[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4336 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4336

    To direct the Secretary of Transportation to issue a regulation 
   requiring the installation of a second cockpit voice recorder and 
     digital flight data recorder system that utilizes combination 
    deployable recorder technology in certain commercial passenger 
                               aircraft.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2007

  Mr. Price of North Carolina (for himself, Mr. Duncan, Mr. Rogers of 
 Kentucky, Mr. Capuano, Mr. Etheridge, Mr. Pascrell, Mr. Rothman, Mr. 
   Terry, and Mr. Boozman) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To direct the Secretary of Transportation to issue a regulation 
   requiring the installation of a second cockpit voice recorder and 
     digital flight data recorder system that utilizes combination 
    deployable recorder technology in certain commercial passenger 
                               aircraft.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Aviation and Flight Enhancement 
Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1996, eight major commercial air accidents have 
        occurred in which the immediate cause was unknown and recovery 
        of flight data and cockpit voice recorder units (``black 
        boxes'') was significantly delayed. On average, it has taken 
        investigators 8 days to recover flight data recorders and 15 
        days to recover cockpit voice recorders from the wreckage of 
        these accidents.
            (2) Failure to recover the flight data and cockpit voice 
        recorder units aboard the commercial aircraft involved in the 
        events of September 11, 2001, demonstrated that fixed recorder 
        technology is not adequate.
            (3) The 9/11 Commission staff recommendations state that 
        the Transportation Security Administration (referred to in this 
        Act as ``TSA'') and Federal Aviation Administration (referred 
        to in this Act as ``FAA'') should take steps to improve the 
        survivability of flight data recorders and cockpit voice 
        recorders to ensure that complete and reliable information is 
        available to investigators in the aftermath of a terrorist 
        attack.
            (4) The thwarted August 10, 2006, terrorist bombing 
        attempt, which threatened multiple aircraft en route from the 
        United Kingdom to the United States, demonstrates that 
        continued threats to commercial airliners, particularly to 
        those aircraft operating long-distance flights over ocean 
        waters, remain a national security concern.
            (5) The recent FAA ruling to increase the allowable 
        distance that extended-operation multiengine aircraft (known as 
        ETOPs) can travel from an emergency or diversion airport 
        increases the potential for more difficult location and 
        recovery of fixed flight data and cockpit voice recorder units.
            (6) It is in the public interest that aircraft be equipped 
        with recorder units that can be recovered immediately after an 
        incident involving an aircraft.

SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES.

    (a) In General.--Chapter 447 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 44729. Installation of additional flight recorders
    ``(a) Regulations.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary of Transportation 
        shall issue regulations that require in accordance with this 
        section all commercial aircraft in extended-range operations 
        that are required to carry fixed cockpit voice recorder and 
        digital flight data recorder units also be equipped with a 
        second recorder system that utilizes deployable combination 
        cockpit voice and digital flight data recorder technology. The 
        second deployable recorder system shall be mounted as far rear 
        on the airframe as practicable.
            ``(2) Minimum capabilities.--The deployable recorder system 
        shall be--
                    ``(A) capable of recording all mandatory data 
                parameters covering the previous 25 hours of operation 
                and all cockpit audio, including controller-pilot data 
                link messages for the previous 2 hours of operation;
                    ``(B) powered by the electrical bus to provide the 
                maximum reliability for operation without jeopardizing 
                service to essential or emergency loads; and
                    ``(C) provided with an independent power source 
                that is located with the combination recorder and that 
                automatically engages and provides 10 minutes of 
                operation whenever normal aircraft power ceases.
    ``(b) Schedule for Installation of Second Combined System.--The 
regulations shall require the installation of the deployable 
combination recorder system required under this section on commercial 
aircraft that are ordered by an air carrier on or after January 1, 
2009.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial aircraft.--The term `commercial aircraft' 
        means--
                    ``(A) a jet aircraft with 10 or more seats or 
                greater than 12,500-pound maximum takeoff weight; and
                    ``(B) a propeller-driven aircraft with greater than 
                19 seats or greater than 19,000-pound maximum takeoff 
                weight.
            ``(2) Deployable recorder system.--The term `deployable 
        recorder system' means a digital flight data recorder, cockpit 
        voice recorder, and emergency locator transmitter housed as one 
        unit within an assembly that is designed to be mounted 
        conformal to the surface of the airframe, to eject from the 
        aircraft upon accident and safely land away from the crash 
        site, and to float indefinitely on water.
            ``(3) Extended-range operations.--The term `extended-range 
        operations' means commercial aircraft operations in compliance 
        with the Federal Aviation Administration's extended operations 
        (ETOPs) of multiengine airplanes rule (RIN 2120-A103) 
        permitting multiengine, aircraft described in parts 121 and 135 
        of title 14, Code of Federal Regulations, to fly up to 240 
        minutes of single-engine flying time from an adequate 
        airport.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``44729. Installation of additional flight recorders.''.

SEC. 4. PURCHASE OF DEPLOYABLE RECORDER SYSTEMS.

    (a) In General.--The Secretary of Transportation shall reimburse an 
air carrier (as defined in section 40102 of title 49, United States 
Code) for the costs of purchasing and installing deployable recorder 
systems, including engineering, certification, equipment, and 
installation costs, in order for the air carrier to comply with the 
regulations issued under section 44729 of such title.
    (b) Reasonable Amount.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue 
regulations that set forth what constitutes a reasonable amount for 
reimbursement under subsection (a).
                                 <all>