Comment Response Document and Final Rule Text NPA-OPS 48A (JAR-OPS 1)

1. Comment Response Document and Final Rule Text NPA-OPS 48A (JAR-OPS 1) Data Link Communications Recording for new built aeroplanes Presented by Maria Algar Ruiz (CJAA) Dirk Sajonz (Chairman JAA EQSG) 22 November 2006

2. Introduction • NPA OPS 48A (derived from NPA OPS 48) is dealing with data link communication recording requirements for future aircraft. • The development of rules for retroactive data link communication recording will be separately dealt with in A-NPA OPS 48B, under development. • Comment period of NPA OPS 48A was fixed between the 01/06 and 01/09/2006. • Overall, 42 comments were received and dealt within the meeting EQSG 06-1, held from 9 to 11 October 2006 in Hoofddorp, JAA Training facilities. • EQSG would like to thank CJAA for providing the comments in the draft CRD. 22 November 2006

3. General Information • The comments are grouped in general and specific ones. 8 commentors agreed fully with the NPA proposals. The remainder produced specific commments. • Besides technical issues, many inputs deal with the applicability dates for the future data link recording requirements. EQSG proposes an introduction date 36 months after JAAC have adopted future rule by taking account of the potential publication date. • The 36 months period is in line with the recommendations of the ICAO Flight Recorder Panel (FLIREP) to set the applicability dates for the revised ICAO Annex 6 - Standards around 2010. In addition, industry requests a lead time of about 36 months. • During the review of the comments EQSG realized that the title was not adequate and proposes to change the title to “Data Link Communications for new built aircraft”. This change will also allays some of the commentors’ concerns relating to the NPA’s application. 22 November 2006

4. Regulatory Impact Analysis • Some comments addressed the need for better reflecting the economic impact of the future data recording requirements in the RIA. • The Group generally shared this view. However, the industry was not able to provide corresponding and useful figures to the regulators which could be reflected in a more mature RIA. • Hence, the relevant part of the RIA only reflects the issue in a general way. • As the NPA deals with future aircraft only, it can be assumed that additional costs are marginal, compared to those for purchasing and operating the aircraft concerned. • Finally, EQSG agreed to forward this general discussion to OST, hoping to be provided with some more information from the industry’s side, who claim that the development of a cost evaluation will of course cost money, effort an time. 22 November 2006

5. ED 112 and ICAO • As indicated above, some EQSG flight recorder specialists are also members (and the secretary) of the FLIREP and provided important and necessary information of recent ICAO activities on ICAO flight recorder work. • One of the major information was that ,besides fixing future applicability dates in the Annex 6, ED 112 was published and that the ICAO will make use of this technical standard on flight recorders in Annex 6. • First, this will establish a common technical standard for the flight recorders in Annex 6. Secondly, by referring to the ED 112 in the new JAR OPS 1.728 and in ACJ OPS 1.728, it can be assured that the future JAA requirements on data link recording are in harmony with the corresponding ICAO Standards. 22 November 2006

6. Comments: AIRBUS, Boeing and FAA • Airbus could not agree to NPA proposals since the beginning of the rule development for technical reasons. It is claimed that the NPA proposals will force Airbus to significantly change current technical solutions. • Airbus proposes to further split the NPA OPS 48A in two separate recording NPAs, one dealing with purely data link applications and a future one, reflecting broadcast applications and other issues (i.e. ADS-B) which are not yet finally specified or in set place. • EQSG were not able to agree with this step. First, the corresponding requirements would not be in line with ICAO Standards. Secondly, this split may introduce big changes in the NPA OPS 48A, with the need to re-circulate, which would require some more time. As ICAO dates ran out some time ago, additional time loss should be avoided. • Finally, the EQSG agreed to make use of the FAA and Boeing proposals to group specific items of the Tables A and B. These tables allow a more flexible handling of the future rule without losing the reference to ED 112, and allaying some of Airbus’ concerns. 22 November 2006

7. Thank you If there are no further questions, it is proposed to move to the discussion of the CRD and final rule proposal of NPA OPS 48 A 22 November 2006