[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Rules and Regulations]
[Page 32799-32802]
[DOCID:fr09jy09-3]

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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<PHONE_NUMBER>; facsimile
(202) 385-4651; e-mail<EMAIL_ADDRESS>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<PHONE_NUMBER>; facsimile (202) 267-
3073; e-mail<EMAIL_ADDRESS>
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) * * *

    (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

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:
* * * * *

    (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]

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