Friday, March 7, 2008

Part III

Department of Transportation Federal Aviation Administration

14 CFR Parts 23, 25, 27 et al. Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations; Final Rule

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12542 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking Recommendation No. A–96–89. The FAA’s authority to issue rules Within two years, require all aircraft Federal Aviation Administration regarding aviation safety is found in required to have a CVR to be retrofitted Title 49 of the United States Code. with a CVR that receives, on dedicated 14 CFR Parts 23, 25, 27, 29, 91, 121, Subtitle I, Section 106 describes the channels, (1) uninterrupted input from 125, 129 and 135 authority of the FAA Administrator. the boom or mask microphone and headphones of each crewmember; and [Docket No. FAA–2005–20245; Amendment Subtitle VII, Aviation Programs, describes in more detail the scope of the (2) uninterrupted input from an area No. 23–58, 25–124, 27–43, 29–50, 91–300, microphone. During these recordings, a 121–338, 125–54, 129–45, and 135–113] agency’s authority. This rulemaking is promulgated sidetone must be produced only when RIN 2120-AH88 under the authority described in the transmitter or interphone is selected. Subtitle VII, Part A, Subpart III, Section Finally, all audio signals received by Revisions to Cockpit Voice Recorder 44701. Under that section, the FAA is hand-held microphones must be and Digital Flight Data Recorder charged with prescribing regulations recorded on the respective flight Regulations providing minimum standards for other crewmember’s channel when keyed to practices, methods and procedures the ‘‘ON’’ position. AGENCY: Federal Aviation Recommendation No. A–96–171. Administration (FAA), DOT. necessary for safety in air commerce. This regulation is within the scope of Require that all newly manufactured ACTION: Final rule. that authority since flight data recorders CVRs intended for use on airplanes have a minimum recording duration of two SUMMARY: This final rule amends are the only means available to account for aircraft movement and flight crew hours. cockpit voice recorder (CVR) and digital Recommendation No. A–99–16. By actions critical to finding the probable flight data recorder (DFDR) regulations January 1, 2005, retrofit all airplanes cause of incidents or accidents, affecting certain air carriers, operators, that are required to carry a CVR and an including data that could prevent future and aircraft manufacturers. This final FDR with a CVR that (1) meets the incidents or accidents. rule increases the duration of certain standards of the Technical Standard CVR recordings, increases the data Background Order on Cockpit Voice Recorder recording rate for certain DFDR Systems, TSO-C123a, or later revision; A. Statement of the Problem parameters, requires physical separation (2) is capable of recording the last two of the DFDR and CVR, improves the For many years, the National hours of audio; and (3) is fitted with a reliability of the power supplies to both Transportation Safety Board (NTSB) has 10-minute independent power source the CVR and DFDR, and requires that experienced difficulties while that is located with the CVR and that certain datalink communications investigating aircraft accidents and automatically engages and provides 10 received on an aircraft be recorded if incidents. The information recorded on minutes of operation whenever power to datalink communication equipment is cockpit voice recorders (CVRs) and the recorder ceases, either by normal installed. This final rule is based on Digital Flight Data Recorders (DFDRs) shutdown or by a loss of power to the recommendations issued by the has not always been sufficient to bus. National Transportation Safety Board support the NTSB’s investigations. The Recommendation No. A–99–17. following its investigations of several problems encountered by the NTSB Require all aircraft manufactured after accidents and incidents, and includes include the limited duration of CVR January 1, 2003, that are required to other revisions the FAA has determined recordings preceding an incident, and carry a CVR and a DFDR, to be equipped are necessary. These changes to CVR the loss of power to both CVRs and with two combination (CVR/DFDR) and DFDR systems are intended to DFDRs. These issues arose in the recording systems. One system should improve the quality and quantity of investigation of the following accidents be located as close to the cockpit as information recorded, and increase the and incidents: Alaska Airlines, Inc. practicable and the other as far aft as potential for retaining important flight 261 on January 31, 2000; EgyptAir practicable. Both recording systems information needed for accident and flight 990 on October 31, 1999; Delta Air should be capable of recording all incident investigations. Lines, Inc. flight 2461 on December 15, mandatory data parameters covering the DATES: These amendments become 1998; Swissair flight 111 on September previous 25 hours of operation and all effective April 7, 2008. 2, 1998; SilkAir flight 185 on December cockpit audio and controller-pilot datalink communications for the FOR FURTHER INFORMATION CONTACT: For 19, 1997; ValuJet Airlines flight 592 on previous two hours of operation. The technical questions contact: Timothy W. May 11, 1996; Trans World Airlines, system located near the cockpit should Shaver, Avionics Systems Branch, Inc. flight 800 on July 17, 1996; and be provided with an independent power Aircraft Certification Service, AIR–130, ValuJet Airlines flight 597 on June 8, source that engages automatically and Federal Aviation Administration, 800 1995. The notice of proposed provides 10 minutes of operation Independence Avenue, SW., rulemaking that preceded this final rule whenever normal aircraft power ceases. Washington, DC 20591; telephone (202) was published on February 28, 2005 The aft system should be powered by 385–4686; facsimile (202) 385–4651; e- (‘‘Revisions to Cockpit Voice Recorder the bus that provides the maximum mail [email protected]. For legal and Digital Flight Data Recorder reliability for operation without questions contact: Karen L. Petronis, Regulations,’’ 70 FR 9752) and discusses jeopardizing service to essential or Regulations Division, Office of the Chief these accidents and incidents in more emergency loads. The system near the Counsel, Federal Aviation detail, starting on page 9753. cockpit should be powered by the bus Administration, 800 Independence B. NTSB Recommendations that provides the second highest Avenue, SW., Washington, DC 20591; Based on its findings following these reliability for operation without telephone (202) 267–3073; facsimile investigations, the NTSB issued five jeopardizing service to essential or (202) 267–3073; e-mail safety recommendations for improving emergency loads. [email protected]. the flight recorder systems on all aircraft Recommendation No. A–99–18. SUPPLEMENTARY INFORMATION: required to carry a CVR and a DFDR. Amend § 25.1457 (for CVRs) and

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12543

§ 25.1459 (for DFDRs) to require that data to compare probable costs and NATA provided examples of aircraft CVRs, DFDRs, and redundant benefits. We did request comment on models it does not believe were combination CVR/DFDR units be each of these items. considered, as well as the types of powered from separate generator buses A more detailed discussion of each information that the association asserts with the highest reliability. proposed change can be found in the should have been collected by the FAA NPRM document on pages 9755–9762. for analysis. The NATA suggested itself C. Summary of the NPRM as a source of the data, but did not In February 2005, we proposed Discussion of Comments include with its comment any of the changes to the regulations that address A. General Summary data it suggested the FAA collect. the NTSB’s recommendations (70 FR The National Business Aviation The FAA received 55 submissions 9752; February 28, 2005)(the NPRM). Association (NBAA) submitted a similar from 53 commenters (two commenters We agreed with recommendation Nos. comment, indicating that a broad A–96–89, A–96–171, A–99–18, and each submitted two comments) in segment of on-demand operators would parts of Nos. A–99–16 and A–99–17. response to the NPRM. have to comply with the proposed In the NPRM, we proposed that all Six commenters supported the regulations, but that there was no CVRs be able to retain the last two hours proposal in its entirety. Thirty-two indication that we properly evaluated of cockpit conversation, and that a commenters generally supported the their effect on those operators. As an better technical standard for equipment intent, but offered detailed alternatives example, the NBAA noted that the cost be mandatory. We proposed that aircraft or changes to various sections. The of development of a supplemental type carry an independent power source to supporting commenters included certificate that would be needed for power CVRs for 10 minutes after main airframe manufacturers, aircraft more than 15,000 aircraft was not power sources fail. We also proposed operators, industry associations, an determined or accounted for in the language to standardize across operating accident investigator, and several regulatory evaluation. parts when a CVR is operated. individuals. Similarly, the Regional Airline We proposed wiring requirements Three commenters opposed the Association (RAA) said that the that would ensure that each CVR and proposal in its entirety and requested regulatory evaluation does not DFDR receives its electrical power from that we either abandon or postpone the adequately describe the benefits of the the bus that provides the maximum proposed requirements. One commenter proposed equipment retrofit, and does reliability for operation of each recorder did not specifically state opposition, but not feel that there is enough information without jeopardizing service to essential it was inferred from the comment. Eight in the regulatory evaluation for them to or emergency loads. Each recorder also commenters objected to the proposed comment on adequately. must remain powered for as long as changes specifically for part 27 and part These associations urged the FAA to possible without jeopardizing 29 rotorcraft, for part 91 and part 135 retract those parts of the rule that affect emergency operation of the aircraft. aircraft, or for aircraft with fewer than these operators, or to take no further These requirements would apply to 60 seats. Some of these commenters also action until more comprehensive data newly manufactured aircraft. questioned the FAA’s analysis of the can be gathered and analyzed. Each We proposed that CVRs and DFDRs be effect of the proposed rule on small commenter believes that the cost installed in separate containers in all businesses. The opposing commenters estimates would be significantly higher airplanes; rotorcraft would be allowed included aircraft operators, industry than those presented in the NPRM. to have a single combined unit for both associations, and individuals. We reviewed our analysis of the recorders. For aircraft that have both a In the three remaining comments, one impact of the two CVR changes CVR and a DFDR, we proposed that the individual commenter offered a specific proposed as retrofits for part 91 and 135 interphone communications language change to the proposed rule airplanes (2-hour recorders and requirements described in the without stating support or opposition to independent power supply), and we certification rules apply to all part 23 the rest of it. The other two comments have concluded that our regulatory and part 25 airplanes. were joint submissions from four evaluation did not include several We proposed increased data recording members of the U.S. House of issues raised by the commenters. Since rates for certain flight control Representatives that expressed strong we are not able to quantify the potential parameters that would apply to both support for the use of deployable burden of the two CVR retrofit airplanes and rotorcraft. recorder systems. requirements on these operators, we We proposed that datalink have removed the two CVR B. Proposed Retrofits for Part 91 and communications be recorded when requirements from the final rule for Part 135 Aircraft datalink systems are installed on aircraft operating under parts 91 and airplanes after a certain date, and we Two parts of the proposed rule would 135. For other reasons discussed below, sought comment on the nature and affect aircraft currently operating under we are also not adopting the proposed scope of what should be required to be parts 91 and 135 by requiring ‘checklist to checklist’ language for part recorded, acknowledging that the state equipment retrofits. These include the 91 or part 135. New applicability of the technology is still developing. requirements that CVRs use solid state sections will retain the same checklist We did not propose to adopt the memory (replacing magnetic tape) and language as exists in the affected part. NTSB recommendation that the 10- have two hours of recording capability, However, we are adopting the minute CVR power supply be installed up from as little as 15 minutes in part datalink recording requirement for these as a retrofit on current aircraft, that 91. two operating parts. If an operator of an aircraft carry a deployable recorder The National Air Transportation aircraft under part 91 or 135 voluntarily system, or that each airplane carry two Association (NATA) expressed installs datalink equipment after two complete recording systems. In disappointment with what it considers years from the effective date of the rule, evaluating these recommendations, we the agency’s failure to include a the requirement for datalink recordation determined that the anticipated costs meaningful review of the impact of will apply. This is consistent with the were too great to justify any potential these two proposed requirements on requirement facing operators under benefit, or that there was insufficient part 91 and part 135 operators. The parts 121 and 125, and we have no

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12544 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

reason to discriminate between these the proposed requirement for part 129 the confusion about current operating rules. We are also adopting airplanes, however, does not specify a requirements. the requirement for separate containers recording duration, which it noted may No change to the 2-hour recording for CVRs and DFDRs (except for have been an omission. duration has been made in the final rule rotorcraft) as it imposes no cost since it The language we proposed for based on these comments. is a codification of current FAA policy § 129.22 (now § 129.24) would require D. CVR Independent Power Supply and no combined recorder has ever been the CVR on a U.S. registered airplane to approved for installation on an airplane. record the information that would be Seven commenters (ALPA, Boeing, The NPRM also contained several required to be recorded if the aircraft Smiths, the NTSB, the Aerospace other requirements that will affect only were operated under part 121, 125, or Industries Association (AIA), Radiant newly manufactured airplanes that may 135. This requirement captures the Power Corporation (Radiant) and operate under parts 91 and 135. The proposed requirement in those parts for Airbus) expressed concern that the commenters provided no reason why two hours of CVR recording time. No proposed requirement for a Recorder those upgrades that must be change to the final rule is necessary for Independent Power Supply (RIPS) for incorporated at the time of aircraft the two-hour duration to apply to part CVRs did not address installation manufacture should not be applicable to 129 airplanes. issues. These commenters want to minimize the possibility of an all categories of aircraft regardless of the In addition to its comment on the inadvertent disconnect from the CVR eventual operator. In general, the economic value of the retrofit, the RAA that could result from damage to the proposed CVR and DFDR upgrades on questioned the value of a two hour RIPS or to exposed, lengthy wiring. wiring, data rates, and interphone recorder on flights that are on average These commenters suggested several communications will be adopted as much shorter. Since many of the RAA’s proposed for all newly manufactured installation solutions, including: constituents operate flights of less than • Installing a combination kit of the aircraft. Similarly, the CVR 60 minutes, the RAA stated that the requirements for 2-hour solid state CVR plus the RIPS (AIA), or integrating current 30 minute recording time is the RIPS in the CVR (Airbus, Radiant, recorders and the addition of a backup sufficient to capture relevant voice data. power system will remain for all newly Smiths); and Although we agreed with the • Co-locating the CVR and the RIPS manufactured aircraft. Again, we are commenters concerning the evaluation unable to draw a distinction between (ALPA) or locating the RIPS as close as of retrofit costs, the FAA cannot agree the eventual operating regulations for practical to the CVR (Airbus, Boeing, that a different standard should apply to aircraft of any size that have yet to be NTSB). certain aircraft when they are in manufactured. The FAA agrees with the concern regional operation. The benefit of this raised by these commenters. We have C. CVR Recording Duration additional information is the same considered the various installation The FAA proposed that all CVRs be regardless of individual flight duration. solutions suggested by the commenters, able to retain the last two hours of Further, aircraft transfer between routes and have determined that requiring the cockpit audio. Both the NTSB and the and operating parts, and none of the RIPS to be installed as close as Transportation Safety Board of Canada aircraft cited by the RAA are limited by practicable to the CVR is the best noted that the short duration of design to flights of 30 minutes or less. solution. This configuration will available cockpit audio hindered the Smiths Aerospace, LLC (Smiths) minimize the distance between the CVR investigation of several accidents. commented that the standard proposed and the RIPS and the amount of wiring The Air Line Pilots Association in the final rule for CVRs, TSO–C123a, necessary, decreasing the potential for a (ALPA) did not support the proposal to mirrors the standard set forth in power failure affecting the CVR when increase CVR recording time because EUROCAE document ED–56, which main power is lost and the RIPS unit the FAA did not propose any increase allows for the combined (merged) engages. Therefore, the final rule in the privacy protections regarding the recording of three non-area microphone contains a requirement that the RIPS be access and use of information recorded signals into a single recording after the installed as close as practicable to the on a CVR. The ALPA stated that existing first 30 minutes. Smiths suggested that CVR. protections are inadequate despite years allowing combined audio for 90 of the As to the integration of the RIPS into of its attempts to change the standard. proposed 120 minutes will reduce the the CVR unit, we do not have enough We recognize that ALPA and others quality and effectiveness of the data to support either mandating or have concerns about the use of CVR recording. Smiths also proposed prohibiting a combined RIPS/CVR unit. data, and we continue to work to language that would specifically The decision to combine the units is address these concerns. We are unable prohibit the use of magnetic tape best left to the system designer for to concur with the conclusion that those recorders, since it was the agency’s individual aircraft. Our TSO–C155 and concerns outweigh the investigative stated intent in the NPRM. other industry standards allow for need for more information, especially While an interesting technical certification of RIPS as either a when it is so readily available and consideration, the FAA did not propose combined or stand-alone unit. affordable. The history of accident a change to the TSO standard (which is Combined units would meet the ‘‘as investigation contains several examples based on ED–56) in the NPRM, and the close as practicable’’ standard of the of CVR recordings that begin well into process for changing TSOs is separate regulation. a conversation of the problem under and complex. We also believe that a Boeing noted the term ‘‘independent’’ investigation. The adverse effect on requirement for two hours of recording could be interpreted to mean the RIPS safety of these abbreviated recordings time is enough to eliminate the use of must be a separate piece of equipment cannot be ignored. magnetic tape recorders for those and cannot be incorporated into the Boeing Commercial Airplanes aircraft subject to the requirement. CVR. Boeing suggested adding a new (Boeing) agreed that the additional data Further, Smiths did not indicate where subparagraph to § 25.1457 that would from a longer duration recorder would this language would be inserted, and a allow, but does not require, have been a significant benefit in change in the retrofit applicability for incorporation of the RIPS as part of the accident investigation. Boeing notes that parts 91 and 135 would simply add to CVR.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12545

As stated, the purpose of the RIPS substantial installation and annual F. RIPS Duration Requirement equipment is to ensure the CVR costs. Three commenters (Boeing and two continues to function for 10 minutes The lack of historical data supporting individuals) requested that the FAA following the loss of its main power a need for RIPS for CVRs in rotorcraft change the duration of the RIPS power source by having its own independent was also cited by HAI. It noted that the requirement. Boeing requested that the power source. The term ‘‘independent’’ proposed rule is directed at transport requirement be changed from 10 does not describe the location of the category airplanes, where RIPS can be minutes to 10±1 minutes, to prevent RIPS as it relates to the CVR. In TSO- justified, but does not make the case for erasure or overwriting of valuable data, C155, we state that the RIPS may be a small to medium rotorcraft certificated and to be consistent with TSO C–155 for part of the CVR or separate from it. under part 27 or part 29. The HAI stated RIPS, and other industry standards from Five commenters (AIA, ALPA, that the increase in system weight, cost EUROCAE’s ED–112 (Minimum Boeing, L3 Communications (L3) and and complexity would provide little or Operational Performance Specification the NTSB) suggested the final rule no enhancement to safety. for Crash Protected Airborne Recorder should contain a 4-year retrofit RIPS As a consequence of the proposed Systems) and ARINC 777 (Recorder requirement similar to that proposed for RIPS installation, Columbia Helicopters, Independent Power Supply). If adopted, the 30-minute-to-2-hour CVR Inc. (Columbia) asked the FAA to Boeing suggested that the final rule state conversion. The NTSB stated the consider possible unwanted that the ‘‘10±1 minutes’’ means the benefits of such a requirement vastly consequences on helicopters operating backup power source must operate at outweigh the additional costs. Boeing under part 133 external load operation least 9 minutes, but not longer than 11 agreed, stating that a RIPS retrofit would (non-passenger carrying) rules. minutes. have significant value for in-service Columbia noted that the added weight One individual commenter suggested aircraft. The ALPA and AIA support a and operating cost of a RIPS might increasing the time to 30 minutes RIPS retrofit requirement for all aircraft discourage these operators from because 10 minutes is too short a time operating under part 121, while L3 voluntarily installing CVRs. Columbia period to record everything during a noted that it had anticipated the need suggested language limiting the RIPS power failure. The commenter provided for such equipment, and that their requirement to passenger carrying no details or examples of the need for product development is complete and operations. 30 minutes. A second individual stated represents an available, cost-effective The final rule includes part 27 and 29 that the 10-minute standard is solution. rotorcraft with fewer than 20 passengers insufficient, but did not specify what While the FAA recognizes the benefits in the RIPS requirement, as proposed. the duration should be. of expanding the RIPS requirement The purpose of the RIPS requirement is The FAA agrees with Boeing that the beyond newly manufactured aircraft, we to record additional pilot final rule should be consistent with the remain unable to mandate retrofit as a communications, environmental noises TSO and industry standards. The final cost-beneficial change. When we and other information (such as from a rule requires the RIPS to provide 10±1 considered the option for the NPRM, we cockpit-mounted area microphone) if all minutes of electrical power to operate found that the cost of a RIPS retrofit was power is lost. A loss of power is both the cockpit voice recorder and considerable and the burden on current possible on aircraft of all types. We are cockpit area microphone. We are not operators would be substantial. Even if unable to distinguish rotorcraft from including the additional suggested the equipment is already available, a other aircraft when the possibility of language since the documents cited by RIPS retrofit could easily require major power loss is considered, and the Boeing establish that 10±1 minutes alterations and extensive aircraft benefits are considered the same. We do means the backup power source shall rework. While expressing their support, not require compliance with EUROCAE run at least 9 minutes, but not longer the commenters did not provide any standards; our regulations must reflect than 11 minutes, and repetition of the data that changes our conclusion. our requirements. language is not necessary. The FAA does not agree the RIPS E. RIPS on Rotorcraft The other commenters did not explain requirement might discourage part 133 why the international standard of 10 Three commenters, Bell Helicopter operators from voluntarily installing minutes is not appropriate nor provide Textron Inc. (Bell), Eurocopter CVRs. The RIPS requirement is for any other support for their positions. Deutschland GmbH (Eurocopter) and newly manufactured aircraft whose the Helicopter Association International operating rules require a CVR. There is G. Other RIPS Issues (HAI), recommended the RIPS no mandated RIPS retrofit if a CVR is Airbus stated that two years is not requirement not apply to part 27 and 29 installed on an aircraft that does not enough time to integrate a RIPS into rotorcraft. Bell stated the NPRM failed require one for operation. current aircraft designs. Airbus stated to make a case for small to medium The CVR and RIPS TSOs provide the that TSO–C155 requires that a RIPS rotorcraft (fewer than 20 passengers) minimum performance standards for system provide both a failure and noted that these aircraft are much this equipment. However, neither one monitoring function and indications to less likely to suffer the types of events requires that RIPS be installed; that is the flightcrew. Airbus requested that the and failures that occur in fixed wing done by regulation. If a part 133 compliance time be changed to four aircraft. operator voluntarily chooses to install a years, to account for the modifications, Eurocopter stated that a RIPS CVR, it is not currently required to also qualification and certification of RIPS requirement is not relevant for rotorcraft install the RIPS, nor is the operator equipment. for two reasons, first citing three prevented from installing a RIPS. This We agree that RIPS installation on EUROCAE documents that forbid decision is totally up to the part 133 newly manufactured aircraft will shutdown of a CVR by the crew. operator. Therefore, we do not agree require integration into the existing Second, when the CVR is already with the commenter that adding the warning and indication systems. powered by the safest electrical power RIPS requirement to parts 27 and 29 However, Airbus did not provide us bus, a RIPS would not decrease the would affect the decision to voluntarily with any specific data to support its probability of a failure, but would add install a CVR. position that this requirement could not

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12546 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

be accomplished two years after this Bell also stated that the ‘‘no single costs or benefits that would change our final rule. Further, no other airframe electrical failure could disable both the conclusion. The final rule remains manufacturer expressed this concern. CVR and DFDR’’ language was applicable only to aircraft manufactured The 2-year compliance date for the ambiguous. Bell noted that it has been two years after this final rule. installation of RIPS into newly interpreted in different ways, and that if 2. Single Electrical Failure vs. Most manufactured airplanes is adopted as it is applied to either the failure of any Reliable Bus proposed. single electrical component within a Airbus and Boeing each noted that the combined CVR/DFDR, or to a single In addition to the requirement that no CVR may also provide power for the electrical failure external to the single electrical failure disable both cockpit area microphone and associated recorder, it would make most available recorders discussed above, we proposed electronics, such as a preamplifier. recorders obsolete. Bell suggested that if that all newly manufactured aircraft Since the proposed RIPS requirement the applicability to all rotorcraft is have a CVR and DFDR installed that only applies to the CVR, they expressed maintained, the language be changed to receives its electrical power from the concern that the additional equipment indicate that the single electrical failure bus that provides the maximum may not be powered and would render at issue is external to the recorder. reliability of operation. the CVR useless despite its own power. Columbia Helicopters made a similar AirTran and Northwest Airlines Each commenter suggested that argument, noting that for an allowed (Northwest) suggested the proposed language be added to § 25.1457 that combined recorder, the requirement is language for these two requirements is addresses a continuation of power to all confusing and contradictory, and contradictory. AirTran stated that, in parts of the CVR system required for requested that the language be clarified. order to have the DFDR and CVR on recording area microphone audio input. The FAA acknowledges that the different sources to preclude a single The FAA agrees with Boeing and separation of electrical power has not failure from disabling both units, one of Airbus. In addition to the reference for been an issue on rotorcraft to date. the units is likely to be on a less reliable 10±1 minutes of electrical power However, the potential problem being source than the other. Northwest asked discussed above, the regulation has been addressed by the ‘‘no single electrical if requiring both the CVR and FDR to be changed to include power to operate failure’’ requirement remains in any powered by the most reliable bus would tiered electrical power system and may both the cockpit voice recorder and the create an opportunity for a single point affect all aircraft, fixed wing or cockpit-mounted area microphone. electrical failure that disabled both rotorcraft. We also agree that the AirTran Airways (AirTran) requested recorders, violating the single failure language of the proposed requirement that any RIPS requirement ensure CVR proposal. could be misinterpreted in a combined interchangeability so that operators will We disagree that the two requirements not have to maintain separate CVR recorder installation. Since the intent of the regulation is to prevent electrical are contradictory. Proper system design inventories for aircraft that have the will allow the CVR and the FDR to be RIPS and those that do not. failures of aircraft wiring or electrical power external to the recorder from powered by different, but equally While we recognize that CVR reliable, buses. This will ensure that a interchangeability is desirable, the type disabling both recorder functions, we have changed §§ 23.1457(d)(4), single point failure does not affect both. of CVR (and RIPS) on a given aircraft is We recognize that some sensors in the driven by installation and component 25.1459(a)(7), 27.1457(d)(4) and 29.1459(a)(6) to reflect this DFDR system may be powered by buses design, not by regulation. The CVR and that are lower in the electrical hierarchy RIPS each have a TSO (as well as interpretation. However, we remain unable to distinguish rotorcraft by the than the recorders. While some ARINC standards) that will ensure that information may be lost if these lower as long as an operator uses these number of passengers, and the rule is adopted for all helicopters with the buses fail, the failure itself could components, interchangeability should provide insight as to the sequence of not be an issue. AirTran and other modifications described here. The NTSB and the AIA recommended events occurring during an accident or operators need to provide input to the the no single electrical failure incident and does not create an issue manufacturers of airframes and CVRs requirement be expanded beyond newly with the failure of power to the recorder during the development of RIPS manufactured aircraft to include the itself. equipment. The final rule does not existing fleet. The NTSB noted that, 3. Most Reliable Bus—Other Comments address CVR interchangeability. with this change, the final rule would H. CVR and DFDR Wiring Requirements comply with the NTSB recommendation The ATA expressed concern that the on this subject. The NTSB also stated proposed language regarding power to 1. Single Electrical Failure that since most existing aircraft already the recorders from the most reliable bus We proposed that CVRs and DFDRs be meet this requirement, any retrofit (§§ 25.1457(d)(1) and 25.1459(a)(3)) is installed so that no single electrical requirement would have a minimal vague, and proposed different language failure could disable the recorders. economic impact. The AIA suggested for these sections. Northwest expressed Bell requested the FAA exclude part the FAA consider including the current the concern that the last sentence in 27 and part 29 rotorcraft with fewer fleet after conducting a cost-benefit each paragraph is redundant and than 20 passengers from the analysis. suggested the proposed language is requirement that no single electrical The FAA considered this option redundant with the existing paragraph. failure will disable both the CVR and while developing the NPRM and found We have reviewed the proposed DFDR. Bell referred to historical data that a wiring retrofit represents a language and have concluded it presented by the United Kingdom significant economic burden, and could properly conveys the intent of the Aircraft Accident Investigation Board require extensive aircraft rework in requirements. The language suggested (AAIB) and Bell’s own experience with order to rewire not only the recorder by the ATA introduces terms that would combined recorders, to conclude that systems, but other aircraft systems that be open to numerous interpretations, this requirement is unnecessary and are affected by changes made for the and suggests a requirement for recorder would result in significant development recorders. The commenters did not power much more restrictive than our and certification costs. provide any new data for either the intent.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12547

Regarding Northwest’s comment that may have one combined unit. A These suggestions bring up several the second sentence in each paragraph combined unit must meet all of the issues when one or more combination is redundant, we note that, while requirements for both DFDRs and CVRs, recorders are installed, including non- similar, they address two separate which are determined by aircraft age. functioning equipment for Minimum issues. The first sentence addresses the The other DFDR and CVR Equipment List (MEL) relief, RIPS units, source of the recorder’s power (i.e., the requirements are mandated in and the regulations on recorder location bus). The second sentence addresses the § 135.152(m)(1), which applies to and separate containers. situation experienced during Swissair aircraft manufactured two years after the Accordingly, the FAA is revising the flight 111, in which the flightcrew rule, and repeats the new container regulations to allow for the following in disabled the electric bus that powered reference; there is no retrofit the final rule: both the CVR and the DFDR while requirement for the other certification (1) When a single combination searching for a source of smoke in the sections referring to wiring if the recorder is used in place of either a cockpit. installation is not altered. On this topic, DFDR or a CVR, it will only be allowed Smiths suggested that all CVRs on the commenter may also have been to function as the chosen unit. The newly manufactured aircraft provide confused by the discussion in the combination recorder and the single dual isolated power bus inputs to preamble of the proposed rule, which function recorder must maintain the provide the recorders with the most indicates that if a rotorcraft operator requirements for aft location and reliable and available power and reduce changes a current two-unit installation separate boxes. No relief from any the possibility of a single electrical to a single combined unit, the new regulation is granted by this failure disabling a recorder. power and wiring requirements must be configuration. If one combination box is We reviewed Smiths’ proposal, but met. Since a single combined unit is used, it cannot be used as a CVR located the commenter did not provide any optional, the rule does not impose the near the cockpit. information comparing its suggestion to new wiring requirements unless the (2) When two combination recorders the proposed rule, any suggestion of the operator chooses to make the change, are used, one may be located near the extent to which it might be used, or the and the operator must consider the cost cockpit. This recorder will function as cost of such a requirement. We of the rewiring as part of its decision to the CVR and, in newly manufactured concluded that our proposal to require change to a single combined unit. airplanes, may be co-located with the the DFDR and the CVR to be powered J. Dual Combination Recorders RIPS. In the event of an equipment by separate buses is sufficient and is failure subject to relief under an performance-based. When the NTSB recommended the operator’s MEL, no further relief is given installation of two full recording I. Separate Containers than for separate units. systems, it was included as part of a The FAA does not consider the Boeing noted the proposal stated that much larger system recommendation. voluntary installation of two each separate container must meet the The NTSB suggested that each aircraft combination recorders to be the ‘‘crashworthiness requirements already have a system that included two redundant/dual system envisioned by in the regulations.’’ Boeing assumed this combination recorders, one fore and one the NTSB recommendation. The use of statement refers to §§ 25.1457(e) and aft, with a RIPS attached to the forward two combination recorders is not 25.1459(b) and requested clarification. combination recorder. The NTSB mandated for any installation. Single- The phrase ‘‘crashworthiness recommended this as a retrofit. purpose recorders are the regulatory requirements already in the regulations’’ We did not propose the installation of minimum, and when used, all of the refers to the existing requirements in two full sets of recording equipment, requirements including separate parts 91, 121, 125 and 135 for installing referred to as ‘‘dual combination containers, wiring, and aft location recorders (both CVR and DFDR) that recorders,’’ as recommended by the remain the same. meet the crashworthiness requirements NTSB because of the substantial costs of TSO–C123a or TSO–C124a. involved. We did propose that a RIPS be K. Increased DFDR Recording Rates Columbia sought clarification on the installed for the CVRs on newly 1. Need for 16 Hertz (Hz) Requirement applicability of the proposed manufactured airplanes. requirements of §§ 27.1459 and 29.1459. Several commenters, including The FAA proposed an increase in the Columbia interpreted the proposal to Airbus, ALPA, Boeing, Embraer, recording rate to 16 Hz for certain flight require all helicopters currently Honeywell, Smiths, and the NTSB, each control parameters on aircraft equipped with combination recorders to suggested some variation on our manufactured two years after the final meet the entirety of the certification allowing the use of combination rule. While acknowledging that sections cited four years after the recorders. In a related issue, three parameters recorded at 1 or 2 Hz are adoption of the final rule, which would individual commenters recommended inadequate, five commenters, Airbus, require a retrofit of several items, placing the CVR and DFDR in separate AirTran, ATA, Boeing, and Embraer, including the 10 minute RIPS. Columbia parts of the aircraft to increase the suggested that a 16 Hz recording rate is suggested this interpretation did not chances of survival. The commenters excessive and could be very costly. reflect the intent of the FAA and raised issues of cost, survivability, Airbus argued the proposed rate recommended rewording the rule to separate location, and redundancy in would not only affect the DFDR and remove any confusion. arguing for combination recorders. associated interface units, but would We believe the commenter is Generally, if two combination also require redesign of the aircraft’s misreading the proposal. Columbia recorders are installed, one would be systems providing the parameter data. referred to ‘‘proposed 135.152(1),’’ but designated as the DFDR and one as the Airbus stated the impact of such a that is not a valid reference. Proposed CVR in accordance with the separate redesign is not covered in the § 135.152(l) (lower case ‘‘L’’) addresses container requirement. As a follow-on to compliance cost estimates in the NPRM, only the recorder containers, and means this configuration, several commenters nor is the proposed 2-year time frame that part 23 and 25 airplanes must requested that one combination recorder realistic for a redesign of these systems. maintain the recorders in two separate be located at the front of the airplane to Therefore, Airbus recommended boxes, while part 27 and 29 rotorcraft act as the CVR. replacing the existing standard with a

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12548 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

sampling rate appropriate to a given Boeing recommended that the final acquisition systems can support the aircraft type and supplied rates for each rule prohibit interleaving, since that proposed sample rate of 16 Hz, and of its aircraft models. Airbus’s comment practice impacts the true sampling rate. would require new equipment. Embraer does not include information on how Interleaving is the practice of sampling recommended a lower sample rate (8 the FAA would decide which rate is inputs and combining those samples to Hz), and proposed that a 16 Hz sample appropriate for any given aircraft, or comply with sampling rate rate apply to new aircraft type how such a standard could be requirements. For example, if the left certification programs only. established or its estimated cost for each elevator position is recorded two times Honeywell noted that, for aircraft in model aircraft. per second, and the right elevator two production, any increase in the AirTran noted the proposed sampling times per second, the total of these two sampling rate of a control surface rate for each flight control unit (nine measurements are combined to derive a position or a control input would total) would exceed the capacity of the sampling rate of four times per second. require a change to the systems that DFDR system installed in its fleet. This practice was originally necessary to provide source data to the DFDR system. AirTran recommended a sampling rate meet the sampling rate requirements on Honeywell also stated that a sampling equal to the recording capacity of the DFDR systems with smaller memory rate of 16 times per second, while DFDR systems. For AirTran’s installed capacity. This practice is undesirable reasonable for some parameters, might DFDR systems, this capacity is roughly because, in reality, alternating the be burdensome or inefficient for others. 8 Hz. inputs only provides data at the lower Honeywell suggested that a The ATA noted that some in- rate for each interleaved position. In performance-based standard for production aircraft do not provide data some cases, such as for inboard and recording would be superior to the one at the 16 Hz rate. These aircraft would outboard aileron surface positions, the proposed, with the actual rate to be require an extensive and costly redesign inboard surface is locked out under established as part of the certification to keep component interchangeability. certain flight conditions. When the process. Therefore, ATA proposed changing the parameters from these surfaces are We are adopting an 8 Hz requirement 16 Hz recording rate to a recording rate interleaved, the result is no data for half in the final rule rather than the 16 Hz requirement that is ‘‘at a maximum rate of the samples. proposed. Based on the comments, we available from that aircraft system up to We agree with Boeing and have have determined that 8 Hz is the 16 Hz.’’ changed the language of the final rule to maximum rate that can be achieved Boeing stated that 16 Hz is not state that alternately sampling inputs to without requiring modification of the necessary if the goal is to make the meet the applicable sampling interval is systems and equipment that provide recorded control motions unambiguous. not permitted. The prohibition on individual parameter data to the DFDR Instead, a change to 16 Hz would result interleaving applies to those flight system. The need for some increase in in unnecessarily large data analysis files control parameters subject to footnote the sampling rate has been addressed in and require significant added costs to 20 to part 121 Appendix M (and its the NTSB recommendations, as well as change the signal source. Boeing equivalent in other operating parts). recommended recording at 4 Hz. a study done by the FAA and NASA. Embraer suggested the 16 Hz 2. 16 Hz Requirement—Applicability The study clearly shows that critical recording rate will require a substantial Four commenters (Bombardier, control surface position data can be lost amount of data memory capacity on Dassault, Embraer and Honeywell) at the lower sampling rates, and that it DFDRs that may not be available. This recommended that any requirement to is true for all aircraft. The final rule would result in the removal of some increase sampling rates apply only to requirement for an 8 Hz recording rate recorded parameters or installing new new aircraft type certification programs, will apply to all newly manufactured DFDRs having more data memory. rather than newly manufactured aircraft. aircraft. Embraer proposed the FAA require a Bombardier noted that a sampling 3. 16 Hz Requirement—Other recording rate of 8 Hz, or the maximum interval of 0.0625 seconds (16 Hz) Comments sensor output frequency, whichever is would require a major redesign of less. existing equipment from the data source The NTSB expressed disappointment The FAA appreciates the detailed through data concentrator units to the that the proposed increase in the comments received on this subject. We FDR. None of the current equipment on sampling rate does not address existing have reconsidered the proposal and Bombardier’s products was designed to aircraft, as called for in NTSB agree that a 16 Hz recording rate, while process data at 16 Hz. Bombardier Recommendation A–03–49. desirable, is not practicable for most contended the cost estimates in the As discussed in the NPRM, the FAA installations. We remain convinced that NPRM severely underestimated the was unable to justify the substantial existing recording rates for certain equipment redesign costs and the economic burden that would be primary flight controls are lagging subsequent test and certification costs. imposed on current operators to apply behind available technology and that a These extensive changes would require this as a retrofit requirement. As change is necessary. Therefore, in the more than two years to develop and detailed by the commenters, it is final rule, the new recording rate is 8 Hz certify. anticipated that it could be a significant for specified parameters on aircraft Dassault stated the proposed 16 Hz burden to incorporate into newly manufactured two years after this final requirement could require a complete manufactured aircraft, much less as a rule. This rate will sufficiently increase electrical and mechanical modification, retrofit to much older aircraft whose the reliability of the data received and and result in a recertification of the recording systems and source will not require any modifications to the entire DFDR installation. In addition, equipment are not equipped to record at systems that provide the parameter data Dassault noted that a 16 Hz sampling the higher proposed rate. While we to the DFDR system. For some newly rate is too high for flight controls and recognize the benefits of increasing the manufactured airplanes, additional adds no value. sampling rates of flight control recorder capacity may be required, but Embraer stated that, on some of its parameters on existing aircraft, we are the source equipment will remain as is airplanes, neither the force sensors for unable to quantify that benefit or installed today. the flight controls nor the data balance it against the costs. The NTSB

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12549

has not provided us with data that do not define the message set, we do not • Record ‘‘flight deck datalink would change this conclusion. foresee an instance in which a DLC communications’’ rather than ‘‘all’’ to An individual commented that the system certificated under the eliminate the recording of navigation, proposed language ‘‘the sampling regulations proposed by the JAA would surveillance and maintenance, and interval per second is 16’’ for footnote not be in compliance with our cabin and passenger communications. 5 of Appendix E to part 91 is requirement as proposed. • Not require the recording of flight ambiguous. The commenter In response to the JAA’s Notice of deck crew interaction, including cabin recommended changing this to ‘‘the Proposed Amendment (NPA), the FAA terminal messages, maintenance minimum sampling rate is 16 samples has sent several comments concerning computer messages, engine condition per second’’ or ‘‘the maximum sampling general and specific provisions of the monitoring messages, or atmosphere/ interval is .0625 second.’’ proposal. We acknowledge that the two wind reports. The proposed language is consistent proposals are not harmonized, and we • Limit recording to communications with industry practice and the footnotes believe the scope of the current NPA between aircraft and air traffic control already in Appendix E to part 91 and would result in significant costs on via the air traffic network. • the other applicable flight recorder some operators without a resulting Record all DLCs sent and received appendices that have been in use for safety benefit. We have asked that regardless of their content or format, or years. No change was made based on several technical issues be clarified, whether they are ‘‘approved message this comment. including parts of ED–112 and whether sets;’’ this would be the least restrictive the regulation would apply to aircraft to implement and provide the most L. 25-Hour Recorder with ACARS only. We will continue information to investigators. • Eurocopter stated the proposed working with the JAA (and the Place the definition of ‘‘approved increased duration for DFDR recording European Aviation Safety Agency data message set’’ in part 121 (and parts in § 91.609(c)(3) (25 hours) should not (EASA) when it assumes responsibility 91, 125 and 135 as appropriate), similar for this issue from the JAA) to make the to the current FDR parameters. be applied to rotorcraft, based on its • experience that rotorcraft missions do regulations more compatible but will Make the definition of approved not exceed 10 hours. not delay the issuance of this rule since message sets flexible to respond to Based on its experience in our rule is more performance-based and changes in technology, such as higher investigating aircraft accidents and less dependent on the resolution of bandwidth. incidents, the NTSB determined that an individual technical issues. The types of messages and the content FDR duration of 25 hours would address The International Air Transport of those messages that will be recorded many of the issues it has faced. The Association (IATA) stated that before will be determined during certification FAA has chosen to make the 25-hour the United States proposes a DLC of the DLC system. The rule language is DFDR recording retention standard for recording requirement, the International performance-based, with the intent that all new aircraft. As the commenter Civil Aviation Organization (ICAO) system design would be driven by noted, increased recording time is a should take the lead to substantiate the customer needs and regulatory matter of memory, and is not a technical datalink recording requirements and compliance. The ‘‘approved message challenge. While we acknowledge provide clear guidance on the data that set’’ will be comprised of the messages Eurocopter’s suggestion that regulations needs to be recorded (including its provided by the system being installed, for fixed-wing aircraft and rotorcraft relevance to accident investigation). The and will be determined by certification might have different goals, we believe IATA stated that industry cannot personnel. Concurrent with the that the issue of recording time should address the desired architecture for all publication of this rule, we are be maintained as a standard regardless aircraft types until these two issues are publishing a Notice of Availability of of aircraft type. We have no data to resolved. Advisory Circular, AC 20–160. The AC suggest that recording time needs be Since no specific message set is identifies Controller-Pilot Datalink specific to aircraft type or operation, required, we consider our regulation to Communications (CPDLC) as one set of and believe that standardization makes be adaptable to ICAO or the JAA’s messages that are anticipated to be the regulations less complicated and proposed requirements at the time an included in the required message set. less expensive by using the same aircraft is certificated. We do not believe An example of a CPDLC message set can available equipment. it is in anyone’s interest to wait for also be found in ICAO Document 4444 another international standard to be ‘‘Air Traffic Management Procedures for M. Datalink Communication (DLC) settled before recording is required, and Air Navigation Services’’, Appendix 5. 1. International Compatibility we built the described flexibility into However, we anticipate that as new our standard. datalink systems and capabilities are Three commenters, Airbus, Boeing developed, the message sets of that 2. Definitions of DLCs and Approved and an individual, noted that the Joint equipment will evolve and will need to Message Sets Aviation Authorities (JAA) is also be evaluated to determine which parts preparing a regulation on DLC recording Thirteen commenters addressed the need to be recorded to comply with the and requested that the FAA ensure the issue of what DLCs should be recorded regulations. A rule that requires U.S. regulations are harmonized with and what would constitute an approved approval at certification anticipates this the JAA’s. They expressed concern that message set. These commenters evolution without creating regulatory as proposed, the regulations are criticized the proposed requirement to lists that cannot be changed as quickly incompatible. record ‘‘all datalink communications’’ as the technology develops and thus The FAA believes the proposed DLC as open to interpretation, ambiguous hinders system evolution and recording regulation is compatible with and poorly defined. These commenters improvements. the DLC regulations proposed by the sought clarification and requested that JAA. The proposed rule is designed to clear guidance material be available 3. Compliance Time be performance-based, with the message when the final rule is published. A The NTSB objected to the proposed set to be recorded and approved at the sampling of the comments on DLC requirement to record DLCs two years time of aircraft certification. Since we message sets includes suggestions to: after datalink equipment is installed.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12550 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

The NTSB failed to see the reason for many aircraft have the equipment, but it economic impact by allowing it to be the delay when the installed is not enabled or used. introduced during the aircraft design communications equipment should The requirement for recording DLC is process. have the capability of outputting the determined when the DLC system is • Most DLC applications are related required datalink messages to the voice installed and certified. If the system is to air traffic control, are still evolving, recorder at the time of installation. installed and certified before April 7, and are not yet sufficient to replace the The NTSB’s interpretation of the 2010, there is no requirement for those aircraft/controller voice communication proposed requirement is incorrect. The systems to record messages. If the DLC entirely or to supplement voice requirement is to record DLCs on any system is installed and certified (at communication as planned. • aircraft on which DLC equipment is manufacture or by retrofit) after April 7, Current DLC systems cannot voluntarily installed beginning two 2010, the DLC system must be examined support recording functions without years from the effective date of the final to determine whether its message set significant upgrades or replacement rule. For the first two years after the installed at the time must be recorded. with newer systems. The aircraft effective date of the final rule, DLC The messages that must be recorded modifications required would equipment can be installed on aircraft become the approved message set for significantly exceed the expenses for regardless of whether the messages can that installation. If a provisional changing the CVR and wiring only. be recorded. However, beginning two (inactive) system is installed and The FAA recognizes these concerns, years from the date of the final rule, certificated before April 7, 2010, and but we continue to believe that the two DLC messages must be recorded as of requires no further certification when year applicability in the rule provides the date of equipment installation or the system is activated, then there is no the best balance of compliance time and certification, whether the equipment is recording requirement for that system technological development. If an installed as a retrofit or at new even if the activation occurs after two operator cannot justify the expense of a certification. years. However, a change in such a recording system for a new DLC installation, then it is because the Northwest requested that, for newly system (especially a change to the benefits of having the system will be manufactured aircraft, the compliance message set being used) may trigger the outweighed. This is why we tied the date be extended to the 2010–2012 requirement to record as though the requirement to the voluntary timeframe rather than two years after whole system were a new installation installation of DLC systems. The the final rule. Northwest stated that under the regulation. recording requirement remains the same more time is needed to approve the 5. Datalink Recording Requirement as proposed—that new installations (at different message sets that will be used Applicability certification or on retrofit) of datalink by air carriers and to create the required Several commenters (ATA, AirTran, accomplished two years after the ground infrastructure. Airbus, Boeing and RAA) suggested that compliance date must be recorded. While developing the NPRM, the FAA the applicability of the datalink considered the factors listed by recording requirement be changed or 6. Technical Issues Northwest, but determined that two that the requirement be completely An individual commenter questioned years from the effective date of the final withdrawn. The ATA proposed that on- the amount of memory needed to meet rule is sufficient for airframe and board recording of datalink the two-hour DLC recording recorder manufacturers to develop communications ‘‘only apply to new requirement. This commenter noted the compliant systems for the DLC (datalink system) installations on amount of data that could theoretically recording requirement, especially since aircraft in production.’’ Airbus be received in two hours will increase installation remains optional. No other concurred with the requirement for as developments in DLCs are deployed. comments were received indicating this newly manufactured aircraft, but Therefore, an agreed methodology (for time period is insufficient. We also note requested that the requirement for formatting and storing messages in that the topic has been under recording messages from newly memory) will be needed to support consideration internationally for years. installed systems on existing aircraft be certification. 4. Existing DLC Capability delayed until 2010. The RAA requested Smiths concurred with the proposed that ‘‘the proposal to retrofit airplanes rule, and noted the capacity of DLCs to Japan Air Lines (JAL) requested for recording datalink messages also be be recorded is dependent on the aircraft clarification on the applicability to withdrawn.’’ Boeing commented that system design (such as an ARINC 429 airplanes equipped with DLC ‘‘[T]he appropriate point to introduce databus or AFDX network). Smiths equipment before the 2-year date, in onboard recording is at a new airplane expressed concern that too many order to properly estimate the type certification program or, for messages to be recorded could exceed anticipated financial impacts and effects existing production models, at a major the capacity of the allocated 2-hour on production and maintenance. upgrade to the next generation of recording partition. Similarly, AirTran requested the final datalink communications, such as To meet current recorder rule specify that aircraft that are DLC- FANS 2 or equivalent.’’ The requirements, recorder manufacturers equipment capable, but have never had commenters provided the following have developed procedures to calculate it fully installed, are not subject to the reasons in support of withdrawing the the necessary memory requirements recording requirements. AirTran also requirement or changing the proposed depending on system design and requested that the recording recording applicability: installation. Therefore, the FAA has no requirement not apply to airplanes on • High costs of incorporation would reason to believe these manufacturers which DLC is installed ‘‘post delivery’’ delay and/or prevent the installation will be unable to determine the amount or it will deter installation of DLC and use of DLCs, diminishing the safety of memory needed to meet the two-hour equipment. benefits associated with datalink DLC recording requirement. Boeing stated the regulation should operations, and the benefits of reduced The NTSB noted that adding a require datalink recording only if DLCs separation and increased traffic. properly placed cockpit video camera are used operationally, rather than if • Incorporation during a new type would allow DLCs displayed to the crew DLC equipment is installed, noting that certification program lessens the to be recorded on the video image

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12551

recorder. Since the use of video audio signals be the same for all part 23 We also discovered that providing technology would not require any and part 25 aircraft regardless of consistent language throughout the modifications to an aircraft’s operating part. No comments were operating parts could be more communication or display systems, the received on this portion of the NPRM, complicated and confusing than NTSB stated that this approach to and the proposal is adopted without warranted by the minor inconsistencies recording DLCs might greatly reduce the change. that now exist. Questions of compliance time and expense of retrofitting older time, applicability to aircraft of certain aircraft. O. Checklist-to-Checklist Requirement age, and the differences in the Our NPRM did not propose the The FAA proposed language to construction of the operating parts have installation of cockpit video cameras standardize across all operating parts caused us to decide not to adopt the and our regulatory evaluation did not when CVRs must be in operation. This proposed language. Since we never include their use in cost estimates or is known as the ‘‘checklist to checklist’’ intended to change how CVRs operate, benefits analysis, nor has the use of requirement. the decision to leave the current cockpit video been proposed for public Five commenters, ATA, Boeing, language in the rules is not expected to or industry comment. The issue of Dassault, Northwest, and one have any negative effects. Where new cockpit video is unsettled and would individual, said the proposed language applicability paragraphs are being dramatically delay the implementation was confusing. The ATA and one adopted, they will use the same of DLC recording standards that are individual commenter noted the checklist language as had been used already being developed internationally. proposed wording could require previously in that part. The FAA is not adverse to certification changes to existing CVRs from ones that We received a considerable number of of an image recorder system that meets operate once electrical power is applied comments regarding specific operation the operational requirements of this to the respective power supply bus, to of CVRs under the proposed checklist to rule, but no image recording system will ones that can be switched ‘‘on’’ or ‘‘off’’ checklist requirement. Since we have be mandated to comply with DLC by the flight crew when the checklist is decided not to include the proposed recording requirements. used. change in the final rule, we are not including any discussion of those 7. TSO for DLC Northwest stated that while most of its aircraft appear to meet the intent of comments. Bombardier recommended that a TSO this language, the proposed language for CVRs with datalink recording P. Deployable Recorders—Request for could require an automatic shutoff of Comments capability be prepared and released for the CVR on completion of the final comment with any proposed operating In the NPRM, the FAA sought checklist. Since some CVR systems stop comments and information about the rule mandating the use of TSO approved the CVR five minutes after final engine equipment where DLC recording is feasibility of and specifications for a shutdown, this situation would require deployable flight recorder system. We required. a costly retrofit. Northwest added that The FAA has issued TSO-C176 which received 12 comments in response to any such requirement should not be identifies the minimum performance this request. Eight commenters (ALPA, effective at the adoption of the final standards for a Crash Protected Datalink DRS Technologies (DRS), Hall and rule, since changes may take longer to Recorder. The TSO is based on Associates, LLC (Hall), National Air implement. EUROCAE minimum performance Disaster Alliance/Foundation (NADA/ standards document ED–112. Our TSO Boeing proposed changing the F), Representatives John J. Duncan, Jr. allows the certification of a stand-alone language to clarify that the goal is a and William J. Pascrell, Jr. in a joint recorder or a recorder that combines this minimum recording time as described. submission, and Representatives Harold function with other recorder functions Boeing also suggests a longer Rogers and David Price in a joint (DFDR, CVR). compliance time. It inferred the intent submission) supported the use of The ALPA disagreed with the of the proposal is to record cockpit deployable recorder systems. These proposal to record two hours of DLCs voice communications as soon as commenters cited a number of reasons and recommends they be recorded for possible before the flight and as long as for supporting deployable flight the entire duration of flight. The ALPA possible after the flight. recorders, including: stated that the importance of DLCs to an The FAA reviewed the proposed • Since fixed and deployable investigation makes it imperative that language and agrees with the recorders have different survivability these communications be captured for commenters that a change in the current characteristics, the use of both types the entire duration of flight. The language could cause undue confusion. would provide maximum redundancy commenter believed this would most It was never our intent to change the and improve the odds of recovering easily be accomplished by recording current operation of CVRs. In preparing complete, undamaged recorders for data these communications on the FDR. the NPRM, we found the existing analysis. Since the duration of any particular regulations on CVR start/stop criteria • Deployable system technology flight is variable, the FAA has lacked consistency between operating could dramatically reduce the time and established a minimum DLC recording parts. We were trying to address this cost to locate and recover recorders. duration of at least two hours to match issue by proposing a single standard • The expansion of aviation practices the requirement for the CVR. Ground that specified the minimum time period such as the production of larger aircraft, stations also record CPDLC messages, so for CVR operation (checklist-to- increasing numbers of flights, increased any messages that occur outside of the checklist). CVR operation was not polar and over water flights, and the 2-hour minimum could be retrieved intended to be limited to this minimum onset of free flight, present new from a ground source. time period, and existing CVR systems demands on investigators and would not need to be modified to run compound the need for immediate N. Recordation of Cockpit only during this minimum time period access to better information. Communication or Audio Signals if their current operation had them • The time savings associated with The NPRM proposed that the starting sooner or ending later than the recovery would have a dramatic affect expansion of the recordation of cockpit proposed criteria. on the U.S. economy. Since September

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12552 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

11, 2001, an airline crash without a Q. Miscellaneous Comments reliable flight information at an known cause is more likely to cause the acceptable cost. 1. Applicability traveling public to lose faith in the air Finally, Radiant did not provide any transportation system, costing the U.S. Four commenters (Boeing, Radiant criteria for determining what a economy billions of dollars. and two individuals) suggested changes ‘‘reasonable service life remaining’’ • Current recorder standards no to the general applicability of the would be, nor its proposed ‘‘foreseeable longer meet safety and security needs, proposed rule. Boeing stated that all future in commercial aviation.’’ As where heightened security threats aircraft operating in the U.S. should be such, we have no response. Radiant’s demand that officials have complete subject to the proposed requirements. proposed cutoff date (‘‘airplanes that are information as quickly as possible to Boeing noted that accidents and still being produced as of December 31, determine the cause of a crash. incidents involving non-U.S.-registered 2005’’) would exclude several popular aircraft (such as EgyptAir 990) have aircraft models from the final rule, Five commenters (Boeing, IATA, been the subject of FAA and NTSB including the Boeing 757 and 737 Northwest and two individuals) did not investigations, and stated that the ‘‘Classic,’’ and all McDonnell Douglas support the use of deployable recorder additional data gained from airplanes. These airplanes are expected systems for several reasons, including: investigations involving these aircraft • to remain in the U.S. fleet in large Since existing recording systems would be just as useful as in data gained numbers for many years. Radiant’s provide enough data and are protected during investigations of U.S.-registered proposed date would also exclude seven from all but the most extreme crash aircraft. of the eight aircraft models involved in conditions, it is doubtful that a Two individual commenters the incidents/accidents cited in the deployable flight recorder would suggested that we expand the NTSB recommendations that are the significantly increase data survivability. applicability of the proposed rules. One basis for this rulemaking. No changes to • The survivability and recoverability recommended the rule apply to all the final rule were made based on these of the current fixed recorders is carriers, while another suggested the comments. acceptable and the costs of rule should apply to all operators and implementing deployable recorder manufacturers. 2. Harmonization systems are not balanced by sufficient In contrast, Radiant asked us to Five commenters (AIA, Airbus, benefits. restrict the final rule to aircraft with a Boeing, Bombardier and one individual) • Deployable recorder systems may ‘‘reasonable service life remaining’’ or a expressed concern that the proposal in present a safety hazard if the event of an ‘‘foreseeable future in commercial the NPRM is not harmonized with inadvertent deployment over populated aviation.’’ Radiant proposed limiting the parallel activities currently being areas or active runways, or if manual final rule to those aircraft models being considered by the JAA. These deployment distracts a flightcrew from manufactured as of December 31, 2005. commenters consider it vital that these its primary tasks during an emergency. Radiant stated this change would result regulations are harmonized or the • The safety hazards to maintenance in a modern CVR and independent affected industry could face conflicting personnel or the public from a misfire power supply being installed in most of requirements, significant compliance are considerable. the world fleet of active commercial costs and potentially complex system aircraft. designs in an attempt to satisfy two Smiths expressed neither objection to Like all countries, the FAA has different sets of regulations. The nor support for deployable recorder limited authority to require the commenters suggest that a common set systems, but said that, because of installation of particular equipment on of technical requirements be uncertain dynamics, deployable systems aircraft not on our registry but merely implemented within a similar time should be qualified to the identical flying in our airspace. frame. Since both the FAA and the JAA survivability requirements as fixed Similarly, while the NTSB plays a are proposing flight recorder changes, recorders. primary role in investigating accidents the commenters urged the FAA to use The FAA appreciates all the involving U.S.-registered aircraft, its this opportunity to harmonize the information provided in response to our role in investigations involving other requirements before promulgating a request for comments. This information countries’ aircraft is usually by final rule. is helpful and will aid us in invitation. The accident investigation The FAA continues to work with JAA understanding the technology involved, authority from the country in which the (and we will work with the European possible future applications for aircraft is registered usually leads these Aviation Safety Agency (EASA) when it deployable recorder systems, and the investigations and may ask the NTSB to takes over responsibility for this issue consequences of their design and participate. Other regulatory authorities from the JAA), ICAO and other non-U.S. installation. are free to increase the CVR/DFDR regulatory bodies to harmonize our Despite several requests, this final regulations for aircraft of their registry if regulations whenever possible, but we rule does not include a requirement for they desire. do not change our position or our deployable recorder systems. The Further, this final rule changes the regulations solely for the sake of request for comments in the NPRM was regulations in both certification parts harmonization. When we determine that made to bring the issue to the public’s (23, 25, 27, and 29) and operating parts the need exists for a certain regulation, attention. We would need significant (91, 121, 125, 129, and 135), affecting and the other regulatory agencies find amounts of information concerning anyone who is regulated by those parts. that a more stringent or lenient design and cost before we could begin While some operators were excluded requirement is appropriate, we review to properly assess such an addition. We from certain retrofit requirements their findings and will revise our will not delay the CVR and DFDR adopted here, that was done following regulation if our regulatory goals are improvements promulgated in this final considerable analysis that showed a met, an equivalent level of safety is rule while we continue our analysis of significant economic burden would be achieved, and there is no burden new technology. Deployable recorder imposed. Our analysis demonstrates imposed on the industry if a change is systems may be addressed in a future that the scope of the final rule is made. This is the approach we have rulemaking action. sufficient to meet the safety goal of more taken when drafting the NPRM and this

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12553

final rule, but we will not delay the producing airplanes with 2-hour solid out, most airframe manufacturers and timing of our rulemaking simply to state recorders, which means the aircraft operators already begin DFDR operation accommodate the continuing already comply with the rule. Removing at engine start. Therefore, the proposed consideration of issues by numerous the g-switches would be a new retrofit changes would have no effect on these other regulatory bodies. on which we have not solicited aircraft. As for the Canada Air comment, including alternative Challenger CL–600 accident cited by the 3. Definition of ‘‘Date of Manufacture’’ technologies for complying with the NTSB, this is not an example of a Dassault noted the ‘‘date of certification rule, and for which we drawback of the existing DFDR start/ manufacture’’ determines the have no cost estimates. The comments stop criteria. The manufacturer’s design applicability of certain requirements are insufficient to support the need for, to start DFDR operation once the anti- and the NPRM does not define this and do not properly estimate the scope collision (strobe) light switch is placed term. This omission could lead to of, the recommended change. No change in the ‘‘on’’ position allows operators to different interpretations and has been made to the regulations based meet the existing DFDR start/stop disagreements between operators, on this comment. criteria (as long as the switch is ‘‘on’’ manufacturers and the FAA. Therefore, 5. FDRs—Start/Stop Criteria before takeoff roll begins). The fact that Dassault recommended the FAA define the pilots of the CL–600 involved in the this term in the final rule. The ALPA recommended changing accident failed to take this step implies While we use the term ‘date of the DFDR start/stop criteria to mirror an operational error and not a design manufacture’ in several regulations, we the proposed CVR criteria for newly problem with the airplane. do not routinely define it each time. In manufactured and new certificated Finally, changing the FDR start/stop general, the date of manufacture is designs. It noted that at least one criteria was not proposed in the NPRM. usually considered the date an aircraft manufacturer has DFDR start/stop We did not perform a regulatory receives its airworthiness certificate. criteria based on the status of the evaluation of the impact of this change, There may be other circumstances that parking brake, which can adversely and no costs for implementation were modify this date, however, and we will affect the ability to obtain complete, provided by either commenter not attempt to set a strict definition for accurate or relevant DFDR data. suggesting it. Since we are unable to purposes of this rule. The NTSB proposed different DFDR support the change as necessary, we are start/stop criteria. The NTSB stated that not incorporating it in this final rule. 4. CVRs—Automatic Stop Requirement the FDR should start operating either The NTSB and Airbus recommended before engine start for the purpose of 6. DFDR Activation Switch—Request for removal of the existing requirement that flight or by an automatic means when Comments CVRs have an automatic means of engine oil pressure is sensed on any In the NPRM, the FAA requested stopping 10 minutes after crash impact. engine. The DFDR should then operate comments on the cost to retrofit a They both noted the proposal to replace continuously until termination of the switch for the flight crew to activate the the 30-minute CVR with a 2-hour CVR flight when all engines are shut down. DFDR to record at the start of the makes this requirement less important. The NTSB also requested a change to checklist. We received only one While it may seem appropriate to the airworthiness requirements in the comment in response to this request. remove a rule that was originally regulations. This change would provide Boeing asked if there was a typo in the written for short-duration recorders, for the automatic application of request (CVR rather than DFDR), as this removal of a certification rule has a electrical power to the DFDR at liftoff to subject matter is not discussed broader impact than suggested by the safeguard against the failure of any elsewhere in the NPRM. commenters. Because the 2-hour automatic or manual means of powering The request for comments on this recorder requirement is an operating the DFDR. subject was an error in the NPRM. We rule, the effect of removing a The FAA is not including the changes believe the existing regulations on certification requirement is not parallel. to DFDR start/stop criteria. There is no DFDR start/stop criteria are satisfactory. And although the 10-minute rule may historical evidence that the start/stop be considered less important, it is not functions on aircraft have interfered R. Errors and Inconsistencies in NPRM without merit and cannot be considered with accident investigations. The only Dassault noted the sampling interval unnecessary. aircraft cited by ALPA are no longer in of parameter 23 in Appendix F to part The commenters did not make a case production, so requirements for newly 135 would change from 0.5 (= 2 Hz) to that the current certification manufactured airplanes would have no 0.25 (= 4 Hz). However, the sampling requirement is burdensome, or that it is effect. We believe the existing interval for the same parameter in a hindrance or inconsistent with the regulations on DFDR start/stop criteria Appendix M to part 121 and Appendix proposed new operating requirements, are satisfactory. These regulations E to part 125 remains unchanged (0.5 only that it is less important than it once require the DFDR to operate from the (= 2 Hz)). Dassault recommended no was. The NTSB comment indicates that instant the airplane begins its takeoff change to parameter 23 in Appendix F its real concern is the use of switches roll until it has completed its landing to part 135 so it is consistent with that can be activated prematurely as a roll. We believe this standard allows the Appendix M to part 121 and Appendix means of implementing the stop criteria. DFDR to capture all the critical data E to part 125. While the NTSB suggested that from the recorded parameters during all The proposed changes to parameter gravitation accelerator switches (g- phases of flight. 23 in Appendix F were in error. No switches) can be removed at the time of In addition, neither ALPA nor the change is being made to that parameter. replacement with a 2-hour solid state NTSB indicated how their proposed Airbus and Boeing noted that recorder, their suggestion does not changes would significantly improve proposed § 129.1(b) removes the include the actual g-switch ban they the quality or quantity of information requirement that §§ 129.16, 129.32, and desire, the regulation in which that recorded, or increase the potential for 129.33 apply to operations of U.S.- change might be implemented, or the retaining important information needed registered aircraft solely outside the U.S. costs to implement it. The two largest during accident and incident Those sections refer to damage-tolerance aircraft manufacturers are already investigations. As the NTSB pointed inspections, repair assessments and

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12554 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

aging airplane requirements. Airbus and would double the sample time. Two does not contain a provision requiring Boeing assumed this omission was seconds refers to four interleaved the replacement of magnetic tape FDRs. inadvertent and recommended the FAA samples of 0.5 seconds each. The ALPA expressed concern the change § 129.1(b) to reinsert these Honeywell had two comments about FAA did not propose any new requirements. the language in § 91.609. First, requirements in response to NTSB The FAA thanks the commenters for Honeywell noted the proposed addition Safety Recommendation A–03–050 that bringing this to our attention. The of paragraphs (i), (j) and (k) and asked was issued following the Board’s proposed rule intended only to add new why there is no paragraph (h). Second, investigation of the American Airlines § 129.22 (now § 129.24) to the Honeywell asked why the phrase flight 587 accident that occurred at applicability of § 129.1(b), not to ‘‘* * * using a recorder that meets the Jamaica Bay, New York on November eliminate any existing requirements. standards of TSO–C124a, or later 12, 2001. During the investigation, the This has been corrected in the final rule. revision’’ is missing in § 91.609(c)(2) NTSB determined that the rudder (and Airbus and Boeing noted errors in when it is in § 91.609(c)(3) and other other) control surface position part 121 Appendix M, part 125 proposed similar revisions. information recorded on the DFDR was Appendix E and part 135 Appendix F In 1999, the FAA issued Notice No. filtered before it was recorded. This for the resolution of parameters 12a, 99–19 (64 FR 63140, November 18, filtering made it difficult for the NTSB 14a, 15 and 88. They stated that they 1999), which proposed to increase the to approximate the actual rudder surface believe the existing resolutions for these number of DFDR parameters required movement during the accident. The parameters are correct and were not for all Boeing 737 series airplanes. A NTSB recommended that the FAA act to meant to be changed. new paragraph (h) for § 91.609 was part remove known flight control parameter The FAA agrees. The final rule of that proposal. When this rule was filtering on three models of aircraft. In reflects the resolutions for those four proposed, the next available paragraph its comment, ALPA urged the FAA, as parameters without change. was (i). Since this final rule will publish part of this rulemaking, to consider Boeing stated the new wording in the before the 1999 proposal, the paragraphs additional DFDR modifications in ‘‘Remarks’’ column for parameter 1 in added to § 91.609 in this rule will be (h), response to the NTSB recommendation. part 121 Appendix M is unclear. Boeing (i) and (j). On July 7, 2004, the FAA hosted a noted its preference for the existing Honeywell is incorrect about public meeting to discuss the NTSB language and proposed the FAA keep it. including TSO–C124a in § 91.609(c)(2). recommendation and the issue of The published version of the NPRM Inclusion of the standard would be a filtered flight data in general. The introduced an error; the ‘‘Remarks’’ retrofit we did not intend nor estimate purpose of this meeting was to gather column was not intended to be changed the costs for. The TSO–C124a standard information from industry and other except to correct the word ‘‘second’’ to is for newly manufactured aircraft only. interested parties about current ‘‘seconds.’’ practices on processing of data as it is Boeing recommended the FAA make S. Items Not Proposed recorded on all transport airplanes. several editorial changes to part 121, Four commenters (ALPA, the NTSB Representatives from Airbus, ALPA, the Appendix M as clarifications: and two individuals) recommended the Allied Pilots Association (APA), Boeing (i) In the ‘‘Parameters’’ column for FAA add new CVR and DFDR and the NTSB each made presentations Parameter 23, insert the word ‘‘speed’’ requirements as part of this final rule. at the meeting. before ‘‘brake.’’ The ALPA requested that we require We completed our analysis of issues (ii) In the ‘‘Parameters’’ column for all newly manufactured CVRs and surrounding filtered flight data and the Parameter 19, change the word ‘‘trime’’ DFDRs to meet the underwater locator options available to us to address the to ‘‘trim.’’ beacon (ULB) security-of-attachment NTSB’s recommendation. On November (iii) In the ‘‘Resolution’’ column for standard specified in the EUROCAE 15, 2006, we published a proposed rule Parameter 26, revise the existing ED–112 document. The ALPA noted that addresses filtered flight data (71 FR wording ‘‘1 ft + 5% above 500 ft’’ to that in some recent accidents there have 66634) and this subject is being read ‘‘1 ft up to and including 500 ft, 1 been cases where the ULB has become addressed as a separate regulatory issue. ft + 5% of full range above 500 ft.’’ nearly or fully separated from the CVR Six commenters supported the use of The Parameter 23 listing is corrected or FDR memory module. a ground recording system. Five of these in the final rule. Since the Parameter 19 The ULB standard of ED–112 standard commenters (APA, AirTran, RAA and listing is correct in the 2006 Code of is included in all of the new FAA TSOs two individuals) raised this issue as part Federal Regulations, no further action is on recorders (numbers 123b, 124b, 166 of their objection to the datalink necessary. Regarding the Parameter 26 and 167). communication (DLC) proposal. These listing, Boeing presented nothing to Three commenters (NTSB, ALPA and commenters noted that ground indicate that the current text is a L3) recommended that the FAA require recording is a more cost efficient means problem or has led to misunderstanding, the replacement of magnetic tape flight of capturing DLCs since the same data and has given no reason other than its recorders in the final rule. The that will be recorded on the aircraft is preference why this should be revised. commenters noted that magnetic tape available for accident investigation at No change has been made in the final FDRs are more problematic than the receiving ground based stations. rule. magnetic tape CVRs and far less reliable These commenters see no merit in Boeing also stated that the ‘‘Remarks’’ than solid-state DFDRs. requiring DLC recording on aircraft. column for Parameter 85 should be The replacement of magnetic tape The remaining individual commenter corrected, from ‘‘0.5 second’’ to ‘‘2 flight recorders was not proposed in the suggested a ground recording system as seconds’’ because, when sampled NPRM and represents a significant an alternative to recording any data on alternately at 4-second intervals as change that is beyond the scope of the an aircraft as this would eliminate the indicated in the table, the result will rulemaking. The commenters did not loss of data during a crash. provide a sample each two seconds. provide any data on the extent of usage The FAA agrees that ground recording The commenter is misreading the or the cost of replacement, nor has the systems are a useful tool to assist in rule; the specification is correct as public (including affected operators) accident investigations. However, these published. The suggested rewording been allowed to comment. The final rule systems cannot be adopted as the

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12555

primary source of data recording. In the T. Comments on Cost/Benefit Analysis recorder’’ to clarify our intent. We past, the NTSB and other accident Empire Airlines said that the FAA’s accept Bell’s estimated cost of $100,000 investigators have encountered cost-benefit analysis did not consider per model with a recurring cost of significant problems in acquiring the cumulative economic impact of the $5,000 to the operator. The IATA ground recorded data. Liability and several operational and equipment rules commented that the airlines must carry other legal concerns have caused some the agency has issued during the last the costs of all the new requirements, private entities that perform ground two years. and that the FAA did not substantiate recording and some foreign Our regulatory evaluations estimate the benefits of the proposed changes in governments to delay the release of the cost of each rule individually. the accidents cited in the NPRM. The recorded data for long periods. The Different rules affect different parties IATA also noted that the proposed NTSB and other accident investigators and the cumulative impact on any one benefits are speculative, in that they have repeatedly expressed their desire operator would be impossible to ‘‘may result in safety benefits,’’ and thus that recorded data remain on the aircraft estimate and would not be relevant for do not justify the costs in equipment and impact on operations. because of the immediate availability of any other operator. As described in the Initial Regulatory the data once the recorders are located. An individual commented that the Evaluation, any benefits from this final Further, for ground recording systems FAA’s economic analysis did not rule are dependent upon investigating to function as intended, all countries or include the cost to re-engineer authorities gaining additional, better private entities recording data would equipment and to install the equipment quality information that they are able to need compatible systems, the for recording datalink communications use to determine the causes of future specifications for which have not been if DLC equipment is installed after the accidents with greater certainty, which proposed. There are no international compliance date. could result in safety improvements standards in place for such recording, In the Initial Regulatory Evaluation, being adopted sooner. We are unable to and we have no way of ensuring that it we estimated a cost of $762,500 the first predict with certainty whether this would happen. time a manufacturer engineers a DLC additional information will or will not The ALPA suggested we require a recording system. We estimated a cost of provide incremental benefits in the system that provides an electronic $262,500 for engineering the second investigation of any future accident or common time reference information to airplane model, presuming much of the incident. This has always been true for the CVR, the DFDR, and any other work from the first can carry over. flight recorder requirements, which by onboard recorders. They noted that, as Similarly, we estimated an engineering nature do not fit the traditional cost/ part of every accident investigation, the cost of $75,000 for each remaining benefit analysis. As always, we rely on relative timing of the CVR and DFDR model in a series. Retrofitting an aircraft the expertise of the NTSB that the events must be determined, and that it to be DLC capable would require additional information is important to is a manual, labor-intensive effort by significant engineering, while the cost of its ability to fully investigate accidents accident investigators that could engineering to record datalink and incidents as aircraft technology introduce uncertainty into the results. A communications would be a minimal evolves. system to provide electronic common extension of the overall effort with a Regarding the proposal to require 2- time reference information to the CVR resultant minimal cost. hour solid state CVRs, Northwest and DFDR would eliminate these Bell Helicopter stated that compliance commented that it would have to problems. with the ‘‘no single electrical failure modify 105 of its 30-minute solid state could disable both the CVR and DFDR’’ The NTSB viewed installing the new CVRs at a cost of $767,000 (a per requirement is open to two 2-hour CVR as an ideal opportunity to airplane cost of about $7,300) and interpretations—each of which would require all aircraft equipped with a CVR replace 15 CVRs at a cost of $180,000 (a have different cost implications. If the to also have pilot boom microphones. per airplane cost of $12,000). correct interpretation were that ‘‘No In the Initial Regulatory Evaluation, An individual asked us to consider failure of a single electrical bus shall we estimated retrofitting a 30-minute accelerometer outputs and wheel disable both the CVR and DFDR’’, it solid state CVR would cost about $8,140 rotation as required parameters. The estimates that it would cost $100,000 ($7,500 for the equipment and $640 for commenter noted that current per ‘‘application’’ to comply with the the labor). Since our estimates were accelerometer outputs are extremely rule, plus a recurring cost of based on older information, we accept noisy, making it difficult to extract approximately $5,000 to the operator. If Northwest’s estimate of $7,300 per usable data. The commenter suggested the correct interpretation is that ‘‘No airplane and have used it in the Final that recording wheel rotation is an single electrical failure external to the Regulatory Evaluation. We also excellent way of determining initial recorder, or the failure of any single estimated that it would cost $17,500 to touchdown. electrical component within a combined replace a unit, and are adopting For the balance of the issues, none of CVR/DFDR, shall disable both the CVR Northwest’s estimate for use in the Final these were included in the NPRM and and DFDR’’, Bell states that all or most Regulatory Evaluation. No other are beyond the scope of the proposed of the current recorders will be obsolete. comments on these costs were received. rule changes. The commenters did not If this occurs, ‘‘a major industry wide Northwest also described three costs submit any data on the cost of the design will be required.’’ Bell estimates it believes should be added to the suggested changes, nor have they been that costs for development of a new regulatory evaluation: (1) The cost to estimated as part of this rulemaking. recorder and TSO would be in the modify a solid-state CVR from TSO– While they may be worthy millions of dollars, recertification costs C123 to TSO–C123a; (2) The cost for considerations for future rulemaking, will be approximately $250,000 per new test equipment to download and none of the suggested changes are model, and the recurrent costs to decode additional datalink information necessary as part of the changes being operators will approach $50,000 per from the CVR; and (3) The additional adopted in this rulemaking. No changes rotorcraft to replace existing recorders.’’ routine maintenance cost, such as have been made to the final rule based As discussed previously, we have battery reconditioning, for the CVR– on these suggestions. added the phrase ‘‘external to the RIPS installed on new aircraft.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12556 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

Regarding the cost of conversion to the end of the paragraph. No change was B. Part 25—Airworthiness Standards: TSO–C123a, we contacted four of the made from the language proposed in the Transport Category Airplanes major equipment vendors, who stated NPRM. Section 25.1457, Cockpit voice that their CVRs manufactured under (3) Add a new paragraph (d)(4) recorders, is being amended to: TSO–C123 already meet the regarding a single electrical failure not (1) Add a new paragraph (a)(6) requirements of TSO–C123a, and that if disabling the CVR and DFDR. The final requiring the recordation of datalink necessary, a service bulletin could be rule adds the phrase ‘‘external to the communications. No change was made issued to re-identify the recorder. recorder’’ as requested by commenters from the language proposed in the Regarding the cost of DLC test to clarify where the failure may not NPRM. equipment, as we stated in the Initial occur. (2) Amend paragraph (d)(1) to add the Regulatory Evaluation, we believe this duration of CVR power as a sentence at (4) Add a new paragraph (d)(5) that cost would be minimal. Northwest did the end of the paragraph. No change was requires an independent power source not provide any estimated costs for this made from the language proposed in the for the CVR and the cockpit-mounted item, no other commenter raised it as a NPRM. area microphone, the capacity for cost issue, and DLC remains an optional (3) Add a new paragraph (d)(4) automatic switching to the independent installation. Accordingly, we have no regarding a single electrical failure not source, and the allowable location of the basis to change our estimates on the cost disabling the CVR and DFDR. The final power source. At the request of the of this item. rule adds the phrase ‘‘external to the Regarding additional maintenance commenters, the final rule specifies the recorder’’ as requested by commenters costs, in the Initial Regulatory duration of power as 10 +/-1 minutes, to clarify where the failure may not Evaluation we estimated that the adds the area microphone, and specifies occur. average RIPS battery would be replaced the location of the power source. (4) Add a new paragraph (d)(5) that every two years; we will continue to use (5) Add a new paragraph (d)(6) requires an independent power source that estimate in our cost calculations. requiring that the CVR be in a separate for the CVR and the cockpit-mounted We also estimated that one additional container from the flight data recorder. area microphone, the capacity for hour would be required for the CVR- No change was made from the language automatic switching to the independent RIPS system maintenance; we have used proposed in the NPRM. source, and the allowable location of the that estimate in our cost calculations in power source. At the request of the the Final Regulatory Evaluation. (6) Revise paragraph (e) by expanding commenters, the final rule specifies the Boeing stated that the total cost of all the CVR location requirements to duration of power as 10 ± 1 minutes, the proposed requirements were include the use of a combination adds the area microphone, and specifies undervalued by 20 to 35 percent. In recorder that acts as the CVR and its the location of the power source. making this statement, Boeing cites location near the cockpit. This was not (5) Add a new paragraph (d)(6) costs associated with equipment, included in the language proposed in requiring that the CVR be in a separate testing, and certification and the NPRM. Comments concerning the container from the flight data recorder. ‘‘uncertainties in the statement of work’’ use of combination recorders with an No change was made from the language such as the DLC requirements ‘‘are independent power source led to the proposed in the NPRM. driving a level of assumptions that affect addition of these provisions to clarify (6) Revise paragraph (e) by expanding potential cost outcomes.’’ these possibilities and change the We accept that Boeing’s information allowable location of the CVR. the CVR location requirements to is based on more recent information include the use of a combination Section 23.1459, Flight data recorders, recorder that acts as the CVR and its than we used for the Initial Regulatory is being amended to: Evaluation, and have revised our Final location near the cockpit. This was not Regulatory Evaluation to include this (1) Revise paragraph (a)(3) to add the included in the language proposed in estimate. No other commenters duration of DFDR power as a sentence the NPRM. Comments concerning the presented specific information at the end of the paragraph. No change use of combination recorders with an addressing this issue. was made from the language proposed independent power source led to the in the NPRM. addition of these provisions to clarify Section-By-Section Analysis (2) Add a new paragraph (a)(6) these possibilities and change the allowable location of the CVR. The following is a summary of the regarding a single electrical failure not Section 25.1459, Flight data recorders, changes to the current text of the disabling the CVR and DFDR. The final is being amended to: regulations. This summary does not rule adds the phrase ‘‘external to the (1) Revise paragraph (a)(3) to add the include the reasons for these changes recorder’’ as requested by commenters duration of DFDR power as a sentence because we have already discussed to clarify where the failure may not at the end of the paragraph. No change them as part of the above disposition of occur. comments. was made from the language proposed (3) Add a new paragraph (a)(7) in the NPRM. A. Part 23—Airworthiness Standards: requiring that the DFDR be in a separate (2) Add a new paragraph (a)(7) Normal, Utility, Acrobatic, and container from the CVR, and that a regarding a single electrical failure not Commuter Category Airplanes combination recorder may be used. If a disabling the CVR and DFDR. The final Section 23.1457, Cockpit voice combination recorder is used to comply rule adds the phrase ‘‘external to the recorders, is being amended to: with the CVR requirement and located recorder’’ as requested by commenters (1) Add a new paragraph (a)(6) near the cockpit, the aft-mounted DFDR to clarify where the failure may not requiring the recordation of datalink used to comply with this paragraph occur. communications. No change was made must also be a combination unit. The (3) Add a new paragraph (a)(8) from the language proposed in the language proposed in the NPRM was requiring that the DFDR be in a separate NPRM. changed to mirror the revised container from the CVR, and that a (2) Amend paragraph (d)(1) to add the requirement for CVRs in § 23.1457(d)(6) combination recorder may be used. If a duration of CVR power as a sentence at and (e)(2). combination recorder is used to comply

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12557

with the CVR requirement and located that combination recorders must meet E. Part 91—General Operating and near the cockpit, the aft-mounted DFDR all of the CVR and DFDR standards. Flight Rules used to comply with this paragraph Section 91.609, Flight data recorders must also be a combination unit. This D. Part 29—Airworthiness Standards: Transport Category Rotorcraft and cockpit voice recorders, is being language proposed in the NPRM was amended to: changed to mirror the revised Section 29.1457, Cockpit voice (1) Add a new paragraph (c)(2) that requirement for CVRs in § 25.1457(d)(6) recorders, is being amended to: includes the separate container and (e)(2). (1) Add a new paragraph (a)(6) requirements for CVRs and DFDRs on C. Part 27—Airworthiness Standards: requiring the recordation of datalink part 23 or part 25 airplanes. The Normal Category Rotorcraft communications. No change was made requirement to retain the last 25 hours of recorded DFDR data, which was Section 27.1457, Cockpit voice from the language proposed in the proposed in the NPRM as a retrofit, is recorders, is being amended to: NPRM. (1) Add a new paragraph (a)(6) not included. (2) Revise paragraph (d)(1) to add the (2) Add a new paragraph (c)(3), requiring the recordation of datalink duration of CVR power as a sentence at applicable to aircraft manufactured two communications. No change was made the end of the paragraph. No change was years after the effective date of this rule, from the language proposed in the made from the language proposed in the that requires compliance with all NPRM. NPRM. (2) Revise paragraph (d)(1) to add the provisions of the flight data recorder duration of CVR power as a sentence at (3) Add a new paragraph (d)(4) certification requirements in §§ 23.1459, the end of the paragraph. No change was regarding a single electrical failure not 25.1459, 27.1459, or 29.1459, as made from the language proposed in the disabling the CVR and DFDR whether applicable. The additions to these NPRM. installed as separate units or as a single sections include the power duration (3) Add a new paragraph (d)(4) combined unit. The final rule adds the requirement, the single electrical failure regarding a single electrical failure not phrase ‘‘external to the recorder’’ as requirement, and the separate container/ disabling the CVR and DFDR whether requested by commenters to clarify combination unit requirements noted in installed as separate units or as a single where the failure may not occur. the amendments to the certification combined unit. The final rule adds the (4) Add a new paragraph (d)(5) that parts. New paragraph (c)(3) also requires phrase ‘‘external to the recorder’’ as requires an independent power source that these newly manufactured requested by commenters to clarify for the CVR and the cockpit-mounted airplanes have DFDRs that retain the where the failure may not occur. area microphone, the capacity for last 25 hours of recorded information (4) Add a new paragraph (d)(5) that automatic switching to the independent using a recorder that meets the standard requires an independent power source source, and the allowable location of the of TSO–C124a, or later revision. The for the CVR and the cockpit-mounted power source. At the request of the language proposed in the NPRM was area microphone, the capacity for commenters, the final rule specifies the changed slightly for clarification; no automatic switching to the independent duration of power as 10 ± 1 minutes, substantive changes to the proposed source, and the allowable location of the adds the area microphone, and specifies requirements were made. power source. At the request of the the location of the power source. (3) The proposed revision to paragraph (e)(2) to include new commenters, the final rule specifies the (5) Add a new paragraph (h) to allow duration of power as 10 ± 1 minutes, ‘‘checklist-to-checklist’’ language is not the installation of a single combined included in this final rule. No retrofit of adds the area microphone, and specifies unit when both a cockpit voice recorder the location of the power source. this new procedure is required; the and flight data recorder are required. previous version of this language in (5) Add a new paragraph (h) to allow The language was changed to clarify the installation of a single combined paragraph (e)(2) remains in effect. that combination recorders must meet (4) Add a new paragraph (h) that unit when both a cockpit voice recorder all of the CVR and DFDR standards. and flight data recorder are required. includes the separate container The language was changed to clarify Section 29.1459, Flight data recorders, requirements for CVRs and DFDRs on that combination recorders must meet is being amended to: part 23 or part 25 airplanes. (Note that all of the CVR and DFDR standards. (1) Revise paragraph (a)(3) to add the this was proposed as paragraph (i) Section 27.1459, Flight data recorders, duration of DFDR power as a sentence because the paragraph (h) designation is being amended to: at the end of the paragraph. No change was proposed in a separate rulemaking (1) Revise paragraph (a)(3) to add the was made from the language proposed that is not yet final). This paragraph also duration of DFDR power as a sentence in the NPRM. requires transport category airplanes to at the end of the paragraph. No change meet additional recording requirements (2) Add a new paragraph (a)(6) was made from the language proposed in §§ 23.1457 or 25.1457, as proposed in regarding a single electrical failure not in the NPRM. the NPRM. The requirement to retain (2) Add a new paragraph (a)(6) disabling the CVR and DFDR whether two hours of recorded information on a regarding a single electrical failure not installed as separate units or as a single CVR that meets the requirements of disabling the CVR and DFDR whether combined unit. The final rule adds the TSO–C123a, which was proposed in the installed as separate units or as a single phrase ‘‘external to the recorder’’ as NPRM as a retrofit, is not included. combined unit. The final rule adds the requested by commenters to clarify (5) Add a new paragraph (i), phrase ‘‘external to the recorder’’ as where the failure may not occur. applicable to aircraft manufactured two requested by commenters to clarify (3) Add a new paragraph (e) to allow years after the effective date of this rule, where the failure may not occur. the installation of a single combined that requires compliance with all (3) Add a new paragraph (e) to allow unit when both a cockpit voice recorder provisions of the cockpit voice recorder the installation of a single combined and flight data recorder are required. certification requirements in §§ 23.1457, unit when both a cockpit voice recorder The language was changed to clarify 25.1457, 27.1457, or 29.1457, as and flight data recorder are required. that combination recorders must meet applicable. The additions to these The language was changed to clarify all of the CVR and DFDR standards. sections include the power duration

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12558 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

requirement, the single electrical failure hours of recorded data and meet the G. Part 125—Certification and requirement, and the separate container/ standards of TSO–C124a, or later Operations: Airplanes Having a Seating combination unit requirements noted in revision. No change was made from the Capacity of 20 or More Passengers or a the amendments to the certification language proposed in the NPRM. Maximum Payload Capacity of 6,000 parts. This paragraph also requires that Section 121.359, Cockpit voice Pounds or More; and Rules Governing newly manufactured airplanes retain the recorders, is being amended to: Persons On Board Such Aircraft last two hours of recorded information (1) Add a new paragraph (i) that Section 125.225, Flight recorders, is and that the CVR meets the requires airplanes manufactured before being amended to: requirements of TSO–C123a, or later April 7, 2010 be retrofitted with CVRs (1) Revise the title of the section to revision. These requirements are that meet the separate container say ‘‘Flight data recorders.’’ adopted as proposed, except for a requirement, retain the last two hours of (2) Add a new paragraph (j) to specify change in the paragraph designation. recorded information using a CVR that that after August 20, 2001, § 125.225 (6) Add a new paragraph (j) that meets the standard of TSO–C123a, or applies only to the aircraft models listed requires all airplanes and rotorcraft that later revision, and meet additional in § 125.226(l)(2). No change was made are required to have a CVR to record recording requirements in §§ 23.1457 or from the language proposed in the datalink communications if they install 25.1457. Four years is allowed for the NPRM. DLC equipment two years after the retrofit of these items. We are not Section 125.226, Digital flight data effective date of this rule. This adopting the checklist to checklist recorders, is being amended to add a requirement is adopted as proposed language proposed in the NPRM. We are new paragraph (m) that requires all except for a change in the paragraph adopting the same checklist to checklist newly manufactured airplanes comply designation. language as exists in other applicability with additional paragraphs of § 25.1459, (7) Appendix E to part 91, Airplane paragraphs of this section. Otherwise, and have a DFDR that retains the last 25 Flight Recorder Specifications, is being no change was made from the language hours of recorded data and meet the amended to add footnote 5 to the proposed in the NPRM. standards of TSO–C124a, or later parameter for Stabilizer Trim Position or revision. No change was made from the Pitch Control Position. No change was (2) Add a new paragraph (j) that language proposed in the NPRM, except made from the language proposed in the requires newly manufactured airplanes for the paragraph designation. NPRM. have a CVR that meets all of §§ 23.1457 Section 125.227, Cockpit voice (8) Appendix F to part 91, Helicopter or 25.1457, and retains the last two recorders, is being amended to: Flight Recorder Specifications, is being hours of recorded information using a (1) Add a new paragraph (g) that amended to add footnote 4 changing the CVR that meets the standard of TSO– requires airplanes manufactured before sampling interval for five parameters. C123a, or later revision. We are not April 7, 2010 to retrofit their CVRs to No change was made from the language adopting the checklist to checklist meet the separate container proposed in the NPRM. language proposed in the NPRM. We are requirement, retain the last 2 hours of adopting the same checklist to checklist recorded information using a CVR that F. Part 121—Operating Requirements: language as exists in other applicability meets the standard of TSO–C123a, or Domestic Flag and Supplemental paragraphs of this section. Otherwise, later revision, and meet additional Operations no change was made from the language paragraphs of § 25.1457. Four years is Section 121.343, Flight recorders, is proposed in the NPRM. allowed for the retrofit of these items. being amended to: (3) Add a new paragraph (k) that We are not adopting the checklist to (1) Revise the title of the section to requires the recordation of datalink checklist language proposed in the say ‘‘Flight data recorders.’’ communications if DLC equipment is NPRM. We are adopting the same (2) Revise paragraph (c) to change the installed two years after the effective checklist to checklist language as exists date from 1994 to 1995. date of this rule. No change was made in paragraph (a) of this section. (3) Add a new paragraph (m) to from the language proposed in the Otherwise, no change was made from specify that after August 20, 2001, NPRM. the language proposed in the NPRM. § 121.343 applies only to the aircraft Appendix M to part 121, Airplane (2) Add a new paragraph (h) that models listed in § 121.344(l)(2). No Flight Recorder Specifications, is requires newly manufactured airplanes change was made from the language amended to: have a CVR that meets all of § 25.1457, proposed in the NPRM. retains the last 2 hours of recorded (1) Revise parameter 1 to correct a Section 121.344, Digital flight data information using a CVR that meets the typographical error. recorders for transport category standard of TSO–C123a, or later airplanes, is being amended to add a (2) Revise parameters 12a, 12b, 13a, revision. We are not adopting the new paragraph (m) that requires all 13b, 14a, 14b, 15, 16, 17, and 88 to add checklist to checklist language proposed newly manufactured airplanes comply footnote 18 (proposed as footnote 20) for in the NPRM. We are adopting the same with additional paragraphs of § 25.1459, newly manufactured airplanes. Footnote checklist to checklist language as exists and have a DFDR that retains the last 25 18 changes the seconds per sampling in paragraph (a) of this section. hours of recorded information and meet interval to 0.125 for these parameters Otherwise, no change was made from the standards of TSO–C124a, or later and prohibits alternate sampling the language proposed in the NPRM. revision. No change was made from the (interleaving). The NPRM proposed 16 (3) Add a new paragraph (i) that language proposed in the NPRM, except Hz for these parameters; the final rule requires the recordation of datalink for the paragraph designation. requires they be sampled and recorded communications if DLC equipment is Section 121.344a, Digital flight data at 8 Hz, and adds the prohibition on installed two years after the effective recorders for 10–19 seat airplanes, is interleaving samples. date of this rule. No change was made being amended to add a new paragraph (3) The NPRM publication of the from the language proposed in the (g) that requires all newly manufactured appendix included several errors in the NPRM. airplanes comply with additional resolution column; none of the current Appendix E to part 125, Airplane paragraphs of §§ 23.1459 or 25.1459, resolution percentages are being Flight Recorder Specifications, is being and have DFDRs that retain the last 25 changed. amended to:

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12559

(1) Revise parameters 12a, 12b, 13a, (2) Add a new paragraph (g), amended to add footnote 3, changing 13b, 14a, 14b, 15, 16, 17, and 88 to add applicable to certain aircraft the sampling interval on the Pilot footnote 18 (proposed as footnote 20) for manufactured two years after the Input—Primary Controls parameter for newly manufactured airplanes. Footnote effective date of this rule, that requires rotorcraft manufactured two years after 18 changes the seconds per sampling compliance with specified provisions of the date of the final rule. No change was interval to 0.125 for these parameters the cockpit voice recorder certification made to the language proposed in the and prohibits alternate sampling requirements in § 23.1457, § 25.1457, NPRM. (interleaving). The NPRM proposed 16 § 27.1457, or § 29.1457, as applicable. Appendix F to part 135, Airplane Hz for these parameters; the final rule The additions to these sections include Flight Recorder Specification, is being requires they be sampled and recorded the power duration requirement, the at 8 Hz, and adds the prohibition on single electrical failure requirement, and amended to: interleaving samples. the separate container/combination unit (1) Correct the last word of the title of (2) Revise parameter 23 to correct an requirements noted in the amendments the appendix to read ‘Specifications.’ errant reference to part 121. No changes to the certification parts. This paragraph (2) Revise parameters 12a, 12b, 13a, were made from the language proposed also requires that newly manufactured 13b, 14a, 14b, 15, 16, 17, and 88 to add in the NPRM. airplanes retain the last two hours of footnote 18 for newly manufactured (3) The NPRM publication of the recorded information and that the CVR airplanes. Footnote 18 changes the appendix included several errors in the meets the requirements of TSO–C123a, seconds per sampling interval to 0.125 resolution column; none of the current or later revision. The checklist to for these parameters and prohibits resolution percentages are being checklist language being adopted is the alternate sampling (interleaving). The changed. same language that exists in paragraphs NPRM proposed 16 Hz for these (a)(2) and (b) (2) of this section, not the H. Part 129—Operations: Foreign Air parameters; the final rule requires they language proposed in the NPRM. Carriers and Foreign Operators of U.S.- be sampled and recorded at 8 Hz, and Otherwise, no change was made to the Registered Aircraft Engaged in Common language proposed in the NPRM. adds the prohibition on interleaving Carriage (3) Add a new paragraph (h), that samples. Section 129.1, Applicability, is being requires all airplanes or rotorcraft that (3) The NPRM publication of the amended to revise paragraph (b) to add are required to have a CVR to record appendix included several errors in the new § 129.24 (proposed as § 129.22) to datalink communications if DLC resolution column; none of the current the applicability. The NPRM equipment is installed two years after resolution percentages are being inadvertently omitted several section the effective date of this rule. No change changed. references from this paragraph and did was made to the language proposed in (4) The NPRM introduced several not account for other changes that had the NPRM. errors to the proposed change to been made to § 129.1. The only change Section 135.152, Flight recorders, is being adopted is the added reference to amended to: parameter 23; parameter 23 is not being § 129.22 on CVRs. (1) Add a new paragraph (l) that changed. Section 129.24 (proposed as § 129.22), requires separate containers for CVRs Paperwork Reduction Act Cockpit voice recorders, is being added. and DFDRs on airplanes, and allows for This section requires that airplanes combined recorders on rotorcraft. Information collection requirements operated under part 129 be equipped (2) Add a new paragraph (m) that associated with this final rule have been with an approved CVR that meets the requires that newly manufactured approved previously by the Office of standards of TSO–C123a, or later airplanes have a DFDR that meets Management and Budget (OMB) under revision, and record the information additional provisions of the flight data the provisions of the Paperwork that the airplane would be required to recorder certification requirements in Reduction Act of 1995 (44 U.S.C. record if it were operated under part §§ 23.1459, 25.1459, 27.1459, or 3507(d)), and have been assigned OMB 121, 125, or 135, using the compliance 29.1459, as applicable. The additions to Control Number 2120–0700. times for the applicable part. No change these sections include the power was made from the language proposed duration requirement, the single International Compatibility electrical failure requirement, and the in the NPRM. In keeping with U.S. obligations separate container/combination unit under the Convention on International I. Part 135—Operating Requirements: requirements noted in the amendments Commuter and On Demand Operations to the certification parts. New paragraph Civil Aviation, it is FAA policy to and Rules Governing Persons On Board (m)(2) also requires that these newly comply with International Civil Such Aircraft manufactured airplanes have DFDRs Aviation Organization (ICAO) Standards Section 135.151, Cockpit voice that retain the last 25 hours of recorded and Recommended Practices to the recorders, is amended to: information using a recorder that meets maximum extent practicable. The FAA (1) Add a new paragraph (f) that the standard of TSO–C124a, or later has reviewed the corresponding ICAO includes the separate container revision. No change was made to the Standards and Recommended Practices requirements for CVRs and DFDRs on language proposed in the NPRM. and has identified the following part 23 or part 25 airplanes. This Appendix C to part 135, Helicopter difference: ICAO Annex 6, section paragraph also requires transport Flight Recorder Specifications, is being 6.3.1.5.1, calls for recording all datalink category airplanes to meet additional amended to add footnote 4, changing communication messages, including recording requirements in §§ 23.1457 or the sampling interval for five parameters controller-pilot datalink 25.1457, as proposed in the NPRM. The for rotorcraft manufactured two years communications, on all aircraft by requirement to retain two hours of after the date of the final rule. No January 1, 2007. The FAA is not recorded information on a CVR that change was made to the language requiring the retrofit of datalink meets the requirements of TSO–C123a, proposed in the NPRM. communication recording equipment on which was proposed in the NPRM as a Appendix E to part 135, Helicopter aircraft. The FAA intends to file a retrofit, is not included. Flight Recorder Specifications, is being difference with ICAO.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12560 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

Regulatory Evaluation, Regulatory Has benefits that justify its costs, (2) is • It costs $19,900 to change from a Flexibility Determination, International not an economically ‘‘significant magnetic tape CVR to a 2-hour solid Trade Impact Assessment, and regulatory action’’ as defined in section state CVR. The change will result in an Unfunded Mandates Assessment 3(f) of Executive Order 12866, (3) is annual operational and maintenance ‘‘significant’’ as defined in DOT’s cost reduction of $910 for these Changes to Federal regulations must Regulatory Policies and Procedures; (4) airplanes. undergo several economic analyses. will not have a significant economic • It costs $8,140 to change from a 30- First, Executive Order 12866 directs that impact on a substantial number of small minute memory solid state CVR to a 2- each Federal agency shall propose or entities; (5) will not create unnecessary hour solid state CVR. adopt a regulation only upon a reasoned obstacles to the foreign commerce of the • determination that the benefits of the The maximum cost for a future United States; and (6) will not impose production commercial airplane is intended regulation justify its costs. an unfunded mandate on state, local, or Second, the Regulatory Flexibility Act $10,020 for RIPS, for recording DLC, tribal governments, or on the private and for the DFDR changes. Annual of 1980 (Pub. L. 96–354) requires sector by exceeding the threshold agencies to analyze the economic increased operational and maintenance identified above. These analyses are costs are $1,400. impact of regulatory changes on small summarized below. entities. Third, the Trade Agreements • The cost of RIPS for a future Act (Pub. L. 96–39) prohibits agencies A. Total Costs and Benefits of This Rule production large helicopter is $3,840. from setting standards that create The undiscounted cost of this rule is Annual increased operational and unnecessary obstacles to the foreign $239 million ($169 million in present maintenance costs are $1,300. commerce of the United States. In value terms at a discount rate of 7 • The maximum cost for a future developing U.S. standards, this Trade percent and $206 million in present production business jet is $8,520 for Act requires agencies to consider value terms at a discount rate of 3 RIPS, for recording DLC, and for the international standards and, where percent). This rule adopts certain NTSB DFDR changes. Annual increased appropriate, that they be the basis of recommendations and is in response to operational and maintenance costs are U.S. standards. Fourth, the Unfunded the Swissair 11 and Alaska Airlines 261 $1,000. Mandates Reform Act of 1995 (Pub. L. accidents. The following discussion • Cost of aviation fuel is $1.60 per 104–4) requires agencies to prepare a provides more detailed cost and benefit gallon. written assessment of the costs, benefits, information: • The primary sources for this and other effects of proposed or final B. Who Is Affected by This Rule information are: (1) Industry responses rules that include a Federal mandate to a 2002 FAA survey and (2) public likely to result in the expenditure by Manufacturers of aircraft type comments we received in response to State, local, or tribal governments, in the certificated under parts 23, 25, 27 and the NPRM. aggregate, or by the private sector, of 29, and operators of aircraft operated $100 million or more annually (adjusted under parts 91, 121, 125, 129 and 135. D. Costs of This Rule for inflation from the base year of 1995). C. Assumptions and Standard Values Since the publication of the notice we This portion of the preamble • Period of analysis is 2007–2017. have learned that almost all of the summarizes the FAA’s analysis of the • Discount rates are 7 percent and 3 manufacturers have been installing the economic impacts of this final rule. We percent. newer equipment that was proposed suggest readers seeking greater detail • Burdened labor rate for an aviation and operators have been retiring older read the full regulatory evaluation, a engineer is $125 an hour. aircraft. As Table 1 shows, the costs copy of which we have placed in the • Burdened labor rate for an aviation estimated in this final rule are docket for this rulemaking. mechanic is $85 an hour. significantly less (approximately $90 In conducting these analyses, the FAA • Number of airplanes to be million) than we estimated in the has determined that this final rule: (1) retrofitted is 7,575. NPRM.

TABLE 1.—SIGNIFICANT DIFFERENCES IN ASSUMPTIONS AND PARAMETERS USED FOR THE RULE AND FOR THE PROPOSAL

Assumption/parameter Final rule Proposal

Present Value (7%) of Total Costs ...... $169 ...... $256 Time Frame for Analysis ...... 11 Years (2007–2017) ...... 20 Years (2003–2022). Part 121 Airplanes: Number of Magnetic Tape CVRs to be replaced ...... 2,941 ...... 5,904 Number of 30-Minute Memory Solid State CVRs to be replaced ...... 4,634 ...... 3,741 Number of Production Airplanes with 30-Minute Memory Recorders ...... 394 ...... 13,658 Percent of All Production Airplanes with 30-Minute Memory Recorders ..... 10% ...... 100% Cost of Increased Memory/2 hours ...... $1,500 ...... $3,500 Need RIPS (number of aircraft) ...... 3,935 ...... 13,658 Cost of RIPS ...... $4,180 ...... $2,820 Record CPDLC (number of aircraft) ...... 1,181 ...... 13,658 Percent that will Record CPDLC ...... 20% ...... 100% Increased FDR and DFDAU Capacity ...... 3,935 ...... 13,658 Large Production Helicopters: Number of Production Helicopters with 30-Minute Memory CVRs ...... 0 ...... 1,337 Need RIPS (number of aircraft) ...... 259 ...... 1,337 Record CPDLC (number of aircraft) ...... 0 ...... 1,337 Business Jets: Number of Production Business Jets for which costs were estimated ...... 3,575 ...... 0 Miscellaneous:

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12561

TABLE 1.—SIGNIFICANT DIFFERENCES IN ASSUMPTIONS AND PARAMETERS USED FOR THE RULE AND FOR THE PROPOSAL—Continued

Assumption/parameter Final rule Proposal

Price of Aviation Fuel ...... $1.60 ...... $0.75

E. Benefits of This Rule Agencies must perform a review to standards or engaging in related The rule increases the amount and determine whether a rule will have a activities that create unnecessary quality of the information being significant economic impact on a obstacles to the foreign commerce of the recorded, which may result in new or substantial number of small entities. If United States. Legitimate domestic revised safety rules (for airplane the agency determines that it will, the objectives, such as safety, are not manufacturing or operations) or in agency must prepare a regulatory considered unnecessary obstacles. The voluntary changes to airline and pilot flexibility analysis as described in the statute also requires consideration of procedures that may produce a safer RFA. international standards and, where However, if an agency determines that appropriate, that they be the basis for fleet and operations. Although we did a rule is not expected to have a U.S. standards. The FAA assessed the not adopt all of the NTSB significant economic impact on a potential effect of this rule and recommendations concerning CVR and substantial number of small entities, determined that it responds to a DFDR modifications, we chose the section 605(b) of the RFA provides that domestic safety objective and is not course of action that maximizes safety the head of the agency may so certify considered an unnecessary barrier to benefits relative to compliance costs. and a regulatory flexibility analysis is trade. F. Alternatives Considered not required. The certification must include a statement providing the I. Unfunded Mandates Assessment We modified the proposed rule based factual basis for this determination, and The Unfunded Mandates Reform Act on the comments. In particular, unlike the reasoning should be clear. of 1995 (Pub L. 104–4) (the Act) is the proposed rule, the final rule does The FAA believes that this final rule intended, among other things, to curb not require part 91 operators to retrofit will not have a significant impact on a the practice of imposing unfunded their airplanes. The proposed retrofit of substantial number of entities for the Federal mandates on State, local, and a 2-hour CVR would have affected following reasons: tribal governments. Title II of the Act approximately 15,000 airplanes at a The rule affects manufacturers of part requires each Federal agency to prepare total cost that would have been several 23 and part 25 airplanes. For these a written statement assessing the effects hundred million dollars. Any potential manufacturers, a small entity is one of any Federal mandate in a proposed or benefits would be far outweighed by with 1,500 or fewer employees. No final agency rule that may result in the these costs. manufacturer of part 23 or part 25 expenditure of $100 million or more We had proposed new sampling aircraft that could be affected by these (adjusted annually for inflation) by frequencies of 16 times per second for operational regulations (turbine State, local, and tribal governments, in 9 flight control parameters; the final rule powered aircraft with 10 or more seats) the aggregate, or by the private sector; requires sampling at 8 times per second. has fewer than 1,500 employees. such a mandate is deemed to be a Manufacturers commented that some The rule also affects all operators of ‘‘significant regulatory action.’’ The entire DFDR systems would need to be airplanes with 10 or more seats FAA currently uses an inflation- re-engineered at a potential cost of operating under parts 91, 121, 129, and adjusted value of $128.1 million in lieu millions of dollars per aircraft model. 135. Some of these operators are small of $100 million. Further, recording parameters at 16 entities that must retrofit their airplanes. This rule does not contain such a times per second would not yield The cost to retrofit an individual mandate. The requirements of Title II do comparatively better information given airplane is between $8,140 and $19,900. not apply. the costs to obtain it. We have operating revenue for 24 of the Executive Order 13132, Federalism G. Regulatory Flexibility Determination 46 small air carriers affected. Of these 24 small air carriers, the maximum one- The FAA has analyzed this final rule The Regulatory Flexibility Act of 1980 time cost will be 0.71 percent of 2005’s under the principles and criteria of (Pub. L. 96–354) (RFA) establishes ‘‘as a revenue for one airline and for the Executive Order 13132, Federalism. We principle of regulatory issuance that remaining 23 small air carriers, the determined that this action will not agencies shall endeavor, consistent with percentage will not exceed 0.35 percent. have a substantial direct effect on the the objectives of the rule and of The FAA does not consider it a States, or the relationship between the applicable statutes, to fit regulatory and significant economic impact when total national Government and the States, or informational requirements to the scale one-time compliance costs are less than on the distribution of power and of the businesses, organizations, and one percent of a year’s revenue. responsibilities among the various governmental jurisdictions subject to Therefore, as the FAA Acting levels of government, and therefore does regulation. To achieve this principle, Administrator, I certify that this rule not have federalism implications. agencies are required to solicit and does not have a significant economic Environmental Analysis consider flexible regulatory proposals impact on a substantial number of small and to explain the rationale for their entities. FAA Order 1050.1D defines FAA actions to assure that such proposals are actions that may be categorically given serious consideration.’’ The RFA H. International Trade Impact excluded from preparation of a National covers a wide range of small entities, Assessment Environmental Policy Act (NEPA) including small businesses, not-for- The Trade Agreement Act of 1979 environmental impact statement. In profit organizations, and small (Pub. L. 96–39) prohibits Federal accordance with FAA Order 1050.1D, governmental jurisdictions. agencies from establishing any appendix 4, paragraph 4(j), this

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12562 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

proposed rulemaking action qualifies for 14 CFR Part 27 both the cockpit voice recorder and the a categorical exclusion. Aircraft, Aviation Safety. flight data recorder; (5) It has an independent power Energy Impact 14 CFR Part 29 source— The energy impact of the notice has Aircraft, Aviation Safety. (i) That provides 10 ± 1 minutes of been assessed in accordance with the electrical power to operate both the Energy Policy and Conservation Act 14 CFR Part 91 cockpit voice recorder and cockpit- (EPCA), Public Law 94–163, as amended Aircraft, Aviation safety. mounted area microphone; (43 U.S.C. 6362), and FAA Order (ii) That is located as close as 1053.1. It has been determined that the 14 CFR Part 121 practicable to the cockpit voice notice is not a major regulatory action Air carriers, Aircraft, Aviation safety, recorder; and under the provisions of the EPCA. Charter flights, Safety, Transportation. (iii) To which the cockpit voice Availability of Rulemaking Documents 14 CFR Part 125 recorder and cockpit-mounted area microphone are switched automatically You may obtain an electronic copy of Aircraft, Aviation safety. in the event that all other power to the this final rule using the Internet by: 14 CFR Part 129 cockpit voice recorder is interrupted (1) Searching the Federal either by normal shutdown or by any eRulemaking Portal (http:// Air carriers, Aircraft, Aviation safety. other loss of power to the electrical www.regulations.gov); power bus; and (2) Visiting the FAA’s Regulations and 14 CFR Part (6) It is in a separate container from Policies Web page at http:// 135 Air taxis, Aircraft, Aviation the flight data recorder when both are www.faa.gov/regulations_policies/; or safety. (3) Accessing the Government required. If used to comply with only Printing Office’s Web page at http:// The Amendment the cockpit voice recorder requirements, a combination unit may be installed. www.gpoaccess.gov/fr/index.html. I In consideration of the foregoing, the (e) The recorder container must be You may also obtain a copy by Federal Aviation Administration located and mounted to minimize the sending a request to the Federal amends parts 23, 25, 27, 29, 91, 121, probability of rupture of the container as Aviation Administration, Office of 125, 129, and 135 of Title 14, Code of a result of crash impact and consequent Rulemaking, ARM–1, 800 Independence Federal Regulations, as follows: Avenue SW., Washington, DC 20591, or heat damage to the recorder from fire. by calling (202) 267–9680. Make sure to PART 23—AIRWORTHINESS (1) Except as provided in paragraph identify the notice number or docket STANDARDS: NORMAL, UTILITY, (e)(2) of this section, the recorder number of this rulemaking. ACROBATIC, AND COMMUTER container must be located as far aft as Anyone is able to search the CATEGORY AIRPLANES practicable, but need not be outside of electronic form of all comments the pressurized compartment, and may I received into any of our dockets by the 1. The authority citation for part 23 not be located where aft-mounted name of the individual submitting the continues to read as follows: engines may crush the container during comment (or signing the comment, if Authority: 49 U.S.C. 106(g), 40113, 44701– impact. submitted on behalf of an association, 44702, 44704. (2) If two separate combination digital business, labor union, etc.). You may I 2. Amend § 23.1457 by removing the flight data recorder and cockpit voice review DOT’s complete Privacy Act period at the end paragraph (d)(3) and recorder units are installed instead of statement in the Federal Register adding a semicolon in its place, by one cockpit voice recorder and one published on April 11, 2000 (Volume revising paragraphs (d)(1) and (e), and digital flight data recorder, the 65, Number 70; Pages 19477–78) or you by adding new paragraphs (a)(6), (d)(4), combination unit that is installed to may visit http://DocketsInfo.dot.gov. (d)(5), and (d)(6) to read as follows: comply with the cockpit voice recorder requirements may be located near the Small Business Regulatory Enforcement § 23.1457 Cockpit voice recorders. cockpit. Fairness Act (a) * * * * * * * * The Small Business Regulatory (6) If datalink communication 3. Amend § 23.1459 by revising the Enforcement Fairness Act (SBREFA) of equipment is installed, all datalink section heading, by removing the period 1996 requires the FAA to comply with communications, using an approved at the end of paragraph (a)(4) and small entity requests for information or data message set. Datalink messages adding a semicolon in its place, by advice about compliance with statutes must be recorded as the output signal removing the word ‘‘and’’ after the and regulations within its jurisdiction. If from the communications unit that semicolon in paragraph (a)(5), by you are a small entity and you have a translates the signal into usable data. revising paragraph (a)(3) to read as question about this document, you may * * * * * follows, and by adding new paragraphs contact your local FAA official, or the (d) * * * (a)(6) and (a)(7) to read as follows: person listed under FOR FURTHER (1) It receives its electrical power from INFORMATION CONTACT. You may find out the bus that provides the maximum § 23.1459 Flight data recorders. more about SBREFA on the Internet at reliability for operation of the cockpit (a) * * * http://www.faa.gov/regulations_ voice recorder without jeopardizing (3) It receives its electrical power from policies/rulemaking/sbre_act/. service to essential or emergency loads. the bus that provides the maximum The cockpit voice recorder must remain reliability for operation of the flight data List of Subjects powered for as long as possible without recorder without jeopardizing service to 14 CFR Part 23 jeopardizing emergency operation of the essential or emergency loads. The flight Aircraft, Aviation safety. airplane; data recorder must remain powered for * * * * * as long as possible without jeopardizing 14 CFR Part 25 (4) Any single electrical failure emergency operation of the airplane; Aircraft, Aviation safety. external to the recorder does not disable * * * * *

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12563

(6) Any single electrical failure (iii) To which the cockpit voice requirements, a combination unit may external to the recorder does not disable recorder and cockpit-mounted area be installed. If a combination unit is both the cockpit voice recorder and the microphone are switched automatically installed as a cockpit voice recorder to flight data recorder; and in the event that all other power to the comply with § 25.1457(e)(2), a (7) It is in a separate container from cockpit voice recorder is interrupted combination unit must be used to the cockpit voice recorder when both either by normal shutdown or by any comply with this flight data recorder are required. If used to comply with other loss of power to the electrical requirement. only the flight data recorder power bus; and * * * * * requirements, a combination unit may (6) It is in a separate container from be installed. If a combination unit is the flight data recorder when both are PART 27—AIRWORTHINESS installed as a cockpit voice recorder to required. If used to comply with only STANDARDS: NORMAL CATEGORY comply with § 23.1457(e)(2), a the cockpit voice recorder requirements, ROTORCRAFT combination unit must be used to a combination unit may be installed. comply with this flight data recorder (e) The recorder container must be I 7. The authority citation for part 27 requirement. located and mounted to minimize the continues to read as follows: * * * * * probability of rupture of the container as Authority: 49 U.S.C. 106(g), 40113, 44701– a result of crash impact and consequent 44702, 44704. PART 25—AIRWORTHINESS heat damage to the recorder from fire. I 8. Amend § 27.1457 by removing the STANDARDS: TRANSPORT (1) Except as provided in paragraph CATEGORY AIRPLANES word ‘‘and’’ after the semicolon in (e)(2) of this section, the recorder paragraph (d)(2), by removing the period container must be located as far aft as I 4. The authority citation for part 25 at the end of paragraph (d)(3) and continues to read as follows: practicable, but need not be outside of adding a semicolon in its place, by the pressurized compartment, and may Authority: 49 U.S.C. 106(g), 40113, 44701, revising paragraph (d)(1) to read as not be located where aft-mounted follows, and by adding new paragraphs 44702, and 44704. engines may crush the container during I 5. Amend § 25.1457 by removing the (a)(6), (d)(4), (d)(5), and (h) to read as impact. follows: word ‘‘and’’ after the semicolon in (2) If two separate combination digital paragraph (d)(2), by removing the period flight data recorder and cockpit voice § 27.1457 Cockpit voice recorders. at the end of paragraph (d)(3) and recorder units are installed instead of (a) * * * adding a semicolon in its place, by one cockpit voice recorder and one (6) If datalink communication revising paragraphs (d)(1) and (e) to read digital flight data recorder, the equipment is installed, all datalink as follows, and by adding new combination unit that is installed to communications, using an approved paragraphs (a)(6), (d)(4), (d)(5), and comply with the cockpit voice recorder data message set. Datalink messages (d)(6) to read as follows: requirements may be located near the must be recorded as the output signal § 25.1457 Cockpit voice recorders. cockpit. from the communications unit that (a) * * * * * * * * translates the signal into usable data. (6) If datalink communication I 6. Amend § 25.1459 by revising the * * * * * equipment is installed, all datalink section heading, by removing the period (d) * * * communications, using an approved at the end of paragraph (a)(4) and (1) It receives its electrical power from data message set. Datalink messages adding a semicolon in its place, by the bus that provides the maximum must be recorded as the output signal removing the word ‘‘and’’ after the reliability for operation of the cockpit from the communications unit that semicolon in paragraph (a)(5), by voice recorder without jeopardizing translates the signal into usable data. removing the period at the end of service to essential or emergency loads. * * * * * paragraph (a)(6) and adding a semicolon The cockpit voice recorder must remain (d) * * * in its place, by revising paragraph (a)(3) powered for as long as possible without (1) It receives its electrical power from to read as follows, and by adding new jeopardizing emergency operation of the the bus that provides the maximum paragraphs (a)(7) and (a)(8) to read as rotorcraft; reliability for operation of the cockpit follows: * * * * * (4) Whether the cockpit voice recorder voice recorder without jeopardizing § 25.1459 Flight data recorders. service to essential or emergency loads. and digital flight data recorder are The cockpit voice recorder must remain (a) * * * installed in separate boxes or in a powered for as long as possible without (3) It receives its electrical power from combination unit, no single electrical jeopardizing emergency operation of the the bus that provides the maximum failure external to the recorder may airplane; reliability for operation of the flight data disable both the cockpit voice recorder recorder without jeopardizing service to * * * * * and the digital flight data recorder; and (4) Any single electrical failure essential or emergency loads. The flight (5) It has an independent power external to the recorder does not disable data recorder must remain powered for source— both the cockpit voice recorder and the as long as possible without jeopardizing (i) That provides 10 ± 1 minutes of flight data recorder; emergency operation of the airplane; electrical power to operate both the (5) It has an independent power * * * * * cockpit voice recorder and cockpit- source— (7) Any single electrical failure mounted area microphone; (i) That provides 10 ± 1 minutes of external to the recorder does not disable (ii) That is located as close as electrical power to operate both the both the cockpit voice recorder and the practicable to the cockpit voice cockpit voice recorder and cockpit- flight data recorder; and recorder; and mounted area microphone; (8) It is in a separate container from (iii) To which the cockpit voice (ii) That is located as close as the cockpit voice recorder when both recorder and cockpit-mounted area practicable to the cockpit voice are required. If used to comply with microphone are switched automatically recorder; and only the flight data recorder in the event that all other power to the

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12564 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

cockpit voice recorder is interrupted communications, using an approved powered for as long as possible without either by normal shutdown or by any data message set. Datalink messages jeopardizing emergency operation of the other loss of power to the electrical must be recorded as the output signal rotorcraft; power bus. from the communications unit that * * * * * * * * * * translates the signal into usable data. (6) Whether the cockpit voice recorder (h) When both a cockpit voice * * * * * and digital flight data recorder are recorder and a flight data recorder are (d) * * * installed in separate boxes or in a required by the operating rules, one (1) It receives its electrical power from combination unit, no single electrical combination unit may be installed, the bus that provides the maximum failure external to the recorder may provided that all other requirements of reliability for operation of the cockpit disable both the cockpit voice recorder this section and the requirements for voice recorder without jeopardizing and the digital flight data recorder. flight data recorders under this part are service to essential or emergency loads. * * * * * met. The cockpit voice recorder must remain (e) When both a cockpit voice I 9. Amend § 27.1459 by revising the powered for as long as possible without recorder and a flight data recorder are section heading and paragraph (a)(3) to jeopardizing emergency operation of the required by the operating rules, one read as follows, and by adding new rotorcraft; combination unit may be installed, paragraphs (a)(6) and (e) to read as * * * * * provided that all other requirements of follows: (4) Whether the cockpit voice recorder this section and the requirements for § 27.1459 Flight data recorders. and digital flight data recorder are cockpit voice recorders under this part installed in separate boxes or in a (a) * * * are met. (3) It receives its electrical power from combination unit, no single electrical PART 91—GENERAL OPERATING AND the bus that provides the maximum failure external to the recorder may FLIGHT RULES reliability for operation of the flight data disable both the cockpit voice recorder and the digital flight data recorder; and recorder without jeopardizing service to I 13. The authority citation for part 91 essential or emergency loads. The flight (5) It has an independent power source— continues to read as follows: data recorder must remain powered for ± as long as possible without jeopardizing (i) That provides 10 1 minutes of Authority: 49 U.S.C. 106(g), 1155, 40103, emergency operation of the rotorcraft; electrical power to operate both the 40113, 40120, 44101, 44111, 44701, 44709, cockpit voice recorder and cockpit- 44711, 44712, 44715, 44716, 44717, 44722, * * * * * mounted area microphone; 46306, 46315, 46316, 46504, 46506–46507, (6) Whether the cockpit voice recorder (ii) That is located as close as 47122, 47508, 47528–47531, articles 12 and and digital flight data recorder are practicable to the cockpit voice 29 of the Convention on International Civil installed in separate boxes or in a recorder; and Aviation (61 stat. 1180). combination unit, no single electrical (iii) To which the cockpit voice 14. Amend § 91.609 by revising the failure external to the recorder may recorder and cockpit-mounted area section heading, by redesignating disable both the cockpit voice recorder microphone are switched automatically paragraph (c) as (c)(1), and by adding and the digital flight data recorder. in the event that all other power to the new paragraphs (c)(2), (c)(3), (h), (i), and * * * * * cockpit voice recorder is interrupted (j) to read as follows: (e) When both a cockpit voice either by normal shutdown or by any recorder and a flight data recorder are other loss of power to the electrical § 91.609 Flight data recorders and cockpit required by the operating rules, one power bus. voice recorders. combination unit may be installed, * * * * * * * * * * provided that all other requirements of (h) When both a cockpit voice (c) * * * this section and the requirements for recorder and a flight data recorder are (2) All airplanes subject to paragraph cockpit voice recorders under this part required by the operating rules, one (c)(1) of this section that are are met. combination unit may be installed, manufactured before April 7, 2010, by April 7, 2012, must meet the PART 29—AIRWORTHINESS provided that all other requirements of this section and the requirements for requirements of § 23.1459(a)(7) or STANDARDS: TRANSPORT § 25.1459(a)(8) of this chapter, as CATEGORY ROTORCRAFT flight data recorders under this part are met. applicable. (c)(3) All airplanes and rotorcraft I 10. The authority citation for part 29 I 12. Amend § 29.1459 by revising the subject to paragraph (c)(1) of this section continues to read as follows: section heading, by removing the word that are manufactured on or after April ‘‘ and’’ after the semicolon in paragraph Authority: 49 U.S.C. 106(g), 40113, 44701– 7, 2010, must meet the flight data 44702, 44704. (a)(4), by removing the period at the end recorder requirements of § 23.1459, I of paragraph (a)(5) and adding ‘‘; and’’ 11. Amend § 29.1457 by removing the § 25.1459, § 27.1459, or § 29.1459 of this in its place, by revising paragraph (a)(3) word ‘‘and’’ after the semicolon in chapter, as applicable, and retain at to read as follows and by adding new paragraph (d)(2), by removing the period least the last 25 hours of recorded paragraphs (a)(6) and (e) to read as at the end of paragraph (d)(3) and information using a recorder that meets follows: adding a semicolon in its place, by the standards of TSO–C124a, or later revising paragraph (d)(1) to read as § 29.1459 Flight data recorders. revision. follows, and by adding new paragraphs (a)(6), (d)(4), (d)(5), and (h) to read as (a) * * * * * * * * follows: (3) It receives its electrical power from (h) All airplanes required by this the bus that provides the maximum section to have a cockpit voice recorder § 29.1457 Cockpit voice recorders. reliability for operation of the cockpit and a flight data recorder, that are (a) * * * voice recorder without jeopardizing manufactured before April 7, 2010, must (6) If datalink communication service to essential or emergency loads. by April 7, 2012, have a cockpit voice equipment is installed, all datalink The cockpit voice recorder must remain recorder that also—

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12565

(1) Meets the requirements of (1) Meets the requirements of equipment on or after April 7, 2010, § 23.1457(d)(6) or § 25.1457(d)(6) of this § 23.1457, § 25.1457, § 27.1457, or must record all datalink messages as chapter, as applicable; and § 29.1457 of this chapter, as applicable; required by the certification rule (2) If transport category, meets the and applicable to the aircraft. requirements of § 25.1457(a)(3), (a)(4), (2) Retains at least the last 2 hours of and (a)(5) of this chapter. recorded information using a recorder I 15. Amend appendix E to part 91 by (i) All airplanes or rotorcraft required that meets the standards of TSO–C123a, adding footnote 5 to the Stabilizer Trim by this section to have a cockpit voice or later revision. Position or Pitch Control Position, recorder and flight data recorder, that (j) All airplanes or rotorcraft required under the heading Parameters to read as are manufactured on or after April 7, by this section to have a cockpit voice set forth below. The text of footnotes 1, 2010, must have a cockpit voice recorder and a flight data recorder, that 3, and 4 is reprinted without change for recorder installed that also— install datalink communication the convenience of the reader.

APPENDIX E TO PART 91.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

1 Sampling 4 Installed system minimum interval Resolution Parameters Range accuracy (per read out (to recovered data) second) (percent)

******* Stabilizer Trim Position or Pitch Con- Full Range ...... ±3% unless higher uniquely required 1 3 1 trol Position 5. *******

1 When data sources are aircraft 3 Percent of full range. I 16. Amend appendix F to part 91 by instruments (except altimeters) of acceptable 4 This column applies to aircraft adding footnote 4 to the Collective, quality to fly the aircraft, the recording manufactured after October 11, 1991. 5 Pedal Position, Lat. Cyclic, Long. Cyclic, system, excluding these sensors (but For Pitch Control Position only, for all and Controllable Stabilator Position, including all other characteristics of the aircraft manufactured on or after April 7, 2010, the sampling interval (per second) is 8. under the heading Parameters to read as recording system), shall contribute no more Each input must be recorded at this rate. set forth below. The text of footnotes 1 than half of the values in this column. Alternately sampling inputs (interleaving) to through 4 is reprinted without change * * * * * meet this sampling interval is prohibited. for the convenience of the reader.

APPENDIX F TO PART 91.—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

Installed 1 system Sampling minimum Resolution 3 Parameters Range accuracy interval read out (to recov- (per (in percent) ered data) second) (in percent)

******* Collective 4 ...... Full Range ...... ±3 2 2 1 Pedal Position 4 ...... Full Range ...... ±3 2 2 1 Lat. Cyclic 4 ...... Full Range ...... ±3 2 2 1 Long. Cyclic 4 ...... Full Range ...... ±3 2 2 1 Controllable Stabilator Position 4 ...... Full Range ...... ±3 2 2 1

1 When data sources are aircraft PART 121—OPERATING § 121.343 Flight data recorders. instruments (except altimeters) of acceptable REQUIREMENTS: DOMESTIC, FLAG, * * * * * quality to fly the aircraft, the recording AND SUPPLEMENTAL OPERATIONS (m) After August 20, 2001, this system, excluding these sensors (but section applies only to the airplane including all other characteristics of the I 17. The authority citation for part 121 models listed in § 121.344(l)(2). All recording system), shall contribute no more continues to read as follows: other airplanes must comply with the than half of the values in this column. requirements of § 121.344, as applicable. 2 Percent of full range. Authority: 49 U.S.C. 106(g), 40113, 40119, 3 This column applies to aircraft 41706, 44101, 44701–44702, 44705, 44709– I 19. Amend § 121.344 by adding new manufactured after October 11, 1991. 44711, 44713, 44716–44717, 44722, 46105. paragraph (m) to read as follows: 4 For all aircraft manufactured on or after I 18. Amend § 121.343 by revising the April 7, 2010, the sampling interval per § 121.344 Digital flight data recorders for transport category airplanes. second is 4. section heading, by amending paragraph (c) by revising ‘‘1994’’ to read ‘‘1995’’, * * * * * and by adding new paragraph (m) to (m) All aircraft subject to the read as follows: requirements of this section that are manufactured on or after April 7, 2010,

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12566 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

must have a digital flight data recorder I 21. Amend § 121.359 by adding new must have a cockpit voice recorder installed that also— paragraphs (i), (j), and (k) to read as installed that also— (1) Meets the requirements of follows: (1) Meets the requirements of § 25.1459(a)(3), (a)(7), and (a)(8) of this § 23.1457 or § 25.1457 of this chapter, as § 121.359 Cockpit voice recorders. chapter; and applicable; * * * * * (2) Retains the 25 hours of recorded (2) Retains at least the last 2 hours of information required in paragraph (h) of (i) By April 7, 2012, all turbine recorded information using a recorder this section using a recorder that meets engine-powered airplanes subject to this that meets the standards of TSO–C123a, the standards of TSO–C124a, or later section that are manufactured before or later revision; and revision. April 7, 2010, must have a cockpit voice (3) Is operated continuously from the I 20. Amend § 121.344a by adding new recorder installed that also— paragraph (g) to read as follows: use of the checklist before the flight to (1) Meets the requirements of completion of the final checklist at the § 121.344a Digital flight data recorders for § 23.1457(d)(6) or § 25.1457(d)(6) of this end of the flight. 10–19 seat airplanes. chapter, as applicable; (k) All airplanes required by this part * * * * * (2) Retains at least the last 2 hours of to have a cockpit voice recorder and a (g) All airplanes subject to the recorded information using a recorder flight data recorder, that install datalink requirements of this section that are that meets the standards of TSO–C123a, communication equipment on or after manufactured on or after April 7, 2010, or later revision; and April 7, 2010, must record all datalink must have a digital flight data recorder (3) Is operated continuously from the messages as required by the certification installed that also— use of the checklist before the flight to rule applicable to the airplane. (1) Meets the requirements in completion of the final checklist at the I § 23.1459(a)(3), (a)(6), and (a)(7) or 22. Amend appendix M to part 121 by end of the flight. § 25.1459(a)(3), (a)(7), and (a)(8) of this revising parameters 1, 12a, 12b, 13a, chapter, as applicable; and (4) If transport category, meets the 13b, 14a, 14b, 15, 16 and 17 and 88, and (2) Retains the 25 hours of recorded requirements in § 25.1457(a)(3), (a)(4), adding footnote 18, to read as set forth information required in § 121.344(g) and (a)(5) of this chapter. below. The text of footnotes 1, 3, 4, 5, using a recorder that meets the (j) All turbine engine-powered 6, 7, and 8 are reprinted without change standards of TSO–C124a, or later airplanes subject to this section that are for the convenience of the reader. revision. manufactured on or after April 7, 2010, * * * * *

APPENDIX M TO PART 121.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

Accuracy Seconds per sam- Parameters Range (sensor input) pling interval Resolution Remarks

1. Time or relative 24 Hrs, 0 to 4095 ... ± 0.125% per hour .. 4 ...... 1 sec ...... UTC time preferred when times counts.1 available. Count increments each 4 seconds of system operation. ******* 12a. Pitch control(s) Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.5% of full range ... For airplanes that have a position (nonfly-by- accuracy uniquely planes operated flight control breakaway ca- wire systems).18 required. under pability that allows either § 121.344(f). pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 12b. Pitch control(s) Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... position (fly-by-wire accuracy uniquely planes operated systems).318 required. under § 121.344(f). 13a. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... For airplanes that have a position(s) (nonfly- accuracy uniquely planes operated flight control breakaway ca- by-wire).18 required. under pability that allows either § 121.344(f). pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 13b. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range. position(s) (fly-by- accuracy uniquely planes operated wire).418 required. under § 121.344(f).

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12567

APPENDIX M TO PART 121.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS—Continued

Accuracy Seconds per sam- Parameters Range (sensor input) pling interval Resolution Remarks

14a. Yaw control po- Full Range ...... ± 2° unless higher 0.5 ...... 0.3% of full range ... For airplanes that have a sition(s) (nonfly-by- accuracy uniquely flight control breakaway ca- wire).518 required. pability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5. 14b. Yaw control po- Full Range ...... ± 2° unless higher 0.5 ...... 0.2% of full range ... sition(s) (fly-by- accuracy uniquely wire).18 required. 15. Pitch control sur- Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.3% of full range ... For airplanes fitted with mul- face(s) position.6 accuracy uniquely planes operated tiple or split surfaces, a suit- 18 required. under able combination of inputs § 121.344(f). is acceptable in lieu of re- cording each surface sepa- rately. The control surfaces may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. 16. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.3% of full range ... A suitable combination of sur- surface(s) posi- accuracy uniquely planes operated face position sensors is ac- tion.718 required. under ceptable in lieu of recording § 121.344(f). each surface separately. The control surfaces may be sampled alternately to produce the sampling inter- val of 0.5 or 0.25, as appli- cable. 17. Yaw control sur- Full Range ...... ± 2° unless higher 0.5 ...... 0.2% of full range ... For airplanes with multiple or face(s) position.8 accuracy uniquely split surfaces, a suitable 18 required. combination of surface posi- tion sensors is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling inter- val of 0.5. ******* 88. All cockpit flight Full Range Control ± 5% ...... 1 ...... 0.3% of full range ... For fly-by-wire flight control control input forces wheel ± 70 lbs. systems, where flight con- (control wheel, Control column trol surface position is a control column, ± 85 lbs. Rudder function of the displacement rudder pedal).18 pedal ± 165 lbs. of the control input device only, it is not necessary to record this parameter. For airplanes that have a flight control breakaway capability that allows either pilot to operate the control inde- pendently, record both con- trol force inputs. The control force inputs may be sam- pled alternately once per 2 seconds to produce the sampling interval of 1.

1 For A300 B2/B4 airplanes, resolution = 6 airplanes, resolution = 2.20% 5 For A330/A340 series airplanes, seconds. (0.703°>0.064°). resolution = 1.18% (0.703°>0.120°). 4 For A318/A319/A320/A321 series 6 For A330/A340 series airplanes, * * * * * ° ° 3 airplanes, resolution = 0.22% resolution = 0.783% (0.352 >0.090 ). For A318/A319/A320/A321 series 7 (0.088°>0.080°). For A330/A340 series For A330/A340 series airplanes, aileron airplanes, resolution = 0.275% resolution = 0.704% (0.352°>0.100°). For ° ° airplanes, resolution = 1.76% (0.088 >0.064 ). For A330/A340 series A330/A340 series airplanes, spoiler (0.703°>0.080°). resolution = 1.406% (0.703°>0.100°).

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12568 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

8 For A330/A340 series airplanes, I 25. Amend § 125.226 by adding new starting the engines for the purpose of resolution = 0.30% (0.176°>0.12°). For A330/ paragraph (m) to read as follows: flight), to the completion of the final A340 series airplanes, seconds per sampling checklist at the termination of the flight. § 125.226 Digital flight data recorders. interval = 1. (h) All turbine engine-powered * * * * * * * * * * airplanes subject to this section that are 18 For all aircraft manufactured on or after (m) All aircraft subject to the manufactured on or after April 7, 2010, April 7, 2010, the seconds per sampling requirements of this section that are must have a cockpit voice recorder interval is 0.125. Each input must be manufactured on or after April 7, 2010, installed that also— recorded at this rate. Alternately sampling must have a flight data recorder (1) Meets the requirements of inputs (interleaving) to meet this sampling installed that also— interval is prohibited. (1) Meets the requirements in § 25.1457(a)(3) through (a)(6), (d)(1), § 25.1459(a)(3), (a)(7), and (a)(8) of this (d)(4), (d)(5), and (d)(6) of this chapter; PART 125—CERTIFICATION AND (2) Retains at least the last 2 hours of OPERATIONS: AIRPLANES HAVING A chapter; and (2) Retains the 25 hours of recorded recorded information using a recorder SEATING CAPACITY OF 20 OR MORE information required in paragraph (f) of that meets the standards of TSO–C123a, PASSENGERS OR A MAXIMUM this section using a recorder that meets or later revision; and PAYLOAD CAPACITY OF 6,000 the standards of TSO–C124a, or later (3) Is operated continuously from the POUNDS OR MORE; AND RULES revision. start of the use of the checklist (before GOVERNING PERSONS ON BOARD I 26. Amend § 125.227 by adding new starting the engines for the purpose of SUCH AIRCRAFT paragraphs (g), (h), and (i) to read as flight), to the completion of the final follows: checklist at the termination of the flight. I 23. The authority citation for part 125 (i) All turbine engine-powered continues to read as follows: § 125.227 Cockpit voice recorders. airplanes required by this part to have Authority: 49 U.S.C. 106(g), 40113, 44701– * * * * * a cockpit voice recorder and a flight 44702, 44705, 44710–44711, 44713, 44716– (g) By April 7, 2012, all turbine data recorder, that install datalink 44717, 44722. engine-powered airplanes subject to this communication equipment on or after section that are manufactured before April 7, 2010, must record all datalink I 24. Amend § 125.225 by revising the April 7, 2010, must have a cockpit voice section heading and by adding new messages as required by the certification recorder installed that also— rule applicable to the airplane. paragraph (j) to read as follows: (1) Meets the requirements of I 27. Amend appendix E to part 125 by § 125.225 Flight data recorders. § 25.1457(a)(3), (a)(4), (a)(5), and (d)(6) of this chapter; revising parameters 12a, 12b, 13a, 13b, * * * * * (2) Retains at least the last 2 hours of 14a, 14b, 15, 16, 17, 23, and 88, and (j) After August 20, 2001, this section recorded information using a recorder adding footnote 18, to read as set forth applies only to the airplane models that meets the standards of TSO–C123a, below. The text of footnotes 3, 4, 5, 6, listed in § 125.226(l)(2). All other or later revision; and 8, and 12 are reprinted without change airplanes must comply with the (3) Is operated continuously from the for the convenience of the reader. requirements of § 125.226. start of the use of the checklist (before * * * * *

APPENDIX E TO PART 125.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

Accuracy Seconds per sam- Parameters Range (sensor input) pling interval Resolution Remarks

******* 12a. Pitch control(s) Full range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.5% of full range ... For airplanes that have a position (nonfly-by- accuracy uniquely planes operated flight control breakaway ca- wire systems) 18. required. under pability that allows either § 125.226(f). pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 12b. Pitch control(s) Full range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range. position (fly-by-wire accuracy uniquely planes operated systems) 318. required. under § 125.226(f). 13a. Lateral control Full range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... For airplanes that have a position(s) (nonfly- accuracy uniquely planes operated flight control break away ca- by-wire) 18. required. under pability that allows either § 125.226(f). pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12569

APPENDIX E TO PART 125.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS—Continued

Accuracy Seconds per sam- Parameters Range (sensor input) pling interval Resolution Remarks

13b. Lateral control Full range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range. position(s) (fly-by- accuracy uniquely planes operated wire) 418. required. under § 125.226(f). 14a.Yaw control po- Full range ...... ± 2° unless higher 0.5 ...... 0.3% of full range ... For airplanes that have a sition(s) (nonfly-by- accuracy uniquely flight control breakaway ca- wire) 518. required. pability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5. 14b. Yaw control po- Full range ...... ± 2° unless higher 0.5 ...... 0.2% of full range. sition(s) (fly-by- accuracy uniquely wire) 18. required. 15. Pitch control sur- Full range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.3% of full range ... For airplanes fitted with mul- face(s) position 618. accuracy uniquely planes operated tiple or split surfaces, a suit- required. under able combination of inputs § 125.226(f). is acceptable in lieu of re- cording each surface sepa- rately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 16. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... A suitable combination of sur- surface(s) posi- accuracy uniquely planes operated face position sensors is ac- tion 718. required. under ceptable in lieu of recording § 125.226(f). each surface separately. The control surfaces may be sampled alternately to produce the sampling inter- val of 0.5 or 0.25, as appli- cable. 17. Yaw control sur- Full range ...... ± 2° unless higher 0.5 ...... 0.2% of full range ... For airplanes fitted with mul- face(s) position 818. accuracy uniquely tiple or split surfaces, a suit- required. able combination of surface position sensors is accept- able in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling inter- val of 0.5.

******* 23. Ground Spoiler Full Range or Each ± 2° Unless higher 1 or 0.5 for air- 0.2% of full range. Position or Speed Position (discrete). accuracy uniquely planes operated Brake Selection 12. required. under § 125.226(f).

******* 88. All cockpit flight Full range Control ± 5% ...... 1 ...... 0.3% of full range ... For fly-by-wire flight control control input forces wheel ± 70 lbs. systems, where flight con- (control wheel, Control column trol surface position is a control column, ± 85 lbs. Rudder function of the displacement rudder pedal) 18. pedal ± 165 lbs. of the control input device only, it is not necessary to record this parameter. For airplanes that have a flight control breakaway capability that allows control inde- pendently, record both con- trol force inputs. The control force inputs may be sam- pled alternately once per 2 seconds to produce the sampling interval of 1.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12570 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

* * * * * an approved cockpit voice recorder that (2) No person may operate a 3 For A318/A319/A320/A321 series meets the standards of TSO–C123a, or multiengine, turbine-powered airplane airplanes, resolution = 0.275% later revision. The cockpit voice or rotorcraft that is manufactured on or ° ° (0.088 >0.064 ). recorder must record the information after April 7, 2010, has a passenger For A330/A340 series airplanes, resolution that would be required to be recorded if seating configuration of 20 or more = 2.20% (0.703°>0.064°). 4 For A318/A319/A320/A321 series the aircraft were operated under part seats, and that is required to have a airplanes, resolution = 0.22% 121, 125, or 135 of this chapter, and flight data recorder under § 135.152, (0.088°>0.080°). must be installed by the compliance unless it is equipped with an approved For A330/A340 series airplanes, resolution times required by that part, as cockpit voice recorder that also— = 1.76% (0.703°>0.080°). applicable to the aircraft. (i) Is installed in accordance with the 5 For A330/A340 series airplanes, requirements of § 23.1457, § 25.1457, ° ° resolution = 1.18% (0.703 >0.120 ). PART 135—OPERATING § 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and 6 For A330/A340 series airplanes, REQUIREMENTS: COMMUTER AND (h), or § 29.1457(a)(6), (d)(1), (d)(4), resolution = 0.783% (0.352°>0.090°). ON DEMAND OPERATIONS AND 7 For A330/A340 series airplanes, aileron (d)(5), and (h) of this chapter, as ° ° RULES GOVERNING PERSONS ON applicable; resolution = 0.704% (0.352 >0.100 ). BOARD SUCH AIRCRAFT For A330/A340 series airplanes, spoiler (ii) Is operated continuously from the ° ° use of the check list before the flight, to resolution = 1.406% (0.703 >0.100 ). I 31. The authority citation for part 135 8 For A330/A340 series airplanes, completion of the final check list at the continues to read as follows: resolution = 0.30% (0.176°>0.12°). end of the flight; and For A330/A340 series airplanes, seconds Authority: 49 U.S.C. 106(g), 41706, 44113, (iii) Retains at least the last 2 hours of per sampling interval = 1. 44701–44702, 44705, 44709, 44711–44713, recorded information using a recorder * * * * * 44715–44717, 44722. that meets the standards of TSO–C123a, 12 For A330/A340 series airplanes, spoiler I 32. Amend § 135.151 by adding new ° ° or later revision. resolution = 1.406% (0.703 >0.100 ). paragraphs (f), (g), and (h) to read as (h) All airplanes or rotorcraft required * * * * * follows: by this part to have a cockpit voice 18 For all aircraft manufactured on or after § 135.151 Cockpit voice recorders. recorder and a flight data recorder, that April 7, 2010, the seconds per sampling install datalink communication interval is 0.125. Each input must be * * * * * equipment on or after April 7, 2010, recorded at this rate. Alternately sampling (f) By April 7, 2012, all airplanes must record all datalink messages as inputs (interleaving) to meet this sampling subject to paragraph (a) or paragraph (b) required by the certification rule interval is prohibited. of this section that are manufactured applicable to the aircraft. PART 129—OPERATIONS: FOREIGN before April 7, 2010, and that are required to have a flight data recorder I 33. Amend § 135.152 by revising the AIR CARRIERS AND FOREIGN section heading and by adding new OPERATORS OF U.S.-REGISTERED installed in accordance with § 135.152, must have a cockpit voice recorder that paragraphs (l) and (m) to read as AIRCRAFT ENGAGED IN COMMON follows: CARRIAGE also— (1) Meets the requirements in § 135.152 Flight data recorders. I § 23.1457(d)(6) or § 25.1457(d)(6) of this 28. The authority citation for part 129 * * * * * continues to read as follows: chapter, as applicable; and (2) If transport category, meet the (l) By April 7, 2012, all aircraft Authority: 49 U.S.C. 1372, 40113, 40119, requirements in § 25.1457(a)(3), (a)(4), manufactured before April 7, 2010, must 44101, 44701–44702, 44705, 44709–44711, also meet the requirements in 44713, 44716–44717, 44722, 44901–44904, and (a)(5) of this chapter. (g)(1) No person may operate a § 23.1459(a)(7), § 25.1459(a)(8), 44906, 44912, 46105, Pub. L. 107–71, sec. § 27.1459(e), or § 29.1459(e) of this 104. multiengine, turbine-powered airplane chapter, as applicable. I or rotorcraft that is manufactured on or 29. Amend § 129.1 by revising (m) All aircraft manufactured on or paragraph (b) to read as follows: after April 7, 2010, that has a passenger seating configuration of six or more after April 7, 2010, must have a flight § 129.1 Applicability. seats, for which two pilots are required data recorder installed that also— * * * * * by certification or operating rules, and (1) Meets the requirements of (b) Operations of U.S.-registered that is required to have a flight data § 23.1459(a)(3), (a)(6), and (a)(7), aircraft solely outside the United States. recorder under § 135.152, unless it is § 25.1459(a)(3), (a)(7), and (a)(8), In addition to the operations specified equipped with an approved cockpit § 27.1459(a)(3), (a)(6), and (e), or under paragraph (a) of this section, voice recorder that also— § 29.1459(a)(3), (a)(6), and (e) of this §§ 129.14, 129.16, 129.20, 129.24, (i) Is installed in accordance with the chapter, as applicable; and 129.32 and 129.33 also apply to U.S.- requirements of § 23.1457, § 25.1457, (2) Retains the 25 hours of recorded registered aircraft operated solely § 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and information required in paragraph (d) of outside the United States in common (h), or § 29.1457(a)(6), (d)(1), (d)(4), this section using a recorder that meets carriage by a foreign person or foreign (d)(5), and (h) of this chapter, as the standards of TSO–C124a, or later air carrier. applicable; revision. * * * * * (ii) Is operated continuously from the I 34. Amend appendix C to part 135 by I 30. Amend part 129 by adding new use of the check list before the flight, to adding footnote 4 to the Collective, § 129.24 to read as follows: completion of the final check list at the Pedal Position, Lat. Cyclic, Long. Cyclic, end of the flight; and and Controllable Stabilator Position, § 129.24 Cockpit voice recorders. (iii) Retains at least the last 2 hours of under the heading Parameters to read as No person may operate an aircraft recorded information using a recorder set forth below. The text of footnotes 1 under this part that is registered in the that meets the standards of TSO–C123a, through 3 is reprinted without change United States unless it is equipped with or later revision. for the convenience of the reader.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12571

APPENDIX C TO PART 135.—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

Installed system 1 minimum Sampling in- Resolution 1 Parameters Range accuracy terval (per read out (to recov- second) (percent) ered data) (percent)

******* Collective 4 ...... Full Range ...... ±3 2 2 1 Pedal Position 4 ...... Full Range ...... ±3 2 2 1 Lat. Cyclic 4 ...... Full Range ...... ±3 2 2 1 Long. Cyclic 4 ...... Full Range ...... ±3 2 2 1 Controllable Stabilator Position 4 ...... Full Range ...... ±3 2 2 1 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft, the recording system, excluding these sensors (but including all other characteristics of the recording system), shall contribute no more than half of the values in this column. 2 Percent of full range. 3 This column applies to aircraft manufactured after October 11, 1991. 4 For all aircraft manufactured on or after April 7, 2010, the sampling interval per second is 4.

I 35. Amend appendix E to part 135 by Longitudinal Cyclic, Lateral Cyclic, reprinted without change for the adding footnote 3 to the Pilot Input— Pedal) parameter to read as set forth convenience of the reader. Primary Controls (Collective, below. The text of footnotes 1 and 2 is

APPENDIX E TO PART 135.—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

Accuracy sensor input Sampling in- Resolution 2 Parameters Range to DFDR terval (per read out readout second) (percent) (percent)

******* Pilot Input—Primary Controls (Collective, Longi- Full Range ...... ±3 2 1 0.5 tudinal Cyclic, Lateral Cyclic, Pedal) 3.

******* 1 Percent of full range. 2 This column applies to aircraft manufactured after October 11, 1991. 2 3 For all aircraft manufactured on or after April 7, 2010, the sampling interval per second is 4.

I 36. Amend appendix F to part 135 by 15, 16, 17, and 88, and adding footnote without change for the convenience of revising the appendix heading and 18, to read as set forth below. The text the reader. parameters 12a, 12b, 13a, 13b, 14a, 14b, of footnotes 3 through 8 is reprinted * * * * *

APPENDIX F TO PART 135.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

Accuracy (sensor Seconds per sam- Parameters Range input) pling interval Resolution Remarks

******* ** 12a. Pitch control(s) Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.5% of full range ... For airplanes that have a position (nonfly-by- accuracy uniquely planes operated flight control breakaway ca- wire systems) 18. required. under § 135.152(j). pability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 12b. Pitch control(s) Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... position (fly-by-wire accuracy uniquely planes operated systems) 318. required. under § 135.152(j).

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12572 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations

APPENDIX F TO PART 135.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS—Continued

Accuracy (sensor Seconds per sam- Parameters Range input) pling interval Resolution Remarks

13a. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... For airplanes that have a position(s) (nonfly- accuracy uniquely planes operated flight control breakaway ca- by-wire) 18. required. under § 135.152(j). pability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 13b. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... position(s) (fly-by- accuracy uniquely planes operated wire) 418. required. under § 135.152(j). 14a. Yaw control po- Full Range ...... ± 2° unless higher 0.5 ...... 0.3% of full range ... For airplanes that have a sition(s) (nonfly-by- accuracy uniquely flight control breakaway ca- wire) 518. required. pability that allows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled al- ternately once per second to produce the sampling of 0.5 or 0.25, as applicable. 14b. Yaw control po- Full Range ...... ± 2° unless higher 0.5 ...... 0.2% of full range ... sition(s) (fly-by- accuracy uniquely wire) 18. required. 15. Pitch control sur- Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.3% of full range ... For airplanes fitted with mul- face(s) position 618. accuracy uniquely planes operated tiple or split surfaces, a suit- required. under able combination of inputs § 135.152(j).. is acceptable in lieu of re- cording each surface sepa- rately. The control surfaces may be sampled alternately to produce the sampling in- terval of 0.5 or 0.25, as ap- plicable. 16. Lateral control Full Range ...... ± 2° unless higher 0.5 or 0.25 for air- 0.2% of full range ... A suitable combination of sur- surface(s) posi- accuracy uniquely planes operated face position sensors is ac- tion 718. required. under § 135.152(j). ceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling inter- val of 0.5 or 0.25, as appli- cable. 17. Yaw control sur- Full Range ...... ± 2° unless higher 0.5 ...... 0.2% of full range ... For airplanes with multiple or face(s) position 818. accuracy uniquely split surfaces, a suitable required. combination of surface posi- tion sensors is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling inter- val of 0.5.

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12573

APPENDIX F TO PART 135.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS—Continued

Accuracy (sensor Seconds per sam- Parameters Range input) pling interval Resolution Remarks

******* ** 88. All cockpit flight Full Range Control ± 5° ...... 1 ...... 0.3% of full range ... For fly-by-wire flight control control input forces wheel ± 70 lbs. systems, where flight con- (control wheel, Control column trol surface position is a control column, ± 85 lbs. Rudder function of the displacement rudder pedal) 18. pedal ± 165 lbs. of the control input device only, it is not necessary to record this parameter. For airplanes that have a flight control breakaway capability that allows either pilot to operate the control inde- pendently, record both con- trol force inputs. The control force inputs may be sam- pled alternately once per 2 seconds to produce the sampling interval of 1.

* * * * * 6 For A330/A340 series airplanes, interval is 0.125. Each input must be 3 For A318/A319/A320/A321 series resolution = 0.783% (0.352°>0.090°). recorded at this rate. Alternately sampling airplanes, resolution = 0.275% 7 For A330/A340 series airplanes, aileron inputs (interleaving) to meet this sampling ° ° (0.088°>0.064°). resolution = 0.704% (0.352 >0.100 ). interval is prohibited. For A330/A340 series airplanes, resolution For A330/A340 series airplanes, spoiler ° ° Issued in Washington, DC, on February 19, = 2.20% (0.703°>0.064°). resolution = 1.406% (0.703 >0.100 ). 8 2008. 4 For A318/A319/A320/A321 series For A330/A340 series airplanes, ° ° airplanes, resolution = 0.22% resolution = 0.30% (0.176 >0.12 ). Robert A. Sturgell, (0.088°>0.080°). For A330/A340 series airplanes, seconds Acting Administrator. For A330/A340 series airplanes, resolution per sampling interval = 1. = 1.76% (0.703°>0.080°). * * * * * [FR Doc. E8–3949 Filed 3–6–08; 8:45 am] 5 For A330/A340 series airplanes, 18 For all aircraft manufactured on or after BILLING CODE 4910–13–P resolution = 1.18% (0.703°>0.120°). April 7, 2010, the seconds per sampling

VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2