83_FR_54487 83 FR 54278 - Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan; Withdrawal

83 FR 54278 - Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan; Withdrawal

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 209 (October 29, 2018)

Page Range54278-54279
FR Document2018-23400

The Federal Aviation Administration (FAA) is withdrawing a previously published notice of proposed rulemaking that proposed to restrict U.S. civil flight operations below flight level (FL) 160 within the territory and airspace of Afghanistan.

Federal Register, Volume 83 Issue 209 (Monday, October 29, 2018) 
[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Proposed Rules]
[Pages 54278-54279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2010-0289; SFAR No. 110]
RIN 2120-AJ69


Prohibition Against Certain Flights Within the Territory and 
Airspace of Afghanistan; Withdrawal

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

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Federal Aviation Administration (FAA) is withdrawing a 
previously published notice of proposed rulemaking that proposed to 
restrict U.S. civil flight operations below flight level (FL) 160 
within the territory and airspace of Afghanistan.

DATES: The notice of proposed rulemaking published on May 26, 2010 (75 
FR 29466) is withdrawn as of October 29, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
8166; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 2010, the FAA published a notice of proposed rulemaking 
(NPRM) titled ``Prohibition against Certain Flights within the 
Territory and Airspace of Afghanistan'' (75 FR 29466). The NPRM 
proposed to restrict U.S. civil flight operations below FL 160 within 
the territory and airspace of Afghanistan, unless the operations are 
authorized by another U.S. Government department or agency (hereinafter 
referred to as ``department or agency'') and approved by the FAA, or 
subject to an exemption granted by the FAA. The preamble to the NPRM 
explained the process for a department or agency to apply for FAA 
approval for operations to be conducted under contract to that 
department or agency and for operators to apply for exemption.
    The situation in Afghanistan presented a unique environment 
relative to other situations where the FAA had imposed similar 
regulations to address the safety of U.S. operators while in foreign 
territories and airspace. The presence of the U.S. military forces in 
Afghanistan had required a large presence of U.S. civil aircraft 
operations to support the warfighting, nation building, and 
humanitarian efforts. The level of these operations occurring in 
Afghanistan warranted the FAA to provide notice of the proposed 
regulation to limit flight in this area and a limited opportunity for 
comment from operators or other individuals that might have been 
affected by such action. The FAA found that good cause existed to limit 
the notice and public comment period required by 5 U.S.C. 553(d)(3) to 
15 days. The comment period closed on June 10, 2010.

Discussion of Comments Received

    The FAA received 22 submissions containing multiple comments from 
air carriers, associations, labor organizations, humanitarian 
organizations, and individuals. All of the commenters acknowledged the 
risks associated with conducting aviation operations in Afghanistan. 
Several commenters fully supported the provisions in the NPRM, while 
others requested clarification of certain elements in the proposal. The 
majority of commenters, however, asserted that the proposed rule would 
place unnecessary restrictions and burdens on U.S. civil aviation 
operations in Afghanistan. They contended that the proposed rule would 
result in an adverse economic impact for U.S. operators and limit their 
ability to support the ongoing U.S. military activities, nation 
building, and humanitarian efforts.
    Following publication of the NPRM, several commenters, including 
Kalitta Air, Pactec International, and Atlas Air Worldwide Holdings 
submitted comments that questioned the FAA's determination of the costs 
of implementing the NPRM if adopted as proposed. Kalitta Air 
specifically requested that the FAA complete a regulatory impact 
analysis to accurately account for the costs associated with the 
proposal. In response, the FAA published a Supplemental Regulatory 
Flexibility Analysis on July 20, 2010 (75 FR 42015) for a 15-day 
comment period that closed on August 4, 2010. No comments were 
submitted to the supplemental regulatory flexibility analysis.

Conclusion

    After considering the comments, the FAA has determined the unique 
environment in Afghanistan continues. There is no scheduled U.S. air 
service in Afghanistan, and the only operations by U.S. operators or 
airmen currently conducted there are in support of U.S. Government 
activities. Additionally, the

[[Page 54279]]

FAA has issued an advisory notice to airmen (NOTAM KICZ A0031/17) 
advising U.S. operators in Afghanistan airspace to operate, to the 
maximum extent possible, only on established air routes and at 
altitudes at or above FL 330 due to the risk to civil aviation.
    Accordingly, the FAA has decided to withdraw this proposal. 
Withdrawal of proposed SFAR No. 110 does not preclude the FAA from 
issuing another notice on this subject matter in the future and does 
not commit the agency to any future course of action. The FAA continues 
to assess the circumstances in Afghanistan and intends to take action 
as appropriate to mitigate risks to aviation safety.
    The FAA withdraws Notice No. 2010-12670, published at 75 FR 29466 
on May 26, 2010.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f) and (g), 40101(d)(1), 40105(b)(1), and 44701(a)(5), on 
October 16, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.
[FR Doc. 2018-23400 Filed 10-26-18; 8:45 am]
BILLING CODE 4910-13-P

54278 Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Proposed Rules adherence to limitations on the use and DEPARTMENT OF TRANSPORTATION presence of U.S. civil aircraft operations disclosure of the information requested. to support the warfighting, nation Federal Aviation Administration building, and humanitarian efforts. The (4) DOE evaluation. Upon receiving a request for CEII, the CEII Coordinator level of these operations occurring in 14 CFR Part 91 Afghanistan warranted the FAA to shall contact the DOE Office or Federal [Docket No.: FAA–2010–0289; SFAR No. provide notice of the proposed agency that created or maintains the 110] regulation to limit flight in this area and CEII. In consultation with the DOE a limited opportunity for comment from Office, the CEII Coordinator shall RIN 2120–AJ69 operators or other individuals that determine if the need for CEII and the might have been affected by such action. protection afforded to the CEII should Prohibition Against Certain Flights The FAA found that good cause existed result in sharing CEII for the limited Within the Territory and Airspace of to limit the notice and public comment purpose made in the request. In the Afghanistan; Withdrawal period required by 5 U.S.C. 553(d)(3) to event the CEII Coordinator or AGENCY: Federal Aviation 15 days. The comment period closed on Coordinator’s designee denies the Administration (FAA), Department of June 10, 2010. request, the requestor may seek request Transportation (DOT). Discussion of Comments Received for reconsideration, as provided in ACTION: Notice of proposed rulemaking; § 1004.13(i). The FAA received 22 submissions withdrawal. containing multiple comments from air (l) Unauthorized Disclosure. carriers, associations, labor SUMMARY: The Federal Aviation (1) Disclosure by submitter of Administration (FAA) is withdrawing a organizations, humanitarian information. If the submitter of previously published notice of proposed organizations, and individuals. All of information discloses to the public rulemaking that proposed to restrict the commenters acknowledged the risks information that has received a CEII U.S. civil flight operations below flight associated with conducting aviation designation, then the Department level (FL) 160 within the territory and operations in Afghanistan. Several reserves the right to remove its CEII airspace of Afghanistan. commenters fully supported the designation. provisions in the NPRM, while others DATES: The notice of proposed requested clarification of certain (2) Disciplinary Action for rulemaking published on May 26, 2010 elements in the proposal. The majority Unauthorized Disclosure. DOE (75 FR 29466) is withdrawn as of of commenters, however, asserted that employees or contractors who October 29, 2018. the proposed rule would place knowingly or willfully disclose CEII in FOR FURTHER INFORMATION CONTACT: unnecessary restrictions and burdens on an unauthorized manner will be subject Michael Filippell, Air Transportation U.S. civil aviation operations in to appropriate sanctions, including Division, Flight Standards Service, Afghanistan. They contended that the disciplinary action under DOE or DOE Federal Aviation Administration, 800 proposed rule would result in an Office personnel rules or referral to the Independence Avenue SW, Washington, adverse economic impact for U.S. DOE Inspector General. DC 20591; telephone 202–267–8166; operators and limit their ability to email michael.e.filippell@faa.gov. support the ongoing U.S. military (3) In accordance with the SUPPLEMENTARY INFORMATION: activities, nation building, and Whistleblower Protection Enhancement Act of 2012 (Pub. L. 112–199, 126 Stat. Background humanitarian efforts. Following publication of the NPRM, 1465), these provisions are consistent On May 26, 2010, the FAA published several commenters, including Kalitta with and do not supersede, conflict a notice of proposed rulemaking Air, Pactec International, and Atlas Air with, or otherwise alter the employee (NPRM) titled ‘‘Prohibition against Worldwide Holdings submitted obligations, rights, or liabilities created Certain Flights within the Territory and comments that questioned the FAA’s by existing statute relating to: Airspace of Afghanistan’’ (75 FR 29466). determination of the costs of (i) Classified information, The NPRM proposed to restrict U.S. implementing the NPRM if adopted as civil flight operations below FL 160 proposed. Kalitta Air specifically (ii) Communications to Congress, within the territory and airspace of requested that the FAA complete a (iii) The reporting to an Inspector Afghanistan, unless the operations are regulatory impact analysis to accurately General of a violation of any law, rule, authorized by another U.S. Government account for the costs associated with the or regulation, or mismanagement, a department or agency (hereinafter proposal. In response, the FAA gross waste of funds, an abuse of referred to as ‘‘department or agency’’) published a Supplemental Regulatory authority, or a substantial and specific and approved by the FAA, or subject to Flexibility Analysis on July 20, 2010 (75 danger to public health or safety, or an exemption granted by the FAA. The FR 42015) for a 15-day comment period (iv) Any other whistleblower preamble to the NPRM explained the that closed on August 4, 2010. No protection. The definitions, process for a department or agency to comments were submitted to the requirements, obligations, rights, apply for FAA approval for operations supplemental regulatory flexibility sanctions, and liabilities created by to be conducted under contract to that analysis. department or agency and for operators controlling statutory provisions are Conclusion to apply for exemption. amozie on DSK3GDR082PROD with PROPOSALS1 incorporated into this agreement and are The situation in Afghanistan After considering the comments, the controlling. presented a unique environment relative FAA has determined the unique [FR Doc. 2018–23459 Filed 10–26–18; 8:45 am] to other situations where the FAA had environment in Afghanistan continues. BILLING CODE 6450–01–P imposed similar regulations to address There is no scheduled U.S. air service the safety of U.S. operators while in in Afghanistan, and the only operations foreign territories and airspace. The by U.S. operators or airmen currently presence of the U.S. military forces in conducted there are in support of U.S. Afghanistan had required a large Government activities. Additionally, the VerDate Sep<11>2014 17:06 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1

Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Proposed Rules 54279 FAA has issued an advisory notice to provides notice of a public hearing on incentives to encourage investment in airmen (NOTAM KICZ A0031/17) these proposed regulations. qualified opportunity zones. First, it advising U.S. operators in Afghanistan DATES: Written (including electronic) allows for the deferral of inclusion in airspace to operate, to the maximum comments must be received by gross income for certain gains to the extent possible, only on established air December 28, 2018. Outlines of topics to extent that corresponding amounts are routes and at altitudes at or above FL be discussed at the public hearing reinvested in a QOF. Second, it 330 due to the risk to civil aviation. scheduled for January 10, 2019 at 10 excludes from gross income the post- Accordingly, the FAA has decided to a.m. must be received by December 28, acquisition gains on investments in withdraw this proposal. Withdrawal of 2018. QOFs that are held for at least 10 years. proposed SFAR No. 110 does not ADDRESSES: Send submissions to: As is more fully explained in the preclude the FAA from issuing another CC:PA:LPD:PR (REG–115420–18), Room Explanation of Provisions, these notice on this subject matter in the 5203, Internal Revenue Service, P.O. proposed regulations describe and future and does not commit the agency Box 7604, Ben Franklin Station, clarify the requirements that must be to any future course of action. The FAA Washington, DC 20044. Submissions met by a taxpayer in order properly to continues to assess the circumstances in defer the recognition of gains by may be hand delivered Monday through Afghanistan and intends to take action investing in a QOF. In addition, the Friday between the hours of 8 a.m. and as appropriate to mitigate risks to proposed regulations provide rules 4 p.m. to CC:PA:LPD:PR (REG–115420– aviation safety. permitting a corporation or partnership 18), Courier’s Desk, Internal Revenue The FAA withdraws Notice No. 2010– to self-certify as a QOF. Finally, the Service, 1111 Constitution Avenue NW, 12670, published at 75 FR 29466 on proposed regulations provide initial Washington, DC 20224. Alternatively, May 26, 2010. proposed rules regarding some of the taxpayers may submit comments requirements that must be met by a Issued in Washington, DC, under the electronically via the Federal authority of 49 U.S.C. 106(f) and (g), corporation or partnership in order to Rulemaking Portal at 40101(d)(1), 40105(b)(1), and 44701(a)(5), on qualify as a QOF. www.regulations.gov (IRS REG–115420– Contemporaneous with the issuance October 16, 2018. 18). The public hearing will be held in Rick Domingo, of these proposed regulations, the IRS is the IRS auditorium, Internal Revenue releasing a revenue ruling addressing Executive Director, Flight Standards Service. Building, 1111 Constitution Avenue the application to real property of the [FR Doc. 2018–23400 Filed 10–26–18; 8:45 am] NW, Washington, DC. ‘‘original use’’ requirement in section BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: 1400Z–2(d)(2)(D)(i)(II) and the Concerning the proposed regulations, ‘‘substantial improvement’’ requirement Erika C. Reigle of the Office of Associate in section 1400Z–2(d)(2)(D)(i)(II) and DEPARTMENT OF TREASURY Chief Counsel (Income Tax and 1400Z–2(d)(2)(D)(ii). Accounting), (202) 317–7006 and Kyle In addition, these proposed Internal Revenue Service C. Griffin of the Office of Associate regulations address the substantial- Chief Counsel (Income Tax and improvement requirement with respect 26 CFR Part I Accounting), (202) 317–4718; to a purchased building located in a [REG–115420–18] concerning the submission of qualified opportunity zone. They comments, the hearing, or to be placed provide that for purposes of this RIN 1545–BP03 on the building access list to attend the requirement, the basis attributable to hearing, Regina L. Johnson, (202) 317– land on which such a building sits is Investing in Qualified Opportunity 6901 (not toll-free numbers). not taken into account in determining Funds SUPPLEMENTARY INFORMATION: whether the building has been AGENCY: Internal Revenue Service (IRS), substantially improved. Excluding the Treasury. Background basis of land from the amount that ACTION: Notice of proposed rulemaking This document contains proposed needs to be doubled under section and notice of public hearing. regulations under section 1400Z–2 of 1400Z–2(d)(2)(D)(ii) for a building to be the Code that amend the Income Tax substantially improved facilitates SUMMARY: This document contains Regulations (26 CFR part 1). Section repurposing vacant buildings in proposed regulations that provide 13823 of the Tax Cuts and Jobs Act, qualified opportunity zones. Similarly, guidance under new section 1400Z–2 of Public Law 115–97, 131 Stat. 2054, 2184 an absence of a requirement to increase the Internal Revenue Code (Code) (2017) (TCJA), amended the Code to add the basis of land itself would address relating to gains that may be deferred as sections 1400Z–1 and 1400Z–2. Section many of the comments that taxpayers a result of a taxpayer’s investment in a 1400Z–1 provides procedural rules for have made regarding the need to qualified opportunity fund (QOF). designating qualified opportunity zones facilitate repurposing vacant or Specifically, the proposed regulations and related definitions. Section 1400Z– otherwise unutilized land. address the type of gains that may be 2 allows a taxpayer to elect to defer In connection with soliciting deferred by investors, the time by which certain gains to the extent that comments on these proposed corresponding amounts must be corresponding amounts are timely regulations the Department of the invested in QOFs, and the manner in invested in a QOF. Treasury (Treasury Department) and the which investors may elect to defer Section 1400Z–2, in conjunction with IRS are soliciting comments on all amozie on DSK3GDR082PROD with PROPOSALS1 specified gains. This document also section 1400Z–1, seeks to encourage aspects of the definition of ‘‘original contains proposed regulations economic growth and investment in use’’ and ‘‘substantial improvement.’’ In applicable to QOFs, including rules for designated distressed communities particular, they are seeking comments self-certification, valuation of QOF (qualified opportunity zones) by on possible approaches to defining the assets, and guidance on qualified providing Federal income tax benefits to ‘‘original use’’ requirement, for both real opportunity zone businesses. The taxpayers who invest in businesses property and other tangible property. proposed regulations affect QOFs and located within these zones. Section For example, what metrics would be their investors. This document also 1400Z–2 provides two main tax appropriate for determining whether VerDate Sep<11>2014 17:06 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1


Document Created: 2018-10-27 01:07:53
Document Modified: 2018-10-27 01:07:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking; withdrawal.
DatesThe notice of proposed rulemaking published on May 26, 2010 (75 FR 29466) is withdrawn as of October 29, 2018.
ContactMichael Filippell, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202-267- 8166; email [email protected]
FR Citation83 FR 54278 
RIN Number2120-AJ69
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