Incorporation by Reference of ICAO Annex 2; Removal of Outdated North Atlantic Minimum Navigation Performance Specifications, 39660-39664 [2017-17674]

Download as PDF 39660 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES immediately begin reinspecting all imported Siluriformes fish and fish product shipments https:// www.congress.gov/crec/2017/05/03/ CREC-2017-05-03-bk2.pdf). FSIS announced its intention to begin this reinspection in a Federal Register notice on July 3, 2017 (‘‘Import Reinspection of Fish of the Order Siluriformes’’ (82 FR 30721)). FSIS held a series of domestic and import educational meetings when the final rule initially published in December 2015. More recently, in June and July 2017, FSIS held additional educational meetings in Richmond, VA, and Baltimore, MD. Another educational meeting is scheduled for August 24, 2017, in Memphis, TN. FSIS has gained significant insight into the domestic and importing Siluriformes fish industries during the transitional period. FSIS is announcing this educational meeting to provide updates regarding full implementation of the regulatory requirements and to exchange information with operations that process wild-caught Siluriformes fish and fish products, and thus encourages representatives and parties involved in this industry to attend the educational meetings. The Agency is particularly interested in gaining additional insight into how the wild-caught Siluriformes fish arrive at processing facilities, where the wild-caught Siluriformes fish are sourced, daily production volume information for these facilities, and where the final Siluriformes fish and fish products are being sold or distributed after processing. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http:// www.fsis.usda.gov/federal-register. FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: VerDate Sep<11>2014 16:39 Aug 21, 2017 Jkt 241001 http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. DEPARTMENT OF TRANSPORTATION USDA Non-Discrimination Statement RIN 2120–AK88 No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. Incorporation by Reference of ICAO Annex 2; Removal of Outdated North Atlantic Minimum Navigation Performance Specifications How To File a Complaint of Discrimination To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http:// www.ocio.usda.gov/sites/default/files/ docs/2012/Complain_combined_6_8_ 12.pdf, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250–9410, Fax: (202) 690–7442, Email: program.intake@ usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Done at Washington, DC, on: August 17, 2017. Paul Kiecker, Acting Administrator. [FR Doc. 2017–17757 Filed 8–21–17; 8:45 am] BILLING CODE 3410–DM–P PO 00000 Federal Aviation Administration 14 CFR Part 91 [Docket No.: FAA–2016–9154; Amdt. No. 91–348] Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This rule better aligns FAA regulations regarding the North Atlantic (NAT) Minimum Navigation Performance Specifications (MNPS) with the relevant International Civil Aviation Organization (ICAO) standards. The ICAO NAT Region is transitioning from the decades-old MNPS navigation specification to a more modern, Performance-Based Navigation (PBN) specification. This rule also incorporates by reference the current version of Annex 2 (‘‘Rules of the Air’’) to the Convention on International Civil Aviation (the ‘‘Chicago Convention’’), hereinafter referred to as ‘‘ICAO Annex 2,’’ in the FAA’s regulations. DATES: This regulation is effective October 23, 2017. The incorporation by reference of the publication listed in the rule is approved by the Director of the Federal Register as of October 23, 2017. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ‘‘How To Obtain Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Kevin C. Kelley, Flight Technologies Division, Flight Standards Service, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–8854; email Kevin.C.Kelley@ faa.gov. For questions about ICAO Annex 2, contact the FAA’s Office of International Affairs at (202) 267–1000. SUPPLEMENTARY INFORMATION: SUMMARY: Authority for This Rulemaking 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. The FAA’s authority to issue rules on aviation safety is found in title 49 United States Code (U.S.C.). Subtitle I, Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations Section 106(f) and (g), describe the authority of the FAA Administrator. 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 his authority consistently with the obligations of the U.S. Government under international agreements. This rule is promulgated under the authority described in title 49, subtitle VII, part A, subpart III, section 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 rule is also promulgated pursuant to title 49 U.S.C. 40103(b)(1) and (2), which charge the FAA with issuing regulations: (1) To ensure the safety of aircraft and the efficient use of airspace; and (2) to govern the flight of aircraft for purposes of navigating, protecting and identifying aircraft, and protecting individuals and property on the ground. This regulation is within the scope of FAA’s authority under the statutes cited above, because it amends 14 CFR 91.703, 91.705, 91.905, and 91.1027 and Appendices C and G to part 91, to better align FAA regulations with changes to international standards for operations in airspace over the high seas. This rule also incorporates by reference the current version of ICAO Annex 2 in FAA regulations. sradovich on DSK3GMQ082PROD with RULES I. Background A. Summary of the NPRM On September 29, 2016, the FAA published an NPRM (81 FR 66877) in which it proposed several amendments to part 91 to improve the alignment between FAA regulations and ICAO standards relevant to operations over the North Atlantic and in other airspace over the high seas. As a result of ICAO renaming the NAT MNPS airspace as the NAT High Level Airspace (NAT HLA) and requiring PBN specifications to operate in NAT HLA by January 2020, the references to NAT MNPS in FAA regulations are outdated. Accordingly, the FAA proposed to remove all instances of MNPS in 14 CFR part 91. VerDate Sep<11>2014 16:39 Aug 21, 2017 Jkt 241001 In the NPRM, the FAA also stated that the prescriptive references to navigational specifications in part 91 were not necessary, since operators are required to comply with ICAO Annex 2, when operating over the high seas. Article 12 of the Chicago Convention states, in pertinent part, ‘‘Over the high seas, the rules in force [with respect to the flight and maneuver of aircraft] shall be those established under this Convention.’’ The Foreword to ICAO Annex 2 further states that the ICAO ‘‘. . . Council resolved, in adopting Annex 2 in April 1948 and Amendment 1 to the said Annex in November 1951, that the Annex constitutes [r]ules relating to the flight and [maneuver] of aircraft within the meaning of Article 12 of the [Chicago] Convention.’’ The Foreword to ICAO Annex 2 further states that, ‘‘[o]ver the high seas, therefore, these rules apply without exception.’’ The international standard in ICAO Annex 2, paragraph 5.1.1, states that: ‘‘Aircraft shall be equipped with suitable instruments and with navigation equipment appropriate to the route to be flown.’’ In the NPRM, the FAA also proposed to incorporate by reference the current version of ICAO Annex 2. II. Discussion of Public Comments and Final Rule A. Comments and Final Rule The FAA did not receive any comments on the NPRM. With this final rule, the FAA adopts the changes as proposed, except as follows. First, in § 91.703, the name of the relevant ICAO unit, the name of the street on which the unit is located, the address of the unit’s Web site, and the address of the National Archives and Records Administration (NARA) Web site where information about material incorporated by reference into Federal regulations can be found have all been updated in the final rule to reflect current information. Second, the FAA neglected to include the relevant ICAO unit’s telephone number and email address, as well as the agency phone number for questions from the public regarding ICAO Annex 2, in the NPRM and includes them in this final rule. Third, in the NPRM, the FAA also proposed to remove, but inadvertently neglected to propose to reserve for future use, § 91.705 and Appendix C to part 91. The FAA reserves for future use § 91.705 and Appendix C to part 91 in this final rule. These are minor technical changes that have no substantive effect on regulated entities. Except as described in this paragraph, explanations for the changes to §§ 91.703, 91.705, and 91.1027 and PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 39661 Appendices C and G to part 91 are contained in the NPRM. Further, in preparing the final rule, the FAA also discovered that it had not proposed to remove the reference to ‘‘91.705 Operations within the North Atlantic Minimum Navigation Performance Specifications Airspace’’ from the list of rules subject to waiver in § 91.905 although the NPRM proposed to remove, and this final rule does remove, § 91.705 from the CFR. Consequently, removing the reference to § 91.705 from the list of rules subject to waiver in § 91.905 has no substantive effect on regulated entities. The FAA removes the reference to § 91.705 from § 91.905 in this final rule. B. Incorporation by Reference As part of the changes proposed in the NPRM, the FAA proposed to incorporate by reference the current version of ICAO Annex 2, up to and including Amendment 45, applicable on November 10, 2016. ICAO Annex 2 contains the ICAO standards that make up the rules of the air applicable to the flight and maneuver of civil aircraft operating over the high seas. ICAO Annex 2, including all amendments through Amendment 32, was incorporated by reference into § 91.703, effective April 9, 1997 (62 FR 17480, Apr. 9, 1997). Since then, an additional thirteen amendments to ICAO Annex 2 have been published, creating an ambiguity about the version of ICAO Annex 2 applicable to operators of U.S.registered civil aircraft in high seas airspace. The amendments to ICAO Annex 2 since the previous incorporation by reference are described in Table 1 in the NPRM (81 FR at 66878). The FAA noted in the proposed rule that the incorporation by reference of ICAO Annex 2 in § 91.703 did not include the proper language conveying the approval of the Director of the Federal Register. The FAA proposed to incorporate by reference the current version of ICAO Annex 2, including appropriate language to reflect the approval of the Director of the Federal Register. This final rule incorporates by reference ICAO Annex 2, up to and including Amendment 45, applicable on November 10, 2016, into § 91.703. ICAO Annex 2 is available through the International Civil Aviation Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada. Also, you may obtain this document on the Internet at http:// store1.icao.int/ or by contacting the ICAO Marketing and Customer Relations Unit by telephone at (514) E:\FR\FM\22AUR1.SGM 22AUR1 39662 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 954–8022 or by email at sales@icao.int. It is also available for inspection at the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. sradovich on DSK3GMQ082PROD with RULES III. Regulatory Notices and Analyses A. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. 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 its 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. 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) 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. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this rule. The reasoning for this determination follows. This rulemaking better aligns the FAA’s regulations regarding operations in NAT airspace with the relevant ICAO standards. ICAO’s NAT Region is transitioning from the decades-old MNPS navigation specification to a more modern, PBN specification. The FAA is also incorporating by reference the current version of ICAO Annex 2 in VerDate Sep<11>2014 16:39 Aug 21, 2017 Jkt 241001 § 91.703. This action removes all references to MNPS from 14 CFR part 91 and will not impose any new requirements. Under the Chicago Convention, flights operating in international airspace over the high seas must follow the international standards set forth in ICAO Annex 2. United States operators have historically complied with provisions relevant to high seas airspace in ICAO Annex 2. As operators are already complying with ICAO’s provisions relevant to operations over the high seas, the FAA believes this rule removing references to MNPS from 14 CFR part 91 and incorporating by reference the current version of ICAO Annex 2 will impose minimal cost. The FAA requested comments on this determination and received none. Therefore, the FAA maintains that this final rule will impose only minimal cost, has determined that this rule is not a ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866, and is not ‘‘significant’’ as defined in DOT’s Regulatory Policies and Procedures. B. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96–354) (RFA) establishes ‘‘as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.’’ To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.’’ The RFA covers a wide-range of small entities, including small businesses, not-forprofit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 The FAA recognizes that there are substantial numbers of small entities operating aircraft over the high seas. This rule, however, does not impose a significant economic impact. Flights in international airspace over the high seas must follow the international standards set forth in ICAO Annex 2. Today, United States operators comply with ICAO Annex 2 when flying over the high seas. This rule updates United States regulations to better align with the current version of ICAO Annex 2 effective in high seas airspace, and imposes no new requirements. Thus, all affected entities will incur only minimal costs. The FAA requested and received no comment on the proposed minimal cost determination, and therefore maintains the same minimal cost determination for the final rule. Therefore, as provided in section 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 rule and determined that it improves alignment between FAA regulations and international ICAO standards for the purpose of protecting safety. Consequently, the rule complies with the Trade Agreements Act, as amended by the Uruguay Round Agreements Act. 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 E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 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 $155 million in lieu of $100 million. This 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 that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule. F. International Compatibility In keeping with U.S. obligations under the Chicago Convention, it is FAA policy to conform to ICAO Standards and Recommended Practices to the maximum extent practicable. The FAA has published differences with ICAO Annex 2 in the United States Aeronautical Information Publication (AIP), section GEN 1.7, ‘‘Differences From ICAO Standards, Recommended Practices, and Procedures.’’ The differences listed in the U.S. AIP for ICAO Annex 2 are minor in nature and have no relation to the ICAO Annex 2 requirement for aircraft to be operated with navigation equipment appropriate to the route to be flown. This is consistent with the FAA’s support of international compatibility and its obligations under the Chicago Convention. G. Environmental Analysis FAA Order 1050.1F 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 5–6.6 and involves no extraordinary circumstances. IV. Executive Order Determinations sradovich on DSK3GMQ082PROD with RULES A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency 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 VerDate Sep<11>2014 16:39 Aug 21, 2017 Jkt 241001 levels of government, and, therefore, does 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, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that this rule 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. C. Executive Order 13609, International Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policy and agency responsibilities of Executive Order 13609, Promoting International Regulatory Cooperation and has determined that it will support international regulatory cooperation. This rule removes potential ambiguities about the version of ICAO Annex 2 applicable to the operations of U.S.registered civil aircraft over the high seas. ICAO Annex 2 contains the international standards applicable to civil aircraft operations over the high seas. This rule also removes outdated references to MNPS, consistent with ICAO’s transition to PBN specifications for operations in the NAT HLA. D. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, directs that, unless prohibited by law, whenever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed. In addition, any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs. Only those rules deemed significant under section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review,’’ are subject to these requirements. As determined in Section IV.A., above, this is not a significant rule under Executive Order PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 39663 12866. Accordingly, this rule is not subject to the requirements of Executive Order 13771. V. How To Obtain Additional Information A. Rulemaking Documents An electronic copy of a rulemaking document may be obtained by using the Internet— 1. Search the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visit the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations_policies/ or 3. Access the Government Publishing Office’s Web page at http:// www.gpo.gov/fdsys/. Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267–9680. B. Comments Submitted to the Docket Although the FAA has not received any comments on the proposed rule, any comments submitted to the docket for this rulemaking in the future may be viewed by going to http:// www.regulations.gov and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA’s dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). C. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires 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 http:// www.faa.gov/regulations_policies/ rulemaking/sbre_act/. List of Subjects in 14 CFR Part 91 Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, Aviation safety, Incorporation by reference. E:\FR\FM\22AUR1.SGM 22AUR1 39664 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 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 1. The authority citation for part 91 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 1155, 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). 2. Amend § 91.703 as follows: a. Amend paragraphs (a)(1) and (3) by removing the word ‘‘annex’’ and adding, in its place, the word ‘‘Annex’’; ■ b. Remove the first sentence of paragraph (a)(4); and ■ c. Revise paragraph (b) to read as follows: ■ ■ § 91.703 Operations of civil aircraft of U.S. registry outside of the United States. sradovich on DSK3GMQ082PROD with RULES * * * * * (b) Annex 2 to the Convention on International Civil Aviation, Rules of the Air, Tenth Edition—July 2005, with Amendments through Amendment 45, applicable November 10, 2016, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the FAA must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590 and is available from the International Civil Aviation Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada; http://store1.icao.int/; or by contacting the ICAO Marketing and Customer Relations Unit by telephone at 514–954– 8022 or by email at sales@icao.int. For questions about ICAO Annex 2, contact the FAA’s Office of International Affairs at (202) 267–1000. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to http://www.archives.gov/ VerDate Sep<11>2014 16:39 Aug 21, 2017 Jkt 241001 federal_register/code_of_federal_ regulations/ibr_locations.html. § 91.705 ■ [Removed and Reserved] 3. Remove and reserve § 91.705. § 91.905 [Amended] 4. Amend § 91.905 by removing ‘‘91.705 Operations within the North Atlantic Minimum Navigation Performance Specifications Airspace.’’ ■ § 91.1027 [Amended] 5. Amend § 91.1027(a)(2) by removing ‘‘MNPS,’’. ■ Appendix C to Part 91—[Removed and Reserved] 6. Remove and reserve Appendix C to part 91. ■ 7. Amend Appendix G to part 91 by revising paragraph (a)(2) of section 8 to read as follows: ■ Appendix G to Part 91—Operations in Reduced Vertical Separation Minimum (RVSM) Airspace * * * * * Section 8. Airspace Designation (a) * * * (2) RVSM may be effective in the High Level Airspace (HLA) within the NAT. The HLA within the NAT is defined by the volume of airspace between FL 285 and FL 420 (inclusive) extending between latitude 27 degrees north and the North Pole, bounded in the east by the eastern boundaries of control areas Santa Maria Oceanic, Shanwick Oceanic, and Reykjavik Oceanic and in the west by the western boundaries of control areas Reykjavik Oceanic, Gander Oceanic, and New York Oceanic, excluding the areas west of 60 degrees west and south of 38 degrees 30 minutes north. * * * * * Issued under authority provided by 49 U.S.C. 106(f) and (g), 40101(d)(1), 40103(b)(1) and (2), 40105(b)(1)(A), and 44701(a)(5) in Washington, DC, on July 18, 2017. Michael Huerta, Administrator. [FR Doc. 2017–17674 Filed 8–21–17; 8:45 am] BILLING CODE 4910–13–P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 that revised the Listing of Impairments (Listings) for the neurological body system. That document inadvertently omitted a reference. This document amends and corrects the final rule. DATES: This rule is effective August 22, 2017. FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, (410) 965–1020. For information on eligibility or filing for benefits, call our national toll-free number 1–800–772–1213, or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: On July 1, 2016, we published in the Federal Register the final rule, ‘‘Revised Medical Criteria for Evaluating Neurological Disorders.’’ (81 FR 43048). In appendix 1 to subpart P, the body system listing 11.00 Neurological Disorders, we inadvertently omitted a reference to 11.02D from 11.00H4 of the introductory text. The text in 11.02D on dyscognitive seizures refers to 11.00H4 (81 FR at 43056). However, the text of 11.00H4 only referenced 11.02A, B, and C (81 FR at 43054). This correction adds the missing reference to 11.02D to 11.00H4 and creates no change in policy. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security— Disability Insurance; 96.002, Social Security— Retirement Insurance; 96.004, Social Security—Survivors Insurance; and 96.006, Supplemental Security Income). List of Subjects in 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements, Social Security. Nancy A. Berryhill, Acting Commissioner of Social Security. For the reasons set out in the preamble, we are amending 20 CFR part 404, subpart P as set forth below: PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950–) [Docket No. SSA–2006–0140] RIN 0960–AF35 Subpart P—Determining Disability and Blindness Revised Medical Criteria for Evaluating Neurological Disorders; Correction ■ Social Security Administration. Correcting amendment. AGENCY: ACTION: We published final rules in the Federal Register on July 1, 2016, SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 1. The authority citation for subpart P of part 404 continues to read as follows: Authority: Secs. 202, 205(a)–(b) and (d)– (h), 216(i), 221(a) and (h)–(j), 222(c), 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), 421(a), (i), and (j), 422(c), 423, 425, and E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Rules and Regulations]
[Pages 39660-39664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17674]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2016-9154; Amdt. No. 91-348]
RIN 2120-AK88


Incorporation by Reference of ICAO Annex 2; Removal of Outdated 
North Atlantic Minimum Navigation Performance Specifications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule better aligns FAA regulations regarding the North 
Atlantic (NAT) Minimum Navigation Performance Specifications (MNPS) 
with the relevant International Civil Aviation Organization (ICAO) 
standards. The ICAO NAT Region is transitioning from the decades-old 
MNPS navigation specification to a more modern, Performance-Based 
Navigation (PBN) specification. This rule also incorporates by 
reference the current version of Annex 2 (``Rules of the Air'') to the 
Convention on International Civil Aviation (the ``Chicago 
Convention''), hereinafter referred to as ``ICAO Annex 2,'' in the 
FAA's regulations.

DATES: This regulation is effective October 23, 2017. The incorporation 
by reference of the publication listed in the rule is approved by the 
Director of the Federal Register as of October 23, 2017.

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

FOR FURTHER INFORMATION CONTACT: Kevin C. Kelley, Flight Technologies 
Division, Flight Standards Service, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-8854; email 
Kevin.C.Kelley@faa.gov. For questions about ICAO Annex 2, contact the 
FAA's Office of International Affairs at (202) 267-1000.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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. The FAA's authority to 
issue rules on aviation safety is found in title 49 United States Code 
(U.S.C.). Subtitle I,

[[Page 39661]]

Section 106(f) and (g), describe the authority of the FAA 
Administrator. 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 his authority 
consistently with the obligations of the U.S. Government under 
international agreements.
    This rule is promulgated under the authority described in title 49, 
subtitle VII, part A, subpart III, section 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 rule is also promulgated pursuant to title 49 U.S.C. 
40103(b)(1) and (2), which charge the FAA with issuing regulations: (1) 
To ensure the safety of aircraft and the efficient use of airspace; and 
(2) to govern the flight of aircraft for purposes of navigating, 
protecting and identifying aircraft, and protecting individuals and 
property on the ground.
    This regulation is within the scope of FAA's authority under the 
statutes cited above, because it amends 14 CFR 91.703, 91.705, 91.905, 
and 91.1027 and Appendices C and G to part 91, to better align FAA 
regulations with changes to international standards for operations in 
airspace over the high seas. This rule also incorporates by reference 
the current version of ICAO Annex 2 in FAA regulations.

I. Background

A. Summary of the NPRM

    On September 29, 2016, the FAA published an NPRM (81 FR 66877) in 
which it proposed several amendments to part 91 to improve the 
alignment between FAA regulations and ICAO standards relevant to 
operations over the North Atlantic and in other airspace over the high 
seas. As a result of ICAO renaming the NAT MNPS airspace as the NAT 
High Level Airspace (NAT HLA) and requiring PBN specifications to 
operate in NAT HLA by January 2020, the references to NAT MNPS in FAA 
regulations are outdated. Accordingly, the FAA proposed to remove all 
instances of MNPS in 14 CFR part 91.
    In the NPRM, the FAA also stated that the prescriptive references 
to navigational specifications in part 91 were not necessary, since 
operators are required to comply with ICAO Annex 2, when operating over 
the high seas. Article 12 of the Chicago Convention states, in 
pertinent part, ``Over the high seas, the rules in force [with respect 
to the flight and maneuver of aircraft] shall be those established 
under this Convention.'' The Foreword to ICAO Annex 2 further states 
that the ICAO ``. . . Council resolved, in adopting Annex 2 in April 
1948 and Amendment 1 to the said Annex in November 1951, that the Annex 
constitutes [r]ules relating to the flight and [maneuver] of aircraft 
within the meaning of Article 12 of the [Chicago] Convention.'' The 
Foreword to ICAO Annex 2 further states that, ``[o]ver the high seas, 
therefore, these rules apply without exception.'' The international 
standard in ICAO Annex 2, paragraph 5.1.1, states that: ``Aircraft 
shall be equipped with suitable instruments and with navigation 
equipment appropriate to the route to be flown.''
    In the NPRM, the FAA also proposed to incorporate by reference the 
current version of ICAO Annex 2.

II. Discussion of Public Comments and Final Rule

A. Comments and Final Rule

    The FAA did not receive any comments on the NPRM. With this final 
rule, the FAA adopts the changes as proposed, except as follows. First, 
in Sec.  91.703, the name of the relevant ICAO unit, the name of the 
street on which the unit is located, the address of the unit's Web 
site, and the address of the National Archives and Records 
Administration (NARA) Web site where information about material 
incorporated by reference into Federal regulations can be found have 
all been updated in the final rule to reflect current information. 
Second, the FAA neglected to include the relevant ICAO unit's telephone 
number and email address, as well as the agency phone number for 
questions from the public regarding ICAO Annex 2, in the NPRM and 
includes them in this final rule. Third, in the NPRM, the FAA also 
proposed to remove, but inadvertently neglected to propose to reserve 
for future use, Sec.  91.705 and Appendix C to part 91. The FAA 
reserves for future use Sec.  91.705 and Appendix C to part 91 in this 
final rule. These are minor technical changes that have no substantive 
effect on regulated entities. Except as described in this paragraph, 
explanations for the changes to Sec. Sec.  91.703, 91.705, and 91.1027 
and Appendices C and G to part 91 are contained in the NPRM.
    Further, in preparing the final rule, the FAA also discovered that 
it had not proposed to remove the reference to ``91.705 Operations 
within the North Atlantic Minimum Navigation Performance Specifications 
Airspace'' from the list of rules subject to waiver in Sec.  91.905 
although the NPRM proposed to remove, and this final rule does remove, 
Sec.  91.705 from the CFR. Consequently, removing the reference to 
Sec.  91.705 from the list of rules subject to waiver in Sec.  91.905 
has no substantive effect on regulated entities. The FAA removes the 
reference to Sec.  91.705 from Sec.  91.905 in this final rule.

B. Incorporation by Reference

    As part of the changes proposed in the NPRM, the FAA proposed to 
incorporate by reference the current version of ICAO Annex 2, up to and 
including Amendment 45, applicable on November 10, 2016. ICAO Annex 2 
contains the ICAO standards that make up the rules of the air 
applicable to the flight and maneuver of civil aircraft operating over 
the high seas. ICAO Annex 2, including all amendments through Amendment 
32, was incorporated by reference into Sec.  91.703, effective April 9, 
1997 (62 FR 17480, Apr. 9, 1997). Since then, an additional thirteen 
amendments to ICAO Annex 2 have been published, creating an ambiguity 
about the version of ICAO Annex 2 applicable to operators of U.S.-
registered civil aircraft in high seas airspace. The amendments to ICAO 
Annex 2 since the previous incorporation by reference are described in 
Table 1 in the NPRM (81 FR at 66878).
    The FAA noted in the proposed rule that the incorporation by 
reference of ICAO Annex 2 in Sec.  91.703 did not include the proper 
language conveying the approval of the Director of the Federal 
Register. The FAA proposed to incorporate by reference the current 
version of ICAO Annex 2, including appropriate language to reflect the 
approval of the Director of the Federal Register. This final rule 
incorporates by reference ICAO Annex 2, up to and including Amendment 
45, applicable on November 10, 2016, into Sec.  91.703.
    ICAO Annex 2 is available through the International Civil Aviation 
Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert 
Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada. Also, you may 
obtain this document on the Internet at http://store1.icao.int/ or by 
contacting the ICAO Marketing and Customer Relations Unit by telephone 
at (514)

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954-8022 or by email at sales@icao.int. It is also available for 
inspection at the U.S. Department of Transportation, Docket Operations, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

III. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. 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 its 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. 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) 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.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this rule. The reasoning for 
this determination follows.
    This rulemaking better aligns the FAA's regulations regarding 
operations in NAT airspace with the relevant ICAO standards. ICAO's NAT 
Region is transitioning from the decades-old MNPS navigation 
specification to a more modern, PBN specification. The FAA is also 
incorporating by reference the current version of ICAO Annex 2 in Sec.  
91.703. This action removes all references to MNPS from 14 CFR part 91 
and will not impose any new requirements.
    Under the Chicago Convention, flights operating in international 
airspace over the high seas must follow the international standards set 
forth in ICAO Annex 2. United States operators have historically 
complied with provisions relevant to high seas airspace in ICAO Annex 
2. As operators are already complying with ICAO's provisions relevant 
to operations over the high seas, the FAA believes this rule removing 
references to MNPS from 14 CFR part 91 and incorporating by reference 
the current version of ICAO Annex 2 will impose minimal cost. The FAA 
requested comments on this determination and received none. Therefore, 
the FAA maintains that this final rule will impose only minimal cost, 
has determined that this rule is not a ``significant regulatory 
action'' as defined in section 3(f) of Executive Order 12866, and is 
not ``significant'' as defined in DOT's Regulatory Policies and 
Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The FAA recognizes that there are substantial numbers of small 
entities operating aircraft over the high seas. This rule, however, 
does not impose a significant economic impact. Flights in international 
airspace over the high seas must follow the international standards set 
forth in ICAO Annex 2. Today, United States operators comply with ICAO 
Annex 2 when flying over the high seas. This rule updates United States 
regulations to better align with the current version of ICAO Annex 2 
effective in high seas airspace, and imposes no new requirements. Thus, 
all affected entities will incur only minimal costs. The FAA requested 
and received no comment on the proposed minimal cost determination, and 
therefore maintains the same minimal cost determination for the final 
rule.
    Therefore, as provided in section 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 rule and determined that it 
improves alignment between FAA regulations and international ICAO 
standards for the purpose of protecting safety. Consequently, the rule 
complies with the Trade Agreements Act, as amended by the Uruguay Round 
Agreements Act.

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

[[Page 39663]]

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 $155 million in lieu of $100 million. This 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 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

F. International Compatibility

    In keeping with U.S. obligations under the Chicago Convention, it 
is FAA policy to conform to ICAO Standards and Recommended Practices to 
the maximum extent practicable. The FAA has published differences with 
ICAO Annex 2 in the United States Aeronautical Information Publication 
(AIP), section GEN 1.7, ``Differences From ICAO Standards, Recommended 
Practices, and Procedures.'' The differences listed in the U.S. AIP for 
ICAO Annex 2 are minor in nature and have no relation to the ICAO Annex 
2 requirement for aircraft to be operated with navigation equipment 
appropriate to the route to be flown. This is consistent with the FAA's 
support of international compatibility and its obligations under the 
Chicago Convention.

G. Environmental Analysis

    FAA Order 1050.1F 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 5-6.6 and involves no extraordinary 
circumstances.

IV. 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 agency 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, does 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, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that 
this rule 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.

C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policy and 
agency responsibilities of Executive Order 13609, Promoting 
International Regulatory Cooperation and has determined that it will 
support international regulatory cooperation. This rule removes 
potential ambiguities about the version of ICAO Annex 2 applicable to 
the operations of U.S.-registered civil aircraft over the high seas. 
ICAO Annex 2 contains the international standards applicable to civil 
aircraft operations over the high seas. This rule also removes outdated 
references to MNPS, consistent with ICAO's transition to PBN 
specifications for operations in the NAT HLA.

D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs, directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' are subject to these 
requirements. As determined in Section IV.A., above, this is not a 
significant rule under Executive Order 12866. Accordingly, this rule is 
not subject to the requirements of Executive Order 13771.

V. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Publishing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Although the FAA has not received any comments on the proposed 
rule, any comments submitted to the docket for this rulemaking in the 
future may be viewed by going to http://www.regulations.gov and 
following the online instructions to search the docket number for this 
action. Anyone is able to search the electronic form of all comments 
received into any of the FAA's dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires 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 http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 91

    Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, 
Aviation safety, Incorporation by reference.

[[Page 39664]]

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), 1155, 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).


0
2. Amend Sec.  91.703 as follows:
0
a. Amend paragraphs (a)(1) and (3) by removing the word ``annex'' and 
adding, in its place, the word ``Annex'';
0
b. Remove the first sentence of paragraph (a)(4); and
0
c. Revise paragraph (b) to read as follows:


Sec.  91.703   Operations of civil aircraft of U.S. registry outside of 
the United States.

* * * * *
    (b) Annex 2 to the Convention on International Civil Aviation, 
Rules of the Air, Tenth Edition--July 2005, with Amendments through 
Amendment 45, applicable November 10, 2016, is incorporated by 
reference into this section with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce 
any edition other than that specified in this section, the FAA must 
publish a document in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at U.S. Department of Transportation, Docket Operations, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590 and is available from the International Civil 
Aviation Organization (ICAO), Marketing and Customer Relations Unit, 
999 Robert Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada; http://store1.icao.int/; or by contacting the ICAO Marketing and Customer 
Relations Unit by telephone at 514-954-8022 or by email at 
sales@icao.int. For questions about ICAO Annex 2, contact the FAA's 
Office of International Affairs at (202) 267-1000. It is also available 
for inspection at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


Sec.  91.705   [Removed and Reserved]

0
3. Remove and reserve Sec.  91.705.


Sec.  91.905   [Amended]

0
4. Amend Sec.  91.905 by removing ``91.705 Operations within the North 
Atlantic Minimum Navigation Performance Specifications Airspace.''


Sec.  91.1027   [Amended]

0
5. Amend Sec.  91.1027(a)(2) by removing ``MNPS,''.

Appendix C to Part 91--[Removed and Reserved]

0
6. Remove and reserve Appendix C to part 91.

0
7. Amend Appendix G to part 91 by revising paragraph (a)(2) of section 
8 to read as follows:

Appendix G to Part 91--Operations in Reduced Vertical Separation 
Minimum (RVSM) Airspace

* * * * *

Section 8. Airspace Designation

    (a) * * *
    (2) RVSM may be effective in the High Level Airspace (HLA) 
within the NAT. The HLA within the NAT is defined by the volume of 
airspace between FL 285 and FL 420 (inclusive) extending between 
latitude 27 degrees north and the North Pole, bounded in the east by 
the eastern boundaries of control areas Santa Maria Oceanic, 
Shanwick Oceanic, and Reykjavik Oceanic and in the west by the 
western boundaries of control areas Reykjavik Oceanic, Gander 
Oceanic, and New York Oceanic, excluding the areas west of 60 
degrees west and south of 38 degrees 30 minutes north.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f) and (g), 
40101(d)(1), 40103(b)(1) and (2), 40105(b)(1)(A), and 44701(a)(5) in 
Washington, DC, on July 18, 2017.
Michael Huerta,
Administrator.
[FR Doc. 2017-17674 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-13-P