Opinion No 01-2014 - Explanatory Note

European Aviation Safety Agency Rulemaking Directorate
Opinion No 01/2014
Amendment of requirements for flight recorders

and underwater locating devices
RELATED NPA/CRD 2013-26 RMT.0400 (OPS.090(a)) & RMT.0401 (OPS.090(b)) 5.5.2014
EXECUTIVE SUMMARY
This Opinion addresses safety issues related to the reliability and preservation of flight recorders and to
locating the aircraft after an accident over water.
This Opinion proposes to address these safety issues by:
mandating that obsolete recording technologies are not used anymore on aircraft operated for
commercial air transport after 1 January 2019;
mandating a CVR recording duration of 20 hours for large aeroplanes (MCTOM of over 27 000 kg)
first issued with an individual CofA on or after 1 January 2020, and 2 hours for other aeroplanes
required to carry a CVR;
mandating a 90-day transmitting time for the ULDs fitted on flight recorders after 1 January 2018
for aeroplanes operated in CAT, and after 1 January 2020 in other cases; and
mandating that large aeroplanes (MCTOM of over 27 000 kg) operated for CAT on long range
overwater flights are fitted with a long range detection ULD after 1 January 2019.
The proposed changes are expected to increase safety by facilitating the recovery of information by the
safety investigation authorities. They will address 13 safety recommendations from safety investigation
authorities, improve ICAO compliance, and bring benefits for flight recorder serviceability and
preservation, and for the retrieval of an aircraft after an accident over water.
This Opinion proposes amendments to Annexes IV (Part-CAT), VI (Part-NCC), and VIII (Part-SPO) to
Commission Regulation (EU) No 965/2012 as last amended by Commission Regulation (EU) No 379/2014.
Applicability Process map
Affected Annexes IV, VI and VIII to Commission Concept Paper: No

regulations Regulation (EU) No 965/2012; Terms of Reference 24.9.2012
and decisions: Decision 2012/017/R; Decision 2012/018/R; Rulemaking group: No
Decision 2013/021/R; Decision 2014/018/R
(AMC/GM to Part-SPO) RIA type: Full and light
Technical consultation
Affected Aircraft operators; flight crew members; aircraft during NPA drafting: No
stakeholders: pilots Publication date of the NPA: 20.12.2013
Duration of NPA consultation: 3 months
Driver/origin: Safety, legal obligation (ICAO Standards) Review group: No
Focussed consultation: No
Reference: ICAO Annex 6 Part I, Part II, and Part III
Publication date of the Decision: 2015/Q2
Safety recommendations CAND-1999-002
(McDonnell Douglas MD11, HB-IWF,
02/09/1998); GREC-2006-045 (B737 of Helios,
5B-DBY, 14/08/2005); NORW-2006-013 (ATR
42, OY-JRJ 31/01/2005); NETH-2011-015
(Boeing 737, PH-BDP, 10/02/2010); UNKG-
2012-013 (Boeing 767, G OOBK, 03/10/2010);
FRAN-2012-025 (Airbus 340, F-GLZU,
22/07/2011); FINL-2012-003 (Airbus A330,
OH-LTO,11/12/2010); FRAN-2009-016, FRAN-
2009-017, FRAN-2009-018, FRAN-2011-017
and FRAN-2011-018 (Airbus A330, F-GZCP,
01/06/2009); UNKG-2008-020 (ATR42, EI-SLD,
18/01/2007).
TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

Proprietary document. Copies are not controlled. Confirm revision status through the EASA intranet/Internet. Page 1 of 13
European Aviation Safety Agency Opinion No 01/2014
Table of contents
Table of contents
1. Procedural information ................................................................................................. 3

1.1. The rule development procedure ............................................................................. 3
1.2. The structure of this Opinion and related documents ................................................. 3
1.3. The next steps in the procedure .............................................................................. 3
2. Explanatory Note ......................................................................................................... 4
2.1. Issues to be addressed .......................................................................................... 4
2.2. Objectives ............................................................................................................ 4
2.3. Outcome of the consultation ................................................................................... 4
2.4. Summary of the Regulatory Impact Assessment ....................................................... 5
2.4.1. Preferred options ............................................................................................ 5
2.4.2. Impacts ......................................................................................................... 5
2.5. Overview of the proposed amendments ................................................................... 7
2.5.1. Main differences with the amendments proposed by NPA 2013-26......................... 7
2.5.2. Other differences with the amendments proposed by NPA 2013-26 ....................... 8
2.5.3. Summary of the amendments to the current rules ............................................... 9
2.5.3.1. Preservation and use of recordings .............................................................. 9
2.5.3.2. Flight recorder performance (commercial air transport) ................................11
2.5.3.3. Flight over water ......................................................................................12
2.5.3.4. Flight recorder performance (other than commercial air transport) .................12
3. References .................................................................................................................13
3.1. Affected regulations ..............................................................................................13
3.2. Reference documents ...........................................................................................13

1. Procedural information
1. Procedural information
1.1. The rule development procedure

The European Aviation Safety Agency (hereinafter referred to as the Agency) developed
this Opinion in line with Regulation (EC) No 216/2008 1 (hereinafter referred to as the
Basic Regulation) and the Rulemaking Procedure2.
This rulemaking activity is included in the Agencys 4-year Rulemaking Programme, under
RMT.0400 (OPS.090(a)) & RMT.0401 (OPS.090(b)). The scope and timescale of the task
were defined in the related Terms of Reference3 (see process map on the title page).
The draft text of this Opinion has been developed by the Agency. All interested parties
were consulted through NPA 2013-264. 75 comments were received from interested
parties, including industry, national aviation authorities, operators and staff associations.
The Agency has addressed and responded to the comments received on the NPA. The
comments received and the Agencys responses are presented in the Comment-Response
Document (CRD) 2013-265.
The final text of this Opinion (i.e. Explanatory Note and draft Commission Regulation) has
been developed by the Agency.
The process map on the title page summarises the major milestones of this rulemaking
activity.
1.2. The structure of this Opinion and related documents

Chapter 1 of this Opinion contains the procedural information related to this task.
Chapter 2 Explanatory Note explains the core technical content. The draft rule text
proposed by the Agency is published on the Agencys website6.
1.3. The next steps in the procedure

This Opinion contains proposed changes to Union regulations, and is addressed to the
European Commission which will use it as a technical basis to prepare a legislative
proposal.
The Decision containing the related Acceptable Means of Compliance (AMC) and Guidance
Material (GM) will be published by the Agency when the related Implementing Rule(s) are
adopted by the Commission. A draft text of the related AMC and GM is presented in
CRD 2013-26.
1
Regulation (EC) No 216/2008 of the European Parliament and the Council of 20 February 2008 on common rules in the
field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC,
Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1), as last amended by Commission
Regulation (EU) No 6/2013 of 8 January 2013 (OJ L 4, 9.1.2013, p. 34).
2
The Agency is bound to follow a structured rulemaking process as required by Article 52(1) of the Basic Regulation.
Such process has been adopted by the Agencys Management Board and is referred to as the Rulemaking Procedure.
See Management Board Decision concerning the procedure to be applied by the Agency for the issuing of opinions,
certification specifications and guidance material (Rulemaking Procedure), EASA MB Decision No 01-2012
of 13 march 2013.
3
http://easa.europa.eu/system/files/dfu/ToR%20RMT.0400-0401%20%28OPS.090%29.pdf
4
In accordance with Article 52 of the Basic Regulation and Articles 5(3) and 6 of the Rulemaking Procedure.
5
http://easa.europa.eu/document-library/comment-response-documents
6
http://easa.europa.eu/document-library/opinions

2. Explanatory Note
2. Explanatory Note
2.1. Issues to be addressed

There are four issues covered by this Opinion:
(a) The unreliability of obsolete recording technologies such as magnetic tape, magnetic
wire and frequency modulation. These technologies are still in use among flight
recorders on board aircraft registered in Europe (refer to Regulatory Impact
Assessment (RIA) A of NPA 2013-26: Discontinuation of obsolete recording
technologies).
(b) Frequent cases of the cockpit voice recorder (CVR) overwriting the recording after an
accident or a serious incident (also called CVR overrun), making the CVR useless for
the safety investigation (refer to RIA B of NPA 2013-26: CVR overrun after an
accident or a serious incident).
(c) The insufficient transmission time of underwater locating devices (ULDs) fitted to
flight recorders. In several cases, the signal of the flight recorder ULD faded out
before it could be located (refer to RIA C of NPA 2013-26: Transmission time of
flight recorder underwater locating device).
(d) Difficulties in locating wreckage after an overwater accident when insufficient
information on the accident location is available, and when in addition the sea floor is
so deep that the signal of a flight recorder ULD cannot be detected from the sea
surface (refer to RIA D of NPA 2013-26: Very long detection range underwater
locating device for wreckage localisation in oceanic areas).
All four issues translate into essential recorded information or pieces of evidence being lost
or recovered with very significant delay. They hinder or delay significantly the
reconstruction of the sequence of events that led to an occurrence and the understanding
of causes, rendering corrective actions impossible or happening too late.
2.2. Objectives
The overall objectives of the EASA system are defined in Article 2 of the Basic Regulation.
This proposal will contribute to the achievement of the overall objectives by addressing the
issues outlined in Section 2.1. of this Opinion.
The specific objectives of this proposal are to address the issues of:
(a) obsolete recording technologies for flight recorders installed on board aeroplanes and
helicopters required to carry an FDR or a CVR;
(b) CVR overruns for CVRs installed on board aeroplanes and helicopters required to
carry a CVR;
(c) transmission time of flight recorder ULDs when considering aeroplanes and
helicopters required to carry an FDR or a CVR; and
(d) safety benefits of an additional ULD with a much higher detection range for wreckage
localisation in oceanic areas.
2.3. Outcome of the consultation

A summary of comments as well as replies to individual comments can be found in
CRD 2013-26.

2. Explanatory Note
2.4. Summary of the Regulatory Impact Assessment
2.4.1. Preferred options

The preferred options are the following:
Mandate that from 1 January 2019, the CVR fitted to an aeroplane has a minimum
recording duration of 2 hours and is not recording on magnetic tape or magnetic
wire.
Mandate that from 1 January 2019, the CVR fitted to a helicopter operated for
commercial air transport is not recording on magnetic tape or magnetic wire.
Mandate that aeroplanes with an MCTOM of over 27 000 kg and first issued with an
individual Certificate of Airworthiness (CofA) on or after 1 January 2020 are equipped
with a CVR that has a minimum recording duration of 20 hours.
Mandate that if a CVR recording is used for purposes other than investigation by an
authority and other than for ensuring the CVR serviceability, then a procedure
relating to the handling of the CVR recordings and transcripts shall be in place.
Mandate that the ULDs of crash-protected flight recorders required to be installed on
commercial air transport aeroplanes have a transmission time of 90 days by
1 January 2018.
Mandate that the ULDs of crash-protected flight recorders required to be installed on
aircraft other than commercial air transport aeroplanes have a transmission time of
90 days by 1 January 2020.
Mandate that commercial air transport aeroplanes with an MCTOM of over 27 000 kg
are equipped by 1 January 2019 with an 8.8 kHz ULD when:
the aeroplane is operated over routes on which it is at no point at a distance of
more than 180 NM from the shore, and
the aeroplane is not equipped with a reliable means to determine, in case of an
accident where the aeroplane is severely damaged, the location of point of the
end of flight within 6 NM accuracy.
2.4.2. Impacts
Table 1 presents a summary of the impacts of the preferred options. In addition, a
summary of the quantified economic impacts was presented in Table 2 of NPA 2013-26.
For more details, refer to Chapter 4 of NPA 2013-26.
Note 1:
The following abbreviations are used for the categories of impacts in Table 1:
SAF stands for Safety,
ECO stands for Economic,
PRP stands for Proportionality,
REG stands for Regulatory coordination and harmonisation.
Note 2:
In Table 1, /+ means a slightly negative/positive impact, /++ means a medium
negative/positive impact, and /+++ means a very negative/positive impact.

2. Explanatory Note
Table 1 Summary of impacts of the preferred options

Impacts
Preferred options
SAF ECO PRP REG Overall
RIA A and RIA B:
More frequent recording inspections for flight recorders using magnetic wire and
+++ ++ + +++
frequency modulation, and fewer recording inspections for solid-state flight (Unreliable (Savings for (Small (Better
recorders. recording solid-state operators align-
Modify the OPS rules in order to mandate that from 1 January 2019: technologies are recorders are ment
phased out and and less impacted with
all aeroplanes required to carry a CVR, be fitted with a CVR having a
causes of CVR cases of more) ICAO
minimum recording duration of 2 hours, that is not recording on magnetic
overruns are mandatory Annex
tape or magnetic wire; and
addressed) preservation 6)
all helicopters operated for commercial air transport and required to carry a
of flight
CVR, be fitted with a CVR that is not recording on magnetic tape or magnetic
recorders)
wire.
Require that aircraft operators develop comprehensive procedures to ensure flight
recorder preservation following an accident or serious incident, while relaxing the
requirement in the case of an incident subject to mandatory reporting.
Require that all aeroplanes with an MCTOM of over 27 000 kg and first issued with
an individual CofA on or after 1 January 2020 be equipped with a CVR with a
minimum recording duration of 20 hours.
Require that if a CVR recording is used for purposes other than investigation by an
authority or ensuring the CVR serviceability, then a procedure relating to the
handling of the CVR recordings and transcripts is established.
RIA C and RIA D:
Mandate that the ULDs of crash-protected flight recorders fitted to all commercial
+++ /+ + ++ +++
air transport aeroplanes that are required to carry a flight recorder have an (Robust solution (Retrofit (The more (Align-
underwater transmission time of 90 days by 1 January 2018. to timely cost for expensive ment
Mandate that the ULDs of crash-protected flight recorders fitted to all aircraft other recover aircraft industry, retrofit with
than commercial air transport aeroplanes that are required to carry a flight and flight savings for with an 8.8 ICAO
recorder have an underwater transmission time of 90 days by 1 January 2020. recorder after underwater kHz ULD is Annex
an accident over search only for 6)
Mandate that commercial air transport aeroplanes with an MCTOM of over
water) operation CAT
27 000 kg are equipped by 1 January 2019 with an 8.8 kHz ULD when:
supported operators
the aeroplane is operated over routes on which it is at no point at a distance by States) of large
of more than 180 NM from the shore, and aircraft
the aeroplane is not equipped with a reliable means to determine, in case of performing
an accident where the aeroplane is severely damaged, the location of the oceanic
point of the end of the flight within 6 NM accuracy. flights)

2. Explanatory Note
2.5. Overview of the proposed amendments

Note:
The applicability dates of the requirements proposed were determined assuming a
publication of the Regulation in the second quarter of 2015. If the publication of the
Regulation occurs later than the second quarter of 2015, the applicability dates should be
adjusted to maintain an equivalent notice time.
2.5.1. Main differences with the amendments proposed by NPA 2013-26

Compared with the proposals of NPA 2013-26, the main differences are:
(a) The requirement of a very long recording duration CVR for large aeroplanes is
modified so that its minimum recording duration is 20 hours (instead of 15 hours),
and this requirement applies to aircraft first issued with an individual CofA on or after
1 January 2020 (instead of 1 January 2019). Indeed, several comments on
NPA 2013-26 suggested that a 15-hour recording duration may not be sufficient to
capture the whole duration of a very-long-range flight. Although very-long-range
flights only represent a small percentage of flights performed by operators of the
EASA Member States, an increase of the recording duration of the CVR to 20 hours is
finally proposed in order to provide for a solution that will always capture completely
the last flight and that will provide sufficient time margin for preserving the CVR
recording after completion of the flight in all cases. This will make the corresponding
requirement satisfactory in the long term, which is important given that it will only
apply to newly manufactured aeroplanes and thus it will have a long-term effect on
safety.
As this increase from 15 to 20 hours corresponds to an increase of 33 % of the
memory capacity of the CVR, more time should be granted to the industry to
prepare. It is considered that 2 additional years are sufficient. Since the publication
of this Opinion is advanced to the second quarter of 2014 (instead of the second
quarter of 2015, as announced in the Terms of Reference of Rulemaking task
RMT.0400 & RMT.0401), 1 year is already saved compared to the initial publication
schedule. In addition, the date of applicability of this requirement is moved from
1 January 2019 to 1 January 2020, providing for the second additional year. Given
that the very long recording duration CVR is a long-term solution anyway, and that
other measures are also proposed by this Opinion for reducing the frequency of CVR
overruns in the short and medium term, postponing the introduction of the very long
recording duration CVR by 1 year is considered acceptable in terms of safety.
(b) The applicability date for equipping flight recorders required to be carried on board
commercial air transport aeroplanes with 90-day ULDs is advanced from
1 January 2020 to 1 January 2018.
Indeed, since the publication of this Opinion is advanced by 1 year, the applicability
date for the requirements related to ULDs could also be advanced by 1 year to
1 January 2019. In addition, the recent accident of the B777 registered 9M-MRO of
Malaysia Airlines (MH370) has highlighted once again that the 30-day period is an
insufficient transmission time for a flight recorder ULD, in particular when considering
large commercial air transport aeroplanes, because they usually have longer
operating ranges than lighter aeroplanes and helicopters, and thus are more likely to
have an accident far away from the shore. Therefore, in order to accelerate the
replacement of flight recorder ULDs for this category of aircraft, the applicability
date is advanced by another year to 1 January 2018.
ULDs compliant with ETSO-C121b are expected to be available by the end of 2014.
When considering commercial air transport aeroplanes, a replacement of flight
recorder ULDs by 90-day ULDs 2 years earlier might increase by a few tens of euros
the remaining value of the replaced ULD, and thus the replacement cost, which was
assessed to be EUR 420 per flight recorder in RIA C of NPA 2013-26. However, the
2. Explanatory Note
cost per flight recorder would remain below EUR 500, which means less than
EUR 1 000 for an aircraft equipped with two flight recorders. Hence the economic
impact of this option remains unchanged (slightly negative for the industry).
With regard to the impact on regulatory coordination and harmonisation, with an
applicability date set on 1 January 2018, the EASA Member States will be in full
compliance with the Standard 1.1c) of Appendix 9 of ICAO Annex 6 Part I, hence this
impact is considered medium positive (instead of slightly positive in RIA C of
NPA 2013-26).
(c) The requirement to carry an 8.8 KHz ULD is not anymore restricted to those large
commercial air transport aeroplanes that were first issued with an individual CofA on
or after 1 January 2005; instead, it applies irrespective of the date of manufacture of
the aircraft.
Indeed, in NPA 2013-26 it was proposed to not require them for aeroplanes
manufactured before 2005, in order not to impose retrofit costs on aircraft for which
the exposure to risk is considered lower (because their remaining service life is
shorter). However, the accident of MH370 has highlighted once again the difficulties
encountered during underwater search operations, when the sea floor is very deep
and the search area is very large. Making the carriage of an 8.8 kHz ULD mandatory
regardless of the date of manufacture will ensure that all large commercial air
transport aeroplanes of the EASA Member States operators overflying oceans are
fitted with an 8.8 kHz ULD. Such a ULD model is a stand-alone equipment, so it can
be installed on any large aeroplane, whatever its type or date of manufacture.
The Regulatory Impact Assessment D of NPA 2013-26 identified that the average
retrofit cost per aircraft is less than EUR 3 500 per aircraft, and that 2 800
aeroplanes manufactured after 2005 would need to be retrofitted for a total cost of
around EUR 10 000 000. If the criterion of the date of manufacture is removed,
around 6 000 aeroplanes will be eligible, corresponding to a total cost of around
EUR 20 000 000 for aircraft operators of the EASA Member States. This total cost
impact can still be considered moderate.
With regard to the impact on regulatory coordination and harmonisation, this change
would improve EASA Member States compliance with Standard 6.5.3.1c) of ICAO
Annex 6 Part I: except for the applicability date which is 1 year later than what is
prescribed by this Standard, the requirement would not deviate from the Standard.
Note 1:
The publication of the Opinion is advanced by 1 year. However, given that models of
TSO-C200 will not be commercially available before the second half of 2015, and given
that a minimum of 30 months is advisable between the date of publication of the
requirement and the date of applicability (to account for the retrofit design and
certification), the date of applicability of 1 January 2019 proposed by NPA 2013-26 is not
changed.
Note 2:
The condition operated over routes on which it is at no point at a distance of more than
180 NM from the shore is more stringent than what is prescribed by Standard 6.5.3.1c) of
ICAO Annex 6 Part I; therefore, it does not need to be notified as a difference with this
Standard.
2.5.2. Other differences with the amendments proposed by NPA 2013-26
(a) Subparagraph (f)(1) of paragraph CAT.GEN.MPA.195 has been reworded to require

that if a CVR recording is used for purposes other than investigation (by a safety
investigation authority, the competent authority, or the administration of justice) and
other than for ensuring the CVR serviceability, then a procedure relating to the

2. Explanatory Note
handling of the CVR recordings and transcripts shall be in place in addition to getting
the prior consent by crew members and maintenance personnel concerned.
In addition, an AMC paragraph identifying important elements of the procedure for
handling CVR recordings, recommending that all information with a privacy content is
removed from the recording at an early stage, and that the aircraft operator retains
sufficient information on the use made of the CVR recording and evidence that this
use got the prior consent of the persons concerned will be added. A GM paragraph
explaining why particular precautions must be taken when handling CVR recordings
will also be added. Similar changes have been applied to NCC.GEN.145 and
SPO.GEN.145.
(b) Paragraphs CAT.IDE.A.185, CAT.IDE.A.190 and CAT.IDE.A.195 have been corrected
so that the requirement to have a device to assist in locating it in water only applies
to a fixed flight recorder, and not to a deployable flight recorder. Indeed, deployable
flight recorders are permitted by ETSOs C123b, C124b and C177, their performance
is specified in EUROCAE Document 112 (which is referred to by AMC1 CAT.IDE.A.185,
AMC2 CAT.IDE.A.190 and AMC1 CAT.IDE.A.195), and they are mentioned as a
possible automatic means to determine the location of the point of end of flight
within 6 NM accuracy. However, deployable flight recorders dont need to have a
ULD, as they are designed to float upright into water and emit an emergency signal
with their integrated Emergency Locator Transmitter (ELT). These corrections are
also applied to helicopters and to Part-NCC and Part-SPO.
(c) Subparagraph (f) of CAT.IDE.A.285 has been modified so that the scope of the
automatic means to determine the end of flight with 6 NM is restricted to accidents
where the aircraft is severely damaged. Indeed, the definition of an accident
according to ICAO Annex 13 and Regulation (EU) No 996/2010 is broader and
encompasses cases where aircraft occupants or persons on the ground are fatally and
seriously injured without the aircraft being severely damaged. In addition, this
automatic means shall allow determining the location of the point of end of flight
instead of the point of impact with the Earths surface, in order to account for
in-flight collisions and explosions.
(d) As a result of the changes made to the proposed text of the rules, and as a result of
the comments received to the NPA, the related AMC/GM will also need to be changed
once the rule is amended. The proposed AMC/GM, as well as an explanation of the
changes made, can be found in CRD 2013-26.
2.5.3. Summary of the amendments to the current rules
2.5.3.1. Preservation and use of recordings

(a) It is proposed to amend the provisions of Part-CAT related to the preservation of the
flight recorder recordings by the flight crew and the aircraft operators.
(1) Subparagraph (a)(10) of CAT.GEN.MPA.105 is amended so that a distinction is
made between occurrences subject to a safety investigation (accidents, serious
incidents, and some incidents investigated by the safety investigation
authority) and occurrences that must simply be reported in accordance with
paragraph ORO.GEN.160 of Part-ORO. Indeed, since flight recorders are
identified in the Minimum Equipment List of aircraft required to carry them,
deactivating the flight recorders each time an occurrence subject to mandatory
reporting occurs can have a significant operational impact. There are many
more occurrences subject to mandatory reporting than accidents and serious
incidents. To address this issue, it is proposed that:
(i) occurrences subject to a safety investigation require taking all the
measures necessary to preserve the flight recorder recordings, in
accordance with Regulation (EU) No 996/2010;
(ii) other occurrences, which correspond to in-flight incidents and are much
more frequent, do not require quarantining the flight recorders.

2. Explanatory Note
Nevertheless, these occurrences are subject to mandatory reporting to the

competent authority according to ORO.GEN.160(a) and to Regulation (EU)
No 376/2014. Therefore, the recording of flight recorders shall not be
erased by the flight crew, as it could be useful for an internal incident
analysis or for reassessing the aircraft type airworthiness in accordance
with Commission Regulation (EU) No 748/2012;
(iii) since it may be difficult for the commander to determine quickly the
severity of an occurrence, references to the definitions of an accident and
a serious incident in Regulation (EU) No 996/2010 will be provided in a
new Guidance Material: GM1 CAT.GEN.MPA.105(a)(10); and
(iv) it is also proposed to amend the provision requiring that the commander
ensures that the flight recorders are not reactivated following an accident
or a serious incident until the investigation authority agrees with their
reactivation. The commander should only be responsible for ensuring that
instructions in the Operations Manual are complied with and that
precautionary measures are taken to preserve the recordings before
leaving the flight crew compartment (including informing the relevant
personnel). The operator is responsible for the subsequent actions.
(2) Subparagraph (a) of CAT.GEN.MPA.195 is modified so that the requirement on
the aircraft operator to preserve the flight recorder recordings is restricted to
accidents, serious incidents and incidents indicated by the investigation
authority. Preserving the flight recorder recording has operational
consequences and, depending on the mandatory occurrence reporting system in
place for CAT aircraft, there could be many more reportable occurrences than
those which are subject to an official safety investigation.
(b) Subparagraph (f)(1) of paragraph CAT.GEN.MPA.195 is reworded to require that if a
CVR recording is used for purposes other than investigation (by a safety investigation
authority, the competent authority or the administration of justice) and other than
for ensuring the CVR serviceability, then a procedure relating to the handling of the
CVR recordings and transcripts shall be in place in addition to the prior consent by
crew members and maintenance personnel concerned.
(c) It is proposed, as for Part-CAT, to amend the provisions of Part-NCC related to the
preservation and use of the flight recorder recordings by the flight crew and the
aircraft operators.
(1) Subparagraph (a)(9) of NCC.GEN.106 is amended so that a distinction is made
between occurrences subject to a safety investigation (accidents, serious
incidents and some incidents indicated by the safety investigation authority)
and occurrences that must simply be reported in accordance with a mandatory
occurrence reporting system, if any. It is also proposed to amend the provision
requiring that the commander ensures that the flight recorders are not
reactivated following an accident or a serious incident until the investigation
authority agrees with their reactivation.
(2) Subparagraph (a) of NCC.GEN.145 is modified so that the requirement on the
aircraft operator to preserve the flight recorder recordings is restricted to
consequences and, depending on the mandatory occurrence reporting system
in place for NCC aircraft, there could be many more reportable occurrences
than those which are subject to an official safety investigation.
(3) Subparagraph (f)(1) of NCC.GEN.145 is reworded to require that if a CVR
recording is used for purposes other than investigation by an authority and

2. Explanatory Note
handling of the CVR recordings and transcripts shall be in place in addition to

(d) It is proposed, as for Part-CAT and Part-NCC, to amend the provisions of Part-SPO
related to the preservation and use of the flight recorder recordings by the flight crew
and the aircraft operators.
(1) Subparagraph (a)(9) of SPO.GEN.107 is amended so that a distinction is made
between occurrences subject to a safety investigation (accidents, serious
incidents and some incidents indicated by the safety investigation authority)
and occurrences that must simply be reported in accordance with a mandatory
occurrence reporting system, if any. It is also proposed to amend the provision
requiring that the commander ensures that the flight recorders are not
reactivated following an accident or a serious incident until the investigation
authority agrees with their reactivation.
(2) Subparagraph (a) of SPO.GEN.145 is modified so that the requirement on the
aircraft operator to preserve the flight recorder recordings is restricted to
consequences and, depending on the mandatory occurrence reporting system
in place for SPO aircraft, there could be many more reportable occurrences
than those which are subject to an official safety investigation.
(3) Subparagraph (f)(1) of SPO.GEN.145 is reworded to require that if a CVR
recording is used for purposes other than investigation by an authority and
handling of the CVR recordings and transcripts shall be in place in addition to
2.5.3.2. Flight recorder performance (commercial air transport)

(a) It is proposed to amend CAT.IDE.A.185 (CVR on board an aeroplane operated for
commercial air transport) so that after 1 January 2019:
(1) a CVR using obsolete recording technologies such as frequency modulation,
magnetic wire or magnetic tape is not allowed anymore;
(2) the CVR must have a minimum recording duration of 2 hours; and
(3) for a newly manufactured aeroplane (first issued with an individual CofA on or
after 1 January 2020) with an MCTOM of over 27 000 kg, the CVR must have a
minimum recording duration of 20 hours.
(b) It is proposed to insert a provision in CAT.IDE.H.185 (CVR on board a helicopter
operated for commercial air transport), so that after 1 January 2019 obsolete
recording technologies such as frequency modulation, magnetic wire or magnetic
tape are not allowed anymore. However, the minimum recording duration of the CVR
installed on future helicopters is not increased because there are no known cases of
CVR overrun with a helicopter.
(c) It is proposed to modify the requirement of a ULD for the FDR, the CVR and the data
link recorder (if applicable) carried on board an aeroplane operated for commercial
air transport, so that:
(1) a ULD is only required when the flight recorder is fixed (i.e. it is not a
deployable flight recorder), and
(2) the ULD must have a minimum underwater transmission time of 90 days by
1 January 2018.
The affected paragraphs are CAT.IDE.A.185, CAT.IDE.A.190 and CAT.IDE.A.195.

2. Explanatory Note
(d) It is proposed to modify the requirement of a ULD for the FDR, the CVR and the data
link recorder (if applicable) carried on board a helicopter operated for commercial air
transport, so that:
1 January 2020.
The affected paragraphs are CAT.IDE.H.185, CAT.IDE.H.190 and CAT.IDE.H.195.
2.5.3.3. Flight over water

(a) It is proposed to insert a subparagraph (f) into CAT.IDE.A.285 (Flight over water with
an aeroplane operated for commercial air transport) to require that aeroplanes with
an MCTOM of over 27 000 kg are, not later than 1 January 2019, equipped with an
8.8 kHz ULD (ULD with a very long detection range). There are two alleviations to
this requirement:
(1) When the aeroplane is operated over routes that do not go further than 180 NM
from a shore, meaning that the aeroplane does not fly over oceanic areas; or
(2) When the aeroplane is equipped with an automatic means to determine,
following an accident where the aircraft is severely damaged, the location of the
point of end of flight with 6 NM accuracy. With such an accuracy, the
underwater search zone would have an area that does not justify the fitment of
an 8.8 kHz ULD because it could be covered within a few days by underwater
search means.
(b) This new subparagraph (f) of CAT.IDE.A.285 will be completed with AMC and GM.
2.5.3.4. Flight recorder performance (other than commercial air transport)

(a) It is proposed to amend NCC.IDE.A.160 (CVR on board an aeroplane operated for
non-commercial operations) and SPO.IDE.A.140 (CVR on board an aeroplane
operated for specialised operations) to require that in the case of an aeroplane first
issued with an individual CofA on or after 1 January 2020 and with an MCTOM of over
27 000 kg, the CVR has a minimum recording duration of 20 hours.
(b) It is proposed to modify the requirement of a ULD for the FDR, the CVR and the data
link recorder (if applicable) in Part-NCC and Part-SPO, so that:
1 January 2020.
The affected paragraphs are NCC.IDE.A.160, NCC.IDE.A.165, NCC.IDE.A.170,
NCC.IDE.H.160, NCC.IDE.H.165, NCC.IDE.H.170, SPO.IDE.A.140, SPO.IDE.A.145,
SPO.IDE.A.150, SPO.IDE.H.140, SPO.IDE.H.145 and SPO.IDE.H.150.
Done at Cologne, on 5 May 2014.
Patrick KY
Executive Director

3. References
3. References
3.1. Affected regulations

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical
requirements and administrative procedures related to Air Operations pursuant to
Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296,
25.10.2012, p. 1)
3.2. Reference documents

ICAO Annex 6 Part I, Part II and Part III


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European Aviation Safety Agency Rulemaking Directorate

Amendment of requirements for flight recorders

Applicability Process map

Affected Annexes IV, VI and VIII to Commission Concept Paper: No

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

1. Procedural information ................................................................................................. 3

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

1.1. The rule development procedure

1.2. The structure of this Opinion and related documents

1.3. The next steps in the procedure

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

2.1. Issues to be addressed

2.3. Outcome of the consultation

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

2.4. Summary of the Regulatory Impact Assessment

2.4.1. Preferred options

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

Table 1 Summary of impacts of the preferred options

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

2.5. Overview of the proposed amendments

2.5.1. Main differences with the amendments proposed by NPA 2013-26

2.5.2. Other differences with the amendments proposed by NPA 2013-26

(a) Subparagraph (f)(1) of paragraph CAT.GEN.MPA.195 has been reworded to require

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

2.5.3. Summary of the amendments to the current rules

2.5.3.1. Preservation and use of recordings

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

Nevertheless, these occurrences are subject to mandatory reporting to the

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

handling of the CVR recordings and transcripts shall be in place in addition to

2.5.3.2. Flight recorder performance (commercial air transport)

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

2.5.3.3. Flight over water

2.5.3.4. Flight recorder performance (other than commercial air transport)

Done at Cologne, on 5 May 2014.

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

3.1. Affected regulations

3.2. Reference documents

TE.RPRO.00036-002 European Aviation Safety Agency. All rights reserved.

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