23.1450 Chemical oxygen generators
No policy available as of December 31, 2007.
There are no corresponding rule or airworthiness criteria in CAR 3 or the Airship Design Criteria.
23.1451 Fire protection for oxygen equipment
There are no corresponding rule or airworthiness criteria in CAR 3 or the Airship Design Criteria.
Amendment 23-49 and Subsequent
This amendment adopted a proposed revision in NPRM 94-21 that stated: “This proposed new section would specify that fire protection is needed for oxygen equipment installations. Section 23.1451(a) and (b) would, respectively, prohibit the installation of oxygen equipment in designated fire zones and require that oxygen system components be protected from the heat from designated fire zones.
Proposed Sec. 23.1451(c) would require oxygen equipment and lines to be separated from other equipment or to be protected in a manner that would prevent escaping oxygen from striking grease, fluids, or vapors. The impingement of pure oxygen on certain materials will lower their combustion point to a value where ignition will occur in ambient conditions thereby creating a potential source for an airplane fire.
In one instance, an airplane was destroyed by fire that resulted when escaping oxygen impinged on lubricating material during maintenance of the airplane. The proposed new section would ensure that oxygen systems are protected to prevent fire hazards that can result from escaping oxygen.”
23.1453 Protection of oxygen equipment from rupture
There are no corresponding rule or airworthiness criteria in CAR 3 or the Airship Design Criteria.
Amendment 23-49 and Subsequent
This amendment adopted a proposed revision in NPRM 94-21 that stated: “This proposed new section would clarify the rupture protection needed for oxygen system installation. Rupture protection for oxygen systems is currently required by the application of the structures load requirements of part 23. The addition of Sec. 23.1453(a) would clarify the application of these load requirements and would identify the need to consider maximum temperatures and pressures that may be present. Section 23.1453(b) would identify the protection to be provided for high pressure oxygen sources and the high pressure lines that connect such sources to the oxygen system shutoff valves.”
Amendment 23-49 is clarified by Final Rule, Docket 27806, as follows: “Proposed new Sec. 23.1453 would clarify the rupture protection needed for oxygen system installation. Rupture protection for oxygen systems is currently required by the application of the structure load requirements of part 23. The addition of Sec. 23.1453(a) would clarify the application of these load requirements and would identify the need to consider maximum temperatures and pressures that may be present. Section 23.1453(b) would identify the protection to be provided for high pressure oxygen sources and the pressure lines that connect such sources to the oxygen system shutoff valves.
The comments received on this proposal from the JAA and the Civil Aviation Authority (CAA). CAA noted that the word "high" in paragraph (b) could lead to confusion and require interpretation. Accordingly, they suggested that the words "High pressure oxygen sources" be revised to read as follows: "Oxygen pressure sources." This is the same text that is used in JAR 23.
The FAA agrees with the suggested wording change. When the proposal was originally drafted, the FAA was considering the oxygen source side of the oxygen regulator, the high pressure side, and the passenger dispensing side of the regulator, the low pressure side; thus, the word "high" was used.
The suggested change will not alter the requirements applicability and will be more clearly understood. It is also noted that the suggested text change will more closely align with the same requirement in Sec. 25.1453. Section 23.1453 is changed by revising the first four words of proposed paragraph (b) to read, "Oxygen pressure sources.
This section is adopted with the above change.”
23.1457 Cockpit voice recorders
There are no corresponding rule or airworthiness criteria in CAR 3 or the Airship Design Criteria.
Amendment 23-35 and Subsequent
This rule is explained by Final Rule, Docket 25530, as follows: “Significant changes between the proposed rule and the final rule are summarized below. These changes were discussed in the appropriate sections of the Comment Discussion above:
(1) The compliance dates have been extended from 2 years to 3 years.
(2) Pre-wiring requirements in Sec. 91.35 and Sec. 135.52 have been deleted.
(3) The requirements for airplanes currently equipped with a digital date bus are clarified in Secs. 121.343(e) and 125.225(c).
(4) Certain of the parameters in Appendix B of Part 121 have been made optional.
(5) Aircraft required to be upgraded under Sec. 135.152(b) must meet the 11- parameter or 17-parameter flight recorder requirements (currently required of certain airplanes used under Part 121) except those manufactured after October 11, 1991.
(6) Requirements pertaining to the use of boom microphones have been clarified.
(7) The resolution readout column in each of the appendices has been made applicable only to aircraft manufactured after October 11, 1991.
The changes above were coordinated with the NTSB staff who have indicated agreement that this final rule meets the intent of the NTSB recommendations in its letter of June 19, 1987.
In addition the above changes, Parts 23 and 27 have been revised to include airworthiness requirements for flight and voice recorders. In the proposal such airworthiness requirements were only in Parts 25 and 29, and all operators subject to flight and voice recorder requirements were referred to those parts. In the interest of consistency, the final rule includes airworthiness requirements for flight and voice recorders in Parts 23, 25, 27, and 29. References in the operating rule have been revised accordingly.”
EASA AMC effective February 12, 2009, AMC 23.1459(b) is acceptable for FAA certification.
345 Amendment 23-58 and Subsequent
NPRM, Docket No. FAA-2005-20245, stated: “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 datalink communication equipment is installed, require that all datalink 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.
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.
Changes to the Aircraft Certification Regulations
Part 23 Airplanes
Cockpit Voice Recorders
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. This would be added in proposed Sec. 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 Sec. 23.1457. First, the CVR would be required to record data-link communications when such equipment is installed on the airplane (proposed Sec. 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 Sec. 23.1457(d)(1)). Third, the CVR would be required to be installed so that no single electrical failure could disable both the
346 CVR and the DFDR (proposed Sec. 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 Sec. 135.151.
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 Sec. 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 and 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].
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.
347 Proposed Sec. 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 Sec. 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 Sec. 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 Sec. 135.151(a). The proposed requirements are broken down as follows:
Proposed Sec. 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-to-checklist requirement as discussed above, for all aircraft required to have a CVR regardless of certification basis.
Proposed Sec. 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 Sec. 135.152. This paragraph contains the proposed new manufacture requirement for aircraft that would otherwise be covered by Sec. 135.151(b), with the addition of rotorcraft of this size. The proposed requirements are broken down as follows:
Proposed Sec. 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-to-checklist requirement as discussed above, for all aircraft regardless of certification basis.
Proposed Sec. 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 data-link communication in accordance with the proposed changes to the certification rules. These proposed changes are found in Sec. 23.1457(a)(6), 25.1457(a)(6), 27.1457(a)(6), and
29.1457(a)(6).
In addition, proposed Sec. 91.609(k), 121.359(k), 125.227(i), and 135.151(h) would include the proposed requirement that if datalink communication equipment is installed on any aircraft 2 years after the effective date of the final rule, those aircraft
348 must record all datalink communications in accordance with the proposed certification rule as of the time of equipment installation.”
Final Rule, Docket No. FAA-2005-20245, stated: “This final rule amends cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations affecting certain air carriers, operators, and aircraft manufacturers. This final rule increases the duration of certain CVR recordings, increases the data recording rate for certain DFDR parameters, requires physical separation of the DFDR and CVR, improves the reliability of the power supplies to both the CVR and DFDR, and requires that certain datalink communications received on an aircraft be recorded if datalink communication equipment is installed. This final rule is based on recommendations issued by the National Transportation Safety Board following its investigations of several accidents and incidents, and includes other revisions the FAA has determined are necessary. These changes to CVR and DFDR systems are intended to improve the quality and quantity of information recorded, and increase the potential for retaining important information needed for accident and incident investigations.
Section 23.1457, Cockpit voice recorders, is being amended to:
(1) Add a new paragraph (a)(6) requiring the recordation of datalink communications. No change was made from the language proposed in the NPRM.
(2) Amend paragraph (d)(1) to add the duration of CVR power as a sentence at the end of the paragraph. No change was made from the language proposed in the NPRM.
(3) Add a new paragraph (d)(4) regarding a single electrical failure not disabling the CVR and DFDR. The final rule adds the phrase "external to the recorder'' as requested by commenters to clarify where the failure may not occur.
(4) Add a new paragraph (d)(5) that requires an independent power source for the CVR and the cockpit-mounted area microphone, the capacity for automatic switching to the independent source, and the allowable location of the power source. At the request of the commenters, the final rule specifies the duration of power as 10 +/-1 minutes, adds the area microphone, and specifies the location of the power source.
(5) Add a new paragraph (d)(6) requiring that the CVR be in a separate container from the flight data recorder. No change was made from the language proposed in the NPRM.
(6) Revise paragraph (e) by expanding the CVR location requirements to include the use of a combination recorder that acts as the CVR and its location near the cockpit.
This was not included in the language proposed in the NPRM. Comments concerning the use of combination recorders with an independent power source led to the addition of these provisions to clarify these possibilities and change the allowable location of the CVR.
Amend Sec. 23.1457 by removing the period at the end paragraph (d)(3) and adding a semicolon in its place, by revising paragraphs (d)(1) and (e), and by adding new paragraphs (a)(6), (d)(4), (d)(5), and (d)(6) to read as follows:
Sec. 23.1457 Cockpit voice recorders.
(a) * * *
(6) If datalink communication equipment is installed, all datalink communications, using an approved data message set. Datalink messages must be recorded as the output signal from the communications unit that translates the signal into usable data.
* * * * *
(d) * * *
(1) It receives its electrical power from the bus that provides the maximum reliability for operation of the cockpit voice recorder without jeopardizing service to essential or emergency loads. The cockpit voice recorder must remain powered for as long as possible without jeopardizing emergency operation of the airplane;
* * * * *
(4) Any single electrical failure external to the recorder does not disable both the cockpit voice recorder and the flight data recorder;
(5) It has an independent power source--
(i) That provides 10 1 minutes of electrical power to operate both the cockpit voice recorder and cockpit-mounted area microphone;
(ii) That is located as close as practicable to the cockpit voice recorder; and
(iii) To which the cockpit voice recorder and cockpit-mounted area microphone are switched automatically in the event that all other power to the cockpit voice recorder is interrupted either by normal shutdown or by any other loss of power to the electrical power bus; and
(6) It is in a separate container from the flight data recorder when both are required.
If used to comply with only the cockpit voice recorder requirements, a combination unit may be installed.
e) The recorder container must be located and mounted to minimize the probability of rupture of the container as a result of crash impact and consequent heat damage to the recorder from fire.
(1) Except as provided in paragraph (e)(2) of this section, the recorder container must be located as far aft as practicable, but need not be outside of the pressurized compartment, and may not be located where aft-mounted engines may crush the container during impact.
(2) If two separate combination digital flight data recorder and cockpit voice recorder units are installed instead of one cockpit voice recorder and one digital flight data recorder, the combination unit that is installed to comply with the cockpit voice recorder requirements may be located near the cockpit.
* * * * *
Amend Sec. 91.609 by revising the section heading, by redesignating paragraph (c) as (c)(1), and by adding new paragraphs (c)(2), (c)(3), (h), (i), and (j) to read as follows:
Sec. 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 April 7, 2010, by April 7, 2012, must meet the requirements of Sec.
23.1459(a)(7) or Sec. 25.1459(a)(8) of this chapter, as applicable.
(c)(3) All airplanes and rotorcraft subject to paragraph (c)(1) of this section that are manufactured on or after April 7, 2010, must meet the flight data recorder requirements of Sec. 23.1459, Sec. 25.1459, Sec. 27.1459, or Sec. 29.1459 of this chapter, as applicable, and retain at least the last 25 hours of recorded information using a recorder that meets the standards of TSO-C124a, or later revision.
* * * * *
(h) All airplanes required by this section to have a cockpit voice recorder and a flight data recorder, that are manufactured before April 7, 2010, must by April 7, 2012, have a cockpit voice recorder that also--
(1) Meets the requirements of Sec. 23.1457(d)(6) or Sec. 25.1457(d)(6) of this chapter, as applicable; and
(2) If transport category, meets the requirements of Sec. 25.1457(a)(3), (a)(4), and
(a)(5) of this chapter.
(i) All airplanes or rotorcraft required by this section to have a cockpit voice recorder and flight data recorder, that are manufactured on or after April 7, 2010, must have a cockpit voice recorder installed that also--
(1) Meets the requirements of Sec. 23.1457, Sec. 25.1457, Sec. 27.1457, or Sec.
29.1457 of this chapter, as applicable; and
(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision.
(j) All airplanes or rotorcraft required by this section to have a cockpit voice recorder and a flight data recorder, that install datalink communication equipment on or after April 7, 2010, must record all datalink messages as required by the certification rule applicable to the aircraft.
15. Amend appendix E to part 91 by adding footnote 5 to the Stabilizer Trim Position or Pitch Control Position, under the heading Parameters to read as set forth below. The text of footnotes 1, 3, and 4 is reprinted without change for the convenience of the reader.
16. Amend appendix F to part 91 by adding footnote 4 to the Collective, Pedal Position, Lat. Cyclic, Long. Cyclic, and Controllable Stabilator Position, under the heading Parameters to read as set forth below. The text of footnotes 1 through 4 is reprinted without change for the convenience of the reader.
Amend Sec. 135.151 by adding new paragraphs (f), (g), and (h) to read as follows:
Sec. 135.151 Cockpit voice recorders.
* * * * *
(f) By April 7, 2012, all airplanes subject to paragraph (a) or paragraph (b) of this section that are manufactured before April 7, 2010, and that are required to have a flight data recorder installed in accordance with Sec. 135.152, must have a cockpit voice recorder that also--
(1) Meets the requirements in Sec. 23.1457(d)(6) or Sec. 25.1457(d)(6) of this chapter, as applicable; and
(2) If transport category, meet the requirements in Sec. 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 April 7, 2010, that has a passenger seating configuration of six or more seats, for which two pilots are required by certification or operating rules, and that is required to have a flight data recorder under Sec.
135.152, unless it is equipped with an approved cockpit voice recorder that also--
(i) Is installed in accordance with the requirements of Sec. 23.1457, Sec. 25.1457, Sec. 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h), or Sec. 29.1457(a)(6), (d)(1), (d)(4),
(d)(5), and (h) of this chapter, as applicable;
(ii) Is operated continuously from the use of the check list before the flight, to completion of the final check list at the end of the flight; and
(iii) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision.
(2) No person may operate a multiengine, turbine-powered airplane or rotorcraft that is manufactured on or after April 7, 2010, has a passenger seating configuration of 20 or more seats, and that is required to have a flight data recorder under Sec.
135.152, unless it is equipped with an approved cockpit voice recorder that also--
(i) Is installed in accordance with the requirements of Sec. 23.1457, Sec. 25.1457, Sec. 27.1457(a)(6), (d)(1), (d)(4), (d)(5), and (h), or Sec. 29.1457(a)(6), (d)(1), (d)(4),
(d)(5), and (h) of this chapter, as applicable;
(ii) Is operated continuously from the use of the check list before the flight, to completion of the final check list at the end of the flight; and
(iii) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision.
(h) All airplanes or rotorcraft required by this part to have a cockpit voice recorder and a flight data recorder, that install datalink communication equipment on or after April 7, 2010, must record all datalink messages as required by the certification rule applicable to the aircraft”.
§ 23.1457(a) is unchanged by this amendment so this section remains applicable only if the operating rules require the installation of a cockpit voice recorder.
§ 91.609(e) is unchanged by this amendment so after October 11, 1991, no person may operate a U.S. civil registered multiengine, turbine-powered airplane or rotorcraft having a passenger seating configuration of six passengers or more and for