This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29466 

Vol. 75, No. 101 

Wednesday, May 26, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1028; Directorate 

Identifier 2009–NM–188–AD] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP (Type Certificate 

Previously Held by Israel Aircraft 

Industries, Ltd.) Model Gulfstream 

G150 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA withdraws a notice 

of proposed rulemaking (NPRM) that 

proposed a new airworthiness directive 

(AD) for certain Model Gulfstream G150 

airplanes. The proposed AD would have 

required inspecting to determine the 

manufacturer of the baggage 

compartment rubber seals, and 

replacing the baggage compartment 

rubber seals manufactured by Gumiyan 

with seals manufactured by Rubbercraft. 

Since the proposed AD was issued, we 

have received new data from the 

manufacturer stating that all affected 

airplanes have already been modified as 

described in the proposed AD. 

Accordingly, the proposed AD is 

withdrawn. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mike Borfitz, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2677; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We proposed to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) with a notice of proposed 

rulemaking (NPRM) for a new AD for 

certain Model Gulfstream G150 

airplanes. That NPRM was published in 

the Federal Register on November 5, 

2009 (74 FR 57266). The NPRM would 

have required inspecting to determine 

the manufacturer of the baggage 

compartment rubber seals, and 

replacing the baggage compartment 

rubber seals manufactured by Gumiyan 

with seals manufactured by Rubbercraft. 

The NPRM resulted from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI described 

the unsafe condition as: 

IAI Company Flammability tests revealed 

that the baggage compartment rubber seals 

manufactured by Gumiyan are not compliant 

with FAR [Federal Aviation Regulation] 25, 

Appendix F, Part I requirements. 

The proposed actions were intended to 

prevent potential ignition of the baggage 

compartment rubber seals, which could 

lead to a larger fire. 

Actions Since NPRM Was Issued 

Since we issued the NPRM, 

Gulfstream Aerospace LP has informed 

the FAA that all Model Gulfstream G150 

airplanes have been modified in 

accordance with Gulfstream Service 

Bulletin 150–25–055, dated October 28, 

2008 (specified as the appropriate 

source of service information for 

accomplishing the requirements of the 

proposed AD). Gulfstream Aerospace LP 

states that, consequently, all actions 

specified in the NPRM are complete. 

FAA’s Conclusions 

Upon further consideration, we have 

determined that the proposed AD is not 

necessary. Accordingly, the NPRM is 

withdrawn. 

Withdrawal of the NPRM does not 

preclude the FAA from issuing another 

related action or commit the FAA to any 

course of action in the future. 

Regulatory Impact 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule and therefore is not covered 

under Executive Order 12866, the 

Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Withdrawal 

Accordingly, we withdraw the NPRM, 

Docket No. FAA–2009–1028, Directorate 

Identifier 2009–NM–188–AD, which 

was published in the Federal Register 

on November 5, 2009 (74 FR 57266). 

Issued in Renton, Washington, on May 14, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–12673 Filed 5–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action would permit 

certain U.S. civil aircraft operations 

below flight level (FL) 160 within the 

territory and airspace of Afghanistan, 

when approved by the FAA as provided 

herein. Otherwise, flight operations 

below FL 160 would be prohibited 

within the territory and airspace of 

Afghanistan by all U.S. air carriers; U.S. 

commercial operators; persons 

exercising the privileges of a U.S. 

airman certificate, except when that 

person is operating a U.S.-registered 


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aircraft for a foreign air carrier; and 

operators of U.S.-registered aircraft, 

except when such operators are foreign 

air carriers. The FAA finds this action 

necessary to prevent a potential hazard 

to persons and aircraft engaged in such 

flight operations. 

DATES: Send your comments on or 

before June 10, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0289, using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of the docket 

Web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions about this proposed 

rule, contact Aviation Safety Inspectors 

David Catey or David Morton, Air 

Transportation Division, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

respective telephone numbers are (202) 

267–3732 and (202) 493–5580. 

For legal questions, contact Lorelei 

Peter, Office of the Chief Counsel, AGC– 

200, Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3134. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble under the Additional 

Information section, we discuss how 

you can comment on this proposal and 

how we will handle your comments. 

Included in this discussion is related 

information about the docket, privacy, 

and the handling of proprietary or 

confidential business information. We 

also discuss how you can get a copy of 

related rulemaking documents. 

Authority for This Rulemaking 

The FAA is responsible for the safety 

of flight in the United States and for the 

safety of U.S.-registered aircraft and U.S. 

operations throughout the world. Also, 

the FAA is responsible for issuing rules 

affecting the safety of air commerce and 

national security. The FAA’s authority 

to issue the rules on aviation safety is 

found in Title 49 of the United States 

Code. Subtitle I, Section 106(g), 

describes the authority of the FAA 

Administrator. Subtitle VII, 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 

United States Government under 

international agreements. Further, the 

FAA has broad authority under section 

44701(a)(5) to prescribe regulations 

governing the practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce and 

national security. 

Background 

Statement of the Problem 

Insurgent activity in Afghanistan has 

increased and threatens the safety of 

U.S. civil aircraft operating within 

Afghan airspace and overflying the 

territory of Afghanistan. This insurgent 

activity has adversely affected the safety 

of airfield operation for these flights. 

The Afghan insurgents, armed with 

various weapons, pose a serious threat 

to U.S. civil aircraft at local airports and 

to these aircraft on approach to and 

departing from these airports. Insurgents 

with small arms fire capabilities have 

been targeting airfields with rockets and 

have fired on aircraft at these airfields. 

While U.S. civil aircraft have not yet 

specifically been targeted, there have 

been several reported events of these 

aircraft being hit by small arms fire. 

Also, foreign civil aircraft that support 

the North Atlantic Treaty Organization 

(NATO) have been shot down by small 

arms and rocket-propelled grenade fire. 

General Summary of Proposal 

In view of the threat escalation in the 

territory and airspace of Afghanistan, 

and in furtherance of the FAA 

Administrator’s responsibilities to 

promote the safe flight of U.S. civil 

aircraft in air commerce and to issue 

aviation rules in the interest of national 

security of the United States, the 

Administrator has determined that the 

potential hazard to U.S-registered 

aircraft and U.S.-certificated airman 

must be mitigated. Therefore, the FAA 

proposes to issue an SFAR to restrict 

flight below FL 160 within the airspace 

and territory of Afghanistan, except in 

compliance with the procedures set 

forth in this rule. 

Notice and Comment 

The situation in Afghanistan presents 

a unique environment relative to other 

situations when the FAA has imposed 

regulations addressing the safety of U.S. 

certificated operators and airmen and 

U.S. registered aircraft operating in 

foreign territories and airspace. The 

presence of the U.S. military forces in 

Afghanistan has required a large 

presence of U.S. civilian aircraft 

operations to support the warfighting, 

nation-building, and humanitarian 

efforts. The level of these operations 

occurring in Afghanistan warrant the 

FAA to provide notice of the proposed 

regulations to limit flight in this area 

and a limited opportunity for comment 

from operators or individuals that may 

be affected by this action. The FAA 

advises that pursuing this course of 

action with respect to the above flights 

being conducted in Afghanistan does 

not alter in any manner, the agency’s 

authority or ability to impose immediate 

restrictions on the above operations if 

the safety of these operations cannot be 

ensured or for other environments for 

which such regulations may be 

appropriate. 

For the reasons stated, the FAA finds 

that good cause exists to limit the notice 

and public comment period required by 

5 U.S.C. 553(d)(3) to 15 days. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
29468 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Proposed Rules 

Discussion of the Proposed Regulatory 

Requirements 

Prohibition Against Certain Flights 

Within the Territory and Airspace of 

Afghanistan 

Unless specifically approved by the 

FAA as described below, SFAR 110 

would prohibit all flight operations 

within the territory and airspace of 

Afghanistan below FL 160 by U.S. air 

carriers; U.S. commercial operators; 

persons exercising the privileges of an 

airman certificate issued by the FAA, 

unless such person is operating a U.S.- 

registered aircraft for a foreign air 

carrier; and operators of a U.S.- 

registered aircraft, unless the operation 

is for a foreign air carrier. This SFAR is 

necessary to mitigate an undue hazard 

to affected aircraft and to protect 

persons and property onboard those 

aircraft. This SFAR would remain in 

effect for 5 years from the effective date 

of the SFAR. The FAA would retain the 

right to amend, rescind, or extend the 

SFAR as necessary. The FAA would 

continue to monitor the threat level and 

review the SFAR as required and as part 

of the overall U.S. strategy for 

Afghanistan. 

Approval Based on Authorization 

Request of an Agency of the United 

States Government 

If a department or agency of the U.S. 

Government determines that it has a 

critical need to engage any person 

covered under paragraph 1 of proposed 

SFAR 110, including a U.S. air carrier 

or a U.S. commercial operator in a 

charter for transportation of civilian or 

military passengers or cargo where the 

total capacity of the aircraft is used 

solely for that charter while the aircraft 

operates within Afghanistan, the U.S. 

Government department or agency may 

request FAA approval of the operation 

for the person covered under paragraph 

1 (Applicability) of the proposed rule. 

Such an approval request would have 

to be made in writing by a letter signed 

by an appropriate senior official of the 

requesting department or agency of the 

U.S. Government; and the letter must be 

sent to the Associate Administrator for 

Aviation Safety (AVS–1), Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. An appropriate 

senior official is someone with final 

authority for approving that U.S. 

Government department or agency’s 

Safety Risk Analysis Plan (SRAP), 

described in item 2 below. A single 

letter may request approval from the 

FAA for multiple persons covered under 

paragraph 1 (Applicability) of proposed 

SFAR 110. The letter would have to 

identify the person covered under the 

SFAR on whose behalf the U.S. 

Government department or agency is 

seeking FAA approval, and it must 

describe— 

• The proposed operations, including 

the nature of the mission being 

supported; 

• The service provided by the person 

covered by the SFAR; 

• The specific locations within 

Afghanistan where the proposed 

operations will be conducted; and 

• Whether the proposed operations 

involve a landing at a point other than 

the point of departure. 

The request for approval would also 

have to include the following 

documents and information: 

(1) A copy of the written contract 

between the U.S. Government 

department or agency requesting FAA 

approval and persons covered under 

paragraph 1 (Applicability) of proposed 

SFAR 110 for specific flight operations, 

which includes terms and conditions 

detailing how such flight operations are 

to be conducted. 

(2) A Safety Risk Analysis Plan 

(SRAP), approved by an appropriate 

senior official of the U.S. Government 

department or agency, describing how, 

in view of the threat facing U.S. civil 

aviation in Afghanistan, the risks to the 

safety of the operation will be managed. 

The FAA’s review of the SRAP shall not 

constitute FAA approval of the plan, in 

that it is not an FAA determination that 

the SRAP adequately manages the risk 

presented. Different kinds of operations 

or different operating locations may 

require different risk management 

strategies and, thus, the need for a U.S. 

Government department or agency to 

submit multiple SRAPs to address 

different operating conditions. The 

minimum safety considerations that 

must be specifically addressed in the 

SRAP include, but are not limited to— 

• Thorough descriptions of access to 

and the use of intelligence; 

• Operational security (OPSEC), 

including handling, storage, and 

transmission of information related to 

proposed operations; 

• The manner of operational control 

of the aircraft by the operator; 

• Mission planning and briefing, 

including how the management of risks 

related to insurgent activity is 

incorporated into mission planning for 

all stages of the operation; 

• Ground security; 

• In-flight security; 

• Communications, including those 

between the operator and the aircraft 

and with the contracting U.S. 

Government department or agency 

before, during, and after flight 

operations; 

• Equipment, including a description 

of the aircraft and any special 

equipment to be used by the airmen; 

• Whether and how training by the 

operator to flight and ground crew 

members and other operational 

personnel who will be involved in the 

proposed operations will be conducted; 

• Reporting and feedback procedures 

of the operator to report threats to the 

FAA; and 

• Any additional risk analysis and 

management measures deemed 

necessary. 

(3) Any other information requested 

by the FAA. 

If an approval request includes 

classified information, you may contact 

Aviation Safety Inspectors David Catey 

or David Morton for instructions on 

submitting it to the FAA. Their contact 

information is listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed SFAR. 

The FAA would review the request 

for approval submitted by the U.S. 

Government department or agency for 

sufficiency in addressing the aviation 

safety considerations relative to the 

risks to the proposed operations. If the 

FAA determines that the U.S. 

Government department or agency has 

sufficiently addressed those safety 

considerations, an approval may be 

issued as described under the Approval 

Conditions discussion that follows. FAA 

approval of the operation under 

proposed paragraph 4 of SFAR 110 does 

not relieve the operator of its 

responsibility to comply with all FAA 

rules and regulations, as well as all rules 

and regulations of other U.S. 

Government departments or agencies 

that may apply to the operation, 

including, but not limited to, the 

Transportation Security Regulations 

issued by the Transportation Security 

Administration, Department of 

Homeland Security. 

Proposed Approval Conditions 

If the FAA approves the requested 

operation, the FAA’s Aviation Safety 

Organization (AVS) would issue an 

approval directly to the carrier by 

Operations Specifications (large air 

carriers) or a letter of authorization 

(general aviation operations). AVS 

would send a letter to the authorizing 

agency to indicate the extent to which 

the FAA approves the proposed 

operations. The letter would stipulate 

the specific conditions under which the 

FAA approves the air carrier or other 

covered person for the requested 

operations in Afghanistan. Specifically: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
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1Coverage under FAA premium war risk 

insurance policies is suspended, as a condition of 

the premium war risk policy, if an operation is 

covered by non-premium war risk insurance 

through a contract with an agency of the U.S. 

Government under section 44305 of chapter 443 of 

Title 49 of the U.S. Code. 

(1) Any approval would 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) Any approval would specify that 

the operation is not eligible for coverage 

by a premium war risk insurance policy 

issued by the FAA under section 44302 

of chapter 443 of Title 49 of the United 

States Code. A request for such coverage 

would not be granted; 

(3) If the operator is already covered 

by a premium war risk insurance policy 

issued by the FAA,1 the applicant 

would be required to request the FAA 

to issue an endorsement to its premium 

war risk insurance policy that 

specifically excludes coverage for any 

operations below FL 160 in the territory 

and airspace of Afghanistan, including a 

flight plan that contemplates landing in 

or taking off from Afghan territory. If 

approved by the FAA, such an 

endorsement to the premium war risk 

insurance policy would have to be 

issued and effective before the effective 

date of the approval. Additionally, and 

before any approval is issued, the 

operator would have to submit to the 

FAA in writing its agreement to waive 

all claims and liabilities against the U.S. 

Government with respect to any thirdparty claims and liabilities relating to 

any event arising from or related to the 

approved operation. Such waiver and 

indemnification agreement would also 

be required as a condition of any 

exemption issued under paragraph 3 of 

proposed SFAR 110. 

(4) If the operation includes the 

carriage of civilian passengers, the 

operator would have to obtain signed 

statements from each passenger that the 

passenger knowingly accepts the risk of 

the operation and consents to that risk; 

and 

(5) Other conditions as determined by 

the FAA. 

The FAA may impose additional 

conditions on operators through their 

Operations Specifications or letters of 

authorization that are not contained in 

letters notifying requesting departments 

or agencies of approvals. 

Exemption 

Persons covered under paragraph 1 

(Applicability) of proposed SFAR 110 

who are performing operations for 

entities other than U.S. Government 

agencies may seek an exemption under 

paragraph 3 in accordance with the 

procedures set forth in 14 CFR part 11. 

In petitioning for an exemption, the 

petition would have to show that its 

intended operation is in the public 

interest. For these operations, the 

operator would have to (1) submit a 

letter from a U.S. Government agency 

supporting the proposed operations as 

being in the public interest; and (2) 

provide information to demonstrate that 

the operator can establish a comparable 

level of safety, which at a minimum, 

meets the criteria of the SRAP described 

above. Unless both conditions are met, 

an exemption permitting such 

operations will not be granted. 

Paperwork Reduction Act 

This proposal contains the following 

new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

the information requirements associated 

with this proposal to the Office of 

Management and Budget for its review. 

Title: Prohibition Against Certain 

Flights Within the Territory and 

Airspace of Afghanistan. 

Summary: This action would permit 

certain U.S. civil aircraft operations 

below flight level (FL) 160 within the 

territory and airspace of Afghanistan, 

when approved by the FAA. 

Use of: If air carrier operators are 

covered by a premium war risk 

insurance policy issued by the FAA, 

they would be required to issue an 

endorsement to their premium war risk 

insurance policy that specifically 

excludes coverage for any operations 

below FL 160 in the territory and 

airspace of Afghanistan. The FAA 

would also require the affected 

operators to submit documentation to 

FAA showing that the endorsement to 

the premium war risk insurance policy 

is in effect before being issued 

operations specifications authorizing 

such operations. 

Additionally, and before any 

authorization (operation specifications 

or letter of authorization) is issued, the 

operator would have to submit to the 

FAA in writing its agreement to waive 

all claims and liabilities against the U.S. 

Government with respect to any thirdparty claims and liabilities relating to 

any event arising from or related to the 

approved operation. 

Respondents (including number of): 

The FAA estimates that there would be 

25 affected operators. 

Frequency: The information collection 

would occur one time during the first 

year the rule is in affect. 

Annual Burden Estimate: The burden 

estimate is $2,350. 

The proposed rule would require two 

information collections from regulated 

entities. We expect that 25 entities 

would fill out paperwork with policy 

endorsements and they would submit 

the liability waiver and indemnification 

agreement. The required documentation 

for the affected entities to be in 

compliance with this proposed rule 

would take each operator 1 hour to fill 

out, endorse and file the required 

paperwork. As such, the cost for a oneyear period would be $2,350 (1 hour × 

25 applicants × $94 per hour). 

The agency is soliciting comments 

to— 

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of collecting 

information on those who are to 

respond, including by using appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Individuals and organizations may 

send comments on the information 

collection requirement by June 10, 2010, 

and should direct them to the address 

listed in the ADDRESSES section at the 

end of this preamble. Comments also 

should be submitted to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention: Desk Officer for FAA, New 

Executive Building, Room 10202, 725 

17th Street, NW., Washington, DC 

20053. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid OMB 

control number. The OMB control 

number for this information collection 

will be published in the Federal 

Register, after the Office of Management 

and Budget approves it. 

International Compatibility 

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 


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has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these proposed regulations. 

IV. Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs 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) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, the Trade 

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) 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 proposed rule. 

Department of Transportation Order 

DOT 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 cost and benefits is not prepared. 

Such a determination has been made for 

this proposed rule. The reasoning for 

this determination follows: This 

proposed SFAR requires the submission 

of a request to conduct an operation in 

a hazardous airspace. Such a request 

involves the submission of paperwork 

which is viewed as resulting in minimal 

cost. 

The FAA has, therefore, determined 

that while this proposed rule is not an 

economically significant regulatory 

action as defined in section 3(f)(1) of 

Executive Order 12866, it is 

‘‘significant’’ as defined in section 3(f) of 

Executive Order 12866 and DOT’s 

Regulatory Policies and Procedures. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) 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-forprofit 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, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

While we expect more than one small 

entity to be potentially subject to this 

rule, the completion of the proposed 

additional paperwork is thought to be of 

minimal cost. 

Therefore, the FAA certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The FAA solicits comments regarding 

this determination. 

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 

$143.1 million in lieu of $100 million. 

This proposed rule does not contain 

such a mandate; therefore, the 

requirements of Title II of the Act do not 

apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on the relationship between the 

national 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. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraphs 312d and 312f and involves 

no extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have 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. 

Additional Information 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Proposed Rules 29471 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and we place a note in the 

docket that we have received it. If we 

receive a request to examine or copy 

this information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by—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 

Printing Office’s Web page at: http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket or notice number of 

this rulemaking. 

You may access all documents the 

FAA considered in developing this 

proposed rule, including economic 

analyses and technical reports, from the 

internet through the Federal 

eRulemaking Portal referenced in 

paragraph (1). 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, 

Afghanistan. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend Chapter I of Title 14, 

Code of Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44709, 

44711, 44712, 44715, 44716, 44717, 44722, 

46306, 46315, 46316, 46504, 46506–46507, 

47122, 47508, 47528–47531; articles 12 and 

29 of the Convention on International Civil 

Aviation (61 Stat. 1180). 

2. In part 91, Special Federal Aviation 

Regulation (SFAR) No. 110 is added to 

read as follows: 

Special Federal Aviation Regulation 

No. 110—Prohibition Against Certain 

Flights Within the Territory and 

Airspace of Afghanistan 

1. Applicability. This rule applies to 

the following persons: 

(a) All U.S. air carriers and U.S. 

commercial operators; 

(b) All persons exercising the 

privileges of an airman certificate issued 

by the FAA, except such persons 

operating U.S.-registered aircraft for a 

foreign air carrier; and 

(c) All operators of U.S.-registered 

aircraft, except where the operator of 

such aircraft is a foreign air carrier. 

2. Flight prohibition. Except as 

provided below, or in paragraphs 3 and 

4 of this SFAR, no person described in 

paragraph 1 may conduct flight 

operations within the territory and 

airspace of Afghanistan below FL 160. 

This rule permits U.S. civil aircraft 

operations by persons described in 

paragraph 1 below flight level (FL) 160 

within the territory and airspace of 

Afghanistan, only when approved by 

the FAA as provided herein. 

(a) Overflights of Afghanistan may be 

conducted at or above FL 160 subject to 

the approval of, and in accordance with 

the conditions established by, the 

appropriate authorities of Afghanistan. 

(b) Flights departing from countries 

adjacent to Afghanistan whose climb 

performance will not permit operation 

at or above FL 160 prior to entering 

Afghan airspace may operate at altitudes 

below FL 160 within Afghanistan to the 

extent necessary to permit a climb above 

FL 160, subject to the approval of, and 

in accordance with the conditions 

established by, the appropriate 

authorities of Afghanistan. 

3. Permitted operations. This SFAR 

does not prohibit persons described in 

section 1 from conducting flight 

operations within the territory and 

airspace of Afghanistan below FL 160 

when such operations are authorized 

either by another agency of the United 

States Government with the approval of 

the FAA or by an exemption issued by 

the Administrator. 

4. 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 SFAR to 

the extent required by that emergency. 

Except for U.S. air carriers and 

commercial operators that are subject to 

the requirements of Title 14 CFR parts 

119, 121, or 135, each person who 

deviates from this rule must, within 10 

days of the deviation, excluding 

Saturdays, Sundays, and Federal 

holidays, submit to the nearest FAA 

Flight Standards District 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. 

5. Expiration. This Special Federal 

Aviation Regulation will remain in 

effect for 5 years from the effective date. 

The FAA may amend, rescind, or extend 

the SFAR as necessary. 

Issued in Washington, DC, on May 21, 

2010. 

Raymond Towles, 

Acting Director, Flight Standards Service, 

Aviation Safety. 

[FR Doc. 2010–12670 Filed 5–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2010–0302; Notice No. 10– 

08] 

RIN 2120–AJ75 

The New York North Shore Helicopter 

Route 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This proposed action would 

require helicopter operators to use the 

New York North Shore Route when 

operating in that area of Long Island, 

New York. The North Shore Route was 

added to the New York Helicopter Route 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1