[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]
[Page 17041-17047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 27, 29, 91, 121, 125, and 135
[Docket No. FAA-2005-20245; Amendment No. 27-45, 29-52, 91-313, 121-
349, 125-60 and 135-121]
RIN 2120-AJ65
Extension of the Compliance Date for Cockpit Voice Recorder and
Digital Flight Data Recorder Regulations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: On March 7, 2008, the FAA published a final rule titled
``Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder
Regulations.'' The rule required certain upgrades of cockpit voice
recorder and digital flight data recorder equipment on certain aircraft
beginning April 7, 2010. That compliance date is being changed for
certain requirements on certain aircraft.
DATES: These amendments are effective April 5, 2010.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule contact Timothy W. Shaver, Avionics Maintenance Branch,
Flight Standards Service, AFS-360, Federal Aviation Administration, 950
L'Enfant Plaza, SW., Washington, DC 20024; telephone (202) 385-4292;
facsimile (202) 385-4651; e-mail tim.shaver@faa.gov. For legal
questions concerning this final rule contact Karen L. Petronis,
Regulations Division, AGC-200, Office of the Chief Counsel, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone (202) 267-3073; facsimile (202) 267-7971; e-mail
karen.petronis@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701. Under that section,
the FAA is charged with prescribing regulations providing minimum
standards for other practices, methods and procedures necessary for
safety in air commerce. This regulation is within the scope of that
authority since flight data recorders are the only means available to
account for aircraft movement and flightcrew actions critical to
finding the probable cause of incidents or accidents, including data
that could prevent future incidents or accidents.
I. Background
A. History of the Regulatory Requirements
In February 2005, the FAA issued a notice of proposed rulemaking
proposing to amend the digital flight data recorder (DFDR) and cockpit
voice recorder (CVR) regulations for much of the U.S. fleet of aircraft
(70 FR 9752; February 28, 2005). Some of the changes proposed were
based on recommendations from the National Transportation Safety Board
(NTSB or Board) that were issued as a result of the Board's
investigations of several aircraft accidents and incidents. A full
discussion of the NTSB's recommendations and the FAA's proposed changes
can be found in the 2005 NPRM.
In March 2008, the FAA issued a final rule adopting many of those
proposals (73 FR 12541; March 7, 2008). The requirements were adopted
as aircraft certification or operating rules, some of which take effect
on April 7, 2010, and include:
The recording of datalink communications, when the
communications equipment is installed on or after April 7, 2010;
Wiring requirements related to single electrical failures
and their effect on the DFDR and CVR systems;
The addition of a 10-minute independent power source for
the CVR;
Requirements regarding the CVR location and housing;
Requirements for the duration of DFDR recording;
Requirements for the duration of CVR recording; and
Increased sampling rates for certain DFDR parameters.
A detailed discussion of the individual requirements and where they
appear in the regulations can be found in the preamble to the 2008
final rule, beginning at page 12556 (Section-By-Section Analysis). Some
of the requirements were promulgated to be effective in two years,
while others were required within four years of April 7, 2008.
Between May 1, 2009 and December 14, 2009, the FAA received seven
petitions from aircraft manufacturers and two from industry
associations requesting either that the effective dates in the
regulations be changed or that other relief from several of the 2008
requirements be granted for aircraft manufactured on or after April 7,
2010.
In a notice of proposed rulemaking (NPRM) published on January 7,
2010 (75 FR 943), the FAA denied all of the petitions and instead
proposed that some of the requirements for newly manufactured aircraft
be extended from the April 7, 2010 compliance date. Specifically, the
FAA proposed that:
1. For increased DFDR sampling rates, the compliance date for newly
manufactured aircraft operated under part 121, 125, or 135 would be
extended until December 6, 2010.
2. For the datalink recording requirements, the compliance date
after which the installation of datalink communications must include
recording equipment would be extended until December 6, 2010 for
aircraft operating under part 121, 125, or 135.
[[Page 17042]]
3. For the ten-minute backup power source for CVRs, the compliance
date for part 91 operators (only) would be extended to April 6, 2012.
4. For increased DFDR sampling rates, the compliance date for newly
manufactured aircraft operated under part 91 would be extended until
April 6, 2012.
5. For aircraft operating under part 91, datalink communications
would have to be recorded when datalink communication equipment is
installed on or after April 6, 2012.
These proposed changes were the ones the FAA found to be
potentially justified by the petitions submitted. All other compliance
dates in the 2008 final rule remained as adopted, including the wiring
requirements for CVRs and DFDRs; 25-hour solid state memory DFDRs; two-
hour solid state memory CVRs; the CVR and DFDR housing requirements;
and the ten-minute backup power source for CVRs on aircraft operated
under part 121, 125, or 135. A more complete discussion of the requests
and the FAA's proposal can be found in the preamble to the NPRM.
B. General Response to the NPRM
In the NPRM, the FAA invited comment from manufacturers and
affected operators that may not consider the proposed extension to be
sufficient. The agency requested that comments include specific,
detailed information regarding their actions toward compliance, and
reasons (such as lack of equipment availability) that continue to
affect timely compliance with the 2008 regulations.
The FAA received 14 comment documents to the NPRM, including five
from airframe manufacturers, three from avionics equipment
manufacturers, two from industry trade associations, three from air
carriers, and from the NTSB. The comments generally supported the
proposed changes, while three manufacturers requested further extension
of the compliance dates based on continuing issues with compliance for
certain models. One avionics equipment manufacturer stated that it had
been ready to supply equipment and that an extension would serve as a
reward to suppliers who did not provide compliant systems by the date
required in the 2008 regulations.
The NTSB supported the FAA and stated that our proposed extension
of certain compliance dates was ``reasonable and realistic.'' The NTSB
opposed any further delay that might be requested, and suggested that
some of the original four-year compliance times could be shortened.
C. Aligning Requirements for Parts 91 and 135
The General Aviation Manufacturers Association (GAMA) and
Bombardier, Inc. (Bombardier) each submitted a comment encouraging the
FAA to extend the dates for part 135 operation compliance to match
those proposed for part 91. Each of the commenters noted that it is
common for a business aircraft to spend part of its time operating
under the regulations of part 91, and part of its time operating under
part 135.
The GAMA stated that the manufacturers of these aircraft have made
significant progress toward compliance in the last 18 months, but that
technical difficulties remain with full compliance. Since the
manufacturers seek to deliver aircraft that meet their customers' need
to change operating parts, it means that part 135 compliance is
required, but that it cannot be integrated into the manufacturing
process for deliveries made beginning April 8, 2010. The proposed part
91 compliance date extension would provide no relief for most of the
aircraft they manufacture because of the dual operational use of the
aircraft.
Bombardier noted that its primary avionics equipment suppliers
focused on the commercial aircraft market (for parts 121 and 125) with
their more generalized system architectures as their primary goal for
2010 compliance. Accordingly, Bombardier's aircraft produced for part
121 and 125 operators will meet the April 7, 2010, date without needing
to make use of the proposed extension for those operations. But those
compliance efforts have resulted in the engineering for Bombardier's
business aircraft, which it describes as having ``more exotic bus
architectures and systems that * * * cannot be supported by other
suppliers'' remaining incomplete. Bombardier also noted that its
Challenger aircraft model will need unanticipated hardware upgrades to
meet the 8Hz sampling rates, and these costs and the underlying
engineering were unanticipated in the 2008 final rule. This has taken
the Challenger aircraft even further out of the normal manufacturing
sequence and efforts to achieve compliance with the 2008 regulations.
For its Challenger and BD-700 aircraft models, the proposed extension
for increased sampling rates to December 2010 would decrease the number
of noncompliant aircraft, but would not completely eliminate the need
for exemptions to operate under part 135.
Honeywell Aerospace also recommended that part 135 operations be
aligned with part 91 and the compliance date for them be extended to
2012, noting the crossover in operations and the lack of available
compliant solutions for those aircraft. Gulfstream also requested that
the proposed part 91 compliance extension be extended to part 135
operations for aircraft with a capacity of 19 or fewer passengers, but
did not detail its specific equipment or certification issues.
The FAA disagrees that aircraft operated under part 135 should be
treated the same as aircraft operated under part 91. It is true that
the same aircraft may be used in both part 91 and part 135 operations.
The FAA has addressed differing equipage and maintenance requirements
in the past by requiring that the higher standard be met for all
operations when there is mixed use. The agency sees no reason to change
that practice in this instance.
The FAA considers part 135 operators more akin to those of part 121
than those of part 91, and proposed the same compliance date extension
for both part 121 and 135. The general public, in purchasing air
transportation, expects a level of equipage and safety that it would
not necessarily expect to see in general aviation. The FAA has always
maintained higher standards for aircraft operated for compensation or
hire and sees no reason to change its position here. As a practical
matter, the shorter compliance date will likely result in the aircraft
used solely in part 91 operations complying before the April 2012
compliance date.
No changes are being adopted based on these comments. For part 135
airplanes, the installation of increased DFDR sampling rates and
datalink recording equipment is extended until December 6, 2010, as
proposed.
D. Rule Language Discrepancy
Several commenters, including the Boeing Company (Boeing), Airbus,
and Avianca Airlines, identified a discrepancy between the text of
current Sec. 121.359(k) and the proposed rule text of Sec. 121.359(j)
regarding the datalink message set requirements in Sec. 25.1457(a)(6).
The proposed rule text did contain an error. A similar error exists
in other proposed operating rule sections. This final rule corrects the
references in Sec. Sec. 91.609(i), 121.359(j), 125.227(h), and
135.151(g)(1) and (g)(2) to indicate the correct compliance date for
datalink recording requirements.
[[Page 17043]]
E. Miscellaneous Comments
Boeing noted that in July 2009, it had requested a one-year
exemption for all of its production models from the requirement for a
ten-minute CVR independent power source. Boeing indicated that it has
made significant advancements toward compliance since its original
request, and expects to achieve compliance for all models except the
Boeing 737. Boeing requested that the compliance date for 737s be
changed from April 7, 2010 to July 6, 2010, noting that about 15
aircraft are expected to be produced during that time, which is before
the power source equipment can be certificated and installed.
The FAA will not extend the compliance date in the rule for a
single model of aircraft. The agency appreciates Boeing's renewed
efforts at timely compliance, and will address the need for individual
model 737 aircraft to be granted temporary operating exemptions when
requested by the operators taking delivery of the affected aircraft.
Requests for exemption need to be filed by the affected operators under
the procedures of 14 CFR part 11. Any aircraft granted an exemption
will need to be retrofitted with the power source equipment before any
granted exemption expires.
In its comment, Airbus included detailed descriptions of its
efforts toward compliance since it filed a petition for exemption in
June 2009 on behalf of affected operators of its aircraft. Airbus
indicated that it cannot guarantee that design changes necessary to
implement the increased DFDR sampling rates will be ready before the
December 6, 2010 extension proposed in the NPRM, and renewed its
request that the compliance date be extended a full year.
The FAA has determined that the compliance date for part 121, 125,
and 135 aircraft DFDR sampling rates will be extended until December 6,
2010, as proposed. Operators that require relief for aircraft
manufactured after that date may apply for temporary exemption relief
under 14 CFR part 11.
Airbus also renewed its request to extend the compliance time for
datalink recording by one year from the current rule, indicating that
the alternative is to have inactive datalink communication equipment
installed.
The FAA has again concluded that any future benefit of using
datalink equipment alone is outweighed by the risk of not having the
communications recorded. Once datalink equipment is installed and is in
use for instructions that affect the movement of the aircraft, a record
of those instructions becomes a critical element for post accident and
incident investigation. The data provided by these and other recordings
play a critical part in understanding the actions and events that lead
up to the accident or incident. Once probable cause has been
determined, actions can be taken to prevent future accidents of the
same type from occurring. The elimination of voice communication and
the requirements that it be recorded must be accomplished in a manner
that maintains the integrity of the information, and that will occur
when datalink communications are recorded. The implementation of the
recording requirement cannot be further delayed in favor of some
generalized benefit of lessened environmental operational impact and
eventual international harmonization. The FAA notes that datalink
communication remains optional under our regulations. But when chosen
to be installed, the safety issues that attach to its use require that
recordation of those communications not be delayed any further.
Nor does the FAA accept the argument that since some datalink
communications are captured on the ground, it would be an acceptable
alternative to onboard recordation. Such activities are not recognized
by federal regulation and raise questions with regard to who intercepts
and maintains the record of such communications and to whom they would
be accessible. Nor are there any industry standards for the capture or
maintenance of data recorded by ground-based systems. While such
activities may become acceptable in the future as the technology
advances, it does not change the need for recording datalink
communications on board an aircraft now.
The Air Transport Association (ATA) commented on behalf of its
member operators that the proposed extensions will reduce the number of
airplanes that are unable to comply, but will not eliminate the
potential need for temporary exemptions. The ATA also renewed its
request for a change in the date after which in-service aircraft need
to add datalink recording capability when new datalink equipment is
installed.
The FAA understands that the compliance extensions for part 121,
125, and 135 operations adopted in this final rule may not capture
every aircraft manufactured in 2010. As we noted in response to the
Boeing 737 issue with the CVR independent power source, the FAA
anticipates that some exemption requests will be filed. The FAA has
found that the proposed compliance extension is appropriate under the
circumstances described by the industry, but that further extension is
not. The FAA notes that no matter how far in advance compliance dates
are set, the agency is almost always faced with requests for temporary
exemption as those dates approach. As indicated in the preamble to the
proposed rule, the agency has not been persuaded that a different
compliance time is either necessary or appropriate for in-service
aircraft adding optional new datalink equipment. In response to
industry inquiries, the FAA plans to publish on its Web site additional
guidance on datalink recording compliance for upgrades to existing
aircraft.
F. Rotorcraft Corrections
In the NPRM, we also proposed changes to the certification rules of
parts 27 and 29 to correct references to airplanes that were
inadvertently placed in the rotorcraft certification rules. No comments
were received on these proposed changes and they are adopted as
proposed.
G. Final Rule Summary
As compared with the final rule adopted in March 2008, this final
rule adopts the following flight recorder equipment compliance times:
1. For the ten-minute backup power source for CVRs, the compliance
date for newly manufactured aircraft operating under part 91 is April
6, 2012.
2. For increased DFDR sampling rates, the compliance date for newly
manufactured aircraft operating under part 91 is April 6, 2012.
3. For increased DFDR sampling rates, the compliance date for newly
manufactured aircraft operating under part 121, 125, or 135 is December
6, 2010.
4. For recordation of datalink communications, the compliance date
after which newly installed datalink systems must include recording
capability for aircraft operating under part 91 is April 6, 2012.
5. For recordation of datalink communications, the compliance date
after which newly installed datalink systems must include recording
capability for aircraft operating under part 121, 125, or 135 is
December 6, 2010.
II. Regulatory Notice and Analysis
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no current
[[Page 17044]]
or new requirement for information collection associated with this
amendment.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it is to be included in the preamble
if a full regulatory evaluation of the cost and benefits is not
prepared. Such a determination has been made for this rule. The
reasoning for this determination follows:
In response to its 2010 NPRM, the FAA received several comments
that generally supported the proposed compliance dates. As discussed in
the NPRM, the FAA recognizes that technical difficulties have
necessitated the extension of certain compliance dates. By extending
the compliance dates, this rule will eliminate some retrofit and
airplane downtime costs.
Some commenters requested that the proposed part 135 compliance
date be aligned with the proposed part 91 compliance date because some
newly manufactured airplanes will operate under both part 91 and part
135. The FAA has determined that part 135 operations are more like part
121 operations, and the same compliance date extension is being adopted
for those two parts.
The FAA has determined that this rule is cost relieving, is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
The compliance dates extensions will reduce the costs by delaying
the date after which certain production aircraft must record some
parameters at a higher sampling rate. Since these aircraft would not
have been able to comply with the original date, this final rule
reduces some of these costs. The expected outcome will benefit small
operators that purchase new aircraft.
Therefore, as the FAA Administrator, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this rule and has determined that it will reduce
costs on both domestic and international entities and thus has a
neutral trade impact.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $141.3 million in lieu of $100
million. This rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, does not have federalism implications.
Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the FAA, when modifying its regulations in a manner
affecting intrastate aviation in Alaska, to consider the extent to
which Alaska is not served by transportation modes other than aviation,
and to establish appropriate regulatory distinctions. In the NPRM, we
requested comments on whether the proposed rule should apply
differently to intrastate operations in Alaska. We did not receive any
[[Page 17045]]
comments, and we have determined, based on the administrative record of
this rulemaking, that there is no need to make any regulatory
distinctions applicable to intrastate aviation in Alaska.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in Chapter 3, paragraph 312f and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://
www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations_policies/ or
3. Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/
sbre_act/.
Good Cause
This final rule amends certain compliance dates in various
operating regulations and provides relief to operators of certain
aircraft manufactured on or after April 7, 2010. Since that date is
less than 30 days from the publication of these amendments, the FAA has
determined that good cause exists under 5 U.S.C. 553(d) to make this
rule effective less than 30 days from publication.
List of Subjects in 14 CFR Parts 27, 29, 91, 121, 125, and 135
Air carriers, Air taxis, Aircraft, Aviation safety, Charter
flights, Safety, Transportation.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends parts 27, 29, 91, 121, 125, and 135 of Title 14, Code of Federal
Regulations, as follows:
PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
0
1. The authority citation for part 27 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
0
2. Amend Sec. 27.1457 by revising paragraph (d)(1)(ii) to read as
follows:
Sec. 27.1457 Cockpit voice recorders.
* * * * *
(d) * * *
(1) * * *
(ii) It remains powered for as long as possible without
jeopardizing emergency operation of the rotorcraft.
* * * * *
0
3. Amend Sec. 27.1459 by revising paragraph (a)(3)(ii) to read as
follows:
Sec. 27.1459 Flight data recorders.
(a) * * *
(3) * * *
(ii) It remains powered for as long as possible without
jeopardizing emergency operation of the rotorcraft.
* * * * *
PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
0
4. The authority citation for part 29 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
0
5. Amend Sec. 29.1457 by revising paragraph (d)(1)(ii) to read as
follows:
Sec. 29.1457 Cockpit voice recorders.
* * * * *
(d) * * *
(1) * * *
(ii) It remains powered for as long as possible without
jeopardizing emergency operation of the rotorcraft.
* * * * *
0
6. Amend Sec. 29.1459 by revising paragraph (a)(3)(ii) to read as
follows:
Sec. 29.1459 Flight data recorders.
(a) * * *
(3) * * *
(ii) It remains powered for as long as possible without
jeopardizing emergency operation of the rotorcraft.
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
7. 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
8. Amend Sec. 91.609 by revising paragraph (i)(1) adding new paragraph
(i)(3) and revising paragraph (j) to read as follows:
Sec. 91.609 Flight data recorders and cockpit voice recorders.
* * * * *
(i) * * *
(1) Is installed in accordance with the requirements of Sec.
23.1457 (except for paragraphs (a)(6) and (d)(5)); Sec. 25.1457
(except for paragraphs (a)(6) and (d)(5)); Sec. 27.1457 (except for
paragraphs (a)(6) and (d)(5)); or Sec. 29.1457 (except for paragraphs
(a)(6) and (d)(5)) of this chapter, as applicable; and
* * * * *
(3) For all airplanes or rotorcraft manufactured on or after April
6, 2012,
[[Page 17046]]
also meets the requirements of Sec. 23.1457(a)(6) and (d)(5); Sec.
25.1457(a)(6) and (d)(5); Sec. 27.1457(a)(6) and (d)(5); or Sec.
29.1457(a)(6) and (d)(5) of this chapter, as applicable.
(j) All airplanes or rotorcraft required by this section to have a
cockpit voice recorder and a flight data recorder, that install
datalink communication equipment on or after April 6, 2012, must record
all datalink messages as required by the certification rule applicable
to the aircraft.
* * * * *
0
9. Amend appendix E to part 91 by revising footnote 5 to read as
follows:
Appendix E to Part 91--Airplane Flight Recorder Specifications
* * * * *
\5\ For Pitch Control Position only, for all aircraft manufactured
on or after April 6, 2012, the sampling interval (per second) is 8.
Each input must be recorded at this rate. Alternately sampling
inputs (interleaving) to meet this sampling interval is prohibited.
0
10. Amend appendix F to part 91 by revising footnote 4 to read as
follows:
Appendix F to Part 91--Helicopter Flight Recorder Specifications
* * * * *
\4\ For all aircraft manufactured on or after April 6, 2012, the
sampling interval per second is 4.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
11. 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
12. Amend Sec. 121.359 by revising paragraphs (e)(1) and (j)(1),
adding new paragraph (j)(4), and revising paragraph (k) to read as
follows:
Sec. 121.359 Cockpit voice recorders.
* * * * *
(e) * * *
(1) Is installed in accordance with the requirements of Sec.
23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) or Sec.
25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) of this
chapter, as applicable; and
* * * * *
(j) * * *
(1) Is installed in accordance with the requirements of Sec.
23.1457 (except for paragraph (a)(6) or Sec. 25.1457 (except for
paragraph (a)(6)) of this chapter, as applicable;
* * * * *
(4) For all airplanes manufactured on or after December 6, 2010,
also meets the requirements of Sec. 23.1457(a)(6) or Sec.
25.1457(a)(6) of this chapter, as applicable.
(k) All airplanes required by this part to have a cockpit voice
recorder and a flight data recorder, that install datalink
communication equipment on or after December 6, 2010, must record all
datalink messages as required by the certification rule applicable to
the airplane.
0
13. Amend appendix M to part 121 by revising footnote 18, to read as
follows:
Appendix M to Part 121--Airplane Flight Recorder Specifications
* * * * *
\18\ For all aircraft manufactured on or after December 6, 2010, the
seconds per sampling interval is 0.125. Each input must be recorded
at this rate. Alternately sampling inputs (interleaving) to meet
this sampling interval is prohibited.
* * * * *
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
14. 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
15. Amend Sec. 125.227 by revising paragraph (h)(1), adding new
paragraph (h)(4), and revising paragraph (i) to read as follows:
Sec. 125.227 Cockpit voice recorders.
* * * * *
(h) * * *
(1) Is installed in accordance with the requirements of Sec.
25.1457 (except for paragraph (a)(6)) of this chapter;
* * * * *
(4) For all airplanes manufactured on or after December 6, 2010,
also meets the requirements of Sec. 25.1457(a)(6) of this chapter.
(i) All airplanes required by this part to have a cockpit voice
recorder and a flight data recorder, that install datalink
communication equipment on or after December 6, 2010, must record all
datalink messages as required by the certification rule applicable to
the airplane.
0
16. Amend appendix E to part 125 by revising footnote 18, to read as
follows:
Appendix E to Part 125--Airplane Flight Recorder Specifications
* * * * *
\18\ For all aircraft manufactured on or after December 6, 2010, the
seconds per sampling interval is 0.125. Each input must be recorded
at this rate. Alternately sampling inputs (interleaving) to meet
this sampling interval is prohibited.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
17. 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
18. Amend Sec. 135.151 by revising paragraphs (b)(1), (g)(1)(i),
(g)(2)(i), and (h) and by adding paragraphs (g)(1)(iv) and (g)(2)(iv)
to read as follows:
Sec. 135.151 Cockpit voice recorders.
* * * * *
(b) * * *
(1) Is installed in accordance with the requirements of Sec.
23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)); Sec.
25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)); Sec.
27.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)); or Sec.
29.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) of this
chapter, as applicable; and
* * * * *
(g)(1) * * *
(i) Is installed in accordance with the requirements of Sec.
23.1457 (except for paragraph (a)(6)); Sec. 25.1457 (except for
paragraph (a)(6)); Sec. 27.1457 (except for paragraph (a)(6)); or
Sec. 29.1457 (except for paragraph (a)(6)) of this chapter, as
applicable; and
* * * * *
(iv) For all airplanes or rotorcraft manufactured on or after
December 6, 2010, also meets the requirements of Sec. 23.1457(a)(6);
Sec. 25.1457(a)(6); Sec. 27.1457(a)(6); or Sec. 29.457(a)(6) of this
chapter, as applicable.
(2) * * *
(i) Is installed in accordance with the requirements of Sec.
23.1457 (except for paragraph (a)(6)); Sec. 25.1457 (except for
paragraph (a)(6)); Sec. 27.1457 (except for paragraph (a)(6)); or
Sec. 29.1457 (except for paragraph (a)(6)) of this chapter, as
applicable; and
* * * * *
(iv) For all airplanes or rotorcraft manufactured on or after
December 6, 2010, also meets the requirements of Sec. 23.1457(a)(6);
Sec. 25.1457(a)(6);
[[Page 17047]]
Sec. 27.1457(a)(6); or Sec. 29.457(a)(6) of this chapter, as
applicable.
(h) All airplanes or rotorcraft required by this part to have a
cockpit voice recorder and a flight data recorder, that install
datalink communication equipment on or after December 6, 2010, must
record all datalink messages as required by the certification rule
applicable to the aircraft.
0
19. Amend appendix C to part 135 by revising footnote 4 to read as set
forth below.
Appendix C to Part 135--Helicopter Flight Recorder Specifications
* * * * *
\4\ For all aircraft manufactured on or after December 6, 2010, the
sampling interval per second is 4.
0
20. Amend appendix E to part 135 by revising footnote 3 to read as set
forth below.
Appendix E to Part 135--Helicopter Flight Recorder Specifications
* * * * *
\3\ For all aircraft manufactured on or after December 6, 2010, the
sampling interval per second is 4.
0
21. Amend appendix F to part 135 by revising footnote 18 to read as set
forth below.
Appendix F to Part 135--Airplane Flight Recorder Specifications
* * * * *
\18\ For all aircraft manufactured on or after December 6, 2010, the
seconds per sampling interval is 0.125. Each input must be recorded
at this rate. Alternately sampling inputs (interleaving) to meet
this sampling interval is prohibited.
Issued in Washington, DC, on March 30, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-7660 Filed 4-2-10; 8:45 am]
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