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Honeywell and Curtiss-Wright have developed the HCR-25 cockpit voice recorder and flight data recorder for Airbus and Boeing aircraft that meets the new 25-hr. CVR requirement.
Cockpit Voice Recorders (CVR) are a controversial topic within the aviation industry. CVRs, which capture audio from an aircraft’s flight deck, play a vital role in accident investigations. The devices record critical sounds such as engine noise, stall warnings, and landing gear operations, providing insight into engine performance, system malfunctions, and the timing of incidents.
CVRs also log communications with air traffic control and conversations among the pilots, helping investigators analyze decision-making and adherence to procedure. This information is essential for identifying the causes of aircraft accidents and shaping future safety protocols. However, regulatory efforts to enhance CVR usage and minimum duration have faced resistance due to concerns about privacy and misuse.
Efforts to extend the duration of CVRs have been underway for years. Following a high-profile runway incident at San Francisco International Airport in July 2017, the NTSB issued an Aviation Safety Recommendation Report titled “Extended Duration Cockpit Voice Recorders.” Recommendation A-18-030 of the report urged the FAA to require all newly manufactured aircraft to have CVRs capable of at least 25 hours of audio recording.
The NTSB criticized the 2-hr. minimum recording duration as inadequate for investigations, highlighting numerous cases where necessary CVR data was overwritten because the relevant events occurred more than two hours prior.
The FAA subsequently published a notice of proposed rulemaking (NPRM), ‘‘25–Hour Cockpit Voice Recorder (CVR) Requirements, New Aircraft Production,’’ on Dec. 4, 2023 (88 Fed. Reg. 84090). The NPRM outlined the FAA’s plan to extend the CVR recording duration from the existing 2-hr. requirement to 25 hr.
The proposed rule generated significant public feedback from various stakeholders, including members of Congress, manufacturers, and public interest groups. Before the FAA was able to issue a final rule, Congress passed the FAA Reauthorization Act of 2024 (Public Law 118-63). The reauthorization legislation, signed into law on May 16, 2024, dedicated a substantial portion of its text to aviation safety improvements. Notably, Section 366 of the act created new requirements for the duration of CVRs and the protection of CVR data.
Similar to the NPRM, the FAA reauthorization legislation requires the installation of 25-hour CVRs on all new and existing covered aircraft. The bill creates two timelines for installation of 25-hour CVRs in compliance with technical standard order (TSO)–C123c. All covered aircraft manufactured after May 16, 2025, must be outfitted with a 25-hour CVR. All other covered aircraft must be equipped with a 25-hour CVR within six years of the Act’s enactment or by May 16, 2030.
The act defines “Covered Aircraft” as either an aircraft operated under Part 121, or a transport category aircraft designed for operations by an air carrier, or a foreign air carrier type-certificated aircraft with a passenger seating capacity of 30 or more, or an all-cargo or combi derivative of such an aircraft. A “Covered Operator” is simply defined as the operator of a Covered Aircraft.
Unlike the NPRM, legislators acknowledged flight crew fears about retaliatory uses of CVR data. The reauthorization prohibits the FAA administrator or any Covered Operator from using CVR recordings for any certificate actions, civil penalties, or disciplinary measures against flight crewmembers. Furthermore, the FAA must promulgate a final rule on CVR installation for Covered Aircraft within three years of the act’s enactment.
Congress likewise addressed privacy concerns associated with extended CVR data. The act orders the FAA administrator to issue a new rule to safeguard CVR data. Specifically, it directs the administrator to ensure CVR data is secured from unauthorized public disclosure, used only by federal agencies or comparable foreign bodies for criminal investigations, and protected against tampering or deliberate erasure after NTSB-reportable events.
While the FAA has three years to finalize rules related to Section 366, all provisions of the act are already in effect. For instance, Covered Operators are prohibited from using CVR data to discipline a flight crew member, even without a final FAA rule in place. Ultimately, the FAA’s rulemaking will offer further guidance on compliance and implementation of these requirements.
Importantly, Congress added a savings clause in Section 336 of the reauthorization. The savings clause will ensure that nothing in Section 336 will be interpreted as delaying or restricting the FAA’s previous NPRM. Therefore, the FAA may build on its previous notice and existing public comments while also incorporating the congressional directives from the reauthorization.
My thanks to Brittan Harrell at Jetlaw for her congressional experience and insight in writing this article.
Contact Kent S. Jackson at [email protected]
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