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[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]               
[Page 17041-17047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-6]                         

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 27, 29, 91, 121, 125, and 135

[Docket No. FAA-2005-20245; Amendment No. 27-45, 29-52, 91-313, 121-
349, 125-60 and 135-121]
RIN 2120-AJ65

 
Extension of the Compliance Date for Cockpit Voice Recorder and 
Digital Flight Data Recorder Regulations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: On March 7, 2008, the FAA published a final rule titled 
``Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder 
Regulations.'' The rule required certain upgrades of cockpit voice 
recorder and digital flight data recorder equipment on certain aircraft 
beginning April 7, 2010. That compliance date is being changed for 
certain requirements on certain aircraft.

DATES: These amendments are effective April 5, 2010.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this final rule contact Timothy W. Shaver, Avionics Maintenance Branch, 
Flight Standards Service, AFS-360, Federal Aviation Administration, 950 
L'Enfant Plaza, SW., Washington, DC 20024; telephone (202) 385-4292; 
facsimile (202) 385-4651; e-mail tim.shaver@faa.gov. For legal 
questions concerning this final rule contact Karen L. Petronis, 
Regulations Division, AGC-200, Office of the Chief Counsel, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone (202) 267-3073; facsimile (202) 267-7971; e-mail 
karen.petronis@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701. Under that section, 
the FAA is charged with prescribing regulations providing minimum 
standards for other practices, methods and procedures necessary for 
safety in air commerce. This regulation is within the scope of that 
authority since flight data recorders are the only means available to 
account for aircraft movement and flightcrew actions critical to 
finding the probable cause of incidents or accidents, including data 
that could prevent future incidents or accidents.

I. Background

A. History of the Regulatory Requirements

    In February 2005, the FAA issued a notice of proposed rulemaking 
proposing to amend the digital flight data recorder (DFDR) and cockpit 
voice recorder (CVR) regulations for much of the U.S. fleet of aircraft 
(70 FR 9752; February 28, 2005). Some of the changes proposed were 
based on recommendations from the National Transportation Safety Board 
(NTSB or Board) that were issued as a result of the Board's 
investigations of several aircraft accidents and incidents. A full 
discussion of the NTSB's recommendations and the FAA's proposed changes 
can be found in the 2005 NPRM.
    In March 2008, the FAA issued a final rule adopting many of those 
proposals (73 FR 12541; March 7, 2008). The requirements were adopted 
as aircraft certification or operating rules, some of which take effect 
on April 7, 2010, and include:
     The recording of datalink communications, when the 
communications equipment is installed on or after April 7, 2010;
     Wiring requirements related to single electrical failures 
and their effect on the DFDR and CVR systems;
     The addition of a 10-minute independent power source for 
the CVR;
     Requirements regarding the CVR location and housing;
     Requirements for the duration of DFDR recording;
     Requirements for the duration of CVR recording; and
     Increased sampling rates for certain DFDR parameters.
    A detailed discussion of the individual requirements and where they 
appear in the regulations can be found in the preamble to the 2008 
final rule, beginning at page 12556 (Section-By-Section Analysis). Some 
of the requirements were promulgated to be effective in two years, 
while others were required within four years of April 7, 2008.
    Between May 1, 2009 and December 14, 2009, the FAA received seven 
petitions from aircraft manufacturers and two from industry 
associations requesting either that the effective dates in the 
regulations be changed or that other relief from several of the 2008 
requirements be granted for aircraft manufactured on or after April 7, 
2010.
    In a notice of proposed rulemaking (NPRM) published on January 7, 
2010 (75 FR 943), the FAA denied all of the petitions and instead 
proposed that some of the requirements for newly manufactured aircraft 
be extended from the April 7, 2010 compliance date. Specifically, the 
FAA proposed that:
    1. For increased DFDR sampling rates, the compliance date for newly 
manufactured aircraft operated under part 121, 125, or 135 would be 
extended until December 6, 2010.
    2. For the datalink recording requirements, the compliance date 
after which the installation of datalink communications must include 
recording equipment would be extended until December 6, 2010 for 
aircraft operating under part 121, 125, or 135.

[[Page 17042]]

    3. For the ten-minute backup power source for CVRs, the compliance 
date for part 91 operators (only) would be extended to April 6, 2012.
    4. For increased DFDR sampling rates, the compliance date for newly 
manufactured aircraft operated under part 91 would be extended until 
April 6, 2012.
    5. For aircraft operating under part 91, datalink communications 
would have to be recorded when datalink communication equipment is 
installed on or after April 6, 2012.
    These proposed changes were the ones the FAA found to be 
potentially justified by the petitions submitted. All other compliance 
dates in the 2008 final rule remained as adopted, including the wiring 
requirements for CVRs and DFDRs; 25-hour solid state memory DFDRs; two-
hour solid state memory CVRs; the CVR and DFDR housing requirements; 
and the ten-minute backup power source for CVRs on aircraft operated 
under part 121, 125, or 135. A more complete discussion of the requests 
and the FAA's proposal can be found in the preamble to the NPRM.

B. General Response to the NPRM

    In the NPRM, the FAA invited comment from manufacturers and 
affected operators that may not consider the proposed extension to be 
sufficient. The agency requested that comments include specific, 
detailed information regarding their actions toward compliance, and 
reasons (such as lack of equipment availability) that continue to 
affect timely compliance with the 2008 regulations.
    The FAA received 14 comment documents to the NPRM, including five 
from airframe manufacturers, three from avionics equipment 
manufacturers, two from industry trade associations, three from air 
carriers, and from the NTSB. The comments generally supported the 
proposed changes, while three manufacturers requested further extension 
of the compliance dates based on continuing issues with compliance for 
certain models. One avionics equipment manufacturer stated that it had 
been ready to supply equipment and that an extension would serve as a 
reward to suppliers who did not provide compliant systems by the date 
required in the 2008 regulations.
    The NTSB supported the FAA and stated that our proposed extension 
of certain compliance dates was ``reasonable and realistic.'' The NTSB 
opposed any further delay that might be requested, and suggested that 
some of the original four-year compliance times could be shortened.

C. Aligning Requirements for Parts 91 and 135

    The General Aviation Manufacturers Association (GAMA) and 
Bombardier, Inc. (Bombardier) each submitted a comment encouraging the 
FAA to extend the dates for part 135 operation compliance to match 
those proposed for part 91. Each of the commenters noted that it is 
common for a business aircraft to spend part of its time operating 
under the regulations of part 91, and part of its time operating under 
part 135.
    The GAMA stated that the manufacturers of these aircraft have made 
significant progress toward compliance in the last 18 months, but that 
technical difficulties remain with full compliance. Since the 
manufacturers seek to deliver aircraft that meet their customers' need 
to change operating parts, it means that part 135 compliance is 
required, but that it cannot be integrated into the manufacturing 
process for deliveries made beginning April 8, 2010. The proposed part 
91 compliance date extension would provide no relief for most of the 
aircraft they manufacture because of the dual operational use of the 
aircraft.
    Bombardier noted that its primary avionics equipment suppliers 
focused on the commercial aircraft market (for parts 121 and 125) with 
their more generalized system architectures as their primary goal for 
2010 compliance. Accordingly, Bombardier's aircraft produced for part 
121 and 125 operators will meet the April 7, 2010, date without needing 
to make use of the proposed extension for those operations. But those 
compliance efforts have resulted in the engineering for Bombardier's 
business aircraft, which it describes as having ``more exotic bus 
architectures and systems that * * * cannot be supported by other 
suppliers'' remaining incomplete. Bombardier also noted that its 
Challenger aircraft model will need unanticipated hardware upgrades to 
meet the 8Hz sampling rates, and these costs and the underlying 
engineering were unanticipated in the 2008 final rule. This has taken 
the Challenger aircraft even further out of the normal manufacturing 
sequence and efforts to achieve compliance with the 2008 regulations. 
For its Challenger and BD-700 aircraft models, the proposed extension 
for increased sampling rates to December 2010 would decrease the number 
of noncompliant aircraft, but would not completely eliminate the need 
for exemptions to operate under part 135.
    Honeywell Aerospace also recommended that part 135 operations be 
aligned with part 91 and the compliance date for them be extended to 
2012, noting the crossover in operations and the lack of available 
compliant solutions for those aircraft. Gulfstream also requested that 
the proposed part 91 compliance extension be extended to part 135 
operations for aircraft with a capacity of 19 or fewer passengers, but 
did not detail its specific equipment or certification issues.
    The FAA disagrees that aircraft operated under part 135 should be 
treated the same as aircraft operated under part 91. It is true that 
the same aircraft may be used in both part 91 and part 135 operations. 
The FAA has addressed differing equipage and maintenance requirements 
in the past by requiring that the higher standard be met for all 
operations when there is mixed use. The agency sees no reason to change 
that practice in this instance.
    The FAA considers part 135 operators more akin to those of part 121 
than those of part 91, and proposed the same compliance date extension 
for both part 121 and 135. The general public, in purchasing air 
transportation, expects a level of equipage and safety that it would 
not necessarily expect to see in general aviation. The FAA has always 
maintained higher standards for aircraft operated for compensation or 
hire and sees no reason to change its position here. As a practical 
matter, the shorter compliance date will likely result in the aircraft 
used solely in part 91 operations complying before the April 2012 
compliance date.
    No changes are being adopted based on these comments. For part 135 
airplanes, the installation of increased DFDR sampling rates and 
datalink recording equipment is extended until December 6, 2010, as 
proposed.

D. Rule Language Discrepancy

    Several commenters, including the Boeing Company (Boeing), Airbus, 
and Avianca Airlines, identified a discrepancy between the text of 
current Sec.  121.359(k) and the proposed rule text of Sec.  121.359(j) 
regarding the datalink message set requirements in Sec.  25.1457(a)(6).
    The proposed rule text did contain an error. A similar error exists 
in other proposed operating rule sections. This final rule corrects the 
references in Sec. Sec.  91.609(i), 121.359(j), 125.227(h), and 
135.151(g)(1) and (g)(2) to indicate the correct compliance date for 
datalink recording requirements.

[[Page 17043]]

E. Miscellaneous Comments

    Boeing noted that in July 2009, it had requested a one-year 
exemption for all of its production models from the requirement for a 
ten-minute CVR independent power source. Boeing indicated that it has 
made significant advancements toward compliance since its original 
request, and expects to achieve compliance for all models except the 
Boeing 737. Boeing requested that the compliance date for 737s be 
changed from April 7, 2010 to July 6, 2010, noting that about 15 
aircraft are expected to be produced during that time, which is before 
the power source equipment can be certificated and installed.
    The FAA will not extend the compliance date in the rule for a 
single model of aircraft. The agency appreciates Boeing's renewed 
efforts at timely compliance, and will address the need for individual 
model 737 aircraft to be granted temporary operating exemptions when 
requested by the operators taking delivery of the affected aircraft. 
Requests for exemption need to be filed by the affected operators under 
the procedures of 14 CFR part 11. Any aircraft granted an exemption 
will need to be retrofitted with the power source equipment before any 
granted exemption expires.
    In its comment, Airbus included detailed descriptions of its 
efforts toward compliance since it filed a petition for exemption in 
June 2009 on behalf of affected operators of its aircraft. Airbus 
indicated that it cannot guarantee that design changes necessary to 
implement the increased DFDR sampling rates will be ready before the 
December 6, 2010 extension proposed in the NPRM, and renewed its 
request that the compliance date be extended a full year.
    The FAA has determined that the compliance date for part 121, 125, 
and 135 aircraft DFDR sampling rates will be extended until December 6, 
2010, as proposed. Operators that require relief for aircraft 
manufactured after that date may apply for temporary exemption relief 
under 14 CFR part 11.
    Airbus also renewed its request to extend the compliance time for 
datalink recording by one year from the current rule, indicating that 
the alternative is to have inactive datalink communication equipment 
installed.
    The FAA has again concluded that any future benefit of using 
datalink equipment alone is outweighed by the risk of not having the 
communications recorded. Once datalink equipment is installed and is in 
use for instructions that affect the movement of the aircraft, a record 
of those instructions becomes a critical element for post accident and 
incident investigation. The data provided by these and other recordings 
play a critical part in understanding the actions and events that lead 
up to the accident or incident. Once probable cause has been 
determined, actions can be taken to prevent future accidents of the 
same type from occurring. The elimination of voice communication and 
the requirements that it be recorded must be accomplished in a manner 
that maintains the integrity of the information, and that will occur 
when datalink communications are recorded. The implementation of the 
recording requirement cannot be further delayed in favor of some 
generalized benefit of lessened environmental operational impact and 
eventual international harmonization. The FAA notes that datalink 
communication remains optional under our regulations. But when chosen 
to be installed, the safety issues that attach to its use require that 
recordation of those communications not be delayed any further.
    Nor does the FAA accept the argument that since some datalink 
communications are captured on the ground, it would be an acceptable 
alternative to onboard recordation. Such activities are not recognized 
by federal regulation and raise questions with regard to who intercepts 
and maintains the record of such communications and to whom they would 
be accessible. Nor are there any industry standards for the capture or 
maintenance of data recorded by ground-based systems. While such 
activities may become acceptable in the future as the technology 
advances, it does not change the need for recording datalink 
communications on board an aircraft now.
    The Air Transport Association (ATA) commented on behalf of its 
member operators that the proposed extensions will reduce the number of 
airplanes that are unable to comply, but will not eliminate the 
potential need for temporary exemptions. The ATA also renewed its 
request for a change in the date after which in-service aircraft need 
to add datalink recording capability when new datalink equipment is 
installed.
    The FAA understands that the compliance extensions for part 121, 
125, and 135 operations adopted in this final rule may not capture 
every aircraft manufactured in 2010. As we noted in response to the 
Boeing 737 issue with the CVR independent power source, the FAA 
anticipates that some exemption requests will be filed. The FAA has 
found that the proposed compliance extension is appropriate under the 
circumstances described by the industry, but that further extension is 
not. The FAA notes that no matter how far in advance compliance dates 
are set, the agency is almost always faced with requests for temporary 
exemption as those dates approach. As indicated in the preamble to the 
proposed rule, the agency has not been persuaded that a different 
compliance time is either necessary or appropriate for in-service 
aircraft adding optional new datalink equipment. In response to 
industry inquiries, the FAA plans to publish on its Web site additional 
guidance on datalink recording compliance for upgrades to existing 
aircraft.

F. Rotorcraft Corrections

    In the NPRM, we also proposed changes to the certification rules of 
parts 27 and 29 to correct references to airplanes that were 
inadvertently placed in the rotorcraft certification rules. No comments 
were received on these proposed changes and they are adopted as 
proposed.

G. Final Rule Summary

    As compared with the final rule adopted in March 2008, this final 
rule adopts the following flight recorder equipment compliance times:
    1. For the ten-minute backup power source for CVRs, the compliance 
date for newly manufactured aircraft operating under part 91 is April 
6, 2012.
    2. For increased DFDR sampling rates, the compliance date for newly 
manufactured aircraft operating under part 91 is April 6, 2012.
    3. For increased DFDR sampling rates, the compliance date for newly 
manufactured aircraft operating under part 121, 125, or 135 is December 
6, 2010.
    4. For recordation of datalink communications, the compliance date 
after which newly installed datalink systems must include recording 
capability for aircraft operating under part 91 is April 6, 2012.
    5. For recordation of datalink communications, the compliance date 
after which newly installed datalink systems must include recording 
capability for aircraft operating under part 121, 125, or 135 is 
December 6, 2010.

II. Regulatory Notice and Analysis

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
is no current

[[Page 17044]]

or new requirement for information collection associated with this 
amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it is to be included in the preamble 
if a full regulatory evaluation of the cost and benefits is not 
prepared. Such a determination has been made for this rule. The 
reasoning for this determination follows:
    In response to its 2010 NPRM, the FAA received several comments 
that generally supported the proposed compliance dates. As discussed in 
the NPRM, the FAA recognizes that technical difficulties have 
necessitated the extension of certain compliance dates. By extending 
the compliance dates, this rule will eliminate some retrofit and 
airplane downtime costs.
    Some commenters requested that the proposed part 135 compliance 
date be aligned with the proposed part 91 compliance date because some 
newly manufactured airplanes will operate under both part 91 and part 
135. The FAA has determined that part 135 operations are more like part 
121 operations, and the same compliance date extension is being adopted 
for those two parts.
    The FAA has determined that this rule is cost relieving, is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    The compliance dates extensions will reduce the costs by delaying 
the date after which certain production aircraft must record some 
parameters at a higher sampling rate. Since these aircraft would not 
have been able to comply with the original date, this final rule 
reduces some of these costs. The expected outcome will benefit small 
operators that purchase new aircraft.
    Therefore, as the FAA Administrator, I certify that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Legitimate domestic objectives, such as safety, are 
not considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this rule and has determined that it will reduce 
costs on both domestic and international entities and thus has a 
neutral trade impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $141.3 million in lieu of $100 
million. This rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and, therefore, does not have federalism implications.

Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the FAA, when modifying its regulations in a manner 
affecting intrastate aviation in Alaska, to consider the extent to 
which Alaska is not served by transportation modes other than aviation, 
and to establish appropriate regulatory distinctions. In the NPRM, we 
requested comments on whether the proposed rule should apply 
differently to intrastate operations in Alaska. We did not receive any

[[Page 17045]]

comments, and we have determined, based on the administrative record of 
this rulemaking, that there is no need to make any regulatory 
distinctions applicable to intrastate aviation in Alaska.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in Chapter 3, paragraph 312f and involves no 
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Good Cause

    This final rule amends certain compliance dates in various 
operating regulations and provides relief to operators of certain 
aircraft manufactured on or after April 7, 2010. Since that date is 
less than 30 days from the publication of these amendments, the FAA has 
determined that good cause exists under 5 U.S.C. 553(d) to make this 
rule effective less than 30 days from publication.

List of Subjects in 14 CFR Parts 27, 29, 91, 121, 125, and 135

    Air carriers, Air taxis, Aircraft, Aviation safety, Charter 
flights, Safety, Transportation.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends parts 27, 29, 91, 121, 125, and 135 of Title 14, Code of Federal 
Regulations, as follows:

PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT

0
1. The authority citation for part 27 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44702, 44704.


0
2. Amend Sec.  27.1457 by revising paragraph (d)(1)(ii) to read as 
follows:


Sec.  27.1457  Cockpit voice recorders.

* * * * *
    (d) * * *
    (1) * * *
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the rotorcraft.
* * * * *

0
3. Amend Sec.  27.1459 by revising paragraph (a)(3)(ii) to read as 
follows:


Sec.  27.1459  Flight data recorders.

    (a) * * *
    (3) * * *
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the rotorcraft.
* * * * *

PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT

0
4. The authority citation for part 29 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44702, 44704.


0
5. Amend Sec.  29.1457 by revising paragraph (d)(1)(ii) to read as 
follows:


Sec.  29.1457  Cockpit voice recorders.

* * * * *
    (d) * * *
    (1) * * *
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the rotorcraft.
* * * * *

0
6. Amend Sec.  29.1459 by revising paragraph (a)(3)(ii) to read as 
follows:


Sec.  29.1459  Flight data recorders.

    (a) * * *
    (3) * * *
    (ii) It remains powered for as long as possible without 
jeopardizing emergency operation of the rotorcraft.
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
7. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).


0
8. Amend Sec.  91.609 by revising paragraph (i)(1) adding new paragraph 
(i)(3) and revising paragraph (j) to read as follows:


Sec.  91.609  Flight data recorders and cockpit voice recorders.

* * * * *
    (i) * * *
    (1) Is installed in accordance with the requirements of Sec.  
23.1457 (except for paragraphs (a)(6) and (d)(5)); Sec.  25.1457 
(except for paragraphs (a)(6) and (d)(5)); Sec.  27.1457 (except for 
paragraphs (a)(6) and (d)(5)); or Sec.  29.1457 (except for paragraphs 
(a)(6) and (d)(5)) of this chapter, as applicable; and
* * * * *
    (3) For all airplanes or rotorcraft manufactured on or after April 
6, 2012,

[[Page 17046]]

also meets the requirements of Sec.  23.1457(a)(6) and (d)(5); Sec.  
25.1457(a)(6) and (d)(5); Sec.  27.1457(a)(6) and (d)(5); or Sec.  
29.1457(a)(6) and (d)(5) of this chapter, as applicable.
    (j) All airplanes or rotorcraft required by this section to have a 
cockpit voice recorder and a flight data recorder, that install 
datalink communication equipment on or after April 6, 2012, must record 
all datalink messages as required by the certification rule applicable 
to the aircraft.
* * * * *

0
9. Amend appendix E to part 91 by revising footnote 5 to read as 
follows:

Appendix E to Part 91--Airplane Flight Recorder Specifications

* * * * *
\5\ For Pitch Control Position only, for all aircraft manufactured 
on or after April 6, 2012, the sampling interval (per second) is 8. 
Each input must be recorded at this rate. Alternately sampling 
inputs (interleaving) to meet this sampling interval is prohibited.


0
10. Amend appendix F to part 91 by revising footnote 4 to read as 
follows:

Appendix F to Part 91--Helicopter Flight Recorder Specifications

* * * * *
\4\ For all aircraft manufactured on or after April 6, 2012, the 
sampling interval per second is 4.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
11. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.


0
12. Amend Sec.  121.359 by revising paragraphs (e)(1) and (j)(1), 
adding new paragraph (j)(4), and revising paragraph (k) to read as 
follows:


Sec.  121.359  Cockpit voice recorders.

* * * * *
    (e) * * *
    (1) Is installed in accordance with the requirements of Sec.  
23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) or Sec.  
25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) of this 
chapter, as applicable; and
* * * * *
    (j) * * *
    (1) Is installed in accordance with the requirements of Sec.  
23.1457 (except for paragraph (a)(6) or Sec.  25.1457 (except for 
paragraph (a)(6)) of this chapter, as applicable;
* * * * *
    (4) For all airplanes manufactured on or after December 6, 2010, 
also meets the requirements of Sec.  23.1457(a)(6) or Sec.  
25.1457(a)(6) of this chapter, as applicable.
    (k) All airplanes required by this part to have a cockpit voice 
recorder and a flight data recorder, that install datalink 
communication equipment on or after December 6, 2010, must record all 
datalink messages as required by the certification rule applicable to 
the airplane.

0
13. Amend appendix M to part 121 by revising footnote 18, to read as 
follows:

Appendix M to Part 121--Airplane Flight Recorder Specifications

* * * * *
\18\ For all aircraft manufactured on or after December 6, 2010, the 
seconds per sampling interval is 0.125. Each input must be recorded 
at this rate. Alternately sampling inputs (interleaving) to meet 
this sampling interval is prohibited.
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
14. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.


0
15. Amend Sec.  125.227 by revising paragraph (h)(1), adding new 
paragraph (h)(4), and revising paragraph (i) to read as follows:


Sec.  125.227  Cockpit voice recorders.

* * * * *
    (h) * * *
    (1) Is installed in accordance with the requirements of Sec.  
25.1457 (except for paragraph (a)(6)) of this chapter;
* * * * *
    (4) For all airplanes manufactured on or after December 6, 2010, 
also meets the requirements of Sec.  25.1457(a)(6) of this chapter.
    (i) All airplanes required by this part to have a cockpit voice 
recorder and a flight data recorder, that install datalink 
communication equipment on or after December 6, 2010, must record all 
datalink messages as required by the certification rule applicable to 
the airplane.


0
16. Amend appendix E to part 125 by revising footnote 18, to read as 
follows:

Appendix E to Part 125--Airplane Flight Recorder Specifications

* * * * *
\18\ For all aircraft manufactured on or after December 6, 2010, the 
seconds per sampling interval is 0.125. Each input must be recorded 
at this rate. Alternately sampling inputs (interleaving) to meet 
this sampling interval is prohibited.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
17. The authority citation for part 135 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722.


0
18. Amend Sec.  135.151 by revising paragraphs (b)(1), (g)(1)(i), 
(g)(2)(i), and (h) and by adding paragraphs (g)(1)(iv) and (g)(2)(iv) 
to read as follows:


Sec.  135.151  Cockpit voice recorders.

* * * * *
    (b) * * *
    (1) Is installed in accordance with the requirements of Sec.  
23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)); Sec.  
25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)); Sec.  
27.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)); or Sec.  
29.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) of this 
chapter, as applicable; and
* * * * *
    (g)(1) * * *
    (i) Is installed in accordance with the requirements of Sec.  
23.1457 (except for paragraph (a)(6)); Sec.  25.1457 (except for 
paragraph (a)(6)); Sec.  27.1457 (except for paragraph (a)(6)); or 
Sec.  29.1457 (except for paragraph (a)(6)) of this chapter, as 
applicable; and
* * * * *
    (iv) For all airplanes or rotorcraft manufactured on or after 
December 6, 2010, also meets the requirements of Sec.  23.1457(a)(6); 
Sec.  25.1457(a)(6); Sec.  27.1457(a)(6); or Sec.  29.457(a)(6) of this 
chapter, as applicable.
    (2) * * *
    (i) Is installed in accordance with the requirements of Sec.  
23.1457 (except for paragraph (a)(6)); Sec.  25.1457 (except for 
paragraph (a)(6)); Sec.  27.1457 (except for paragraph (a)(6)); or 
Sec.  29.1457 (except for paragraph (a)(6)) of this chapter, as 
applicable; and
* * * * *
    (iv) For all airplanes or rotorcraft manufactured on or after 
December 6, 2010, also meets the requirements of Sec.  23.1457(a)(6); 
Sec.  25.1457(a)(6);

[[Page 17047]]

Sec.  27.1457(a)(6); or Sec.  29.457(a)(6) of this chapter, as 
applicable.
    (h) All airplanes or rotorcraft required by this part to have a 
cockpit voice recorder and a flight data recorder, that install 
datalink communication equipment on or after December 6, 2010, must 
record all datalink messages as required by the certification rule 
applicable to the aircraft.

0
19. Amend appendix C to part 135 by revising footnote 4 to read as set 
forth below.

Appendix C to Part 135--Helicopter Flight Recorder Specifications

* * * * *
\4\ For all aircraft manufactured on or after December 6, 2010, the 
sampling interval per second is 4.

0
20. Amend appendix E to part 135 by revising footnote 3 to read as set 
forth below.

Appendix E to Part 135--Helicopter Flight Recorder Specifications

* * * * *
\3\ For all aircraft manufactured on or after December 6, 2010, the 
sampling interval per second is 4.

0
21. Amend appendix F to part 135 by revising footnote 18 to read as set 
forth below.

Appendix F to Part 135--Airplane Flight Recorder Specifications

* * * * *
\18\ For all aircraft manufactured on or after December 6, 2010, the 
seconds per sampling interval is 0.125. Each input must be recorded 
at this rate. Alternately sampling inputs (interleaving) to meet 
this sampling interval is prohibited.

    Issued in Washington, DC, on March 30, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-7660 Filed 4-2-10; 8:45 am]
BILLING CODE 4910-13-P
```