[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Rules and Regulations]
[Pages 32799-32802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16056]



[[Page 32799]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 23, 25, 27, 29, 91, 121, 125 and 135

[Docket No. FAA-2005-20245; Amendment No. 23-58, 25-124, 27-43, 29-50, 
91-300, 121-338, 125-54, 129-45, and 135-113]
RIN 2120-AH88


Revisions to Cockpit Voice Recorder and Digital Flight Data 
Recorder Regulations

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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SUMMARY: The Federal Aviation Administration (FAA) is amending a final 
rule published in the Federal Register on March 7, 2008. That final 
rule amended cockpit voice recorder and digital flight data recorder 
regulations affecting certain air carriers, operators, and aircraft. In 
that final rule, the FAA failed to include conforming amendments to 
certain operating rules to ensure that certain new requirements apply 
to only newly manufactured aircraft.

DATES: Effective Date: These amendments become effective July 9, 2009.

FOR FURTHER INFORMATION CONTACT: For technical questions contact: 
Timothy W. Shaver, Avionics Systems Branch, Aircraft Certification 
Service, AIR-130, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 385-4686; facsimile 
(202) 385-4651; e-mail [email protected]. For legal questions contact: 
Karen L. Petronis, Regulations Division, Office of the Chief Counsel, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-3073; facsimile (202) 267-
3073; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA) 
published a final rule entitled ``Revisions to Cockpit Voice Recorder 
and Digital Flight Data Recorder Regulations'' in the Federal Register 
on March 7, 2008 (73 FR 12542). That final rule amended cockpit voice 
recorder (CVR) and digital flight data recorder (DFDR) regulations 
affecting certain air carriers, operators, and aircraft manufacturers 
by:
     Increasing the duration of certain CVR recordings,
     Increasing the data recording rate for certain DFDR 
parameters,
     Requiring physical separation of the DFDR and CVR, 
improving the reliability of the power supplies to both the CVR and 
DFDR, and
     Requiring that certain datalink communications received on 
an aircraft be recorded if datalink communication equipment is 
installed.
    Following publication of the final rule, an individual contacted us 
noting that Sec. Sec.  91.609(e)(1) and 135.151(a)(1) require a CVR to 
be installed in accordance with Sec.  23.1457(d) or Sec.  25.1457(d). 
He noted that when we added new requirements to Sec. Sec.  23.1457(d) 
and 25.1457(d) in the final rule without changing Sec. Sec.  
91.609(e)(1) and 135.151(a)(1), we mandated an immediate retrofit of 
existing aircraft to comply with the new certification requirements. He 
stated that this result appeared to conflict with our stated intent in 
the preamble to the final rule indicating that these new provisions 
would apply only to newly manufactured aircraft.
    We agree that our failure to amend certain operating rules not 
otherwise addressed in the final rule had this unintended effect. We 
took the opportunity to review all of the operating rules in Title 14 
Code of Federal Regulations (14 CFR) to determine whether other 
sections were similarly affected. Our review found similar issues in 
Sec. Sec.  121.344, 121.344a, 121.359, 125.226 and 135.152.
    We received another comment suggesting that we forgot to include 
the recorder location and mounting requirement for CVRs in airplanes 
operated under part 125. This is a requirement for newly manufactured 
airplanes. We agree that this was an oversight, and are amending Sec.  
125.227(h)(1) to correct this error.
    This document makes the appropriate amendatory changes to clearly 
reflect the impact that the final rule's new requirements have on 
Sec. Sec.  91.609, 121.344, 121.344a, 121.359, 125.226, 125.227, 
135.151 and 135.152. This amendment will not impose any additional 
restrictions on operators affected by these regulations.
    This document also corrects the change made to Sec.  129.1(b), 
which included certain sections that had been redesignated.

Correcting Amendment

    This correcting amendment will clarify the references to Sec. Sec.  
23.1457, 23.1459, 25.1457, 25.1459, 27.1457, 27.1459, 29.1457 and 
29.1459 in Sec. Sec.  91.609, 121.344, 121.344a, 121.359, 125.226, 
129.1, 135.151 and 135.152.
    This amendment also modifies references to Sec. Sec.  23.1457, 
25.1457, 27.1457, and 29.1457, by separating the two requirements in 
paragraph (d)(1) of each section into two subparagraphs. The first 
requirement will be designated (d)(1)(i); the second will be designated 
(d)(1)(ii). The second requirement, which was added in the final rule, 
applies only to airplanes manufactured after April 7, 2010. References 
to these sections contained in the operating rules are also being 
amended to conform to this modification.
    Similarly, this amendment modifies references to Sec. Sec.  
23.1459, 25.1459, 27.1459, and 29.1459 by separating the two 
requirements in paragraph (a)(3) of these sections into two 
subparagraphs. The first requirement will be designated paragraph 
(a)(3)(i); the second will be designated (a)(3)(ii). The second 
requirement, which was added in the final rule, applies only to 
airplanes manufactured after April 7, 2010. References to these 
sections contained in the operating rules are also being amended to 
conform to this modification.
    This amendment will revise Sec.  125.227(h)(1) to reference Sec.  
25.1457(e).
    Finally, this amendment corrects the list of sections included in 
Sec.  129.1(b).

List of Subjects

14 CFR Parts 23, 25, 27, 29, 91 and 125

    Aircraft, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Charter flights, Safety, 
Transportation.

14 CFR Part 129

    Air carriers, Aircraft, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Aviation safety.

Correction

0
In consideration of the foregoing, the Federal Aviation Administration 
amends parts 23, 25, 27, 29, 91, 121, 125, 129, and 135 of Title 14, 
Code of Regulations, as follows:

PART 23--AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 
COMMUTER CATEGORY AIRPLANES

0
1. The authority citation for part 23 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.


0
2. Amend Sec.  23.1457 by revising paragraph (d)(1) to read as follows:


Sec.  23.1457  Cockpit voice recorders.

* * * * *
    (d) * * *

[[Page 32800]]

    (1)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the cockpit voice recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

0
3. Amend Sec.  23.1459 by revising paragraph (a)(3) to read as follows:


Sec.  23.1459  Flight data recorders.

    (a) * * *
    (3)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the flight data recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

0
4. The authority citation for part 25 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, and 44704.


0
5. Amend Sec.  25.1457 by revising paragraph (d)(1) to read as follows:


Sec.  25.1457  Cockpit voice recorders.

* * * * *
    (d) * * *
    (1)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the cockpit voice recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

0
6. Amend Sec.  25.1459 by revising paragraph (a)(3) to read as follows:


Sec.  25.1459  Flight data recorders.

    (a) * * *
    (3)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the flight data recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

0
7. The authority citation for part 27 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.


0
8. Amend Sec.  27.1457 by revising paragraph (d)(1) to read as follows:


Sec.  27.1457  Cockpit voice recorders.

* * * * *
    (d) * * *
    (1)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the cockpit voice recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

0
9. Amend Sec.  27.1459 by revising paragraph (a)(3) to read as follows:


Sec.  27.1459  Flight data recorders.

    (a) * * *
    (3)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the flight data recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT

0
10. The authority citation for part 29 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

0
11. Amend Sec.  29.1457 by revising paragraph (d)(1) to read as 
follows:


Sec.  29.1457  Cockpit voice recorders.

* * * * *
    (d) * * *
    (1)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the cockpit voice recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

0
12. Amend Sec.  29.1459 by revising paragraph (a)(3) to read as 
follows:


Sec.  29.1459  Flight data recorders.

    (a) * * *
    (3)(i) It receives its electrical power from the bus that provides 
the maximum reliability for operation of the flight data recorder 
without jeopardizing service to essential or emergency loads.
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the airplane.
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
13. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).


0
14. Amend Sec.  91.609 by revising paragraph (e)(1) to read as follows:


Sec.  91.609  Flight data recorders and cockpit voice recorders.

* * * * *
    (e) * * *
    (1) Is installed in compliance with Sec.  23.1457(a)(1) and (2), 
(b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); Sec.  
25.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and 
(g); Sec.  27.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), 
(e), (f), and (g); or Sec.  29.1457(a)(1) and (2), (b), (c), (d)(1)(i), 
(2) and (3), (e), (f), and (g) of this chapter, as applicable; and
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
15. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.


0
16. Amend Sec.  121.344 by revising paragraph (j) introductory text to 
read as follows:


Sec.  121.344  Digital flight data recorders for transport category 
airplanes.

* * * * *
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec.  25.1459(a) 
(except paragraphs (a)(3)(ii) and (a)(7)), (b), (d) and (e) of this 
chapter. A correlation must be established between the values recorded 
by the flight data recorder and the corresponding values being 
measured. The correlation must contain a sufficient number of 
correlation points to accurately establish the conversion

[[Page 32801]]

from the recorded values to engineering units or discrete state over 
the full operating range of the parameter. Except for airplanes having 
separate altitude and airspeed sensors that are an integral part of the 
flight data recorder system, a single correlation may be established 
for any group of airplanes--
* * * * *

0
17. Amend Sec.  121.344a by revising paragraph (d) introductory text to 
read as follows:


Sec.  121.344a  Digital flight data recorders for 10-19 seat airplanes.

* * * * *
    (d) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec.  23.1459(a) 
(except paragraphs (a)(3)(ii) and (6)), (b), (d) and (e) of this 
chapter. A correlation must be established between the values recorded 
by the flight data recorder and the corresponding values being 
measured. The correlation must contain a sufficient number of 
correlation points to accurately establish the conversion from the 
recorded values to engineering units or discrete state over the full 
operating range of the parameter. A single correlation may be 
established for any group of airplanes--
* * * * *

0
18. Amend Sec.  121.359 by revising paragraphs (d)(1) and (e)(1) to 
read as follows:


Sec.  121.359  Cockpit voice recorders.

* * * * *
    (d) * * *
    (1) Is installed in compliance with Sec.  23.1457(a)(1) and (2), 
(b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); or Sec.  
25.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and 
(g) of this chapter, as applicable; and
* * * * *
    (e) * * *
    (1) Is installed in compliance with Sec.  23.1457 (except 
paragraphs (d)(1)(ii), (4) and (5)) or Sec.  25.1457 (except paragraphs 
(d)(1)(ii), (4) and (5)) of this chapter, as applicable; and
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
19. The authority citation for part 125 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.


0
20. Amend Sec.  125.226 by revising paragraph (j) introductory text to 
read as follows:


Sec.  125.226  Digital flight data recorders.

* * * * *
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec.  25.1459(a) 
(except paragraphs (a)(3)(ii) and (7)), (b), (d) and (e) of this 
chapter. A correlation must be established between the values recorded 
by the flight data recorder and the corresponding values being 
measured. The correlation must contain a sufficient number of 
correlation points to accurately establish the conversion from the 
recorded values to engineering units or discrete state over the full 
operating range of the parameter. Except for airplanes having separate 
altitude and airspeed sensors that are an integral part of the flight 
data recorder system, a single correlation may be established for any 
group of airplanes--
* * * * *

0
21. Amend 125.227 by revising paragraph (h)(1) to read as follows:


Sec.  125.227  Cockpit voice recorders.

* * * * *
    (h) * * *
    (1) Meets the requirements of Sec.  25.1457(a)(3) through (a)(6), 
(d)(1), (d)(4), (d)(5), (d)(6), and (e) of this chapter;
* * * * *

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF 
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

0
22. The authority citation for part 129 continues to read as follows:

    Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906, 
44912, 46105, Pub. L. 107-71, sec. 104.


0
23. Amend Sec.  129.1 by revising paragraph (b) to read as follows:


Sec.  129.1  Applicability.

* * * * *
    (b) Operations of U.S.-registered aircraft solely outside the 
United States. In addition to the operations specified under paragraph 
(a) of this section, Sec. Sec.  129.14, 129.20 and 129.24 and subpart B 
also apply to U.S.-registered aircraft operated solely outside the 
United States in common carriage by a foreign person or foreign air 
carrier.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
24. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722.


0
25. Amend Sec.  135.151 by revising paragraphs (a)(1) and (b)(1) to 
read as follows:


Sec.  135.151  Cockpit voice recorders.

* * * * *
    (a) * * *
    (1) Is installed in compliance with Sec.  23.1457(a)(1) and (2), 
(b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); Sec.  
25.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and 
(g), Sec.  27.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), 
(e), (f), and (g); or Sec.  29.1457(a)(1) and (2), (b), (c), (d)(1)(i), 
(2) and (3), (e), (f), and (g) of this chapter, as applicable; and
* * * * *
    (b) * * *
    (1) Is installed in compliance with Sec.  23.1457 (except 
paragraphs (d)(1)(ii), (4) and (5)), Sec.  25.1457 (except paragraphs 
(d)(1)(ii), (4) and (5)), Sec.  27.1457 (except paragraphs (d)(1)(ii), 
(4) and (5)) or Sec.  29.1457 (except paragraphs (d)(1)(ii), (4) and 
(5)) of this chapter, as applicable; and
* * * * *

0
26. Amend Sec.  135.152 by revising paragraphs (f)(1) introductory text 
and (f)(2) introductory text to read as follows:


Sec.  135.152  Flight data recorders.

* * * * *
    (f)(1) For airplanes manufactured on or before August 18, 2000, and 
all other aircraft, each flight recorder required by this section must 
be installed in accordance with the requirements of Sec.  23.1459 
(except paragraphs (a)(3)(ii) and (6)), Sec.  25.1459 (except 
paragraphs (a)(3)(ii) and (7)), Sec.  27.1459 (except paragraphs 
(a)(3)(ii) and (6)), or Sec.  29.1459 (except paragraphs (a)(3)(ii) and 
(6)), as appropriate, of this chapter. The correlation required by 
paragraph (c) of Sec. Sec.  23.1459, 25.1459, 27.1459, or 29.1459 of 
this chapter, as appropriate, need be established only on one aircraft 
of a group of aircraft:
* * * * *

[[Page 32802]]

    (2) For airplanes manufactured after August 18, 2000, each flight 
data recorder system required by this section must be installed in 
accordance with the requirements of Sec.  23.1459(a) (except paragraphs 
(a)(3)(ii) and (6)), (b), (d) and (e), or Sec.  25.1459(a) (except 
paragraphs (a)(3)(ii) and (7)), (b), (d) and (e) of this chapter. A 
correlation must be established between the values recorded by the 
flight data recorder and the corresponding values being measured. The 
correlation must contain a sufficient number of correlation points to 
accurately establish the conversion from the recorded values to 
engineering units or discrete state over the full operating range of 
the parameter. Except for airplanes having separate altitude and 
airspeed sensors that are an integral part of the flight data recorder 
system, a single correlation may be established for any group of 
airplanes--
* * * * *

    Issued in Washington, DC, on July 2, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9-16056 Filed 7-8-09; 8:45 am]
BILLING CODE 4910-13-P