Updating Manual Requirements To Accommodate Technology, 34437-34443 [2023-11246]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34437-34443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11246]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125, and 135

[Docket No. FAA-2022-0912; Amdt. Nos. 91-368, 121-388, 125-73, and 135-
144]
RIN 2120-AL36


Updating Manual Requirements To Accommodate Technology

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

ACTION: Final rule.

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SUMMARY: This final rule updates the Federal Aviation Administration 
(FAA) manual requirements to reflect industry use of electronic and 
paper manuals. The amendments 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. This action requires manuals accessed in 
paper format to display the date of last revision on each page, and it 
requires 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 also revises the requirement for program managers or 
certificate holders to carry appropriate parts of the manual aboard 
airplanes during operations. The FAA instead requires program managers 
or certificate holders to ensure the appropriate parts of the manual 
are accessible to flight, ground, and maintenance personnel when such 
personnel are performing their assigned duties. Lastly, this rule 
updates outdated language that refers to accessing information in 
manuals kept in microfiche. The FAA removes this outdated language and 
simply requires that all manual information and instructions be 
displayed clearly and be retrievable in the English language.

DATES: This final rule is effective June 29, 2023.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see 
``Additional Information'' in the SUPPLEMENTARY INFORMATION section of 
this document.

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

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    The FAA is adopting without change, a notice of proposed rulemaking 
(NPRM),\1\ which proposed several amendments in title 14, Code of 
Federal Regulations (14 CFR), part 91, subpart K, and parts 121, 125, 
and 135 to remove certain prescriptive manual requirements for 
certificate holders. This rulemaking amends 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 rule adds 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.
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    \1\ Updating Manual Requirements to Accommodate Technology 
notice of proposed rulemaking, 87 FR 42109 (Jul. 14, 2022).
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    In addition, this rulemaking clarifies in Sec. Sec.  91.1023, 
121.139, and 135.21 that program managers or certificate holders must 
ensure appropriate parts of the manual are accessible on each aircraft 
when the aircraft are away from their principal base of operations, in 
lieu of indicating that manuals must exist in any particular format. 
This rulemaking provides certificate holders flexibility regarding how 
their flight, ground, and maintenance personnel access electronic 
manuals and permits them to obtain information in a manner that 
reflects current technological capabilities.\2\
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    \2\ 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 rule does not address such 
regulations.
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    Lastly, this rulemaking amends 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'' 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.'' The FAA 
replaces 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,

[[Page 34438]]

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 of title 49, Aviation Programs, describes in more 
detail the scope of the FAA's authority. This rulemaking is issued 
under the authority described in Subtitle VII, Aviation Programs, 
section 44701(a)(5). Under that section, the FAA is charged with 
prescribing regulations and minimum standards for other practices, 
methods, and procedures necessary for safety in air commerce and 
national security. This regulation is within the scope of that 
authority.
    Authority for this particular rulemaking is also derived from 49 
U.S.C. 44701(d)(1)(A), which 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 part 91, subpart K, 
and parts 121, 125, and 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.\3\ 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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    \3\ 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 utilize manuals in electronic format rather than 
accessing paper manuals. This final rule updates FAA manual 
requirements to reflect industry use of electronic and paper manuals.

A. Statement of the Problem

    Current manual requirements in applicable FAA regulations do not 
appropriately accommodate the use of electronic manuals. Further, the 
requirement that some certificate holders ``carry'' appropriate parts 
of the manual on each aircraft when away from their principal base of 
operations is outdated and no longer necessary due to modern 
technology. Prior to the advent of electronic manuals and the internet, 
operators were required to physically carry the ground servicing and 
maintenance parts of the manual aboard an aircraft to ensure the manual 
was available to personnel at out stations or other locations away from 
the certificate holder's principal base of operations. Personnel at out 
stations did not always have their own manuals, or access to necessary 
manuals, so they relied on the aircraft 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. The 
current language requires operators accessing manuals in ``other than 
printed form'' to ensure there is a ``compatible reading device 
available to those persons that provide 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. The existing requirements do not 
reflect current technology.

B. The Notice of Proposed Rulemaking

    On July 14, 2022, the FAA published an NPRM titled ``Updating 
Manual Requirements to Accommodate Technology.'' \4\ In the NPRM, the 
FAA proposed revisions to manual requirements to reflect industry use 
of electronic and paper manuals, to remove outdated language, and 
simply require that all manual information and instructions be 
displayed clearly and be retrievable in the English language.
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    \4\ 87 FR 42109 (July 14, 2022).
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    The NPRM provided for a 60-day comment period, which ended on 
September 12, 2022. The FAA received four comments from industry 
(National Business Aviation Association, The Cargo Airline Association, 
ABXAIR, and Airlines for America (A4A)) and one anonymous comment. All 
commenters generally supported the proposed revisions; however, A4A and 
the anonymous commenter recommended changes, as described in the 
Discussion of the Final Rule section of this preamble.

IV. Discussion of the Final Rule

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

    The FAA proposed to amend Sec. Sec.  91.1025, 121.135, 125.73, and 
135.23 to remove the requirement for the date of last revision on each 
page concerned as it applies to operators using electronic manuals. The 
FAA proposed to revise the introductory paragraphs of Sec. Sec.  
91.1025, 125.73, and 135.23 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 proposed similar revisions to Sec.  121.135, as it contains the 
same language requiring manuals to have the date of last revision on 
each page revised. Further, the FAA proposed to revise Sec.  121.135(a) 
introductory text such that it includes the same regulatory text as the 
FAA adds to the other regulatory sections as discussed above. This rule 
also removes 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 language in Sec.  121.135(a) introductory text. 
As a result, the NPRM proposed to designate Sec.  121.135(a)(4) as 
Sec.  121.135(a)(3). Finally, the FAA proposed to 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 proposed to include an additional requirement that each 
manual has the ``revision number'' on each revised page.
    A4A made two recommendations for changes in the final rule. First, 
A4A suggested that the FAA revise Sec.  121.135 (and similar proposed 
sections) to replace ``immediately'' with ``reasonably.'' A4A stated 
this change would allow electronic manuals to have the date displayed 
at a location that is reasonably accessible for an ordinary person 
using the manual, including at the top of the section (e.g., at the top 
of the table of contents displayed at the beginning of the screen), but 
not always visible after the user scrolls down in the manual. A4A 
believed safety would be

[[Page 34439]]

maintained because the user can easily access the revision date, such 
as scrolling to the top of the section to ascertain the revision date. 
A4A stated that requiring that a revision date be ``immediately'' 
available, regardless of scrolling, would be overly prescriptive and 
would require unnecessary retooling of existing manuals and software, 
which already allow users to easily determine the revision date by 
scrolling back to the top of the screen.
    The FAA has considered the recommendation and determined to keep 
the existing language of ``immediately'' in the rule. The FAA's intent 
in using ``immediately'' is to require that manuals have the date of 
last revision readily accessible in the manual that the crewmember is 
using. ``Immediately'' means that a crewmember could scroll to find the 
date within the open document. The FAA determined that ``reasonably'' 
is not specific enough of a term and open to interpretation. A 
crewmember must be able to ascertain quickly that they are using the 
most current version of the manual.
    A4A's second comment recommended that Sec.  121.135 (and similar 
proposed sections) provide further flexibility on the requirement to 
``display the date of last revision'' for manuals accessed in 
electronic format, which is a holdover requirement of paper manual 
systems. A4A stated that the objective of the requirement to display 
the date of last revision is to ensure and confirm that the technician 
is using the most up-to-date version of the manual. However, some 
operator systems have imposed revision access and control 
capabilities--i.e., systems that force aviation maintenance technicians 
to access only current, applicable manual data and information, 
preventing the use of outdated manuals. A4A asserted that such 
capabilities undoubtedly achieve FAA's objective without needing a 
display of the revision date. However, in some cases, these manuals may 
not have the revision date in the text of the electronic format manual 
because the aviation maintenance technician cannot access previous 
versions. Accordingly, A4A recommended that the FAA allow for both 
``display the date of last revision'' or ``ensure that only the last 
revision is accessible.''
    The FAA has considered the recommendation and has determined to 
adopt the revisions to Sec. Sec.  91.1025, 121.135, 125.73, and 135.23 
as proposed in the NPRM. The FAA is requiring that the date of last 
revision be present somewhere in an electronic manual and is leaving 
the choice of where to place that date on the air carrier. For revision 
control purposes, there needs to be a method to confirm that employees 
are using the most current manual when performing their job duties. The 
FAA determined that the most straightforward way to confirm use of the 
correct version is to display the date of revision while giving the air 
carrier the flexibility of determining where to put that date. 
Additionally, only having one version of the manual on the website does 
not ensure that it is the most current version.

B. Compatible Reading Device Update (Sec. Sec.  91.1023, 121.139, 
125.71, and 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.
    Specifically, the NPRM proposed to amend the requirements of 
Sec. Sec.  91.1023, 121.139, and 135.21 to reflect the ability 
operators now have to access manuals using electronic devices in order 
to download the manual or access it via the internet. The proposed 
amendments to Sec. Sec.  91.1023, 121.139, and 135.21 give certificate 
holders the flexibility to use technology in providing access to the 
electronic manual. Specifically, this final rule removes the 
requirement that certificate holders ``carry'' appropriate parts of the 
manual on each airplane when away from its principal base of 
operations. The NPRM proposed to 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 language 
ensures personnel always have access to the necessary information while 
performing their assigned duties.
    The FAA acknowledges that the 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 
final rule requires personnel to 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 final rule 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 will result in 
the removal of paragraphs (a) and (b), replacing them with a single 
paragraph. Further, the FAA proposed to amend Sec.  121.139 by changing 
the section heading to read ``Manual accessibility: Supplemental 
operations.''
    The NPRM also proposed to 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. The NPRM 
proposed requiring 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's 
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.
    The FAA received one comment on this proposal from an anonymous 
commenter. The anonymous commenter stated that the exception language 
in existing Sec.  121.139(b) is very similar to the exception language 
in Sec.  125.71(g). However, the FAA stated in the NPRM that the 
amendment to the similar requirement in Sec.  125.71 is not needed. The 
commenter believed the rationale for the change in Sec.  121.139 would 
appear to apply equally to Sec.  125.71(g). The commenter suggested the 
FAA review Sec.  125.71(g) again to determine if a similar change is 
warranted.
    The FAA has reviewed the comment and the section in question and 
determined that no change is warranted. Under current Sec.  121.139, 
certificate holders conducting supplemental operations are always 
required to carry manuals onboard the aircraft except if

[[Page 34440]]

the certificate holder performs all scheduled maintenance at specified 
stations where it keeps maintenance parts of the manual. The proposed 
revision would allow certificate holders to not carry the manuals 
onboard the aircraft as long as they are accessible while performing 
assigned duties, and thus this particularized exception is no longer 
needed. Section 125.71 requires that manuals must be made available, 
but it does not state that the manuals must be carried onboard the 
aircraft, as does Sec.  121.139. Therefore, no change is required. 
Accordingly, the FAA adopts all amendments to Sec. Sec.  91.1023, 
121.139, 125.71, and 135.21 as proposed.

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 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $165 million using the most 
current (2021) 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 
final rule: will result in benefits that justify costs; is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; will not have a significant economic 
impact on a substantial number of small entities; will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
will not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector.

A. Regulatory Impact Analysis

    The FAA estimates the rulemaking will not result in additional 
costs to affected operators that conduct operations under part 91, 
subpart K, and parts 121, 125, and 135. The rule provides flexibility 
for the efficient use of electronic manuals for these operators. The 
modified requirements also ensure consistency for manual requirements 
for these operators. These flexibilities may reduce the administrative 
costs of maintaining and providing manual accessibility to these 
operators. The FAA determines changes to the rule will not adversely 
affect safety.
    This rulemaking updates the manual display requirements for these 
affected operators to accommodate electronic manuals. In particular, 
the modified rules remove the requirement to have the date of last 
revision on each page concerned as it applies to operators using 
electronic manuals. This rule adds 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 rule also revises the current requirement to physically carry 
appropriate parts of the manual aboard airplanes for these operators. 
As a result, operators will have flexibility regarding how flight, 
ground, and maintenance personnel use electronic manuals and can 
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.\5\ 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.
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    \5\ 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. 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.
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    The FAA expects the incremental changes from this final rule to 
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 rulemaking and the 
flexibilities it will provide to operators conducting operations under 
part 91, subpart K, and parts 125 and 135.
    The Aviation Rulemaking Advisory Committee (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.\6\ The report found technological advances and the 
availability of internet connections have eliminated the need for paper 
manuals for these operators.
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    \6\ 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.
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    The report identified potential cost savings that 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 reported annual costs of approximately $500,000 for operators of 
part 121 airplanes to create paper manuals.\7\ If this is 
representative of current costs for all 64 affected part 121 
operators,\8\ then the estimated annual savings are $32,000,000 (= 
$500,000 x 64). Over a five-year period of analysis, the present value 
savings are 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

[[Page 34441]]

121 operator, and this rule also affects operators in part 91, subpart 
K, and parts 125 and 135 service.
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    \7\ It is unclear if this estimate is net of incremental costs 
that would occur due to this final rule and does not include costs 
that would result regardless of this change.
    \8\ At the time of writing, there were 64 active part 121 
certificate holders (data accessed January 14, 2022).
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    The changes in this rulemaking will not have an adverse impact on 
safety because flightcrew members or inspectors will continue to be 
able to identify and ensure the manual or appropriate parts are up-to-
date. Likewise, the changes to manual accessibility to these operators 
have no adverse impact on safety because flight, ground, and 
maintenance personnel have access to the necessary parts of the manual 
wherever these operators conduct their operations.
    In addition, the FAA has determined no adverse safety implication 
will result from the final rule 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 rule alone will 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 will temporarily halt. While this may affect 
operations, it ensures that no adverse effect on safety occurs.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, (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 rule removes the requirement to have the date of last revision 
on each page concerned, as it applies to part 91, subpart K, and parts 
121, 125, and 135 operators using electronic manuals and adds 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 rulemaking also 
revises the current requirement to carry appropriate parts of the 
manual aboard airplanes for these operators. As a result, this 
rulemaking provides operators with flexibility regarding how flight, 
ground, and maintenance personnel access the appropriate parts of the 
manual. The rulemaking, therefore, enables these operators to use 
electronic manuals efficiently and provide access to the manual 
information in a manner that reflects current technological 
capabilities.
    The rulemaking will not result in additional costs to affected 
operators. The rulemaking does not mandate the use of an electronic 
format for manuals. Rather, the rule provides 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 
will not incur savings from this rule because they currently benefit 
from these flexibilities.
    Therefore, as provided in 5 U.S.C. 605(b), the head of the FAA 
certifies that this rulemaking will 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 rulemaking and determined that it 
will have only a domestic impact and, therefore, will 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 this final rule will not result in 
the expenditure of $165 million 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 rule does not include 
any new requirement for information collection or changes to existing 
information collections associated with this final rule. The existing 
information collection associated with all part 121 manual requirements 
was approved under Office of Management and Budget (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 rulemaking 
does 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 rule does 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 rulemaking does 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, was approved under OMB

[[Page 34442]]

control number 2120-0684, Fractional Ownership Programs. This 
collection attributes the burden with manuals to Sec.  91.1023. The FAA 
has determined this rulemaking does not require any adjustment in the 
estimate of public or government burden under the Paperwork Reduction 
Act.

F. International Compatibility

    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 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from the preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) 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 final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will 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, will not have federalism 
implications.

B. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\9\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\10\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes; or to affect uniquely or significantly 
their respective Tribes. The FAA has not identified any unique or 
significant effects, environmental or otherwise, on tribes resulting 
from this final rule.
---------------------------------------------------------------------------

    \9\ 65 FR 67249 (Nov. 6, 2000).
    \10\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

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

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

D. Executive Order 13609, Promoting International Regulatory 
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 will have no 
effect on international regulatory cooperation.

VII. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this 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 final 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 on 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 amendment number of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

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 Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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-

[[Page 34443]]

47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.1023 by:
0
a. Revising paragraphs (f) and (g);
0
b. Removing paragraph (h); and
0
c. 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. 3186 (49 U.S.C. 44701 note).

0
5. Amend Sec.  121.135 by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding the word ``and'' at the end of paragraph (a)(2);
0
c. Removing paragraph (a)(3); and
0
d. Redesignating paragraph (a)(4) as paragraph (a)(3).
    The revision reads as follows:


Sec.  121.135  Manual contents.

    (a) 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. Each manual required by Sec.  121.133 
must:
* * * * *

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), 40113, 41706, 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:
0
a. Revising paragraphs (f) and (g); and
0
b. 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 under authority provided by 49 U.S.C. 106(f), 106(g), and 
44701(a)(5), in Washington, DC on or about May 22, 2023.
Billy Nolen,
Acting Administrator.
[FR Doc. 2023-11246 Filed 5-26-23; 8:45 am]
BILLING CODE 4910-13-P