[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Pages 42109-42117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14814]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125, and 135

[Docket No. FAA-2022-0912; Notice No. 22-04]
RIN 2120-AL36


Updating Manual Requirements To Accommodate Technology

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to update its manual requirements to reflect 
industry use of electronic and paper manuals. The amendments would 
apply to fractional ownership operations; domestic, flag, and 
supplemental operations; rules governing the operations of U.S.-
registered civil airplanes which have a seating configuration of 20 or 
more passengers or a maximum payload capacity of 6,000 pounds or more 
when common carriage is not involved; and commuter and on-demand 
operations. The proposed action would require manuals accessed in paper 
format to display the date of last revision on each page, and require 
manuals accessed in electronic format to display the date of last 
revision in a manner in which a person can immediately ascertain it. 
This action would also revise the requirement for program managers or 
certificate holders to carry appropriate parts of the manual aboard 
airplanes during operations. This proposed rule would instead require 
program managers or certificate holders ensure the appropriate parts of 
the manual are accessible to flight, ground, and maintenance personnel 
when such personnel are performing their assigned duties. Lastly, the 
proposed rule would update outdated language that refers to accessing 
information in manuals kept in microfiche. The FAA proposes to remove 
this outdated language and simply require that all manual information 
and instructions be displayed clearly and be retrievable in the English 
language.

DATES: Send comments on or before September 12, 2022.

ADDRESSES: Send comments identified by docket number FAA-2022-0912 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sandra Ray, Voluntary Programs and 
Rulemaking Section, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591, telephone (412) 329-3088; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    This rulemaking proposes several amendments in title 14, Code of 
Federal Regulations (14 CFR), parts 91 subpart K (part 91K), 121, 125, 
and 135 that would remove certain prescriptive manual requirements for 
certificate holders. First, this proposed rulemaking would amend 
Sec. Sec.  91.1025, 121.135, 125.73, and 135.23 to remove the 
requirement to have the date of last revision on each page concerned as 
it applies to operators using electronic manuals. Further, this 
proposed rule would add a separate requirement to allow certificate 
holders using electronic manuals flexibility in displaying the date of 
last revision, while maintaining the existing requirement for 
certificate holders with paper manuals.
    In addition, this rulemaking proposes clarifying in Sec. Sec.  
91.1023, 121.139, and 135.21 that appropriate parts of the manual must 
be accessible on each aircraft when away from their principal base of 
operations, in lieu of indicating that manuals must exist in any 
particular format. This rulemaking would provide certificate holders 
flexibility regarding how their flight, ground, and maintenance 
personnel access electronic manuals, and to obtain information in a 
manner that reflects current technological capabilities.\1\
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    \1\ Other regulations, such as 14 CFR 91.9, contain language 
that does not preclude referring to or carrying manuals that exist 
in an electronic format. This proposed rule does not address such 
regulations.
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    Lastly, this rulemaking proposes amendments in Sec. Sec.  91.1023, 
121.139, 125.71, and 135.21 to update language that requires 
certificate holders accessing manuals in ``other than printed form,'' 
ensure there is a ``compatible reading device available to those 
persons that provides a legible image'' or ``a system that is able to 
retrieve the maintenance information and instructions in the English 
language.'' The FAA proposes to replace this outdated language with a 
requirement that all manual information and instructions be displayed 
clearly and be retrievable in the English language.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
title 49 of the United States Code (U.S.C.). Subtitle I, section 106 
describes the authority of the FAA Administrator. Section 106(f) vests 
final authority in the Administrator for carrying out all functions, 
powers, and duties of the Administrator relating to the promulgation of 
regulations and rules.
    Subtitle VII, Aviation Programs, describes in detail the scope of 
the Agency's authority. Section 44701(a)(5) requires the Administrator 
to promulgate regulations and minimum standards for other practices, 
methods, and procedures necessary for safety in air commerce and 
national security. In addition, 49 U.S.C. 44701(d)(1)(A) specifically 
states the Administrator, when prescribing safety regulations, must 
consider the duty of an air carrier to provide service with the highest 
possible degree of safety in the public interest. Such authority 
applies to the oversight the FAA exercises to ensure safety of aviation 
operations, including

[[Page 42110]]

review of manual information and instructions.

III. Background

    FAA regulations require operators subject to parts 91K, 121, 125, 
or 135 to prepare and keep current operations manuals for use and 
guidance of flight, ground operations, and management personnel. These 
manuals must contain specific information about operations and must 
include the names of management personnel; copies of operations 
specifications; and many procedures for weight and balance 
calculations, accident notifications, airworthiness determinations, 
reporting mechanical irregularities, maintenance, and refueling.\2\ 
Manuals ensure appropriate employees and contractors providing service 
for an operator are aware of the necessary steps for operating, moving, 
and servicing an aircraft in a safe manner.
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    \2\ See 14 CFR 91.1025, 121.135, 125.73, 135.23.
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    Operators currently use electronic and internet-based technology to 
provide their flight, ground, and maintenance personnel with access to 
the manuals in a variety of formats, including electronic flight bags 
(EFB) and portable electronic devices (PED). Such technology has caused 
many operators to rely on manuals in electronic format, rather than 
accessing paper manuals.
    Current manual requirements in applicable FAA regulations do not 
appropriately accommodate the use of electronic manuals. For example, 
the requirement that each page in a manual display the date it was last 
revised creates unnecessary barriers for operators that use electronic 
manuals. Specifically, electronic manuals in formats including 
Extensible Markup Language (XML) or Hypertext Markup Language (HTML) 
are not always paginated, making it unclear how to comply with this 
requirement.
    Further, the requirement that some certificate holders ``carry'' 
appropriate parts of the manual on each aircraft when away from their 
principal base of operations does not reflect current technology. The 
FAA established this requirement when operators were only able to carry 
those manuals aboard airplanes to be used by personnel at out 
stations.\3\ Prior to the advent of electronic manuals and the 
internet, the requirement to carry physically the ground servicing and 
maintenance parts of the manual aboard an airplane was necessary to 
ensure the manual was available to personnel at out stations or other 
locations away from the certificate holder's principal base of 
operations. Those personnel at out stations did not always have their 
own manuals, or access to necessary manuals, so they relied on the 
airplane to carry the manuals to them. Technological advancements have 
now rendered this prescriptive requirement unnecessary because 
accessing electronic manuals is significantly easier for flight, 
ground, and maintenance personnel.
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    \3\ See discussion in section IV.B. of this preamble.
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    Lastly, the language that requires operators accessing manuals in 
``other than printed form,'' to ensure there is a ``compatible reading 
device available to those persons that provides a legible image'' or 
``a system that is able to retrieve the maintenance information and 
instructions in the English language'' is outdated. The FAA promulgated 
this text during an era when certificate holders used microfiche 
technology to store and read manual information. Overall, the existing 
requirements do not reflect current technology.

IV. Discussion of the Proposed Rule

A. Date of Revision Display: Sec. Sec.  91.1025, 121.135, 125.73, and 
135.23

Current Requirement
    In addition to requirements to establish manuals and have them 
contain specific information, FAA regulations also require manuals to 
remain up-to-date. Sections 91.1025, 121.135, 125.73, and 135.23 
require each manual to display the date it was last revised on the 
revised page. The FAA established this requirement when operators used 
paper manuals; as a result, the requirement does not accommodate 
electronic manuals, which may not have traditional pages.
    Including revision dates on each page is a means of ensuring 
flightcrew members and inspectors have current information pertinent to 
operations. When utilizing paper manuals, the only method to verify 
that the manual is current is to look at the revision date on each 
page. With electronic manuals, however, operators can efficiently 
provide updates to a manual, and personnel can access the most recent 
manual in real time via a web portal. Personnel and inspectors may be 
able to identify the revision date of the manual on an electronic 
device using the date the manual was last downloaded or the date the 
manual was last accessed through a web portal.
    Operators conducting operations under parts 91K, 121, 125, or 135 
are currently permitted to use manuals that are in electronic or paper 
format. The FAA has approved the use of electronic manuals for these 
operators through the use of Operation Specification (OpSpec) A025 or 
Management Specification (MSpec) MA025.\4\ For example, the FAA has 
issued eight part 91K operators MSpec MA025 for electronic signatures, 
electronic recordkeeping systems and electronic manual systems.\5\ In 
addition, the FAA is aware that certificate holders operating under 
part 121 currently provide their flightcrew members with access to the 
manual in a variety of formats, including EFBs \6\ and PEDs.\7\ At 
least 58 part 121 operators have authorization under OpSpec A025 for 
the use of electronic manuals.\8\ Further, the FAA has issued 27 part 
125 certificate holders and A125 letter of deviation authority (LODA) 
holders an OpSpec A025 to allow the use of electronic signatures, 
electronic recordkeeping systems, and electronic manual systems.\9\ 
Moreover, the FAA has issued at least 471 part 135 certificate holders 
an OpSpec A025 for the use of electronic manuals.\10\
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    \4\ Operation Specification A025 and Management Specification 
MA025 provide a table for listing the Master Manual containing an 
electronic manual system description and list of electronic manuals, 
as applicable. In addition, the table provides a place to record the 
date of the latest manual revision and revision number. OpSpec A025 
and MSpec MA025 states the electronic manual system will be used to 
maintain, distribute, and make available the certificate holders 
manual in accordance with the applicable rule(s) of parts 91K, 125, 
or 135.
    \5\ FAA Safety Performance Analysis System SPAS (release 
2.41.161).
    \6\ Advisory Circular 120-76D (Oct. 27, 2017) describes an EFB 
as ``any device, or combination of devices, actively displaying EFB 
applications'' and EFB applications as ``generally replacing 
conventional paper products and tools, traditionally carried in the 
pilot's flight bag. EFB applications include natural extensions of 
traditional flight bag contents, such as replacing paper copies of 
weather with access to near-real-time weather information.'' This 
document can be accessed at https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1032166.
    \7\ A portable electronic device refers to a cellular phone, 
laptop, tablet, or other portable electronic device on which the 
manual can be downloaded or accessed via the internet. Advisory 
Circular 120-76D (Oct. 27, 2017) describes these devices as 
``consumer commercial off-the-shelf (COTS) electronic devices 
functionally capable of communications, data processing, and or/
utility[.]'' This document can be accessed at https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1032166.
    \8\ FAA Web-based Operations Safety System, accessed on Nov. 3, 
2020.
    \9\ FAA Safety Performance Analysis System (release 2.41.161).
    \10\ FAA Web-based Operations Safety System, accessed on Nov. 3, 
2020.
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    As previously mentioned, the FAA promulgated the requirement to 
display the revision date on each revised page of the manual when 
manuals were not available in electronic form. The current requirement 
does not contemplate the developments in technology, which have 
provided operators with options

[[Page 42111]]

for various electronic formats for manuals. This proposed rule would 
ensure operators that operate under the current inaccurate revision 
display date requirement, and that may use manuals in electronic 
formats, such as XML or HTML, are able to comply easily with the 
requirement to display a revision date, in a manner that is consistent 
with updated manual display technology.
    The introductory paragraphs of Sec. Sec.  91.1025, 125.73, and 
135.23 set forth the requirement that manuals have the date of the last 
revision on each revised page. Section 121.135(a)(3) contains similar 
language, requiring the manual to ``have the date of last revision on 
each page concerned.'' The date of revision display for all four 
sections does not reflect use of manuals in an electronic format that 
does not have traditional pages.
    For years, the air carrier industry has recommended updates to 
Sec.  121.135(a)(3). In 2017, the FAA tasked the Aviation Rulemaking 
Advisory Committee (ARAC) to consider (1) recommendations on existing 
regulations that are good candidates for repeal, replacement, or 
modification and (2) recommendations on regulatory action identified in 
FAA's regulatory agenda. The ARAC working group provided the FAA a 
report, (ARAC Input to Support Regulatory Reform of Aviation 
Regulations), that characterized the requirement in Sec.  121.135(a)(3) 
as ``outdated, unnecessary or ineffective.'' The ARAC Input to Support 
Regulatory Reform of Aviation Regulations report recommended removing 
the requirement to have a date of last revision on each page, because 
no page numbers exist in electronic documents formatted in XML or HTML, 
which are the two main formats used in electronic manuals.\11\
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    \11\ ARAC Input to Support Regulatory Reform of Aviation 
Regulations-ARAC Addendum Report, 82 FR 19783 (Sep. 12, 2017), p. 
81. This document is available at https://www.faa.gov/regulations_policies/rulemaking/committees/documents/media/Phase%202%20Report_Final%20Recommendations_Post%20ARAC%20Mt_Sept%2018%20(1).pdf.
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    In addition to input on the ARAC Input to Support Regulatory Reform 
of Aviation Regulations report, at least one major air carrier has 
petitioned for, and received, an exemption to permit use of electronic 
digital technology to display the revision date in lieu of having the 
last revision date on each page of the manual.\12\ In granting the 
exemption, the FAA determined the electronic retrieval of technical 
data improved data accessibility, quality control, and speed of 
distribution, which could result in enhanced safety and rapid access to 
data. The FAA also acknowledged that traditional printed pages may not 
always exist within an electronic system, and that other acceptable 
means are available to determine the revision status. The FAA 
determined under 49 U.S.C. 44701(f) that granting an exemption from the 
requirement of Sec.  121.135(a) was in the public interest. The FAA 
also stated in the exemption that it intended to clarify the 
requirement in a future rulemaking.
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    \12\ See the following FAA grant of petition for exemption: 
Docket No. FAA-2000-8525. This exemption is available at https://www.regulations.gov.
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Proposed Rule Amendments
    As previously discussed, Sec. Sec.  91.1025, 125.73, and 135.23 
have introductory paragraphs that require manuals to have the date of 
the last revision on each page. The FAA proposes amending these 
introductory paragraphs to state that each manual accessed in paper 
format must display the date of last revision on each page and that 
each manual accessed in electronic format must display the date of last 
revision in a manner in which a person can immediately ascertain it. 
The FAA proposes similar revisions to Sec.  121.135, as it contains the 
same language requiring manuals have the date of last revision on each 
page revised. In this regard, the FAA proposes to revise Sec.  
121.135(a) such that it includes the same regulatory text as it 
proposes to add to the other regulatory sections as discussed above. 
This proposed rule would also remove Sec.  121.135(a)(3) because it 
contains the requirement to ``have the date of last revision on each 
page concerned,'' which would be duplicative of the proposed language 
in Sec.  121.135(a). As a result, this proposed rule would designate 
Sec.  121.135(a)(4) as Sec.  121.135(a)(3).
    The FAA recognizes that manuals may be divided into many parts, 
some of which may be available in paper form and some in electronic 
form. The FAA does not propose to include language describing this in 
the regulatory text. This proposed rule would require that, if a manual 
is divided into parts, the date of last revision for each part must be 
immediately available in either paper form or electronic form, as 
applicable.
    Allowing flexibility in displaying the date of last revision for an 
electronic manual is consistent with applicable safety standards that 
apply to the FAA and to operators under 49 U.S.C. 44701. This proposed 
rule would provide flexibility for the revision display date for 
electronic manuals, but would not remove the underlying requirement 
that the date of revision be displayed and ascertainable to the viewer 
of the manual.
    To conform with the purpose of this proposed rule, the FAA proposes 
to further amend the introductory paragraph of Sec.  125.73. While all 
of the above referenced sections currently contain the requirement 
concerning the date of last revision on each revised page, the 
introductory paragraph of Sec.  125.73 includes an additional 
requirement that each manual have the ``revision number'' on each 
revised page.
    The manual revision requirement in the introductory paragraph of 
Sec.  125.73 should be consistent with the requirement in the 
associated sections in parts 91K, 121, and 135. Furthermore, displaying 
the date of the last revision on each page for paper manuals and in a 
manner in which a person can immediately ascertain for electronic 
manuals is sufficient to ensure flightcrew members and inspectors are 
able to identify the date of last revision or ensure the manual is up-
to-date. Therefore, the FAA proposes amending the introductory 
paragraph of Sec.  125.73 to remove the requirement that each manual 
include the ``revision number'' on each revised page.

B. Manual Carriage Requirement: Sec. Sec.  91.1023, 121.139, and 135.21

Current Requirement
    Sections 91.1023, 121.139, and 135.21 \13\ require operators to 
carry appropriate parts of the manual on board each airplane for use by 
ground, flight, or maintenance personnel. The requirement includes an 
exception. In part 121, certificate holders need not carry maintenance 
parts of the manual on the airplane if en route to specified stations 
at which they conduct all scheduled maintenance. In parts 91K and 135, 
the exception applies to the approved aircraft inspection program 
manual.
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    \13\ The FAA has determined that due to the unique language of 
the similar requirement in Sec.  125.71, amendment to that section 
is not necessary for this issue and the language in Sec.  125.71 is 
sufficient for operations involving non-common carriage.
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    The FAA established this requirement when operators did not have 
the means to readily provide access to manuals, other than to carry 
those manuals aboard airplanes to be used by personnel at out 
stations.\14\ Prior to the advent of electronic manuals and the 
internet, the requirement to carry physically the ground servicing and 
maintenance parts of the manual aboard an airplane was necessary to 
ensure the

[[Page 42112]]

manual was available to personnel at out stations or other locations 
away from the operator's principal base of operations. Those personnel 
at out stations did not always have their own manuals, nor access to 
manuals, so they relied on each airplane to deliver the appropriate 
manuals.
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    \14\ See section IV.B. of this rule for further discussion.
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    While these regulations allow operators to carry this manual in 
electronic form,\15\ the underlying requirement to carry appropriate 
parts of the manual on board each airplane for use by ground, flight, 
or maintenance personnel is no longer necessary. Most operators already 
provide personnel at all stations with access to the appropriate 
manuals necessary for servicing the airplane. Therefore, these 
personnel do not need to rely on the incoming airplane to carry the 
manual to them.
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    \15\ For example, in 1997, the FAA amended Sec.  121.139 to 
reflect the revisions the FAA made to Sec.  121.133, which allowed a 
certificate holder to prepare its manual in ``any form acceptable to 
the Administrator.'' The resulting change removed the language that 
limited certificate holders to printed form or microfiche, and 
allowed the maintenance part of the manual in ``other than printed 
form.'' FAA guidance interprets ``other than printed form'' to give 
certificate holders flexibility to determine whether to furnish the 
manual in paper or electronic form, as long as they are accessible 
and up-to-date.
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    Section 121.139 sets forth the specific manual carriage 
requirements for certificate holders conducting supplemental 
operations. Under Sec.  121.139(a), certificate holders conducting 
supplemental operations must carry appropriate parts of the manual on 
each airplane when away from their principal base of operations and the 
appropriate parts must be available for use by ground and flight 
personnel. In addition, Sec.  121.139(a) currently contains 
requirements specific to the maintenance part of the manual. 
Specifically, paragraph (a) requires that, if the certificate holder 
carries aboard an airplane all or any portion of the maintenance part 
of its manual in other than printed form, they must also carry a 
compatible reading device that produces a legible image of the 
maintenance information and instructions or have a system that is able 
to retrieve the maintenance information in the English language. 
However, Sec.  121.139(b) states that if a certificate holder is able 
to perform all scheduled maintenance at the specified stations at which 
it keeps maintenance parts of the manual, it does not have to carry 
those parts of the manual aboard the airplane en route to those 
specific stations.
    Similarly, Sec. Sec.  91.1023 and 135.21 state that if a program 
manager (part 91K) or certificate holder (part 135) conducts airplane 
inspections or maintenance at specified stations or facilities where it 
keeps the approved inspection program manual available, it is not 
required to carry the manual aboard the airplane en route to those 
stations.
    Under the existing regulatory text, program managers and 
certificate holders must ``carry'' maintenance parts of the manual 
aboard the airplane in electronic or paper form. Requiring tangible 
maintenance portions of a manual to be physically aboard an aircraft 
during flight is unnecessary because this information is available at 
the stations to which an operator conducts operations.
Input From Air Carrier Industry on Sec.  121.139
    The 2017 ARAC Input to Support Regulatory Reform of Aviation 
Regulations report asserted that no safety justification exists for 
continuing to require physical carriage of maintenance information on 
the airplane because most certificate holders use manuals that are 
available electronically.\16\ In addition, the report recommended the 
FAA modify the regulation to allow certificate holders to use any type 
of media or means to make appropriate parts of the manual available, as 
needed.
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    \16\ ARAC Input to Support Regulatory Reform of Aviation 
Regulations-ARAC Addendum Report (Sept. 12, 2017) at 74. This Report 
is available at https://www.faa.gov/regulations_policies/rulemaking/committees/documents/media/Phase%202%20Report_Final%20Recommendations_Post%20ARAC%20Mt_Sept%2018%20(1).pdf.
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    For years, the air carrier industry has recommended that the FAA 
make amendments to Sec.  121.139 that reflect the new technology used 
to access manuals at out stations. Certificate holders expressed their 
viewpoint that carrying maintenance parts of the manual aboard 
airplanes is unnecessary. For example, Airlines for America (A4A) 
recommended the FAA change the requirement to apply only to parts of 
the manual that are essential to flightcrews.\17\ They stated the 
promulgation of the rule preceded the advent of instant global 
communications, which now make it possible for certificate holders to 
maintain and transmit relevant parts of the manual with the most recent 
updates at virtually any time and location in the world. A4A 
recommended the FAA amend the regulation to enable certificate holders 
to conduct supplemental operations without carrying parts of the manual 
that are not required or that essential flightcrews do not utilize.
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    \17\ Notification of Regulatory Review, Comments of Airlines for 
America, Part Three: Proposals for Repeal or Amendment of Existing 
FAA and PHMSA Regulations, DOT-OST-2017-0069, pp. 10-13. This 
document is available at www.regulations.gov.
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    In addition, in 2004, in response to the FAA's published notice in 
the Federal Register asking the public to advise the FAA on which 
regulations the FAA should amend, the FAA received 97 comments.\18\ One 
such comment, from the National Air Carrier Association, suggested that 
the FAA delete Sec.  121.139 entirely because it is unnecessary, given 
current developments in technology.\19\
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    \18\ Review of Existing Regulations, 69 FR 8575 (Feb. 25, 2004).
    \19\ Review of Existing Regulations, 72 FR 34999, 35003 (Jun 26, 
2007).
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    Furthermore, several major air carriers have petitioned the FAA for 
exemption from the requirement in Sec.  121.139 or requested an 
interpretation of the requirement,\20\ in which they expressed concern 
about carrying the appropriate parts of the maintenance manual aboard 
the airplane. These petitions for exemption and requests for 
interpretation contend that a certificate holder's ability to keep the 
manual stored electronically will result in the manual always being 
available to ground and maintenance personnel. The petitions and 
requests assert that the focus of the requirement should be on 
availability and accessibility of the manual, rather than the manual 
being physically located on the airplane. They also emphasize that 
certificate holders have policies and procedures to ensure personnel 
have access to the manual information, even in the event of an 
electronic malfunction.
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    \20\ See the following FAA denials of petition for exemption: 
Docket No. FAA-2012-0113 (issued Dec. 26, 2012); Docket No. 29561 
(issued June 28, 2000); and Docket No. 26759 (issued Nov. 16, 1992). 
See also Letter of Interpretation to Christian Torro/Southwest 
Airlines Co. from Rebecca B. MacPherson, Assistant Chief Counsel for 
Regulations (Oct. 19, 2009); Letter of Interpretation to Thomas 
Durrant-SPMI SWA CMO from Rebecca MacPherson, Assistant Chief 
Counsel for Regulations (May 17, 2011); Letter of Interpretation to 
Michael Keller/American Airlines from Rebecca B. MacPherson, 
Assistant Chief Counsel for Regulations (Oct. 20, 2010). Exemption 
decisions are available at www.regulations.gov. FAA interpretations 
are available at https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/.
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Proposed Rule Amendments to Sec. Sec.  91.1023, 121.139, and 135.21
    The requirements of Sec. Sec.  91.1023, 121.139, and 135.21 should 
reflect the current ability to access the manual using electronic 
devices, to download the manual or access it via the internet. The 
proposed amendments to Sec. Sec.  91.1023, 121.139, and 135.21 would 
give certificate holders flexibility to use

[[Page 42113]]

technology in providing access to the electronic manual. Specifically, 
this proposed rule would remove the requirement that certificate 
holders ``carry'' appropriate parts of the manual on each airplane when 
away from its principal base of operations. This proposed rule would 
replace the word ``carry'' or ``carried'' in the aforementioned 
sections with the requirement to ensure parts of the manual associated 
with personnel's assigned duties are accessible for flight, ground, and 
maintenance personnel, ``at all times when those personnel are 
performing their duties.'' This proposed language would ensure 
personnel always have access to the necessary information while 
performing their assigned duties. This proposed language achieves the 
objective of the existing language of Sec. Sec.  91.1023, 121.139, and 
135.21 because it ensures that wherever a certificate holder conducts 
its operations, the flight, ground, and maintenance personnel have 
access to the necessary parts of the manual.
    The FAA acknowledges that these proposed revisions to Sec. Sec.  
91.1023, 121.139, and 135.21 could result in reliability concerns 
regarding certificate holders' ability to maintain consistent access to 
its manuals, e.g., during electronic or internet outages. However, the 
proposed text requires personnel always have access to the relevant 
manual's information when they are performing their assigned duties. By 
using performance-based language to require certificate holders ensure 
availability when these personnel are performing their assigned duties, 
the proposed regulatory text indicates certificate holders should 
maintain policies and procedures to address circumstances in which an 
electronic or internet outage may occur.
    The previously discussed amendments to Sec.  121.139 would result 
in the removal of paragraphs (a) and (b), replacing them with a single 
paragraph. Further, the FAA proposes to amend Sec.  121.139 by changing 
the section heading to read ``Manual accessibility: Supplemental 
operations.'' The FAA does not propose any changes to the section 
headings of Sec. Sec.  91.1023, 125.71, or 135.21 because they do not 
contain similar language.

C. Compatible Reading Device Update: Sec. Sec.  91.1023, 121.139, 
125.71, & 135.21

    Sections 91.1023(g), 121.139(a), 125.71(f), and 135.21(g) require 
that, when manuals exist in other than printed form, certificate 
holders must carry compatible reading devices that provide legible 
images of maintenance information and instructions. In addition, 
certificate holders must have a system that is able to retrieve the 
maintenance information and instructions in the English language. The 
FAA promulgated these requirements when certificate holders used 
microfiche technology to ensure the information was readable, or 
retrievable, in the English language.
    This proposed rule would amend Sec. Sec.  91.1023(g), 121.139, 
125.71(f), and 135.21(g) to require that all manual information and 
instructions be displayed clearly and be retrievable in the English 
language. Removing the compatible reading device requirement is 
appropriate because electronic manuals do not require a separate, 
compatible reading device to view the manual information. This proposed 
rule would require all manual information and instructions be 
accessible to the appropriate personnel, and appear in a manner in 
which they can read and comprehend the necessary provisions. Due to FAA 
oversight of certificate holders' manuals, such manual information and 
instructions must be readable and retrievable in the English language 
for the FAA to review and approve the manual. Therefore, the 
requirement that all manual information and instructions under 
Sec. Sec.  91.1023, 121.139, 125.71, and 135.21 be readable and 
retrievable in the English language codifies current practice and 
brings this regulatory requirement up-to-date.

V. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563 direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $158,000,000, using the 
most current (2020) Implicit Price Deflator for the Gross Domestic 
Product. This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) would result in benefits that justify costs; (2) is 
not a ``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866; (3) would not have a significant economic impact 
on a substantial number of small entities; (4) would not create 
unnecessary obstacles to the foreign commerce of the United States; and 
(5) would not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector.

A. Regulatory Impact Analysis

    The FAA estimates the proposed rulemaking would not result in 
additional costs to affected operators that conduct operations under 
parts 91K, 121, 125, and 135. The proposal would provide flexibility 
for the efficient use of electronic manuals for these operators. The 
proposed requirements would also ensure consistency for manual 
requirements for these operators. These flexibilities may reduce 
administrative costs of maintaining and providing manual accessibility 
to these operators. The FAA determines the proposal would not adversely 
affect safety.
    This proposed rulemaking would update the manual display 
requirements for these affected operators to accommodate electronic 
manuals. In particular, this proposal would remove the requirement to 
have the date of last revision on each page concerned as it applies to 
operators using electronic manuals. This proposed rulemaking would add 
a separate requirement to allow operators using electronic manuals 
flexibility in displaying the date of last revision, while maintaining 
the existing requirement for operators with paper manuals.
    This proposal would also revise the current requirement to 
physically carry appropriate parts of the manual aboard airplanes for 
these operators. As a result, operators would have flexibility 
regarding how flight, ground, and maintenance operators use electronic 
manuals, and provide access to each manual's information in a manner 
that reflects current technological capabilities.
    Based on information from industry, affected operators currently 
provide their flightcrew personnel with access to manuals in electronic 
formats, including EFBs and PEDs. In addition, most operators currently 
provide ground and

[[Page 42114]]

maintenance personnel at their stations access to the manual 
information necessary for ground handling and servicing of aircraft 
through electronic devices such as computers and PEDs.
    The FAA expects the incremental changes from this proposed 
rulemaking would provide additional flexibilities to these operators 
for the efficient use of electronic manuals with no additional costs. 
These flexibilities may result in savings from avoided costs to these 
operators of maintaining and providing access to manuals for 
flightcrew, ground and maintenance personnel. The FAA did not identify 
data to quantify with certainty the incremental savings of this 
proposed rulemaking and the flexibilities it would provide to operators 
conducting operations under parts 91K, 125, and 135 affected operators.
    The ARAC report provided information and insight on the potential 
costs and savings related to certain part 121 operators conducting 
operations to ensure appropriate parts of the manual are available for 
use by ground and maintenance personnel.\21\ The report found 
technological advances and the availability of internet connections 
have eliminated the need for paper manuals to these operators.
---------------------------------------------------------------------------

    \21\ ARAC Input to Support Regulatory Reform of Aviation 
Regulations-ARAC Addendum Report at 74 (Sept. 12, 2017), available 
at https://www.faa.gov/regulations_policies/rulemaking/committees/documents/media/Phase%202%20Report_Final%20Recommendations_Post%20ARAC%20Mt_Sept%2018%20(1).pdf.
---------------------------------------------------------------------------

    The report identified potential cost savings would include a 
reduction in weight through the elimination of paper manuals compared 
to equipment associated with non-paper manuals and a reduction in time 
auditing, updating and printing paper manuals. In the report, one A4A 
member reports annual costs of approximately $500,000 because they 
claim the current regulation for operators of part 121 airplanes 
creates a requirement for paper manuals.\22\ If this is representative 
of current costs for all 64 affected part 121 operators,\23\ then the 
estimated annual savings would be $32,000,000 (= $500,000 x 64). Over a 
five-year period of analysis, the present value savings would be 
approximately $146.6 million at a three percent discount rate or 
approximately $132.2 million at a seven percent discount rate. The FAA 
notes that this cost saving estimate is conservative because the ARAC 
report only provided information for one part 121 operator and this 
proposal also affects operators in parts 91K, 125, and 135 service.
---------------------------------------------------------------------------

    \22\ It is unclear if this estimate is net of incremental costs 
that would occur due to this proposal and does not include costs 
that would result regardless of this change.
    \23\ At the time of writing, there were 64 active part 121 
certificate holders (data accessed January 14, 2022).
---------------------------------------------------------------------------

    The FAA requests information and data that can be used to quantify 
additional savings of this proposed rulemaking. Please provide 
references and sources for information and data.
    The changes in this proposed rulemaking would not have an adverse 
impact on safety because flightcrew members or inspectors would 
continue to be able to identify and ensure the manual or appropriate 
part is up-to-date. Likewise, the proposed changes to manual 
accessibility to these operators would have no adverse impact on safety 
because flight, ground and maintenance personnel would have access to 
the necessary parts of the manual wherever these operators conducts 
their operations.
    In addition, the FAA has determined no adverse safety implication 
would result from the proposal for flightcrews and other personnel 
because such personnel are required to have access to parts of the 
manual that are appropriate to their assigned duties when they are 
performing those duties. This proposed rule alone would not result in 
new logistical issues related to connectivity because much of the 
current baseline maintenance activities rely on connectivity. In 
addition, as discussed in the ARAC report, in the unlikely event that 
connectivity is problematic or the on-ground electronic means is 
interrupted, maintenance activities would temporarily halt. While this 
may affect operations, it would ensure that no adverse effect on safety 
occurs. The FAA invites comments on these findings.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94 
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240, 124 Stat. 2504, Sept. 27, 2010), requires Federal agencies to 
consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    This proposal would remove the requirement to have the date of last 
revision on each page concerned, as it applies to parts 91K, 121, 125, 
and 135 operators using electronic manuals and add a separate 
requirement that allows operators using electronic manuals flexibility 
in displaying the date of last revision, while maintaining the 
requirement for operators using paper manuals. This proposed rulemaking 
would also revise the current requirement to carry appropriate parts of 
the manual aboard airplanes for these operators. As a result, this 
proposal would provide operators with flexibility regarding how flight, 
ground, and maintenance personnel access the appropriate parts of the 
manual. The proposed rulemaking, therefore, would enable these 
operators to use electronic manuals efficiently and provide access to 
the manual information in a manner that reflects current technological 
capabilities.
    The proposed rulemaking would not result in additional costs to 
affected operators. The proposed rulemaking does not mandate the use of 
an electronic format for manuals. Rather, the proposal would provide 
flexibility for the efficient use of electronic manuals. Such 
flexibility may reduce administrative costs of maintaining and 
providing manual accessibility to these operators. In addition, the FAA 
estimates that some operators would not incur savings from this 
proposed rule because they might currently benefit from these 
flexibilities.
    Therefore, as provided in 5 U.S.C. 605(b), the head of the FAA 
certifies that this proposed rulemaking would not result in a 
significant economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for

[[Page 42115]]

U.S. standards. The FAA has assessed the potential effect of this 
proposed rulemaking and determined that it would have only a domestic 
impact and therefore would not create obstacles to the foreign commerce 
of the United States.

D. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs. The FAA determined that the proposed rulemaking would not 
result in the expenditure of $158,000,000 or more by State, local, or 
tribal governments, in the aggregate, or the private sector, in any one 
year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. This proposed rule would not 
include any new requirement for information collection or changes to 
existing information collections associated with this proposed rule. 
The existing information collection associated with all part 121 manual 
requirements was approved under OMB control number 2120-0008, Part 121 
Operating Requirements: Domestic, Flag, and Supplemental Operations. 
The information collection estimates the cost for the original manual 
for original certification, and the cost of manual revisions. The 
information collection attributes the burden associated with manual 
revision to Sec.  121.133 and does not attribute any burden to Sec.  
121.139. The FAA has determined this proposed rulemaking would not 
require any adjustment in the estimate of public or government burden 
under the Paperwork Reduction Act.
    The existing information collection associated with all part 135 
manual requirements was approved under OMB control number 2120-0039, 
Part 135--Operating Requirements: Commuter and On-demand Operations and 
Rules Governing Persons on Board such Aircraft. This collection 
attributes the burden with manuals to Sec.  135.21. The FAA has 
determined this proposed rule would not require any adjustment in the 
estimate of public or government burden under the Paperwork Reduction 
Act.
    The existing information collection associated with all part 125 
manual requirements was approved under OMB control number 2120-0085, 
Certification and Operations: Airplanes with Seating Capacity of 20 or 
More Passenger Seats or Maximum Payload of 6,000 Pounds or More--14 CFR 
part 125. This collection associates the burden with manuals to Sec.  
125.71. The FAA has determined this proposed rulemaking would not 
require any adjustment in the estimate of public or government burden 
under the Paperwork Reduction Act.
    The existing information collection associated with all 14 CFR part 
91 subpart K (91K) was approved under OMB control number 2120-0684, 
Fractional Ownership Programs. This collection attributes the burden 
with manuals to Sec.  91.1023. The FAA has determined this proposed 
rulemaking would not require any adjustment in the estimate of public 
or government burden under the Paperwork Reduction Act.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed ICAO Standards and Recommended Practices, and identified no 
differences with any standards and recommended practices.

G. Environmental Analysis

    FAA Order 1050.1F (Jul. 16, 2015) identifies FAA actions that are 
categorically excluded from preparation of an environmental assessment 
or environmental impact statement under the National Environmental 
Policy Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f for regulations and involves 
no extraordinary circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rulemaking under the principles 
and criteria of Executive Order 13132, Federalism. The Agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government and therefore, would not have 
federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rulemaking under Executive Order 
13211, Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use. The Agency has determined that it would 
not be a ``significant energy action'' under the executive order and 
would not be likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

VII. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The Agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The Agency may

[[Page 42116]]

change this proposal in light of the comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Any commentary that the 
FAA receives which is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of this notice of proposed rulemaking, all comments 
received, any final rule, and all background material may be viewed 
online at https://www.regulations.gov using the docket number listed 
above. A copy of this proposed rule will be placed in the docket. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year. An electronic 
copy of this document may also be downloaded from the Office of the 
Federal Register's website at https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found at the FAA's Regulations and Policies website at 
https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

List of Subjects

14 CFR Part 91

    Air carriers, Air taxis, Aircraft, Airports, Aviation safety, 
Charter flights, Freight, Reporting and recordkeeping requirements, 
Transportation.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements, Safety, Transportation.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety, Reporting and 
recordkeeping requirements.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Aviation (61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.1023 by revising paragraphs (f) and (g); removing 
paragraph (h); and redesignating paragraph (i) as paragraph (h). The 
revisions read as follows:


Sec.  91.1023   Program operating manual requirements.

* * * * *
    (f) The program manager must ensure the appropriate parts of the 
manual are accessible to flight, ground, and maintenance personnel at 
all times when such personnel are performing their assigned duties.
    (g) The information and instructions contained in the manual must 
be displayed clearly and be retrievable in the English language.
* * * * *
0
3. Amend Sec.  91.1025 by revising the introductory text to read as 
follows:


Sec.  91.1025   Program operating manual contents.

    Each program operating manual accessed in paper format must display 
the date of last revision on each page. Each program operating manual 
accessed in electronic format must display the date of last revision in 
a manner in which a person can immediately ascertain it. Unless 
otherwise authorized by the Administrator, the manual must include the 
following:
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
4. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 
41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 
Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-
44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 
(49 U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732 
note); Pub. L. 115-254, 132 Stat 3281 (49 U.S.C. 44903 note).

0
5. Amend Sec.  121.135 by revising paragraphs (a) introductory text and 
(a)(3) to read as follows:


Sec.  121.135   Manual Contents.

    (a) Each manual required by Sec.  121.133 must:
* * * * *
    (3) If accessed in paper format, display the date of last revision 
on each page; if accessed in electronic format, display the date of 
last revision in a manner in which a person can immediately ascertain 
it; and
* * * * *
0
6. Revise Sec.  121.139 to read as follows:


Sec.  121.139   Manual accessibility: Supplemental operations.

    Each certificate holder conducting supplemental operations must 
ensure the appropriate parts of the manual are accessible to flight, 
ground, and maintenance personnel at all times when such personnel are 
performing their assigned duties. The information and instructions 
contained in the manual must be displayed clearly and be retrievable in 
the English language.

[[Page 42117]]

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
7. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705, 
44710-44711, 44713, 44716-44717, 44722.

0
8. Amend Sec.  125.71 by revising paragraph (f) to read as follows:


Sec.  125.71   Preparation.

* * * * *
    (f) The information and instructions contained in the manual must 
be displayed clearly and be retrievable in the English language.
* * * * *
0
9. Amend Sec.  125.73 by revising the introductory text to read as 
follows:


Sec.  125.73   Contents.

    Each manual accessed in paper format must display the date of last 
revision on each page. Each manual accessed in electronic format must 
display the date of last revision in a manner in which a person can 
immediately ascertain it. The manual must include:
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
10. The authority citation for part 135 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
11. Amend Sec.  135.21 by revising paragraphs (f) and (g); and removing 
paragraph (h). The revisions read as follows:


Sec.  135.21   Manual requirements.

* * * * *
    (f) The certificate holder must ensure the appropriate parts of the 
manual are accessible to flight, ground, and maintenance personnel at 
all times when such personnel are performing their assigned duties.
    (g) The information and instructions contained in the manual must 
be displayed clearly and be retrievable in the English language.
0
12. Amend Sec.  135.23 by revising the introductory text to read as 
follows:


Sec.  135.23   Manual contents.

    Each manual accessed in paper format must display the date of last 
revision on each page. Each manual accessed in electronic format must 
display the date of last revision in a manner in which a person can 
immediately ascertain it. The manual must include:
* * * * *

    Issued in Washington, DC, under authority provided by 49 U.S.C. 
106(f), 106(g), and 44701(a)(5).
Robert C. Carty,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2022-14814 Filed 7-13-22; 8:45 am]
BILLING CODE 4910-13-P


