**\[4910--13\]**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Parts 23, 25, 27, 29, 91, 121, 125, 129 and 135**

**\[Docket No. FAA-2005-20245; Amendment No. 23-58, 25-124, 27-43,
29-50, 91-300, 121-338, 125-54, 129-45, and 135-113\]**

**RIN 2120-AH88**

**Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder
Regulations**

**AGENCY:** Federal Aviation Administration (FAA), DOT.

**ACTION:** Final Rule.

**SUMMARY:** This final rule amends cockpit voice recorder (CVR) and
digital flight data recorder (DFDR) regulations affecting certain air
carriers, operators, and aircraft manufacturers. This final rule
increases the duration of certain CVR recordings, increases the data
recording rate for certain DFDR parameters, requires physical separation
of the DFDR and CVR, improves the reliability of the power supplies to
both the CVR and DFDR, and requires that certain datalink communications
received on an aircraft be recorded if datalink communication equipment
is installed. This final rule is based on recommendations issued by the
National Transportation Safety Board following its investigations of
several accidents and incidents, and includes other revisions the FAA
has determined are necessary. These changes to CVR and DFDR systems are
intended to improve the quality and quantity of information recorded,
and increase the potential for retaining important information needed
for accident and incident investigations.

**DATES:** These amendments become effective \[INSERT DATE 30 DAYS AFTER
THE DATE OF PUBLICATION IN THE [FEDERAL REGISTER]{.underline}\].

**FOR FURTHER INFORMATION CONTACT:** For technical questions contact:
Timothy W. Shaver, Avionics Systems Branch, Aircraft Certification
Service, AIR-130, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 385-4686; facsimile
(202) 385-4651; e-mail <tim.shaver@faa.gov>. For legal questions
contact: Karen L. Petronis, Regulations Division, Office of the Chief
Counsel, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-3073; facsimile (202)
267-3073; e-mail karen.petronis@faa.gov.

**SUPPLEMENTARY INFORMATION:**

### **Authority for this Rulemaking**

The FAA's authority to issue rules regarding aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority.

This rulemaking is promulgated under the authority described in Subtitle
VII, Part A, Subpart III, Section 44701. Under that section, the FAA is
charged with prescribing regulations providing minimum standards for
other practices, methods and procedures necessary for safety in air
commerce. This regulation is within the scope of that authority since
flight data recorders are the only means available to account for
aircraft movement and flight crew actions critical to finding the
probable cause of incidents or accidents, including data that could
prevent future incidents or accidents.

## Background {#background .unnumbered}

### **A. Statement of the Problem.** {#a.-statement-of-the-problem. .unnumbered}

For many years, the National Transportation Safety Board (NTSB) has
experienced difficulties while investigating aircraft accidents and
incidents. The information recorded on cockpit voice recorders (CVRs)
and Digital Flight Data Recorders (DFDRs) has not always been sufficient
to support the NTSB's investigations. The problems encountered by the
NTSB include the limited duration of CVR recordings preceding an
incident, and the loss of power to both CVRs and DFDRs. These issues
arose in the investigation of the following accidents and incidents:
Alaska Airlines, Inc. flight 261 on January 31, 2000; EgyptAir flight
990 on October 31, 1999; Delta Air Lines, Inc. flight 2461 on December
15, 1998; Swissair flight 111 on September 2, 1998; SilkAir flight 185
on December 19, 1997; ValuJet Airlines flight 592 on May 11, 1996; Trans
World Airlines, Inc. flight 800 on July 17, 1996; and ValuJet Airlines
flight 597 on June 8, 1995. The notice of proposed rulemaking that
preceded this final rule was published on February 28, 2005 ("Revisions
to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations,"
70 FR 9752) and discusses these accidents and incidents in more detail,
starting on page 9753.

**B. NTSB Recommendations.**

Based on its findings following these investigations, the NTSB issued
five safety recommendations for improving the flight recorder systems on
all aircraft required to carry a CVR and a DFDR.

[Recommendation No. A--96--89]{.underline}. Within two years, require
all aircraft required to have a CVR to be retrofitted with a CVR that
receives, on dedicated channels, (1) uninterrupted input from the boom
or mask microphone and headphones of each crewmember; and (2)
uninterrupted input from an area microphone. During these recordings, a
sidetone must be produced only when the transmitter or interphone is
selected. Finally, all audio signals received by hand-held microphones
must be recorded on the respective flight crewmember's channel when
keyed to the "ON" position.

[Recommendation No. A--96--171]{.underline}. Require that all newly
manufactured CVRs intended for use on airplanes have a minimum recording
duration of two hours.

[Recommendation No. A--99--16]{.underline}. By January 1, 2005, retrofit
all airplanes that are required to carry a CVR and an FDR with a CVR
that (1) meets the standards of the\
Technical Standard Order on Cockpit Voice Recorder Systems, TSO--C123a,
or later revision; (2) is capable of recording the last two hours of
audio; and (3) is fitted with a 10‑minute independent power source that
is located with the CVR and that automatically engages and provides 10
minutes of operation whenever power to the recorder ceases, either by
normal shutdown or by a loss of power to the bus.

[Recommendation No. A--99--17]{.underline}. Require all aircraft
manufactured after January 1, 2003, that are required to carry a CVR and
a DFDR, to be equipped with two combination (CVR/DFDR) recording
systems. One system should be located as close to the cockpit as
practicable and the other as far aft as practicable. Both recording
systems should be capable of recording all mandatory data parameters
covering the previous 25 hours of operation and all cockpit audio and
controller‑pilot datalink communications for the previous two hours of
operation. The system located near the cockpit should be provided with
an independent power source that engages automatically and provides 10
minutes of operation whenever normal aircraft power ceases. The aft
system should be powered by the bus that provides the maximum
reliability for operation without jeopardizing service to essential or
emergency loads. The system near the cockpit should be powered by the
bus that provides the second highest reliability for operation without
jeopardizing service to essential or emergency loads.

[Recommendation No. A--99--18]{.underline}. Amend § 25.1457 (for CVRs)
and § 25.1459 (for DFDRs) to require that CVRs, DFDRs, and redundant
combination CVR/DFDR units be powered from separate generator buses with
the highest reliability.

**C. Summary of the NPRM**

In February 2005, we proposed changes to the regulations that address
the NTSB's recommendations (70 FR 9752; February 28, 2005)(the NPRM). We
agreed with recommendation Nos. A--96--89, A--96--171, A--99--18, and
parts of Nos. A-99-16 and A--99--17.

In the NPRM, we proposed that all CVRs be able to retain the last two
hours of cockpit conversation, and that a better technical standard for
equipment be mandatory. We proposed that aircraft carry an independent
power source to power CVRs for 10 minutes after main power sources fail.
We also proposed language to standardize across operating parts when a
CVR is operated.

We proposed wiring requirements that would ensure that each CVR and DFDR
receives its electrical power from the bus that provides the maximum
reliability for operation of each recorder without jeopardizing service
to essential or emergency loads. Each recorder also must remain powered
for as long as possible without jeopardizing emergency operation of the
aircraft. These requirements would apply to newly manufactured aircraft.

We proposed that CVRs and DFDRs be installed in separate containers in
all airplanes; rotorcraft would be allowed to have a single combined
unit for both recorders. For aircraft that have both a CVR and a DFDR,
we proposed that the interphone communications requirements described in
the certification rules apply to all part 23 and part 25 airplanes.

We proposed increased data recording rates for certain flight control
parameters that would apply to both airplanes and rotorcraft.

We proposed that datalink communications be recorded when datalink
systems are installed on airplanes after a certain date, and we sought
comment on the nature and scope of what should be required to be
recorded, acknowledging that the state of the technology is still
developing.

We did not propose to adopt the NTSB recommendation that the 10-minute
CVR power supply be installed as a retrofit on current aircraft, that
aircraft carry a deployable recorder system, or that each airplane carry
two complete recording systems. In evaluating these recommendations, we
determined that the anticipated costs were too great to justify any
potential benefit, or that there was insufficient data to compare
probable costs and benefits. We did request comment on each of these
items.

A more detailed discussion of each proposed change can be found in the
NPRM document on pages 9755-9762.

######### Discussion of Comments

**A. General Summary**

The FAA received 55 submissions from 53 commenters (two commenters each
submitted two comments) in response to the NPRM.

Six commenters supported the proposal in its entirety. Thirty-two
commenters generally supported the intent, but offered detailed
alternatives or changes to various sections. The supporting commenters
included airframe manufacturers, aircraft operators, industry
associations, an accident investigator, and several individuals.

Three commenters opposed the proposal in its entirety and requested that
we either abandon or postpone the proposed requirements. One commenter
did not specifically state opposition, but it was inferred from the
comment. Eight commenters objected to the proposed changes specifically
for part 27 and part 29 rotorcraft, for part 91 and part 135 aircraft,
or for aircraft with fewer than 60 seats. Some of these commenters also
questioned the FAA's analysis of the effect of the proposed rule on
small businesses. The opposing commenters included aircraft operators,
industry associations, and individuals.

In the three remaining comments, one individual commenter offered a
specific language change to the proposed rule without stating support or
opposition to the rest of it. The other two comments were joint
submissions from four members of the U.S. House of Representatives that
expressed strong support for the use of deployable recorder systems.

# **B. Proposed Retrofits for Part 91 and Part 135 Aircraft**

Two parts of the proposed rule would affect aircraft currently operating
under parts 91 and 135 by requiring equipment retrofits. These include
the requirements that CVRs use solid state memory (replacing magnetic
tape) and have two hours of recording capability, up from as little as
15 minutes in part 91.

The National Air Transportation Association (NATA) expressed
disappointment with what it considers the agency's failure to include a
meaningful review of the impact of these two proposed requirements on
part 91 and part 135 operators. The NATA provided examples of aircraft
models it does not believe were considered, as well as the types of
information that the association asserts should have been collected by
the FAA for analysis. The NATA suggested itself as a source of the data,
but did not include with its comment any of the data it suggested the
FAA collect.

The National Business Aviation Association (NBAA) submitted a similar
comment, indicating that a broad segment of on-demand operators would
have to comply with the proposed regulations, but that there was no
indication that we properly evaluated their effect on those operators.
As an example, the NBAA noted that the cost of development of a
supplemental type certificate that would be needed for more than 15,000
aircraft was not determined or accounted for in the regulatory
evaluation.

Similarly, the Regional Airline Association (RAA) said that the
regulatory evaluation does not adequately describe the benefits of the
proposed equipment retrofit, and does not feel that there is enough
information in the regulatory evaluation for them to comment on
adequately.

These associations urged the FAA to retract those parts of the rule that
affect these operators, or to take no further action until more
comprehensive data can be gathered and analyzed. Each commenter believes
that the cost estimates would be significantly higher than those
presented in the NPRM.

We reviewed our analysis of the impact of the two CVR changes proposed
as retrofits for part 91 and 135 airplanes (2-hour recorders and
independent power supply), and we have concluded that our regulatory
evaluation did not include several issues raised by the commenters.
Since we are not able to quantify the potential burden of the two CVR
retrofit requirements on these operators, we have removed the two CVR
requirements from the final rule for aircraft operating under parts 91
and 135. For other reasons discussed below, we are also not adopting the
proposed 'checklist to checklist' language for part 91 or part 135. New
applicability sections will retain the same checklist language as exists
in the affected part.

However, we are adopting the datalink recording requirement for these
two operating parts. If an operator of an aircraft under part 91 or 135
voluntarily installs datalink equipment after two years from the
effective date of the rule, the requirement for datalink recordation
will apply. This is consistent with the requirement facing operators
under parts 121 and 125, and we have no reason to discriminate between
these operating rules. We are also adopting the requirement for separate
containers for CVRs and DFDRs (except for rotorcraft) as it imposes no
cost since it is a codification of current FAA policy and no combined
recorder has ever been approved for installation on an airplane.

The NPRM also contained several other requirements that will affect only
newly manufactured airplanes that may operate under parts 91 and 135.
The commenters provided no reason why those upgrades that must be
incorporated at the time of aircraft manufacture should not be
applicable to all categories of aircraft regardless of the eventual
operator. In general, the proposed CVR and DFDR upgrades on wiring, data
rates, and interphone communications will be adopted as proposed for all
newly manufactured aircraft. Similarly, the CVR requirements for 2-hour
solid state recorders and the addition of a backup power system will
remain for all newly manufactured aircraft. Again, we are unable to draw
a distinction between the eventual operating regulations for aircraft of
any size that have yet to be manufactured.

C.  **CVR Recording Duration**

The FAA proposed that all CVRs be able to retain the last two hours of
cockpit audio. Both the NTSB and the Transportation Safety Board of
Canada noted that the short duration of available cockpit audio hindered
the investigation of several accidents.

The Air Line Pilots Association (ALPA) did not support the proposal to
increase CVR recording time because the FAA did not propose any increase
in the privacy protections regarding the access and use of information
recorded on a CVR. The ALPA stated that existing protections are
inadequate despite years of its attempts to change the standard.

We recognize that ALPA and others have concerns about the use of CVR
data, and we continue to work to address these concerns. We are unable
to concur with the conclusion that those concerns outweigh the
investigative need for more information, especially when it is so
readily available and affordable. The history of accident investigation
contains several examples of CVR recordings that begin well into a
conversation of the problem under investigation. The adverse effect on
safety of these abbreviated recordings cannot be ignored.

Boeing Commercial Airplanes (Boeing) agreed that the additional data
from a longer duration recorder would have been a significant benefit in
accident investigation. Boeing notes that the proposed requirement for
part 129 airplanes, however, does not specify a recording duration,
which it noted may have been an omission.

The language we proposed for § 129.22 (now § 129.24) would require the
CVR on a U.S. registered airplane to record the information that would
be required to be recorded if the aircraft were operated under part 121,
125, or 135. This requirement captures the proposed requirement in those
parts for two hours of CVR recording time. No change to the final rule
is necessary for the two-hour duration to apply to part 129 airplanes.

In addition to its comment on the economic value of the retrofit, the
RAA questioned the value of a two hour recorder on flights that are on
average much shorter. Since many of the RAA's constituents operate
flights of less than 60 minutes, the RAA stated that the current 30
minute recording time is sufficient to capture relevant voice data.

Although we agreed with the commenters concerning the evaluation of
retrofit costs, the FAA cannot agree that a different standard should
apply to certain aircraft when they are in regional operation. The
benefit of this additional information is the same regardless of
individual flight duration. Further, aircraft transfer between routes
and operating parts, and none of the aircraft cited by the RAA are
limited by design to flights of 30 minutes or less.

Smiths Aerospace, LLC (Smiths) commented that the standard proposed in
the final rule for CVRs, TSO-C123a, mirrors the standard set forth in
EUROCAE document ED-56, which allows for the combined (merged) recording
of three non-area microphone signals into a single recording after the
first 30 minutes. Smiths suggested that allowing combined audio for 90
of the proposed 120 minutes will reduce the quality and effectiveness of
the recording. Smiths also proposed language that would specifically
prohibit the use of magnetic tape recorders, since it was the agency's
stated intent in the NPRM.

While an interesting technical consideration, the FAA did not propose a
change to the TSO standard (which is based on ED-56) in the NPRM, and
the process for changing TSOs is separate and complex. We also believe
that a requirement for two hours of recording time is enough to
eliminate the use of magnetic tape recorders for those aircraft subject
to the requirement. Further, Smiths did not indicate where this language
would be inserted, and a change in the retrofit applicability for parts
91 and 135 would simply add to the confusion about current requirements.

No change to the 2-hour recording duration has been made in the final
rule based on these comments.

D.  **CVR Independent Power Supply**

Seven commenters (ALPA, Boeing, Smiths, the NTSB, the Aerospace
Industries Association (AIA), Radiant Power Corporation (Radiant) and
Airbus) expressed concern that the proposed requirement for a Recorder
Independent Power Supply (RIPS) for CVRs did not address installation
issues. These commenters want to minimize the possibility of an
inadvertent disconnect from the CVR that could result from damage to the
RIPS or to exposed, lengthy wiring. These commenters suggested several
installation solutions, including:

-   Installing a combination kit of the CVR plus the RIPS (AIA), or
    integrating the RIPS in the CVR (Airbus, Radiant, Smiths); and

-   Co-locating the CVR and the RIPS (ALPA) or locating the RIPS as
    close as practical to the CVR (Airbus, Boeing, NTSB).

The FAA agrees with the concern raised by these commenters. We have
considered the various installation solutions suggested by the
commenters, and have determined that requiring the RIPS to be installed
as close as practicable to the CVR is the best solution. This
configuration will minimize the distance between the CVR and the RIPS
and the amount of wiring necessary, decreasing the potential for a power
failure affecting the CVR when main power is lost and the RIPS unit
engages. Therefore, the final rule contains a requirement that the RIPS
be installed as close as practicable to the CVR.

As to the integration of the RIPS into the CVR unit, we do not have
enough data to support either mandating or prohibiting a combined
RIPS/CVR unit. The decision to combine the units is best left to the
system designer for individual aircraft. Our TSO-C155 and other industry
standards allow for certification of RIPS as either a combined or
stand-alone unit. Combined units would meet the "as close as
practicable" standard of the regulation.

Boeing noted the term "independent" could be interpreted to mean the
RIPS must be a separate piece of equipment and cannot be incorporated
into the CVR. Boeing suggested adding a new subparagraph to § 25.1457
that would allow, but does not require, incorporation of the RIPS as
part of the CVR.

As stated, the purpose of the RIPS equipment is to ensure the CVR
continues to function for 10 minutes following the loss of its main
power source by having its own independent power source. The term
"independent" does not describe the location of the RIPS as it relates
to the CVR. In TSO-C155, we state that the RIPS may be a part of the CVR
or separate from it.

# Five commenters (AIA, ALPA, Boeing, L3 Communications (L3) and the NTSB) suggested the final rule should contain a 4-year retrofit RIPS requirement similar to that proposed for the 30-minute-to-2-hour CVR conversion. The NTSB stated the benefits of such a requirement vastly outweigh the additional costs. Boeing agreed, stating that a RIPS retrofit would have significant value for in-service aircraft. The ALPA and AIA support a RIPS retrofit requirement for all aircraft operating under part 121, while L3 noted that it had anticipated the need for such equipment, and that their product development is complete and represents an available, cost-effective solution. 

While the FAA recognizes the benefits of expanding the RIPS requirement
beyond newly manufactured aircraft, we remain unable to mandate retrofit
as a cost-beneficial change. When we considered the option for the NPRM,
we found that the cost of a RIPS retrofit was considerable and the
burden on current operators would be substantial. Even if the equipment
is already available, a RIPS retrofit could easily require major
alterations and extensive aircraft rework. While expressing their
support, the commenters did not provide any data that changes our
conclusion.

**E. RIPS on Rotorcraft**

Three commenters, Bell Helicopter Textron Inc. (Bell), Eurocopter
Deutschland GmbH (Eurocopter) and the Helicopter Association
International (HAI), recommended the RIPS requirement not apply to part
27 and 29 rotorcraft. Bell stated the NPRM failed to make a case for
small to medium rotorcraft (fewer than 20 passengers) and noted that
these aircraft are much less likely to suffer the types of events and
failures that occur in fixed wing aircraft.

Eurocopter stated that a RIPS requirement is not relevant for rotorcraft
for two reasons, first citing three EUROCAE documents that forbid
shutdown of a CVR by the crew. Second, when the CVR is already powered
by the safest electrical power bus, a RIPS would not decrease the
probability of a failure, but would add substantial installation and
annual costs.

The lack of historical data supporting a need for RIPS for CVRs in
rotorcraft was also cited by HAI. It noted that the proposed rule is
directed at transport category airplanes, where RIPS can be justified,
but does not make the case for small to medium rotorcraft certificated
under part 27 or part 29. The HAI stated that the increase in system
weight, cost and complexity would provide little or no enhancement to
safety.

As a consequence of the proposed RIPS installation, Columbia
Helicopters, Inc. (Columbia) asked the FAA to consider possible unwanted
consequences on helicopters operating under part 133 external load
operation (non-passenger carrying) rules. Columbia noted that the added
weight and operating cost of a RIPS might discourage these operators
from voluntarily installing CVRs. Columbia suggested language limiting
the RIPS requirement to passenger carrying operations.

The final rule includes part 27 and 29 rotorcraft with fewer than 20
passengers in the RIPS requirement, as proposed. The purpose of the RIPS
requirement is to record additional pilot communications, environmental
noises and other information (such as from a cockpit-mounted area
microphone) if all power is lost. A loss of power is possible on
aircraft of all types. We are unable to distinguish rotorcraft from
other aircraft when the possibility of power loss is considered, and the
benefits are considered the same. We do not require compliance with
EUROCAE standards; our regulations must reflect our requirements.

The FAA does not agree the RIPS requirement might discourage part 133
operators from voluntarily installing CVRs. The RIPS requirement is for
newly manufactured aircraft whose operating rules require a CVR. There
is no mandated RIPS retrofit if a CVR is installed on an aircraft that
does not require one for operation.

The CVR and RIPS TSOs provide the minimum performance standards for this
equipment. However, neither one requires that RIPS be installed; that is
done by regulation. If a part 133 operator voluntarily chooses to
install a CVR, it is not currently required to also install the RIPS,
nor is the operator prevented from installing a RIPS. This decision is
totally up to the part 133 operator. Therefore, we do not agree with the
commenter that adding the RIPS requirement to parts 27 and 29 would
affect the decision to voluntarily install a CVR.

**F. RIPS Duration Requirement**

Three commenters (Boeing and two individuals) requested that the FAA
change the duration of the RIPS power requirement. Boeing requested that
the requirement be changed from 10 minutes to 10 ± 1 minutes, to prevent
erasure or overwriting of valuable data, and to be consistent with TSO
C-155 for RIPS, and other industry standards from EUROCAE's ED-112
(Minimum Operational Performance Specification for Crash Protected
Airborne Recorder Systems) and ARINC 777 (Recorder Independent Power
Supply). If adopted, Boeing suggested that the final rule state that the
"10 ± 1 minutes" means the backup power source must operate at least 9
minutes, but not longer than 11 minutes.

One individual commenter suggested increasing the time to 30 minutes
because 10 minutes is too short a time period to record everything
during a power failure. The commenter provided no details or examples of
the need for 30 minutes. A second individual stated that the 10-minute
standard is insufficient, but did not specify what the duration should
be.

The FAA agrees with Boeing that the final rule should be consistent with
the TSO and industry standards. The final rule requires the RIPS to
provide 10 ± 1 minutes of electrical power to operate both the cockpit
voice recorder and cockpit area microphone. We are not including the
additional suggested language since the documents cited by Boeing
establish that 10 ± 1 minutes means the backup power source shall run at
least 9 minutes, but not longer than 11 minutes, and repetition of the
language is not necessary.

The other commenters did not explain why the international standard of
10 minutes is not appropriate nor provide any other support for their
positions.

**G. Other RIPS Issues**

Airbus stated that two years is not enough time to integrate a RIPS into
current aircraft designs. Airbus stated that TSO-C155 requires that a
RIPS system provide both a failure monitoring function and indications
to the flightcrew. Airbus requested that the compliance time be changed
to four years, to account for the modifications, qualification and
certification of RIPS equipment.

We agree that RIPS installation on newly manufactured aircraft will
require integration into the existing warning and indication systems.
However, Airbus did not provide us with any specific data to support its
position that this requirement could not be accomplished two years after
this final rule. Further, no other airframe manufacturer expressed this
concern. The 2-year compliance date for the installation of RIPS into
newly manufactured airplanes is adopted as proposed.

Airbus and Boeing each noted that the CVR may also provide power for the
cockpit area microphone and associated electronics, such as a
preamplifier. Since the proposed RIPS requirement only applies to the
CVR, they expressed concern that the additional equipment may not be
powered and would render the CVR useless despite its own power. Each
commenter suggested that language be added to § 25.1457 that addresses a
continuation of power to all parts of the CVR system required for
recording area microphone audio input.

The FAA agrees with Boeing and Airbus. In addition to the reference for
10 ± 1 minutes of electrical power discussed above, the regulation has
been changed to include power to operate both the cockpit voice recorder
and the cockpit-mounted area microphone.

AirTran Airways (AirTran) requested that any RIPS requirement ensure CVR
interchangeability so that operators will not have to maintain separate
CVR inventories for aircraft that have the RIPS and those that do not.

While we recognize that CVR interchangeability is desirable, the type of
CVR (and RIPS) on a given aircraft is driven by installation and
component design, not by regulation. The CVR and RIPS each have a TSO
(as well as ARINC standards) that will ensure that as long as an
operator uses these components, interchangeability should not be an
issue. AirTran and other operators need to provide input to the
manufacturers of airframes and CVRs during the development of RIPS
equipment. The final rule does not address CVR interchangeability.

**H. CVR and DFDR Wiring Requirements**

**1. Single Electrical Failure**

We proposed that CVRs and DFDRs be installed so that no single
electrical failure could disable the recorders.

Bell requested the FAA exclude part 27 and part 29 rotorcraft with fewer
than 20 passengers from the requirement that no single electrical
failure will disable both the CVR and DFDR. Bell referred to historical
data presented by the United Kingdom Aircraft Accident Investigation
Board (AAIB) and Bell's own experience with combined recorders, to
conclude that this requirement is unnecessary and would result in
significant development and certification costs.

Bell also stated that the "no single electrical failure could disable
both the CVR and DFDR" language was ambiguous. Bell noted that it has
been interpreted in different ways, and that if it is applied to either
the failure of any single electrical component within a combined
CVR/DFDR, or to a single electrical failure external to the recorder, it
would make most available recorders obsolete. Bell suggested that if the
applicability to all rotorcraft is maintained, the language be changed
to indicate that the single electrical failure at issue is external to
the recorder.

Columbia Helicopters made a similar argument, noting that for an allowed
combined recorder, the requirement is confusing and contradictory, and
requested that the language be clarified.

The FAA acknowledges that the separation of electrical power has not
been an issue on rotorcraft to date. However, the potential problem
being addressed by the "no single electrical failure" requirement
remains in any tiered electrical power system and may affect all
aircraft, fixed wing or rotorcraft. We also agree that the language of
the proposed requirement could be misinterpreted in a combined recorder
installation. Since the intent of the regulation is to prevent
electrical failures of aircraft wiring or electrical power [external to
the recorder]{.underline} from disabling both recorder functions, we
have changed §§ 23.1457(d)(4), 25.1459(a)(7), 27.1457(d)(4) and
29.1459(a)(6) to reflect this interpretation. However, we remain unable
to distinguish rotorcraft by the number of passengers, and the rule is
adopted for all helicopters with the modifications described here.

The NTSB and the AIA recommended the no single electrical failure
requirement be expanded beyond newly manufactured aircraft to include
the existing fleet. The NTSB noted that, with this change, the final
rule would comply with the NTSB recommendation on this subject. The NTSB
also stated that since most existing aircraft already meet this
requirement, any retrofit requirement would have a minimal economic
impact. The AIA suggested the FAA consider including the current fleet
after conducting a cost-benefit analysis.

The FAA considered this option while developing the NPRM and found that
a wiring retrofit represents a significant economic burden, and could
require extensive aircraft rework in order to rewire not only the
recorder systems, but other aircraft systems that are affected by
changes made for the recorders. The commenters did not provide any new
data for either the costs or benefits that would change our conclusion.
The final rule remains applicable only to aircraft manufactured two
years after this final rule.

# **2. Single Electrical Failure vs. Most Reliable Bus** 

#  In addition to the requirement that no single electrical failure disable both recorders discussed above, we proposed that all newly manufactured aircraft have a CVR and DFDR installed that receives its electrical power from the bus that provides the maximum reliability of operation. 

#  AirTran and Northwest Airlines (Northwest) suggested the proposed language for these two requirements is contradictory. AirTran stated that, in order to have the DFDR and CVR on different sources to preclude a single failure from disabling both units, one of the units is likely to be on a less reliable source than the other. Northwest asked if requiring both the CVR and FDR to be powered by the most reliable bus would create an opportunity for a single point electrical failure that disabled both recorders, violating the single failure proposal.

We disagree that the two requirements are contradictory. Proper system
design will allow the CVR and the FDR to be powered by different, but
equally reliable, buses. This will ensure that a single point failure
does not affect both. We recognize that some sensors in the DFDR system
may be powered by buses that are lower in the electrical hierarchy than
the recorders. While some information may be lost if these lower buses
fail, the failure itself could provide insight as to the sequence of
events occurring during an accident or incident and does not create an
issue with the failure of power to the recorder itself.

**3. Most Reliable Bus -- Other Comments**

The ATA expressed concern that the proposed language regarding power to
the recorders from the most reliable bus (§§ 25.1457(d)(1) and
25.1459(a)(3)) is vague, and proposed different language for these
sections. Northwest expressed the concern that the last sentence in each
paragraph is redundant and suggested the proposed language is redundant
with the existing paragraph.

We have reviewed the proposed language and have concluded it properly
conveys the intent of the requirements. The language suggested by the
ATA introduces terms that would be open to numerous interpretations, and
suggests a requirement for recorder power much more restrictive than our
intent.

Regarding Northwest's comment that the second sentence in each paragraph
is redundant, we note that, while similar, they address two separate
issues. The first sentence addresses the source of the recorder's power
(i.e., the bus). The second sentence addresses the situation experienced
during Swissair flight 111, in which the flightcrew disabled the
electric bus that powered both the CVR and the DFDR while searching for
a source of smoke in the cockpit.

Smiths suggested that all CVRs on newly manufactured aircraft provide
dual isolated power bus inputs to provide the recorders with the most
reliable and available power and reduce the possibility of a single
electrical failure disabling a recorder.

We reviewed Smiths' proposal, but the commenter did not provide any
information comparing its suggestion to the proposed rule, any
suggestion of the extent to which it might be used, or the cost of such
a requirement. We concluded that our proposal to require the DFDR and
the CVR to be powered by separate buses is sufficient and is
performance-based.

**I. Separate Containers**

Boeing noted the proposal stated that each separate container must meet
the "crashworthiness requirements already in the regulations." Boeing
assumed this statement refers to §§ 25.1457(e) and 25.1459(b) and
requested clarification.

The phrase "crashworthiness requirements already in the regulations"
refers to the existing requirements in parts 91, 121, 125 and 135 for
installing recorders (both CVR and DFDR) that meet the crashworthiness
requirements of TSO-C123a or TSO-C124a.

Columbia sought clarification on the applicability of the proposed
requirements of §§ 27.1459 and 29.1459. Columbia interpreted the
proposal to require all helicopters currently equipped with combination
recorders to meet the entirety of the certification sections cited four
years after the adoption of the final rule, which would require a
retrofit of several items, including the 10 minute RIPS. Columbia
suggested this interpretation did not reflect the intent of the FAA and
recommended rewording the rule to remove any confusion.

We believe the commenter is misreading the proposal. Columbia referred
to "proposed 135.152(1)," but that is not a valid reference. Proposed §
135.152(l) (lower case "L") addresses only the recorder containers, and
means that part 23 and 25 airplanes must maintain the recorders in two
separate boxes, while part 27 and 29 rotorcraft may have one combined
unit. A combined unit must meet all of the requirements for both DFDRs
and CVRs, which are determined by aircraft age.

The other DFDR and CVR requirements are mandated in § 135.152(m)(1),
which applies to aircraft manufactured two years after the rule, and
repeats the new container reference; there is no retrofit requirement
for the other certification sections referring to wiring if the
installation is not altered. On this topic, the commenter may also have
been confused by the discussion in the preamble of the proposed rule,
which indicates that if a rotorcraft operator changes a current two-unit
installation to a single combined unit, the new power and wiring
requirements must be met. Since a single combined unit is optional, the
rule does not impose the new wiring requirements unless the operator
chooses to make the change, and the operator must consider the cost of
the rewiring as part of its decision to change to a single combined
unit.

**J. Dual Combination Recorders**

When the NTSB recommended the installation of two full recording
systems, it was included as part of a much larger system recommendation.
The NTSB suggested that each aircraft have a system that included two
combination recorders, one fore and one aft, with a RIPS attached to the
forward combination recorder. The NTSB recommended this as a retrofit.

We did not propose the installation of two full sets of recording
equipment, referred to as "dual combination recorders," as recommended
by the NTSB because of the substantial costs involved. We did propose
that a RIPS be installed for the CVRs on newly manufactured airplanes.

Several commenters, including Airbus, ALPA, Boeing, Embraer, Honeywell,
Smiths, and the NTSB, each suggested some variation on our allowing the
use of combination recorders. In a related issue, three individual
commenters recommended placing the CVR and DFDR in separate parts of the
aircraft to increase the chances of survival. The commenters raised
issues of cost, survivability, separate location, and redundancy in
arguing for combination recorders.

Generally, if two combination recorders are installed, one would be
designated as the DFDR and one as the CVR in accordance with the
separate container requirement. As a follow-on to this configuration,
several commenters requested that one combination recorder be located at
the front of the airplane to act as the CVR.

These suggestions bring up several issues when one or more combination
recorders are installed, including non-functioning equipment for Minimum
Equipment List (MEL) relief, RIPS units, and the regulations on recorder
location and separate containers.

Accordingly, the FAA is revising the regulations to allow for the
following in the final rule:

\(1\) When a single combination recorder is used in place of
[either]{.underline} a DFDR or a CVR, it will only be allowed to
function as the chosen unit. The combination recorder and the single
function recorder must maintain the requirements for aft location and
separate boxes. No relief from any regulation is granted by this
configuration. If one combination box is used, it cannot be used as a
CVR located near the cockpit.

\(2\) When two combination recorders are used, one may be located near
the cockpit. This recorder will function as the CVR and, in newly
manufactured airplanes, may be co-located with the RIPS. In the event of
an equipment failure subject to relief under an operator's MEL, no
further relief is given than for separate units.

The FAA does not consider the voluntary installation of two combination
recorders to be the redundant/dual system envisioned by the NTSB
recommendation. The use of two combination recorders is not mandated for
any installation. Single-purpose recorders are the regulatory minimum,
and when used, all of the requirements including separate containers,
wiring, and aft location remain the same.

**K. Increased DFDR Recording Rates**

**1. Need for 16 Hertz (Hz) Requirement**

The FAA proposed an increase in the recording rate to 16 Hz for certain
flight control parameters on aircraft manufactured two years after the
final rule. While acknowledging that parameters recorded at 1 or 2 Hz
are inadequate, five commenters, Airbus, AirTran, ATA, Boeing, and
Embraer, suggested that a 16 Hz recording rate is excessive and could be
very costly.

Airbus argued the proposed rate would not only affect the DFDR and
associated interface units, but would also require redesign of the
aircraft's systems providing the parameter data. Airbus stated the
impact of such a redesign is not covered in the compliance cost
estimates in the NPRM, nor is the proposed 2-year time frame realistic
for a redesign of these systems. Therefore, Airbus recommended replacing
the existing standard with a sampling rate appropriate to a given
aircraft type and supplied rates for each of its aircraft models.
Airbus's comment does not include information on how the FAA would
decide which rate is appropriate for any given aircraft, or how such a
standard could be established or its estimated cost for each model
aircraft.

AirTran noted the proposed sampling rate for each flight control unit
(nine total) would exceed the capacity of the DFDR system installed in
its fleet. AirTran recommended a sampling rate equal to the recording
capacity of the DFDR systems. For AirTran's installed DFDR systems, this
capacity is roughly 8 Hz.

The ATA noted that some in-production aircraft do not provide data at
the 16 Hz rate. These aircraft would require an extensive and costly
redesign to keep component interchangeability. Therefore, ATA proposed
changing the 16 Hz recording rate to a recording rate requirement that
is "at a maximum rate available from that aircraft system up to 16 Hz."

Boeing stated that 16 Hz is not necessary if the goal is to make the
recorded control motions unambiguous. Instead, a change to 16 Hz would
result in unnecessarily large data analysis files and require
significant added costs to change the signal source. Boeing recommended
recording at 4 Hz.

Embraer suggested the 16 Hz recording rate will require a substantial
amount of data memory capacity on DFDRs that may not be available. This
would result in the removal of some recorded parameters or installing
new DFDRs having more data memory. Embraer proposed the FAA require a
recording rate of 8 Hz, or the maximum sensor output frequency,
whichever is less.

The FAA appreciates the detailed comments received on this subject. We
have reconsidered the proposal and agree that a 16 Hz recording rate,
while desirable, is not practicable for most installations. We remain
convinced that existing recording rates for certain primary flight
controls are lagging behind available technology and that a change is
necessary. Therefore, in the final rule, the new recording rate is 8 Hz
for specified parameters on aircraft manufactured two years after this
final rule. This rate will sufficiently increase the reliability of the
data received and will not require any modifications to the systems that
provide the parameter data to the DFDR system. For some newly
manufactured airplanes, additional recorder capacity may be required,
but the source equipment will remain as is installed today.

Boeing recommended that the final rule prohibit interleaving, since that
practice impacts the true sampling rate. Interleaving is the practice of
sampling inputs and combining those samples to comply with sampling rate
requirements. For example, if the left elevator position is recorded two
times per second, and the right elevator two times per second, the total
of these two measurements are combined to derive a sampling rate of four
times per second. This practice was originally necessary to meet the
sampling rate requirements on DFDR systems with smaller memory capacity.
This practice is undesirable because, in reality, alternating the inputs
only provides data at the lower rate for each interleaved position. In
some cases, such as for inboard and outboard aileron surface positions,
the inboard surface is locked out under certain flight conditions. When
the parameters from these surfaces are interleaved, the result is no
data for half of the samples.

We agree with Boeing and have changed the language of the final rule to
state that alternately sampling inputs to meet the applicable sampling
interval is not permitted. The prohibition on interleaving applies to
those flight control parameters subject to footnote 20 to part 121
Appendix M (and its equivalent in other operating parts).

# **2. 16 Hz Requirement - Applicability**

Four commenters (Bombardier, Dassault, Embraer and Honeywell)
recommended that any requirement to increase sampling rates apply only
to new aircraft type certification programs, rather than newly
manufactured aircraft.

Bombardier noted that a sampling interval of 0.0625 seconds (16 Hz)
would require a major redesign of existing equipment from the data
source through data concentrator units to the FDR. None of the current
equipment on Bombardier's products was designed to process data at 16
Hz. Bombardier contended the cost estimates in the NPRM severely
underestimated the equipment redesign costs and the subsequent test and
certification costs. These extensive changes would require more than two
years to develop and certify.

Dassault stated the proposed 16 Hz requirement could require a complete
electrical and mechanical modification, and result in a recertification
of the entire DFDR installation. In addition, Dassault noted that a 16
Hz sampling rate is too high for flight controls and adds no value.

Embraer stated that, on some of its airplanes, neither the force sensors
for the flight controls nor the data acquisition systems can support the
proposed sample rate of 16 Hz, and would require new equipment. Embraer
recommended a lower sample rate (8 Hz), and proposed that a 16 Hz sample
rate apply to new aircraft type certification programs only.

Honeywell noted that, for aircraft in production, any increase in the
sampling rate of a control surface position or a control input would
require a change to the systems that provide source data to the DFDR
system. Honeywell also stated that a sampling rate of 16 times per
second, while reasonable for some parameters, might be burdensome or
inefficient for others. Honeywell suggested that a performance-based
standard for recording would be superior to the one proposed, with the
actual rate to be established as part of the certification process.

We are adopting an 8 Hz requirement in the final rule rather than the 16
Hz proposed. Based on the comments, we have determined that 8 Hz is the
maximum rate that can be achieved without requiring modification of the
systems and equipment that provide individual parameter data to the DFDR
system. The need for some increase in the sampling rate has been
addressed in the NTSB recommendations, as well as a study done by the
FAA and NASA. The study clearly shows that critical control surface
position data can be lost at the lower sampling rates, and that it is
true for all aircraft. The final rule requirement for an 8 Hz recording
rate will apply to all newly manufactured aircraft.

**3. 16 Hz Requirement -- Other Comments**

The NTSB expressed disappointment that the proposed increase in the
sampling rate does not address existing aircraft, as called for in NTSB
Recommendation A-03-49.

As discussed in the NPRM, the FAA was unable to justify the substantial
economic burden that would be imposed on current operators to apply this
as a retrofit requirement. As detailed by the commenters, it is
anticipated that it could be a significant burden to incorporate into
newly manufactured aircraft, much less as a retrofit to much older
aircraft whose recording systems and source equipment are not equipped
to record at the higher proposed rate. While we recognize the benefits
of increasing the sampling rates of flight control parameters on
existing aircraft, we are unable to quantify that benefit or balance it
against the costs. The NTSB has not provided us with data that would
change this conclusion.

An individual commented that the proposed language "the sampling
interval per second is 16" for footnote 5 of Appendix E to part 91 is
ambiguous. The commenter recommended changing this to "the minimum
sampling rate is 16 samples per second" or "the maximum sampling
interval is .0625 second."

The proposed language is consistent with industry practice and the
footnotes already in Appendix E to part 91 and the other applicable
fight recorder appendices that have been in use for years. No change was
made based on this comment.

**L. 25-Hour Recorder**

Eurocopter stated the proposed increased duration for DFDR recording in
§ 91.609(c)(3) (25 hours) should not be applied to rotorcraft, based on
its experience that rotorcraft missions do not exceed 10 hours.

Based on its experience in investigating aircraft accidents and
incidents, the NTSB determined that an FDR duration of 25 hours would
address many of the issues it has faced. The FAA has chosen to make the
25-hour DFDR recording retention standard for all new aircraft. As the
commenter noted, increased recording time is a matter of memory, and is
not a technical challenge. While we acknowledge Eurocopter's suggestion
that regulations for fixed-wing aircraft and rotorcraft might have
different goals, we believe that the issue of recording time should be
maintained as a standard regardless of aircraft type. We have no data to
suggest that recording time needs be specific to aircraft type or
operation, and believe that standardization makes the regulations less
complicated and less expensive by using the same available equipment.

**M. Datalink Communication (DLC)**

**1. International Compatibility**

Three commenters, Airbus, Boeing and an individual, noted that the Joint
Aviation Authorities (JAA) is also preparing a regulation on DLC
recording and requested that the FAA ensure the U.S. regulations are
harmonized with the JAA's. They expressed concern that as proposed, the
regulations are incompatible.

The FAA believes the proposed DLC recording regulation is compatible
with the DLC regulations proposed by the JAA. The proposed rule is
designed to be performance-based, with the message set to be recorded
approved at the time of aircraft certification. Since we do not define
the message set, we do not foresee an instance in which a DLC system
certificated under the regulations proposed by the JAA would not be in
compliance with our requirement as proposed.

In response to the JAA's Notice of Proposed Amendment (NPA), the FAA has
sent several comments concerning general and specific provisions of the
proposal. We acknowledge that the two proposals are not harmonized, and
we believe the scope of the current NPA would result in significant
costs on some operators without a resulting safety benefit. We have
asked that several technical issues be clarified, including parts of
ED-112 and whether the regulation would apply to aircraft with ACARS
only. We will continue working with the JAA (and the European Aviation
Safety Agency (EASA) when it assumes responsibility for this issue from
the JAA) to make the regulations more compatible, but will not delay the
issuance of this rule since our rule is more performance-based and less
dependent on the resolution of individual technical issues.

The International Air Transport Association (IATA) stated that before
the United States proposes a DLC recording requirement, the
International Civil Aviation Organization (ICAO) should take the lead to
substantiate the datalink recording requirements and provide clear
guidance on the data that needs to be recorded (including its relevance
to accident investigation). The IATA stated that industry cannot address
the desired architecture for all aircraft types until these two issues
are resolved.

Since no specific message set is required, we consider our regulation to
be adaptable to ICAO or the JAA's proposed requirements at the time an
aircraft is certificated. We do not believe it is in anyone's interest
to wait for another international standard to be settled before
recording is required, and we built the described flexibility into our
standard.

# **2. Definitions of DLCs and Approved Message Sets**

Thirteen commenters addressed the issue of what DLCs should be recorded
and what would constitute an approved message set. These commenters
criticized the proposed requirement to record "all datalink
communications" as open to interpretation, ambiguous and poorly defined.
These commenters sought clarification and requested that clear guidance
material be available when the final rule is published. A sampling of
the comments on DLC message sets includes suggestions to:

-   Record "flight deck datalink communications" rather than "all" to
    eliminate the recording of navigation, surveillance and maintenance,
    and cabin and passenger communications.

-   Not require the recording of flight deck crew interaction, including
    cabin terminal messages, maintenance computer messages, engine
    condition monitoring messages, or atmosphere/wind reports.

-   Limit recording to communications between aircraft and air traffic
    control via the air traffic network.

-   Record all DLCs sent and received regardless of their content or
    format, or whether they are "approved message sets;" this would be
    the least restrictive to implement and provide the most information
    to investigators.

-   Place the definition of "approved data message set" in part 121 (and
    parts 91, 125 and 135 as appropriate), similar to the current FDR
    parameters.

-   Make the definition of approved message sets flexible to respond to
    changes in technology, such as higher bandwidth.

The types of messages and the content of those messages that will be
recorded will be determined during certification of the DLC system. The
rule language is performance-based, with the intent that system design
would be driven by customer needs and regulatory compliance. The
"approved message set" will be comprised of the messages provided by the
system being installed, and will be determined by certification
personnel. Concurrent with the publication of this rule, we are
publishing a Notice of Availability of Advisory Circular, AC 20-160. The
AC identifies Controller-Pilot Datalink Communications (CPDLC) as one
set of messages that are anticipated to be included in the required
message set. An example of a CPDLC message set can also be found in ICAO
Document 4444 "Air Traffic Management Procedures for Air Navigation
Services", Appendix 5. However, we anticipate that as new datalink
systems and capabilities are developed, the message sets of that
equipment will evolve and will need to be evaluated to determine which
parts need to be recorded to comply with the regulations. A rule that
requires approval at certification anticipates this evolution without
creating regulatory lists that cannot be changed as quickly as the
technology develops and thus hinders system evolution and improvements.

**3. Compliance Time**

The NTSB objected to the proposed requirement to record DLCs two years
after datalink equipment is installed. The NTSB failed to see the reason
for the delay when the installed communications equipment should have
the capability of outputting the required datalink messages to the voice
recorder at the time of installation.

The NTSB's interpretation of the proposed requirement is incorrect. The
requirement is to record DLCs on any aircraft on which DLC equipment is
voluntarily installed beginning two years from the effective date of the
final rule. For the first two years after the effective date of the
final rule, DLC equipment can be installed on aircraft regardless of
whether the messages can be recorded. However, beginning two years from
the date of the final rule, DLC messages must be recorded as of the date
of equipment installation or certification, whether the equipment is
installed as a retrofit or at new certification.

Northwest requested that, for newly manufactured aircraft, the
compliance date be extended to the 2010-2012 time frame rather than two
years after the final rule. Northwest stated that more time is needed to
approve the different message sets that will be used by air carriers and
to create the required ground infrastructure.

While developing the NPRM, the FAA considered the factors listed by
Northwest, but determined that two years from the effective date of the
final rule is sufficient for airframe and recorder manufacturers to
develop compliant systems for the DLC recording requirement, especially
since installation remains optional. No other comments were received
indicating this time period is insufficient. We also note that the topic
has been under consideration internationally for years.

**4. Existing DLC Capability**

Japan Air Lines (JAL) requested clarification on the applicability to
airplanes equipped with DLC equipment before the 2-year date, in order
to properly estimate the anticipated financial impacts and effects on
production and maintenance.

Similarly, AirTran requested the final rule specify that aircraft that
are DLC- equipment capable, but have never had it fully installed, are
not subject to the recording requirements. AirTran also requested that
the recording requirement not apply to airplanes on which DLC is
installed "post delivery" or it will deter installation of DLC
equipment.

Boeing stated the regulation should require datalink recording only if
DLCs are used operationally, rather than if DLC equipment is installed,
noting that many aircraft have the equipment, but it is not enabled or
used.

The requirement for recording DLC is determined when the DLC system is
installed and certified. If the system is installed and certified before
\[INSERT DATE TWO YEARS FROM THE EFFECTIVE DATE\], there is no
requirement for those systems to record messages. If the DLC system is
installed and certified (at manufacture or by retrofit) after \[INSERT
DATE TWO YEARS FROM THE EFFECTIVE DATE\], the DLC system must be
examined to determine whether its message set installed at the time must
be recorded. The messages that must be recorded become the approved
message set for that installation. If a provisional (inactive) system is
installed and certificated before \[INSERT DATE TWO YEARS FROM THE
EFFECTIVE DATE\] and requires no further certification when the system
is activated, then there is no recording requirement for that system
even if the activation occurs after two years. However, a change in such
a system (especially a change to the message set being used) may trigger
the requirement to record as though the whole system were a new
installation under the regulation.

# **5. Datalink Recording Requirement Applicability**

Several commenters (ATA, AirTran, Airbus, Boeing and RAA) suggested that
the applicability of the datalink recording requirement be changed or
that the requirement be completely withdrawn. The ATA proposed that
on-board recording of datalink communications "only apply to new
(datalink system) installations on aircraft in production." Airbus
concurred with the requirement for newly manufactured aircraft, but
requested that the requirement for recording messages from newly
installed systems on existing aircraft be delayed until 2010. The RAA
requested that "the proposal to retrofit airplanes for recording
datalink messages also be withdrawn." Boeing commented that "\[T\]he
appropriate point to introduce onboard recording is at a new airplane
type certification program or, for existing production models, at a
major upgrade to the next generation of datalink communications, such as
FANS 2 or equivalent." The commenters provided the following reasons in
support of withdrawing the requirement or changing the proposed
recording applicability: []{.mark}

-   High costs of incorporation would delay and/or prevent the
    installation and use of DLCs, diminishing the safety benefits
    associated with datalink operations, and the benefits of reduced
    separation and increased traffic.

-   Incorporation during a new type certification program lessens the
    economic impact by allowing it to be introduced during the aircraft
    design process.

-   Most DLC applications are related to air traffic control, are still
    evolving, and are not yet sufficient to replace the
    aircraft/controller voice communication entirely or to supplement
    voice communication as planned.

-   Current DLC systems cannot support recording functions without
    significant upgrades or replacement with newer systems. The aircraft
    modifications required would significantly exceed the expenses for
    changing the CVR and wiring only.

The FAA recognizes these concerns, but we continue to believe that the
two year applicability in the rule provides the best balance of
compliance time and technological development. If an operator cannot
justify the expense of a recording system for a new DLC installation,
then it is because the benefits of having the system will be outweighed.
This is why we tied the requirement to the voluntary installation of DLC
systems. The recording requirement remains the same as proposed -- that
new installations (at certification or on retrofit) of datalink
accomplished two years after the compliance date must be recorded.

**6. Technical Issues**

An individual commenter questioned the amount of memory needed to meet
the two-hour DLC recording requirement. This commenter noted the amount
of data that could theoretically be received in two hours will increase
as developments in DLCs are deployed. Therefore, an agreed methodology
(for formatting and storing messages in memory) will be needed to
support certification.

Smiths concurred with the proposed rule, and noted the capacity of DLCs
to be recorded is dependent on the aircraft system design (such as an
ARINC 429 databus or AFDX network). Smiths expressed concern that too
many messages to be recorded could exceed the capacity of the allocated
2-hour recording partition.

To meet current recorder requirements, recorder manufacturers have
developed procedures to calculate the necessary memory requirements
depending on system design and installation. Therefore, the FAA has no
reason to believe these manufacturers will be unable to determine the
amount of memory needed to meet the two-hour DLC recording requirement.

The NTSB noted that adding a properly placed cockpit video camera would
allow DLCs displayed to the crew to be recorded on the video image
recorder. Since the use of video technology would not require any
modifications to an aircraft's communication or display systems, the
NTSB stated that this approach to recording DLCs might greatly reduce
the time and expense of retrofitting older aircraft.

Our NPRM did not propose the installation of cockpit video cameras and
our regulatory evaluation did not include their use in cost estimates or
benefits analysis, nor has the use of cockpit video been proposed for
public or industry comment. The issue of cockpit video is unsettled and
would dramatically delay the implementation of DLC recording standards
that are already being developed internationally. The FAA is not adverse
to certification of an image recorder system that meets the operational
requirements of this rule, but no image recording system will be
mandated to comply with DLC recording requirements.

**7. TSO for DLC**

Bombardier recommended that a TSO for CVRs with datalink recording
capability be prepared and released for comment with any proposed
operating rule mandating the use of TSO approved equipment where DLC
recording is required.

The FAA has issued TSO-C176 which identifies the minimum performance
standards for a Crash Protected Datalink Recorder. The TSO is based on
EUROCAE minimum performance standards document ED-112. Our TSO allows
the certification of a stand-alone recorder or a recorder that combines
this function with other recorder functions (DFDR, CVR).

The ALPA disagreed with the proposal to record two hours of DLCs and
recommends they be recorded for the entire duration of flight. The ALPA
stated that the importance of DLCs to an investigation makes it
imperative that these communications be captured for the entire duration
of flight. The commenter believed this would most easily be accomplished
by recording these communications on the FDR.

Since the duration of any particular flight is variable, the FAA has
established a minimum DLC recording duration of at least two hours to
match the requirement for the CVR. Ground stations also record CPDLC
messages, so any messages that occur outside of the 2-hour minimum could
be retrieved from a ground source.

**N. Recordation of Cockpit Communication or Audio Signals**

The NPRM proposed that the expansion of the recordation of cockpit audio
signals be the same for all part 23 and part 25 aircraft regardless of
operating part. No comments were received on this portion of the NPRM,
and the proposal is adopted without change.

**O. Checklist-to-Checklist Requirement**

#  The FAA proposed language to standardize across all operating parts when CVRs must be in operation. This is known as the "checklist to checklist" requirement. 

Five commenters, ATA, Boeing, Dassault, Northwest, and one individual,
said the proposed language was confusing. The ATA and one individual
commenter noted the proposed wording could require changes to existing
CVRs from ones that operate once electrical power is applied to the
respective power supply bus, to ones that can be switched "on" or "off"
by the flight crew when the checklist is used.

Northwest stated that while most of its aircraft appear to meet the
intent of this language, the proposed language could require an
automatic shutoff of the CVR on completion of the final checklist. Since
some CVR systems stop the CVR five minutes after final engine shutdown,
this situation would require a costly retrofit. Northwest added that any
such requirement should not be effective at the adoption of the final
rule, since changes may take longer to implement.

Boeing proposed changing the language to clarify that the goal is a
minimum recording time as described. Boeing also suggests a longer
compliance time. It inferred the intent of the proposal is to record
cockpit voice communications as soon as possible before the flight and
as long as possible after the flight.

The FAA reviewed the proposed language and agrees with the commenters
that a change in the current language could cause undue confusion. It
was never our intent to change the current operation of CVRs. In
preparing the NPRM, we found the existing regulations on CVR start/stop
criteria lacked consistency between operating parts. We were trying to
address this issue by proposing a single standard that specified the
minimum time period for CVR operation (checklist-to-checklist). CVR
operation was not intended to be limited to this minimum time period,
and existing CVR systems would not need to be modified to run only
during this minimum time period if their current operation had them
starting sooner or ending later than the proposed criteria.

We also discovered that providing consistent language throughout the
operating parts could be more complicated and confusing than warranted
by the minor inconsistencies that now exist. Questions of compliance
time, applicability to aircraft of certain age, and the differences in
the construction of the operating parts have caused us to decide not to
adopt the proposed language. Since we never intended to change how CVRs
operate, the decision to leave the current language in the rules is not
expected to have any negative effects. Where new applicability
paragraphs are being adopted, they will use the same checklist language
as had been used previously in that part.

# We received a considerable number of comments regarding specific operation of CVRs under the proposed checklist to checklist requirement. Since we have decided not to include the proposed change in the final rule, we are not including any discussion of those comments. 

**P. Deployable Recorders - Request for Comments**

In the NPRM, the FAA sought comments and information about the
feasibility of and specifications for a deployable flight recorder
system. We received 12 comments in response to this request. Eight
commenters (ALPA, DRS Technologies (DRS), Hall and Associates, LLC
(Hall), National Air Disaster Alliance/Foundation (NADA/F),
Representatives John J. Duncan, Jr. and William J. Pascrell, Jr. in a
joint submission, and Representatives Harold Rogers and David Price in a
joint submission) supported the use of deployable recorder systems.
These commenters cited a number of reasons for supporting deployable
flight recorders, including:

-   Since fixed and deployable recorders have different survivability
    characteristics, the use of both types would provide maximum
    redundancy and improve the odds of recovering complete, undamaged
    recorders for data analysis.

-   Deployable system technology could dramatically reduce the time and
    cost to locate and recover recorders.

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-   The expansion of aviation practices such as the production of larger
    aircraft, increasing numbers of flights, increased polar and over
    water flights, and the onset of free flight, present new demands on
    investigators and compound the need for immediate access to better
    information.

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-   The time savings associated with recovery would have a dramatic
    affect on the US economy. Since September 11, 2001, an airline crash
    without a known cause is more likely to cause the traveling public
    to lose faith in the air transportation system, costing the U.S.
    economy billions of dollars.

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-   Current recorder standards no longer meet safety and security needs,
    where heightened security threats demand that officials have
    complete information as quickly as possible to determine the cause
    of a crash.

Five commenters (Boeing, IATA, Northwest and two individuals) did not
support the use of deployable recorder systems for several reasons,
including:

-   Since existing recording systems provide enough data and are
    protected from all but the most extreme crash conditions, it is
    doubtful that a deployable flight recorder would significantly
    increase data survivability.

-   The survivability and recoverability of the current fixed recorders
    is acceptable and the costs of implementing deployable recorder
    systems are not balanced by sufficient benefits.

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-   Deployable recorder systems may present a safety hazard if the event
    of an inadvertent deployment over populated areas or active runways,
    or if manual deployment distracts a flightcrew from its primary
    tasks during an emergency.

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-   The safety hazards to maintenance personnel or the public from a
    misfire are considerable.

Smiths expressed neither objection to nor support for deployable
recorder systems, but said that, because of uncertain dynamics,
deployable systems should be qualified to the identical survivability
requirements as fixed recorders.

The FAA appreciates all the information provided in response to our
request for comments. This information is helpful and will aid us in
understanding the technology involved, possible future applications for
deployable recorder systems, and the consequences of their design and
installation.

Despite several requests, this final rule does not include a requirement
for deployable recorder systems. The request for comments in the NPRM
was made to bring the issue to the public's attention. We would need
significant amounts of information concerning design and cost before we
could begin to properly assess such an addition. We will not delay the
CVR and DFDR improvements promulgated in this final rule while we
continue our analysis of new technology. Deployable recorder systems may
be addressed in a future rulemaking action.

**Q. Miscellaneous Comments**

**1. Applicability**

Four commenters (Boeing, Radiant and two individuals) suggested changes
to the general applicability of the proposed rule. Boeing stated that
all aircraft operating in the U.S. should be subject to the proposed
requirements. Boeing noted that accidents and incidents involving
non-U.S.-registered aircraft (such as EgyptAir 990) have been the
subject of FAA and NTSB investigations, and stated that the additional
data gained from investigations involving these aircraft would be just
as useful as in data gained during investigations of U.S.-registered
aircraft.

Two individual commenters suggested that we expand the applicability of
the proposed rules. One recommended the rule apply to all carriers,
while another suggested the rule should apply to all operators and
manufacturers.

In contrast, Radiant asked us to restrict the final rule to aircraft
with a "reasonable service life remaining" or a "foreseeable future in
commercial aviation." Radiant proposed limiting the final rule to those
aircraft models being manufactured as of December 31, 2005. Radiant
stated this change would result in a modern CVR and independent power
supply being installed in most of the world fleet of active commercial
aircraft.

Like all countries, the FAA has limited authority to require the
installation of particular equipment on aircraft not on our registry but
merely flying in our airspace.

Similarly, while the NTSB plays a primary role in investigating
accidents involving U.S.-registered aircraft, its role in investigations
involving other countries' aircraft is usually by invitation. The
accident investigation authority from the country in which the aircraft
is registered usually leads these investigations and may ask the NTSB to
participate. Other regulatory authorities are free to increase the
CVR/DFDR regulations for aircraft of their registry if they desire.

Further, this final rule changes the regulations in both certification
parts (23, 25, 27, and 29) and operating parts (91, 121, 125, 129, and
135), affecting anyone who is regulated by those parts. While some
operators were excluded from certain retrofit requirements adopted here,
that was done following considerable analysis that showed a significant
economic burden would be imposed. Our analysis demonstrates that the
scope of the final rule is sufficient to meet the safety goal of more
reliable flight information at an acceptable cost.

Finally, Radiant did not provide any criteria for determining what a
"reasonable service life remaining" would be, nor its proposed
"foreseeable future in commercial aviation." As such, we have no
response. Radiant's proposed cutoff date ("airplanes that are still
being produced as of December 31, 2005") would exclude several popular
aircraft models from the final rule, including the Boeing 757 and 737
"Classic," and all McDonnell Douglas airplanes. These airplanes are
expected to remain in the U.S. fleet in large numbers for many years.
Radiant's proposed date would also exclude seven of the eight aircraft
models involved in the incidents/accidents cited in the NTSB
recommendations that are the basis for this rulemaking. No changes to
the final rule were made based on these comments.

**2. Harmonization**

Five commenters (AIA, Airbus, Boeing, Bombardier and one individual)
expressed concern that the proposal in the NPRM is not harmonized with
parallel activities currently being considered by the JAA. These
commenters consider it vital that these regulations are harmonized or
the affected industry could face conflicting requirements, significant
compliance costs and potentially complex system designs in an attempt to
satisfy two different sets of regulations. The commenters suggest that a
common set of technical requirements be implemented within a similar
time frame. Since both the FAA and the JAA are proposing flight recorder
changes, the commenters urged the FAA to use this opportunity to
harmonize the requirements before promulgating a final rule.

The FAA continues to work with JAA (and we will work with the European
Aviation Safety Agency (EASA) when it takes over responsibility for this
issue from the JAA), ICAO and other non-U.S. regulatory bodies to
harmonize our regulations whenever possible, but we do not change our
position or our regulations solely for the sake of harmonization. When
we determine that the need exists for a certain regulation, and the
other regulatory agencies find that a more stringent or lenient
requirement is appropriate, we review their findings and will revise our
regulation if our regulatory goals are met, an equivalent level of
safety is achieved, and there is no burden imposed on the industry if a
change is made. This is the approach we have taken when drafting the
NPRM and this final rule, but we will not delay the timing of our
rulemaking simply to accommodate the continuing consideration of issues
by numerous other regulatory bodies.

**3. Definition of "Date of Manufacture"**

Dassault noted the "date of manufacture" determines the applicability of
certain requirements and the NPRM does not define this term. This
omission could lead to different interpretations and disagreements
between operators, manufacturers and the FAA. Therefore, Dassault
recommended the FAA define this term in the final rule.

While we use the term 'date of manufacture' in several regulations, we
do not routinely define it each time. In general, the date of
manufacture is usually considered the date an aircraft receives its
airworthiness certificate. There may be other circumstances that modify
this date, however, and we will not attempt to set a strict definition
for purposes of this rule.

**4. CVRs - Automatic Stop Requirement**

The NTSB and Airbus recommended removal of the existing requirement that
CVRs have an automatic means of stopping 10 minutes after crash impact.
They both noted the proposal to replace the 30-minute CVR with a 2-hour
CVR makes this requirement less important.

While it may seem appropriate to remove a rule that was originally
written for short-duration recorders, removal of a certification rule
has a broader impact than suggested by the commenters. Because the
2-hour recorder requirement is an operating rule, the effect of removing
a certification requirement is not parallel. And although the 10-minute
rule may be considered less important, it is not without merit and
cannot be considered unnecessary.

The commenters did not make a case that the current certification
requirement is burdensome, or that it is a hindrance or inconsistent
with the proposed new operating requirements, only that it is less
important than it once was. The NTSB comment indicates that its real
concern is the use of switches that can be activated prematurely as a
means of implementing the stop criteria. While the NTSB suggested that
gravitation accelerator switches (g-switches) can be removed at the time
of replacement with a 2-hour solid state recorder, their suggestion does
not include the actual g-switch ban they desire, the regulation in which
that change might be implemented, or the costs to implement it. The two
largest aircraft manufacturers are already producing airplanes with
2-hour solid state recorders, which means the aircraft already comply
with the rule. Removing the g-switches would be a new retrofit on which
we have not solicited comment, including alternative technologies for
complying with the certification rule, and for which we have no cost
estimates. The comments are insufficient to support the need for, and do
not properly estimate the scope of, the recommended change. No change
has been made to the regulations based on this comment.

**5. FDRs - Start/Stop Criteria**

The ALPA recommended changing the DFDR start/stop criteria to mirror the
proposed CVR criteria for newly manufactured and new certificated
designs. It noted that at least one manufacturer has DFDR start/stop
criteria based on the status of the parking brake, which can adversely
affect the ability to obtain complete, accurate or relevant DFDR data.

The NTSB proposed different DFDR start/stop criteria. The NTSB stated
that the FDR should start operating either before engine start for the
purpose of flight or by an automatic means when engine oil pressure is
sensed on any engine. The DFDR should then operate continuously until
termination of the flight when all engines are shut down.

The NTSB also requested a change to the airworthiness requirements in
the regulations. This change would provide for the automatic application
of electrical power to the DFDR at liftoff to safeguard against the
failure of any automatic or manual means of powering the DFDR.

The FAA is not including the changes to DFDR start/stop criteria. There
is no historical evidence that the start/stop functions on aircraft have
interfered with accident investigations. The only aircraft cited by ALPA
are no longer in production, so requirements for newly manufactured
airplanes would have no effect. We believe the existing regulations on
DFDR start/stop criteria are satisfactory. These regulations require the
DFDR to operate from the instant the airplane begins its takeoff roll
until it has completed its landing roll. We believe this standard allows
the DFDR to capture all the critical data from the recorded parameters
during all phases of flight.

In addition, neither ALPA nor the NTSB indicated how their proposed
changes would significantly improve the quality or quantity of
information recorded, or increase the potential for retaining important
information needed during accident and incident investigations. As the
NTSB pointed out, most airframe manufacturers and operators already
begin DFDR operation at engine start. Therefore, the proposed changes
would have no effect on these aircraft. As for the Canada Air Challenger
CL-600 accident cited by the NTSB, this is not an example of a drawback
of the existing DFDR start/stop criteria. The manufacturer's design to
start DFDR operation once the anti-collision (strobe) light switch is
placed in the "on" position allows operators to meet the existing DFDR
start/stop criteria (as long as the switch is "on" before takeoff roll
begins). The fact that the pilots of the CL-600 involved in the accident
failed to take this step implies an operational error and not a design
problem with the airplane.

Finally, changing the FDR start/stop criteria was not proposed in the
NPRM. We did not perform a regulatory evaluation of the impact of this
change, and no costs for implementation were provided by either
commenter suggesting it. Since we are unable to support the change as
necessary, we are not incorporating it in this final rule.

# **6. DFDR Activation Switch -- Request for Comments**

In the NPRM, the FAA requested comments on the cost to retrofit a switch
for the flight crew to activate the DFDR to record at the start of the
checklist. We received only one comment in response to this request.
Boeing asked if there was a typo in the request (CVR rather than DFDR),
as this subject matter is not discussed elsewhere in the NPRM.

The request for comments on this subject was an error in the NPRM. We
believe the existing regulations on DFDR start/stop criteria are
satisfactory.

# **R. Errors and Inconsistencies in NPRM**

Dassault noted the sampling interval of parameter 23 in Appendix F to
part 135 would change from 0.5 (= 2 Hz) to 0.25 (= 4 Hz). However, the
sampling interval for the same parameter in Appendix M to part 121 and
Appendix E to part 125 remains unchanged (0.5 (= 2 Hz)). Dassault
recommended no change to parameter 23 in Appendix F to part 135 so it is
consistent with Appendix M to part 121 and Appendix E to part 125.

The proposed changes to parameter 23 in Appendix F were in error. No
change is being made to that parameter.

Airbus and Boeing noted that proposed § 129.1(b) removes the requirement
that §§ 129.16, 129.32, and 129.33 apply to operations of
U.S.-registered aircraft solely outside the U.S. Those sections refer to
damage-tolerance inspections, repair assessments and aging airplane
requirements. Airbus and Boeing assumed this omission was inadvertent
and recommended the FAA change § 129.1(b) to reinsert these
requirements.

The FAA thanks the commenters for bringing this to our attention. The
proposed rule intended only to add new § 129.22 (now § 129.24) to the
applicability of § 129.1(b), not to eliminate any existing requirements.
This has been corrected in the final rule.

Airbus and Boeing noted errors in part 121 Appendix M, part 125 Appendix
E and part 135 Appendix F for the resolution of parameters 12a, 14a, 15
and 88. They stated that they believe the existing resolutions for these
parameters are correct and were not meant to be changed.

The FAA agrees. The final rule reflects the resolutions for those four
parameters without change.

Boeing stated the new wording in the "Remarks" column for parameter 1 in
part 121 Appendix M is unclear. Boeing noted its preference for the
existing language and proposed the FAA keep it.

The published version of the NPRM introduced an error; the "Remarks"
column was not intended to be changed except to correct the word
"second" to "seconds."

Boeing recommended the FAA make several editorial changes to part 121,
Appendix M as clarifications:

(i) In the "Parameters" column for Parameter 23, insert the word "speed"
    before "brake."

(ii) In the "Parameters" column for Parameter 19, change the word
     "trime" to "trim."

(iii) In the "Resolution" column for Parameter 26, revise the existing
      wording "1 ft + 5% above 500 ft" to read "1 ft up to and including
      500 ft, 1 ft + 5% of full range above 500 ft."

The Parameter 23 listing is corrected in the final rule. Since the
Parameter 19 listing is correct in the 2006 Code of Federal Regulations,
no further action is necessary. Regarding the Parameter 26 listing,
Boeing presented nothing to indicate that the current text is a problem
or has led to misunderstanding, and has given no reason other than its
preference why this should be revised. No change has been made in the
final rule.

Boeing also stated that the "Remarks" column for Parameter 85 should be
corrected, from "0.5 second" to "2 seconds" because, when sampled
alternately at 4-second intervals as indicated in the table, the result
will provide a sample each two seconds.

The commenter is misreading the rule; the specification is correct as
published. The suggested rewording would double the sample time. Two
seconds refers to four interleaved samples of 0.5 seconds each.

Honeywell had two comments about the language in § 91.609. First,
Honeywell noted the proposed addition of paragraphs (i), (j) and (k) and
asked why there is no paragraph (h). Second, Honeywell asked why the
phrase "...using a recorder that meets the standards of TSO-C124a, or
later revision" is missing in § 91.609(c)(2) when it is in §
91.609(c)(3) and other proposed similar revisions.

In 1999, the FAA issued Notice No. 99‑19 (64 FR 63140, November 18,
1999), which proposed to increase the number of DFDR parameters required
for all Boeing 737 series airplanes. A new paragraph (h) for § 91.609
was part of that proposal. When this rule was proposed, the next
available paragraph was (i). Since this final rule will publish before
the 1999 proposal, the paragraphs added to § 91.609 in this rule will be
(h), (i) and (j).

Honeywell is incorrect about including TSO-C124a in § 91.609(c)(2).
Inclusion of the standard would be a retrofit we did not intend nor
estimate the costs for. The TSO-C124a standard is for newly manufactured
aircraft only.

**S. Items Not Proposed**

Four commenters (ALPA, the NTSB and two individuals) recommended the FAA
add new CVR and DFDR requirements as part of this final rule.

The ALPA requested that we require all newly manufactured CVRs and DFDRs
to meet the underwater locator beacon (ULB) security-of-attachment
standard specified in the EUROCAE ED-112 document. The ALPA noted that
in some recent accidents there have been cases where the ULB has become
nearly or fully separated from the CVR or FDR memory module.

The ULB standard of ED-112 standard is included in all of the new FAA
TSOs on recorders (numbers 123b, 124b, 166 and 167).

Three commenters (NTSB, ALPA and L3) recommended that the FAA require
the replacement of magnetic tape flight recorders in the final rule. The
commenters noted that magnetic tape FDRs are more problematic than
magnetic tape CVRs and far less reliable than solid-state DFDRs.

The replacement of magnetic tape flight recorders was not proposed in
the NPRM and represents a significant change that is beyond the scope of
the rulemaking. The commenters did not provide any data on the extent of
usage or the cost of replacement, nor has the public (including affected
operators) been allowed to comment. The final rule does not contain a
provision requiring the replacement of magnetic tape FDRs.

The ALPA expressed concern the FAA did not propose any new requirements
in response to NTSB Safety Recommendation A-03-050 that was issued
following the Board's investigation of the American Airlines flight 587
accident that occurred at Jamaica Bay, New York on November 12, 2001.
During the investigation, the NTSB determined that the rudder (and
other) control surface position information recorded on the DFDR was
filtered before it was recorded. This filtering made it difficult for
the NTSB to approximate the actual rudder surface movement during the
accident. The NTSB recommended that the FAA act to remove known flight
control parameter filtering on three models of aircraft. In its comment,
ALPA urged the FAA, as part of this rulemaking, to consider additional
DFDR modifications in response to the NTSB recommendation.

On July 7, 2004, the FAA hosted a public meeting to discuss the NTSB
recommendation and the issue of filtered flight data in general. The
purpose of this meeting was to gather information from industry and
other interested parties about current practices on processing of data
as it is recorded on all transport airplanes. Representatives from
Airbus, ALPA, the Allied Pilots Association (APA), Boeing and the NTSB
each made presentations at the meeting.

We completed our analysis of issues surrounding filtered flight data and
the options available to us to address the NTSB's recommendation. On
November 15, 2006, we published a proposed rule that addresses filtered
flight data (71 FR 66634) and this subject is being addressed as a
separate regulatory issue.

Six commenters supported the use of a ground recording system. Five of
these commenters (APA, AirTran, RAA and two individuals) raised this
issue as part of their objection to the datalink communication (DLC)
proposal. These commenters noted that ground recording is a more cost
efficient means of capturing DLCs since the same data that will be
recorded on the aircraft is available for accident investigation at the
receiving ground based stations. These commenters see no merit in
requiring DLC recording on aircraft.

The remaining individual commenter suggested a ground recording system
as an alternative to recording any data on an aircraft as this would
eliminate the loss of data during a crash.

The FAA agrees that ground recording systems are a useful tool to assist
in accident investigations. However, these systems cannot be adopted as
the primary source of data recording. In the past, the NTSB and other
accident investigators have encountered significant problems in
acquiring ground recorded data. Liability and other legal concerns have
caused some private entities that perform ground recording and some
foreign governments to delay the release of recorded data for long
periods. The NTSB and other accident investigators have repeatedly
expressed their desire that recorded data remain on the aircraft because
of the immediate availability of the data once the recorders are
located.

Further, for ground recording systems to function as intended, all
countries or private entities recording data would need compatible
systems, the specifications for which have not been proposed. There are
no international standards in place for such recording, and we have no
way of ensuring that it would happen.

The ALPA suggested we require a system that provides an electronic
common time reference information to the CVR, the DFDR, and any other
onboard recorders. They noted that, as part of every accident
investigation, the relative timing of the CVR and DFDR events must be
determined, and that it is a manual, labor-intensive effort by accident
investigators that could introduce uncertainty into the results. A
system to provide electronic common time reference information to the
CVR and DFDR would eliminate these problems.

The NTSB viewed installing the new 2-hour CVR as an ideal opportunity to
require all aircraft equipped with a CVR to also have pilot boom
microphones.

An individual asked us to consider accelerometer outputs and wheel
rotation as required parameters. The commenter noted that current
accelerometer outputs are extremely noisy, making it difficult to
extract usable data. The commenter suggested that recording wheel
rotation is an excellent way of determining initial touchdown.

For the balance of the issues, none of these were included in the NPRM
and are beyond the scope of the proposed rule changes. The commenters
did not submit any data on the cost of the suggested changes, nor have
they been estimated as part of this rulemaking. While they may be worthy
considerations for future rulemaking, none of the suggested changes are
necessary as part of the changes being adopted in this rulemaking. No
changes have been made to the final rule based on these suggestions.

**T. Comments on Cost/Benefit Analysis**

Empire Airlines said that the FAA's cost-benefit analysis did not
consider the cumulative economic impact of the several operational and
equipment rules the agency has issued during the last two years.

Our regulatory evaluations estimate the cost of each rule individually.
Different rules affect different parties and the cumulative impact on
any one operator would be impossible to estimate and would not be
relevant for any other operator.

An individual commented that the FAA's economic analysis did not include
the cost to re-engineer equipment and to install the equipment for
recording datalink communications if DLC equipment is installed after
the compliance date.

In the Initial Regulatory Evaluation, we estimated a cost of \$762,500
the first time a manufacturer engineers a DLC recording system. We
estimated a cost of \$262,500 for engineering the second airplane model,
presuming much of the work from the first can carry over. Similarly, we
estimated an engineering cost of \$75,000 for each remaining model in a
series. Retrofitting an aircraft to be DLC capable would require
significant engineering, while the cost of engineering to record
datalink communications would be a minimal extension of the overall
effort with a resultant minimal cost.

Bell Helicopter stated that compliance with the "no single electrical
failure could disable both the CVR and DFDR" requirement is open to two
interpretations -- each of which would have different cost implications.
If the correct interpretation were that "No failure of a single
electrical bus shall disable both the CVR and DFDR", it estimates that
it would cost \$100,000 per "application" to comply with the rule, plus
a recurring cost of approximately \$5,000 to the operator. If the
correct interpretation is that "No single electrical failure external to
the recorder, or the failure of any single electrical component within a
combined CVR/DFDR, shall disable both the CVR and DFDR", Bell states
that all or most of the current recorders will be obsolete. If this
occurs, "a major industry wide design will be required." Bell estimates
that costs for development of a new recorder and TSO would be in the
millions of dollars, recertification costs will be approximately
\$250,000 per model, and the recurrent costs to operators will approach
\$50,000 per rotorcraft to replace existing recorders."

As discussed previously, we have added the phrase "external to the
recorder" to clarify our intent. We accept Bell's estimated cost of
\$100,000 per model with a recurring cost of \$5,000 to the operator.
The IATA commented that the airlines must carry the costs of all the new
requirements, and that the FAA did not substantiate the benefits of the
proposed changes in the accidents cited in the NPRM. The IATA also noted
that the proposed benefits are speculative, in that they "may result in
safety benefits," and thus do not justify the costs in equipment and
impact on operations.

As described in the Initial Regulatory Evaluation, any benefits from
this final rule are dependent upon investigating authorities gaining
additional, better quality information that they are able to use to
determine the causes of future accidents with greater certainty, which
could result in safety improvements being adopted sooner. We are unable
to predict with certainty whether this additional information will or
will not provide incremental benefits in the investigation of any future
accident or incident. This has always been true for flight recorder
requirements, which by nature do not fit the traditional cost/benefit
analysis. As always, we rely on the expertise of the NTSB that the
additional information is important to its ability to fully investigate
accidents and incidents as aircraft technology evolves.

Regarding the proposal to require 2-hour solid state CVRs, Northwest
commented that it would have to modify 105 of its 30-minute solid state
CVRs at a cost of \$767,000 (a per airplane cost of about \$7,300) and
replace 15 CVRs at a cost of \$180,000 (a per airplane cost of
\$12,000).

In the Initial Regulatory Evaluation, we estimated retrofitting a
30-minute solid state CVR would cost about \$8,140 (\$7,500 for the
equipment and \$640 for the labor). Since our estimates were based on
older information, we accept Northwest's estimate of \$7,300 per
airplane and have used it in the Final Regulatory Evaluation. We also
estimated that it would cost \$17,500 to replace a unit, and are
adopting Northwest's estimate for use in the Final Regulatory
Evaluation. No other comments on these costs were received.

Northwest also described three costs it believes should be added to the
regulatory evaluation: (1) The cost to modify a solid-state CVR from
TSO-C123 to TSO-C123a; (2) The cost for new test equipment to download
and decode additional datalink information from the CVR; and (3) The
additional routine maintenance cost, such as battery reconditioning, for
the CVR-RIPS installed on new aircraft.

Regarding the cost of conversion to TSO-C123a, we contacted four of the
major equipment vendors, who stated that their CVRs manufactured under
TSO-C123 already meet the requirements of TSO-C123a, and that if
necessary, a service bulletin could be issued to re-identify the
recorder.

Regarding the cost of DLC test equipment, as we stated in the Initial
Regulatory Evaluation, we believe this cost would be minimal. Northwest
did not provide any estimated costs for this item, no other commenter
raised it as a cost issue, and DLC remains an optional installation.
Accordingly, we have no basis to change our estimates on the cost of
this item.

Regarding additional maintenance costs, in the Initial Regulatory
Evaluation we estimated that the average RIPS battery would be replaced
every two years; we will continue to use that estimate in our cost
calculations. We also estimated that one additional hour would be
required for the CVR-RIPS system maintenance; we have used that estimate
in our cost calculations in the Final Regulatory Evaluation.

Boeing stated that the total cost of all the proposed requirements were
undervalued by 20 to 35 percent. In making this statement, Boeing cites
costs associated with equipment, testing, and certification and
"uncertainties in the statement of work" such as the DLC requirements
"are driving a level of assumptions that affect potential cost
outcomes."

We accept that Boeing's information is based on more recent information
than we used for the Initial Regulatory Evaluation, and have revised our
Final Regulatory Evaluation to include this estimate. No other
commenters presented specific information addressing this issue.

**Section-By-Section Analysis**

The following is a summary of the changes to the current text of the
regulations. This summary does not include the reasons for these changes
because we have already discussed them as part of the above disposition
of comments.

**A. Part 23 \-- Airworthiness Standards: Normal, Utility, Acrobatic,
and Commuter Category Airplanes**

Section 23.1457, Cockpit voice recorders, is being amended to:

(1) Add a new paragraph (a)(6) requiring the recordation of datalink
    communications. No change was made from the language proposed in the
    NPRM.

(2) Amend paragraph (d)(1) to add the duration of CVR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(3) Add a new paragraph (d)(4) regarding a single electrical failure not
    disabling the CVR and DFDR. The final rule adds the phrase "external
    to the recorder" as requested by commenters to clarify where the
    failure may not occur.

(4) Add a new paragraph (d)(5) that requires an independent power source
    for the CVR and the cockpit-mounted area microphone, the capacity
    for automatic switching to the independent source, and the allowable
    location of the power source. At the request of the commenters, the
    final rule specifies the duration of power as 10 +/- 1 minutes, adds
    the area microphone, and specifies the location of the power source.

(5) Add a new paragraph (d)(6) requiring that the CVR be in a separate
    container from the flight data recorder. No change was made from the
    language proposed in the NPRM.

(6) Revise paragraph (e) by expanding the CVR location requirements to
    include the use of a combination recorder that acts as the CVR and
    its location near the cockpit. This was not included in the language
    proposed in the NPRM. Comments concerning the use of combination
    recorders with an independent power source led to the addition of
    these provisions to clarify these possibilities and change the
    allowable location of the CVR.

Section 23.1459, Flight data recorders, is being amended to:

(1) Revise paragraph (a)(3) to add the duration of DFDR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(2) Add a new paragraph (a)(6) regarding a single electrical failure not
    disabling the CVR and DFDR. The final rule adds the phrase "external
    to the recorder" as requested by commenters to clarify where the
    failure may not occur.

(3) Add a new paragraph (a)(7) requiring that the DFDR be in a separate
    container from the CVR, and that a combination recorder may be used.
    If a combination recorder is used to comply with the CVR requirement
    and located near the cockpit, the aft-mounted DFDR used to comply
    with this paragraph must also be a combination unit. The language
    proposed in the NPRM was changed to mirror the revised requirement
    for CVRs in § 23.1457(d)(6) and (e)(2).

**B. Part 25 -- Airworthiness Standards: Transport Category Airplanes**

Section 25.1457, Cockpit voice recorders, is being amended to:

(1) Add a new paragraph (a)(6) requiring the recordation of datalink
    communications. No change was made from the language proposed in the
    NPRM.

(2) Amend paragraph (d)(1) to add the duration of CVR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(3) Add a new paragraph (d)(4) regarding a single electrical failure not
    disabling the CVR and DFDR. The final rule adds the phrase "external
    to the recorder" as requested by commenters to clarify where the
    failure may not occur.

(4) Add a new paragraph (d)(5) that requires an independent power source
    for the CVR and the cockpit-mounted area microphone, the capacity
    for automatic switching to the independent source, and the allowable
    location of the power source. At the request of the commenters, the
    final rule specifies the duration of power as 10 ± 1 minutes, adds
    the area microphone, and specifies the location of the power source.

(5) Add a new paragraph (d)(6) requiring that the CVR be in a separate
    container from the flight data recorder. No change was made from the
    language proposed in the NPRM.

(6) Revise paragraph (e) by expanding the CVR location requirements to
    include the use of a combination recorder that acts as the CVR and
    its location near the cockpit. This was not included in the language
    proposed in the NPRM. Comments concerning the use of combination
    recorders with an independent power source led to the addition of
    these provisions to clarify these possibilities and change the
    allowable location of the CVR.

Section 25.1459, Flight data recorders, is being amended to:

(1) Revise paragraph (a)(3) to add the duration of DFDR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(2) Add a new paragraph (a)(7) regarding a single electrical failure not
    disabling the CVR and DFDR. The final rule adds the phrase "external
    to the recorder" as requested by commenters to clarify where the
    failure may not occur.

(3) Add a new paragraph (a)(8) requiring that the DFDR be in a separate
    container from the CVR, and that a combination recorder may be used.
    If a combination recorder is used to comply with the CVR requirement
    and located near the cockpit, the aft-mounted DFDR used to comply
    with this paragraph must also be a combination unit. This language
    proposed in the NPRM was changed to mirror the revised requirement
    for CVRs in § 25.1457(d)(6) and (e)(2).

**C. Part 27 \-- Airworthiness Standards: Normal Category Rotorcraft**

Section 27.1457, Cockpit voice recorders, is being amended to:

(1) Add a new paragraph (a)(6) requiring the recordation of datalink
    communications. No change was made from the language proposed in the
    NPRM.

(2) Revise paragraph (d)(1) to add the duration of CVR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(3) Add a new paragraph (d)(4) regarding a single electrical failure not
    disabling the CVR and DFDR whether installed as separate units or as
    a single combined unit. The final rule adds the phrase "external to
    the recorder" as requested by commenters to clarify where the
    failure may not occur.

(4) Add a new paragraph (d)(5) that requires an independent power source
    for the CVR and the cockpit-mounted area microphone, the capacity
    for automatic switching to the independent source, and the allowable
    location of the power source. At the request of the commenters, the
    final rule specifies the duration of power as 10 ± 1 minutes, adds
    the area microphone, and specifies the location of the power source.

(5) Add a new paragraph (h) to allow the installation of a single
    combined unit when both a cockpit voice recorder and flight data
    recorder are required. The language was changed to clarify that
    combination recorders must meet all of the CVR and DFDR standards.

Section 27.1459, Flight data recorders, is being amended to:

(1) Revise paragraph (a)(3) to add the duration of DFDR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(2) Add a new paragraph (a)(6) regarding a single electrical failure not
    disabling the CVR and DFDR whether installed as separate units or as
    a single combined unit. The final rule adds the phrase "external to
    the recorder" as requested by commenters to clarify where the
    failure may not occur.

(3) Add a new paragraph (e) to allow the installation of a single
    combined unit when both a cockpit voice recorder and flight data
    recorder are required. The language was changed to clarify that
    combination recorders must meets all of the CVR and DFDR standards.

**D. Part 29 -- Airworthiness Standards: Transport Category Rotorcraft**

Section 29.1457, Cockpit voice recorders, is being amended to:

(1) Add a new paragraph (a)(6) requiring the recordation of datalink
    communications. No change was made from the language proposed in the
    NPRM.

(2) Revise paragraph (d)(1) to add the duration of CVR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(3) Add a new paragraph (d)(4) regarding a single electrical failure not
    disabling the CVR and DFDR whether installed as separate units or as
    a single combined unit. The final rule adds the phrase "external to
    the recorder" as requested by commenters to clarify where the
    failure may not occur.

(4) Add a new paragraph (d)(5) that requires an independent power source
    for the CVR and the cockpit-mounted area microphone, the capacity
    for automatic switching to the independent source, and the allowable
    location of the power source. At the request of the commenters, the
    final rule specifies the duration of power as 10 ± 1 minutes, adds
    the area microphone, and specifies the location of the power source.

(5) Add a new paragraph (h) to allow the installation of a single
    combined unit when both a cockpit voice recorder and flight data
    recorder are required. The language was changed to clarify that
    combination recorders must meet all of the CVR and DFDR standards.

Section 29.1459, Flight data recorders, is being amended to:

(1) Revise paragraph (a)(3) to add the duration of DFDR power as a
    sentence at the end of the paragraph. No change was made from the
    language proposed in the NPRM.

(2) Add a new paragraph (a)(6) regarding a single electrical failure not
    disabling the CVR and DFDR whether installed as separate units or as
    a single combined unit. The final rule adds the phrase "external to
    the recorder" as requested by commenters to clarify where the
    failure may not occur.

(3) Add a new paragraph (e) to allow the installation of a single
    combined unit when both a cockpit voice recorder and flight data
    recorder are required. The language was changed to clarify that
    combination recorders must meets all of the CVR and DFDR standards.

**E. Part 91 -- General Operating and Flight Rules**

Section 91.609, Flight data recorders and cockpit voice recorders, is
being amended to:

(1) Add a new paragraph (c)(2) that includes the separate container
    requirements for CVRs and DFDRs on part 23 or part 25 airplanes.
    [The requirement to retain the last 25 hours of recorded DFDR data,
    which was proposed in the NPRM as a retrofit, is not
    included]{.underline}.

(2) Add a new paragraph (c)(3), applicable to aircraft manufactured two
    years after the effective date of this rule, that requires
    compliance with all provisions of the flight data recorder
    certification requirements in §§ 23.1459, 25.1459, 27.1459, or
    29.1459, as applicable. The additions to these sections include the
    power duration requirement, the single electrical failure
    requirement, and the separate container/combination unit
    requirements noted in the amendments to the certification parts. New
    paragraph (c)(3) also requires that these newly manufactured
    airplanes have DFDRs that retain the last 25 hours of recorded
    information using a recorder that meets the standard of TSO-C124a,
    or later revision. The language proposed in the NPRM was changed
    slightly for clarification; no substantive changes to the proposed
    requirements were made.

(3) The proposed revision to paragraph (e)(2) to include new
    "checklist-to-checklist" language is not included in this final
    rule. No retrofit of this new procedure is required; the previous
    version of this language in paragraph (e)(2) remains in effect.

(4) Add a new paragraph (h) that includes the separate container
    requirements for CVRs and DFDRs on part 23 or part 25 airplanes.
    (Note that this was proposed as paragraph (i) because the
    paragraph (h) designation was proposed in a separate rulemaking that
    is not yet final). This paragraph also requires transport category
    airplanes to meet additional recording requirements in §§ 23.1457 or
    25.1457, as proposed in the NPRM. [The requirement to retain two
    hours of recorded information on a CVR that meets the requirements
    of TSO-C123a, which was proposed in the NPRM as a retrofit, is not
    included]{.underline}.

(5) Add a new paragraph (i), applicable to aircraft manufactured two
    years after the effective date of this rule, that requires
    compliance with all provisions of the cockpit voice recorder
    certification requirements in §§ 23.1457, 25.1457, 27.1457, or
    29.1457, as applicable. The additions to these sections include the
    power duration requirement, the single electrical failure
    requirement, and the separate container/combination unit
    requirements noted in the amendments to the certification parts.
    This paragraph also requires that newly manufactured airplanes
    retain the last two hours of recorded information and that the CVR
    meets the requirements of TSO-C123a, or later revision. These
    requirements are adopted as proposed, except for a change in the
    paragraph designation.

(6) Add a new paragraph (j) that requires all airplanes and rotorcraft
    that are required to have a CVR to record datalink communications if
    they install DLC equipment two years after the effective date of
    this rule. This requirement is adopted as proposed except for a
    change in the paragraph designation.

(7) Appendix E to part 91, Airplane Flight Recorder Specifications, is
    being amended to add footnote 5 to the parameter for Stabilizer Trim
    Position or Pitch Control Position. No change was made from the
    language proposed in the NPRM.

(8) Appendix F to part 91, Helicopter Flight Recorder Specifications, is
    being amended to add footnote 4 changing the sampling interval for
    five parameters. No change was made from the language proposed in
    the NPRM.

**F. Part 121 \-- Operating Requirements: Domestic Flag and Supplemental
Operations**

Section 121.343, Flight recorders, is being amended to:

(1) Revise the title of the section to say "Flight data recorders."

(2) Revise paragraph (c) to change the date from 1994 to 1995.

(3) Add a new paragraph (m) to specify that after August 20, 2001,
    §121.343 applies only to the aircraft models listed in §
    121.344(l)(2). No change was made from the language proposed in the
    NPRM.

Section 121.344, Digital flight data recorders for transport category
airplanes, is being amended to add a new paragraph (m) that requires all
newly manufactured airplanes comply with additional paragraphs of §
25.1459, and have a DFDR that retains the last 25 hours of recorded
information and meet the standards of TSO-C124a, or later revision. No
change was made from the language proposed in the NPRM, except for the
paragraph designation.

Section 121.344a, Digital flight data recorders for 10-19 seat
airplanes, is being amended to add a new paragraph (g) that requires all
newly manufactured airplanes comply with additional paragraphs of §§
23.1459 or 25.1459, and have DFDRs that retain the last 25 hours of
recorded data and meet the standards of TSO-C124a, or later revision. No
change was made from the language proposed in the NPRM.

Section 121.359, Cockpit voice recorders, is being amended to:

\(1\) Add a new paragraph (i) that requires airplanes manufactured
before \[INSERT DATE 2 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL
RULE\] be retrofitted with CVRs that meet the separate container
requirement, retain the last two hours of recorded information using a
CVR that meets the standard of TSO-C123a, or later revision, and meet
additional recording requirements in §§ 23.1457 or 25.1457. Four years
is allowed for the retrofit of these items. We are not adopting the
checklist to checklist language proposed in the NPRM. We are adopting
the same checklist to checklist language as exists in other
applicability paragraphs of this section. Otherwise, no change was made
from the language proposed in the NPRM.

\(2\) Add a new paragraph (j) that requires newly manufactured airplanes
have a CVR that meets all of §§ 23.1457 or 25.1457, and retains the last
two hours of recorded information using a CVR that meets the standard of
TSO-C123a, or later revision. We are not adopting the checklist to
checklist language proposed in the NPRM. We are adopting the same
checklist to checklist language as exists in other applicability
paragraphs of this section. Otherwise, no change was made from the
language proposed in the NPRM.

\(3\) Add a new paragraph (k) that requires the recordation of datalink
communications if DLC equipment is installed two years after the
effective date of this rule. No change was made from the language
proposed in the NPRM.

Appendix M to part 121, Airplane Flight Recorder Specifications, is
amended to:

(1) Revise parameter 1 to correct a typographical error.

(2) Revise parameters 12a, 12b, 13a, 13b, 14a, 14b, 15, 16, 17, and 88
    to add footnote 18 (proposed as footnote 20) for newly manufactured
    airplanes. Footnote 18 changes the seconds per sampling interval to
    0.125 for these parameters and prohibits alternate sampling
    (interleaving). The NPRM proposed 16 Hz for these parameters; the
    final rule requires they be sampled and recorded at 8 Hz, and adds
    the prohibition on interleaving samples.

(3) The NPRM publication of the appendix included several errors in the
    resolution column; none of the current resolution percentages are
    being changed.

G. **Part 125 -- Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More; and Rules Governing Persons On Board Such
Aircraft**

Section 125.225, Flight recorders, is being amended to:

(1) Revise the title of the section to say "Flight data recorders."

(2) Add a new paragraph (j) to specify that after August 20, 2001, §
    125.225 applies only to the aircraft models listed in §
    125.226(l)(2). No change was made from the language proposed in the
    NPRM.

Section 125.226, Digital flight data recorders, is being amended to add
a new paragraph (m) that requires all newly manufactured airplanes
comply with additional paragraphs of § 25.1459, and have a DFDR that
retains the last 25 hours of recorded data and meet the standards of
TSO-C124a, or later revision. No change was made from the language
proposed in the NPRM, except for the paragraph designation.

Section 125.227, Cockpit voice recorders, is being amended to:

(1) Add a new paragraph (g) that requires airplanes manufactured before
    \[INSERT DATE 2 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE\]
    to retrofit their CVRs to meet the separate container requirement,
    retain the last 2 hours of recorded information using a CVR that
    meets the standard of TSO-C123a, or later revision, and meet
    additional paragraphs of § 25.1457. Four years is allowed for the
    retrofit of these items. We are not adopting the checklist to
    checklist language proposed in the NPRM. We are adopting the same
    checklist to checklist language as exists in paragraph (a) of this
    section. Otherwise, no change was made from the language proposed in
    the NPRM.

(2) Add a new paragraph (h) that requires newly manufactured airplanes
    have a CVR that meets all of § 25.1457, retains the last 2 hours of
    recorded information using a CVR that meets the standard of
    TSO-C123a, or later revision. We are not adopting the checklist to
    checklist language proposed in the NPRM. We are adopting the same
    checklist to checklist language as exists in paragraph (a) of this
    section. Otherwise, no change was made from the language proposed in
    the NPRM.

(3) Add a new paragraph (i) that requires the recordation of datalink
    communications if DLC equipment is installed two years after the
    effective date of this rule. No change was made from the language
    proposed in the NPRM.

Appendix E to part 125, Airplane Flight Recorder Specifications, is
being amended to:

(1) Revise parameters 12a, 12b, 13a, 13b, 14a, 14b, 15, 16, 17, and 88
    to add footnote 18 (proposed as footnote 20) for newly manufactured
    airplanes. Footnote 18 changes the seconds per sampling interval to
    0.125 for these parameters and prohibits alternate sampling
    (interleaving). The NPRM proposed 16 Hz for these parameters; the
    final rule requires they be sampled and recorded at 8 Hz, and adds
    the prohibition on interleaving samples.

(2) Revise parameter 23 to correct an errant reference to part 121. No
    changes were made from the language proposed in the NPRM.

(3) The NPRM publication of the appendix included several errors in the
    resolution column; none of the current resolution percentages are
    being changed.

**H. Part 129 -- Operations: Foreign Air Carriers and Foreign Operators
of U.S.-Registered Aircraft Engaged in Common Carriage**

Section 129.1, Applicability, is being amended to revise paragraph (b)
to add new § 129.24 (proposed as § 129.22) to the applicability. The
NPRM inadvertently omitted several section references from this
paragraph and did not account for other changes that had been made to §
129.1. The only change being adopted is the added reference to § 129.22
on CVRs.

Section 129.24 (proposed as § 129.22), Cockpit voice recorders, is being
added. This section requires that airplanes operated under part 129 be
equipped with an approved CVR that meets the standards of TSO-C123a, or
later revision, and record the information that the airplane would be
required to record if it were operated under part 121, 125, or 135,
using the compliance times for the applicable part. No change was made
from the language proposed in the NPRM.

**I. Part 135 -- Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons On Board Such Aircraft**

Section 135.151, Cockpit voice recorders, is amended to:

(1) Add a new paragraph (f) that includes the separate container
    requirements for CVRs and DFDRs on part 23 or part 25 airplanes.
    This paragraph also requires transport category airplanes to meet
    additional recording requirements in §§ 23.1457 or 25.1457, as
    proposed in the NPRM. [The requirement to retain two hours of
    recorded information on a CVR that meets the requirements of
    TSO-C123a, which was proposed in the NPRM as a retrofit, is not
    included]{.underline}*.*

(2) Add a new paragraph (g), applicable to certain aircraft manufactured
    two years after the effective date of this rule, that requires
    compliance with specified provisions of the cockpit voice recorder
    certification requirements in § 23.1457, § 25.1457, § 27.1457, or §
    29.1457, as applicable. The additions to these sections include the
    power duration requirement, the single electrical failure
    requirement, and the separate container/combination unit
    requirements noted in the amendments to the certification parts.
    This paragraph also requires that newly manufactured airplanes
    retain the last two hours of recorded information and that the CVR
    meets the requirements of TSO-C123a, or later revision. The
    checklist to checklist language being adopted is the same language
    that exists in paragraphs (a)(2) and (b) (2) of this section, not
    the language proposed in the NPRM. Otherwise, no change was made to
    the language proposed in the NPRM.

(3) Add a new paragraph (h), that requires all airplanes or rotorcraft
    that are required to have a CVR to record datalink communications if
    DLC equipment is installed two years after the effective date of
    this rule. No change was made to the language proposed in the NPRM.

Section 135.152, Flight recorders, is amended to:

(1) Add a new paragraph (l) that requires separate containers for CVRs
    and DFDRs on airplanes, and allows for combined recorders on
    rotorcraft.

(2) Add a new paragraph (m) that requires that newly manufactured
    airplanes have a DFDR that meets additional provisions of the flight
    data recorder certification requirements in §§ 23.1459, 25.1459,
    27.1459, or 29.1459, as applicable. The additions to these sections
    include the power duration requirement, the single electrical
    failure requirement, and the separate container/combination unit
    requirements noted in the amendments to the certification parts. New
    paragraph (m)(2) also requires that these newly manufactured
    airplanes have DFDRs that retain the last 25 hours of recorded
    information using a recorder that meets the standard of TSO-C124a,
    or later revision. No change was made to the language proposed in
    the NPRM.

Appendix C to part 135, Helicopter Fight Recorder Specifications, is
being amended to add footnote 4 changing the sampling interval for five
parameters for rotorcraft manufactured two years after the date of the
final rule. No change was made to the language proposed in the NPRM.

Appendix E to part 135, Helicopter Flight Recorder Specifications, is
being amended to add footnote 3 changing the sampling interval on the
Pilot Input -- Primary Controls parameter for rotorcraft manufactured
two years after the date of the final rule. No change was made to the
language proposed in the NPRM.

Appendix F to part 135, Airplane Flight Recorder Specification, is being
amended to:

(1) Correct the last word of the title of the appendix to read
    'Specifications.'

(2) Revise parameters 12a, 12b, 13a, 13b, 14a, 14b, 15, 16, 17, and 88
    to add footnote 18 for newly manufactured airplanes. Footnote 18
    changes the seconds per sampling interval to 0.125 for these
    parameters and prohibits alternate sampling (interleaving). The NPRM
    proposed 16 Hz for these parameters; the final rule requires they be
    sampled and recorded at 8 Hz, and adds the prohibition on
    interleaving samples.

(3) The NPRM publication of the appendix included several errors in the
    resolution column; none of the current resolution percentages are
    being changed.

(4) The NPRM introduced several errors to the proposed change to
    parameter 23; parameter 23 is not being changed.

**Paperwork Reduction Act**

Information collection requirements associated with this final rule have
been approved previously by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), and have been assigned OMB Control Number
2120--0700.

**International Compatibility**

In keeping with U.S. obligations under the Convention on International
Civil Aviation, it is FAA policy to comply with International Civil
Aviation Organization (ICAO) Standards and Recommended Practices to the
maximum extent practicable. The FAA has reviewed the corresponding ICAO
Standards and Recommended Practices and has identified the following
difference: ICAO Annex 6, section 6.3.1.5.1, calls for recording all
datalink communication messages, including controller‑pilot datalink
communications, on all aircraft by January 1, 2007. The FAA is not
requiring the retrofit of datalink communication recording equipment on
aircraft. The FAA intends to file a difference with ICAO.

**Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates
Assessment**

Changes to Federal regulations must undergo several economic analyses.
First, Executive Order 12866 directs that each Federal agency shall
propose or adopt a regulation only upon a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 (Public Law 96-354) requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (Public Law 96-39) prohibits agencies
from setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act requires agencies to consider international standards and, where
appropriate, that they be the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires
agencies to prepare a written assessment of the costs, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of \$100
million or more annually (adjusted for inflation from the base year of
1995). This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this final rule. We suggest readers seeking greater
detail read the full regulatory evaluation, a copy of which we have
placed in the docket for this rulemaking.

In conducting these analyses, the FAA has determined that this final
rule: (1) has benefits that justify its costs, (2) is not an
economically "significant regulatory action" as defined in section 3(f)
of Executive Order 12866, (3) is "significant" as defined in DOT\'s
Regulatory Policies and Procedures; (4) will not have a significant
economic impact on a substantial number of small entities; (5) will not
create unnecessary obstacles to the foreign commerce of the United
States; and (6) will not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector by exceeding the threshold
identified above. These analyses are summarized below.

## A. Total Costs and Benefits of this Rule

The undiscounted cost of this rule is \$239 million (\$169 million in
present value terms at a discount rate of 7 percent and \$206 million in
present value terms at a discount rate of 3 percent). This rule adopts
certain NTSB recommendations and is in response to the Swissair 11 and
Alaska Airlines 261 accidents. The following discussion provides more
detailed cost and benefit information:

**B. Who is Affected by this Rule**

Manufacturers of aircraft type certificated under parts 23, 25, 27 and
29, and operators of aircraft operated under parts 91, 121, 125, 129 and
135.

**C. Assumptions and Standard Values**

-   Period of analysis is 2007-2017.

-   Discount rates are 7 percent and 3 percent.

-   Burdened labor rate for an aviation engineer is \$125 an hour.

-   Burdened labor rate for an aviation mechanic is \$85 an hour.

-   Number of airplanes to be retrofitted is 7,575.

-   It costs \$19,900 to change from a magnetic tape CVR to a 2-hour
    solid state CVR. The change will result in an annual operational and
    maintenance cost reduction of \$910 for these airplanes.

-   It costs \$8,140 to change from a 30-minute memory solid state CVR
    to a 2-hour solid state CVR.

-   The maximum cost for a future production commercial airplane is
    \$10,020 for RIPS, for recording DLC, and for the DFDR changes.
    Annual increased operational and maintenance costs are \$1,400.

-   The cost of RIPS for a future production large helicopter is
    \$3,840. Annual increased operational and maintenance costs are
    \$1,300.

-   The maximum cost for a future production business jet is \$8,520 for
    RIPS, for recording DLC, and for the DFDR changes. Annual increased
    operational and maintenance costs are \$1,000.

-   Cost of aviation fuel is \$1.60 per gallon.

-   The primary sources for this information are: (1) industry responses
    to a 2002 FAA survey and (2) public comments we received in response
    to the NPRM.

**D. Costs of this Rule**

Since the publication of the notice we have learned that almost all of
the manufacturers have been installing the newer equipment that was
proposed and operators have been retiring older aircraft. As Table 1
shows, the costs estimated in this final rule are significantly less
(approximately \$90 million) than we estimated in the 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     | \$169           | \$256           |
| Costs                           |                 |                 |
+---------------------------------+-----------------+-----------------+
| Time Frame for Analysis         | 11 Years        | 20 Years        |
|                                 | (2007-2017)     | (2003-2022)     |
+---------------------------------+-----------------+-----------------+
|                                 |                 |                 |
+---------------------------------+-----------------+-----------------+
| ## PART 121 AIRPLANES           |                 |                 |
+---------------------------------+-----------------+-----------------+
| Number of Magnetic Tape CVRs to | 2,941           | 5,904           |
| be replaced                     |                 |                 |
+---------------------------------+-----------------+-----------------+
| Number of 30-Minute Memory      | 4,634           | 3,741           |
| Solid State CVRs to be replaced |                 |                 |
+---------------------------------+-----------------+-----------------+
| Number of Production Airplanes  | 394             | 13,658          |
| with 30-Minute Memory Recorders |                 |                 |
+---------------------------------+-----------------+-----------------+
| Percent of All Production       | 10%             | 100%            |
| Airplanes with 30-Minute Memory |                 |                 |
| Recorders                       |                 |                 |
+---------------------------------+-----------------+-----------------+
| Cost of Increased Memory/2      | \$1,500         | \$3,500         |
| hours                           |                 |                 |
+---------------------------------+-----------------+-----------------+
| Need RIPS (number of aircraft)  | 3,935           | 13,658          |
+---------------------------------+-----------------+-----------------+
| Cost of RIPS                    | \$4,180         | \$2,820         |
+---------------------------------+-----------------+-----------------+
| Record CPDLC (number of         | 1,181           | 13,658          |
| aircraft)                       |                 |                 |
+---------------------------------+-----------------+-----------------+
| Percent that will Record CPDLC  | 20%             | 100%            |
+---------------------------------+-----------------+-----------------+
| Increased FDR and DFDAU         | 3,935           | 13,658          |
| Capacity                        |                 |                 |
+---------------------------------+-----------------+-----------------+
|                                 |                 |                 |
+---------------------------------+-----------------+-----------------+
| **LARGE PRODUCTION              |                 |                 |
| HELICOPTERS**                   |                 |                 |
+---------------------------------+-----------------+-----------------+
| Number of Production            | 0               | 1,337           |
| Helicopters with 30-Minute      |                 |                 |
| Memory CVRs                     |                 |                 |
+---------------------------------+-----------------+-----------------+
| Need RIPS (number of aircraft)  | 259             | 1,337           |
+---------------------------------+-----------------+-----------------+
| Record CPDLC (number of         | 0               | 1,337           |
| aircraft)                       |                 |                 |
+---------------------------------+-----------------+-----------------+
|                                 |                 |                 |
+---------------------------------+-----------------+-----------------+
| ## BUSINESS JETS                |                 |                 |
+---------------------------------+-----------------+-----------------+
| Number of Production Business   | 3,575           | 0               |
| Jets for which costs were       |                 |                 |
| estimated                       |                 |                 |
+---------------------------------+-----------------+-----------------+
|                                 |                 |                 |
+---------------------------------+-----------------+-----------------+
| ## MISCELLANEOUS                |                 |                 |
+---------------------------------+-----------------+-----------------+
| Price of Aviation Fuel          | \$1.60          | \$0.75          |
+---------------------------------+-----------------+-----------------+

**E. Benefits of this Rule**

The rule increases the amount and quality of the information being
recorded, which may result in new or revised safety rules (for airplane
manufacturing or operations) or in voluntary changes to airline and
pilot procedures that may produce a safer fleet and operations. Although
we did not adopt all of the NTSB recommendations concerning CVR and DFDR
modifications, we chose the course of action that maximizes safety
benefits relative to compliance costs.

## F. Alternatives Considered

We modified the proposed rule based on the comments. In particular,
unlike the proposed rule, the final rule does not require part 91
operators to retrofit their airplanes. The proposed retrofit of a 2-hour
CVR would have affected approximately 15,000 airplanes at a total cost
that would have been several hundred million dollars. Any potential
benefits would be far outweighed by these costs.

We had proposed new sampling frequencies of 16 times per second for 9
flight control parameters; the final rule requires sampling at 8 times
per second. Manufacturers commented that some entire DFDR systems would
need to be re-engineered at a potential cost of millions of dollars per
aircraft model. Further, recording parameters at 16 times per second
would not yield comparatively better information given the costs to
obtain it.

**G. Regulatory Flexibility Determination**

The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA)
establishes "as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions subject
to regulation. To achieve this principle, agencies are required to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions to assure that such proposals are given
serious consideration." The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.

Agencies must perform a review to determine whether a rule will have a
significant economic impact on a substantial number of small entities.
If the agency determines that it will, the agency must prepare a
regulatory flexibility analysis as described in the RFA.

However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.

The FAA believes that this final rule will not have a significant impact
on a substantial number of entities for the following reasons:

The rule affects manufacturers of part 23 and part 25 airplanes. For
these manufacturers, a small entity is one with 1,500 or fewer
employees. No manufacturer of part 23 or part 25 aircraft that could be
affected by these operational regulations (turbine powered aircraft with
10 or more seats) has fewer than 1,500 employees.

The rule also affects all operators of airplanes with 10 or more seats
operating under parts 91, 121, 129, and 135. Some of these operators are
small entities that must retrofit their airplanes. The cost to retrofit
an individual airplane is between \$8,140 and \$19,900. We have
operating revenue for 24 of the 46 small air carriers affected. Of these
24 small air carriers, the maximum one-time cost will be 0.71 percent of
2005's revenue for one airline and for the remaining 23 small air
carriers, the percentage will not exceed 0.35 percent. The FAA does not
consider it a significant economic impact when total one-time compliance
costs are less than one percent of a year's revenue.

Therefore, as the FAA Acting Administrator, I certify that this rule
does not have a significant economic impact on a substantial number of
small entities.

## H. International Trade Impact Assessment

The Trade Agreement Act of 1979 (Public Law 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA assessed the potential
effect of this rule and determined that it responds to a domestic safety
objective and is not considered an unnecessary barrier to trade.

**I. Unfunded Mandates Assessment**

The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) (the Act) is
intended, among other things, to curb the practice of imposing unfunded
Federal mandates on State, local, and tribal governments. Title II of
the Act requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in the expenditure of \$100 million or more
(adjusted annually for inflation) by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a "significant regulatory action." The FAA currently
uses an inflation-adjusted value of \$128.1 million in lieu of \$100
million.

This rule does not contain such a mandate. The requirements of Title II
do not apply.

## Executive Order 13132, Federalism

The FAA has analyzed this final rule under the principles and criteria
of Executive Order 13132, Federalism. We determined that this action
will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore does not have federalism implications.

**Environmental Analysis**

FAA Order 1050.1D defines FAA actions that may be categorically excluded
from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies
for a categorical exclusion.

## Energy Impact {#energy-impact .unnumbered}

The energy impact of the notice has been assessed in accordance with the
Energy Policy and Conservation Act (EPCA), Public Law 94--163, as
amended (43 U.S.C. 6362), and FAA Order 1053.1. It has been determined
that the notice is not a major regulatory action under the provisions of
the EPCA.

**Availability of Rulemaking Documents**

You may obtain an electronic copy of this final rule using the Internet
by:

\(1\) Searching the Federal eRulemaking Portal
(http://www.regulations.gov);

(2) Visiting the FAA's Regulations and Policies Web page at
    http://www.faa.gov/regulations_policies/; or

(3) Accessing the Government Printing Office's Web page at
    http://www.gpoaccess.gov/fr/index.html.

You may also obtain a copy by sending a request to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW,
Washington, DC 20591, or by calling (202) 267-9680. Make sure to
identify the notice number or docket number of this rulemaking.

Anyone is able to search the electronic form of all comments received
into any of our dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's complete
Privacy Act statement in the Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages 19477-78) or you may visit or you may
visit [http://DocketsInfo.dot.gov](http://dms.dot.gov/).

Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996
requires the FAA to comply with small entity requests for information or
advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question about
this document, you may contact your local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You may find out more
about SBREFA on the Internet at
http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

**List of Subjects**

[14 CFR Part 23]{.underline}

Aircraft, Aviation safety.

[14 CFR Part 25]{.underline}

Aircraft, Aviation safety.

[14 CFR Part 27]{.underline}

Aircraft, Aviation Safety.

[14 CFR Part 29]{.underline}

Aircraft, Aviation Safety.

[14 CFR Part 91]{.underline}

Aircraft, Aviation safety.

[14 CFR Part 121]{.underline}

Air carriers, Aircraft, Aviation safety, Charter flights, Safety,
Transportation.

[14 CFR Part 125]{.underline}

Aircraft, Aviation safety.

[14 CFR Part 129]{.underline}

Air carriers, Aircraft, Aviation safety.

[14 CFR Part 135]{.underline}

Air taxis, Aircraft, Aviation safety

**The Proposed Amendment**

In consideration of the foregoing, the Federal Aviation Administration
amends parts 23, 25, 27, 29, 91, 121, 125, 129, and 135 of Title 14,
Code of Federal Regulations, as follows:

## PART 23---AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND COMMUTER CATEGORY AIRPLANES {#part-23airworthiness-standards-normal-utility-acrobatic-and-commuter-category-airplanes .unnumbered}

1\. The authority citation for part 23 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 40113, 44701--44702, 44704.

2\. Amend § 23.1457 by removing the period at the end paragraph (d)(3)
and adding a semicolon in its place, by revising paragraphs (d)(1) and
(e), and by adding new paragraphs (a)(6), (d)(4), (d)(5), and (d)(6) to
read as follows:

## § 23.1457 Cockpit voice recorders. {#cockpit-voice-recorders. .unnumbered}

\(a\) \* \* \*

\(6\) If datalink communication equipment is installed, all datalink
communications, using an approved data message set. Datalink messages
must be recorded as the output signal from the communications unit that
translates the signal into usable data.

\* \* \* \* \*

\(d\) \* \* \*

\(1\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the cockpit voice recorder without
jeopardizing service to essential or emergency loads. The cockpit voice
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the airplane;

\* \* \* \* \*

\(4\) Any single electrical failure external to the recorder does not
disable both the cockpit voice recorder and the flight data recorder;

\(5\) It has an independent power source---

\(i\) That provides 10 ± 1 minutes of electrical power to operate both
the cockpit voice recorder and cockpit-mounted area microphone;

\(ii\) That is located as close as practicable to the cockpit voice
recorder; and

\(iii\) To which the cockpit voice recorder and cockpit-mounted area
microphone are switched automatically in the event that all other power
to the cockpit voice recorder is interrupted either by normal shutdown
or by any other loss of power to the electrical power bus; and

\(6\) It is in a separate container from the flight data recorder when
both are required. If used to comply with only the cockpit voice
recorder requirements, a combination unit may be installed.

\(e\) The recorder container must be located and mounted to minimize the
probability of rupture of the container as a result of crash impact and
consequent heat damage to the recorder from fire.

\(1\) Except as provided in paragraph (e)(2) of this section, the
recorder container must be located as far aft as practicable, but need
not be outside of the pressurized compartment, and may not be located
where aft- mounted engines may crush the container during impact.

\(2\) If two separate combination digital flight data recorder and
cockpit voice recorder units are installed instead of one cockpit voice
recorder and one digital flight data recorder, the combination unit that
is installed to comply with the cockpit voice recorder requirements may
be located near the cockpit.

\* \* \* \* \*

3\. Amend § 23.1459 by revising the section heading, by removing the
period at the end of paragraph (a)(4) and adding a semicolon in its
place, by removing the word "and" after the semicolon in paragraph
(a)(5), by revising paragraph (a)(3) to read as follows, and by adding
new paragraphs (a)(6) and (a)(7) to read as follows:

## § 23.1459 Flight data recorders. {#flight-data-recorders. .unnumbered}

\(a\) \* \* \*

\(3\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the flight data recorder without
jeopardizing service to essential or emergency loads. The flight data
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the airplane;

\* \* \* \* \*

\(6\) Any single electrical failure external to the recorder does not
disable both the cockpit voice recorder and the flight data recorder;
and

\(7\) It is in a separate container from the cockpit voice recorder when
both are required. If used to comply with only the flight data recorder
requirements, a combination unit may be installed. If a combination unit
is installed as a cockpit voice recorder to comply with §23.1457(e)(2),
a combination unit must be used to comply with this flight data recorder
requirement.

\* \* \* \* \*

## PART 25---AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES {#part-25airworthiness-standards-transport-category-airplanes .unnumbered}

4\. The authority citation for part 25 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 40113, 44701, 44702, and 44704.

5\. Amend § 25.1457 by removing the word "and" after the semicolon in
paragraph (d)(2), by removing the period at the end of paragraph (d)(3)
and adding a semicolon in its place, by revising paragraphs (d)(1) and
(e) to read as follows, and by adding new paragraphs (a)(6), (d)(4),
(d)(5), and (d)(6) to read as follows:

## § 25.1457 Cockpit voice recorders. {#cockpit-voice-recorders.-1 .unnumbered}

\(a\) \* \* \*

\(6\) If datalink communication equipment is installed, all datalink
communications, using an approved data message set. Datalink messages
must be recorded as the output signal from the communications unit that
translates the signal into usable data.

\* \* \* \* \*

\(d\) \* \* \*

\(1\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the cockpit voice recorder without
jeopardizing service to essential or emergency loads. The cockpit voice
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the airplane;

\* \* \* \* \*

\(4\) Any single electrical failure external to the recorder does not
disable both the cockpit voice recorder and the flight data recorder;

\(5\) It has an independent power source---

\(i\) That provides 10 ± 1 minutes of electrical power to operate both
the cockpit voice recorder and cockpit-mounted area microphone;

\(ii\) That is located as close as practicable to the cockpit voice
recorder; and

\(iii\) To which the cockpit voice recorder and cockpit-mounted area
microphone are switched automatically in the event that all other power
to the cockpit voice recorder is interrupted either by normal shutdown
or by any other loss of power to the electrical power bus; and

\(6\) It is in a separate container from the flight data recorder when
both are required. If used to comply with only the cockpit voice
recorder requirements, a combination unit may be installed.

\(e\) The recorder container must be located and mounted to minimize the
probability of rupture of the container as a result of crash impact and
consequent heat damage to the recorder from fire.

\(1\) Except as provided in paragraph (e)(2) of this section, the
recorder container must be located as far aft as practicable, but need
not be outside of the pressurized compartment, and may not be located
where aft-mounted engines may crush the container during impact.

\(2\) If two separate combination digital flight data recorder and
cockpit voice recorder units are installed instead of one cockpit voice
recorder and one digital flight data recorder, the combination unit that
is installed to comply with the cockpit voice recorder requirements may
be located near the cockpit.

\* \* \* \* \*

6\. Amend § 25.1459 by revising the section heading, by removing the
period at the end of paragraph (a)(4) and adding a semicolon in its
place, by removing the word "and" after the semicolon in paragraph
(a)(5), by removing the period at the end of paragraph (a)(6) and adding
a semicolon in its place, by revising paragraph (a)(3) to read as
follows, and by adding new paragraphs (a)(7) and (a)(8) to read as
follows:

## § 25.1459 Flight data recorders. {#flight-data-recorders.-1 .unnumbered}

\(a\) \* \* \*

\(3\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the flight data recorder without
jeopardizing service to essential or emergency loads. The flight data
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the airplane;

\* \* \* \* \*

\(7\) Any single electrical failure external to the recorder does not
disable both the cockpit voice recorder and the flight data recorder;
and

\(8\) It is in a separate container from the cockpit voice recorder when
both are required. If used to comply with only the flight data recorder
requirements, a combination unit may be installed. If a combination unit
is installed as a cockpit voice recorder to comply with § 25.1457(e)(2),
a combination unit must be used to comply with this flight data recorder
requirement.

\* \* \* \* \*

## PART 27---AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT {#part-27airworthiness-standards-normal-category-rotorcraft .unnumbered}

7\. The authority citation for part 27 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 40113, 44701--44702, 44704.

8\. Amend § 27.1457 by removing the word "and" after the semicolon in
paragraph (d)(2), by removing the period at the end of paragraph (d)(3)
and adding a semicolon in its place, by revising paragraph (d)(1) to
read as follows, and by adding new paragraphs (a)(6), (d)(4), (d)(5),
and (h) and  to read as follows:

## § 27.1457 Cockpit voice recorders. {#cockpit-voice-recorders.-2 .unnumbered}

\(a\) \* \* \*

\(6\) If datalink communication equipment is installed, all datalink
communications, using an approved data message set. Datalink messages
must be recorded as the output signal from the communications unit that
translates the signal into usable data.

\* \* \* \* \*

\(d\) \* \* \*

\(1\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the cockpit voice recorder without
jeopardizing service to essential or emergency loads. The cockpit voice
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the rotorcraft;

\* \* \* \* \*

\(4\) Whether the cockpit voice recorder and digital flight data
recorder are installed in separate boxes or in a combination unit, no
single electrical failure external to the recorder may disable both the
cockpit voice recorder and the digital flight data recorder; and

\(5\) It has an independent power source---

\(i\) That provides 10 ± 1 minutes of electrical power to operate both
the cockpit voice recorder and cockpit-mounted area microphone;

\(ii\) That is located as close as practicable to the cockpit voice
recorder; and

\(iii\) To which the cockpit voice recorder and cockpit-mounted area
microphone are switched automatically in the event that all other power
to the cockpit voice recorder is interrupted either by normal shutdown
or by any other loss of power to the electrical power bus.

\* \* \* \* \*

\(h\) When both a cockpit voice recorder and a flight data recorder are
required by the operating rules, one combination unit may be installed,
provided that all other requirements of this section and the
requirements for flight data recorders under this part are met.

9\. Amend § 27.1459 by revising the section heading and paragraph (a)(3)
to read as follows, and by adding new paragraphs (a)(6) and (e) to read
as follows:

## § 27.1459 Flight data recorders. {#flight-data-recorders.-2 .unnumbered}

\(a\) \* \* \*

\(3\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the flight data recorder without
jeopardizing service to essential or emergency loads. The flight data
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the rotorcraft;

\* \* \* \* \*

\(6\) Whether the cockpit voice recorder and digital flight data
recorder are installed in separate boxes or in a combination unit, no
single electrical failure external to the recorder may disable both the
cockpit voice recorder and the digital flight data recorder.

\* \* \* \* \*

\(e\) When both a cockpit voice recorder and a flight data recorder are
required by the operating rules, one combination unit may be installed,
provided that all other requirements of this section and the
requirements for cockpit voice recorders under this part are met.

## PART 29---AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT {#part-29airworthiness-standards-transport-category-rotorcraft .unnumbered}

10\. The authority citation for part 29 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 40113, 44701--44702, 44704.

11\. Amend § 29.1457 by removing the word "and" after the semicolon in
paragraph (d)(2), by removing the period at the end of paragraph (d)(3)
and adding a semicolon in its place, by revising paragraph (d)(1) to
read as follows, and by adding new paragraphs (a)(6), (d)(4), (d)(5),
and (h) to read as follows:

## § 29.1457 Cockpit voice recorders. {#cockpit-voice-recorders.-3 .unnumbered}

\(a\) \* \* \*

\(6\) If datalink communication equipment is installed, all datalink
communications, using an approved data message set. Datalink messages
must be recorded as the output signal from the communications unit that
translates the signal into usable data.

\* \* \* \* \*

\(d\) \* \* \*

\(1\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the cockpit voice recorder without
jeopardizing service to essential or emergency loads. The cockpit voice
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the rotorcraft;

\* \* \* \* \*

\(4\) Whether the cockpit voice recorder and digital flight data
recorder are installed in separate boxes or in a combination unit, no
single electrical failure external to the recorder may disable both the
cockpit voice recorder and the digital flight data recorder; and

\(5\) It has an independent power source---

\(i\) That provides 10 ± 1 minutes of electrical power to operate both
the cockpit voice recorder and cockpit-mounted area microphone;

\(ii\) That is located as close as practicable to the cockpit voice
recorder; and

\(iii\) To which the cockpit voice recorder and cockpit-mounted area
microphone are switched automatically in the event that all other power
to the cockpit voice recorder is interrupted either by normal shutdown
or by any other loss of power to the electrical power bus.

\* \* \* \* \*

\(h\) When both a cockpit voice recorder and a flight data recorder are
required by the operating rules, one combination unit may be installed,
provided that all other requirements of this section and the
requirements for flight data recorders under this part are met.

12\. Amend § 29.1459 by revising the section heading, by removing the
word "and" after the semicolon in paragraph (a)(4), by removing the
period at the end of paragraph (a)(5) and adding ";and" in its place, by
revising paragraph (a)(3) to read as follows and by adding new
paragraphs (a)(6) and (e) to read as follows:

## § 29.1459 Flight data recorders. {#flight-data-recorders.-3 .unnumbered}

\(a\) \* \* \*

\(3\) It receives its electrical power from the bus that provides the
maximum reliability for operation of the cockpit voice recorder without
jeopardizing service to essential or emergency loads. The cockpit voice
recorder must remain powered for as long as possible without
jeopardizing emergency operation of the rotorcraft;

\* \* \* \* \*

\(6\) Whether the cockpit voice recorder and digital flight data
recorder are installed in separate boxes or in a combination unit, no
single electrical failure external to the recorder may disable both the
cockpit voice recorder and the digital flight data recorder.

\* \* \* \* \*

\(e\) When both a cockpit voice recorder and a flight data recorder are
required by the operating rules, one combination unit may be installed,
provided that all other requirements of this section and the
requirements for cockpit voice recorders under this part are met.

## PART 91---GENERAL OPERATING AND FLIGHT RULES {#part-91general-operating-and-flight-rules .unnumbered}

13\. The authority citation for part 91 continues to read as follows:

**Authority**: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46504,\
46506--46507, 47122, 47508, 47528--47531, articles 12 and 29 of the
Convention on International Civil Aviation (61 stat. 1180).

14\. Amend § 91.609 by revising the section heading, by re-designating
paragraph (c) as (c)(1), and by adding new paragraphs (c)(2), (c)(3),
(h), (i), and (j) to read as follows:

## § 91.609 Flight data recorders and cockpit voice recorders. {#flight-data-recorders-and-cockpit-voice-recorders. .unnumbered}

\* \* \* \* \*

\(c\) \* \* \*

\(2\) All airplanes subject to paragraph (c)(1) of this section that are
manufactured before \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE OF THE
FINAL RULE\], by \[INSERT DATE 4 YEARS FROM THE EFFECTIVE DATE OF THE
FINAL RULE\], must meet the requirements of § 23.1459(a)(7) or
§ 25.1459(a)(8) of this chapter, as applicable.

(c)(3) All airplanes and rotorcraft subject to paragraph (c)(1) of this
section that are manufactured on or after \[INSERT DATE 2 YEARS FROM THE
EFFECTIVE DATE OF THE FINAL RULE\]*,* must meet the flight data recorder
requirements of § 23.1459, § 25.1459, § 27.1459, or § 29.1459 of this
chapter, as applicable, and retain at least the last 25 hours of
recorded information using a recorder that meets the standards of
TSO--C124a, or later revision.

\* \* \* \* \*

\(h\) All airplanes required by this section to have a cockpit voice
recorder and a flight data recorder, that are manufactured before
\[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE OF THE FINAL RULE\], must
by \[INSERT DATE 4 YEARS FROM THE EFFECTIVE DATE OF THE FINAL RULE\],
have a cockpit voice recorder that also---

\(1\) Meets the requirements of § 23.1457(d)(6) or § 25.1457(d)(6) of
this chapter, as applicable; and

\(2\) If transport category, meets the requirements of § 25.1457(a)(3),
(a)(4), and (a)(5) of this chapter.

\(i\) All airplanes or rotorcraft required by this section to have a
cockpit voice recorder and flight data recorder, that are manufactured
on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE OF THE FINAL
RULE\], must have a cockpit voice recorder installed that also---

\(1\) Meets the requirements of § 23.1457, § 25.1457, § 27.1457, or
§ 29.1457 of this chapter, as applicable; and

\(2\) Retains at least the last 2 hours of recorded information using a
recorder that meets the standards of TSO--C123a, or later revision.

\(j\) All airplanes or rotorcraft required by this section to have a
cockpit voice recorder and a flight data recorder, that install datalink
communication equipment on or after \[INSERT DATE 2 YEARS FROM THE
EFFECTIVE DATE OF THE FINAL RULE\]*,* must record all datalink messages
as required by the certification rule applicable to the aircraft.

15\. Amend appendix E to part 91 by adding footnote 5 to the Stabilizer
Trim Position or Pitch Control Position parameter to read as set forth
below. The text of footnotes 1, 3, and 4 is reprinted without change for
the convenience of the reader.

[Appendix E to Part 91---Airplane Flight Recorder
Specifications]{.smallcaps}

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

  Stabilizer     Full Range    ±3% unless      1 .......      1%^3^
  Trim Position  .......       higher uniquely                
  or Pitch                     required.                      
  Control                                                     
  Position^5^                                                 

  \* \* \* \* \*                                              
  ---------------------------------------------------------------------------

^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.

\* \* \* \* \*

^3^ Per cent of full range.

^4^ This column applies to aircraft manufactured after October 11, 1991.

^5^ For Pitch Control Position only, for all aircraft manufactured on or
after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE OF THE FINAL RULE\],
the sampling interval (per second) is 8. Each input must be recorded at
this rate. Alternately sampling inputs (interleaving) to meet this
sampling interval is prohibited.

16\. Amend appendix F to part 91 by adding footnote 4 to the Collective,
Pedal Position, Lat. Cyclic, Long. Cyclic, and Controllable Stabilator
Position parameters to read as set forth below. The text of footnotes 1
through 4 is reprinted without change for the convenience of the reader.

[Appendix F to Part 91---Helicopter Flight Recorder
Specifications]{.smallcaps}

  ----------------------------------------------------------------------------
  Parameters      Range          Installed      Sampling       Resolution^3^
                                 system^1^      interval       read out
                                 minimum        (per second)   
                                 accuracy (to                  
                                 recovered                     
                                 data)                         
  --------------- -------------- -------------- -------------- ---------------
  \* \* \* \* \*                                               

  Collective^4^   Full Range     ±3% .......    2 .......      1%^2^
                  .......                                      

  Pedal           Full Range     ±3% .......    2 .......      1%^2^
  Position^4^     .......                                      

  Lat. Cyclic^4^  Full Range     ±3% .......    2 .......      1%^2^
                  .......                                      

  Long. Cyclic^4^ Full Range     ±3% .......    2 .......      1%^2^
                  .......                                      

  Controllable    Full Range     ±3% .......    2 .......      1%^2^
  Stabilator      .......                                      
  Position^4^                                                  
  ----------------------------------------------------------------------------

^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^ Per cent of full range.

^3^ This column applies to aircraft manufactured after October 11, 1991.

^4^ For all aircraft manufactured on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], the sampling interval per second
is 4.

## PART 121---OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS {#part-121operating-requirements-domestic-flag-and-supplemental-operations .unnumbered}

17\. The authority citation for part 121 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 40113, 40119, 41706, 44101,
44701--44702, 44705, 44709--44711, 44713, 44716--44717, 44722, 46105.

18\. Amend § 121.343 by revising the section heading, by amending
paragraph (c) by revising "1994" to read "1995", and by adding new
paragraph (m) to read as follows:

## § 121.343 Flight data recorders. {#flight-data-recorders.-4 .unnumbered}

\* \* \* \* \*

\(m\) After August 20, 2001, this section applies only to the airplane
models listed in § 121.344(l)(2). All other airplanes must comply with
the requirements of § 121.344, as applicable.

19\. Amend § 121.344 by adding new paragraph (m) to read as follows:

## § 121.344 Digital flight data recorders for transport category airplanes. {#digital-flight-data-recorders-for-transport-category-airplanes. .unnumbered}

\* \* \* \* \*

\(m\) All aircraft subject to the requirements of this section that are
manufactured on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE
OF THE FINAL RULE\], must have a digital flight data recorder installed
that also---

\(1\) Meets the requirements of § 25.1459(a)(3), (a)(7), and (a)(8) of
this chapter; and

\(2\) Retains the 25 hours of recorded information required in
paragraph (h) of this section using a recorder that meets the standards
of TSO--C124a, or later revision.

20\. Amend § 121.344a by adding new paragraph (g) to read as follows:

## § 121.344a Digital flight data recorders for 10--19 seat airplanes. {#a-digital-flight-data-recorders-for-1019-seat-airplanes. .unnumbered}

\* \* \* \* \*

\(g\) All airplanes subject to the requirements of this section that are
manufactured on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE
OF THE FINAL RULE\], must have a digital flight data recorder installed
that also---

\(1\) Meets the requirements in § 23.1459(a)(3), (a)(6), and (a)(7) or
§ 25.1459(a)(3), (a)(7), and (a)(8) of this chapter, as applicable; and

\(2\) Retains the 25 hours of recorded information required in
§ 121.344(g) using a recorder that meets the standards of TSO--C124a, or
later revision.

21\. Amend § 121.359 by adding new paragraphs (i), (j), and (k) to read
as follows:

## § 121.359 Cockpit voice recorders. {#cockpit-voice-recorders.-4 .unnumbered}

\* \* \* \* \*

\(i\) By \[INSERT DATE 4 YEARS FROM THE EFFECTIVE DATE OF THE FINAL
RULE\], all turbine engine‑powered airplanes subject to this section
that are manufactured before \[INSERT DATE 2 YEARS FROM THE EFFECTIVE
DATE OF THE FINAL RULE\], must have a cockpit voice recorder installed
that also---

\(1\) Meets the requirements of § 23.1457(d)(6) or § 25.1457(d)(6) of
this chapter, as applicable;

\(2\) Retains at least the last 2 hours of recorded information using a
recorder that meets the standards of TSO--C123a, or later revision; and

\(3\) Is operated continuously from the use of the checklist before the
flight to completion of the final checklist at the end of the flight.

\(4\) If transport category, meets the requirements in § 25.1457(a)(3),
(a)(4), and (a)(5) of this chapter.

\(j\) All turbine engine‑powered airplanes subject to this section that
are manufactured on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE
DATE OF THE FINAL RULE\], must have a cockpit voice recorder installed
that also---

\(1\) Meets the requirements of § 23.1457 or § 25.1457 of this chapter,
as applicable;

\(2\) Retains at least the last 2 hours of recorded information using a
recorder that meets the standards of TSO--C123a, or later revision; and

\(3\) Is operated continuously from the use of the checklist before the
flight to completion of the final checklist at the end of the flight.

\(k\) All airplanes required by this part to have a cockpit voice
recorder and a flight data recorder, that install datalink communication
equipment on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE OF
THE FINAL RULE\], must record all datalink messages as required by the
certification rule applicable to the airplane.

22\. Amend appendix M to part 121 by revising parameters 1, 12a, 12b,
13a, 13b, 14a, 14b, 15, 16 and 17 and 88, and adding footnote 18, to
read as set forth below. The text of footnotes 1, 3, 4, 5, 6, 7, and 8
are reprinted without change for the convenience of the reader.

[Appendix M to Part 121---Airplane Flight Recorder
Specifications]{.smallcaps}

\* \* \* \* \*

  -----------------------------------------------------------------------------------------------
  Parameters              Range      Accuracy\   Seconds per     Resolution    Remarks
                                     (sensor     sampling                      
                                     input)      interval                      
  ----------------------- ---------- ----------- --------------- ------------- ------------------
  1\. Time or relative    24 Hrs, 0  +/‑ 0.125 % 4 .......       1 sec ....... UTC time preferred
  times counts.^1^        to 4095.   per hour.                                 when available.
                                                                               Count increments
                                                                               each 4 seconds of
                                                                               system operation.

  \* \* \* \* \*                                                               

  12a. Pitch control(s)   Full Range +/‑ 2°      0.5 or 0.25 for 0.5% of       For airplanes that
  position (nonfly‑by‑    .......    unless      airplanes       full range.   have a flight
  wire systems).^18^                 higher      operated under                control breakaway
                                     accuracy    § 121.344(f).                 capability that
                                     uniquely                                  allows either
                                     required.                                 pilot to operate
                                                                               the controls
                                                                               independently,
                                                                               record both
                                                                               control inputs.
                                                                               The control inputs
                                                                               may be sampled
                                                                               alternately once
                                                                               per second to
                                                                               produce the
                                                                               sampling interval
                                                                               of 0.5 or 0.25, as
                                                                               applicable.

  12b. Pitch control(s)   Full Range +/‑ 2°      0.5 or 0.25 for 0.2% of       
  position (fly‑by‑wire   .......    unless      airplanes       full range.   
  systems).^3\ 18^                   higher      operated under                
                                     accuracy    § 121.344(f).                 
                                     uniquely                                  
                                     required.                                 

  13a. Lateral control    Full Range +/‑ 2°      0.5 or 0.25 for 0.2% of full  For airplanes that
  position(s) (nonfly‑by‑ .......    unless      airplanes       range.        have a flight
  wire).^18^                         higher      operated under                control breakaway
                                     accuracy    § 121.344(f).                 capability that
                                     uniquely                                  allows either
                                     required.                                 pilot to operate
                                                                               the controls
                                                                               independently,
                                                                               record both
                                                                               control inputs.
                                                                               The control inputs
                                                                               may be sampled
                                                                               alternately once
                                                                               per second to
                                                                               produce the
                                                                               sampling interval
                                                                               of 0.5 or 0.25, as
                                                                               applicable.

  13b. Lateral control    Full Range +/‑ 2°      0.5 or 0.25 for 0.2% of       
  position(s)             .......    unless      airplanes       full range.   
  (fly‑by‑wire).^4\ 18^              higher      operated under                
                                     accuracy    § 121.344(f).                 
                                     uniquely                                  
                                     required.                                 

  14a. Yaw control        Full Range +/‑ 2°      0.5.......      0.3% of       For airplanes that
  position(s) (nonfly‑by‑ .......    unless                      full range.   have a flight
  wire).^5\ 18^                      higher                                    control breakaway
                                     accuracy                                  capability that
                                     uniquely                                  allows either
                                     required.                                 pilot to operate
                                                                               the controls
                                                                               independently,
                                                                               record both
                                                                               control inputs.
                                                                               The control inputs
                                                                               may be sampled
                                                                               alternately once
                                                                               per second to
                                                                               produce the
                                                                               sampling interval
                                                                               of 0.5.

  14b. Yaw control        Full Range +/‑ 2°      0.5.......      0.2% of       
  position(s)             .......    unless                      full range.   
  (fly‑by‑wire).^18^                 higher                                    
                                     accuracy                                  
                                     uniquely                                  
                                     required.                                 

  15\. Pitch control      Full Range +/‑ 2°      0.5 or 0.25 for 0.3% of       For airplanes
  surface(s)              .......    unless      airplanes       full range.   fitted with
  position.^6\ 18^                   higher      operated under                multiple or split
                                     accuracy    § 121.344(f).                 surfaces, a
                                     uniquely                                  suitable
                                     required.                                 combination of
                                                                               inputs is
                                                                               acceptable in lieu
                                                                               of recording each
                                                                               surface
                                                                               separately. 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°      0.5 or 0.25 for 0.3% of       A suitable
  surface(s)              .......    unless      airplanes       full range.   combination of
  position.^7\ 18^                   higher      operated under                surface position
                                     accuracy    § 121.344(f).                 sensors is
                                     uniquely                                  acceptable in lieu
                                     required.                                 of recording each
                                                                               surface
                                                                               separately. The
                                                                               control surfaces
                                                                               may be sampled
                                                                               alternately to
                                                                               produce the
                                                                               sampling interval
                                                                               of 0.5 or 0.25, as
                                                                               applicable.

  17\. Yaw control        Full Range +/‑ 2°      0.5.......      0.2% of       For airplanes with
  surface(s)              .......    unless                      full range.   multiple or split
  position.^8\ 18^                   higher                                    surfaces, a
                                     accuracy                                  suitable
                                     uniquely                                  combination of
                                     required.                                 surface position
                                                                               sensors is
                                                                               acceptable in lieu
                                                                               of recording each
                                                                               surface
                                                                               separately. The
                                                                               control surfaces
                                                                               may be sampled
                                                                               alternately to
                                                                               produce the
                                                                               sampling interval
                                                                               of 0.5.

  \* \* \* \* \*                                                               

  88\. All cockpit flight Full Range +/‑ 5%      1 .......       0.3% of       For fly‑by‑wire
  control input forces    Control    .......                     full range.   flight control
  (control wheel, control wheel +/‑                                            systems, where
  column, rudder          70 lbs.\                                             flight control
  pedal).^18^             Control                                              surface position
                          column +/‑                                           is a function of
                          85 lbs.\                                             the displacement
                          Rudder                                               of the control
                          pedal +/‑                                            input device only,
                          165 lbs.                                             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
                                                                               independently,
                                                                               record both
                                                                               control force
                                                                               inputs. The
                                                                               control force
                                                                               inputs may be
                                                                               sampled
                                                                               alternately once
                                                                               per 2 seconds to
                                                                               produce the
                                                                               sampling interval
                                                                               of 1.
  -----------------------------------------------------------------------------------------------

^1^ For A300 B2/B4 airplanes, resolution = 6 seconds.

\* \* \* \* \*

^3^ For A318/A319/A320/A321 series airplanes, resolution = 0.275%
(0.088°\>0.064°).

For A330/A340 series airplanes, resolution = 2.20% (0.703°\>0.064°).

^4^ For A318/A319/A320/A321 series airplanes, resolution = 0.22%
(0.088°\>0.080°).

For A330/A340 series airplanes, resolution = 1.76% (0.703°\>0.080°).

^5^ For A330/A340 series airplanes, resolution = 1.18% (0.703°\>0.120°).

^6^ For A330/A340 series airplanes, resolution = 0.783%
(0.352°\>0.090°).

^7^ For A330/A340 series airplanes, aileron resolution = 0.704%
(0.352°\>0.100°).

For A330/A340 series airplanes, spoiler resolution = 1.406%
(0.703°\>0.100°).

^8^ For A330/A340 series airplanes, resolution = 0.30% (0.176°\>0.12°).

For A330/A340 series airplanes, seconds per sampling interval = 1.

\* \* \* \* \*

^18^ For all aircraft manufactured on or after \[INSERT DATE 2 YEARS
FROM THE EFFECTIVE DATE OF THE FINAL RULE\], the seconds per sampling
interval is 0.125. Each input must be recorded at this rate. Alternately
sampling inputs (interleaving) to meet this sampling interval is
prohibited.

## PART 125---CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT {#part-125certification-and-operations-airplanes-having-a-seating-capacity-of-20-or-more-passengers-or-a-maximum-payload-capacity-of-6000-pounds-or-more-and-rules-governing-persons-on-board-such-aircraft .unnumbered}

23\. The authority citation for part 125 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 40113, 44701--44702, 44705,
44710--44711, 44713, 44716--44717, 44722.

24\. Amend § 125.225 by revising the section heading and by adding new
paragraph (j) to read as follows:

## § 125.225 Flight data recorders. {#flight-data-recorders.-5 .unnumbered}

\* \* \* \* \*

\(j\) After August 20, 2001, this section applies only to the airplane
models listed in § 125.226(l)(2). All other airplanes must comply with
the requirements of § 125.226.

25\. Amend § 125.226 by adding new paragraph (m) to read as follows:

## § 125.226 Digital flight data recorders. {#digital-flight-data-recorders. .unnumbered}

\* \* \* \* \*

\(m\) All aircraft subject to the requirements of this section that are
manufactured on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE DATE
OF THE FINAL RULE\], must have a flight data recorder installed that
also---

\(1\) Meets the requirements in § 25.1459(a)(3), (a)(7), and (a)(8) of
this chapter; and

\(2\) Retains the 25 hours of recorded information required in
paragraph (f) of this section using a recorder that meets the standards
of TSO--C124a, or later revision.

26\. Amend § 125.227 by adding new paragraphs (g), (h), and (i) to read
as follows:

## § 125.227 Cockpit voice recorders. {#cockpit-voice-recorders.-5 .unnumbered}

\* \* \* \* \*

\(g\) By \[INSERT DATE 4 YEARS FROM THE EFFECTIVE DATE OF THE FINAL
RULE\], all turbine engine‑powered airplanes subject to this section
that are manufactured before \[INSERT DATE 2 YEARS FROM THE EFFECTIVE
DATE OF THE FINAL RULE\], must have a cockpit voice recorder installed
that also---

\(1\) Meets the requirements of § 25.1457(a)(3), (a)(4), (a)(5), and
(d)(6) of this chapter;

\(2\) Retains at least the last 2 hours of recorded information using a
recorder that meets the standards of TSO--C123a, or later revision; and

\(3\) Is operated continuously from the start of the use of the
checklist (before starting the engines for the purpose of flight), to
the completion of the final checklist at the termination of the flight.

\(h\) All turbine engine‑powered airplanes subject to this section that
are manufactured on or after \[INSERT DATE 2 YEARS FROM THE EFFECTIVE
DATE OF THE FINAL RULE\], must have a cockpit voice recorder installed
that also---

\(1\) Meets the requirements of § 25.1457(a)(3) through (a)(6), (d)(1),
(d)(4), (d)(5), and (d)(6) of this chapter;

\(2\) Retains at least the last 2 hours of recorded information using a
recorder that meets the standards of TSO--C123a, or later revision; and

\(3\) Is operated continuously from the start of the use of the
checklist (before starting the engines for the purpose of flight), to
the completion of the final checklist at the termination of the flight.

\(i\) All turbine engine‑powered airplanes required by this part to have
a cockpit voice recorder and a flight data recorder, that install
datalink communication equipment on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], must record all datalink
messages as required by the certification rule applicable to the
airplane.

27\. Amend appendix E to part 125 by revising parameters 12a, 12b, 13a,
13b, 14a, 14b, 15, 16, 17, 23, and 88, and adding footnote 18, to read
as set forth below. The text of footnotes 3, 4, 5, 6, 8, and 12 are
reprinted without change for the convenience of the reader.

[Appendix E to Part 125---Airplane Flight Recorder
Specifications]{.smallcaps}

\* \* \* \* \*

+----------+-----------+-----------+-----------+-----------+-----------+
| Pa       | Range     | Accuracy\ | Seconds   | R         | Remarks   |
| rameters |           | (sensor   | per       | esolution |           |
|          |           | input)    | sampling  |           |           |
|          |           |           | interval  |           |           |
+==========+===========+===========+===========+===========+===========+
| \* \* \* |           |           |           |           |           |
| \* \*    |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| 12a.     | Full      | +/‑ 2°    | 0.5 or    | 0.5% of   | For       |
| Pitch    | range     | unless    | 0.25 for  | fu        | airplanes |
| co       | .......   | higher    | airplanes | ll range. | that have |
| ntrol(s) |           | accuracy  | operated  |           | a flight  |
| position |           | uniquely  | under     |           | control   |
| (no      |           | required. | § 12      |           | breakaway |
| nfly‑by‑ |           |           | 5.226(f). |           | c         |
| wire     |           |           |           |           | apability |
| syste    |           |           |           |           | that      |
| ms).^18^ |           |           |           |           | allows    |
|          |           |           |           |           | either    |
|          |           |           |           |           | pilot to  |
|          |           |           |           |           | operate   |
|          |           |           |           |           | the       |
|          |           |           |           |           | controls  |
|          |           |           |           |           | indep     |
|          |           |           |           |           | endently, |
|          |           |           |           |           | record    |
|          |           |           |           |           | both      |
|          |           |           |           |           | control   |
|          |           |           |           |           | inputs.   |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | inputs    |
|          |           |           |           |           | may be    |
|          |           |           |           |           | sampled   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | once per  |
|          |           |           |           |           | second to |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 0.5 or |
|          |           |           |           |           | 0.25, as  |
|          |           |           |           |           | ap        |
|          |           |           |           |           | plicable. |
+----------+-----------+-----------+-----------+-----------+-----------+
| 12b.     | Full      | +/‑ 2°    | 0.5 or    | 0.2% of   |           |
| Pitch    | range     | unless    | 0.25 for  | fu        |           |
| co       | .......   | higher    | airplanes | ll range. |           |
| ntrol(s) |           | accuracy  | operated  |           |           |
| position |           | uniquely  | under     |           |           |
| (fly     |           | required. | § 12      |           |           |
| ‑by‑wire |           |           | 5.226(f). |           |           |
| systems) |           |           |           |           |           |
| .^3\ 18^ |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| 13a.     | Full      | +/‑ 2°    | 0.5 or    | 0.2% of   | For       |
| Lateral  | range     | unless    | 0.25 for  | fu        | airplanes |
| control  | .......   | higher    | airplanes | ll range. | that have |
| posi     |           | accuracy  | operated  |           | a flight  |
| tions(s) |           | uniquely  | under     |           | control   |
| (no      |           | required. | § 12      |           | break     |
| nfly‑by‑ |           |           | 5.226(f). |           | away      |
| wi       |           |           |           |           | c         |
| re).^18^ |           |           |           |           | apability |
|          |           |           |           |           | that      |
|          |           |           |           |           | allows    |
|          |           |           |           |           | either    |
|          |           |           |           |           | pilot to  |
|          |           |           |           |           | operate   |
|          |           |           |           |           | the       |
|          |           |           |           |           | controls  |
|          |           |           |           |           | indep     |
|          |           |           |           |           | endently, |
|          |           |           |           |           | record    |
|          |           |           |           |           | both      |
|          |           |           |           |           | control   |
|          |           |           |           |           | inputs.   |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | inputs    |
|          |           |           |           |           | may be    |
|          |           |           |           |           | sampled   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | once per  |
|          |           |           |           |           | second to |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 0.5 or |
|          |           |           |           |           | 0.25, as  |
|          |           |           |           |           | ap        |
|          |           |           |           |           | plicable. |
+----------+-----------+-----------+-----------+-----------+-----------+
| 13b.     | Full      | +/‑ 2°    | 0.5 or    | 0.2% of   |           |
| Lateral  | range     | unless    | 0.25 for  | fu        |           |
| control  | .......   | higher    | airplanes | ll range. |           |
| pos      |           | accuracy  | operated  |           |           |
| ition(s) |           | uniquely  | under     |           |           |
| (fly‑    |           | required. | § 12      |           |           |
| by‑wire) |           |           | 5.226(f). |           |           |
| .^4\ 18^ |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| 14a.Yaw  | Full      | +/‑ 2°    | 0.5       | 0.3% of   | For       |
| control  | range     | unless    | .......   | fu        | airplanes |
| pos      | .......   | higher    |           | ll range. | that have |
| ition(s) |           | accuracy  |           |           | a flight  |
| (no      |           | uniquely  |           |           | control   |
| nfly‑by‑ |           | required. |           |           | breakaway |
| wire)    |           |           |           |           | c         |
| .^5\ 18^ |           |           |           |           | apability |
|          |           |           |           |           | that      |
|          |           |           |           |           | allows    |
|          |           |           |           |           | either    |
|          |           |           |           |           | pilot to  |
|          |           |           |           |           | operate   |
|          |           |           |           |           | the       |
|          |           |           |           |           | controls  |
|          |           |           |           |           | indep     |
|          |           |           |           |           | endently, |
|          |           |           |           |           | record    |
|          |           |           |           |           | both      |
|          |           |           |           |           | control   |
|          |           |           |           |           | inputs.   |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | inputs    |
|          |           |           |           |           | may be    |
|          |           |           |           |           | sampled   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | once per  |
|          |           |           |           |           | second to |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 0.5.   |
+----------+-----------+-----------+-----------+-----------+-----------+
| 14b. Yaw | Full      | +/‑ 2°    | 0.5       | 0.2% of   |           |
| control  | range     | unless    | .......   | fu        |           |
| pos      | .......   | higher    |           | ll range. |           |
| ition(s) |           | accuracy  |           |           |           |
| (f       |           | uniquely  |           |           |           |
| ly‑by‑wi |           | required. |           |           |           |
| re).^18^ |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| 15\.     | Full      | +/‑ 2°    | 0.5 or    | 0.3% of   | For       |
| Pitch    | range     | unless    | 0.25 for  | fu        | airplanes |
| control  | .......   | higher    | airplanes | ll range. | fitted    |
| su       |           | accuracy  | operated  |           | with      |
| rface(s) |           | uniquely  | under     |           | multiple  |
| position |           | required. | § 12      |           | or split  |
| .^6\ 18^ |           |           | 5.226(f). |           | surfaces, |
|          |           |           |           |           | a         |
|          |           |           |           |           | suitable  |
|          |           |           |           |           | co        |
|          |           |           |           |           | mbination |
|          |           |           |           |           | of inputs |
|          |           |           |           |           | is        |
|          |           |           |           |           | a         |
|          |           |           |           |           | cceptable |
|          |           |           |           |           | in lieu   |
|          |           |           |           |           | of        |
|          |           |           |           |           | recording |
|          |           |           |           |           | each      |
|          |           |           |           |           | surface   |
|          |           |           |           |           | se        |
|          |           |           |           |           | parately. |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | surfaces  |
|          |           |           |           |           | may be    |
|          |           |           |           |           | sampled   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | to        |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 0.5 or |
|          |           |           |           |           | 0.25, as  |
|          |           |           |           |           | ap        |
|          |           |           |           |           | plicable. |
+----------+-----------+-----------+-----------+-----------+-----------+
| 16\.     | Full      | +/‑ 2°    | 0.5 or    | 0.2% of   | A         |
| Lateral  | Range     | unless    | 0.25 for  | fu        | suitable  |
| control  | .......   | higher    | airplanes | ll range. | co        |
| su       |           | accuracy  | operated  |           | mbination |
| rface(s) |           | uniquely  | under     |           | of        |
| position |           | required. | § 12      |           | surface   |
| .^7\ 18^ |           |           | 5.226(f). |           | position  |
|          |           |           |           |           | sensors   |
|          |           |           |           |           | is        |
|          |           |           |           |           | a         |
|          |           |           |           |           | cceptable |
|          |           |           |           |           | in lieu   |
|          |           |           |           |           | of        |
|          |           |           |           |           | recording |
|          |           |           |           |           | each      |
|          |           |           |           |           | surface   |
|          |           |           |           |           | se        |
|          |           |           |           |           | parately. |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | surfaces  |
|          |           |           |           |           | may be    |
|          |           |           |           |           | sampled   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | to        |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 0.5 or |
|          |           |           |           |           | 0.25, as  |
|          |           |           |           |           | ap        |
|          |           |           |           |           | plicable. |
+----------+-----------+-----------+-----------+-----------+-----------+
| 17\. Yaw | Full      | +/‑ 2°    | 0.5       | 0.2% of   | For       |
| control  | range     | unless    | .......   | fu        | airplanes |
| su       | .......   | higher    |           | ll range. | fitted    |
| rface(s) |           | accuracy  |           |           | with      |
| position |           | uniquely  |           |           | multiple  |
| .^8\ 18^ |           | required. |           |           | or split  |
|          |           |           |           |           | surfaces, |
|          |           |           |           |           | a         |
|          |           |           |           |           | suitable  |
|          |           |           |           |           | co        |
|          |           |           |           |           | mbination |
|          |           |           |           |           | of        |
|          |           |           |           |           | surface   |
|          |           |           |           |           | position  |
|          |           |           |           |           | sensors   |
|          |           |           |           |           | is        |
|          |           |           |           |           | a         |
|          |           |           |           |           | cceptable |
|          |           |           |           |           | in lieu   |
|          |           |           |           |           | of        |
|          |           |           |           |           | recording |
|          |           |           |           |           | each      |
|          |           |           |           |           | surface   |
|          |           |           |           |           | se        |
|          |           |           |           |           | parately. |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | surfaces  |
|          |           |           |           |           | may be    |
|          |           |           |           |           | sampled   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | to        |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 0.5.   |
+----------+-----------+-----------+-----------+-----------+-----------+
| \* \* \* |           |           |           |           |           |
| \* \*    |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| 23\.     | Full      | +/‑ 2°    | 1 or 0.5  | 0.2% of   |           |
| Ground   | Range or  | Unless    | for       | fu        |           |
| Spoiler  | Each      | higher    | airplanes | ll range. |           |
| Position | Position  | accuracy  | operated  |           |           |
| or Speed | (d        | uniquely  | under     |           |           |
| Brake    | iscrete). | required. | § 12      |           |           |
| Select   |           |           | 5.226(f). |           |           |
| ion.^12^ |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| \* \* \* |           |           |           |           |           |
| \* \*    |           |           |           |           |           |
+----------+-----------+-----------+-----------+-----------+-----------+
| 88\. All | Full      | +/‑ 5%    | 1 ....... | 0.3% of   | For       |
| cockpit  | range     | .......   |           | fu        | fl        |
| flight   | Control   |           |           | ll range. | y‑by‑wire |
| control  | wheel     |           |           |           | flight    |
| input    | +/‑ 70    |           |           |           | control   |
| forces   | lbs.\     |           |           |           | systems,  |
| (control | Control   |           |           |           | where     |
| wheel,   | column    |           |           |           | flight    |
| control  | +/‑ 85    |           |           |           | control   |
| column,  | lbs.\     |           |           |           | surface   |
| rudder   | Rudder    |           |           |           | position  |
| ped      | pedal     |           |           |           | is a      |
| al).^18^ | +/‑       |           |           |           | function  |
|          |  165 lbs. |           |           |           | of the    |
|          |           |           |           |           | dis       |
|          |           |           |           |           | placement |
|          |           |           |           |           | of the    |
|          |           |           |           |           | control   |
|          |           |           |           |           | input     |
|          |           |           |           |           | device    |
|          |           |           |           |           | only, it  |
|          |           |           |           |           | is not    |
|          |           |           |           |           | necessary |
|          |           |           |           |           | to record |
|          |           |           |           |           | this      |
|          |           |           |           |           | p         |
|          |           |           |           |           | arameter. |
|          |           |           |           |           | For       |
|          |           |           |           |           | airplanes |
|          |           |           |           |           | that have |
|          |           |           |           |           | a flight  |
|          |           |           |           |           | control   |
|          |           |           |           |           | breakaway |
|          |           |           |           |           | c         |
|          |           |           |           |           | apability |
|          |           |           |           |           | that      |
|          |           |           |           |           | allows    |
|          |           |           |           |           | control   |
|          |           |           |           |           | indep     |
|          |           |           |           |           | endently, |
|          |           |           |           |           | record    |
|          |           |           |           |           | both      |
|          |           |           |           |           | control   |
|          |           |           |           |           | force     |
|          |           |           |           |           | inputs.   |
|          |           |           |           |           | The       |
|          |           |           |           |           | control   |
|          |           |           |           |           | force     |
|          |           |           |           |           |           |
|          |           |           |           |           | inputs    |
|          |           |           |           |           | may be    |
|          |           |           |           |           | samples   |
|          |           |           |           |           | al        |
|          |           |           |           |           | ternately |
|          |           |           |           |           | once per  |
|          |           |           |           |           | 2 seconds |
|          |           |           |           |           | to        |
|          |           |           |           |           | produce   |
|          |           |           |           |           | the       |
|          |           |           |           |           | sampling  |
|          |           |           |           |           | interval  |
|          |           |           |           |           | of 1.     |
+----------+-----------+-----------+-----------+-----------+-----------+

\* \* \* \* \*

^3^ For A318/A319/A320/A321 series airplanes, resolution = 0.275%
(0.088°\>0.064°).

For A330/A340 series airplanes, resolution = 2.20% (0.703°\>0.064°).

^4^ For A318/A319/A320/A321 series airplanes, resolution = 0.22%
(0.088°\>0.080°).

For A330/A340 series airplanes, resolution = 1.76% (0.703°\>0.080°).

^5^ For A330/A340 series airplanes, resolution = 1.18% (0.703°\>0.120°).

^6^ For A330/A340 series airplanes, resolution = 0.783%
(0.352°\>0.090°).

^7^ For A330/A340 series airplanes, aileron resolution = 0.704%
(0.352°\>0.100°).

For A330/A340 series airplanes, spoiler resolution = 1.406%
(0.703°\>0.100°).

^8^ For A330/A340 series airplanes, resolution = 0.30% (0.176°\>0.12°).

For A330/A340 series airplanes, seconds per sampling interval = 1.

\* \* \* \* \*

^12^ For A330/A340 series airplanes, spoiler resolution = 1.406%
(0.703°\>0.100°).

\* \* \* \* \*

^18^ For all aircraft manufactured on or after \[INSERT DATE 2 YEARS
FROM THE EFFECTIVE DATE OF THE FINAL RULE\], the seconds per sampling
interval is 0.125. Each input must be recorded at this rate. Alternately
sampling inputs (interleaving) to meet this sampling interval is
prohibited.

## PART 129---OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.‑REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE  {#part-129operations-foreign-air-carriers-and-foreign-operators-of-u.s.registered-aircraft-engaged-in-common-carriage .unnumbered}

28\. The authority citation for part 129 continues to read as follows:

**Authority:** 49 U.S.C. 1372, 40113, 40119, 44101, 44701--44702, 44705,
44709-44711, 44713, 44716--44717, 44722, 44901--44904, 44906, 44912,
46105, Pub. L. 107-71, sec. 104.

29\. Amend § 129.1 by revising paragraph (b) to read as follows:

## § 129.1 Applicability. {#applicability. .unnumbered}

\* \* \* \* \*

\(b\) [Operations of U.S.-registered aircraft solely outside the United
States.]{.underline} In addition to the operations specified under
paragraph (a) of this section, §§ 129.14, 129.16, 129.20, 129.24, 129.32
and 129.33 also apply to U.S.‑registered aircraft operated solely
outside the United States in common carriage by a foreign person or
foreign air carrier.

\* \* \* \* \*

30\. Amend part 129 by adding new § 129.24 to read as follows:

## § 129.24 Cockpit voice recorders. {#cockpit-voice-recorders.-6 .unnumbered}

No person may operate an aircraft under this part that is registered in
the United States unless it is equipped with an approved cockpit voice
recorder that meets the standards of TSO--C123a, or later revision. The
cockpit voice recorder must record the information that would be
required to be recorded if the aircraft were operated under part 121,
125, or 135 of this chapter, and must be installed by the compliance
times required by that part, as applicable to the aircraft.

## PART 135---OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT {#part-135operating-requirements-commuter-and-on-demand-operations-and-rules-governing-persons-on-board-such-aircraft .unnumbered}

31\. The authority citation for part 135 continues to read as follows:

**Authority:** 49 U.S.C. 106(g), 41706, 44113, 44701--44702, 44705,
44709, 44711--44713, 44715--44717, 44722.

32\. Amend § 135.151 by adding new paragraphs (f), (g), and (h) to read
as follows:

## § 135.151 Cockpit voice recorders. {#cockpit-voice-recorders.-7 .unnumbered}

\* \* \* \* \*

\(f\) By \[INSERT DATE 4 YEARS FROM THE EFFECTIVE DATE OF THE FINAL
RULE\], all airplanes subject to paragraph (a) or paragraph (b) of this
section that are manufactured before \[INSERT DATE 2 YEARS FROM THE
EFFECTIVE DATE OF THE FINAL RULE\], and that are required to have a
flight data recorder installed in accordance with § 135.152, must have a
cockpit voice recorder that also---

\(1\) Meets the requirements in § 23.1457(d)(6) or § 25.1457(d)(6) of
this chapter, as applicable; and

\(2\) If transport category, meet the requirements in § 25.1457(a)(3),
(a)(4), and (a)(5) of this chapter.

(g)(1) No person may operate a multiengine, turbine‑powered airplane or
rotorcraft that is manufactured on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], that has a passenger seating
configuration of six or more seats, for which two pilots are required by
certification or operating rules, and that is required to have a flight
data recorder under § 135.152, unless it is equipped with an approved
cockpit voice recorder that also---

\(i\) Is installed in accordance with the requirements of § 23.1457,
§ 25.1457, § 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h), or
§ 29.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h) of this chapter, as
applicable;

\(ii\) Is operated continuously from the use of the check list before
the flight, to completion of the final check list at the end of the
flight; and

\(iii\) Retains at least the last 2 hours of recorded information using
a recorder that meets the standards of TSO--C123a, or later revision.

\(2\) No person may operate a multiengine, turbine‑powered airplane or
rotorcraft that is manufactured on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], has a passenger seating
configuration of 20 or more seats, and that is required to have a flight
data recorder under § 135.152, unless it is equipped with an approved
cockpit voice recorder that also---

\(i\) Is installed in accordance with the requirements of § 23.1457,
§ 25.1457, § 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h), or
§ 29.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h) of this chapter, as
applicable;

\(ii\) Is operated continuously from the use of the check list before
the flight, to completion of the final check list at the end of the
flight; and

\(iii\) Retains at least the last 2 hours of recorded information using
a recorder that meets the standards of TSO--C123a, or later revision.

\(h\) All airplanes or rotorcraft required by this part to have a
cockpit voice recorder and a flight data recorder, that install datalink
communication equipment on or after \[INSERT DATE 2 YEARS FROM THE
EFFECTIVE DATE OF THE FINAL RULE\], must record all datalink messages as
required by the certification rule applicable to the aircraft.

33\. Amend § 135.152 by revising the section heading and by adding new
paragraphs (l) and (m) to read as follows:

## § 135.152 Flight data recorders. {#flight-data-recorders.-6 .unnumbered}

\* \* \* \* \*

\(l\) By \[INSERT DATE 4 YEARS FROM THE EFFECTIVE DATE OF THE FINAL
RULE\], all aircraft manufactured before \[INSERT DATE 2 YEARS FROM THE
EFFECTIVE DATE OF THE FINAL RULE\], must also meet the requirements in
§ 23.1459(a)(7), § 25.1459(a)(8), § 27.1459(e), or § 29.1459(e) of this
chapter, as applicable.

\(m\) All aircraft manufactured on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], must have a flight data recorder
installed that also ---

\(1\) Meets the requirements of § 23.1459(a)(3), (a)(6), and (a)(7),
§ 25.1459(a)(3), (a)(7), and (a)(8), § 27.1459 (a)(3), (a)(6), and (e),
or § 29.1459(a)(3), (a)(6), and (e) of this chapter, as applicable; and

\(2\) Retains the 25 hours of recorded information required in
paragraph (d) of this section using a recorder that meets the standards
of TSO--C124a, or later revision.

34\. Amend appendix C to part 135 by adding footnote 4 to the
Collective, Pedal Position, Lat. Cyclic, Long. Cyclic, and Controllable
Stabilator Position parameters to read as set forth below. The text of
footnotes 1 through 3 is reprinted without change for the convenience of
the reader.

Appendix C to Part 135---Helicopter Flight Recorder Specifications

  ----------------------------------------------------------------------------
  Parameters      Range          Installed      Sampling       Resolution^3^
                                 system^1^      interval       read out
                                 minimum        (per second)   
                                 accuracy (to                  
                                 recovered                     
                                 data)                         
  --------------- -------------- -------------- -------------- ---------------
  \* \* \* \* \*                                               

  Collective^4^   Full Range     ±3% .......    2 .......      1%^2^
                  .......                                      

  Pedal           Full Range     ±3% .......    2 .......      1%^2^
  Position^4^     .......                                      

  Lat. Cyclic^4^  Full Range     ±3% .......    2 .......      1%^2^
                  .......                                      

  Long. Cyclic^4^ Full Range     ±3% .......    2 .......      1%^2^
                  .......                                      

  Controllable    Full Range     ±3% .......    2 .......      1%^2^
  Stabilator      .......                                      
  Position^4^                                                  
  ----------------------------------------------------------------------------

^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^ Per cent of full range.

^3^ This column applies to aircraft manufactured after October 11, 1991.

^4^ For all aircraft manufactured on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], the sampling interval per second
is 4.

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

[Appendix E to Part 135---Helicopter Flight Recorder
Specifications]{.smallcaps}

  -----------------------------------------------------------------------------
  Parameters       Range        Accuracy sensor  Sampling       Resolution^2^
                                input to DFDR    interval       read out
                                readout          (per second)   
  ---------------- ------------ ---------------- -------------- ---------------
  \* \* \* \* \*                                                

  Pilot Input---   Full Range   ±3% .......      2 .......      0.5%^1^
  Primary Controls .......                                      
  (Collective,                                                  
  Longitudinal                                                  
  Cyclic, Lateral                                               
  Cyclic,                                                       
  Pedal)^3^                                                     

  \* \* \* \* \*                                                
  -----------------------------------------------------------------------------

^1^ Per cent of full range.

^2^ This column applies to aircraft manufactured after October 11, 1991.

^3^ For all aircraft manufactured on or after \[INSERT DATE 2 YEARS FROM
THE EFFECTIVE DATE OF THE FINAL RULE\], the sampling interval per second
is 4.

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

[Appendix F to Part 135---Airplane Flight Recorder
Specifications]{.smallcaps}

\* \* \* \* \*

<table style="width:100%;">
<colgroup>
<col style="width: 16%" />
<col style="width: 0%" />
<col style="width: 16%" />
<col style="width: 16%" />
<col style="width: 17%" />
<col style="width: 0%" />
<col style="width: 16%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 16%" />
<col style="width: 0%" />
</colgroup>
<thead>
<tr class="header">
<th><blockquote>
<p>Parameters</p>
</blockquote></th>
<th colspan="2"><blockquote>
<p>Range</p>
</blockquote></th>
<th><blockquote>
<p>Accuracy<br />
(sensor input)</p>
</blockquote></th>
<th><blockquote>
<p>Seconds per sampling interval</p>
</blockquote></th>
<th colspan="4"><blockquote>
<p>Resolution</p>
</blockquote></th>
<th colspan="2"><blockquote>
<p>Remarks</p>
</blockquote></th>
</tr>
</thead>
<tbody>
<tr class="odd">
<td colspan="2">* * * * *</td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="2">12a. Pitch control(s) position (nonfly‑by‑wire
systems).<sup>18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 or 0.25 for airplanes operated under § 135.152(j).</td>
<td colspan="2">0.5% of full range.</td>
<td colspan="3">For airplanes that have a flight control breakaway
capability that allows either pilot to operate the controls
independently, record both control inputs. The control inputs may be
sampled alternately once per second to produce the sampling interval of
0.5 or 0.25, as applicable.</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">12b. Pitch control(s) position (fly‑by‑wire systems).
<sup>3 18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 or 0.25 for airplanes operated under § 135.152(j).</td>
<td colspan="2">0.2% of full range.</td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">13a. Lateral control position(s)
(nonfly‑by‑wire).<sup>18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 or 0.25 for airplanes operated under § 135.152(j).</td>
<td colspan="2">0.2% of full range.</td>
<td colspan="3">For airplanes that have a flight control breakaway
capability that allows either pilot to operate the controls
independently, record both control inputs. The control inputs may be
sampled alternately once per second to produce the sampling interval of
0.5 or 0.25, as applicable.</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">13b. Lateral control position(s) (fly‑by‑wire).<sup>4
18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 or 0.25 for airplanes operated under § 135.152(j).</td>
<td colspan="2">0.2% of full range.</td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">14a. Yaw control position(s) (nonfly‑by‑wire).<sup>5
18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 …….</td>
<td colspan="2">0.3% of full range.</td>
<td colspan="3">For airplanes that have a flight control breakaway
capability that allows either pilot to operate the controls
independently, record both control inputs. The control inputs may be
sampled alternately once per second to produce the sampling of 0.5 or
0.25, as applicable.</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">14b. Yaw control position(s)
(fly‑by‑wire).<sup>18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 …….</td>
<td colspan="2">0.2% of full range.</td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">15. Pitch control surface(s) position.<sup>6
18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 or 0.25 for airplanes operated under § 135.152(j).</td>
<td colspan="2">0.3% of full range.</td>
<td colspan="3">For airplanes fitted with multiple or split surfaces, a
suitable combination of inputs is acceptable in lieu of recording each
surface separately. The control surfaces may be sampled alternately to
produce the sampling interval of 0.5 or 0.25, as applicable.</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">16. Lateral control surface(s) position.<sup>7
18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 or 0.25 for airplanes operated under § 135.152(j).</td>
<td colspan="2">0.2% of full range.</td>
<td colspan="3">A suitable combination of surface position sensors is
acceptable in lieu of recording each surface separately. The control
surfaces may be sampled alternately to produce the sampling interval of
0.5 or 0.25, as applicable.</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">17. Yaw control surface(s) position.<sup>8 18</sup></td>
<td>Full Range …….</td>
<td>+/‑ 2° unless higher accuracy uniquely required.</td>
<td>0.5 …….</td>
<td colspan="2">0.2% of full range.</td>
<td colspan="3">For airplanes with multiple or split surfaces, a
suitable combination of surface position sensors is acceptable in lieu
of recording each surface separately. The control surfaces may be
sampled alternately to produce the sampling interval of 0.5.</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2">* * * * *</td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">88. All cockpit flight control input forces (control
wheel, control column, rudder pedal).<sup>18</sup></td>
<td>Full Range Control wheel +/‑ 70 lbs.<br />
Control column +/‑ 85 lbs.<br />
Rudder pedal +/‑ 165 lbs.</td>
<td>+/‑ 5° …….</td>
<td>1 …….</td>
<td colspan="2">0.3% of full range.</td>
<td colspan="3">For fly‑by‑wire flight control systems, where flight
control surface position is a function of the displacement 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 independently, record both
control force inputs. The control force inputs may be sampled
alternately once per 2 seconds to produce the sampling interval of
1.</td>
<td></td>
</tr>
</tbody>
</table>

\* \* \* \* \*

^3^ For A318/A319/A320/A321 series airplanes, resolution = 0.275%
(0.088°\>0.064°).

For A330/A340 series airplanes, resolution = 2.20% (0.703°\>0.064°).

^4^ For A318/A319/A320/A321 series airplanes, resolution = 0.22%
(0.088°\>0.080°).

For A330/A340 series airplanes, resolution = 1.76% (0.703°\>0.080°).

^5^ For A330/A340 series airplanes, resolution = 1.18% (0.703°\>0.120°).

^6^ For A330/A340 series airplanes, resolution = 0.783%
(0.352°\>0.090°).

^7^ For A330/A340 series airplanes, aileron resolution = 0.704%
(0.352°\>0.100°).

For A330/A340 series airplanes, spoiler resolution = 1.406%
(0.703°\>0.100°).

^8^ For A330/A340 series airplanes, resolution = 0.30% (0.176°\>0.12°).

For A330/A340 series airplanes, seconds per sampling interval = 1.

\* \* \* \* \*

^18^ For all aircraft manufactured on or after \[INSERT DATE 2 YEARS
FROM THE EFFECTIVE DATE OF THE FINAL RULE\], the seconds per sampling
interval is 0.125. Each input must be recorded at this rate. Alternately
sampling inputs (interleaving) to meet this sampling interval is
prohibited.

Issued in Washington, DC on

Robert A. Sturgell

Acting Administrator