[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Rules and Regulations]
[Pages 73529-73532]
[FR Doc No: 2023-23656]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2014-0225; Amdt. No. 91-331H]
RIN 2120-AL95

Removal of the Prohibition Against Certain Flights in Specified
Areas of the Dnipro Flight Information Region (FIR) (UKDV)

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

ACTION: Final rule.

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SUMMARY: This action removes the current flight prohibition Special
Federal Aviation Regulation (SFAR) for specified areas of the Dnipro
Flight Information Region (FIR) (UKDV). This SFAR, which is scheduled
to expire on October 27, 2023, reflects risks to the safety of U.S.
civil aviation as they existed prior to the Russian Federation's full-
scale invasion of Ukraine in February 2022 and is therefore obsolete.
This action is necessary to alleviate confusion that might otherwise
result from leaving an obsolete rule in the Code of Federal Regulations
(CFR) after its scheduled expiration date of October 27, 2023. FAA
Notice-to-Air-Missions (NOTAM) KICZ A0004/22 remains in effect and
continues to prohibit U.S. civil flight operations in the Lviv (UKLV),
Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs,
as well as the Kyiv Upper Information Region (UIR) (UKBU). NOTAM KICZ
A0004/22, together with NOTAMs KICZ A0003/22 and A0005/22, reflects the
FAA's current assessment of the safety-of-flight risks the Russia-
Ukraine conflict presents to U.S. civil aviation operations.

DATES: This final rule is effective on October 27, 2023.

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

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This action removes the FAA's current flight prohibition SFAR for
specified areas of the Dnipro FIR (UKDV), SFAR No. 113, 14 CFR
91.1607.\1\ SFAR No. 113, Sec.  91.1607, which is scheduled to expire
on October 27, 2023, reflects risks to the safety of U.S. civil
aviation as they existed prior to the Russian Federation's full-scale
invasion of Ukraine in February 2022 and is therefore obsolete. This
action is necessary to alleviate confusion that might otherwise result
from leaving an obsolete rule in the CFR after its scheduled expiration
date of October 27, 2023. NOTAM KICZ A0004/22 remains in effect and
continues to prohibit U.S. civil flight operations in the Lviv (UKLV),
Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs,
as well as the Kyiv UIR (UKBU). NOTAM KICZ A0004/22, together with
NOTAMs KICZ A0003/22 and A0005/22,\2\ reflects the FAA's current
assessment of the safety-of-flight risks the Russia-Ukraine conflict
presents to U.S. civil aviation operations.
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    \1\ In its May 24, 2018, Aeronautical Information Regulation and
Control (AIRAC 1806) publication, the Ukrainian State Air Traffic
Services Enterprise, the air navigation service provider for
Ukraine, renamed the FIR formerly known as the Dnipropetrovsk FIR
(UKDV) the Dnipro FIR (UKDV). This rule uses the current FIR name,
including in historical references to the FIR.
    \2\ NOTAM KICZ A0003/22 prohibits U.S. civil aviation operations
in the Minsk FIR (UMMV), and NOTAM KICZ A0005/22 prohibits U.S.
civil aviation operations in specified areas of the Moscow (UUWV),
Samara (UWWW), and Rostov-na Donu (URRV) FIRs within the 160
nautical miles of the boundaries of those FIRs and the Ukrainian-
managed FIRs described in NOTAM KICZ A0005/22.
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II. Authority and Good Cause

A. Authority

    The FAA is responsible for the safety of flight in the U.S. and for
the safety of U.S. civil operators, U.S.-registered civil aircraft, and
U.S.-certificated airmen throughout the world. Sections 106(f) and (g)
of title 49, U.S. Code (U.S.C.), subtitle I, establish the FAA
Administrator's authority to issue rules on aviation safety. Subtitle
VII of title 49, Aviation Programs, describes in more detail the scope
of the agency's authority. Section 40101(d)(1) provides that the
Administrator shall consider in the public interest, among other
matters, assigning, maintaining, and enhancing safety and security as
the highest priorities in air commerce. Section 40105(b)(1)(A) requires
the Administrator to exercise this authority consistently with the
obligations of the U.S. Government under international agreements.
    The FAA is promulgating this rule under the authority described in
49 U.S.C. 44701, General requirements. Under that section, the FAA is
charged broadly with promoting safe flight of civil aircraft in air
commerce by prescribing, among other things, regulations and minimum
standards for practices, methods, and procedures that the Administrator
finds necessary for safety in air commerce and national security.
    This regulation is within the scope of the FAA's authority because
it removes an obsolete flight prohibition that prohibits the persons
described in paragraph (a) of SFAR No. 113, Sec.  91.1607, from
conducting flight operations in specified areas of the Dnipro FIR
(UKDV) only. The February 2022 full-scale Russian invasion of Ukraine
and the ensuing armed conflict between the Russian Federation and
Ukraine significantly expanded the area of unacceptable safety-of-
flight risks to U.S. civil aviation beyond the boundaries of SFAR No.
113, Sec.  91.1607. To address the resulting emergency related to
safety in air commerce, which required immediate action, the FAA
Administrator issued emergency orders, as authorized by 49 U.S.C.
46105(c), in the form of NOTAMs KICZ A0003/22, A0004/22, and A0005/22.
As described in NOTAMs KICZ A0003/22, A0004/22, and A0005/22, these
emergency orders prohibit U.S. civil aviation operations throughout all
of the FIRs managed by Belarus and Ukraine and in specified areas of
certain FIRs managed by the Russian Federation. The FAA has determined
it is not practicable at this time to give preference to a proceeding
to incorporate the flight prohibition contained in NOTAM KICZ A0004/22
into the CFR, because the Russia-

Ukraine conflict and the associated areas of unacceptable safety-of-
flight risks to U.S. civil aviation have yet to stabilize sufficiently.

B. Good Cause for Immediate Adoption

    Section 553(b)(B) of title 5, U.S. Code, authorizes agencies to
dispense with notice and comment procedures for rules when the agency
for ``good cause'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Also, section 553(d)
permits agencies, upon a finding of good cause, to issue rules with an
effective date less than 30 days from the date of publication. In this
instance, the FAA finds good cause to forgo notice and comment and the
delayed effective date because they would be unnecessary.
    This action removes SFAR No. 113, Sec.  91.1607, which only
prohibits U.S. civil aviation operations in specified areas of the
Dnipro FIR (UKDV) and is scheduled to expire on October 27, 2023. As
previously described, the February 2022 full-scale Russian invasion of
Ukraine and the ensuing armed conflict between the Russian Federation
and Ukraine significantly expanded the area of unacceptable safety-of-
flight risks to U.S. civil aviation, leading the FAA to issue NOTAMs
KICZ A0003/22, A0004/22, and A0005/22 to address the resulting
emergency related to safety in air commerce. NOTAM KICZ A0004/22
prohibits U.S. civil aviation operations in all of the FIRs managed by
Ukraine, including the specified areas of the Dnipro FIR (UKDV) in
which SFAR No. 113, Sec.  91.1607, prohibits U.S. civil aviation
operations. NOTAM KICZ A0004/22 remains in effect until modified,
superseded, or rescinded by the FAA.
    Leaving SFAR No. 113, Sec.  91.1607, in the CFR after its scheduled
expiration date of October 27, 2023, might confuse the regulated
community. Therefore, to alleviate the potential for confusion, the FAA
is removing SFAR No. 113, Sec.  91.1607. This action is ministerial in
nature as it is only removing an expired provision from the CFR and has
no substantive effect on the public.
    For the reasons previously described, the FAA finds that providing
notice and seeking public comment under 5 U.S.C. 553(b)(B) are
unnecessary. For the same reasons, the FAA finds that good cause exists
under 5 U.S.C. 553(d) for making this rule effective in less than 30
days. Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.

III. Background and Discussion of the Final Rule

    On April 25, 2014, the FAA published SFAR No. 113, Sec.  91.1607,
which initially prohibited certain flight operations in a portion of
the Simferopol FIR (UKFV) after Russia unlawfully seized Crimea from
Ukraine.\3\ In the months that followed, the ensuing violence and the
associated safety-of-flight risks to U.S. civil aviation expanded to
encompass the entirety of the Simferopol and Dnipro FIRs (UKFV and
UKDV, respectively). Tragically, Malaysia Airlines Flight 17 (MH 17)
was shot down on July 17, 2014, while flying over Ukraine at 33,000
feet, just west of the Russian border. All of the 298 passengers and
crew on board MH 17 perished.
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    \3\ Prohibition Against Certain Flights in the Simferopol (UKFV)
Flight Information Region (FIR) final rule, 79 FR 22862 (Apr. 25,
2014).
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    The FAA determined the use of weapons capable of targeting and
shooting down aircraft flying on civil air routes at cruising altitudes
posed a dangerous threat to U.S. civil aviation operating in the
Simferopol and Dnipro FIRs (UKFV and UKDV, respectively). On July 18,
2014, Coordinated Universal Time (UTC), the FAA issued NOTAM FDC 4/
2182, which prohibited U.S. civil aviation operations in the entirety
of the Simferopol and Dnipro FIRs (UKFV and UKDV, respectively). The
FAA subsequently incorporated that flight prohibition into SFAR No.
113, Sec.  91.1607, on December 29, 2014.\4\
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    \4\ Prohibition Against Certain Flights in the Simferopol (UKFV)
and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs) final
rule, 79 FR 77857 (Dec. 29, 2014).
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    In the years that followed, the FAA determined security and safety
conditions had stabilized sufficiently in certain portions of the
Simferopol and Dnipro FIRs (UKFV and UKDV, respectively) for U.S. civil
aviation operations to resume safely.\5\ Most recently, in an October
2021 final rule,\6\ the FAA determined that an unacceptable level of
inadvertent risk to U.S. civil aviation operations remained in the
specified areas of the Dnipro FIR (UKDV), which included the airspace
over and near the line of contact, as it existed at that time, where
most cease-fire violations occurred. Tensions remained elevated, in
part due to the heightened Russian military force posturing in Crimea
and along the Russia-Ukraine border and increases in cease-fire
violations. In addition, the conflict between Ukraine and Russian-back
separatists in eastern Ukraine continued. These circumstances resulted
in continued inadvertent risk to U.S. civil aviation operations due to
the potential for miscalculation or misidentification.
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    \5\ 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
(Oct. 19, 2018); Amendment of the Prohibition Against Certain
Flights in Specified Areas of the Simferopol and Dnipropetrovsk
Flight Information Regions (FIRs) (UKFV and UKDV) final rule, 85 FR
65678 (Oct. 16, 2020); and Extension of the Prohibition Against
Certain Flights in Specified Areas of the Dnipro Flight Information
Region (FIR) (UKDV) final rule, 86 FR 55485 (Oct. 6, 2021).
    \6\ Extension of the Prohibition Against Certain Flights in
Specified Areas of the Dnipro Flight Information Region (FIR) (UKDV)
final rule, 86 FR 55485 (Oct. 6, 2021).
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    The February 2022 full-scale Russian invasion of Ukraine greatly
expanded the area of unacceptable safety-of-flight risks to U.S. civil
aviation to include the entirety of Ukrainian territorial airspace, as
well as the international airspace of all of the FIRs managed by
Ukraine. On February 24, 2022, the FAA issued NOTAM KICZ A0004/22,
prohibiting U.S. civil aviation operations in all of the FIRs managed
by Ukraine at all altitudes.
    The FAA has determined the situation in all of the FIRs managed by
Ukraine continues to pose an unacceptable level of risk for U.S. civil
aviation safety. Conflict-related risks affecting civil aviation in
these FIRs include near-daily attacks using weaponized unmanned
aircraft systems (UAS), cruise missiles, and attack helicopters,
resulting in the increased defensive use of advanced surface-to-air
missile systems and electronic warfare. The Russian Federation has
demonstrated its continuing capability and intent to use standoff
strike capabilities to engage targets throughout Ukraine, including the
capital, Kyiv, and Lviv, located in western Ukraine near the border
with Poland. In June 2023, Ukraine launched its anticipated
counteroffensive in eastern and southern Ukraine, prompting increased
Russian standoff attacks to put pressure on the Ukrainian government.
The protracted conflict is expected to continue in the near to mid-
term, despite minimal changes in territorial control so far as the
Ukraine counteroffensive takes shape. It remains unclear when and how
the conflict, and the associated areas of unacceptable safety-of-flight
risks to U.S. civil aviation, may eventually stabilize. Under these
circumstances, the FAA has determined it is not practicable to give
preference to a proceeding to incorporate the flight prohibition
contained in NOTAM KICZ A0004/22 into the CFR at this time.
    The current version of SFAR No. 113, Sec.  91.1607, which only
prohibits U.S. civil aviation operations in specified

areas of the Dnipro FIR (UKDV) and which the FAA issued prior to the
February 2022 full-scale Russian invasion of Ukraine, does not reflect
the area in which the FAA has determined unacceptable safety-of-flight
risks to U.S. civil aviation currently exist as a result of the Russia-
Ukraine conflict. Leaving this obsolete rule in the CFR after its
scheduled expiration date of October 27, 2023, has the potential to
confuse the regulated community about the FAA's flight prohibition
posture with respect to U.S. civil aviation operations in the FIRs
managed by Ukraine. Therefore, the FAA is removing SFAR No. 113, Sec.
91.1607 from the CFR. NOTAM KICZ A0004/22 remains in effect and
continues to prohibit U.S. civil aviation operations in the Lviv
(UKLV), Kyiv (UKBV), Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV)
FIRs, as well as the Kyiv Upper Information Region (UIR).\7\
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    \7\ NOTAMS KICZ A0003/22 and A0005/22 also remain in effect.
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    The FAA will continue to closely monitor the conflict for changes
in the risk environment as it relates to the safety and security of
U.S. civil aviation.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Orders 12866 and 13563, as amended by Executive Order 14094
(``Modernizing Regulatory Review''), direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as codified in
5 U.S.C. 603 et seq., requires agencies to analyze the economic impact
of regulatory changes on small entities. Third, the Trade Agreements
Act of 1979 (Pub. L. 96-39), as codified in 19 U.S.C. Chapter 13,
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Agreements Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or Tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    In conducting these analyses, the FAA has determined this final
rule has benefits that justify its costs. This rule is a nonsignificant
significant regulatory action, as defined in section 3(f) of Executive
Order 12866 as amended by Executive Order 14094. As 5 U.S.C. 553 does
not require notice and comment for this final rule, 5 U.S.C. 603 and
604 do not require regulatory flexibility analyses regarding impacts on
small entities. This rule will not create unnecessary obstacles to the
foreign commerce of the United States. This rule will not impose an
unfunded mandate on State, local, or Tribal governments, or on the
private sector, by exceeding the threshold identified previously.

A. Regulatory Evaluation

    This rule removes the flight prohibition SFAR for specified areas
of the Dnipro FIR (UKDV). Given that the Russia-Ukraine conflict and
the associated areas of unacceptable safety-of-flight risks to U.S.
civil aviation have yet to stabilize sufficiently, the FAA has
determined it is not practicable to give preference to a proceeding to
incorporate the flight prohibition contained in NOTAM KICZ A0004/22
into the CFR at this time. To avoid the potential confusion that
leaving the obsolete flight prohibition in the CFR after its scheduled
expiration date might cause, the FAA is removing SFAR No. 113, Sec.
91.1607.
    U.S. civil flight operations in the Lviv (UKLV), Kyiv (UKBV),
Dnipro (UKDV), Simferopol (UKFV), and Odesa (UKOV) FIRs, as well as the
Kyiv UIR (UKBU), remain prohibited by NOTAM KICZ A0004/22. Accordingly,
the removal of SFAR No. 113, Sec.  91.1607, which prohibits U.S. civil
aviation operations in airspace fully encompassed within the much
larger area of airspace in which NOTAM KICZ A0004/22 prohibits U.S.
civil aviation operations, has no incremental costs. This rule
alleviates the potential for confusion amongst the regulated community.

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.
    This rule removes an existing prohibition on U.S. civil aviation
operations in specified areas of the Dnipro FIR (UKDV), a location
outside the United States, that is scheduled to expire on October 27,
2023. As this rule relates to a location outside the United States, 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 $177 million in lieu of $100
million.
    This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA to consider the impact of paperwork and other information
collection burdens it imposes on the public. The FAA has

determined no new requirement for information collection is associated
with this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, the FAA's policy is to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined no ICAO Standards and Recommended Practices correspond to
this regulation. The FAA finds this action is fully consistent with the
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure the FAA exercises
its duties consistently with the obligations of the United States under
international agreements.

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.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132. The agency has determined this action will not
have a substantial direct effect on the States, or the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, this rule will not have federalism implications.

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

    The FAA analyzed this rule under Executive Order 13211. The agency
has determined it is not a ``significant energy action'' under the
executive order and will not be likely to have a significant adverse
effect on the supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609 promotes international regulatory cooperation
to meet shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609 and has determined that this action will have no
effect on international regulatory cooperation.

VI. Additional Information

A. Electronic Access

    Except for classified and controlled unclassified material not
authorized for public release, all documents the FAA considered in
developing this rule, including economic analyses and technical
reports, may be accessed from the internet through the docket for this
rulemaking.
    Those documents may be viewed online at https://www.regulations.gov
using the docket number listed above. A copy of this rule will be
placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website
at https://www.govinfo.gov. A copy may also be found at the FAA's
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.

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).

Sec.  91.1607  [Reserved]

0
2. Remove and reserve Sec.  91.1607.

    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).
Polly E. Trottenberg,
Acting Administrator.
[FR Doc. 2023-23656 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Proposed Rules]
[Pages 50671-50672]
[FR Doc No: 2012-20613]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 544

[Docket No. NHTSA-2012-0096]
RIN 2127-AL22

Withdrawal of Proposed Rule on Insurer Reporting Requirements;
List of Insurers Required To File Reports

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Withdrawal of proposed rule.

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SUMMARY: This document withdraws a proposed rule published on May 14,
2012, that was intended to implement the requirements contained in
Title 49 U.S.C. 33112 of the Insurer Reporting Requirements. This
proposed rule required insurers to file reports on their motor vehicle
theft loss experiences. An insurer included in any of the appendices
that appeared in the proposed rule would be required to file three
copies of its report for the 2009 calendar year before October 25,
2012. If the passenger motor vehicle insurers remain listed, they would
submit reports by each subsequent October 25. Congress subsequently
repealed Title 49 U.S.C. 33112 of the Insurer Reporting Requirements.

DATES: The proposed rule is withdrawn as of August 22, 2012.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue SE., Washington, DC 20590, or by electronic mail to
<EMAIL_ADDRESS>Ms. Ballard's telephone number is (202) 366-
5222. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Congress enacted the Motor Vehicle Theft Law
Enforcement Act of 1984 (Pub. L. 98-547). This legislation added a new
Title VI to the Motor Vehicle Information and Cost Savings Act which
required the Department of Transportation to promulgate a Theft
Prevention Standard for selected passenger cars exhibiting high theft
rates. Pursuant to Title 49 U.S.C., Section 33112, Insurer reports and
information, NHTSA requires certain passenger motor vehicle insurers to
file an annual report with the agency. Each insurer's report includes
information about thefts and recoveries of motor vehicles, the rating
rules used by the insurer to establish premiums for comprehensive
coverage, the actions taken by the insurer to reduce such premiums, and
the actions taken by the insurer to reduce or deter theft. Under the
agency's regulation, 49 CFR Part 544, the following insurers are
subject to the reporting requirements:
    (1) Issuers of motor vehicle insurance policies whose total
premiums account for 1 percent or more of the total premiums of motor
vehicle insurance issued within the United States;
    (2) Issuers of motor vehicle insurance policies whose premiums
account for 10 percent or more of total premiums written within any one
state; and
    (3) Rental and leasing companies with a fleet of 20 or more
vehicles not covered by theft insurance policies issued by insurers of
motor vehicles, other than any governmental entity.
    Section 33112(f)(2) provided that the agency shall exempt small
insurers of passenger motor vehicles if NHTSA found that such
exemptions would not significantly affect the validity or usefulness of
the information in the reports, either nationally or on a state-by-
state basis. The term ``small insurer'' is defined, in Section
33112(f)(1)(A) and (B), as an insurer whose premiums for motor vehicle
insurance issued directly or through an affiliate, including pooling
arrangements established under state law or regulation for the issuance
of motor vehicle insurance, account for less than 1 percent of the
total premiums for all forms of motor vehicle insurance issued by
insurers within the United States. However, that section also
stipulated that if an insurance company satisfied this definition of a
``small insurer,'' but accounted for 10 percent or more of the total
premiums for all motor vehicle insurance issued in a particular state,
the insurer must report about its operations in that state.

    Section 33112 established requirements that motor vehicle insurers
and rental and leasing companies submit information to NHTSA on their
actions to prevent or discourage the theft of motor vehicles that are
stolen for the purpose of removing certain parts; to prevent or
discourage the sale in interstate commerce of used parts that are
removed from those vehicles; and to help reduce the cost to consumers
of comprehensive insurance coverage for motor vehicles. Section 33112
required insurers and rental and leasing companies to provide motor
vehicle theft and recovery information in a form consistent with
requirements set forth in regulations promulgated by the Secretary of
Transportation.
    Congress repealed Title 49 U.S.C., Section 33112 Insurer reports
and information, effective October 1, 2012. Accordingly, the proposed
rule to implement the requirements contained in Section 33112,
published on May 14, 2012, at 77 FR 28343, entitled Insurer Reporting
Requirements; List of Insurers Required to File Reports, is hereby
withdrawn.

    Issued on: August 17, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-20613 Filed 8-21-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20172-20174]
[FR Doc No: 2021-07837]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0275]

Morphine Milligram Equivalents: Current Applications and
Knowledge Gaps, Research Opportunities, and Future Directions; Public
Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the following public workshop entitled ``Morphine Milligram
Equivalents: Current Applications and Knowledge Gaps, Research
Opportunities, and Future Directions.'' The purpose of the workshop is
to bring stakeholders together to discuss the scientific basis of
morphine milligram equivalents (MMEs) with the goals of providing an
understanding of the science and data underlying existing MME
calculations for opioid analgesics, discussing the gaps in these data,
and discussing future directions to refine and improve the scientific
basis of MME applications.

DATES: The public workshop will be held virtually and via webcast on
June 7 and 8, 2021, from 9 a.m. to 5 p.m. Eastern Time each day. Submit
either electronic or written comments on this public workshop by August
9, 2021. See the SUPPLEMENTARY INFORMATION section for registration
date and information.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this public workshop via an
online teleconferencing platform.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before August 9, 2021. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. Eastern
Time at the end of August 9, 2021. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:

     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-0275 for ``Morphine Milligram Equivalents: Current
Applications and Knowledge Gaps, Research Opportunities, and Future
Directions; Public Workshop; Request for Comments.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure laws. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kimberly Compton, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 3168, Silver Spring, MD 20993-0002, 301-
796-1191<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Opioid analgesics vary in analgesic efficacy and potential for
harm. MMEs or other similar conversion factors are used often to
quantify potency across opioids, usually compared to oral morphine. MME
tables were originally developed as an adjunct to clinical judgment to
inform starting doses when switching patients between different opioid
analgesics. However, MMEs are increasingly being used to indicate abuse
and overdose potential and to set thresholds for prescribing and
dispensing of opioid analgesics. FDA is convening this public workshop
to discuss the current landscape and science underlying MMEs and their
uses.

II. Topics for Discussion at the Public Workshop

    This public workshop will provide: (1) An overview of the landscape
of MMEs, starting with a historical perspective of how MMEs were
originally developed and intended to be used; (2) the data informing
published resources on MMEs; (3) the development and intended use of
commonly-referenced sources, such as the Centers for Disease Control
and Prevention's resources; (4) the current uses of MMEs and gaps in
knowledge; and (5) future directions to refine and improve the
scientific basis of MME applications.

III. Participating in the Public Workshop

    Registration: To register for the public workshop, please visit the
following website to register: https://morphinemilligramequivalent.eventbrite.com. Please provide complete
contact information for each attendee, including name, title,
affiliation, address, email, and telephone. Registration is free.
    If you need special accommodations due to a disability, please
contact Kimberly Compton (see FOR FURTHER INFORMATION CONTACT) no later
than May 17, 2021.
    Requests for Oral Presentations: During online registration you may
indicate if you wish to present during the public comment session.
Submit a brief statement of the topic you wish to address and the names
and addresses of proposed participants. We will do our best to
accommodate requests to make public comments. Individuals and
organizations with common interests are urged to consolidate or
coordinate their presentations and request time for a joint
presentation. All requests to make oral presentations must be received
by May 24, 2021. We will determine the amount of time allotted to each
presenter and the approximate time each oral presentation is to begin
and will select and notify participants by May 31, 2021. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled public comment session, FDA may conduct a lottery
to determine the speakers for the scheduled public comment session. If
selected for presentation, any presentation materials must be emailed
to Kimberly Compton (see FOR FURTHER INFORMATION CONTACT) no later than
June 3, 2021. No commercial or promotional material

will be permitted to be presented or distributed at the public
workshop.
    Streaming Webcast of the Public Workshop: This public workshop will
be webcast. Additional information will be made available regarding
accessing the webcast before the public workshop at https://morphinemilligramequivalent.eventbrite.com and at https://www.fda.gov/drugs/news-events-human-drugs/morphine-milligram-equivalents-current-applications-and-knowledge-gaps-research-opportunities-and. All other
meeting materials, including agenda, will be available before the
workshop at https://www.fda.gov/drugs/news-events-human-drugs/morphine-milligram-equivalents-current-applications-and-knowledge-gaps-research-opportunities-and.
    If you have never attended a Connect Pro event before, test your
connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program,
visit https://www.adobe.com/go/connectpro_overview. FDA has verified
the website addresses in this document, as of the date this document
publishes in the Federal Register, but websites are subject to change
over time.
    Transcripts: Please be advised that as soon as a transcript of the
public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(see ADDRESSES). A link to the transcript will also be available on the
internet at https://www.fda.gov/drugs/news-events-human-drugs/morphine-milligram-equivalents-current-applications-and-knowledge-gaps-research-opportunities-and.

    Dated: April 12, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-07837 Filed 4-15-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Page 37938]
[FR Doc No: 2019-16523]

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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:
    Rule 477, SEC File No. 270-493, OMB Control No. 3235-0550

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 477 (17 CFR 230.477) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) sets forth procedures for withdrawing a
registration statement, including any amendments or exhibits to the
registration statement. The rule provides that if an issuer intends to
rely on the safe harbor contained in Securities Act Rule 155 to conduct
an unregistered private offering of securities, the issuer must
affirmatively state in the withdrawal application that it plans to
undertake a subsequent private offering of its securities. Without this
statement, the Commission would not be able to monitor a company's
reliance on, and compliance with, Securities Act Rule 155(c). We
estimate that approximately 327 issuers will file Securities Act Rule
477 submissions annually at an estimated one hour per response for a
total annual burden of approximately 327 hours.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the 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 unless it displays a
currently valid control number.
    Please direct your written comments to Charles Riddle, Acting
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_ADDRESS>
    Dated: July 30, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16523 Filed 8-1-19; 8:45 am]
BILLING CODE 8011-01-P