[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Proposed Rules]
[Pages 77150-77152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28148]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 830


Notification and Reporting of Aircraft Accidents or Incidents and 
Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, 
and Records

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The NTSB is proposing to amend 49 Code of Federal Regulations 
(CFR) Part 830, ``Notification and Reporting of Aircraft Accidents or 
Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, 
Mail, Cargo, and Records,'' to include certain events that are not 
currently covered by the regulations. This amendment is intended to 
enhance aviation safety by providing the NTSB direct notification of 
these events so that we can investigate and take corrective actions in 
a timely manner.

DATES: Submit comments on or before February 25, 2005.

ADDRESSES: Mail comments concerning this proposed rule to Deepak Joshi, 
Lead Aerospace Engineer (Structures), National Transportation Safety 
Board, Room 5235, 490 L'Enfant Plaza, SW., Washington, DC 20594.

FOR FURTHER INFORMATION CONTACT: Deepak Joshi, (202) 314-6348.

SUPPLEMENTARY INFORMATION:

Proposed Revision to Sec.  830.2, Definitions

    Part 830 requires that an event that results in substantial damage 
to a civil or public aircraft not operated by the Armed Forces or an 
intelligence agency be reported to the NTSB. We are proposing to modify 
the current definition of substantial damage in

[[Page 77151]]

Sec.  830.2 by removing reference to ground damage to helicopter rotor 
blades from the list of exclusions. We believe this revision is 
necessary because the main rotor blades of a helicopter are the lifting 
surfaces of the aircraft and are considered to be equivalent to the 
wings of an airplane. The tail rotor blades of a helicopter provide yaw 
control and are analogous to the rudder control surface of an airplane. 
Any damage to main or tail rotor blades--regardless of how it occurs--
will likely adversely affect the performance of the aircraft and, if 
so, should be considered substantial damage. Therefore, we are 
proposing to bring events involving ground damage to main or tail rotor 
blades within the definition of an accident and clearly make them 
reportable events.

Proposed Revision to Sec.  830.5, Immediate Notification

    The NTSB is proposing that the following events be added to the 
current list of events requiring immediate NTSB notification:
    (a) Failure of any internal turbine engine component that results 
in the escape of debris other than out the exhaust path.
    Currently, Sec.  830.5(a)(3) excludes the failure of compressor and 
turbine blades and vanes from required NTSB notification. Although the 
NTSB requires notification of such an event if one of these components 
escapes and results in substantial damage to the aircraft or an in-
flight fire, we believe that the failure of any internal turbine engine 
component that results in the escape of debris other than out the 
exhaust path warrants immediate NTSB notification because the high 
energy levels of exiting fragments pose a significant safety hazard to 
the aircraft and its occupants. The importance of protecting the 
aircraft from high-energy engine fragments is reflected in the Federal 
Aviation Regulations (notably Sec.  23.903(b)(1), and Sec.  33.19), 
which explicitly require design precautions to minimize hazards to the 
aircraft in the event of an engine rotor failure. In addition, Sec.  
33.75 requires that the engine's cases provide for the containment of 
damage from rotor blade failure.
    The NTSB will investigate engine failures when the debris escapes 
through a path other than the exhaust regardless of whether such 
failures result in substantial damage to the airplane because of the 
safety implications. However, to initiate an investigation in these 
instances, we have to rely on the Federal Aviation Administration 
(FAA), the operator, or the engine manufacturer to notify us. Such 
notifications are not required and often are not provided. If 
notification is provided, it may not be timely. Accordingly, the NTSB 
proposes that Sec.  830.5(a)(3) be revised to require that the failure 
of any internal turbine engine component that results in the escape of 
debris other than out the exhaust path be a reportable event (debris 
that exits the exhaust path and causes substantial damage or serious 
injury is reportable as an accident under Sec.  830.5(a)(6)).
    (b) Structural failure of a propeller resulting in the release of 
all or a portion of a propeller blade from an aircraft, excluding 
release caused solely by ground contact.
    The current notification regulations do not ensure that the failure 
of a propeller blade resulting in the release of all or a portion of a 
blade from an aircraft will be reported to the NTSB. In some cases, the 
NTSB has been notified of an accident in which a structural failure of 
a propeller blade was an initiating event but only because the failure 
resulted in substantial damage or reportable injuries as defined in 
Part 830. If no substantial aircraft damage and no reportable injuries 
to the occupants have occurred because of such a failure and an 
uneventful landing is made, there is no requirement to notify the NTSB. 
Although substantial damage or serious injury may not result from a 
propeller blade failure, there may be airworthiness and safety issues 
that should be addressed.
    For example, on January 12, 2002, an ATR-42 experienced a propeller 
blade failure during takeoff. The pilot was able to shut down the 
engine and make an uneventful landing. No significant aircraft damage 
was noted and no other factors made it a reportable event under Sec.  
830.5. However, the NTSB became aware of the failure and issued two 
safety recommendations (A-03-13 and -14) relating to inspection and 
repair of propeller blades as a direct result of its investigation.
    Title 14 CFR 25.905 requires that design precautions be taken to 
minimize, among other hazards, airplane structural damage in the event 
of a propeller blade failure. However, the FAA has granted waivers to 
this rule because the airplane's structure is unable to withstand the 
forces of unbalance should a propeller blade separate. On August 21, 
1995, an Embraer EMB-120 crashed following the separation of a 
propeller blade that broke the engine's mounts. Because the propeller 
is a critical part of the powerplant operation on these airplanes, the 
NTSB believes that there are safety benefits to be derived from 
requiring that a structural failure of a propeller resulting in the 
release of all or a portion of a propeller blade from an aircraft be 
included as a reportable event.
    (c) Loss of information from a majority of an aircraft's certified 
electronic primary displays (excluding momentary inaccuracy or 
flickering from display systems that are certified installations).
    Generally, in aircraft where electronic displays are used as 
primary displays, six or seven displays provide flight and engine 
information to flight crews. If one or two displays go blank, 
redundancy features allow for the remaining displays to be reconfigured 
and the aircraft to continue safe flight. However, if a majority of the 
displays malfunction, flight safety may be compromised. The NTSB has 
investigated two events (occurring on November 6, 2001, and January 24, 
2003) in which all primary flight information and all engine 
information were lost, leaving only standby flight instruments and no 
standby engine instruments available. The current use of electronic 
displays to present flight and engine information has resulted in the 
loss of primary flight information through failure mechanisms that did 
not exist when 49 CFR part 830 was originally written.
    (d) Any Airborne Collision and Avoidance System (ACAS) resolution 
advisories (RA) issued when an aircraft is being operated on an 
instrument flight rules (IFR) flight plan.
    Because ACAS resolution advisories do not occur until aircraft are 
in relatively close proximity, RAs indicate a potential hazard in the 
air traffic control (ATC) system. Requiring that ACAS resolution 
advisories involving aircraft operating under IFR be subject to NTSB 
notification would assist us in detecting, tracking, and investigating 
these hazardous occurrences. Knowing about these incidents soon after 
they occur would ensure that radar and voice data are available when 
needed to support investigations of ACAS incidents.

List of Subjects in 49 CFR Part 830

    Aircraft accidents or incidents and overdue aircraft notification 
and reporting, Aviation safety, Reporting and record-keeping 
requirements.

    For the reasons set forth in the preamble, the National 
Transportation Safety Board proposes to amend 49 CFR Part 830 as set 
forth below:

[[Page 77152]]

PART 830--NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR 
INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT 
WRECKAGE, MAIL, CARGO, AND RECORDS

    1. The Authority citation for Part 830 is proposed to be revised to 
read as follows:

    Authority: Independent Safety Board Act of 1974, as amended (49 
U.S.C. 1101 et seq.); Federal Aviation Act of 1958, as amended (49 
U.S.C. 40101 et seq.).

    2. Section 830.2 is amended by revising the definition of 
``substantial damage'' to read as follows:


Sec.  830.2  Definitions.

* * * * *
    Substantial damage means damage or failure which adversely affects 
the structural strength, performance, or flight characteristics of the 
aircraft, and which would normally require major repair or replacement 
of the affected component. Engine failure or damage limited to an 
engine if only one engine fails or is damaged, bent fairings or 
cowling, dented skin, small punctured holes in the skin or fabric, 
ground damage to propeller blades, and damage to landing gear, wheels, 
tires, flaps, engine accessories, brakes, or wingtips are not 
considered substantial damage for the purpose of this part.
    3. Section 830.5 is amended by revising the introductory paragraph, 
revising paragraphs (a), (3), (4), and (5), and adding paragraphs 
(a)(8), (9), and (10).


Sec.  830.5  Immediate notification.

    The operator of any civil aircraft, or any public aircraft not 
operated by the Armed Forces or an intelligence agency of the United 
States, or any foreign aircraft shall immediately, and by the most 
expeditious means available, notify the nearest National Transportation 
Safety Board (Board) regional office \1\ when:
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    \1\ The Board regional offices are listed under U.S. Government 
in the telephone directories of the following cities: Anchorage, AK; 
Atlanta, GA; West Chicago, IL; Denver, CO; Arlington, TX; Gardena 
(Los Angeles), CA; Miami, FL; Parsippany, NJ (metropolitan New York 
City); Seattle, WA; and Washington, DC.
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    (a) An aircraft accident or any of the following listed incidents 
occur:
* * * * *
    (3) Failure of any internal turbine engine component that results 
in the escape of debris other than out the exhaust path;
    (4) In-flight fire;
    (5) Aircraft collide in flight;
* * * * *
    (8) Structural failure of a propeller resulting in the release of 
all or a portion of a propeller blade from an aircraft, excluding 
release caused solely by ground contact;
    (9) Loss of information from a majority of an aircraft's certified 
electronic primary displays (excluding momentary inaccuracy or 
flickering from display systems that are certified installations);
    (10) Any Airborne Collision and Avoidance System (ACAS) resolution 
advisories (RA) issued when an aircraft is being operated on an 
instrument flight rules (IFR) flight plan.
* * * * *

    Dated: December 16, 2004.
Vicky D'Onofrio,
Federal Register Liaison Officer.
[FR Doc. 04-28148 Filed 12-23-04; 8:45 am]
BILLING CODE 7533-01-M