81 FR 94958 - Extension of the Prohibition Against Certain Flights Within the Damascus (OSTT) Flight Information Region (FIR)
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 248 (December 27, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 94958-94961 | |
| FR Document | 2016-31237 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Rules and Regulations] [Pages 94958-94961] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31237] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No. FAA-2014-0708; Amendment No. 91-334A] RIN 2120-AK93 Extension of the Prohibition Against Certain Flights Within the Damascus (OSTT) Flight Information Region (FIR) AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action extends the prohibition of certain flight operations in the Damascus (OSTT) Flight Information Region (FIR) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA finds that this action continues to be necessary to address a potential hazard to persons and aircraft engaged in such flight operations. DATES: This final rule is effective on December 30, 2016. FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation Division, AFS-220, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8166; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Executive Summary This action continues the prohibition against certain flight operations in the [[Page 94959]] Damascus (OSTT) Flight Information Region (FIR) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA finds this action necessary to address a continuing hazard to persons and aircraft engaged in such flight operations. This rule extends SFAR No. 114, Sec. 91.1609, (SFAR 114) from December 30, 2016, to December 30, 2018. II. Authority and Good Cause A. Legal Authority The FAA is responsible for the safety of flight in the United States and for the safety of U.S. civil operators, U.S.-registered civil aircraft, and U.S.-certificated airmen throughout the world. The FAA's authority to issue rules on aviation safety is found in title 49 of the U.S. Code. Subtitle I, section 106(f), describes the authority of the FAA Administrator. Subtitle VII of title 49, Aviation Programs, describes in more detail the scope of the agency's authority. Section 40101(d)(1) provides that the Administrator shall consider in the public interest, among other matters, assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce. Section 40105(b)(1)(A) requires the Administrator to exercise his authority consistently with the obligations of the U.S. Government under international agreements. This SFAR is promulgated under the authority described in Title 49, Subtitle VII, Part A, Subpart III, section 44701, General requirements. Under that section, the FAA is charged broadly with promoting safe flight of civil aircraft in air commerce by prescribing, among other things, regulations and minimum standards for practices, methods, and procedures that the Administrator finds necessary for safety in air commerce and national security. This regulation is within the scope of that authority because it continues the prohibition against certain flight operations in the OSTT FIR due to the hazard to persons and aircraft engaged in such flight operations that is described in the Background section of 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.'' In this instance, the FAA finds that notice and public comment to this final rule, as well as any delay in the effective date of this rule, are contrary to the public interest due to the immediate need to address the continuing hazard to civil aviation that exists in the Damascus (OSTT) FIR, as described in the Background section of this final rule. III. Background The significant threat identified when the FAA first published SFAR 114 to civil aviation operating in the Damascus (OSTT) FIR continues due to the presence of anti-aircraft weapons controlled by non-state actors, threats made by the extremist groups, de-confliction concerns, and ongoing military fighting. Flight safety risks associated with a lack of de-confliction between various military forces conducting operations in Syria and civil aviation, as identified in the original prohibition, also continue unabated. Due to the presence of foreign national military forces and non- state actors operating in Syria, the FAA has determined that safety of flight continues to be a serious safety concern for U.S. civil aviation flight operations in the Damascus (OSTT) FIR. There are multiple extremist groups, known to be equipped with a variety of anti-aircraft weapons including radar-guided surface-to-air missiles (SAMs) and man- portable air defense systems (MANPADs), which have the capability to threaten civil aircraft. Syrian and Russian military aircraft have been shot down during the course of the current conflict and these groups have previously warned civilian air carriers against operating within (or providing service to) Syria. In 2015 and in support of the Asad regime, Russia began conducting military operations using fighter and bomber aircraft and employed advanced cruise missiles. These operations further increase the risk to civilian flight operations within the Damascus (OSTT) FIR. The FAA continues to assess the situation in the Damascus (OSTT) FIR and believes there is a significant threat to civil aviation operating in the Damascus (OSTT) FIR at all altitudes due to the presence of anti-aircraft weapons controlled by non-state actors, threats made by the extremist groups, de-confliction concerns, and ongoing military fighting. Due to the continuation of the previously described hazards to U.S. civil aviation operations, the FAA is extending the expiration date of SFAR No. 114, Sec. 91.1609, from December 30, 2016 to December 30, 2018, to maintain the prohibition on flight operations in the Damascus (OSTT) FIR by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA will continue to actively monitor the situation and, based on evaluations, determine the extent U.S. civil operators may be able to safely operate in the Damascus (OSTT) FIR in the future. Amendments to this SFAR No. 114, Sec. 91.1609, may be appropriate if the risk to aviation safety and security changes. Thus, the FAA may amend or rescind this SFAR No. 114, Sec. 91.1609, as necessary prior to its expiration date. Because the circumstances described herein warrant a continuation of the flight restrictions imposed by SFAR 114, I find that notice and public comment under 5 U.S.C. 553(b)(3)(B) are impracticable and contrary to the public interest. I also find that this action is fully consistent with the obligations under 49 U.S.C. 40105 to ensure that I exercise my duties consistently with the obligations of the United States under international agreements. IV. Regulatory Notices and Analyses Changes to Federal regulations must undergo several economic analyses. First, Executive Orders 12866 and 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39), as amended, 19 U.S.C. Chapter 13, prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Agreements Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by [[Page 94960]] State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. In conducting these analyses, FAA has determined this final rule has benefits that justify its costs. This rule is a significant regulatory action as defined in section 3(f) of Executive Order 12866, as it raises novel policy issues contemplated under that Executive Order; further, this rule is ``significant'' as defined in DOT's Regulatory Policies and Procedures. This rule will not have a significant economic impact on a substantial number of 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 above. A. Regulatory Evaluation Department of Transportation (DOT) Order 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the costs and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows. For SFAR No. 114, Sec. 91.1609, the FAA determined that incremental costs were minimal for U.S. operators of large transport category airplanes (four part 121 operators and two part 125M operators) because they had voluntarily ended their overflights in March, 2011, before the FAA's August 18, 2014 issuance of FDC NOTAM 4/ 4936. The FAA also determined that the incremental costs of SFAR No. 114 were minimal for about 15 ``on-demand'' large carriers (part 121 and part 121/135) and about 75 small ``on-demand'' operators (parts 135, 125, 125M, and 91K). These operators had previously flown into and out of Syria or conducted overflights in the OSTT FIR. But because of sanctions imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the ongoing conflict, the FAA believed that few, if any, of these ``on-demand'' operators were still operating in the OSTT FIR immediately before the FAA issued FDC NOTAM 4/4936. Due to significant and increased hostilities, and because the OFAC sanctions remain in place, the reasons for the FAA's previous finding of minimal cost for SFAR No. 114 remain unchanged. Therefore, the FAA finds that the incremental cost of the SFAR No. 114 extension will be minimal. B. Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, ``RFA''), 5 U.S.C. 601 et seq., establishes ``as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.'' The RFA covers a wide-range of small entities, including small businesses, not- for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, 5 U.S.C. 605(b) provides that the head of the agency may so certify and a regulatory flexibility analysis will not be required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. Prior to the hostilities leading to the earlier published SFAR No. 114, Sec. 91.1609, there were many small entities conducting operations through the now restricted airspace. After the FAA published SFAR No. 114, Sec. 91.1609, the FAA received no request to use this airspace. Given no requests have occurred, the FAA believes the earlier determination of minimal cost is accurate. Thus, extending the airspace restriction will not impose a significant economic impact. Therefore, as provided in Sec. 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended, prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to this Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the effect of this final rule and determined that its purpose is to protect the safety of U.S. civil aviation from a hazard outside the U.S. Therefore, the rule is in compliance with the Trade Agreements Act. D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ``significant regulatory action.'' The FAA currently uses an inflation-adjusted value of $155.0 million in lieu of $100 million. This final rule does not contain such a mandate. Therefore, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule. F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO [[Page 94961]] Standards and Recommended Practices that correspond to this regulation. 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. Further, following the downing of Malaysian Airlines Flight 17, there is increased attention in the international community and ICAO to conflict-related threats to civil aircraft. Foreign air carriers and other foreign operators may choose to avoid, or be advised/directed by their civil aviation authorities to avoid, airspace for which the FAA has issued a flight prohibition. G. Environmental Analysis FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act (NEPA) in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5-6.6f of this order and involves no extraordinary circumstances. The FAA has reviewed the implementation of this SFAR and determined it is categorically excluded from further environmental review according to FAA Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' paragraph 5-6.6f. The FAA has examined possible extraordinary circumstances and determined that no such circumstances exist. After careful and thorough consideration of the action, the FAA finds that this Federal action does not require preparation of an Environmental Assessment or Environmental Impact Statement in accordance with the requirements of NEPA, Council on Environmental Quality (CEQ) regulations, and FAA Order 1050.1F. V. Executive Order Determinations A. Executive Order 13132, ``Federalism'' The FAA has analyzed this immediately adopted final rule under the principles and criteria of Executive Order 13132, ``Federalism.'' The agency has determined that this action 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, and, therefore, does not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, ``Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use'' (May 18, 2001). The agency has determined that it is not a ``significant energy action'' under the executive order, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. C. Executive Order 13609, Promoting International Regulatory Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation. VI. Additional Information A. Availability of Rulemaking Documents An electronic copy of a rulemaking document may be obtained by using the Internet--Searching the Federal eRulemaking Portal (http://www.regulations.gov); Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or Accessing the Government Publishing Office's Web page at http://www.fdsys.gov. Copies may also be obtained by sending a request (identified by docket or amendment number of the rule) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. Except for classified material, all documents the FAA considered in developing this rule, including economic analyses and technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced above. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the person listed under the For Further Information Contact section at the beginning of the preamble. You can find out more about SBREFA on the Internet at: 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, Syria. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of Title 14, Code of Federal Regulations, as follows: PART 91--GENERAL OPERATING AND FLIGHT RULES 0 1. The authority citation for part 91 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534, articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). 0 2. Revise Sec. 91.1609, paragraph (e), to read as follows: Sec. 91.1609 Special Federal Aviation Regulation No. 114-- Prohibition Against Certain Flights in the Damascus (OSTT) Flight Information Region (FIR). * * * * * (e) Expiration. This SFAR will remain in effect until December 30, 2018. The FAA may amend, rescind, or extend this SFAR No. 114, Sec. 91.1609, as necessary. Issued under authority provided by 49 U.S.C. 106(f), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), in Washington, DC, on December 19, 2016. Michael P. Huerta, Administrator. [FR Doc. 2016-31237 Filed 12-23-16; 8:45 am] BILLING CODE 4910-13-P
![94958 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
PART 39—AIRWORTHINESS send your request to your principal inspector Lind Avenue SW., Renton, WA. For
DIRECTIVES or local Flight Standards District Office, as information on the availability of this
appropriate. If sending information directly material at the FAA, call 425–227–1221.
■ 1. The authority citation for part 39 to the manager of the ACO, send it to the (5) You may view this service information
continues to read as follows: attention of the person identified in that is incorporated by reference at the
paragraph (i) of this AD. Information may be National Archives and Records
Authority: 49 U.S.C. 106(g), 40113, 44701. emailed to: 9-ANM-Seattle-ACO-AMOC- Administration (NARA). For information on
Requests@faa.gov. the availability of this material at NARA, call
§ 39.13 [Amended] (2) Before using any approved AMOC, 202–741–6030, or go to: http://
■ 2. The FAA amends § 39.13 by adding notify your appropriate principal inspector, www.archives.gov/federal-register/cfr/ibr-
the following new airworthiness or lacking a principal inspector, the manager locations.html.
directive (AD): of the local flight standards district office/
Issued in Renton, Washington, on
certificate holding district office.
2016–25–29 The Boeing Company: December 9, 2016.
(3) An AMOC that provides an acceptable
Amendment 39–18755; Docket No. level of safety may be used for any repair, Dionne Palermo,
FAA–2016–8850; Directorate Identifier modification, or alteration required by this Acting Manager, Transport Airplane
2016–NM–031–AD. AD if it is approved by the Boeing Directorate, Aircraft Certification Service.
(a) Effective Date Commercial Airplanes Organization [FR Doc. 2016–30278 Filed 12–23–16; 8:45 am]
Designation Authorization (ODA) that has
This AD is effective January 31, 2017. BILLING CODE 4910–13–P
been authorized by the Manager, Seattle
(b) Affected ADs ACO, to make those findings. To be
None. approved, the repair method, modification
DEPARTMENT OF TRANSPORTATION
deviation, or alteration deviation must meet
(c) Applicability the certification basis of the airplane, and the
Federal Aviation Administration
This AD applies to The Boeing Company approval must specifically refer to this AD.
Model 767–200 and –300 series airplanes, (4) For service information that contains
steps that are labeled as Required for 14 CFR Part 91
certificated in any category, as identified in
Boeing Special Attention Service Bulletin Compliance (RC), the provisions of [Docket No. FAA–2014–0708; Amendment
767–25–0550, dated January 30, 2015. paragraphs (h)(4)(i) and (h)(4)(ii) of this AD No. 91–334A]
apply.
(d) Subject (i) The steps labeled as RC, including RIN 2120–AK93
substeps under an RC step and any figures
Air Transport Association (ATA) of Extension of the Prohibition Against
identified in an RC step, must be done to
America Code 25; Equipment/furnishings.
comply with the AD. An AMOC is required Certain Flights Within the Damascus
(e) Unsafe Condition for any deviations to RC steps, including (OSTT) Flight Information Region (FIR)
This AD was prompted by a report of a fire substeps and identified figures.
(ii) Steps not labeled as RC may be AGENCY: Federal Aviation
in the bilge area of the cargo compartment
that burned through the insulation blankets deviated from using accepted methods in Administration (FAA), Department of
that were intended to prevent smoke from accordance with the operator’s maintenance Transportation (DOT).
migrating behind the cargo compartment or inspection program without obtaining ACTION: Final rule.
sidewall liners and upward into the main approval of an AMOC, provided the RC steps,
cabin. We are issuing this AD to prevent a including substeps and identified figures, can SUMMARY: This action extends the
fire in the bilge area of the cargo still be done as specified, and the airplane prohibition of certain flight operations
compartment burning through the insulation can be put back in an airworthy condition. in the Damascus (OSTT) Flight
blankets and consequently allowing smoke to (i) Related Information Information Region (FIR) by all U.S. air
migrate behind the cargo compartment carriers; U.S. commercial operators;
sidewall liners and upward into the main For more information about this AD,
contact Francis Smith, Aerospace Engineer, persons exercising the privileges of a
cabin.
Cabin Safety & Environmental Control U.S. airman certificate, except when
(f) Compliance Systems, ANM–150S, FAA, Seattle ACO, such persons are operating a U.S.-
Comply with this AD within the 1601 Lind Avenue SW., Renton, WA 98057– registered aircraft for a foreign air
compliance times specified, unless already 3356; phone: 425–917–6596; fax: 425–917– carrier; and operators of U.S.-registered
done. 6590; email: francis.smith@faa.gov. civil aircraft, except when such
(g) Insulation Blanket Replacement (j) Material Incorporated by Reference operators are foreign air carriers. The
Within 36 months after the effective date (1) The Director of the Federal Register FAA finds that this action continues to
of this AD: Replace the cargo compartment approved the incorporation by reference be necessary to address a potential
insulation blankets on the left and right sides (IBR) of the service information listed in this hazard to persons and aircraft engaged
between stringers 29 and 33 with new paragraph under 5 U.S.C. 552(a) and 1 CFR in such flight operations.
insulation blankets that incorporate fire part 51. DATES: This final rule is effective on
stops, in accordance with the (2) You must use this service information December 30, 2016.
Accomplishment Instructions of Boeing as applicable to do the actions required by
Special Attention Service Bulletin 767–25– this AD, unless the AD specifies otherwise. FOR FURTHER INFORMATION CONTACT:
0550, dated January 30, 2015. For Groups 1 (i) Boeing Special Attention Service Michael Filippell, Air Transportation
through 4, Configurations 1 and 2, airplanes Bulletin 767–25–0550, dated January 30, Division, AFS–220, Flight Standards
identified in Boeing Special Attention 2015. Service, Federal Aviation
Service Bulletin 767–25–0550, dated January (ii) Reserved. Administration, 800 Independence
asabaliauskas on DSK3SPTVN1PROD with RULES
30, 2015, no action is required by this AD. (3) For service information identified in Avenue SW., Washington, DC 20591;
this AD, contact Boeing Commercial telephone: 202–267–8166; email:
(h) Alternative Methods of Compliance Airplanes, Attention: Contractual & Data
(AMOCs) Michael.e.filippell@faa.gov.
Services (C&DS), 2600 Westminster Blvd.,
(1) The Manager, Seattle Aircraft MC 110–SK57, Seal Beach, CA 90740–5600; SUPPLEMENTARY INFORMATION:
Certification Office (ACO), FAA, has the telephone 562–797–1717; Internet https:// I. Executive Summary
authority to approve AMOCs for this AD, if www.myboeingfleet.com.
requested using the procedures found in 14 (4) You may view this service information This action continues the prohibition
CFR 39.19. In accordance with 14 CFR 39.19, at FAA, Transport Airplane Directorate, 1601 against certain flight operations in the
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![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94961
Standards and Recommended Practices B. Executive Order 13211, Regulations advice about compliance with statutes
that correspond to this regulation. That Significantly Affect Energy Supply, and regulations within its jurisdiction.
While the FAA’s flight prohibition Distribution, or Use A small entity with questions regarding
does not apply to foreign air carriers, The FAA analyzed this final rule this document may contact its local
DOT codeshare authorizations prohibit under Executive Order 13211, ‘‘Actions FAA official, or the person listed under
foreign air carriers from carrying a U.S. Concerning Regulations that the FOR FURTHER INFORMATION CONTACT
codeshare partner’s code on a flight Significantly Affect Energy Supply, section at the beginning of the preamble.
segment that operates in airspace for Distribution, or Use’’ (May 18, 2001). You can find out more about SBREFA
which the FAA has issued a flight The agency has determined that it is not on the Internet at: http://www.faa.gov/
prohibition. Further, following the a ‘‘significant energy action’’ under the regulations_policies/rulemaking/sbre_
downing of Malaysian Airlines Flight executive order, and it is not likely to act/.
17, there is increased attention in the have a significant adverse effect on the
international community and ICAO to supply, distribution, or use of energy. List of Subjects in 14 CFR Part 91
conflict-related threats to civil aircraft.
Foreign air carriers and other foreign C. Executive Order 13609, Promoting Air traffic control, Aircraft, Airmen,
operators may choose to avoid, or be International Regulatory Cooperation Airports, Aviation safety, Freight, Syria.
advised/directed by their civil aviation Executive Order 13609, Promoting The Amendment
authorities to avoid, airspace for which International Regulatory Cooperation,
the FAA has issued a flight prohibition. (77 FR 26413, May 4, 2012) promotes In consideration of the foregoing, the
G. Environmental Analysis international regulatory cooperation to Federal Aviation Administration
meet shared challenges involving amends chapter I of Title 14, Code of
FAA Order 1050.1F identifies FAA health, safety, labor, security, Federal Regulations, as follows:
actions that are categorically excluded environmental, and other issues and to
from preparation of an environmental reduce, eliminate, or prevent PART 91—GENERAL OPERATING AND
assessment or environmental impact unnecessary differences in regulatory FLIGHT RULES
statement under the National requirements. The FAA has analyzed
Environmental Policy Act (NEPA) in the this action under the policies and ■ 1. The authority citation for part 91
absence of extraordinary circumstances. agency responsibilities of Executive continues to read as follows:
The FAA has determined this Order 13609, and has determined that
rulemaking action qualifies for the Authority: 49 U.S.C. 106(f), 106(g), 1155,
this action would have no effect on 40101, 40103, 40105, 40113, 40120, 44101,
categorical exclusion identified in international regulatory cooperation.
paragraph 5–6.6f of this order and 44111, 44701, 44704, 44709, 44711, 44712,
involves no extraordinary VI. Additional Information 44715, 44716, 44717, 44722, 46306, 46315,
circumstances. 46316, 46504, 46506–46507, 47122, 47508,
A. Availability of Rulemaking 47528–47531, 47534, articles 12 and 29 of the
The FAA has reviewed the Documents
implementation of this SFAR and Convention on International Civil Aviation
determined it is categorically excluded An electronic copy of a rulemaking (61 Stat. 1180), (126 Stat. 11).
from further environmental review document may be obtained by using the
Internet— ■ 2. Revise § 91.1609, paragraph (e), to
according to FAA Order 1050.1F, read as follows:
‘‘Environmental Impacts: Policies and • Searching the Federal eRulemaking
Procedures,’’ paragraph 5–6.6f. The Portal (http://www.regulations.gov); § 91.1609 Special Federal Aviation
FAA has examined possible • Visiting the FAA’s Regulations and Regulation No. 114—Prohibition Against
extraordinary circumstances and Policies Web page at http:// Certain Flights in the Damascus (OSTT)
determined that no such circumstances www.faa.gov/regulations_policies or Flight Information Region (FIR).
exist. After careful and thorough • Accessing the Government
Publishing Office’s Web page at http:// * * * * *
consideration of the action, the FAA
www.fdsys.gov. (e) Expiration. This SFAR will remain
finds that this Federal action does not
require preparation of an Environmental Copies may also be obtained by in effect until December 30, 2018. The
Assessment or Environmental Impact sending a request (identified by docket FAA may amend, rescind, or extend this
Statement in accordance with the or amendment number of the rule) to SFAR No. 114, § 91.1609, as necessary.
requirements of NEPA, Council on the Federal Aviation Administration,
Issued under authority provided by 49
Environmental Quality (CEQ) Office of Rulemaking, ARM–1, 800 U.S.C. 106(f), 40101(d)(1), 40105(b)(1)(A),
regulations, and FAA Order 1050.1F. Independence Avenue SW., and 44701(a)(5), in Washington, DC, on
Washington, DC 20591, or by calling December 19, 2016.
V. Executive Order Determinations (202) 267–9677.
Except for classified material, all Michael P. Huerta,
A. Executive Order 13132, ‘‘Federalism’’ Administrator.
documents the FAA considered in
The FAA has analyzed this developing this rule, including [FR Doc. 2016–31237 Filed 12–23–16; 8:45 am]
immediately adopted final rule under economic analyses and technical BILLING CODE 4910–13–P
the principles and criteria of Executive reports, may be accessed from the
Order 13132, ‘‘Federalism.’’ The agency Internet through the Federal
asabaliauskas on DSK3SPTVN1PROD with RULES
has determined that this action will not eRulemaking Portal referenced above.
have a substantial direct effect on the
States, or the relationship between the B. Small Business Regulatory
Federal Government and the States, or Enforcement Fairness Act
on the distribution of power and The Small Business Regulatory
responsibilities among the various Enforcement Fairness Act of 1996
levels of government, and, therefore, (SBREFA) requires FAA to comply with
does not have Federalism implications. small entity requests for information or
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Document Created: 2018-02-14 09:13:14
Document Modified: 2018-02-14 09:13:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on December 30, 2016. | |
| Contact | Michael Filippell, Air Transportation Division, AFS-220, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8166; email: [email protected] | |
| FR Citation | 81 FR 94958 | |
| RIN Number | 2120-AK93 | |
| CFR Associated | Air Traffic Control; Aircraft; Airmen; Airports; Aviation Safety; Freight and Syria |
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