[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57738-57739]
[FR Doc No: 2021-22615]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0191]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Loomis Armored US, LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The FMCSA announces its decision to grant the request
submitted by Loomis Armored US, LLC (Loomis) for a limited 5-year
exemption to allow Loomis to weld shut the cab doors and add two new
doors behind the cab of its armored vehicles. The Agency has determined
that granting the exemption is likely to provide a level of safety
equivalent to, or greater than, the level of safety achieved without
the exemption.

DATES: This exemption is effective October 18, 2021 and ending October
13, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Dockets Operations, Room W12-140 on the ground level of the West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Loomis' Application for Exemption

    Section 393.203(a) of the FMCSRs requires that (1) cab compartment
doors or door parts used as an entrance or exit shall not be missing or
broken; (2) doors shall not sag so that they cannot be properly opened
or closed; and (3) no door shall be wired shut or otherwise secured in
the closed position so that it cannot be readily opened.
    Exception: When the vehicle is loaded with pipe or bar stock that
blocks the door and the cab has a roof exit.
    Loomis has applied for an exemption from section 393.203(a) to
allow the cab doors on its specialized armored vehicles to be welded
shut, given the addition of two new doors behind the cab. A copy of the
application is included in the docket referenced at the beginning of
this notice. In its application, Loomis states that it introduced a
type of armored vehicle that allows a reduced number of employees
safely to handle cash and other valuables. The vehicles utilize a new
proprietary security technology that required the installation of cab
doors different from those provided by the original equipment
manufacturer (OEM). In order to maintain the safety of Loomis personnel
and valuable goods, as well as to enter and exit the vehicle, the cab
doors were welded shut, and two new doors were installed behind the
cab.
    To enter the armored vehicles, the employee uses the newly
installed trap compartment door. This door is equipped with biometric
technology which is accessible only to authorized personnel. In case of
a loss of power, the biometric technology has proprietary safety
features and overrides that can be used to access the vehicle. To exit
the vehicle, the employee uses the trap compartment door or the escape
hatch door. Loomis states that it tested these vehicles to ensure
operator security and determined that vehicle safety was not
compromised. Loomis states that it trains employees on the use and
operation of these armored vehicles. Loomis believes that welding shut
the cab doors and adding two new doors behind the cab will maintain a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption, while allowing secure armored
vehicle operations with reduced staff.

Comments

    FMCSA published a notice of the application in the Federal Register
on April 7, 2021 and asked for public comment (86 FR 18111). The Agency
received comments from two individuals.
    Both commenters stated that during a crash, it would be very
difficult for first responders to access the personnel inside the
armored vehicle if the cab doors are welded shut and the two new doors
behind the behind the cab are secured.

FMCSA Decision

    The FMCSA has evaluated the Loomis exemption application and the
comments received. The Agency believes that granting the temporary
exemption to allow Loomis armored vehicles to weld shut the cab doors
and add two new doors behind the cab is likely to provide a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
    Loomis requested an exemption from section 393.203(a) to allow it
to weld shut the cab doors (i.e., the door to the left of the driver's
seat and the door to

the right of the front passenger's seat) and rely upon two high
security doors behind the cab. Because of the nature of Loomis's
business, this is done to provide higher security against attempted
robberies and other offenses.
     The new doors provide personnel with an ability to quickly exit
the armored car with an ``emergency escape hatch'' to the rear of the
driver's seat and a ``messenger exterior door'' to the rear of the
front passenger seat. In addition, Loomis stated that it has evaluated
the impact of the new doors and determined that neither vehicle safety
nor operator security was compromised. Loomis stated that it trains
employees in the use and operation of its armored vehicles.
    FMCSA acknowledges the concern of commenters that during a crash it
would be difficult for first responders to access the personnel inside
the armored vehicle if the cab doors are welded shut and the entry door
is secured. The Agency believes first responders would also face
difficulties with standard doors, given that an armored vehicle is
designed to protect the occupants and cash or other valuables from
unauthorized entry. FMCSA believes that the doors to the rear of the
cab provide an equivalent means of evacuating the vehicle and for first
responders to provide assistance after a crash, with the understanding
that the emergency response team would likely have the tools necessary
to gain access in the event the occupants were incapacitated.
Therefore, the Agency has determined that granting the exemption is
likely to provide a level of safety equivalent to, or greater than, the
level of safety achieved without the exemption.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning October 18, 2021 and ending October 13, 2026. During the
temporary exemption period, approximately 500 Loomis armored vehicles
will be allowed to weld shut the OEM doors given the addition of the
emergency escape hatch to the rear of the driver's seat, and the
messenger exterior door to the rear of the front passenger's seat.
Specifically, the exemption will allow Loomis to weld shut the cab
doors and install two new high security doors behind the cab.
    The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Loomis armored vehicles
fail to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
    Interested parties possessing information that would demonstrate
that Loomis armored vehicles subject to this exemption are not
achieving the requisite statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any such information and, if
safety is being compromised or if the continuation of the exemption is
not consistent with 49 U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.

Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-22615 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Proposed Rules]
[Pages 40161-40164]
[FR Doc No: 2018-17405]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0538; Product Identifier 2012-NE-47-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2017-03-
02, which applies to certain Rolls-Royce plc (RR) RB211 Trent 768-60,
772-60, and 772B-60 turbofan engines. AD 2017-03-02 requires initial
and repetitive ultrasonic inspections (UIs) of the affected low-
pressure (LP) compressor blades. Since we issued AD 2017-03-02, RR
issued revised service information to reduce the inspection threshold
for UIs of the affected blades. This proposed AD would retain the UIs
in AD 2017-03-02 while reducing the inspection threshold. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 28,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Rolls-
Royce plc, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-
242424; fax: 011-44-1332-249936, or email: http://www.rolls-royce.com/contact/civil_team.jsp. You may view this service information at the
FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0538; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the mandatory continuing airworthiness information (MCAI),
the regulatory evaluation, any comments received, and other
information. The address for Docket Operations (phone:<PHONE_NUMBER>) is
listed above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Kevin M. Clark, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7088; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the

ADDRESSES section. Include ``Docket No. FAA-2018-0538; Product
Identifier 2012-NE-47-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued AD 2017-03-02, Amendment 39-18793 (82 FR 10701, February
15, 2017), (``AD 2017-03-02''), for certain RR RB211 Trent 768-60, 772-
60, and 772B-60 turbofan engines with LP compressor blade, part number
(P/N) FK23411, FK25441, FK25968, FW11901, FW15393, FW23643, FW23741,
FW23744, KH23403, or KH23404, installed. AD 2017-03-02 requires the UIs
of the affected LP compressor blades. AD 2017-03-02 resulted from
revised service information to reduce the inspection threshold of the
UI for the LP compressor blades. We issued AD 2017-03-02 to correct the
unsafe condition on these products.

Actions Since AD 2017-03-02 Was Issued

    Since we issued AD 2017-03-02, further analysis determined that the
initial and repetitive inspection threshold described in Revision 3 of
Rolls-Royce Alert Non-Modification Service Bulletin (NMSB) RB.211-72-
AH465 must be further reduced from 2,400 cycles to 1,200 cycles.
Therefore, RR issued Revision 4 of Alert NMSB RB.211-72-AH465, dated
October 3, 2017. Also, since we issued AD 2017-03-02, the European
Aviation Safety Agency (EASA) issued AD 2017-0241, dated December 6,
2017, which requires ultrasonic inspection of each affected LP
compressor blade within the compliance time specified in Section 1.D.
of RR Alert NMSB RB.211-72-AH465.

Related Service Information Under 1 CFR Part 51

    We reviewed Rolls-Royce Alert NMSB RB.211-72-AH465, Revision 4,
dated October 3, 2017. The Alert NMSB describes procedures for
performing initial and repetitive UI of the LP compressor blades. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    We also reviewed the following service information: RR NMSB RB.211-
72-G702, dated May 23, 2011; RR NMSB RB.211-72-G872, Revision 2, dated
March 8, 2013, or earlier revisions; RR NMSB RB.211-72-H311, dated
March 8, 2013; RR Engine Manual E-Trent-1RR, Task 72-31-11-200-806; or
Airbus A330 Aircraft Maintenance Manual (AMM), Tasks 72-31-41-270-801
or 72-31-41-270-802. These service documents describe the inspection
procedures for the UI of the Trent 700 LP compressor blades.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2017-03-02.
This proposed AD would reduce the inspection threshold for UI of the LP
compressor blades from 2,400 cycles to 1,200 cycles. This proposed AD
would also require accomplishing the actions specified in the service
information described previously.

Differences Between the Proposed AD and the MCAI or Service Information

    The compliance time of this proposed AD differs from EASA AD 2017-
0241 in that, for blades with 2,400 cycles since new or cycles since
last inspection on the effective date of this AD, this AD requires
inspection within 30 days after the effective date of this AD. EASA AD
2017-0241 specifies that all blades must be inspected before
accumulating 2,400 cycles.

Costs of Compliance

    We estimate that this proposed AD affects 56 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  44 work-hours x $85 per                  $0          $3,740        $209,440
                                      hour = $3,740.
----------------------------------------------------------------------------------------------------------------

    This proposed AD provides updated labor cost for completing the UI
of the LP compressor blades as a correction to AD 2017-03-02.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the

national Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2017-03-02, Amendment 39-18793 (82 FR 10701, February 15, 2017), and
adding the following new AD:

Rolls-Royce plc: Docket No. FAA-2018-0538; Product Identifier 2012-
NE-47-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 28,
2018.

(b) Affected ADs

    This AD replaces AD 2017-03-02, Amendment 39-18793 (82 FR 10701,
February 15, 2017).

(c) Applicability

    This AD applies to Rolls-Royce plc (RR) RB211 Trent 768-60, 772-
60, and 772B-60 turbofan engines with low-pressure (LP) compressor
blade, part number (P/N) FK23411, FK25441, FK25968, FW11901,
FW15393, FW23643, FW23741, FW23744, KH23403, or KH23404, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by LP compressor blade partial airfoil
release events that occurred in-service on RR Trent 700 engines.
While released sections were contained in each case, projection of
secondary debris and effects could present a potential hazard. We
are issuing this AD to prevent LP compressor blade airfoil
separation. The unsafe condition, if not addressed, could result in
damage to the engine and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) After the effective date of this AD, perform an ultrasonic
inspection (UI) of each LP compressor blade within the compliance
time specified in Figure 1 to paragraph (g) of this AD, and
thereafter at intervals not to exceed 1,200 cycles since last
inspection (CSLI).
    (2) Use the Accomplishment Instructions, paragraph 3, excluding
subparagraphs 3.C.(2)(b), 3.D.(2), and 3.G.(1), of RR Alert Non-
Modification Service Bulletin (NMSB) RB.211-72-AH465, Revision 4,
dated October 3, 2017, to perform the inspections required by this
AD.
[GRAPHIC] [TIFF OMITTED] TP14AU18.001

    (3) If an LP compressor blade fails the inspection required by
this AD, replace the blade with a part eligible for installation,
prior to return to service.

(h) Parts Installation

    After the effective date of this AD, LP compressor blade, P/N
FK23411, FK25441, FK25968, FW11901, FW15393, FW23643, FW23741,
FW23744, KH23403, or KH23404, is eligible for installation if the LP
compressor blade has not exceeded 1,200 CSN or CSLI.

(i) Credit for Previous Actions

    You may take credit for the UIs required by paragraph (g) of
this AD, if you performed the UIs before the effective date of this
AD using the following service information: RR NMSB RB.211-72-AH465,
Revision 3, dated April 27, 2017, or earlier revisions; RR NMSB
RB.211-72-G702, dated May 23, 2011; RR NMSB RB.211-72-G872, Revision
2, dated March 8, 2013, or earlier revisions; RR NMSB RB.211-72-
H311, dated March 8, 2013; RR Engine Manual E-Trent-1RR, Task 72-31-
11-200-806; or Airbus A330 Aircraft Maintenance Manual (AMM), Tasks
72-31-41-270-801 or 72-31-41-270-802.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k)(1) of this AD. You may email your
request to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local Flight Standards District Office/Certificate Holding
District Office.

(k) Related Information

    (1) For more information about this AD, contact Kevin M. Clark,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (2) For service information identified in this AD, contact
Rolls-Royce plc, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-
44-1332-242424; fax: 011-44-1332-249936, or email: http://www.rolls-royce.com/contact/civil_team.jsp. You may view this referenced
service information at the FAA, Engine and Propeller Standards
Branch, 1200 District Avenue, Burlington, MA 01803. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on August 9, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-17405 Filed 8-13-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 26, 2007 (Volume 72, Number 37)]
[Notices]
[Page 8367]
[DOCID:fr26fe07-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-34-000]

Entergy Gulf States, Inc.; Notice of Petition for Declaratory
Order

February 15, 2007.

    Take notice that on January 24, 2007, Entergy Gulf States, Inc.
(EGSI) submitted a petition requesting that the Commission issue a
declaratory order finding that the payment of one or more dividends out
of paid-in capital by EGSI to its parent, Entergy Corporation, under
the facts and circumstances described in the petition, will not violate
Section 305(a) of the Federal Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 2, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3190 Filed 2-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Rules and Regulations]
[Pages 54521-54525]
[FR Doc No: 2018-23633]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R08-RCRA-2018-0084; FRL-9982-08-Region 8]

North Dakota: Authorization of State Hazardous Waste Management
Program Revisions and Incorporation by Reference of Approved State
Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting final
authorization to the hazardous waste program revisions submitted by
North Dakota on September 20, 2016 and March 24, 2017. The EPA
published a proposed rule on June 5, 2018, and provided for public
comment. The comment period ended on July 5, 2018. No comments were
received for this rulemaking. No further opportunity for comment will
be provided. This final rule also codifies and incorporates by
reference the authorized provisions of the North Dakota regulations in
the Code of Federal Regulations.

DATES: This final rule is effective on October 30, 2018. The
incorporation by reference of authorized provisions in the North Dakota
regulations contained in this rule is approved by the Director of the
Federal Register as of October 30, 2018, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-RCRA-2018-0084. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 electronically through http://www.regulations.gov or in hard copy at: EPA Region 8, from 8:00 a.m. to
4:00 p.m., 1595 Wynkoop Street, Denver, Colorado 80202-1129, contact:
Moye Lin, phone number<PHONE_NUMBER>, or the North Dakota Department
of Health (NDDH) from 9:00 a.m. to 4:00 p.m., 918 East Divide Avenue,
3rd Floor, Bismarck, North Dakota 58501-1947, phone number (701) 328-
5166. The public is advised to call in advance to verify business
hours.

FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and
Recovery Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado
80202-1129; phone number<PHONE_NUMBER>; Email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authorization of Revisions to North Dakota's Hazardous Waste Program
and Clarification

    North Dakota submitted a final complete program revision
application on September 20, 2016, and March 24, 2017, seeking
authorization of their changes in accordance with 40 CFR 271.21. We now
make a final decision that North Dakota's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. For a list of rules that become effective with
this final rule, please see the proposed rule published in the June 5,
2018 Federal Register at 83 FR 25986. The EPA is making one
clarification to the proposed rule with respect to the impact of the
vacatur of certain provisions of the Revisions to the Definition of
Solid Waste (DSW) Rule published on January 13, 2015 (80 FR 1694), by
the U.S. Court of Appeals for the District of Columbia Circuit, Am.
Petroleum Inst. v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum
Inst. v. EPA, No. 09-1038 (D.C. Cir. Mar. 6, 2018). On May 30, 2018 (83
FR 24664; Response to Vacatur of Certain Provisions of the Definition
of Solid Waste Rule), the EPA published a final which determined that
for states such as North Dakota that had adopted the 2015 DSW rule,
those state provisions will be considered broader in scope than the
federal program as it pertains to the specific vacated provisions.

II. Incorporation by Reference

    In the proposed rule published on June 5, 2018 (83 FR 25986), the
EPA also proposed to codify the EPA's authorization of North Dakota's
base hazardous waste management program and the state's revisions to
that program. In this action, the EPA is amending 40 CFR 272.1751 to
incorporate by reference North Dakota's authorized hazardous waste
statutes and regulations. In accordance with the requirements of 1 CFR
51.5, the EPA is incorporating by reference North Dakota's authorized
hazardous waste statutes and regulations as described in Section I,
above. The EPA has made, and will continue to make, these materials
generally available electronically through http://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information). Copies of the
regulations that are incorporated by reference are also available from
the North Dakota Department of Health (NDDH) from 9:00 a.m. to 4:00
p.m., 918 East Divide Avenue, 3rd Floor, Bismarck, North Dakota 58501-
1947, phone number<PHONE_NUMBER>. The public is advised to call in
advance to verify business hours.
    Section 272.1751 also references material which is not being
incorporated by reference, but which the EPA considered in determining
the adequacy of North Dakota's program. Section 272.1751(c)(2)
references the demonstration of adequate authority, including
procedural and enforcement provisions, which provides the legal basis
for the state's implementation of the hazardous waste management
program. In addition, Sec.  272.1751(c)(5), (c)(6), and (c)(7)
reference the Memorandum of Agreement, the Attorney General's
Statements, and the Program Description, respectively. These documents
are evaluated as part of the approval process of the hazardous waste
management program in accordance with subtitle C of RCRA but are not
part of the material to be incorporated by reference. The public is
reminded that some provisions of North Dakota's hazardous waste program
are not part of the federally-authorized state program. These non-
authorized provisions include:
    1. Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    2. Federal rules for which North Dakota is not authorized, but
which have been incorporated into the state regulations because of the
way the state adopted federal regulations by reference;
    3. State procedural and enforcement authorities which are necessary
to establish the ability of the state's program to enforce compliance,
but which do not supplant the federal statutory enforcement and
procedural authorities.
    4. Federal rules which North Dakota adopted, but which were vacated
by the U.S. Court of Appeals for the District of Columbia Circuit (D.C.
Cir. No. 09-1038, rulings dated July 7, 2017, and March 6, 2018).
    State provisions that are ``broader in scope'' than the federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, the EPA lists in 40 CFR 272.1751(c)(3) the North
Dakota statutory provisions that are ``broader in scope'' than the
federal program, and which are not part of the authorized program being
incorporated by reference. While ``broader in scope'' provisions are
not part of the authorized program and cannot be enforced by the EPA,
the state may enforce such provisions under state law.
    North Dakota has adopted, but is not authorized for, the federal
rules published in the Federal Register on April 12, 1996 (61 FR
16290); October 22, 1998 (63 FR 56710), and January 8, 2010 (75 FR
1235). Therefore, these federal amendments included in North Dakota's
adoption by reference at section 33-24-06-16.5 of the North Dakota
Administrative Code, are not part of the state's authorized program and
are not part of the incorporation by reference. The June 5, 2018
proposed rule provides details about state provisions which are not
part of this amendment to the CFR, as well as the effect of North
Dakota's codification on enforcement and on federal requirements
promulgated under the Hazardous and Solid Waste Amendments of 1984
(HSWA).

III. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action
authorizes and codifies state requirements for the purpose of RCRA
section 3006 and imposes no additional requirements beyond those
imposed by state law. Therefore, this action is not subject to review
by OMB. This action is not subject to Executive Order 13771 (82 FR
9339, February 3, 2017) because today's authorization and codification
of North Dakota's revised hazardous waste program under RCRA is
exempted under Executive Order 12866. Accordingly, I certify that this
action will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this action authorizes and codifies pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531-1538). For the same reason, this action also does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the states, on
the relationship between the national

government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes and codifies state requirements as part of the state
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA.
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this action, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the action in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes and
codifies pre-existing state rules which are at least equivalent to, and
no less stringent than existing federal requirements, and imposes no
additional requirements beyond those imposed by state law, and there
are no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule to each
House of the Congress and to the Comptroller General of the United
States. The EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective October 30, 2018.

List of Subjects

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

40 CFR Part 272

    Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.

    Authority:  This rule is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: October 24, 2018
Douglas Benevento,
Regional Administrator, EPA Region 8.
    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final
authorization under part 271 to the State of North Dakota for revisions
to its hazardous waste program under the Resource Conservation and
Recovery Act and is amending 40 CFR part 272 as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).

0
2. Revise Sec.  272.1751 to read as follows:

Sec.  272.1751  North Dakota State-administered program: Final
authorization.

    (a) History of the State of North Dakota authorization. Pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), North Dakota has final
authorization for the following elements as submitted to the EPA in
North Dakota's base program application for final authorization which
was approved by the EPA effective on October 19, 1984. Subsequent
program revision applications were approved effective on August 24,
1990, July 6, 1992, June 6, 1994, March 20, 2000, November 25, 2005,
April 14, 2008, and October 30, 2018.
    (b) Enforcement authority. The State of North Dakota has primary
responsibility for enforcing its hazardous waste management program.
However, the EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the state has taken its own actions, as well as in accordance with
other statutory and regulatory provisions.
    (c) State Statutes and Regulations--(1) Incorporation by reference.
The North Dakota statutes and regulations cited in paragraph (c)(1)(i)
of this section are incorporated by reference as part of the hazardous
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et
seq. This incorporation by reference is approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
You may obtain copies of the North Dakota regulations that are
incorporated by reference in this paragraph from the North Dakota
Legislative Council, Second Floor, State Capitol, 600 E Boulevard
Avenue, Bismarck, North Dakota 58505, phone<PHONE_NUMBER>. You may
inspect a copy at EPA Region 8, 1595 Wynkoop Street,

Denver, Colorado, phone number<PHONE_NUMBER>, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http:/www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved North Dakota Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program,'' dated April 2018.
    (ii) [Reserved]
    (2) Legal basis. The EPA considered the following statutes and
regulations in evaluating the state program but is not incorporating
them herein for enforcement purposes:
    (i) North Dakota Century Code (NDCC), Volume 13A, 2012 Replacement,
North Dakota Constitution, Article XI: Sections 5 and 6.
    (ii) North Dakota Century Code, Volume 4A, 2012 Replacement.
Chapter 23-01 ``State Department of Health,'' Section 23-01-04.1;
Chapter 23-20.3 ``Hazardous Waste Management,'' Sections 23-20.3-01,
23-20.3-02 introductory paragraph, (2), (3) through (8), (10), (13)
through (16), and (18); 23-20.3-03; 23-20.3-04; 23-20.3-05(3), (5),
(6), and (8); 23-20.3-06 through 23-20.3-10; and Chapter 23-29 ``Solid
Waste Management and Land Protection,'' Section 23-29-04.
    (iii) North Dakota Century Code, Volume 4A, 2015 Pocket Supplement.
Chapter 23-01 ``State Department of Health,'' Section 23-01-36.
    (iv) North Dakota Century Code, Volume 5, 2012 Replacement. Chapter
28-32 ``Administrative Agencies Practice Act,'' Section 28-32-21.1
``Actions against administrative agencies--Attorney's fees and costs.''
    (v) North Dakota Century Code, Volume 6, 2012 Replacement. Chapter
32-40 ``Environmental Law Enforcement,'' Sections 32-40-03 through 32-
40-11.
    (vi) North Dakota Century Code, Volume 9A, 2012 Replacement, as
amended by the 2015 Pocket Supplement. Chapter 44-04 ``Duties, records
and meetings,'' Sections 44-04-18 through 19.1.
    (vii) North Dakota Administrative Code (NDAC), Article 33-24,
Hazardous Waste Management, as amended through January 1, 2016.
Sections 33-24-01-15; 33-24-01-16; 33-24-06-05, except .2.c; 33-24-06-
06.2; 33-24-06-09; 33-24-06-15.1.6 through .3.b; 33-24-07-03.4; 33-24-
07-04 through 33-24-07-14; 33-24-07-25 through 33-24-07-27; and 33-24-
07-40 through 33-24-07-54.
    (3) Related legal provisions. The following statutory and
regulatory provisions are broader in scope than the federal program,
are not part of the authorized program, are not incorporated by
reference, and are not federally enforceable:
    (i) North Dakota Century Code, 2012 Replacement, Volume 4A, Chapter
23-01 ``State Department of Health,'' Section 23-01-04.1(6).
    (ii) North Dakota Century Code, Volume 4A, 2012 Replacement.
Chapter 23-20.3 ``Hazardous Waste Management,'' Sections 23-20.3-02(1);
23-20.3-05.1; 23-20.3-05.2; and 23-20.3-05.3.
    (iii) North Dakota Administrative Code, Article 33-24, ``Hazardous
Waste Management,'' as amended through January 1, 2016, Sections 33-24-
01-09.4; 33-24-01-10.4; 33-24-01-19.1.d; 33-24-02-04.1.y; 33-24-03-
03.4; 33-24-04-02.3; 33-24-05-02 second sentence; 33-24-06-14.3.a(4);
and 33-24-06-21.
    (iv) North Dakota's hazardous waste regulations set forth
additional transporter requirements including permit requirements at
33-24-04-02. The transporter permit requirements are broader in scope
than the federal program.
    (4) Unauthorized State amendments and provisions. (i) North Dakota
has partially or fully adopted, but is not authorized to implement, the
federal rule published in the Federal Register on October 22, 1998,
titled Standards Applicable to Owners and Operators of Closed and
Closing Hazardous Waste Management Facilities: Post-Closure Permit
Requirement and Closure Process; Final Rule (HSWA/non-HSWA). The EPA
will continue to implement the federal HSWA requirements for which
North Dakota is not authorized until the state receives specific
authorization for those requirements.
    (ii) The following federal rules are not delegable to states. North
Dakota has adopted these provisions and left the authority to the EPA
for implementation and enforcement: Imports and Exports of Hazardous
Waste: Implementation of OECD Council Decision C(92)39 Concerning the
Control of Transfrontier Movements of Wastes Destined for Recovery
Operations, published April 12, 1996; and Revisions to the Requirements
for: Transboundary Shipments of Hazardous Wastes Between OECD Member
Countries, Export Shipments of Spent Lead-Acid Batteries, Submitting
Exception Reports for Export Shipments of Hazardous Wastes, and Imports
of Hazardous Wastes, published January 8, 2010.
    (iii) North Dakota has adopted the following federal provisions
from the Revisions to the Definition of Solid Waste Rule, published
January 13, 2015, which have since been vacated by the U.S. Court of
Appeals for the District of Columbia Circuit in Am. Petroleum Inst. v.
EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum Inst. v. EPA, No.
09-1038 (D.C. Cir. Mar. 6, 2018) (vacating both the Factor 4 Legitimacy
Test and the Verified Recycler Exclusion aspects of the 2015 DSW Rule):
One criterion in the determination of whether recycling is legitimate
at 40 CFR 260.43(a)(4); the verified recycler exclusion, which allowed
generators to send their hazardous secondary materials to certain
reclaimers at 40 CFR 261.4(a)(24); and the associated provisions at 40
CFR 260.30(d) and 260.31(d), which address the criteria in the variance
determination for exceptions to the classification of hazardous
secondary materials as a solid waste. As a result, those state
provisions will be considered broader in scope than the federal
program, as it pertains to the specific vacated provisions, and are
listed in Sec.  272.1751(c)(3)(iii) with the rest of North Dakota's
broader in scope regulatory provisions).
    (5) Memorandum of Agreement. The Memorandum of Agreement between
the EPA Region 8 and the State of North Dakota, signed by the
Environmental Health Section of the North Dakota Department of Health
on July 18, 2016, although not incorporated by reference, is referenced
as part of the authorized hazardous waste management program under
subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement:
Hazardous Waste Management Program'' signed by the Attorney General of
North Dakota on June 8, 1984, and revisions, supplements, and addenda
to that Statement dated February 22, 1989, February 11, 1984, October
13, 1999, April 23, 2004, August 19, 2004, and December 5, 2016,
although not incorporated by reference, are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other
materials submitted as supplements, although not incorporated by
reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by revising the listing for
``North Dakota'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

North Dakota

    (a) The statutory provisions include: North Dakota Century Code
(NDCC), Volume 4A, 2012 Replacement. Chapter 23-20.3 ``Hazardous
Waste Management,'' Sections 23-20.3-05(1), (2), (4), (7), and (9).
Copies of the North Dakota statutes that are incorporated by
reference are available from Matthew Bender & Company Inc., 701 E
Water Street, Charlottesville, VA 22902-5389, phone number: (800)
833-9844.
    (b) The regulatory provisions include: North Dakota
Administrative Code (NDAC), Article 33-24, as revised January 1,
2016, except reserved provisions.
    Chapter 33-24-01--General provisions: Sections 33-24-01-01
through 33-24-01-04, 33-24-01-05, except .2.k and .7.a; 33-24-01-06
through 33-24-01-09; 33-24-01-10, except .4.f; 33-24-01-11 through
33-24-01-14; 33-24-01-17; 33-24-01-18; and 33-24-01-19, except .1.d.
    Chapter 33-24-02--Identification and Listing of Hazardous Waste:
Sections 33-24-02-01 through 33-24-02-03; 33-24-02-04, except .1.y;
33-24-02-05; 33-24-02-06, except .1.e; 33-24-02-07 through 33-24-02-
10; 33-24-02-11, except the phrase ``or a miniflash continuously
closed cup tester, using the test method specified in American
Society for Testing and Material D6450-99 (incorporated by reference
in section 33-24-01-05)'' in paragraph .1.a; 33-24-02-12 through 33-
24-02-19; 33-24-02-25 through 33-24-02-27; 33-24-02-33 through 33-
24-02-42; 33-24-02-50 through 33-24-02-70; 33-24-02-120 through 33-
24-02-129; 33-24-02-170 through 33-24-02-175; 33-24-02-180 through
33-24-02-194; 33-24-02-200 through 33-24-02-209; and Appendices I,
IV, and V.
    Chapter 33-24-03--Standards for Generators: Sections 33-24-03-
01, except .4; 33-24-03-02; 33-24-03-03.1 and .2; 33-24-03-03.3
except the phrase ``and a transporter permit''; 33-24-03-04 through
33-24-03-24; 33-24-03-30; 33-24-03-40; 33-24-03-60 through 33-24-03-
77; and Appendix I.
    Chapter 33-24-04--Standards for Transporters: Sections 33-24-04-
01, except .4 and Note following paragraph .3.b; 33-24-04-02.1,
except the phrase ``, a transporter permit, and a registration
certificate''; 33-24-04-02.2, except the phrases ``and a
registration certificate, or a transporter permit,'' in the first
sentence, and ``and issue a registration certificate'' in the second
sentence; and 33-24-04-03 through 33-24-04-08.
    Chapter 33-24-05--Standards for Treatment, Storage, and Disposal
Facilities and for the Management of Specific Hazardous Waste and
Specific Types of Hazardous Waste Management Facilities: Sections
33-24-05-01; 33-24-05-02, except the second sentence; 33-24-05-03,
except 33-24-05-03.1; 33-24-05-04 through 33-24-05-10; 33-24-05-15
through 33-24-05-20; 33-24-05-26 through 33-24-05-31; 33-24-05-37;
33-24-05-38, except .1.c and .4; 33-24-05-39 through 33-24-05-44;
33-24-05-47 through 33-24-05-69; 33-24-05-74 through 33-24-05-81;
33-24-05-89 through 33-24-05-98; 33-24-05-103 through 33-24-05-115;
33-24-05-118 through 33-24-05-128; 33-24-05-130 through 33-24-05-
138; 33-24-05-144 through 33-24-05-151; 33-24-05-160 through 33-24-
05-170; 33-24-05-176 through 33-24-05-188; 33-24-05-201 through 33-
24-05-204; 33-24-05-230, except .2.c; 33-24-05-235, except .1/Table
entries (6) and (7); 33-24-05-250 through 33-24-05-253; 33-24-05-
256; 33-24-05-258; 33-24-05-265; 33-24-05-266; 33-24-05-270 through
33-24-05-281; 33-24-05-282, except .2; 33-24-05-283; 33-24-05-284.8
through .13; 33-24-05-285; 33-24-05-286; 33-24-05-288 through 33-24-
05-290; 33-24-05-300 through 33-24-05-303; 33-24-05-400 through 33-
24-05-406; 33-24-05-420 through 33-24-05-435; 33-24-05-450 through
33-24-05-460; 33-24-05-475 through 33-24-05-477; 33-24-05-501
through 33-24-05-506; 33-24-05-525 through 33-24-05-537; 33-24-05-
550 through 33-24-05-555; 33-24-05-600; 33-24-05-610 through 33-24-
05-612; 33-24-05-620 through 33-24-05-624; 33-24-05-630 through 33-
24-05-632; 33-24-05-640 through 33-24-05-647; 33-24-05-650 through
33-24-05-667; 33-24-05-670 through 33-24-05-675; 33-24-05-680; 33-
24-05-681; 33-24-05-701 through 33-24-05-705; 33-24-05-708 through
33-24-05-720; 33-24-05-730 through 33-24-05-740; 33-24-05-750
through 33-24-05-756; 33-24-05-760 through 33-24-05-762; 33-24-05-
770, except .4; 33-24-05-780; 33-24-05-781; 33-24-05-800 through 33-
24-05-802; 33-24-05-820 through 33-24-05-826; 33-24-05-850; 33-24-
05-855 through 33-24-05-857; 33-24-05-860; 33-24-05-865; 33-24-05-
866; 33-24-05-870; 33-24-05-875; 33-24-05-880; 33-24-05-885; 33-24-
05-890; 33-24-05-895 through 33-24-05-900; 33-24-05-905; 33-24-05-
910; 33-24-05-915; 33-24-05-916; 33-24-05-950; 33-24-05-951; 33-24-
05-960; 33-24-05-961; 33-24-05-963 through 33-24-05-968; 33-24-05-
980 through 33-24-05-986; 33-24-05-990 through 33-24-05-998; 33-24-
05-1010 through 33-24-05-1016; 33-24-05-1020; 33-24-05-1031; 33-24-
05-1040 through 33-24-05-1043; 33-24-05-1045 through 33-24-05-1047;
33-24-05-1060 through 33-24-05-1063; 33-24-05-1067; 33-24-05-1068;
33-24-05-1071; 33-24-05-1080 through 33-24-05-1087; 33-24-05-1100
through 33-24-05-1114; 33-24-05-1130 through 33-24-05-1138; and
Appendices I through VIII, X through XIII, XV through XXIV, and XXVI
through XXIX.
    Chapter 33-24-06--Permits: Sections 33-24-06-01; 33-24-06-02,
33-24-06-03, except Note following paragraph .1.a.(2); 33-24-06-04;
33-24-06-05.2.c; 33-24-06-06.1; 33-24-06-07; 33-24-06-08; 33-24-06-
10 through 33-24-06-13; 33-24-06-14, except .3.a.(4); 33-24-06-15
introductory paragraph through .1.a; 33-24-06-16.5 through .7; 33-
24-06-17 through 33-24-06-20; 33-24-06-30 through 33-24-06-35; 33-
24-06-45; 33-24-06-48; 33-24-06-52; 33-24-06-56; 33-24-06-57; 33-24-
06-62; 33-24-06-65; 33-24-06-70; 33-24-06-73; 33-24-06-76; 33-24-06-
80; 33-24-06-85; 33-24-06-100; and Appendix I to Section 33-24-06-
14.
    Chapter 33-24-07--Permitting Procedures: Sections 33-24-07-01;
33-24-07-02; and 33-24-07-03, except .4.
    Copies of the North Dakota regulations that are incorporated by
reference are available from North Dakota Legislative Counsel,
Second Floor, State Capitol, 600 East Boulevard Avenue, Bismarck,
North Dakota 58505, phone number:<PHONE_NUMBER>.
* * * * *
[FR Doc. 2018-23633 Filed 10-29-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Rules and Regulations]
[Pages 55372-55377]
[FR Doc No: 2020-19057]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2018-0838; Amdt. No. 91-352A]
RIN 2120-AL57

Extension of the Prohibition Against Certain Flights in the
Pyongyang Flight Information Region (FIR) (ZKKP)

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

ACTION: Final rule.

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SUMMARY: This action extends the Special Federal Aviation Regulation
(SFAR) prohibiting certain flight operations in the Pyongyang Flight
Information Region (FIR) (ZKKP) 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 significant, continuing hazards to U.S. civil aviation
associated with North Korean military capabilities and activities,
including unannounced North Korean missile launches and air defense
weapons systems. Additionally, the FAA republishes the approval process
and exemption information for this SFAR, consistent with other recently
published flight prohibition SFARs, and makes a minor administrative
change to the wording of the applicability paragraph of the SFAR for
consistency with other recently published flight prohibition SFARs.

DATES: This final rule is effective on September 8, 2020.

FOR FURTHER INFORMATION CONTACT: Dale E. Roberts, Air Transportation
Division, 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

    This action amends, by extending its expiration date, the
prohibition against certain flight operations in the Pyongyang FIR
(ZKKP) 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.
Specifically, this amendment extends the expiration date of SFAR No.
79, Sec.  91.1615 of title 14 Code of Federal Regulations (CFR) from
September 18, 2020, to September 18, 2023, due to the significant,
continuing hazards to the safety of U.S. civil aviation operations in
the Pyongyang FIR (ZKKP) associated with North Korean military
capabilities and activities, including unannounced North Korean missile
launches and air defense weapons systems, as described in the preamble
to this final rule. This action also republishes, with minor revisions,
the approval process and exemption information for this SFAR,
consistent with other recently published flight prohibition SFARs.
Finally, the FAA makes a minor administrative change to the wording of
the applicability paragraph of the SFAR for consistency with other
recently published flight prohibition SFARs.

II. Legal Authority and Good Cause

A. Legal Authority

    The FAA is responsible for the safety of flight in the U.S. and for
the safety of U.S. civil operators, U.S.-registered civil aircraft, and
U.S.-certificated airmen throughout the world. Sections 106(f) and (g)
of title 49, U.S. Code, 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 rulemaking 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. 79, Sec.  91.1615, from conducting flight operations in the
Pyongyang FIR (ZKKP) 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)(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 those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Section 553(d) also
authorizes agencies to forgo the delay in the effective date of the
final rule for good cause found and published with the rule. In this
instance, the FAA finds good cause exists to forgo notice and comment
because notice and comment would be impracticable and contrary to the
public interest. In addition, it is contrary to the public interest to
delay the effective date of this SFAR.
    The risk environment for U.S. civil aviation in airspace other
countries manage with respect to safety of flight is fluid due to the
risks posed by 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 or militant activity, or
heightened tensions. This fluidity and the need for the FAA to rely
upon

classified information in assessing these risks make issuing notice and
seeking comments impracticable and contrary to the public interest.
With respect to the impracticability of notice and comment procedures,
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 these rules and any amendments to them are
based upon classified information, the FAA is not legally permitted to
share such information with the general public, who cannot meaningfully
comment on information to which they are not legally allowed access.
    Under these conditions, public interest considerations favor not
providing notice and seeking comment for this rule. While there is a
public interest in having an opportunity for the public to comment on
agency action, there is a greater public interest in having 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 FAA has determined extending the flight prohibition for U.S.
civil aviation operations in the Pyongyang FIR (ZKKP) is necessary due
to continued safety-of-flight hazards associated with North Korean
military capabilities and activities, including unannounced North
Korean missile launches and air defense weapons systems. These hazards
continue to present significant risks to U.S. civil aviation operations
in the Pyongyang FIR (ZKKP), as described in the preamble to this rule.
Therefore, it is important the FAA's flight prohibition for U.S. civil
aviation operations in the Pyongyang FIR (ZKKP) continue without
interruption.
    Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.
    The continued level of risk also requires extension of the
expiration date of the rule for an additional three years.

III. Background

    Since 1997, the FAA has prohibited U.S. civil aviation operations
in the Pyongyang FIR (ZKKP), or portions thereof, and has issued
various advisory Notices to Airmen (NOTAMs) regarding the Pyongyang FIR
(ZKKP) and adjacent areas to warn U.S. civil aviation of hazards to
their operations.\1\ In 2014, North Korea initiated a ballistic missile
test program involving frequent unannounced missile launches into the
Sea of Japan. A number of the missiles impacted in the Pyongyang FIR
(ZKKP) east of what was then the 132 degrees east longitude eastern
boundary of SFAR No. 79 and in relatively close proximity to
international air routes transiting the region. North Korea, as
recently as April 2016, has also employed electronic jamming equipment
on several occasions for intentional interference with aviation and
maritime navigation and communication networks. While these intentional
interference events primarily impacted flight operations in the Incheon
FIR (RKRR), the associated capabilities and effects could also have
affected operations in adjoining airspace, including the Pyongyang FIR
(ZKKP).
---------------------------------------------------------------------------

    \1\ For a more detailed history of SFAR No. 79, Sec.  91.1615,
see Amendment of the Prohibition Against Certain Flights in the
Pyongyang Flight Information Region (FIR) (ZKKP) final rule, 83 FR
47059 (Sept. 18, 2018).
---------------------------------------------------------------------------

    Effective September 18, 2018, the FAA amended SFAR No. 79, Sec.
91.1615, to incorporate the flight prohibition contained in KICZ NOTAM
A0023/17 into the rule. Increased North Korean military capabilities
and activities, including upgraded air defense weapons systems and
unannounced North Korean missile launches, had increased the
inadvertent risk of North Korea misidentifying U.S. civil aviation
operating in the Pyongyang FIR (ZKKP) east of 132 degrees east
longitude as a threat and inadvertently engaging it or striking a U.S.
operators' aircraft with a missile or debris from an unannounced
missile launch. Such events could involve loss of life, injuries, and
property damage. In response to this situation, on November 3, 2017,
the FAA issued NOTAM KICZ A0023/17 to prohibit flight operations in the
entire Pyongyang FIR (ZKKP), including the area east of 132 degrees
east longitude, by all: U.S. air carriers; U.S. commercial operators;
persons exercising the privileges of an airman certificate issued by
the FAA, except when such persons are operating U.S.-registered
aircraft for a foreign air carrier; and operators of U.S.-registered
civil aircraft, except where the operator of such aircraft is a foreign
air carrier.
    In September 2018, the FAA amended SFAR No. 79, Sec.  91.1615, to
incorporate the flight prohibition contained in KICZ NOTAM A0023/17
into the rule, due to the significant, continuing risk to U.S. civil
aviation in the Pyongyang FIR (ZKKP), including the area east of 132
degrees east longitude, and the uncertainty about when the risks
described in that final rule would abate sufficiently to allow for safe
U.S. civil aviation operations in the Pyongyang FIR (ZKKP).\2\
---------------------------------------------------------------------------

    \2\ Id.
---------------------------------------------------------------------------

IV. Discussion of the Final Rule

    The FAA has determined the situation in the Pyongyang FIR (ZKKP)
continues to present an unacceptable level of risk for U.S. civil
aviation safety. North Korea continues to conduct no-notice ballistic
missile launches to meet its weapons development program goals and to
signal its resolve, and displeasure with the lack of a diplomatic
breakthrough and sanctions relief, to the international community. As
of March 28, 2020, four North Korean missile launch events had occurred
in 2020. On March 28, 2020, North Korea launched at least two probable
short-range ballistic missiles (SRBMs). These probable SRBMs impacted
within the Pyongyang FIR (ZKKP). Previous salvos occurred on March 2,
9, and 21, 2020.
    These events are consistent with North Korean missile test launch
activity observed in 2019. On November 28, 2019, a salvo of two
probable SRBMs impacted within the Pyongyang FIR (ZKKP). These probable
SRBMs had possible trajectories and impact points near an international
air route transiting the Pyongyang FIR (ZKKP), highlighting the
continued risk to U.S. civil aviation if authorized to operate in the
Pyongyang FIR (ZKKP). A total of 25 North Korean missile test launches
occurred in 2019, including 12 salvos consisting of two SRBMs each and
one possible submarine-launched ballistic missile test launch, which
occurred in early October 2019.
    For each of the 2019 and 2020 missile launch events, North Korea
failed to issue any NOTAMs or other aeronautical information to warn
civil aircraft operators of the hazards associated with these missile
launches. In late 2019, North Korea made public statements indicating
an end-of-year deadline for a diplomatic breakthrough. It is unclear
whether North Korea will return to longer-range missile testing with
impact areas beyond the Pyongyang FIR (ZKKP) that could pose a
potential risk to U.S. civil aviation operating in adjacent FIRs.
Additionally, North Korea maintains air defense and tactical aircraft
capabilities that, if forward deployed, would have ranges covering the
entire Pyongyang FIR (ZKKP). These weapons could present an inadvertent
risk to U.S. civil

aviation operations during periods of heightened tensions.
    Therefore, as a result of the significant continuing risk to the
safety of U.S. civil aviation in the Pyongyang FIR (ZKKP), the FAA
extends the expiration date of SFAR No. 79, Sec.  91.1615, from
September 18, 2020 until September 18, 2023. Amendments to SFAR No. 79,
Sec.  91.1615, could be appropriate if the risk to 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
Pyongyang FIR (ZKKP). The FAA may amend or rescind SFAR No. 79, Sec.
91.1615, as necessary, prior to its expiration date.
    The FAA also republishes the details concerning the approval and
exemption processes in Sections V and VI of this preamble, with
clarifications for consistency with other recently published flight
prohibition SFARs, to enable interested persons to refer to this final
rule for all relevant information about seeking relief from SFAR No.
79, Sec.  91.1615. Lastly, the FAA makes minor administrative
revisions, including updating the applicability paragraph of the
regulatory text to make it consistent with other recently published
flight prohibition SFARs.

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 Pyongyang FIR (ZKKP). If a department, agency,
or instrumentality of the U.S. Government determines it has a critical
need to engage any person described in SFAR No. 79, Sec.  91.1615,
including a U.S. air carrier or commercial operator, to conduct a
charter to transport civilian or military passengers or cargo or other
operations in the Pyongyang FIR (ZKKP), that department, agency, or
instrumentality may request the FAA to approve persons described in
SFAR No. 79, Sec.  91.1615, to conduct such operations.
    The requesting department, agency, or instrumentality of the U.S.
Government 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.\3\ The FAA will not accept or consider requests for
approval from anyone other than the requesting department, agency, or
instrumentality. In addition, the senior official signing the letter
requesting FAA approval on behalf of the requesting department, agency,
or instrumentality must be sufficiently positioned within the
organization to demonstrate that the senior leadership of the
requesting department, agency, or instrumentality supports the request
for approval and is committed to taking all necessary steps to minimize
operational risks to the proposed flights. The senior official must
also be in a position to: (1) Attest to the accuracy of all
representations made to the FAA in the request for approval, and (2)
ensure that any support from the requesting U.S. Government department,
agency, or instrumentality described in the request for approval is in
fact brought to bear and is maintained over time. Unless justified by
exigent circumstances, requests for approval must be submitted to the
FAA no less than 30 calendar days before the date on which the
requesting department, agency, or instrumentality wishes the proposed
operation(s) to commence.
---------------------------------------------------------------------------

    \3\ 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
within the area in which this SFAR prohibits their operations.
---------------------------------------------------------------------------

    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 approval request. 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. 79, Sec.  91.1615, or for multiple flight
operations. To the extent known, the letter must identify the person(s)
expected to be covered under the SFAR on whose behalf the U.S.
Government department, agency, or instrumentality seeks FAA approval,
and it must describe--
     The proposed operation(s), including the nature of the
mission being supported;
     The service that the person(s) covered by the SFAR will
provide;
     To the extent known, the specific locations in the
Pyongyang FIR (ZKKP) 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 Pyongyang FIR (ZKKP) and the
airports, airfields, or landing zones at which the aircraft will take
off and land; and
     The method by which the department, agency, or
instrumentality will provide, or how the operator will otherwise
obtain, current threat information and an explanation of how the
operator will integrate this information into all phases of the
proposed operations (i.e., 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 Pyongyang FIR (ZKKP). 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 Pyongyang
FIR (ZKKP). The approval conditions discussed below apply to all
operators, whether included in the original list or subsequently added
to the approval. Requestors should send updated lists to the email
address to be obtained from the Air Transportation Division by calling
(202) 267-8166.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Dale E. Roberts 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. 79, Sec.  91.1615, 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 or agencies
that may apply to the proposed operation(s), including, but not limited
to, regulations issued by the Transportation Security Administration.

B. Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety
organization will send an approval letter to the requesting department,
agency, or instrumentality informing it that the FAA's approval is
subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions
that limit, to the greatest degree possible, the risk to the operator,
while still allowing the operator to achieve its operational
objectives.
    (2) Before any approval takes effect, the operator must submit to
the FAA:
    (a) A written release of the U.S. Government from all damages,
claims, and liabilities, including without limitation legal fees and
expenses, relating to any event arising out of or related to the
approved operations in the Pyongyang FIR (ZKKP); and
    (b) The operator's written agreement to indemnify the U.S.
Government with respect to any and all third-party damages, claims, and
liabilities, including without limitation legal fees and expenses,
relating to any event arising from or related to the approved
operations in the Pyongyang FIR (ZKKP).
    (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 authorizing them to conduct the approved operation(s).
In addition, the FAA will notify the department, agency, or
instrumentality that requested the FAA's approval of any additional
conditions beyond those contained in the approval letter.

VI. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval the FAA issues
through the approval process set forth previously may only occur in
accordance with an exemption from SFAR No. 79, Sec.  91.1615. A
petition for exemption must comply with 14 CFR part 11. The FAA will
consider whether exceptional circumstances exist beyond those the
approval process described in the previous section contemplates. 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 Pyongyang FIR (ZKKP) 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 Pyongyang FIR (ZKKP) 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
establish that granting the exemption would not adversely affect safety
or would provide a level of safety at least equal to that provided by
this SFAR. The FAA has found comprehensive, organized plans and
procedures of this nature to be helpful in facilitating the agency's
safety evaluation of petitions for exemption from flight prohibition
SFARs.
    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 SFAR No. 79,
Sec.  91.1615, affects. 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. 79, Sec.
91.1615.
    If a petition for exemption includes security-sensitive or
proprietary information, requestors may contact Aviation Safety
Inspector Dale E. Roberts 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

    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 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. This rule also complies with the requirements of the Department
of Transportation's administrative rule on rulemaking at 49 CFR part 5.
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 action extends the expiration date of the SFAR prohibiting
U.S. civil flights in the Pyongyang FIR (ZKKP) for an additional three
years due to the

significant hazards to U.S. civil aviation described in the preamble of
this final rule. U.S. Government departments, agencies, and
instrumentalities may take advantage of the approval process on behalf
of U.S. operators and airmen with whom they have a contract, grant, or
cooperative agreement, or with whom their prime contractor has a
subcontract. U.S. operators and airmen who seek to conduct operations
in the Pyongyang FIR (ZKKP) without any of the foregoing types of
arrangements with the U.S. Government may petition for exemption from
this rule.
    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 deaths, injuries, and property damage that could
occur if a U.S. operator's aircraft were shot down (or otherwise
damaged) while operating in the Pyongyang FIR (ZKKP).

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 Pyongyang FIR (ZKKP), 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), 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 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.
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, Promoting International Regulatory
Cooperation, 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.

D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This rule is not subject to the requirements of Executive Order
13771, Reducing Regulation and Controlling Regulatory Costs, because it
is issued with respect to a national security function of the United
States.

IX. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained from
the internet by--
     Searching the docket for this rulemaking at https://www.regulations.gov;
     Visiting the FAA's Regulations and Policies web page at
https://www.faa.gov/regulations_policies; or
     Accessing the Government Publishing Office's website at
https://www.govinfo.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>.
    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.

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, North Korea.

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.  91.1615 by revising paragraphs (a)(3) and (e) to read as
follows:

Sec.  91.1615   Special Federal Aviation Regulation No. 79--Prohibition
Against Certain Flights in the Pyongyang Flight Information Region
(FIR) (ZKKP).

    (a) * * *
    (3) All operators of U.S.-registered civil aircraft, except when
the operator of such aircraft is a foreign air carrier.
* * * * *
    (e) Expiration. This SFAR will remain in effect until September 18,
2023. 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
August 20, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-19057 Filed 9-4-20; 8:45 am]
BILLING CODE 4910-13-P