110 HR 4336 IH: Safe Aviation and Flight Enhancement U.S. House of Representatives 2007-12-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 4336 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.
1.
Short title
This Act may be cited as the Safe Aviation and Flight Enhancement Act of 2007.
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.
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:
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. .
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).