The FAA has issued an information for operators (InFo 24003) document to remind Part 135 air taxi and commuter operators of the flight data recorder (FDR) equipage requirements specific to passenger seating configuration. “Recent inquiries to the FAA aircraft maintenance division has revealed confusion related to seating configurations and FDR installations,” according to the InFo.

Under Part 135.152 multi-engine, turbine airplanes and rotorcraft having a “passenger seating configuration” of 10 to 30 passenger seats must be equipped with an FDR that retains no fewer than 25 hours of aircraft operation.

A 2008 FAA legal interpretation found Part 135.152 means “the actual number of seats installed.” That seating cannot be reduced by “placard, blocking seats or removing seat belts” to avoid the applicability of the regulation. “Any supplemental type certificate that does not physically remove seats to a specified number of installed seats with the intent to meet an operating rule will not relieve the operator from any applicable operating rule,” clarifies the InFo.

The InFo advises operators’ directors of maintenance (DOM) to review their aircraft seating configurations to verify compliance with Part 135.152. “When DOMs evaluate the aircraft seating configuration and FDR parameters being recorded, they must, per Part 135.152(j), pay attention to the aircraft date of manufacture and the date when it was added to Operations Specifications.” Part 135.152(j) pertains to aircraft manufactured after Aug. 19, 2002.