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New rules or rule changes can be prompted by many things, including the advent of new technology, accident data, or Congressional mandates. The U.S. National Transportation Safety Board (NTSB), which performs all airplane accident investigations in the United States, issues a written safety recommendation to the U.S. Federal Aviation Administration (FAA) to consider as a subject for rulemaking. In the case of the flight data recorder (FDR) system rule change, the NTSB stated that more airplane information must be recorded by the FDR system. This recommendation was based upon the NTSB's findings and the difficulty they encountered in their investigations because of a lack of adequate flight information.

The FAA must evaluate NTSB safety recommendations based on many factors. Two of these are the economic impact of the change and the ability to produce and govern the regulation. Public and private hearings regarding the proposed changes often are held to aid the FAA in this evaluation process. In the 1980s, the FAA established the Aviation Rulemaking Advisory Committee (ARAC) to improve the regulatory process and improve communication between the FAA, airline operators, and manufacturers on new regulations. The main task of ARAC is to work with the FAA to evaluate the many factors resulting in rules that can be technically and economically justified, then feasibly implemented and regulated.

The new FDR system rule resulted from three NTSB safety recommendations to the FAA. The FAA held a public hearing on April 20, 1995, to discuss the NTSB recommendations that spawned a rulemaking process within ARAC. A flight data recorder working group was established by the FAA and directed to draft the Notice of Proposed Rulemaking (NPRM) for the FDR system. This NPRM would become the final FDR rule from the FAA. The working group, representing the FAA, NTSB, airplane manufacturers, and airplane operators, was to report its results (a draft NPRM) to the ARAC Executive Committee. The FAA would then use the draft to create the final NPRM.

The Administrative Procedures Act requires that every Federal rule (except those of an emergency nature and certain others) first be issued as a "proposed rule" (NPRM) and provide time for the public to review and comment on it. When an NPRM is published in the Federal Register, the public is allowed time to comment on the FAA's discussions and conclusions presented in the preamble of the NPRM, as well as the text of the proposed rule itself. The preamble discusses the historical background that prompted the proposed rule, as well as how and why it should be implemented. The preamble includes a review of the cost-versus-benefit information in order to justify the proposal. When the public comment period ends, the FAA addresses each comment submitted and determines the content of the final rule. (The content of the final rule may be changed in light of comments received.) ARAC may be invited to participate, but often is not. The final rule, including its effective date, is also published in the Federal Register.