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]
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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
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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:
■
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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:
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(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:
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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,
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(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
(https://www.regulations.gov);
• Visiting the FAA’s Regulations and
Policies web page at https://
www.faa.gov/regulations_policies; or
• Accessing the Government
Publishing Office’s web page at https://
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.
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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
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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 https://www.faa.gov/regulations_
policies/rulemaking/sbre_act/.
INFORMATION CONTACT
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 (https://www.regulations.gov);
Visiting the FAA's Regulations and Policies web page at
https://www.faa.gov/regulations_policies; or
Accessing the Government Publishing Office's web page at
https://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 https://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
