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Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 23, 25, 27, 29, 91, 121,
125, 129, and 135
[Docket No. FAA–2005–20245; Notice No.
23–56, 25–118, 27–41, 29–48, 91–286, 121–
308, 125–47, 129–40 and 135–95]
RIN 2120–AH88

Revisions to Cockpit Voice Recorder
and Digital Flight Data Recorder
Regulations
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:

SUMMARY: The FAA proposes to amend
the cockpit voice recorder (CVR) and
digital flight data recorder (DFDR)
regulations for certain air carriers,
operators, and aircraft manufacturers.
This proposed rule would increase the
duration of CVR and flight data recorder
(FDR) recordings; increase the data
recording rate of certain DFDR
parameters; require physical separation
of the DFDR and CVR; improve the
reliability of the power supply to both
the CVR and DFDR; and if data-link
communication equipment is installed,
require that all data-link
communications received on an aircraft
be recorded. This proposal is based on
recommendations issued by the
National Transportation Safety Board
(NTSB) following the investigations of
several accidents and incidents, and
includes other revisions that the FAA
has determined are necessary. The
proposed improvements to the CVR and
DFDR systems are intended to improve
the quality and quantity of information
recorded and increase the potential for
retaining important information needed
during accident and incident
investigations.

Send your comments on or
before April 29, 2005.
ADDRESSES: You may send comments
[identified by Docket Number FAA–
2005–20245] using any of the following
methods:
• DOT Docket Web site: Go to
http://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to http://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
DATES:

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Room PL–401, Washington, DC 20590–
001.
• Fax: 1–202–493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For more information on the
rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
Privacy: We will post all comments
we receive, without change, to http://
dms.dot.gov, including any personal
information you provide. For more
information, see the Privacy Act
discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background
documents or comments received, go to
http://dms.dot.gov at any time or to
Room PL–401 on the plaza level of the
Nassif Building, 400 Seventh Street,
SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION 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.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. We also invite comments relating
to the economic, environmental, energy,
or federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
The docket is available for public
inspection before and after the comment
closing date. If you wish to review the
docket in person, go to the address in
the ADDRESSES section of this preamble
between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal
holidays. You may also review the
docket using the Internet at the web
address in the ADDRESSES section.
Privacy Act: Using the search function
of our docket web site, anyone can find

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and read the comments received into
any of our dockets, including the name
of the individual sending the comment
(or signing the comment 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
(65 FR 19477–78) or you may visit
http://dms.dot.gov.
Before acting on this proposal, we
will consider all comments we receive
on or before the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change this proposal in light of the
comments we receive.
If you want the FAA to acknowledge
receipt of your comments on this
proposal, include with your comments
a pre-addressed, stamped postcard on
which the docket number appears. We
will stamp the date on the postcard and
mail it to you.
Availability of Rulemaking Documents
You can get an electronic copy using
the Internet by:
(1) Searching the Department of
Transportation’s electronic Docket
Management System (DMS) web page
(http://dms.dot.gov/search);
(2) Visiting the Office of Rulemaking’s
web page at http://www.faa.gov/avr/
arm/index.cfm; or
(3) Accessing the Government
Printing Office’s web page at http://
www.access.gpo.gov/su_docs/aces/
aces140.html.
You can also get a copy by submitting
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 docket number, notice
number, or amendment number of this
rulemaking.
Background
Statement of the Problem
The National Transportation Safety
Board (NTSB) has indicated through
several recommendations that its
investigation of a variety of aircraft
accidents and incidents has been
hampered by the limited duration of
cockpit voice recorder (CVR) recordings
and the loss of power to both CVRs and
digital flight data recorders (DFDR).
These shortcomings have been cited
during investigation of the following
accidents or incidents: Alaska Airlines,
Inc. (Alaska), flight 261 on January 31,
2000; EgyptAir flight 990 on October 31,
1999; Delta Air Lines, Inc. (Delta), flight
2461 on December 15, 1998; Swissair

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flight 111 on September 2, 1998; SilkAir
flight 185 on December 19, 1997;
ValuJet Airlines (ValuJet) flight 592 on
May 11, 1996; Trans World Airlines,
Inc. (TWA), flight 800 on July 17, 1996;
and ValuJet flight 597 on June 8, 1995.
The NTSB has stated that measures
taken to determine the cause of the
above-referenced accidents and
incidents have been limited by the lack
of data needed to help identify events
that occurred.
The NTSB and other investigative
authorities have identified areas of
concern with CVRs and flight data
recorders (FDRs), which are used to
record specific information needed by
investigative authorities to determine
the cause of accidents and incidents.
The NTSB issued five safety
recommendations for improvements to
the flight recorder systems on all aircraft
required to carry a CVR and an FDR.
The specific NTSB recommendations
are discussed later in this notice.
Summary of Accidents and Incidents
Alaska Flight 261
On January 31, 2000, Alaska flight
261, a Boeing MD–83, was on a
scheduled international passenger flight
from Puerto Vallarta, Mexico, to San
Francisco, CA. The airplane crashed
into the Pacific Ocean near Point Mugu,
CA, and was destroyed. None of the 5
crewmembers or 83 passengers
survived. The FDR captured the entire
2 hours and 43 minutes of the flight, as
well as information from previous
flights; the CVR captured approximately
31 minutes of flightcrew member
conversations. At the beginning of the
CVR recording, the flightcrew were
already discussing an existing problem
with the airplane’s stabilizer trim.
EgyptAir Flight 990
On October 31, 1999, EgyptAir flight
990, a Boeing 767–366–ER, was on a
scheduled international flight from New
York, NY, to Cairo, Egypt. At about 1:50
a.m. Eastern Standard Time, the
airplane crashed into the Atlantic Ocean
approximately 60 miles south of
Nantucket Island, MA. The airplane was
destroyed and none of the 217
passengers or crewmembers survived.
Power to the CVR and DFDR was lost
when the engines were shut down.
Delta Flight 2461
On December 15, 1998, Delta flight
2461, a Boeing 737–232, was on a
scheduled domestic passenger/cargo
flight from Boston, MA, to Orlando, FL.
On approach for landing at Orlando
International Airport, the airplane
experienced a total loss of electrical

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power. The airplane sustained minor
damage and none of the 5 crewmembers
or 51 passengers reported any injuries.
The CVR and DFDR stopped recording
when electrical power was lost. The
FDR indicated the airplane was
descending through 2,700 feet when the
data stopped. The next recorded data
showed the airplane on the ground. The
time gap between the data recorded
during the descent and the data
recorded on the ground is unknown.
The NTSB determined that (1) the No.
1 and No. 2 generator control units
experienced identical failures (the
point-of-regulation fuses had blown,
and the automatic test equipment
revealed a blocking diode had shorted
in the battery power supply input
circuit); (2) the battery electrolyte levels
were low or nonexistent in all cells and
the battery voltage was below minimum
serviceable limits; and (3) the cockpit
direct current voltmeter indicated
approximately 2.0 volts over its full
scale deflection.
Swissair Flight 111
On September 2, 1998, Swissair flight
111, a McDonnell Douglas MD–11, was
on a scheduled international flight from
New York, NY, to Geneva, Switzerland.
Approximately 53 minutes after takeoff,
as the airplane was cruising at 33,000
feet, the flightcrew noticed an unusual
smell in the cockpit. Within 31⁄2
minutes, the flightcrew noticed visible
smoke in the cockpit, declared an
emergency, and was cleared to proceed
to Halifax, Nova Scotia. Approximately
20 minutes after the flightcrew first
noticed the unusual smell and
approximately 7 minutes after the
emergency declaration, the airplane
struck the water near Peggy’s Cove,
Nova Scotia. The airplane was
destroyed and none of the 215
passengers or 14 crewmembers
survived. The Transportation Safety
Board of Canada investigated the
accident; the NTSB assisted under the
provisions of Annex 13 to the
International Civil Aviation
Organization (ICAO) as the investigative
authority of the state of manufacture of
the airplane. The investigation revealed
heat damage consistent with a fire in the
ceiling area forward and aft of the
cockpit bulkhead. The CVR and the
DFDR stopped recording while the
airplane was at approximately 10,000
feet, about 6 minutes before the airplane
hit the water.
SilkAir Flight 185
On December 19, 1997, SilkAir flight
185, a Boeing 737 (B–737), entered a
rapid descent from 35,000 feet that
ended with a high-speed impact in the

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Sumatran River near Palembang,
Indonesia. The airplane was destroyed
and none of the 104 passengers or
crewmembers survived. The
Government of Indonesia conducted the
investigation, and the NTSB
participated. The investigation
determined that both recorders stopped
before the airplane entered the rapid
descent.
TWA Flight 800
On July 17, 1996, TWA flight 800, a
Boeing 747–100, was on a scheduled
passenger flight from New York, NY, to
Paris, France. At 8:45 p.m. Eastern
Standard Time, approximately 13
minutes into the flight, the airplane
exploded as it was climbing through
13,700 feet. The airplane was destroyed
and none of the 212 passengers or 18
crewmembers survived. The NTSB
determined the CVR and FDR stopped
working at the time of the explosion,
which was 40 to 50 seconds before the
airplane hit the water. The NTSB has
determined that the probable cause of
the TWA flight 800 accident was an
explosion of the center wing fuel tank
(CWT) resulting from ignition of the
flammable fuel/air mixture in the tank.
The source of ignition energy for the
explosion could not be determined with
certainty, but of the sources evaluated
by the investigation, the most likely was
a short circuit outside the CWT that
allowed excessive voltage to enter the
tank through electrical wiring associated
with the fuel quantity indication
system.
ValuJet Flight 592
On May 11, 1996, ValuJet flight 592,
a DC–9–32, was on a scheduled flight
from Miami, FL, to Atlanta, GA. Shortly
after departing Miami, the flightcrew
reported smoke and fire and began a
return to Miami. The airplane crashed
into the Everglades approximately 10
minutes after takeoff from Miami. The
airplane was destroyed and none of the
111 passengers or crewmembers
survived. The CVR and FDR stopped
working approximately 40 to 50 seconds
before the airplane crashed.
ValuJet Flight 597
On June 8, 1995, as ValuJet flight 597,
a DC–9–32, began its takeoff roll at
Hartsfield Atlanta International Airport,
a loud bang was heard by the occupants
and the right engine fire warning light
illuminated. The crewmembers of
another airplane informed ValuJet flight
597 that its right engine was on fire and
the takeoff was rejected. Shrapnel from
the right engine penetrated the fuselage
and the right engine main fuel line and
a cabin fire erupted. Two flight

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attendants and 5 passengers were
injured; none of the remaining 55
passengers or flightcrew were injured.
The NTSB determined that the probable
cause was the failure of maintenance
and inspection personnel to perform a
proper inspection of a 7th stage high
compressor disc in the engine, thus
allowing a detectable crack to grow to a
length at which the disc ruptured. The
noise level in the cockpit was so high
that the voices of the flightcrew could
not be heard on the CVR.
Summary of Revisions to the Flight Data
Recorder Regulations
The NTSB issued three safety
recommendations (Nos. A–95–25, A–
95–26, and A–95–27) during the
investigation into the crash of US Air,
Inc. (US Air), flight 427 that dealt
specifically with upgrades to the FDRs
for B–727s, B–737s, Lockheed L–1011s,
and all airplanes operating under Title
14, Code of Federal Regulations (14
CFR) part 121, 125, or 135. In response
to these recommendations, the FAA
revised the DFDR requirements for all
airplanes (Revisions to Digital Flight
Data Recorder Rules; Final Rule (62 FR
38362, July 17, 1997)). The 1997 rule
requires upgrades to the FDR
capabilities in most transport airplanes,
and requires additional information to
be recorded that is intended to enable
more thorough accident and incident
investigations and to enable the
industry to predict certain trends and
make necessary modifications before an
accident or incident occurs. The revised
1997 DFDR regulations specify that up
to 88 parameters be recorded on FDRs,
with the exact number depending on the
date of airplane manufacture. For
turbine-powered transport category
airplanes manufactured on or before
October 11, 1991, and not equipped
with a flight data acquisition unit
(FDAU), the regulations require 18
specified parameters to be recorded by
August 20, 2001. For airplanes
manufactured on or before October 11,
1991, equipped with a FDAU, the
regulations require 22 parameters to be
recorded by August 20, 2001. For
airplanes manufactured after October
11, 1991, the regulations require 34
parameters to be recorded by August 20,
2001; for airplanes manufactured after
August 18, 2000, the regulations require
57 parameters to be recorded; and for
airplanes manufactured after August 19,
2002, the regulations require 88
parameters to be recorded.
In its March 1999 final report on the
crash of US Air flight 427, the NTSB
concluded that the 1997 rule for
upgrading the DFDRs on existing
airplanes is not sufficient because it

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does not require specific flight control
information to be recorded. The NTSB
issued recommendation Nos. A–99–28
and A–99–29 specific to B–737 model
airplanes. The recommendations require
all B–737s to record pitch trim, trailing
and leading edge flap positions, thrust
reverser position, yaw damper
command, yaw damper status (on/off),
standby rudder status (on/off), and
control wheel, control column, and
rudder pedal forces. In response to these
recommendations, the FAA proposed
further revisions to the DFDR
regulations in notice No. 99–19,
Revisions to Digital Flight Data Recorder
Regulations for Boeing 737 Airplanes
and for Part 145 Operations; Notice of
Proposed Rulemaking (64 FR 63140,
November 18, 1999). In addition to the
requirements under the 1997 rule, the
B–737 rule would require all B–737
airplanes manufactured after the date of
the B–737 final rule to record
parameters (a)(1) through (a)(22) and
(a)(88) and new parameters (a)(89),
(a)(90), and (a)(91) (yaw damper status,
yaw damper command, and standby
rudder status, respectively). All B–737
airplanes manufactured on or before the
date of the B–737 final rule would be
required to record the applicable
parameters based on the 1997 rule and
parameters (a)(1) through (a)(22) and
(a)(88) through (a)(91) at the first heavy
maintenance check after 2 years after
the date of the B–737 final rule, but no
later than 4 years after the date of the
B–737 final rule.
NTSB Recommendations
In response to the 1995 ValuJet flight
597 incident, the 1996 crashes of
ValuJet flight 592 and TWA flight 800,
the 1997 crash of SilkAir flight 185, and
the 1998 crash of Swissair flight 111, the
NTSB submitted the following
recommendations to the FAA regarding
further upgrades to the CVR and FDR.
Recommendation No. A–96–89.
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.
Require that all newly manufactured
CVRs intended for use on airplanes have

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a minimum recording duration of 2
hours.
Recommendation No. A–99–16. 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,1 or later revision;
(2) is capable of recording the last 2
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.
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 2
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.
Amend § 25.1457 (CVR) and § 25.1459
(FDR) to require that CVRs, FDRs, and
redundant combination CVR/DFDR
units be powered from separate
generator buses with the highest
reliability.
FAA Response to NTSB
Recommendations
The FAA agrees with
recommendation Nos. A–96–89, A–96–
171, A–99–18, and parts of A–99–16
and A–99–17, and has initiated this
proposed rulemaking in response to
those recommendations. In the NTSB’s
March 9, 1999, Safety Recommendation
letter to the FAA regarding
1 The TSO for CVR systems provides, for
example, test procedures, fire test requirements,
and software development and design standards.

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recommendation Nos. A–99–16, A–99–
17, and A–99–18, it stated that the
Swissair flight 111 and SilkAir flight
185 accident investigations were two in
a long history of accident and incident
investigations that were hindered by the
loss of flight recorder data. The FAA
concludes that although the airplanes
involved in those accidents, and
EgyptAir flight 990, were not U.S.registered airplanes and the proposed
rule would not apply to them, the
circumstances surrounding those
accidents were unrelated to the registry
of the airplanes, and that many of the
same model airplanes are U.S. registered
and could experience similar problems.
The FAA also notes that the same issues
are of interest to ICAO, and the FAA
anticipates that these proposed changes
would be incorporated into ICAO
standards, making them applicable to
airplanes registered worldwide.
General Discussion of the Proposal
The usual format for discussing
proposed changes was found to be
confusing because this proposal
includes revisions to the certification
rules and the operating rules.
Accordingly, this preamble will discuss
the proposed changes by topic, and then
by the certification rules and the
operating rules. In this way, the
operators of specific aircraft can more
readily reference the proposed changes
that affect them. In addition, we will not
repeat these discussions of the
proposals in each section.
Each proposed change is applicable to
aircraft currently operating (a retrofit) or
to newly manufactured aircraft. The
aircraft retrofits apply to all aircraft
currently operating or that are
manufactured before [insert date 2 years
from the effective date of the final rule].
These aircraft would have 4 years from
the date of the final rule to comply.
Aircraft that are manufactured on or
after [insert date 2 years from the
effective date of the final rule], would
have to comply at the time of
manufacture. Any differences from
these time periods will be noted.
Cockpit Voice Recorder Duration
The FAA is proposing that all CVRs
be able to retain the last 2 hours of
cockpit audio. As stated by the NTSB,
the need for this information has made
itself evident several times when CVR
recordings begin while the flightcrew is
already discussing a problem that arose
before the 30 minutes now required to
be recorded. The FAA notes that in part
91, the current CVR recording
requirement is only 15 minutes. The
Transportation Safety Board of Canada
also cited the short duration of CVR

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recordings as a hindrance to the
investigation of Swissair flight 111 and
stated that the recording length is
predicated on 1960s technology.
In addition to the 2-hour recording
length, the proposed rule would require
this information be retained using a
recorder that meets the standards of
TSO–C123a, or later revision. It is the
FAA’s intent to eliminate magnetic tape
recorders because of their vulnerability
to damage and decreased reliability
given the state of current voice
recording technology. The FAA notes
that some operators are voluntarily
replacing older magnetic tape CVRs
with those that use a solid-state
recording mechanism because of the
high costs and technical problems
associated with maintaining outdated
equipment, including the difficulties in
finding replacement magnetic tape.
The changes to the CVR recording
duration are proposed as amendments
to the operating rules, where the
requirements currently are found. These
changes are proposed as a retrofit and a
new manufacture requirement.
Cockpit Voice Recorder Backup Power
Power interruptions have resulted in
CVR information not being captured
during the last minutes of several recent
accidents, including Swissair flight 111,
ValuJet flight 592, TWA flight 800, Delta
flight 2461, and EgyptAir flight 990. The
NTSB noted that power failures may
have resulted in the loss of significant
information that may have been
recordable and retrievable.
The proposed rule would require a
10-minute independent backup power
source for the CVR. The CVR would
automatically be switched to this 10minute independent power source in
the event all power to the CVR is
interrupted. The FAA notes that this
interruption may be from normal
shutdown or any other loss of power to
the electrical power bus. No specific
power source—such as a battery or a
capacitor—is identified in this notice.
Manufacturers may develop the 10minute independent power source as
best suits the needs of an individual
aircraft installation and issues of safety
and reliability. This 10-minute
independent power source is proposed
as a new manufacture requirement for
airplanes and rotorcraft.
Cockpit Voice Recorder and Flight Data
Recorder Wiring
The NTSB noted in its investigation of
the Swissair flight 111 accident that in
an effort to locate the source of smoke
in the cockpit, the flightcrew disabled
the electrical bus that powered both the
CVR and the DFDR on the airplane. The

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FAA notes that disabling the bus was
part of the emergency checklist
procedures. The NTSB is concerned that
both recorders were powered by the
same bus.
The FAA considered several wiring
options before proposing the one
included in this notice. One option the
FAA considered was whether the
flightcrew should have the ability to
disable the recorders during emergency
checklist procedures. The FAA also
gave lengthy consideration to the
various wiring schemes and numerous
emergency procedures already in place
on airplanes of varying types in the
fleet.
The proposed rule would require that
all newly manufactured aircraft have a
CVR and an FDR installed that receives
its electrical power from the bus that
provides the maximum reliability for
operation of the recorder without
jeopardizing service to essential or
emergency loads. The recorder also
must remain powered for as long as
possible without jeopardizing
emergency operation of the aircraft.
The FAA notes that the current
regulations are performance-based; they
do not specify which bus must power
which equipment. The FAA chose the
new proposed language to indicate that
it is still up to the manufacturer to
determine the wiring pattern that is best
to fulfill the goal of the recorders being
the last items to lose power before only
emergency or essential equipment is
powered. The FAA understands that, in
some cases, the buses that power
essential or emergency loads have
sufficient power to also power the
recording systems. The FAA considers
this the ideal situation; however, the
safety of the aircraft is paramount, and
the electrical circuitry for essential
loads should not be compromised. The
requirement for this wiring change is
found in the proposed revisions to the
certification rules.
The FAA points out that the NTSB’s
recommendation requiring the power
supply for specific equipment was
predicated on its companion
recommendation regarding the
installation of two complete recording
systems. Because the FAA is not
proposing a dual recorder system (see
the discussion below under Dual
Recording Systems), the wiring patterns
suggested by the NTSB are not readily
adaptable. In addition, because the FAA
finds that the CVR wiring requirement
is best served by a performance-based
rule, the proposal does not specify that
any equipment gets wired to the
essential bus, battery bus, or first or
second most essential bus. The FAA
notes that it considered all of these

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possibilities in deciding to continue
using a performance-based rule.
The FAA specifically requests
comments on the clarity of the proposed
rule language. The FAA encourages
commenters to submit alternative
language that meets the goals specified
if it would be more readily understood
by the industry.
A related wiring issue for the CVRs
and DFDRs concerns the possibility of a
single electrical failure disabling both
recorder systems. Accordingly, the
proposed changes to the certification
rules specify that the aircraft must be
designed so that no single electrical
failure will disable both the CVR and
DFDR. This requirement is proposed for
newly manufactured aircraft only.
Separate Containers
The current CVR and DFDR
regulations do not specify that the two
recorders must be in separate
containers. The FAA has always
maintained this position and has not
approved any installation that replaces
two recorders in separate boxes with a
single unit that has combined recorder
functions. To codify this policy, the
FAA is proposing that, for airplanes, the
CVR and DFDR must be installed in
separate containers, each meeting the
crashworthiness requirements already
in the regulations. This proposal is not
expected to result in any change or cost
to operators or manufacturers. Since
there is no cost or change in policy, this
requirement is proposed to be effective
at the time of the final rule.
If developed, the FAA will allow
combination units to be installed in
rotorcraft because of weight and size
constraints in these aircraft. If a single
combination unit is installed, however,
it would still be required to meet the
proposed airworthiness requirements
for reliability, single electrical failures,
and an independent power source for
CVRs. This language is included in the
proposed certification rules for
rotorcraft and states that if a single
combination unit is installed, it must
meet all of the requirements of that
section. An operator that wishes to
change to a single unit installation
would be required to retrofit its
rotorcraft to include the new power and
wiring requirements as well. No single
unit installation will be approved
without meeting these requirements
regardless of the age of the aircraft or its
original date of certification.
Increased DFDR Recording Rates
The quality of data recovered from
FDRs is critical to determining the cause
of aircraft accidents. Recent advances in
flight data recorder technology have

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centered around increasing the number
of parameters recorded, improving the
recording medium, and improving the
reliability, maintainability,
survivability, and recoverability of
recorded data; however, the required
data recording rates have lagged behind
available technology. A number of
parameters currently are required to be
recorded at a rate of 1 or 2 Hertz (Hz),
but flight tests demonstrate that sensing
and recording equipment can support
data rates ranging from 20 Hz to 100 Hz.
Therefore, based on recommendations
by the National Research Council
(recommendation 3–3, ‘‘Aviation Safety
and Pilot Control; Understanding and
Preventing Unfavorable Pilot-Vehicle
Interactions,’’ 1997) and the NTSB, the
FAA is proposing that certain
parameters of force and displacement
inputs to the primary flight controls by
the pilots and associated primary flight
control surface deflections be recorded
at a rate of at least 16 Hz.
Similarly, higher data rates are
considered feasible for rotorcraft flight
controls. In accordance with European
Organisation for Civil Aviation
Equipment (EUROCAE) document ED–
112 (Minimum Operational Performance
Specification for Crash Protected
Airborne Recorder Systems) dated
March 2003, the FAA is proposing
increased recording rates for newly
manufactured rotorcraft.
Data-Link Communication
Traditional communication in the
U.S. national airspace system is by
voice. As the aeronautical community
works to provide communication
systems that enhance safety, efficiency,
and capacity, a key element is the
introduction of data-link
communication. Data-link
communication provides text message
exchanges between aircraft, air traffic
service facilities, air traffic controllers,
and pilots. Data-link communication
can act as an alternative to voice
communication, and as a replacement
when voice communication is not
adequate to meet the performance
needed for the information exchanged.
Data-link communication is playing
an increasing role in attaining such
objectives as reduced separation and
user-preferred routings, and is being
integrated into aircraft flight
management equipment. As the scope of
data-link communication use increases,
it becomes more crucial that accident
and incident investigators be given a
full picture of the flight deck dynamics,
flightcrew workload, and flightcrew use
of avionics that are initiated by the
actual data transmitted to and received
by the flightcrew.

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Using data-link communication, an
air traffic controller can directly
transmit textual instructions, clearances,
and other safety related information to
an aircraft. As text communication
replaces voice communication, the need
arises to define the text message sets
being used and to record the actual text
messages received on an aircraft that
provide instructions to or simply
increase the workload of the flightcrew.
The proposed rule would require that,
if data-link communication equipment
is installed, all data-link communication
messages received on an aircraft be
recorded. The FAA considered
proposing the recording of only those
messages that affect the speed, heading,
and altitude of an aircraft, but was
unable to clearly describe this smaller
set of data messages. Although not every
data-link communication received may
be critical to accident investigation, the
FAA’s assessment of data-link
communication equipment indicates
that the burden is almost the same
whether 25 percent or 100 percent of
incoming messages are recorded. The
bulk of the cost of recording comes from
the requirement to record at least one
message, because that requirement
forces the equipment and wiring to be
established. Selecting certain messages
to be recorded merely makes the
recordation more complicated and
could result in extensive, inconsistent
review of text message sets during
certification. The NTSB also has
suggested to the FAA that the
recordation of all data-link
communication would give it a better
picture of the flightcrew workload
during the time leading up to an
accident or incident.
The FAA is requesting specific
comments concerning the number of
data-link communication messages that
are required to be recorded.
Commenters are requested to propose
clearly defined sets of messages that
they believe will satisfy the goal of
recording important flight deck
communications, and an indication of
the cost comparison between the
recordation requirement proposed here
and any suggested by the commenters.
The proposed rule indicates that the
data-link communications are to be sent
using an approved message set. No
specific data-link communication
message set is proposed in order to
avoid unnecessary restriction of future
systems. The FAA intends to approve
standardized message sets such as those
found in ICAO Annex 10, volume III,
section 3, document 9705, ‘‘Manual of
Technical Provisions for the
Aeronautical Telecommunications
Network (ATN),’’ section 2.3.4,

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Controller Pilot Data Link
Communication Application: Formal
Definitions of Messages; or those
established using RTCA, Inc., Document
No. RTCA/DO–219, ‘‘Minimum
Operational Performance Standards for
ATC Two-Way Data Link
Communications,’’ appendix A (August
27, 1993). The FAA does not intend to
encourage the creation of individualized
data message sets. The proliferation of
individual message sets would most
likely complicate accident investigation
unnecessarily. As newer systems
develop and the current standards are
modified and improved, the FAA does
not want the rule to become quickly
outdated by defining a current standard.
Accordingly, the notice is written as a
performance standard for recording,
with the individual message set to be
approved at certification to allow the
most recent developments to be
included. Further discussion of
allowable message sets would be
presented in advisory material that
would be issued at the time of the final
rule.
The proposed rule also requires that
the data-link communication messages
be sent to the recorder from the
communications unit that translates the
signal into a usable format. In most
cases, this is the flight management
system or communications management
unit. No specific term is being used
because no particular system is being
required. The FAA anticipates that this
recorded signal would be the same as
the one sent to the cockpit display.
The FAA understands that there are
three places that data-link
communication messages could be
picked up for recording—as the
incoming radio signal enters the aircraft,
as the data is transmitted from the
communications unit to the cockpit
display, or as the data is displayed on
the cockpit display. The FAA chose the
second option for several reasons. First,
radio signals entering the aircraft
contain extraneous information that is
not relevant to accident or incident
investigation. Moreover, these signals
need to be translated from a radio signal
to a text message. Second, the FAA is
unable to propose a practical, feasible
method of capturing ‘‘what the pilot
sees’’ off of the actual cockpit display.
Last, there is no developed technology
for reliable recording of this
information. In short, the FAA is trying
to minimize the burden on
manufacturers in wiring and additional
equipment, and to minimize the burden
on the FAA and any eventual
investigators by not capturing more data
than is needed. The communications
unit signal is already being generated

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and would allow investigators to see the
incoming data message and any
acknowledgement or response by the
flightcrew. If the proposed rule language
is not clear, the FAA requests comments
as to the best way to describe this signal
and its relationship to generic
communications equipment.
The goal of data-link communication
recording is to record enough of the
information to enable the following
items to be determined, either by direct
recordation or formal deduction of the
recorded information:
• The content of data-link
communication messages as displayed
on the flight deck. The precise content
need not be recorded if the content can
be deduced, such as the message
element number, any variable of that
message element, and timing
information.
• The message priority assignment.
• The number of messages in uplink/
downlink queues.
• The content of all messages
generated by the flightcrew.
• The time each downlink message is
generated, that is, when the flightcrew
selects ‘‘send.’’
• The time any message was available
for display to the flightcrew.
• The time any message was actually
displayed by the flightcrew.
Two hours of data-link
communications would be required to
be recorded, as is proposed for all
cockpit voice communications. Weather
radar is not considered part of a datalink communication message set and
need not be recorded.
Data-Link Communication Recording
Applicability
The proposed data-link
communication recording requirements
would apply to all aircraft manufactured
on or after [insert date 2 years from the
effective date of the final rule], on
which data-link communication
equipment is installed. The FAA is not
proposing that data-link communication
equipment be required on any aircraft;
the requirement is to record it if the
equipment is installed. Similarly, any
aircraft on which data-link
communication equipment is
voluntarily installed on or after [insert
date 2 years from the effective date of
the final rule], as a retrofit would also
be required to record all data-link
communications as of the date of
installation.
These proposed effective dates were
recommended by the NTSB. The current
data-link communication equipment
being used does not use the same
message sets, and often includes
information extraneous to the operation

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of the aircraft. The FAA anticipates that
both the means and the messages that
are to be recorded will be better defined
once this rule is in place and data
message sets are approved.
Dual Recording Systems
The FAA is not proposing the
installation of two complete recording
systems (two CVRs and two DFDRs) in
each aircraft, as recommended by the
NTSB. After a careful analysis of the
benefits of having two systems, the FAA
is unable to justify the excessive cost
that would be incurred in the
installation of two complete systems.
The NTSB has not cited any instance in
which at least one of the two recorders
present has not been recovered. In
addition, the FAA finds that in the case
of an accident so catastrophic that
neither recorder survives, a second set
of recorders located in the front of the
aircraft would probably not survive
either. The FAA specifically requests
commenters to present any arguments
and cost data on the desirability of
requiring two combination CVR/DFDR
recording systems. The FAA does not
anticipate that dual recording systems
would be implemented in a final rule,
but that any information provided may
be considered for future rulemaking
action.
The FAA finds much greater evidence
of benefit in changes to wiring systems
that could prevent inadvertent
shutdown of power sources, and for an
independent power supply for CVRs,
and has included those provisions in
this proposed rule for newly
manufactured airplanes and rotorcraft.
Accident investigations indicate that in
some instances (Swissair flight 111,
ValuJet flight 592, Delta flight 2461, and
Egyptair flight 990), valuable voice and
background sounds may have been
recorded if the CVR had remained
powered. Because the airplane involved
in TWA flight 800 broke up in flight and
there was no electrical connection
between the cockpit and the CVR
installed in the tail section, it is
doubtful that useful information would
have been obtained even if there had
been a 10-minute independent power
source installed.
The FAA is not proposing a retrofit of
a 10-minute independent power supply
for CVRs. We are not able to justify the
significant costs of the development and
installation of such equipment for inservice aircraft. The FAA is also not
proposing a 10-minute independent
power source for FDRs. The FAA has
found that in the event of a substantial
loss of power to the aircraft, there would
be no data coming from unpowered

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This would be added in proposed
§ 23.1457(d)(6).
For all part 23 airplanes manufactured
on or after [insert date 2 years from the
effective date of the final rule], four new
proposed requirements would be added
to § 23.1457. First, the CVR would be
required to record data-link
communications when such equipment
is installed on the airplane (proposed
§ 23.1457(a)(6)). Second, the CVR would
be required to receive its electrical
power from the bus that provides the
maximum reliability for operation
without jeopardizing service to essential
or emergency loads (proposed
§ 23.1457(d)(1)). Third, the CVR would
be required to be installed so that no
single electrical failure could disable
both the CVR and the DFDR (proposed
§ 23.1457(d)(4)). Last, for all airplanes
required to have a CVR and an FDR, a
10-minute independent power source
would be required to which the CVR is
switched automatically. Based on the
NTSB recommendation, the
independent power source is not
proposed for aircraft that are required to
have only a cockpit voice recorder
under § 135.151.

a box separate from the FDR (proposed
§ 25.1457(d)(6)). This requirement
merely codifies the current FAA policy
and would be effective at adoption of
the final rule.
For all part 25 airplanes manufactured
on or after [insert date 2 years from the
effective date of the final rule], there are
four new requirements being proposed
as additions to § 25.1457. First, the CVR
would be required to record data-link
communications when such equipment
is installed on the airplane (proposed
§ 25.1457(a)(6)). Second, the CVR would
be required to receive its electrical
power from the bus that provides the
maximum reliability for operation
without jeopardizing service to essential
or emergency loads (proposed
§ 25.1457(d)(1)). Third, the CVR would
be required to be installed so that no
single electrical failure could disable
both the CVR and the DFDR (proposed
§ 25.1457(d)(4)). Last, for all airplanes
required to have a CVR and an FDR, a
10-minute independent power source
would be required, to which the CVR is
switched automatically. These
requirements are discussed separately in
this preamble.

Digital Flight Data Recorders

Digital Flight Data Recorders
For part 25 airplanes, the DFDR
requirements of § 25.1459 would be
changed as follows. All airplanes
certificated under part 25 would be
required to have their DFDRs in a box
separate from the CVR (proposed
§ 25.1459(a)(8)). This requirement
merely codifies the current FAA policy
and would be effective at adoption of
the final rule.
For all part 25 airplanes manufactured
on or after [insert date 2 years from the
effective date of the final rule], two new
proposed requirements would be added
to § 25.1459. First, the DFDR would be
required to receive its electrical power
from the bus that provides the
maximum reliability for operation
without jeopardizing service to essential
or emergency loads (proposed
§ 25.1459(a)(3)). Second, the DFDR
would be required to be installed so that
no single electrical failure could disable
both the CVR and the DFDR (proposed
§ 25.1459(a)(7)). These requirements are
discussed separately in this preamble.

Part 23 Airplanes

For part 23 airplanes, the DFDR
requirements of § 23.1459 would be
changed as follows. All airplanes
certificated under part 23 would be
required to have their DFDRs in a box
separate from the CVR (proposed
§ 23.1459(a)(7)). This requirement
merely codifies the current FAA policy
and would be effective at adoption of
the final rule.
For all part 23 airplanes manufactured
on or after [insert date 2 years from the
effective date of the final rule], there are
two new requirements being proposed
as additions to § 23.1459. First, the
DFDR would be required to receive its
electrical power from the bus that
provides the maximum reliability for
operation without jeopardizing service
to essential or emergency loads
(proposed § 23.1459(a)(3)). Second, the
DFDR would be required to be installed
so that no single electrical failure could
disable both the CVR and the DFDR,
(proposed § 23.1459(a)(6)). These
requirements are discussed separately in
this preamble.

Cockpit Voice Recorders

Part 25 Airplanes

All airplanes certificated under part
23 that are required to have a CVR and
an FDR would be required to have their
CVRs in a box separate from the FDR.
This requirement merely codifies the
current policy of the FAA and would be
effective at adoption of the final rule.

Cockpit Voice Recorder

sensors; therefore, there would be
nothing for a powered FDR to record.
The FAA has recently become aware
of potential security benefits of a
deployable flight recorder system (one
that can be jettisoned from the aircraft).
We envision that such a system would
be an additional set of recorders (flight
data and cockpit voice recorders) that
could be ejected from the airplane in the
event of an emergency. The FAA does
not anticipate that a deployable system
would be implemented in a final rule,
but information provided by
commenters may be considered for
future rulemaking action.
This proposed rule does not include
any provisions for such a deployable
system. Significant information
regarding such a system would be
needed before the agency could assess
the costs and benefits of such devices.
The agency is interested in receiving
such information, including the benefits
of a deployable recorder system, how it
might work, how it would be installed
on an aircraft for deployment, the
deployment methodology (manual or
automatic), changes to aircraft design
and certification, and especially the
costs for development, installation and
maintenance of a hardened, crash
survivable, and easily recoverable
system.
Please submit all comments and
information regarding the feasibility and
specifications for a deployable recording
system to the docket for this
rulemaking.
Recordation of Cockpit Communication
or Audio Signals
The FAA is proposing to require
certain aircraft required to have a
cockpit voice recorder and a flight data
recorder to include the interphone
requirements of § 23.1457(a)(3) through
(a)(5) or § 25.1457(a)(3) through (a)(5), as
applicable. Transport category airplanes
would be required to be retrofit and all
airplanes and rotorcraft manufactured
on or after [insert date 2 years from the
effective date of the final rule], would be
required to comply at the time of
manufacture.
Changes to the Aircraft Certification
Regulations

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Cockpit Voice Recorder

For part 25 airplanes, the CVR
requirements of § 25.1457 will be
changed as follows. All airplanes
certificated under part 25 that are
required to have a CVR and an FDR
would be required to have their CVRs in

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Part 27 or Part 29 Rotorcraft

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For part 27 or part 29 rotorcraft, the
CVR requirements of §§ 27.1457 and
29.1457 would be changed as follows.
For all rotorcraft certificated under part
27 or part 29 required to have a CVR
and an FDR, one combination unit
could be installed (proposed

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§§ 27.1457(h) and 29.1457(h)). This
requirement codifies the current FAA
policy and would be effective at
adoption of the final rule.
For all part 27 or part 29 rotorcraft
manufactured on or after [insert date 2
years from the effective date of the final
rule], four new proposed requirements
would be added to §§ 27.1457 and
29.1457. First, the CVR would be
required to have the ability to record
data-link communications when such
equipment is installed on the rotorcraft
(proposed §§ 27.1457(a)(6) and
29.1457(a)(6)). Second, the CVR would
be required to receive its electrical
power from the bus that provides the
maximum reliability for operation
without jeopardizing service to essential
or emergency loads (proposed
§§ 27.1457(d)(1) and 29.1457(d)(1)).
Third, if the CVR and DFDR are
installed in separate boxes, then the
CVR would be required to be installed
so that no single electrical failure could
disable both the CVR and the DFDR
when both are installed (proposed
§§ 27.1457(d)(4) and 29.1457(d)(4)).
Fourth, all rotorcraft certificated under
part 27 or part 29 required to have a
CVR and an FDR would be required to
include a 10-minute independent power
source for the CVR to which it is
switched automatically (proposed
§§ 27.1457(d)(5) and 29.1457(d)(5)).
These requirements are discussed
separately in this preamble.
Digital Flight Data Recorders
For part 27 or part 29 rotorcraft, the
DFDR requirements of §§ 27.1459 and
29.1459 would be changed as follows.
For all rotorcraft certificated under part
27 or part 29 that must have both a CVR
and a DFDR, one combination unit
could be installed (proposed
§§ 27.1459(e) and 29.1459(e)). This
requirement codifies the current FAA
policy and would be effective at
adoption of the final rule.
For all part 27 and part 29 rotorcraft
manufactured on or after [insert date 2
years from the effective date of the final
rule], two new proposed requirements
would be added to §§ 27.1459 and
29.1459. First, the DFDR would be
required to receive its electrical power
from the bus that provides the
maximum reliability for operation
without jeopardizing service to essential
or emergency loads (proposed
§§ 27.1459(a)(3) and 29.1459(a)(3)).
These requirements are discussed
separately in this preamble. Second, if
the CVR and the DFDR are installed in
separate boxes, then the DFDR would be
required to be installed so that no single
electrical failure could disable both the

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CVR and the DFDR (proposed
§§ 27.1459(a)(6) and 29.1459(a)(6)).
Changes to the Aircraft Operating
Regulations
Cockpit Voice Recorders—Aircraft
Retrofit Requirements
Each of the following proposed
requirements would be in addition to all
current regulations. The proposed
language uses the word ‘‘also’’ to
indicate that the current regulations for
the CVR are not eliminated.
The retrofit proposal would require,
for all airplanes, 2 hours of cockpit
voice communication to be recorded
using a CVR that meets the standards of
TSO–C123a, or later revision. Current
regulations require that 15 minutes to 30
minutes of cockpit voice
communication be recorded and do not
specify the recording medium. The new
operating requirements are proposed in
§§ 91.609(i)(2), 121.359(i)(2),
125.227(g)(2), and 135.151(f)(2).
For all airplanes currently in service
that are required to have both a CVR nd
an FDR, this proposal would be a
retrofit requirement and would require
compliance no later than [insert date 4
years from the effective date of the final
rule].
These enhancements would also be
required on all aircraft (including
rotorcraft) manufactured on or after
[insert date 2 years from the effective
date of the final rule].
The proposal also would require that
the CVR be operated continuously from
the start of the use of the checklist
before starting the engines for the
purpose of flight, to completion of the
final checklist at the termination of the
flight. The current operating rules
contain a mixture of requirements
concerning the time the CVR must be
operated. This language would be
adopted in each of the operating parts
to make the requirement the same,
regardless of the operating rules under
which an aircraft is operated.
This ‘‘checklist-to-checklist’’
requirement would be effective at
adoption of the final rule. The FAA
finds that this requirement can easily be
incorporated into aircraft operations
without a time for retrofit, because it
requires only a new checklist be used.
This requirement would be added in
§§ 91.609(e)(2), 121.359(i)(3) and (j)(3),
125.227(g)(3) and (h)(3), and
135.151(a)(2), (b)(2), and (g)(1)(ii).
For transport category airplanes, these
proposed retrofit times also would
apply to the inclusion of current
§ 25.1457(a)(3), (a)(4), and (a)(5), which
address the recording of cockpit
interphone communications. These

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three paragraphs already exist in part 25
and concern which voice
communications must be recorded. This
requirement would make the rule the
same for all transport category airplanes,
regardless of the part under which they
operate. The proposed requirements
would be added to §§ 91.609(i)(3),
121.359(i)(4), 125.227(g)(1), and
135.151(f)(3).
Part 129 airplanes registered in the
United States currently do not have a
cockpit voice recorder requirement.
These requirements would be added in
proposed new § 129.22. In addition,
§ 129.1 would be amended to add new
§ 129.22 as a requirement.
Cockpit Voice Recorders—Newly
Manufactured Aircraft Requirements
The CVR requirements would be
upgraded for all aircraft manufactured
on or after [insert date 2 years from the
effective date of the final rule]. The
operating rules differ in their CVR
requirements and require different
amendment language to account for the
current requirements. The intent is to
have the same requirements across the
board for all newly manufactured
aircraft. In some cases, proposed
changes to the rule appear less detailed
because certain parts of the current
regulations already contain some of the
requirements. Accordingly, the
following discussion explains the
proposed changes by operating rule
part. Each of the following proposed
requirements is in addition to all
current regulations. The proposed
language uses the word ‘‘also’’ to
indicate that the current regulations for
the CVR are not eliminated.
Proposed § 91.609(j) would require
that CVRs in newly manufactured
aircraft (aircraft manufactured on or
after [insert date 2 years from the
effective date of the final rule]) meet all
of the requirements of §§ 23.1457,
25.1457, 27.1457, or 29.1457, depending
on the type of aircraft. This proposed
section would incorporate all of the
current and proposed requirements for
CVRs, including the recording of 2
hours of cockpit voice communications
using a recorder that meets the
standards of TSO–C123a, or later
revision.
Proposed § 121.359(j) would require
that the CVRs in all newly
manufactured turbine engine-powered
airplanes meet the requirements of
§§ 23.1457 or 25.1457. These are the
provisions for data-link communication
recording, electrical power source,
single electrical failure, 10-minute
independent power source, and separate
containers that were discussed
previously. Cockpit voice recorders also

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would have to record for 2 hours using
a recorder that meets the standards of
TSO–C123a, or later revision. The
interphone requirements, previously
applicable only to transport category
airplanes and the checklist-to-checklist
requirement, would also be required.
Proposed § 125.227(h) would require
that all CVRs in all newly manufactured
turbine engine-powered airplanes meet
all of the requirements of § 25.1457(a)(3)
through (a)(6), (d)(1), (d)(4), (d)(5), and
(d)(6), as proposed. These are the
provisions for interphone recording,
data-link communications recording,
electrical power source, single electrical
failure, 10-minute independent power
source, and separate containers. New
paragraph (h) also proposes the
requirement for 2 hours of recording
using a CVR that meets the standards of
TSO–C123a, or later revision, and the
checklist-to-checklist requirement as
discussed previously.
Proposed § 129.22 would apply all to
all U.S.-registered aircraft operated in
common carriage by a foreign person or
air carrier. These aircraft would be
required to have a cockpit voice
recorder installed that meets the
standards of TSO–C123a, or later
revision. The cockpit voice recorders
would also be required to record the
information that would be required to
be recorded if that aircraft were
operated under part 121, 125, or 135
and be installed by the compliance
times for those parts, as applicable to
the aircraft.
Proposed § 135.151(g)(1) would apply
to newly manufactured multiengine
turbine-powered airplanes or rotorcraft
that have a passenger seating
configuration of six or more seats, for
which two pilots are required, and that
is required to have a FDR. This
paragraph contains the proposed new
manufacture requirement for aircraft
that would otherwise be covered by
§ 135.151(a). The proposed
requirements are broken down as
follows:
For part 23 airplanes, the CVRs would
be required to meet all of the
requirements of § 23.1457, as proposed.
These are the provisions for data-link
communications recording, electrical
power source, single electrical failure,
10-minute independent power source,
and separate containers. The interphone
requirements of § 23.1457(a)(3) through
(a)(5) would also be included.
For part 25 airplanes, the CVRs would
be required to meet all of the
requirements of § 25.1457, as proposed.
These are the provisions for interphone
recording, data-link communications
recording, electrical power source,
single electrical failure, 10-minute

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independent power source, and separate
containers.
For part 27 rotorcraft, the CVRs would
be required to meet the requirements of
§ 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and
(h). These are the provisions for datalink communications recording,
electrical power source, single electrical
failure, 10-minute independent power
source, and combination units.
For part 29 rotorcraft, the CVRs would
be required to meet the requirements of
§ 29.1457(a)(6), (d)(1), (d)(4), (d)(5), and
(h). These are the provisions for datalink communications recording,
electrical power source, single electrical
failure, 10-minute independent power
source, and combination units.
Proposed § 135.151(g)(1) also includes
the proposed requirement for 2 hours of
recording using a CVR that meets the
standards of TSO–C123a, or later
revision, and the proposed checklist-tochecklist requirement as discussed
above, for all aircraft required to have a
CVR regardless of certification basis.
Proposed § 135.151(g)(2) would apply
to newly manufactured multiengine
turbine-powered airplanes or rotorcraft
that have a passenger seating
configuration of 20 or more seats and
that are required to have an FDR under
§ 135.152. This paragraph contains the
proposed new manufacture requirement
for aircraft that would otherwise be
covered by § 135.151(b), with the
addition of rotorcraft of this size. The
proposed requirements are broken down
as follows:
For part 23 airplanes, the CVRs would
be required to meet all of the
requirements of § 23.1457, as proposed.
These are the provisions for interphone
recording, data-link communications
recording, electrical power source,
single electrical failure, 10-minute
independent power source, and separate
containers.
For part 25 airplanes, the CVRs would
be required to meet all of the
requirements of § 25.1457. These are the
provisions for interphone recording,
data-link communications recording,
electrical power source, single electrical
failure, 10-minute independent power
source, and separate containers.
For part 27 rotorcraft, the CVRs would
be required to meet the requirements of
§ 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and
(h). These are the provisions for datalink communications recording,
electrical power source, single electrical
failure, 10-minute independent power
source, and combination units.
For part 29 rotorcraft, the CVRs would
be required to meet the requirements of
§ 29.1457(a)(6), (d)(1), (d)(4), (d)(5), and
(h). These are the provisions for datalink communications recording,

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electrical power source, single electrical
failure, 10-minute independent power
source, and combination units.
Proposed § 135.151(g)(2) also includes
the proposed requirement for 2 hours of
recording using a CVR that meets the
standards of TSO–C123a, or later
revision, and the proposed checklist-tochecklist requirement as discussed
above, for all aircraft regardless of
certification basis.
Proposed §§ 91.609(j), 121.359(j),
125.227(h), and 135.151(g) would
include the requirement for all newly
manufactured airplanes or rotorcraft
that are required to have a cockpit voice
recorder and a flight data recorder, and
that have data-link communication
equipment installed, to record the datalink communication in accordance with
the proposed changes to the certification
rules. These proposed changes are
found in §§ 23.1457(a)(6), 25.1457(a)(6),
27.1457(a)(6), and 29.1457(a)(6).
In addition, proposed §§ 91.609(k),
121.359(k), 125.227(i), and 135.151(h)
would include the proposed
requirement that if data-link
communication equipment is installed
on any aircraft 2 years after the effective
date of the final rule, those aircraft must
record all data-link communications in
accordance with the proposed
certification rule as of the time of
equipment installation.
Digital Flight Data Recorders—Aircraft
Retrofit Requirements
Each of the following proposed
requirements is in addition to all
current regulations. The proposed
language uses the word ‘‘also’’ to
indicate that the current regulations for
the FDR are not eliminated.
Part 91 Operations
The proposed rule would require that
all airplanes subject to § 91.609(c)(1) be
retrofitted with a DFDR that retains the
last 25 hours of recorded data. The rule
also would require that the DFDR be in
a separate box from the CVR. This latter
proposal is a codification of current
policy and is not expected to require
any equipment changes. These
requirements would be added in
§ 91.609(c)(2).
Part 121 Operations
The proposed rule would amend
§ 121.343 by changing a typographical
error in the date in paragraph (c). The
rule also would add a new paragraph
(m) to that section to indicate that it
applies only to airplanes listed in
§ 121.344(l)(2), which are the airplanes
excepted from the 1997 upgrade
requirements. No change in status is
expected by this proposed revision. The

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FAA has received numerous inquiries
regarding the applicability of §§ 121.343
and 121.344; this change is meant to
clarify the applicability of these two
sections.
Part 125 Operations
The proposed rule would add a new
paragraph (j) to § 125.225 to indicate
that that section applies only to
airplanes listed in § 125.226(l)(2), which
are the airplanes excepted from the 1997
upgrade requirements. No change in
status is expected by this proposed
revision. The FAA has received
numerous inquiries regarding the
applicability of §§ 125.225 and 125.226;
this change is meant to clarify the
applicability of these two sections.
Part 135 Operations
The proposed rule would require that
the DFDR be in a separate box from the
CVR in airplanes. In rotorcraft, when
both a CVR and an FDR are required,
one combination unit could be installed.
This proposal is a codification of
current policy and is not expected to
require any equipment changes. This
requirement would be added in
§ 135.152(l), including references to four
parts of the certification rules applicable
to the particular aircraft being operated.
Digital Flight Data Recorders—Newly
Manufactured Aircraft Requirements
The digital flight data recorders in all
newly manufactured aircraft would be
required to meet the standards of the
Technical Standard Order on Flight
Data Recorder Systems, TSO–C124a2, or
later revision. The following are
additional proposed requirements by
operating part.
Part 91 Operations
The proposed rule would require that
all airplanes and rotorcraft subject to
§ 91.609(c)(1) that are manufactured on
or after [insert date 2 years from the
effective date of the final rule] would be
required to have an FDR that retains the
last 25 hours of recorded data using an
FDR that meets the standards of TSO–
C124a, or later revision. In addition, all
aircraft manufactured after that date
would have to comply with all of the
requirements of §§ 23.1459, 25.1459,
27.1459, or 29.1459, as applicable.
The proposed rule would also add a
footnote to appendix E to part 91 and
appendix F to part 91 that would change
the sampling interval for the Stabilizer
Trim Position or Pitch Control Position
parameter in appendix E and the
Collective, Pedal Position, Lat. Cyclic,
2 The TSO for FDR systems provides, for example,
test procedures, fire test requirements, and software
development and design standards.

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Long. Cyclic, and Controllable Stabilator
parameters in appendix F for aircraft
manufactured 2 years after the effective
date of the final rule.
Part 121

Operations

Turbine engine-powered transport
category airplanes that are subject to
§ 121.344, and are manufactured on or
after [insert date 2 years from the
effective date of the final rule], would be
required to have a DFDR that retains the
last 25 hours of recorded data using an
FDR that meets the standards of TSO–
C124a and receives its power from the
bus that provides the maximum
reliability for operation without
jeopardizing service to essential or
emergency loads. The aircraft would
also be required to be configured so that
a single electrical failure would not
disable the CVR and the FDR. These
airplanes would also be required to have
their FDR in a box separate from the
CVRs, a codification of current FAA
policy that is not expected to require
any changes to current equipment.
These requirements would be added in
§ 121.344(n), which includes the
reference to the appropriate section of
the certification regulations of part 25.
Turbine engine-powered airplanes
that have 10 to 19 passenger seats, that
are subject to § 121.344a(a), and are
manufactured on or after [insert date 2
years from the effective date of the final
rule], would be required to have a DFDR
that retains the last 25 hours of recorded
data using an FDR that meets the
standards of TSO–C124a and that
receives its power from the bus that
provides the maximum reliability for
operation without jeopardizing service
to essential or emergency loads. The
aircraft would also be required to be
configured so that a single electrical
failure would not disable the CVR and
the FDR (except for rotorcraft that have
both recorders in a single unit).
Airplanes would also be required to
have their FDRs in a box separate from
the CVRs, a codification of current FAA
policy that is not expected to require
any changes to current equipment.
These requirements would be added in
§ 121.344a(g), which contains the
references to the certification
requirements of part 23 and part 25, as
applicable to the airplane.
The proposed rule also would correct
minor errors in appendix M and add a
footnote to change the sampling interval
for parameters (12) through (17) and
parameter (88) for aircraft manufactured
on or after [insert date 2 years from the
effective date of the final rule].

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Part 125

9761

Operations

Turbine engine-powered transport
category airplanes that are subject to
§ 125.226 and are manufactured on or
after [insert date 2 years from the
effective date of the final rule], would be
required to have a FDR that retains the
last 25 hours of recorded data using an
FDR that meets the standards of TSO–
C124a and that receives its power from
the bus that provides the maximum
reliability for operation without
jeopardizing service to essential or
emergency loads. The aircraft would
also be required to be configured so that
a single electrical failure would not
disable the CVR and the FDR. These
airplanes would also be required to have
their FDRs in a box separate from the
CVRs, a codification of current FAA
policy that is not expected to require
any changes to current equipment.
These requirements would be added in
§ 125.226(m), which includes the
reference to the appropriate section of
the certification regulations of part 25.
The proposed rule would add a
footnote to the Pilot Input and /or
Surface Position—Primary Controls
(Pitch, Roll, Yaw) parameter of
appendix D to part 125 for airplanes
manufactured on or after [insert date 2
years from the effective date of the final
rule]. The proposed rule would also
correct minor errors in appendix E to
part 125 and add a footnote to change
the sampling interval for parameters
(12) through (17) and parameter (88) for
airplanes manufactured on or after
[insert date 2 years from the effective
date of the final rule].
Part 135

Operations

All aircraft operated under part 135
that are manufactured on or after [insert
date 2 years from the effective date of
the final rule], would be required to
have a DFDR that retains the last 25
hours of recorded data using an FDR
that meets the standards of TSO–C124a
and that receives its power from the bus
that provides the maximum reliability
for operation without jeopardizing
service to essential or emergency loads.
The aircraft would also be required to be
configured so that a single electrical
failure would not disable the CVR and
the FDR. Airplanes would be required to
have their DFDRs in a box separate from
the CVRs, a codification of current FAA
policy that is not expected to require
any changes to current equipment. For
rotorcraft, when both a CVR and an FDR
are required, one combination unit
could be installed. These proposed
requirements would be added in
§ 135.152(m), which includes the
reference to the appropriate paragraphs

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of the various certification regulations
applicable to the aircraft.
Appendix C to part 135 would be
amended by adding a footnote to change
the sampling interval for the Collective,
Pedal Position, Lat. Cyclic, Long. Cyclic,
and Controllable Stabilator Position
parameters for helicopters manufactured
on or after [insert date 2 years from the
effective date of the final rule].
Appendix E to part 135 would be
amended by adding a footnote to change
the sampling interval for the Pilot
Input—Primary Controls (Collective,
Longitudinal Cyclic, Lateral Cyclic,
Pedal) parameter for rotorcraft
manufactured on or after [insert date 2
years from the effective date of the final
rule].
Appendix F to part 135 would be
amended by correcting minor
typographical errors and by adding a
footnote to change the sampling
intervals for parameters (12) through
(17) and parameter (88) for airplanes
manufactured on or after [insert date 2
years from the effective date of the final
rule].
Paperwork Reduction Act
This proposal contains a new
information collection requirement to
record data-link communications. As
required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)), the
Department of Transportation has
submitted the information collection
requirements associated with this
proposal to the Office of Management
and Budget (OMB) for its review.
Title: Revisions to Cockpit Voice
Recorder and Digital Flight Data
Recorder Regulations.
Summary: This notice proposes to
amend the regulations to add a
requirement for all aircraft
manufactured on or after [insert date 2
years from the effective date of the final
rule], that have data-link
communication equipment installed to
record all data-link communications. In
addition, any aircraft on which data-link
communication equipment is
voluntarily installed on or after [insert
date 2 years from the effective date of
the final rule], would also be required
to record all data-link communications.
Use of: Such a record would provide
additional information to accident and
incident investigators for use in
determining the content of these
messages and resultant pilot actions.
Respondents: The respondents would
be all certificate holders operating the
above-referenced U.S.-registered aircraft
under parts 91, 121, 125, 129, and 135.

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Frequency: The required information
would be electronically or visually
recorded when the message is
transmitted from the communications
unit to the cockpit display and must be
kept until the aircraft has been operated
for 2 hours. The recorded data would be
overwritten on a continuing basis and
would only be accessed following an
accident or incident.
Annual Burden Estimate: This
proposed requirement would be a
nominal addition to a passive
information collection activity;
therefore, it does not contain a
measurable hour burden. The cost to
install the additional data-link
communication recording equipment
can be found in the regulatory
evaluation summary.
The agency is soliciting comments
to—
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Individuals and organizations may
submit comments on the information
collection requirement by April 29
2005, and should direct them to the
address listed in the ADDRESSES section
of this document. Comments also
should be submitted to the Office of
Information and Regulatory Affairs,
OMB, New Executive Building, Room
10202, 725 17th Street, NW.,
Washington, DC 20053, Attention: Desk
Officer for FAA.
According to the 1995 amendments to
the Paperwork Reduction Act (5 CFR
1320.8(b)(2)(vi)), an agency may not
collect or sponsor the collection of
information, nor may it impose an
information collection requirement
unless it displays a currently valid OMB
control number. The OMB control
number for this information collection
will be published in the Federal
Register, after the Office of Management
and Budget approves it.

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International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with 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
differences with these proposed
regulations. ICAO Annex 6, section
6.3.1.5.1, calls for recording all data-link
communication messages, including
controller-pilot data-link
communications, on all aircraft by
January 1, 2007. The FAA is not
proposing to require retrofit of data-link
communication recording equipment on
aircraft. If this proposal is adopted, the
FAA intends to file a difference with
ICAO.
Economic Evaluation, Regulatory
Flexibility Determination, International
Trade Impact Assessment, and
Unfunded Mandates Assessment
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this NPRM,
consistent with various Federal
directives and orders. Each Federal
agency proposing a regulation must
make a reasoned determination that the
benefits justify the costs, and,
separately, assess the effects on small
entities, international trade, and
whether or not the proposal imposes a
Federal mandate resulting in a total
expenditure of $100 million or more in
any one year (an ‘‘unfunded mandate
assessment’’). After conducting these
analyses, the FAA has determined that
this proposed rule: (1) Has benefits that
justify its costs; (2) is a significant
regulatory action; (3) would have a
significant impact on a substantial
number of small entities; (4) is in
compliance with the Trade Agreement
Act; and (5) would not impose an
unfunded mandate of $100 million or
more, in any one year, on state, local, or
tribal governments, or on the private
sector. The FAA has placed these
analyses in the docket and summarizes
them as following.
Estimated Costs (20-Year Period)
The FAA summarizes its estimated
compliance costs in Table 1 using both
a 7 percent discount rate and a 3 percent
discount rate.

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TABLE 1.—SUMMARY OF THE TOTAL COSTS OF THE PROPOSAL AND THE PRESENT VALUE OF THE TOTAL COSTS
[In millions 2003 $, discounted to 2003]

Undiscounted
total costs

Type of cost

Present value
of the total
costs using a
7 percent discount rate

Present value
of the total
costs using a
3 percent discount rate

AIRPLANES
20 Year One-Time Costs:
Re-Engineer CVR and FDR Systems ..................................................................................
Retrofit CVR Systems ..........................................................................................................

$37
164

$35
133

$36
140

One-Time Costs ................................................................................................................

201

168

176

20 Year Total Annual Costs:
CVR and FDR System Costs for Future Airplanes ..............................................................
Annual Operating and Maintenance Costs ..........................................................................

164
35

75
2

114
18

Total Annual Costs ...........................................................................................................

199

77

132

20 Year Total Airplane Costs ...........................................................................................

400

245

308

HELICOPTERS
20 Year One-Time Costs:
Re-Engineer CVR and FDR Systems ..................................................................................

5

4

4

One-Time Costs ................................................................................................................

5

4

4

20 Year Total Annual Costs:
CVR System Costs for Future Helicopters ..........................................................................
Annual Operating and Maintenance Costs ..........................................................................

10
6

5
2

7
4

Total Annual Costs ...........................................................................................................

16

7

11

20 Year Total Helicopter Costs ........................................................................................

21

11

15

20 Year Total Aircraft Costs .............................................................................................

421

256

323

Assumptions and Standard Values

Estimated Incremental Benefits
The proposed rule would increase the
amount and quality of the information
being recorded. This additional and
improved information may result in
time and cost savings for future accident
investigations. It may also generate new
or revised safety rules (for airplane
manufacturing or operations) or in
voluntary changes to airline and pilot
procedures that would not otherwise
have resulted in the absence of this
additional information. As a result, the
proposed rule may produce a safer fleet
and safer airplane operations. Although
the FAA does not propose all of the
NTSB recommendations concerning
CVR and FDR modifications, the FAA
believes that it has chosen the course of
action that maximizes safety benefits
relative to compliance costs.
Who Is Affected by This Rulemaking
Manufacturers of airplanes and
helicopters certificated for 10 or more
seats, scheduled service airlines, nonscheduled service airlines, and other
operators of airplanes and helicopters
with 10 or more seats.

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• Period of analysis is 2004–2023.
• Discount rate is 7 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 9,644.
• To retrofit a 2-hour memory CVR to
replace a magnetic tape CVR costs
$17,500 in equipment plus $2,400 for
labor.
• To retrofit a 2-hour memory CVR to
replace a 30-minute memory solid state
CVR costs $7,500 in equipment plus
$640 in labor.
• Cost to retrofit a 10-minute RIPS is
$6,500.
• As the proposed rule would allow
sufficient time for a retrofit to be
completed during a regularly scheduled
maintenance check, there would be no
additional out-of-service time for these
retrofits.
• The cost for a future production
airplane is $10,640; $3,500 for the CVR,
$2,820 for the RIPS, $3,000 to upgrade
the FDR, and $1,320 to record data link
communications.

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• Cost of aviation fuel is $0.75 per
gallon.
• The primary sources for this
information are industry responses to a
2002 FAA survey concerning the costs
of meeting the previously described
NTSB CVR and FDR recommendations.
Alternatives Considered
The FAA considered 3 alternatives to
the proposed rule in order to address
the NTSB recommendations that were
not adopted. The FAA also considered
a fourth alternative of exempting
helicopters.
Alternative 1: This alternative would
adopt the NTSB recommendation that
aircraft manufactured 6 months after the
final rule publication date (i.e., July 1,
2004) have duplicate CVR and FDR
systems—one of each located fore and
one of each located aft in the airplane
(or to have two combination units, one
located fore and the other located aft in
the airplane). However, only one voice
recorder would be required to have a 10minute RIPS.
Alternative 2: In this alternative, the
proposed rule’s requirements would
remain the same, but the compliance
date for all airplanes would be the

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NTSB recommended 18 months after
the publication of the final rule (i.e.,
July 1, 2005, rather than January 1,
2007).

Alternative 3: In addition to the
proposed rule’s requirements, all
existing airplanes would be required to
have a 10-minute RIPS retrofitted into
their CVR systems.

Alternative 4: Future production
helicopters would not be covered by the
proposed rule.
Table 2 presents the FAA’s estimated
costs of these alternatives.

TABLE 2.—SUMMARY OF THE COSTS OF THE PROPOSAL AND THE 4 ALTERNATIVES
[In millions 2003 $, discounted to 2003]

Alternative

Proposed Rule .................................................................................................
Alternative 1 (Duplicate CVR and FDR—new production) ..............................
Alternative 2 (Accelerated compliance dates) .................................................
Alternative 3 (Retrofit RIPS) ............................................................................
Alternative 4 (Exempt Helicopters) ..................................................................

The FAA determined that the
potential benefits of alternatives 1, 2,
and 3 would not be commensurate with
their costs while the potential benefits
from including helicopters was worth
the increased cost.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(RFA) requires agencies to perform a
review to determine whether a proposed
or final rule will have a significant
economic impact on a substantial
number of small entities. The proposed
rule would affect manufacturers of part
25 and part 29 airplanes. For
manufacturers, a small entity is one
with 1,500 or fewer employees. No part
25 or part 29 manufacturer has fewer
than 1,500 employees.
The proposed rule would also affect
all operators of airplanes with 10 or
more seats, which includes several
small entities, to retrofit their airplanes.
The per airplane retrofit cost is between
$8,140 and $19,900. The average value
of these airplanes ranges from $1.5
million for a pre-1996 small turboprop
(10–30 seats) to $85 million for a post1995 large turbojet (275 plus seats).
Taking the most burdensome scenario (a
$19,900 retrofit of an airplane worth
$1.5 million), the proposed rule would
impose costs that would equal 1.3
percent of the airplane’s value, which
the FAA determined could have a
significant impact.
Based on that analysis, the FAA
believes this rule could have a
significant impact on a substantial
number of small entities. A full analysis
is separately included in the complete
Initial Regulatory Evaluation. The FAA
invites comments from interested and
affected parties.

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Jkt 205001

Total cost difference from
the proposal

Undiscounted
total cost

$ 420
1,213
520
582
400

Request for Comments
The FAA requests comments on any
and all of its assumptions, methodology,
data, and cost estimates in the

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Total present
value of the
cost difference
from the
proposal

$256
603
353
374
244

........................
$347
97
118
¥12

........................
$793
100
162
¥20

International Trade Impact Assessment
The Trade Agreement Act of 1979
prohibits Federal agencies from
engaging in any standards or 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.
In accordance with the above statute,
the FAA assessed the potential effect of
this proposed rule on airplanes operated
in the United States. The proposed rule
would affect all airplanes with 10 or
more seats operating in the United
States regardless of ownership. Thus,
the FAA determined that it would have
a minimal impact on international trade.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (the Act) requires
each Federal agency, to the extent
permitted by law, to prepare a written
assessment of the effects of any Federal
mandate in a proposed or final agency
rule that may result in the expenditure
by State, local, and tribal governments,
in the aggregate, or by the private sector,
of $100 million or more (adjusted
annually for inflation) in any one year.
The FAA determined that this proposed
rule would not contain a significant
intergovernmental mandate. The FAA
also determined that the proposed rule
would not contain a significant private
sector mandate, as the estimated cost
would be about $70 million during each
of the years 2005, 2006, and 2007.

Present value
of the total
cost

Regulatory Evaluation. The FAA also
requests that commenters provide
supporting data for their comments.
In addition to the general request for
comments, the FAA specifically
requests information on the following
subject areas:
• The values reported in the
assumptions and values section of the
preamble.
• The amount of engineering time to
obtain CVR STCs.
• The number of CVR STCs that
would be needed.
• The cost to retrofit a switch for the
flight crew to activate the FDR to record
at the start of the checklist.
• The number of future production
airplanes with CPDLC capabilities.
• The cost for future production
helicopters.
• The number of affected future
production helicopters.
• The potential costs due to weight
and balance issues for helicopters.
Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, we
determined that this notice of proposed
rulemaking would not have federalism
implications.
Plain Language
In response to the June 1, 1998,
Presidential memorandum regarding the
use of plain language, the FAA
reexamined the writing style currently
used to develop regulations. The
memorandum requires Federal agencies

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to communicate clearly with the public.
We are interested in your comments on
whether the style of this document is
clear, and in any other suggestions you
might have to improve the clarity of
FAA communications that affect you.
You can get more information about the
Presidential memorandum and the plain
language initiative at http://
www.plainlanguage.gov.
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
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.
List of Subjects
14 CFR Part 23
Aircraft, Aviation safety.
14 CFR Part 25
Aircraft, Aviation safety.
14 CFR Part 27
Aircraft, Aviation safety.
14 CFR Part 29
Aircraft, Aviation safety.
14 CFR Part 91
Aircraft, Aviation safety.
14 CFR Part 121
Air carriers, Aircraft, Aviation safety,
Charter flights, Safety, Transportation.
14 CFR Part 125
Aircraft, Aviation safety.
14 CFR Part 129
Air carriers, Aircraft, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Aviation safety.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend parts 23, 25, 27, 29,
91, 121, 129, 125, and 135 of Title 14,
Code of Federal Regulations, as follows:

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PART 23—AIRWORTHINESS
STANDARDS: NORMAL, UTILITY,
ACROBATIC, AND COMMUTER
CATEGORY AIRPLANES
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 amending
paragraph (d)(2) to remove the ‘‘and’’ at
the end of the sentence and paragraph
(d)(3) to change the period at the end of
the sentence to a semicolon, and by
adding new paragraphs (a)(6), (d)(4),
(d)(5), and (d)(6) and by amending
paragraph (d)(1) to read as follows:
§ 23.1457

Cockpit voice recorders.

(a) * * *
(6) If data-link communication
equipment is installed, all data-link
communications, using an approved
data message set. Data-link 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 does
not disable both the cockpit voice
recorder and the digital flight data
recorder;
(5) It has an independent power
source—
(i) That provides 10 minutes of
electrical power to the cockpit voice
recorder, and
(ii) To which the cockpit voice
recorder is 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.
*
*
*
*
*
3. Amend § 23.1459 by amending
paragraph (a)(4) to change the period at
the end of the sentence to a semicolon
and paragraph (a)(5) to remove the
‘‘and’’ at the end of the sentence and by
revising the section heading and
paragraph (a)(3) and by adding new

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9765

paragraphs (a)(6) and (a)(7) to read as
follows:
§ 23.1459

Flight data recorders.

(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 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.
*
*
*
*
*
PART 25—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY AIRPLANES
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 amending
paragraph (d)(2) to remove the ‘‘and’’ at
the end of the sentence and paragraph
(d)(3) to change the period at the end of
the sentence to a semicolon and by
adding new paragraphs (a)(6), (d)(4),
(d)(5), and (d)(6) and revising paragraph
(d)(1) to read as follows:
§ 25.1457

Cockpit voice recorders.

(a) * * *
(6) If data-link communication
equipment is installed, all data-link
communications, using an approved
data message set. Data-link 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 does
not disable both the cockpit voice
recorder and the digital flight data
recorder;

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(5) It has an independent power
source—
(i) That provides 10 minutes of
electrical power to the cockpit voice
recorder, and
(ii) To which the cockpit voice
recorder is switched automatically in
the event that all 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.
*
*
*
*
*
6. Amend § 25.1459 by amending
paragraph (a)(4) to change the period at
the end of the sentence to a semicolon,
paragraph (a)(5) to remove the ‘‘and’’ at
the end of the sentence, and paragraph
(a)(6) to change the period at the end of
the sentence to a semicolon and by
revising the section heading and
paragraph (a)(3) and by adding new
paragraphs (a)(7) and (a)(8) to read as
follows:
§ 25.1459

Flight data recorders.

(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 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.
*
*
*
*
*
PART 27—AIRWORTHINESS
STANDARDS: NORMAL CATEGORY
ROTORCRAFT
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 amending
paragraph (d)(2) to remove the ‘‘and’’ at
the end of the sentence and paragraph
(d)(3) to change the period at the end of
the sentence to a semicolon and by
adding new paragraphs (a)(6), (d)(4),
(d)(5), and (h) and by revising paragraph
(d)(1) to read as follows:

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Jkt 205001

§ 27.1457

Cockpit voice recorders.

(a) * * *
(6) If data-link communication
equipment is installed, all data-link
communications, using an approved
data message set. Data-link 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 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 minutes of
electrical power to the cockpit voice
recorder, and
(ii) To which the cockpit voice
recorder is switched automatically in
the event that all 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 are met.
9. Amend § 27.1459 by revising the
section heading and paragraph (a)(3)
and by adding new paragraphs (a)(6)
and (e) to read as follows:
§ 27.1459

Flight data recorders.

(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 may disable both the cockpit

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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 are met.
PART 29—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY ROTORCRAFT
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 amending
paragraph (d)(2) to remove the ‘‘and’’ at
the end of the sentence and paragraph
(d)(3) to change the period at the end of
the sentence to a semicolon and by
adding new paragraphs (a)(6), (d)(4),
(d)(5), and (h) and by revising paragraph
(d)(1) to read as follows:
§ 29.1457

Cockpit voice recorders.

(a) * * *
(6) If data-link communication
equipment is installed, all data-link
communications, using an approved
data message set. Data-link 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 may disable both the cockpit
voice recorder and the digital flight data
recorder; and
(5) It has an independent power
source that—
(i) Provides 10 minutes of electrical
power to the cockpit voice recorder, and
(ii) To which the cockpit voice
recorder is switched automatically in
the event that all 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

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required by the operating rules, one
combination unit may be installed,
provided that all other requirements of
this section are met.
12. Amend § 29.1459 by amending
paragraph (a)(4) to remove the ‘‘and’’ at
the end of the sentence and paragraph
(a)(5) to change the period at the end of
the sentence to a semicolon and add the
word ‘‘and’’ after the new semicolon
and by revising the section heading and
paragraph (a)(3) and by adding new
paragraphs (a)(6) and (e) 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).

§ 29.1459

*

Flight data recorders.

(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 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 are met.
PART 91—GENERAL OPERATING AND
FLIGHT RULES
13. The authority citation for part 91
continues to read as follows:

14. Amend § 91.609 by revising the
section heading and paragraph (e)(2), by
redesignating paragraph (c) as (c)(1), and
by adding new paragraphs (c)(2), (c)(3),
(i), (j), and (k) to read as follows:
§ 91.609 Flight data recorders and cockpit
voice recorders.

*
*
*
*
(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), as applicable, and also
have a digital flight data recorder that
retains at least the last 25 hours of
recorded information.
(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
requirements in § 23.1459, § 25.1459,
§ 27.1459, or § 29.1459, as applicable,
and also retain at least the last 25 hours
of recorded information using a recorder
that meets the standards of TSO–C124a,
or later revision.
*
*
*
*
*
(e) * * *
(2) Is operated continuously from the
start of the use of the checklist before
starting the engines for the purpose of
flight, to completion of the final
checklist at the termination of the flight.
*
*
*
*
*

(i) 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;
(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) If transport category, meets the
requirements of § 25.1457(a)(3), (a)(4),
and (a)(5) of this chapter.
(j) 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.
(k) All airplanes or rotorcraft required
by this section to have a cockpit voice
recorder and a flight data recorder, that
install data-link communication
equipment on or after [insert date 2
years from the effective date of the final
rule], must record all data-link 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 follows:

APPENDIX E TO PART 91.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS
Parameters

*
Stabilizer Trim Position or
Pitch Control Position. 5
*

Installed system 1 minimum
accuracy (to recovered data)

Range

*

*
Full Range .............................

*

*
*
±3% unless higher uniquely
required.

*

*

Sampling interval
(per second)
*
1 .............................................

*

*

1 When

Resolution 4
read out
*
1% 3
*

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 Percent of full range.
4 This column applies to aircraft manufactured after October 11, 1991.
5 Pitch Control Position 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 16.

16. Amend appendix F to part 91 by
adding footnote 4 to the Collective,
Pedal Position, Lat. Cyclic, Long. Cyclic,

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and Controllable Stabilator Position
parameters to read as follows:

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APPENDIX F TO PART 91.—HELICOPTER FLIGHT RECORDER SPECIFICATIONS
Parameters

*
*
Collective 4 ..............................
Pedal Position 4 ......................
Lat. Cyclic 4 .............................
Long. Cyclic 4 ..........................
Controllable Stabilator Position. 4

Installed system 1 minimum
accuracy (to recovered data)

Range

Full
Full
Full
Full
Full

Range
Range
Range
Range
Range

*
.............................
.............................
.............................
.............................
.............................

±3%
±3%
±3%
±3%
±3%

*
*
........................................
........................................
........................................
........................................
........................................

Sampling interval
(per second)

2
2
2
2
2

*
.............................................
.............................................
.............................................
.............................................
.............................................

Resolution 3
read out
*
1% 2
1% 2
1% 2
1% 2
1% 2

1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft, the recording system, excluding these
sensors (but including all other characteristics of the recording system), shall contribute no more than half of the values in this column.
2 Percent of full range.
3 This column applies to aircraft manufactured after October 11, 1991.
4 For all aircraft manufactured on or after [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
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) to change ‘‘1994’’ to ‘‘1995’’, and by
adding new paragraph (m) to read as
follows:
§ 121.343

Flight data recorders.

*

*
*
*
*
(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 (n) to read as follows:
§ 121.344 Digital flight data recorders for
transport category airplanes.

*

*
*
*
*
(n) 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)
using a recorder that meets the
standards of TSO–C124a, or later
revision.

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Jkt 205001

20. Amend § 121.344a by adding new
paragraph (g) to read as follows:
§ 121.344a Digital flight data recorders for
10–19 seat airplanes.

*

*
*
*
*
(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.

*

*
*
*
*
(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;

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(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;
and
(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
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.
(k) All airplanes required by this part
to have a cockpit voice recorder and a
flight data recorder, that install data-link
communication equipment on or after
[insert date 2 years from the effective
date of the final rule], must record all
data-link messages as required by the
certification rule applicable to the
airplane.
22. Amend appendix M to part 121 by
revising parameters 1, 14a, 14b, 15, 16
and 17 to correct typographical errors;
and by adding footnote 20 to parameters
12a through 17 and 88 to read as
follows:

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9769

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

Range

Accuracy
(sensor input)

Seconds per sampling interval

Resolution

Remarks

1. Time or relative
times counts,1

24 Hrs, 0 to 4095

±0.125% per hour

4 ...........................

1 sec ....................

UTC time preferred when relative
available. Count increments each 4
seconds of system operation.

*
12a. Pitch control(s) position
(nonfly-by-wire
systems).20

*
Full Range ...........

*
±2° unless higher
accuracy
uniquely required..

*
0.5 or 0.25 for airplanes operated
under
§ 121.344(f).

*
0.2% of full range

*
*
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.

12b. Pitch control(s) position
(fly-by-wire system). 3 20
13a. Lateral control
position(s)
(nonfly-bywire). 20

Full Range ...........

±2° unless higher
accuracy
uniquely required..
±2° unless higher
accuracy
uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 121.344(f).
0.5 or 0.25 for airplanes operated
under
§ 121.344.(f).

0.2% of full range.

13b. Lateral contorl
position(s) (flyby-wire). 4 20

Full Range ...........

Full Range ...........

0.5 or 0.25 for airplanes operated
under
§ 121.344(f).
0.5 ........................

0.2% of full range.

14a. Yaw control
position(s)
(nonfly-bywire). 5 20

±2° unless higher
accuracy
uniquely required.
±2° unless higher
accuracy
uniquely required.

14b. Yaw control
position(s) (flyby-wire). 20

Full Range ...........

0.5 ........................

0.2% of full range.

15. Pitch control
surface(s) position. 6 20

Full Range ...........

±2° unless higher
accuracy
uniquely required.
±2° unless higher
accuracy
uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 121.344.(f).

0.2% of full range

16. Lateral control
surface(s) position. 7 20

Full Range ...........

±2° unless higher
accuracy
uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 121.344.(f).

0.3% of full range

17. Yaw control
surface(s) position. 8 20

Full Range ...........

±2° unless higher
accuracy
uniquely required.

0.5 ........................

0.2% of full range

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0.2% of full range

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.

0.2% of full range

E:\FR\FM\28FEP3.SGM

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.

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 once per second to produce the sampling interval of 0.5 or 0.25, as applicable.
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.
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.

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

Parameters

Range

Accuracy
(sensor input)

Seconds per sampling interval

Resolution

Remarks

*
88. All cockpit flight
control input
forces (control
wheel, control
column, rudder
pedal). 20

*
Full Range Control
wheel ±70 lbs.
Control column
±85 lbs. Rudder
pedal ±165 lbs.

*
±5° ........................

*
1 ...........................

*
0.2% of full range

*
*
For fly-by-wire flight control systems,
where flight control surface forces
position is a function of the displacement of 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.

*

*

*

*

*

*

*

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.
*
*
*
*
*
*
*
20 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
0.0625.

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
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.

*

*
*
*
*
(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.

*

*
*
*
*
(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

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19:22 Feb 25, 2005

Jkt 205001

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.

*

*

*

*

(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

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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 data-link
communication equipment on or after
[insert date 2 years from the effective
date of the final rule], must record all
data-link messages as required by the
certification rule applicable to the
airplane.
27. Amend appendix E to part 125 by
revising parameters 12b, 13b, 14a, 14b,
15 and 23, and by adding footnote 20 to
parameters 12a through 17 and 88 to
read as follows:

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

Range

Accuracy
(sensor input)

Seconds per sampling
interval

*
12a. Pitch control(s) position
(nonfly-bywire systems).20

*
Full range ..............

*
±2° unless higher
accuracy uniquely required.

*
0.5 or 0.25 for airplanes operated
under
§ 125.226(f).

*
0.2% of full range

12b. Pitch control(s) position
(fly-by-wire
systems).3 20
13a. Lateral
control positions(s)
(nonfly-bywire).20

Full range ..............

±2° unless higher
accuracy uniquely required.

0.2% of full range.

Full range ..............

±2° unless higher
accuracy uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 125.226(f).
0.5 or 0.25 for airplanes operated
under
§ 125.226(f).

13b. Lateral
control position(s) (fly-bywire).4 20
14a.Yaw control
position(s)
(nonfly-bywire).5 20

Full range ..............

±2° unless higher
accuracy uniquely required.

0.2% of full range.

Full range ..............

±2° unless higher
accuracy uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 125.226(f).
0.5 .........................

14b. Yaw control position(s)
(fly-by-wire).20
15. Pitch control
surface(s) position.6 20

Full range ..............

±2° unless higher
accuracy uniquely required.
±2° unless higher
accuracy uniquely required.

0.5 .........................

0.2% of full range.

0.5 or 0.25 for airplanes operated
under
§ 125.226(f).

0.2% of full range

17. Yaw control
surface(s) position.8 20

Full range ..............

±2° unless higher
accuracy uniquely required.

0.5 .........................

0.2% of full range

*
23. Ground
Spoiler Position or Speed
Brake Selection.12

*
Full Range or Each
Position (discrete).

*
±2° Unless higher
accuracy uniquely required.

*
1 or 0.5 for airplanes operated
under
§ 125.226(f).

*
0.2% of full range.

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Resolution

0.2% of full range

0.2% of full range

E:\FR\FM\28FEP3.SGM

Remarks

*
*
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.

For airplanes that have a flight control
break away 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.

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.

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.
For airplanes fitted 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.
*

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Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
APPENDIX E TO PART 125.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS—Continued

Parameters
*
88. All cockpit
flight control
input forces
(control
wheel, control
column, rudder pedal).20

Range
*
Full range Control
wheel ±70 lbs.
Control column
±85 lbs. Rudder
pedal ±165 lbs.

Accuracy
(sensor input)

Seconds per sampling
interval

*
±5% .......................

*
1 ............................

Resolution
*
0.2% of full range

Remarks
*
*
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
control independently, record both
control force inputs. The control
force inputs may be samples alternately once per 2 seconds to
produce the sampling interval of 1.

*

*
*
*
*
*
*
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°).
*
*
*
*
*
*
*
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°).
*
*
*
*
*
*
*
20 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
0.0625.
3 For

PART 129—OPERATIONS: FOREIGN
AIR CARRIERS AND FOREIGN
OPERATORS OF U.S.-REGISTERED
AIRCRAFT ENGAGED IN COMMON
CARRIAGE
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

*
*
*
*
(b) Sections 129.14, 129.20, and
129.22 also apply to U.S.-registered
aircraft operated in common carriage by
a foreign person or foreign air carrier
solely outside the United States. For the
purpose of this part, a foreign person is
any person, not a citizen of the United
States, who operates a U.S.-registered
aircraft in common carriage solely
outside the United States.
*
*
*
*
*
30. Amend part 129 by adding new
§ 129.22 to read as follows:
Cockpit voice recorders.

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

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PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
31. The authority citation for part 135
continues to read as follows:

Applicability.

*

§ 129.22

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.

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

32. Amend § 135.151 by amending
paragraphs (a)(2) and (b)(2) and by
adding new paragraphs (f), (g), and (h)
to read as follows:
§ 135.151

Cockpit voice recorders.

(a) * * *
(2) 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.
(b) * * *
(2) Is operated continuously from the
start of the use of the checklist before
starting the engines for the purpose of

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flight, to the completion of the final
checklist at the termination of the flight.
*
*
*
*
*
(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 are required to have a flight data
recorder installed in accordance with
§ 135.152, must have a cockpit voice
recorder that also—
(1) Meet the requirements in
§ 23.1457(d)(6) or § 25.1457(d)(6) of this
chapter, as applicable;
(2) Retain at least the last 2 hours of
recorded information using a recorder
that meets the standards of TSO–C123a,
or later revision; and
(3) 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], 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

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(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
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;
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
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;
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 data-link communication
equipment on or after [insert date 2
years from the effective date of the final
rule], must record all data-link 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.

*

*
*
*
*
(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 follows:

APPENDIX C TO PART 135.—HELICOPTER FLIGHT RECORDER SPECIFICATIONS
Parameters

Installed system 1 minimum
accuracy (to recovered data)

Range

*
*
Collective. 4
Pedal Position 4 ......................
Lat. Cyclic 4 .............................
Long. Cyclic 4 ..........................
Controllable Stabilator Position. 4

Full
Full
Full
Full
Full

Range
Range
Range
Range
Range

*
.............................
.............................
.............................
.............................
.............................

±3%
±3%
±3%
±3%
±3%

Sampling interval
(per second)

*
*
........................................
........................................
........................................
........................................
........................................

2
2
2
2
2

*
.............................................
.............................................
.............................................
.............................................
.............................................

Resolution 3
read out
*
1% 2
1% 2
1% 2
1% 2
1% 2

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 follows:

APPENDIX E TO PART 135.—HELICOPTER FLIGHT RECORDER SPECIFICATIONS
Parameters

Range

*
*
*
Pilot Input—Primary Controls
Full Range .............................
(Collective, Longitudinal Cyclic, Lateral Cyclic, Pedal). 3
*

*

Accuracy sensor input to
DFDR readout

Sampling interval
(per second)

*
*
±3% ........................................

*
2 .............................................

*

*

*

*

1 Percent

*
0.5% 1

*

of full range.
column applies to aircraft manufactured after October 11, 1991.
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.

2 This
3 For

Resolution 2
read out

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9774

Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules

36. Amend appendix F to part 135 by
revising the appendix heading and

parameters 14a, 14b, 15, 16, 17, and
(23); and by adding footnote 18 to

parameters 12a through 17 and 88 to
read as follows:

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

Range

Accuracy (sensor
input)

Seconds per sampling interval

Resolution

Remarks

*
*
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.

*
12a. Pitch control(s) position
(nonfly-by-wire
systems).18

*
Full Range ...........

*
±2° unless higher
accuracy
uniquely required.

*
0.5 or 0.25 for airplanes operated
under
§ 135.152(j).

*
0.2% of full range.

12b. Pitch control(s) position
(fly-by-wire systems).18
13a. Lateral control
position(s)
(nonfly-bywire).18

Full Range ...........

±2° unless higher
accuracy
uniquely required.
±2° unless higher
accuracy
uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 135.152(j).
0.5 or 0.25 for airplanes operated
under
§ 135.152(j).

0.2% of full range.

13b. Lateral control
position(s) (flyby-wire).18

Full Range ...........

Full Range ...........

0.5 or 0.25 for airplanes operated
under
§ 135.152(j).
0.5 ........................

0.2% of full range.

14a. Yaw control
position(s)
(nonfly-bywire).18

±2° unless higher
accuracy
uniquely required.
±2° unless higher
accuracy
uniquely required.

14b. Yaw control
position(s) (flyby-wire).18

Full Range ...........

0.5 ........................

0.2% of full range.

15. Pitch control
surface(s) position.18

Full Range ...........

±2° unless higher
accuracy
uniquely required.
±2° unless higher
accuracy
uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 135.152(j).

0.2% of full range.

16. Lateral control
surface(s) position.18

Full Range ...........

±2° unless higher
accuracy
uniquely required.

0.5 or 0.25 for airplanes operated
under
§ 135.152(j).

0.2% of full range.

17. Yaw control
surface(s) position.18

Full Range ...........

±2° unless higher
accuracy
uniquely required.

0.5 ........................

0.2% of full range.

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0.2% of full range.

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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.

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.

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.
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.
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.

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9775

Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
APPENDIX F TO PART 135.—AIRPLANE FLIGHT RECORDER SPECIFICATIONS—Continued
Parameters

Range

Accuracy (sensor
input)

Seconds per sampling interval

Resolution

Remarks

*
23. Ground Spoiler
Position or
Speed Brake Selection

*
Full Range or
Each Position
(discrete).

*
±2° unless higher
accuracy
uniquely required.

*
1 or 0.25 for airplanes operated
under
§ 135.152(j).

*
0.2% of full range.

*
88. All cockpit flight
control input
forces (control
wheel, control
column, rudder
pedal).18

*
Full Range Control
wheel ±70 lbs.
Control column
±85 lbs. Rudder
pedal ±165 lbs.

*
#5° ........................

*
1 ...........................

*
0.2% of full range.

*
18 For

*

*

*
*
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.

*
*
*
*
*
*
all aircraft manufactured on or after [insert date 2 years from the effective date of the final rule], the seconds per sampling interval is

0.0625.
Issued in Washington, DC, on February 22,
2005.
Ronald T. Wojnar,
Acting Director, Aircraft Certification Service.
[FR Doc. 05–3726 Filed 2–24–05; 8:45 am]
BILLING CODE 4910–13–P

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