83 FR 63410 - Extension of the Prohibition Against Certain Flights in the Damascus Flight Information Region (FIR) (OSTT)
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 236 (December 10, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 236 (December 10, 2018)
| Page Range | 63410-63415 | |
| FR Document | 2018-26680 |
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)] [Rules and Regulations] [Pages 63410-63415] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26680] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No.: FAA-2017-0768; Amdt. No. 91-348B] RIN 2120-AL38 Extension of the Prohibition Against Certain Flights in the Damascus Flight Information Region (FIR) (OSTT) AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action extends the prohibition against certain flight operations in the Damascus Flight Information Region (FIR) (OSTT) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator of such aircraft is a foreign air carrier. The FAA finds this action to be necessary to address a potential hazard to persons and aircraft engaged in such flight operations. This action also includes minor editorial changes to this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs. DATES: This final rule is effective on December 10, 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: I. Executive Summary This action extends the prohibition against flight operations in the Damascus FIR (OSTT) in SFAR No. 114 by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator of such aircraft is a foreign air carrier, from December 30, 2018, until December 30, 2020. This action also includes minor editorial changes to SFAR No. 114, title 14 Code of Federal Regulations (CFR) 91.1609, consistent with other recently published flight prohibition SFARs. II. Legal Authority and Good Cause A. Legal Authority The FAA is responsible for the safety of flight in the U.S. and for the safety of U.S. civil operators, U.S.-registered civil aircraft, and U.S.-certificated airmen throughout the world. The FAA Administrator's authority to issue rules on aviation safety is found in title 49, United States Code (U.S. Code), Subtitle I, sections 106(f) and (g). 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 rulemaking is promulgated under the authority described in title 49, U.S. Code, 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 FAA's authority, because it continues to prohibit the persons described in paragraph (a) of SFAR No. 114, 14 CFR 91.1609, from conducting flight operations in the Damascus FIR (OSTT) due to the continued hazards to the safety of U.S. civil flight operations, as described in the preamble to this final rule. The FAA also finds that this action is fully consistent with the obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that the FAA exercises its duties consistently with the obligations of the United States under international agreements. B. Good Cause for Immediate Adoption Section 553(b)(3)(B) of title 5, U.S. Code, authorizes agencies to dispense with notice and comment procedures for rules when the agency for ``good cause'' finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Section 553(d) also authorizes agencies to forgo the delay in the effective date of the final rule for good cause found and published with the rule. In this instance, the FAA finds good cause to forgo notice and comment because notice and comment would be impracticable and contrary to the public interest. In addition, it is contrary to the public interest to delay the effective date of this SFAR. The FAA has identified an ongoing need to maintain the flight prohibition in place in the Damascus FIR (OSTT) due to the combined threat to civil aviation from the multifaceted conflict and extremist threat, and militant activity. These hazards are further described in the preamble to this rule. To the extent that the rule is based upon classified information, such information is not permitted to be shared with the general public. Also, threats to U.S. civil aviation and intelligence regarding these [[Page 63411]] threats can be fluid. As a result, the agency's original proposal could become unsuitable for minimizing the hazards to U.S. civil aviation in the affected airspace during or after the notice and comment process. For these reasons, the FAA finds good cause to forgo notice and comment and any delay in the effective date for this rule. III. Background On August 29, 2017, the FAA reissued SFAR No. 114, Sec. 91.1609, prohibiting certain flight operations in the Damascus FIR (OSTT) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except such persons operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator is a foreign air carrier.\1\ The FAA determined that the significant threat to U.S. civil aviation operating in the Damascus FIR (OSTT), identified when the FAA first published SFAR No. 114, Sec. 91.1609, on December 30, 2014,\2\ was ongoing due to the presence of anti-aircraft weapons controlled by non-state actors, threats made by extremist groups, de-confliction concerns, and ongoing military fighting. Flight safety risks associated with de-confliction between various military forces conducting operations in Syria and civil aviation, which were identified as a concern in the original prohibition and reissuance in 2017, have continued. --------------------------------------------------------------------------- \1\ 82 FR 40944. Corrected at 82 FR 42592, September 11, 2017. \2\ 79 FR 78299. --------------------------------------------------------------------------- IV. Discussion of the Final Rule The FAA continues to assess the situation in the Damascus FIR (OSTT) as being hazardous for U.S. civil aviation. The Syrian conflict between pro-regime forces and various opposition groups (which include extremist elements) is extremely complex, exacerbated by the presence of third parties conducting military operations against one or more elements. Syrian allies Russia and Iran are also conducting military operations and have deployed significant air defense and electronic warfare capabilities, to include GPS interference, in the conflict zone, presenting an inadvertent risk to civil aviation operations within the Damascus FIR (OSTT). Additionally, violent extremist groups including Islamic State of Iraq and ash Sham (ISIS) and al Qaida- aligned entities possess, or have access to, a wide array of anti- aircraft weapons that pose a risk to civil aviation operations within the Damascus FIR (OSTT). Anti-regime forces, extremists, and militants have successfully shot down multiple military aircraft using man portable air defense systems (MANPADS) during the conflict. Additionally, various elements have successfully targeted military aircraft using advanced anti-tank guided missiles (ATGM). ATGMs primarily pose a risk to civil aircraft operating near, or parked at, an airport. Various groups employ unmanned aircraft systems (UAS) to surveil and attack Syrian and allied fielded forces and airfields. The multifaceted conflict in Syria poses significant risk to civil aviation operations within the Damascus FIR (OSTT). Therefore, as a result of the significant continuing risk to the safety of U.S. civil aviation in the Damascus FIR (OSTT), the FAA extends the expiration date of SFAR No. 114, Sec. 91.1609, from December 30, 2018, to December 30, 2020, to maintain the prohibition on flight operations in the Damascus FIR (OSTT) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except where the operator is a foreign air carrier. 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. The FAA will continue to actively monitor the situation and evaluate the extent to which U.S. civil operators and airmen may be able to operate safely in the Damascus FIR (OSTT). Amendments to SFAR No. 114, Sec. 91.1609, may be appropriate if the risk to aviation safety and security changes. The FAA may amend or rescind SFAR No. 114, Sec. 91.1609, as necessary, prior to its expiration date. The FAA is also incorporating minor editorial changes for clarifying purposes in Sec. 91.1609, including revising the title of the FIR, and clarifying the procedure for considering approval and exemption requests. These changes are consistent with other recently published SFARs. The FAA is also republishing the details concerning the approval and exemption processes in Sections V and VI of this preamble so that interested persons will be able to refer to this final rule for all relevant information regarding SFAR No. 114. V. Approval Process Based on a Request From a Department, Agency, or Instrumentality of the United States Government A. Approval Process Based on an Authorization Request From a Department, Agency, or Instrumentality of the United States Government In some instances, U.S. government departments, agencies, or instrumentalities may need to engage U.S. civil aviation to support their activities in the Damascus FIR (OSTT). The FAA is clarifying the approval process for SFAR No. 114, Sec. 91.1609(c), consistent with other recently published flight prohibition SFARs, as previously indicated. If a department, agency, or instrumentality of the U.S. Government determines that it has a critical need to engage any person described in SFAR No. 114, Sec. 91.1609(a), including a U.S. air carrier or commercial operator, to conduct a charter to transport civilian or military passengers or cargo, or other operations, in the Damascus FIR (OSTT), that department, agency, or instrumentality may request the FAA to approve persons described in SFAR No. 114, Sec. 91.1609(a), to conduct such operations. An approval request must be made directly by the requesting department, agency, or instrumentality of the U.S. Government to the FAA's Associate Administrator for Aviation Safety in a letter signed by an appropriate senior official of the requesting department, agency, or instrumentality. The FAA will not accept or consider requests for approval by anyone other than the requesting department, agency, or instrumentality. In addition, the senior official signing the letter requesting FAA approval on behalf of the requesting department, agency, or instrumentality must be sufficiently positioned within the organization to demonstrate that the senior leadership of the requesting department, agency, or instrumentality supports the request for approval and is committed to taking all necessary steps to minimize operational risks to the proposed flights. The senior official must also be in a position to: (1) Attest to the accuracy of all representations made to the FAA in the request for approval and (2) ensure that any support from the requesting U.S. Government department, agency, or instrumentality described in the request for approval is in fact brought to bear and is maintained over time. Unless justified by exigent circumstances, requests for approval must be submitted to the FAA no less than 30 calendar days before the date on which the requesting department, agency, or [[Page 63412]] instrumentality intends to commence the proposed operations. The letter must be sent to the Associate Administrator for Aviation Safety, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. Electronic submissions are acceptable, and the requesting entity may request that the FAA notify it electronically as to whether the approval request is granted. If a requestor wishes to make an electronic submission to the FAA, the requestor should contact the Air Transportation Division, Flight Standards Service, at (202) 267-8166, to obtain the appropriate email address. A single letter may request approval from the FAA for multiple persons covered under SFAR No. 114, Sec. 91.1609, and/or for multiple flight operations. To the extent known, the letter must identify the person(s) expected to be covered under the SFAR on whose behalf the U.S. Government department, agency, or instrumentality is seeking FAA approval, and it must describe--The proposed operation(s), including the nature of the mission being supported; The service to be provided by the person(s) covered by the SFAR; To the extent known, the specific locations in the Damascus FIR (OSTT) where the proposed operation(s) will be conducted, including, but not limited to, the flight path and altitude of the aircraft while it is operating in the Damascus FIR (OSTT) and the airports, airfields and/or landing zones at which the aircraft will take-off and land; and The method by which the department, agency, or instrumentality will provide, or how the operator will otherwise obtain, current threat information and an explanation of how the operator will integrate this information into all phases of the proposed operations (i.e., pre-mission planning and briefing, in- flight, and post-flight phases). The request for approval must also include a list of operators with whom the U.S. Government department, agency, or instrumentality requesting FAA approval has a current contract(s), grant(s), or cooperative agreement(s) (or its prime contractor has a subcontract(s)) for specific flight operations in the Damascus FIR (OSTT). Additional operators may be identified to the FAA at any time after the FAA approval is issued. However, all additional operators must be identified to, and obtain an Operations Specification (OpSpec) or Letter of Authorization (LOA), as appropriate, from the FAA for operations in the Damascus FIR (OSTT), before such operators commence such operations. The approval conditions discussed below apply to any such additional operators. Updated lists should be sent to the email address to be obtained from the Air Transportation Division, by calling (202) 267-8166. If an approval request includes classified information, requestors may contact Aviation Safety Inspector Michael Filippell for instructions on submitting it to the FAA. His contact information is listed in the For Further Information Contact section of this final rule. FAA approval of an operation under SFAR No. 114, Sec. 91.1609, does not relieve persons subject to this SFAR of their responsibility to comply with all applicable FAA rules and regulations. Operators of civil aircraft must comply with the conditions of their certificate, OpSpecs, and LOAs, as applicable. Operators must further comply with all rules and regulations of other U.S. Government departments or agencies that may apply to the proposed operation(s), including, but not limited to, regulations issued by the Transportation Security Administration. B. Approval Conditions If the FAA approves the request, the FAA's Aviation Safety Organization will send an approval letter to the requesting department, agency, or instrumentality informing it that the FAA's approval is subject to all of the following conditions: (1) The approval will stipulate those procedures and conditions that limit, to the greatest degree possible, the risk to the operator, while still allowing the operator to achieve its operational objectives. (2) Before any approval takes effect, the operator must submit to the FAA: (a) A written release of the U.S. Government from all damages, claims, and liabilities, including without limitation legal fees and expenses, relating to any event arising out of or related to the approved operations in the Damascus FIR (OSTT); and (b) The operator's written agreement to indemnify the U.S. Government with respect to any and all third-party damages, claims, and liabilities, including without limitation legal fees and expenses, relating to any event arising from or related to the approved operations in the Damascus FIR (OSTT). (3) Other conditions that the FAA may specify, including those that may be imposed in OpSpecs or LOAs, as applicable. The release and agreement to indemnify do not preclude an operator from raising a claim under an applicable non-premium war risk insurance policy issued by the FAA under chapter 443 of title 49, U.S. Code. If the FAA approves the proposed operation(s), the FAA will issue an OpSpec or LOA, as applicable, to the operator(s) identified in the original request authorizing them to conduct the approved operation(s), and will notify the department, agency, or instrumentality that requested the FAA's approval of any additional conditions beyond those contained in the approval letter. VI. Information Regarding Petitions for Exemption Any operations not conducted under an approval issued by the FAA through the approval process set forth previously must be conducted under an exemption from SFAR No. 114, Sec. 91.1609. A petition for exemption must comply with 14 CFR part 11 and requires exceptional circumstances beyond those contemplated by the approval process set forth previously. In addition to the information required by 14 CFR 11.81, at a minimum, the requestor must describe in its submission to the FAA-- The proposed operation(s), including the nature of the operation; The service to be provided by the person(s) covered by the SFAR; The specific locations in the Damascus FIR (OSTT) where the proposed operation(s) will be conducted, including, but not limited to, the flight path and altitude of the aircraft while it is operating in the Damascus FIR (OSTT) and the airports, airfields and/or landing zones at which the aircraft will take-off and land; The method by which the operator will obtain current threat information, and an explanation of how the operator will integrate this information into all phases of its proposed operations (i.e., the pre-mission planning and briefing, in-flight, and post- flight phases); and The plans and procedures that the operator will use to minimize the risks, identified in this preamble, to the proposed operations, so that granting the exemption would not adversely affect safety or would provide a level of safety at least equal to that provided by this SFAR. The FAA has found comprehensive, organized plans and procedures of this nature to be helpful in facilitating the agency's safety evaluation of petitions for exemption from flight prohibition SFARs. Additionally, the release and agreement to indemnify, as referred to previously, are required as a condition of any exemption that may be issued under SFAR No. 114, Sec. 91.1609. [[Page 63413]] The FAA recognizes that operations that may be affected by SFAR No. 114, Sec. 91.1609, may be planned for the governments of other countries with the support of the U.S. Government. While these operations will not be permitted through the approval process, the FAA will consider exemption requests for such operations on an expedited basis and prior to any private exemption requests. VII. Regulatory Notices and Analyses Changes to Federal regulations must undergo several economic analyses. First, Executive Orders 12866 and 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (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 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 that 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. As notice and comment under 5 U.S.C. 553 are not required for this final rule, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 regarding impacts on small entities are not required. This rule will not create unnecessary obstacles to the foreign commerce of the United States and 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 prohibits U.S. civil flights in the entire Damascus FIR (OSTT). At the time of initial issuance of SFAR No. 114, 14 CFR 91.1609, on December 30, 2014, the FAA determined that incremental costs were minimal for U.S. operators of large transport category airplanes, because those U.S. operators conducting overflights in the Damascus FIR (parts 121 and 125 operators) had voluntarily ceased operating in the Damascus FIR beginning in 2011 due to the onset of hostilities in Syria, prior to the FAA's action prohibiting U.S. civil operations in the Damascus FIR. The FAA also determined that the incremental costs of SFAR No. 114 were minimal for ``on-demand'' large carriers (parts 121 and 121/135) and small ``on-demand'' operators (parts 135, 125, and 91K). The FAA believed that few, if any, of these ``on-demand'' operators were still operating in the Damascus FIR (OSTT) immediately before the FAA issued FDC NOTAM 4/4936 due to preexisting hostilities in Syria dating back to 2011. As previously discussed, the FAA continues to assess the situation in the Damascus FIR (OSTT) as being hazardous for U.S. civil aviation due to continued military operations. The FAA believes there are very few, if any, U.S. operators who would seek to operate in the Damascus FIR (OSTT) at this time due to the hazards described in the Background section of this final rule. Therefore, the FAA finds that the incremental costs of extending SFAR No. 114, 14 CFR 91.1609 will be minimal and are exceeded by the benefits of avoided risks of deaths, injuries, and property damage that could result from a U.S. operator's aircraft being shot down (or otherwise damaged). 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 an agency is required by 5 U.S.C. 553, or any other law, 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 being required by that section or any other law to publish a general notice of proposed rulemaking. The FAA found good cause to forgo notice and comment and any delay in the effective date for this rule. As notice and comment under 5 U.S.C. 553 are not required in this situation, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 are not required. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to this Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and determined that its purpose is to protect the safety of U.S. civil aviation from hazards to their operations in the Damascus FIR (OSTT), a location outside the U.S. Therefore, the rule is in compliance with the Trade Agreements Act of 1979. D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ``significant regulatory action.'' The FAA currently uses an inflation-adjusted value of $155.0 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. 3507(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. [[Page 63414]] F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA's 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 Standards and Recommended Practices that correspond to this regulation. G. Environmental Analysis The FAA has analyzed this action under Executive Order 12114, Environmental Effects Abroad of Major Federal Actions (44 FR 1957, January 4, 1979), 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 that this action is exempt pursuant to Section 2-5(a)(i) of Executive Order 12114 because it does not have the potential for a significant effect on the environment outside the United States. In accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' paragraph 8-6(c), FAA has prepared a memorandum for the record stating the reason(s) for this determination; this memorandum has been placed in the docket for this rulemaking. VIII. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action would not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, would not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it would not be a ``significant energy action'' under the executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy. C. Executive Order 13609, Promoting International Regulatory Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, (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. D. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This rule is not subject to the requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because it is issued with respect to a national security function of the United States. IX. Additional Information A. Availability of Rulemaking Documents An electronic copy of a rulemaking document may be obtained from the internet by-- Searching the Federal Document Management System (FDMS) 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 amendment or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (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 Document Management System Portal referenced previously. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (Pub. L. 104-121) (set forth as a note to 5 U.S.C. 601) requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the persons listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/. List of Subjects in 14 CFR Part 91 Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Freight, 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), 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, Pub. L. 114- 190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). 0 2. In Sec. 91.1609, revise the section heading and paragraphs (b), (c), (d), and (e) to read as follows: Sec. 91.1609 Special Federal Aviation Regulation No. 114--Prohibition Against Certain Flights in the Damascus Flight Information Region (FIR) (OSTT). * * * * * (b) Flight prohibition. Except as provided in paragraphs (c) and (d) of this section, no person described in paragraph (a) of this section may conduct flight operations in the Damascus Flight Information Region (FIR) (OSTT). (c) Permitted operations. This section does not prohibit persons described in paragraph (a) of this section from conducting flight operations in the Damascus Flight Information Region (FIR) (OSTT), provided that such flight operations are conducted under a contract, grant, or cooperative agreement with a department, agency, or instrumentality of the U.S. government (or under a subcontract between the prime contractor of the department, agency, or instrumentality and the person described in paragraph (a) of this section) with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider requests [[Page 63415]] for approval or exemption in a timely manner, with the order of preference being: First, for those operations in support of U.S. government-sponsored activities; second, for those operations in support of government-sponsored activities of a foreign country with the support of a U.S. government department, agency, or instrumentality; and third, for all other operations. (d) Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards office a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons for it. (e) Expiration. This SFAR will remain in effect until December 30, 2020. The FAA may amend, rescind, or extend this SFAR, as necessary. Issued in Washington, DC, under the authority of 49 U.S.C. 106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on November 30, 2018. Daniel K. Elwell, Acting Administrator. [FR Doc. 2018-26680 Filed 12-7-18; 8:45 am] BILLING CODE 4910-13-P
![63410 Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations
no extraordinary circumstances exist SUMMARY: This action extends the assigning, maintaining, and enhancing
that warrant preparation of an prohibition against certain flight safety and security as the highest
environmental assessment. operations in the Damascus Flight priorities in air commerce. Section
Information Region (FIR) (OSTT) by all: 40105(b)(1)(A) requires the
Lists of Subjects in 14 CFR Part 71
U.S. air carriers; U.S. commercial Administrator to exercise his authority
Airspace, Incorporation by reference, operators; persons exercising the consistently with the obligations of the
Navigation (air). privileges of an airman certificate issued U.S. Government under international
Adoption of the Amendment by the FAA, except when such persons agreements.
are operating U.S.-registered aircraft for This rulemaking is promulgated
In consideration of the foregoing, the a foreign air carrier; and operators of under the authority described in title 49,
Federal Aviation Administration U.S.-registered civil aircraft, except U.S. Code, Subtitle VII, Part A, subpart
amends 14 CFR part 71 as follows: where the operator of such aircraft is a III, section 44701, General requirements.
foreign air carrier. The FAA finds this Under that section, the FAA is charged
PART 71—DESIGNATION OF CLASS A, action to be necessary to address a broadly with promoting safe flight of
B, C, D, AND E AIRSPACE AREAS; AIR potential hazard to persons and aircraft civil aircraft in air commerce by
TRAFFIC SERVICE ROUTES; AND engaged in such flight operations. This prescribing, among other things,
REPORTING POINTS action also includes minor editorial regulations and minimum standards for
changes to this Special Federal Aviation practices, methods, and procedures that
■ 1. The authority citation for part 71 the Administrator finds necessary for
Regulation (SFAR), consistent with
continues to read as follows: safety in air commerce and national
other recently published flight
Authority: 49 U.S.C. 106(f), 106(g); 40103, prohibition SFARs. security.
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, This regulation is within the scope of
DATES: This final rule is effective on
1959–1963 Comp., p. 389. FAA’s authority, because it continues to
December 10, 2018.
§ 71.1 [Amended] FOR FURTHER INFORMATION CONTACT:
prohibit the persons described in
Michael Filippell, Air Transportation paragraph (a) of SFAR No. 114, 14 CFR
■ 2. The incorporation by reference in 91.1609, from conducting flight
14 CFR 71.1 of FAA Order 7400.11C, Division, Flight Standards Service,
Federal Aviation Administration, 800 operations in the Damascus FIR (OSTT)
Airspace Designations and Reporting due to the continued hazards to the
Points, dated August 13, 2018, and Independence Avenue SW, Washington,
DC 20591; telephone 202–267–8166; safety of U.S. civil flight operations, as
effective September 15, 2018, is described in the preamble to this final
amended as follows: email michael.e.filippell@faa.gov.
rule. The FAA also finds that this action
SUPPLEMENTARY INFORMATION:
Paragraph 6005 Class E Airspace Areas is fully consistent with the obligations
Extending Upward From 700 Feet or More I. Executive Summary under 49 U.S.C. 40105(b)(1)(A) to
Above the Surface of the Earth. This action extends the prohibition ensure that the FAA exercises its duties
* * * * * against flight operations in the consistently with the obligations of the
Damascus FIR (OSTT) in SFAR No. 114 United States under international
ACE MO E5 Cabool, MO [Amended] agreements.
by all U.S. air carriers; U.S. commercial
Cabool Memorial Airport, MO
(Lat. 37°07′57″ N, long. 92°05′02″ W) operators; persons exercising the B. Good Cause for Immediate Adoption
privileges of an airman certificate issued Section 553(b)(3)(B) of title 5, U.S.
That airspace extending upward from 700
feet above the surface within a 6.3-mile by the FAA, except when such persons Code, authorizes agencies to dispense
radius of Cabool Memorial Airport. are operating U.S.-registered aircraft for with notice and comment procedures
a foreign air carrier; and operators of for rules when the agency for ‘‘good
Issued in Fort Worth, Texas, on November
U.S.-registered civil aircraft, except cause’’ finds that those procedures are
26, 2018.
where the operator of such aircraft is a ‘‘impracticable, unnecessary, or contrary
Walter Tweedy,
foreign air carrier, from December 30, to the public interest.’’ Section 553(d)
Acting Manager, Operations Support Group, 2018, until December 30, 2020. This
ATO Central Service Center. also authorizes agencies to forgo the
action also includes minor editorial delay in the effective date of the final
[FR Doc. 2018–26502 Filed 12–7–18; 8:45 am] changes to SFAR No. 114, title 14 Code rule for good cause found and published
BILLING CODE 4910–13–P of Federal Regulations (CFR) 91.1609, with the rule. In this instance, the FAA
consistent with other recently published finds good cause to forgo notice and
flight prohibition SFARs. comment because notice and comment
DEPARTMENT OF TRANSPORTATION
II. Legal Authority and Good Cause would be impracticable and contrary to
Federal Aviation Administration the public interest. In addition, it is
A. Legal Authority contrary to the public interest to delay
14 CFR Part 91 The FAA is responsible for the safety the effective date of this SFAR.
of flight in the U.S. and for the safety The FAA has identified an ongoing
[Docket No.: FAA–2017–0768; Amdt. No.
of U.S. civil operators, U.S.-registered need to maintain the flight prohibition
91–348B]
civil aircraft, and U.S.-certificated in place in the Damascus FIR (OSTT)
RIN 2120–AL38 airmen throughout the world. The FAA due to the combined threat to civil
Administrator’s authority to issue rules aviation from the multifaceted conflict
Extension of the Prohibition Against on aviation safety is found in title 49, and extremist threat, and militant
Certain Flights in the Damascus Flight United States Code (U.S. Code), Subtitle activity. These hazards are further
Information Region (FIR) (OSTT) I, sections 106(f) and (g). Subtitle VII of described in the preamble to this rule.
AGENCY: Federal Aviation title 49, Aviation Programs, describes in To the extent that the rule is based upon
Administration (FAA), Department of more detail the scope of the agency’s classified information, such information
Transportation (DOT). authority. Section 40101(d)(1) provides is not permitted to be shared with the
that the Administrator shall consider in general public. Also, threats to U.S. civil
ACTION: Final rule.
the public interest, among other matters, aviation and intelligence regarding these
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![Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations 63415
for approval or exemption in a timely Government Information Specialist, The third commenter objected to our
manner, with the order of preference SSA, Office of Privacy and Disclosure, proposal, because, in the commenter’s
being: First, for those operations in 6401 Security Boulevard, Baltimore, opinion, the proposal is against public
support of U.S. government-sponsored Maryland 21235–6401, Phone: (410) policy and defeats the purpose of the
activities; second, for those operations 965–0355, for information about this Privacy Act and the Freedom of
in support of government-sponsored rule. For information on eligibility or Information Act (FOIA). The commenter
activities of a foreign country with the filing for benefits, call our national toll- said that by making results of
support of a U.S. government free number, 1–800–772–1213 or TTY investigations inaccessible, it is
department, agency, or instrumentality; 1–800–325–0778, or visit our internet impossible to know whether the
and third, for all other operations. site, Social Security Online, at http:// perpetrators of workplace and domestic
(d) Emergency situations. In an www.socialsecurity.gov.
emergency that requires immediate violence are held accountable. The
decision and action for the safety of the SUPPLEMENTARY INFORMATION: commenter wrote that by denying
flight, the pilot in command of an everyone access to the information
Background
aircraft may deviate from this section to obtained from these investigations, SSA
the extent required by that emergency. On June 14, 2018, we published a places the cost and burden of
Except for U.S. air carriers and Notice of Proposed Rulemaking conducting the same investigation on
commercial operators that are subject to (NPRM) 1 in the Federal Register in others, especially the victims who have
the requirements of 14 CFR part 119, which we proposed to add SSAvers to a special interest in knowing that the
121, 125, or 135, each person who the list of SSA systems that are exempt perpetrators of the violence are held
deviates from this section must, within from specific provisions of the Privacy accountable.
10 days of the deviation, excluding Act pursuant to 5 U.S.C. 552a(k)(2). As
part of our Workplace and Domestic We carefully considered this
Saturdays, Sundays, and Federal comment and the objections presented.
holidays, submit to the responsible Violence policy and program, SSAvers
houses information regarding alleged In response, we want to emphasize that
Flight Standards office a complete
incidents of workplace and domestic SSAvers contains information we
report of the operations of the aircraft
involved in the deviation, including a violence filed by SSA employees and collect about not just alleged victims of
description of the deviation and the contractors. It also provides a workplace violence, but any employees,
reasons for it. centralized means for us to review and contractors, and members of the public
(e) Expiration. This SFAR will remain respond to the reported allegations. who are witnesses of, involved in
in effect until December 30, 2020. The This final rule adds SSAvers to the responding to, or allegedly involved in
FAA may amend, rescind, or extend this list of SSA systems that are exempt from workplace and domestic violence
SFAR, as necessary. specific provisions of the Privacy Act affecting our employees and contractors.
Issued in Washington, DC, under the due to the investigatory nature of This highly sensitive information may
authority of 49 U.S.C. 106(f) and (g), information that is maintained in this include the name and contact
40101(d)(1), 40105(b)(1)(A), and system. information of individuals involved;
44701(a)(5), on November 30, 2018. personal information related to alleged
Public Comments and Discussion
Daniel K. Elwell, behaviors of concern and assessing the
In the NPRM, we provided a 30-day risk of violence; and our response and
Acting Administrator.
comment period, which ended on July recommendations to mitigate risks of
[FR Doc. 2018–26680 Filed 12–7–18; 8:45 am]
16, 2018. We received four comments.2 violence. Due to the investigatory and
BILLING CODE 4910–13–P We opted not to post one of these sensitive nature of the content
comments because it was submitted by contained in this system, we continue to
a former SSA employee and it contained
SOCIAL SECURITY ADMINISTRATION believe that exempting this system of
sensitive information. The remaining
records from certain provisions of the
comments were submitted by members
20 CFR Part 401 Privacy Act based on 5 U.S.C. 552a(k)(2)
of the public.
is appropriate.
[Docket No. SSA–2015–0003] The first commenter indicated that he
or she did not understand the comment Further, we want to clarify that, under
RIN 0960–AI08
and review. While we regret that this the Privacy Act, an individual may
Social Security Administration commenter did not understand the request notification of or access to a
Violence Evaluation and Reporting proposal, we did not consider this record in this system, even though
System comment further when determining to SSAvers is listed as an exempt system.
adopt this as a final rule. We may still grant notification of and
AGENCY: Social Security Administration. The second commenter agreed with access to information contained in a
ACTION: Final rule. the new system of records and said it is record in an exempt system when the
SUMMARY: We are issuing a final rule to imperative to have a system, like privacy of third parties would not be
exempt a system of records entitled SSAvers, which will help review and compromised by such action. In
Social Security Administration Violence investigate allegations of workplace or addition, an individual may still request
Evaluation and Reporting System domestic violence. She said it would be these records under the FOIA, and SSA
(SSAvers) from certain provisions of the convenient to make a reporting system would release the records as required by
Privacy Act because this system will that is easy to access and that removes law.
contain investigatory material compiled the burden of the long process of
reporting an occurrence. After carefully considering the public
for law enforcement purposes. comments, we are adopting this final
DATES: This rule is effective January 9, rule.
1 83 FR 27728.
2019. 2 The posted public comments are viewable at
FOR FURTHER INFORMATION CONTACT: https://www.regulations.gov/docket?D=SSA-2015-
Pamela J. Carcirieri, Supervisory 0003.
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Document Created: 2018-12-08 00:22:00
Document Modified: 2018-12-08 00:22:00
| 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 10, 2018. | |
| 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] | |
| FR Citation | 83 FR 63410 | |
| RIN Number | 2120-AL38 | |
| CFR Associated | Air Traffic Control; Aircraft; Airmen; Airports; Aviation Safety; Freight and Syria |
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