[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Pages 42109-42117]
[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proposed rule would update outdated language that refers to accessing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this outdated language and simply require that all manual information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<PHONE_NUMBER>.
    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<PHONE_NUMBER>; 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

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

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

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

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

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

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

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<PHONE_NUMBER>.
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.

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


[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Proposed Rules]
[Pages 71357-71359]
[FR Doc No: 2012-29026]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1251; Directorate Identifier 2012-CE-044-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Pacific Aerospace Limited Models FU24-954 and FU24A-954 airplanes that
would supersede an existing AD. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as aircraft operating outside the aircraft aft center of
gravity (C of G) limits during parachute-drop operations. Exceeding C
of G limits could result in loss of control of the aircraft. We are
issuing this proposed AD to require actions to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by January 14,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1251;
Directorate Identifier 2012-CE-044-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On September 21, 2010, we issued AD 2010-20-18, Amendment 39-16453
(75 FR 59606, September 28, 2010). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2010-20-18, Amendment 39-16453 (75 FR 59606,
September 28, 2010), information has been received that shows that the
operating limitations required by this AD should be different between
turbine engine and piston engine Pacific Aerospace Limited Models FU24-
954 and FU24A-954 airplanes.
    The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/FU24/182, dated October 25, 2012
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The new MCAI AD supersedes the
requirements in AD DCA/FU24/179.
    The new MCAI requires adding a requirement to install station
marking placards inside the rear cabin walls and inserting a supplement
into the airplane flight manual (AFM) specifically approved for
parachuting operations that contains detailed information for
determining the weight and balance of the aircraft for turbine engine
airplanes. This proposed AD also retains all actions in AD 2010-20-18,
Amendment 39-16453 (75 FR 59606, September 28, 2010), for all
airplanes.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD would affect 1 product of U.S.
registry. We also estimate that it would take about 22 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $1,870 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue

rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing AD 2010-20-18, Amendment
39-16453 (75 FR 59606, September 28, 2010), and adding the following
new AD:

Pacific Aerospace Limited: Docket No. FAA-2012-1251; Directorate
Identifier 2012-CE-044-AD.

(a) Comments Due Date

    We must receive comments by January 14, 2013.

(b) Affected ADs

    This AD supersedes AD 2010-20-18, Amendment 39-16453 (75 FR
59606, September 28, 2010).

(c) Applicability

    This AD applies to Pacific Aerospace Limited Models FU24-954 and
FU24A-954 airplanes, all serial numbers, that are:
    (1) certificated in any category; and
    (2) modified to conduct parachute operations.

(d) Subject

    Air Transport Association of America (ATA) Code 8: Leveling and
Weighing.

(e) Reason

    This AD was prompted by reports of aircraft operating outside
the aft center of gravity (C of G) limits during parachute-drop
operations. We are issuing this AD to prevent exceeding C of G
limits, which could result in loss of control of the aircraft.

(f) Actions and Compliance for All Airplanes (Both Turbine and Piston
Engine Airplanes) Retained From AD 2010-20-18, Amendment 39-16453 (75
FR 59606, September 28, 2010)

    Unless already done, do the following actions:
    (1) As of October 18, 2010 (the effective date retained from AD
2010-20-18, Amendment 39-16453 (75 FR 59606, September 28, 2010)),
before further parachute-drop operations:
    (i) Amend the airplane flight manual (AFM) to restrict maximum
occupancy of the cabin aft of fuselage station (F.S) 118.84 to 6
persons. This may be done by inserting a copy of this AD into the
AFM adjacent to the applicable supplement for parachuting
operations; and
    (ii) Fabricate a placard at least 2 by 4 inches (using at least
\1/8\-inch letters) and install the placard in two places, one on
each side of the aft cabin, in view of all occupants as they enter
and occupy the cabin which states the following: Maximum occupancy
of this cabin limited to six persons for parachuting operations.
Weight and Balance must be confirmed for each flight.
    (2) As of October 18, 2010 (the effective date retained from AD
2010-20-18, Amendment 39-16453 (75 FR 59606, September 28, 2010)),
before further parachute-drop operations, the weight and balance
calculation must comply with the following limitations and establish
that the aircraft C of G will remain within AFM limits for the
duration of the flight:
    (i) Use actual weights for all occupants and their equipment to
do the calculation;
    (ii) Account for the positions of all occupants in the
calculation. Do the calculation with the occupants' (parachuting
group) positions at the most aft positions that result from the
rearmost members of the group sitting against the aft cabin wall and
subsequent occupants located immediately forward of them, unless a
means of restraint is provided to prevent the occupants moving
rearwards from their normal position; and (iii) Keep a record of the
C of G determination for each parachuting operation.

(g) New Actions and Compliance for Turbine Engine Airplanes

    Within the next 15 days after the effective date of this AD, do
the following:
    (1) Add fuselage station (F.S.) reference line placards inside
the rear cabin walls following the instructions in Section 2.5,
Placards, of the CAA Approved AFM Supplement for Aircraft Modified
for Parachuting Operations, PT6 Fletcher-EX Document Reference: AIR
2817-FMS-P1, dated October 15, 2012, or Walter Fletcher Document
Reference: AIR 2672-FMS-P1, dated October 15, 2012, as applicable.
    (2) Insert Section 2.4, Weight and Balance, of the CAA Approved
AFM Supplement for Aircraft Modified for Parachuting Operations, PT6
Fletcher-EX Document Reference: AIR 2817-FMS-P1, dated October 15,
2012, or Walter Fletcher Document Reference: AIR 2672-FMS-P1, dated
October 15, 2012, as applicable, into the AFM.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response,

including the time for reviewing instructions, completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden
should be directed to the FAA at: 800 Independence Ave. SW.,
Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(i) Related Information

    Refer to MCAI Civil Aviation Authority of New Zealand AD DCA/
FU24/182, dated October 25, 2012; CAA Approved Flight Manual
Supplement PT6 Fletcher-EX for Aircraft Modified for Parachuting
Operations, Document Reference: AIR 2817-FMS-P1, dated October 15,
2012; and CAA Approved Flight Manual Supplement Walter Fletcher for
Aircraft Modified for Parachuting Operations, Document Reference:
AIR 2672-FMS-P1, dated October 15, 2012, for related information.

    Issued in Kansas City, Missouri, on November 21, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-29026 Filed 11-29-12; 8:45 am]
BILLING CODE 4910-13-P