Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations, 32799-32802 [E9-16056]
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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations
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
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AGENCY: Federal Aviation
Administration, DOT.
ACTION: Final rule; correction.
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 tim.shaver@faa.gov. 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
karen.petronis@faa.gov.
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,
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• 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 §§ 91.609(e)(1) and 135.151(a)(1)
require a CVR to be installed in
accordance with § 23.1457(d) or
§ 25.1457(d). He noted that when we
added new requirements to
§§ 23.1457(d) and 25.1457(d) in the final
rule without changing §§ 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 §§ 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
§ 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 §§ 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 § 129.1(b), which
included certain sections that had been
redesignated.
Correcting Amendment
This correcting amendment will
clarify the references to §§ 23.1457,
23.1459, 25.1457, 25.1459, 27.1457,
27.1459, 29.1457 and 29.1459 in
§§ 91.609, 121.344, 121.344a, 121.359,
125.226, 129.1, 135.151 and 135.152.
This amendment also modifies
references to §§ 23.1457, 25.1457,
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32799
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 §§ 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
§ 125.227(h)(1) to reference § 25.1457(e).
Finally, this amendment corrects the
list of sections included in § 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
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
1. The authority citation for part 23
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
2. Amend § 23.1457 by revising
paragraph (d)(1) to read as follows:
■
§ 23.1457
*
Cockpit voice recorders.
*
*
(d) * * *
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*
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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations
(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.
*
*
*
*
*
3. Amend § 23.1459 by revising
paragraph (a)(3) to read as follows:
■
§ 23.1459
4. The authority citation for part 25
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, and 44704.
5. Amend § 25.1457 by revising
paragraph (d)(1) to read as follows:
■
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.
*
*
*
*
*
6. Amend § 25.1459 by revising
paragraph (a)(3) to read as follows:
■
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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.
*
*
*
*
*
14:25 Jul 08, 2009
Jkt 217001
8. Amend § 27.1457 by revising
paragraph (d)(1) to read as follows:
■
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.
*
*
*
*
*
■ 9. Amend § 27.1459 by revising
paragraph (a)(3) to read as follows:
§ 27.1459
■
VerDate Nov<24>2008
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
*
Flight data recorders.
PART 25—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY AIRPLANES
§ 25.1459
7. The authority citation for part 27
continues to read as follows:
■
§ 27.1457
(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.
*
*
*
*
*
§ 25.1457
PART 27—AIRWORTHINESS
STANDARDS: NORMAL CATEGORY
ROTORCRAFT
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
10. The authority citation for part 29
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
11. Amend § 29.1457 by revising
paragraph (d)(1) to read as follows:
■
§ 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.
*
*
*
*
*
■ 12. Amend § 29.1459 by revising
paragraph (a)(3) to read as follows:
§ 29.1459
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Flight data recorders.
(a) * * *
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(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
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).
14. Amend § 91.609 by revising
paragraph (e)(1) to read as follows:
■
§ 91.609 Flight data recorders and cockpit
voice recorders.
*
*
*
*
*
(e) * * *
(1) Is installed in compliance with
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g);
§ 25.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g);
§ 27.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g); or
§ 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
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.
16. Amend § 121.344 by revising
paragraph (j) introductory text to read as
follows:
■
§ 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 § 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
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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—
*
*
*
*
*
■ 17. Amend § 121.344a by revising
paragraph (d) introductory text to read
as follows:
§ 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 § 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—
*
*
*
*
*
■ 18. Amend § 121.359 by revising
paragraphs (d)(1) and (e)(1) to read as
follows:
§ 121.359
Cockpit voice recorders.
*
*
*
*
(d) * * *
(1) Is installed in compliance with
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g); or
§ 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
§ 23.1457 (except paragraphs (d)(1)(ii),
(4) and (5)) or § 25.1457 (except
paragraphs (d)(1)(ii), (4) and (5)) of this
chapter, as applicable; and
*
*
*
*
*
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*
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
19. The authority citation for part 125
continues to read as follows:
■
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14:25 Jul 08, 2009
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Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44705, 44710–44711, 44713, 44716–
44717, 44722.
20. Amend § 125.226 by revising
paragraph (j) introductory text to read as
follows:
■
§ 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 § 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—
*
*
*
*
*
■ 21. Amend 125.227 by revising
paragraph (h)(1) to read as follows:
§ 125.227
Cockpit voice recorders.
*
*
*
*
*
(h) * * *
(1) Meets the requirements of
§ 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
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.
23. Amend § 129.1 by revising
paragraph (b) to read as follows:
■
§ 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,
§§ 129.14, 129.20 and 129.24 and
subpart B also apply to U.S.-registered
aircraft operated solely outside the
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Fmt 4700
Sfmt 4700
32801
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
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.
25. Amend § 135.151 by revising
paragraphs (a)(1) and (b)(1) to read as
follows:
■
§ 135.151
Cockpit voice recorders.
*
*
*
*
*
(a) * * *
(1) Is installed in compliance with
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g);
§ 25.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g),
§ 27.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g); or
§ 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
§ 23.1457 (except paragraphs (d)(1)(ii),
(4) and (5)), § 25.1457 (except
paragraphs (d)(1)(ii), (4) and (5)),
§ 27.1457 (except paragraphs (d)(1)(ii),
(4) and (5)) or § 29.1457 (except
paragraphs (d)(1)(ii), (4) and (5)) of this
chapter, as applicable; and
*
*
*
*
*
■ 26. Amend § 135.152 by revising
paragraphs (f)(1) introductory text and
(f)(2) introductory text to read as
follows:
§ 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
§ 23.1459 (except paragraphs (a)(3)(ii)
and (6)), § 25.1459 (except paragraphs
(a)(3)(ii) and (7)), § 27.1459 (except
paragraphs (a)(3)(ii) and (6)), or
§ 29.1459 (except paragraphs (a)(3)(ii)
and (6)), as appropriate, of this chapter.
The correlation required by paragraph
(c) of §§ 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:
*
*
*
*
*
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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Rules and Regulations
(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 § 23.1459(a) (except
paragraphs (a)(3)(ii) and (6)), (b), (d) and
(e), or § 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—
*
*
*
*
*
We are issuing this AD to detect cracks
in the HPC drum rotor assembly, which
could lead to an uncontained failure of
the drum rotor assembly and damage to
the airplane.
DATES: This AD becomes effective
August 13, 2009.
ADDRESSES: The Docket Operations
office is located at Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001.
FOR FURTHER INFORMATION CONTACT: Ian
Dargin, Aerospace Engineer, Engine
Certification Office, FAA, Engine &
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
e-mail: ian.dargin@faa.gov; telephone
(781) 238–7178; fax (781) 238–7199.
SUPPLEMENTARY INFORMATION:
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]
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on February 20, 2009 (74 FR
7836). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0046; Directorate
Identifier 2008–NE–05–AD; Amendment 39–
15962; AD 2009–14–12]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Canada Corp. (P&WC) Models
PW305A and PW305B Turbofan
Engines
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
P&WC has determined that the PostService Bulletin (SB) PW300–72–24287 High
Pressure Compressor (HPC) drum rotor
assemblies P/N 30B2478 and 30B2542 on PW
305A and 305B engines with single stage
coated labyrinth seals, are susceptible to
developing significant cracks in the region of
the labyrinth seal.
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14:25 Jul 08, 2009
Jkt 217001
Discussion
P&WC has determined that the PostService Bulletin (SB) PW300–72–24287 High
Pressure Compressor (HPC) drum rotor
assemblies P/N 30B2478 and 30B2542 on PW
305A and 305B engines with single stage
coated labyrinth seals, are susceptible to
developing significant cracks in the region of
the labyrinth seal.
P&WC issued SB PW300–72–24462 for
initial inspection of affected HPC drum rotor
assemblies for cracks. In addition, the PW305
Maintenance Manual (MM) 05–20–00 was
revised (Revision No. 26) accordingly, to add
requirement for repeat inspection interval. A
new P/N 31B6325–01, HPC drum rotor
assembly, which is not susceptible to subject
cracking, is made available through SB
PW300–72–24376, as terminating action for
the required repeat inspection.
Recent data (Ref: SIL: PW300–093) indicate
that a number of high-time Pre-SB–PW300–
72–24376 HPC drum rotor assemblies (P/N
30B2478 and 30B2542), with potential for a
hazardous disk failure in consequence of
non-compliance with the inspection
requirements, are still in-service. This AD is
issued to mandate the inspection of the
affected P/N 30B2478 and 30B2542 HPC
drum rotor assemblies in accordance with
PW305–MM–05–20–00 requirements.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
Based on the service information, we
estimate that this AD will affect about
540 products of U.S. registry. We also
estimate that it will take about 10 workhours per product to comply with this
AD. The average labor rate is $80 per
work-hour. Required parts will cost
about $5,000 per product. Based on
these figures, we estimate the cost of the
AD on U.S. operators to be $3,132,000.
Our cost estimate is exclusive of
possible warranty coverage.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Rules and Regulations]
[Pages 32799-32802]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 tim.shaver@faa.gov. 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 karen.petronis@faa.gov.
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
