 
criteria selected from the menu for specific competitions would provide 
them with adequate guidance about review standards, and also with 
flexibility to design and propose the projects that they believe best 
serve their needs.
    The Secretary is particularly interested in comments from potential 
grant applicants and intended program beneficiaries on this proposed 
approach. The value of this approach lies in expediting the grantmaking 
process by reducing separate program regulations and in minimizing 
potentially confusing variety in selection criteria on the same 
subject. Do applicants or program beneficiaries support this approach? 
For example, do applicants and program beneficiaries agree that the 
anticipated advantages, such as increased consistency in phrasing of 
selection criteria across programs and earlier grant awards, are 
valuable? Are there any revisions that would improve this proposed 
rule? For example, would it be preferable to limit the number or 
percentage of points that could be assigned to any particular criterion 
or factor? Are there any costs associated with shifting from using 
selection criteria tailored to individual programs to using a flexible 
menu of general selection criteria? If yes, what are those costs and 
does the benefit of the added flexibility of the proposed approach 
justify the costs? Would these proposed amendments have other effects?

Other CFR Parts and Sections Affected by These Amendments

    These proposed amendments would also revise Sec. 75.201 to inform 
applicants that programs may assign weights to criteria in evaluating 
applications and would create a new Sec. 75.211 regarding selection 
criteria for unsolicited applications. Also, these amendments would 
revise Secs. 75.200 and 75.209 to allow programs with one or more 
selection criteria in program regulations to use the criteria in 
combination with general EDGAR criteria and criteria based on statutory 
provisions.
    Only those programs that currently have no program regulations, 
have no selection criteria in their program regulations, are new, or 
are listed in either chart below would be able to use the menu approach 
when the amendments became effective. Before any other programs could 
use this approach, the Department would need to amend the program 
regulations through notice and comment rulemaking procedures. When 
these amendments to part 75 are published as final regulations, the 
Department intends in that same document to repeal certain regulations 
of programs that will use these selection criteria. The Department 
would repeal all of the regulations governing the following programs:

[[Page 37186]]

------------------------------------------------------------------------
                      Name of program                        34 CFR part
------------------------------------------------------------------------
Drug-free Schools and Communities--General Provisions......          231
Drug-free Schools and Communities--Federal Activities                   
 Grants Program............................................          235
Special Projects and Demonstrations for Providing                       
 Vocational Rehabilitation Services to Individuals with                 
 Disabilities..............................................          373
Vocational Rehabilitation Service Projects Program for                  
 Migratory Agricultural Workers and Seasonal Farmworkers                
 with Disabilities.........................................          375
Projects for Initiating Recreational Programs for                       
 Individuals with Disabilities.............................          378
School, College, and University Partnerships...............          610
Drug Prevention Programs in Higher Education...............          612
Fund for the Improvement of Postsecondary Education........          630
------------------------------------------------------------------------

    The Department would remove selection criteria from the following 
program regulations and make technical amendments to the following 
other sections of the regulations to reflect the use of the general 
EDGAR selection criteria (program regulations affecting matters other 
than selection criteria would remain in effect):

----------------------------------------------------------------------------------------------------------------
                    Name of program                                          34 CFR sections                    
----------------------------------------------------------------------------------------------------------------
Special Educational Programs for Students Whose          206.30 and 206.31.                                     
 Families Are Engaged in Migrant and Other Seasonal                                                             
 Farmwork--High School Equivalency Program and College                                                          
 Assistance Migrant Program.                                                                                    
Vocational Rehabilitation Service Projects.............  369.1, 369.2, 369.21, 369.30,                          
                                                         369.31, 369.32, and 369.42.                            
Vocational Rehabilitation Service Projects for American  371.30.                                                
 Indians with Disabilities.                                                                                     
Special Projects and Demonstrations for Providing        376.31.                                                
 Transitional Rehabilitation Services to Youth with                                                             
 Disabilities.                                                                                                  
Special Projects and Demonstrations for Providing        380.10, 380.11, 380.12,                                
 Supported Employment Services to Individual With the    380.13, and 380.14.                                    
 Most Severe Disabilities and Technical Assistance                                                              
 Projects.                                                                                                      
Protection and Advocacy of Individual Rights...........  381.20 and 381.21.                                     
Rehabilitation Training................................  385.31, 385.32, and 385.33.                            
Rehabilitation Training: Rehabilitation Long-Term        386.20.                                                
 Training.                                                                                                      
Experimental and Innovative Training...................  387.30                                                 
State Vocational Rehabilitation Unit In-Service          388.20.                                                
 Training.                                                                                                      
Rehabilitation Continuing Education Programs...........  389.30.                                                
Rehabilitation Short-Term Training.....................  390.30                                                 
Training of Interpreters for Individuals Who Are Deaf    396.30, 396.31, and 396.32.                            
 and Individuals Who Are Deaf-Blind.                                                                            
Minority Science Improvement Program...................  637.31 and 637.32.                                     
Undergraduate International Studies and Foreign          658.30, 658.31, 658.32,                                
 Language Program.                                       658.33, and 658.34.                                    
The International Research and Studies Program.........  660.30, 660.31, 660.32,                                
                                                         and 660.33.                                            
Business and International Education Program...........  661.30 and 661.31.                                     
Language Resource Centers Program......................  669.20, 669.21, and 669.22.                            
----------------------------------------------------------------------------------------------------------------

Executive Order 12866

1. Assessment of Costs and Benefits

    These proposed regulations have been reviewed in accordance with 
Executive Order 12866. Under the terms of the order the Secretary has 
assessed the potential costs and benefits of the regulatory action.
    The benefits of these proposed regulations would include improving 
the Department's ability to make grants more quickly, eliminating 
unnecessary regulations, and creating a single overall approach for 
evaluating applications for a number of programs. These proposed 
regulations would result in better access to Department regulations 
that apply to many programs and would better inform applicants and 
application reviewers of project qualities that the Department values 
across programs.
    The potential costs associated with the proposed regulations are 
those determined by the Secretary as necessary for administering this 
program effectively and efficiently. Burdens specifically associated 
with information collection requirements, if any, are identified and 
explained elsewhere in this preamble under the heading Paperwork 
Reduction Act of 1995.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--the Secretary has determined that the benefits of the 
regulations justify the costs.
    The Secretary has also determined that this regulatory action does 
not unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    To assist the Department in complying with the specific 
requirements of Executive Order 12866, the Secretary invites comment on 
whether there may be further opportunities to reduce any potential 
costs or increase potential benefits resulting from these proposed 
regulations without impeding the effective and efficient administration 
of the program.
    The potential costs and benefits of these proposed regulations are 
discussed elsewhere in this preamble under the following topic heading: 
Proposed Selection Criteria.

2. Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following: (1) Are the requirements in the proposed regulations 
clearly stated? (2) Do the regulations contain technical terms or other 
wording that interferes with their clarity? (3) Does the format of the 
regulations (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? Would the regulations 
be easier to understand if they were divided into more (but shorter) 
sections? (A ``section'' is preceded by the symbol ``Sec. '' and a 
numbered heading; for example,

[[Page 37187]]

Sec. 75.210 General selection criteria.) (4) Is the description of the 
regulations in the ``Supplementary Information'' section of this 
preamble helpful in understanding the regulations? How could this 
description be more helpful in making the regulations easier to 
understand? (5) What else could the Department do to make the 
regulations easier to understand?
    A copy of any comments that concern how the Department could make 
these proposed regulations easier to understand should be sent to 
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of 
Education, 600 Independence Ave., SW., Room 5121, FB10, Washington, DC 
20202-2110.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities.
    These regulations could affect States, State agencies, and 
individuals. States, State agencies, and individuals, however, are not 
defined as ``small entities'' in the Regulatory Flexibility Act.
    The small entities that could be affected by these regulations are 
institutions of higher education, local educational agencies, private 
schools, community-based organizations, and nonprofit organizations 
receiving Federal funds under a direct grant program. The proposed 
regulations, however, would not have a significant economic impact on 
these entities, if affected, because the regulations would not impose 
excessive regulatory burdens or require unnecessary Federal 
supervision. The proposed regulations would impose minimal requirements 
for the Secretary to select grantees.

Paperwork Reduction Act of 1995

    Section 75.210 contains information collection requirements. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the Department of Education has submitted a copy of this section to the 
Office of Management and Budget (OMB) for its review.
    Collection of Information: Direct Grant Programs--General Selection 
Criteria.
    These regulations would affect the following types of entities 
eligible to apply for grants and cooperative agreements: State, local, 
or tribal governments or agencies, businesses or other for-profit 
organizations, nonprofit institutions, individuals, and any 
combinations of these types of entities. The Department needs and uses 
the information to evaluate applications for funding.
    The total annual public reporting and recordkeeping burden for this 
collection of information is one hour for one respondent. For programs 
that may use the EDGAR selection criteria, the annual public reporting 
and recordkeeping burden is estimated to range from 15 hours for each 
of approximately 750 applications for a field-initiated research study 
to 150 hours for ten or fewer applications for a research center. The 
total annual reporting and recordkeeping burden for each program using 
the EDGAR selection criteria will be determined by the number of 
applicants that respond to an application notice and the type of 
project to be supported in the particular competition. The actual 
burden and total annual reporting and recordkeeping burden for each 
program will be assigned as an application package is cleared by OMB 
under the procedures in the Paperwork Reduction Act of 1995. For 
example, if a program using the EDGAR selection criteria had a public 
reporting and recordkeeping burden of 90 hours for each respondent and 
received 300 applications, the total annual reporting and recordkeeping 
burden for that program would be 27,000 hours. For some programs using 
the menu approach, the reporting and recordkeeping burden will be less 
than under the prior process.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, Room 10235, New Executive 
Office Building, Washington, DC 20503; Attention: Wendy Taylor, Desk 
Officer for the U.S. Department of Education.
    The Department considers comments by the public on this proposed 
collection of information in--
     Evaluating whether the proposed collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department on the 
proposed regulations.

Intergovernmental Review

    Some of the programs that would be affected by these regulations 
are subject to the requirements of Executive Order 12372 and the 
regulations in 34 CFR part 79. The objective of the Executive order is 
to foster an intergovernmental partnership and a strengthened 
federalism by relying on processes developed by State and local 
governments for coordination and review of proposed Federal financial 
assistance.
    In accordance with the order, this document is intended to provide 
early notification of the Department's specific plans and actions for 
these programs.

Invitation to Comment

    Interested persons are invited to submit comments and 
recommendations regarding these proposed regulations.
    All comments submitted in response to these proposed regulations 
will be available for public inspection, during and after the comment 
period, in Room 600, 555 New Jersey Avenue, NW., Washington, DC, 
between the hours of 8:30 a.m. and 4 p.m., Monday through Friday of 
each week except Federal holidays.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether the 
proposed regulations in this document would require transmission of 
information that is being gathered by or is available from any other 
agency or authority of the United States.

List of Subjects

34 CFR Part 75

    Administrative practice and procedure, Continuation funding, 
Education, Grant programs--education, Grants administration, 
Incorporation by reference, Performance reports, Reporting and 
recordkeeping requirements, Unobligated funds.

34 CFR Part 206

    Administrative practice and procedure, Colleges and universities,

[[Page 37188]]

Educational study programs, Grants program--education, Migrant labor, 
Students, Vocational education.

34 CFR Part 231

    Drug abuse, Elementary and secondary education, Grants program--
education.

34 CFR Part 235

    Drug abuse, Elementary and secondary education, Grants program--
education.

34 CFR Part 369

    American Indians, Disabled, Grants program--education, Vocational 
rehabilitation.

34 CFR Part 371

    American Indians, Disabled, Employment, Grants program--education, 
Vocational rehabilitation.

34 CFR Part 373

    Blind, Deaf, Disabled, Grants program--education, Vocational 
rehabilitation.

34 CFR Part 375

    Disabled, Grants program--education, Migrant labor, Vocational 
rehabilitation.

34 CFR Part 376

    Disabled, Grants program--education, Vocational rehabilitation, 
Youth.

34 CFR Part 378

    Arts and crafts, Disabled, Grants program--education, Hobbies, 
Recreation and recreation areas, Vocational rehabilitation.

34 CFR Part 380

    Disabled, Grants program--education, Vocational rehabilitation.

34 CFR Part 381

    Advocacy, Disabled, Grants program--education.

34 CFR Part 385

    Disabled, Grants program--education, Occupational training, 
Training programs, Vocational rehabilitation.

34 CFR Part 386

    Disabled, Grants program--education, Occupational training, 
Training programs, Vocational education, Vocational rehabilitation.

34 CFR Part 387

    Disabled, Grants program--education, Occupational training, 
Training programs, Vocational education, Vocational rehabilitation.

34 CFR Part 388

    Disabled, Grants program--education, Occupational training, 
Training programs, Vocational education, Vocational rehabilitation.

34 CFR Part 390

    Disabled, Grants program--education, Occupational training, 
Training programs, Vocational education, Vocational rehabilitation.

34 CFR Part 396

    Blind, Deaf, Disabled, Grants program--education, Occupational 
training, Training programs, Vocational education.

34 CFR Part 610

    Colleges and universities, Elementary and secondary education, 
Education of disadvantaged, Education of students with disabilities, 
Grant programs--education.

34 CFR Part 612

    Colleges and universities, Drug abuse, Grant programs--education.

34 CFR Part 630

    Colleges and universities, Grant programs--education.

34 CFR Part 637

    Colleges and universities, Grant programs--education, Minority 
groups, Science and technology, Women.

34 CFR Part 658

    Colleges and universities, Educational study program, Foreign 
relations, Grant programs--education, Teachers.

34 CFR Part 660

    Colleges and universities, Educational research, Foreign relations, 
Grant programs--education.

34 CFR Part 661

    Business and industry, Colleges and universities, Exports, Foreign 
relations, Foreign trade, Grant programs--education.

34 CFR Part 669

    Colleges and universities, Educational research, Foreign relations, 
Grant programs--education, Teachers.

(Catalog of Federal Domestic Assistance Number does not apply)

    Dated: June 13, 1996.
Richard W. Riley,
Secretary of Education.

    The Secretary proposes to amend parts 75, 206, 231, 235, 369, 371, 
373, 375, 376, 378, 380, 381, 385, 386, 387, 388, 389, 390, 396, 610, 
612, 630, 637, 658, 660, 661, and 669 of title 34 of the Code of 
Federal Regulations as follows:

PART 75--DIRECT GRANT PROGRAMS

    1. The authority citation for Part 75 continues to read as follows:

    Authority: 20 U.S.C. 1221-3 and 3474, unless otherwise noted.

    2. Section 75.200(b)(3)(iii) is revised to read as follows:

Sec. 75.200  How applications for new grants and cooperative agreements 
are selected for funding; standards for use of cooperative agreements.

* * * * *
    (b) * * *
    (3) Unless the regulations for a program state otherwise, the 
Secretary uses one of the following to evaluate applications for new 
grants under the program:
* * * * *
    (iii) Any combination of selection criteria established under 
Sec. 75.209, selection criteria in Sec. 75.210, and selection criteria 
in the program's regulations.
* * * * *
    3. Section 75.201 is revised to read as follows:

Sec. 75.201  How the selection criteria will be used.

    (a) If points or weights are assigned to the selection criteria, 
the Secretary informs applicants in the application package or a notice 
published in the Federal Register of--
    (1) The total possible score for all of the criteria for a program; 
and
    (2) The assigned weight or the maximum possible score for each 
criterion or factor under that criterion.
    (b) If no points or weights are assigned to the selection criteria 
and selected factors, the Secretary evaluates each criterion equally 
and, within each criterion, each factor equally.

(Authority: 20 U.S.C. 1221e-3 and 3474)

Sec. 75.209  [Amended]

    4. Section 75.209(a) is amended by removing ``If a discretionary 
grant program does not have implementing regulations or has 
implementing regulations that do not include selection criteria,'' and 
capitalizing the word ``the''.
    5. Section 75.210 is revised to read as follows:

Sec. 75.210  General selection criteria.

    (a) In addition to the selection criteria established in paragraph 
(b) of this section, the Secretary may use criteria established under 
Sec. 75.209 or selection criteria in program specific regulations.
    (b) In determining the selection criteria to be used in each grant

[[Page 37189]]

competition, the Secretary may select one or more of the following 
criteria and may select from among the specific factors listed under 
each criterion:
    (1) Need for project. (i) The Secretary considers the need for the 
proposed project.
    (ii) In determining the need for the proposed project, the 
Secretary considers one or more of the following factors:
    (A) The magnitude or severity of the problem to be addressed by the 
proposed project.
    (B) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project.
    (C) The extent to which the proposed project will provide services 
or otherwise address the needs of students at risk of educational 
failure.
    (D) The extent to which the proposed project will focus on serving 
or otherwise addressing the needs of disadvantaged individuals.
    (E) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (F) The extent to which the proposed project will prepare personnel 
for fields in which shortages have been demonstrated.
    (2) Significance. (i) The Secretary considers the significance of 
the proposed project.
    (ii) In determining the significance of the proposed project, the 
Secretary considers one or more of the following factors:
    (A) The national significance of the proposed project.
    (B) The significance of the problem or issue to be addressed by the 
proposed project.
    (C) The potential contribution of the proposed project to increased 
knowledge or understanding of educational problems, issues, or 
effective strategies.
    (D) The potential contribution of the proposed project to increased 
knowledge or understanding of rehabilitation problems, issues, or 
effective strategies.
    (E) The likelihood that the proposed project will result in system 
change or improvement.
    (F) The potential contribution of the proposed project to the 
development and advancement of theory, knowledge, and practices in the 
field of study.
    (G) The potential for generalizing from the findings or results of 
the proposed project.
    (H) The extent to which the proposed project is likely to yield 
findings that may be utilized by other appropriate agencies and 
organizations.
    (I) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (J) The extent to which the proposed project involves the 
development or demonstration of promising new strategies that build on, 
or are alternatives to, existing strategies.
    (K) The likely utility of the products (such as information, 
materials, processes, or techniques) that will result from the proposed 
project, including the potential for their being used effectively in a 
variety of other settings.
    (L) The extent to which the results of the proposed project are to 
be disseminated in ways that will enable others to use the information 
or strategies.
    (M) The potential replicability of the proposed project or 
strategies, including, as appropriate, the potential for implementation 
in a variety of settings.
    (N) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project, especially improvements in 
teaching and student achievement.
    (O) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project, especially improvements in 
employment and independent living services.
    (P) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project.
    (3) Quality of the project design. (i) The Secretary considers the 
quality of the design of the proposed project.
    (ii) In determining the quality of the design of the proposed 
project, the Secretary considers one or more of the following factors:
    (A) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (B) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (C) The extent to which there is a conceptual framework underlying 
the proposed research or demonstration activities and the quality of 
that framework.
    (D) The extent to which the proposed activities constitute a 
coherent, sustained program of research and development in the field, 
including, as appropriate, a substantial addition to an ongoing line of 
inquiry.
    (E) The extent to which the proposed activities constitute a 
coherent, sustained program of training in the field.
    (F) The extent to which the proposed project is based upon a 
specific research design, and the quality and appropriateness of that 
design, including the scientific rigor of the studies involved.
    (G) The extent to which the proposed research design includes a 
thorough, high-quality review of the relevant literature, a high-
quality plan for research activities, and the use of appropriate 
theoretical and methodological tools, including those of a variety of 
disciplines, where appropriate.
    (H) The extent to which the design of the proposed project includes 
a thorough, high-quality review of the relevant literature, a high-
quality plan for project implementation, and the use of appropriate 
methodological tools to ensure successful achievement of project 
objectives.
    (I) The quality of the proposed demonstration design and procedures 
for documenting project activities and results.
    (J) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project.
    (K) The extent to which the proposed development efforts include 
adequate quality controls and, as appropriate, repeated testing of 
products.
    (L) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance.
    (M) The extent to which the design of the proposed project reflects 
up-to-date knowledge from research and effective practice.
    (N) The extent to which the proposed project represents an 
exceptional approach for meeting statutory purposes and requirements.
    (O) The extent to which the proposed project represents an 
exceptional approach to the priority or priorities established for the 
competition.
    (P) The extent to which the proposed project will be coordinated 
with similar or related efforts, and with other appropriate community, 
State, and Federal resources.
    (Q) The extent to which the proposed project will establish 
linkages with other appropriate agencies and

[[Page 37190]]

organizations providing services to the target population.
    (R) The extent to which the proposed project is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (S) The extent to which the proposed project encourages parental 
involvement.
    (T) The extent to which the proposed project encourages consumer 
involvement.
    (U) The extent to which performance feedback and continuous 
improvement are integral to the design of the proposed project.
    (V) The quality of the methodology to be employed in the proposed 
project.
    (W) The extent to which fellowship recipients or other project 
participants are to be selected on the basis of academic excellence.
    (4) Quality of project services. (i) The Secretary considers the 
quality of the services to be provided by the proposed project.
    (ii) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (iii) In addition, the Secretary considers one or more of the 
following factors:
    (A) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (B) The extent to which entities that are to be served by the 
proposed technical assistance project demonstrate support for the 
project.
    (C) The extent to which the services to be provided by the proposed 
project reflect up-to-date knowledge from research and effective 
practice.
    (D) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (E) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services.
    (F) The extent to which the training or professional development 
services to be provided by the proposed project are likely to alleviate 
the personnel shortages that have been identified or are the focus of 
the proposed project.
    (G) The likelihood that the services to be provided by the proposed 
project will lead to improvements in the achievement of students as 
measured against rigorous academic standards.
    (H) The likelihood that the services to be provided by the proposed 
project will lead to improvements in the skills necessary to gain 
employment or build capacity for independent living.
    (I) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services.
    (J) The extent to which the technical assistance services to be 
provided by the proposed project involve the use of efficient 
strategies, including the use of technology, as appropriate, and the 
leveraging of non-project resources.
    (K) The extent to which the services to be provided by the proposed 
project are focused on those with greatest needs.
    (L) The quality of plans for providing an opportunity for 
participation in the proposed project of students enrolled in private 
schools.
    (5) Quality of project personnel. (i) The Secretary considers the 
quality of the personnel who will carry out the proposed project.
    (ii) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (iii) In addition, the Secretary considers one or more of the 
following factors:
    (A) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (B) The qualifications, including relevant training and experience, 
of key project personnel.
    (C) The qualifications, including relevant training and experience, 
of project consultants or subcontractors.
    (6) Adequacy of resources. (i) The Secretary considers the adequacy 
of resources for the proposed project.
    (ii) In determining the adequacy of resources for the proposed 
project, the Secretary considers one or more of the following factors:
    (A) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (B) The relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project.
    (C) The extent to which the budget is adequate to support the 
proposed project.
    (D) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.
    (E) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits.
    (F) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support.
    (G) The potential for the incorporation of project purposes, 
activities, or benefits into the ongoing program of the agency or 
organization at the end of Federal funding.
    (7) Quality of the management plan. (i) The Secretary considers the 
quality of the management plan for the proposed project.
    (ii) In determining the quality of the management plan for the 
proposed project, the Secretary considers one or more of the following 
factors:
    (A) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (B) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project.
    (C) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (D) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (E) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.
    (8) Quality of the project evaluation. (i) The Secretary considers 
the quality of the evaluation to be conducted of the proposed project.
    (ii) In determining the quality of the evaluation, the Secretary 
considers one or more of the following factors:

[[Page 37191]]

    (A) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (B) The extent to which the methods of evaluation are appropriate 
to the context within which the project operates.
    (C) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies.
    (D) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (E) The extent to which the methods of evaluation will provide 
timely guidance for quality assurance.
    (F) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (G) The extent to which the evaluation will provide guidance about 
effective strategies suitable for replication or testing in other 
settings.

(Authority: 20 U.S.C. 1221e-3 and 3474)

    6. A new section 75.211 is added to read as follows:

Sec. 75.211  Selection criteria for unsolicited applications.

    (a) If the Secretary considers an unsolicited application under 34 
CFR 75.222(a)(2)(ii), the Secretary uses the selection criteria and 
factors, if any, used for the competition under which the application 
could have been funded.
    (b) If the Secretary considers an unsolicited application under 34 
CFR 75.222(a)(2)(iii), the Secretary selects from among the criteria in 
75.210(b), and may select from among the specific factors listed under 
each criterion, the criteria that are most appropriate to evaluate the 
activities proposed in the application.

(Authority: 20 U.S.C. 1221e-3 and 3474)

PART 206--SPECIAL EDUCATIONAL PROGRAMS FOR STUDENTS WHOSE FAMILIES 
ARE ENGAGED IN MIGRANT AND OTHER SEASONAL FARMWORK--HIGH SCHOOL 
EQUIVALENCY PROGRAM AND COLLEGE ASSISTANCE MIGRANT PROGRAM

    7. The authority citation for part 206 continues to read as 
follows:

    Authority: 20 U.S.C. 1070d-2, unless otherwise noted.

    8. Section 206.30 is revised to read as follows:

Sec. 206.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR part 75.

(Authority: 20 U.S.C. 1070d-2(a) and (e))

Sec. 206.31  [Removed]

    9. Section 206.31 is removed.

PART 231--DRUG-FREE SCHOOLS AND COMMUNITIES--GENERAL PROVISIONS 
[REMOVED]

    10. Part 231 is removed.

PART 235--DRUG-FREE SCHOOLS AND COMMUNITIES--FEDERAL ACTIVITIES 
GRANTS PROGRAM [REMOVED]

    11. Part 235 is removed.

PART 369--VOCATIONAL REHABILITATION SERVICE PROJECTS

    12. The authority citation for part 369 is removed to read as 
follows:

    Authority: 29 U.S.C. 711(c), 732, 750, 777(a)(1), 777b, 777f and 
795g, unless otherwise noted.

Sec. 369.1  [Amended]

    13. Section 369.1 is amended by removing paragraphs (b)(2) and 
(b)(4), by removing in paragraph (b)(3) ``(34 CFR part 373)'', in 
paragraph (b)(5) ``(34 CFR part 375)'', and in paragraph (b)(7) ``(34 
CFR part 378)'', and by redesignating paragraphs (b)(3), (b)(5), 
(b)(6), (b)(7), and (b)(8) as paragraphs (b)(2), (b)(3), (b)(4), 
(b)(5), and (b)(6) respectively.

Sec. 369.2  [Amended]

    14. Section 369.2 is amended by removing paragraphs (b) and (d) and 
by redesignating paragraphs (c), (e), (f), (g), and (h) as paragraphs 
(b), (c), (d), (e), and (f) respectively.

Sec. 369.21  [Amended]

    15. Section 369.21 is amended by removing ``under 34 CFR parts 372, 
373, 374, 375, 376, 378, or 379'', and adding, in its place, ``covered 
by this part''.
    16. Section 369.30 is revised to read as follows:

Sec. 369.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR Part 75.

(Authority: 29 U.S.C. 711(c))

Sec. 369.31  [Removed]

    17. Section 369.31 is removed.

Sec. 369.32  [Amended]

    18. Section 369.32 is amended by removing ``listed in Sec. 369.31 
and 34 CFR parts 371, 372, 373, 374, 375, 376, 378, and 379'', in the 
introductory text and adding, in its place, ``used in accordance with 
the procedures in 34 CFR part 75''.

Sec. 369.42  [Amended]

    19. Section 369.42 paragraph (b) is amended by removing ``34 CFR 
parts 371, 372, 373, 374, 375, 376, 378, or 379'', and adding, in its 
place, ``a program covered by this part''.

PART 371--VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN 
INDIANS WITH DISABILITIES

    20. The authority citation for part 371 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 750, unless otherwise noted.

Sec. 371.30  [Removed]

    21. Section 371.30 is removed.

PART 373--SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING 
VOCATIONAL REHABILITATION SERVICES TO INDIVIDUALS WITH DISABILITIES 
[REMOVED]

    22. Part 373 is removed.

PART 375--VOCATIONAL REHABILITATION SERVICE PROJECTS PROGRAM FOR 
MIGRATORY AGRICULTURAL WORKERS AND SEASONAL FARMWORKERS WITH 
DISABILITIES [REMOVED]

    23. Part 375 is removed.

PART 376--SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING 
TRANSITIONAL REHABILITATION SERVICES TO YOUTH WITH DISABILITIES

    24. The authority citation for part 376 continues to read as 
follows:

    Authority: 29 U.S.C. 777a(b), unless otherwise noted.

Sec. 376.31  [Removed]

    25. Section 376.31 is removed.

PART 378--PROJECTS FOR INITIATING RECREATIONAL PROGRAMS FOR 
INDIVIDUALS WITH DISABILITIES [REMOVED]

    26. Part 378 is removed.

[[Page 37192]]

PART 380--SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING 
SUPPORTED EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE 
DISABILITIES AND TECHNICAL ASSISTANCE PROJECTS

    27. The authority citation for part 380 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 777a(c), unless otherwise noted.

    28. Section 380.10 is revised to read as follows:

Sec. 380.10  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR Part 75.

(Authority: 29 U.S.C. 777a(c))

Secs. 380.11, 380.12, and 380.13  [Removed]

    29. Sections 380.11, 380.12, and 380.13 are removed.
    30. Section 380.14 is revised to read as follows:

Sec. 380.14  What other factors does the Secretary consider in 
reviewing an application?

    In addition to the selection criteria used in accordance with the 
procedures in 34 CFR part 75, the Secretary, in making awards under 
this part, considers the geographical distribution of projects in each 
program category throughout the country.

(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))

PART 381--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

    31. The authority citation for part 381 continues to read as 
follows:

    Authority: 29 U.S.C. 794e, unless otherwise noted.

    32. Section 381.20 is revised to read as follows:

Sec. 381.20  How does the Secretary evaluate an application?

    In any fiscal year in which the amount appropriated for the PAIR 
program is less than $5,500,000, the Secretary evaluates applications 
under the procedures in 34 CFR part 75.

(Authority: 29 U.S.C. 711(c) and 794e (b) and (f))

Sec. 380.21  [Removed]

    33. Section 381.21 is removed.

PART 385--REHABILITATION TRAINING

    34. The authority citation for part 385 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c), 772, and 774, unless otherwise 
noted.

    35. Section 385.31 is revised to read as follows:

Sec. 385.31  How does the Secretary evaluate an application?

    (a) The Secretary evaluates applications under the procedures in 34 
CFR part 75.
    (b) The Secretary evaluates each application using selection 
criteria identified in parts 386, 387, 388, 389 and 390, as 
appropriate.
    (c) In addition to the selection criteria described in paragraph 
(b) of this section, the Secretary evaluates each application using-
    (1) Selection criteria in 34 CFR 75.210;
    (2) Selection criteria established under 34 CFR 75.209; or
    (3) A combination of selection criteria established under 34 CFR 
75.209 and selection criteria in 34 CFR 75.210.

(Authority: 29 U.S.C. 711(c))

Sec. 385.32  [Removed]

    36. Section 385.32 is removed.

Sec. 385.33  [Amended]

    37. Section 385.33 is revised by removing the number ``385.32'' in 
the introductory text and adding in its place the number ``75.210''.

PART 386--REHABILITATION TRAINING: REHABILITATION LONG-TERM 
TRAINING

    38. The authority citation for part 386 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.

    39. Section 386.20 is revised to read as follows:

Sec. 386.20  What additional selection criteria are used under this 
program?

    In addition to the criteria in 34 CFR 385.31(c), the Secretary uses 
the following additional selection criteria to evaluate an application:
    (a) Relevance to State-Federal rehabilitation service program. (1) 
The Secretary reviews each application for information that shows that 
the proposed project appropriately relates to the mission of the State-
Federal rehabilitation service program.
    (2) The Secretary looks for information that shows that the project 
can be expected either--
    (i) To increase the supply of trained personnel available to State 
and other public or nonprofit agencies involved in the rehabilitation 
of individuals with physical or mental disabilities through degree or 
certificate granting programs; or
    (ii) To improve the skills and quality of professional personnel in 
the rehabilitation field in which the training is to be provided 
through the granting of a degree or certificate.
    (b) Nature and scope of curriculum. (1) The Secretary reviews each 
application for information that demonstrates the adequacy of the 
proposed curriculum.
    (2) The Secretary looks for information that shows--
    (i) The scope and nature of the coursework reflect content that can 
be expected to enable the achievement of the established project 
objectives;
    (ii) The curriculum and teaching methods provide for an integration 
of theory and practice relevant to the educational objectives of the 
program;
    (iii) There is evidence of educationally focused practical and 
other field experiences in settings that ensure student involvement in 
the provision of vocational rehabilitation, supported employment, or 
independent living rehabilitation services to individuals with 
disabilities, especially individuals with severe disabilities;
    (iv) The coursework includes student exposure to vocational 
rehabilitation, supported employment, or independent living 
rehabilitation processes, concepts, programs, and services; and
    (v) If applicable, there is evidence of current professional 
accreditation by the designated accrediting agency in the professional 
field in which grant support is being requested.

(Authority: 29 U.S.C. 711(c) and 771a)

PART 387--EXPERIMENTAL AND INNOVATIVE TRAINING

    40. The authority citation for part 387 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.

    41. Section 387.30 is revised to read as follows:

Sec. 387.30  What additional selection criteria are used under this 
program?

    In addition to the criteria in 34 CFR 385.31(c), the Secretary uses 
the following additional selection criteria to evaluate an application:
    (a) Relevance to State-Federal rehabilitation service program. (1) 
The Secretary reviews each application for information that shows that 
the proposed project appropriately relates to the mission of the State-
Federal rehabilitation service program.
    (2) The Secretary looks for information that shows that the project 
can be expected either--
    (i) To increase the supply of trained personnel available to public 
and private agencies involved in the

[[Page 37193]]

rehabilitation of individuals with disabilities; or
    (ii) To maintain and improve the skills and quality of 
rehabilitation workers.
    (b) Nature and scope of curriculum. (1) The Secretary reviews each 
application for information that demonstrates the adequacy and scope of 
the proposed curriculum.
    (2) The Secretary looks for information that shows that--
    (i) The scope and nature of the training content can be expected to 
enable the achievement of the established project objectives of the 
training project;
    (ii) The curriculum and teaching methods provide for an integration 
of theory and practice relevant to the educational objectives of the 
program;
    (iii) There is evidence of educationally focused practicum or other 
field experiences in settings that assure student involvement in the 
provision of vocational rehabilitation or independent living 
rehabilitation services to individuals with disabilities, especially 
individuals with severe disabilities; and
    (iv) The didactic coursework includes student exposure to 
vocational rehabilitation or independent living rehabilitation 
processes, concepts, programs, and services.

(Authority: 29 U.S.C. 711(c) and 774)

PART 388--STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING

    42. The authority citation for Part 388 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.

    43. Section 388.20 is revised to read as follows:

Sec. 388.20  What additional selection criteria are used under this 
program?

    In addition to the selection criteria in 34 CFR 385.31(c), the 
Secretary uses the following additional selection criteria to evaluate 
an application:
    (a) Evidence of need. (1) The Secretary reviews each application 
for information that shows that the need for the in-service training 
has been adequately justified.
    (2) The Secretary looks for information that shows--
    (i) How the proposed project relates to the mission of the State-
Federal rehabilitation service program and can be expected to improve 
the competence of all State vocational rehabilitation personnel in 
providing vocational rehabilitation services to individuals with 
disabilities that will result in employment outcomes or otherwise 
contribute to more effective management of the State unit program;
    (ii) That the State unit in-service training plan responds to needs 
identified in their training needs assessment and the proposed training 
relates to the unit's State plan, particularly the requirements in 
section 101(a)(7) of the Rehabilitation Act for each designated State 
unit to develop a comprehensive system of personnel development;
    (iii) The need for training methods and materials that will be 
useful in determining how in-service training improves the impact and 
effectiveness of services to individuals with disabilities assisted 
under the Rehabilitation Act to ensure employment outcomes; and
    (iv) The State has conducted a needs assessment of the in-service 
training needs for all of the State unit employees.

(Authority: 29 U.S.C. 711(c), 770, and 771a)

PART 389--REHABILITATION CONTINUING EDUCATION PROGRAMS

    44. The authority citation for Part 389 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.

    45. Section 389.30 is revised to read as follows:

Sec. 389.30  What additional selection criteria are used under this 
program?

    In addition to the criteria in 34 CFR 385.31(c), the Secretary uses 
the following additional selection criterion to evaluate an 
application:
    (a) Relevance to State-Federal rehabilitation service program. (1) 
The Secretary reviews each application for information that shows that 
the proposed project appropriately relates to the mission of the State-
Federal rehabilitation service programs.
    (2) The Secretary reviews each application for information that 
shows that the proposed project includes an assessment of the potential 
of existing programs within the geographical area (including State 
vocational rehabilitation unit in-service training) to meet the needs 
for which support is sought.
    (3) The Secretary looks for information that shows that the 
proposed project can be expected to improve the competence of 
professional and other personnel in the rehabilitation agencies serving 
individuals with severe disabilities.

(Authority: 29 U.S.C. 711(c))

PART 390--REHABILITATION SHORT-TERM TRAINING

    46. The authority citation for Part 390 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.

    47. Section 390.30 is revised to read as follows:

Sec. 390.30  What additional selection criteria are used under this 
program?

    In addition to the criteria in 34 CFR 385.31(c), the Secretary uses 
the following additional selection criterion to evaluate an 
application:
    (a) Relevance to State-Federal rehabilitation service program. (1) 
The Secretary reviews each application for information that shows that 
the proposed project appropriately relates to the mission of the State-
Federal rehabilitation service programs.
    (2) The Secretary looks for information that shows that the 
proposed project can be expected to improve the skills and competence 
of--
    (i) Personnel engaged in the administration or delivery of 
rehabilitation services; and
    (ii) Others with an interest in the delivery of rehabilitation 
services.

(Authority: 29 U.S.C. 711(c) and 774)

PART 396--TRAINING OF INTERPRETERS FOR INDIVIDUALS WHO ARE DEAF AND 
INDIVIDUALS WHO ARE DEAF-BLIND

    48. The authority citation for Part 396 continues to read as 
follows:

    Authority: 29 U.S.C. 771a(f), unless otherwise noted.

    49. Section 396.30 is revised to read as follows:

Sec. 396.30  How does the Secretary evaluate an application?

    (a) The Secretary evaluates applications under the procedures in 34 
CFR part 75.
    (b) The Secretary evaluates each application using selection 
criteria in Sec. 396.31.
    (c) In addition to the selection criteria described in paragraph 
(b) of this section, the Secretary evaluates each application using--
    (1) Selection criteria in 34 CFR 75.210;
    (2) Selection criteria established under 34 CFR 75.209; or
    (3) A combination of selection criteria established under 34 CFR 
75.209 and selection criteria in 34 CFR 75.210.

(Authority: 29 U.S.C. 771a(f))

    50. Section 396.31 is revised to read as follows:

[[Page 37194]]

Sec. 396.31  What additional selection criteria are used under this 
program?

    In addition to the criteria in 34 CFR 396.30(c), the Secretary uses 
the following additional selection criterion to evaluate an 
application:
    (a) Demonstrated relationships with service providers and 
consumers. The Secretary reviews each application to determine the 
extent to which--
    (1) The proposed interpreter training project was developed in 
consultation with service providers;
    (2) The training is appropriate to the needs of both individuals 
who are deaf and individuals who are deaf-blind and to the needs of 
public and private agencies that provide services to either individuals 
who are deaf or individuals who are deaf-blind in the geographical area 
to be served by the training project;
    (3) There is a working relationship between the interpreter 
training project and service providers; and
    (4) There are opportunities for individuals who are deaf and 
individuals who are deaf-blind to be involved in the training project.

(Authority: 29 U.S.C. 771a(f))

Sec. 396.32  [Amended]

    51. Section 396.32 is amended by adding after the number ``396.31'' 
the cross-reference ``and 34 CFR 75.210''.

PART 610--SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS [REMOVED]

    52. Part 610 is removed.

PART 612--DRUG PREVENTION PROGRAMS IN HIGHER EDUCATION [REMOVED]

    53. Part 612 is removed.

PART 630--FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION 
[REMOVED]

    54. Part 630 is removed.

PART 637--MINORITY SCIENCE IMPROVEMENT PROGRAM

    55. The authority citation for part 637 continues to read as 
follows:

    Authority: 20 U.S.C. 1135b-1135b-3, 1135d-1135d-3, 1135d-5, and 
1135d-6, unless otherwise noted.

    56. Section 637.31 is revised to read as follows:

Sec. 637.31  How does the Secretary evaluate an application?

    (a) The Secretary evaluates an application under the procedures in 
34 CFR Part 75 and using selection criteria established under the 
procedures in 34 CFR Part 75.
    (b) The Secretary gives priority to applicants that have not 
previously received funding from the program and to previous grantees 
with a proven record of success, as well as to applications that 
contribute to achieving balance among funded projects with respect to--
    (1) Geographic region;
    (2) Academic discipline; and
    (3) Project type.

(Authority: 20 U.S.C. 1135b-1 and 1135d-3)

Sec. 637.32  [Removed]

    57. Section 637.32 is removed.

PART 658--UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE 
PROGRAM

    58. The authority citation for part 658 continues to read as 
follows:

    Authority: 20 U.S.C. 1124, unless otherwise noted.

    59. Section 658.30 is revised to read as follows:

Sec. 658.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR part 75 and using selection criteria established under the 
procedures in 34 CFR part 75.

(Authority: 20 U.S.C. 1124)

Secs. 658.31, 658.32, and 658.33  [Removed]

    60. Sections 658.31, 658.32, and 658.33 are removed.

Sec. 658.34  [Amended]

    61. Section 658.34 is amended by removing the comma after the word 
``in'' and by removing the words and numbers ``as appropriate 
Secs. 658.31, 658.32, and 658.33,'' and adding in their place the 
number ``Sec. 75.210''.

PART 660--THE INTERNATIONAL RESEARCH AND STUDIES PROGRAM

    62. The authority citation for Part 660 continues to read as 
follows:

    Authority: 20 U.S.C. 1125, unless otherwise noted.

    63. Section 660.30 is revised to read as follows:

Sec. 660.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR part 75 and using selection criteria established under the 
procedures in 34 CFR part 75.

(Authority: 20 U.S.C. 1125)

Secs. 660.31, 660.32, and 660.33  [Removed]

    64. Sections 660.31, 660.32 and 660.33 are removed.

PART 661--BUSINESS AND INTERNATIONAL EDUCATION PROGRAM

    65. The authority citation for part 661 continues to read as 
follows:

    Authority: 20 U.S.C. 1130-1130b, unless otherwise noted.

    66. Section 661.30 is revised to read as follows:

Sec. 661.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR part 75 and using selection criteria established under the 
procedures in 34 CFR part 75.

(Authority: 20 U.S.C. 1130a)

Sec. 661.31  [Removed]

    67. Section 661.31 is removed.

PART 669--LANGUAGE RESOURCE CENTERS PROGRAM

    68. The authority citation for part 669 continues to read as 
follows:

    Authority: 20 U.S.C. 1123, unless otherwise noted.

    69. Section 669.20 is revised to read as follows:

Sec. 669.20  How does the Secretary evaluate an application?

    The Secretary evaluates an application under the procedures in 34 
CFR part 75 and using the selection criteria established under the 
procedures in 34 CFR part 75.

(Authority: 20 U.S.C. 1123)

Sec. 669.21  [Removed]

    70. Section 669.21 is removed.
    71. Section 669.22 is amended by adding a new paragraph (c) to read 
as follows:

Sec. 669.22  What priorities may the Secretary establish?

* * * * *
    (c) If the Secretary establishes one or more priorities under this 
section, the Secretary may award an applicant up to an additional 20 
possible points for meeting the priority.

[FR Doc. 96-17916 Filed 7-15-96; 8:45 am]
BILLING CODE 4000-01-P

Complete official Federal Register PDF

FR Doc. 96-17836 VA Homeless Providers Grant and Per Diem Program Clarification of Per Diem Eligibility
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37024-37030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17836]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AH89

VA Homeless Providers Grant and Per Diem Program Clarification of 
Per Diem Eligibility

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: It is proposed to amend the regulations implementing the VA 
Homeless Providers Grant and Per Diem Program concerning per diem 
assistance by: Establishing more detailed criteria for determining 
which entities are eligible for obtaining per diem assistance; 
establishing a priority for funding eligible entities; clarifying the 
requirements for continued receipt of per diem payments; and clarifying 
the maximum amount payable for per diem assistance. The proposal is 
designed to ensure that the appropriate entities receive the 
appropriate amount of per diem assistance under fair and objective 
procedures. This document also proposes to obtain approval of 
collection of information provisions concerning applicants for grants 
and per diem.

DATES: Comments must be received on or before September 16, 1996.

ADDRESSES: Mail or hand deliver written comments to: Director, Office 
of Regulations Management (02D), Room 1154, Department of Veterans 
Affairs, 810 Vermont Ave., NW, Washington, DC 20420. Comments should 
indicate that they are submitted in response to ``RIN 2900-AH89.'' All 
written comments will be available for public inspection at the above 
address in the Office of Regulations Management, Room 1158, between the 
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Roger Casey, VA Homeless Providers 
Grant and Per Diem Program, Mental Health and Behavioral Sciences 
Service (111C1E), Department of Veterans Affairs, 810 Vermont Avenue, 
NW, Washington, DC 20420; (202) 273-8442. (This is not a toll-free 
number.)

SUPPLEMENTARY INFORMATION: It is proposed to amend the regulations 
implementing VA's Homeless Providers Grant and Per Diem Program (38 CFR 
part 17.700) concerning per diem assistance by: (1) Establishing more 
detailed criteria for determining which entities are eligible for 
obtaining per diem assistance; (2) establishing a priority for funding 
eligible entities; (3) clarifying the requirements for continued 
receipt of per diem payments; and (4) clarifying the maximum amount 
payable for per diem assistance. These regulations were established 
pursuant to Homeless Veterans Comprehensive Services Act of 1992 (Pub. 
L. 102-590, as amended by Pub. L. 104-110). The regulations set forth 
provisions to assist public or non-profit private entities in 
establishing new programs to furnish supportive services and supportive 
housing for homeless veterans through grants. The regulations also 
provide for per diem payments, or in-kind assistance in lieu of per 
diem payments, to entities that are receiving grants or to entities 
eligible to receive a grant that established supportive services or a 
supportive housing program for homeless veterans after November 10, 
1992.
    Some homeless veterans service providers have informed us they 
understood the regulations allowed only grant recipients to apply for 
per diem assistance. However, neither the Act nor the regulations limit 
per diem assistance to grant recipients. Nevertheless, the Act does 
limit per diem assistance to entities that meet basic criteria 
applicable to grant recipients. ``Eligible entity'' under the Act means 
a public or nonprofit private entity that: Has the capacity to 
effectively administer a grant under the Act; demonstrates that 
adequate financial support will be available to carry out the project 
for which the grant is sought; and agrees to meet the applicable 
criteria and requirements of the grant program. Grant program criteria 
and requirements applicable to the receipt of per diem include: 
Targeting the homeless veteran population; coordinating with the 
community; providing the needed services; and establishing a project 
plan that details the goals that will be used in evaluating 
participants' progress as well as program successes with increasing 
veterans' residential stability, skill and/or income level, and self 
determination. It is proposed to subject per diem applicants to these 
criteria. It appears this would ensure that the entities awarded per 
diem assistance

[[Page 37025]]

would have the necessary standards of quality required to comply with 
the Act. Further, it is proposed that per diem applicants be required 
to score a minimum of 500 points on the per diem portions of the Grant/
Per Diem application. This minimum eligibility score is proportional to 
the minimum 600 points required for grant eligibility. The remaining 
criteria and requirements of the grant program pertain to construction, 
property acquisition, leveraging resources, vehicle acquisition, etc., 
which are not applicable to per diem.
    Additionally, the rule would clarify that non-grant recipients' 
programs that are not scored under per diem criteria, and grant 
recipients' programs that are not established as a result of grant 
funding, would not receive per diem payments.
    It is also proposed to establish a priority for funding and 
criteria for ranking per diem applicants. Under the proposal, per diem 
assistance would first be awarded to supportive housing or supportive 
service center grant recipients that request per diem and that receive 
a sufficient ranking based on a cumulative score on portions of the 
Grant/Per Diem application pertaining to per diem assistance. It is 
proposed that if funding is still available, a Notice of Funding 
Availability (NOFA) would be published in the Federal Register and 
applications would be accepted from non-grant recipients. Also, the 
proposal provides that per diem would be awarded to those non-grant 
recipients who are deemed eligible entities and who receive a 
sufficient ranking based on the application. It appears that this 
method of prioritizing would help ensure success of the entities 
receiving grant funds for supportive housing and supportive service 
centers while still providing for consideration of non-grant 
recipients. In evaluating grant recipients and non-grant recipients, 
scores would be ranked from highest to lowest and funds would be 
allocated on the basis of rank from highest to lowest until funds are 
expended. Under this proposal those non-grant recipient entities that 
have already submitted a request for recognition of eligibility, prior 
to the issuance of this amendment, would need not submit a second 
request but would be expected to follow the proposed requirements for 
application. Those grant recipients that have received a grant prior to 
this amendment and have not received per diem payments, would be asked 
to submit a request for recognition of eligibility to initiate scoring 
of the per diem relevant portions of their grant application.
    It is also proposed to clarify the requirements for continued 
receipt of per diem payments. To help ensure the quality of per diem 
recipients' programs, VA would require recipients to maintain their 
programs so that they would score the minimum number of points required 
on per diem relevant sections of the Grant/Per Diem application. Under 
the proposal, VA would ensure compliance by conducting inspections and 
would provide an opportunity to challenge a VA decision to terminate 
per diem payments for a recipient's failure to comply with requirements 
prior to the actual termination of payments.
    The legislative history of the Act indicates that it was Congress' 
intent that per diem rates for the Homeless Providers Grant and Per 
Diem Program not be more generous than per diem rates under the State 
Home Program to avoid creating an incentive for states to participate 
in the Homeless Providers Grant and Per Diem Program instead of 
expanding and/or continuing participation in the State Home Program. 
Further, the Act limits per diem payments to one half the recipients' 
cost of providing services supported by such payments. Therefore, to 
better reflect the intent of Congress, it is proposed to clarify in the 
rule that the maximum per diem rate for supportive housing under the 
Homeless Providers Grant and Per Diem Program will be the prevailing 
State Home per diem rate for domiciliary care or one-half the cost of 
providing this service, whichever is less. Additionally, it is proposed 
to revise the rule so it is clear that this ``maximum'' amount is in 
fact a fixed rate and VA will not pay less than this rate unless 
prevented from doing so by budget constraints.
    Non-substantive changes also are proposed for purposes of 
organization and clarity.

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act (44 U.S.C. 
3504(h)). Comments on the collection of information should be sent to 
the Office of Management and Budget, Attention: Desk Officer for the 
Department of Veterans Affairs, Office of Information and Regulatory 
Affairs, Washington, DC 20503, with copies to the Director, Office of 
Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Avenue, NW, Washington, DC 20420.
    This collection of information included in 38 CFR 17.710 through 
17.714 and Secs. 17.717 through 17.719 concerns an application for 
public or nonprofit private entities to establish new programs to 
furnish supportive services and supportive housing for homeless 
veterans through grants of up to 65 percent of the cost to construct, 
expand, remodel or alter existing buildings; to acquire facilities; or 
to procure vans to provide transportation for and support outreach to 
homeless veterans and to provide per diem payments for those veterans 
determined eligible for such payments by the Department of Veterans 
Affairs. Provisions concerning per diem are explained above in this 
preamble. Provisions concerning grants are already set forth in 38 CFR 
and are restated in the regulatory text portion of this document.
    The Department considers comments by the public on these proposed 
collections of information in--
     Evaluating whether the proposed collection(s) of 
information are necessary for the proper performance of the functions 
of the Department, including whether the information will have 
practical utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and;
     Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the proposed 
collections of information contained in this document between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department on the 
proposed regulations.
    Title: Application for VA homeless providers grant and per diem 
program.
    Summary of collection of information: The Department requires the 
applicant for grants and/or per diem to submit information that assists 
in the

[[Page 37026]]

determination of funds to be awarded. The requested information 
addresses the ability of the organization to effectively administer a 
program and requires the organization to demonstrate the quality of the 
project, how the homeless veteran will be targeted, the need for the 
proposed program, the coordination with other agencies, and the 
project's cost effectiveness.
    Description of the need for information and proposed use of 
information: The Department is required to assess organizations' 
projects and fund those that most appropriately meet the needs of 
homeless veterans as determined by the rules of the program. This 
collection of information will be used to rank various projects and 
award those most likely to meet intent of the statute.
    Description of likely respondents: public or non-profit private 
entities providing supportive services and supportive housing for 
homeless veterans.
    Estimated total annual reporting burden for grants: 5,000 hours.
    Estimated total annual reporting burden for per diem: 2,500 hours.
    The estimated annual burden per respondent for grants: 50 hours.
    The estimated annual burden per respondent for per diem: 50 hours.
    Estimate number of respondents for grants: 100.
    Estimate number of respondents for per diem: 50.
    Estimate annual frequency of responses for grants: 1
    Estimate annual frequency of responses for per diem: 1

Regulatory Flexibility Act

    The Secretary hereby certifies that the provisions of the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 601-602. In all likelihood, only 
similar entities that are small entities would participate in the 
Homeless Providers Grant and Per Diem Program, therefore, pursuant to 5 
U.S.C. 605(b), this proposed rule is exempt from the initial and final 
regulatory flexibility analysis requirement of sections 603 and 604.

    The Catalog of Federal Domestic Assistance program number is 
64.024.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs-health, Grant programs-veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Philippines, Reporting 
and record-keeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: June 26, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 17 is 
proposed to be amended as set forth below:

PART 17--MEDICAL

    1. The authority citation for part 17 is revised to read as 
follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

Sec. 17.700  [Amended]

    2. In Sec. 17.700, paragraph (a) is amended by removing 
``17.715(a)'' and adding, in its place, ``17.716''.
    3. Sections 17.710 through 17.719 are revised to read as follows:

Sec. 17.710  Application requirements.

    (a) General. Applications for grants must be submitted in the form 
prescribed by VA in the application package, must meet the requirements 
of this part, and must be submitted within the time period established 
by VA in the notice of fund availability under Sec. 17.708 of this 
part. The application packet includes exhibits to be prepared and 
submitted as part of the application process, including:
    (1) Justification for the project by addressing items listed in 
Sec. 17.711(c) of this part;
    (2) Site description, design, and cost estimates;
    (3) Documentation on eligibility to receive assistance under this 
part;
    (4) Documentation on matching funds committed to the projects;
    (5) Documentation on operating budget and cost sharing;
    (6) Documentation on supportive services committed to the project;
    (7) Documentation on site control and appropriate zoning, and on 
the boundaries of the area or community proposed to be served;
    (8) Applicants who are States must submit any comments or 
recommendations by appropriate State (and area wide) clearinghouses 
pursuant to E.O. 12372 (3 CFR, 1982 Comp., p. 197); and
    (9) Reasonable assurances with respect to receipt of assistance 
under this part that:
    (i) The project will be used principally to furnish to veterans the 
level of care for which such application is made; that not more than 25 
percent of participants at any one time will be non-veterans; and that 
such services will meet standards prescribed by VA;
    (ii) Title to such site or van will vest solely in the applicant;
    (iii) Each recipient will keep those records and submit those 
reports as VA may reasonably require, within the time frames required; 
and give VA, upon demand, access to the records upon which such 
information is based; and
    (iv) Adequate financial support will be available for the purchase 
of the van or completion of the project, and for its maintenance, 
repair and operation.
    (b) Pre-award expenditures. Costs incurred for a project after the 
date the Department of Veterans Affairs notifies an applicant that the 
project is feasible for VA participation are allowable costs if the 
application is approved and the grant is awarded. These pre-award 
expenditures include architectural and engineering fees. Such 
notification occurs when VA requests information for the second 
submission portion of the application.

Sec. 17.711  Rating criteria for applications.

    (a) General. Applications will be assigned a rating score and 
placed in ranked order, based upon the criteria listed in paragraphs 
(b) through (d) of this section.
    (b) Threshold review. Applicants will undergo a threshold review 
prior to rating and ranking, to ensure they meet the following:
    (1) Form, time, and adequacy. Applications must be filed in the 
form prescribed by VA in the application process and within the time 
established in the NOFA.
    (2) Application eligibility. The applicant and project sponsor, if 
relevant, must be eligible to apply for the specific program.
    (3) Eligible population to be served. The population proposed to be 
served must be homeless veterans and meet other eligibility 
requirements of the specific program.
    (4) Eligible activities. The activities for which assistance is 
requested must be eligible for funding under this part (e.g., new 
programs or new components of existing programs).
    (5) Outstanding audit findings. No organization that receives 
assistance may have an outstanding obligation to VA that is in arrears 
or for which a payment schedule has not been agreed to, or whose 
response to an audit is overdue or unsatisfactory.
    (c) Rating and ranking of first submission. Applicants that pass 
the threshold review will then be rated using the eight selection 
criteria listed

[[Page 37027]]

in paragraph (c)(1) through (c)(8) of this section. Applicants must 
receive at least 600 points (out of a possible 1,200) and must receive 
points under criteria 1, 2, 3, 4, and 8. Applicants that are applying 
as an innovative supportive housing project must achieve points under 
the innovative quality of the proposal criterion.
    (1) Quality of the project--300 points.
    (2) Targeting to persons on streets and in shelters--150 points.
    (3) Ability of the applicant to develop and operate a project--200 
points.
    (4) Need for the type of project proposed in the area to be 
served--150 points.
    (5) Innovative quality of the proposal--50 points.
    (6) Leveraging--50 points.
    (7) Cost effectiveness--100 points.
    (8) Coordination with other programs--200 points.
    (d) Selection criteria--(1) Quality of the project. VA will award 
up to 300 points based on the extent to which the application presents 
a clear, well-conceived and thorough plan for assisting homeless 
veterans achieve residential stability, increased skills and/or income, 
and more influence over decisions that affect their lives. Higher 
ratings will be assigned to those applications that clearly describe:
    (i) How program participants will achieve residential stability, 
including how available supportive services will help participants 
reach this goal;
    (ii) How program participants will increase their skill level and/
or income, including how available supportive services will help 
participants reach this goal;
    (iii) How program participants will be involved in making project 
decisions that affect their lives, including how they will be involved 
in selecting supportive services, establishing individuals goals and 
developing plans to achieve these goals so that they achieve greater 
self determination;
    (iv) How permanent affordable housing will be identified and made 
available to participants upon leaving the transitional housing, and 
how participants will be provided necessary follow-up services to help 
them achieve stability in the permanent housing;
    (v) How the service needs of participants will be assessed on an 
ongoing basis;
    (vi) How the proposed housing, if any, will be managed and 
operated;
    (vii) How participants will be assisted in assimilating into the 
community through access to neighborhood facilities, activities and 
services;
    (viii) How and when the progress of participants toward meeting 
their individuals goals will be monitored and evaluated;
    (ix) How and when the effectiveness of the overall project in 
achieving its goals will be evaluated and how program modifications 
will be made based on those evaluations; and
    (x) How the proposed project will be implemented in a timely 
fashion.
    (2) Targeting to persons on streets and in shelters. VA will award 
up to 150 points based on:
    (i) The extent to which the project will serve homeless veterans 
living in places not ordinarily meant for human habitation (e.g., 
streets, parks, abandoned buildings, automobiles, under bridges, in 
transportation facilities) and those who reside in emergency shelters; 
and
    (ii) The likelihood that proposed plans for outreach and selection 
of participants will result in these populations being served.
    (3) Ability of applicant to develop and operate a project. VA will 
award up to 200 points based on the extent to which those who will be 
involved in carrying out the project have experience in activities 
similar to those proposed in the application. Rating will be assigned 
based on the extent to which the application demonstrates experience in 
the following areas:
    (i) Engaging the participation of homeless veterans living in 
places not ordinarily meant for human habitation and in emergency 
shelters;
    (ii) Assessing the housing and relevant supportive service needs of 
homeless veterans;
    (iii) Accessing housing and relevant supportive service resources;
    (iv) If applicable, contracting for and/or overseeing the 
rehabilitation or construction of housing;
    (v) If applicable, administering a rental assistance program;
    (vi) Providing supportive services for homeless veterans;
    (vii) Monitoring and evaluating the progress of persons toward 
meeting their individual goals; and
    (viii) Evaluating the overall effectiveness of a program and using 
evaluation results to make program improvements.
    (4) Need. VA will award up to 150 points based on the applicant's 
demonstrated understanding of the needs of the specific homeless 
veteran population proposed to be served in the specified area or 
community. Ratings will be made based on the extent to which applicants 
demonstrate:
    (i) Substantial unmet needs, particularly among the target 
population who are living in places not ordinarily meant for human 
habitation (e.g., streets) and in emergency shelters, based on reliable 
data from surveys of homeless populations, a Comprehensive Housing 
Affordability Strategy (CHAS), or other reports or data gathering 
mechanisms that directly support claims made;
    (ii) An understanding of the homeless population to be served and 
its unmet housing and supportive service needs.
    (5) Innovative quality of the proposal. Applicants who have 
indicated in their application that they are applying under the 
innovative supportive housing component must receive points under this 
criteria to be eligible for award. VA will award up to 50 points based 
on the innovative quality of the proposal, when compared to other 
applications and projects; in terms of:
    (i) Helping homeless veterans or homeless veterans with 
disabilities to be served to reach residential stability, increase 
their skill level and/or income and increase the influence they have 
over decisions that affect their lives; and
    (ii) A clear link between the innovation(s) and its proposed 
effect(s); and
    (iii) Its ability to be used as a model for other projects.
    (6) Leveraging. VA will award up to 50 points based on the extent 
to which resources from other public and private sources, including 
cash and the value of third party contributions, have been committed to 
support the project at the time of application. Any applicant who 
wishes to receive points under this criterion must submit documentation 
of leveraged resources which meets the requirements stated in the 
application. This is optional; applicants who cannot, or choose not to, 
provide firm documentation of resources as part of the application will 
forego any points for leveraging.
    (7) Cost effectiveness. VA will award up to 100 points for cost 
effectiveness. Projects will be rated based on the cost and number of 
new supportive housing beds made available or the cost, amount and 
types of supportive services made available, when compared to other 
transitional housing and supportive services projects, and when 
adjusted for high cost areas. Cost effectiveness may include using 
excess government properties (local, State, Federal), as well as 
demonstrating site control at the time of application.
    (8) Coordination with other programs. VA will award up to 200 
points based on the extent to which applicants demonstrate that they 
have coordinated with Federal, State, local, private and other entities 
serving homeless persons in the planning and operation of the project. 
Such entities may include

[[Page 37028]]

shelter, transitional housing, health care, or social service 
providers; providers funded through Federal initiatives; local planning 
coalitions or provider associations; or other programs relevant to the 
local community. Applicants are required to demonstrate that they have 
coordinated with the VA medical care facility of jurisdiction and VA 
Regional Offices of jurisdiction in their area. Higher points will be 
given to those applicants that can demonstrate that:
    (i) They are part of an ongoing community-wide planning process 
which is designed to share information on available resources and 
reduce duplication among programs that serve homeless veterans;
    (ii) They have consulted directly with other providers regarding 
coordination of services for project participants. VA will award up to 
50 points of the 200 points for this criterion based on the extent to 
which commitments to provide supportive services are available at the 
time of application. Applicants who wish to receive points under this 
optional criterion must submit documentation of supportive service 
resources.

Sec. 17.712  Selecting applications.

    (a) General. The highest-ranked applications will be conditionally 
selected in accordance with their ranked order, as determined under 
Sec. 17.711 of this part. Each will be requested, as necessary, to 
provide additional project information, as described in Sec. 17.713 of 
this part, as a prerequisite to a grant from VA.
    (b) Ties between applicants. In the event of a tie between 
applicants, VA will use the selection criterion in Sec. 17.711(d)(4) of 
this part, need for the type of project proposed in the area to be 
served, to determine which application should be selected for potential 
funding.
    (c) Procedural error. If an application would have been selected 
but for a procedural error committed by VA, VA will select that 
application for potential funding when sufficient funds become 
available if there is no material change in the information that 
resulted in its selection. A new application will not be required for 
this purpose.

Sec. 17.713  Obtaining additional information and awarding grants.

    (a) Additional information. Applicants who have been conditionally 
selected will be requested by VA to submit additional project 
information, as described in the second submission of the application, 
which may include:
    (1) Documentation to show that the project is feasible.
    (2) Documentation showing the sources of funding for the project 
and firm financing commitments for the march described in Sec. 17.706.
    (3) Documentation showing site control, as described in 
Sec. 17.731.
    (4) Information necessary for VA to ensure compliance with the 
provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321, et seq.), as described in Sec. 17.714.
    (5) A site survey performed by a licensed land surveyor. A 
description of the site shall be submitted noting the general 
characteristics of the site. This should include soil reports and 
specifications, easements, main roadway approaches, surrounding land 
uses, availability of electricity, water and sewer lines, and 
orientation. The description should also include a map locating the 
existing and/or new buildings, major roads, and public services in the 
geographic area. Additional site plans should show all site work 
including property lines, existing and new topography, building 
locations, utility data, and proposed grades, roads, parking areas, 
walks, landscaping, and site amenities.
    (6) Design development (35 percent) drawings.
    (i) The applicant shall provide to VA one set of sepias and two 
sets of prints, rolled individually per set, to expedite the review 
process. The drawing shall indicate the designation of all spaces, size 
of the areas and rooms and indicate in outline the fixed and moveable 
equipment and furniture. The drawings shall be drawn at \1/8\'' or \1/
4\'' scale. Bedroom and toilet layouts, showing clearances and Uniform 
Federal Accessibility Standards requirements, should be shown at \1/
4\'' scale. The total floor and room areas shall be shown in the 
drawings. The drawings shall include:
    (A) A plan of any proposed demolition work;
    (B) A plan of each floor. For renovation, the existing conditions 
and extent of new work should be clearly delineated;
    (C) Elevations;
    (D) Sections and typical details;
    (E) Roof plan;
    (F) Fire protection plans; and
    (G) Technical engineering plans, including structural, mechanical, 
plumbing, and electrical drawings.
    (ii) If the project involves acquisition, remodeling, or 
renovation, the applicant should include the current as-built site 
plan, floor plans and building sections which show the present status 
of the building and a description of the building's current use and 
type of construction.
    (7) Design development outline specifications. The applicant shall 
provide eight copies of outline specifications which shall include a 
general description of the project, site, architectural, structural, 
electrical and mechanical systems such as elevators, air conditioning, 
heating, plumbing, lighting, power, and interior finishes (floor 
coverings, acoustical material, and wall and ceiling finishes).
    (8) Design development cost estimates. The applicant shall provide 
three copies of cost estimates showing the estimated cost of the 
buildings or structures to be acquired or constructed in the project. 
Cost estimates should list the cost of construction, contract 
contingency, fixed equipment not included in the contract, movable 
equipment, architect's fees and construction supervision and 
inspection.
    (9) A design development conference. After VA reviews design 
development documents, a design development conference may be 
recommended in order to provide applicants and their architects an 
opportunity to learn VA procedures and requirements for the project and 
to discuss VA review comments.
    (10) Such other documentation as specified by VA in writing to the 
applicant, that confirms or clarifies information provided in the 
application.
    (b) Receipt of additional information. The required additional 
information must be received in acceptable form within the time frame 
established by VA in a notice of fund availability published in the 
Federal Register. VA reserves the right to remove any proposed project 
from further consideration for grant assistance if the required 
additional project information is not received in acceptable form by 
the established deadline.
    (c) Grand award. Following receipt of the additional information in 
acceptable form (and, where applicable, provided that the environmental 
review described in Sec. 17.714 indicates that the proposed project is 
environmentally acceptable to VA), to the extent funds are available VA 
will approve the application and send a grant agreement for execution 
to the applicant.

Sec. 17.714  Environmental review requirements.

    (a) Generally. Project selection is subject to completion of an 
environmental review of the proposed site, and the project may be 
modified or the site rejected as a result of that review. The 
environmental effects must

[[Page 37029]]

be assessed in accordance with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) (NEPA) as 
implemented pursuant to the Council on Environmental Quality's 
applicable regulations (40 CFR parts 1500-1508) and VA's applicable 
implementing regulations (38 CFR part 26).
    (b) Responsibility for review. (1) VA will perform the 
environmental review, in accordance with part 26 of this title, for 
conditionally selected applications received directly from private 
nonprofit organizations and governmental entities with special or 
limited purpose powers. VA is not permitted to approve such 
applications prior to its completion of this review. Because of time 
constraints, any application subject to environmental review by VA that 
requires an Environmental Impact Statement (EIS) (generally, an 
application that VA determines would result in a major Federal action 
significantly affecting the quality of the human environment in 
accordance with the environmental assessment procedures (at 38 CFR part 
26) will not be eligible for assistance under this part.
    (2) Applicants that are States, metropolitan cities, urban 
counties, Indian tribes, or other governmental entities with general 
purpose powers shall include environmental documentation for the 
project by submitting information establishing a Categorical Exclusion 
(CE), a proposed Environmental Assessment (EA), or a proposed 
Environmental Impact Statement (EIS). The environmental documentation 
will require approval by VA before final award of a construction or 
acquisition grant under this part. (See 38 CFR 26.6 for compliance 
requirements.) If the proposed actions involving construction or 
acquisition do not individually or cumulatively have a significant 
effect on the human environment, the applicant shall submit a letter 
noting a CE. If construction outside the walls of an existing structure 
will involve more than 75,000 gross square feet (GSF), the application 
shall include an EA to determine if an EIS is necessary for compliance 
with section 102(2)(c) of the National Environmental Policy Act 1969. 
When the application submission requires an EA, the State shall briefly 
describe the possible beneficial and/or harmful effect which the 
project may have on the following impact categories:
    (i) Transportation;
    (ii) Air quality;
    (iii) Noise;
    (iv) Solid waste;
    (v) Utilities;
    (vi) Geology (soils/hydrology/flood plains);
    (vii) Water quality;
    (viii) Land use;
    (ix) Vegetation, wildlife, aquatic, and ecology/wetlands;
    (x) Economic activities;
    (xi) Cultural resources;
    (xii) Aesthetics;
    (xiii) Residential population;
    (xiv) Community services and facilities;
    (xv) Community plans and projects; and
    (xvi) Other.
    (3) If an adverse environmental impact is anticipated, the action 
to be taken to minimize the impact should be explained in the EA. An 
entity covered by this section that believes that it does not have the 
legal capacity to carry out the responsibilities required by 38 CFR 
part 26 should contact the VA Homeless Providers Grant and Per Diem 
Program, Mental Health and Behavioral Sciences Service (111C), U.S. 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420, for further instructions. Determinations of legal capacity will 
be made on a case-by-case basis.

Sec. 17.715  Aid for supportive services and supportive housing.

    (a) Per diem payments. Aid in the form of per diem payments may be 
paid to an entity meeting the requirements of the regulations of this 
part under the heading ``VA Homeless Providers Grant and Per Diem 
Program,'' including the specific criteria of Sec. 17.716, if:
    (1) VA referred the homeless veteran to a recipient of a grant 
under this part (or entity eligible for such a grant as described in 
Sec. 17.716); or
    (2) VA authorized the provision of supportive services or 
supportive housing for the homeless veteran.
    (b) In-kind assistance. In lieu of per diem payments under this 
section, VA may, with approval of the grant recipient (or entity 
eligible for such a grant as described in Sec. 17.716), provide in-kind 
assistance through the services of VA employees and the use of other VA 
resources, to a grant recipient (or entity eligible for such a grant as 
described in Sec. 17.716).
    (c) Selection of per diem applicants. In awarding per diem 
assistance, applications from grant recipients and non-grant recipients 
will be reviewed and ranked separately. Funds will first be awarded to 
grant recipients who request such assistance. If funds are still 
available for non-grant recipients, VA will announce funding through a 
Notice of Funding Availability (NOFA) process as described in 
Sec. 17.708. VA will not award any per diem payments when doing so 
would decrease funding to those entities already receiving such 
payments. For both grant recipients and non-grant recipients, 
eligibility will be determined by the criteria described in 
Sec. 17.716, and applications will be ranked according to scores 
achieved on the portions of the application described in 
Sec. 17.716(b)(4). Applicants must score a minimum of 500 points on 
these portions to be eligible for per diem. Those applicants that meet 
the eligibility criteria will be conditionally selected for per diem 
assistance. Funds will be allocated to the highest ranked conditionally 
selected applicants in descending order until funds are expended. 
Payments will be contingent upon meeting the requirements of a site 
inspection conducted by VA pursuant to Sec. 17.721.
    (d) Continued receipt of per diem assistance. (1) Continued receipt 
of per diem assistance for both grant recipients and non-grant 
recipients will be contingent upon maintaining the program for which 
per diem is provided so that it would score at least the required 
minimum 500 points as described in Sec. 17.716(b)(4) on the 
application. VA will ensure compliance by conducting inspections as 
described in Sec. 17.721.
    (2) Where the recipient fails to comply with paragraph (d)(1) of 
this section, VA will issue a notice of the Department's intent to 
discontinue per diem payments. The recipient will then have 30 days to 
submit documentation demonstrating why payments should not be 
terminated. After review of any such documentation, VA will issue a 
final decision on termination of per diem payment.
    (3) Continued payment is subject to availability of funds. When 
necessary due to funding limitations, VA will, in proportion to the 
decrease in funding available, decrease the per diem payment for each 
authorized veteran.

(Authority: 38 U.S.C. 501, 7721, note)

Sec. 17.716  Eligibility to receive per diem payments.

    An entity must be formally recognized by VA as eligible to receive 
per diem payments under this section before per diem payments can be 
made for the care of homeless veterans, except that per diem payments 
may be made on behalf of a veteran up to three days prior to this 
recognition.
    (a) A grant recipient will be eligible if it receives the minimum 
score as described in paragraph (b)(4) of this section.
    (b) A non-grant recipient will be eligible if it is an entity 
eligible to

[[Page 37030]]

receive a grant, which for the purposes of this section means:
    (1) At least 75 percent of persons who are receiving supportive 
services or supportive housing from the entity are veterans who may be 
included in computation of the amount of aid payable from the 
Department of Veterans Affairs;
    (2) The supportive services or supportive housing program for which 
per diem payments is requested was established after November 10, 1992;
    (3) The entity is a public or nonprofit private entity; and
    (4) The entity scores at least 500 cumulative points on the 
following sections of the Grant/Per Diem application: Quality (1); 
Targeting (2); Ability (3); Description of Need (4); and Coordination 
with Other Programs (8). These sections correspond to the selection 
criteria of Sec. 17.711(c).
    (c) For grant recipients, only those programs that provide 
supportive services or supportive housing (or the portions thereof) 
created with grant funds will be considered for per diem assistance. 
For non-grant recipients, only those portions of the supportive 
services or supportive housing described in the application will be 
considered for per diem assistance.

(Authority: 38 U.S.C. 501, 7721, note)

Sec. 17.717  Request for recognition of eligibility.

    (a) Requests for recognition of eligibility may be addressed to the 
VA Homeless Providers Grant and Per Diem Programs; Mental Health and 
Behavioral Sciences Service (111C), U.S. Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
    (b) For non-grant recipients, the receipt of application for per 
diem will constitute the request for recognition of eligibility. Grant 
recipients seeking per diem assistance will indicate this request on 
the application. Grant recipients are not required to complete a 
separate application for per diem assistance. VA will review those 
portions of the grant application that pertain to per diem. Those 
entities already receiving a grant must submit a request for 
recognition to initiate the scoring of their application for per diem 
payments.

(Authority: 38 U.S.C. 501, 7721, note)

Sec. 17.718  Approval of annexes and new facilities.

    Separate applications for recognition must be filed for any annex, 
branch, enlargement, expansion, or relocation of the site of service 
provision of an eligible entity's facility which is not on the same or 
contiguous grounds on which the parent facility is located. When an 
eligible entity establishes sites which have not been inspected and 
approved by VA, a request for separate approval of such sites must be 
made. The prohibitions in Sec. 17.720 are also applicable to 
applications for aid on behalf of any veterans cared for in a new 
annex, branch or enlarged, expanded or relocated facility.

Sec. 17.719  Amount of aid payable.

    The per diem amount payable for supportive housing is the current 
VA State Home Program per diem rate for domiciliary care as set forth 
in 38 U.S.C. 1741. The per diem amount payable for supportive services, 
not provided in conjunction with supportive housing, is $1.10 for each 
half-hour during which supportive services are provided up to $17.60 
per day. These rates will be paid provided, however, the per diem 
amount for supportive housing or supportive services (not provided in 
conjunction with supportive housing) do not exceed one-half of the cost 
to the per diem recipient of providing the services. Also, provided 
further, per diem payment for supportive housing and supportive 
services may be lessened because of budget restrictions as described in 
Sec. 17.715(d)(3). Per diem payments may not be paid for a veteran for 
both supportive housing and supportive services (not in conjunction 
with supportive housing).

(Authority: 38 U.S.C. 501, 7721, note)

Sec. 17.720  [Amended]

    4. In Sec. 17.720, paragraphs (a) introductory text, (a)(1), and 
(a)(2) are amended by removing ``17.715(a)'' and adding, in their 
place, ``17.716''.

[FR Doc. 96-17836 Filed 7-15-96; 8:45 am]
BILLING CODE 8320-01-P

Complete official Federal Register PDF

FR Doc. 96-17824 Revisions to Digital Flight Data Recorder Rules
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37144-37181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17824]

[[Page 37143]]

_______________________________________________________________________

Part IV

Department of Transportation

_______________________________________________________________________

Federal Aviation Administration

_______________________________________________________________________

14 CFR Parts 121, 125, 129, and 135

Revisions to Digital Flight Data Recorder Rules; Proposed Rule

Federal Register / Vol. 61, No. 137 / Tuesday, July 16, 1996 / 
Proposed Rules

[[Page 37144]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, 129, and 135

[Docket No. 28109; Notice No. 96-7]
RIN 2120-AF-76

Revisions to Digital Flight Data Recorder Rules

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to revise and update the Federal 
Aviation Regulations to require certain operators to record additional 
digital flight data recorder (DFDR) parameters. These revisions follow 
a series of safety recommendations issued by the National 
Transportation Safety Board (NTSB) and the Federal Aviation 
Administration's (FAA) decision that the DFDR rules should be revised 
to upgrade recorder capabilities in most transport airplanes. These 
revisions would allow additional information to be collected to ensure 
more thorough accident or incident investigation and to enable industry 
to predict certain trends and make necessary modifications before an 
accident or incident occurs.

DATES: Comments on the proposed revisions to parts 121, 125, and 135 
must be received by August 15, 1996. Comments on the proposed revisions 
to part 129 must be received by November 13, 1996.

ADDRESSES: Comments on this notice should be mailed, in triplicate to: 
Federal Aviation Administration, Office of Chief Counsel, Attention: 
Rules Docket (AGC-200), Docket No. 28109, 800 Independence Avenue SW., 
Washington, DC 20591. Comments delivered must be marked Docket No. 
28109. Comments may also be submitted electronically to the following 
Internet address: [email protected]. Comments may be examined in 
Room 915G weekdays, except on Federal holidays, between 8:30 a.m. and 5 
p.m.

FOR FURTHER INFORMATION CONTACT:
Frank Rock, Aircraft Engineering Division, Aircraft Certification 
Service, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591, telephone (202) 267-9567.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental energy, 
federalism, or economic impact that might result from adopting the 
proposal in this notice are also invited. Substantive comments should 
be accompanied by cost estimates. Comments should identify the 
regulatory docket or notice number and should be submitted in 
triplicate to the Rules Docket address specified above. All comments 
received on or before the closing date for comments specified will be 
considered by the Administrator before taking action on this proposed 
rulemaking. The proposal contained in this notice may be changed in 
light of comments received. All comments received will be available, 
both before and after the closing date for comments, in the Rules 
Docket for examination by interested persons. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket. Commenters wishing the FAA to 
acknowledge receipt of their comments submitted in response to this 
notice must include a pre-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. 28109.'' The 
postcard will be date stamped and mailed to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339), the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee Bulletin Board service (telephone: 202-267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs 
for access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM 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. Communications must identify the notice number or docket 
number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRM's should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, that 
describes the application procedure.

Background

Statement of the Problem

    The NTSB has submitted recommendations to the FAA to require the 
recordation of additional parameters on certain flight data recorders. 
These recommendations were submitted in response to accidents involving 
two Boeing 737 aircraft that were operated by two different air 
carriers. Both airplanes were equipped with flight data recorders 
(FDR's), but in neither case did the FDR provide sufficient information 
about airplane motion and flight control surface positions during the 
accident sequence to enable the NTSB to determine a probable cause in 
either accident.
    The history of aircraft accidents and the lack of information that 
has inhibited proper investigation of their causes is much broader than 
recent experience with the Boeing 737. Historical records of airplane 
incidents suggest that additional, reliable data for the entire fleet 
of transport category airplanes is necessary to identify causes of 
these incidents before accidents occur. This proposed rule seeks to 
expand the data collection requirements to include all parameters that 
can cost-effectively be collected.

History of FDR Regulations

    Since the original development of foil flight recorders, both the 
FAA and the NTSB have relied heavily on the data retrieved from them to 
aid in accident and incident investigation. The limited capability of 
the 6-parameter foil recorder made it virtually impossible to fully 
identify the probable cause of certain accidents, such as those related 
to windshear. Until the advent of more sophisticated flight data 
recorders, many accidents were assumed to be caused by pilot error 
since no other viable alternative could be identified. The high failure 
rate of those recorders and their limited recording capabilities led 
Congress to require the use of improved recorders.
    On March 25, 1987, the FAA promulgated a final rule that required 
operators, by May 26, 1995, to install improved (11-parameter digital) 
flight data recorders [DFDR's] on all airplanes type certificated on or 
before September 30, 1969, and operated under part 121 of the Federal 
Aviation Regulations (52 FR 9622). The final rule, adopted as 14 CFR 
121.343(c), was issued in response to a recommendation from the NTSB 
that was based on accident/incident files for January 1983 to February 
1986

[[Page 37145]]

that revealed a high failure rate for metal foil flight recorders. The 
data revealed that 37 recorders (48 percent) had one or more 
malfunctioning parameters preceding the accident or incident, 
preventing the recording or readout of pertinent data.
    On July 11, 1988, the FAA promulgated a final rule that required 
the recording of additional parameters for certain newer airplanes. 
Airplanes manufactured after May 26, 1989, and certain other airplanes 
were required to have a DFDR that would record 17 or more parameters.
    In August 1991, the Air Transport Association (ATA) petitioned the 
FAA for an exemption from Sec. 121.343(c). The ATA stated that the 1994 
compliance date for the DFDR retrofit was inappropriate when 
considering the schedule for either retrofitting airplanes with nose 
abatement equipment or retiring airplanes in order to comply with the 
Stage 3 transition mandated in September 1991 (56 FR 48628, September 
25, 1991). The FAA denied the ATA exemption request, stating that the 
Stage 3 transition rule did not mandate the retirement of any Stage 2 
airplanes. The FAA pointed out that noise abatement equipment was 
expected to be available for virtually the entire active fleet.
    In June 1992, the ATA again requested that the FAA extend the May 
26, 1994, DFDR compliance date for its members and similarly situated 
operators. In the alternative, the ATA requested that the FAA establish 
a delayed DFDR retrofit schedule that coincided with the Stage 3 
transition interim compliance dates to avoid having to install new 
DFDR's on airplanes that were scheduled to be retired. The ATA asserted 
that the compliance deadline would require its members to install 
DFDR's on Stage 2 airplanes that would be retired within 5\1/2\ years 
of the May 1994 compliance date to remain in compliance with the part 
91 noise operating rule. The ATA asserted that this DFDR retrofit 
requirement for State 2 airplanes would impose substantial costs on 
them with little perceived benefit.
    On January 29, 1993, the FAA granted an exemption to ATA members to 
operate certain Stage 2 airplanes equipped with DFDR's that have 6 
rather than 11 operational parameters until the aircraft are retired, 
but no later than December 31, 1998.
    On November 17, 1993, the ATA submitted a petition for rulemaking 
to amend Sec. 121.343. The ATA stated that the exemption granted did 
not provide the scope of relief necessary for its members and similarly 
situated air carriers, and that a change to the rule was necessary. As 
justification for this proposed change, the ATA stated in its petition 
that there would be significant compliance costs and that there were 
problems with the technical requirements of DFDR installation.
    In January 1994, to further support its petition, the ATA presented 
updated information indicating that conditions in the industry had 
changed further, and that meeting the May 26, 1994, compliance date 
would be impossible for a significant number of Stage 2 airplanes 
because of changes in fleet plans, and equipment availability and 
certification difficulties.
    Although the FAA was unable to support the ATA position, the agency 
stated that some relief was needed from the combined impact of the 
Stage 3 transition and DFDR retrofit rules and the then-current 
equipment availability problems, at least as far as Stage 2 airplanes 
were concerned. Accordingly, in May 1994, the FAA amended 
Sec. 121.343(c) to provide to part 121 operators up to one year of 
relief for the retrofit of Stage 2 airplanes that were subject to the 
noise transition requirements of 14 CFR part 91. The extension of the 
compliance date for 11-parameter DFDR's on Stage 2 airplanes to May 
1995 was intended to allow operators to retire some of the affected 
airplanes as of the December 31, 1994, noise compliance deadline, and 
to acquire the necessary equipment for the remaining Stage 2 airplanes. 
No problems with meeting the 1995 compliance date were reported.

NTSB Recommendations

    On February 22, 1995, the NTSB submitted recommendations A-95-25, 
A-95-26, and A-95-27, which recommended that the FAA require upgrades 
of the flight data recorders installed on certain airplanes to record 
certain additional parameters not required by the current regulations. 
As justification for these recommendations, the NTSB submitted 
background information. The full recommendation has been placed in the 
docket for this rulemaking and is summarized below.
    On September 8, 1994, a USAir Boeing 737-300, flight 427, was on a 
scheduled passenger flight from Chicago, Illinois, to Pittsburgh, 
Pennsylvania. During the approach to Pittsburgh, the airplane suddenly 
rolled to the left and pitched down until it reached a nearly vertical 
attitude and struck the ground near Aliquippa, Pennsylvania. The 
airplane was destroyed; none of the 5 crewmembers or 127 passengers 
survived. The NTSB's investigation of this accident is continuing, and 
no probable cause has yet been determined.
    On March 3, 1991, a United Airlines Boeing 737-291, flight 585, was 
on a scheduled passenger flight from Denver to Colorado Springs, 
Colorado. As the airplane was completing the turn to final approach, it 
rolled rapidly to the right and pitched down, reaching a nearly 
vertical attitude before it struck the ground. The airplane was 
destroyed; none of the five crewmembers or 20 passengers survived. In 
its report, the NTSB was unable to make a determination of probable 
cause of the accident.
    Both airplanes were equipped with flight data recorders. In neither 
case did the recorder provide information about airplane motion and 
flight control surface positions during the accident sequence that the 
NTSB has stated would be important in determining a probable cause of 
the accident.
    In the Colorado Springs accident, five flight data parameters--
altitude, airspeed, heading, vertical acceleration, and microphone 
keying--were recorded by the FDR in accordance with Sec. 121.343 for 
airplanes of its age. The FDR of the airplane involved in the Colorado 
Springs accident was not required to record other parameters that the 
NTSB has cited as critical to its accident investigation, including 
airplane pitch and roll attitude, engine thrust values, lateral and 
longitudinal acceleration, control wheel position, rudder pedal 
position, and the position of control surfaces such as the rudder, 
aileron, and spoiler.
    The Aliquippa accident also involved a Boeing 737, but that 
airplane's FDR system had been retrofitted with six additional 
parameters in anticipation of the 1995 deadline for these enhancements. 
However, the additional parameters did not include information on the 
positions of cockpit controls, flight control surface position, lateral 
acceleration, or autopilot status parameters that the NTSB has stated 
hampered its continuing accident investigation. In a public hearing on 
the accident, conducted by the NTSB in Pittsburgh, Pennsylvania, on 
January 23-27, 1995, witnesses from the FAA, aircraft manufacturers, 
and airlines agreed that additional FDR parameters would have assisted 
the NTSB in determining the probable cause of this accident.
    Had the airplanes involved in the Colorado Springs and Aliquippa 
accidents been equipped with enhanced FDR's, the NTSB stated that the 
information from the additional parameters would have allowed it to 
quickly identify any abnormal control

[[Page 37146]]

surface movements, configuration changes, or autopilot status changes 
that may have been involved in the loss of airplane control. This 
information from the additional parameters might also have allowed the 
NTSB to rule out certain factors, if warranted, and to focus its 
investigations on other areas.
    The NTSB has stated that the additional data parameters recorded on 
some FDR's substantially aided its investigation of two regional 
airline accidents that occurred during 1994. The first accident 
occurred on October 31, 1994, while an American Eagle ATR-72-210, 
flight 4184, was on a scheduled flight from Indianapolis, Indiana, to 
Chicago, Illinois. The flight had been placed in a holding pattern over 
Roselawn, Indiana, because of weather delays at O'Hare Airport. The 
flight was cleared to remain in the holding pattern and to descend from 
10,000 to 8,000 feet. The airplane rolled to the right, entered a steep 
descent, and struck the ground. None of the 64 passengers or 4 
crewmembers survived. The NTSB's continuing investigation has not yet 
determined the probable cause of the accident; however, information 
from the enhanced FDR enabled the NTSB to identify, within hours after 
receiving the recorder in its laboratories, the key events leading to 
the airplane's departure from controlled flight and the events during 
its final descent.
    The ATR-72 was equipped with an FDR that recorded 98 parameters, 
including vane angle of attack (VAOA), aileron bellcrank position, flap 
position, aileron trim position, and autopilot engagement status. The 
FDR data showed that, as the airplane was descending through 9,400 
feet, the wing flaps began to retract and the airplane's VAOA 
increased. As the VAOA reached 5 degrees, the autopilot disengaged, and 
within \1/4\ second the ailerons deflected to near maximum travel in 
the right-wing-down direction. The FDR data also showed that the 
rolling moment was reversed when the VAOA was reduced to below 5 
degrees and the ailerons deflected in the left-wing-down direction. The 
right rolling moment recurred as the VAOA again increased to 5 degrees 
and the ailerons deflected in the right-wing-down direction. Control of 
the airplane was not restored in time to prevent impact with the 
ground.
    The data available from the ATR-72 FDR indicated to investigators 
that the airplane rolled as expected in response to aileron control 
surface movements, and that the aileron movements were correlated with 
increases in the airplane's angle of attack. As a result, the NTSB was 
able to focus its efforts on possible explanations for the aileron 
control surface movements and, within days of the accident, the NTSB 
issued safety recommendations to minimize the likelihood of similar 
occurrences in the future. As part of its continuing investigation, the 
NTSB is also examining readouts from FDR's with expanded parameters 
from seven other ATR airplanes that have reportedly encountered flight 
control anomalies, three of which have shown similarities to those 
recorded before the accident.
    In the second accident, on February 1, 1994, an American Eagle Saab 
340B, flight 3641, was approaching Baton Rouge, Louisiana, on a 
scheduled passenger flight from Dallas/Fort Worth, Texas. As the 
airplane descended through 9,000 feet, both engines failed. The 
flightcrew executed a forced landing at False River Air Park in New 
Roads, Louisiana, during which the airplane sustained substantial 
damage. A flight attendant received minor injuries during the emergency 
evacuation. The 2 pilots and 23 passengers aboard were not injured.
    The FDR installed on the Saab 340B recorded 128 parameters. Data 
from the FDR showed that as the airplane descended through 9,040 feet, 
there was a rapid rise of both propellers' rotational speed to well 
above the maximum allowable revolutions per minute. Because the FDR was 
equipped to capture the positions of the engine power levers as well as 
the engine RPM's, the NTSB was able to determine that at the same time 
the propeller speed increased, the power levers moved from the flight 
idle gate position to aft of the ground idle detents. The airplane's 
approved flight manual prohibits such power lever movements while in 
flight. This flightcrew action explained the propeller overspeed, which 
resulted in dual engine failure. With the expanded FDR data, the NTSB 
was able to rule out alternative explanations for the propeller 
overspeed, including propeller system failures that previously had 
affected similar propellers installed in another turboprop regional 
airliner.
    The importance of FDR data is not limited to investigations of 
catastrophic accidents. Flight recorder data from incidents, which are 
less serious but more common, can provide information to help prevent 
accidents involving similar circumstances. Following the Colorado 
Springs and Aliquippa accidents, the NTSB investigated 28 Boeing 737 
incidents (U.S. operators) involving anomalous rudder activity or 
uncommanded roll oscillations. The FDR's aboard these incident 
airplanes, however, were not equipped to record flight control surface 
positions, flight control inputs, or lateral acceleration. Like 79 
percent of all U.S.-registered Boeing 737's, the airplanes involved in 
the incidents were manufactured prior to May 26, 1989; consequently, 
they were required to record only the five basic FDR parameters. As a 
result, certain objective data were not available from the FDR's, and 
investigators had little more than the flightcrews' subjective 
recollections of these incidents to aid in determining cause.
    In contrast to the investigations of 28 Boeing 737 incidents, for 
which important FDR data were not available, investigations of other 
incidents have been greatly aided by the availability of enhanced 
recorded information. These incidents involved airplanes equipped with 
a digital data bus that transmits information from many sensors to the 
onboard recording devices.
    In 1993, a British Airways Boeing 747-436 experienced a nose-down 
pitching moment immediately after departure from London Heathrow 
Airport. The captain avoided ground contact by exerting substantial 
back pressure on his control column. The incident was investigated by 
the United Kingdom's Air Accidents Investigation Branch (AAIB). Use of 
information recorded by a Quick Access Recorder (QAR) was useful in the 
AAIB's investigation, and led to a recommendation that the FAA require 
modifications of Boeing 747 hydraulic systems and elevator power 
control units.
    Between June and August 1993, an Air France Boeing 737-300 airplane 
experienced three rudder deflection anomalies. For each incident, 
approximately 206 flight data parameters were available to the French 
accident investigation authority. The data were recorded on QAR's, and 
available parameters included control surface positions, flight path 
data, acceleration in three axes, yaw damper, and autopilot modes. The 
NTSB is evaluating the data from these incidents for possible 
applicability to the Aliquippa and Colorado Springs accidents.
    The data parameters currently required to be recorded on FDR's are 
based on the NTSB's accident investigation experience and the capacity 
of the recording devices. Historically, many accidents investigated by 
the NTSB focused on wind shear, takeoff overruns, and instances of 
controlled flight into terrain; fewer accidents may have involved the 
inflight loss of lateral or directional control. In response, FDR

[[Page 37147]]

parameter requirements focused on airplane performance (such as 
airspeed, altitude, and longitudinal acceleration) rather than on 
flight controls (such as rudder position and trim settings). However, 
recent accidents and incidents have persuaded the NTSB that more 
information about flight controls should be recorded by FDR's.
    Among the additional flight control parameters cited as important 
by the NTSB are those that pertain to the positions of flight control 
inputs and control surface positions. Under current rules. Airplanes 
fitted with conventional flight controls are permitted to record either 
the cockpit control input (such as control wheel position) or the 
control surface position (such as the direction and amount of aileron 
deflection), if one can be derived from the other. However, in its 
investigations of the recent Boeing 737 accidents, the NTSB found that 
in some failure modes, flight control surfaces could move independently 
of cockpit flight control inputs. Also, under some conditions, 
additional information is needed by investigators to determine whether 
the controls on the flight deck caused the control surfaces to move, or 
vice versa. Consequently, the NTSB strongly recommends that FDR's 
should record both the control inputs and control surface positions.
    Flight control trim information, including the positions of trim 
controls for roll and yaw, also has been found to be essential during 
recent accident investigations. For example, the aileron and rudder 
trim parameters provided answers to critical questions early in the 
investigation of the Roselawn accident. The airplane involved had 
previously experienced trim anomalies; the FDR revealed none on the 
accident flight.
    Recent technological changes have made feasible the acquisition and 
storage of large amounts of data on FDR's. Today, even for older 
airplanes, many FDR systems are capable of recording additional 
parameters because of unused capacity in the flight recording system. 
In terms of flight recording systems, there are two general categories 
of airplanes in the current air carrier fleet: those that operate 
predominately with analog systems, and those that operate predominately 
with digital systems.
    On an airplane that operates with an analog system, information 
from remotely located data sensors (for example, a rudder position 
sensor located in the tail section) is transmitted in an analog format 
to the FDR via dedicated wires. The information is then converted to 
digital format in the FDR or the flight data acquisition unit (FDAU).
    On an airplane equipped with a digital data bus, information is 
transmitted in digital format from a multitude of sensors, along a 
single, high-capacity communications pathway (data bus). Information 
transmitted on the bus is provided to a number of systems, including 
flight management computers. cockpit displays, QAR's, and FDR's. 
Additional data can be fed from the bus to the FDR, based on 
information that is already on the bus for other purposes or added to 
the bus by new sensors.
    During the public hearing on the Aliquippa accident, a major U.S. 
air carrier expressed concern about the costs of upgrading FDR's on the 
carrier's fleet. The NTSB recognized that enhanced FDR capability needs 
to be weighed against the costs. However, the Board also believes that 
the costs should be balanced against the remaining useful life and 
revenue-earning potential of an airplane.
    The NTSB believes that transport category airplanes of a type that 
is still in production and operated under 14 CFR Parts 121, 125, or 135 
should be retroffitted with the sensors and FDAU needed to record the 
parameters listed in its recommendation. Further, certain airplanes 
that are out of production but continue to be heavily used in U.S. 
airline fleets should also be retrofitted to record the parameters 
listed in its recommendation.
    The NTSB recommended that the FAA complete its rulemaking on FDR 
enhancements by December 31, 1995, and that upgrades be completed by 
January 1, 1998. Further, since Boeing 737 airplanes account for about 
23 percent of the U.S. air carrier fleet, the NTSB recommends that FDR 
enhancement be accomplished sooner for these airplanes. The NTSB 
recommended that the FAA require all Boeing 737 airplanes operated 
under 14 CFR Parts 121 and 125 be equipped by December 31, 1995, with 
FDR's that record the parameters required by current regulations plus 
lateral acceleration, flight control inputs for pitch, roll, and yaw, 
and primary flight control surface positions for pitch, roll, and yaw.
    The following recommendations were submitted by the NTSB to the 
Federal Aviation Administration:
    I. Require that each Boeing 737 airplane operated under 14 CFR Part 
121 or 125 be equipped, by December 31, 1995, with a flight data 
recorder system that records, as a minimum, the parameters required by 
current regulations applicable plus the following parameters: lateral 
acceleration, flight control inputs for pitch, roll, and yaw, and 
primary flight control surface positions for pitch, roll, and yaw. 
(Classified as Class I, Urgent Action) (Recommendation No. A-95-25)
    II. Amend, by December 31, 1995, 14 CFR Secs. 121.343, 125.225, and 
135.152 to require that Boeing 727 airplanes, Lockheed L-1011 
airplanes, and all transport category airplanes operated under 14 CFR 
Parts 121, 125, or 135 whose type certificates apply to airplanes still 
in production, be equipped to record on a flight data recorder system, 
as a minimum, the parameters listed in ``Proposed Minimum FDR Parameter 
Requirements for Airplanes in Service'' plus any other parameters 
required by current regulations applicable to each individual airplane. 
Specify that the airplanes be so equipped by January 1, 1998, or by the 
later date when they meet Stage 3 noise requirements but, regardless of 
Stage 3 compliance status, no later than December 31, 1999. (Classified 
as Class II, Priority Action) (Recommendation No. A-95-26)
    III. Amend, by December 31, 1995, 14 CFR 121.343, 125.225, and 
135.152 to require that all airplanes operated under 14 CFR Parts 121, 
125, or 135, having 10 or more seats, and for which an original 
airworthiness certificate is received after December 31, 1996, record 
the parameters listed in ``Proposed FDR Enhancements for Newly 
Manufactured Airplanes'' on a flight data recorder having at least a 
25-hour recording capacity. (Classified as Class II, Priority Action) 
(Recommendation No. A-95-27)

FAA Response to the NTSB Recommendation

    The FAA responded to the above NTSB recommendations in a letter 
dated May 16, 1995, which is summarized below.
    In response to Safety Recommendation A-95-25, the FAA stated that 
it agrees that Boeing 737 airplanes that operate under 14 CFR Part 121 
or 125 should be equipped with flight data recorders that include, as a 
minimum, the parameters referenced in this safety recommendation. The 
proposed rule would require all Boeing 737 airplanes as well as certain 
other airplanes operated under 14 CFR Parts 121, 125, or 135 having 10 
or more seats to be equipped to record the parameters that were 
specified by the NTSB.
    The FAA received enough valid information from the public to 
determine that the schedule for retrofit completion by December 31, 
1995,

[[Page 37148]]

could not be met. The proposed date would have imposed an extremely 
aggressive retrofit schedule that, if it were physically possible, 
would have resulted in substantial airplane groundings and very high 
associated costs. Furthermore, if operators had been required to 
retrofit all Boeing 737 airplanes before the end of 1995, each of these 
airplanes might have had to undergo a second retrofit to meet the 
expanded requirements that are being proposed in response to NTSB 
Recommendations A-95-26 and -27.
    In response to NTSB recommendation A-95-26, the FAA agrees that 
airplanes still in production should be required to be equipped with 
DFDR's that record, as a minimum, the parameters listed in the NTSB 
recommendation.
    In response to NTSB recommendation A-95-27, the FAA agrees that 
airplanes operated under parts 121, 125, or 135 having 10 or more seats 
for which an original airworthiness certificate is received after 
December 31, 1996, should record the parameters listed in ``proposed 
FDR Enhancements for Newly Manufactured Airplanes'' on a flight data 
recorder having at least a 25 -hour recording capacity.
    On March 14, 1995, the FAA published in the Federal Register a 
notice of a public hearing, and solicited public comment pursuant to 
the NTSB recommendations. On April 20, 1995, the public hearing was 
held in Washington, DC. Eight speakers from the aviation community gave 
presentations. Copies of the presentations have been placed in the 
docket for this rulemaking.
    After reviewing the comments submitted and listening to the 
presentations, the FAA determined that it would be beneficial to have 
aviation industry personnel assist in any related rulemaking efforts. 
On June 27, 1995, the FAA published a notice in the Federal Register 
that the Aviation Rulemaking Advisory Committee (ARAC) established the 
Flight Data Recorder Working Group (60 FR 33247), which included 
members representing the Air Transport Association, Aerospace 
Industries Association of America. General Aviation Manufacturers 
Association, Regional Airline Association, Air Line Pilots Association, 
and the FAA. The NTSB was invited to participate in working group 
efforts in an advisory capacity. The working group's task was to 
recommend to ARAC rulemaking proposals or other alternatives that would 
satisfactorily address the NTSB recommendations. The ARAC could then 
make one or more recommendations to the FAA, and the FAA would 
determine whether to issue a proposal based on the ARAC recommendation.
    The ARAC DFDR working group first met in June 1995 in Washington, 
DC. Work continued on a draft proposed rulemaking until November, with 
members communicating by electronic mail, fax, telephone conference 
calls, and in person at subsequent working group meetings.
    Several elements of the proposed rule were discussed many times, 
including the characteristics that would define various classes of 
aircraft (e.g., date of certification, date of manufacture, current FDR 
equipment installations and configurations, equipment availability), 
the inclusion of certain airplane types in the applicability of a new 
rule, the compliance times attached to each category of airplane 
described.
    Despite numerous meetings and proposals, no consensus was reached 
as to the requirements that would be acceptable to the FAA, NTSB, 
airplane operators and airplane manufacturers. On November 15, 1995, 
the working group presented to the ARAC Executive Committee a summary 
of the work undertaken by the working group. The presentation 
highlighted the areas where consensus had not been reached, including 
some of the actual parameters that would be included in the final list 
of requirements and the differences between the proposed list and those 
required under the European Joint Aviation Requirements for Operations 
(JAR-Ops), whether airplanes with 10-19 passenger seats should be 
covered since they were not specifically mentioned in the NTSB 
recommendation, whether expected but not currently existing technology 
could be mandated in future requirements for new airplanes, and several 
issues concerning the cost figures used in the draft regulatory 
evaluation. The ARAC Executive Committee decided that each committee 
member would review the two versions of the proposed rulemaking 
document that were presented and make individual comments to be 
submitted to the FAA by December 1.
    Comments from several ARAC Executive Committee members were 
forwarded to the FAA on December 4. The ARAC Executive Committee made 
no formal recommendation to the FAA concerning the proposed rule 
documents reviewed and discussed at the November 15 meeting. Of the 
comments received on December 4, the general comments are addressed 
here; specific comments as to the inclusion or exclusion of certain 
provisions from the proposed rule are included in the explanation of 
the proposed rule provisions below.

General Comments From the ARAC Executive Committee Members

    Several members stated that the decision to propose to require up 
to 88 parameters for airplanes manufactured five years after the final 
rule is effective will create a disharmony with the European JAR-Ops 
and will create a disparity in the configuration of U.S. and European 
airplanes, limiting their exchange.
    The FAA acknowledges that the proposed requirement to record 88 
paramenters exceeds the 57 parameters being required by JAR-Ops, but no 
disharmony is created. The first 57 parameters (and their values in 
proposed Appendix M to part 121) were arranged so as to be the same as 
those rquired by JAR-Ops, at the suggestion and request of the working 
group members, including two U.S. manufacturers, they are considered 
harmonized. The fact that the U.S. requirement would exceed the 
European requirement is not disharmony, since there is no further JAR 
requirement with which the proposed rule could disagree. The 88 
paramenters came from the NTSB recommendation already discussed, which 
served as a basis for implementing a rule change. The FAA never 
represented that the proposed rule would be limited to JAR-Ops, since 
the agency understood that this would not satisfy the NTSB 
recommendation. In fact, the original NSTB recommendation included more 
than 88 parameters. The number was reduced slightly through certain 
parameter combinations and their rearrangement to coincide with JAR-
Ops.
    The NTSB has also indicated to the FAA that at least some of the 
European manufacturers are already equipping their airplanes to record 
88 or more parameters and that it does not anticipate a problem with 
the proposed requirement. Further, the NTSB is proposing through ICAO 
that the 88 parameters become the international standard; it is using 
the list and Appendix values developed for this proposed rule as its 
proposal to ICAO.
    Some members commented that it is difficult to visualize the 
proposed DFDR upgrade scheme by reading the rule language alone, and 
proposed that a flow chart be included to assist with a rule overview. 
The FAA agrees and is including a chart in the form of a matrix, but 
cautions that the chart is a summary and should not be regarded as a 
substitute for the actual rule language. The chart can be found in this

[[Page 37149]]

document, immediately following the general discussion of the proposed 
rule.
    At least one member recommends that a phased compliance schedule be 
adopted for upgraded DFDR installation, rather than the proposed 4-year 
compliance time to provide more flexibility to operators.
    The FAA does not understand why a mandatory schedule of compliance 
(with a suggested 35% of an operator's fleet requiring the upgrade 
within 2 years) is considered more flexible than a simple final 
compliance date in four years--an operator may comply as early as it 
likes within the proposed 4 years. The FAA's experience with compliance 
schedules has not always been positive, and several other operator 
compliance schedules already exist for other requirements. Adding yet 
another schedule for DFDR equipment modifications could lead to several 
schedule conflicts and result in numerous requests for exemptions and 
extensions compromising the intent of each rule involved. Accordingly, 
the FAA does not consider an additional compliance schedule to be 
advisable.
    Another comment suggesting that a 6-year compliance schedule be 
considered rather than 4 years is not addressed in this document 
because it was never proposed at the working group level, nor has any 
data been submitted as to the comparative costs of compliance. The FAA 
notes that longer compliance schedules almost always result in reduced 
costs. However, the proposed rule already exceeds the NTSB time 
recommendation for implementation of the upgrades, and the safety 
considerations of upgraded DFDR equipment are too serious to consider 
lengthening the proposed 4-year compliance time. The proposed 
compliance is the product of significant working group discussion and 
elimination of a 2-year alternative that was predicted to be nearly 
impossible because of equipment approval, availability and airplane 
down time. Without similar cost data from the commenter, a 6-year 
compliance time cannot be evaluated properly.
    The comments concerning the proposed compliance time imply some 
disagreement with the provision that upgrades must be installed 
beginning at the next heavy maintenance check that occurs two years 
after the effective date of the final rule (but in any case within four 
years). That provision was added to prevent operators from waiting 
until the last minute to install upgrades, causing a logjam in 
scheduling and equipment availability; a similar provision was shown to 
have worked well when the last amendment to the DFDR rules was done in 
1994. Further, at the working group meetings, this provision was not 
only acknowledged as necessary, the language was discussed and changed 
several times at the request of the member operators. Accordingly, the 
language that defines a heavy maintenance check as any time an airplane 
is scheduled to be out of service for 4 or more days and is scheduled 
to include access to major structural components is included in the 
proposed rule as a result of working group discussions and general 
agreement. No proposed phased compliance schedule or problem with the 
included provision was raised at the working group meetings.
    Similarly, operators of small airplanes comment that the same heavy 
maintenance check provision is inappropriate for their operations. The 
FAA has changed the proposed rule to include the words ``or 
equivalent'' in the provision that relates to smaller airplanes, and 
specifically requests that if operators of these airplanes have a more 
appropriate way of describing their maintenance practices so as to 
achieve a similar result, they should submit that language as a comment 
to the proposed rule. This issue was not raised at the working group 
level during drafting of the proposed rule.
    Several commenters stated that they felt that the proposed 
requirement to record lateral acceleration is unnecessary if both 
rudder pedal and rudder position are also recorded. The NTSB disagrees 
that lateral acceleration is redundant since it may show the effect of 
outside forces on an airplane that are separate from the effect of 
rudder movement. The NTSB cautions that the concern over lateral 
acceleration and rudder pedal and position is not limited to the 
accidents and incidents reported on the Boeing 737; the proposed 
requirement to record those parameters takes into account all airplane 
types and the critical nature of the information that such recordation 
may uncover. The NTSB also notes that the upgrade from dual to triaxial 
accelerometers may not necessarily be costly, as one commenter states, 
since at least one manufacturer has a ``trade-in'' program for that 
equipment. Manufacturers of this equipment are urged to supply the FAA 
with further data concerning the cost and availability of this 
equipment.
    Commenters also expressed some confusion over the effect of the 
proposed rule on airplanes currently covered by exemption No. 5593, 
Stage 2 airplanes that are scheduled to be retired and are allowed to 
operate with 6-parameter recorders through 1998. The terms of the 
exemption were clear when granted--it was only to be used for airplanes 
that were scheduled to be retired by the end of 1998; it was not an 
exemption that could be used to delay the upgrade to an 11-parameter 
recorder that was due in 1995. Accordingly, since any airplane covered 
by the exemption should be retired before the proposed compliance date, 
this proposed rule should have no effect on the exempted airplanes.
    As the FAA has stated previously, any airplane covered by the 
exemption that is not retired but is instead retrofitted to meet the 
Stage 3 noise requirements must also upgrade to an 11-parameter 
recorder before it is allowed to operate. If a decision to noise 
retrofit causes an airplane to have to undergo two DFDR retrofits--to 
an 11-parameter recorder to operate past 1998 and then to the 
requirement of this proposed rule--it is a decision of an individual 
operator, and will only result from a failure to effectively plan its 
fleet composition or by an abuse of the previous DFDR upgrade 
requirement and exemption No. 5593. The FAA does not intend to lengthen 
the term of the exemption for any operator.
    Finally, more than one commenter objected to the change that would 
require the recordation of both pilot inputs and actual control surface 
positions. The current requirements call for one or the other to be 
recorded. Discussion of this issue consumed an appreciable amount of 
time in the working group, and covered the perceived need for the data 
and the cost and capability of recording both parameters (input and 
output). Although consensus was not reached, the FAA is including this 
provision in the proposed rule because the NTSB considers it among the 
most critical of the recommended parameters. As stated previously, NTSB 
investigations have shown that in some failure modes, flight control 
surfaces can move independent of cockpit flight controls. Under some 
conditions, additional information is necessary to determine whether 
flight deck controls caused the control surfaces to move, or if the 
movement of the control surface caused the cockpit controls to move. 
The FAA accepts the NTSB recommendation since the current practice of 
allowing one input to be recorded to demonstrate the movement of both 
the control surfaces and cockpit controls has been shown to be 
insufficient.

General Discussion of the Proposal

    The FAA stresses that the ARAC working group provided valuable 
input to the proposed rule, and that many

[[Page 37150]]

issues were brought forth and the position of the members explained, 
even if consensus could not be reached on each issue. For example, 
there was basic agreement among the working group members as to the 
framework of the proposed rule, including the categories of airplanes 
to be upgraded in various phases. As described below, consensus could 
not be reached on the description of future-manufactured airplanes or 
the number of parameters that they would be required to record. 
Similarly, because of the considerable amount of time required to 
complete the economic analysis, the efforts of the working group were 
often well ahead of supporting economic data analysis, which included 
data that were supplied by the working group member organizations.
    As noted previously, the ARAC did not formally recommend either 
version of the draft proposed rules it received from the working group. 
Accordingly, the FAA is promulgating this NPRM based on the 
recommendations of the NTSB and the results of the significant working 
group efforts that it can support.
    If adopted, this proposed rule would amend the DFDR rules, and 
associated appendices, as they apply to airplanes operating under parts 
121, 125, 129, and 135. The current regulations, depending on the age 
of the airplanes, require as a minimum that either 11 or 17 parameters 
be recorded in every airplane; in some cases, more parameters must be 
recorded. Proposed requirements for part 125 closely parallel part 121 
requirements, except for minor differences in the age and configuration 
of affected airplanes. Part 129 does not currently have a DFDR 
requirement; however, the FAA is now proposing a DFDR requirement in 
part 129 for U.S.-registered airplanes. Proposed requirements for part 
135 would apply only to newly manufactured airplanes that will be used 
in schedules service; there are not retrofit requirements proposed for 
on-demand, nonschedules airplanes.
    The FAA recognizes that the program envisioned by the proposed rule 
would require a substantial financial undertaking by the airline 
industry. Accordingly, commenters are expressly invited to recommend 
alternative approaches that could reduce the cost burden. For example, 
are there certain airplanes or certain models of airplanes not 
discussed in this document that should be excluded from this proposed 
rule, and if so, what is the rationale for excluding these airplanes? 
Recognizing that a change in the proposed number of required parameters 
or the elimination of certain proposed parameters could significantly 
alter the costs involved, are there other, less costly means to obtain 
the information needed for accident and incident investigations? The 
FAA recognizes that cost could be reduced by further extending the 
compliance schedule; at the same time, NTSB needs critical information 
in a timely manner to complete its investigations effectively. If the 
compliance schedule is extended further, are there incentives that 
would encourage operators to comply earlier?
    Commenters advocating a different regulatory approach are strongly 
encouraged to set forth specific recommendations and explain both the 
costs and benefits involved in the changes recommended. The FAA will 
weigh any recommendations with particular care, and it can do so only 
if meaningful cost and safety data are provided.

Part 121

    The FAA proposes to amend Sec. 121.344 and add a new Sec. 121.344a. 
Current Sec. 121.343 is not being revised because it is necessary to 
retain the current regulations for airplanes that are excluded from 
compliance with these proposed amendments. Airplanes specifically 
excluded from the proposed FDR upgrade include State 2 airplanes that 
are subject to the phased compliance rules of Sec. 91.801(c). Following 
considerable analysis, the FAA has determined that, if they remain 
Stage 2, these airplanes do not have enough remaining useful life to 
justify the cost of FDR retrofit proposed by this document. The FAA has 
also proposed that certain other aircraft types that are no longer in 
production and are in limited use in air carrier operations be excluded 
because the cost associated with retrofitting these airplanes with new 
DFDR's would cause undue economic burden and would yield little safety 
return.
    The proposed amendments to Sec. 121.344 would require that all 
turbine-engine powered transport category airplanes--including 
airplanes having a seating capacity of 20-30 that were formerly 
operated under part 135--record at least 18 specified parameters, 
except for airplanes with more than two engines. In some cases, 
compliance would require a retrofit of a flight data recorder and/or 
the addition of sensors and wiring capable of recording the specified 
parameters, or a reprogramming of the current recorder to accommodate 
the specified parameters. Requirements for DFDR's on newer airplanes 
and newly manufactured airplanes are also being revised to require the 
recordation of additional parameters.
    On December 20, 1995, the FAA published a final rule ``Commuter 
Operations and General Certification and Operations Requirements'' (60 
FR 65832, FAA Docket No. 28154), which requires airplanes having a 
passenger seating configuration, excluding any required crewmember 
seat, of 10 to 19 seats to be operated under part 121. That rule did 
not address FDR's because this rulemaking project was in process. 
Proposed new Sec. 121.344a would apply to those airplanes formerly 
operated under part 135.
    Proposed Sec. 121.344 would require Boeing 737 airplanes to be 
equipped with the expanded flight data recorder systems recommended by 
the NTSB as part of the retrofit of the overall active fleet. The FAA 
determined that compliance with the NTSB recommendation to retrofit 
these airplanes by December 31, 1995, would have resulted in 
substantial airplane groundings and very high associated costs. 
Furthermore, if operators had been required to retrofit all Boeing 737 
airplanes before the end of 1995, each of these airplanes might have 
had to undergo a second retrofit to meet the expanded requirements 
depending on what is adopted as a result of NTSB Safety Recommendation 
A-95-26 and-27, discussed earlier in this document.
    Accordingly, this proposed rule reflects the FAA's adoption of the 
ARAC working group suggestion that NTSB recommendations A-95-25 and A-
95-26 be consolidated for rulemaking purposes.

Requirements for Transport Category Airplanes

    Proposed Sec. 121.344(a): This paragraph lists the operating 
parameters that would be required to be recorded by DFDR's required by 
this section. The list is consistent with both European standards and 
the parameters recommended by the NTSB in its ``Proposed FDR 
enhancements for newly manufactured airplanes.'' The ARAC working group 
used the European standards and the NTSB proposal as a basis for this 
list of parameters and made minor revisions to it that would apply to 
both new and in-service airplanes.
    The parameters listed in this paragraph are presented in order of 
their priority. Where the rule requires the recording of additional 
parameters based on the capability of installed equipment, the 
additional parameters should be selected in the order given in this 
paragraph. In some instances, individual parameters need only be

[[Page 37151]]

recorded if the equipment needed is already installed in the airplane. 
For example, angle of attack, Sec. 121.344(a)(32) need only be recorded 
if the sensor for that parameter is already installed. These parameters 
are designated ``when an information source is installed.'' In any 
instance, if a sensor is installed, the data must be made available to 
the FDR, unless it would compromise a critical function. Individual 
members of the ARAC working group suggested that something other than a 
``critical function'' be used as a basis. After further consideration, 
the FAA has determined that the term critical function is well 
understood by aircraft manufacturers in terms of FDR functions, and no 
new terms will be introduced.
    The introductory text to paragraph (a) also explains that when the 
phrase ``when an information source is installed'' is used, it 
indicates that no change in equipment was intended in requiring this 
parameter to be recorded. Although the parameters are listed in 
priority order in this paragraph, the ARAC considered that some of the 
parameters that carry the designated text should be required only when 
the recording system on the airplane is sufficient to record these 
parameters. Where recording one of the parameters that includes the 
noted phrase would require new equipment such as a DFDAU or recorder, 
that parameter is not required to be recorded.

Airplanes Manufactured on or Before October 11, 1991

    Proposed Sec. 121.344(b): Except for certain older airplanes 
(identified below), this paragraph establishes a final compliance date 
of [insert date 4 years from the effective date of the final rule], for 
all turbine-engine powered transport category airplanes manufactured on 
or before October 11, 1991. By that date, all affected airplanes must 
be equipped with a DFDR that is capable of recording the first 17 (or 
18) parameters listed in Sec. 121.344(a).
    Proposed Sec. 121.344(b)(1) would apply to airplanes that were not 
equipped with a flight data acquisition unit on [insert date of 
publication of NPRM], and currently record 11 parameters of flight 
data. The recordation of lateral acceleration, paragraph (a)(18), would 
be required for certain airplanes with more than two engines only if 
the capacity to record this parameter is available on the FDR. 
Information obtained during the rulemaking process indicated that for 
airplanes that were manufactured on or before October 11, 1991 that 
have more than two engines, the recording of lateral acceleration could 
exceed the capacity of installed recorders and would require an 
expensive equipment retrofit for the sake of one parameter.
    These non-FDAU airplanes would be required to record these 
parameters within the ranges, accuracies, and intervals specified in 
current Appendix B to part 121. Although this rule would create a new 
Appendix M, these older airplanes would continue to use the values in 
Appendix B that are currently in effect in order to stay within the 
capacity of installed recorders and other data acquisition equipment.
    Proposed Sec. 121.344(b)(2) would apply to airplanes that were 
equipped with a FDAU on [insert date of publication of NPRM] and 
currently are required under Sec. 121.343 to record 17 parameters of 
flight data. These airplanes would be required to record the parameters 
listed in paragraphs (a)(1) through (a)(22) by [insert date 4 years 
from publication of the NPRM]. This installation would be required at 
the next heavy maintenance check that occurs after 2 years from the 
effective date of the final rule, but no later than [insert date 4 
years after date of final rule]. Airplanes with FDAU's would be 
required to record the parameters within the ranges, accuracies, 
resolutions and recording intervals specified in proposed Appendix M to 
part 121. Proposed new Appendix M provides the ranges, accuracies, 
resolutions, and recording intervals for all parameters listed in 
paragraphs (a)(1) through (a)(88). In some instances, the values for 
certain parameters have been increased over those in current Appendix 
B.
    For all airplanes covered by proposed Sec. 121.344(b), the 
parameters listed in paragraphs (a)(12) through (a)(17) may be recorded 
from a single source.
    Proposed Sec. 121.344(c)(1) would require that as of [insert date 4 
years after effective date of final rule], all turbine-engine powered 
transport category airplanes that were manufactured on or before 
October 11, 1991, and that were equipped with a digital data bus and an 
ARINC 717 digital flight data acquisition unit (DFDAU) or its 
equivalent on [insert publication date of NPRM], record the parameters 
listed in paragraphs (a)(1) through (a)(22). Paragraph (c)(1) would 
also require that the parameters be recorded in accordance with the 
specifications in proposed Appendix M. This paragraph would also permit 
the parameters described in paragraphs (a)(12) through (a)(14) to be 
recorded from a single source.
    Proposed Sec. 121.344(c)(2) introduces the term ``recording 
system'' which includes the DFDAU or equivalent and the DFDR. This 
paragraph would require that, based on the capacity of the recording 
system, all additional parameters (beyond those required by (c)(1)) for 
which there is capacity on the recorder system must be recorded in the 
order given in paragraph (a) and in accordance with the values listed 
in Appendix M.
    The term ``recording system'' was adopted to identify the 
components in question so as not to require upgraded equipment on 
airplanes retrofitted to meet the proposed requirements. Thus, 
additional parameters need only be recorded when such parameters are 
within the capacity of the flight data recordation system installed on 
any airplane. That term is used again later in the regulation.
    Proposed Sec. 121.344(c)(3) would require airplanes that were 
subject to Sec. 121.343(e) to continue to meet the requirements of that 
section until compliance with paragraph (c)(1) is accomplished.
    Paragraph (c) brings forward and upgrades the requirements of 
current Sec. 121.343(e). That section was originally adopted to require 
airplanes that were capable of recording more than the minimum required 
parameters to do so. At the time it was adopted, Sec. 121.343(e) 
referenced the ARINC 717 DFDAU because it was the ``state of the art,'' 
and the capability of recording additional parameters existed. The 
adoption of Sec. 121.343(e) reflected the FAA's growing awareness that 
the information gained by recording additional FDR parameters was 
important. Accordingly, Sec. 121.344(c) of the proposed rule requires 
that airplanes subject to that section continue to record those 
parameters that they are capable of recording, whether they are 
equipped with an ARINC 717 or an equivalent DFDAU. When these airplanes 
comply with proposed paragraph (c)(1), they would be recording the 
parameters listed in (a)(1) through (a)(22), plus all additional 
parameters they are capable of recording, and all of these must be 
recorded in accordance with proposed new Appendix M. These provisions 
are proposed to prevent a possible decrease in the number of parameters 
already being recorded before the compliance date of the proposed 
regulation.

Airplanes Manufactured After October 11, 1991

    A significant portion of the work of the ARAC working group was 
focused on the requirements for airplanes not yet built. Airplanes for 
which no type certificate yet exists were seen as less of a problem. To 
that end, discussions focused on the ability of manufacturers

[[Page 37152]]

to re-engineer airplanes that are already type certificated, and the 
time needed to accomplish that engineering, get FAA approval of the 
change in type design, and incorporate it into airplanes on the 
production line. Significant discussion also occurred on the best way 
to describe the airplanes that were to be covered by future 
requirements. For example, a newer ``model'' of an airplane recently 
type certificated might already be in the works, with a significant 
investment in the engineering. Further, there is no standard industry 
terminology for what the ``next version'' of an already certificated 
airplane might be called. Finally, the number of parameters to be 
recorded by these future airplanes was also part of the discussion, and 
included consideration of flight data recorder requirements that will 
be included in the operating rules of the Joint Aviation Authorities of 
Europe (JAR-Ops).
    The proposed regulation places airplanes manufactured after October 
11, 1991, into three groups, with DFDR requirements increasing as age 
decreases. These airplane groups and the requirements that apply to 
each were the subject of considerable discussion within the ARAC 
working group.
    Because there was little agreement on the terminology to be used or 
the time necessary to incorporate upgrades into future aircraft models 
at the least cost, the requirements that would apply to future 
production airplanes remained one of the most contentious issues in the 
working group.
    The FAA began discussions with the recommendations of the NTSB that 
would require an upgrade to 88 parameters of recorded data for all 
airplanes manufactured after 1998, regardless of the date of type 
certification of models then in production. Representatives of airplane 
manufacturers on the working group indicated that this was unrealistic 
given the time needed to re-engineer airplanes in production, get FAA 
approval of the design changes, and incorporate the modifications into 
airplanes on the assembly line that had been on order, in some 
instances, years before the requirements were written. The ARAC 
industry members thus suggested an alternative requirement that would 
apply to airplanes that receive a new or amended type certificate 
beginning one year after the final rule becomes effective. This 
alternative would mean that airplanes produced under a type certificate 
that existed before that date might never be required to upgrade to 88 
parameters, even if manufactured 10 years after the rule went into 
effect, if the type design were not amended. The NTSB considers this 
unacceptable, and describes it as a parallel to the current 
circumstances where technological development and capability have far 
outpaced current regulations. Further, the NTSF notes that a letter 
requirement will in the future place the FAA and the industry in the 
same circumstances that exist today in attempting to catch up with 
available technology.
    There was also considerable debate within the working group over 
the recording equipment that might be necessary to record the 88 
parameters of information proposed. Little hard data was available 
concerning whether the current 128-word recorders would be able to 
handle the 88-parameter requirement. Several members indicated that a 
256-word recorder would likely be needed, and that since no such 
recorder was currently available or approved for use, no regulation 
that would require its use could be promulgated. Similarly, data were 
available to indicate that while there was no 256-word recorder 
currently available, the reason was that there was no current market 
for it. Informal inquiries by the NTSB to equipment manufacturers 
indicated that a 256-word recorder is well within the bounds of 
currently available technology, and may well already exist.
    Taking into account the NTSB concern that all new airplanes be able 
to record the maximum number of parameters, balanced against the 
knowledge that airplanes in production cannot be re-engineered without 
sufficient lead time, the FAA has determined that FDR requirements for 
future airplane production will be based on the date of manufacture, 
but that the dates suggested by the NTSB cannot realistically be met 
without incurring overwhelming costs and unacceptable delays in 
production. Accordingly, the proposed rule would place the following 
requirements on newly manufactured airplanes.
    The first group of airplanes, addressed in proposed 
Sec. 121.344(d)(1), are those manufactured after October 11, 1991, but 
on or before [insert date three years from effective date, i.e. 2000] 
to record the parameters listed in paragraphs (a)(1) through (a)(34), 
and do so in accordance with Appendix M. Similar to the requirements 
for older airplanes, the parameters listed in paragraphs (a)(12) 
through (a)(14) could be recorded from a single source. Proposed 
Sec. 121.344(d)(2) carries forward the requirements that all additional 
parameters that are within the capacity of the recording system must 
also be installed to take advantage of the latest advancements in 
technology and the capabilities of individual airplanes. Because this 
requirement will apply to airplanes recently produced, it is a retrofit 
requirement, but the effect of the retrofit is softened by limiting the 
requirement to the first 34 parameters.
    The second group of airplanes, addressed in proposed 
Sec. 121.344(e)(1), are those that will be manufactured after [insert 
date three years from effective date, i.e. 1999], but on or before 
[insert date five years from effective date, or 2001]. These airplanes 
would be required to record the parameters listed in paragraphs (a)(1) 
through (a)(57), and to do so in accordance with Appendix M. Proposed 
Sec. 121.344(e)(2) carries forward the requirements that all additional 
parameters that are within the capacity of the recording system must 
also be installed to take advantage of the latest advancements in 
technology and the capabilities of individual airplanes.
    This group of airplanes is considered to include the already 
engineered versions of currently certificated airplanes, and any 
airplane getting a new type certificate during this time period. The 
three year time period was considered by several members of the working 
group as sufficient lead time to incorporate the upgrades required. The 
number of parameters was chosen based on the recommendations of the 
NTSB and the 57 parameters that will be required to be recorded under 
JAR-Ops, which will become effective in 1998.
    The third group of airplanes, addressed in proposed 
Sec. 121.344(f), are those that would be manufactured after [insert 
date five years from effective date]. These airplanes would be required 
to record the parameters listed in paragraphs (a)(1) through (a)(88), 
and to do so in accordance with Appendix M.
    As indicated in the previous discussion, this requirement would 
apply to all airplanes manufactured five years after the effective date 
of the rule. The FAA agrees with the NTSB that it is not acceptable to 
adopt a requirement that could allow airplanes with 57 parameters to be 
produced indefinitely. The concept of ``manufactured after'' was 
established in the FDR requirements of Sec. 121.343 and is being used 
in other sections of this proposed rule. The ``manufactured after'' 
standard is viewed as being the most straightforward for the agency to 
administer and for the industry to comply with. Further, during the 
meetings of the ARAC working group, a lead time of five years was 
consistently mentioned as the working standard for new airplane design.

[[Page 37153]]

    The FAA did raise another alternative that would require all 88 
parameters to be recorded on any airplane for which a new, amended, or 
supplemental type certificate is applied for one year after the 
effective date of the final rule. That proposal would have included, by 
necessity, significant deviation authority for any changes to airplanes 
that did not affect the operational or performance characteristics of 
airplanes, or that did not provide sufficient opportunity to accomplish 
the necessary modifications. That proposal was made after considerable 
discussion regarding the lack of consistent terminology regarding new 
airplane models. In designing the proposal, the FAA looked to its 
experience in similar equipment upgrade requirements and concluded that 
it would be necessary for the agency to retain exclusive discretion as 
to what constituted enough of a change to an airplane design (by 
amended or supplemental type certificate) to cause the FDR upgrade 
requirements to apply, or for a deviation to be granted.
    The FAA determined that, while that proposal had a sound regulatory 
foundation and would be triggered by well-established events that would 
not be the source of semantic debate, it would be unwieldy in practice 
and would lead to considerable extra work and expenditures for the 
agency and every future applicant for an amended or supplemental type 
certificate.
    The proposed requirement to record 88 parameters may require the 
installation of the 256-word recorder described previously. The FAA is 
unable to accept the argument that simply because a 256-word recorder 
is not currently marketed or approved for installation in aircraft, it 
would not be available by the time the proposed requirement would take 
effect, five years after the effective date of a final rule. The FAA 
has experience in proposing requirements for new technology. For 
example, the technology for TCAS systems existed at the time the FAA 
promulgated a requirement for the equipment, but it was not 
commercially available in the format into which it eventually evolved. 
In a similar sense, air carriers strongly urged the FAA to authorize 
the use of predictive windshear technology in lieu of current reactive 
technology despite the fact that the technology was only expected to be 
available at some unspecified future date.
    In this case, information available to the FAA and the NTSB 
suggests that the 256-word recorder that may be needed to record 88 
parameters is close to being a reality, since the technology already 
exists. The FAA and NTSB expect the 256-word recorder to be 
commercially available as soon as some commercial demand exists. 
Neither the FAA nor NTSB can accept the argument of current 
unavailability as a basis for not imposing a more stringent requirement 
on future-production airplanes, and the FAA has received no evidence 
indicating that this position is not realistic. The FAA specifically 
requests comment on this issue concerning the probable availability of 
such equipment.
    Except for paragraphs (j) and (l), the balance of proposed 
Sec. 121.344 carries forward the rest of the requirements of 
Sec. 121.343.
    Proposed Sec. 121.344(g) would duplicate current Sec. 121.343(g), 
which requires an FDR's continuous operation from the time of an 
airplane's takeoff roll to its landing roll, except for a minor, 
nonsubstantive editorial change.
    Proposed Sec. 121.344(h) would duplicate Sec. 121.343(h), which 
addresses the number of hours of recorded data that needs to be kept, 
and erasures of that data, except for minor, nonsubstantive editorial 
changes.
    Proposed Sec. 121.344(i) would duplicate current Sec. 121.343(i), 
which addresses requirements pursuant to flight data in the event of an 
accident or occurrence that requires immediate notification of the 
NTSB, except for minor, nonsubstantive editorial changes.
    Proposed Sec. 121.344(j) addresses the equipment installation and 
correlation requirements of 14 CFR part 25 for transport category 
airplanes. This paragraph was rewritten to reflect current technology 
and the need for correlation data retention. No significant change in 
the duty of air carriers to retain this data is intended by this update 
of this regulation.
    Proposed Sec. 121.344(k) would duplicate current Sec. 121.343(k), 
which requires an approved device to locate a flight data recorder 
under water, except for minor, nonsubstantive editorial changes.
    Proposed Sec. 121.344(l) would identify those airplanes to which 
these proposals would not apply.
    Paragraph (l)(1) addresses Stage 2 airplanes that are scheduled to 
be retired under the noise transition regulations of Part 91. These 
airplanes would not have to be retrofitted with upgraded DFDR's prior 
to December 31, 1999. However, no Stage 2 airplane would be allowed to 
be operated after December 31, 1999, unless it meets the upgraded FDR 
requirements. Although the noise transition regulations allow for the 
possibility that some Stage 2 airplanes would be allowed to operate 
under certain limited waivers, the intent behind the noise operating 
rules differs significantly from the intent behind the FDR 
requirements. Accordingly, the FAA is not willing to allow the 
continued operation of these airplanes with 11-parameter recorders 
beyond the final noise compliance date regardless of an airplane's 
noise operating status, and the agency will not put itself in a 
position of having to forgo the safety considerations behind FDR 
upgrades as an economic matter if a change in circumstances causes a 
change in the noise operating rules whether by waiver or a change in 
the regulations. Noise waivers are not a certainty, and operators have 
been warned not to presume that they will be granted as a matter of 
course and to plan for full compliance. No such waiver is included in 
these proposed FDR requirements; the FAA views the grant of any such 
FDR waiver as encouraging operators to gamble on the availability of 
noise waivers as an excuse not to install upgraded flight data 
recorders, undermining the intent of both the noise transition and FDR 
upgrade rules.
    Paragraph (l)(2) lists those airplanes that are out of production. 
After considering analysis of data presented by aircraft operators and 
manufacturers, the ARAC working group determined that the remaining 
economic life of these airplanes is insufficient to justify the cost 
associated with extensive DFDR retrofit. Further, the number of these 
airplanes in operation is sufficiently small and is declining, such 
that any safety return from expanded FDR's would be minimal. The FAA 
agrees in the selection of the aircraft types listed. The FAA also 
specifically requests that commenters submit other aircraft types, if 
any, that should be included in this list. Submissions for inclusion 
should include a detailed explanation of the reasons wh
FR Doc. 96-17824 Revisions to Digital Flight Data Recorder Rules
y these aircraft 
should be included on the list, and the number of aircraft that would 
be affected.

Specific Comments Concerning Proposed Sec. 121.344

    A significant comment was submitted through the ARAC Executive 
Committee from Trans World Airlines (TWA), which did not have a 
separate representative on the working group. In general, TWA expressed 
difficulty with the proposed requirements for certain of its older 
airplanes, the Lockheed L-1011 and the Boeing 747-100. TWA indicates 
that, to meet the requirements of the proposed rule, it would have to 
replace recording equipment in more than a third of its airplanes, and 
one of the premises of the working group was that significant equipment 
replacement would not be required for older

[[Page 37154]]

airplanes. To that end, TWA recommended several specific changes to the 
proposed rule language and Appendix values that would allow its Loral 
F800 flight data recorders to continue to be used.
    The existence of older recording systems, including the Loral F800, 
was the subject of considerable discussion at the working group 
meetings. In an attempt to accommodate some of this older equipment, 
for example, Sec. 121.344(b)(1)(i) was added to not require the 
recordation of lateral acceleration on airplanes with more than two 
engines unless recording that parameter could be accommodated on 
installed equipment. That provision was added to accommodate the Loral 
F800 recorder installed on the L-1011. The FAA is concerned that 
broader changes to the proposed rule--including revisions to the values 
in current Appendix B and a new category of aircraft that would change 
the established manufacturing-date groups--would weaken the intent of 
the rule by allowing loopholes and exceptions that would be almost 
impossible to track, and would result in an unmanageable number of 
different recording capabilities within the part 121 fleet. The FAA 
will not promulgate rules to accommodate one or two older pieces of 
equipment, especially when the intent of the rule is to upgrade 
equipment in airplanes that remain viable portions of the fleet.
    However, the FAA is willing to make what accommodations are within 
the spirit of the rulemaking, as in the example cited above, where such 
accommodation does not change the effect of the rule in general on the 
rest of the fleet. Accordingly, while the agency will not consider 
changes to existing rules that are a step back from current 
requirements, TWA, and other operators that may find themselves in 
unique circumstances because of equipment configurations, are urged to 
comment specifically on provisions that they feel they will not be able 
to meet without undue burden, and to suggest limited provisions such as 
the one cited that may alleviate some of that burden.
    A U.S. aircraft manufacturer commented through the ARAC Executive 
Committee that to record parameters (a)(58) through (a)(88) would 
``require the installation of sensors [that have] a poor reliability 
history.'' The NTSB agrees that there is a question as to the 
reliability of control force sensors over the full range of forces, but 
it is this very unreliability of the current generation of sensors for 
control forces that has caused the NTSB to recomment that 88 parameters 
be recorded. The FAA requests comment from manufacturers and operators 
as to the current reliability rates for control force sensors, and what 
plans may exist for increasing their reliability before they would be 
required in five years.

Airplanes With 10-19 Passenger Seats

    The February 1995 recommendations of the NTSB did not specifically 
address airplanes that carry 10-19 passengers. However, the adoption of 
new operating rules for certain airplanes formerly operated under part 
135 has led to a need for the FAA to address FDR requirements for these 
airplanes. Since these airplanes will, in scheduled service, be 
operated under part 121, the FAA has determined that the FDR 
requirements that would apply to these airplanes are best provided in a 
separate section. Accordingly, the FAA is proposing the adoption of a 
new Sec. 121.344a, to separate these requirements from those applicable 
to transport category airplanes and prevent confusion as to 
applicability and compliance times.
    Proposed Sec. 121.344a(a) would require all turbine-engine powered 
airplanes having a passenger seating configuration, excluding any 
required crewmember seat, of 10 to 19 seats that were brought onto the 
U.S. register after October 11, 1991, to be equipped with a DFDR that 
is capable of recording, at a minimum, the parameters required in 
Sec. 135.152. This provision would carry over the current requirements 
of part 135 until the upgraded standard in the proposed rule is met.
    By [4 years from the effective date of the final rule], those 
airplanes would be required to be equipped with a DFDR that is capable 
of recording the parameters listed in Sec. 121.344 (a)(1) through 
(a)(11). In addition, these airplanes must record either three 
additional parameters of control input or control surface position. If 
capable of being recorded, these airplanes must also record the 
parameters described in Sec. 121.344 (a)(19) through (a)(22).
    As stated in the proposed rule language, parameter (a)(18) would 
not be required for airplanes with more than two engines, unless 
sufficient capacity is available on the existing recorder. Further, the 
parameters listed in paragraphs (a)(12) through (a)(17) would be 
permitted to be recorded from a single source. All of the parameters 
would be required to be recorded in accordance with the values listed 
in Appendix B to part 135, the standard in the current rule, unless the 
parameter to be recorded has no value indicated in that appendix. In 
that case, the values in Appendix B to part 121 would be used.
    Consistent with current regulation, airplanes with 10 to 19 
passenger seats that were brought onto the U.S. register on or before 
October 11, 1991, would not be required to comply with this regulation. 
The FAA has determined that the cost of retrofitting this fleet of 
airplanes would be substantial.
    However, the FAA is concerned that all airplanes used in air 
carrier operations be equipped with FDR equipment. Accordingly, the FAA 
has determined that the already established date for installation of 
FDR equipment--airplanes brought onto the U.S. register after October 
11, 1991--will remain the standard for FDR installation if these 
airplanes are operated under part 121.
    Further, the FAA emphasizes that, consistent with current 
regulation, airplanes that may have been on the register on or before 
October 11, 1991, but were removed from the U.S. register, and brought 
back onto the U.S. register after October 11, 1991, would be required 
under this proposed rule to have a DFDR capable of recording the 
required 18 to 22 parameters. There has been at least one previous 
policy determination made concerning airplanes that have been removed 
from the U.S. register after 1991 and then brought back; that policy 
stated that compliance with the FDR rules of part 135 is not necessary 
because the airplane was on the register before October 11, 1991. After 
further consideration, however, the FAA has determined that this policy 
is inconsistent with the language of the regulation itself and with the 
intent of the recently adopted rules bringing part 135 scheduled 
commuters under part 121. Airplanes that have been operated without 
FDR's based on this policy determination will have to be retrofitted 
with the FDR equipment required under Sec. 121.344a(a) by the 
compliance date proposed in that paragraph, as they would have if they 
remained under part 135.
    Although the basic requirements for 10-19 seat airplanes are not 
identical to those for transport category airplanes in Sec. 121.344, it 
was determined that some differences could exist without compromising 
safety. These airplanes currently are required to record 17 parameters 
of information under part 135.152; the 18 parameters to be recorded 
under the proposed rule differ slightly and will require that some 
FDR's be reprogrammed. The FAA found, however, that requiring an 
increase to the first 23 parameters would result in substantial costs. 
Since the NTSB recommendations do not

[[Page 37155]]

address these airplanes or any specific upgrade for their flight data 
recorders, a determination has been made that recordation of the first 
18 parameters--or 22 where capable--is sufficient for this class of 
airplanes.
    The ARAC Executive Committee submitted a comment from a member 
indicating that the applicability of proposed Sec. 121.344a(a) should 
be changed to airplanes that were manufactured after October 11, 1991, 
rather than airplanes brought onto the U.S. register after that date. 
The FAA disagrees. This distinction by date of registration was 
maintained as established in part 135, and the use of the registration 
date has resulted in a specific set of airplanes to which these rules 
apply. A change in the applicability of the regulation now could cause 
airplanes that were previously required to have DFDR's to no longer 
need them, with the consequences of recorders being removed from in-
service airplanes. A change in applicability under part 121 would also 
have the confusing effect of establishing different applicability 
provisions for the same airplanes, depending on the part under which 
they are operated. The FAA will not introduce such complication into 
the regulations nor promulgate a rule that would reduce the number of 
airplanes required to have DFDR's.
    Another comment stated that the FAA is proposing to cover 10-19 
seat airplanes operated under part 121 ``with no technical support * * 
* for their inclusion.'' The commenter suggests that the FAA ``abide by 
the NTSB recommendation and remove these'' airplanes from the proposed 
rule.
    As stated previously, the NTSB recommendation was considered the 
starting point for this rulemaking action. The NTSB recommendation did 
not include consideration of the FAA's proposal to bring smaller 
aircraft operated in scheduled service under part 135 into part 121, so 
no recommendation for DFDR requirements on those airplanes could have 
been included. However, as part of the FAA's goal of regulating all 
scheduled operators under a single part, it would be inconsistent not 
to propose that all airplanes operated in part 121 service be covered 
by the same or comparable requirements. It is up to the FAA to 
determine the proper scope and consistency of its regulations, and the 
agency cannot be constrained by a recommendation of the NTSB that did 
not consider other ongoing agency actions and initiatives. The NTSB did 
not state that these airplanes not be covered--it simply never 
addressed them. Further, it is not clear what the commenter means as to 
the existence of ``technical support'' for a proposal that is but one 
part of an overall agency safety initiative.
    Proposed Sec. 121.344a(b) would require recorders on all turbine-
engine powered airplanes having a passenger seating configuration, 
excluding any required crewmember seat, of 10 to 19 seats, that are 
manufactured after [insert date 3 yrs after effective date of final 
rule], to record the parameters listed in Sec. 121.344 (a)(1) through 
(a)(57), as well as all additional parameters that are within the 
capacity of the recording system within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix M to part 
121.
    Proposed Sec. 121.344a(c) would require recorders on all turbine-
engine powered airplanes having a passenger seating configuration, 
excluding any required crewmember seat, of 10 to 19 seats, that are 
manufactured after [insert date 5 yrs after effective date of final 
rule], to record the parameters listed in Sec. 121.344 (a)(1) through 
(a)(88), within the ranges, accuracies, resolutions, and recording 
intervals specified in Appendix M to part 121. This is the same 
requirement that would apply to transport category airplanes as 
proposed in Sec. 121.344, and the same reasons for its adoption 
applies.
    Proposed Sec. 121.344a(d) would bring forward the appropriate 
references in current Sec. 135.152(f), pursuant to airplanes only, 
which includes requirements for installation of flight recorders and 
correlation of flight data. Rotorcraft requirements would remain in 
Sec. 135.152(f); they are not being addressed in this rulemaking.
    Proposed Sec. 121.344a(e) would require all airplanes subject to 
this section to also comply with paragraphs (g)-(k) of Sec. 121.344.
    Proposed Sec. 121.344a(f) would identify those airplanes to which 
these proposals would not apply. Included are airplanes that are no 
longer in production. After considering analysis of data presented by 
aircraft operators and manufacturers, the ARAC working group determined 
that the remaining economic life of these airplanes is insufficient to 
justify the cost associated with extensive DFDR retrofit. Further, the 
number of these airplanes in operation is sufficiently small that any 
safety return from expanded FDR's would be minimal. The FAA agrees in 
the selection of the aircraft types listed. The FAA also specifically 
requests that commenters submit other aircraft types, if any, that 
should be included in this list. Submissions for inclusion should 
include a detailed explanation of the reasons why these aircraft should 
be included on the list, and the number of aircraft that would be 
affected.
New Appendix
    Proposed Appendix M: This new appendix would correspond directly to 
the parameter list set forth in Sec. 121.344(a), and would present the 
ranges, accuracies, resolutions, and recording intervals for each 
parameter. Values for these items were determined based on the capacity 
of current equipment and take into consideration the European 
standards. Where possible, the standards in Appendix M are the same as 
those in the European requirements.

Specific Comments Concerning Proposed Appendix M

    Several specific changes to Appendix M were submitted in the 
comments from the ARAC Executive Committee. The addition of TSO C51a to 
the Accuracy column of the Pressure Altitude parameter was reviewed and 
accepted. One comment stated that the Heading parameter, which would 
require a true/mag discrete is unclear and that the two should be 
separated. A significant amount of time was expended in working group 
discussions on this topic, and the designation as it appears in the 
proposed Appendix was agreed to by working group members. A comment 
concerning Manual radio transmitter keying states that existing 
installations should only require a single discrete. That is all that 
is required, and only for air traffic communications. A further comment 
that language should be added to exclude digital voice and data 
transmissions is not being addressed because there is no requirement 
that digital data link transmissions be included as part of this 
parameter.

Part 125

    The FAA proposes to add a new Sec. 125.226 to require the existing 
airplane fleet operated under part 125 to be retrofitted with FDR's 
that record additional parameters. Requirements for DFDR's on newer 
airplanes and newly manufactured airplanes would also be revised to 
require that additional parameters be recorded. The preceding 
discussion for the proposed amendments to part 121 also applies to 
aircraft operated under part 125. The text in Sec. 125.225 would remain 
unchanged because airplanes excluded from these proposed amendments 
would be required to continue to comply with that section.
    Proposed Appendix E: This new appendix to part 125 would be 
identical

[[Page 37156]]

to the proposed Appendix M to part 121 above.

Part 129

    The FAA proposes to add a new Sec. 129.20, Digital Flight Data 
Recorders, to address flight data recorder regulations for U.S.-
registered airplanes operated outside the United States. Although the 
NTSB recommendations did not apply to part 129 operators, the FAA has 
determined that U.S.-registered airplanes, regardless of where they are 
operated, should be required to comply with the same FDR requirements 
as though they were operated domestically. Accordingly, the proposed 
rule indicates that, depending on the airplane type, airplanes that are 
U.S.-registered but operated outside the United States must comply with 
the applicable flight data recorder regulations of part 121, 125, or 
135. Descriptions of these requirements can be found above in the 
sections describing the proposed amendments to those parts. 
Consequently, the FAA proposes to revise the applicability of 
Sec. 129.1(b) to include reference to the proposed Sec. 129.20.
    The period for public comment to the proposed part 129 amendment is 
no longer than that provided for the other proposals in this NPRM to 
allow sufficient time for international entities to comment. Therefore, 
the comment period for revisions to part 129 will be 120 days from the 
date of publication of the NPRM, and the final rule for any revisions 
to part 129 will be issued separately, although the compliance time 
adopted may be the same as that proposed for parts 121, 125, and 135.

Part 135

    These proposed flight data recorder amendments would apply to 
turbine-engine-powered airplanes having a passenger seating 
configuration, excluding any required crewmember seat, of 10 to 30 
seats, that are manufactured after [insert date 3 years after effective 
date of final rule] and operated under part 135. These requirements are 
being proposed to parallel the requirements for the same airplanes 
operated under part 121. These amendments would not apply to any 
airplane type certificated to be configured with nine or fewer 
passenger seats or any rotorcraft.
    Proposed Sec. 135.152(f)(1) would retain the requirement from 
current Sec. 135.152(f). A new Sec. 135.152(f)(2) is proposed that 
would update the correlation data requirements for newly manufactured 
airplanes.
    Proposed new Sec. 135.152(h) would list the parameters that apply 
to newly manufactured airplanes. This list is identical to the 
parameter list proposed in Sec. 121.344.
    Proposed Sec. 135.152(i) would require all turbine-engine powered 
airplanes that are manufactured after [insert date three years after 
effective date of final rule] to record the parameters listed in 
paragraphs (h)(1) through (h)(57) of this part, as well as any 
additional parameters capable of being recorded on the installed FDR 
equipment, in accordance with proposed Appendix F to part 135.
    Proposed Sec. 135.152(j) would require all turbine-engine powered 
airplanes that are manufactured after [insert date 5 yrs after 
effective date of final rule], to record the parameters listed in 
paragraph (h)(1) through (88) of this section within the ranges, 
accuracies, resolutions, and recording intervals specified in Appendix 
F. This provision is identical as proposed in Sec. 121.344a(c), since 
it would apply to the same airplanes, and the same reasons for its 
adoption applies.
    Proposed Appendix F: This new appendix would correspond directly to 
the parameter list set forth in Sec. 135.152(h), and would present the 
ranges, accuracies, resolutions, and recording intervals for each 
parameter. This proposed appendix is identical to proposed Appendix M 
to part 121.

BILLING CODE 4910-13-M

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International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization regulations and Joint Aviation Authority regulations, 
where they exist. Any differences between those documents and these 
regulations are of a minor, technical nature, and are deemed 
insignificant. They would not adversely affect harmonization.

Paperwork Reduction Act

    No information collection is required by this proposed rule.

Regulatory Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall 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 effect of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effect of regulatory changes on international trade. A regulatory 
evaluation of the proposal is in the docket.

Costs

    To obtain representative and comprehensive information from which 
to develop the industry costs of this proposed rule, the FAA relied on 
the responses of ATA and RAA members to an air carrier cost survey 
developed by the ARAC working group. (The FAA augmented this 
information with adjusted costs analysis from the recently approved 
commuter rule.) The principle aggregate cost detailed in the cost 
survey were (1) equipment and inventory/spares; (2) engineering, 
installation, and other costs, inclusive of recurrent maintenance 
costs; and (3) aircraft out-of-service costs which reflect revenue 
losses resulting from unscheduled aircraft downtime.
    The total turbojet fleet costs for air carriers operating under 
part 121 for the projected retrofits are $472.0 million ($420.4 
million, discounted) if required to be done within a 2-year compliance 
time frame. For a 4-year compliance time frame, the FAA estimates the 
costs would be $308.9 million ($259.1 million, discounted). The 
equivalent total turboprop fleet costs for air carriers operating under 
part 121 are $39.0 million ($35.2 million, discounted) for the 2-year 
compliance time frame, and $30.4 million ($25.8 million, discounted) 
for the 4-year compliance time frame. The total 4-year compliance time 
frame costs for part 135, 10-19 seat aircraft required to now operate 
under part 121 are estimated to be $26.4 million ($22.3 million, 
discounted) and for part 135, 20-30 seat aircraft, $10.9 million ($9.2 
million, discounted), or $37.3 million ($31.5 million, discounted) 
total part 135 costs. Thus, the total 4-year compliance time frame 
discounted costs for the proposed retrofits required under this 
proposed rule are $316.3 million.
    With regard to the total turbojet fleet costs for air carriers 
operating under part 121, nearly one-half the total cost for the 2-year 
alternative represents the out-of-service costs or lost revenues that 
would be imposed by the shorter compliance time requirement. The other 
one-half of the total cost represents the basic costs which include 
capital investment and expenses. In the 4-year time frame, just over 20 
percent of the total cost represents the out-of-service costs or lost 
revenues that would be imposed by this compliance time requirement. No 
similar assessment can be made for either the turboprop fleet or part 
135 carriers that will now be required to operate under part 121. 
However, because the total turbojet fleet costs represent over 80 
percent of the air carrier industry cost analyzed for this proposed 
rule, the two year time frame suggests itself to clearly be a more 
costly option than the four year time frame. The FAA's estimates of out 
of service costs by aircraft type are summarized in the appendix to the 
full Regulatory Evaluation. That document is available for review in 
the regulatory docket.

Benefits

    DFDR's do not in and of themselves prevent accidents; they are used 
as an investigative tool when accidents or incidents occur. From the 
DFDR information, a greater understanding of the dynamics and probable 
causes of accidents and incidents can be obtained. With this knowledge, 
a ``fix'' can be made to reduce the chance of a similar occurrence in 
the future.
    Due to the very nature of the DFDR requirements (i.e., that we 
currently do not know how or why certain accidents occur), the FAA is 
not able to quantify the likely benefits that will ultimately result 
from this proposal. Nevertheless, the FAA has determined, particularly 
in light of the NTSB recommendations, that information concerning 
enhanced parameters can be collected cost-effectively. The FAA will be 
able to use incident information to reduce accidents of the nature that 
are currently of undetermined cause.

Benefit Cost Comparison

    The FAA cautions that the cost analysis detailed in the preceding 
sections is not necessarily exhaustive. The purpose of this rulemaking 
is to require the installation of DFDR's that provide more flight 
information about aviation accidents or incidents. This in turn, would 
allow industry to predict certain trends in order to make the necessary 
modifications prior to future accidents or incidents. Thus, it is 
assumed that as a result of this rulemaking the quantity and quality of 
information is increased about those accidents for which the NTSB 
currently cannot determine the probable cause. To the extent that this 
occurs, then the FAA would take appropriate additional action to 
prevent a recurrence of those kinds of accidents.
    Future FAA actions could take the form of Advisory Circulars, 
Airworthiness Directives, or possibly, additional rulemakings. The 
costs of these follow-on FAA actions could vary from negligible costs 
to considerable costs of some unknown amount. The costs of such future 
follow-on actions by the FAA should be taken into consideration as part 
of the costs of this rulemaking. However, the costs of potential future 
actions have not been included because the costs of such follow-on 
actions cannot be estimated. It should be understood, therefore, that, 
to the extent that the cost of the follow-on actions are more than 
negligible, the current costs estimates would tend to underestimate the 
total cost of this rulemaking.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily or 
disproportionately burdened by Federal regulations. The RFA requires 
regulatory agencies to review rules which may have ``a significant 
economic impact on a substantial number of small entities.'' For this 
proposed rulemaking, a ``small entity'' is an operator of aircraft for 
hire owning, but not necessarily operating, nine (9) aircraft or less. 
A ``substantial number of small entities'', as defined in FAA order 
2100.14A-Regulatory Flexibility Criteria and Guidance, is a number (in 
this instance, the number of operators) which is not less than eleven 
and is more then one-third of the small entities subject to a proposed 
or existing rule.
    A ``significant economic impact'' or cost threshold, is defined as 
an annualized net compliance cost level

[[Page 37159]]

that exceeds 1) $119,900 (1994 dollars) in the case of scheduled 
operators of aircraft for hire whose entire fleet has a seating 
capacity in excess of 60 seats; 2) $67,000 (1994 dollars) in the case 
of scheduled operators of aircraft for hire for which the entire fleet 
has a seating capacity less than or equal to 60 seats; and 3) $4,800 
(1994 dollars) in the case of unscheduled operators of aircraft for 
hire.
    The FAA has determined the annualized costs (20 years) for 
scheduled operators of large aircraft to be $9,128 per aircraft for the 
2-year time frame and $5,611 per aircraft for the 4-year time frame. 
Multiplying each of these estimates by 9, (the upper bound of the small 
entity criteria) yields results of $82,155 and $50,501 for the 2-year 
and 4-year time frames, respectively. Each of these estimates is 
significantly below the minimum compliance cost criteria of $119,900 
for scheduled operators of large aircraft.
    The FAA has also determined the annualized costs (20 years) for 
scheduled operators of small aircraft to be $4,378 per aircraft for the 
2-year time frame and $3,067 per aircraft for the 4-year time frame. 
The upper bound costs for consideration within the small entity (9 
aircraft) criteria are $39,398 for the 2-year time frame and $27,603 
for the 4-year time frame, respectively. Both are well below the 
minimum compliance cost of $67,000.

International Trade Impact Assessment

    The FAA has determined that revisions to digital flight data 
recorder rules could have a significant impact on international trade. 
The FAA is of the opinion that while the proposed rule will not effect 
non-U.S. operators of foreign aircraft operating outside the United 
States, it could have a significant impact on the suppliers of 
materials required for retrofitting the affected aircraft in the 
domestic fleet. Domestic sources of the required retrofit products may 
not be able to meet the increased demand of the domestic air carriers 
for DFDR's as these air carriers increased orders to meet the tight 
compliance time-frame imposed by this proposed rule. Foreign producers 
may benefit by supplying the unfilled orders. The FAA welcomes comments 
on this issue from manufacturers and suppliers of the proposed retrofit 
materials as well as other interested parties.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
proposed regulation would be a significant regulatory action under 
Executive Order 12866, and is considered significant under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).

List of Subjects

14 CFR Part 121

    Air carriers, Aviation safety, Reporting and recordkeeping 
requirements, Transportation

14 CFR Part 125

    Aviation safety, Reporting and recordkeeping requirements

14 CFR Part 129

    Air carriers, Aviation safety, Reporting and recordkeeping 
requirements

14 CFR Part 135

    Aviation safety, Reporting and recordkeeping requirements

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR parts 121, 125, 129, and 135 of 
the Federal Aviation Regulations as follows:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    2. Section 121.344 is revised to read as follows:

Sec. 121.344  Digital flight data recorders for transport category 
airplanes.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flight data 
recorders required by this section are as follows; the phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameter is not intended to require a change in 
installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or the parameters of paragraph 
(a)(82) of this section, if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when the parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when the parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
the parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);

[[Page 37160]]

    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in appendix M of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is 
installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed value position (when an information source is 
installed);
    (72) De-icing or anti-icing system selected (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, 
control column, rudder pedal).
    (b) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991, by [four years from 
effective date of final rule]--
    (1) For airplanes not equipped as of July 15, 1996 with a flight 
data acquisition unit (FDAU), the parameters listed in paragraphs 
(a)(1) through (a)(18) of this section must be recorded within the 
ranges and accuracies specified in Appendix B of this part, and--
    (i) For airplanes with more than two engines, the parameter 
described in paragraph (a)(18) is not required unless sufficient 
capacity is available on the existing recorder to record that 
parameter;
    (ii) Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (2) For airplanes that were equipped as July 16, 1996 with a flight 
data acquisition unit (FDAU), the parameters listed in paragraphs 
(a)(1) through (a)(22) of this section must be recorded within the 
ranges, accuracies, and recording intervals specified in appendix M of 
this part. Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (3) The approved flight recorder required by this section must be 
installed at the earliest time practicable, but no later than the next 
heavy maintenance check after [two years after effective date of final 
rule], and no later than [four years after the effective date of the 
final rule]. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (c) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991--
    (1) That were equipped as of July 16, 1996 with one or more digital 
data bus(es) and an ARINC 717 digital flight data acquisition unit 
(DFDAU) or equivalent, the parameters specified in paragraphs (a)(1) 
through (a)(22) of this section must be recorded within the ranges, 
accuracies, resolutions, and sampling intervals specified in appendix M 
of this part by [4 years after effective date of the final rule]. 
Parameters listed in paragraphs (a)(12) through (a)(14) each may be 
recorded from a single source.
    (2) Commensurate with the capacity of the recording system (DFDAU 
or equivalent and the DFDR), all additional parameters for which 
information sources are installed and which are connected to the 
recording system, must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in appendix M of this 
part by [4 years after effective date of the final rule].
    (3) That were subject to Sec. 121.343(e) of this part, all 
conditions of Sec. 121.343(e) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes 
that were manufactured after October 11, 1991,--
    (1) The parameters listed in paragraph (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix M of this 
part by [4 years after the effective date of the final rule]. 
Parameters listed in paragraphs (a)(12) through (a)(14) each may be 
recorded from a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in appendix M of this part by [4 years after effective date of the 
final rule].
    (e) For all turbine-engine-powered transport category airplanes 
that are manufactured after [3 years after effective date of final 
rule]--
    (1) The parameters listed in paragraph (a)(1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, 
and recording intervals specified in appendix M of this part.

[[Page 37161]]

    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in appendix M of this part.
    (f) For all turbine-engine-powered transport category airplanes 
that are manufactured after [5 years after effective date of final 
rule], the parameters listed in paragraph (a)(1) through (a)(88) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix M of this 
part.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed by this 
section, as appropriate, until the airplane has been operated for at 
least 25 hours of the operating time specified in Sec. 121.359(a) of 
this part. A total of 1 hour of recorded data may be erased for the 
purpose of testing the flight recorder or the flight recorder system. 
Any erasure made in accordance with this paragraph must be of the 
oldest recorded data accumulated at the time of testing. Except as 
provided in paragraph (i) of this section, no record need be kept more 
than 60 days.
    (i) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board 
under 49 CFR part 830 of its regulations and the results in termination 
of the flight, the certificate holder shall remove the recorder from 
the airplane and keep the recorder data prescribed by this section, as 
appropriate, for at least 60 days or for a longer period upon the 
request of the Board or the Administrator.
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are 
the same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes need not comply with this section, but 
must continue to comply with applicable paragraphs of Sec. 121.343 of 
this chapter, as appropriate:
    (1) Airplanes that meet the Stage 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) General Dynamics Convair 580, General Dynamics Convair 600, 
General Dynamics Convair 640, de Havilland Aircraft Company Ltd. DHC-7, 
Fairchild Aircraft, Inc., FH 227, Fokker F-27 (except Mark 50), F-28 
Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, Lockheed Aircraft 
Corporation Electra 10-A, Lockheed Aircraft Corporation Electra 10-B, 
Lockheed Aircraft Corporation Electra 10-E, Maryland Air Industries, 
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited 
SD3-30, Short Bros. Limited SD3-60.
    3. Section 121.344a is added to read as follows:

Sec. 121.344a  Digital flight data recorders for 10-19 seat airplanes.

    (a) No person may operate a turbine-engine-powered airplane having 
a passenger seating configuration, excluding any required crewmember 
seat, of 10 to 19 seats, that was brought onto the U.S. register after 
October 11, 1991, unless it is equipped with one or more approved 
flight recorders that use a digital method of recording and storing 
data and a method of readily retrieving that data from the storage 
medium. On or before [4 years after the effective data of the final 
rule], airplanes brought onto the U.S. register after October 11, 1991, 
must comply with either the requirements in this section or the 
applicable paragraphs in Sec. 135.152 of this chapter. In addition, by 
[4 years after the effective date of the final rule]--
    (1) The parameters listed in Secs. 121.344(a)(1) through 
121.344(a)(11) must be recorded within the ranges, accuracies, and 
resolutions specified in appendix B of part 135 of this chapter, except 
that--
    (i) Either the parameter listed in Sec. 121.344(a)(12) or (a)(15) 
must be recorded; either the parameter listed in Sec. 121.344(a)(13) or 
(a)(16) must be recorded; and either the parameter listed in 
Sec. 121.344(a)(14) or (a)(17) must be recorded.
    (ii) For airplanes with more than two engines, the parameter 
described in Sec. 121.344(a)(18) must also be recorded if sufficient 
capacity is available on the existing recorder to record that 
parameter;
    (iii) Parameters listed in Secs. 121.344(a)(12) through 
121.344(a)(17) each may be recorded from a single source;
    (iv) Any parameter for which no value is contained in appendix B of 
part 135 of this chapter must be recorded within the ranges, 
accuracies, and resolutions specified in appendix B of this part.
    (2) Commensurate with the capacity of the recording system (FDAU or 
equivalent and the DFDR), the parameters listed in sections 
121.344(a)(19) through 121.344(a)(22) also must be recorded within the 
ranges, accuracies, resolutions, and recording intervals specified in 
appendix B of part 135 of this chapter.
    (3) The approved flight recorder by this section must be installed 
as soon as practicable, but no later than the next heavy maintenance 
check or equivalent after [two years after effective date of final 
rule]. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (b) For all turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seat of 10 to 
19 seats, that are manufactured after [three years from effective date 
of final rule]--
    (1) The parameters listed in sections 121.344(a)(1) through 
121.344(a)(57) must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix M of this 
part.
    (2) Commensurate with the capacity of the recording system, all 
additional

[[Page 37162]]

parameters listed in section 121.344(a) for which information sources 
are installed and which are connected to the recording system, must be 
recorded within the ranges, accuracies, resolutions, and sampling 
intervals specified in appendix M of this part by [4 years after 
effective date of the final rule].
    (c) For all turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seats, of 10 
to 19 seats, that are manufactured after [5 years after effective date 
of final rule], the parameters listed in section 121.344(a)(1) through 
(a)(88) must be recorded within the ranges, accuracies, resolutions, 
and recording intervals specified in appendix M of this part.
    (d) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of section 23.1459 
(a), (b), (d), and (e) of this chapter. A correlation must be 
established between the values recorded by the flight data recorder and 
the corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. A single 
correlation may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are 
the same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Correlation documentation must be maintained by the 
certificate holder.
    (e) All airplanes subject to this section are also subject to the 
requirements and exceptions stated in sections 121.344(g) through 
121.344(k).
    (f) The following airplane types need not comply with this section, 
but must continue to comply with applicable paragraphs of section 
135.152 of this chapter, as appropriate: Beech Aircraft--99 Series, 
Beech Aircraft 1300, Beech Aircraft 1900C, Construcciones Aeronauticas, 
S.A. (CASA) C-212, deHaviland DHC-6, Dornier 228, HS-748, Embraer EMB 
110, Jetstream 3101, Jetstream 3201, Fairchild Aircraft SA-226.
    4. Appendix M to part 121 is added to read as follows:

                                             Appendix M to Part 121.--Airplane Flight Recorder Specification                                            
 [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...  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.              
2. Pressure Altitude..............  -1000 ft to max        +/-100 to +/-700 ft    1....................  5' to 35'...........  Data should be obtained  
                                     certificated           (see table, TSO                                                     from the air data       
                                     altitude of            C124a or TSO C51a).                                                 computer when           
                                     aircraft. +5000 ft.                                                                        practicable.            
3. Indicated airspeed or            50 KIAS or minimum     +/-5% and +/-3%......  1....................  1 kt................  Data should be obtained  
 Calibrated airspeed.                value to Max Vso,                                                                          from the air data       
                                     and Vso to 1.2 V.D.                                                                        computer when           
                                                                                                                                practicable.            
4. Heading (Primary flight crew     0-360 deg. and         +/-2 deg.............  1....................  0.5 deg.............  When true or magnetic    
 reference).                         Discrete ``true'' or                                                                       heading can be selected 
                                     ``mag''.                                                                                   as the primary heading  
                                                                                                                                reference, a discrete   
                                                                                                                                indicating selection    
                                                                                                                                must be recorded.       
5. Normal Acceleration (Vertical).  -3g to +6g...........  +/-1% of max range     0.125................  0.01g.                                         
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
6. Pitch Altitude.................  +/-75 deg............  +/-2 deg.............  1 or 0.25 for          0.5 deg.............  A sampling rate of 0.25  
                                                                                   airplanes operated                           is recommended.         
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
7. Roll Altitude..................  +/-180 deg...........  +/-2 deg.............  1 or 0.5 for           0.5 deg.............  A sampling rate of 0.5 is
                                                                                   airplanes operated                           recommended.            
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
8. Manual Radio Transmitter Keying  On-Off (Discrete)....  .....................  1....................  ....................  Preferably each crew     
 or CVR/DFDR synchronization                                                                                                    member but one discrete 
 reference.                                                                                                                     acceptable for all      
                                                                                                                                transmission provided   
                                                                                                                                the CVR/FDR system      
                                                                                                                                complies with TSO C124a 
                                                                                                                                CVR synchronization     
                                                                                                                                requirements (paragraph 
                                                                                                                                4.2.1 ED-55).           
9. Thrust/Power on Each Engine--    Full Range Forward...  +/-2%................  1 (per engine).......  0.2% of full range..  Sufficient parameters    
 primary flight crew reference.                                                                                                 (e.g. EPR, N1 or Torque,
                                                                                                                                NP) as appropriate to   
                                                                                                                                the particular engine be
                                                                                                                                recorded to determine   
                                                                                                                                power in forward and    
                                                                                                                                reverse thrust,         
                                                                                                                                including potential     
                                                                                                                                overspeed conditions.   
10. Autopilot Engagement..........  Discrete ``on'' or     .....................  1.                                                                    
                                     ``off''.                                                                                                           

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11. Longitudinal Acceleration.....  +/-1g................  +/-1.5% max. range     0.25.................  0.01g...............                           
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
12a. Pitch Control(s) position      Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes that have a
 (non-fly-by-wire systems.                                  Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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      Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..                           
 (fly-by-wire systems).                                     Higher Accuracy,       airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
13a. Lateral Control position(s)    Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes that have a
 (non-fly-by-wire).                                         Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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.             
13b. Lateral Control positions(s)   Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range.   .........................
 (fly-by-wire).                                             Higher Accuracy        airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
14a. Yaw Control positions(s) (fly- Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes that have a
 by-wire).                                                  Higher Accuracy                                                     flight control break    
                                                            Uniquely Required.                                                  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.                    
14b. Yaw Control positions(s) (fly- Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  .........................
 by-wire).                                                  Higher Accuracy                                                                             
                                                            Uniquely Required.                                                                          
15. Pitch Control Surface(s)        Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes fitted with
 Position.                                                  Higher Accuracy        airplanes operated                           multiple or split       
                                                            Uniquely Required.     under Sec.                                   surfaces, a suitable    
                                                                                   121.344(f).                                  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 combination of
 Position.                                                  Higher Accuracy        airplanes operated                           surface position sensors
                                                            Uniquely Required.     under Sec.                                   is acceptble in lieu of 
                                                                                   121.344(f).                                  recording each surface  
                                                                                                                                separately. The control 
                                                                                                                                surfaces may be sampled 
                                                                                                                                alternately to produce  
                                                                                                                                the sampling interval of
                                                                                                                                0.5 or 0.25.            
17. Yaw Control Surface(s)........  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes with       
                                                            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.                    
18. Lateral Acceleration..........  +/-1g................  +/-1.5% max. range     0.25.................  0.01g.                .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
19. Pitch Trim Surface Position...  Full Range...........  +/-3% Unless Higher    1....................  0.3% of full range.   .........................
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   

[[Page 37164]]

                                                                                                                                                        
20. Trailing Edge Flap or Cockpit   Full Range or Each     +/-3 deg. or as        2....................  0.5% of full range..  Flap positin and cockpit 
 Control Selection.                  Position (discrete).   Pilot's indicator.                                                  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, or 
 Control Selection.                  Discrete Position.     Pilot's indicator                                                   flap position and       
                              
FR Doc. 96-17824 Revisions to Digital Flight Data Recorder Rules
                              and sufficient to                                                   cockpit control may each
                                                            determine each                                                      be sampled at 4 second  
                                                            discrete position..                                                 intervals, so as to give
                                                                                                                                a data point every 2    
                                                                                                                                seconds.                
22. Each Thurst Reverser Position   Stowed, In Transit,    .....................  1 (per engine).......  ....................  Turbo-jet--2 discretes   
 (or equivalent for propeller        and Reverse                                                                                enable the 3 states to  
 airplane).                          (Discrete).                                                                                be determined, Turbo--  
                                                                                                                                prop--1 discrete.       
23. Ground Spoiler Position or      Full Range or Each     +/-2 deg. Unless       1 0.5 for airplanes    0.2% of full range..  .........................
 Speed Brake Selection.              Position (discrete).   Higher Accuracy        operated under Sec.                                                  
                                                            Uniquely Required.     121.344(f).                                                          
24. Outside Air Temperature or      -50 deg.C to +90       +/-2 deg.C...........  2....................  0.3 deg.C.            .........................
 Total Air Temperature.              deg.C.                                                                                                             
25. Autopilot/Autothrottle/AFCS     A suitable             .....................  1....................  ....................  Discretes should show    
 Mode and Engagement Status.         combination of                                                                             which systems are       
                                     discretes.                                                                                 engaged and which       
                                                                                                                                primary modes are       
                                                                                                                                controlling the flight  
                                                                                                                                path and speed of the   
                                                                                                                                aircraft.               
26. Radio Altitude................  -20 ft to 2,500 ft...  +/-2 ft or +/-3%       1....................  1 ft + 5% above 500   For autoland/category 3  
                                                            Whichever is Greater                          ft.                   operations each radio   
                                                            Below 500 ft and +/-                                                altimeter should be     
                                                            5% Above 500 ft.                                                    recorded, but arranged  
                                                                                                                                so that at least one is 
                                                                                                                                recorded each second.   
27. Localizer Deviation or MLS      +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Azimuth.                            available sensor       recommended.                                                        operations each system  
                                     range as installed,                                                                        should be recorded but  
                                     +/-62 deg..                                                                                arranged so that at     
                                                                                                                                least one is recorded   
                                                                                                                                each second. It is not  
                                                                                                                                necessary to record ILS 
                                                                                                                                and MLS at the same     
                                                                                                                                time, only the approach 
                                                                                                                                aid in use need be      
                                                                                                                                recorded.               
28. Glideslope Deviation or MLS     +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Elevation.                          available sensor       recommended.                                                        operations each system  
                                     range as installed,                                                                        should be recorded but  
                                     0.9 to + 30 deg..                                                                          arranged so that at     
                                                                                                                                least one is recorded   
                                                                                                                                each second. It is not  
                                                                                                                                necessary to record ILS 
                                                                                                                                and MLS at the same     
                                                                                                                                time, only the approach 
                                                                                                                                aid in use need be      
                                                                                                                                recorded.               
29. Marker Beacon Passage.........  Discrete ``on'' or     .....................  1....................  ....................  A single discrete is     
                                     ``off''.                                                                                   acceptable for all      
                                                                                                                                makers.                 
30. Master Warning................  Discrete.............  .....................  1....................  ....................  Record the master warning
                                                                                                                                and record each `red'   
                                                                                                                                warning that cannot be  
                                                                                                                                determined from other   
                                                                                                                                parameters or from the  
                                                                                                                                cockpit voice recorder. 
31. Air/ground sensor (primary      Discrete ``air'' or    .....................  1 (0.25 recommended).                                                 
 airplane system reference nose or   ``ground''.                                                                                                        
 main gear).                                                                                                                                            
32. Angle of Attack (If measured    As installed.........  As Installed.........  2 or 0.5 for           0.3% of full range..  If left and right sensors
 directly).                                                                        airplanes operated                           are available, each may 
                                                                                   under Sec.                                   be recorded at 4 second 
                                                                                   121.344(f).                                  intervals so as to give 
                                                                                                                                a data point each half  
                                                                                                                                second.                 
33. Hydraulic Pressure Low, Each    Discrete or available  +/-5%................  2....................  0.5% of full range..  .........................
 System.                             sensor range,                                                                                                      
                                     ``low''or ``normal''.                                                                                              
34. Groundspeed...................  As Installed.........  Most Accurate Systems  1....................  0.2% of full range.   .........................
                                                            Installed.                                                                                  

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35. GPWS (ground proximity warning  Discrete ``warning''   .....................  1....................  ....................  A suitable combination of
 system).                            or ``off''.                                                                                discretes unless        
                                                                                                                                recorder capacity is    
                                                                                                                                limited in which case a 
                                                                                                                                single discrete for all 
                                                                                                                                modes is acceptable.    
36. Landing Gear Position or        Discrete.............  .....................  4....................  ....................  A suitable combination of
 Landing gear cockpit control                                                                                                   discretes should be     
 selection.                                                                                                                     recorded.               
37. Drift Angle...................  As installed.........  As installed.........  4....................  0.1 deg..             .........................
38. Wind Speed and Direction......  As installed.........  As installed.........  4....................  1 knot, and 1.0                                
                                                                                                          deg..                                         
39. Latitude and Longitude........  As installed.........  As installed.........  4....................  0.002 deg...........  Provided by the Primary  
                                                                                                                                Navigation System       
                                                                                                                                Reference. Where        
                                                                                                                                capacity permits        
                                                                                                                                Latitude/longitude      
                                                                                                                                resolution should be    
                                                                                                                                0.0002 deg..            
40. Stick shaker and pusher         Discrete(s) ``on'' or  .....................  1....................  ....................  A suitable combination of
 activation.                         ``off''.                                                                                   discretes to determine  
                                                                                                                                activation.             
4l. Windshear Detection...........  Discrete ``warning''   .....................  1                                                                     
                                     or ``off''.                                                                                                        
42. Throttle/power lever position.  Full Range...........  +/-2%................  1 for each lever.....  2% of full range....  For airplanes with non-  
                                                                                                                                mechanically linked     
                                                                                                                                cockpit engine controls.
43. Additional Engine Parameters..  As installed.........  As installed.........  Each engine each       2% of full range....  Where capacity permits,  
                                                                                   second.                                      the preferred priority  
                                                                                                                                is indicated vibration  
                                                                                                                                level, N2, EGT, Fuel    
                                                                                                                                Flow, Fuel Cut-off lever
                                                                                                                                position and N3, unless 
                                                                                                                                engine manufacturer     
                                                                                                                                recommends otherwise.   
44. Traffic Alert and Collision     Discretes............  As installed.........  1....................  ....................  A suitable combination of
 Avoidance System (TCAS).                                                                                                       discretes should be     
                                                                                                                                recorded to determine   
                                                                                                                                the status of--Combined 
                                                                                                                                Control, Vertical       
                                                                                                                                Control, Up Advisory,   
                                                                                                                                and Down Advisory. (ref.
                                                                                                                                ARINC Characteristic 735
                                                                                                                                Attachment 6E, TCAS     
                                                                                                                                VERTICAL RA DATA OUTPUT 
                                                                                                                                WORD.)                  
45. DME 1 and 2 Distance..........  0-200 NM.............  As installed.........  4....................  1 NM................  1 mile.                  
46. Nav 1 and 2 Selected Frequency  Full range...........  As installed.........  4....................  ....................  Sufficient to determine  
                                                                                                                                selected frequency.     
47. Selected barometric setting...  Full Range...........  +/-5%................  (1 per 64 sec.)......  0.2% of full range.                            
48. Selected Altitude.............  Full Range...........  +/-5%................  1....................  100 ft.                                        
49. Selected speed................  Full Range...........  +/-5%................  1....................  1 knot.                                        
50. Selected Mach.................  Full Range...........  +/-5%................  1....................  .01.                                           
51. Selected vertical speed.......  Full Range...........  +/-5%................  1....................  100 ft/min.                                    
52. Selected heading..............  Full Range...........  +/-5%................  1....................  1 deg..                                        
53. Selected flight path..........  Full Range...........  +/-5%................  1....................  1 deg..                                        
54. Selected decision height......  Full Range...........  +/-5%................  64...................  1 ft.                                          
55. EFIS display format...........  Discrete(s)..........  .....................  4....................                        Discretes should show the
                                                                                                                                display system status   
                                                                                                                                (e.g., off, normal,     
                                                                                                                                fail, composite, sector,
                                                                                                                                plan, nav aids, weather 
                                                                                                                                radar, range, copy.     
56. Multi-function/Engine Alerts    Discrete(s)..........  .....................  4....................  ....................  Discretes should show the
 Display format.                                                                                                                display system status   
                                                                                                                                (e.g., off, normal,     
                                                                                                                                fail, and the identity  
                                                                                                                                of display pages for    
                                                                                                                                emergency procedures,   
                                                                                                                                need not be recorded.   
57. Thrust command................  Full Range...........  +/-2%................  2....................  2% of full range.                              
58. Thrust target.................  Full Range...........  +/-2%................  4....................  2% of full range.                              
59. Fuel quantity in CG trim tank.  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.                              

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60. Primary Navigation System       Discrete GPS, INS,     .....................  4....................  ....................  A suitable combination of
 Reference.                          VOR/DME, MLS, Loran                                                                        discretes to determine  
                                     C, Omega, Localizer                                                                        the Primary Navigation  
                                     Glideslope.                                                                                System reference.       
61. Ice Detection.................  Discrete ``ice'' or    .....................  4.                                                                    
                                     ``no ice''.                                                                                                        
62. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 vibration.                                                                                                                                             
63. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 over temp.                                                                                                                                             
64. Engine warning each engine oil  Discrete.............  .....................  1.                                                                    
 pressure low.                                                                                                                                          
65. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 over speed.                                                                                                                                            
66. Yaw Trim Surface Position.....  Full Range...........  +/-3% Unless Higher    2....................  0.3% of full range.                            
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
67. Roll Trim Surface Position....  Full Range...........  +/-3% Unless Higher    2....................  0.3% of full range.                            
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
68. Brake Pressure (left and        As installed.........  +/-5%................  1....................  ....................  To determine braking     
 right).                                                                                                                        effort applied by pilots
                                                                                                                                or by autobrakes.       
69. Brake Pedal Application (left   Discrete or Analog     +/-5% (Analog).......  1....................  ....................  To determine braking     
 and right).                         ``applied'' or                                                                             applied by pilots.      
                                     ``off''.                                                                                                           
70. Yaw or sideslip angle.........  Full Range...........  +/-5%................  1....................  0.5 deg..                                      
71. Engine bleed valve position...  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
72. De-icing or anti-icing system   Discrete ``on'' or     .....................  4.                                                                    
 selection.                          ``off''.                                                                                                           
73. Computed center of gravity....  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range....                           
74. AC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
75. DC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
76. APU bleed valve position......  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
77. Hydraulic Pressure (each        Full range...........  +/-5%................  2....................  100 psi.                                       
 system).                                                                                                                                               
78. Loss of cabin pressure........  Discrete ``loss'' or   .....................  1.                                                                    
                                     ``normal''.                                                                                                        
79. Computer failure (critical      Discrete ``fail'' or   .....................  4.                                                                    
 flight and engine control           ``normal''.                                                                                                        
 systems).                                                                                                                                              
80. Heads-up display (when an       Discrete(s) ``on'' or  .....................  4.                                           .........................
 information source is installed).   ``off''.                                                                                                           
81. Para-visual display (when an    Discrete(s) ``on'' or  .....................  1.                                           .........................
 information source is installed).   ``off''.                                                                                                           
82. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--pitch.                                                                                                                                       

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83. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--roll.                                                                                                                                        
84. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--yaw.                                                                                                                                         
85. Trailing edge flap and cockpit  Full Range...........  +/-5%................  2....................  0.5% of full range..  Trailing edge flaps and  
 flap control position.                                                                                                         cockpit flap control    
                                                                                                                                position may each be    
                                                                                                                                sampled alternately at 4
                                                                                                                                second intervals to     
                                                                                                                                provide a sample each   
                                                                                                                                0.5 second.             
86. Leading edge flap and cockpit   Full Range or          +/-5%................  1....................  0.5% of full range..  .........................
 flap control position.              Discrete.                                                                                                          
87. Ground spoiler position and     Full Range or          +/-5%................  0.5..................  0.2% of full range..  .........................
 speed brake selection.              Discrete.                                                                                                          
88. All cockpit flight control      Full Range...........  +/-5%................  1....................  0.2% of full range..  For fly-by-wire flight   
 input forces (control wheel,       Control wheel........  +/-70 lbs............                                                control systems, where  
 control column, rudder pedal).     Control Column.......  +/-85 lbs............                                                flight control surface  
                                    Rudder pedal.........  +/-165 lbs...........                                                position is a function  
                                                                                                                                of the displacement of  
                                                                                                                                the control input device
                                                                                                                                only, it is not         
                                                                                                                                necessary to record this
                                                                                                                                parameter.              
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    5. 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.

    6. Section 125.226 is added to read as follows:

Sec. 125.226  Digital flight recorders.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flights data 
recorders required by this section are as follows; the phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameters is not intended to require a change in 
installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchorinization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status:
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or the parameters of paragraph 
(a)(82) of this section, if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when the parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when the parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
the parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Maker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in appendix E of 
this part);
    (44) Traffic alert and collision avoidance system;

[[Page 37168]]

    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is 
installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, 
control column, rudder pedal).
    (b) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991, by [four years from 
effective date of final rule]--
    (1) For airplanes not equipped as of July 15, 1996 with a flight 
data acquisition unit (FDAU), the parameters listed in paragraphs 
(a)(1) through (a)(18) of this section must be recorded within the 
ranges and accuracies specified in appendix D of this part, and--
    (i) For airplanes with more than two engines, the parameter 
described in paragraph (a)(18) is not required unless sufficient 
capacity is available on the existing recorder to record that 
parameter;
    (ii) Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (2) For airlines that were equipped as of July 15, 1996 with a 
flight data acquisition unit (FDAU), the parameters listed in 
paragraphs (a)(1) through (a)(22) of this section must be recorded 
within the ranges, accuracies, and recording intervals specified in 
appendix E of this part. Parameters listed in paragraphs (a)(12) 
through (a)(17) each may be recorded from a single source.
    (3) The approved flight recorder required by this section must be 
installed at the earliest time practicable, but no later than the next 
heavy maintenance check after [two years after effective date of final 
rule], and no later than [four years after the effective date of the 
final rule]. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (c) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991--
    (1) That were equipped as of July 15, 1996 with one or more digital 
data bus(es) and an ARINC 717 digital flight data acquisition unit 
(DFDAU) or equivalent, the parameters specified in paragraphs (a)(1) 
through (a)(22) of this section must be recorded within the ranges, 
accuracies, resolutions, and sampling intervals specified in appendix E 
of this part by [4 years after effective date of the final rule]. 
Parameters listed in paragraphs (a)(12) through (a)(14) each may be 
recorded from a single source.
    (2) Commensurate with the capacity of the recording system (DFDAU 
or equivalent and the DFDR), all additional parameters for which 
information sources are installed and which are connected to the 
recording system, must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in appendix E of this 
part by [4 years after effective date of the final rule].
    (3) That were subject to Sec. 125.225(e) of this part, all 
conditions of Sec. 125.225(c) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes 
that were manufactured after October 11, 1991,--
    (1) The parameters listed in paragraph (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix E of this 
part by [4 years after effective date of the final rule]. Parameters 
listed in paragraphs (a)(12) through (a)(14) each may be recorded from 
a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in appendix E of this part by [4 years after effective date of the 
final rule].
    (e) For all turbine-engine-powered transport category airplanes 
that are manufactured after [3 years after effective date of the final 
rule]--
    (1) The parameters listed in paragraph (a)(1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, 
and recording intervals specified in appendix E of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in appendix E of this part.

[[Page 37169]]

    (f) For all turbine-engine-powered transport category airplanes 
that are manufactured after [5 years after effective date of final 
rule], the parameters listed in paragraphs (a)(1) through (a)(88) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix E of this 
part.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed by this 
section, as appropriate, until the airplane has been operated for at 
least 25 hours of the operating time specified in Sec. 121.359(a) of 
this part. A total of 1 hour of recorded data may be erased for the 
purpose of testing the flight recorder or the flight recorder system. 
Any erasure made in accordance with this paragraph must be of the 
oldest recorded data accumulated at the time of testing. Except as 
provided in paragraph (i) of this section, no record need be kept more 
than 60 days.
    (i) In the event of an accident or occurence that requires 
immediate notification of the National Transportation Safety Board 
under 49 CFR part 830 of its regulations and that results in 
termination of the flight, the certificate holder shall remove the 
recorder from the airplane and keep the recorder data prescribed by 
this section, as appropriate, for at least 60 days or for a longer 
period upon the request of the Board or the Administrator.
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459 (a), 
(b), (d), and (e) of this chapter. A correlation must be established 
between the values recorded by the flight data recorder and the 
corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are 
the same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes need not comply with this section, but 
must continue to comply with applicable paragraphs of Sec. 125.225 of 
this chapter, as appropriate:
    (1) Airplanes that meet the Stage 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) General Dynamics Convair 580, General Dynamics Convair 600, 
General Dynamics Convair 640, de Havilland Aircraft Company Ltd. DHC-7, 
Fairchild Aircraft, Inc., FH 227, Fokker F-27 (except Mark 50), F-28 
Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, Lockheed Aircraft 
Corporation Electra 10-A, Lockheed Aircraft Corporation Electra 10-B, 
Lockheed Aircraft Corporation Electra 10-E, Maryland Air Industries, 
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited 
SD3-30, Short Bros. Limited SD3-60.
    7. Appendix E to part 125 is added to read as follows:

                                             Appendix E to Part 125.--Airplane Flight Recorder Specification                                            
 [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 Courts...  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.              
2. Pressure Altitude..............  -1000 ft to max        1/-100 to +/-700 ft    1....................  5' to 35'...........  Data should be obtained  
                                     certificated           (see table, TSO                                                     from the air data       
                                     altitude of            C124a or TSO C51A).                                                 computer when           
                                     aircraft.+5000 ft.                                                                         practicable.            
3. Indicated airspeed or            50 KIAS or minimum     +/-5% and/-3%+.......  1....................  1 kt................  Data should be obtained  
 Calibrated airspeed.                value to Max VSO,                                                                          from the air data       
                                     and VSO to 1.2 V.D.                                                                        computer when           
                                                                                                                                practicable.            
4. Heading (Primary flight crew     0-360 deg. and         +/-2 deg.............  1....................  0.5 deg.............  When true or magnetic    
 reference.                          Discrete ``true''or                                                                        heading can be selected 
                                     ``mag''.                                                                                   as the primary heading  
                                                                                                                                reference, a discrete   
                                                                                                                                indicating selection    
                                                                                                                                must be recorded.       
5. Normal Acceleration (Vertical).  -3g to +6g...........  +/-1% of max range     0.125................  0.01g.                .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
                                                                                                                                                        

[[Page 37170]]

                                                                                                                                                        
6. Pitch Attitude.................  +/-75 deg............  +/-2 deg.............  1 or 0.25 for          0.5 deg.............  A sampling rate of 0.25  
                                                                                   airplanes operated                           is recommended.         
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
7. Roll Attitude..................  +/-180 deg...........  +/-2 deg.............  1 or 0.5 for           0.5 deg.............  A sampling rate of 0.5 is
                                                                                   airplanes operated                           recommended.            
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
8. Manual Radio Transmitter Keying  On-Off (Discrete)      .....................  1....................  ....................  Preferably each crew     
 or CVR/DFDR synchronization         none.                                                                                      member but one discrete 
 reference.                                                                                                                     acceptable for all      
                                                                                                                                transmission provided   
                                                                                                                                the CVR/FDR system      
                                                                                                                                complies with TSO C124a 
                                                                                                                                CVR synchronization     
                                                                                                                                requirements (paragraph 
                                                                                                                                4.2.1 ED-55).           
9. Thrust/Power on Each Engine--    Full Range Forward...  +/-2%................  1 (per engine).......  0.2% of full range..  Sufficient parameters    
 Primary flight crew reference.                                                                                                 (e.g. EPR, N1 or Torque,
                                                                                                                                NP) as appropriate to   
                                                                                                                                the particular engine be
                                                                                                                                recorded to determine   
                                                                                                                                power in forward and    
                                                                                                                                reverse thrust,         
                                                                                                                                including potential     
                                                                                                                                overspeed conditions.   
10. Autopilot Engagement..........  Discrete ``on'' or     .....................  1.                                           .........................
                                     ``off''.                                                                                                           
11. Longitudinal Acceleration.....  +/-1g................  +/-1.5% max. range     0.25.................  0.01g                 .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
12a. Pitch Control(s) position      Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes that have a
 (non-fly-by-wire systems.                                  Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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      Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  .........................
 (fly-by-wire systems).                                     Higher Accuracy        airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
13a. Lateral Control position(s)    Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes that have a
 (non-fly-by-wire).                                         Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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.             
13b. Lateral Control position(s)    Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range.   .........................
 (fly-by-wire).                                             Higher Accuracy        airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
14a. Yaw Control position(s) (non-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes that have a
 fly-by-wire).                                              Higher Accuracy                                                     flight control break    
                                                            Uniquely Required.                                                  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.                    
14b. Yaw Control position(s) (fly-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range.   .........................
 by-wire).                                                  Higher Accuracy                                                                             
                                                            Uniquely Required.                                                                          

[[Page 37171]]

                                                                                                                                                        
15. Pitch Control Surface(s)        Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes fitted with
 Position.                                                  Higher Accuracy        airplanes operated                           multiple or split       
                                                            Uniquely Required.     under Sec.                                   surfaces, a suitable    
                                                                                   121.344(f).                                  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 combination of
 Position.                                                  Higher Accuracy        airplanes operated                           surface position sensors
                                                            Uniquely Required.     under Sec.                                   is acceptable in lieu of
                                                                                   121.344(f).                                  recording each surface  
                                                                                                                                separately. The control 
                                                                                                                                surfaces may be sampled 
                                                                                                                                alternately to produce  
                                                                                                                                the sampling interval of
                                                                                                                                0.5 or 0.25.            
17. Yaw Control Surface(s)          Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes with       
 Position.                                                  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.                    
18. Lateral Acceleration..........  +/-1g................  +/-1.5% max. range     0.25.................  0.01g.                .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
19. Pitch Trim Surface Position...  Full Range...........  +/-3% Unless Higher    1....................  0.3% of full range.   .........................
                                                            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 cockpit
 Control Selection.                  Position (discrete)..  Pilot's indicator.                                                  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, or 
 Control Selection.                  Discrete Position.     Pilot's indicator                                                   flap position and       
                                                            and sufficient to                                                   cockpit control may each
                                                            determine each                                                      be sampled at 4 second  
                                                            discrete position.                                                  intervals, so as to give
                                                                                                                                a data point every 2    
                                                                                                                                seconds.                
22. Each Thrust Reverser Position   Stowed, In Transit,    .....................  1 (per engine).......  ....................  Turbo-jet 2 discretes    
 (or equivalent for propeller        and Reverse                                                                                enable the 3 states to  
 airplane).                          (Discrete)..                                                                               be determined, Turbo--  
                                                                                                                                prop--1 discrete.       
23. Ground Spoiler Position or      Full Range or Each     +/-2 deg. Un
FR Doc. 96-17824 Revisions to Digital Flight Data Recorder Rules
less       1, 0.5 for airplanes   0.2% of full range.   .........................
 Speed Brake Selection.              Position (discrete)..  Higher Accuracy        operated under Sec.                                                  
                                                            Uniquely Required.     121.344(f).                                                          
24. Outside Air Temperature or      -50 deg.C to +90       +/-2 deg. C..........  2....................  0.3 deg. C.           .........................
 Total Air Temperature.              deg.C.                                                                                                             
25. Autopilot/Autothrottle/AFCS     A suitable             .....................  1....................  ....................  Discretes should show    
 Mode and Engagement Status.         combination of                                                                             which systems are       
                                     discretes.                                                                                 engaged and which       
                                                                                                                                primary modes are       
                                                                                                                                controlling the flight  
                                                                                                                                path and speed of the   
                                                                                                                                aircraft.               
26. Radio Altitude................  -20 ft to 2,500 ft...  +/-2 ft or +/-3%       1....................  1 ft +5% above 500    For autoland/category 3  
                                                            Whichever is Greater                          ft.                   operations. each radio  
                                                            Below 500 ft and +/-                                                altimeter should be     
                                                            5% Above 500 ft..                                                   recorded, but arranged  
                                                                                                                                so that at least one is 
                                                                                                                                recorded each second.   
27. Localizer Deviation or MLS      +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Azimuth.                            available sensor       recommended.                                                        operations. each system 
                                     range as installed +/                                                                      should be recorded but  
                                     -62 deg..                                                                                  arranged so that at     
                                                                                                                                least one is recorded   
                                                                                                                                each second. It is not  
                                                                                                                                necessary to record ILS 
                                                                                                                                and MLS at the same     
                                                                                                                                time, only the approach 
                                                                                                                                aid in use need be      
                                                                                                                                recorded.               

[[Page 37172]]

                                                                                                                                                        
28. Glideslope Deviation or MLS     +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Elevation.                          available sensor       recommended.                                                        operations. each system 
                                     range as installed.                                                                        should be recorded but  
                                     0.9 to +30 deg..                                                                           arranged so that at     
                                                                                                                                least one is recorded   
                                                                                                                                each second. It is not  
                                                                                                                                necessary to record ILS 
                                                                                                                                and MlS at the same     
                                                                                                                                time, only the approach 
                                                                                                                                aid in use need be      
                                                                                                                                recorded.               
29. Marker Beacon Passage.........  Discrete ``on'' or     .....................  1....................  ....................  A single discrete is     
                                     ``off''.                                                                                   acceptable for all      
                                                                                                                                markers.                
30. Master Warning................  Discrete.............  .....................  1....................  ....................  Record the master warning
                                                                                                                                and record each ``red'' 
                                                                                                                                warning that cannot be  
                                                                                                                                determined from other   
                                                                                                                                parameters or from the  
                                                                                                                                cockpit voice recorder. 
31. Air/ground sensor (primary      Discrete ``air'' or    .....................  1 (0.25 recommended).                                                 
 airplane system reference nose or   ``ground''.                                                                                                        
 main gear).                                                                                                                                            
32. Angle of Attack (If measured    As installed.........  As Installed.........  2 or 0.5 for           0.3% of full range..  If left and right sensors
 directly).                                                                        airplanes operated                           are available, each may 
                                                                                   under Sec.                                   be recorded at 4 second 
                                                                                   121.344(f).                                  intervals so as to give 
                                                                                                                                a data point each half  
                                                                                                                                second.                 
33. Hydraulic Pressure Low, Each    Discrete or available  +/-5%................  2....................  0.5% of full range.                            
 System.                             sensor range,                                                                                                      
                                     ``low'' or                                                                                                         
                                     ``normal''.                                                                                                        
34. Groundspeed...................  As Installed.........  Most Accurate Systems  1....................  0.2% of full range.                            
                                                            Installed.                                                                                  
35. GPWS (ground proximity warning  Discrete ``warning''   .....................  1....................  ....................  A suitable combination of
 system).                            or ``off''.                                                                                discretes unless        
                                                                                                                                recorder capacity is    
                                                                                                                                limited in which case a 
                                                                                                                                singel discrete for all 
                                                                                                                                modes is acceptable.    
36. Landing Gear Position or        Discrete.............  .....................  4....................  ....................  A suitable combination of
 Landing gear cockpit control                                                                                                   discretes should be     
 selection.                                                                                                                     recorded.               
37. Drift Angle...................  As installed.........  As installed.........  4....................  0.1%.                                          
38. Wind Speed and Direction......  As installed.........  As installed.........  4....................  1 knot, and 1.0.                               
39. Latitude and Longitude........  As installed.........  As installed.........  4....................  0.002 deg...........  Provided by the Primary  
                                                                                                                                Navigation System       
                                                                                                                                Reference. Where        
                                                                                                                                capacity permits        
                                                                                                                                Latitude/longitude      
                                                                                                                                resolution should be    
                                                                                                                                0.0002 deg..            
40. Stick shaker and pusher         Discrete(s) ``on'' or  .....................  1....................  ....................  A suitable combination of
 activation.                         ``off''.                                                                                   discretes to determine  
                                                                                                                                activation.             
41. Windshear Detection...........  Discrete ``warning''   .....................  1.                                                                    
                                     or ``off''.                                                                                                        
42. Throttle/power lever position.  Full Range...........  +/-2%................  1 for each lever.....  2% of full range....  For airplanes with non-  
                                                                                                                                mechanically linked     
                                                                                                                                cockpit engine controls.
43. Additional Engine Parameters..  As installed.........  As installed.........  Each engine each       2% of full range....  Where capacity permits,  
                                                                                   second.                                      the preferred priority  
                                                                                                                                is indicated vibration  
                                                                                                                                level, N2, EGT, Fuel    
                                                                                                                                Flow, Fuel Cut-off lever
                                                                                                                                position and N3, unless 
                                                                                                                                engine manufacturer     
                                                                                                                                recommends otherwise.   
44. Traffic Alert and Collision     Discretes............  As installed.........  1....................  ....................  A suitable combination of
 Avoidance System (TCAS).                                                                                                       discretes should be     
                                                                                                                                recorded to determine   
                                                                                                                                the status of--Combined 
                                                                                                                                Control, Vertical       
                                                                                                                                Control, Up Advisory,   
                                                                                                                                and Down Advisory. (ref.
                                                                                                                                ARINC Characteristic 735
                                                                                                                                Attachment 6E, TCAS     
                                                                                                                                VERTICAL RA DATA OUTPUT 
                                                                                                                                WORD.)                  
45. DME 1 and 2 Distance..........  0-200 NM;............  As installed.........  4....................  1 NM................  1 mile.                  
46. Nav 1 and 2 Selected Frequency  Full range...........  As installed.........  4....................  ....................  Sufficient to determine  
                                                                                                                                selected frequency.     
47. Selected barometric setting...  Full Range...........  +/-5%................  (1 per 64 sec.)        0.2% of full range..                           

[[Page 37173]]

                                                                                                                                                        
48. Selected Altitude.............  Full Range...........  +/-5%................  1....................  100 ft.                                        
49. Selected speed................  Full Range...........  +/-5%................  1....................  1 knot.                                        
50. Selected Mach.................  Full Range...........  +/-5%................  1....................  .01.                                           
51. Selected vertical speed.......  Full Range...........  +/-5%................  1....................  100 ft/min.                                    
52. Selected heading..............  Full Range...........  +/-5%................  1....................  1 deg..                                        
53. Selected flight path..........  Full Range...........  +/-5%................  1....................  1 deg..                                        
54. Selected decision height......  Full Range...........  +/-5%................  64...................  1 ft.                                          
55. EFIS display format...........  Discrete(s)..........  .....................  4....................  ....................  Discretes should show the
                                                                                                                                display system status   
                                                                                                                                (e.g., off, normal,     
                                                                                                                                fail, composite, sector,
                                                                                                                                plan, nav aids, weather 
                                                                                                                                radar, range, copy.     
56. Multi-function/Engine Alerts    Discrete(s)..........  .....................  4....................  ....................  Discretes should show the
 Display format.                                                                                                                display system status   
                                                                                                                                (e.g., off, normal,     
                                                                                                                                fail, and the identity  
                                                                                                                                of display pages for    
                                                                                                                                emergency procedures,   
                                                                                                                                need not be recorded.   
57. Thrust command................  Full Range...........  +/-2%................  2....................  2% of full range.                              
58. Thrust target.................  Full Range...........  +/-2%................  4....................  2% of full range.                              
59. Fuel quantity in CG trim tank.  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.                              
60. Primary Navigation System       Discrete GPS, INS,     .....................  4....................  ....................  A suitable combination of
 Reference.                          VOR/DME, MLS, Loran                                                                        Discretes to determine  
                                     C, Omega, Localizer                                                                        the Primary Navigation  
                                     Glideslope.                                                                                System reference.       
61. Ice Detection.................  Discrete ``ice'' or    .....................  4.                                                                    
                                     ``no ice''.                                                                                                        
62. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 vibration.                                                                                                                                             
63. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 over temp..                                                                                                                                            
64. Engine warning each engine oil  Discrete.............  .....................  1.                                                                    
 pressure low.                                                                                                                                          
65. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 over speed.                                                                                                                                            
66. Yaw Trim Surface Position.....  Full Range...........  +/-3% Unless Higher    2....................  0.3% of full range.                            
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
67. Roll Trim Surface Position....  Full Range...........  +/-3% Unless Higher    2....................  0.3% of full range..                           
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
68. Brake Pressure (left and        As installed.........  +/-5%................  1....................  ....................  To determine braking     
 right).                                                                                                                        effort applied by pilots
                                                                                                                                or by autobrakes.       
69. Brake Pedal Application (left   Discrete or Analog     +/-5% (Analog).......  1....................  ....................  To determine braking     
 and right).                         ``applied'' or                                                                             applied by pilots.      
                                     ``off''.                                                                                                           
70. Yaw or sideslip angle.........  Full Range...........  +/-5%................  1....................  0.5 deg.                                       
71. Engine bleed valve position...  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
72. De-icing or anti-icing system   Discrete ``on'' or     .....................  4.                                                                    
 selection.                          ``off''.                                                                                                           
73. Computed center of gravity....  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range....                           
74. AC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           

[[Page 37174]]

                                                                                                                                                        
75. DC electric bus status........  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
76. APU bleed valve position......  Discrete ``open'' or   .....................  4.                                                                    
                                     ``closed''.                                                                                                        
77. Hydraulic Pressure (each        Full Range...........  +/-5%................  2....................  100 psi.                                       
 system).                                                                                                                                               
78. Loss of cabin pressure........  Discrete ``loss'' or   .....................  1.                                                                    
                                     ``normal''.                                                                                                        
79. Computer failure (critical      Discrete ``fail'' or   .....................  4.                                                                    
 flight and engine control           ``normal''.                                                                                                        
 systems).                                                                                                                                              
80. Heads-up display (when an       Discrete(s) ``on'' or  .....................  4.                                                                    
 information source is installed).   ``off''.                                                                                                           
81. Para-visual display (when an    Discrete(s) ``on'' or  .....................  1.                                                                    
 information source is installed).   ``off''.                                                                                                           
82. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range.                            
 position--pitch.                                                                                                                                       
83. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range.                            
 position--roll.                                                                                                                                        
84. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range.                            
 position--yaw.                                                                                                                                         
85. Trailing edge flap and cockpit  Full Range...........  +/-5%................  2....................  0.5% of full range..  Trailing edge flaps and  
 flap control position.                                                                                                         cockpit flap control    
                                                                                                                                position may each be    
                                                                                                                                sampled alternately at 4
                                                                                                                                second intervals to     
                                                                                                                                provide a sample each   
                                                                                                                                0.5 second.             
86. Leading edge flap and cockpit   Full Range or          +/-5%................  1....................  0.5% of full range.                            
 flap control position.              Discrete.                                                                                                          
87. Ground spoiler position and     Full Range or          +/-5%................  0.5..................  0.2% of full range..                           
 speed brake selection.              discrete.                                                                                                          
88. All cockpit flight control      Full Range...........  +/-5%................  1....................  0.2% of full range..  For fly-by-wire flight   
 input forces (control wheel,       Control wheel........  +/-70 lbs............                                                control systems, where  
 control column, rudder pedal).     Control Column.......  +/-85 lbs............                                                flight control surface  
                                    Rudder pedal.........  +/-165 lbs...........                                                position is a function  
                                                                                                                                of the displacement of  
                                                                                                                                the control input device
                                                                                                                                only, it is not         
                                                                                                                                necessary to record this
                                                                                                                                parameter.              
--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

    8. The authority citation for part 129 continues to read as 
follows:

    Authority: 49 USC 106(g), 40104-40105, 40113, 40119, 44701-
44702, 44712, 44716-44717, 44722, 44901-44904, 44096.

    9. In Sec. 129.1, the first sentence of paragraph (b) is revised to 
read as follows:

Sec. 129.1  Applicability.

* * * * *
    (b) Sections 129.14 and 129.20 also apply to U.S.-registered 
aircraft operated in common carriage by a foreign person or foreign air 
carrier solely outside the United States. * * *
    10. Section 129.20 is added to read as follows:

Sec. 129.20  Digital flight data recorders.

    No person may operate an aircraft under this part that is 
registered in the United States unless it is equipped with one or more 
approved flight recorders that use a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The flight data recorder must record the parameters 
that would be required to be recorded if the aircraft were operated 
under parts 121 or 135 of this chapter, and must be installed by the 
compliance times required by those parts, as applicable to the 
aircraft.

PART 135 AIR--TAXI OPERATORS AND COMMERCIAL OPERATORS

    11. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 USC 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

    12. Section 135.152 is revised to read as follows:

[[Page 37175]]

Sec. 135.152  Flight recorders.

* * * * *
    (f) (1) For airplanes manufactured on or before [3 years after 
effective date of final rule], and all other aircraft, each flight 
recorder required by this section must be installed in accordance with 
the requirements of Sec. 23.1459, 25.1459, 27.1459, or 29.1459, as 
appropriate, of this chapter. The correlation required by paragraph (c) 
of Secs. 23.1459, 25.1459, 27.1459, or 29.1459, as appropriate, of this 
chapter need be established only on one aircraft of a group of 
aircraft:
    (i) That are of the same type;
    (ii) On which the flight recorder models and their installations 
are the same; and
    (iii) On which there are no differences in the type design with 
respect to the installation of the first pilot's instruments associated 
with the flight recorder. The most recent instrument calibration, 
including the recording medium from which this calibration is derived, 
and the recorder correlation must be retained by the certificate 
holder.
    (f) (2) For airplanes manufactured after [3 years after effective 
date of final rule], each flight data recorder system required by this 
section must be installed in accordance with the requirements of 
Sec. 23.1459 (a), (b), (d), and (e) of this chapter, or Sec. 25.1459 
(a), (b), (d), and (e) of this chapter. A correlation must be 
established between the values recorded by the flight data recorder and 
the corresponding values being measured. The correlation must contain a 
sufficient number of correlation points to accurately establish the 
conversion from the recorded values to engineering units or discrete 
state over the full operating range of the parameter. Except for 
airplanes having separate altitude and airspeed sensors that are an 
integral part of the flight data recorder system, a single correlation 
may be established for any group of airplanes--
    (i) That are of the same type;
    (ii) On which the flight recorder system and its installation are 
the same; and
    (iii) On which there is no difference in the type design with 
respect to the installation of those sensors associated with the flight 
data recorder system. Documentation sufficient to convert recorded data 
into the engineering units and discrete values specified in the 
applicable appendix must be maintained by the certificate holder.
* * * * *
    13. In Sec. 135.152, new paragraphs (h), (i), and (j) are added to 
read as follows:
* * * * *
    (h) The operational parameters required to be recorded by digital 
flight data recorders required by paragraphs (i) and (j) of this 
section are as follows; the phrase ``when an information source is 
installed'' following a parameter indicates that recording of that 
parameter is not intended to require a change in installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;
    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or the parameters of paragraph 
(h)(82) of this section, if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when the parameters of paragraph (h)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when the parameters of paragraph (h)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
the parameters of paragraph (h)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control system (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Market beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in appendix F of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is 
installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);
    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;

[[Page 37176]]

    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection; and
    (88) All cockpit flight control input forces (control wheel, 
control column, rudder pedal).
    (i) For all turbine-engine-powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, manufactured after [3 years after effective date of 
the final rule]--
    (1) The parameters listed in paragraphs (h)(1) through (h)(57) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix F of this 
part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified 
in appendix F of this part.
    (j) For all turbine-engine-powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, that are manufactured after [5 years after effective 
date of final rule], the parameters listed in paragraph (a)(1) through 
(a)(88) of this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix F of this 
part.
    14. Appendix F to part 135 is added to read as follows:

                                             Appendix F to Part 135.--Airplane Flight Recorder Specification                                            
 [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...  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.              
2. Pressure Altitude..............  -1000 ft to max        +/-100 to +/-700 ft    1....................  5' to 35'...........  Data should be obtained  
                                     certificated           (see table, TSO                                                     from the air data       
                                     altitude of            C124a or TSO C51a).                                                 computer when           
                                     aircraft.+5000 ft.                                                                         practicable.            
3. Indicated airspeed or            50 KIAS or minimum     +/-5% and +/-3%......  1....................  1 kt................  Data should be obtained  
 Calibrated airspeed.                value to Max Vso and                                                                       from the air data       
                                     Vso to 1.2 V.D.                                                                            computer when           
                                                                                                                                practicable.            
4. Heading (Primary flight crew     0-360 deg. and         +/-2 deg.............  1....................  0.5 deg.............  When true or magnetic    
 reference).                         Discrete ``true'' or                                                                       heading can be selected 
                                     ``mag''.                                                                                   as the primary heading  
                                                                                                                                reference, a discrete   
                                                                                                                                indicating selection    
                                                                                                                                must be recorded.       
5. Normal Acceleration (Vertical).  -3g to +6g...........  +/--1% of max range    0.125................  0.01g                 .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
6. Pitch Attitude.................  +/-75 deg............  +/-2 deg.............  1 or 0.25 for          0.5 deg.............  A sampling rate of 0.25  
                                                                                   airplanes operated                           is recommended.         
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
7. Roll Attitude..................  +/-180 deg...........  +/-2 deg.............  1 or 0.5 for           0.5 deg.............  A sampling rate of 0.5 is
                                                                                   airplanes operated                           recommended.            
                                                                                   under Sec.                                                           
                                                                                   121.344(f).                                                          
8. Manual Radio Transmitter Keying  On-Off (Discrete)....  .....................  1....................  ....................  Preferably each crew     
 or CVR/DFDR synchronization                                                                                                    member but one discrete 
 reference.                                                                                                                     acceptable for all      
                                                                                                                                transmission provided   
                                                                                                                                the CVR/FDR system      
                                                                                                                                complies with TSO C124a 
                                                                                                                                CVR synchronization     
                                                                                                                                requirements (paragraph 
                                                                                                                                4.2.1 ED-55).           
9. Thrust/Power on Each Engine--    Full Range Forward...  +/-2%................  1 (per engine).......  0.2% of full range..  Sufficient parameters    
 primary flight crew reference.                                                                                                 (e.g. EPR, N1 or Torque,
                                                                                                                                NP) as appropriate to   
                                                                                                                                the particular engine be
                                                                                                                                recorded to determine   
                                                                                                                                power in forward and    
                                                                                                                                reverse thrust,         
                                                                                                                                including potential     
                                                                                                                                overspeed conditions.   

[[Page 37177]]

                                                                                                                                                        
10. Autopilot Engagement..........  Discrete ``on'' or     .....................  1.                                           .........................
                                     ``off''.                                                                                                           
11. Longitudinal Acceleration.....  +/-1g................  +/-1.5% max. range     0.25.................  0.01g...............  .........................
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             
12a. Pitch Control(s) position      Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes that have a
 (non-fly-wire systems.                                     Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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      Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  .........................
 (fly-by-wire systems).                                     Higher Accuracy        airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
13a. Lateral Control position(s)    Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes that have a
 (non-fly-by-wire).                                         Higher Accuracy        airplanes operated                           flight control break    
                                                            Uniquely Required.     under Sec.                                   away capability that    
                                                                                   121.344(f).                                  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.             
13b. Lateral Control position(s)    Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range.                            
 (fly-by-wire).                                             Higher Accuracy        airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
14a. Yaw Control Position(s) (non-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes that have a
 fly-by-wire).                                              Higher Accuracy                                                     flight control break    
                                                            Uniquely Required.                                                  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.                    
14b. Yaw Control Position(s) (fly-  Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range.                            
 by-wire).                                                  Higher Accuracy                                                                             
                                                            Uniquely Required.                                                                          
15. Pitch Control Surface(s)        Full Range...........  +/-2 deg. Unless       0.5 or 0.25 for        0.2% of full range..  For airplanes fitted with
 Position.                                                  Higher Accuracy        airplanes operated                           multiple or split       
                                                            Uniquely Required.     under Sec.                                   surfaces, a suitable    
                                                                                   121.344(f).                                  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 combination of
 Position.                                                  Higher Accuracy        airplanes operated                           surface position sensors
                                                            Uniquely Required.     under Sec.                                   is acceptable in lieu of
                                                                                   121.344(f).                                  recording each surface  
                                                                                                                                separately. The control 
                                                                                                                                surfaces may be sampled 
                                                                                                                                alternately to produce  
                                                                                                                                the sampling interval of
                                                                                                                                0.5 or 0.25.            
17. Yaw Control Surface(s)          Full Range...........  +/-2 deg. Unless       0.5..................  0.2% of full range..  For airplanes with       
 Position.                                                  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                     
18. Lateral Acceleration..........  +/-1g................  +/-1.5% max. range     0.25.................  0.01g.                                         
                                                            excluding datum                                                                             
                                                            error of +/-5%.                                                                             

[[Page 37178]]

                                                                                                                                                        
19. Pitch Trim Surface Position...  Full Range...........  +/-3% Unless Higher    1....................  0.3% of full range.                            
                                                            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 cockpit
 Control Selection.                  Position (discrete).   Pilot's indicator.                                                  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, or 
 Control Selection.                  Discrete Position.     Pilot's indicator                                                   flap position and       
                                                            and sufficient to                                                   cockpit control may each
                                                            determine each                                                      be sampled at 4 second  
                                                            discrete position.                                                  intervals, so as to give
                                                                                                                                a data point every 2    
                                                                                                                                seconds.                
22. Each Thrust Reverser Position   Stowed, In Transit,    .....................  1 (per engine).......  ....................  Turbo-jet--2 discretes   
 (or equivalent for propeller        and Reverse                                                                                enable the 3 states to  
 airplane).                          (Discrete)..                                                                               be determined Turbo-prop-
                                                                                                                                1 discrete.             
23. Ground Spoiler Position or      Full Range or Each     +/-2 deg. Unless       1 or 0.5 for           0.2% of full range.                            
 Speed Brake Selection.              Position (discrete).   Higher Accuracy        airplanes operated                                                   
                                                            Uniquely Required.     under Sec.                                                           
                                                                                   121.344(f).                                                          
24. Outside Air Temperature or      -50 deg.C to +90       +/-2 deg. C..........  2....................  0.3 deg. C.                                    
 Total Air Temperature.              deg.C.                                                                                                             
25. Autopilot/Autothrottle/AFCS     A suitable             .....................  1....................  ....................  Discretes should show    
 Mode and Engagement Status.         combination of                                                                             which systems are       
                                     discretes.                                                                                 engaged and which       
                                                                                                                                primary modes are       
                                                                                                                                controlling the flight  
                                                                                                                                path and speed of the   
                                                                                                                                aircraft.               
26. Radio Altitude................  -20 ft to 2,500 ft...  +/-2 ft or +/-3%       1....................  1 ft 5% above 500 ft  For autoland/category 3  
                                                            Whichever is Greater                          of full range.        operations, each radio  
                                                            Below 500 ft and +/-                                                altimeter should be     
                                                            5% Above 500 ft.                                                    recorded, but arranged  
                                                                                                                                so that at least one is 
                                                                                                                                recorded each second.   
27. Localizer Deviation or MLS      +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Azimuth.                            available sensor       recommended.                                                        operations, each system 
                                     range as installed +/                                                                      should be recorded but  
                                     -62 deg..                                                                                  arranged so that at     
                                                                                                                                least one is recorded   
                                                                                                                                each second. It is not  
                                                                                                                                necessary to record ILS 
                                                                                                                                and MLS at the same     
                                                                                                                                time, only the approach 
                                                                                                                                aid in use need to be   
                                                                                                                                recorded.               
28. Glideslope Deviation or MLS     +/-400 Microamps or    As installed +/-3%     1....................  0.3% of full range..  For autoland/category 3  
 Elevation.                          available sensor       recommended.                                                        operations, each system 
                                     range as installed.                                                                        should be recorded but  
                                     0.9 to + 30 deg..                                                                          arranged so that at     
                                                                                                                                least one is recorded   
                                                                                                                                each second. It is not  
                                                                                                                                necessary to record ILS 
          
FR Doc. 96-17824 Revisions to Digital Flight Data Recorder Rules
                                                                                                                      and MLS at the same     
                                                                                                                                time, only the approach 
                                                                                                                                aid in use need to be   
                                                                                                                                recorded.               
29. Marker Beacon Passage.........  Discrete ``on'' or     .....................  1....................  ....................  A single discrete is     
                                     ``off''.                                                                                   acceptable for all      
                                                                                                                                markers.                
30. Master Warning................  Discrete.............  .....................  1....................  ....................  Record the master warning
                                                                                                                                and record each `red'   
                                                                                                                                warning that cannot be  
                                                                                                                                determined from other   
                                                                                                                                parameters or from the  
                                                                                                                                cockpit voice recorder. 
31. Air/ground sensor (primary      Discrete ``air'' or    .....................  1 (0.25 recommended).                                                 
 airplane system reference nose or   ``ground''.                                                                                                        
 main gear).                                                                                                                                            
32. Angle of Attack (If measured    As installed.........  As Installed.........  2 or 0.5 for           0.3% of full range..  If left and right sensors
 directly).                                                                        airplanes operated                           are available, each may 
                                                                                   under Sec.                                   be recorded at 4 second 
                                                                                   121.344(f).                                  intervals so as to give 
                                                                                                                                a data point each half  
                                                                                                                                second.                 
33. Hydraulic Pressure Low, Each    Discrete or available  +/- 5%...............  2....................  0.5% of full range.                            
 System.                             sensor range,                                                                                                      
                                     ``low'' or                                                                                                         
                                     ``normal''.                                                                                                        

[[Page 37179]]

                                                                                                                                                        
34. Groundspeed...................  As Installed.........  Most Accurate Systems  1....................  0.2% of full range.                            
                                                            Installed.                                                                                  
35. GPWS (ground proximity warning  Discrete ``warning''   .....................  1....................  ....................  A suitable combination of
 system).                            or ``off''.                                                                                discretes unless        
                                                                                                                                recorder capacity is    
                                                                                                                                limited in which case a 
                                                                                                                                single discrete for all 
                                                                                                                                modes is acceptable.    
36. Landing Gear Position or        Discrete.............  .....................  4....................  ....................  A suitable combination of
 Landing gear cockpit control                                                                                                   discretes should be     
 selection.                                                                                                                     recorded.               
37. Drift Angle...................  As installed.........  As installed.........  4....................  0.1 deg..                                      
38. Wind Speed and Direction......  As installed.........  As installed.........  4....................  1 knot, and 1.0                                
                                                                                                          deg..                                         
39. Latitude and Longitude........  As installed.........  As installed.........  4....................  0.002 deg...........  Provided by the Primary  
                                                                                                                                Navigation System       
                                                                                                                                Reference. Where        
                                                                                                                                capacity permits        
                                                                                                                                Latitude/longitude      
                                                                                                                                resolution should be    
                                                                                                                                0.0002 deg..            
40. Stick shaker and pusher         Discrete(s) ``on'' or  .....................  1....................  ....................  A suitable combination of
 activation.                         ``off''.                                                                                   discretes to determine  
                                                                                                                                activation.             
41. Windshear Detection...........  Discrete ``warning''   .....................  1.                                           .........................
                                     or ``off''.                                                                                                        
42. Throttle/power lever position.  Full Range...........  +/- 2%...............  1 for each lever.....  2% of full range....  For airplanes with non-  
                                                                                                                                mechanically linked     
                                                                                                                                cockpit engine controls.
43. Additional Engine Parameters..  As installed.........  As installed.........  Each engine each       2% of full range....  Where capacity permits,  
                                                                                   second.                                      the preferred priority  
                                                                                                                                is indicated vibration  
                                                                                                                                level, N2, EGT, Fuel    
                                                                                                                                Flow, Fuel Cut-off lever
                                                                                                                                position and N3, unless 
                                                                                                                                engine manufacturer     
                                                                                                                                recommends otherwise.   
44. Traffic Alert and Collision     Discretes............  As installed.........  1....................  ....................  A suitable combination of
 Avoidance System (TCAS).                                                                                                       discretes should be     
                                                                                                                                recorded to determine   
                                                                                                                                the status of--Combined 
                                                                                                                                Control, Vertical       
                                                                                                                                Control, Up Advisory,   
                                                                                                                                and Down Advisory. (ref.
                                                                                                                                ARINC Characteristic 735
                                                                                                                                Attachment 6E, TCAS     
                                                                                                                                VERTICAL RA DATA OUTPUT 
                                                                                                                                WORD.)                  
45. DME 1 and 2 Distance..........  0-200 NM;............  As installed.........  4....................  1 NM................  1 mile.                  
46. Nav 1 and 2 Selected Frequency  Full range...........  As installed.........  4....................  ....................  Sufficient to determine  
                                                                                                                                selected frequency.     
47. Selected barometric setting...  Full Range...........  +/- 5%...............  (1 per 64 sec.)......  0.2% of full range.                            
48. Selected Altitude.............  Full Range...........  +/- 5%...............  1....................  100 ft.                                        
49. Selected speed................  Full Range...........  +/- 5%...............  1....................  1 knot.                                        
50. Selected Mach.................  Full Range...........  +/- 5%...............  1....................  .01.                                           
51. Selected vertical speed.......  Full Range...........  +/- 5%...............  1....................  100 ft/min.                                    
52. Selected heading..............  Full Range...........  +/- 5%...............  1....................  1 deg...............                           
53. Selected flight path..........  Full Range...........  +/-5%................  1....................  1 deg..                                        
54. Selected decision height......  Full Range...........  +/- 5%...............  64...................  1 ft.                                          
55. EFIS display format...........  Discrete(s)..........  .....................  4....................  ....................  Discretes should show the
                                                                                                                                display system status   
                                                                                                                                (e.g., off, normal,     
                                                                                                                                fail, composite, sector,
                                                                                                                                plan, nav aids, weather 
                                                                                                                                radar, range, copy.     
56. Multi-function/Engine Alerts    Discrete(s)..........  .....................  4....................  ....................  Discretes should show the
 Display format.                                                                                                                display system status   
                                                                                                                                (e.g., off, normal,     
                                                                                                                                fail, and the identity  
                                                                                                                                of display pages for    
                                                                                                                                emergency procedures,   
                                                                                                                                need not be recorded.   
57. Thrust command................  Full Range...........  +/- 2%...............  2....................  2% of full range.                              
58. Thrust target.................  Full Range...........  +/-2%................  4....................  2% of full range.     .........................
59. Fuel quantity in CG trim tank.  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.     .........................

[[Page 37180]]

                                                                                                                                                        
60. Primary Navigation System       Discrete GPS, INS,     .....................  4....................  ....................  A suitable combination of
 Reference.                          VOR/DME, MLS, Loran                                                                        discretes to determine  
                                     C, Omega, Localizer                                                                        the Primary Navigation  
                                     Glideslope.                                                                                System Reference.       
61. Ice Detection.................  Discrete ``ice'' or    .....................  4.                                           .........................
                                     ``no ice''.                                                                                                        
62. Engine warning each engine      Discrete.............  .....................  1.                                           .........................
 vibration.                                                                                                                                             
63. Engine warning each engine      Discrete.............  .....................  1.                                           .........................
 over temp.                                                                                                                                             
64. Engine warning each engine oil  Discrete.............  .....................  1.                                                                    
 pressure low.                                                                                                                                          
65. Engine warning each engine      Discrete.............  .....................  1.                                                                    
 over speed.                                                                                                                                            
66. Yaw Trim Surface Position.....  Full Range...........  +/-3% Unless Higher    2....................  0.3% of full range..  .........................
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
67. Roll Trim Surface Position....  Full Range...........  +/-3% Unless Higher    2....................  0.3% of full range..  .........................
                                                            Accuracy Uniquely                                                                           
                                                            Required.                                                                                   
68. Brake Pressure (left and        As installed.........  +/-5%................  1....................  ....................  To determine braking     
 right).                                                                                                                        effort applied by pilots
                                                                                                                                or by autobrakes.       
69. Brake Pedal Application (left   Discrete or Analog     +/-5% (Analog).......  4....................  ....................  To determine braking     
 and right).                         ``applied'' or                                                                             applied by pilots.      
                                     ``off''.                                                                                                           
70. Yaw or sideslip angle.........  Full Range...........  +/-5%................  1....................  0.5 deg..             .........................
71. Engine bleed valve position...  Discrete ``open'' or   .....................  4.                                           .........................
                                     ``closed''.                                                                                                        
72. Deicing or anti-icing system    Discrete ``on'' or     .....................  4.                                           .........................
 selection.                          ``off''.                                                                                                           
73. Computed center of gravity....  Full Range...........  +/-5%................  (1 per 64 sec.)......  1% of full range.     .........................
74. AC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
75. DC electrical bus status......  Discrete ``power'' or  .....................  4....................  ....................  Each bus.                
                                     ``off''.                                                                                                           
76. APU bleed valve position......  Discrete ``open'' or   .....................  4.                                           .........................
                                     ``closed''.                                                                                                        
77. Hydraulic Pressure (each        Full range...........  +/-5%................  2....................  100 psi.              .........................
 system).                                                                                                                                               
78. Loss of cabin pressure........  Discrete ``loss'' or   .....................  1.                                                                    
                                     ``normal''.                                                                                                        
79. Computer failure (critical      Discrete ``fail'' or   .....................  4                                                                     
 flight and engine control           ``normal''.                                                                                                        
 systems).                                                                                                                                              
80. Heads-up display (when an       Discrete(s) ``on'' or  .....................  4.                                                                    
 information source is installed).   ``off''.                                                                                                           
81. Para-visual display (when an    Discrete(s) ``on'' or  .....................  1.                                                                    
 information source is installed).   ``off''.                                                                                                           
82. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--pitch.                                                                                                                                       

[[Page 37181]]

                                                                                                                                                        
83. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--roll.                                                                                                                                        
84. Cockpit trim control input      Full Range...........  +/-5%................  1....................  0.2% of full range..  .........................
 position--yaw.                                                                                                                                         
85. Trailing edge flap and cockpit  Full Range...........  +/-5%................  2....................  0.5% of full range..  Trailing edge flaps and  
 flap control position.                                                                                                         cockpit flap control    
                                                                                                                                position may each be    
                                                                                                                                sampled alternately at 4
                                                                                                                                second intervals to     
                                                                                                                                provide a sample each   
                                                                                                                                0.5 second.             
86. Leading edge flap and cockpit   Full Range or          +/-5%................  1....................  0.5% of full range..  .........................
 flap control position.              Discrete.                                                                                                          
87. Ground spoiler position and     Full Range or          +/-5%................  0.5..................  0.2% of full range.   .........................
 speed brake selection.              discrete.                                                                                                          
88. All cockpit flight control      Full Range...........  +/-5%................  1....................  0.2% of full range..  For fly-by-wire flight   
 input forces (control wheel,       Control wheel........  +/-70 lbs.                                                           control systems, where  
 control column, rudder pedal).     Control Column.......  +/-85 lbs.                                                           flight control surface  
                                    Rudder pedal.........  +/-165 lbs.                                                          position is a function  
                                                                                                                                of the displacement of  
                                                                                                                                the control input device
                                                                                                                                only, it is not         
                                                                                                                                necessary to record this
                                                                                                                                parameter.              
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on July 9, 1996.
Ava L. Robinson,
Special Assistant to the Director, Aircraft Certification Service.
[FR Doc. 96-17824 Filed 7-10-96; 3:17 pm]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-17430 Tribal Revenue Allocation Plans
[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Page 37022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17430]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 290

RIN 1076-AD14

Tribal Revenue Allocation Plans

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document modifies the preamble to a proposed rule 
published on June 7, 1996 regarding tribal revenue allocation plans. 
This correction clarifies that the proposed rule applies prospectively 
to plans submitted for approval from the effective date of the final 
rule.

FOR FURTHER INFORMATION CONTACT:
Nancy Pierskalla, Management Analyst, Indian Gaming Management Staff 
Office, at 202-219-4068.

SUPPLEMENTARY INFORMATION: In proposed rule FR Doc 96-14061, beginning 
on page 29044 in the issue of Friday, June 7, 1996, make the following 
correction on page 29044:
    1. In ``Supplementary Information'' add at the end of the second 
paragraph the following, ``This rule applies to Tribal Revenue 
Allocation Plans submitted and approved after the effective date of the 
final rule. Previously approved Tribal Revenue Allocation Plans need 
not be resubmitted for review and approval by the Bureau of Indian 
Affairs and continue to remain in effect. However, amendments to 
approved Tribal Revenue Allocation Plans will need to be submitted to 
the BIA for approval under the proposed regulation.''

    Dated: July 1, 1996
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-17430 Filed 7-15-96; 8:45 am]
BILLING CODE 4310-02-M

Complete official Federal Register PDF

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