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Department of Transportation Federal Aviation Administration 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.
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