Amendment of the Prohibition Against Certain Flights in Specified Areas of the Simferopol and Dnipropetrovsk Flight Information Regions (FIRs) (UKFV and UKDV), 52954-52962 [2018-22853]

Download as PDF 52954 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations providing liquidity to members, affordable housing and community development mission, capital structure, and joint and several liability. 12 U.S.C. 4513(f). FHFA has considered these areas of differences between the Banks and the Enterprises, and has determined that the final rule is unlikely to adversely affect the Banks in these areas of differences. IV. Paperwork Reduction Act The final rule does not contain any collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Therefore, FHFA has not submitted any information to the Office of Management and Budget for review. V. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to analyze a regulation’s impact on small entities if the regulation is expected to have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605(b). FHFA has considered the impact of this final rule and the General Counsel of FHFA certifies that it is not likely to have a significant economic impact on a substantial number of small entities because it applies only to the regulated entities, which are not small entities for purposes of the Regulatory Flexibility Act. VI. Congressional Review Act In accordance with the Congressional Review Act, FHFA has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). See 5 U.S.C. 804(2). List of Subjects 12 CFR Part 1239 Administrative practice and procedure, Federal home loan banks, Government-sponsored enterprises, Reporting and recordkeeping requirements. 12 CFR Part 1273 amozie on DSK3GDR082PROD with RULES Federal home loan banks, Securities. Accordingly, for reasons stated in the Supplementary Information, FHFA hereby amends parts 1239 and 1273 of chapter XII of title 12 of the Code of Federal Regulations as follows: Subchapter B—Regulated Entities PART 1239—[AMENDED] 1. The authority citation for part 1239 continues to read as follows: ■ VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 Authority: 12 U.S.C. 1426, 1427, 1432(a), 1436(a), 1440, 4511(b), 4513(a), 4513(b), 4526, and 15 U.S.C. 78oo(b). 2. Add § 1239.14 to subpart C to read as follows: ■ § 1239.14 Strategic business plan. (a) Adoption of strategic business plan. Each board of directors shall adopt and have in effect at all times a strategic business plan for the regulated entity that describes, at a minimum, how the significant business activities of the regulated entity will achieve its mission and public purposes consistent with its authorizing statute, the Safety and Soundness Act, and, in the case of a Bank, part 1265 of this chapter. Specifically, each regulated entity’s strategic business plan shall at a minimum: (1)(i) In the case of a Bank, articulate measurable goals and objectives for each significant business activity and for all authorized new business activities, which must include plans for maximizing activities that further the Bank’s housing finance and community lending mission, consistent with part 1265 of this chapter; (ii) In the case of an Enterprise, articulate measurable goals and objectives for each significant existing activity and for significant authorized new activities; (2) Discuss how the regulated entity will address credit needs and market opportunities identified through ongoing market research and stakeholder consultations; (3) Describe any significant activities in which the regulated entity is planning to be engaged, including any significant changes to business strategy or approach that the regulated entity is planning to undertake, and discuss how such activities would further the regulated entity’s mission and public purposes; (4)(i) In the case of a Bank, be supported by appropriate and timely research and analysis of relevant market developments and member and housing associate demand for Bank products and services; (ii) In the case of an Enterprise, be supported by appropriate and timely research and analysis of relevant market developments; and (5) Identify current and emerging risks associated with the regulated entity’s significant existing activities or new activities, and discuss how the regulated entity plans to address such risks while furthering its public purposes and mission in a safe and sound manner. (b) Review and monitoring. Each board of directors shall: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 (1) Review the regulated entity’s strategic business plan at least annually; (2) Re-adopt the strategic business plan for the regulated entity at least every three years; and (3) Establish management reporting requirements and monitor implementation of the strategic business plan and the goals and objectives contained therein. § 1239.31 ■ [Removed and reserved] 3. Remove and reserve § 1239.31. Subchapter D—Federal Home Loan Banks PART 1273—[AMENDED] 4. The authority citation for part 1273 continues to read as follows: ■ Authority: 12 U.S.C. 1431, 1440, 4511(b), 4513, 4514(a), 4526(a). § 1273.8 [Amended] 5. Section 1273.8(d)(2) is amended by removing the reference to ‘‘§ 1239.31’’ and adding in its place ‘‘§ 1239.14.’’ ■ Dated: October 16, 2018. Melvin L. Watt, Director, Federal Housing Finance Agency. [FR Doc. 2018–22859 Filed 10–18–18; 8:45 am] BILLING CODE 8070–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No.: FAA–2014–0225; Amdt. No. 91–331E] RIN 2120–AL39 Amendment of the Prohibition Against Certain Flights in Specified Areas of the Simferopol and Dnipropetrovsk Flight Information Regions (FIRs) (UKFV and UKDV) Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This action extends, with modifications to reflect changed conditions in specified areas of Ukraine, the Special Federal Aviation Regulation (SFAR) prohibiting certain flight operations in the Simferopol Flight Information Region (FIR) (UKFV) and Dnipropetrovsk Flight Information Region (FIR) (UKDV) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air SUMMARY: E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES carrier; and operators of U.S.-registered civil aircraft, except where the operator of such aircraft is a foreign air carrier. This action extends the prohibition in specified areas of Ukraine to safeguard against continuing hazards to U.S. civil aviation. However, this action also reduces the scope of the prohibition against flights in the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) permitting U.S. civil operations to resume in specified areas due to the stabilization of safety and security conditions in the relevant regions of Ukraine. DATES: This final rule is effective on October 19, 2018. FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202–267–8166; email michael.e.filippell@faa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary This action extends, with modification to reflect changed conditions in Ukraine, the prohibition against U.S. civil flight operations in specified areas of the Simferopol Flight Information Region (FIR) (UKFV) and Dnipropetrovsk Flight Information Region (FIR) (UKDV) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator of such aircraft is a foreign air carrier, from October 27, 2018, until October 27, 2020. The FAA assesses that security and safety conditions have sufficiently stabilized in certain regions of Ukraine, thereby reducing the area of hazard to U.S. civil aviation in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV). However, the FAA finds an extension of the prohibition is necessary in other specified areas of Ukraine to safeguard against continuing hazards to civil aviation. The new boundaries of the prohibition are described in the preamble to this final rule. In this action, the FAA retains the lateral limits of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), for reference as definitions in new paragraph (f) of the final rule. II. Legal Authority and Good Cause A. Legal Authority The FAA is responsible for the safety of flight in the U.S. and for the safety VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 of U.S. civil operators, U.S.-registered civil aircraft, and U.S.-certificated airmen throughout the world. The FAA Administrator’s authority to issue rules on aviation safety is found in title 49, U.S. Code, Subtitle I, sections 106(f) and (g). 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. This rulemaking is promulgated under the authority described in title 49, U.S. Code, 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 regulation is within the scope of FAA’s authority, because it continues to prohibit the persons described in paragraph (a) of SFAR No. 113, 14 CFR 91.1607, from conducting flight operations in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) due to the continuing hazards to the safety of U.S. civil flight operations in certain regions of Ukraine, as described in the preamble to this final rule. The FAA also finds that this action is fully consistent with the obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that the FAA exercises its duties consistently with the obligations of the United States under international agreements. B. Good Cause for Immediate Adoption Section 553(b)(3)(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.’’ Section 553(d) also authorizes agencies to forgo the delay in the effective date of the final rule for good cause found and published with the rule. In this instance, the FAA finds good cause to forgo notice and comment because notice and comment would be impracticable and contrary to the public interest. In addition, it is PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 52955 contrary to the public interest to delay the effective date of this SFAR. The FAA has identified an ongoing need to maintain the flight prohibition in certain specified areas of Ukraine due to continued safety of flight hazards associated with both Ukraine and Russia air navigation service providers (ANSPs) claiming control of airspace over portions of the Simferopol FIR (UKFV) and due to the ongoing conflict with localized skirmishes within the eastern portion of the Dnipropetrovsk FIR (UKDV). These hazards are further described in the preamble to this rule. To the extent that the rule is based upon classified information, such information is not permitted to be shared with the general public. Also, threats to U.S. civil aviation can evolve rapidly. As a result, the agency’s original proposal could become unsuitable for minimizing the hazards to U.S. civil aviation in the affected airspace during or after the notice and comment process. For these reasons, the FAA finds good cause to forgo notice and comment and any delay in the effective date for this rule. III. Background The FAA first published SFAR No. 113, § 91.1607, on April 25, 2014, to prohibit certain flight operations in a portion of the Simferopol FIR (UKFV) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator of such aircraft is a foreign air carrier.1 At that time, the FAA viewed the possibility of civil aircraft receiving confusing and conflicting air traffic control instructions from both Ukrainian and Russian air navigation service providers (ANSPs) when operating in the portion of the Simferopol FIR (UKFV) covered by SFAR No. 113, § 91.1607, as an unsafe condition that presented a potential hazard to U.S. civil flight operations. On July 18, 2014, the FAA issued a Notice to Airmen (NOTAM) FDC 4/2182, expanding the flight prohibition to the entire Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), primarily as an immediate response to the shootdown of Malaysia Airlines flight MH17 on July 17, 2014, while flying over Ukraine at 33,000 feet just west of the Russian border. The FAA determined that the ongoing conflict in the region posed a significant threat to U.S. civil aviation operations in these FIRs. The 1 79 FR 22862. E:\FR\FM\19OCR1.SGM 19OCR1 52956 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations use of weapons capable of targeting and shooting down aircraft flying on civil air routes at cruising altitudes posed a significantly dangerous threat to civil aircraft flying in the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV). The FAA published a final rule incorporating the expanded flight prohibition into SFAR No. 113, § 91.1607, on December 29, 2014.2 The FAA extended this flight prohibition on October 27, 2015 3 4 and October 27, 2016 due to continuing flight safety concerns regarding conflicting ANSP guidance in the Simferopol FIR (UKFV) and the ongoing conflict in eastern Ukraine within the Dnipropetrovsk FIR (UKDV).5 The flight safety concern for the Simferopol FIR (UKFV) at that time was demonstrated by an European Aviation Safety Agency Safety Information Bulletin on February 17, 2016, indicating that ATS routes L851 and M856 could be considered for planning flights in the Simferopol FIR (UKFV), and subsequent Russian Federal Air Transport Agency response in which it asserted that it was responsible for air traffic services in a portion of the Simferopol FIR (UKFV). Separately, in the Dnipropetrovsk FIR (UKDV), the FAA noted that there was an ongoing risk of skirmishes in the area and a potential for larger-scale fighting in eastern Ukraine involving combined Russian-separatist forces, which could result in civil aircraft being misidentified as a threat and then intercepted or otherwise engaged. In the 2016 final rule, the FAA identified that these combined forces had access to a variety of anti-aircraft weapons, to include man-portable air defense systems (MANPADS) and possibly more advanced surface-to-air missiles (SAMs) that had the capability to engage aircraft at higher altitudes. IV. Discussion of the Final Rule Since the 2016 final rule, the FAA assesses that security and safety conditions have sufficiently stabilized in certain regions of Ukraine, thereby reducing the area of impacted airspace 2 79 FR 77857. FR 65621. 4 The FAA notes that the State Aviation Administration of Ukraine conducted and completed an airspace restructuring that went into effect in the late 2014 timeframe. The new configuration altered both the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) altitude structures. To address the Ukraine airspace restructuring and provide additional clarity, on July 22, 2016, the FAA published a technical amendment to specifically identify the prohibited airspace in which SFAR No. 113, § 91.1607, applies, with inclusive altitudes and lateral limitations (latitude and longitude coordinates). 81 FR 47699. 5 81 FR 74671. amozie on DSK3GDR082PROD with RULES 3 80 VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) and is revising the flight prohibition to allow U.S. civil flights to resume in certain areas. However, the FAA finds an extension of the prohibition is necessary in other specified areas of Ukraine to safeguard against continuing hazards to civil aviation. A. Simferopol Flight Information Region (FIR) (UKFV) Since 2014, the FAA has prohibited operations within the Simferopol FIR (UKFV) by all U.S. civil operators and airmen, in part, due to continuing flight safety concerns regarding the risk of pilots being given conflicting ANSP guidance within the Simferopol FIR (UKFV). Specifically, in 2014, the Russian Federation annexed the Crimean Peninsula and claimed ANSP authority over the Simferopol FIR (UKFV), including airspace over the Black Sea, and deployed a substantial military force to the Peninsula, including advanced weapon capabilities to enforce their territorial and airspace claims for portions of the Simferopol FIR (UKFV). Since that time, the Russian Federation has claimed authority over the entire Simferopol FIR (UKFV) and continues to assert authority over the Crimean Peninsula and adjacent waters. However, the International Civil Aviation Organization (ICAO) and other countries do not support these assertions by the Russian Federation and recognize the Ukrainian State Air Traffic Service Enterprise as the ANSP with authority over the Simferopol FIR (UKFV). The previous flight safety concerns for conflicting ANSP guidance for the Black Sea air routes at a distance offshore from the Peninsula within portions of the Simferopol FIR (UKFV) have been addressed by the government of Ukraine. Since the FAA extended the prohibition in SFAR No. 113, § 91.1607, in 2016, the government of Ukraine has established, via its aeronautical information publication (AIP), a restricted airspace area over the Crimean Peninsula and the adjacent territorial sea. In addition, the government of Ukraine has issued flight advisories, prohibitions and other instructions for the safe navigation of civil aircraft, which are published via NOTAMs,6 reclassified Ukrainian 6 The advisories and prohibitions, including instructions regarding the closure of certain air routes, which are issued by Ukraine and published via NOTAM can be accessed at https:// www.icao.int/safety/iStars/Pages/notams.aspx. See e.g. A1055/18–UKFV (Ukraine): Flight information region Plain language, which requires all aircraft PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 airspace in 2014 as discussed earlier, and improved safety incident reporting procedures to mitigate the risks associated with conflicting ANSP guidance from the Russian Federation over the Black Sea routes offshore from the Crimean Peninsula and over the high seas. Since these actions were implemented, there has been a decrease in safety-related hazards demonstrated by over two years of safe flight operations on the Black Sea air routes by non-U.S. civil operators. Therefore, the FAA assesses that these actions have sufficiently mitigated the hazard to civil aviation operating on the Black Sea air routes to allow U.S. civil flights to resume on those routes. Specifically, the FAA is relaxing the prohibition from the surface to unlimited south and southwest of a line drawn direct from SOBLO (431503N 362298E) to DOLOT (434214N 332819E), direct to SOROK (440628N 324260E), then direct to OTPOL (452738N 313064E). This change will allow U.S. operators and codeshare partners the ability to use, among others, the following Black Sea routes; M856, M854, M860 and L851. Ukrainian air traffic control routing dynamically manages the routing of air traffic in the specified airspace to meet changing operational demands and conditions. Nevertheless, the government of Ukraine has not mitigated the hazards in all of the Simferopol FIR (UKFV) necessitating a continuing, albeit more limited, flight prohibition. An overwhelming Russian military presence and weapon capabilities continue to be located on the Crimean Peninsula, creating a continuing risk for misidentification of aircraft flying over the Peninsula and in the airspace near the Peninsula. Additionally, Ukraine and Russia continue to assert competing claims of the airspace. For those reasons, and their attendant risk to U.S. civil aircraft operations, the FAA is continuing to prohibit operations by U.S. civil operators and airmen in the Simferopol FIR (UKFV) from the surface to unlimited north and northeast of a line drawn direct from SOBLO (431503N 362298E) to DOLOT (434214N 332819E), direct to SOROK (440628N 324260E), then direct to OTPOL (452738N 313064E). The use of airway M747, which partially overlaps with the line of demarcation for the area of prohibition, is also prohibited. The remaining area of prohibition includes a sufficient buffer from the continuing crews flying within the Simferopol FIR to comply only with instructions from Ukraine’s air navigation service provider. E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES hazard associated with operating over the Crimean Peninsula. B. Dnipropetrovsk Flight Information Region (FIR) (UKDV) In the Dnipropetrovsk FIR (UKDV) there continues to be an inadvertent risk to civil aviation associated with the ongoing conflict, which involves localized skirmishes and the potential for larger scale fighting in the eastern portion of the Dnipropetrovsk FIR (UKDV). These skirmishes and a risk for potential larger-scale fighting could lead to the misidentification and/or engagement of civil aviation by separatist air defense forces, as demonstrated by the shoot-down of Malaysia Airlines flight MH17 on July 17, 2014. The majority of military engagements have been in close proximity to the line of conflict in the eastern portion of the Dnipropetrovsk FIR (UKDV). The various military and militia elements in that region have access to a variety of anti-aircraft weapons systems to include MANPADS and possibly more advanced SAMs that have the capability to engage aircraft at higher altitudes. Separatists have demonstrated their ability to use these anti-aircraft weapons by successfully shooting down a number of aircraft during the course of the fighting in eastern Ukraine in 2014. Organization for Security and Cooperation in Europe Special Monitoring Mission to Ukraine unmanned aircraft systems continue to be shot down by SAMs and small arms ground fire, and brought down with GPS jamming in the eastern portion of the Dnipropetrovsk FIR (UKDV). These threats are concentrated in the eastern portion of the Dnipropetrovsk FIR (UKDV) within the pro-Russian separatist enclave and in close proximity to the line of control that borders the enclave. The anti-aircraft weapons capabilities and deployments of forces associated with the proRussian separatists are limited at this time to within the eastern portion of the Dnipropetrovsk FIR (UKDV). While the potential for fluctuating levels of military engagement continues along the line of control in eastern portions of the Dnipropetrovsk FIR (UKDV), the military conflict has begun to stabilize, which reduces the risk of a larger-scale conflict that might extend into the western portion of the Dnipropetrovsk FIR (UKDV). This results in a reduced risk to civil aviation in the western portion of the Dnipropetrovsk FIR (UKDV), and the FAA is relaxing the area of prohibition to account for the reduced risk. Therefore, due to the continued threats in the eastern portion of the VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 Dnipropetrovsk FIR (UKDV), the FAA is continuing to prohibit operations by U.S. civil operators and airmen in the Dnipropetrovsk FIR (UKDV) from the surface to unlimited east of a line drawn direct from ABDAR (471802N 351732E) along airway M853 to NIKAD (485946N 355519E), then along airway N604 to GOBUN (501806N 373824E). The use of airways M853 and N604, which partially overlap with the line of demarcation for the prohibition, is also prohibited. This revised area of prohibition includes a sufficient buffer between the conflict region along the Ukraine-Russia border, including known weapons that may be threats to aviation, and the portions of the Dnipropetrovsk FIR (UKDV) where U.S. civil flights are permitted to resume. Based on the reduced scope of the prohibition, U.S. operators and airmen are permitted to conduct operations in the western portions of the Dnipropetrovsk FIR (UKDV) from the surface to unlimited west of a line drawn direct from ABDAR (471802N 351732E) along airway M853 to NIKAD (485946N 355519E), then along airway N604 to GOBUN (501806N 373824E), which previously had been prohibited. In addition, due to the relatively close proximity of the approach and departure routes of three airports to the new boundary of the prohibition flight area, the FAA has added an exception for takeoffs and landings. This exception permits operations within the flight prohibition area of the Dnipropetrovsk FIR (UKDV), to the extent necessary to takeoff and land at three specified airports, subject to the approval of, and in accordance with the conditions established by, the appropriate authorities of Ukraine: Kharkiv International Airport (UKHH); Dnipropetrovsk International Airport (UKDD); and Zaporizhzhia International Airport (UKDE). The FAA has determined these operations can be conducted with minimal additional risk due to the sufficient distance provided by the specified prohibition boundary line as a buffer from the area of fighting and associated weapons capabilities. Therefore, as a result of the significant continuing risk to the safety of U.S. civil aviation in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), the FAA extends the expiration date of SFAR No. 113, 14 CFR 91.1607, from October 27, 2018, to October 27, 2020, to maintain the prohibition on flight operations in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) by: All U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 52957 certificate issued by the FAA, except when such persons are operating U.S.registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator is a foreign air carrier. While the FAA’s flight prohibition does not apply to foreign air carriers, DOT codeshare authorizations prohibit foreign air carriers from carrying a U.S. codeshare partner’s code on a flight segment that operates in airspace for which the FAA has issued a flight prohibition. The FAA is also retaining the lateral limits of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), which are recognized by ICAO, for reference as definitions in new paragraph (f) of the final rule. The FAA will continue to actively monitor the situation and evaluate the extent to which U.S. civil operators and airmen may be able to operate safely in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV). Amendments to SFAR No. 113, § 91.1607, may be appropriate if the risk to aviation safety and security changes. The FAA may amend or rescind SFAR No. 113, § 91.1607, as necessary, prior to its expiration date. The FAA is incorporating minor editorial changes for clarifying purposes in § 91.1609, including correcting the title of the FIR and clarifying the procedure for considering approval and exemption requests. These changes are consistent with other recently published SFARs. The FAA is also republishing the details concerning the approval and exemption processes in Sections V and VI of this preamble so that interested persons will be able to refer to this final rule for all relevant information regarding SFAR No. 113. V. Approval Process Based on a Request From a Department, Agency, or Instrumentality of the United States Government A. Approval Process Based on an Authorization Request From a Department, Agency, or Instrumentality of the United States Government In some instances, U.S. Government departments, agencies, or instrumentalities may need to engage U.S. civil aviation to support their activities in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV). The FAA is revising the approval process for SFAR No. 113, § 91.1607, to make it consistent with the approval process of more recently published flight prohibition SFARs. If a department, agency, or instrumentality of the U.S. Government determines that it has a E:\FR\FM\19OCR1.SGM 19OCR1 amozie on DSK3GDR082PROD with RULES 52958 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations critical need to engage any person covered under SFAR No. 113, § 91.1607, including a U.S. air carrier or commercial operator, to conduct a charter to transport civilian or military passengers or cargo, or other operations, in specified areas of the Simferopol FIR (UKFV) or Dnipropetrovsk FIR (UKDV), that department, agency, or instrumentality may request the FAA to approve persons covered under SFAR No. 113, § 91.1607, to conduct such operations. An approval request must be made directly by the requesting department, agency, or instrumentality of the U.S. Government to the FAA’s Associate Administrator for Aviation Safety in a letter signed by an appropriate senior official of the requesting department, agency, or instrumentality. The FAA will not accept or process requests for approval by anyone other than the requesting department, agency, or instrumentality. In addition, the senior official signing the letter requesting FAA approval on behalf of the requesting department, agency, or instrumentality must be sufficiently highly placed within the organization to demonstrate that the senior leadership of the requesting department, agency, or instrumentality supports the request for approval and is committed to taking all necessary steps to minimize operational risks to the proposed flights. The senior official must also be in a position to: (1) Attest to the accuracy of all representations made to the FAA in the request for approval and (2) ensure that any support from the requesting U.S. Government department, agency, or instrumentality described in the request for approval is in fact brought to bear and is maintained over time. Unless justified by exigent circumstances, requests for approval must be submitted to the FAA no less than 30 calendar days before the date on which the requesting department, agency, or instrumentality wishes the proposed operations to commence. The letter must be sent to the Associate Administrator for Aviation Safety, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. Electronic submissions are acceptable, and the requesting entity may request that the FAA notify it electronically as to whether the approval request is granted. If a requestor wishes to make an electronic submission to the FAA, the requestor should contact the Air Transportation Division, Flight Standards Service, at (202) 267–8166, to obtain the appropriate email address. A single letter may request approval from the FAA for multiple persons covered VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 under SFAR No. 113, § 91.1607, and/or for multiple flight operations. To the extent known, the letter must identify the person(s) expected to be covered under the SFAR on whose behalf the U.S. Government department, agency, or instrumentality is seeking FAA approval, and it must describe— • The proposed operation(s), including the nature of the mission being supported; • The service to be provided by the person(s) covered by the SFAR; • To the extent known, the specific locations in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) where the proposed operation(s) will be conducted, including, but not limited to, the flight path and altitude of the aircraft while it is operating in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) and the airports, airfields and/or landing zones at which the aircraft will take-off and land; and • The method by which the department, agency, or instrumentality will provide, or how the operator will otherwise obtain, current threat information and an explanation of how the operator will integrate this information into all phases of the proposed operations (i.e., pre-mission planning and briefing, in-flight, and post-flight phases). The request for approval must also include a list of operators with whom the U.S. Government department, agency, or instrumentality requesting FAA approval has a current contract(s), grant(s), or cooperative agreement(s) (or its prime contractor has a subcontract(s)) for specific flight operations in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV). Additional operators may be identified to the FAA at any time after the FAA approval is issued. However, all additional operators must be identified to, and obtain an Operations Specification (OpSpec) or Letter of Authorization (LOA), as appropriate, from the FAA for operations in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), before such operators commence such operations. The approval conditions discussed below apply to any such additional operators. Updated lists should be sent to the email address to be obtained from the Air Transportation Division, by calling (202) 267–8166. If an approval request includes classified information, requestors may contact Aviation Safety Inspector Michael Filippell for instructions on submitting it to the FAA. His contact PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 information is listed in the FOR FURTHER section of this final rule. FAA approval of an operation under SFAR No. 113, § 91.1607, does not relieve persons subject to this SFAR of their responsibility to comply with all applicable FAA rules and regulations. Operators of civil aircraft must comply with the conditions of their certificate, OpSpecs, and LOAs, as applicable. Operators must also comply with all rules and regulations of other U.S. Government departments or agencies that may apply to the proposed operation(s), including, but not limited to, regulations issued by the Transportation Security Administration. INFORMATION CONTACT B. Approval Conditions If the FAA approves the request, the FAA’s Aviation Safety Organization will send an approval letter to the requesting department, agency, or instrumentality informing it that the FAA’s approval is subject to all of the following conditions: (1) The approval will stipulate those procedures and conditions that limit, to the greatest degree possible, the risk to the operator, while still allowing the operator to achieve its operational objectives. (2) Before any approval takes effect, the operator must submit to the FAA: (a) A written release of the U.S. Government from all damages, claims, and liabilities, including without limitation legal fees and expenses, relating to any event arising out of or related to the approved operations in the Simferopol FIR (UKFV) and/or Dnipropetrovsk FIR (UKDV); and (b) The operator’s written agreement to indemnify the U.S. Government with respect to any and all third-party damages, claims, and liabilities, including without limitation legal fees and expenses, relating to any event arising from or related to the approved operations in specified areas of the Simferopol FIR (UKFV) and/or Dnipropetrovsk FIR (UKDV). (3) Other conditions that the FAA may specify, including those that may be imposed in OpSpecs or LOAs, as applicable. The release and agreement to indemnify do not preclude an operator from raising a claim under an applicable non-premium war risk insurance policy issued by the FAA under chapter 443 of title 49, U.S. Code. If the FAA approves the proposed operation(s), the FAA will issue an OpSpec or LOA, as applicable, to the operator(s) identified in the original request authorizing it to conduct the approved operation(s), and will notify E:\FR\FM\19OCR1.SGM 19OCR1 amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations the department, agency, or instrumentality that requested the FAA’s approval of any additional conditions beyond those contained in the approval letter. through the approval process, the FAA will consider exemption requests for such operations on an expedited basis and prior to any private exemption requests. VI. Information Regarding Petitions for Exemption Any operations not conducted under an approval issued by the FAA through the approval process set forth previously must be conducted under an exemption from SFAR No. 113, § 91.1607. A petition for exemption must comply with 14 CFR part 11 and requires exceptional circumstances beyond those contemplated by the approval process set forth previously. In addition to the information required by 14 CFR 11.81, at a minimum, the requestor must describe in its submission to the FAA— • The proposed operation(s), including the nature of the operation; • The service to be provided by the person(s) covered by the SFAR; • The specific locations in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) where the proposed operation(s) will be conducted, including, but not limited to, the flight path and altitude of the aircraft while it is operating in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) and the airports, airfields and/or landing zones at which the aircraft will take-off and land; • The method by which the operator will obtain current threat information, and an explanation of how the operator will integrate this information into all phases of its proposed operations (i.e., the pre-mission planning and briefing, in-flight, and post-flight phases); and • The plans and procedures that the operator will use to minimize the risks, identified in the preamble of this rule, to the proposed operations, so that granting the exemption would not adversely affect safety or would provide a level of safety at least equal to that provided by this SFAR. The FAA has found comprehensive, organized plans and procedures of this nature to be helpful in facilitating the agency’s safety evaluation of petitions for exemption from flight prohibition SFARs. Additionally, the release and agreement to indemnify, as referred to previously, are required as a condition of any exemption that may be issued under SFAR No. 113, § 91.1607. The FAA recognizes that operations that may be affected by SFAR No. 113, § 91.1607, may be planned for the governments of other countries with the support of the U.S. Government. While these operations will not be permitted VII. Regulatory Notices and Analyses VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 Changes to Federal regulations must undergo several economic analyses. First, Executive Orders 12866 and 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), 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 (Pub. L. 96–39), as amended, 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 that this final rule has benefits that justify its costs. This rule is a significant regulatory action, as defined in section 3(f) of Executive Order 12866, as it raises novel policy issues contemplated under that Executive Order. As notice and comment under 5 U.S.C. 553 are not required for this final rule, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 regarding impacts on small entities are not required. 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 52959 A. Regulatory Evaluation On April 25, 2014, the FAA published SFAR No. 113 prohibiting flight operations in part of the Simferopol FIR (UKFV) by U.S. air carriers and airmen because of conflicting airspace claims between Ukraine and the Russian Federation owing to the Russian annexation of the Crimean Peninsula. The FAA expanded this prohibition to the entire Simferopol FIR (UKFV) and also to the Dnipropetrovsk FIR (UKDV), first by NOTAM (July 18, 2014 (UTC)) and then by rule (79 FR 77857, December 29, 2014), owing to conflict between Ukraine military forces and pro-Russian separatists. On October 27, 2015 (80 FR 65621) and October 27, 2016 (81 FR 74671), the FAA further extended this prohibition. The FAA now proposes to extend the prohibition for another two years, but only for portions of the Simferopol (UKFV) and Dnipropetrovsk (UKDV) FIRs where there is a continuing hazard to civil aviation. The FAA is extending the prohibition against U.S. civil operations over the Crimean peninsula in the Simferopol FIR (UKFV), but is permitting U.S. civil operations over four Black Sea routes, sufficiently offshore from the Crimea Peninsula, and over the high seas, due to a stabilization in the security conditions on these routes. In addition, the FAA is extending the prohibition in the eastern part of the Dnipropetrovsk FIR (UKDV), but is permitting U.S. civil operations from the surface to unlimited in the western portion of the Dnipropetrovsk FIR (UKDV). The FAA is also permitting, by exception, takeoffs and landings at three Ukrainian international airports due to proximity of the arrival and departure routes to the area of prohibition within the Dnipropetrovsk FIR (UKDV). As was noted in the most recent previous amendment to SFAR No. 113, § 91.1607 (81 FR 74671, October 27, 2016), almost all U.S. operators already had voluntarily ceased their operations in these FIRs prior to the issuance of the FAA NOTAM on July 18, 2014 (UTC), which prohibited U.S. civil flight operations in these two FIRs in their entirety. Owing to the continuing hazards to civil flight operations outlined in the preamble, the FAA believes that few, if any, U.S. operators presently seek to conduct operations in the eastern portion of the Dnipropetrovsk FIR (UKDV), or over the Crimean peninsula within the Simferopol FIR (UKFV) in which the FAA continues to prohibit U.S. operations. The FAA notes that since April 25, 2014, when U.S. operators and E:\FR\FM\19OCR1.SGM 19OCR1 52960 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations airmen were first prohibited from conducting operations in a portion of the Simferopol FIR (UKFV), the FAA has not received any requests for approval or petitions for exemption to conduct operations in either the Simferopol FIR (UKFV) or Dnipropetrovsk FIR (UKDV). Accordingly, where U.S. operations continue to be prohibited the FAA believes incremental costs will be minimal and exceeded by the benefits of avoiding the deaths, injuries, and/or property damage that would result from a U.S. operator’s aircraft being shot down (or otherwise damaged) while operating in either the Dnipropetrovsk FIR (UKDV) or the Simferopol FIR (UKFV). As noted in the sections above, the Ukraine ANSP has implemented risk mitigation measures to address safety hazards over the Black Sea routes and on the high seas. These measures have resulted in a significant decrease in safety-related hazards in that part of the Simferopol FIR (UKFV) as shown by over two years of safe flight operations by non-U.S. civil operators on the Black Sea air routes. In the Dnipropetrovsk FIR (UKDV), the deployments of forces associated with the pro-Russian separatists are at this time limited to the eastern part, reducing the risk of a larger-scale conflict that might extend into the western portion of the Dnipropetrovsk FIR (UKDV) and thereby reducing risk to U.S. civil aviation in the western portion. The FAA believes that lifting the prohibition on U.S. civil operations in those parts of the two FIRs will be socially cost-beneficial because it may result in the resumption of safe U.S. civil operations. amozie on DSK3GDR082PROD with RULES B. Regulatory Flexibility Act The Regulatory Flexibility Act, in 5 U.S.C. 603, requires an agency to prepare an initial regulatory flexibility analysis describing impacts on small entities whenever an agency is required by 5 U.S.C. 553, or any other law, 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 being required by that section or any other law to publish a general notice of proposed rulemaking. The FAA found good cause to forgo notice and comment and any delay in the effective date for this rule. As notice and comment under 5 U.S.C. 553 are not required in this situation, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 are not required. VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 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. The FAA has assessed the potential effect of this final rule and determined that its purpose is to protect the safety of U.S. civil aviation from hazards to their operations in the eastern part of the Dnipropetrovsk FIR (UKDV) and over specified areas of the Crimean Peninsula within the Simferopol FIR (UKFV), locations outside the U.S. Therefore, the rule is in compliance 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 $155.0 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 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 immediately adopted final rule. F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA’s policy to conform to ICAO Standards and PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to this regulation. G. Environmental Analysis The FAA has analyzed this action under Executive Order 12114, Environmental Effects Abroad of Major Federal Actions (44 FR 1957, January 4, 1979), 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 that 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), FAA has prepared a memorandum for the record stating the reason(s) for this determination; this memorandum has been placed in the docket for this rulemaking. VIII. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action would not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, would not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it would not be a ‘‘significant energy action’’ under the executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy. C. Executive Order 13609, Promoting International Regulatory Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation. D. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This rule is not subject to the requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because it is issued with respect to a national security function of the United States. IX. Additional Information A. Availability of Rulemaking Documents An electronic copy of a rulemaking document may be obtained from the internet by— • Searching the Federal Document Management System (FDMS) Portal (http://www.regulations.gov); • Visiting the FAA’s Regulations and Policies web page at http:// www.faa.gov/regulations_policies; or • Accessing the Government Publishing Office’s web page at http:// www.fdsys.gov. Copies may also be obtained by sending a request (identified by 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) 267–9677. Except for classified material, all documents the FAA considered in developing this rule, including economic analyses and technical reports, may be accessed from the internet through the Federal Document Management System Portal referenced previously. amozie on DSK3GDR082PROD with RULES 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 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 VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 52961 prohibited from the surface to unlimited, east of a line drawn direct from ABDAR (471802N 351732E) along airway M853 to NIKAD (485946N 355519E), then along airway N604 to GOBUN (501806N 373824E). This List of Subjects in 14 CFR Part 91 prohibition applies to airways M853 Air traffic control, Aircraft, Airmen, and N604. Airports, Aviation safety, Freight, (c) Permitted operations. This section Ukraine. does not prohibit persons described in paragraph (a) of this section from The Amendment conducting flight operations within In consideration of the foregoing, the either flight prohibition, as described in Federal Aviation Administration paragraph (b) of this section under the amends chapter I of title 14, Code of following circumstances: Federal Regulations, part 91, as follows: (1) Operations are permitted within the flight prohibition area of the PART 91—GENERAL OPERATING AND Dnipropetrovsk Flight Information FLIGHT RULES Region (FIR) (UKDV), as described in paragraph (b)(2) of this section, to the ■ 1. The authority citation for part 91 extent necessary to takeoff and land at continues to read as follows: the following three airports, subject to Authority: 49 U.S.C. 106(f), 106(g), 106(g), the approval of, and in accordance with 1155, 40101, 40103, 40105, 40113, 40120, the conditions established by, the 44101, 44111, 44701, 44704, 44709, 44711, appropriate authorities of Ukraine: 44712, 44715, 44716, 44717, 44722, 46306, (i) Kharkiv International Airport 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528–47531, 47534, Pub. L. 114–190, (UKHH); (ii) Dnipropetrovsk International 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Airport (UKDD); and Civil Aviation (61 Stat. 1180), (126 Stat. 11). (iii) Zaporizhzhia International Airport (UKDE). ■ 2. Revise § 91.1607 to read as follows: (2) Operations are permitted within § 91.1607 Special Federal Aviation the flight prohibition areas described in Regulation No. 113—Prohibition Against paragraph (b)(1) or (2) of this section Certain Flights in the Simferopol Flight provided that such flight operations are Information Region (FIR) (UKFV) and the conducted under a contract, grant, or Dnipropetrovsk Flight Information Region cooperative agreement with a (FIR) (UKDV). department, agency, or instrumentality (a) Applicability. This Special Federal of the U.S. Government (or under a Aviation Regulation (SFAR) applies to subcontract between the prime the following persons: contractor of the department, agency, or (1) All U.S. air carriers and U.S. instrumentality and the person commercial operators; described in paragraph (a) of this (2) All persons exercising the privileges of an airman certificate issued section) with the approval of the FAA, or under an exemption issued by the by the FAA, except when such persons FAA. The FAA will consider requests are operating U.S.-registered aircraft for for approval or exemption in a timely a foreign air carrier; and manner, with the order of preference (3) All operators of U.S.-registered being: first, for those operations in civil aircraft, except where the operator support of U.S. Government-sponsored of such aircraft is a foreign air carrier. activities; second, for those operations (b) Flight prohibition. Except as in support of government-sponsored provided in paragraphs (c) and (d) of activities of a foreign country with the this section, no person described in support of a U.S. Government paragraph (a) of this section may department, agency, or instrumentality; conduct flight operations in the and third, for all other operations. following specified areas of the (d) Emergency situations. In an Simferopol FIR (UKFV) or the emergency that requires immediate Dnipropetrovsk FIR (UKDV)— decision and action for the safety of the (1) Operations within the Simferopol flight, the pilot in command of an FIR (UKFV) are prohibited from the aircraft may deviate from this section to surface to unlimited, north and the extent required by that emergency. northeast of a line drawn direct from Except for U.S. air carriers and SOBLO (431503N 362298E) to DOLOT commercial operators that are subject to (434214N 332819E), direct to SOROK the requirements of 14 CFR part 119, (440628N 324260E), then direct to 121, 125, or 135, each person who OTPOL (452738N 313064E). This deviates from this section must, within prohibition applies to airway M747. 10 days of the deviation, excluding (2) Operations within the Saturdays, Sundays, and Federal Dnipropetrovsk FIR (UKDV) are 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/. INFORMATION CONTACT PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1 amozie on DSK3GDR082PROD with RULES 52962 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations holidays, submit to the responsible Flight Standards office a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons for it. (e) Expiration. This SFAR will remain in effect until October 27, 2020. The FAA may amend, rescind, or extend this SFAR as necessary. (f) Definitions. (1) The Simferopol FIR (UKFV) is defined as that airspace from the surface to unlimited within the following lateral limits: 465800N 0360000E–463500N 0364200E– 463424N 0372206E–452700N 0364100E– 452242N 0364100E–451824N 0363524E– 451442N 0363542E–451218N 0363200E– 450418N 0363418E–445612N 0363636E– 443100N 0364000E–424400N 0361600E– 424700N 0340000E–424800N 0320000E– 424800N 0310000E–424800N 0304500E– 434100N 0303200E–441000N 0302512E– 441500N 0302400E–444600N 0300900E– 445447N 0300448E–445230N 0302130E– 445848N 0303342E–451530N 0310642E– 452436N 0312500E–453828N 0315311E– 454436N 0320548E–455442N 0322700E– 460730N 0325430E–464600N 0325300E– 474400N 0330300E–472700N 0344800E– 470630N 0355500E–465800N 0360000E (2) The Dnipropetrovsk FIR (UKDV) is defined as that airspace from the surface to unlimited within the following lateral limits: 511400N 0342700E–504942N 0341300E– 502043N 0335720E–501246N 0335307E– 491848N 0333700E–485700N 0332200E– 484118N 0324431E–483620N 0324010E– 483128N 0323605E–482300N 0323900E– 480730N 0325324E–474600N 0325000E– 474400N 0330300E–472700N 0344800E– 470630N 0355500E–465800N 0360000E– 463500N 0364200E–463424N 0372206E– VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 463930N 0372518E–464700N 0373000E– 465900N 0382000E–470642N 0381324E– then along state boundary until point/– 511400N 0342700. 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), on October 15, 2018. Daniel K. Elwell, Acting Administrator. [FR Doc. 2018–22853 Filed 10–18–18; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 227 and 230 [Release No. 33–10567] Regulation Crowdfunding and Regulation A Relief and Assistance for Victims of Hurricane Michael Securities and Exchange Commission. ACTION: Interim final temporary rule. AGENCY: We are adopting interim final temporary rules for issuers subject to reporting obligations pursuant to Regulation Crowdfunding and Regulation A in order to address the needs of companies directly or indirectly affected by Hurricane Michael. The temporary rules extend the filing deadlines for specified reports and forms due pursuant to Regulation Crowdfunding and Regulation A for certain issuers. DATES: These rules are effective from October 19, 2018 through November 23, 2018, except that amendatory instruction 1 revising the authority citation of part 227 is effective October 19, 2018. FOR FURTHER INFORMATION CONTACT: Jennifer Zepralka, Office Chief, or Amy Reischauer, Special Counsel, Office of Small Business Policy, Division of Corporation Finance, at (202) 551–3460, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–3628. SUPPLEMENTARY INFORMATION: We are adopting amendments to 17 CFR 227.202 (‘‘Rule 202’’) of Regulation Crowdfunding 1 under the Securities Act of 1933 (the ‘‘Securities Act’’) 2 and 17 CFR 230.257 (‘‘Rule 257’’) of Regulation A 3 under the Securities Act as interim final temporary rules. SUMMARY: I. Introduction On October 10, 2018, Hurricane Michael made landfall on the Florida Panhandle. The storm and subsequent flooding have displaced individuals and businesses and disrupted communications and transportation across the affected region. We are adopting these interim final temporary rules to address the needs of companies directly or indirectly affected by Hurricane Michael or its aftermath that are subject to reporting obligations pursuant to Regulation Crowdfunding or Regulation A. Section 28 of the Securities Act provides that the Commission may, by rule or regulation, ‘‘conditionally or unconditionally exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision or provisions of this title or of any rule or regulation issued under this title, to the extent that such exemption is necessary or appropriate in the public interest, and is consistent with the protection of investors.’’ 4 II. Temporary Relief From Filing Requirements for Issuers Subject to the Reporting Obligations of Regulation Crowdfunding or Regulation A The lack of communications, transportation, electricity, facilities, and available staff and professional advisors as a result of Hurricane Michael could hamper the efforts of companies with reporting obligations to meet their filing deadlines pursuant to Regulation Crowdfunding or Regulation A. At the same time, investors have an interest in the timely availability of required information about these companies. While the Commission believes that the temporary relief from filing requirements provided by the amendments to Rule 202 of Regulation Crowdfunding 5 and Rule 257 of Regulation A 6 is both necessary in the public interest and consistent with the protection of investors, we remind companies that are the subject of the relief provided in these interim final temporary rules to continue to evaluate their obligations to make materially accurate and complete disclosures in accordance with the anti-fraud provisions of the federal securities laws. Accordingly, pursuant to Section 28 of the Securities Act, we are adopting interim final temporary rules providing that an issuer subject to the reporting 4 15 U.S.C. 77z–3. Rule 202(c) of Regulation Crowdfunding. 17 CFR 227.202(c). 6 See Rule 257(f) of Regulation A. 17 CFR 230.257(f). 5 See 1 17 CFR 227 et seq. U.S.C. 77a et seq. 3 17 CFR 230.251 through 230.263. 2 15 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1

Agencies

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52954-52962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22853]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2014-0225; Amdt. No. 91-331E]
RIN 2120-AL39


Amendment of the Prohibition Against Certain Flights in Specified 
Areas of the Simferopol and Dnipropetrovsk Flight Information Regions 
(FIRs) (UKFV and UKDV)

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

ACTION: Final rule.

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SUMMARY: This action extends, with modifications to reflect changed 
conditions in specified areas of Ukraine, the Special Federal Aviation 
Regulation (SFAR) prohibiting certain flight operations in the 
Simferopol Flight Information Region (FIR) (UKFV) and Dnipropetrovsk 
Flight Information Region (FIR) (UKDV) by all: U.S. air carriers; U.S. 
commercial operators; persons exercising the privileges of an airman 
certificate issued by the FAA, except when such persons are operating 
U.S.-registered aircraft for a foreign air

[[Page 52955]]

carrier; and operators of U.S.-registered civil aircraft, except where 
the operator of such aircraft is a foreign air carrier. This action 
extends the prohibition in specified areas of Ukraine to safeguard 
against continuing hazards to U.S. civil aviation. However, this action 
also reduces the scope of the prohibition against flights in the 
Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) permitting U.S. 
civil operations to resume in specified areas due to the stabilization 
of safety and security conditions in the relevant regions of Ukraine.

DATES: This final rule is effective on October 19, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
8166; email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    This action extends, with modification to reflect changed 
conditions in Ukraine, the prohibition against U.S. civil flight 
operations in specified areas of the Simferopol Flight Information 
Region (FIR) (UKFV) and Dnipropetrovsk Flight Information Region (FIR) 
(UKDV) by all U.S. air carriers; U.S. commercial operators; persons 
exercising the privileges of an airman certificate issued by the FAA, 
except when such persons are operating U.S.-registered aircraft for a 
foreign air carrier; and operators of U.S.-registered civil aircraft, 
except where the operator of such aircraft is a foreign air carrier, 
from October 27, 2018, until October 27, 2020. The FAA assesses that 
security and safety conditions have sufficiently stabilized in certain 
regions of Ukraine, thereby reducing the area of hazard to U.S. civil 
aviation in specified areas of the Simferopol FIR (UKFV) and 
Dnipropetrovsk FIR (UKDV). However, the FAA finds an extension of the 
prohibition is necessary in other specified areas of Ukraine to 
safeguard against continuing hazards to civil aviation. The new 
boundaries of the prohibition are described in the preamble to this 
final rule. In this action, the FAA retains the lateral limits of the 
Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), for reference as 
definitions in new paragraph (f) of the final rule.

II. Legal Authority and Good Cause

A. Legal 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. The FAA Administrator's 
authority to issue rules on aviation safety is found in title 49, U.S. 
Code, Subtitle I, sections 106(f) and (g). 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.
    This rulemaking is promulgated under the authority described in 
title 49, U.S. Code, 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 regulation is within the scope of FAA's authority, because it 
continues to prohibit the persons described in paragraph (a) of SFAR 
No. 113, 14 CFR 91.1607, from conducting flight operations in specified 
areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) due to 
the continuing hazards to the safety of U.S. civil flight operations in 
certain regions of Ukraine, as described in the preamble to this final 
rule.
    The FAA also finds that this action is fully consistent with the 
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that the FAA 
exercises its duties consistently with the obligations of the United 
States under international agreements.

B. Good Cause for Immediate Adoption

    Section 553(b)(3)(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.'' Section 553(d) also 
authorizes agencies to forgo the delay in the effective date of the 
final rule for good cause found and published with the rule. In this 
instance, the FAA finds good cause to forgo notice and comment because 
notice and comment would be impracticable and contrary to the public 
interest. In addition, it is contrary to the public interest to delay 
the effective date of this SFAR.
    The FAA has identified an ongoing need to maintain the flight 
prohibition in certain specified areas of Ukraine due to continued 
safety of flight hazards associated with both Ukraine and Russia air 
navigation service providers (ANSPs) claiming control of airspace over 
portions of the Simferopol FIR (UKFV) and due to the ongoing conflict 
with localized skirmishes within the eastern portion of the 
Dnipropetrovsk FIR (UKDV). These hazards are further described in the 
preamble to this rule. To the extent that the rule is based upon 
classified information, such information is not permitted to be shared 
with the general public. Also, threats to U.S. civil aviation can 
evolve rapidly. As a result, the agency's original proposal could 
become unsuitable for minimizing the hazards to U.S. civil aviation in 
the affected airspace during or after the notice and comment process. 
For these reasons, the FAA finds good cause to forgo notice and comment 
and any delay in the effective date for this rule.

III. Background

    The FAA first published SFAR No. 113, Sec.  91.1607, on April 25, 
2014, to prohibit certain flight operations in a portion of the 
Simferopol FIR (UKFV) by all: U.S. air carriers; U.S. commercial 
operators; persons exercising the privileges of an airman certificate 
issued by the FAA, except when such persons are operating U.S.-
registered aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except where the operator of such aircraft 
is a foreign air carrier.\1\ At that time, the FAA viewed the 
possibility of civil aircraft receiving confusing and conflicting air 
traffic control instructions from both Ukrainian and Russian air 
navigation service providers (ANSPs) when operating in the portion of 
the Simferopol FIR (UKFV) covered by SFAR No. 113, Sec.  91.1607, as an 
unsafe condition that presented a potential hazard to U.S. civil flight 
operations.
---------------------------------------------------------------------------

    \1\ 79 FR 22862.
---------------------------------------------------------------------------

    On July 18, 2014, the FAA issued a Notice to Airmen (NOTAM) FDC 4/
2182, expanding the flight prohibition to the entire Simferopol FIR 
(UKFV) and Dnipropetrovsk FIR (UKDV), primarily as an immediate 
response to the shoot-down of Malaysia Airlines flight MH17 on July 17, 
2014, while flying over Ukraine at 33,000 feet just west of the Russian 
border. The FAA determined that the ongoing conflict in the region 
posed a significant threat to U.S. civil aviation operations in these 
FIRs. The

[[Page 52956]]

use of weapons capable of targeting and shooting down aircraft flying 
on civil air routes at cruising altitudes posed a significantly 
dangerous threat to civil aircraft flying in the Simferopol FIR (UKFV) 
and Dnipropetrovsk FIR (UKDV). The FAA published a final rule 
incorporating the expanded flight prohibition into SFAR No. 113, Sec.  
91.1607, on December 29, 2014.\2\ The FAA extended this flight 
prohibition on October 27, 2015 3 4 and October 27, 2016 due 
to continuing flight safety concerns regarding conflicting ANSP 
guidance in the Simferopol FIR (UKFV) and the ongoing conflict in 
eastern Ukraine within the Dnipropetrovsk FIR (UKDV).\5\
---------------------------------------------------------------------------

    \2\ 79 FR 77857.
    \3\ 80 FR 65621.
    \4\ The FAA notes that the State Aviation Administration of 
Ukraine conducted and completed an airspace restructuring that went 
into effect in the late 2014 timeframe. The new configuration 
altered both the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) 
altitude structures. To address the Ukraine airspace restructuring 
and provide additional clarity, on July 22, 2016, the FAA published 
a technical amendment to specifically identify the prohibited 
airspace in which SFAR No. 113, Sec.  91.1607, applies, with 
inclusive altitudes and lateral limitations (latitude and longitude 
coordinates). 81 FR 47699.
    \5\ 81 FR 74671.
---------------------------------------------------------------------------

    The flight safety concern for the Simferopol FIR (UKFV) at that 
time was demonstrated by an European Aviation Safety Agency Safety 
Information Bulletin on February 17, 2016, indicating that ATS routes 
L851 and M856 could be considered for planning flights in the 
Simferopol FIR (UKFV), and subsequent Russian Federal Air Transport 
Agency response in which it asserted that it was responsible for air 
traffic services in a portion of the Simferopol FIR (UKFV).
    Separately, in the Dnipropetrovsk FIR (UKDV), the FAA noted that 
there was an ongoing risk of skirmishes in the area and a potential for 
larger-scale fighting in eastern Ukraine involving combined Russian-
separatist forces, which could result in civil aircraft being 
misidentified as a threat and then intercepted or otherwise engaged. In 
the 2016 final rule, the FAA identified that these combined forces had 
access to a variety of anti-aircraft weapons, to include man-portable 
air defense systems (MANPADS) and possibly more advanced surface-to-air 
missiles (SAMs) that had the capability to engage aircraft at higher 
altitudes.

IV. Discussion of the Final Rule

    Since the 2016 final rule, the FAA assesses that security and 
safety conditions have sufficiently stabilized in certain regions of 
Ukraine, thereby reducing the area of impacted airspace in specified 
areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) and is 
revising the flight prohibition to allow U.S. civil flights to resume 
in certain areas. However, the FAA finds an extension of the 
prohibition is necessary in other specified areas of Ukraine to 
safeguard against continuing hazards to civil aviation.

A. Simferopol Flight Information Region (FIR) (UKFV)

    Since 2014, the FAA has prohibited operations within the Simferopol 
FIR (UKFV) by all U.S. civil operators and airmen, in part, due to 
continuing flight safety concerns regarding the risk of pilots being 
given conflicting ANSP guidance within the Simferopol FIR (UKFV). 
Specifically, in 2014, the Russian Federation annexed the Crimean 
Peninsula and claimed ANSP authority over the Simferopol FIR (UKFV), 
including airspace over the Black Sea, and deployed a substantial 
military force to the Peninsula, including advanced weapon capabilities 
to enforce their territorial and airspace claims for portions of the 
Simferopol FIR (UKFV). Since that time, the Russian Federation has 
claimed authority over the entire Simferopol FIR (UKFV) and continues 
to assert authority over the Crimean Peninsula and adjacent waters. 
However, the International Civil Aviation Organization (ICAO) and other 
countries do not support these assertions by the Russian Federation and 
recognize the Ukrainian State Air Traffic Service Enterprise as the 
ANSP with authority over the Simferopol FIR (UKFV).
    The previous flight safety concerns for conflicting ANSP guidance 
for the Black Sea air routes at a distance offshore from the Peninsula 
within portions of the Simferopol FIR (UKFV) have been addressed by the 
government of Ukraine. Since the FAA extended the prohibition in SFAR 
No. 113, Sec.  91.1607, in 2016, the government of Ukraine has 
established, via its aeronautical information publication (AIP), a 
restricted airspace area over the Crimean Peninsula and the adjacent 
territorial sea. In addition, the government of Ukraine has issued 
flight advisories, prohibitions and other instructions for the safe 
navigation of civil aircraft, which are published via NOTAMs,\6\ 
reclassified Ukrainian airspace in 2014 as discussed earlier, and 
improved safety incident reporting procedures to mitigate the risks 
associated with conflicting ANSP guidance from the Russian Federation 
over the Black Sea routes offshore from the Crimean Peninsula and over 
the high seas. Since these actions were implemented, there has been a 
decrease in safety-related hazards demonstrated by over two years of 
safe flight operations on the Black Sea air routes by non-U.S. civil 
operators. Therefore, the FAA assesses that these actions have 
sufficiently mitigated the hazard to civil aviation operating on the 
Black Sea air routes to allow U.S. civil flights to resume on those 
routes. Specifically, the FAA is relaxing the prohibition from the 
surface to unlimited south and southwest of a line drawn direct from 
SOBLO (431503N 362298E) to DOLOT (434214N 332819E), direct to SOROK 
(440628N 324260E), then direct to OTPOL (452738N 313064E). This change 
will allow U.S. operators and codeshare partners the ability to use, 
among others, the following Black Sea routes; M856, M854, M860 and 
L851. Ukrainian air traffic control routing dynamically manages the 
routing of air traffic in the specified airspace to meet changing 
operational demands and conditions.
---------------------------------------------------------------------------

    \6\ The advisories and prohibitions, including instructions 
regarding the closure of certain air routes, which are issued by 
Ukraine and published via NOTAM can be accessed at https://www.icao.int/safety/iStars/Pages/notams.aspx. See e.g. A1055/18-UKFV 
(Ukraine): Flight information region Plain language, which requires 
all aircraft crews flying within the Simferopol FIR to comply only 
with instructions from Ukraine's air navigation service provider.
---------------------------------------------------------------------------

    Nevertheless, the government of Ukraine has not mitigated the 
hazards in all of the Simferopol FIR (UKFV) necessitating a continuing, 
albeit more limited, flight prohibition. An overwhelming Russian 
military presence and weapon capabilities continue to be located on the 
Crimean Peninsula, creating a continuing risk for misidentification of 
aircraft flying over the Peninsula and in the airspace near the 
Peninsula. Additionally, Ukraine and Russia continue to assert 
competing claims of the airspace. For those reasons, and their 
attendant risk to U.S. civil aircraft operations, the FAA is continuing 
to prohibit operations by U.S. civil operators and airmen in the 
Simferopol FIR (UKFV) from the surface to unlimited north and northeast 
of a line drawn direct from SOBLO (431503N 362298E) to DOLOT (434214N 
332819E), direct to SOROK (440628N 324260E), then direct to OTPOL 
(452738N 313064E). The use of airway M747, which partially overlaps 
with the line of demarcation for the area of prohibition, is also 
prohibited. The remaining area of prohibition includes a sufficient 
buffer from the continuing

[[Page 52957]]

hazard associated with operating over the Crimean Peninsula.

B. Dnipropetrovsk Flight Information Region (FIR) (UKDV)

    In the Dnipropetrovsk FIR (UKDV) there continues to be an 
inadvertent risk to civil aviation associated with the ongoing 
conflict, which involves localized skirmishes and the potential for 
larger scale fighting in the eastern portion of the Dnipropetrovsk FIR 
(UKDV). These skirmishes and a risk for potential larger-scale fighting 
could lead to the misidentification and/or engagement of civil aviation 
by separatist air defense forces, as demonstrated by the shoot-down of 
Malaysia Airlines flight MH17 on July 17, 2014. The majority of 
military engagements have been in close proximity to the line of 
conflict in the eastern portion of the Dnipropetrovsk FIR (UKDV). The 
various military and militia elements in that region have access to a 
variety of anti-aircraft weapons systems to include MANPADS and 
possibly more advanced SAMs that have the capability to engage aircraft 
at higher altitudes. Separatists have demonstrated their ability to use 
these anti-aircraft weapons by successfully shooting down a number of 
aircraft during the course of the fighting in eastern Ukraine in 2014. 
Organization for Security and Cooperation in Europe Special Monitoring 
Mission to Ukraine unmanned aircraft systems continue to be shot down 
by SAMs and small arms ground fire, and brought down with GPS jamming 
in the eastern portion of the Dnipropetrovsk FIR (UKDV).
    These threats are concentrated in the eastern portion of the 
Dnipropetrovsk FIR (UKDV) within the pro-Russian separatist enclave and 
in close proximity to the line of control that borders the enclave. The 
anti-aircraft weapons capabilities and deployments of forces associated 
with the pro-Russian separatists are limited at this time to within the 
eastern portion of the Dnipropetrovsk FIR (UKDV). While the potential 
for fluctuating levels of military engagement continues along the line 
of control in eastern portions of the Dnipropetrovsk FIR (UKDV), the 
military conflict has begun to stabilize, which reduces the risk of a 
larger-scale conflict that might extend into the western portion of the 
Dnipropetrovsk FIR (UKDV). This results in a reduced risk to civil 
aviation in the western portion of the Dnipropetrovsk FIR (UKDV), and 
the FAA is relaxing the area of prohibition to account for the reduced 
risk.
    Therefore, due to the continued threats in the eastern portion of 
the Dnipropetrovsk FIR (UKDV), the FAA is continuing to prohibit 
operations by U.S. civil operators and airmen in the Dnipropetrovsk FIR 
(UKDV) from the surface to unlimited east of a line drawn direct from 
ABDAR (471802N 351732E) along airway M853 to NIKAD (485946N 355519E), 
then along airway N604 to GOBUN (501806N 373824E). The use of airways 
M853 and N604, which partially overlap with the line of demarcation for 
the prohibition, is also prohibited. This revised area of prohibition 
includes a sufficient buffer between the conflict region along the 
Ukraine-Russia border, including known weapons that may be threats to 
aviation, and the portions of the Dnipropetrovsk FIR (UKDV) where U.S. 
civil flights are permitted to resume.
    Based on the reduced scope of the prohibition, U.S. operators and 
airmen are permitted to conduct operations in the western portions of 
the Dnipropetrovsk FIR (UKDV) from the surface to unlimited west of a 
line drawn direct from ABDAR (471802N 351732E) along airway M853 to 
NIKAD (485946N 355519E), then along airway N604 to GOBUN (501806N 
373824E), which previously had been prohibited.
    In addition, due to the relatively close proximity of the approach 
and departure routes of three airports to the new boundary of the 
prohibition flight area, the FAA has added an exception for takeoffs 
and landings. This exception permits operations within the flight 
prohibition area of the Dnipropetrovsk FIR (UKDV), to the extent 
necessary to takeoff and land at three specified airports, subject to 
the approval of, and in accordance with the conditions established by, 
the appropriate authorities of Ukraine: Kharkiv International Airport 
(UKHH); Dnipropetrovsk International Airport (UKDD); and Zaporizhzhia 
International Airport (UKDE). The FAA has determined these operations 
can be conducted with minimal additional risk due to the sufficient 
distance provided by the specified prohibition boundary line as a 
buffer from the area of fighting and associated weapons capabilities.
    Therefore, as a result of the significant continuing risk to the 
safety of U.S. civil aviation in specified areas of the Simferopol FIR 
(UKFV) and Dnipropetrovsk FIR (UKDV), the FAA extends the expiration 
date of SFAR No. 113, 14 CFR 91.1607, from October 27, 2018, to October 
27, 2020, to maintain the prohibition on flight operations in specified 
areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) by: 
All U.S. air carriers; U.S. commercial operators; persons exercising 
the privileges of an airman certificate issued by the FAA, except when 
such persons are operating U.S.-registered aircraft for a foreign air 
carrier; and operators of U.S.-registered civil aircraft, except where 
the operator is a foreign air carrier. While the FAA's flight 
prohibition does not apply to foreign air carriers, DOT codeshare 
authorizations prohibit foreign air carriers from carrying a U.S. 
codeshare partner's code on a flight segment that operates in airspace 
for which the FAA has issued a flight prohibition. The FAA is also 
retaining the lateral limits of the Simferopol FIR (UKFV) and 
Dnipropetrovsk FIR (UKDV), which are recognized by ICAO, for reference 
as definitions in new paragraph (f) of the final rule.
    The FAA will continue to actively monitor the situation and 
evaluate the extent to which U.S. civil operators and airmen may be 
able to operate safely in specified areas of the Simferopol FIR (UKFV) 
and Dnipropetrovsk FIR (UKDV). Amendments to SFAR No. 113, Sec.  
91.1607, may be appropriate if the risk to aviation safety and security 
changes. The FAA may amend or rescind SFAR No. 113, Sec.  91.1607, as 
necessary, prior to its expiration date.
    The FAA is incorporating minor editorial changes for clarifying 
purposes in Sec.  91.1609, including correcting the title of the FIR 
and clarifying the procedure for considering approval and exemption 
requests. These changes are consistent with other recently published 
SFARs. The FAA is also republishing the details concerning the approval 
and exemption processes in Sections V and VI of this preamble so that 
interested persons will be able to refer to this final rule for all 
relevant information regarding SFAR No. 113.

V. Approval Process Based on a Request From a Department, Agency, or 
Instrumentality of the United States Government

A. Approval Process Based on an Authorization Request From a 
Department, Agency, or Instrumentality of the United States Government

    In some instances, U.S. Government departments, agencies, or 
instrumentalities may need to engage U.S. civil aviation to support 
their activities in specified areas of the Simferopol FIR (UKFV) and 
Dnipropetrovsk FIR (UKDV). The FAA is revising the approval process for 
SFAR No. 113, Sec.  91.1607, to make it consistent with the approval 
process of more recently published flight prohibition SFARs. If a 
department, agency, or instrumentality of the U.S. Government 
determines that it has a

[[Page 52958]]

critical need to engage any person covered under SFAR No. 113, Sec.  
91.1607, including a U.S. air carrier or commercial operator, to 
conduct a charter to transport civilian or military passengers or 
cargo, or other operations, in specified areas of the Simferopol FIR 
(UKFV) or Dnipropetrovsk FIR (UKDV), that department, agency, or 
instrumentality may request the FAA to approve persons covered under 
SFAR No. 113, Sec.  91.1607, to conduct such operations.
    An approval request must be made directly by the requesting 
department, agency, or instrumentality of the U.S. Government to the 
FAA's Associate Administrator for Aviation Safety in a letter signed by 
an appropriate senior official of the requesting department, agency, or 
instrumentality. The FAA will not accept or process requests for 
approval by anyone other than the requesting department, agency, or 
instrumentality. In addition, the senior official signing the letter 
requesting FAA approval on behalf of the requesting department, agency, 
or instrumentality must be sufficiently highly placed within the 
organization to demonstrate that the senior leadership of the 
requesting department, agency, or instrumentality supports the request 
for approval and is committed to taking all necessary steps to minimize 
operational risks to the proposed flights. The senior official must 
also be in a position to: (1) Attest to the accuracy of all 
representations made to the FAA in the request for approval and (2) 
ensure that any support from the requesting U.S. Government department, 
agency, or instrumentality described in the request for approval is in 
fact brought to bear and is maintained over time. Unless justified by 
exigent circumstances, requests for approval must be submitted to the 
FAA no less than 30 calendar days before the date on which the 
requesting department, agency, or instrumentality wishes the proposed 
operations to commence.
    The letter must be sent to the Associate Administrator for Aviation 
Safety, Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591. Electronic submissions are acceptable, and the 
requesting entity may request that the FAA notify it electronically as 
to whether the approval request is granted. If a requestor wishes to 
make an electronic submission to the FAA, the requestor should contact 
the Air Transportation Division, Flight Standards Service, at (202) 
267-8166, to obtain the appropriate email address. A single letter may 
request approval from the FAA for multiple persons covered under SFAR 
No. 113, Sec.  91.1607, and/or for multiple flight operations. To the 
extent known, the letter must identify the person(s) expected to be 
covered under the SFAR on whose behalf the U.S. Government department, 
agency, or instrumentality is seeking FAA approval, and it must 
describe--
     The proposed operation(s), including the nature of the 
mission being supported;
     The service to be provided by the person(s) covered by the 
SFAR;
     To the extent known, the specific locations in specified 
areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) where 
the proposed operation(s) will be conducted, including, but not limited 
to, the flight path and altitude of the aircraft while it is operating 
in specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR 
(UKDV) and the airports, airfields and/or landing zones at which the 
aircraft will take-off and land; and
     The method by which the department, agency, or 
instrumentality will provide, or how the operator will otherwise 
obtain, current threat information and an explanation of how the 
operator will integrate this information into all phases of the 
proposed operations (i.e., pre-mission planning and briefing, in-
flight, and post-flight phases).
    The request for approval must also include a list of operators with 
whom the U.S. Government department, agency, or instrumentality 
requesting FAA approval has a current contract(s), grant(s), or 
cooperative agreement(s) (or its prime contractor has a subcontract(s)) 
for specific flight operations in specified areas of the Simferopol FIR 
(UKFV) and Dnipropetrovsk FIR (UKDV). Additional operators may be 
identified to the FAA at any time after the FAA approval is issued. 
However, all additional operators must be identified to, and obtain an 
Operations Specification (OpSpec) or Letter of Authorization (LOA), as 
appropriate, from the FAA for operations in specified areas of the 
Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV), before such 
operators commence such operations. The approval conditions discussed 
below apply to any such additional operators. Updated lists should be 
sent to the email address to be obtained from the Air Transportation 
Division, by calling (202) 267-8166.
    If an approval request includes classified information, requestors 
may contact Aviation Safety Inspector Michael Filippell for 
instructions on submitting it to the FAA. His contact information is 
listed in the For Further Information Contact section of this final 
rule.
    FAA approval of an operation under SFAR No. 113, Sec.  91.1607, 
does not relieve persons subject to this SFAR of their responsibility 
to comply with all applicable FAA rules and regulations. Operators of 
civil aircraft must comply with the conditions of their certificate, 
OpSpecs, and LOAs, as applicable. Operators must also comply with all 
rules and regulations of other U.S. Government departments or agencies 
that may apply to the proposed operation(s), including, but not limited 
to, regulations issued by the Transportation Security Administration.

B. Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety 
Organization will send an approval letter to the requesting department, 
agency, or instrumentality informing it that the FAA's approval is 
subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions 
that limit, to the greatest degree possible, the risk to the operator, 
while still allowing the operator to achieve its operational 
objectives.
    (2) Before any approval takes effect, the operator must submit to 
the FAA:
    (a) A written release of the U.S. Government from all damages, 
claims, and liabilities, including without limitation legal fees and 
expenses, relating to any event arising out of or related to the 
approved operations in the Simferopol FIR (UKFV) and/or Dnipropetrovsk 
FIR (UKDV); and
    (b) The operator's written agreement to indemnify the U.S. 
Government with respect to any and all third-party damages, claims, and 
liabilities, including without limitation legal fees and expenses, 
relating to any event arising from or related to the approved 
operations in specified areas of the Simferopol FIR (UKFV) and/or 
Dnipropetrovsk FIR (UKDV).
    (3) Other conditions that the FAA may specify, including those that 
may be imposed in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator 
from raising a claim under an applicable non-premium war risk insurance 
policy issued by the FAA under chapter 443 of title 49, U.S. Code.
    If the FAA approves the proposed operation(s), the FAA will issue 
an OpSpec or LOA, as applicable, to the operator(s) identified in the 
original request authorizing it to conduct the approved operation(s), 
and will notify

[[Page 52959]]

the department, agency, or instrumentality that requested the FAA's 
approval of any additional conditions beyond those contained in the 
approval letter.

VI. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval issued by the FAA 
through the approval process set forth previously must be conducted 
under an exemption from SFAR No. 113, Sec.  91.1607. A petition for 
exemption must comply with 14 CFR part 11 and requires exceptional 
circumstances beyond those contemplated by the approval process set 
forth previously. In addition to the information required by 14 CFR 
11.81, at a minimum, the requestor must describe in its submission to 
the FAA--
     The proposed operation(s), including the nature of the 
operation;
     The service to be provided by the person(s) covered by the 
SFAR;
     The specific locations in specified areas of the 
Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV) where the proposed 
operation(s) will be conducted, including, but not limited to, the 
flight path and altitude of the aircraft while it is operating in 
specified areas of the Simferopol FIR (UKFV) and Dnipropetrovsk FIR 
(UKDV) and the airports, airfields and/or landing zones at which the 
aircraft will take-off and land;
     The method by which the operator will obtain current 
threat information, and an explanation of how the operator will 
integrate this information into all phases of its proposed operations 
(i.e., the pre-mission planning and briefing, in-flight, and post-
flight phases); and
     The plans and procedures that the operator will use to 
minimize the risks, identified in the preamble of this rule, to the 
proposed operations, so that granting the exemption would not adversely 
affect safety or would provide a level of safety at least equal to that 
provided by this SFAR. The FAA has found comprehensive, organized plans 
and procedures of this nature to be helpful in facilitating the 
agency's safety evaluation of petitions for exemption from flight 
prohibition SFARs.
    Additionally, the release and agreement to indemnify, as referred 
to previously, are required as a condition of any exemption that may be 
issued under SFAR No. 113, Sec.  91.1607.
    The FAA recognizes that operations that may be affected by SFAR No. 
113, Sec.  91.1607, may be planned for the governments of other 
countries with the support of the U.S. Government. While these 
operations will not be permitted through the approval process, the FAA 
will consider exemption requests for such operations on an expedited 
basis and prior to any private exemption requests.

VII. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Orders 12866 and 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), 
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 (Pub. L. 96-39), as amended, 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 that this 
final rule has benefits that justify its costs. This rule is a 
significant regulatory action, as defined in section 3(f) of Executive 
Order 12866, as it raises novel policy issues contemplated under that 
Executive Order. As notice and comment under 5 U.S.C. 553 are not 
required for this final rule, the regulatory flexibility analyses 
described in 5 U.S.C. 603 and 604 regarding impacts on small entities 
are not required. 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

    On April 25, 2014, the FAA published SFAR No. 113 prohibiting 
flight operations in part of the Simferopol FIR (UKFV) by U.S. air 
carriers and airmen because of conflicting airspace claims between 
Ukraine and the Russian Federation owing to the Russian annexation of 
the Crimean Peninsula. The FAA expanded this prohibition to the entire 
Simferopol FIR (UKFV) and also to the Dnipropetrovsk FIR (UKDV), first 
by NOTAM (July 18, 2014 (UTC)) and then by rule (79 FR 77857, December 
29, 2014), owing to conflict between Ukraine military forces and pro-
Russian separatists. On October 27, 2015 (80 FR 65621) and October 27, 
2016 (81 FR 74671), the FAA further extended this prohibition. The FAA 
now proposes to extend the prohibition for another two years, but only 
for portions of the Simferopol (UKFV) and Dnipropetrovsk (UKDV) FIRs 
where there is a continuing hazard to civil aviation. The FAA is 
extending the prohibition against U.S. civil operations over the 
Crimean peninsula in the Simferopol FIR (UKFV), but is permitting U.S. 
civil operations over four Black Sea routes, sufficiently offshore from 
the Crimea Peninsula, and over the high seas, due to a stabilization in 
the security conditions on these routes. In addition, the FAA is 
extending the prohibition in the eastern part of the Dnipropetrovsk FIR 
(UKDV), but is permitting U.S. civil operations from the surface to 
unlimited in the western portion of the Dnipropetrovsk FIR (UKDV). The 
FAA is also permitting, by exception, takeoffs and landings at three 
Ukrainian international airports due to proximity of the arrival and 
departure routes to the area of prohibition within the Dnipropetrovsk 
FIR (UKDV).
    As was noted in the most recent previous amendment to SFAR No. 113, 
Sec.  91.1607 (81 FR 74671, October 27, 2016), almost all U.S. 
operators already had voluntarily ceased their operations in these FIRs 
prior to the issuance of the FAA NOTAM on July 18, 2014 (UTC), which 
prohibited U.S. civil flight operations in these two FIRs in their 
entirety. Owing to the continuing hazards to civil flight operations 
outlined in the preamble, the FAA believes that few, if any, U.S. 
operators presently seek to conduct operations in the eastern portion 
of the Dnipropetrovsk FIR (UKDV), or over the Crimean peninsula within 
the Simferopol FIR (UKFV) in which the FAA continues to prohibit U.S. 
operations. The FAA notes that since April 25, 2014, when U.S. 
operators and

[[Page 52960]]

airmen were first prohibited from conducting operations in a portion of 
the Simferopol FIR (UKFV), the FAA has not received any requests for 
approval or petitions for exemption to conduct operations in either the 
Simferopol FIR (UKFV) or Dnipropetrovsk FIR (UKDV). Accordingly, where 
U.S. operations continue to be prohibited the FAA believes incremental 
costs will be minimal and exceeded by the benefits of avoiding the 
deaths, injuries, and/or property damage that would result from a U.S. 
operator's aircraft being shot down (or otherwise damaged) while 
operating in either the Dnipropetrovsk FIR (UKDV) or the Simferopol FIR 
(UKFV).
    As noted in the sections above, the Ukraine ANSP has implemented 
risk mitigation measures to address safety hazards over the Black Sea 
routes and on the high seas. These measures have resulted in a 
significant decrease in safety-related hazards in that part of the 
Simferopol FIR (UKFV) as shown by over two years of safe flight 
operations by non-U.S. civil operators on the Black Sea air routes. In 
the Dnipropetrovsk FIR (UKDV), the deployments of forces associated 
with the pro-Russian separatists are at this time limited to the 
eastern part, reducing the risk of a larger-scale conflict that might 
extend into the western portion of the Dnipropetrovsk FIR (UKDV) and 
thereby reducing risk to U.S. civil aviation in the western portion. 
The FAA believes that lifting the prohibition on U.S. civil operations 
in those parts of the two FIRs will be socially cost-beneficial because 
it may result in the resumption of safe U.S. civil operations.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, in 5 U.S.C. 603, requires an agency 
to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever an agency is required by 5 U.S.C. 
553, or any other law, 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 being required by 
that section or any other law to publish a general notice of proposed 
rulemaking. The FAA found good cause to forgo notice and comment and 
any delay in the effective date for this rule. As notice and comment 
under 5 U.S.C. 553 are not required in this situation, the regulatory 
flexibility analyses described in 5 U.S.C. 603 and 604 are not 
required.

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.
    The FAA has assessed the potential effect of this final rule and 
determined that its purpose is to protect the safety of U.S. civil 
aviation from hazards to their operations in the eastern part of the 
Dnipropetrovsk FIR (UKDV) and over specified areas of the Crimean 
Peninsula within the Simferopol FIR (UKFV), locations outside the U.S. 
Therefore, the rule is in compliance 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 $155.0 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 
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 immediately adopted final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA's policy to conform to ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA has determined that there are no ICAO Standards and Recommended 
Practices that correspond to this regulation.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions (44 FR 1957, 
January 4, 1979), 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 that 
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), FAA has prepared a 
memorandum for the record stating the reason(s) for this determination; 
this memorandum has been placed in the docket for this rulemaking.

VIII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. The agency has determined that this 
action would not have a substantial direct effect on the States, or the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and, therefore, would not have Federalism implications.

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

    The FAA analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation,

[[Page 52961]]

(77 FR 26413, May 4, 2012) promotes international regulatory 
cooperation to meet shared challenges involving health, safety, labor, 
security, environmental, and other issues and to reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

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

    This rule is not subject to the requirements of E.O. 13771 (82 FR 
9339, Feb. 3, 2017) because it is issued with respect to a national 
security function of the United States.

IX. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained from 
the internet by--
     Searching the Federal Document Management System (FDMS) 
Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies web page at 
http://www.faa.gov/regulations_policies; or
     Accessing the Government Publishing Office's web page at 
http://www.fdsys.gov.
    Copies may also be obtained by sending a request (identified by 
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) 267-9677.
    Except for classified material, all documents the FAA considered in 
developing this rule, including economic analyses and technical 
reports, may be accessed from the internet through the Federal Document 
Management System Portal referenced previously.

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 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 http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

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, part 91, 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), 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. Revise Sec.  91.1607 to read as follows:


Sec.  91.1607   Special Federal Aviation Regulation No. 113--
Prohibition Against Certain Flights in the Simferopol Flight 
Information Region (FIR) (UKFV) and the Dnipropetrovsk Flight 
Information Region (FIR) (UKDV).

    (a) Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to the following persons:
    (1) All U.S. air carriers and U.S. commercial operators;
    (2) All persons exercising the privileges of an airman certificate 
issued by the FAA, except when such persons are operating U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except where 
the operator of such aircraft is a foreign air carrier.
    (b) Flight prohibition. Except as provided in paragraphs (c) and 
(d) of this section, no person described in paragraph (a) of this 
section may conduct flight operations in the following specified areas 
of the Simferopol FIR (UKFV) or the Dnipropetrovsk FIR (UKDV)--
    (1) Operations within the Simferopol FIR (UKFV) are prohibited from 
the surface to unlimited, north and northeast of a line drawn direct 
from SOBLO (431503N 362298E) to DOLOT (434214N 332819E), direct to 
SOROK (440628N 324260E), then direct to OTPOL (452738N 313064E). This 
prohibition applies to airway M747.
    (2) Operations within the Dnipropetrovsk FIR (UKDV) are prohibited 
from the surface to unlimited, east of a line drawn direct from ABDAR 
(471802N 351732E) along airway M853 to NIKAD (485946N 355519E), then 
along airway N604 to GOBUN (501806N 373824E). This prohibition applies 
to airways M853 and N604.
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations within either flight prohibition, as described in paragraph 
(b) of this section under the following circumstances:
    (1) Operations are permitted within the flight prohibition area of 
the Dnipropetrovsk Flight Information Region (FIR) (UKDV), as described 
in paragraph (b)(2) of this section, to the extent necessary to takeoff 
and land at the following three airports, subject to the approval of, 
and in accordance with the conditions established by, the appropriate 
authorities of Ukraine:
    (i) Kharkiv International Airport (UKHH);
    (ii) Dnipropetrovsk International Airport (UKDD); and
    (iii) Zaporizhzhia International Airport (UKDE).
    (2) Operations are permitted within the flight prohibition areas 
described in paragraph (b)(1) or (2) of this section provided that such 
flight operations are conducted under a contract, grant, or cooperative 
agreement with a department, agency, or instrumentality of the U.S. 
Government (or under a subcontract between the prime contractor of the 
department, agency, or instrumentality and the person described in 
paragraph (a) of this section) with the approval of the FAA, or under 
an exemption issued by the FAA. The FAA will consider requests for 
approval or exemption in a timely manner, with the order of preference 
being: first, for those operations in support of U.S. Government-
sponsored activities; second, for those operations in support of 
government-sponsored activities of a foreign country with the support 
of a U.S. Government department, agency, or instrumentality; and third, 
for all other operations.
    (d) Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this section to the extent required by 
that emergency. Except for U.S. air carriers and commercial operators 
that are subject to the requirements of 14 CFR part 119, 121, 125, or 
135, each person who deviates from this section must, within 10 days of 
the deviation, excluding Saturdays, Sundays, and Federal

[[Page 52962]]

holidays, submit to the responsible Flight Standards office a complete 
report of the operations of the aircraft involved in the deviation, 
including a description of the deviation and the reasons for it.
    (e) Expiration. This SFAR will remain in effect until October 27, 
2020. The FAA may amend, rescind, or extend this SFAR as necessary.
    (f) Definitions. (1) The Simferopol FIR (UKFV) is defined as that 
airspace from the surface to unlimited within the following lateral 
limits:

465800N 0360000E-463500N 0364200E-
463424N 0372206E-452700N 0364100E-
452242N 0364100E-451824N 0363524E-
451442N 0363542E-451218N 0363200E-
450418N 0363418E-445612N 0363636E-
443100N 0364000E-424400N 0361600E-
424700N 0340000E-424800N 0320000E-
424800N 0310000E-424800N 0304500E-
434100N 0303200E-441000N 0302512E-
441500N 0302400E-444600N 0300900E-
445447N 0300448E-445230N 0302130E-
445848N 0303342E-451530N 0310642E-
452436N 0312500E-453828N 0315311E-
454436N 0320548E-455442N 0322700E-
460730N 0325430E-464600N 0325300E-
474400N 0330300E-472700N 0344800E-
470630N 0355500E-465800N 0360000E

    (2) The Dnipropetrovsk FIR (UKDV) is defined as that airspace from 
the surface to unlimited within the following lateral limits:

511400N 0342700E-504942N 0341300E-
502043N 0335720E-501246N 0335307E-
491848N 0333700E-485700N 0332200E-
484118N 0324431E-483620N 0324010E-
483128N 0323605E-482300N 0323900E-
480730N 0325324E-474600N 0325000E-
474400N 0330300E-472700N 0344800E-
470630N 0355500E-465800N 0360000E-
463500N 0364200E-463424N 0372206E-
463930N 0372518E-464700N 0373000E-
465900N 0382000E-470642N 0381324E-
then along state boundary until point/-511400N 0342700.

    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), on 
October 15, 2018.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2018-22853 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-13-P