153
Federal Aviation Administration, DOT
§ 121.358
weather radar, may reasonably be ex-
pected along the route to be flown, un-
less the airborne weather radar equip-
ment is in satisfactory operating con-
dition.
(2) If the airborne weather radar be-
comes inoperative en route, the air-
plane must be operated in accordance
with the approved instructions and
procedures specified in the operations
manual for such an event.
(d) This section does not apply to air-
planes used solely within the State of
Hawaii or within the State of Alaska
and that part of Canada west of lon-
gitude 130 degrees W, between latitude
70 degrees N, and latitude 53 degrees N,
or during any training, test, or ferry
flight.
(e) Notwithstanding any other provi-
sion of this chapter, an alternate elec-
trical power supply is not required for
airborne weather radar equipment.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
amended by Amdt. 121–18, 31 FR 5825, Apr. 15,
1966; Amdt. 121–130, 41 FR 47229, Oct. 28, 1976;
Amdt. 121–251, 60 FR 65932, Dec. 20, 1995]
§ 121.358 Low-altitude windshear sys-
tem equipment requirements.
(a)
Airplanes manufactured after Janu-
ary 2, 1991.
No person may operate a
turbine-powered airplane manufac-
tured after January 2, 1991, unless it is
equipped with either an approved air-
borne windshear warning and flight
guidance system, an approved airborne
detection and avoidance system, or an
approved combination of these sys-
tems.
(b)
Airplanes manufactured before Jan-
uary 3, 1991.
Except as provided in para-
graph (c) of this section, after January
2, 1991, no person may operate a tur-
bine-powered airplane manufactured
before January 3, 1991 unless it meets
one of the following requirements as
applicable.
(1) The makes/models/series listed
below must be equipped with either an
approved airborne windshear warning
and flight guidance system, an ap-
proved airborne detection and avoid-
ance system, or an approved combina-
tion of these systems:
(i) A–300–600;
(ii) A–310—all series;
(iii) A–320—all series;
(iv) B–737–300, 400, and 500 series;
(v) B–747–400;
(vi) B–757—all series;
(vii) B–767—all series;
(viii) F–100—all series;
(ix) MD–11—all series; and
(x) MD–80 series equipped with an
EFIS and Honeywell-970 digital flight
guidance computer.
(2) All other turbine-powered air-
planes not listed above must be
equipped with as a minimum require-
ment, an approved airborne windshear
warning system. These airplanes may
be equipped with an approved airborne
windshear detection and avoidance sys-
tem, or an approved combination of
these systems.
(c)
Extension of the compliance date.
A
certificate holder may obtain an exten-
sion of the compliance date in para-
graph (b) of this section if it obtains
FAA approval of a retrofit schedule. To
obtain approval of a retrofit schedule
and show continued compliance with
that schedule, a certificate holder must
do the following:
(1) Submit a request for approval of a
retrofit schedule by June 1, 1990, to the
appropriate Flight Standards division
manager in the responsible Flight
Standards office.
(2) Show that all of the certificate
holder’s airplanes required to be
equipped in accordance with this sec-
tion will be equipped by the final com-
pliance date established for TCAS II
retrofit.
(3) Comply with its retrofit schedule
and submit status reports containing
information acceptable to the Adminis-
trator. The initial report must be sub-
mitted by January 2, 1991, and subse-
quent reports must be submitted every
six months thereafter until completion
of the schedule. The reports must be
submitted to the certificate holder’s
assigned Principal Avionics Inspector.
(d)
Definitions.
For the purposes of
this section the following definitions
apply—
(1)
Turbine-powered airplane
includes,
e.g., turbofan-, turbojet-, propfan-, and
ultra-high bypass fan-powered air-
planes. The definition specifically ex-
cludes turbopropeller-powered air-
planes.
154
14 CFR Ch. I (1–1–24 Edition)
§ 121.359
(2) An airplane is considered manu-
factured on the date the inspection ac-
ceptance records reflect that the air-
plane is complete and meets the FAA
Approved Type Design data.
[Doc. No. 25954, 55 FR 13242, Apr. 9, 1990, as
amended by Docket FAA–2018–0119, Amdt.
121–380, 83 FR 9173, Mar. 5, 2018]
§ 121.359 Cockpit voice recorders.
(a) No certificate holder may operate
a large turbine engine powered airplane
or a large pressurized airplane with
four reciprocating engines unless an
approved cockpit voice recorder is in-
stalled in that airplane and is operated
continuously from the start of the use
of the checklist (before starting en-
gines for the purpose of flight), to com-
pletion of the final checklist at the ter-
mination of the flight.
(b) [Reserved]
(c) The cockpit voice recorder re-
quired by paragraph (a) of this section
must meet the following application
standards:
(1) The requirements of part 25 of this
chapter in affect on August 31, 1977.
(2) After September 1, 1980, each re-
corder container must—
(i) Be either bright orange or bright
yellow;
(ii) Have reflective tape affixed to the
external surface to facilitate its loca-
tion under water; and
(iii) Have an approved underwater lo-
cating device on or adjacent to the con-
tainer which is secured in such a man-
ner that they are not likely to be sepa-
rated during crash impact, unless the
cockpit voice recorder, and the flight
recorder required by § 121.343, are in-
stalled adjacent to each other in such a
manner that they are not likely to be
separated during crash impact.
(d) No person may operate a multien-
gine, turbine-powered airplane having
a passenger seat configuration of 10–19
seats unless it is equipped with an ap-
proved cockpit voice recorder that:
(1) Is installed in compliance with
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g); or
§ 25.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g) of this chap-
ter, as applicable; and
(2) Is operated continuously from the
use of the checklist before the flight to
completion of the final checklist at the
end of the flight.
(e) No person may operate a multien-
gine, turbine-powered airplane having
a passenger seat configuration of 20 to
30 seats unless it is equipped with an
approved cockpit voice recorder that—
(1) Is installed in accordance with the
requirements of § 23.1457 (except para-
graphs (a)(6), (d)(1)(ii), (4), and (5)) or
§ 25.1457 (except paragraphs (a)(6),
(d)(1)(ii), (4), and (5)) of this chapter, as
applicable; and
(2) Is operated continuously from the
use of the checklist before the flight to
completion of the final checklist at the
end of the flight.
(f) In complying with this section, an
approved cockpit voice recorder having
an erasure feature may be used, so that
at any time during the operation of the
recorder, information recorded more
than 30 minutes earlier may be erased
or otherwise obliterated.
(g) For those aircraft equipped to
record the uninterrupted audio signals
received by a boom or a mask micro-
phone, the flight crewmembers are re-
quired to use the boom microphone
below 18,000 feet mean sea level. No
person may operate a large turbine en-
gine powered airplane or a large pres-
surized airplane with four recipro-
cating engines manufactured after Oc-
tober 11, 1991, or on which a cockpit
voice recorder has been installed after
October 11, 1991, unless it is equipped to
record the uninterrupted audio signal
received by a boom or mask micro-
phone in accordance with § 25.1457(c)(5)
of this chapter.
(h) In the event of an accident or oc-
currence requiring immediate notifica-
tion of the National Transportation
Safety Board under 49 CFR part 830 of
its regulations, which results in the
termination of the flight, the certifi-
cate holder shall keep the recorded in-
formation for at least 60 days or, if re-
quested by the Administrator or the
Board, for a longer period. Information
obtained from the record is used to as-
sist in determining the cause of acci-
dents or occurrences in connection
with investigations under 49 CFR part
830. The Administrator does not use the
record in any civil penalty or certifi-
cate action.