B.	Collections of Information Employing Statistical Methods

1.	Universe and Respondent Selection

The rating activities under this clearance will be made available to all
end users who access the Regulations.gov ‘feedback exchange’ web
site.  The end users are not required to complete the ratings however
they are allowed to do so when accessing the Regulations.gov ‘feedback
exchange’ web site.

The ratings are to be completed with an in-house tool to change or
improve programs, products or services.  The accuracy and reliability of
the results of these surveys is adequate to their purpose.

The ratings approach for the Regulations.gov ‘feedback exchange’ web
site does not require statistical sampling, just as statistical sampling
is often not included for customer satisfaction surveys.  5,000 ratings
per year are expected and this will be a subset of the number of overall
visitors to the site based on end user interest to respond.	The number
of responses anticipated is based on responses to the Regulations.gov
web site.

The email address field on the Registration section is made available to
all end users who register for the Regulations.gov ‘feedback
exchange’ web site.  The end users are required to complete the email
address field when accessing the Regulations.gov ‘feedback exchange’
web site to provide comments, rate content, or tag information. The URL
address field on the Registration section is made available to all end
users who register for the Regulations.gov exchange web site, but end
users are not required to complete the URL address field. Topic
discussions and comments can still be viewed by those users who choose
not to register.

The email address field on the Registration section is to be completed
with an in-house tool and will be used by the end user to establish a
user account or profile.  The accuracy and reliability of the results of
this field is adequate to its purpose.

The email and URL address fields collection for the Regulations.gov
‘feedback exchange’ web site does not require statistical sampling,
just as statistical sampling is often not included for contact forms.
1,000 users per year are expected and this will be a subset of the
number of overall visitors to the site based on end user interest to
respond.  The number of responses anticipated is based on responses to
the Regulations.gov web site.

The tagging of content is made available to all end users who access the
Regulations.gov ‘feedback exchange’ web site.  The end users are not
required to tag or label information about themselves or tag information
they or another visitor provided, however, they are allowed to do so
when accessing the Regulations.gov ‘feedback exchange’ web site.

The tagging of content is to be completed with an in-house tool and will
be used by end users to define themselves and their own or other’s
content.  The accuracy and reliability of the results of this form is
adequate to its purpose.

The tagging of content for Regulations.gov ‘feedback exchange’ web
site does not require statistical sampling, just as statistical sampling
is often not included for customer satisfaction surveys or contact
forms.  1,000 tags per year are expected and this will be a subset of
the number of overall visitors to the site based on end user interest to
respond.  The number of responses anticipated is based on responses to
the Regulations.gov web site.

The submission of support or oppose comments is made available to all
end users who access the Regulations.gov ‘feedback exchange’ web
site.  The end users are not required to tag or label information about
themselves or tag information they or another visitor provided, however,
they are allowed to do so when accessing the Regulations.gov ‘feedback
exchange’ web site.

The submission of support or oppose comments is to be completed with an
in-house tool and will be used to change or improve programs, products
or services.  The accuracy and reliability of the results of this form
is adequate to its purpose.

The submission of support or oppose comments for the Regulations.gov
‘feedback exchange’ web site does not require statistical sampling,
just as statistical sampling is often not included for customer
satisfaction surveys or contact forms.  1,000 support or oppose comments
per year are expected and this will be a subset of the number of overall
visitors to the site based on end user interest to respond.  The number
of responses anticipated is based on responses to the Regulations.gov
web site.

2.	Procedures for Collecting Information

End users will access the Regulations.gov ‘feedback exchange’ web
site and will be presented with options to browse the web site.  Within
the Regulations.gov ‘feedback exchange’ web site are web pages
displaying different potential functionalities or capabilities under
consideration for the Regulations.gov web site.  The end user will be
allowed to submit ratings of one through five stars for a given
functionality they view on the Regulations.gov ‘feedback exchange’
web site.

End users on the Regulations.gov ‘feedback exchange’ web site will
also be provided with a link to a “Comment page”.  This web page
will include the ability for end users to rate content, tag content,
submit a comment, or submit a ‘support or oppose’ comments on these
different functionalities or on other end user’s comments if they so
desire.

End users on the Regulations.gov ‘feedback exchange’ web site will
also be provided with a link to a Registration section, “User
Account” web page.  This web page will include a required email
address field for the end user to submit their email address and an
optional URL address field for the end user to submit a relative URL if
they so desire.  It will also include a field for the user to tag
content about themselves (e.g., Professional Category – such as
‘Academic / Professor’.)

3.	Methods to Maximize Response

The results of the ratings will be prominently displayed on the
Regulations.gov ‘feedback exchange’ web site and this prominent
placement will help maximize responses.  The brevity of the rating
approach and simplicity of the rating categories themselves will also
aid in maximizing responses.

The email and URL address fields on the Registration section will be
prominently displayed and this prominent placement will help maximize
responses.  The brevity of the email/URL address field and simplicity of
the field will also aid in maximizing responses.

The tagging of content will be linked from the comment page and the
Registration section of the Regulations.gov ‘feedback exchange’ web
site and these prominent placements will help maximize responses.  The
brevity of the form and simplicity of the questions will also aid in
maximizing responses.

The support or oppose comments will be linked from the comment page of
the Regulations.gov ‘feedback exchange’ web site and this prominent
placement will help maximize responses.  The brevity of the form and
simplicity of the questions will also aid in maximizing responses.

4.	Testing of Procedures

The responses to the ratings, email/URL address field on the
Registration section, tagging of content, and support or oppose comments
will all be treated like customer satisfaction surveys and will not be
formally tested against statistical practices.  It is the intention of
the eRulemaking Program to leverage the responses to provide feedback on
potential functionalities under consideration for the Regulations.gov
web site.  The intent is to leverage this voluntary feedback to deliver
enhanced Regulations.gov capabilities to improve public access to,
participation in, and understanding of the rulemaking process and
similar federal public notice and comment decision making.  The
information will not be used for statistical purposes or sampling
purposes.

5.	Contacts for Statistical Aspects and Data Collection

There are no applicable statistical contacts.  The Project Manager for
Regulations.gov ‘feedback exchange’ web site is John Moses and he
can be contacted at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>or at<PHONE_NUMBER>.


Health Risks and Safety Risks

The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action, which is proposing confidentiality determinations for subpart W
data elements (except for inputs to equations) and amendments to Table
A-7 of Part 98, is not subject to Executive Order 13045 because it does
not establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use

This action, which is proposing confidentiality determinations for
subpart W data elements (except for inputs to equations) and amendments
to Table A-7 of Part 98, is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866 .

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act of
1995 (NTTAA), Public Law No. 104-113 (15 U.S.C. 272 note) directs the
EPA to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary consensus
standards bodies. NTTAA directs the EPA to provide Congress, through
OMB, explanations when the agency decides not to use available and
applicable voluntary consensus standards.

This action, which is proposing confidentiality determinations for
subpart W data elements (except for inputs to equations) and amendments
to Table A-7 of Part 98, does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

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. The EPA has determined that this
action, which is proposing confidentiality determinations for subpart W
data elements (except for inputs to equations) and amendments to Table
A-7 of Part 98, will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it does not affect the level of protection provided to human
health or the environment. This action addresses only reporting and
recordkeeping procedures.

List of Subjects 40 CFR Part 98

Environmental protection, Administrative practice and procedure,
Greenhouse gases, Reporting and recordkeeping requirements.

Dated:

Lisa P. Jackson,

Administrator.

For the reasons stated in the preamble, title 40, Chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 98—[AMENDED]

The authority citation for part 98 continues to read as follows:

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

Subpart A—[Amended]

Table A-7 to subpart A of part 98 is amended by revising the entries for
subpart W to read as follows:

Table A-7 to Subpart A of Part 98--Data Elements that Are Inputs to
Emission Equations and for Which the Reporting Deadline Is March 31,
2015

Subpart	Rule Citation (40 CFR part 98)	Specific Data Elements for Which
Reporting Date is March 31, 2015 (“All” means all data elements in
the cited paragraph are not required to be reported until March 31,
2015)

*    *    *    *    *    *    *

W	98.236(c)(1)(i)	All.

W	98.236(c)(1)(ii)	All.

W	98.236(c)(1)(iii)	All.

W	98.236(c)(2)(i)	All.

W	98.236(c)(3)(i)	All.

W	98.236(c)(3)(ii)	Only Calculation Methodology 2.

W	98.236(c)(3)(iii)	All.

W	98.236(c)(3)(iv)	All.

W	98.236(c)(4)(i)(A)	All.

W	98.236(c)(4)(i)(B)	All.

W	98.236(c)(4)(i)(C)	All.

W	98.236(c)(4)(i)(D)	All.

W	98.236(c)(4)(i)(E)	All.

W	98.236(c)(4)(i)(F)	All.

W	98.236(c)(4)(i)(G)	All.

W	98.236(c)(4)(i)(H)	All.

W	98.236(c)(4)(ii)(A)	All.

W	98.236(c)(5)(i)(D)	All.

W	98.236(c)(5)(ii)(C)	All.

W	98.236(c)(6)(i)(B)	All.

W	98.236(c)(6)(i)(D)	All.

W	98.236(c)(6)(i)(E)	All.

W	98.236(c)(6)(i)(F)	All.

W	98.236(c)(6)(i)(G)	Only the amount of natural gas required.

W	98.236(c)(6)(i)(H)	Only the amount of natural gas required.

W	98.236(c)(6)(ii)(A)	All.

W	98.236(c)(6)(ii)(B)	All.

W	98.236(c)(7)(i)(A)	Only for Equation W-14A

W	98.236(c)(8)(i)(F)	All.

W	98.236(c)(8)(i)(K)	All.

W	98.236(c)(8)(ii)(A)	All.

W	98.236(c)(8)(ii)(H)	All.

W	98.236(c)(8)(iii)(A)	All.

W	98.236(c)(8)(iii)(B)	All.

W	98.236(c)(8)(iii)(G)	All.

W	98.236(c)(12)(ii)	All.

W	98.236(c)(12)(v)	All.

W	98.236(c)(13)(i)(E)	All.

W	98.236(c)(13)(i)(F)	All.

W	98.236(c)(13)(ii)(A)	All.

W	98.236(c)(13)(ii)(B)	All.

W	98.236(c)(13)(iii)(A)	All.

W	98.236(c)(13)(iii)(B)	All.

W	98.236(c)(13)(v)(A)	All.

W	98.236(c)(14)(i)(B)	All.

W	98.236(c)(14)(ii)(A)	All.

W	98.236(c)(14)(ii)(B)	All.

W	98.236(c)(14)(iii)(A)	All.

W	98.236(c)(14)(iii)(B)	All.

W	98.236(c)(14)(v)(A)	All.

W	98.236(c)(15)(ii)(A)	All.

W	98.236(c)(15)(ii)(B)	All.

W	98.236(c)(16)(viii)	All.

W	98.236(c)(16)(ix)	All.

W	98.236(c)(16)(x)	All.

W	98.236(c)(16)(xi)	All.

W	98.236(c)(16)(xii)	All.

W	98.236(c)(16)(xiii)	All.

W	98.236(c)(16)(xiv)	All.

W	98.236(c)(16)(xv)	All.

W	98.236(c)(16)(xvi)	All.

W	98.236(c)(17)(ii)	All.

W	98.236(c)(17)(iii)	All.

W	98.236(c)(17)(iv)	All.

W	98.236(c)(18)(i)	All.

W	98.236(c)(18)(ii)	All.

W	98.236(c)(19)(iv)	All.

W	98.236(c)(19)(vii)	All.

*    *    *    *    *    *    *

 As mentioned above, EPA determined that data elements in these two
categories are not “emission data” under CAA section 114(c) and 40
CFR 2.301(a)(2)(i) for purposes of determining the GHG emissions to be
reported under Part 98. That determination applies to data elements in
subpart W assigned to those categories through this rulemaking.

  HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79
d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40"
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d
2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40

  HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79
d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40"
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d
2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40

  HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79
d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40"
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d
2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40

  HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79
d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40"
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d
2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40

 http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm

  HYPERLINK "http://www.didesktop.com/products/"
http://www.didesktop.com/products/

 http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm

  HYPERLINK "http://www.didesktop.com/products/"
http://www.didesktop.com/products/

  HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79
d2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40"
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d
2273ed12c4f723ba9&rgn=div6&view=text&node=40:<IP_ADDRESS>.1.8&idno=40

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

  HYPERLINK "http://www.didesktop.com/products/"
http://www.didesktop.com/products/

  HYPERLINK "http://www.didesktop.com/products/"
http://www.didesktop.com/products/

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.epa.gov/gasstar/documents/emissions_report/6_vented.pdf

 http://www.boemre.gov/ntls/PDFs/2011-N04FlareMeterSigned05-16-2011.pdf

 August 2011, GTI’s Gas Resource Database – Unconventional Natural
Gas and Gas Composition Databases, GRI – 01/0136

 http://www.netl.doe.gov/technologies/oil-gas/publications/EPreports/Res
ourceAssess/Final_28139.pdf

 August 2011, GTI’s Gas Resource Database – Unconventional Natural
Gas and Gas Composition Databases, GRI – 01/0136

 http://www.netl.doe.gov/technologies/oil-gas/publications/EPreports/Res
ourceAssess/Final_28139.pdf

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

 http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1

Page   PAGE  72  of   NUMPAGES  76

This document is a prepublication version, signed by EPA Administrator
Lisa P. Jackson on February 16, 2012. We have taken steps to ensure the
accuracy of this version, but it is not the official version.

Page   PAGE  76  of   NUMPAGES  76

Proposed Confidentiality Determinations for the Petroleum and Natural
Gas Systems Source Category, and Amendments to Table A-7, of the
Greenhouse Gas Reporting Rule

Page   PAGE  73  of   NUMPAGES  76


[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45820-45821]
[FR Doc No: 2018-19490]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0825; Airspace Docket No. 18-ASO-17]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Louisville, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

SUMMARY: This action amends Class D airspace and Class E surface
airspace for Bowman Field Airport, Louisville, KY, by adding the
Louisville International Airport Class C exclusionary language into the
legal description. The exclusionary language was inadvertently omitted
from the final rule published November 1, 2017. This action also makes
a minor editorial change to the Louisville, KY, airspace designation
and airport name.

DATES: Effective 0901 UTC, September 11, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class D and Class E airspace at Bowman Field Airport,
Louisville, KY, to support IFR operations at the airport.

History

    The FAA published a final rule in the Federal Register (82 FR
50506; November 1, 2017) for Docket No. FAA-2016-9499 amending Class D
airspace, and Class E surface airspace at Bowman Field Airport,
Louisville, KY.
    Subsequent to publication, the FAA discovered the Louisville
Standiford Field Class C airspace exclusionary language was omitted
from the Class D legal description of the airport. This rule adds the
Class C exclusionary language into the legal descriptions, noting the
airport name change to Louisville International Airport.
    An editorial change is made that removes the airport name from the

Louisville, KY, airspace designation, and the city from the airport
name.
    Class D airspace and Class E surface airspace designations are
published in paragraph 5000, and 6002 of FAA Order 7400.11B dated
August 3, 2017, and effective September 15, 2017, which is incorporated
by reference in 14 CFR part 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by adding to the Class D and Class E surface area legal
descriptions for Bowman Field Airport, Louisville, KY, the following
text that reads ``excluding that portion within the Louisville
International Airport Class C airspace area, and excluding that portion
south of the 081[deg] bearing from Louisville International Airport,
and also excluding that portion north of the Louisville International
Airport Class C airspace area and west of a line drawn from lat.
38[deg]11'28'' N long. 85[deg]42'01'' W direct thru the point where the
030[deg] bearing from Louisville International Airport intersects the
5-mile radius from Louisville International Airport to the point of
intersection with the 3.9-mile radius from Bowman Field Airport.'' This
action makes an editorial change to the Louisville, KY, airspace
designation by removing the airport name of Bowman Field. This action
also removes the city name (Louisville) from the airport name of Bowman
Field Airport, to comply with FAA Order 7400.2L, Procedures for
Handling Airspace Matters.
    Accordingly, action is take herein to add this exclusion of
Louisville International Airport Class C airspace to the legal
description for Bowman Field Airport, Louisville, KY, in the interest
of flight safety. Therefore, I find that notice and public procedure
under 5 U.S.C. 553(b) are impracticable and contrary to the public
interest.
    To avoid confusion on the part of pilots flying in the area of
Bowman Field Airport, Louisville, KY, the FAA finds good cause,
pursuant to 5 U.S.C. 553(d), for making this rule effective in less
than 30 days in order to promote the safe and efficient handling of air
traffic in the area.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, effective September 15, 2017, is amended
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO KY D Louisville, KY [Amended]

Bowman Field Airport, KY
    (Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)
Louisville International Airport, KY
    (Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W)

    That airspace extending upward from the surface to but not
including 2,200 feet MSL within a 3.9-mile radius of Bowman Field
Airport, excluding that portion within the Louisville International
Airport Class C airspace area, and excluding that portion south of
the 081[deg] bearing from Louisville International Airport, and also
excluding that portion north of the Louisville International Airport
Class C airspace area and west of a line drawn from lat.
38[deg]11'28'' N, long. 85[deg]42'01'' W. direct thru the point
where the 030[deg] bearing from Louisville International Airport
intersects the 5-mile radius from Louisville International Airport
to the point of intersection with the 3.9-mile radius from Bowman
Field Airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

ASO KY E2 Louisville, KY [Amended]

Bowman Field Airport, KY
    (Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)
Louisville International Airport, KY
    (Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W) E-104

    Within a 3.9-mile radius of Bowman Field Airport, excluding that
portion within the Louisville International Airport Field Class C
airspace area, and excluding that portion south of the 081[deg]
bearing from Louisville International Airport, and also excluding
that portion north of the Louisville International Airport Class C
airspace area and west of a line drawn from lat. 38[deg]11'28'' N,
long. 85[deg]42'01'' W direct thru the point where the 030[deg]
bearing from Louisville International Airport intersects the 5-mile
radius from Louisville International Airport to the point of
intersection with the 3.9-mile radius from Bowman Field Airport.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

    Issued in College Park, Georgia, on August 29, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-19490 Filed 9-10-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40582-40583]
[FR Doc No: 2018-17488]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Regulation S-P. SEC File No. 270-480; OMB Control No. 3235-0537.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and
Exchange Commission (``Commission'') is soliciting comments on the
existing collection of information provided for in the privacy notice
and opt out notice provisions of Regulation S-P--Privacy of Consumer
Financial Information (17 CFR part 248, subpart A) under the Securities
Exchange Act of 1934 (``Exchange Act'') (15 U.S.C. 78a et seq.). The
Commission plans to submit this existing collection of information to
the Office of Management and Budget (``OMB'') for extension and
approval.
    The privacy notice and opt out notice provisions of Regulation S-P
(the ``Rule'') implement the privacy notice and opt out notice
requirements of Title V of the Gramm-Leach-Bliley Act (``GLBA''), which
include the requirement that at the time of establishing a customer
relationship with a consumer and not less than annually during the
continuation of such relationship, a financial institution shall
provide a clear and conspicuous disclosure to such consumer of such
financial institution's policies and practices with respect to
disclosing nonpublic personal information to affiliates and
nonaffiliated third parties (``privacy notice''). Title V of the GLBA
also provides that, unless an exception applies, a financial
institution may not disclose nonpublic personal information of a
consumer to a nonaffiliated third party unless the financial
institution clearly and conspicuously discloses to the consumer that
such information may be disclosed to such third party; the consumer is
given the opportunity, before the time that such information is
initially disclosed, to direct that such information not be disclosed
to such third party; and the consumer is given an explanation of how
the consumer can exercise that nondisclosure option (``opt out
notice''). The Rule applies to broker-dealers, investment advisers
registered with the Commission, and investment companies (``covered
entities'').
    Commission staff estimates that, as of March 31, 2018, the Rule's
information collection burden applies to approximately 20,465 covered
entities (approximately 3,857 broker-dealers, 12,643 investment
advisers registered with the Commission, and 3,965 investment
companies). In view of (a) the minimal recordkeeping burden imposed by
the Rule (since the Rule has no recordkeeping requirement and records
relating to customer communications already must be made and retained
pursuant to other SEC rules); (b) the summary fashion in which
information must be provided to customers in the privacy and opt out
notices required by the Rule (the model privacy form adopted by the SEC
and the other agencies in 2009, designed to serve as both a privacy
notice and an opt out notice, is only two pages); (c) the availability
to covered entities of the model privacy form and online model privacy
form builder; and (d) the experience of covered entities' staff with
the notices, SEC staff estimates that covered entities will each spend
an average of approximately 12 hours per year complying with the Rule,
for a total of approximately 245,580 annual burden-hours (12 x 20,465 =
245,580). SEC staff understands that the vast majority of covered
entities deliver their privacy and opt out notices with other
communications such as account opening documents and account
statements. Because the other communications are already delivered to
consumers, adding a brief privacy and opt out notice should not result
in added costs for processing or for postage and materials. Also,
privacy and opt out notices may be delivered electronically to
consumers who have agreed to electronic communications, which further
reduces the costs of delivery. Because SEC staff assumes that most
paper copies of privacy and opt out notices are combined with other
required mailings, the burden-hour estimates above are based on
resources required to integrate the privacy and opt notices into
another mailing, rather than on the resources required to create and
send a separate mailing. SEC staff estimates that, of the estimated 12

annual burden-hours incurred, approximately 8 hours would be spent by
administrative assistants at an hourly rate of $82, and approximately 4
hours would be spent by internal counsel at an hourly rate of $422, for
a total annualized internal cost of compliance of $2,344 for each of
the covered entities (8 x $82 = $656; 4 x $422 = $1,688; $656 + $1,688
= $2,344). Hourly cost of compliance estimates for administrative
assistant time are derived from the Securities Industry and Financial
Markets Association's Office Salaries in the Securities Industry 2013,
modified by SEC staff to account for an 1,800-hour work-year and
multiplied by 2.93 to account for bonuses, firm size, employee benefits
and overhead. Hourly cost of compliance estimates for internal counsel
time are derived from the Securities Industry and Financial Markets
Association's Management & Professional Earnings in the Securities
Industry 2013, modified by SEC staff to account for an 1,800-hour work-
year and multiplied by 5.35 to account for bonuses, firm size, employee
benefits, and overhead. Accordingly, SEC staff estimates that the total
annualized internal cost of compliance for the estimated total hour
burden for the approximately 20,465 covered entities subject to the
Rule is approximately $47,969,960 ($2,344 x 20,465 = $47,969,960).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Candace Kenner, 100 F Street NE, Washington, DC 20549, or send an email
to: [email protected].

    Dated: August 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17488 Filed 8-14-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Page 66957]
[FR Doc No: 2016-23544]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2643-000]

Panda Stonewall LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
Panda Stonewall LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 13, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 23, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-23544 Filed 9-28-16; 8:45 am]
 BILLING CODE 6717-01-P


% Worker exposure 3 weeks, 5 days/week exposure, 14 days no exposure
% February 17, 2016
% Cecilia Tan

% Setting model parameters
use human_parameters_MRP
use preg_female_parameters
BWSW=1;		% Set BW to a fixed value
BWST=69;	 % Set BW for female worker at 69 kg
PREG=0;		% Not pregnant
DZONE = 1;	% Turn dermal exposure on
KDIS = 0.0;	% Daily dissipation
TSTOP=840;	%Simulation time = 21 days work week + 14 days no exposure

% Dermal exposure
SAF=1;	 	% Fraction of skin in contact with chlorpyrifos.
FAD=1;     	% Fraction of dose available to be absorbed. Values of <1 could be used if pesticide is encapsulated.
DERM =3630;		% dose in ug/kg
D3=5;  %DAYS/WEEK
P2=8; %HRS/DAY
S2=0 ;%OFFSET FROM 0 START TIME (EG IF YOU WANT TO MODEL FROM MIDNIGHT, BUT DOSE AT 8 AM)
W2=21; %21 day exposure

prepare @clear@all
start @NoCallback
simall = [_time _rbcce _urinetcpy _cv*350.6 _cvo*334.5];	%conc unit = ug/L

save simall @file='worker_POD_02172016' @format=ascii


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Rules and Regulations]
[Pages 65678-65686]
[FR Doc No: 2020-22041]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2014-0225; Amdt. No. 91-331F]
RIN 2120-AL58

Amendment of the Prohibition Against Certain Flights in Specified
Areas of the Simferopol and Dnipropetrovsk Flight Information Regions
(FIRs) (UKFV and UKDV)

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

ACTION: Final rule.

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

SUMMARY: This action amends and extends the Special Federal Aviation
Regulation (SFAR) prohibiting certain flights in the specified areas of
the Dnipropetrovsk Flight Information Region (FIR) (UKDV) 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 hazards to persons and aircraft
engaged in such flight operations. However, due to changed conditions
in Ukraine and the associated risks to U.S. civil aviation, this action
does not extend the prohibition against certain flights in the
specified areas of the Simferopol FIR (UKFV), which will expire on
October 27, 2020. This action extends the expiration date of the
prohibition against certain flights in the specified areas of the
Dnipropetrovsk FIR (UKDV) from October 27, 2020, to October 27, 2021.
Additionally, the FAA republishes the approval process and exemption
information for this SFAR, consistent with other recently published
flight prohibition SFARs, and makes minor administrative revisions.

DATES: This final rule is effective on October 27, 2020.

FOR FURTHER INFORMATION CONTACT: Stephen Moates, 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 and extends the prohibition against certain
flight

operations in the specified areas of the Dnipropetrovsk FIR (UKDV) 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 continues to prohibit all persons described in paragraph
(a) of SFAR No. 113, 14 CFR 91.1607, from conducting civil flight
operations in the specified areas of the Dnipropetrovsk FIR (UKDV)
until October 27, 2021, due to the hazards to civil aviation associated
with the ongoing violence, including potential for misidentification.
    However, this amendment does not extend the prohibition against
certain flight operations in the specified areas of the Simferopol FIR
(UKFV), which will expire on October 27, 2020, due to changed
conditions in that airspace and the associated decrease in risk to U.S.
civil aviation. The FAA also republishes the approval process and
exemption information for this SFAR, consistent with other recently
published flight prohibition SFARs, and makes minor administrative
revisions.

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 (U.S.C.), subtitle I, establish the FAA
Administrator's authority to issue rules on aviation safety. Subtitle
VII of title 49, Aviation Programs, describes in more detail the scope
of the agency's authority. Section 40101(d)(1) provides that the
Administrator shall consider in the public interest, among other
matters, assigning, maintaining, and enhancing safety and security as
the highest priorities in air commerce. Section 40105(b)(1)(A) requires
the Administrator to exercise this authority consistently with the
obligations of the U.S. Government under international agreements.
    The FAA is promulgating this 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 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. 113, Sec.  91.1607, from conducting flight operations in
the specified areas of the Dnipropetrovsk FIR (UKDV) 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 that 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
allow any lapse of effectivity of the prohibition of U.S. civil flights
in the specified areas of the Dnipropetrovsk FIR (UKDV).
    The risk environment for U.S. civil aviation in airspace managed by
other countries with respect to safety of flight is fluid because of
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 and 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 specified areas of the Dnipropetrovsk
FIR (UKDV) is necessary due to continuing safety-of-flight hazards
associated with the ongoing violence, including a risk of
misidentification of civil aircraft. These hazards continue to present
an unacceptable level of risk to U.S. civil aviation operations in the
Dnipropetrovsk FIR (UKDV), as described in the preamble to this rule.
    Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule that might
allow the existing prohibition that applies to U.S civil flights in the
specified areas of the Dnipropetrovsk FIR (UKDV) to lapse.

III. Background

    On April 25, 2014, the FAA published SFAR No. 113, Sec.  91.1607,
which prohibited certain flight operations in a portion of the
Simferopol FIR (UKFV) after the Russian Federation unlawfully seized
Crimea from Ukraine.\1\ At that time, the FAA was concerned about the
potential for civil aircraft to receive confusing and conflicting air
traffic control instructions from both Ukrainian and Russian air
traffic services providers while operating in the portion of the
Simferopol FIR (UKFV) covered by SFAR No. 113, Sec.  91.1607. In
addition, political and military tensions between Ukraine and the
Russian Federation remained high, and the FAA was concerned compliance
with air traffic control instructions issued by the authorities of one
country could result in a civil aircraft being misidentified and
intercepted, or

otherwise engaged, by air defense forces of the other country.
---------------------------------------------------------------------------

    \1\ Prohibition Against Certain Flights in the Simferopol (UKFV)
Flight Information Region (FIR) final rule, 79 FR 22862, April 25,
2014. As described in the 2014 final rule, the Russian Federation
had also issued a NOTAM purporting to establish unilaterally a new
FIR, effective April 3, 2014, in a significant portion of the
Simferopol FIR (UKFV). The affected airspace included sovereign
Ukrainian airspace over the Crimean Peninsula and the associated
Ukrainian territorial sea, as well as international airspace managed
by Ukraine over the Black Sea and the Sea of Azov under a regional
air navigation agreement approved by the Council of the
International Civil Aviation Organization (ICAO).
---------------------------------------------------------------------------

    In the months that followed, the violence and the associated risks
to civil aviation expanded to encompass the entirety of the Simferopol
and Dnipropetrovsk FIRs (UKFV and UKDV, respectively). In addition to a
series of attacks on fixed-wing and rotary-wing military aircraft
flying at lower altitudes, two aircraft operating at higher altitudes
were shot down over eastern Ukraine. The first, which occurred on July
14, 2014, involved a Ukrainian Antonov An-26 flying at 21,000 feet
southeast of Luhansk, Ukraine. The second involved Malaysia Airlines
Flight 17 (MH 17), which was flying over Ukraine at 33,000 feet just
west of the Russian border on July 17, 2014. All of the 298 passengers
and crew on board MH 17 perished. The FAA determined the use of weapons
capable of targeting and shooting down aircraft flying on civil air
routes at cruising altitudes posed a significantly dangerous threat to
civil aircraft flying in the Simferopol and Dnipropetrovsk FIRs (UKFV
and UKDV, respectively). On July 18, 2014, Universal Coordinated Time
(UTC), the FAA issued NOTAM FDC 4/2182, which prohibited U.S. civil
aviation operations in the entire Simferopol and Dnipropetrovsk FIRs
(UKFV and UKDV, respectively). The FAA subsequently incorporated the
expanded flight prohibition into SFAR No. 113, Sec.  91.1607, on
December 29, 2014.\2\
---------------------------------------------------------------------------

    \2\ Prohibition Against Certain Flights in the Simferopol (UKFV)
and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs) final
rule, 79 FR 77857, December 29, 2014.
---------------------------------------------------------------------------

    In 2018, the FAA determined security and safety conditions had
sufficiently stabilized in certain regions of Ukraine for U.S. civil
aviation operations to resume safely.\3\ However, the FAA also
determined continuing hazards to U.S. civil aviation existed in the
specified areas of the Simferopol FIR (UKFV) and the Dnipropetrovsk FIR
(UKDV).\4\
---------------------------------------------------------------------------

    \3\ Amendment of the Prohibition Against Certain Flights in
Specified Areas of the Simferopol and Dnipropetrovsk Flight
Information Regions (FIRs) (UKFV and UKDV) final rule, 83 FR 52954,
October 19, 2018.
    \4\ Id.
---------------------------------------------------------------------------

A. Simferopol FIR (UKFV)

    In the 2018 amendment, the FAA determined the government of Ukraine
had addressed the FAA's previous flight safety concerns regarding
conflicting air navigation service provider (ANSP) guidance for civil
aircraft operating on certain air routes over the Black Sea in the
Simferopol FIR (UKFV). In 2016, the government of Ukraine established,
via its aeronautical information publication (AIP), a prohibited area
over the Crimean Peninsula and the adjacent territorial sea. In
addition, the government of Ukraine issued flight advisories,
prohibitions and other instructions for the safe navigation of civil
aircraft, which it published via NOTAMs; reclassified Ukrainian
airspace in 2014; \5\ and had improved safety incident reporting
procedures to mitigate the risks associated with conflicting ANSP
guidance from the Russian Federation.
---------------------------------------------------------------------------

    \5\ The FAA notes that the State Aviation Administration of
Ukraine conducted and completed an airspace restructuring that went
into effect in the late 2014 timeframe. The new configuration
altered both the Simferopol FIR (UKFV) and Dnipropetrovsk FIR (UKDV)
altitude structures. To address the Ukraine airspace restructuring
and provide additional clarity, on July 22, 2016, the FAA published
a technical amendment to clarify the altitude and lateral boundaries
of the airspace in which SFAR No. 113, Sec.  91.1607, prohibited
U.S. civil aviation operations. Extension of the Prohibition Against
Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV)
Flight Information Regions final rule, technical amendment, 81 FR
47699, July 22, 2016.
---------------------------------------------------------------------------

    In the October 2018 final rule, the FAA also determined the
government of Ukraine had not mitigated the risks to civil aviation
safety in the remainder of the Simferopol FIR (UKFV), necessitating a
continuing, albeit more limited, flight prohibition for U.S. civil
aviation. An overwhelming military presence of Russian forces and
weapon capabilities remained on the Crimean Peninsula, creating a
continuing risk for misidentification of aircraft flying over the
Peninsula and in the airspace near the Peninsula. Additionally, the
Russian Federation continued to claim that it had established
unilaterally a new FIR that includes sovereign Ukrainian airspace over
the Crimean Peninsula and the associated Ukrainian territorial sea. The
claimed new FIR also includes international airspace over the Black Sea
and the Sea of Azov in which Ukraine is responsible for providing air
navigation services under regional air navigation agreements approved
by the Council of the International Civil Aviation Organization (ICAO)
and the European Region Aviation System Planning Group (EASPG) of the
ICAO European and North Atlantic (EUR/NAT) Regions. For those reasons
and their attendant risk to U.S. civil aviation operations, the FAA
continued to prohibit U.S. civil aviation operations in the Simferopol
FIR (UKFV) from the surface to unlimited, north and northeast of a line
drawn direct from SOBLO (431503N 362298E) to DOLOT (434214N 332819E),
direct to SOROK (440628N 324260E), then direct to OTPOL (452738N
313064E). The use of airway M747, which partially overlapped with the
new SFAR boundary, also remained prohibited.

B. Dnipropetrovsk FIR (UKDV)

    In the October 2018 final rule, the FAA also determined an
inadvertent risk to civil aviation associated with the ongoing violence
continued to exist in the eastern portion of the Dnipropetrovsk FIR
(UKDV). This violence involved localized skirmishes and the potential
for larger scale fighting. The FAA was concerned this situation could
lead to certain air defense forces misidentifying or engaging civil
aviation.
    In the October 2018 final rule, the FAA determined these threats
were concentrated in the eastern portion of the Dnipropetrovsk FIR
(UKDV) within the Russian-controlled area and in close proximity to the
line of contact that bordered that area. While the potential for
fluctuating levels of military engagement continued along the line of
contact in eastern portions of the Dnipropetrovsk FIR (UKDV), the
military situation had begun to stabilize, which reduced the risk of a
larger-scale conflict that might extend into the western portion of the
Dnipropetrovsk FIR (UKDV). The FAA determined these circumstances
indicated the level of risk to civil aviation in the western portion of
the Dnipropetrovsk FIR (UKDV) had diminished from the level of risk
that had existed when the FAA initially prohibited U.S. civil aviation
operations in the entire Dnipropetrovsk FIR (UKDV) in NOTAM FDC 4/2182.
As a result, the FAA amended its flight prohibition for the
Dnipropetrovsk FIR (UKDV) to allow U.S. civil aviation to resume flight
operations in the western portion of the Dnipropetrovsk FIR (UKDV) from
the surface to unlimited, west of a line drawn direct from ABDAR
(471802N 351732E) along airway M853 to NIKAD (485946N 355519E), then
along airway N604 to GOBUN (501806N 373824E). The October 2018 final
rule also provided an exception to permit takeoffs and landings at
Kharkiv International Airport (UKHH), Dnipropetrovsk International
Airport (UKDD), and Zaporizhzhia International Airport (UKDE).

IV. Discussion of the Final Rule

A. Simferopol FIR (UKFV)

    The FAA has determined U.S. civil aviation operations may resume
safely in the specified areas of the Simferopol FIR (UKFV) when the
flight prohibition for that FIR contained in SFAR No. 113, Sec.
91.1607, expires on October 27, 2020. Although the FAA expects the
Russian

Federation will continue to assert illegitimate territorial claims and
maintain a competing ANSP for the foreseeable future, Ukraine has
demonstrated a sustained commitment to taking appropriate measures to
minimize the residual risks to flight safety in the Simferopol FIR
(UKFV) from these circumstances. Since the spring of 2016, Ukraine's
ANSP consistently has provided the FAA, as well as other countries,
with credible post-implementation monitoring reports on Ukraine's
implementation of the risk management measures outlined in its safety
case \6\ for international air routes over the Black Sea, including
incidents and mitigation measures. These post-implementation monitoring
reports indicate the number of incidents within well-defined categories
of identified hazards, with appropriate mitigation measures for the few
incidents that continue to occur. As a result of Ukraine's diligent
efforts, the number of reported safety-related incidents involving
civil air traffic associated with Russian aggression in Ukraine has
decreased to near zero over three and a half years of flight operations
on Black Sea air routes in the Simferopol FIR (UKFV).
---------------------------------------------------------------------------

    \6\ As defined by ICAO, a safety case is ``a document which
provides substantial evidence that the system to which it pertains
meets its safety objectives.'' See, e.g., International Civil
Aviation Organization Asia and Pacific Office, Guidance on Building
a Safety Case for Delivery of an ADS-B Separation Service, version
1.0 (Sept. 2011), available at https://www.icao.int/APAC/Documents/edocs/cns/APX.%20J%20-%20Guidance%20Material%20on%20Building%20Safety%20Case%20for%20ADS-B%20separation.pdf.
---------------------------------------------------------------------------

    Ukraine has also demonstrated a sustained commitment to taking
appropriate steps to protect civil aviation from the risk of
misidentification associated with the continuing substantial Russian
military presence and weapons capabilities on and in the vicinity of
the Crimean Peninsula. For example, Ukrainian authorities issue NOTAMs
to inform pilots of the locations of Russian military operational
areas, work to de-conflict military and civil air traffic in the
Simferopol FIR (UKFV), and have established a prohibited area over the
Crimean Peninsula and adjacent Ukrainian territorial waters.
    Additionally, despite the Russian Federation's purported annexation
and its occupation of the Crimean Peninsula and continued deployment of
substantial military capabilities, the security situation in the
Simferopol FIR (UKFV) has stabilized. No reported clashes or incidents
demonstrating an inadvertent risk to U.S. civil aviation from
misidentification or miscalculation have occurred since the November
2018 Kerch Strait maritime incident.
    Therefore, as a result of the significantly reduced risk to U.S.
civil aviation safety in the Simferopol FIR (UKFV), this rule does not
extend the prohibition on U.S. civil aviation operations in the
specified areas of the Simferopol FIR (UKFV), which will expire in
accordance with the existing SFAR on October 27, 2020.

B. Dnipropetrovsk FIR (UKDV)

    The FAA has determined the situation in the specified areas of the
Dnipropetrovsk FIR (UKDV) continues to present an unacceptable level of
risk to U.S. civil aviation. An inadvertent risk to U.S. civil aviation
associated with the ongoing violence exists, involving localized
skirmishes and the potential for larger scale fighting in the eastern
portion of the Dnipropetrovsk FIR (UKDV), particularly near the line of
contact that borders the Russian-controlled area. The FAA remains
concerned these skirmishes and the risk for potential larger-scale
fighting could lead to the misidentification or engagement of civil
aviation by certain air defense forces. The various military and
militia elements in the region continue to have access to a variety of
anti-aircraft weapons systems, including man-portable air defense
systems, and possibly more advanced surface-to-air missile (SAM)
systems with the capability to engage aircraft at higher altitudes.
    Despite the most recent ceasefire arrangement between Ukraine and
the Russian Federation, which went into effect in December 2019, recent
conflict-related air defense activity in eastern Ukraine highlights the
continuing inadvertent risk to U.S. civil aviation operations in the
eastern portion of the Dnipropetrovsk FIR (UKDV). On April 5, 2020,
Ukrainian forces shot down a Russian military unmanned aircraft flying
over the Donetsk region in the eastern portion of the Dnipropetrovsk
FIR (UKDV). On April 10, 2020, the Organization for Security and
Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to
Ukraine lost an unmanned aircraft to small arms fire. Russia-led forces
in eastern Ukraine regularly use SAMs, small-arms ground fire, and
Global Positioning System (GPS) jamming to target OSCE SMM unmanned
aircraft, including in the eastern portion of the Dnipropetrovsk FIR
(UKDV). In October 2019, a Ukrainian military official indicated in
public statements that Ukraine had lost numerous unmanned aircraft to
Russian GPS interference throughout the conflict, though the true
number of unmanned aircraft lost remains unconfirmed.
    Although the situation has remained mostly stable since 2018,
skirmishes and attacks within the Dnipropetrovsk FIR (UKDV) and sub-
adjacent Ukrainian territory continue to occur with little or no
warning. For example, on April 18 and 19, 2020, Russia-led forces
conducted multiple mortar attacks in the Donbas region, which is
located in the eastern portion of the Dnipropetrovsk FIR (UKDV),
injuring several Ukrainian soldiers.
    Therefore, as a result of the significant, continuing unacceptable
risk to the safety of U.S. civil aviation operations in the specified
areas of the Dnipropetrovsk FIR (UKDV), which remain unchanged, the FAA
extends the expiration date of SFAR No. 113, Sec.  91.1607, from
October 27, 2020, to October 27, 2021. The extension is limited to one
year, given the particularized limitations applicable in the different
portions of the Dnipropetrovsk FIR (UKDV) covered by the SFAR.
    Further amendments to SFAR No. 113, Sec.  91.1607, might be
appropriate if the risk to civil aviation safety and security changes.
In this regard, the FAA will continue to monitor the situation and
evaluate the extent to which persons described in paragraph (a) of this
rule might be able to operate safely in the specified areas of the
Dnipropetrovsk FIR (UKDV).
    The FAA also republishes the details concerning the approval and
exemption processes in Sections V and VI of this preamble, consistent
with other recently published flight prohibition SFARs, to enable
interested persons to refer to this final rule for comprehensive
information about requesting relief from the FAA from the provisions of
SFAR No. 113, Sec.  91.1607.
    Lastly, the FAA makes minor administrative revisions to the
regulatory text. These revisions include an update to the applicability
paragraph of the regulatory text to make it consistent with other
recently published flight prohibition SFARs and a minor non-substantive
clarification of the SFAR boundary description for the specified areas
of the Dnipropetrovsk FIR (UKDV).

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 specified areas of the Dnipropetrovsk FIR
(UKDV) described in this rule. If a department, agency, or
instrumentality of the U.S. Government determines that it has a
critical need to engage any person described in paragraph (a) of SFAR
No. 113, Sec.  91.1607, including a U.S. air carrier or commercial
operator, to transport civilian or military passengers or cargo or
conduct other operations in the specified areas of the Dnipropetrovsk
FIR (UKDV), that department, agency, or instrumentality may request the
FAA to approve persons described in paragraph (a) of SFAR No. 113,
Sec.  91.1607, 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.\7\ 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.
---------------------------------------------------------------------------

    \7\ This approval procedure applies to U.S. Government
departments, agencies, or instrumentalities; it does not apply to
the public. The FAA describes this procedure in the interest of
providing transparency with respect to the FAA's process for
interacting with U.S. Government departments, agencies, or
instrumentalities that seek to engage U.S. civil aviation to operate
in the area in which this SFAR 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 request for approval.
If a requestor wishes to make an electronic submission to the FAA, the
requestor should contact the Air Transportation Division, Flight
Standards Service, at<PHONE_NUMBER>, to obtain the appropriate email
address. A single letter may request approval from the FAA for multiple
persons described in SFAR No. 113, Sec.  91.1607, 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
specified areas of the Dnipropetrovsk FIR (UKDV) where the proposed
operation(s) will occur, including, but not limited to, the flight path
and altitude of the aircraft while it is operating in the specified
areas of the Dnipropetrovsk FIR (UKDV) and the airports, airfields, or
landing zones at which the aircraft will take off and land; and
     The method by which the U.S. Government 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 specified areas of the
Dnipropetrovsk FIR (UKDV). 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 specified areas of the
Dnipropetrovsk FIR (UKDV). 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 obtained from the Air Transportation
Division by calling<PHONE_NUMBER>.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Stephen Moates 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. 113, Sec.  91.1607,
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 U.S.
Government department, agency, or instrumentality informing it that the
FAA's approval is subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions
that limit, to the greatest degree possible, the risk to the operator,
while still allowing the operator to achieve its operational
objectives.
    (2) Before any approval takes effect, the operator must submit to
the FAA:
    (a) A written release of the U.S. Government from all damages,
claims, and liabilities, including without limitation legal fees and
expenses, relating to any event arising out of or related to the
approved operations in

the specified areas of the Dnipropetrovsk FIR (UKDV); 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 specified areas of the Dnipropetrovsk FIR (UKDV).
    (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 U.S. Government 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. 113, Sec.  91.1607. 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 specified areas of the
Dnipropetrovsk FIR (UKDV) where the proposed operation(s) will occur,
including, but not limited to, the flight path and altitude of the
aircraft while it is operating in the specified areas of the
Dnipropetrovsk FIR (UKDV) 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 that SFAR No.
113, Sec.  91.1607, 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. 113, Sec.  91.1607.
    If a petition for exemption includes security-sensitive or
proprietary information, requestors may contact Aviation Safety
Inspector Stephen Moates for instructions on submitting it to the FAA.
His contact information appears 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. In addition, DOT rulemaking procedures in subpart B of 49 CFR
part 5 instruct DOT agencies to issue a regulation upon a reasoned
determination that benefits exceed 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
and DOT rulemaking procedures, as it raises novel policy issues. 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 does not extend the prohibition against certain U.S.
civil flight operations in the specified areas of the Simferopol FIR
(UKFV), which will expire on October 27, 2020. As a result of this
expiration, U.S. civil operators will have additional routing options
available to them, which may reduce flight times and operational costs
for some flights, as SFAR No. 113, Sec.  91.1607, will no longer
require them to avoid the specified areas of the Simferopol FIR (UKFV)
after that date.
    This action also extends, without any changes to its boundaries,
the prohibition against certain U.S. civil flight operations in the
specified areas of the Dnipropetrovsk FIR (UKDV) for one additional
year due to the significant, continuing hazards to U.S. civil aviation
in that airspace, as described in the preamble to this final rule.
Because this rule does not apply to the western portion of the
Dnipropetrovsk FIR (UKDV), U.S. civil operators and airmen may continue
to operate in that area. This action also continues to permit U.S.
civil flight

operations to the extent necessary to conduct takeoffs and landings at
three Ukrainian international airports near the western boundary of
SFAR No. 113, Sec.  91.1607, in the Dnipropetrovsk FIR (UKDV).
    The FAA acknowledges the continuation of the flight prohibition in
the specified areas of the Dnipropetrovsk FIR (UKDV) might result in
additional costs to some U.S. operators, such as increased fuel costs
and other operational-related costs. However, the FAA expects the
benefits of this action exceed the costs because it will result in the
avoidance of risks of fatalities, injuries, and property damage that
could occur if a U.S. operator's aircraft were shot down (or otherwise
damaged) while operating in the specified areas of the Dnipropetrovsk
FIR (UKDV). The FAA will continue to monitor and evaluate the safety
risks to U.S. civil operators and airmen as a result of the security
conditions in the specified areas of the Dnipropetrovsk FIR (UKDV).

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 specified areas of the
Dnipropetrovsk FIR (UKDV), 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 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 also finds this action is fully consistent
with the obligations under 49 U.S.C. 40105(b)(1)(A) to ensure the FAA
exercises its duties consistently with the obligations of the United
States under international agreements.
    While the FAA's flight prohibition does not apply to foreign air
carriers, DOT codeshare authorizations prohibit foreign air carriers
from carrying a U.S. codeshare partner's code on a flight segment that
operates in airspace for which the FAA has issued a flight prohibition
for U.S. civil aviation. In addition, foreign air carriers and other
foreign operators may choose to avoid, or be advised or directed by
their civil aviation authorities to avoid, airspace for which the FAA
has issued a flight prohibition for U.S. civil aviation.

G. Environmental Analysis

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

VIII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. 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, Actions
Concerning Regulations that Significantly Affect Energy, Supply,
Distribution, or Use. 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
the FAA is issuing 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 the FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official, or the persons listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit 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, Ukraine.

The Amendment

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

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

0
2. Revise Sec.  91.1607 to read as follows:

Sec.  91.1607   Special Federal Aviation Regulation No. 113--
Prohibition Against Certain Flights in Specified Areas of the
Dnipropetrovsk Flight Information Region (FIR) (UKDV).

    (a) Applicability. This Special Federal Aviation Regulation (SFAR)
applies to the following persons:
    (1) All U.S. air carriers and U.S. commercial operators;
    (2) All persons exercising the privileges of an airman certificate
issued by the FAA, except when such persons are operating U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except when
the operator of such aircraft is a foreign air carrier.
    (b) Flight prohibition. Except as provided in paragraphs (c) and
(d) of this section, no person described in paragraph (a) of this
section may conduct flight operations in the Dnipropetrovsk FIR (UKDV)
from the surface to unlimited, east of a line drawn direct from ABDAR
(471802N 351732E) along airway M853 to NIKAD (485946N 355519E), then
along airway N604 to GOBUN (501806N 373824E). This prohibition applies
to airways M853 and N604.
    (c) Permitted operations. This section does not prohibit persons
described in paragraph (a) of this section from conducting flight
operations in the specified areas described in paragraph (b) of this
section, under the following circumstances:
    (1) Operations are permitted to the extent necessary to take off
from and land at the following three airports, subject to the approval
of, and in accordance with the conditions established by, the
appropriate authorities of Ukraine:
    (i) Kharkiv International Airport (UKHH);
    (ii) Dnipropetrovsk International Airport (UKDD); and
    (iii) Zaporizhzhia International Airport (UKDE).
    (2) Operations are permitted provided that they are conducted under
a contract, grant, or cooperative agreement with a department, agency,
or instrumentality of the U.S. Government (or under a subcontract
between the prime contractor of the department, agency, or
instrumentality of the U.S. Government and the person described in
paragraph (a) of this section) with the approval of the FAA, or under
an exemption issued by the FAA. The FAA will consider requests for
approval or exemption in a timely manner, with the order of preference
being: First, for those operations in support of U.S. Government-
sponsored activities; second, for those operations in support of
government-sponsored activities of a foreign country with the support
of a U.S. Government department, agency, or instrumentality; and third,
for all other operations.
    (d) Emergency situations. In an emergency that requires immediate
decision and action for the safety of the flight, the pilot in command
of an aircraft may deviate from this section to the extent required by
that emergency. Except for U.S. air carriers and commercial operators
that are subject to the requirements of 14 CFR part 119, 121, 125, or
135, each person who deviates from this section must, within 10 days of
the deviation, excluding Saturdays, Sundays, and Federal holidays,
submit to the responsible Flight Standards office a complete report of
the operations of the aircraft involved in the deviation, including a
description of the deviation and the reasons for it.
    (e) Expiration. This SFAR will remain in effect until October 27,
2021. The FAA may amend, rescind, or extend this SFAR as necessary.
    (f) Definition. For purposes of this section, the Dnipropetrovsk
FIR (UKDV) is defined as that airspace from the surface to unlimited
within the lateral limits in figure 1 to this paragraph (f):
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR16OC20.000

    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
September 24, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-22041 Filed 10-15-20; 8:45 am]
BILLING CODE 4910-13-C


[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]
[Page 14786]
[DOCID:fr29mr07-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ES07-21-000]

Entergy Nuclear Palisades, LLC; Notice of Filing

March 23, 2007.
    Take notice that on March 21, 2007, Entergy Services, Inc. as agent
for its affiliate Entergy Nuclear Palisades, LLC (collectively, Entergy
Palisades) applied to the Commission under section 204 of the Federal
Power Act to issue and sell equity securities and long-term and short-
term debt securities up to a limit of a total of $500 million during
the period beginning on the date Entergy Palisades becomes a public
utility.
    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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    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 online 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 April 2, 2007.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5760 Filed 3-28-07; 8:45 am]

BILLING CODE 6717-01-P