[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Rules and Regulations]
[Pages 34448-34449]
[FR Doc No: 2023-11357]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0744; FRL-10682-02-R5]

Air Plan Approval; Illinois; Second Maintenance Plan for 1997
Ozone NAAQS; Jersey County Portion of St. Louis Missouri-Illinois Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision to the Illinois State Implementation Plan (SIP), the state's
plan for maintaining the 1997 ozone National Ambient Air Quality
Standard (NAAQS or standard) through 2032 in St. Louis, MO-IL area. The
original St. Louis nonattainment area for the 1997 ozone standard
included Jersey, Madison, Monroe and St. Clair Counties in Illinois and
Franklin, Jefferson, St. Charles and St. Louis Counties and St. Louis
City in Missouri. The SIP, submitted by the Illinois Environmental
Protection Agency (IEPA) on August 24, 2022, addresses the second
maintenance plan required for Jersey County, Illinois. EPA proposed to
approve this action on March 14, 2023 and received no adverse comments.

DATES: This final rule is effective on June 29, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2022-0744. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Kathleen
D'Agostino at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On March 14, 2023, EPA proposed to approve Illinois' plan for
maintaining the 1997 ozone NAAQS through 2032 in the St. Louis Area (88
FR 15629). An explanation of the Clean Air Act (CAA) requirements, a
detailed analysis of the revisions, and EPA's reasons for proposing
approval were provided in the notice of proposed rulemaking and will
not be restated here. The public comment period for this proposed rule
ended on April 13, 2023. EPA received no comments on the proposal.

II. Final Action

    EPA is approving the Jersey County second maintenance plan for the
1997 ozone NAAQS, submitted by IEPA on August 24, 2022, as a revision
to the Illinois SIP. The second maintenance plan is designed to keep
the St. Louis area in attainment of the 1997 ozone NAAQS through 2032.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial.

    IEPA did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

    Dated: May 23, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.720, the table in paragraph (e) is amended under the
heading ``Attainment and Maintenance Plans'' by adding an entry for
``Ozone (8-hour, 1997) second maintenance plan'' before the entry for
``Ozone (8-hour, 2008) Determination of Attainment'' to read as
follows:
    (e) * * *

                                           EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                State
        Name of SIP provision         Applicable geographic or nonattainment   submittal      EPA approval date                   Comments
                                                       area                       date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Attainment and Maintenance Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Ozone (8-hour, 1997) second           St. Louis area........................    8/24/2022  5/30/2023, [insert      Jersey County only.
 maintenance plan.                                                                          Federal Register
                                                                                citation].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-11357 Filed 5-26-23; 8:45 am]
BILLING CODE 6560-50-P


From:  Cornelius, Jay<EMAIL_ADDRESS>Sent: Monday, June 26, 2023 7:42 AM To:  Raymond, Gabrielle<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Subject:  Fwd: ABC Coke 114 ICR Sampling Results - Updated

Good morning,

Please find attached ABC's updated sampling results.

Regards,

Jay Cornelius

Begin forwarded message:

From: Scott Manchester<EMAIL_ADDRESS>Date: June 23, 2023 at 4:43:02 PM EDT To: "Dolby, Abigail"<EMAIL_ADDRESS>"Cornelius, Jay"<EMAIL_ADDRESS>"Stewart, John"<EMAIL_ADDRESS>"Kaplan, Mary"<EMAIL_ADDRESS>Cc: Louis Rose<EMAIL_ADDRESS>Chris Finke<EMAIL_ADDRESS>Subject: ABC Coke 114 ICR Sampling Results - Updated

 Good afternoon. Attached for review and comment is the updated EPA spreadsheet of 114 ICR fugitive air sampling results, reporting concentrations down to the analytical MDL. Please note, results below the previously reported RLs and the MDLs are J-flagged as approximate.

Please let us know if you have any questions or need further information.

Best Regards, Scott

__________________________________________________________________

   Scott C. Manchester     Director, Ambient Services     Mobile:<PHONE_NUMBER>     Address: 6515 Basile Rowe // East Syracuse, NY 13057

<< Fugitive_Emission_Test_Results_ABC Coke_Birmingham_2023_Q1_R1.xlsx >>


[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37154-37155]
[FR Doc No: 2015-16117]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0530]
RIN 1625-AA00

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Gary Air and Water Show

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Gary Air
and Water Show on a portion of Lake Michigan, on July 9, 2015 through
July 14, 2015. This action is necessary and intended to ensure safety
of life on the navigable waters of the United States immediately prior
to, during, and immediately after the air and water show. During the
enforcement period listed below, the Coast Guard will enforce
restrictions upon, and control movement of, vessels in the safety zone.
No person or vessel may enter the safety zone while it is being
enforced without permission of the Captain of the Port Lake Michigan.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (e)(33), Table 165.929, on July 9, 2015 until July 14, 2015, from
8:30 a.m. until 5:00 p.m. on each day.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Lindsay Cook, Waterways Management Division,
Marine Safety Unit Chicago, at<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Gary Air and Water Show listed as item (e)(33) in Table 165.929
of 33 CFR 165.929. Section 165.929 lists many annual events requiring
safety zones in the Captain of the Port Lake Michigan zone. This safety
zone encompasses all waters of Lake Michigan bounded by a line drawn
from 41[deg]37.250' N., 087[deg]16.763' W.; then east to 41[deg]37.440'
N., 087[deg]13.822' W.; then north to 41[deg]38.017' N.,
087[deg]13.877' W.; then southwest to 41[deg]37.805' N.,
087[deg]16.767' W.; then south returning to the point of origin. This
zone will be enforced on July 9, 2015 until July 14, 2015, from 8:30
a.m. until 5:00 p.m. on each day.
    All vessels must obtain permission from the Captain of the Port
Lake Michigan, or a designated on-scene representative to enter, move
within, or exit this safety zone. Requests must be made in advance and
approved by the Captain of the Port before transits will be authorized.
Approvals will be granted on a case by case basis. Vessels and persons
granted permission to enter the safety zone shall obey all lawful
orders or directions of the Captain of the Port Lake Michigan, or his
or her on-scene representative.
    This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of this enforcement period
via Broadcast Notice to Mariners or Local Notice to Mariners. The
Captain of the Port Lake Michigan, or a

designated on-scene representative may be contacted via VHF Channel 16
during the event.

    Dated: June 16, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-16117 Filed 6-29-15; 8:45 am]
 BILLING CODE 9110-04-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
                              2565 PLYMOUTH ROAD
                        ANN ARBOR, MICHIGAN 48105-2498

                                   OFFICE OF
                               AIR AND RADIATION

MEMORANDUM

SUBJECT:	Air Quality Modeling Outputs for the Final Tier 3 Motor Vehicle Emission and Fuel Standards

FROM:	Margaret Zawacki
		Assessment and Standards Division
		Office of Transportation and Air Quality

TO:		Docket EPA-HQ-OAR-2011-0135

DATE:		February 20, 2014

The purpose of this memorandum is to transmit data files which were used in the air quality modeling analyses for the Tier 3 Motor Vehicle Emission and Fuel Standards.  The air quality modeling analyses are discussed in Section III.C of the preamble, Section 7.2.2  -  Section 7.2.4 of the Regulatory Impact Analysis (RIA) and in the Air Quality Modeling Technical Support Document.  Information on the air quality modeling inventories is discussed in Section 7.2.1 of the RIA.

Following is a list of the information contained on the enclosed disc:

- deposition DBF files folder: gridded annual nitrogen and sulfur deposition difference data for 2018 and 2030 reference cases and Tier 3 control scenarios

- toxics DBF files folder:  gridded annual and seasonal (winter/summer) toxics difference data for 2018 and 2030 reference cases and Tier 3 control scenarios

- TIER3_Final_Ozone_DVs.xlsx:  county-level 8-hour max ozone Design Value projections for 2018 and 2030 reference cases and Tier 3 control scenarios

- TIER3_Final_annualPM_DVs.xlsx:  county-level annual PM2.5 Design Value projections for 2018 and 2030 reference cases and Tier 3 control scenarios

- TIER3_Final_dailyPM_dvs.xlsx:  county-level 24-hour PM2.5 Design Value projections for 2018 and 2030 reference cases and Tier 3 control scenarios

- TIER3_Final_Visibility.xlsx:  Class 1 Area visibility projections for the 20% worst days for 2007 reference case, 2018 and 2030 reference cases and Tier 3 control scenarios

- CMAQv5.0_Release Notes.docx: RELEASE_NOTES for CMAQv5.0

- CMAQv5.0.1_Release Notes.docx: RELEASE_NOTES for CMAQv5.0.1

- WRF_v3 3_2007_Performance_July2012.pdf:  Misenis, C.  Meteorological Model Performance for Annual 2007 Simulation WRF v3.3, USEPA/OAQPS, July 15, 2012.

Attachments


[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57384-57390]
[FR Doc No: 2022-20318]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2018-0927; Amdt. No. 91-353B]
RIN 2120-AL76

Extension of the Prohibition Against Certain Flights in the
Baghdad Flight Information Region (FIR) (ORBB)

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

ACTION: Final rule.

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SUMMARY: This action extends, for an additional two years, the
prohibition against certain flight operations in the Baghdad FIR (ORBB)
at altitudes below Flight Level 320 (FL320) by all: U.S. air carriers;
U.S. commercial operators; persons exercising the privileges of an
airman certificate issued by the FAA, except when such persons are
operating U.S.-registered aircraft for a foreign air carrier; and
operators of U.S.-registered civil aircraft, except when the operator
of such aircraft is a foreign air carrier. The FAA finds this action
necessary to address continuing hazards to persons and aircraft engaged
in such flight operations due to the complex security environment that
currently exists in the Baghdad FIR (ORBB) and the associated safety-
of-flight hazards, as described in the preamble to this final rule. The
FAA also republishes, with minor administrative revisions, the approval
process and exemption information for this Special Federal Aviation
Regulation

(SFAR), consistent with other recently published flight prohibition
SFARs.

DATES: This final rule is effective on September 20, 2022.

FOR FURTHER INFORMATION CONTACT: Bill Petrak, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This action extends the expiration date of SFAR No. 77, title 14
Code of Federal Regulations (CFR), 91.1605, from October 26, 2022,
until October 26, 2024. SFAR No. 77 prohibits certain flight operations
in the Baghdad FIR (ORBB) at altitudes below Flight Level (FL) 320 by
all: U.S. air carriers; U.S. commercial operators; persons exercising
the privileges of an airman certificate issued by the FAA, except when
such persons are operating U.S.-registered aircraft for a foreign air
carrier; and operators of U.S.-registered civil aircraft, except when
the operator of such aircraft is a foreign air carrier. Consistent with
other recently published flight prohibition SFARs, this action also
republishes, with minor administrative revisions, the approval process
and exemption information for this flight prohibition SFAR.

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
continues to prohibit the persons described in paragraph (a) of SFAR
No. 77, Sec.  91.1605, from conducting flight operations in the Baghdad
FIR (ORBB) at altitudes below FL320 due to the continuing hazards to
the safety of U.S. civil flight operations, as described in the
preamble to this final rule.

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 because
notice and comment would be impracticable and contrary to the public
interest. In addition, it is contrary to the public interest to allow
this SFAR to expire.
    The risk environment for U.S. civil aviation in airspace managed by
other countries with respect to safety of flight is fluid in
circumstances involving weapons capable of targeting or otherwise
negatively affecting U.S. civil aviation, as well as other hazards to
U.S. civil aviation associated with fighting, extremist and militant
activity, or heightened tensions. This fluidity and the need for the
FAA to rely upon classified information in assessing these risks makes
providing notice and opportunity to comment impracticable and contrary
to the public interest. The potential for rapid changes in the risks to
U.S. civil aviation significantly limits how far in advance of a new or
amended flight prohibition the FAA can usefully assess the risk
environment. Furthermore, to the extent that these rules and any
amendments are based upon classified information, the FAA cannot share
such information with the general public. As a result, engaging in
notice and comment would be impracticable.
    Additionally, it is crucial that the FAA's flight prohibitions, and
any amendments thereto, reflect the agency's current understanding of
the risk environment for U.S. civil aviation. This allows the FAA to
protect the safety of U.S. operators' aircraft and the lives of their
passengers and crews without over-restricting U.S. operators' routing
options. The delay that would be occasioned by providing an opportunity
to comment on this action would mean that the resulting final action
would not be based on the latest information about aviation risk in a
fluid environment.
    As described in the preamble to this rule, extending the flight
prohibition for U.S. civil aviation operations in the Baghdad FIR
(ORBB) at altitudes below FL320 is necessary due to continuing safety-
of-flight hazards associated with multiple state and non-state actors
conducting attacks in the Baghdad FIR (ORBB) in pursuit of various
objectives. These attacks include military activity by state actors, as
well as ongoing militia and terrorist attacks against the Government of
Iraq and against U.S. and coalition interests co-located with civilian
airports. Accordingly, the FAA finds good cause exists to forgo notice
and comment and any delay in the effective date for this rule.

III. Background

    On October 16, 2020, due to the complex security environment that
existed in Iraq, the FAA published a final rule amending SFAR No. 77,
Sec.  91.1605, to prohibit U.S. civil aviation operations in the
Baghdad FIR (ORBB) at altitudes below FL320.\1\ Additionally, given
that the security environment in Iraq remained fluid and tense, the FAA
was concerned about the safety of U.S. civil aviation operations in the
Baghdad FIR (ORBB) at altitudes at and above FL320. As a result, NOTAM
KICZ A0036/20, which prohibited U.S. civil aviation operations in the
Baghdad FIR (ORBB) at all altitudes remained in effect following
publication of the October 16, 2020 final rule. This approach
maintained flexibility for the FAA to revisit the all-altitude flight
prohibition as necessary to determine whether U.S. civil aviation
operations could occur safely in the Baghdad FIR (ORBB) at altitudes at
or above FL320.
---------------------------------------------------------------------------

    \1\ See Prohibition Against Certain Flights in the Baghdad
Flight Information Region (FIR) (ORBB) final rule, 85 FR 65686, Oct.
16, 2020, for an in-depth discussion of the security environment in
the Baghdad FIR (ORBB) at that time and the FAA's analysis of the
associated risks to U.S. civil aviation operations.
---------------------------------------------------------------------------

    The FAA continued to monitor the security environment in the
Baghdad FIR (ORBB) and associated risks to civil aviation safety. By
October 2021, the FAA assessed the safety risks to U.S. civil aviation
in the Baghdad FIR (ORBB) at altitudes at or above FL320 had diminished
sufficiently that U.S. civil aviation could safely resume operations at
those altitudes. Since the FAA issued NOTAM KICZ A0036/20 in March
2020, there had been no known

threats or attempted attacks against aircraft operating at altitudes at
or above FL320. Although ground-based attacks against U.S. and
coalition forces in Iraq continued, and incidents involving weaponized
unmanned aircraft systems (UAS) had risen significantly, those attacks
posed no direct threat to civil aircraft overflying the Baghdad FIR
(ORBB) at altitudes at or above FL320. Therefore, on October 22, 2021,
the FAA rescinded NOTAM KICZ A0036/20. SFAR No. 77, 14 CFR 91.1605,
remained in effect and continued to prohibit U.S. civil aviation
operations in the Baghdad FIR (ORBB) at altitudes below FL320 due to
the continued unacceptable risk to the safety of U.S. civil aviation
operations at those altitudes.

IV. Discussion of the Final Rule

    The FAA continues to assess the situation in the Baghdad FIR (ORBB)
at altitudes below FL320 as presenting an unacceptable risk to the
safety of U.S. civil aviation. Iranian-aligned militia groups (IAMGs)
publicly threatened to attack coalition forces remaining in Iraq after
December 31, 2020, and continue to demonstrate their capability and
intent to attack U.S. and international interests in Iraq, as well as
selected Iraqi government targets. On November 7, 2021, militants
conducted a weaponized UAS attack against Iraqi Prime Minister Mustafa
al-Kadhimi's residence in Baghdad. In January 2022, IAMGs conducted a
series of attempted attacks that were likely intended to commemorate
the second anniversary of the deaths of Iranian Revolutionary Guard
Corps (IRGC) Quds Forces Commander Qassem Soleimani and Iraqi Popular
Mobilization Units Deputy Head Abu Mahdi al-Muhandis in a U.S.
airstrike in January 2020. On January 3, 2022, IAMGs attempted to
attack U.S. interests co-located with Baghdad International Airport
(ORBI) with two weaponized UAS. Defensive counter-rocket, artillery,
and mortar (C-RAM) systems thwarted the attack, with no reported
casualties or damage. On January 4, 2022, militants unsuccessfully
attempted an attack with two weaponized UAS against Ayn Al Asad Air
Base (ORAA). On January 5, 2022, indirect rocket fire impacted the
runway at Baghdad International Airport (ORBI) but did not cause any
casualties.
    IAMGs have access to UAS and anti-aircraft capable weapons systems,
including the Iranian-produced 358 loitering hybrid surface-to-air
missile (SAM)/UAS system, which present inadvertent risks to the safety
of U.S. civil aviation operations in the Baghdad FIR (ORBB) at
altitudes below FL320 and at potentially targeted airports. IAMGs
likely lack the ability to conduct effective target identification and
airspace de-confliction, increasing the risk of an accidental shoot
down of a civil aircraft due to misidentification or misperception.
    In addition, the FAA remains concerned about cross-border military
activity. Both Iran and Turkey have previously conducted various no-
notice, cross-border operations striking targets in northern Iraq using
a variety of weapons, including short-range ballistic missiles,
rockets, and weaponized UAS. In a recent example, on March 12, 2022, up
to twelve Fateh-110 surface-to-surface ballistic missiles launched from
western Iran and impacted near the construction site of the new U.S.
consulate in Erbil, Iraq, and Erbil International Airport (ORER).
Iranian officials claimed responsibility for the ballistic missile
attack, allegedly carried out in response to the loss of two IRGC
officials in an alleged third-party airstrike in Syria. The missile
attack damaged surrounding buildings, but there were no reported
casualties, according to the Kurdish Interior Ministry. The assessed
points of impact were approximately 14km east/northeast of Erbil
International Airport (ORER), based on available open-source reporting.
    While this attack did not pose a direct threat to the airport, the
missile trajectories possibly presented an inadvertent risk to aircraft
in flight that might have been operating at low altitude in the
vicinity of Erbil International Airport (ORER) during the time of the
attack. In general, unannounced third-party cross-border operations in
the Baghdad FIR (ORBB) present a low altitude safety-of-flight risk for
aircraft flying in the vicinity of the targeted location(s) and for
aircraft on the ground at airports co-located with, or in close
proximity to, the intended targets. These activities also pose an
airspace de-confliction challenge. Additionally, there continues to be
an inadvertent risk to civil aviation operations in the Baghdad FIR
(ORBB) from global positioning system (GPS) jammers.
    Therefore, as a result of the significant, continuing risks to the
safety of U.S. civil aviation operations in the Baghdad FIR (ORBB) at
altitudes below FL320, the FAA extends the expiration date of SFAR No.
77, Sec.  91.1605, from October 26, 2022, until October 26, 2024.
    Further amendments to SFAR No. 77, Sec.  91.1605, might be
appropriate if the risk to U.S. civil aviation safety and security
changes. In this regard, the FAA will continue to monitor the situation
and evaluate the extent to which persons described in paragraph (a) of
this rule might be able to operate safely in the Baghdad FIR (ORBB) at
altitudes below FL320.
    The FAA also republishes the details concerning the approval and
exemption processes in Sections V and VI of this preamble, consistent
with other recently published flight prohibition SFARs, to enable
interested persons to refer to this final rule for comprehensive
information about requesting relief from the FAA from the provisions of
SFAR No. 77, Sec.  91.1605.

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

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

    In some instances, U.S. Government departments, agencies, or
instrumentalities may need to engage U.S. civil aviation to support
their activities in the Baghdad FIR (ORBB) at altitudes below FL320. If
a department, agency, or instrumentality of the U.S. Government
determines that it has a critical need to engage any person described
in paragraph (a) of SFAR No. 77, Sec.  91.1605, including a U.S. air
carrier or commercial operator, to transport civilian or military
passengers or cargo or conduct other operations in the Baghdad FIR
(ORBB) at altitudes below FL320, that department, agency, or
instrumentality may request the FAA to approve persons described in
paragraph (a) of SFAR No. 77, Sec.  91.1605, to conduct such
operations.
    The requesting U.S. Government department, agency, or
instrumentality must submit the request for approval to the FAA's
Associate Administrator for Aviation Safety in a letter signed by an
appropriate senior official of the requesting department, agency, or
instrumentality.\2\ The FAA will not accept or consider requests for
approval from anyone other than the requesting U.S. Government
department, agency, or instrumentality. In addition, the senior
official signing the letter requesting FAA approval must be
sufficiently

positioned within the requesting department, agency, or instrumentality
to demonstrate that the organization's senior leadership supports the
request for approval and is committed to taking all necessary steps to
minimize aviation safety and security risks to the proposed flights.
The senior official must also be in a position to: (1) attest to the
accuracy of all representations made to the FAA in the request for
approval, and (2) ensure that any support from the requesting U.S.
Government department, agency, or instrumentality described in the
request for approval is in fact brought to bear and is maintained over
time. Unless justified by exigent circumstances, requesting U.S.
Government departments, agencies, or instrumentalities must submit
requests for approval to the FAA no less than 30 calendar days before
the date on which the requesting department, agency, or instrumentality
wishes the operator(s) to commence the proposed operation(s).
---------------------------------------------------------------------------

    \2\ This approval procedure applies to U.S. Government
departments, agencies, or instrumentalities; it does not apply to
the public. The FAA describes this procedure in the interest of
providing transparency with respect to the FAA's process for
interacting with U.S. Government departments, agencies, or
instrumentalities that seek to engage U.S. civil aviation to operate
in the area in which this SFAR would prohibit their operations in
the absence of specific FAA approval.
---------------------------------------------------------------------------

    The requestor must send the request to the Associate Administrator
for Aviation Safety, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591. Electronic submissions are acceptable,
and the requesting entity may request that the FAA notify it
electronically as to whether the FAA grants the request for approval.
If a requestor wishes to make an electronic submission to the FAA, the
requestor should contact the Air Transportation Division, Flight
Standards Service, at<PHONE_NUMBER>, to obtain the appropriate email
address. A single letter may request approval from the FAA for multiple
persons described in SFAR No. 77, Sec.  91.1605, or for multiple flight
operations. To the extent known, the letter must identify the person(s)
the requester expects the SFAR to cover on whose behalf the U.S.
Government department, agency, or instrumentality seeks FAA approval,
and it must describe--
     The proposed operation(s), including the nature of the
mission being supported;
     The service the person(s) covered by the SFAR will
provide;
     To the extent known, the specific locations in the Baghdad
FIR (ORBB) at altitudes below FL320 where the proposed operation(s)
will occur, including, but not limited to, the flight path and altitude
of the aircraft while it is operating in the Baghdad FIR (ORBB) at
altitudes below FL320 and the airports, airfields, or landing zones at
which the aircraft will take off and land; and
     The method by which the requesting department, agency, or
instrumentality will provide, or how the operator will otherwise
obtain, current threat information and an explanation of how the
operator will integrate this information into all phases of the
proposed operations (i.e., the pre-mission planning and briefing, in-
flight, and post-flight phases).
    The request for approval must also include a list of operators with
whom the U.S. Government department, agency, or instrumentality
requesting FAA approval has a current contract(s), grant(s), or
cooperative agreement(s) (or its prime contractor has a subcontract(s))
for specific flight operations in the Baghdad FIR (ORBB) at altitudes
below FL320. The requestor may identify additional operators to the FAA
at any time after the FAA issues its approval. Neither the operators
listed in the original request, nor any operators the requestor
subsequently seeks to add to the approval, may commence operations
under the approval until the FAA issues them an Operations
Specification (OpSpec) or Letter of Authorization (LOA), as
appropriate, for operations in the Baghdad FIR (ORBB) at altitudes
below FL320. The approval conditions discussed below apply to all
operators. Requestors should send updated lists to the email address
they obtain from the Air Transportation Division by calling (202) 267-
8166.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Bill Petrak for instructions on
submitting it to the FAA. His contact information appears 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 the responsibility to
comply with all other applicable FAA rules and regulations. Operators
of civil aircraft must comply with the conditions of their
certificates, OpSpecs, and LOAs, as applicable. Operators must also
comply with all rules and regulations of other U.S. Government
departments, agencies, or instrumentalities that may apply to the
proposed operation(s), including, but not limited to, regulations
issued by the Transportation Security Administration.

B. Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety
organization will send an approval letter to the requesting U.S.
Government department, agency, or instrumentality informing it that the
FAA's approval is subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions
that limit, to the greatest degree possible, the risk to the operator,
while still allowing the operator to achieve its operational
objectives.
    (2) Before any approval takes effect, the operator must submit to
the FAA:
    (a) A written release of the U.S. Government from all damages,
claims, and liabilities, including without limitation legal fees and
expenses, relating to any event arising out of or related to the
approved operations in the Baghdad FIR (ORBB) at altitudes below FL320;
and
    (b) The operator's written agreement to indemnify the U.S.
Government with respect to any and all third-party damages, claims, and
liabilities, including without limitation legal fees and expenses,
relating to any event arising out of or related to the approved
operations in the Baghdad FIR (ORBB) at altitudes below FL320.
    (3) Other conditions the FAA may specify, including those the FAA
might impose in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator
from raising a claim under an applicable non-premium war risk insurance
policy the FAA issues under chapter 443 of title 49, U.S. Code.
    If the FAA approves the proposed operation(s), the FAA will issue
an OpSpec or LOA, as applicable, to the operator(s) identified in the
original request and any operators the requestor subsequently adds to
the approval, authorizing them to conduct the approved operation(s). In
addition, as stated in paragraph (3) of this section V.B., the FAA
notes that it may include additional conditions beyond those contained
in the approval letter in any OpSpec or LOA associated with a
particular operator operating under this approval, as necessary in the
interests of aviation safety. U.S. Government departments, agencies,
and instrumentalities requesting FAA approval on behalf of entities
with which they have a contract or subcontract, grant, or cooperative
agreement should request a copy of the relevant OpSpec or LOA directly
from the entity with which they have any of the foregoing types of
arrangements, if desired.

VI. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval the FAA issues
through the approval process set forth previously may only occur in
accordance with an exemption from SFAR No. 77, Sec.  91.1605. A
petition for exemption must comply with 14 CFR part 11. The FAA will
consider whether exceptional circumstances exist beyond those

described in the approval process in the previous section. To determine
whether a petition for exemption from the prohibition this SFAR
establishes fulfills the standard of 14 CFR 11.81, the FAA consistently
finds necessary the following information:
     The proposed operation(s), including the nature of the
operation;
     The service the person(s) covered by the SFAR will
provide;
     The specific locations in the Baghdad FIR (ORBB) at
altitudes below FL320 where the proposed operation(s) will occur,
including, but not limited to, the flight path and altitude of the
aircraft while it is operating in the Baghdad FIR (ORBB) at altitudes
below FL320 and the airports, airfields, or landing zones at which the
aircraft will take off and land;
     The method by which the operator will obtain current
threat information and an explanation of how the operator will
integrate this information into all phases of its proposed operations
(i.e., the pre-mission planning and briefing, in-flight, and post-
flight phases); and
     The plans and procedures the operator will use to minimize
the risks identified in this preamble to the proposed operations, to
support the relief sought and demonstrate that granting such relief
would not adversely affect safety or would provide a level of safety at
least equal to that provided by this SFAR. The FAA has found
comprehensive, organized plans and procedures of this nature to be
helpful in facilitating the agency's safety evaluation of petitions for
exemption from flight prohibition SFARs.
    The FAA includes, as a condition of each such exemption it issues,
a release and agreement to indemnify, as described previously.
    The FAA recognizes that, with the support of the U.S. Government,
the governments of other countries could plan operations that may be
affected by SFAR No. 77, Sec.  91.1605. While the FAA will not permit
these operations through the approval process, the FAA will consider
exemption requests for such operations on an expedited basis and in
accordance with the order of preference set forth in paragraph (c) of
SFAR No. 77, Sec.  91.1605.
    If a petition for exemption includes information that is sensitive
for security reasons or proprietary information, requestors may contact
Aviation Safety Inspector Bill Petrak for instructions on submitting it
to the FAA. His contact information is listed in the FOR FURTHER
INFORMATION CONTACT section of this final rule.

VII. 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 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 significant
regulatory action, as defined in section 3(f) of Executive Order 12866,
as it raises novel policy issues contemplated under that Executive
order. As 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 prohibits U.S. civil flights in the Baghdad FIR (ORBB) at
altitudes below FL320, due to the significant, continuing hazards to
U.S. civil aviation detailed in the preamble of this final rule. This
action also extends the expiration date of this rule for an additional
two years.
    The FAA acknowledges this flight prohibition might result in
additional costs to some U.S. operators, such as increased fuel costs
and other operational-related costs. However, the FAA expects the
benefits of this action exceed the costs because it will result in the
avoidance of risks of fatalities, injuries, and property damage that
could occur if a U.S. operator's aircraft were shot down (or otherwise
damaged) while operating in the Baghdad FIR (ORBB) at altitudes below
FL320.

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.
    The FAA has assessed the potential effect of this final rule and
determined that its purpose is to protect the safety of U.S. civil
aviation from risks to their operations in the Baghdad FIR (ORBB) at
altitudes below FL320, a location outside the U.S. Therefore, 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 $155 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 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.
    While the FAA's flight prohibition does not apply to foreign air
carriers, DOT codeshare authorizations prohibit foreign air carriers
from carrying a U.S. codeshare partner's code on a flight segment that
operates in airspace for which the FAA has issued a flight prohibition
for U.S. civil aviation. In addition, foreign air carriers and other
foreign operators may choose to avoid, or be advised or directed by
their civil aviation authorities to avoid, airspace for which the FAA
has issued a flight prohibition for U.S. civil aviation.

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.

VIII. 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.

IX. Additional Information

A. Electronic Access

    Except for classified material, all documents the FAA considered in
developing this rule, including economic analyses and technical
reports, may be accessed from the internet through the 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<PHONE_NUMBER>.
Interested persons must identify the docket or amendment number of this
rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, 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), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-

47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note);
articles 12 and 29 of the Convention on International Civil Aviation
(61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.1605 by revising paragraph (e) to read as follows:

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

* * * * *
    (e) Expiration. This SFAR will remain in effect until October 26,
2024. The FAA may amend, rescind, or extend this SFAR, as necessary.

    Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on or
about September 22, 2022.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-20318 Filed 9-19-22; 8:45 am]
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[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5014-5015]
[FR Doc No: 2023-01555]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0019; OMB No. 1660-NW151]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Survey Following the National Test of the
Wireless Emergency Alert (WEA) System

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of new collection and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning a survey following the upcoming national test of the
Wireless Emergency Alert (WEA) system.

DATES: Comments must be submitted on or before February 27, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Ward D. Hagood, IPAWS DS2 T&E Manager, FEMA HQ/PNP-NCP-CCD-IPAWS,
phone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION: Public Law 114-143, the Integrated Public
Alert and Warning System Modernization Act of 2015, and Presidential
Executive Order 13407, Public Alert and Warning System, require FEMA to
implement the public alert and warning system to disseminate timely and
effective warnings to people in situations of war, terrorist attack,
natural disaster, or other hazards to public safety and wellbeing, and
conduct tests of the public alert and warning system at least once
every three years. The Act also requires public education efforts and a
general market awareness campaign to ensure understanding of the
functions of the public alert and warning system. The Integrated Public
Alert and Warning System (IPAWS) is the Department of Homeland
Security's (DHS) response to the Executive Order. The Stafford Act
(U.S.C. Title 42, chapter 68, subchapter II) requires that FEMA make
IPAWS available to Federal, state, local, tribal, and territorial
agencies for the purpose of providing warning to governmental
authorities and the civilian population in areas endangered by
disasters. FEMA is planning a national test of a key component of
IPAWS, the Wireless Emergency Alert (WEA) system, to satisfy the
testing and public education requirements of the IPAWS Modernization
Act of 2015 (Pub. L. 114-143). The WEA system broadcasts alerts to cell
phones configured to receive such alerts (which, at this point, is most
phones sold in the United States). The WEA national test will be
announced in advance by FEMA and widely publicized. The test will help
FEMA assess WEA's geographic reach, along with additional key
parameters outlined in the IPAWS Modernization Act of 2015. This will
help FEMA and other WEA stakeholders, such as the Federal
Communications Commission (FCC) and Congressional committees, enhance
and expand WEA, and thus further improve emergency alerting
capabilities, leading to a better prepared and more resilient nation.
FEMA will implement a survey to capture key technical performance
factors of WEA, such as geographic coverage and carrier-related issues,
as well as non-technical aspects essential to WEA's role in national
alerting, including alerting effectiveness in reaching diverse
populations, including traditionally underserved populations. The
survey will also assess public awareness of the WEA system.
    This proposed information collection previously published in the
Federal Register on July 7, 2022, at 87 FR 40544 with a 60 day public
comment period. FEMA received six public comments. Comments 1 (FEMA-
2022-0019-0002), 2 (FEMA-2022-0019-0003), and 4 (FEMA-2022-0019-0005),
which provided feedback on technical aspects of the WEA system as
opposed to feedback on this specific data collection, were shared with
IPAWS. Per comment 3 (FEMA-2022-0019-0004), the 30-Day FRN will also
include the draft survey, which will not require advertising since
participants will be recruited through established survey panels.
Comment 5 (FEMA-2022-0019-0006) referenced a survey that was not
affiliated with this data collection. FEMA responded to comment 6
(FEMA-2022-0019-0007) by providing additional detail on the issues
raised.
    The purpose of this notice is to notify the public that FEMA will
submit the information collection abstracted below to the Office of
Management and Budget for review and clearance.

Collection of Information

    Title: Survey Following the National Test of the Wireless Emergency
Alert (WEA) System.
    Type of Information Collection: New information collection.
    OMB Number: 1660-NW151.
    FEMA Form: FEMA Form FF-302-FY-22-101, WEA National Test Survey.
    Abstract: FEMA will field a survey following a national test of the
WEA system. The survey will capture key technical performance factors,
such as geographic coverage and carrier-related issues, and non-
technical aspects essential to WEA's role in national alerting,
including effectiveness in reaching diverse populations. FEMA will use
this information to improve the performance of the WEA system and
assess public awareness.

    Affected Public: Individuals or households.
    Estimated Number of Respondents: 82,586.
    Estimated Number of Responses: 82,586.
    Estimated Total Annual Burden Hours: 8,092.
    Estimated Total Annual Respondent Cost: $328,617.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $2,104,395.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-01555 Filed 1-25-23; 8:45 am]
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