Rule2026-02110
25-Hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft Production
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 2, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This final rule increases the recording time of cockpit voice recorders (CVRs) from the currently mandated 2 hours to 25 hours for all affected future manufactured aircraft. This action provides accident investigators, aircraft operators, and civil aviation authorities with substantially more CVR data to help determine the probable causes of incidents and accidents and prevent future incidents and accidents. The action will also align the Federal Aviation Administration's (FAA) regulations more closely with existing international requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
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[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Rules and Regulations]
[Pages 4447-4462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02110]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125, and 135
[Docket No.: FAA-2023-2270; Amdt. Nos. 91-382, 121-395, 125-77 and 135-
149]
RIN 2120-AL92
25-Hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft
Production
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
[[Page 4448]]
ACTION: Final rule.
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SUMMARY: This final rule increases the recording time of cockpit voice
recorders (CVRs) from the currently mandated 2 hours to 25 hours for
all affected future manufactured aircraft. This action provides
accident investigators, aircraft operators, and civil aviation
authorities with substantially more CVR data to help determine the
probable causes of incidents and accidents and prevent future incidents
and accidents. The action will also align the Federal Aviation
Administration's (FAA) regulations more closely with existing
international requirements.
DATES: February 2, 2026.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Charisse Green, AFS-340, Aircraft Maintenance
Division, Office of Safety Standards, Federal Aviation Administration,
800 Independence Ave. SW, Washington, DC 20591; telephone (202) 267-
1675; email <a href="/cdn-cgi/l/email-protection#0d4e656c7f647e7e68234a7f6868634d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="47042f26352e3434226900352222290721262669202831">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority for This Rulemaking
II. Executive Summary
A. Purpose of the Regulatory Action
B. Changes Made in This Final Rule
C. Summary of the Costs and Benefits
III. Background
A. Summary of the NPRM
B. Statement of the Problem
C. Cockpit Voice Recorder Capabilities and Investigative Use
D. National Transportation Safety Board (NTSB) Recommendation
E. ICAO and EASA Adoption of a 25-Hour Cockpit Voice Recorder
Requirement
F. 2024 FAA Reauthorization Act
G. General Overview of the Comments
H. Differences Between the NPRM and the Final Rule
IV. Discussion of Comments and the Final Rule
A. Retrofit
B. Privacy
C. Compliance
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
C. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
D. Executive Order 13609, Promoting International Regulatory
Cooperation
VII. Privacy
VIII. Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement Fairness Act
I. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in title
49 of the United States Code. Subtitle I, section 106 describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of FAA's authority.
This rulemaking is issued under the authority described in subtitle
VII, part A, subpart III, section 44701. Under that section, FAA is
charged with prescribing regulations providing minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce. This regulation is within the scope of that authority since
cockpit voice and flight data recorders are the only means available to
account for aircraft movement and flight crew actions critical to
determining the probable cause of incidents and accidents, including
data that could prevent future incidents and accidents.
The 2024 FAA Reauthorization Act \1\ (``Act'') states that covered
operators may not operate a covered aircraft manufactured later than
one year after the enactment date of the Act, May 16, 2025, unless the
aircraft has a CVR installed that retains the last 25 hours of recorded
information using a recorder that meets the standards of Technical
Standard Order TSO-C123c, Cockpit Voice Recorder Equipment, or any
later revision. ``Covered aircraft'' is defined by the Act as aircraft
operated by an air carrier under 14 CFR part 121 or a transport
category aircraft designed for operations by an air carrier or foreign
air carrier type-certificated with a passenger seat capacity of 30 or
more or an all-cargo or combi derivative of such an aircraft.\2\
``Covered operator'' is defined by the Act as an operator of a covered
aircraft.\3\
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\1\ Securing Growth and Robust Leadership in American Aviation
Act. Public Law 118-63, Sec. 366. May 16, 2024.
\2\ Id. at Sec. 366(f)(1)(A)-(B).
\3\ Id. at Sec. 366(f)(2).
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FAA finds the definition of covered aircraft as found in Section
366(f)(1)(B) pertains to aircraft already required to be equipped and
operate a 2-hour capable CVR, specifically where the definition states
``all-cargo or combi derivative of such an aircraft.'' Extending the
applicability to aircraft that are not currently required to carry a
CVR would contradict the savings clause provided in Section 366(d).
This states ``[n]othing in this section shall be construed as
rescoping, constraining, or otherwise mandating delays to FAA actions
in the notice of proposed rulemaking titled `25-Hour Cockpit Voice
Recorder (CVR) Requirements, New Aircraft Production,' issued on
December 4, 2023 (88 FR 84090).'' \4\ Adopting the ``all-cargo or combi
derivative of such an aircraft'' portion of the Act's definition of
covered aircraft as written may be construed to include aircraft not
already carrying a CVR. As such, FAA intends for this rule to apply to
newly manufactured aircraft operating under part 91, 121, 125, or 135
and configured such that the aircraft must currently comply with the
CVR requirements found in the corresponding part. The part of the
``covered aircraft'' definition adopted by FAA in this action pertains
only to aligning the effective date of this rule for those aircraft
with the self-enacting effective date of the Act.
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\4\ Id. at Sec. 366(d).
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As such, regulations pertaining to part 121 operators or operators
of transport category aircraft designed for operations by an air
carrier or foreign air carrier type-certificated with a passenger seat
capacity of 30 or more derive from requirements established by the Act.
II. Executive Summary
A. Purpose of the Regulatory Action
This rulemaking amends the CVR regulations to increase the
recording duration of CVRs. Currently, CVRs are required to retain the
last two hours of recorded information. Once this 2-hour limit is
reached, a CVR overwrites the oldest data to maintain a rolling 2-hour
recording. This regulation increases the minimum duration of CVR
recordings to 25 hours.
FAA is establishing three compliance timeframes for certain
aircraft and operators in response to the Act and comments received on
the associated notice of proposed rulemaking with this final rule.
First, per the Act, covered aircraft manufactured one year or more
after the enactment of the Act, or May 16, 2025, and operating under 14
CFR part 121 or transport category aircraft designed for operations by
an air carrier or foreign air carrier type-certificated with 30 or more
passenger seats must be equipped with a CVR capable of
[[Page 4449]]
recording 25 hours of information.\5\ Second, aircraft required to be
equipped with a CVR, operating under parts 91, 125, or 135 with a
Maximum Certificated Takeoff Weight (MCTOW) of 59,525lbs./27,000 kg
with 29 or fewer passenger seats are required to be equipped with a 25-
hour CVR one year after the effective date of the final rule. Third,
aircraft manufactured on or after three years from the effective date
of the final rule, required to be equipped with a CVR, operating under
parts 91, 125, or 135, and with a 59,524 lbs./26,999 kg or less MCTOW
must be equipped with a CVR capable of recording for 25 hours.
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\5\ SEC. 366. 25-HOUR COCKPIT VOICE RECORDER.
(a) IN GENERAL.--(1) COCKPIT VOICE RECORDER FOR NEWLY
MANUFACTURED AIRCRAFT.--A covered operator may not operate a covered
aircraft manufactured later than the date that is 1 year after the
date of enactment of this Act unless such aircraft has a cockpit
voice recorder installed that retains the last 25 hours of recorded
information using a recorder that meets the standards of Technical
Standard Order TSO-C123c, or any later revision.
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B. Changes Made in This Final Rule
FAA adopts modifications to the published notice of proposed
rulemaking \6\ (NPRM). As a result of comments received by aircraft
manufacturers, FAA is amending 14 CFR 91.609, 125.227, and 135.151 to
reflect longer compliance deadlines for 29 or fewer passenger seat
aircraft that are not covered aircraft as defined by the 2024 FAA
Reauthorization Act. FAA determined a longer compliance deadline is
necessary based on the manufacturers' need to modify their
certification plans as these aircraft types did not have a compliance
timeframe mandated by the 2024 FAA Reauthorization. FAA does not have
the discretion to modify the compliance deadline for covered aircraft
(aircraft operating under part 121 or with 30 or more passenger seats)
set forth in Sec. 366 of the Act.
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\6\ 88 FR 84090.
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C. Summary of the Costs and Benefits
The modified compliance timeframes have been factored into the cost
analysis. FAA has also updated the final rule analysis with a refined
current fleet estimate, and an updated aerospace forecast and valuation
of a statistical life (VSL).
The benefits of the rule are based on a reduction in accident risk.
Specifically, the additional audio captured by longer-duration CVRs
provides authorities with more information on events and procedures
undertaken in the flight deck for investigated incidents. This
increased data may lead to new or more informed FAA recommendations or
policy changes that could further enhance safety and reduce the risk
that an incident becomes an accident. In response to public comments,
other potential benefits, such as time savings, have been removed from
the analysis due to uncertainty regarding their positive effects.
For costs, FAA assessed the final rule using the incremental cost
of equipping a 25-hour capable CVR over a comparable 2-hour unit to all
applicable future manufactured aircraft. Market research indicates that
the difference between these units is minimal, ranging from near parity
to an upper bound of approximately $5,209 (2024 dollars). Using that
upper bound as the price, the updated total cost over 20 years at a
seven percent discount rate is estimated to be $69.7 million, with
annualized costs of $6.6 million (table 1). As technical standards and
operational procedures are similar between the 2-hour and 25-hour
models, FAA anticipates no other notable costs.
Table 1--Costs Over 20 Years by CFR Part by Discount Factor
[Millions of 2024$]
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Total costs Annualized costs
14 CFR operational part ---------------------------------------------------------------
7% 3% 7% 3%
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Part 91 \A\..................................... $36.7 $54.6 $3.5 $3.7
Part 121........................................ 22.8 33.9 2.2 2.3
Part 125........................................ 0.2 0.3 0.0 0.0
Part 135........................................ 10.0 15.0 0.9 1.0
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Total....................................... 69.7 103.7 6.6 7.0
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\A.\ Consists of part 91 and 91K Aircraft.
Note: Columns may not sum to total due to rounding.
III. Background
A. Summary of the NPRM
On December 4, 2023, FAA published the NPRM for 25-Hour Cockpit
Voice Recorder (CVR) Requirement, New Aircraft Production. FAA proposed
to amend the CVR regulations to increase the minimum duration of CVR
recordings from two to 25 hours for all newly manufactured aircraft
operating under 14 CFR parts 91, 121, 125, and 135, effective one year
after the date of the final rule.
B. Statement of the Problem
The current 2-hour recording duration requirement does not meet the
National Transportation Safety Board's (NTSB) needs for investigations
and subsequent safety recommendations. Since the NTSB issued a Safety
Recommendation, it has investigated numerous accidents and incidents
where CVR data relevant to the accident or incident has been
overwritten because the relevant recording occurred earlier than the
available two hours of recording.
NTSB has investigated incidents and accidents across parts 121,
129, and 135 in which CVRs were overwritten affecting investigator
ability to obtain pertinent data. In October 2018, NTSB issued Safety
Recommendation A-18-030 requesting that FAA increase the recording
duration of CVRs to 25 hours. The accompanying recommendation report,
Extended Duration Cockpit Voice Recorders, ASR1804, lists 14 events in
which installed CVRs were overwritten between 2003 and 2018.\7\ ASR1804
also lists events from 2002 to 2017 in which the CVR was overwritten by
continued operation of flights beyond two hours after the event. On
January 31, 2024, NTSB sent a letter to the Department of
Transportation, stating that since 2018 it has investigated at least 14
additional events that were hampered by overwritten CVRs since issuing
recommendations
[[Page 4450]]
A-18-030 and A-18-031.\8\ NTSB has consistently recommended the
implementation of 25-hour capable CVRs across operating parts, not just
parts 121 and 135.
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\7\ <a href="https://www.ntsb.gov/investigations/AccidentReports/Reports/ASR1804.pdf">https://www.ntsb.gov/investigations/AccidentReports/Reports/ASR1804.pdf</a>.
\8\ <a href="https://www.ntsb.gov/news/Documents/FAA%2025-Hour%20Cockpit%20Voice%20Recorder%20">https://www.ntsb.gov/news/Documents/FAA%2025-Hour%20Cockpit%20Voice%20Recorder%20</a>(CVR)%20Requirement,%20New%20Airc
raft%20Production.pdf.
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C. Cockpit Voice Recorder Capabilities and Investigative Use
Aircraft currently operating under parts 91, 121, 125, and 135
already are required to be equipped with a CVR that records radio
transmissions and sounds in the flight deck to aid subsequent
investigation should an accident or incident occur. The recorder's
flight deck area microphone is usually located on the overhead
instrument panel between the two pilots.
CVRs preserve the recent history of sounds in the flight deck and
provide unique information such as engine noise, stall warnings,
landing gear extension and retraction, and other clicks and pops. These
sounds help an investigator to determine parameters such as engine rpm,
system failures, speed, and the time at which certain events occur. The
CVR also records communications with Air Traffic Control, automated
radio weather briefings, conversations between the pilots and ground or
cabin crew, flight crew verbalizations of intentions and coordination,
as well as the pilots' awareness of the aircraft and flight deck
information.\9\
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\9\ NTSB, ``Cockpit Voice Recorders (CVR) and Flight Data
Recorders (FDR)'' (2023), <a href="http://www.ntsb.gov/news/Pages/cvr_fdr.aspx">www.ntsb.gov/news/Pages/cvr_fdr.aspx</a>.
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Access to this information allows investigators to investigate
accident and incident factors more thoroughly. Incident factors include
the flight crew's procedural compliance, distraction, decision-making,
workload, fatigue, and situational awareness.
A CVR starts recording when an aircraft is powered up and will
continue to record until the aircraft is powered down or the CVR is
deactivated. Once a CVR reaches the end of its recording limit, it will
overwrite existing data with a new recording.
CVRs typically deactivate due to two forms of power loss. The first
occurs when the CVR is deactivated after a major or catastrophic event
causing a loss of electrical power. When this event occurs, the CVR
preserves relevant audio recorded in the two hours prior to the
accident. The second form occurs during less severe incidents, such as
when the flight crew manually deactivates the CVR immediately upon
landing to prevent the relevant audio from being overwritten.
After an accident or incident, the CVR data is transferred to an
NTSB lab for retrieval. The NTSB will eventually receive a readout from
the CVR software.
Since CVRs were implemented in 1966, recording capabilities have
significantly increased from the original duration of 30 minutes. The
latest designs employ more easily expandable solid-state memory and use
a fault tolerant digital recording technique with an incorporated
battery so recording can continue until the end of flight, even when
the aircraft's electrical system fails.
The technical limit for recording time has expanded such that 25
hours is now well within CVR capability.
D. National Transportation Safety Board (NTSB) Recommendation
On October 10, 2018, the NTSB published an Aviation Safety
Recommendation Report titled ``Extended Duration Cockpit Voice
Recorders'' (Safety Recommendation A-18-030). Safety Recommendation A-
18-030 recommends that FAA require all newly manufactured aircraft that
must have a CVR be fitted with and operate a CVR capable of recording
the last 25 hours of audio. This recommendation stems from an aircraft
incident that occurred in July 2017 at San Francisco International
Airport, in which the flight crew of an Air Canada Airbus A320 was
cleared to land on a set runway, but instead lined up with a parallel
taxiway. After descending to an altitude of 100 feet above ground level
(AGL), the aircraft overflew an airplane on the taxiway. The incident
aircraft subsequently overflew a second airplane on the taxiway before
starting to climb.
During the investigation of the incident, the NTSB found it
difficult to gather relevant information, as the CVR data was
overwritten before Air Canada officials learned of the severity of the
event. The report stated that, had the NTSB been able to obtain the
overwritten data, investigators would have been able to assess the
timing and content of the flight crew's conversations during final
approach, conversations during and after the go-around, and the flight
crew's crew resource management (CRM), workload, and fatigue based on
verbalizations or flight deck sounds. In this instance, the NTSB
identified several serious safety issues; however, this investigation
lacked direct evidence of the flight crew's decision making,
coordination, and perception of its environment.
E. ICAO and EASA Adoption of a 25-Hour Cockpit Voice Recorder
Requirement
The European Union Aviation Safety Agency (EASA) requires CVRs
capable of recording for 25 hours for any aircraft, manufactured after
January 1, 2021, with a maximum takeoff weight over 27,000 kg (59,525
lbs.).\10\
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\10\ Commission Regulation 2015/2338, 2015 O.J. Amending
Regulation (EU) No 965/2012 as regards requirements for flight
recorders, underwater locating devices and aircraft tracking
systems.
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Similarly, in 2016, the International Civil Aviation Organization
(ICAO) adopted a new standard calling for the installation of CVRs
capable of recording the last 25 hours of aircraft operation on all
aircraft manufactured after January 1, 2021 with a maximum certificated
takeoff mass of over 27,000 kg (59,525 lbs.) and engaged in commercial
transport.<SUP>11 12</SUP>
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\11\ Annex 6 Part 1, 6.3.2.3.2.
\12\ ICAO defines ``Commercial air transport operator'' as [a]n
operator that, for remuneration, provides scheduled or non-scheduled
air transport services to the public for the carriage of passengers,
freight or mail. This category also includes small-scale operators,
such as air taxis and commercial business operators, that provide
commercial air transport services. Glossary--International Civil
Aviation Organization. July 8, 2013.
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F. 2024 FAA Reauthorization Act
On May 16, 2024, the Act was signed into law. The Act states that
covered operators may not operate a covered aircraft manufactured later
than one year after the enactment date of the Act, or May 16, 2025,
unless the aircraft has a CVR installed that retains the last 25 hours
of recorded information using a recorder that meets the standards of
Technical Standard Order TSO-C123c, ``Cockpit Voice Recorder
Equipment,'' or any later revision. ``Covered aircraft'' is defined by
the Act as aircraft operated by an air carrier under 14 CFR part 121 or
a transport category aircraft designed for operations by an air carrier
or foreign air carrier type-certificated with a passenger seat capacity
of 30 or more or an all-cargo or combi derivative of such an aircraft.
``Covered operator'' is defined by the Act as an operator of a covered
aircraft.
Covered aircraft as defined by the Act differs from the proposal
set forth in the NPRM, which more broadly proposed that all newly
manufactured aircraft required to be equipped with a CVR operating
under parts 91, 121, 125, and 135 must be equipped with a CVR capable
of retaining the last 25 hours of recorded information within one year
of the effective date of the final rule.
To promote harmony with international requirements and in response
to comments received, FAA
[[Page 4451]]
has determined it will require that all aircraft manufactured one year
or more after the effective date of the final rule, with a MCTOW of
59,525 lbs. or more and 29 or fewer passenger seats, have a CVR capable
of retaining the last 25 hours of recorded information. These aircraft
are currently subject to ICAO standards or EASA regulations requiring
CVRs capable of retaining 25 hours of recorded information, so there
would be no obstacle to compliance with the statutory timeline set
forth in Section 366. As discussed in Section IV. C, aircraft
manufactured on or after three years from the effective date of the
final rule, required to be equipped with a CVR, operating under parts
91, 125, or 135, and with a 59,524 lbs./26,999 kg. or less MCTOW must
be equipped with a CVR capable of recording for 25 hours. These
aircraft are not currently subject to international standards or EASA
regulations requiring CVRs capable of retaining 25 hours of recorded
information.
The Act also included a requirement that covered operators
operating covered aircraft must equip their covered aircraft with a CVR
capable of retaining the last 25 hours of recorded information within
six years of the enactment date of the Act. This effectively
establishes a retrofit requirement for all covered aircraft.
As discussed in Section IV. A below, Congress included a savings
clause in the Act to ensure the proposal found in the NPRM impacting
newly manufactured aircraft moved ahead without unnecessary delay.\13\
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\13\ Id. at (d).
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G. General Overview of Comments
FAA received 114 comment submissions in response to the NPRM from a
variety of commenters, including pilot unions, individual pilots,
aircraft designers and manufacturers, an aircraft component designer
and manufacturer, and private citizens. FAA received comments from the
following: Air Line Pilots Association (ALPA),\14\ Airlines For America
(A4A),\15\ Alaska Airlines,\16\ Avions de Transport Regional/Aerei da
Trasporto Regionale (ATR),\17\ Bombardier,\18\ Cargo Airline
Association (CAA),\19\ Coalition of Airline Pilots Association
(CAPA),\20\ Dassault Aviation,\21\ Embraer,\22\ FedEx,\23\ General
Aviation Manufacturers Association (GAMA),\24\ Gulfstream,\25\
Helicopter Association International (HAI),\26\ Independent Pilots
Association (IPA),\27\ International Brotherhood of Teamsters
(IBT),\28\ L3Harris,\29\ NTSB,\30\ Regional Airline Association
(RAA),\31\ United Airlines,\32\ as well as numerous individuals. FAA
received comments on multiple aspects of the proposal. The comments and
FAA's responses are discussed in Section IV.
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\14\ Comment ID FAA-2023-2270-0114.
\15\ Comment ID FAA-2023-2270-0117.
\16\ Comment ID FAA-2023-2270-0110.
\17\ Comment ID FAA-2023-2270-0097.
\18\ Comment ID FAA-2023-2270-0100.
\19\ Comment ID FAA-2023-2270-0105.
\20\ Comment ID FAA-2023-2270-0109.
\21\ Comment ID FAA-2023-2270-0104.
\22\ Comment ID FAA-2023-2270-0108.
\23\ Comment ID FAA-2023-2270-0096.
\24\ Comment ID FAA-2023-2270-0115.
\25\ Comment ID FAA-2023-2270-0106.
\26\ Comment ID FAA-2023-2270-0102.
\27\ Comment ID FAA-2023-2270-0101.
\28\ Comment ID FAA-2023-2270-0118.
\29\ Comment ID FAA-2023-2270-0107.
\30\ Comment ID FAA-2023-2270-0098.
\31\ Comment ID FAA-2023-2270-0113.
\32\ Comment ID FAA-2023-2270-0095.
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H. Differences Between the NPRM and the Final Rule
Upon consideration of a number of comments \33\ in support of a
change to the compliance timeframe for certain operations and the
compliance timeline found in the Act, FAA is adopting a three-tiered
compliance timeframe for covered aircraft and aircraft not defined as
covered aircraft by the Act. Operators of covered aircraft must adhere
to the compliance timeframe established by the Act. Operators not
covered by the Act will have an extended timeframe to obtain FAA
certification. Section IV.C details the compliance path FAA has
adopted. Aside from the compliance date and applicability changes
discussed herein, FAA adopts the proposed rule as final.
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\33\ Commenters in support of changing the compliance date were
General Aviation Manufacturers Association (GAMA), Bombardier,
Embraer S.A., ATR, Dassault-Aviation, and Gulfstream.
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The FAA Reauthorization Act of 2024 reserved 49 U.S.C. 106(g);
therefore, FAA revised the affected authority citations in this final
rule to remove that U.S.C. section from the list.
IV. Discussion of Comments and the Final Rule
A. Retrofit
The NPRM proposed to increase the recording time of CVRs from the
mandated 2 hours to 25 hours for all newly manufactured aircraft
operating under parts 91, 121, 125, and 135, which are required to have
a CVR installed.
1. Summary of the Comments
Twenty commenters expressed concern that the lack of a requirement
to retrofit the current fleet with 25-hour CVRs would not adequately
provide the public with the safety benefits of longer recording CVRs.
These commenters, including the NTSB and L3Harris, as well as 18
other individual commenters, discussed a lack of a retrofit requirement
in the NPRM. Most of the public commentors on this issue argued safety
should be paramount, so the stated cost of retrofitting did not justify
its exclusion from the rule. Four individual commenters expressed
interest in a phased approach regarding compliance timeframes for a
hypothetical retrofit requirement. NTSB and L3Harris both argued the
modeled fleet size, and therefore equipage costs of retrofit, were
lower than FAA estimated. Additionally, L3Harris stated CVRs can be
simple to exchange in and out of aircraft due to Aeronautical Radio,
Incorporated (ARINC) and design standards, and therefore should not
impose additional notable costs during retrofit besides the initial
equipment purchase costs.
2. FAA Response
After considering public comments, FAA is proceeding only with
forward fit in this rule. Retrofitting may increase the speed at which
the benefits from newer 25-hour CVR units proliferate into the
operating fleet but is not included in the final rule for two reasons.
First, in the interim period between the publication of the NPRM and
the implementation of the final rule, Congress passed the Act, as
discussed in the previous section,\34\ which established a retrofit
requirement effective six years after its enactment date of May 16,
2024 for covered aircraft. However, the Act also specifically stated
nothing in the bill ``shall be construed as rescoping, constraining, or
otherwise mandating delays'' to the NPRM.\35\ Accordingly, FAA is not
rescoping the rule to include a retrofit requirement.
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\34\ Securing Growth and Robust Leadership in American Aviation
Act, Public Law 118-63, May 16, 2024.
\35\ Sec. 366 (e), Public Law 118-63.
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The second reason for not including the retrofit requirement in
this final rule is the induced costs need further examination, as
retrofitting increases the number of aircraft requiring installation of
these CVRs by over two-thirds (estimated 23,273 total CVR equipped
aircraft in the current fleet added to the estimated 30,363 aircraft
being built in
[[Page 4452]]
the next 20 years). As operators of the aircraft in the current fleet
would be required to purchase and install a new CVR to replace their
current unit, the equipment cost per aircraft would be several times
higher than for future-built aircraft that only have the incremental
cost of using a 25-hour CVR instead of a 2-hour model.
FAA market research showed the cost of a 25-hour CVR can be in the
mid-$20,000s at the lower end. Assuming no replacement, applying a
$25,000 unit cost to purchase a new CVR across the estimated 23,273
aircraft in the current fleet would result in roughly $581.83 million
(undiscounted) in equipment cost, compared to the $150.74 million
(undiscounted) incremental costs for future built aircraft, to upgrade
their CVRs. Furthermore, although ARINC standards may allow some
retrofitting to be quick and efficient, there is the potential that
portions of the fleet would require additional effort to replace the
CVR, inducing further costs. As such, FAA is implementing forward fit
requirements to begin proliferating 25-hour CVRs into the operating
fleet as proposed in the NPRM.
B. Privacy
1. Summary of the Comments
Thirty-seven commenters (which are identified in the subtopics
below) have shared concerns about how the increase in recording time
could impact flight crew privacy in differing ways, as discussed below.
i. Misuse of Data
Thirteen individual commenters, as well as the International
Brotherhood of Teamsters (IBT), Independent Pilots Association (IPA),
Coalition of Airline Pilots Association (CAPA), Air Line Pilots
Association (ALPA), and Allied Pilots Association (APA), shared
concerns over the misuse of expanded data if the CVR recording time
increased to 25 hours. The concerns are associated with the
dissemination of data without authorization. An individual commenter
detailed concerns over data being accessed by foreign adversaries for
inappropriate use. Three individual commenters in agreement with the
NPRM proposal thought the ability to obtain usable and useful CVR data
for investigative purposes to benefit the safety of the flying public
outweighed concerns over flight crew privacy.
ii. Erosion of Crew Resource Management
Four individual commenters, as well as IBT, shared concerns about
how the increase in recording time would impact the flight crew's
willingness to communicate openly and the potential for disruption of
the free flow of information. In addition, these commenters' concerns
center around the potential for conversations to be misinterpreted or
misunderstood by employers, which could force flight crews to censor
themselves. From their perspective, this could lead to mishaps.
iii. Disciplinary Actions
Fourteen individual commenters, as well as IPA, commented on the
potential for disciplinary, punitive, and criminal actions as a result
of capturing more information in the recording by extending the
recording time to 25 hours. IPA asserted, contrary to ICAO Annex 13,
other countries are using CVR data to criminalize aviation incidents
and accidents. Additionally, United States Federal law enforcement has
also been involved in investigations where law enforcement has
determined a pilot action was deemed as a criminal act.
Three individual commenters were concerned that extending the 25-
hour CVR's data capture capability would result in obtaining data from
previous, unrelated flights, thereby opening the flight crews to
scrutiny that otherwise would not exist.
Three individual commenters, as well as IBT, discussed concerns
about possible disciplinary or punitive actions against the flight
crew, as well as civil litigation based on investigative findings.
2. FAA Response
FAA chose to continue with the 25-hour CVR mandate as written in
the NPRM. FAA acknowledges the privacy concerns of pilot organizations
specifically related to how FAA would use the CVR data collected for
investigative purposes. Pursuant to 14 CFR 91.609(g), 121.359(h),
125.227(f), and 135.151(c), FAA is prohibited from using information
obtained from the record for the purpose of civil penalties or
certificate action.
After an incident or accident, the NTSB often retrieves the CVR
from the aircraft or location of the incident or accident. FAA may then
obtain CVR data through the NTSB for investigative purposes. When the
NTSB does not participate in an investigation, FAA may convene an
investigative team and takes possession of the CVR. Upon completion of
the investigation, FAA returns the CVR to the owner or operator, as
applicable. If the CVR is crash-damaged, FAA returns the device to the
insurance company or owner.
When voluntarily supplied, CVRs and the information contained
therein are protected by 14 CFR part 193. The regulations in part 193
will also apply to a future CVR of any duration, including 25-hour
CVRs. The current regulations protect CVR information of any duration.
Altering the length of the required CVR recording will not impact FAA's
handling of acquired CVR information. To date, there have not been any
reports of FAA misusing or disseminating the contents of a CVR to non-
authorized parties.
Additionally, FAA does not control or regulate the use of the CVR
or its data once the CVR is returned to the owner or operator. Use of
CVR data by the owner or operator is outside FAA's jurisdiction and
beyond FAA's regulatory reach. Moreover, FAA's authority does not
extend to how operators intend to use the CVR data in their possession.
FAA is required by statute to proceed with requiring CVRs for
certain newly manufactured aircraft to be capable of recording 25 hours
of data, and has also identified critically important equities that
justify finalizing the proposal for other applicable aircraft, as
proposed. FAA has determined the investigative need and safety benefit
of this information outweighs the potential privacy concerns of CVR
data under the control of FAA. The increased CVR recording duration
would further improve current investigative capabilities. This could
lead to new or more fully informed FAA recommendations or policy
changes that could further enhance safety and reduce the risk that an
incident becomes an accident. Concerns over the handling of CVR data
outside the possession of FAA should be addressed with the operators
that own the CVRs. Accordingly, FAA adopts the proposal for this topic
as final.
C. Compliance
1. Summary of the Comments
Comments from ATR, Bombardier, GAMA, and one individual questioned
FAA's proposal to require aircraft operating under part 91 to carry 25-
hour CVRs. They believe aircraft operating under part 91, although
capable of long-duration flights, are often used for shorter duration
flights and therefore do not need a CVR capable of recording for 25
hours.
Bombardier, Dassault-Aviation, Embraer S.A., and Gulfstream
expressed concern that the increase in recording time could impact the
certification applications for smaller aircraft operators since
existing ICAO standards
[[Page 4453]]
and EASA regulations do not apply to aircraft under a 27,000 kg MCTOW.
Currently, the parallel EASA regulations and ICAO standards only
require the installation of 25-hour CVRs on aircraft manufactured after
January 1, 2021 that have a MCTOW at or over 59,525 lbs./27,000 kg.
Unlike ICAO standards and EASA regulations, the NPRM proposed a
compliance date of one year after the effective date of the final rule
by operating part instead of MCTOW. This is consistent with past FAA
practice of updating CVR regulations by operating part.
GAMA, Bombardier, Embraer S.A., ATR, Dassault-Aviation, and
Gulfstream shared concerns with 25-hour CVRs being required on aircraft
manufactured one year after the effective date of the rule. The current
international 25-hour CVR requirement does not impact aircraft under a
59,525 lbs./27,000 kg MCTOW. These commenters represent aircraft
manufacturers with aircraft below the certified takeoff weight
threshold used by ICAO and EASA that continue to carry a 2-hour CVR.
Thus, including this requirement for these aircraft could potentially
increase aircraft certification timelines beyond the 1-year compliance
date, according to commenters.
2. FAA Response
Based on the NTSB's and FAA's investigations of accidents and
incidents, important data has been overwritten during part 91
operations. There were instances in which a reportable incident
occurred in the first leg of a flight, but the aircraft continued onto
multiple legs before the incident was reported. This prevented accident
investigators from obtaining the data to help determine the cause of
the incident.
Bombardier, Dassault-Aviation, Embraer S.A., GAMA, and Gulfstream
shared concerns over the proposed compliance timeframe to equip with
25-hour CVRs. They came up with several paths for FAA to consider, but
due to the enactment of the Act in the interim period between the NPRM
and final rule, FAA no longer has discretion over the compliance
timeframe for covered aircraft. Covered aircraft manufactured after May
16, 2025 must comply with this final rule.
FAA agrees with commenters that some aircraft not defined as
covered aircraft under the Act warrant an extended compliance time.
Accordingly, FAA extends the compliance date for part 91, 125, and 135
operators of newly manufactured aircraft with 29 passenger seats or
less. FAA recognizes that the full implementation of this rule includes
more aircraft than current ICAO standards and EASA regulations, which
necessitates a modification to current certification plans and review
processes for aircraft to come into compliance. This is because the
rule will be implemented across all operating rules and, unlike
international rules and standards, is not limited by aircraft size to
only aircraft with a 59,525 lbs./27,000kg or more MCTOW.
Since aircraft with a 59,524 lbs./26,999 kg or less MCTOW or with
29 passenger seats or less were not included under the 25-hour CVR
EASA/ICAO regulations and standards or the Act, this final rule
provides manufacturers of such aircraft with additional time to
complete certification work for compliance. FAA believes three separate
compliance timeframes for covered aircraft or aircraft with 29 or fewer
passenger seats, either above or below the 59,525 lbs./27,000 kg. MCTOW
threshold, are appropriate to account for manufacturer certification,
production of CVRs capable of recording for a minimum of 25 hours, and
installation.
Accordingly, aircraft manufactured on or after May 16, 2025,
operating under part 121 or transport category aircraft with 30 or more
passenger seats and required to be equipped with a CVR are required to
be equipped with a CVR capable of retaining the last 25 hours of
recorded information on or after May 16, 2025.
Next, part 91, 125, and 135 aircraft with a MCTOW of 59,525 lbs./
27,000 kg. or more with 29 or fewer passenger seats and required to be
equipped with a CVR are required to be equipped with a CVR capable of
retaining the last 25 hours of recorded information on or after one
year from the effective date of this rule. This is consistent with the
original timeline proposed in the NPRM and consistent with ICAO
standards discussed in Section III.E of this final rule.
Aircraft manufactured on or after three years from the effective
date of the final rule operating under part 91, 125, or 135 with a
MCTOW of 59,524 lbs./26,999 kg. or less that are already required to be
equipped with a CVR are required to be equipped with a CVR capable of
retaining the last 25 hours of recorded information.
V. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Orders 12866 and 13563 direct that each Federal agency shall propose or
adopt a regulation only upon a reasoned determination that the benefits
of the intended regulation justify the costs. Second, the Regulatory
Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze
the economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate 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 current threshold after adjustment for inflation is
$187 million using the most current (2024) Implicit Price Deflator for
the Gross Domestic Product. This portion of the preamble contains FAA's
analysis of the economic impacts of this rule.
In conducting these analyses, FAA has determined this rule: is a
``significant regulatory action'' as defined in section 3(f)(1) of
Executive Order 12866, as amended; will not have a significant economic
impact on a substantial number of small entities; will not create
unnecessary obstacles to the foreign commerce of the United States; and
will not impose an unfunded mandate on State, local, or tribal
governments, or on the private sector. This final rule is considered an
E.O. 14192 regulatory action. Details on the estimated costs of this
final rule can be found in the rule's economic analysis.
A. Regulatory Impact Analysis (RIA)
The final rule increases the recording time of CVRs from the
mandated 2 hours to a 25-hour recording time for all future
manufactured aircraft required to be equipped with a CVR. In addition,
in response to public comments, the final rule adds a one-year delayed
compliance start date for non-Act covered aircraft at or over a 59,525
lbs. MCTOW, and a three-year delayed compliance start for aircraft that
have a 59,524 lbs. or less MCTOW. In addition to factoring in the new
compliance start date for the final rule analysis, FAA updated the
incremental cost difference between CVR units to 2024 dollars and
incorporated the annual updates to the FAA Aerospace Forecast and
Department of Transportation (DOT) valuation of a statistical life
(VSL). FAA also refined the current fleet totals by further removing
some aircraft that may not require a CVR. The resulting final
[[Page 4454]]
rule analysis has an annualized cost, at a seven percent discount rate,
of $6.6 million. With only minor revisions from the NPRM to the final
rule, the RIA has been merged with the preamble of the final rule to
help keep all the necessary information contained within one document.
1. Public Comments to the RIA
FAA received 114 public comments on the NPRM, including nine
relating to the economic analysis. Below are FAA's responses to the RIA
related comments.
i. Cost of Retrofit
Eighteen individual commenters, as well as NTSB and L3Harris,
disagreed with the proposed rule for not including retrofit. While
these commenters stated generally the cost of retrofitting was
insignificant or unimportant compared to the benefits of increased
safety, the NTSB and L3Harris specifically argued the fleet size FAA
estimated was higher than it should be and therefore the equipage cost
was lower than estimated in the proposed rule. Both entities used
Cirium fleet data to estimate their fleet totals.\36\ L3Harris found
8,243 commercial aircraft and the NTSB found 13,500 aircraft that met
the characteristics that require a CVR. Both commenters further argued
the other costs besides equipment for retrofitting were negligible.
---------------------------------------------------------------------------
\36\ Cirium is a private company that provides aviation data and
analytics.
---------------------------------------------------------------------------
a. FAA Response
The updated FAA estimates are 23,273 aircraft in the fleet that
meet the criteria that require a CVR. The reason for the discrepancy
between fleet estimates appears to be L3Harris only included commercial
aircraft, which does not account for portions of 14 CFR part 91 or
other noncommercial operations. The NTSB estimate was made by searching
Cirium fleet data on all multi-engine turbine powered aircraft with 10
or more passenger seats. However, FAA's internal estimates also include
six to nine passenger multi-engine turbine powered aircraft, as these
require a CVR when type certificated with two pilots. In addition,
there are cargo aircraft with zero passenger seats that still require
CVRs, and FAA included these aircraft in its fleet estimate. These two
categories account for the roughly 10,000 aircraft difference between
the NTSB and FAA applicable fleets.
On other costs of retrofitting, FAA agrees with L3Harris and the
NTSB that some of the fleet would see those as minimal. Overall
technical specifications guiding CVR design and ARINC wiring standards
mean modern aircraft can replace their CVR unit without much difficulty
during regular maintenance cycles. However, FAA acknowledges this will
not be the case for every aircraft, and older portions of the fleet may
see notable costs if they require extra time, labor, and parts to
retrofit their CVR.
ii. CVR Base Equipment Cost
L3Harris commented the estimate of $25,000 for a CVR was too high.
They commented the catalog price does not accurately reflect average
sales prices, and competition would lower this price.
a. FAA Response
FAA has limited data on prices and therefore continues to use
publicly available catalog prices. However, FAA acknowledges there is
potential variability in realized pricing after negotiation between
operators and vendors.
iii. Aircraft Manufacturer Certification Costs
Gulfstream commented there may be additional manufacturer costs for
certification that should be included in the cost analysis. It
recommended FAA conduct a survey of manufacturers to determine how many
aircraft types are affected that have not already been updated to 25-
hour CVRs and the associated projected cost for certification efforts.
It additionally stated FAA should also internally assess what resources
and costs were required within their certification offices.
a. FAA Response
FAA acknowledges there may be some potential unquantified costs for
manufacturers to certify some of their fleet to the newer CVR models.
FAA lacks data to assess both the average costs to certify with new CVR
models and how many aircraft types would need to undergo this process.
In addition, as these newer generation CVRs become standard equipment
due to congressional requirements and supply chain changeover, it is
expected most aircraft would eventually have to certify with them
regardless of the rule. Due to these factors, FAA agrees and will add a
statement to the cost analysis acknowledging there may be a
certification cost to manufacturers that have not previously been
required to use a 25-hour CVR, but cannot estimate what those costs
amount to and can only assess the impact qualitatively.
On certification, FAA does not anticipate expending additional
resources to approve aircraft with 25-hour CVRs, so these actions are
considered within normal duty.
iv. CVR Benefits Analysis
ATR commented on several aspects of the cost-benefit analysis. It
argued downloading CVR data is three to five times longer due to larger
memory to download, leading to higher maintenance costs and recurring
analysis costs. It additionally stated the newer download tools have no
direct link with the recorded memory itself as they can analyze both 2-
and 25-hour CVRs. It further argued these new recorders require a
change of ground support Equipment (CVR interface tools) for operators,
meaning additional equipment and potential costs are not accounted for
in the analysis.
a. FAA Response
FAA agrees the amount of data is larger; however, the newer
download tools support higher transfer speeds and direct cloud uploads
that offset the increase (Universal Serial Bus (USB) 3.0 has a five to
ten times faster data transfer than a USB 2.0, for example). Overall,
data download times are considered insignificant compared to the weeks
or months it takes to complete an incident or accident investigation.
However, due to the uncertain nature of the benefits derived from the
retrieval tools, these potential time savings have been removed from
the analysis.
Regarding ground support equipment, operators would potentially be
required to purchase either software or new tools to interface with the
25-hour CVRs. FAA did not include this cost in the proposal as it lacks
data on the costs of these tools (either original manufacture or third
party). In addition, operators are already purchasing these tools for
25-hour CVRs being proliferated into the fleet due to EASA and
Congressional requirements, and FAA cannot determine how many units
would be required to meet the needs of this rule.
v. Uncalculated Benefits of CVRs
L3Harris commented that the NPRM did not include the financial
benefits of having CVR information during incident and accident
investigations. Applying data from a Transport Canada Regulatory Impact
Analysis to their predicted fleet impacted by retrofit upgrades,
L3Harris commented there would be financial benefits of $31 million on
an annualized basis, or $191 million net present value (NPV) across 10
years, assuming retrofit upgrades over a 4-year period at a seven
percent discount rate.
[[Page 4455]]
a. FAA Response
While there have been benefits from previous safety improvements
due to data collected by CVRs, FAA cannot predict the certainty of a
future incident, or that subsequent safety changes generating benefits
similar to those cited by L3Harris would solely stem from the CVR data
analysis portion of the investigation. Therefore, FAA continues to
assess the benefits qualitatively, similar to the Air Transport Canada
analysis that only described qualitative CVRs safety benefits that
could ``include aircraft, airport or operational improvements'' and do
not, or were not able to, assign a monetary value to these
improvements.\37\
---------------------------------------------------------------------------
\37\ Government of Canada, Regulations Amending the Canadian
Aviation Regulations (Parts I and VI--Flight Data Recorder and
Cockpit Voice Recorder): SOR/2019-130, Canada Gazette, Part II,
Volume 153, Number 11, May 09, 2019.
---------------------------------------------------------------------------
2. Need for the Regulation
This final rule increases the recording duration of CVRs to address
the need to increase the duration of CVRs by investigative authorities.
With several notable aviation incidents missing vital information about
events in the cockpit due to the CVR data being overwritten,
investigative and regulatory agencies are hampered in their ability to
analyze the probable causes fully and, thus, could not create effective
policies or procedures to address the risks that led to these events.
Notable incidents include the following:
Table 2--Safety Events for Which Pertinent CVR Data Were Overwritten
[Up to 2018]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Event type NTSB No. Location Event description
--------------------------------------------------------------------------------------------------------------------------------------------------------
6/21/2018................... Incident.................... OPS18IA015.................. Chicago, IL........................... Runway excursion.
4/18/2018................... Accident.................... DCA18LA163.................. Atlanta, GA........................... Engine fire.
7/07/2017................... Incident.................... DCA17IA148.................. San Francisco, CA..................... Taxiway line-up and
overflight of 4 air
carrier airplanes by
an Airbus A320 (46-
hour notification
delay).
5/09/2014................... Accident.................... CEN14LA239.................. Columbus, OH.......................... Ground engine fire.
9/12/2013................... Incident.................... CEN13IA563.................. Austin, TX............................ Loss of pitch control
during takeoff (4-day
notification delay).
7/31/2012................... Incident.................... CEN12IA502.................. Denver, CO............................ Bird strike.
12/1/2011................... Accident.................... WPR12LA053.................. Oakland, CA........................... Enroute turbulence.
6/21/2011................... Incident.................... ENG11IA035.................. Atlanta, GA........................... Engine fire.
2/09/2011................... Incident.................... ENG11IA016.................. Minneapolis, MN....................... Tailpipe fire
following push back.
11/23/2010.................. Accident.................... WPR11LA058.................. Salt Lake City, UT.................... On ground collision
with tow tractor.
6/28/2010................... Accident.................... CEN10LA363.................. Pioneer, LA........................... En route turbulence.
12/31/2009.................. Incident.................... DCA10IA015.................. Charlotte, NC......................... Wing tip strike during
landing.
6/29/2007................... Incident.................... LAX07IA198.................. Los Angeles, CA....................... Blown tires on
takeoff.
3/21/2006................... Incident.................... DEN06IA051.................. Denver, CO............................ Tail strike on
landing.
10/16/2003.................. Accident.................... MIA04LA004.................. Tampa, FL............................. Taxiway excursion.
6/03/2002................... Accident.................... DCA02MA039.................. Subic Bay, Philippines................ Abrupt maneuver due to
ground proximity
warning system alert
and elevator damage.
6/02/2002................... Accident.................... DCA02MA042.................. Subic Bay, Philippines................ Flight control
malfunction during
approach.
--------------------------------------------------------------------------------------------------------------------------------------------------------
EASA decided to address the issue in 2015 by requiring airplanes
over 27,000 kg (59,525 lbs.) manufactured after January 1, 2021 to be
equipped with a 25-hour capable CVR.\38\ ICAO, in 2016, also adopted a
new CVR standard matching the EASA requirements.\39\ The United States
Congress also moved to this standard in the FAA Reauthorization Act of
2024, adding requirements for covered operators to forward fit with 25-
hour CVRs one year after the law's enactment.
---------------------------------------------------------------------------
\38\ European Union Aviation Safety Agency, Commission
Regulation 2015/2338, 2015 O.J. Amending Regulation (EU) No 965/2012
as regards requirements for flight recorders, underwater locating
devices and aircraft tracking systems, Dec. 11, 2015.
\39\ Updated ICAO CVR requirements can be found in Section
6.3.2.3 in Annex 6.
---------------------------------------------------------------------------
This rule expands FAA's ability to understand events and procedures
in the cockpit during incidents or accidents. The increased awareness
of how pilots operate their aircraft in adverse events will allow FAA
to update its guidance and regulations to ensure the best practices to
maximize safety in the NAS.
3. Baseline for the Analysis
Operations under 14 CFR parts 91, 121, 125, and 135 are currently
required to use a CVR that retains at least the last two hours of
recorded information. The economic analysis assesses the incremental
costs and benefits of the rule against this baseline. Table 3 below
compares the baseline CVR recording length requirements to the final
rule. The final rule has revised the compliance start date for
applicable non-Act covered aircraft to one year from publication for
those with a 59,525 lbs. or more MCTOW and 29 or fewer passenger seats,
and by three years for aircraft under the MCTOW. Cost estimates for the
final rule were updated to reflect this compliance schedule, 2024-
dollar cost of the CVR upgrade, refined fleet estimates, and annual
updates to the aerospace forecast and VSL.
[[Page 4456]]
Table 3--Summary of Regulatory Changes
----------------------------------------------------------------------------------------------------------------
14 CFR operation Current requirement Final rule
----------------------------------------------------------------------------------------------------------------
Part 91: Sec. 91.609 (i)(2). Part 125: Retains at least the last (i) The last 25 hours of recorded
Sec. 125.227 (g)(2) and (h)(2). Part two hours of recorded information using a recorder that meets
135: Sec. 135.151 (g)(1)(iii) and information using a the standards of TSO-C123c, or later
(g)(2)(iii). recorder that meets the revision, if:
standards of TSO-C123a, or (A) Manufactured on or after May 16,
later revision. 2025, for airplanes or rotorcraft for
transport category aircraft type-
certificated with 30 or more passenger
seats;
(B) Manufactured on or after one year
after the effective date of the rule,
for airplanes or rotorcraft with a
maximum certified takeoff weight (MCTOW)
of 59,525 pounds or more and 29
passenger seats or less; or
(C) Manufactured on or after February
2, 2029, for airplane or rotorcraft
with a maximum certified takeoff
weight (MCTOW) of 59,524 pounds or
less; or
(ii) The last two hours of recorded
information using a recorder that meets
the standards of TSO-C123a, or later
revision unless the airplane or
rotorcraft meets the manufacturing date
and requirements found in (i)(2)(A) or
(i)(2)(B) of this paragraph.
Part 121: Sec. 121.359 (i)(2) and Retains at least the last (i) The last 25 hours of recorded
(j)(2). two hours of recorded information using a recorder that meets
information using a the standards of TSO-C123c, or later
recorder that meets the revision, if manufactured on or after
standards of TSO-C123a, or May 16, 2025; or
later revision. (ii) The last two hours of recorded
information using a recorder that meets
the standards of TSO-C123a, or later
revision if the airplane is manufactured
before May 16, 2025.
----------------------------------------------------------------------------------------------------------------
The final rule affects CVR manufacturers that design and build CVRs
to meet the new recording duration. FAA records indicate six domestic
manufacturers have currently received a Technical Standard Orders (TSO)
Authorization (TSOA) to make a TSO-C123a or later revision CVR.
4. Benefits Analysis
This section describes the benefits qualitatively because FAA lacks
data on the level of risk reduction and time savings that would be
achieved by the final rule. Specifically, FAA does not have sufficient
data to estimate the exact reduction in risk and total subsequent
safety benefits.
The benefits of the final rule include the value of changes in
safety from the reduction in accident risk. This final rule provides
investigative authorities with more data on events and procedures
undertaken in the cockpit during runway incursions or other
investigated incidents that are lacking due to being overwritten in the
currently mandated 2-hour recording loop. This data may lead to new
recommendations or policy changes that could further reduce the risk
that an incident or incursion becomes an accident. The Department of
Transportation (DOT) determined the VSL in 2024 to be $13.7
million.\40\ Given this rule's total maximal cost at a seven percent
discount rate of $69.7 million, preventing five fatalities at any time
in the next 20 years would generate benefits matching the estimated
costs. In response to ATR's comment about the uncertainty of the
effects of other potential benefits, such as time savings for updated
CVR retrieval tools, FAA has removed that section from the analysis.
---------------------------------------------------------------------------
\40\ U.S. Department of Transportation (DOT), Treatment of the
Value of Preventing Fatalities and Injuries in Preparing Economic
Analyses. Office of the Secretary of Transportation, 2024.
---------------------------------------------------------------------------
5. Costs
FAA estimates this final rule results in the incremental cost
increase of equipping a newer 25-hour capable CVR unit over a 2-hour
capable unit to all new aircraft. From market research, FAA determined
the cost increase between the older and newer units was expected to be
minimal, ranging from near parity to an upper bound of approximately
$5,209 (2024 dollars).\41\ Even though manufacturers have already
designed and certified newer 25-hour capable CVRs as a result of the
updated EASA and ICAO requirements, costs would still be incurred.
Aircraft over the MCTOW could still use a 2-hour CVR if they only
operated in U.S. airspace, but with this final rule operators will also
have to upgrade, resulting in the incremental cost being applied to all
future manufactured aircraft required to have a CVR in the affected CFR
operations. FAA recognizes this cost is likely overestimated due to the
following assumptions:
---------------------------------------------------------------------------
\41\ Updated from 2021 price difference of $4,500 using the
Consumer Price Index for All Urban Consumers (CPI-U).
---------------------------------------------------------------------------
(1) This model assumes there is a consistent incremental cost to
upgrade to the newer 25-hour models over the analysis period, which may
not hold true as the newer units become the industry standard, and the
older 2-hour variants are phased out of production chains.
(2) Should there be an incremental cost difference between the 25-
hour and 2-hour models, this model assumes the CVR is always purchased
at the top $5,209 price difference (2024 dollars), even though
operators may negotiate deals for better pricing, as L3Harris noted in
its public comment.
(3) The cost model assumes all future-built U.S. aircraft would
have to be upgraded to a 25-hour CVR due to the final rule. However,
new aircraft intended for international operations would likely already
comply due to EASA and ICAO standards, and therefore, these costs are
not attributable to this final rule. Since FAA does not have data on
the number of aircraft also subject to EASA and ICAO 25-hour standards,
these costs could not be excluded from the total.
FAA estimates in this final rule, the applicable fleet will
increase from around 23,273 aircraft to 35,535 over 20 years. This
change was projected by applying the year-to-year percentage fleet
growths from the FAA Aerospace Forecasts.\42\ Specifically, general
aviation turbo-jet/fan, turbo-piston, and turbine powered rotorcraft
rates from forecast table 28 are applied to their CFR part 91 and 135
respective populations shown below in table 3, while part 121 and 125
jet aircraft are grown from the mainline jet totals in forecast table
21, and piston totals by non-jet regional growth in forecast table 27.
---------------------------------------------------------------------------
\42\ The FY 2024-2044 FAA Aerospace Forecast and associated data
tables can be found at: <a href="https://www.faa.gov/data_research/aviation/aerospace_forecasts">https://www.faa.gov/data_research/aviation/aerospace_forecasts</a>.
[[Page 4457]]
Table 4--CVR Applicable Fleet Makeup by CFR Part \A\
----------------------------------------------------------------------------------------------------------------
Turbine powered Turbine powered Turbine powered
14 CFR operational part jets piston rotorcraft Total
----------------------------------------------------------------------------------------------------------------
Part 91 \B\................... 10,436 1,125 267 11,828
Part 121...................... 7,706 103 .................... 7,809
Part 125...................... 68 13 .................... 81
Part 135...................... 2,269 908 378 3,555
---------------------------------------------------------------------------------
Total..................... 20,479 2,149 645 23,273
----------------------------------------------------------------------------------------------------------------
\A\ Based on July 2024 data.
\B\ Consists of part 91 and 91K Aircraft.
Source: FAA July 2024.
Besides new demand growth, Boeing and Airbus, in their 2023
commercial market outlooks (CMO) estimated somewhere between 75 to 80
percent of the current operating North American commercial fleet will
be replaced with new aircraft by 2042.\43\ \44\ These replacement
aircraft are not reflected in the total fleet growth (new aircraft
built to handle increased demand), but at the utilized value of 78.3
percent replacement of the current fleet, there are 18,101 new aircraft
would still require a 25-hour CVR and therefore add to the total
incremental costs. The breakouts by CFR part for the total fleet over
20 years, including both aircraft built for new demand and current
fleet replacement, are shown in table 5 below.
---------------------------------------------------------------------------
\43\ For more information on Boeing's CMO and replacement ratio
(replacement total/current fleet total) see: <a href="https://www.boeing.com/resources/boeingdotcom/market/assets/downloads/2023-CMO_Hulst-Presentation.pdf">https://www.boeing.com/resources/boeingdotcom/market/assets/downloads/2023-CMO_Hulst-Presentation.pdf</a>.
\44\ For further information on Airbus's CMO and replacement
ratio see: <a href="https://www.airbus.com/sites/g/files/jlcbta136/files/2023-06/GMF%202023-2042%20Presentation_0.pdf">https://www.airbus.com/sites/g/files/jlcbta136/files/2023-06/GMF%202023-2042%20Presentation_0.pdf</a>.
Table 5--Estimated Fleet Numbers by CFR Part Over 20 Years
--------------------------------------------------------------------------------------------------------------------------------------------------------
First year Year 20 Future demand Replaced first Total aircraft
14 CFR operational part fleet \A\ estimated fleet increase \B\ year fleet \C\ built \D\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 91 \E\.............................................. 11,828 19,191 7,363 9,200 16,563
Part 121................................................. 7,809 10,838 3,029 6,074 9,103
Part 125................................................. 81 102 21 63 84
Part 135................................................. 3,555 5,403 1,848 2,765 4,613
----------------------------------------------------------------------------------------------
Total................................................ 23,273 35,535 12,262 18,101 30,363
--------------------------------------------------------------------------------------------------------------------------------------------------------
\A\ FAA estimated current applicable fleet size as of July 2024.
\B\ Future demand increase is calculated with the first-year fleet grown over the 20 years by respective propulsion type.
\C\ Replacement of first year fleet consists of 77.78 percent of the first-year fleet evenly spread over the 20 years.
\D\ Total consists of aircraft built to replace current fleet and increase to handle future demand.
\E\ Consists of part 91 and 91K aircraft.
Note: Columns may not sum to total due to rounding.
The 20-year timeframe is used as the estimated replacement of over
78 percent of aircraft of the fleet, in addition to new aircraft built
to handle future demand, should result in a significant portion of the
active fleet being equipped with 25-hour CVRs.
FAA estimates the maximal total cost to upgrade these projected
newly built aircraft over 20 years to a 25-hour capable CVR, at a seven
percent discount rate, to be $69.7 million, with an annualized cost of
$6.6 million (table 5). These values were based on the upper bound
maximum difference cost of $5,209 between the two CVR models applied to
all newly built aircraft requiring a CVR. Aircraft type certified for
30 or more passenger seats are assumed to begin equipping in 2025 to
meet the requirements of the 2024 FAA Reauthorization Act. New aircraft
that are type certified for under 30 passengers, but with a 59,525 lbs.
or more MCTOW, are expected to begin equipping in the second half of
2026 to meet FAA requirements. All other newly built CVR applicable
aircraft are assumed to only begin equipping with 25-hour models in the
second half of 2028. Cost estimates are based on these compliance
dates, so any aircraft that are built and equipped with a 25-hour CVR
ahead of their associated compliance start are not included.
Table 6--Costs Over 20 Years by CFR Part by Discount Factor
[Millions of 2024$]
----------------------------------------------------------------------------------------------------------------
Total costs Annualized costs
14 CFR operational part ----------------------------------------------------------------------------
7% 3% 7% 3%
----------------------------------------------------------------------------------------------------------------
Part 91 \A\........................ $36.7 $54.6 $3.5 $3.7
Part 121........................... 22.8 33.9 2.2 2.3
Part 125........................... 0.2 0.3 0.0 0.0
Part 135........................... 10.0 15.0 0.9 1.0
----------------------------------------------------------------------------
[[Page 4458]]
Total.......................... 69.7 103.7 6.6 7.0
----------------------------------------------------------------------------------------------------------------
\A\ Consists of part 91 and 91K Aircraft.
Note: Columns may not sum to total due to rounding.
FAA does not anticipate any other notable costs to comply with the
final rule. This rule only updates the minimal required recording time
and does not change the technical specifications or core operating
components. As such, the newer 25-hour models are built with similar
dimensions and wiring standards that make them near drop-in
replacements. Therefore, operational procedures and subsequent costs
should remain equivalent to the 2-hour CVR models.
In a public comment, Gulfstream noted there may be some additional
unquantified costs for aircraft manufacturers to certify their products
with the new CVRs. FAA lacks data to assess both the average costs to
certify with new CVR models and the number of aircraft models that
would need to undergo this process. In addition, as these newer
generation CVRs become the standard equipment due to congressional and
international requirements alongside supply chain changes, it is
expected most aircraft would eventually have to certify with them
regardless of the final rule. Due to these factors, FAA agrees there
may be a certification cost to manufacturers that have not previously
been required to use a 25-hour CVR, but could not estimate those costs.
6. Summary
The final rule increases the mandated minimum recording time for
CVRs from 2 to 25 hours for all applicable future manufactured aircraft
operating in 14 CFR parts 91, 121, 125, and 135. The estimated maximal
total cost of equipping these new aircraft over 20 years, at a seven
percent discount rate, is $69.7 million with annualized costs of $6.6
million. Benefits are primarily expected from the savings due to
potential risk reduction from avoided accidents as investigative
authorities have access to more audio data to aid in prescribing
preventative measures. However, there is not sufficient data for FAA to
estimate the exact reduction in risk. Given the assigned level of VSL
of $13.7 million, should the risk reduction amount to preventing five
fatalities in the next 20 years, benefits would match the costs of the
final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
FAA published an Initial Regulatory Flexibility Analysis (IRFA) in
the proposed rule to aid the public in commenting on the potential
impacts to small entities. FAA considered public comments in developing
the final rule and this Final Regulatory Flexibility Analysis (FRFA). A
FRFA must contain the following:
(1) A statement of the need for, and objectives of, the rule;
(2) A statement of the significant issues raised by the public
comments in response to the IRFA, a statement of the assessment of the
agency of such issues, and a statement of any changes made in the
proposed rule as a result of such comments;
(3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments;
(4) A description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available;
(5) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
(6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency that affect the
impact on small entities was rejected.
As described in the RIA, FAA identified six U.S. manufacturers
affected by the rule. Based on the Small Business Administration (SBA)
2023 size standard for Other Aircraft Part and Auxiliary Equipment
Manufacturing (NAICS 336413),\45\ and on publicly available data on
employment for these entities, all six identified manufacturers exceed
the 1,250-employee size maximum for a small business. Therefore, FAA
certifies the rule will not have a significant economic impact on a
substantial number of small entities because the rule does not impact
any small entity.
---------------------------------------------------------------------------
\45\ SBA Size Standards, effective March 17, 2023, can be found
at <a href="https://www.sba.gov/document/support-table-size-standards">https://www.sba.gov/document/support-table-size-standards</a>.
---------------------------------------------------------------------------
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
[[Page 4459]]
FAA has assessed the effects of this final rule and determined it
promotes the safety of the American public and does not exclude
imported aircraft that have a CVR meeting the recording length
requirement. As a result, FAA does not consider this final rule as
creating an unnecessary obstacle to foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. FAA determined this rule will not result in the
expenditure of $187 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FAA consider the impact of paperwork and other information
collection burdens imposed on the public. 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 Office of Management and Budget (OMB) control number.
This action contains the following amendments to the existing
information collection requirements previously approved under OMB
Control Number 2120-0700. As required by the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)), FAA has submitted these proposed information
collection amendments to OMB for its review.
Summary: In this final rule, FAA is increasing the recording time
of cockpit voice recorders (CVRs) from the current 2-hour to 25-hours
for all newly manufactured aircraft that are required to have a CVR
installed. This rulemaking will provide accident investigators,
aircraft operators, and civil aviation authorities with substantially
more CVR data to help find the probable causes of incidents and
accidents and use the information to prevent future incidents and
accidents. The rule is influenced by a NTSB safety recommendation, as
well as EASA's and ICAO's 25-hour CVR requirements and standards.
However, this rulemaking will encompass more aircraft than EASA and
ICAO as the requirement is set by not only maximum certified takeoff
weight, but operation type and passenger capacity as well.
Public Comments: No public comments were received on the proposed
rule's burden on information collection.
Additionally, FAA's Aircraft Certification Service and Flight
Standards offices collect public comments through feedback links, to
include:
<bullet> <a href="https://www.faa.gov/about/office_org/headquarters_offices/avs/stakeholder_feedback/air">https://www.faa.gov/about/office_org/headquarters_offices/avs/stakeholder_feedback/air</a>
<bullet> <a href="https://www.faa.gov/about/office_org/headquarters_offices/avs/stakeholder_feedback/afx">https://www.faa.gov/about/office_org/headquarters_offices/avs/stakeholder_feedback/afx</a>
Use: The collection of FDR and CVR data is a valuable tool used in
the accident investigation process. The data can provide information
that may be difficult or impossible to obtain by other means. This
assists the NTSB in reconstructing the events leading to an aircraft
accident or incident and determining the probable cause. Understanding
the probable cause of aviation accidents and incidents allows FAA and
aviation industry to improve aircraft design, operation, and
maintenance, thus improving aviation safety overall.
This collection of information supports the Department of
Transportation's strategic goal for Safety: Reduce Transportation-
Related Fatalities and Serious Injuries Across the Transportation
System.
In addition, FAA has continuous goals of ensuring the National Air
Space (NAS) is the safest and most efficient aircraft operating space
in the world.\46\ This requirement gives FAA the ability to analyze the
events and procedures affecting the aircraft during incidents/
accidents.
---------------------------------------------------------------------------
\46\ See FAA 2024 Business Plan.
---------------------------------------------------------------------------
Respondents (including number of): FAA estimates in the next three
years there will be 28,003 operating aircraft that are required to have
a CVR and FDR installed. The compliance time for aircraft that have a
59,524 lbs./26,999 kg or less MCTOW to install 25-hour CVRs is three
years after final rule publication, so it is assumed in this estimate
that these aircraft will be using older 2-hour CVR models during the 3-
year period.
Frequency: The collection is continuous while the aircraft is
operating; however, the information is only provided to FAA during an
investigation (about 75 cases per year.)
Annual Burden Estimate: FAA estimates the burden to 28,003
respondents (population within the next three years) to this collection
of information is 809,105 hours and $21,996, annually.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified the following differences with these regulations. With
the FAA mandate, there are differences in its requirement for 25-hour
CVRs for newly manufactured aircraft. ICAO's 25-hour CVR rule is based
solely on the certified takeoff weight of the aircraft. Its existing
rule requires aircraft over 27,000 kg (59,525 pounds) MCTOW to install
a 25-hour CVR. FAA's existing regulatory scheme differentiates aircraft
by operation type rather than by weight. For that reason, FAA's mandate
will encompass more aircraft, including aircraft that have a MCTOW less
than 27,000 kg (59,525 pounds).
The effective date of the rule depends on aircraft's operational
part, passenger seat capacity, and MCTOW. Aircraft manufactured on or
after May 16, 2025, required to be equipped with a CVR, and a more than
27,000 kg/59,525 pounds MCTOW, with 30 or more passenger seats, or
operating in Part 121 are required to use a 25-hour CVR in alignment
with the requirements of the Act. Aircraft manufactured on or after one
year from the effective date of the rule, required to be equipped with
a CVR, and a more than 27,000 kg/59,525 pounds MCTOW, with 29 or fewer
passenger seats, are required to be equipped with a 25-hour CVR in
alignment with the requirements of the Act. Aircraft manufactured three
years after the effective date of the rule, operated under parts 91,
125, 135, and with a MCTOW of 59,524 pounds or less, are required to
use a 25-hour CVR. FAA intends to file a difference with ICAO.
G. Environmental Analysis
The Department has analyzed the environmental impacts of this final
rule pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.). FAA has determined this rule is categorically
excluded pursuant to Paragraph B-2.6(f) of Appendix B to FAA Order
1050.1G, FAA National Environmental Policy Act Implementing Procedures
(90 FR 29615, July 3, 2025). Categorical exclusions are categories of
[[Page 4460]]
actions that the agency has determined normally do not significantly
affect the quality of the human environment and therefore do not
require either an environmental assessment (EA) or environmental impact
statement (EIS). See DOT Order 5610.1D Sec. 9. In analyzing the
applicability of a categorical exclusion, the agency must also consider
whether extraordinary circumstances are present that would warrant the
preparation of an EA or EIS. Id. Sec. 9(b). This rulemaking, which
amends, restructures, and consolidates the CVR regulations presently
located throughout title 14 of the CFR, is categorically excluded
pursuant to appendix B-2.6(f) of FAA Order 1050.1G: ``Regulations,
standards, and exemptions (excluding those that if implemented may
cause a significant impact on the human environment).'' FAA does not
anticipate any environmental impacts, and there are no extraordinary
circumstances present in connection with this rulemaking.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
FAA has analyzed this final rule under the principles and criteria
of Executive Order (E.O.) 13132, Federalism. FAA has determined this
action will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, will not have Federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\47\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\48\ FAA ensures Federally Recognized Tribes (Tribes) are
given the opportunity to provide meaningful and timely input regarding
proposed Federal actions that have the potential to have substantial
direct effects on one or more Indian tribes, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes; or to affect uniquely or significantly
their respective Tribes. At this point, FAA has not identified any
unique or significant effects, environmental or otherwise, on tribes
resulting from this final rule.
---------------------------------------------------------------------------
\47\ 65 FR 67249 (Nov. 6, 2000).
\48\ FAA Order No. 1210.20 (Jan. 28, 2004), available at <a href="https://www.faa.gov/documentLibrary/media/1210.pdf">https://www.faa.gov/documentLibrary/media/1210.pdf</a>.
---------------------------------------------------------------------------
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
FAA analyzed this final rule under E.O. 13211, Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use (May 18, 2001). FAA has determined it is not a ``significant energy
action'' under the executive order and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. FAA has analyzed
this action under the policies and agency responsibilities of Executive
Order 13609, and has determined this action will have no effect on
international regulatory cooperation.
E. Executive Order 14192, Unleashing Prosperity Through Deregulation
This final rule is considered an E.O. 14192 regulatory action. FAA
estimates that this rule generates $4.9 million in annualized costs at
a 7 percent discount rate, discounted relative to year 2024, over a
perpetual time horizon.
VII. Additional Information
A. Electronic Access and Filing
A copy of the NPRM, all comments received, this final rule, and all
background material may be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
using the docket number listed above. A copy of this final rule will be
placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A copy may also be found at FAA's
Regulations and Policies website at <a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit <a href="https://www.faa.gov/regulations_policies/rulemaking/sbre_act/">https://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects
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 135
Air taxis, Aircraft, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120,
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,
47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703
note); Pub. L. 118-383; articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
2. Amend Sec. 91.609 by revising paragraph (i)(2) to read as follows:
Sec. 91.609 Flight data recorders and cockpit voice recorders.
* * * * *
(i) * * *
[[Page 4461]]
(2) Retains at least--
(i) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if:
(A) Manufactured on or after May 16, 2025, for transport category
aircraft type-certificated with 30 or more passenger seats, or
(B) Manufactured on or after February 2, 2027, for airplanes or
rotorcraft with a maximum certified takeoff weight (MCTOW) of 59,525
pounds or more and type-certificated for 29 or fewer passenger seats;
or
(C) Manufactured on or after February 2, 2029, for airplanes or
rotorcraft with a maximum certified takeoff weight (MCTOW) of 59,524
pounds or less; or
(ii) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, unless the
airplane or rotorcraft meets the manufacturing date and requirements
found in (i)(2)(i)(A), (i)(2)(i)(B), or (i)(2)(i)(C) of this paragraph.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
3. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40103, 40113, 40119, 41706, 42301
preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C.
44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note);
Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note); Pub. L. 118-
383.
0
4. Amend Sec. 121.359 by revising paragraphs (i)(2) and (j)(2) to read
as follows:
Sec. 121.359 Cockpit voice recorders.
* * * * *
(i) * * *
(2) Retains at least--
(i) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if manufactured on
or after May 16, 2025; or
(ii) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, if the airplane is
manufactured before May 16, 2025; and
* * * * *
(j) * * *
(2) Retains at least--
(i) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if manufactured on
or after May 16, 2025; or
(ii) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, if manufactured
before May 16, 2025; and
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
5. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722; Pub. L. 118-383.
0
6. Amend Sec. 125.227 by revising paragraphs (g)(2) and (h)(2) to read
as follows:
Sec. 125.227 Cockpit voice recorders.
* * * * *
(g) * * *
(2) Retains at least--
(i) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if:
(A) Manufactured on or after May 16, 2025, for a transport category
aircraft type-certificated with 30 or more passenger seats;
(B) If manufactured on or after February 2, 2027, for airplanes
with a maximum certified takeoff weight (MCTOW) of 59,525 pounds or
more and type-certificated with 29 or fewer passenger seats; or
(C) If manufactured on or after February 2, 2029, for airplanes
with a maximum certified takeoff weight (MCTOW) of 59,524 pounds or
less.
(ii) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, unless the
airplane meets the manufacturing date and requirements found in
(g)(2)(i)(A), (g)(2)(i)(B), or (g)(2)(i)(C) of this paragraph; and
* * * * *
(h) * * *
(2) Retains at least--
(i) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if:
(A) Manufactured on or after May 16, 2025, for airplanes with a
maximum certified takeoff weight (MCTOW) of 59,525 pounds or more, or a
transport category aircraft type-certificated with 30 or more passenger
seats;
(B) If manufactured on or after February 2, 2027, for airplanes
with a maximum certified takeoff weight (MCTOW) of 59,525 pounds or
more type-certificated for 29 or fewer passenger seats; or
(C) If manufactured on or after February 2, 2029, for airplanes
with a maximum certified takeoff weight (MCTOW) of 59,524 pounds or
less; or
(ii) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, unless the
airplane meets the manufacturing date and requirements found in
(h)(2)(i)(A), (h)(2)(i)(B), or (h)(2)(i)(C) of this paragraph; and
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
7. The authority citation for part 135 continue to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 41706, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. L.
112-95, 126 Stat. 58 (49 U.S.C. 44730), Pub. L. 118-383.
0
8. Amend Sec. 135.151 by revising paragraphs (g)(1)(iii) and
(g)(2)(iii) to read as follows:
Sec. 135.151 Cockpit voice recorders.
* * * * *
(g) * * *
(1) * * *
(iii) Retains at least--
(A) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if:
a. Manufactured on or after May 16, 2025, for a transport category
aircraft type-certificated for 30 or more passenger seats; or
b. Manufactured on or after February 2, 2027, for airplanes or
rotorcraft with a maximum certified takeoff weight (MCTOW) of 59,525
pounds or more or type-certificated for 29 or fewer passenger seats; or
c. Manufactured on or after February 2, 2029, for airplanes or
rotorcraft with a maximum certified takeoff weight (MCTOW) of 59,524
pounds or less; or
(B) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, unless the
airplane or rotorcraft meets the manufacturing date and requirements
found in (g)(1)(iii)(A)(a), (g)(1)(iii)(A)(b), or (g)(1)(iii)(A)(c).
* * * * *
(2) * * *
[[Page 4462]]
(iii) Retains at least--
(A) The last 25 hours of recorded information using a recorder that
meets the standards of TSO-C123c, or later revision, if:
a. Manufactured on or after May 16, 2025, for airplanes or
rotorcraft type-certificated for 30 or more passenger seats;
b. Manufactured on or after February 2, 2027, for airplanes or
rotorcraft with a maximum certified takeoff weight (MCTOW) of 59,525
pounds or more with 29 or fewer passenger seats; or
c. Manufactured on or after February 2, 2029, for airplanes or
rotorcraft with a maximum certified takeoff weight (MCTOW) of 59,524
pounds or less.
(B) The last 2 hours of recorded information using a recorder that
meets the standards of TSO-C123a, or later revision, unless the
airplane or rotorcraft meets the manufacturing date and requirements
found in (g)(2)(iii)(A)(a), (g)(2)(iii)(A)(b), or (g)(2)(iii)(A)(c).
* * * * *
Issued under authority provided by 49 U.S.C. 106(f) and 44701(a)
in Washington, DC.
Christopher J. Rocheleau,
Deputy Administrator.
[FR Doc. 2026-02110 Filed 1-30-26; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on February 2, 2026.
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