25-Hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft Production

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Aviation Administration</SUBAGY> <CFR>14 CFR Parts 91, 121, 125, and 135</CFR> <DEPDOC>[Docket No.: FAA-2023-2270; Amdt. Nos. 91-382, 121-395, 125-77 and 135-149]</DEPDOC> <RIN>RIN 2120-AL92</RIN> <SUBJECT>25-Hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft Production</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Aviation Administration (FAA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> February 2, 2026. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> 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 <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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 <E T="03">Charisse.Green@faa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Authority for This Rulemaking</FP> <FP SOURCE="FP-2">II. Executive Summary</FP> <FP SOURCE="FP1-2">A. Purpose of the Regulatory Action</FP> <FP SOURCE="FP1-2">B. Changes Made in This Final Rule</FP> <FP SOURCE="FP1-2">C. Summary of the Costs and Benefits</FP> <FP SOURCE="FP-2">III. Background</FP> <FP SOURCE="FP1-2">A. Summary of the NPRM</FP> <FP SOURCE="FP1-2">B. Statement of the Problem</FP> <FP SOURCE="FP1-2">C. Cockpit Voice Recorder Capabilities and Investigative Use</FP> <FP SOURCE="FP1-2">D. National Transportation Safety Board (NTSB) Recommendation</FP> <FP SOURCE="FP1-2">E. ICAO and EASA Adoption of a 25-Hour Cockpit Voice Recorder Requirement</FP> <FP SOURCE="FP1-2">F. 2024 FAA Reauthorization Act</FP> <FP SOURCE="FP1-2">G. General Overview of the Comments</FP> <FP SOURCE="FP1-2">H. Differences Between the NPRM and the Final Rule</FP> <FP SOURCE="FP-2">IV. Discussion of Comments and the Final Rule</FP> <FP SOURCE="FP1-2">A. Retrofit</FP> <FP SOURCE="FP1-2">B. Privacy</FP> <FP SOURCE="FP1-2">C. Compliance</FP> <FP SOURCE="FP-2">V. Regulatory Notices and Analyses</FP> <FP SOURCE="FP1-2">A. Regulatory Impact Analysis</FP> <FP SOURCE="FP1-2">B. Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">C. International Trade Impact Assessment</FP> <FP SOURCE="FP1-2">D. Unfunded Mandates Assessment</FP> <FP SOURCE="FP1-2">E. Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">F. International Compatibility</FP> <FP SOURCE="FP1-2">G. Environmental Analysis</FP> <FP SOURCE="FP-2">VI. Executive Order Determinations</FP> <FP SOURCE="FP1-2">A. Executive Order 13132, Federalism</FP> <FP SOURCE="FP1-2">B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments</FP> <FP SOURCE="FP1-2">C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use</FP> <FP SOURCE="FP1-2">D. Executive Order 13609, Promoting International Regulatory Cooperation</FP> <FP SOURCE="FP-2">VII. Privacy</FP> <FP SOURCE="FP-2">VIII. Additional Information</FP> <FP SOURCE="FP1-2">A. Electronic Access and Filing</FP> <FP SOURCE="FP1-2">B. Small Business Regulatory Enforcement Fairness Act</FP> </EXTRACT> <HD SOURCE="HD1">I. Authority for This Rulemaking</HD> 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  <SU>1</SU> <FTREF/> (“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 <E T="03">TSO-C123c, Cockpit Voice Recorder Equipment,</E> 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. <SU>2</SU> <FTREF/> “Covered operator” is defined by the Act as an operator of a covered aircraft. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>  Securing Growth and Robust Leadership in American Aviation Act. Public Law 118-63, Sec. 366. May 16, 2024. </FTNT> <FTNT> <SU>2</SU>   <E T="03">Id.</E> at Sec. 366(f)(1)(A)-(B). </FTNT> <FTNT> <SU>3</SU>   <E T="03">Id.</E> at Sec. 366(f)(2). </FTNT> 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).”  <SU>4</SU> <FTREF/> 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. <FTNT> <SU>4</SU>   <E T="03">Id.</E> at Sec. 366(d). </FTNT> 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. <HD SOURCE="HD1">II. Executive Summary</HD> <HD SOURCE="HD2">A. Purpose of the Regulatory Action</HD> 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 recording 25 hours of information. <SU>5</SU> <FTREF/> 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. <FTNT> <SU>5</SU>  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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 101k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━