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RULES AND REGULATIONS

8090
takeoff weight which are certificated for operations above 25,000 feet altitude.
The regulations further require that the flight recorders shall be operating con tinuously during flight time.
In promulgating this regulation, the period of time for retention of the re corder tapes was not included in the rule as it was assumed that air carriers would retain these records for a sufficient length of time for the investigation of accidents and incidents which may have occurred during the time of flight. The tapes also can furnish information to the operator concerning performance and operation of these airplane types for which there does not exist a sub stantial amount of operational experi ence.
In view of the importance of the in formation obtained from flight record ers, and since there may be some ques tion as to the length of time that such tape recordings should be maintained by the air carriers, the Federal Aviation Agency believes that a clarification of the rule is needed.
As stated above, 40.208 requires that the flight recorders shall be operating continuously during flight time. It was the intent of this regulation to require the operation of the recorder only during flight and not during taxi operation to and from the runway. Therefore, in or der to clarify this point, the word time is being deleted from this phrase since flight time has been defined as block-toblock time. In deleting the word time, it is intended that the flight recorder must be in full operating condition at the instant the aircraft starts its takeoff roll and be in continuous operation dur ing the flight and until the aircraft has completed its landing at an airport.
Accordingly, 40.208 is being amended to clarify theses matters. Similar amend ments are being made concurrently to Parts 41 and 42 of the Civil Air Regula tions to provide identical rules for the types of air carrier operations covered by those parts.
/ Inasmuch as this amendment is a clarification of the present requirements and imposes no, or very little additional burden on any person, compliance with the notice and public procedure provi sions of section 4 of the Administrative Procedure Act is unnecessary.
In consideration of the foregoing, 40.208 of the Civil Air Regulations 14
CFR Part 40 is hereby amended as fol lows to become effective November 6, 1959:

Secs. 3 1 3 a , 601, 604, 72 Stat. 752, 775, 778;
49 U.S.C. 1354, 1421, 1424

Issued in Washington, D.C., on Sep tember 30, 1959.
E. R. Q u e s a d a , Administrator.
F J l.

Doc.

59-8395; Filed, 8:45 a.m.

Oct.

6,
1959;

Reg. Docket No. 146; Amdt. 41-27

p a r t 41 c e r t if ic a t io n a n d o p
e r a t io n RULES FOR SCHEDULED

AIR CARRIER OPERATIONS OUT
SIDE THE CONTINENTAL LIMITS OF
THE UNITED STATES
Retention of Flight Recorder Tapes and Clarification of Period the Flight Recorder Shall Be in Opera tion
Section 41.25 t of the Civil Air Regu lations requires the installation of flight recorders on all airplanes of more than 12,500 pounds maximum certificated takeoff weight which are certificated for operations above 25,000 feet altitude.
The regulations further require that the flight recorders shall be operating con tinuously during flight time.
In promulgating this regulation, the period of time for retention of the re corder tapes was not included in the rule as it was assumed that air carriers would retain these records for a sufficient length of time for the investigation of accidents and incidents which may have occurred during the time of flight. The tapes also can furnish information to the operator concerning performance and operation of these airplane types for which there does not exist a substantial amount of operational experience.
In view of the importance of the infor mation obtained from the flight re corders, and since there may be some question as to the length of time that such tape recordings should be main tained by the air carriers, the Federal Aviation Agency believes that a clarifi cation of the rule is needed.
As stated above, 41.25 t requires that the-flight recorders shall be operat ing continuously during flight time. It was the intent of this regulation to re quire the operation of the recorder only during flight and not during taxi opera tion to and from the runway. Therefore, in order to clarify this point, the word time is being deleted from this phrase 40.208 Flight recorders, since flight time has been defined as In deleting the A flight recorder which records time, block-to-block time.
airspeed, altitude, vertical acceleration, word time, it is intended that the flight and heading shall be installed on all air recorder must be in full operating condi planes of more than 12,50Q pounds maxi tion at the instant the aircraft starts its mum certificated takeoff weight which takeoff roll and be in continuous opera are certificated for operations above tion during the flight and until the air 25,000 feet altitude, and shall be operat c ra ft has completed its landing at an ing continuously during flight. The re Airport.
Accordingly, 41.25C
is being corded information shall be retained by the air carrier for a period of at least 60 amended to clarify these matters. Simi days. For a particular flight or series of lar amendments are being made concur flights, the information shall be retained rently to Parts 40 and 42 of the Civil Air for a longer period if requested by an Regulations to provide identical rules authorized representative, of the Admin for the types of air carrier operations istrator or the Civil Aeronautics Board. covered by those parife.

Inasmuch as this amendment is a clar ification of the present requirements and imposes no, or very little additional bur den on any person, compliance with the notice and public procedure provisions of section 4 of the Administrative Pro cedure Act is unnecessary.
In consideration of the foregoing, 41.25 t of the Civil Air Regulations 14
CFR Part 41 is hereby amended as fol lows to become effective November 6, 1959:
41.25 Instruments a n d equipment required fo r continuance o f flight.

t An approved flight recorder which records time, air speed, altitude, vertical acceleration, and heading shall be in stalled on all airplanes of more than 12,500 pounds maximum certificated takeoff weight which are certificated for operations above 25,000 feet altitude, and shall be operating continuously dur ing flight; except that, in the event of failures of such recorder, the airplane may continue flight to the next stop where repairs or replacements can be made. The recorded information from the flight recorder shall be retained by the air carrier for a period of at least 60 days. For a particular flight or series of flights, the information shall be re tained for a longer period if requested by an authorized representative of the Administrator or the Civil Aeronautics Board.
Sacs. 313a, 601, 604, 72 Stat. 752, 775, 778;
49 U.S.C. 1354, 1421, 1424

Issued in Washington, D.C., on Sep tember 30,1959.
E. R. Q u e s a d a , Administrator.
F.R.

Doc.

59-8396; Filed, 8:45 a.m.

Oct.

6,
1959;

Rag. Docket No. 147; Amdt. No. 42-21

PART 42 IRREGULAR AIR CARRIER
AND OFF ROUTE RULES

Retention of Flight Recorder Tapes and Clarification of Period the Flight Recorder Shall be in Opera tion Section 42.22c of the Civil Air Regu lations requires the installation of flight recorders on all airplanes of more than 12,500 pounds maximum certificated takeoff weight which are certificated for operations above 25,000 feet altitude.
The regulations further require that the flight recorders shall be operating con tinuously during flight time.
In promulgating this regulation, the period of time for retention of the re corder tapes was not included in the rule as it was assumed that air carriers w o u l d retain these records for a s u f f i c i e n t length of time for the investigation of accidents and incidents which may have occurred during the time of flight. The tapes also can furnish information to the operator concerning performance and operation of these airplane types for which there does not exist a substan tial amount of operational experience.