[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Proposed Rules]
[Pages 37184-37185]
[FR Doc No: 2023-12091]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1295; Airspace Docket No. 23-AEA-04]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route Q-445;
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend United States Area Navigation
(RNAV) route Q-445 by removing segments of the route from the PAACK,
NC, waypoint (WP) to the BRIGS, NJ Fix. This amendment is proposed
because those route segments are unused due to multiple other routes in
the same area.

DATES: Comments must be received on or before July 24, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1295 and
Airspace Docket No. 23-AEA-04 using any of the following methods:
    *Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it amends the route structure to maintain the efficient
flow of air traffic.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Eastern Service Center,
Federal Aviation Administration, Room 210, 1701 Columbia Avenue,
College Park, GA 30337.

Incorporation by Reference

    United States Area Navigation routes are published in paragraph
2006 of FAA Order JO 7400.11, Airspace Designations and Reporting
Points, which is incorporated by reference in 14 CFR 71.1 on an annual
basis. This document proposes to amend the current version of that
order, FAA Order JO 7400.11G, dated August 19, 2022, and effective
September 15, 2022. These updates would be published in the next update
to FAA Order JO 7400.11. That order is publicly available as listed in
the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

Background

    RNAV route Q-445 currently extends from the PAACK, NC, WP to the
KYSKY, NY, Fix. Operationally, it has been found that the portions of
the route from the PAACK WP to the BRIGS, NJ, Fix are not being used
due to the existence of multiple other routes in the

same area. This amendment would improve air traffic efficiency and
reduce chart clutter in that area.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV
route Q-445 by removing the segments from the PAACK, NC, WP to the
BRIGS, NJ, Fix. The remaining existing route segments from the SHAUP,
OA (i.e., OA means Offshore Atlantic), WP to the KYSKY, NY, WP would be
retained. Those segments would continue to be used so that arrivals to
airports on Cape Cod, MA, Martha's Vineyard, MA, and Nantucket, MA, can
bypass the heavy air traffic in the Philadelphia and New York City
areas. This would allow safer and more efficient descents into those
airports. The amended Q-445 description would read: SHAUP, OA, WP;
VALPO, OA, WP; KYSKY, NY, WP.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 2006 United States Area Navigation Routes

* * * * *

Q-445 SHAUP, OA to KYSKY, NY [AMENDED]
SHAUP, OA                       WP                 (Lat. 39[deg]44'23.91'' N, long. 073[deg]34'33.84'' W)
VALCO, OA                       WP                 (Lat. 40[deg]05'29.86'' N, long. 073[deg]08'22.91'' W)
KYSKY, NY                       WP                 (Lat. 40[deg]46'52.75'' N, long. 072[deg]12'21.45'' W)

* * * * *

    Issued in Washington, DC, on June 1, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-12091 Filed 6-6-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Page 15229]
[FR Doc No: 2021-05808]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4586-DR; Docket ID FEMA-2021-0001]

Texas; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4586-DR), dated February 19, 2021, and
related determinations.

DATES: This amendment was issued March 4, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective February 21, 2021.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-05808 Filed 3-19-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: March 1, 2007 (Volume 72, Number 40)]
[Notices]
[Page 9371-9373]
[DOCID:fr01mr07-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55338; File No. SR-Phlx-2007-04]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Listing LEAPS Pursuant to the $2.50 Strike Price Program

February 23, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 21, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by Phlx. The
Exchange has filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Phlx proposes to clarify that LEAPS \5\ can be listed at $2.50
strike price intervals pursuant to the $2.50 Strike Price Program set
forth in Commentary .05 to Phlx Rule 1012 (Series of Options Open for
Trading). There is no new rule text.
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    \5\ LEAPS are Long-term Equity Anticipation Securities or long-
term options series. See Phlx Rules 1079, 1012, and 1101A.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Phlx included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposal is to clarify that LEAPS can be listed
at $2.50 strike price intervals pursuant to the $2.50 Strike Price
Program.
    The current $2.50 Strike Price Program is set forth in Commentary
.05 to Phlx Rule 1012. The $2.50 Strike Price Program permits the
Exchange to list options with $2.50 strike price intervals for selected
options trading at strike prices greater than $25 but less than $75. In
addition, each options exchange is permitted to list options with $2.50
strike price intervals on any option class that another options
exchange selects under the $2.50 Strike Price Program.
    Initially adopted in 1995 as a pilot program, the pilot $2.50
Strike Price Program allowed options exchanges to list options with
$2.50 strike price intervals for options trading at strike prices
greater than $25 but less than $50 on a total of up to 100 option
classes.\6\ In 1998, the pilot program was permanently approved and
expanded to allow the options exchanges to select up to 200 option
classes for the $2.50 Strike

Price Program.\7\ Of the 200 options classes eligible for the $2.50
Strike Price Program, 46 have been allocated to Phlx.\8\ In 2005, the
$2.50 Strike Price Program was expanded to permit the listing of
options with $2.50 strike price intervals for options with strike
prices between $50 and $75, provided that the $2.50 strike price
intervals are no more than $10 from the closing price of the underlying
stock in its primary market \9\ on the preceding day.\10\ With the
expansion of the $2.50 Strike Price Program to options with strike
prices below $75, for example, if an option class has been selected as
part of the $2.50 Strike Price Program, and the underlying stock closed
at $48.50 in its primary market, the Exchange may list options with
strike prices of $52.50 and $57.50 on the next business day; and if an
underlying security closed at $54, the Exchange may list options with
strike prices of $52.50, $57.50, and $62.50 on the next business day.
Moreover, an option class would remain in the $2.50 Strike Price
Program until the Exchange otherwise designates and sends a
decertification notice to the Options Clearing Corporation.
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    \6\ See Securities Exchange Act Release No. 35993 (July 19,
1995), 60 FR 38073 (July 25, 1995) (SR-Phlx-95-08, SR-Amex-95-12,
SR-PSE-95-07, SR-CBOE-95-19, and SR-NYSE-95-12).
    \7\ See Securities Exchange Act Release No. 40662 (November 12,
1998), 63 FR 64297 (November 19, 1998) (SR-Amex-98-21, SR-CBOE-98-
29, SR-PCX-98-31, and SR-Phlx-98-26).
    \8\ The allocation is not changed by this proposed rule filing.
    \9\ The term ``primary market'' is defined in Phlx Rule 1000 in
respect of an underlying stock or Exchange-Traded Fund Share as the
principal market in which the underlying stock or Exchange-Traded
Fund Share is traded.
    \10\ See Securities Exchange Act Release No. 52961 (December 15,
2005), 70 FR 76095 (December 22, 2005) (SR-Phlx-2005-77). See also
Securities Exchange Act Release Nos. 52893 (December 5, 2005), 70 FR
73488 (December 12, 2005) (SR-Amex-2005-067); 52892 (December 5,
2005), 70 FR 73492 (December 12, 2005) (SR-CBOE-2005-39); 52960
(December 15, 2005), 70 FR 76090 (December 22, 2005) (SR-ISE-2005-
59); and 52986 (December 20, 2005), 70 FR 76897 (December 28, 2005)
(SR-PCX-2005-137).
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    The Exchange is hereby clarifying that it, like other options
exchanges with the $2.50 Strike Price Program, may list LEAPS at $2.50
strike price intervals at all strike prices that are available pursuant
to the $2.50 Strike Price Program. The Exchange believes that the $2.50
Strike Price Program has benefited the marketplace by creating
additional trading opportunities for customers in all options including
LEAPS by affording such customers the ability to more closely tailor
investment strategies to the precise movement of the underlying
security. The availability of $2.50 strike price intervals for LEAPS
will likewise benefit the marketplace and is in conformity with current
industry practice.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objective of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and the national market system.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days from the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\15\
However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and in the public interest so that it is clear
that the Exchange has the immediate ability to list and trade LEAPS at
$2.50 strike price intervals at all strike prices that are available
pursuant to the $2.50 Strike Price Program. For this reason, the
Commission designates the proposed rule change to be operative upon
filing with the Commission.\17\
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    \15\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. Phlx has satisfied the five-day pre-filing
requirement.
    \16\ Id.
    \17\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-Phlx-2007-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-Phlx-2007-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than

those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of Phlx. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File No. SR-
Phlx-2007-04 and should be submitted on or before March 22, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3563 Filed 2-28-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Rules and Regulations]
[Pages 26822-26828]
[FR Doc No: 2015-11284]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2003-14766; Amendment No. 91-327A; SFAR No. 77]
RIN 2120-AK60

Prohibition Against Certain Flights Within the Baghdad (ORBB)
Flight Information Region (FIR)

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

ACTION: Final rule.

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SUMMARY: This action amends Special Federal Aviation Regulation (SFAR)
No. 77, ``Prohibition Against Certain Flights Within the Territory and
Airspace of Iraq,'' which prohibits certain flight operations in the
territory and airspace of Iraq by all United States (U.S.) air
carriers; U.S. commercial operators; persons exercising the privileges
of a U.S. airman certificate, except when such persons are operating a
U.S.-registered civil aircraft for a foreign air carrier; and operators
of U.S.-registered civil aircraft, except when such operators are
foreign air carriers. On August 8, 2014, the FAA issued a Notice to
Airmen (NOTAM) prohibiting flight operations in the ORBB FIR at all
altitudes, subject to certain limited exceptions, due to the armed
conflict in Iraq. This amendment to SFAR No. 77 incorporates the flight
prohibition set forth in the August 8, 2014, NOTAM into the rule. The
FAA is also revising the approval process for this SFAR for other U.S.
Government departments, agencies, and instrumentalities, to align with
the approval process established for other recently published flight
prohibition SFARs. This final rule will remain in effect for two years.

DATES: This final rule is effective May 11, 2015 through May 11, 2017.

FOR FURTHER INFORMATION CONTACT: For technical questions about this
action, contact Will Gonzalez, Air Transportation Division, AFS-220,
Flight Standards Service, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    For legal questions concerning this action, contact: Robert
Frenzel, Office of the Chief Counsel, AGC-200, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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.'' In this instance,
the FAA finds that notice and public comment to this immediately
adopted final rule, as well as any delay in the effective date of this
rule, are impracticable and contrary to the public interest due to the
immediate need to address the potential hazard to civil aviation that
now exists in the ORBB FIR, as described in the Background section of
this rule.

Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the U.S. and for
the safety of U.S. civil operators, U.S.-registered civil aircraft, and
U.S.-certificated airmen throughout the world. The FAA's authority to
issue rules on aviation safety is found in title 49, U.S. Code.
Subtitle I, section 106(f),

describes the authority of the FAA Administrator. Subtitle VII of title
49, Aviation Programs, describes in more detail the scope of the
agency's authority. Section 40101(d)(1) provides that the Administrator
shall consider in the public interest, among other matters, assigning,
maintaining, and enhancing safety and security as the highest
priorities in air commerce. Section 40105(b)(1)(A) requires the
Administrator to exercise his authority consistently with the
obligations of the U.S. Government under international agreements.
    This rulemaking is promulgated under the authority described in
title 49, subtitle VII, part A, subpart III, section 44701, General
requirements. Under that section, the FAA is charged broadly with
promoting safe flight of civil aircraft in air commerce by prescribing,
among other things, regulations and minimum standards for practices,
methods, and procedures that the Administrator finds necessary for
safety in air commerce and national security. This regulation is within
the scope of that authority, because it amends SFAR No. 77, Sec.
91.1605, to incorporate the prohibition set forth in the August 8,
2014, NOTAM on flight operations at all altitudes in the ORBB FIR due
to the potential hazard to U.S. civil aviation posed by the armed
conflict in Iraq. This amendment will remain in effect for two years.
The FAA will continue to actively evaluate the area and amendments to
the SFAR may be appropriate if the risk to aviation safety and security
changes. The FAA may amend or rescind the SFAR as necessary prior to
its expiration date.

I. Background

    On October 9, 1996 (61 FR 54020 (October 16, 1996)), the FAA issued
SFAR No. 77 to prohibit flight operations over or within the territory
and airspace of Iraq by any U.S. air carrier or commercial operator; by
any person exercising the privileges of an airman certificate issued by
the FAA, except persons operating U.S.-registered aircraft for a
foreign air carrier; or by any person operating an aircraft registered
in the United States, unless the operator of such aircraft was a
foreign air carrier. The prohibition was issued in response to concerns
for the safety and security of U.S. civil flights within the territory
and airspace of Iraq. In the final rule, the FAA cited a threat made by
then President of Iraq Saddam Hussein, who urged his air defense forces
to ignore both the southern and northern no-fly zones that were then in
place and to attack ``any air target of the aggressors.'' 61 FR 54020.
The FAA was concerned that this threat could apply to civilian as well
as to military aircraft, and therefore issued SFAR No. 77.
    In early 2003, a U.S.-led coalition removed Saddam Hussein's regime
from power in Iraq. The FAA anticipated that when hostilities ended in
Iraq, humanitarian efforts would be needed to assist the people of
Iraq. To facilitate those efforts, in April 2003, the FAA amended what
was then paragraph 3 of SFAR No. 77 to clarify the approval process for
such flights, making clear that operations could not be authorized by
another agency without the approval of the FAA. The FAA issued the
amendment on April 7, 2003 (68 FR 17870 (April 11, 2003)).
    On November 13, 2003 (68 FR 65382 (November 19, 2003)), the FAA
determined that certain limited overflights of Iraq could be conducted
safely, subject to the permission of the appropriate authorities in
Iraq and in accordance with the conditions established by those
authorities. Accordingly, the FAA amended SFAR No. 77 to permit
overflights of Iraq above flight level (FL) 200. That amendment also
allowed aircraft departing from countries adjacent to Iraq to operate
at altitudes below FL 200 within Iraq to the extent necessary to permit
a climb above FL 200 if the climb performance of the aircraft would not
permit operation above FL 200 prior to entering Iraqi airspace.
    On April 19, 2004 (69 FR 21953 (April 23, 2004)), the FAA issued an
interpretation of SFAR No. 77, entitled ``Prohibition Against Certain
Flights Within the Territory and Airspace of Iraq; Approval Process for
Requests for Authorization to Operate in Iraqi Airspace,'' (the 2004
Interpretation) in the Federal Register. The purpose of the 2004
Interpretation was to explain how the FAA would process and, where
appropriate, approve requests for authorization to operate in Iraqi
airspace. A copy of the 2004 Interpretation has been placed in the
docket for this rulemaking.
    On November 28, 2012 (77 FR 72709 (December 6, 2012)), the FAA
again amended SFAR No. 77, Sec.  91.1605, effective January 7, 2013, to
allow U.S. civil flight operations to and from points outside Iraq, to
and from Erbil (ORER) and Sulaymaniyah (ORSU) International Airports in
Northern Iraq by persons previously prohibited from conducting such
operations by SFAR No. 77, Sec.  91.1605, based on results of
evaluations of the airports. ORER and ORSU had supported non-U.S. air
carrier operations for a number of years without incident. Based
largely on the initiation of those operations and on improvements in
the operational environment, the FAA determined that flights by U.S.
operators could be conducted safely to those two airports under certain
conditions. Therefore, the FAA amended SFAR No. 77, Sec.  91.1605, to
allow certain flights within the territory and airspace of Iraq north
of 34[deg]30' North latitude below FL 200 to and from ORER or ORSU,
with certain conditions and limitations.
    Once the December 2012 amendment went into effect, neither an
exemption nor an approval under paragraph (c) of SFAR No. 77 was
required for operations to or from ORER or ORSU. However, paragraph
(b)(5) required operators flying to or from ORER or ORSU to or from
points outside Iraq to obtain a Letter of Authorization (LOA) or
Operations Specification (OpSpec), as appropriate, from the Director,
Flight Standards Service, AFS-1, prior to conducting such operations.
The OpSpec or LOA specified the limitations and conditions under which
the operation had to be conducted, to address the residual risk
associated with operating into and out of those two airports.
    On July 31, 2014, the FAA issued a NOTAM prohibiting flight
operations in the territory and airspace of Iraq at or below FL 300
because of significant changes in the operational environment for U.S.
civil aviation. The recent resurgence of groups, such as the Islamic
State of Iraq and the Levant (ISIL), also known as the Islamic State of
Iraq and Syria (ISIS), and their ongoing combat operations against the
Iraqi government and its allies had led to an increased threat to U.S.
civil aviation in Iraq. ISIL was rapidly acquiring weapons from
captured Iraqi or Syrian stocks and had former military personnel to
operate those weapons. ISIL had shot down Iraqi rotary-wing and fixed-
wing aircraft flying at low altitudes, and also had man-portable air
defense systems and other anti-aircraft weapons that provided the
capability to target aircraft at higher altitudes. As a result, the FAA
determined that ISIL posed an increased threat to U.S. civil aviation
operating in Iraqi airspace at or below FL 300.
    The July 31, 2014, NOTAM increased restrictions on operations in
the territory and airspace of Iraq beyond the restrictions contained in
SFAR No. 77, Sec.  91.1605, which remained in effect. The following
operations that had been permitted under SFAR No. 77, Sec.  91.1605,
were prohibited by the July 31, 2014, NOTAM: (1) Overflights of Iraq
above FL 200 but at or below FL 300; (2) operations at or below FL 300
by flights departing from countries

adjacent to Iraq whose climb performance would not permit operations
above FL 300 prior to entering Iraqi airspace; and (3) flights within
the territory of Iraq north of 34[deg]30' North latitude originating
from or destined to areas outside of Iraq to or from ORER or ORSU.
    On August 7, 2014, President Obama announced that he had authorized
targeted airstrikes against militants associated with ISIL if they
moved toward the Iraqi city of Erbil, as well as targeted airstrikes,
if necessary, to help Iraqi forces as they fought to break the siege of
Mount Sinjar and to protect the civilians trapped there. The President
also stated that the U.S. was conducting humanitarian air drops to aid
the trapped civilians. U.S. forces began conducting airstrikes on
August 8, 2014. On the same day, the FAA issued a NOTAM that prohibited
U.S. civil flight operations in the ORBB FIR at all altitudes due to
the potentially hazardous situation created by the armed conflict
between militants associated with ISIL and Iraqi security forces and
their allies. The August 8, 2014, NOTAM superseded the July 31, 2014,
NOTAM. This amendment to SFAR No. 77, Sec.  91.1605, revises the rule
to incorporate the flight prohibition set forth in the August 8, 2014,
NOTAM.
    Because the circumstances described herein warrant immediate action
by the FAA, I find that notice and public comment under 5 U.S.C.
553(b)(3)(B) are impracticable and contrary to the public interest.
Further, I find that good cause exists under 5 U.S.C. 553(d) for making
this rule effective immediately upon issuance. I also find that this
action is fully consistent with the obligations under 49 U.S.C. 40105
to ensure that I exercise my duties consistently with the obligations
of the United States under international agreements.

II. Overview of Final Rule

    This action amends SFAR No. 77, Sec.  91.1605, to incorporate the
prohibition contained in the FAA's August 8, 2014, NOTAM on flight
operations at all altitudes in the ORBB FIR by all U.S. air carriers;
U.S. commercial operators; persons exercising the privileges of a U.S.
airman certificate, except when such persons are operating a U.S.-
registered civil aircraft for a foreign air carrier; and operators of
U.S.-registered civil aircraft, except when such operators are foreign
air carriers. The FAA finds this action necessary to prevent a
potential hazard to persons and aircraft engaged in such flight
operations.

A. Revised 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 Iraq. The FAA believes that it has provided a more
streamlined approval processes for other U.S. government departments,
agencies, and instrumentalities in more recent flight prohibition SFARs
than the 2004 Interpretation would allow, and that an approval process
similar to those adopted for recent SFARs may be instituted for SFAR
No. 77, Sec.  91.1605, while still addressing the threats to U.S. civil
aviation in the ORBB FIR. Therefore, the FAA withdraws the 2004
Interpretation in its entirety and replaces it with the approval
process described below.
    If a department, agency, or instrumentality of the U.S. Government
determines that it has a critical need to engage any person covered
under SFAR No. 77, Sec.  91.1605, including a U.S. air carrier or a
U.S. commercial operator, to conduct a charter to transport civilian or
military passengers or cargo, that department, agency, or
instrumentality may request the FAA to approve persons covered under
SFAR No. 77, Sec.  91.1605, to conduct such operations. U.S. Government
departments, agencies, and instrumentalities may also request approval
on behalf of subcontractors where the prime contractor has a contract,
grant, or cooperative agreement with the U.S. Government department,
agency, or instrumentality. An approval request must be made to the FAA
in a letter signed by an appropriate senior official of the requesting
department, agency, or instrumentality of the U.S. Government. The
letter must be sent to the Associate Administrator for Aviation Safety
(AVS-1), 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. 77, Sec.  91.1605, 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 the ORBB
FIR where the proposed operation(s) will be conducted; 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 its
proposed operations (e.g., pre-mission planning and briefing, in-
flight, and post-flight).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 the ORBB FIR.
Additional operators may be identified to the FAA at any time after the
FAA approval is issued. Updated lists should be sent to the email
address to be obtained from the Air Transportation Division, AFS-220,
by calling<PHONE_NUMBER>.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Will Gonzalez 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. 77, Sec.  91.1605, does
not relieve persons subject to this SFAR of their responsibility to
comply with all applicable FAA rules and regulations. Operators of
civil aircraft will have to comply with the conditions of their
certificate and OpSpecs. Operators will also have to comply with all
rules and regulations of other U.S. Government departments or agencies
that may apply to the proposed operation, including, but not limited
to, the Transportation Security Regulations issued by the
Transportation Security Administration, Department of Homeland
Security.

B. Approval Conditions

    When the FAA approves the request, the FAA's Aviation Safety
Organization (AVS) 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:
    (1) Any 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) Any approval will indicate that the operation is not eligible
for coverage under any premium war risk insurance policy issued by the
FAA under chapter 443 of title 49, U.S. Code. \1\ \2\ Each such policy
excludes coverage for any aircraft operations that are intentionally
conducted into or within geographic areas prohibited by an SFAR, such
as this SFAR No. 77, Sec.  91.1605. The exclusion specified in the
policy will remain in effect as long as this SFAR No. 77, Sec.
91.1605, remains in effect, notwithstanding the issuance of any
approval under, or exemption from, this SFAR No. 77, Sec.  91.1605,
(the chapter 443 premium war risk insurance policy refers to such
approval as a ``waiver'' and such exemption as an ``exclusion'').
---------------------------------------------------------------------------

    \1\ Section 102 of Division L of the Consolidated and Further
Continuing Appropriations Act, 2015, Public Law 113-235, December
16, 2014, inter alia, amended 49 U.S.C. 44302(f) and 44310(a) to
specify the termination dates in those sections as December 11,
2014. The effect was to terminate coverage under FAA's premium war
risk insurance program as of December 11, 2014. FAA has decided to
leave the matter relating to premium insurance in this final rule,
in order to make clear that the conditions relating to insurance, as
stated in the final rule, will apply in the event that Congress
decides to reauthorize the premium insurance program under chapter
443 of title 49, U.S. Code. Under 49 U.S.C. 44310(b) (which was not
affected by Pub. L. 113-235), FAA's authority to provide non-premium
insurance coverage remains in effect through December 31, 2018.
    \2\ If and when, in connection with an operator's contract with
a department, agency, or instrumentality of the U.S. Government, an
operation is covered by a non-premium war risk insurance policy
issued by the FAA under 49 U.S.C. 44305, coverage under that
operator's FAA premium war risk insurance policy, if any, is
suspended as a condition contained in that premium policy.
---------------------------------------------------------------------------

    (3) Before any approval takes effect, the operator must submit to
the FAA:
    (a) A written release of the U.S. Government (including, but not
limited to, the United States of America as Insurer) from all damages,
claims, and liabilities, including without limitation legal fees and
expenses; and
    (b) The operator's written agreement to indemnify the U.S.
Government (including but not limited to the United States of America,
as Insurer) 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 the ORBB FIR.
    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.
    (4) Other conditions that the FAA may specify, including those that
may be imposed in OpSpecs.
    If the proposed operation or operations is or are approved, the FAA
will issue OpSpecs authorizing the operation or operations to the
certificate holder and will notify the department, agency, or
instrumentality that requested FAA approval of such operation(s) of any
additional conditions beyond those contained in the approval letter.
The requesting department, agency, or instrumentality must have a
contract, grant, or cooperative agreement (or its prime contractor must
have a subcontract) with the person(s) described in paragraph (a) of
SFAR No. 77, Sec.  91.1605, on whose behalf the department, agency, or
instrumentality requests FAA approval.

C. Requests for Exemption

    Any operation not conducted under the approval process set forth
above must be conducted under an exemption from SFAR No. 77, Sec.
91.1605. A request by any person covered under SFAR No. 77, Sec.
91.1605, for an exemption must comply with 14 CFR part 11, and will
require exceptional circumstances beyond those contemplated by the
approval process set forth above. In addition to the information
required by 14 CFR 11.81, the requestor must describe in its submission
to the FAA, at a minimum--
     The proposed operation(s), including the nature of the
operation;
     The service to be provided by the person(s) covered by
SFAR No. 77, Sec.  91.1605;
     The specific locations in the ORBB FIR where the proposed
operation(s) will be conducted; and
     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
(e.g., the pre-mission planning and briefing, in-flight, and post-
flight phases).
    Additionally, the release and agreement to indemnify, as referred
to above, will be required as a condition of any exemption issued under
SFAR No. 77, Sec.  91.1605.
    The FAA recognizes that operations that may be affected by SFAR No.
77, Sec.  91.1605, including this amendment, 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 process exemption requests for such operations on
an expedited basis and prior to any private exemption requests.

III. Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354), as codified in 5 U.S.C. 601 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) 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; currently $151 million). This
portion of the preamble summarizes the FAA's analysis of the economic
impacts of this final rule.
    In conducting these analyses, FAA has determined this final rule
has benefits that justify its costs and is a ``significant regulatory
action,'' as defined in section 3(f) of Executive Order 12866, because
it raises novel policy issues contemplated under that Executive Order.
The rule is also ``significant'' as defined in DOT's Regulatory
Policies and Procedures. The final rule, if adopted, will not have a
significant economic impact on a substantial number of small entities,
will not create unnecessary obstacles to international trade, and will
not impose an unfunded mandate on state, local, or tribal governments,
or on the private sector.

Total Benefits and Costs of This Rule

    Total annual costs to airlines are estimated to be approximately
$14 million. The benefits of this final rule are the avoided deaths
that might result from a U.S. operator's aircraft being shot down (or
otherwise damaged) amidst the armed conflict in Iraq. Since each
fatality is valued at $9.2 million, the benefits of this final rule
will exceed the costs if just two such deaths are averted.

Who is potentially affected by this rule?

    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 such persons operating U.S.-registered
aircraft for a foreign air carrier; and
    3. All operators of aircraft registered in the United States,
except where the operator of such aircraft is a foreign air carrier.

Assumptions

     Calendar Year 2013 data.
     Schedule P-10 from Bureau of Transportation Statistics
(BTS) to obtain number of employees at a carrier.
     Schedule P-1.2 from BTS to obtain Total Operating Revenues
at a carrier.
     U.S. Block Hour Operating Costs by Aircraft Type and
Airline, from The Airline Monitor Commercial Aircraft Database.
     Number of flights affected and additional flying time
provided by air carriers.
     Value of Statistical Life (VSL) of $9.2 million for 2013.

Costs of This Rule

    By prohibiting flights from operating in the ORBB FIR, flights that
would overfly the ORBB FIR in the absence of this rule will have to fly
additional time to avoid the area. The FAA requested flight and cost
information from some U.S. air carriers who indicated to the FAA they
would be affected by the prohibition. The FAA received responses from
those U.S. air carriers, most of whom reported additional flying time
and its associated costs. The additional reported flying time was
multiplied by the operating cost per block hour by airline and aircraft
type to obtain an estimate of the cost of this final rule. Total annual
costs are estimated at $14 million.
    This rule imposes no reporting, recordkeeping, or other compliance
requirements. The FAA is unaware of any Federal rules that duplicate,
overlap, or conflict with this rule.

Benefits of This Rule

    The benefits of this final rule are the avoided deaths (or other
losses) that might have resulted from a U.S. operator's aircraft being
shot down (or otherwise damaged) amidst the armed conflict in Iraq. The
benefits of this final rule will exceed the costs if just two such
deaths do not occur (where each averted fatality is valued at $9.2
million).

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (``RFA''),
as codified in 5 U.S.C. 601 et seq. establishes ``as a principle of
regulatory issuance that agencies shall endeavor, consistent with the
objectives of the rule and of applicable statutes, to fit regulatory
and informational requirements to the scale of the businesses,
organizations, and governmental jurisdictions subject to regulation. To
achieve this principle, agencies are required to solicit and consider
flexible regulatory proposals and to explain the rationale for their
actions to assure that such proposals are given serious
consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.

Reasons the FAA Considered the Rule

    The FAA remains committed to continuously improving civil aviation
safety. The FAA finds that this final rule is in the public interest
due to the immediate need to address the potential hazard to civil
aviation that now exists in the ORBB FIR, as described in this Notice.

The Objectives of and the Legal Basis for the Rule

    The FAA is responsible for the safety of flight in the United
States and for the safety of U.S. civil operators, U.S.-registered
civil aircraft, and U.S.-certificated airmen throughout the world. The
FAA's authority to issue rules on aviation safety is found in title 49,
U.S. Code. Subtitle I, section 106(f), describes the authority of the
FAA Administrator. Subtitle VII of title 49, Aviation Programs,
describes in more detail the scope of the agency's authority. Section
40101(d)(1) provides that the Administrator shall consider in the
public interest, among other matters, assigning, maintaining, and
enhancing safety and security as the highest priorities in air
commerce. Section 40105(b)(1)(A) requires the Administrator to exercise
his authority consistently with the obligations of the U.S. Government
under international agreements.
    This rulemaking is promulgated under the authority described in
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
that authority, because it amends SFAR No. 77, Sec.  91.1605, to
incorporate the August 8, 2014, NOTAM's prohibition on U.S. civil
flight operations at all altitudes in the ORBB FIR due to the potential
hazard to U.S. civil aviation posed by the armed conflict in Iraq. This
amendment also changes the approval process and adds an expiration
date.

A Description of and an Estimate of the Number of Small Entities to
Which the Rule Will Apply or an Explanation of Why No Such Estimate Is
Available

    The Small Business Administration defines a small entity in the Air
Transportation business as having less than 1,500 employees.\3\ There
are over 10 small entities identified as being affected by this final
rule. Only two provided information relating to costs.
---------------------------------------------------------------------------

    \3\ U.S. Small Business Administration, Table of Small Business
Size Standards Matched to North American Industry Classification
System Codes, page 26, http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf.
---------------------------------------------------------------------------

The FAA Believes That This Final Rule Would Not Have a Significant
Impact on a Substantial Number of Small Entities for the Following
Reason

    The additional reported flying time by operators was multiplied by
the operating cost per block hour by small airline and by aircraft type
to obtain an estimate of the cost of this final rule. The small
entities' operation costs

compared to their revenue is estimated at less than 1 percent.
Therefore, as provided in section 605(b) of the RFA, the Administrator
of the FAA certifies that this rulemaking will not result in a
significant economic impact on a substantial number of small entities.

B. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39, 19 U.S.C. Chapter
13), as amended, 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 assessed the potential effect of this final rule and
determined that it will not create an unnecessary obstacle to the
foreign commerce of the United States, because the regulation has a
legitimate domestic objective, the protection of safety.

C. 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 $151.0 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.

D. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3501
et seq.) as amended, 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.

E. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation (the ``Chicago Convention''), it is FAA
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
proposed regulation.

F. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (``NEPA'') (Pub. L. 91-190, 42 U.S.C. Chapter 55) in the absence of
extraordinary circumstances. The FAA has determined this rulemaking
action qualifies for the categorical exclusion identified in paragraph
312(f) of FAA Order 1050.1E and involves no extraordinary
circumstances.
    The FAA has reviewed the implementation of the proposed amendment
to SFAR No. 77, Sec.  91.1605, and determined it is categorically
excluded from further environmental review according to FAA Order
1050.1E, ``Environmental Impacts: Policies and Procedures,'' paragraph
312(f). The FAA has examined possible extraordinary circumstances and
determined that no such circumstances exist. After careful and thorough
consideration of the proposed action, the FAA finds that the proposed
federal action does not require preparation of an Environmental
Assessment (EA) or an Environmental Impact Statement (EIS) in
accordance with the requirements of NEPA, Council on Environmental
Quality regulations, and FAA Order 1050.1E.

IV. Executive Order Determinations

A. Executive Order 13132, ``Federalism''

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

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

    The FAA analyzed this immediately adopted final 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 is not a ``significant energy
action'' under the executive order and it is not 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 (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.

V. How To Obtain Additional Information

A. Rulemaking Documents

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

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), as
amended, requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding

this document may contact its local FAA official, or the person listed
under the For Further Information Contact section at the beginning of
the preamble. You can find out more about SBREFA on the Internet at:
http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Iraq.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation (61 Stat. 1180), (126
Stat. 11).

0
2. Revise Sec.  91.1605 to read as follows:

Sec.  91.1605  Special Federal Aviation Regulation No. 77--Prohibition
Against Certain Flights in the Baghdad (ORBB) Flight Information Region
(FIR)

    (a) Applicability. This rule 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 such persons operating U.S.-registered
aircraft for a foreign air carrier; and
    (3) All operators of aircraft registered in the United States,
except where the operator of such aircraft is a foreign air carrier.
    (b) Flight prohibition. No person may conduct flight operations in
the Baghdad (ORBB) Flight Information Region (FIR), except as provided
in paragraphs (c) and (d) of this section.
    (c) Permitted operations. This section does not prohibit persons
described in paragraph (a) of this section from conducting flight
operations in the ORBB FIR, 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)), with
the approval of the FAA, or under an exemption issued by the FAA. The
FAA will process 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 parts 119, 121, 125, or 135,
each person who deviates from this section must, within 10 days of the
deviation, excluding Saturdays, Sundays, and Federal holidays, submit
to the nearest FAA Flight Standards District Office (FSDO) 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 May 11, 2017.
The FAA may amend, rescind, or extend this SFAR as necessary.

    Issued under authority provided by 49 U.S.C. 106(f),
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), in Washington, DC, on
May 1, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-11284 Filed 5-6-15; 11:15 am]
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[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Proposed Rules]
[Pages 47423-47424]
[FR Doc No: 2017-22113]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2016-0597; FRL-9968-94; RIN 2070-AK31]

Chemical Data Reporting; Requirements for Inorganic Byproduct
Chemical Substances; Notice of Public Meeting; Cancellation and Public
Input Opportunity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Rulemaking committee meeting; Cancellation of public meeting.

-----------------------------------------------------------------------

SUMMARY: EPA published a document in the Federal Register of August 18,
2017 (82 FR 39402) concerning meetings of the Negotiated Rulemaking
Committee (Committee). This document cancels the meeting scheduled for
October 25-26, 2017. The Committee decided at the September 13-14,
2017, meeting that it could not reach consensus, has concluded its
discussions, and that the fourth meeting, scheduled for October 25-26,
2017, is not needed. Though the Committee has concluded its
discussions, EPA is providing an opportunity for the public to offer
input about approaches that would reduce burden associated with the
reporting of inorganic byproducts while maintaining the Agency's
ability to receive the information it needs to understand exposure. The
docket established for the negotiated rulemaking public meetings will
be open to receive public input for 60 days following publication of
this document.

DATES: Comments must be received on or before December 11, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0597, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning the cancellation of this meeting may
contact Jonah Richmond, Designated Federal Officer (DFO), Conflict
Prevention and Resolution Center, Office of General Counsel, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-0210; email address<EMAIL_ADDRESS>General
information about the Committee, as well as any updates concerning the
information included in this document, may be found at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.
    For technical information contact: Susan Sharkey, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture
(including manufacture as a byproduct chemical substance and including
import) chemical substances listed on the Toxic Substances Control Act
(TSCA) Inventory. The following list of North American Industrial
Classification System (NAICS) codes are not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
action may apply to them:
    1. Chemical manufacturers and importers (NAICS codes 325 and
324110; e.g., chemical manufacturing and processing and petroleum
refineries).
    2. Chemical users and processors who may manufacture a byproduct
chemical substance (NAICS codes 22, 322, 331, and 3344; e.g.,
utilities, paper manufacturing, primary metal manufacturing, and
semiconductor and other electronic component manufacturing).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Request for Input. Though the Committee has concluded its
discussions and will not reconvene, EPA encourages public input on ways
to decrease the burden associated with the reporting of inorganic
byproducts while maintaining the Agency's ability to receive the
information it needs to understand exposure. EPA is opening for 60 days
the docket identified in this document to receive this public input.
    2. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

C. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0597, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. Background

    EPA is giving notice that the Agency is cancelling the remaining
scheduled meeting of the Negotiated Rulemaking Committee, and no
further meetings are planned. The objective of this Committee was to
negotiate toward consensus on proposed regulatory language limiting
chemical data reporting requirements, under TSCA section 8(a), for
manufacturers of any inorganic byproduct chemical substances when such
byproduct chemical substances are subsequently recycled, reused, or
reprocessed. This meeting is cancelled because the Committee determined
that it was not able to reach consensus on regulatory approaches and
has concluded its discussions. This Negotiated Rulemaking process was
required by TSCA section 8(a)(6), as amended by the Frank R. Lautenberg
Chemical Safety for the 21st Century Act (Lautenberg Act).
    This Committee was a statutory advisory committee under the Federal
Advisory Committee Act, 5 U.S.C. App. 2 Sec.  9(a)(1). In accordance
with section 9(c) of the Federal Advisory Committee Act, 5 U.S.C. App.
I Sec.  9(c), EPA prepared a charter for the establishment of the
Negotiated Rulemaking Committee. Copies of the Committee's charter were
filed with the appropriate congressional committees and the Library of
Congress. The Committee met on June 8 and 9, 2017 (82 FR 25790) (FRL-
9961-92); August 16 and 17, 2017 (82 FR 25790); and September 13 and
14, 2017 (82 FR 39402) (FRL-9965-96). The Committee's charter and those
meetings' agendas and materials are available in the docket supporting
this activity (EPA-HQ-OPPT-2016-0597) and online at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.
    The Committee, established on June 5, 2017, had an objective to
negotiate a proposed rule that would limit chemical data reporting
requirements under section 8(a) of TSCA, as amended by the Lautenberg
Act, for manufacturers of any inorganic byproduct chemical substances
when such byproduct chemical substances are subsequently recycled,
reused, or reprocessed. The purpose of the Committee was to conduct
discussions in a good faith attempt to reach consensus on proposed
regulatory language. This negotiation process was required by section
8(a)(6) of TSCA.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: October 4, 2017.
Nancy B. Beck,
Deputy Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2017-22113 Filed 10-11-17; 8:45 am]
BILLING CODE 6560-50-P