[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Proposed Rules]
[Page 13592]
[FR Doc No: C1-2014-04568]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0128; Directorate Identifier 2013-NM-133-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

Correction

    In proposed rule document 2014-04568, appearing on pages 11725
through 11728 in the issue of Monday, March 3, 2014, make the following
correction:
    On page 11725, in the third column, in the third line of the
SUMMARY, ``Boeing Company Model airplanes'' should read ``Boeing
Company Model 777 airplanes''.

[FR Doc. C1-2014-04568 Filed 3-10-14; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10308-10309]
[FR Doc No: 2016-04248]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77210; File No. SR-NYSEMKT-2016-27]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Sections 1206
and 1212T of the NYSE MKT Company Guide

February 23, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on February 17, 2016, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Exchange has designated this proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \4\ and Rule 19b-4(f)(6)(iii) thereunder,\5\ 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Sections 1206 and 1212T of the NYSE
MKT Company Guide (the ``Company Guide'') to delete an outdated
reference. The proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange recently established a Committee for Review (``CFR'')
as a sub-committee of the Regulatory Oversight Committee.\6\ As
approved, the CFR was the successor to, among others, the Committee on
Securities, a committee of the Exchange board of directors that reviews
determinations to limit or prohibit the continued listing of an
issuer's securities on the Exchange. In connection with this filing,
the Exchange made conforming amendments to Sections 1206 and 1212T of
the Company Guide, among others, to replace references to the
``Committee on Securities'' with ``Committee for Review.'' As a result,
two conforming references to a ``Committee on Securities Council''
became references to a ``Committee for Review Council.'' \7\ More
specifically, prior to the recent amendment, Section 1206 referred to a
``Committee on Securities Council.'' As recently amended, Section 1206
of the Company Guide describes the process for discretionary review by
the Exchange board of directors of delisting decisions of the Committee
for Review, and provides that the board of directors may, among other
things, ``remand the matter to the Committee for Review Council, Panel,
or Staff with appropriate instructions.'' \8\
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    \6\ See Securities Exchange Act Release No. 77008 (February 1,
2016) (SR-NYSEMKT-2015-106).
    \7\ See Securities Exchange Act Release No. 76638 (December 14,
2015), 80 FR 79117 (SR-NYSEMKT-2015-106).
    \8\ See Company Guide, Section 1206(e).
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    Similarly, prior to the recent amendment, Section 1212T referred to
a ``Committee on Securities Council.'' Section 1212T governs certain
legacy listing applications, and provides for a discretionary review by
the Exchange's board of directors of Committee for Review
determinations not to approve an issuer's listing application.\9\ The
amended language provides that a discretionary review by the Exchange
board of directors can be, among other things, remanded to the
``Committee for Review Council, Panel, or Staff with appropriate
instructions.'' \10\
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    \9\ See Company Guide, Section 1212T(h).
    \10\ See id. at (h)(ii).
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    The Exchange proposes to amend Section 1206(d) and 1212T(h)(ii) to
delete the outdated reference to ``Council'' in both rules. The
Exchange currently does not have a constituted body known as the
Committee for Review Council, and did not have a Committee on
Securities Council prior to the recent amendment. The reference that
was in the rules to a Committee on Securities Council is a legacy
reference pre-dating the acquisition of the American Stock Exchange by
the NYSE in 2008.\11\
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    \11\ See, e.g., Securities Exchange Act Release No. 53398 (March
2, 2006), 71 FR 12738 (SR-Amex-2005-107).
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    The use of ``Council'' in Sections 1206 and 1212T is accordingly
obsolete. A remand by the Exchange board of directors under either
Section 1206(d) or 1212T(h)(ii) prior to the amendments could only have
been to the Committee on Securities Panel making the contested
determination or Exchange staff, and a remand under the proposed
revised rules would only be to the Committee for Review Panel making
the contested determination or to Exchange staff. The Exchange is,
therefore, proposing to delete the outdated reference to ``Council.''
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \12\ in general, and with Section
6(b)(5) \13\ in particular, in that it 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 a national market system and, in general, help to protect
investors and the public interest. Specifically, the Exchange believes
that replacing outdated references to the Committee for Review
``Council'' removes impediments to and perfects the mechanism of a free
and open market by removing confusion that may result from having
obsolete references in the Exchange's rulebook. The Exchange further
believes that the proposal removes impediments to and perfects the
mechanism of a free and open market by ensuring that persons subject to
the Exchange's jurisdiction, regulators, and the investing public can
more easily navigate and understand the Exchange's rulebook. The
Exchange believes that eliminating obsolete references would not be
inconsistent with the public interest and the protection of investors
because investors will not be harmed and in fact would benefit from
increased transparency, thereby reducing potential confusion. Removing
such obsolete references will also further the goal of transparency and
add clarity to the Exchange's rules.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 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 Exchange Act. The proposed rule
change is not intended to address competitive issues but rather to
delete obsolete references, thereby increasing transparency, reducing
confusion, and making the Exchange's rules easier to understand and
navigate.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\14\
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    \14\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's 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. The Exchange has satisfied this
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiver of the 30-day operative delay is appropriate because the
proposed rule change will reduce confusion and add clarity to the
Company Guide without delay. Based on the foregoing, the Commission
believes that the waiver of the operative delay is consistent with the
protection of investors and the public interest.\17\ The Commission
hereby grants the waiver and designates the proposal operative upon
filing.
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 such proposed rule
change, the Commission summarily may temporarily suspend 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 purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-27 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2016-27. This
file number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. 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 Number SR-NYSEMKT-2016-27 and should
be submitted on or before March 21, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-04248 Filed 2-26-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20489-20490]
[FR Doc No: 2015-08740]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Availability of the Draft Environmental Impact
Statement for the Proposed Lake Charles Liquefaction Project

Trunkline Gas Company, LLC...  Docket Nos. CP14-119-000.
Lake Charles LNG Company, LLC  CP14-120-000.
Lake Charles LNG Export        CP14-122-000.
 Company, LLC.

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the Lake Charles Liquefaction Project, proposed by Trunkline Gas
Company, LLC (Trunkline), Lake Charles LNG Company, LLC, and Lake
Charles LNG Export Company, LLC in the above-referenced dockets.
Trunkline requests authorization to construct, install, and operate new
natural gas pipeline and compression facilities and meter stations;
modify certain existing pipeline facilities; modify certain compressor
and meter stations; and abandon one compressor unit in the states of
Arkansas, Mississippi, and Louisiana (collectively referred to as the
Non-Liquefaction Facilities). Lake Charles LNG Company, LLC and Lake
Charles LNG Export Company, LLC (collectively referred to as Lake
Charles LNG) jointly request authorization to site, construct, and
operate new liquefaction facilities adjacent to an existing liquefied
natural gas (LNG) terminal located in Calcasieu Parish, Louisiana, and
to construct and operate certain facility modifications at the existing
LNG terminal. The new liquefaction facilities would have a design
production capacity of 16.45 million metric tons of LNG per annum.
    Lake Charles LNG Company, LLC also requests authorization to
abandon certain terminal facilities previously certificated under the
Natural Gas Act (NGA) section 7; abandon services provided under its
existing FERC Gas Tariff and Certificates of Public Convenience and
Necessity; cancel its FERC Gas Tariff, including all rate schedules
therein; and convert such certificated facilities and operation under
NGA section 3, so that the entirety of the company's facilities and
operations are authorized solely under NGA section 3.
    The draft EIS assesses the potential environmental effects of
construction and operation of the Lake Charles Liquefaction Project in
accordance with the requirements of the National Environmental Policy
Act. The FERC staff concludes that approval of the proposed project
would have some adverse environmental impacts; however, most of these
impacts would be reduced to less-than-significant levels with the
implementation of Lake Charles LNG's and Trunkline's proposed
mitigation and the additional measures recommended in the draft EIS.
    The U.S. Army Corps of Engineers, U.S. Coast Guard, U.S. Department
of Energy, U.S. Fish and Wildlife Service, and U.S. Department of
Transportation participated as cooperating agencies in the preparation
of the draft EIS. Cooperating agencies have jurisdiction by law or
special expertise with respect to resources potentially affected by a
proposal and participate in the National Environmental Policy Act
analysis. Although the cooperating agencies provided input on the
conclusions and recommendations presented in the draft EIS, the
agencies will present their own conclusions and recommendations in
their respective records of decision or determinations for the project.
    The draft EIS addresses the potential environmental effects of the
construction, modification, and operation of the following project
facilities:
     Three liquefaction trains, each with a production capacity
sufficient to produce 5.48 million metric tons per annum of LNG for
export (each train would contain metering and gas treatment facilities,
liquefaction and refrigerant units, safety and control systems, and
associated infrastructure);
     modifications and upgrades at the existing LNG terminal;
     about 0.5 mile of 48-inch-diameter feed gas line to supply
natural gas to the liquefaction facility from existing gas transmission
pipelines;
     approximately 17.9 miles of 24- and 42-inch-diameter
natural gas pipeline;
     a new 98,685 horsepower (hp) compressor station;
     abandonment of a 3,000-hp compressor unit, installation of
a 15,002-hp unit, and piping modifications at one existing compressor
station;
     modification of station piping at three other existing
compressor stations;
     five new meter stations and modifications and upgrades of
five existing meter stations;
     modification of certain existing pipeline facilities; and

     construction of miscellaneous auxiliary and appurtenant
facilities.
    The FERC staff mailed copies of the draft EIS to federal, state,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners; other interested individuals and non-
governmental organizations; newspapers and libraries in the project
area; and parties to this proceeding. Paper copy versions of this EIS
were mailed to those specifically requesting them; all others received
a compact disk version. In addition, the draft EIS is available for
public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary
link. A limited number of hardcopies are available for distribution and
public inspection at: Federal Energy Regulatory Commission, Public
Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426,
(202) 502-8371.
    Any person wishing to comment on the draft EIS may do so. To ensure
consideration of your comments on the proposal in the final EIS, it is
important that the Commission receive your comments on or before June
1, 2015.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number(s) (CP14-119-000, CP14-120-000, and CP14-122-000)
with your submission. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project.
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type.
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend a public comment meeting its staff
will conduct in the project area to receive comments on the draft EIS.
We encourage interested groups and individuals to attend and present
oral comments on the draft EIS. A transcript of the meeting will be
available for review in eLibrary under the project docket numbers. The
meeting will begin at 7:00 p.m. and is scheduled as follows:

------------------------------------------------------------------------
                  Date                               Location
------------------------------------------------------------------------
May 7, 2015............................  Holiday Inn Lake Charles--W.
                                          Sulphur, 330 Arena Road,
                                          Sulphur, Louisiana 70665,
<PHONE_NUMBER>.
------------------------------------------------------------------------

    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (Title 18 Code of Federal Regulations Part
385.214).\1\ Only intervenors have the right to seek rehearing of the
Commission's decision. The Commission grants affected landowners and
others with environmental concerns intervenor status upon showing good
cause by stating that they have a clear and direct interest in this
proceeding that no other party can adequately represent. Simply filing
environmental comments will not give you intervenor status, but you do
not need intervenor status to have your comments considered.
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    \1\ See the previous discussion on the methods for filing
comments.
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Questions?

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket
number(s) excluding the last three digits in the Docket Number field
(i.e., CP14-119, CP14-120, and CP14-122). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>;
for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides access
to the texts of formal documents issued by the Commission, such as
orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: April 10, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-08740 Filed 4-15-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8298-8299]
[FR Doc No: 2020-02872]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-0008]

Request for Nominations of Individuals and Industry Organizations
for the Patient Engagement Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting that
industry organizations interested in participating in the selection of
a pool of nonvoting industry representatives to serve as temporary
nonvoting members on the Patient Engagement Advisory Committee (the
Committee) in the Center for Devices and Radiological Health notify FDA
in writing. FDA is also requesting nominations for temporary nonvoting
industry representatives to be included in a pool of individuals to
serve on the Committee. Nominees recommended to serve as a temporary
nonvoting industry representative may either be self-nominated or
nominated by an industry organization. This position may be filled by
representatives from different medical device areas based on expertise
relevant to the topics being considered by the Committee. Nominations
will be accepted for upcoming vacancies effective with this notice.
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and, therefore, encourages nominations of
appropriately qualified candidates from these groups.

DATES: Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interest must send a letter stating that interest to the FDA by March
16, 2020 (see sections I and II of this document for details).

Concurrently, nomination materials for prospective candidates should be
sent to FDA by March 16, 2020.

ADDRESSES: All statements of interest from industry organizations
interested in participating in the selection process of a pool of
nonvoting industry representatives should be sent electronically to
Margaret Ames (see FOR FURTHER INFORMATION CONTACT). All nominations
for nonvoting industry representatives should be submitted
electronically by accessing the FDA Advisory Committee Membership
Nomination Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail to Advisory Committee Oversight and
Management Staff, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002. Information
about becoming a member on an FDA advisory committee can also be
obtained by visiting FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm.

FOR FURTHER INFORMATION CONTACT: Margaret Ames, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5213, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is requesting nominations for a pool of
nonvoting industry representatives for the Committee. The list of
needed expertise on May 1, 2020, is identified below:

(1) Cybersecurity
(2) Communication of Benefit and Risk Information to Patients;
Medical Device Labeling
(3) Digital Health Technology/Artificial Intelligence
(4) Health of Women/Pediatrics (Vulnerable Population Groups)
(5) Patient Engagement
(6) Patient Preference Elicitation
(7) Patient-reported Outcomes Development, Validation, and Use in
Regulatory Studies or Clinical Practice
(8) Postmarket Studies, including Observational and Registry-based
Studies
    FDA is publishing separate documents regarding:
1. Request for Nominations for Voting Members for the Patient
Engagement Advisory Committee
2. Request for Nominations for Consumer Representative for the
Patient Engagement Advisory Committee

I. General Description of the Committee's Duties

    The Committee provides advice on complex issues relating to medical
devices, the regulation of devices, and their use by patients. Agency
guidance and policies, clinical trial or registry design, patient
preference study design, benefit-risk determinations, device labeling,
unmet clinical needs, available alternatives, patient reported outcomes
and device-related quality of life or health status issues are among
the topics that may be considered by the Committee. Members are
knowledgeable in areas such as clinical research, primary care patient
experience, healthcare needs of patient groups in the United States or
are experienced in the work of patient and health professional
organizations, methodologies for eliciting patient preferences, and
strategies for communicating benefits, risks, and clinical outcomes to
patients and research subjects. The Commissioner of Food and Drugs (the
Commissioner), or designee, shall have the authority to select from a
group of individuals nominated by industry to serve temporarily as
nonvoting members who are identified with industry interests. The
number of temporary members selected for a particular meeting will
depend on the meeting topic(s).

II. Qualifications

    Persons nominated for the Patient Engagement Advisory Committee
should be full-time employees of firms that manufacture medical device
products, or consulting firms that represent manufacturers or have
similar appropriate ties to industry.

III. Selection Procedure

    Any industry organization interested in participating in the
selection of an appropriate nonvoting member to represent industry
interest must send a letter stating that interest to the FDA contact
(see FOR FURTHER INFORMATION CONTACT) within 30 days of publication of
this document (see DATES). Within the subsequent 30 days, FDA will send
a letter to each organization that has expressed an interest, attaching
a complete list of all such organizations, and a list of all nominees
along with their current resumes or curriculum vitae. The letter will
also state that it is the responsibility of the interested
organizations to confer with one another and to select a candidate or
candidates (to serve in a pool of individuals with varying areas of
expertise) to represent industry interest for the Committee, within 60
days after the receipt of the FDA letter. The interested organizations
are not bound by the list of nominees in selecting a candidate or
candidates. However, if no individual is selected within 60 days, the
Commissioner will select temporary nonvoting members (or pool of
individuals) to represent industry interests.

IV. Nomination Procedure

    Individuals may self-nominate and/or an organization may nominate
one or more individuals to serve as a temporary nonvoting industry
representative. Nominations must include a cover letter and a current,
complete resume or curriculum vitae for each nominee, including current
business and/or home address, telephone number, and email address if
available, and a signed copy of the Acknowledgement and Consent form
available at the FDA Advisory Committee Membership Nomination Portal
(see ADDRESSES). Nominations should specify the advisory committee for
which the nominee is recommended within 30 days of publication of this
document (see DATES). In addition, nominations should acknowledge that
the nominee is aware of the nomination, unless self-nominated. FDA will
forward all nominations to the organizations expressing interest in
participating in the selection process for the Committee. Only
interested industry organizations participate in the selection process.
Persons who nominate themselves as nonvoting industry representatives
will not participate in the selection process.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: February 7, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-02872 Filed 2-12-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Rules and Regulations]
[Pages 721-727]
[FR Doc No: 2015-33257]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules
and Regulations

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2007-27602; Amdt. No. 91-339]
RIN 2120-AK75

Prohibition Against Certain Flights in the Territory and Airspace
of Somalia

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

ACTION: Final rule.

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SUMMARY: This action amends and expands a prohibition against certain
flights in the territory and airspace of Somalia that applies to 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 aircraft for a foreign air
carrier; and operators of U.S.-registered civil aircraft, except when
such operators are foreign air carriers. The prohibition is expanded by
raising the minimum Flight Level (FL) for flight operations by such
persons from FL200 to FL260. The FAA is taking this action because it
has determined that there is an unacceptable risk to U.S. civil
aviation operating in the territory and airspace of Somalia at
altitudes below FL260 resulting from terrorist and militant activity.
The security situation in Somalia remains unstable. In response to this
activity, the FAA published a Notice to Airmen (NOTAM) on May 12, 2015,
prohibiting U.S. civil flight operations in the territory and airspace
of Somalia at altitudes below FL260. The prohibition contained in the
May 12, 2015 NOTAM was continued in a subsequent NOTAM issued on
November 25, 2015 that used a new accountability code for NOTAMs that
announce FAA flight advisories or prohibitions for U.S. civil aviation
operations in airspace for which the FAA is not the air navigation
service provider. This amendment incorporates the flight prohibition
set forth in the November 25, 2015 NOTAM into the rule; revises the
approval process for proposed operations sponsored by other U.S.
Government departments, agencies, and instrumentalities to align with
the approval processes established for other recently published flight
prohibition rules and clarifies the FAA's expectations regarding
requests for approval; adds information about requests for exemption;
reorganizes the placement of the rule within the General Operating and
Flight Rules; and makes technical corrections to the regulatory text.
This final rule will remain in effect for two years.

DATES: This final rule is effective on January 7, 2016.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Michael Filippell, Air Transportation Division,
AFS-220, Flight Standards Service, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8166; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

    The FAA has determined that there is an unacceptable risk to U.S.
civil aviation operating in the territory and airspace of Somalia at
altitudes below FL260 resulting from terrorist and militant activity,
as described in the Background section of this rule. This action
incorporates into Special Federal Aviation Regulation (SFAR) No. 107,
Sec.  91.1613, the expanded flight prohibition for U.S. civil aviation
detailed in the November 25, 2015, 2015 NOTAM (KICZ A0031/15). The
revised prohibition applies to flight operations in the territory and
airspace of Somalia at altitudes below FL260 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 aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except when such operators are foreign air
carriers. Prior to this rulemaking action, SFAR No. 107 prohibited
certain flight operations within the territory and airspace of Somalia
below FL200 (former paragraph 2 of SFAR No. 107). However, it permitted
flights departing from countries adjacent to Somalia whose climb
performance would not permit them to operate above FL200 prior to
entering Somali airspace, to operate at altitudes below FL200 while
operating within Somalia to the extent necessary to permit them to
climb above FL200, subject to the approval of, and in accordance with
the conditions established by, the appropriate authorities of Somalia
(former paragraph 2(b) of SFAR No. 107). This amendment no longer
provides such exceptions for flights departing from adjacent countries
and entering Somali airspace below FL260. This amendment also reformats
the rule to meet current Federal Register requirements; moves the rule
from the beginning of part 91 of title 14, Code of Federal Regulations
(CFR) to subpart M of that part; and revises 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 and clarifies the
FAA's expectations regarding requests for approvals. It also adds
information about requests for exemptions and makes technical
corrections to the regulatory text.

II. 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 contrary to the public interest due to the immediate need to
address the hazards to U.S. civil aviation that continue to exist in
the territory and airspace of Somalia, as described in the Background
section of this rule.

III. 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
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 prohibits the persons subject to paragraph
(a) of Special Federal Aviation Regulation (SFAR) No. 107, Sec.
91.1613, (formerly paragraph 1 of SFAR No. 107) from conducting flight
operations at altitudes below FL 260 in the territory and airspace of
Somalia due to the hazards to the safety of such persons' flight
operations, as described in the Background section of this rule.

IV. Background

    The FAA issued SFAR No. 107, effective March 30, 2007 (72 FR 16710,
April 5, 2007), because it had aviation safety and national security
concerns regarding the safety of U.S. civil flight operations in
Somalia, as well as overflights of Somalia below FL200. On March 9,
2007, the fuselage of an IL-76 aircraft supporting the deployment of
Ugandan peacekeeping forces to Somalia exploded and caught fire just
above the landing gear while on final approach to Mogadishu
International Airport (HCMM). There was evidence to support the
possibility that the aircraft might have been struck by a rocket-
propelled grenade (RPG) while 2.5-3 kilometers off the coast of Somalia
at approximately 120 meters in altitude. The aircraft was able to land
at Mogadishu, but was heavily damaged, although no serious injuries
occurred to any crew or passengers. While there were conflicting
accounts regarding the cause of the incident, the FAA believed at the
time that the attack on the IL-76 was probably caused by an RPG. The
FAA could not rule out the possibility that some individuals also had
access to man-portable air defense systems (MANPADS) that could be used
against those persons covered by SFAR No. 107. In addition, on March
23, 2007, an IL-76 aircraft crashed after taking off from Mogadishu
airport, killing all the passengers and crew. The aircraft brought
engineers and parts to the IL-76 crippled in the March 9, 2007,
incident. Although the cause of the crash was under investigation at
the time SFAR No. 107 was issued, there was a possibility the IL-76 was
downed by a MANPAD or RPG. These incidents occurred days after unknown
individuals attacked the airport at Mogadishu with mortars, causing
minimal damage. Consequently, the FAA determined that it was not safe
for persons subject to SFAR No. 107 to overfly Somali territory below
FL200 and that it was not in the United States' national security
interests for such persons to engage in flight operations within the
territory and airspace of Somalia below that altitude. Subsequent
review of the IL-76 incidents later assessed that both attacks likely
involved MANPADS.
    The security situation in Somalia remains unstable. The FAA has
continued to monitor hazards to U.S. civil aviation in the territory
and airspace of Somalia and has determined that the risk from terrorist
and militant activity now makes it unsafe for U.S. civil flights to
operate in the territory and airspace of Somalia at altitudes below
FL260. On May 12, 2015, the FAA published NOTAM FDC 5/0120, which
prohibited all U.S. civil flight operations in the territory and
airspace of Somalia at altitudes below FL260, due to an unacceptable
risk to U.S. civil aviation operations at altitudes below FL260 from
terrorist and militant activity. This NOTAM increased restrictions on
U.S. civil aviation operations in the territory and airspace of Somalia
beyond the restrictions contained in SFAR No. 107, which remained in
effect.
    On November 25, 2015, KICZ NOTAM A0031/15 replaced FDC NOTAM 5/0120
(A0018/15). The new NOTAM was published as the FAA transitioned from
using Flight Data Center NOTAMs to the new KICZ accountability code for
NOTAMS that announce FAA flight advisories or prohibitions for U.S.
civil aviation operations in airspace for which the FAA is not the air
navigation service provider. The details of the FAA's flight
prohibition remained unchanged. This rule incorporates the expanded
restrictions contained in the NOTAM into SFAR No. 107.
    International civil air routes that transit Somali airspace and
aircraft operating to and from Somali airports remain at risk from
terrorist and militant groups potentially employing anti-aircraft
weapons, including MANPADS, small-arms fire and indirect fire from
mortars and rockets targeting airports. Some of these weapons have the
capability to target aircraft upon approach and departure and at higher
altitudes. The terrorist group al-Shabaab is active in Somalia and has
demonstrated the capability and intent to target U.S. and Western
interests. Al-Shabaab has conducted multiple attacks against civil
aviation, including the previously mentioned attacks on two IL-76
aircraft in March 2007, likely using MANPADS. These attacks were part
of the basis for the original SFAR. Al-Shabaab has also conducted
ground assaults against Mogadishu International Airport (HCMM), the
most recent of which occurred in December 2014. Attacks against
aircraft in-flight or Somali airports can occur with little or no
warning.
    Given the uncertainty about when the above-described hazards to
U.S. civil aviation will abate sufficiently to allow for safe U.S.
civil aviation operations in the territory and airspace of Somalia
below FL260, this amendment follows up on the November 25, 2015, NOTAM
(KICZ A0031/15) by incorporating the flight prohibition contained in
the NOTAM into the CFR. This amendment also places SFAR No. 107 in
subpart M of part 91 in the new 14 CFR 91.1613.
    The FAA will continue to actively evaluate the area to determine to
what extent U.S. civil aviation may be able to safely operate therein.
Adjustments to this SFAR may be appropriate if the risk to aviation
safety and security changes. The FAA may amend or rescind this SFAR, as
necessary, prior to its expiration date.
    Additionally, the FAA is amending the approval process and approval
conditions for SFAR No. 107, Sec.  91.1613. The FAA believes that it
has provided more streamlined approval processes for other U.S.
government departments, agencies, and instrumentalities in more recent
flight prohibition SFARs than the current SFAR No. 107 approval process
would allow, and that an approval process similar to those adopted for
recent SFARs may be instituted for SFAR No. 107, Sec.  91.1613, while
still addressing the risks to U.S. civil aviation in the territory and
airspace of Somalia below FL260. The FAA is also

clarifying its expectations regarding requests for approval and
revising the approval conditions that will apply to operations
authorized by other U.S. Government departments, agencies, and
instrumentalities and approved by the FAA to streamline the approval
conditions along the lines of the approval conditions contained in
recent flight prohibition SFARs and to reflect the termination of
statutory authorization for the FAA premium war risk insurance program.
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. The FAA is also specifying special
requirements for petitions for exemption from SFAR No. 107, Sec.
91.1613.
    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.

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

    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. 107, Sec.  91.1613, including a U.S. air carrier or a
U.S. commercial operator, to conduct a charter to transport civilian or
military passengers or cargo or other operations in the territory and
airspace of Somalia below FL260, that department, agency, or
instrumentality may request that the FAA approve persons covered under
SFAR No. 107, Sec.  91.1613, to conduct such operations. An approval
request must be made directly by the requesting department, agency or
instrumentality of the U.S. Government to the FAA's Associate
Administrator for Aviation Safety (AVS-1) in a letter signed by an
appropriate senior official of the requesting department, agency, or
instrumentality. Requests for approval submitted to the FAA by anyone
other than the requesting department, agency, or instrumentality will
not be accepted and will not be processed. In addition, the senior
official signing the letter requesting FAA approval on behalf of the
requesting department, agency, or instrumentality must be sufficiently
highly placed within his or her organization to demonstrate that the
senior leadership of the requesting department, agency, or
instrumentality supports the request for approval and is committed to
taking all necessary steps to minimize operational risks to the
proposed flights. The senior official must also be in a position to:
(1) Attest to the accuracy of all representations made to the FAA in
the request for approval and (2) ensure that any support from the
requesting U.S. government department, agency, or instrumentality
described in the request for approval is in fact brought to bear and is
maintained over time. Unless justified by exigent circumstances,
requests for approval must be submitted to the FAA no less than 30
calendar days before the date on which the requesting department,
agency, or instrumentality wishes the proposed operations, if approved
by the FAA, to commence.
    The letter must be sent by the requesting department, agency, or
instrumentality 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. 107, Sec.  91.1613, and/or for multiple flight operations. To the
extent known, the letter must identify the person(s) 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
territory and airspace of Somalia below FL260 where the proposed
operation(s) will be conducted, including, but not limited to, the
flight path and altitude of the aircraft while it is operating in the
territory and airspace of Somalia at altitudes below FL260 and the
airports, airfields and/or landing zones at which the aircraft will
take-off and land; and
     The method by which the department, agency, or
instrumentality will provide, or how the operator will otherwise
obtain, current threat information and an explanation of how the
operator will integrate this information into all phases of the
proposed operations (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 with whom its prime contractor has a
subcontract(s)) for specific flight operations in the territory and
airspace of Somalia at altitudes below FL260. Additional operators may
be identified to the FAA at any time after the FAA approval is issued.
However, all additional operators must be identified to, and obtain an
Operations Specification (OpSpec) or Letter of Authorization (LOA), as
appropriate, from, the FAA for operations in the territory and airspace
of Somalia at altitudes below FL260 before such operators commence such
operations. The revised approval conditions discussed below will apply
to any such additional operators. Updated lists should be sent to the
email address to be obtained from the Air Transportation Division by
calling<PHONE_NUMBER>.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Michael Filippell for
instructions on submitting it to the FAA. His contact information is
listed in the For Further Information Contact section of this final
rule.
    FAA approval of an operation under SFAR No. 107, Sec.  91.1613,
does not relieve persons subject to this SFAR of their responsibility
to comply with all applicable FAA rules and regulations. Operators of
civil aircraft must also comply with the conditions of their
certificate, OpSpecs, and LOAs, as applicable. Operators must further
comply with all rules and regulations of other U.S. Government
departments and agencies that may apply to the proposed operations,
including, but not limited to, the Transportation Security Regulations
issued by the Transportation Security Administration, Department of
Homeland Security.

Revised Approval Conditions

    If 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 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; and
    (b) the operator's agreement to indemnify the U.S. Government with
respect to any and all third-party damages, claims, and liabilities,
including without limitation legal fees and expenses, relating to any
event arising from or related to the approved operations in the
territory and airspace of Somalia below FL260.
    (3) Other conditions that the FAA may specify, including those that
may be imposed in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator
from raising a claim under an applicable non-premium war risk insurance
policy issued by the FAA under chapter 443 of title 49, United States
Code.
    If the proposed operation or operations are approved, the FAA will
issue an OpSpec or an LOA, as applicable, to the operator authorizing
the operation or operations, and will notify the department, agency, or
instrumentality that requested the FAA's approval 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 this SFAR
No. 107, Sec.  91.1613 (formerly paragraph 1 of SFAR No. 107), on whose
behalf the department, agency, or instrumentality requests FAA
approval.

VI. Requests for Exemption

    Any operations not conducted under an approval issued by the FAA
through the approval process set forth previously must be conducted
under an exemption from SFAR No. 107, Sec.  91.1613. A request by any
person covered under SFAR No. 107, Sec.  91.1613, 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, at a minimum, the
requestor must describe in its submission to the FAA--
     The proposed operation(s), including the nature of the
operation;
     The service to be provided by the person(s) covered by the
SFAR;
     The specific locations in the territory and airspace of
Somalia below FL260 where the proposed operation(s) will be conducted,
including, but not limited to, the flight path and altitude of the
aircraft while it is operating in the territory and airspace of Somalia
below FL260 and the airports, airfields and/or landing zones at which
the aircraft will take-off and land; 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 that may be
issued under SFAR No. 107, Sec.  91.1613.
    The FAA recognizes that operations that may be affected by SFAR No.
107, Sec.  91.1613, 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.

VII. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 13563 direct that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354),
as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (Pub. L. 96-39), as amended, 19 U.S.C. Chapter 13,
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Agreements Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    In conducting these analyses, FAA has determined that 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 will not have a
significant economic impact on a substantial number of small entities,
will not create unnecessary obstacles to the foreign commerce of the
United States, and will not impose an unfunded mandate on State, local,
or tribal governments, or on the private sector by exceeding the
threshold identified above.
    Department of Transportation Order 2100.5 prescribes policies and
procedures for simplification, analysis, and review of regulations. If
the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits a statement to
that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
    Due to the significant hazards to U.S. civil aviation described in
the Background section of this rule, this rule incorporates into SFAR
No. 107, Sec.  91.1613, the prohibition of U.S. civil flights in the
territory and airspace of Somalia at altitudes below FL260 issued by
the FAA in NOTAM FDC 5/0120 on May 12, 2015, and continued in KICZ
NOTAM A0031/15, which was issued on November 25, 2015. Before the FAA
issued the May 12, 2015, NOTAM, the FAA prohibited U.S. civil flights
in the territory and airspace of Somalia below FL200, rather than below
FL260. However, flights departing from countries adjacent to Somalia
whose

climb performance would not permit operation above FL200 prior to
entering Somali airspace were permitted to operate at altitudes below
FL200 within Somalia to the extent necessary to permit a climb above
FL200, subject to the approval of, and in accordance with the
conditions established by, the appropriate authorities of Somalia.
    The fuel and time costs associated with increasing altitude from
FL200 to FL260 before overflying Somalia are minimal per flight. Also
minimal per flight are the fuel and time costs for persons subject to
SFAR No. 107, Sec.  91.1613, departing from countries adjacent to
Somalia (Kenya, Ethiopia, Djibouti, and Yemen), who are now required to
be at altitudes at or above FL260 when entering Somali airspace. In
addition, given the current hazards to U.S. civil aviation outlined in
the Background section of this rule, the FAA believes there are very
few U.S. operators who wish to overfly Somalia at altitudes below
FL260. Consequently, the FAA estimates the costs of this rule to be
minimal. These minimal costs are exceeded by the significant benefits
of avoided deaths or property damage that would result from a U.S.
operator's aircraft being shot down (or otherwise damaged) due to the
hazards (described in the Background section of this final rule) to
U.S. civil aviation in the territory and airspace of Somalia below
FL260.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
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.
    While there are a substantial number of United States operators who
are small entities, the number of affected flights is expected to be
few, and the required change in flight path and altitude would result
in minimal additional time and operating expense. Therefore, as
provided in section 605(b), the head of the FAA certifies that this
rulemaking will not result in a significant economic impact on a
substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), 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 has assessed the effect of this final rule and determined
that its purpose is to protect the safety of U.S. civil aviation from a
hazard outside the U.S. Therefore, the rule is in compliance with the
Trade Agreements Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155.0 million in lieu of $100
million.
    This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this immediately adopted final rule.

F. International Compatibility and Cooperation

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

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f of this order and involves no
extraordinary circumstances.
    The FAA has reviewed the implementation of this SFAR and determined
it is categorically excluded from further environmental review
according to FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.6f. The FAA has examined possible
extraordinary circumstances and determined that no such circumstances
exist. After careful and thorough consideration of the action, the FAA
finds that this Federal action does not require preparation of an
Environmental Assessment or Environmental Impact Statement in
accordance with the requirements of NEPA, Council on Environmental
Quality (CEQ) regulations, and FAA Order 1050.1F.

VI. 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 would not have a substantial
direct effect on the States, or the relationship between the Federal
Government and the States,

or on the distribution of power and responsibilities among the various
levels of government, and, therefore, would not have Federalism
implications.

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

    The FAA analyzed this 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 would not be a ``significant
energy action'' under the executive order and would not be likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, (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.

VII. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies or
     Accessing the Government Publishing Office's Web page at
http://www.fdsys.gov.
    Copies may also be obtained by sending a request (identified by
amendment or docket number of this rulemaking) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Please
identify the docket or amendment number of this rulemaking in your
request.
    Except for classified material, all documents the FAA considered in
developing this rule, including economic analyses and technical
reports, may be accessed from the Internet through the Federal
eRulemaking Portal referenced above.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) 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 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, Somalia.

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).

Special Federal Aviation Regulation No. 107--[Removed]

0
2. Remove Special Federal Aviation Regulation No. 107 from part 91.

0
3. Add Sec.  91.1613 to subpart M to read as follows:

Sec.  91.1613  Special Federal Aviation Regulation No. 107--Prohibition
Against Certain Flights in the Territory and Airspace of Somalia.

    (a) Applicability. This Special Federal Aviation Regulation (SFAR)
applies to the following persons:
    (1) All U.S. air carriers and U.S. commercial operators;
    (2) All persons exercising the privileges of an airman certificate
issued by the FAA, except when such persons are operating U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except where
the operator of such aircraft is a foreign air carrier.
    (b) Flight prohibition. Except as provided in paragraphs (c) and
(d) of this section, no person described in paragraph (a) of this
section may conduct flight operations in the territory and airspace of
Somalia at altitudes below Flight Level (FL) 260. Overflights of
Somalia may be conducted at or above FL260 subject to the approval of,
and in accordance with the conditions established by, the appropriate
authorities of Somalia.
    (c) Permitted operations. This section does not prohibit persons
described in paragraph (a) of this section from conducting flight
operations in the territory and airspace of Somalia at altitudes below
FL260, provided that such flight operations are conducted under a
contract, grant, or cooperative agreement with a department, agency, or
instrumentality of the U.S. government (or under a subcontract between
the prime contractor of the department, agency, or instrumentality, and
the person described in paragraph (a) of this section) with the
approval of the FAA or under an exemption issued by the FAA. The FAA
will 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 14 CFR part 119, 121, 125, or
135, each person who deviates from this section must, within 10 days of
the deviation, excluding Saturdays, Sundays, and Federal 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 January 7,
2018. 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), 40101(d)(1),

40105(b)(1)(A), and 44701(a)(5), on December 23, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-33257 Filed 1-6-16; 8:45 am]
 BILLING CODE 4910-13-P