Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Proposed Rules 42109 

1Other 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. 

Issued on July 8, 2022. 

Christina Underwood, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–15024 Filed 7–13–22; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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 ondemand 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update outdated language that refers to 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remove this outdated language and 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 

sandra.ray@faa.gov. 

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 §§ 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 §§ 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

Lastly, this rulemaking proposes 

amendments in §§ 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 


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42110 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Proposed Rules 

2See 14 CFR 91.1025, 121.135, 125.73, 135.23. 

3See discussion in section IV.B. of this preamble. 

4Operation 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. 

5FAA Safety Performance Analysis System SPAS 

(release 2.41.161). 

6Advisory 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. 

7A 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. 

8FAA Web-based Operations Safety System, 

accessed on Nov. 3, 2020. 

9FAA Safety Performance Analysis System 

(release 2.41.161). 

10FAA Web-based Operations Safety System, 

accessed on Nov. 3, 2020. 

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. 

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. 

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: §§ 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

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 


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Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Proposed Rules 42111 

11ARAC 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. 

12See the following FAA grant of petition for 

exemption: Docket No. FAA–2000–8525. This 

exemption is available at https://

www.regulations.gov. 

13The FAA has determined that due to the 

unique language of the similar requirement in 

§ 125.71, amendment to that section is not 

necessary for this issue and the language in § 125.71 

is sufficient for operations involving non-common 

carriage. 

14See section IV.B. of this rule for further 

discussion. 

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 

§§ 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 

§ 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 

§ 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

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 

§ 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. 

Proposed Rule Amendments 

As previously discussed, §§ 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 § 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 

§ 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 § 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 

§ 121.135(a). As a result, this proposed 

rule would designate § 121.135(a)(4) as 

§ 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 § 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 

§ 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 § 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 § 125.73 

to remove the requirement that each 

manual include the ‘‘revision number’’ 

on each revised page. 

B. Manual Carriage Requirement: 

§§ 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. 

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 


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15For example, in 1997, the FAA amended 

§ 121.139 to reflect the revisions the FAA made to 

§ 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. 

16ARAC 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. 

17Notification 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. 

18Review of Existing Regulations, 69 FR 8575 

(Feb. 25, 2004). 

19Review of Existing Regulations, 72 FR 34999, 

35003 (Jun 26, 2007). 

20See 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/. 

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. 

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. 

Section 121.139 sets forth the specific 

manual carriage requirements for 

certificate holders conducting 

supplemental operations. Under 

§ 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, § 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, 

§ 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, §§ 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 

§ 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. 

For years, the air carrier industry has 

recommended that the FAA make 

amendments to § 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. 

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 § 121.139 entirely because it is 

unnecessary, given current 

developments in technology.19

Furthermore, several major air carriers 

have petitioned the FAA for exemption 

from the requirement in § 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. 

Proposed Rule Amendments to 

§§ 91.1023, 121.139, and 135.21 

The requirements of §§ 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 

§§ 91.1023, 121.139, and 135.21 would 

give certificate holders flexibility to use 


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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 §§ 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 §§ 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 § 121.139 would result 

in the removal of paragraphs (a) and (b), 

replacing them with a single paragraph. 

Further, the FAA proposes to amend 

§ 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 §§ 91.1023, 125.71, 

or 135.21 because they do not contain 

similar language. 

C. Compatible Reading Device Update: 

§§ 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 

§§ 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 §§ 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 


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21ARAC 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. 

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. 

23At the time of writing, there were 64 active part 

121 certificate holders (data accessed January 14, 

2022). 

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. 

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 × 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. 

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-todate. 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 


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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 § 121.133 and does 

not attribute any burden to § 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 § 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 § 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 § 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 


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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 

■ 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). 

■ 2. Amend § 91.1023 by revising 

paragraphs (f) and (g); removing 

paragraph (h); and redesignating 

paragraph (i) as paragraph (h). The 

revisions read as follows: 

§ 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. 

* * * * * 

■ 3. Amend § 91.1025 by revising the 

introductory text to read as follows: 

§ 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 

■ 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). 

■ 5. Amend § 121.135 by revising 

paragraphs (a) introductory text and 

(a)(3) to read as follows: 

§ 121.135 Manual Contents. 

(a) Each manual required by § 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 

* * * * * 

■ 6. Revise § 121.139 to read as follows: 

§ 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. 


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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 

■ 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. 

■ 8. Amend § 125.71 by revising 

paragraph (f) to read as follows: 

§ 125.71 Preparation. 

* * * * * 

(f) The information and instructions 

contained in the manual must be 

displayed clearly and be retrievable in 

the English language. 

* * * * * 

■ 9. Amend § 125.73 by revising the 

introductory text to read as follows: 

§ 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 

■ 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). 

■ 11. Amend § 135.21 by revising 

paragraphs (f) and (g); and removing 

paragraph (h). The revisions read as 

follows: 

§ 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. 

■ 12. Amend § 135.23 by revising the 

introductory text to read as follows: 

§ 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 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR part 1223 

[Docket No. CPSC–2013–0025] 

Notice of Availability and Request for 

Comment: Revision to the Voluntary 

Standard for Infant and Cradle Swings 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of availability and 

request for comment. 

SUMMARY: The U.S. Consumer Product 

Safety Commission’s (Commission or 

CPSC) mandatory rule, Safety Standard 

for Infant Swings, incorporates by 

reference ASTM F2088–21, Standard 

Consumer Safety Specification for Infant 

and Cradle Swings. The Commission 

has received notice of a revision to this 

incorporated voluntary standard. CPSC 

seeks comment on whether the revision 

improves the safety of the consumer 

product covered by the standard. 

DATES: Comments must be received by 

July 28, 2022. 

ADDRESSES: Submit comments, 

identified by Docket No. CPSC–2013– 

0025, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by electronic mail 

(email), except as described below. 

CPSC encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal. 

Mail/hand delivery/courier/ 

confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or courier to: Division of the 

Secretariat, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. If you wish to submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

https://www.regulations.gov. Do not 

submit through this website: 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

wish to submit such information, please 

submit it according to the instructions 

for mail/hand delivery/courier/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2013–0025, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Carlos Torres, Project Manager, Division 

of Mechanical and Combustion 

Engineering, U.S. Consumer Product 

Safety Commission, 5 Research Place, 

Rockville, MD 20850; telephone: (301) 

987–2504; email: ctorres@cpsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

104(b) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA) 

requires the Commission to adopt 

mandatory standards for durable infant 

or toddler products. 15 U.S.C. 

2056a(b)(1). Mandatory standards must 

be ‘‘substantially the same as’’ voluntary 

standards, or may be ‘‘more stringent’’ 

than voluntary standards, if the 

Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the products. Id. Mandatory standards 

may be based, in whole or in part, on 

a voluntary standard. 

Pursuant to section 104(b)(4)(B) of the 

CPSIA, if a voluntary standards 

organization revises a standard that has 

been adopted, in whole or in part, as a 

consumer product safety standard under 

CPSIA section 104, it must notify the 

Commission. The revised voluntary 

standard then shall be considered to be 

a consumer product safety standard 

issued by the Commission under section 

9 of the Consumer Product Safety Act 

(15 U.S.C. 2058), effective 180 days after 

the date on which the organization 


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