Federal Regulation of Electronic Flight Bags

摘要

This paper consists of student legal scholarship regarding one aspect of the present regulatory environment for commercial aviation. The press has reported that US commercial airlines are equipping their pilots with tablet computer "Electronic Flight Bags" to replace the paper documents pilots presently carry. This scholarship has found that the FAA permits the use of tablet computers on the flight deck through a "non-legislative-rule." This agency issued rule was made outside of "Notice-and-Comment" lawmaking. The rule is not legally binding in the way that officially promulgated Federal Regulations are. Because legal precedent does not provide a safe harbor to operators who rely upon the statements of government officials made in the absence of formal Federal Regulation, it would be advantageous for the industry to petition the FAA to formally codify rules to govern how pilots may rely upon Electronic Flight Bags.