353 which two pilots are required by type certification or operating rule unless it is equipped with an approved cockpit voice recorder
§ 135.151(a) 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 which two pilots are required by type certification or operating rule unless it is equipped with an approved cockpit voice recorder
§ 135.151(b) is unchanged so after October 11, 1991, no person may operate a multiengine, turbine- powered airplane or rotorcraft having a passenger seating configuration of 20 or more seats unless it is equipped with an approved cockpit voice recorder that is installed in compliance with Section 23.1457, Section 25.1457, Section 27.1457 or Section 29.1457 of this chapter, as applicable.
§ 135.151(f) requires that by April 7, 2012, all airplanes subject to § 135.151(a) or §
135.151(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 Section 135.152, must have a cockpit voice recorder that also meets the requirements in Section
23.1457(d)(6).
§ 135.151(g)(1) requires that 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 Section 135.152, unless it is equipped with an approved cockpit voice recorder that also:
a. Is installed in accordance with the requirements of Section 23.1457.
b. 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
c. Retains at least the last two hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision.
Section 135.151(g)(2) requires that no person may operate a multiengine, turbinepowered 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:
a. Is installed in accordance with the requirements of Section 23.1457.
b. 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
c. Retains at least the last two hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision.
Section 135.151(h) requires that 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.
23.1459 Flight recorders
There are no corresponding rule or airworthiness criteria in CAR 3 or the Airship Design Criteria.
Amendment 23-35 and Subsequent
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 two years to three years.
(2) Pre-wiring requirements in Section 91.35 and Section 135.52 have been deleted.
(3) The requirements for airplanes currently equipped with a digital date bus are clarified in Sections 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 Section 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 that has 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.”
Change 1 AC 23-17C 7/16/2012
356 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 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.
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
Digital Flight Data Recorders
For part 23 airplanes, the DFDR requirements of Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 23.1459(a)(6)).
These requirements are discussed
357 separately in this preamble.
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.
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.
2 The TSO for FDR systems provides, for example, test procedures, fire test requirements, and software development and design standards.
Part 91 Operations
The proposed rule would require that all airplanes and rotorcraft subject to Sec.
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 Sec. 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, Long. Cyclic, and Controllable Stabilator parameters in appendix F for aircraft manufactured 2 years after 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
358 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 Sec. 135.152(m), which includes the reference to the appropriate paragraphs of the various certification regulations applicable to the aircraft.
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].”
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 23.1459, Flight data recorders, is being amended to:
(1) Revise paragraph (a)(3) to add the duration of DFDR power as a sentence at the end of the paragraph. No change was made from the language proposed in the NPRM.
(2) Add a new paragraph (a)(6) regarding a single electrical failure not disabling the CVR and DFDR. The final rule adds the phrase "external to the recorder'' as requested by commenters to clarify where the failure may not occur.
(3) Add a new paragraph (a)(7) requiring that the DFDR be in a separate container from the CVR, and that a combination recorder may be used. If a combination recorder is used to comply with the CVR requirement and located near the cockpit, the aft-mounted DFDR used to comply with this paragraph must also be a combination unit. The language proposed in the NPRM was changed to mirror the revised requirement for CVRs in Sec. 23.1457(d)(6) and (e)(2).
359 Amend Sec. 23.1459 by revising the section heading, by removing the period at the end of paragraph (a)(4) and adding a semicolon in its place, by removing the word "and'' after the semicolon in paragraph (a)(5), by revising paragraph (a)(3) to read as follows, and by adding new paragraphs (a)(6) and (a)(7) to read as follows:
Sec. 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 external to the recorder does not disable both the cockpit voice recorder and the flight data recorder; and
(7) It is in a separate container from the cockpit voice recorder when both are required. If used to comply with only the flight data recorder requirements, a combination unit may be installed. If a combination unit is installed as a cockpit voice recorder to comply with Sec. 23.1457(e)(2), a combination unit must be used to comply with this flight data recorder requirement.
* * * * *
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. 135.152 by revising the section heading and by adding new paragraphs
(l) and (m) to read as follows:
Sec. 135.152 Flight data recorders.
* * * * *
(l) By April 7, 2012, all aircraft manufactured before April 7, 2010, must also meet the requirements in Sec. 23.1459(a)(7), Sec. 25.1459(a)(8), Sec. 27.1459(e), or Sec.
29.1459(e) of this chapter, as applicable.
(m) All aircraft manufactured on or after April 7, 2010, must have a flight
361 data recorder installed that also--
(1) Meets the requirements of Sec. 23.1459(a)(3), (a)(6), and (a)(7), Sec.
25.1459(a)(3), (a)(7), and (a)(8), Sec. 27.1459(a)(3), (a)(6), and (e), or Sec.
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, under the heading Parameters to read as set forth below. The text of footnotes 1 through 3 is reprinted without change for the convenience of the reader.”
§ 23.1459(a) is unchanged by this amendment so this section remains applicable only if the operating rules require the installation of a flight data recorder.
§ 91.609(c)(1) was § 91.609(c) and is unchanged, so a U.S. civil registered, multiengine, turbine-powered airplane or rotorcraft having a passenger seating configuration, excluding any pilot seats of 10 or more that has been manufactured after October 11, 1991, is required to have a flight recorder.
§ 135.152(a) through (k) are unchanged, so a U.S. civil registered, multiengine, turbine-powered airplane or rotorcraft having a passenger seating configuration, excluding any pilot seats of 10 or more that has been manufactured after October 11, 1991, is required to have a flight recorder.
§ 135.152(l) requires by April 7, 2012, all Part 23 aircraft manufactured before April 7, 2010, must also meet the requirements in Sec. 23.1459(a)(7).
§ 135.152(m) requires all Part 23 aircraft manufactured on or after April 7, 2010, must have a flight data recorder installed that also:
(1) Meets the requirements of Sec. 23.1459(a)(3), (a)(6), and (a)(7) and
(2) Retains the 25 hours of recorded information required in § 23.1459(d) of this section using a recorder that meets the standards of TSO-C124a, or later revision.
23.1461 Equipment containing high energy rotors
There is no corresponding rule in CAR 3.
The corresponding airworthiness criteria is section 6.41, Airship Design Criteria, FAA-P-8110-2, Change 2.
Amendment 23-20 and Subsequent
This amendment adopted a proposed revision in NPRM 75-23 that stated: “By adding a new Sec. 23.1461, following Sec. 23.1449, that would be substantively identical to the proposed new Sec. 25.1461. By adding a new Sec. 25.1461: This proposal would add requirements for protection against the failure of equipment containing high energy rotors, such as turbine engine starters, air cycle machines, and certain cooling fans. Experience has shown that failures which release the energy stored in these rotors may result in engine or structural damage, fires, or injury to occupants. The language in this proposal is identical to Secs. 27.1461 and
29.1461.”
This regulation requires that equipment containing high-energy rotors meet § 23.1461(b), (c) or (d). An acceptable means of compliance to § 23.1461 is given in AC 20-128A, “Design Considerations for Minimizing Hazards Caused by Uncontained Turbine Engine and Auxiliary Power Unit Rotor Failure.”
Amendment 23-49 and Subsequent
This amendment adopted a proposed revision in NPRM 94-21 that stated: “This proposal would revise paragraph (a) of this section to clarify that the requirements apply to high energy rotors included in an auxiliary power unit (APU). Following the addition of this section to part 23, the FAA issued a policy message that showed Sec. 23.1461 was adopted to cover equipment such as APUs and constant speed drives that may be installed on small airplanes. The proposed revision of paragraph
(a) will clarify the applicability of this section as identified in that policy material.”
Amendment 23-49 is additionally clarified by Final Rule, Docket 27806, as follows:
“This proposal would revise paragraph (a) of this section to clarify that the requirements apply to high energy rotors included in an auxiliary power unit (APU).
One comment was received on this proposal. The JAA and the CAA noted that the JAA does not agree that the requirements of this section are applicable to APUs.
They suggest that the proposed changes to paragraph (a) not be adopted. In the preamble of the notice, the FAA identified policy issued after this section was adopted. That policy indicated that the section was applicable to "equipment such as APUs and constant speed drives," but this policy was not widely distributed to all FAA offices. The proposal in the notice does not alter the policy applicability, but it does clarify the policy.
Change 1 AC 23-17C 7/16/2012
363 Removing the proposed change would not alter the situation. The FAA defines "Equipment containing high energy rotors" to include APUs and constant speed drives. In cases where rotor containment has been demonstrated by complying with JAA-APU or FAA TSO C77a, this compliance will be examined by the FAA office responsible for the airplane certification. If it is found that this demonstration, also meets the requirements of § 23.1461, it will be accepted for the airplanes compliance.”