Removal of the Prohibition Against Certain Flights in Specified Areas of the Dnipro Flight Information Region (FIR) (UKDV), 73529-73532 [2023-23656]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Pages 73529-73532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23656]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / 
Rules and Regulations

[[Page 73529]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2014-0225; Amdt. No. 91-331H]
RIN 2120-AL95


Removal of the Prohibition Against Certain Flights in Specified 
Areas of the Dnipro Flight Information Region (FIR) (UKDV)

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

ACTION: Final rule.

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SUMMARY: This action removes the current flight prohibition Special 
Federal Aviation Regulation (SFAR) for specified areas of the Dnipro 
Flight Information Region (FIR) (UKDV). This SFAR, which is scheduled 
to expire on October 27, 2023, reflects risks to the safety of U.S. 
civil aviation as they existed prior to the Russian Federation's full-
scale invasion of Ukraine in February 2022 and is therefore obsolete. 
This action is necessary to alleviate confusion that might otherwise 
result from leaving an obsolete rule in the Code of Federal Regulations 
(CFR) after its scheduled expiration date of October 27, 2023. FAA 
Notice-to-Air-Missions (NOTAM) KICZ A0004/22 remains in effect and 
continues to prohibit U.S. civil flight operations in the Lviv (UKLV), 
Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs, 
as well as the Kyiv Upper Information Region (UIR) (UKBU). NOTAM KICZ 
A0004/22, together with NOTAMs KICZ A0003/22 and A0005/22, reflects the 
FAA's current assessment of the safety-of-flight risks the Russia-
Ukraine conflict presents to U.S. civil aviation operations.

DATES: This final rule is effective on October 27, 2023.

FOR FURTHER INFORMATION CONTACT: Bill Petrak, Flight Standards Service, 
through the Washington Operations Center, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-3203; email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    This action removes the FAA's current flight prohibition SFAR for 
specified areas of the Dnipro FIR (UKDV), SFAR No. 113, 14 CFR 
91.1607.\1\ SFAR No. 113, Sec.  91.1607, which is scheduled to expire 
on October 27, 2023, reflects risks to the safety of U.S. civil 
aviation as they existed prior to the Russian Federation's full-scale 
invasion of Ukraine in February 2022 and is therefore obsolete. This 
action is necessary to alleviate confusion that might otherwise result 
from leaving an obsolete rule in the CFR after its scheduled expiration 
date of October 27, 2023. NOTAM KICZ A0004/22 remains in effect and 
continues to prohibit U.S. civil flight operations in the Lviv (UKLV), 
Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs, 
as well as the Kyiv UIR (UKBU). NOTAM KICZ A0004/22, together with 
NOTAMs KICZ A0003/22 and A0005/22,\2\ reflects the FAA's current 
assessment of the safety-of-flight risks the Russia-Ukraine conflict 
presents to U.S. civil aviation operations.
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    \1\ In its May 24, 2018, Aeronautical Information Regulation and 
Control (AIRAC 1806) publication, the Ukrainian State Air Traffic 
Services Enterprise, the air navigation service provider for 
Ukraine, renamed the FIR formerly known as the Dnipropetrovsk FIR 
(UKDV) the Dnipro FIR (UKDV). This rule uses the current FIR name, 
including in historical references to the FIR.
    \2\ NOTAM KICZ A0003/22 prohibits U.S. civil aviation operations 
in the Minsk FIR (UMMV), and NOTAM KICZ A0005/22 prohibits U.S. 
civil aviation operations in specified areas of the Moscow (UUWV), 
Samara (UWWW), and Rostov-na Donu (URRV) FIRs within the 160 
nautical miles of the boundaries of those FIRs and the Ukrainian-
managed FIRs described in NOTAM KICZ A0005/22.
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II. Authority and Good Cause

A. Authority

    The FAA is responsible for the safety of flight in the U.S. and for 
the safety of U.S. civil operators, U.S.-registered civil aircraft, and 
U.S.-certificated airmen throughout the world. Sections 106(f) and (g) 
of title 49, U.S. Code (U.S.C.), subtitle I, establish the FAA 
Administrator's authority to issue rules on aviation safety. Subtitle 
VII of title 49, Aviation Programs, describes in more detail the scope 
of the agency's authority. Section 40101(d)(1) provides that the 
Administrator shall consider in the public interest, among other 
matters, assigning, maintaining, and enhancing safety and security as 
the highest priorities in air commerce. Section 40105(b)(1)(A) requires 
the Administrator to exercise this authority consistently with the 
obligations of the U.S. Government under international agreements.
    The FAA is promulgating this rule under the authority described in 
49 U.S.C. 44701, General requirements. Under that section, the FAA is 
charged broadly with promoting safe flight of civil aircraft in air 
commerce by prescribing, among other things, regulations and minimum 
standards for practices, methods, and procedures that the Administrator 
finds necessary for safety in air commerce and national security.
    This regulation is within the scope of the FAA's authority because 
it removes an obsolete flight prohibition that prohibits the persons 
described in paragraph (a) of SFAR No. 113, Sec.  91.1607, from 
conducting flight operations in specified areas of the Dnipro FIR 
(UKDV) only. The February 2022 full-scale Russian invasion of Ukraine 
and the ensuing armed conflict between the Russian Federation and 
Ukraine significantly expanded the area of unacceptable safety-of-
flight risks to U.S. civil aviation beyond the boundaries of SFAR No. 
113, Sec.  91.1607. To address the resulting emergency related to 
safety in air commerce, which required immediate action, the FAA 
Administrator issued emergency orders, as authorized by 49 U.S.C. 
46105(c), in the form of NOTAMs KICZ A0003/22, A0004/22, and A0005/22. 
As described in NOTAMs KICZ A0003/22, A0004/22, and A0005/22, these 
emergency orders prohibit U.S. civil aviation operations throughout all 
of the FIRs managed by Belarus and Ukraine and in specified areas of 
certain FIRs managed by the Russian Federation. The FAA has determined 
it is not practicable at this time to give preference to a proceeding 
to incorporate the flight prohibition contained in NOTAM KICZ A0004/22 
into the CFR, because the Russia-

[[Page 73530]]

Ukraine conflict and the associated areas of unacceptable safety-of-
flight risks to U.S. civil aviation have yet to stabilize sufficiently.

B. Good Cause for Immediate Adoption

    Section 553(b)(B) of title 5, U.S. Code, authorizes agencies to 
dispense with notice and comment procedures for rules when the agency 
for ``good cause'' finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Also, section 553(d) 
permits agencies, upon a finding of good cause, to issue rules with an 
effective date less than 30 days from the date of publication. In this 
instance, the FAA finds good cause to forgo notice and comment and the 
delayed effective date because they would be unnecessary.
    This action removes SFAR No. 113, Sec.  91.1607, which only 
prohibits U.S. civil aviation operations in specified areas of the 
Dnipro FIR (UKDV) and is scheduled to expire on October 27, 2023. As 
previously described, the February 2022 full-scale Russian invasion of 
Ukraine and the ensuing armed conflict between the Russian Federation 
and Ukraine significantly expanded the area of unacceptable safety-of-
flight risks to U.S. civil aviation, leading the FAA to issue NOTAMs 
KICZ A0003/22, A0004/22, and A0005/22 to address the resulting 
emergency related to safety in air commerce. NOTAM KICZ A0004/22 
prohibits U.S. civil aviation operations in all of the FIRs managed by 
Ukraine, including the specified areas of the Dnipro FIR (UKDV) in 
which SFAR No. 113, Sec.  91.1607, prohibits U.S. civil aviation 
operations. NOTAM KICZ A0004/22 remains in effect until modified, 
superseded, or rescinded by the FAA.
    Leaving SFAR No. 113, Sec.  91.1607, in the CFR after its scheduled 
expiration date of October 27, 2023, might confuse the regulated 
community. Therefore, to alleviate the potential for confusion, the FAA 
is removing SFAR No. 113, Sec.  91.1607. This action is ministerial in 
nature as it is only removing an expired provision from the CFR and has 
no substantive effect on the public.
    For the reasons previously described, the FAA finds that providing 
notice and seeking public comment under 5 U.S.C. 553(b)(B) are 
unnecessary. For the same reasons, the FAA finds that good cause exists 
under 5 U.S.C. 553(d) for making this rule effective in less than 30 
days. Accordingly, the FAA finds good cause exists to forgo notice and 
comment and any delay in the effective date for this rule.

III. Background and Discussion of the Final Rule

    On April 25, 2014, the FAA published SFAR No. 113, Sec.  91.1607, 
which initially prohibited certain flight operations in a portion of 
the Simferopol FIR (UKFV) after Russia unlawfully seized Crimea from 
Ukraine.\3\ In the months that followed, the ensuing violence and the 
associated safety-of-flight risks to U.S. civil aviation expanded to 
encompass the entirety of the Simferopol and Dnipro FIRs (UKFV and 
UKDV, respectively). Tragically, Malaysia Airlines Flight 17 (MH 17) 
was shot down on July 17, 2014, while flying over Ukraine at 33,000 
feet, just west of the Russian border. All of the 298 passengers and 
crew on board MH 17 perished.
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    \3\ Prohibition Against Certain Flights in the Simferopol (UKFV) 
Flight Information Region (FIR) final rule, 79 FR 22862 (Apr. 25, 
2014).
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    The FAA determined the use of weapons capable of targeting and 
shooting down aircraft flying on civil air routes at cruising altitudes 
posed a dangerous threat to U.S. civil aviation operating in the 
Simferopol and Dnipro FIRs (UKFV and UKDV, respectively). On July 18, 
2014, Coordinated Universal Time (UTC), the FAA issued NOTAM FDC 4/
2182, which prohibited U.S. civil aviation operations in the entirety 
of the Simferopol and Dnipro FIRs (UKFV and UKDV, respectively). The 
FAA subsequently incorporated that flight prohibition into SFAR No. 
113, Sec.  91.1607, on December 29, 2014.\4\
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    \4\ Prohibition Against Certain Flights in the Simferopol (UKFV) 
and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs) final 
rule, 79 FR 77857 (Dec. 29, 2014).
---------------------------------------------------------------------------

    In the years that followed, the FAA determined security and safety 
conditions had stabilized sufficiently in certain portions of the 
Simferopol and Dnipro FIRs (UKFV and UKDV, respectively) for U.S. civil 
aviation operations to resume safely.\5\ Most recently, in an October 
2021 final rule,\6\ the FAA determined that an unacceptable level of 
inadvertent risk to U.S. civil aviation operations remained in the 
specified areas of the Dnipro FIR (UKDV), which included the airspace 
over and near the line of contact, as it existed at that time, where 
most cease-fire violations occurred. Tensions remained elevated, in 
part due to the heightened Russian military force posturing in Crimea 
and along the Russia-Ukraine border and increases in cease-fire 
violations. In addition, the conflict between Ukraine and Russian-back 
separatists in eastern Ukraine continued. These circumstances resulted 
in continued inadvertent risk to U.S. civil aviation operations due to 
the potential for miscalculation or misidentification.
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    \5\ Amendment of the Prohibition Against Certain Flights in 
Specified Areas of the Simferopol and Dnipropetrovsk Flight 
Information Regions (FIRs) (UKFV and UKDV) final rule, 83 FR 52954 
(Oct. 19, 2018); Amendment of the Prohibition Against Certain 
Flights in Specified Areas of the Simferopol and Dnipropetrovsk 
Flight Information Regions (FIRs) (UKFV and UKDV) final rule, 85 FR 
65678 (Oct. 16, 2020); and Extension of the Prohibition Against 
Certain Flights in Specified Areas of the Dnipro Flight Information 
Region (FIR) (UKDV) final rule, 86 FR 55485 (Oct. 6, 2021).
    \6\ Extension of the Prohibition Against Certain Flights in 
Specified Areas of the Dnipro Flight Information Region (FIR) (UKDV) 
final rule, 86 FR 55485 (Oct. 6, 2021).
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    The February 2022 full-scale Russian invasion of Ukraine greatly 
expanded the area of unacceptable safety-of-flight risks to U.S. civil 
aviation to include the entirety of Ukrainian territorial airspace, as 
well as the international airspace of all of the FIRs managed by 
Ukraine. On February 24, 2022, the FAA issued NOTAM KICZ A0004/22, 
prohibiting U.S. civil aviation operations in all of the FIRs managed 
by Ukraine at all altitudes.
    The FAA has determined the situation in all of the FIRs managed by 
Ukraine continues to pose an unacceptable level of risk for U.S. civil 
aviation safety. Conflict-related risks affecting civil aviation in 
these FIRs include near-daily attacks using weaponized unmanned 
aircraft systems (UAS), cruise missiles, and attack helicopters, 
resulting in the increased defensive use of advanced surface-to-air 
missile systems and electronic warfare. The Russian Federation has 
demonstrated its continuing capability and intent to use standoff 
strike capabilities to engage targets throughout Ukraine, including the 
capital, Kyiv, and Lviv, located in western Ukraine near the border 
with Poland. In June 2023, Ukraine launched its anticipated 
counteroffensive in eastern and southern Ukraine, prompting increased 
Russian standoff attacks to put pressure on the Ukrainian government. 
The protracted conflict is expected to continue in the near to mid-
term, despite minimal changes in territorial control so far as the 
Ukraine counteroffensive takes shape. It remains unclear when and how 
the conflict, and the associated areas of unacceptable safety-of-flight 
risks to U.S. civil aviation, may eventually stabilize. Under these 
circumstances, the FAA has determined it is not practicable to give 
preference to a proceeding to incorporate the flight prohibition 
contained in NOTAM KICZ A0004/22 into the CFR at this time.
    The current version of SFAR No. 113, Sec.  91.1607, which only 
prohibits U.S. civil aviation operations in specified

[[Page 73531]]

areas of the Dnipro FIR (UKDV) and which the FAA issued prior to the 
February 2022 full-scale Russian invasion of Ukraine, does not reflect 
the area in which the FAA has determined unacceptable safety-of-flight 
risks to U.S. civil aviation currently exist as a result of the Russia-
Ukraine conflict. Leaving this obsolete rule in the CFR after its 
scheduled expiration date of October 27, 2023, has the potential to 
confuse the regulated community about the FAA's flight prohibition 
posture with respect to U.S. civil aviation operations in the FIRs 
managed by Ukraine. Therefore, the FAA is removing SFAR No. 113, Sec.  
91.1607 from the CFR. NOTAM KICZ A0004/22 remains in effect and 
continues to prohibit U.S. civil aviation operations in the Lviv 
(UKLV), Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) 
FIRs, as well as the Kyiv Upper Information Region (UIR).\7\
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    \7\ NOTAMS KICZ A0003/22 and A0005/22 also remain in effect.
---------------------------------------------------------------------------

    The FAA will continue to closely monitor the conflict for changes 
in the risk environment as it relates to the safety and security of 
U.S. civil aviation.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Orders 12866 and 13563, as amended by Executive Order 14094 
(``Modernizing Regulatory Review''), direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as codified in 
5 U.S.C. 603 et seq., requires agencies to analyze the economic impact 
of regulatory changes on small entities. Third, the Trade Agreements 
Act of 1979 (Pub. L. 96-39), as codified in 19 U.S.C. Chapter 13, 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, the Trade Agreements Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or Tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    In conducting these analyses, the FAA has determined this final 
rule has benefits that justify its costs. This rule is a nonsignificant 
significant regulatory action, as defined in section 3(f) of Executive 
Order 12866 as amended by Executive Order 14094. As 5 U.S.C. 553 does 
not require notice and comment for this final rule, 5 U.S.C. 603 and 
604 do not require regulatory flexibility analyses regarding impacts on 
small entities. This rule will not create unnecessary obstacles to the 
foreign commerce of the United States. This rule will not impose an 
unfunded mandate on State, local, or Tribal governments, or on the 
private sector, by exceeding the threshold identified previously.

A. Regulatory Evaluation

    This rule removes the flight prohibition SFAR for specified areas 
of the Dnipro FIR (UKDV). Given that the Russia-Ukraine conflict and 
the associated areas of unacceptable safety-of-flight risks to U.S. 
civil aviation have yet to stabilize sufficiently, the FAA has 
determined it is not practicable to give preference to a proceeding to 
incorporate the flight prohibition contained in NOTAM KICZ A0004/22 
into the CFR at this time. To avoid the potential confusion that 
leaving the obsolete flight prohibition in the CFR after its scheduled 
expiration date might cause, the FAA is removing SFAR No. 113, Sec.  
91.1607.
    U.S. civil flight operations in the Lviv (UKLV), Kyiv (UKBV), 
Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs, as well as the 
Kyiv UIR (UKBU), remain prohibited by NOTAM KICZ A0004/22. Accordingly, 
the removal of SFAR No. 113, Sec.  91.1607, which prohibits U.S. civil 
aviation operations in airspace fully encompassed within the much 
larger area of airspace in which NOTAM KICZ A0004/22 prohibits U.S. 
civil aviation operations, has no incremental costs. This rule 
alleviates the potential for confusion amongst the regulated community.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever 5 U.S.C. 553 or any other law 
requires an agency to publish a general notice of proposed rulemaking 
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to 
prepare a final regulatory flexibility analysis when an agency issues a 
final rule under 5 U.S.C. 553 after that section or any other law 
requires publication of a general notice of proposed rulemaking. The 
FAA concludes good cause exists to forgo notice and comment and to not 
delay the effective date for this rule. As 5 U.S.C. 553 does not 
require notice and comment in this situation, 5 U.S.C. 603 and 604 
similarly do not require regulatory flexibility analyses.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to this Act, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    This rule removes an existing prohibition on U.S. civil aviation 
operations in specified areas of the Dnipro FIR (UKDV), a location 
outside the United States, that is scheduled to expire on October 27, 
2023. As this rule relates to a location outside the United States, the 
rule complies with the Trade Agreements Act of 1979.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and Tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $177 million in lieu of $100 
million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
the FAA to consider the impact of paperwork and other information 
collection burdens it imposes on the public. The FAA has

[[Page 73532]]

determined no new requirement for information collection is associated 
with this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, the FAA's policy is to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined no ICAO Standards and Recommended Practices correspond to 
this regulation. The FAA finds this action is fully consistent with the 
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure the FAA exercises 
its duties consistently with the obligations of the United States under 
international agreements.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions, and DOT Order 
5610.1C, Paragraph 16. Executive Order 12114 requires the FAA to be 
informed of environmental considerations and take those considerations 
into account when making decisions on major Federal actions that could 
have environmental impacts anywhere beyond the borders of the United 
States. The FAA has determined this action is exempt pursuant to 
Section 2-5(a)(i) of Executive Order 12114 because it does not have the 
potential for a significant effect on the environment outside the 
United States.
    In accordance with FAA Order 1050.1F, Environmental Impacts: 
Policies and Procedures, paragraph 8-6(c), the FAA has prepared a 
memorandum for the record stating the reason(s) for this determination 
and has placed it in the docket for this rulemaking.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

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

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

    The FAA analyzed this rule under Executive Order 13211. The agency 
has determined it is not a ``significant energy action'' under the 
executive order and will not be likely to have a significant adverse 
effect on the supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

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

VI. Additional Information

A. Electronic Access

    Except for classified and controlled unclassified material not 
authorized for public release, all documents the FAA considered in 
developing this rule, including economic analyses and technical 
reports, may be accessed from the internet through the docket for this 
rulemaking.
    Those documents may be viewed online at https://www.regulations.gov 
using the docket number listed above. A copy of this rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website 
at https://www.govinfo.gov. A copy may also be found at the FAA's 
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) (Pub. L. 104-121) (set forth as a note to 5 U.S.C. 601) 
requires the FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document may 
contact its local FAA official, or the persons listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the internet, visit 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, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).


Sec.  91.1607  [Reserved]

0
2. Remove and reserve Sec.  91.1607.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5).
Polly E. Trottenberg,
Acting Administrator.
[FR Doc. 2023-23656 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-13-P