Rule2023-23656
Removal of the Prohibition Against Certain Flights in Specified Areas of the Dnipro Flight Information Region (FIR) (UKDV)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 26, 2023
Effective
October 27, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action removes the current flight prohibition Special Federal Aviation Regulation (SFAR) for specified areas of the Dnipro Flight Information Region (FIR) (UKDV). This SFAR, which is scheduled to expire on October 27, 2023, reflects risks to the safety of U.S. civil aviation as they existed prior to the Russian Federation's full- scale invasion of Ukraine in February 2022 and is therefore obsolete. This action is necessary to alleviate confusion that might otherwise result from leaving an obsolete rule in the Code of Federal Regulations (CFR) after its scheduled expiration date of October 27, 2023. FAA Notice-to-Air-Missions (NOTAM) KICZ A0004/22 remains in effect and continues to prohibit U.S. civil flight operations in the Lviv (UKLV), Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs, as well as the Kyiv Upper Information Region (UIR) (UKBU). NOTAM KICZ A0004/22, together with NOTAMs KICZ A0003/22 and A0005/22, reflects the FAA's current assessment of the safety-of-flight risks the Russia- Ukraine conflict presents to U.S. civil aviation operations.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 206 (Thursday, October 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Pages 73529-73532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23656]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 /
Rules and Regulations
[[Page 73529]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2014-0225; Amdt. No. 91-331H]
RIN 2120-AL95
Removal of the Prohibition Against Certain Flights in Specified
Areas of the Dnipro Flight Information Region (FIR) (UKDV)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action removes the current flight prohibition Special
Federal Aviation Regulation (SFAR) for specified areas of the Dnipro
Flight Information Region (FIR) (UKDV). This SFAR, which is scheduled
to expire on October 27, 2023, reflects risks to the safety of U.S.
civil aviation as they existed prior to the Russian Federation's full-
scale invasion of Ukraine in February 2022 and is therefore obsolete.
This action is necessary to alleviate confusion that might otherwise
result from leaving an obsolete rule in the Code of Federal Regulations
(CFR) after its scheduled expiration date of October 27, 2023. FAA
Notice-to-Air-Missions (NOTAM) KICZ A0004/22 remains in effect and
continues to prohibit U.S. civil flight operations in the Lviv (UKLV),
Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs,
as well as the Kyiv Upper Information Region (UIR) (UKBU). NOTAM KICZ
A0004/22, together with NOTAMs KICZ A0003/22 and A0005/22, reflects the
FAA's current assessment of the safety-of-flight risks the Russia-
Ukraine conflict presents to U.S. civil aviation operations.
DATES: This final rule is effective on October 27, 2023.
FOR FURTHER INFORMATION CONTACT: Bill Petrak, Flight Standards Service,
through the Washington Operations Center, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-3203; email <a href="/cdn-cgi/l/email-protection#60594d2621214d2f16051213050113260c0907081430120f0809020914090f0e13200601014e070f16"><span class="__cf_email__" data-cfemail="8bb2a6cdcacaa6c4fdeef9f8eeeaf8cde7e2ece3ffdbf9e4e3e2e9e2ffe2e4e5f8cbedeaeaa5ece4fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This action removes the FAA's current flight prohibition SFAR for
specified areas of the Dnipro FIR (UKDV), SFAR No. 113, 14 CFR
91.1607.\1\ SFAR No. 113, Sec. 91.1607, which is scheduled to expire
on October 27, 2023, reflects risks to the safety of U.S. civil
aviation as they existed prior to the Russian Federation's full-scale
invasion of Ukraine in February 2022 and is therefore obsolete. This
action is necessary to alleviate confusion that might otherwise result
from leaving an obsolete rule in the CFR after its scheduled expiration
date of October 27, 2023. NOTAM KICZ A0004/22 remains in effect and
continues to prohibit U.S. civil flight operations in the Lviv (UKLV),
Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs,
as well as the Kyiv UIR (UKBU). NOTAM KICZ A0004/22, together with
NOTAMs KICZ A0003/22 and A0005/22,\2\ reflects the FAA's current
assessment of the safety-of-flight risks the Russia-Ukraine conflict
presents to U.S. civil aviation operations.
---------------------------------------------------------------------------
\1\ In its May 24, 2018, Aeronautical Information Regulation and
Control (AIRAC 1806) publication, the Ukrainian State Air Traffic
Services Enterprise, the air navigation service provider for
Ukraine, renamed the FIR formerly known as the Dnipropetrovsk FIR
(UKDV) the Dnipro FIR (UKDV). This rule uses the current FIR name,
including in historical references to the FIR.
\2\ NOTAM KICZ A0003/22 prohibits U.S. civil aviation operations
in the Minsk FIR (UMMV), and NOTAM KICZ A0005/22 prohibits U.S.
civil aviation operations in specified areas of the Moscow (UUWV),
Samara (UWWW), and Rostov-na Donu (URRV) FIRs within the 160
nautical miles of the boundaries of those FIRs and the Ukrainian-
managed FIRs described in NOTAM KICZ A0005/22.
---------------------------------------------------------------------------
II. Authority and Good Cause
A. Authority
The FAA is responsible for the safety of flight in the U.S. and for
the safety of U.S. civil operators, U.S.-registered civil aircraft, and
U.S.-certificated airmen throughout the world. Sections 106(f) and (g)
of title 49, U.S. Code (U.S.C.), subtitle I, establish the FAA
Administrator's authority to issue rules on aviation safety. Subtitle
VII of title 49, Aviation Programs, describes in more detail the scope
of the agency's authority. Section 40101(d)(1) provides that the
Administrator shall consider in the public interest, among other
matters, assigning, maintaining, and enhancing safety and security as
the highest priorities in air commerce. Section 40105(b)(1)(A) requires
the Administrator to exercise this authority consistently with the
obligations of the U.S. Government under international agreements.
The FAA is promulgating this rule under the authority described in
49 U.S.C. 44701, General requirements. Under that section, the FAA is
charged broadly with promoting safe flight of civil aircraft in air
commerce by prescribing, among other things, regulations and minimum
standards for practices, methods, and procedures that the Administrator
finds necessary for safety in air commerce and national security.
This regulation is within the scope of the FAA's authority because
it removes an obsolete flight prohibition that prohibits the persons
described in paragraph (a) of SFAR No. 113, Sec. 91.1607, from
conducting flight operations in specified areas of the Dnipro FIR
(UKDV) only. The February 2022 full-scale Russian invasion of Ukraine
and the ensuing armed conflict between the Russian Federation and
Ukraine significantly expanded the area of unacceptable safety-of-
flight risks to U.S. civil aviation beyond the boundaries of SFAR No.
113, Sec. 91.1607. To address the resulting emergency related to
safety in air commerce, which required immediate action, the FAA
Administrator issued emergency orders, as authorized by 49 U.S.C.
46105(c), in the form of NOTAMs KICZ A0003/22, A0004/22, and A0005/22.
As described in NOTAMs KICZ A0003/22, A0004/22, and A0005/22, these
emergency orders prohibit U.S. civil aviation operations throughout all
of the FIRs managed by Belarus and Ukraine and in specified areas of
certain FIRs managed by the Russian Federation. The FAA has determined
it is not practicable at this time to give preference to a proceeding
to incorporate the flight prohibition contained in NOTAM KICZ A0004/22
into the CFR, because the Russia-
[[Page 73530]]
Ukraine conflict and the associated areas of unacceptable safety-of-
flight risks to U.S. civil aviation have yet to stabilize sufficiently.
B. Good Cause for Immediate Adoption
Section 553(b)(B) of title 5, U.S. Code, authorizes agencies to
dispense with notice and comment procedures for rules when the agency
for ``good cause'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Also, section 553(d)
permits agencies, upon a finding of good cause, to issue rules with an
effective date less than 30 days from the date of publication. In this
instance, the FAA finds good cause to forgo notice and comment and the
delayed effective date because they would be unnecessary.
This action removes SFAR No. 113, Sec. 91.1607, which only
prohibits U.S. civil aviation operations in specified areas of the
Dnipro FIR (UKDV) and is scheduled to expire on October 27, 2023. As
previously described, the February 2022 full-scale Russian invasion of
Ukraine and the ensuing armed conflict between the Russian Federation
and Ukraine significantly expanded the area of unacceptable safety-of-
flight risks to U.S. civil aviation, leading the FAA to issue NOTAMs
KICZ A0003/22, A0004/22, and A0005/22 to address the resulting
emergency related to safety in air commerce. NOTAM KICZ A0004/22
prohibits U.S. civil aviation operations in all of the FIRs managed by
Ukraine, including the specified areas of the Dnipro FIR (UKDV) in
which SFAR No. 113, Sec. 91.1607, prohibits U.S. civil aviation
operations. NOTAM KICZ A0004/22 remains in effect until modified,
superseded, or rescinded by the FAA.
Leaving SFAR No. 113, Sec. 91.1607, in the CFR after its scheduled
expiration date of October 27, 2023, might confuse the regulated
community. Therefore, to alleviate the potential for confusion, the FAA
is removing SFAR No. 113, Sec. 91.1607. This action is ministerial in
nature as it is only removing an expired provision from the CFR and has
no substantive effect on the public.
For the reasons previously described, the FAA finds that providing
notice and seeking public comment under 5 U.S.C. 553(b)(B) are
unnecessary. For the same reasons, the FAA finds that good cause exists
under 5 U.S.C. 553(d) for making this rule effective in less than 30
days. Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.
III. Background and Discussion of the Final Rule
On April 25, 2014, the FAA published SFAR No. 113, Sec. 91.1607,
which initially prohibited certain flight operations in a portion of
the Simferopol FIR (UKFV) after Russia unlawfully seized Crimea from
Ukraine.\3\ In the months that followed, the ensuing violence and the
associated safety-of-flight risks to U.S. civil aviation expanded to
encompass the entirety of the Simferopol and Dnipro FIRs (UKFV and
UKDV, respectively). Tragically, Malaysia Airlines Flight 17 (MH 17)
was shot down on July 17, 2014, while flying over Ukraine at 33,000
feet, just west of the Russian border. All of the 298 passengers and
crew on board MH 17 perished.
---------------------------------------------------------------------------
\3\ Prohibition Against Certain Flights in the Simferopol (UKFV)
Flight Information Region (FIR) final rule, 79 FR 22862 (Apr. 25,
2014).
---------------------------------------------------------------------------
The FAA determined the use of weapons capable of targeting and
shooting down aircraft flying on civil air routes at cruising altitudes
posed a dangerous threat to U.S. civil aviation operating in the
Simferopol and Dnipro FIRs (UKFV and UKDV, respectively). On July 18,
2014, Coordinated Universal Time (UTC), the FAA issued NOTAM FDC 4/
2182, which prohibited U.S. civil aviation operations in the entirety
of the Simferopol and Dnipro FIRs (UKFV and UKDV, respectively). The
FAA subsequently incorporated that flight prohibition into SFAR No.
113, Sec. 91.1607, on December 29, 2014.\4\
---------------------------------------------------------------------------
\4\ Prohibition Against Certain Flights in the Simferopol (UKFV)
and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs) final
rule, 79 FR 77857 (Dec. 29, 2014).
---------------------------------------------------------------------------
In the years that followed, the FAA determined security and safety
conditions had stabilized sufficiently in certain portions of the
Simferopol and Dnipro FIRs (UKFV and UKDV, respectively) for U.S. civil
aviation operations to resume safely.\5\ Most recently, in an October
2021 final rule,\6\ the FAA determined that an unacceptable level of
inadvertent risk to U.S. civil aviation operations remained in the
specified areas of the Dnipro FIR (UKDV), which included the airspace
over and near the line of contact, as it existed at that time, where
most cease-fire violations occurred. Tensions remained elevated, in
part due to the heightened Russian military force posturing in Crimea
and along the Russia-Ukraine border and increases in cease-fire
violations. In addition, the conflict between Ukraine and Russian-back
separatists in eastern Ukraine continued. These circumstances resulted
in continued inadvertent risk to U.S. civil aviation operations due to
the potential for miscalculation or misidentification.
---------------------------------------------------------------------------
\5\ Amendment of the Prohibition Against Certain Flights in
Specified Areas of the Simferopol and Dnipropetrovsk Flight
Information Regions (FIRs) (UKFV and UKDV) final rule, 83 FR 52954
(Oct. 19, 2018); Amendment of the Prohibition Against Certain
Flights in Specified Areas of the Simferopol and Dnipropetrovsk
Flight Information Regions (FIRs) (UKFV and UKDV) final rule, 85 FR
65678 (Oct. 16, 2020); and Extension of the Prohibition Against
Certain Flights in Specified Areas of the Dnipro Flight Information
Region (FIR) (UKDV) final rule, 86 FR 55485 (Oct. 6, 2021).
\6\ Extension of the Prohibition Against Certain Flights in
Specified Areas of the Dnipro Flight Information Region (FIR) (UKDV)
final rule, 86 FR 55485 (Oct. 6, 2021).
---------------------------------------------------------------------------
The February 2022 full-scale Russian invasion of Ukraine greatly
expanded the area of unacceptable safety-of-flight risks to U.S. civil
aviation to include the entirety of Ukrainian territorial airspace, as
well as the international airspace of all of the FIRs managed by
Ukraine. On February 24, 2022, the FAA issued NOTAM KICZ A0004/22,
prohibiting U.S. civil aviation operations in all of the FIRs managed
by Ukraine at all altitudes.
The FAA has determined the situation in all of the FIRs managed by
Ukraine continues to pose an unacceptable level of risk for U.S. civil
aviation safety. Conflict-related risks affecting civil aviation in
these FIRs include near-daily attacks using weaponized unmanned
aircraft systems (UAS), cruise missiles, and attack helicopters,
resulting in the increased defensive use of advanced surface-to-air
missile systems and electronic warfare. The Russian Federation has
demonstrated its continuing capability and intent to use standoff
strike capabilities to engage targets throughout Ukraine, including the
capital, Kyiv, and Lviv, located in western Ukraine near the border
with Poland. In June 2023, Ukraine launched its anticipated
counteroffensive in eastern and southern Ukraine, prompting increased
Russian standoff attacks to put pressure on the Ukrainian government.
The protracted conflict is expected to continue in the near to mid-
term, despite minimal changes in territorial control so far as the
Ukraine counteroffensive takes shape. It remains unclear when and how
the conflict, and the associated areas of unacceptable safety-of-flight
risks to U.S. civil aviation, may eventually stabilize. Under these
circumstances, the FAA has determined it is not practicable to give
preference to a proceeding to incorporate the flight prohibition
contained in NOTAM KICZ A0004/22 into the CFR at this time.
The current version of SFAR No. 113, Sec. 91.1607, which only
prohibits U.S. civil aviation operations in specified
[[Page 73531]]
areas of the Dnipro FIR (UKDV) and which the FAA issued prior to the
February 2022 full-scale Russian invasion of Ukraine, does not reflect
the area in which the FAA has determined unacceptable safety-of-flight
risks to U.S. civil aviation currently exist as a result of the Russia-
Ukraine conflict. Leaving this obsolete rule in the CFR after its
scheduled expiration date of October 27, 2023, has the potential to
confuse the regulated community about the FAA's flight prohibition
posture with respect to U.S. civil aviation operations in the FIRs
managed by Ukraine. Therefore, the FAA is removing SFAR No. 113, Sec.
91.1607 from the CFR. NOTAM KICZ A0004/22 remains in effect and
continues to prohibit U.S. civil aviation operations in the Lviv
(UKLV), Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV)
FIRs, as well as the Kyiv Upper Information Region (UIR).\7\
---------------------------------------------------------------------------
\7\ NOTAMS KICZ A0003/22 and A0005/22 also remain in effect.
---------------------------------------------------------------------------
The FAA will continue to closely monitor the conflict for changes
in the risk environment as it relates to the safety and security of
U.S. civil aviation.
IV. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Orders 12866 and 13563, as amended by Executive Order 14094
(``Modernizing Regulatory Review''), direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as codified in
5 U.S.C. 603 et seq., requires agencies to analyze the economic impact
of regulatory changes on small entities. Third, the Trade Agreements
Act of 1979 (Pub. L. 96-39), as codified in 19 U.S.C. Chapter 13,
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Agreements Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or Tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
In conducting these analyses, the FAA has determined this final
rule has benefits that justify its costs. This rule is a nonsignificant
significant regulatory action, as defined in section 3(f) of Executive
Order 12866 as amended by Executive Order 14094. As 5 U.S.C. 553 does
not require notice and comment for this final rule, 5 U.S.C. 603 and
604 do not require regulatory flexibility analyses regarding impacts on
small entities. This rule will not create unnecessary obstacles to the
foreign commerce of the United States. This rule will not impose an
unfunded mandate on State, local, or Tribal governments, or on the
private sector, by exceeding the threshold identified previously.
A. Regulatory Evaluation
This rule removes the flight prohibition SFAR for specified areas
of the Dnipro FIR (UKDV). Given that the Russia-Ukraine conflict and
the associated areas of unacceptable safety-of-flight risks to U.S.
civil aviation have yet to stabilize sufficiently, the FAA has
determined it is not practicable to give preference to a proceeding to
incorporate the flight prohibition contained in NOTAM KICZ A0004/22
into the CFR at this time. To avoid the potential confusion that
leaving the obsolete flight prohibition in the CFR after its scheduled
expiration date might cause, the FAA is removing SFAR No. 113, Sec.
91.1607.
U.S. civil flight operations in the Lviv (UKLV), Kyiv (UKBV),
Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs, as well as the
Kyiv UIR (UKBU), remain prohibited by NOTAM KICZ A0004/22. Accordingly,
the removal of SFAR No. 113, Sec. 91.1607, which prohibits U.S. civil
aviation operations in airspace fully encompassed within the much
larger area of airspace in which NOTAM KICZ A0004/22 prohibits U.S.
civil aviation operations, has no incremental costs. This rule
alleviates the potential for confusion amongst the regulated community.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever 5 U.S.C. 553 or any other law
requires an agency to publish a general notice of proposed rulemaking
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to
prepare a final regulatory flexibility analysis when an agency issues a
final rule under 5 U.S.C. 553 after that section or any other law
requires publication of a general notice of proposed rulemaking. The
FAA concludes good cause exists to forgo notice and comment and to not
delay the effective date for this rule. As 5 U.S.C. 553 does not
require notice and comment in this situation, 5 U.S.C. 603 and 604
similarly do not require regulatory flexibility analyses.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 this Act, 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.
This rule removes an existing prohibition on U.S. civil aviation
operations in specified areas of the Dnipro FIR (UKDV), a location
outside the United States, that is scheduled to expire on October 27,
2023. As this rule relates to a location outside the United States, the
rule complies with the Trade Agreements Act of 1979.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $177 million in lieu of $100
million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA to consider the impact of paperwork and other information
collection burdens it imposes on the public. The FAA has
[[Page 73532]]
determined no new requirement for information collection is associated
with this final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, the FAA's policy is to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined no ICAO Standards and Recommended Practices correspond to
this regulation. The FAA finds this action is fully consistent with the
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure the FAA exercises
its duties consistently with the obligations of the United States under
international agreements.
G. Environmental Analysis
The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions, and DOT Order
5610.1C, Paragraph 16. Executive Order 12114 requires the FAA to be
informed of environmental considerations and take those considerations
into account when making decisions on major Federal actions that could
have environmental impacts anywhere beyond the borders of the United
States. The FAA has determined this action is exempt pursuant to
Section 2-5(a)(i) of Executive Order 12114 because it does not have the
potential for a significant effect on the environment outside the
United States.
In accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8-6(c), the FAA has prepared a
memorandum for the record stating the reason(s) for this determination
and has placed it in the docket for this rulemaking.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132. The agency has determined 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.
Therefore, this rule will not have federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this rule under Executive Order 13211. The agency
has determined it is not a ``significant energy action'' under the
executive order and will not be likely to have a significant adverse
effect on the supply, distribution, or use of energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609 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.
VI. Additional Information
A. Electronic Access
Except for classified and controlled unclassified material not
authorized for public release, all documents the FAA considered in
developing this rule, including economic analyses and technical
reports, may be accessed from the internet through the docket for this
rulemaking.
Those documents may be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
using the docket number listed above. A copy of this 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 <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A copy may also be found at the FAA's
Regulations and Policies website at <a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
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.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) (Pub. L. 104-121) (set forth as a note to 5 U.S.C. 601)
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 persons listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">http://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Ukraine.
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, 47528-47531, 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).
Sec. 91.1607 [Reserved]
0
2. Remove and reserve Sec. 91.1607.
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5).
Polly E. Trottenberg,
Acting Administrator.
[FR Doc. 2023-23656 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.