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. 

155 

Federal Aviation Administration, DOT 

§ 121.363 

(i) By April 7, 2012, all turbine en-

gine-powered airplanes subject to this 
section that are manufactured before 
April 7, 2010, must have a cockpit voice 
recorder installed that also— 

(1) Meets the requirements of 

§ 23.1457(d)(6) or § 25.1457(d)(6) of this 
chapter, as applicable; 

(2) Retains at least the last 2 hours of 

recorded information using a recorder 
that meets the standards of TSO–C123a, 
or later revision; and 

(3) Is operated continuously from the 

use of the checklist before the flight to 
completion of the final checklist at the 
end of the flight. 

(4) If transport category, meets the 

requirements in § 25.1457(a)(3), (a)(4), 
and (a)(5) of this chapter. 

(j) All turbine engine-powered air-

planes subject to this section that are 
manufactured on or after April 7, 2010, 
must have a cockpit voice recorder in-
stalled that also— 

(1) Is installed in accordance with the 

requirements of § 23.1457 (except for 
paragraph (a)(6) or § 25.1457 (except for 
paragraph (a)(6)) of this chapter, as ap-
plicable; 

(2) Retains at least the last 2 hours of 

recorded information using a recorder 
that meets the standards of TSO–C123a, 
or later revision; and 

(3) Is operated continuously from the 

use of the checklist before the flight to 
completion of the final checklist at the 
end of the flight. 

(4) For all airplanes manufactured on 

or after December 6, 2010, also meets 
the requirements of § 23.1457(a)(6) or 
§ 25.1457(a)(6) of this chapter, as appli-
cable. 

(k) All airplanes required by this part 

to have a cockpit voice recorder and a 
flight data recorder, that install 
datalink communication equipment on 
or after December 6, 2010, must record 
all datalink messages as required by 
the certification rule applicable to the 
airplane. 

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964] 

E

DITORIAL

N

OTE

: For F

EDERAL

R

EGISTER

ci-

tations affecting § 121.359, see the List of CFR 
Sections Affected, which appears in the 
Finding Aids section of the printed volume 
and at 

www.govinfo.gov. 

§ 121.360 [Reserved] 

Subpart L—Maintenance, Preven-

tive Maintenance, and Alter-
ations 

S

OURCE

: Docket No. 6258, 29 FR 19210, Dec. 

31, 1964, unless otherwise noted. 

§ 121.361 Applicability. 

(a) Except as provided by paragraph 

(b) of this section, this subpart pre-
scribes requirements for maintenance, 
preventive maintenance, and alter-
ations for all certificate holders. 

(b) The Administrator may amend a 

certificate holder’s operations speci-
fications to permit deviation from 
those provisions of this subpart that 
would prevent the return to service and 
use of airframe components, power-
plants, appliances, and spare parts 
thereof because those items have been 
maintained, altered, or inspected by 
persons employed outside the United 
States who do not hold U.S. airman 
certificates. Each certificate holder 
who uses parts under this deviation 
must provide for surveillance of facili-
ties and practices to assure that all 
work performed on these parts is ac-
complished in accordance with the cer-
tificate holder’s manual. 

[Doc. No. 8754, 33 FR 14406, Sept. 25, 1968] 

§ 121.363 Responsibility for airworthi-

ness. 

(a) Each certificate holder is pri-

marily responsible for— 

(1) The airworthiness of its aircraft, 

including airframes, aircraft engines, 
propellers, appliances, and parts there-
of; and 

(2) The performance of the mainte-

nance, preventive maintenance, and al-
teration of its aircraft, including air-
frames, aircraft engines, propellers, ap-
pliances, emergency equipment, and 
parts thereof, in accordance with its 
manual and the regulations of this 
chapter. 

(b) A certificate holder may make ar-

rangements with another person for 
the performance of any maintenance, 
preventive maintenance, or alter-
ations. However, this does not relieve