This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

73529 

Vol. 88, No. 206 

Thursday, October 26, 2023 

1 In its May 24, 2018, Aeronautical Information 

Regulation and Control (AIRAC 1806) publication, 

the Ukrainian State Air Traffic Services Enterprise, 

the air navigation service provider for Ukraine, 

renamed the FIR formerly known as the 

Dnipropetrovsk FIR (UKDV) the Dnipro FIR 

(UKDV). This rule uses the current FIR name, 

including in historical references to the FIR. 

2NOTAM KICZ A0003/22 prohibits U.S. civil 

aviation operations in the Minsk FIR (UMMV), and 

NOTAM KICZ A0005/22 prohibits U.S. civil 

aviation operations in specified areas of the 

Moscow (UUWV), Samara (UWWW), and Rostov-na 

Donu (URRV) FIRs within the 160 nautical miles of 

the boundaries of those FIRs and the Ukrainianmanaged FIRs described in NOTAM KICZ A0005/ 

22. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2014–0225; Amdt. No. 91– 

331H] 

RIN 2120–AL95 

Removal of the Prohibition Against 

Certain Flights in Specified Areas of 

the Dnipro Flight Information Region 

(FIR) (UKDV) 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action removes the 

current flight prohibition Special 

Federal Aviation Regulation (SFAR) for 

specified areas of the Dnipro Flight 

Information Region (FIR) (UKDV). This 

SFAR, which is scheduled to expire on 

October 27, 2023, reflects risks to the 

safety of U.S. civil aviation as they 

existed prior to the Russian Federation’s 

full-scale invasion of Ukraine in 

February 2022 and is therefore obsolete. 

This action is necessary to alleviate 

confusion that might otherwise result 

from leaving an obsolete rule in the 

Code of Federal Regulations (CFR) after 

its scheduled expiration date of October 

27, 2023. FAA Notice-to-Air-Missions 

(NOTAM) KICZ A0004/22 remains in 

effect and continues to prohibit U.S. 

civil flight operations in the Lviv 

(UKLV), Kyiv (UKBV), Dnipro (UKDV), 

Simferopol (UKFV), and Odesa (UKOV) 

FIRs, as well as the Kyiv Upper 

Information Region (UIR) (UKBU). 

NOTAM KICZ A0004/22, together with 

NOTAMs KICZ A0003/22 and A0005/ 

22, reflects the FAA’s current 

assessment of the safety-of-flight risks 

the Russia-Ukraine conflict presents to 

U.S. civil aviation operations. 

DATES: This final rule is effective on 

October 27, 2023. 

FOR FURTHER INFORMATION CONTACT: Bill 

Petrak, Flight Standards Service, 

through the Washington Operations 

Center, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–3203; email 9-FAAOverseasFlightProhibitions@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

This action removes the FAA’s 

current flight prohibition SFAR for 

specified areas of the Dnipro FIR 

(UKDV), SFAR No. 113, 14 CFR 

91.1607.1 SFAR No. 113, § 91.1607, 

which is scheduled to expire on October 

27, 2023, reflects risks to the safety of 

U.S. civil aviation as they existed prior 

to the Russian Federation’s full-scale 

invasion of Ukraine in February 2022 

and is therefore obsolete. This action is 

necessary to alleviate confusion that 

might otherwise result from leaving an 

obsolete rule in the CFR after its 

scheduled expiration date of October 27, 

2023. NOTAM KICZ A0004/22 remains 

in effect and continues to prohibit U.S. 

civil flight operations in the Lviv 

(UKLV), Kyiv (UKBV), Dnipro (UKDV), 

Simferopol (UKFV), and Odesa (UKOV) 

FIRs, as well as the Kyiv UIR (UKBU). 

NOTAM KICZ A0004/22, together with 

NOTAMs KICZ A0003/22 and A0005/ 

22,2 reflects the FAA’s current 

assessment of the safety-of-flight risks 

the Russia-Ukraine conflict presents to 

U.S. civil aviation operations. 

II. Authority and Good Cause 

A. Authority 

The FAA is responsible for the safety 

of flight in the U.S. and for the safety 

of U.S. civil operators, U.S.-registered 

civil aircraft, and U.S.-certificated 

airmen throughout the world. Sections 

106(f) and (g) of title 49, U.S. Code 

(U.S.C.), subtitle I, establish the FAA 

Administrator’s authority to issue rules 

on aviation safety. Subtitle VII of title 

49, Aviation Programs, describes in 

more detail the scope of the agency’s 

authority. Section 40101(d)(1) provides 

that the Administrator shall consider in 

the public interest, among other matters, 

assigning, maintaining, and enhancing 

safety and security as the highest 

priorities in air commerce. Section 

40105(b)(1)(A) requires the 

Administrator to exercise this authority 

consistently with the obligations of the 

U.S. Government under international 

agreements. 

The FAA is promulgating this rule 

under the authority described in 49 

U.S.C. 44701, General requirements. 

Under that section, the FAA is charged 

broadly with promoting safe flight of 

civil aircraft in air commerce by 

prescribing, among other things, 

regulations and minimum standards for 

practices, methods, and procedures that 

the Administrator finds necessary for 

safety in air commerce and national 

security. 

This regulation is within the scope of 

the FAA’s authority because it removes 

an obsolete flight prohibition that 

prohibits the persons described in 

paragraph (a) of SFAR No. 113, 

§ 91.1607, from conducting flight 

operations in specified areas of the 

Dnipro FIR (UKDV) only. The February 

2022 full-scale Russian invasion of 

Ukraine and the ensuing armed conflict 

between the Russian Federation and 

Ukraine significantly expanded the area 

of unacceptable safety-of-flight risks to 

U.S. civil aviation beyond the 

boundaries of SFAR No. 113, § 91.1607. 

To address the resulting emergency 

related to safety in air commerce, which 

required immediate action, the FAA 

Administrator issued emergency orders, 

as authorized by 49 U.S.C. 46105(c), in 

the form of NOTAMs KICZ A0003/22, 

A0004/22, and A0005/22. As described 

in NOTAMs KICZ A0003/22, A0004/22, 

and A0005/22, these emergency orders 

prohibit U.S. civil aviation operations 

throughout all of the FIRs managed by 

Belarus and Ukraine and in specified 

areas of certain FIRs managed by the 

Russian Federation. The FAA has 

determined it is not practicable at this 

time to give preference to a proceeding 

to incorporate the flight prohibition 

contained in NOTAM KICZ A0004/22 

into the CFR, because the RussiaVerDate Sep<11>2014 15:56 Oct 25, 2023 Jkt 262001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1

ddrumheller on DSK120RN23PROD with RULES1
73530 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Rules and Regulations 

3Prohibition Against Certain Flights in the 

Simferopol (UKFV) Flight Information Region (FIR) 

final rule, 79 FR 22862 (Apr. 25, 2014). 

4Prohibition Against Certain Flights in the 

Simferopol (UKFV) and Dnipropetrovsk (UKDV) 

Flight Information Regions (FIRs) final rule, 79 FR 

77857 (Dec. 29, 2014). 

5Amendment of the Prohibition Against Certain 

Flights in Specified Areas of the Simferopol and 

Dnipropetrovsk Flight Information Regions (FIRs) 

(UKFV and UKDV) final rule, 83 FR 52954 (Oct. 19, 

2018); Amendment of the Prohibition Against 

Certain Flights in Specified Areas of the Simferopol 

and Dnipropetrovsk Flight Information Regions 

(FIRs) (UKFV and UKDV) final rule, 85 FR 65678 

(Oct. 16, 2020); and Extension of the Prohibition 

Against Certain Flights in Specified Areas of the 

Dnipro Flight Information Region (FIR) (UKDV) 

final rule, 86 FR 55485 (Oct. 6, 2021). 

6Extension of the Prohibition Against Certain 

Flights in Specified Areas of the Dnipro Flight 

Information Region (FIR) (UKDV) final rule, 86 FR 

55485 (Oct. 6, 2021). 

Ukraine conflict and the associated 

areas of unacceptable safety-of-flight 

risks to U.S. civil aviation have yet to 

stabilize sufficiently. 

B. Good Cause for Immediate Adoption 

Section 553(b)(B) of title 5, U.S. Code, 

authorizes agencies to dispense with 

notice and comment procedures for 

rules when the agency for ‘‘good cause’’ 

finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Also, section 

553(d) permits agencies, upon a finding 

of good cause, to issue rules with an 

effective date less than 30 days from the 

date of publication. In this instance, the 

FAA finds good cause to forgo notice 

and comment and the delayed effective 

date because they would be 

unnecessary. 

This action removes SFAR No. 113, 

§ 91.1607, which only prohibits U.S. 

civil aviation operations in specified 

areas of the Dnipro FIR (UKDV) and is 

scheduled to expire on October 27, 

2023. As previously described, the 

February 2022 full-scale Russian 

invasion of Ukraine and the ensuing 

armed conflict between the Russian 

Federation and Ukraine significantly 

expanded the area of unacceptable 

safety-of-flight risks to U.S. civil 

aviation, leading the FAA to issue 

NOTAMs KICZ A0003/22, A0004/22, 

and A0005/22 to address the resulting 

emergency related to safety in air 

commerce. NOTAM KICZ A0004/22 

prohibits U.S. civil aviation operations 

in all of the FIRs managed by Ukraine, 

including the specified areas of the 

Dnipro FIR (UKDV) in which SFAR No. 

113, § 91.1607, prohibits U.S. civil 

aviation operations. NOTAM KICZ 

A0004/22 remains in effect until 

modified, superseded, or rescinded by 

the FAA. 

Leaving SFAR No. 113, § 91.1607, in 

the CFR after its scheduled expiration 

date of October 27, 2023, might confuse 

the regulated community. Therefore, to 

alleviate the potential for confusion, the 

FAA is removing SFAR No. 113, 

§ 91.1607. This action is ministerial in 

nature as it is only removing an expired 

provision from the CFR and has no 

substantive effect on the public. 

For the reasons previously described, 

the FAA finds that providing notice and 

seeking public comment under 5 U.S.C. 

553(b)(B) are unnecessary. For the same 

reasons, the FAA finds that good cause 

exists under 5 U.S.C. 553(d) for making 

this rule effective in less than 30 days. 

Accordingly, the FAA finds good cause 

exists to forgo notice and comment and 

any delay in the effective date for this 

rule. 

III. Background and Discussion of the 

Final Rule 

On April 25, 2014, the FAA published 

SFAR No. 113, § 91.1607, which 

initially prohibited certain flight 

operations in a portion of the 

Simferopol FIR (UKFV) after Russia 

unlawfully seized Crimea from 

Ukraine.3 In the months that followed, 

the ensuing violence and the associated 

safety-of-flight risks to U.S. civil 

aviation expanded to encompass the 

entirety of the Simferopol and Dnipro 

FIRs (UKFV and UKDV, respectively). 

Tragically, Malaysia Airlines Flight 17 

(MH 17) was shot down on July 17, 

2014, while flying over Ukraine at 

33,000 feet, just west of the Russian 

border. All of the 298 passengers and 

crew on board MH 17 perished. 

The FAA determined the use of 

weapons capable of targeting and 

shooting down aircraft flying on civil air 

routes at cruising altitudes posed a 

dangerous threat to U.S. civil aviation 

operating in the Simferopol and Dnipro 

FIRs (UKFV and UKDV, respectively). 

On July 18, 2014, Coordinated Universal 

Time (UTC), the FAA issued NOTAM 

FDC 4/2182, which prohibited U.S. civil 

aviation operations in the entirety of the 

Simferopol and Dnipro FIRs (UKFV and 

UKDV, respectively). The FAA 

subsequently incorporated that flight 

prohibition into SFAR No. 113, 

§ 91.1607, on December 29, 2014.4

In the years that followed, the FAA 

determined security and safety 

conditions had stabilized sufficiently in 

certain portions of the Simferopol and 

Dnipro FIRs (UKFV and UKDV, 

respectively) for U.S. civil aviation 

operations to resume safely.5 Most 

recently, in an October 2021 final rule,6

the FAA determined that an 

unacceptable level of inadvertent risk to 

U.S. civil aviation operations remained 

in the specified areas of the Dnipro FIR 

(UKDV), which included the airspace 

over and near the line of contact, as it 

existed at that time, where most ceasefire violations occurred. Tensions 

remained elevated, in part due to the 

heightened Russian military force 

posturing in Crimea and along the 

Russia-Ukraine border and increases in 

cease-fire violations. In addition, the 

conflict between Ukraine and Russianback separatists in eastern Ukraine 

continued. These circumstances 

resulted in continued inadvertent risk to 

U.S. civil aviation operations due to the 

potential for miscalculation or 

misidentification. 

The February 2022 full-scale Russian 

invasion of Ukraine greatly expanded 

the area of unacceptable safety-of-flight 

risks to U.S. civil aviation to include the 

entirety of Ukrainian territorial airspace, 

as well as the international airspace of 

all of the FIRs managed by Ukraine. On 

February 24, 2022, the FAA issued 

NOTAM KICZ A0004/22, prohibiting 

U.S. civil aviation operations in all of 

the FIRs managed by Ukraine at all 

altitudes. 

The FAA has determined the situation 

in all of the FIRs managed by Ukraine 

continues to pose an unacceptable level 

of risk for U.S. civil aviation safety. 

Conflict-related risks affecting civil 

aviation in these FIRs include near-daily 

attacks using weaponized unmanned 

aircraft systems (UAS), cruise missiles, 

and attack helicopters, resulting in the 

increased defensive use of advanced 

surface-to-air missile systems and 

electronic warfare. The Russian 

Federation has demonstrated its 

continuing capability and intent to use 

standoff strike capabilities to engage 

targets throughout Ukraine, including 

the capital, Kyiv, and Lviv, located in 

western Ukraine near the border with 

Poland. In June 2023, Ukraine launched 

its anticipated counteroffensive in 

eastern and southern Ukraine, 

prompting increased Russian standoff 

attacks to put pressure on the Ukrainian 

government. The protracted conflict is 

expected to continue in the near to midterm, despite minimal changes in 

territorial control so far as the Ukraine 

counteroffensive takes shape. It remains 

unclear when and how the conflict, and 

the associated areas of unacceptable 

safety-of-flight risks to U.S. civil 

aviation, may eventually stabilize. 

Under these circumstances, the FAA has 

determined it is not practicable to give 

preference to a proceeding to 

incorporate the flight prohibition 

contained in NOTAM KICZ A0004/22 

into the CFR at this time. 

The current version of SFAR No. 113, 

§ 91.1607, which only prohibits U.S. 

civil aviation operations in specified 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Rules and Regulations 73531 

7NOTAMS KICZ A0003/22 and A0005/22 also 

remain in effect. 

areas of the Dnipro FIR (UKDV) and 

which the FAA issued prior to the 

February 2022 full-scale Russian 

invasion of Ukraine, does not reflect the 

area in which the FAA has determined 

unacceptable safety-of-flight risks to 

U.S. civil aviation currently exist as a 

result of the Russia-Ukraine conflict. 

Leaving this obsolete rule in the CFR 

after its scheduled expiration date of 

October 27, 2023, has the potential to 

confuse the regulated community about 

the FAA’s flight prohibition posture 

with respect to U.S. civil aviation 

operations in the FIRs managed by 

Ukraine. Therefore, the FAA is 

removing SFAR No. 113, § 91.1607 from 

the CFR. NOTAM KICZ A0004/22 

remains in effect and continues to 

prohibit U.S. civil aviation operations in 

the Lviv (UKLV), Kyiv (UKBV), Dnipro 

(UKDV), Simferopol (UKFV), and Odesa 

(UKOV) FIRs, as well as the Kyiv Upper 

Information Region (UIR).7

The FAA will continue to closely 

monitor the conflict for changes in the 

risk environment as it relates to the 

safety and security of U.S. civil aviation. 

IV. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

executive orders and other 

requirements. First, Executive Orders 

12866 and 13563, as amended by 

Executive Order 14094 (‘‘Modernizing 

Regulatory Review’’), direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354), as codified in 

5 U.S.C. 603 et seq., requires agencies to 

analyze the economic impact of 

regulatory changes on small entities. 

Third, the Trade Agreements Act of 

1979 (Pub. L. 96–39), as codified in 19 

U.S.C. Chapter 13, prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, the Trade 

Agreements Act requires agencies to 

consider international standards and, 

where appropriate, that they be the basis 

of U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), as codified in 2 U.S.C. Chapter 

25, requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or Tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. 

In conducting these analyses, the FAA 

has determined this final rule has 

benefits that justify its costs. This rule 

is a nonsignificant significant regulatory 

action, as defined in section 3(f) of 

Executive Order 12866 as amended by 

Executive Order 14094. As 5 U.S.C. 553 

does not require notice and comment for 

this final rule, 5 U.S.C. 603 and 604 do 

not require regulatory flexibility 

analyses regarding impacts on small 

entities. This rule will not create 

unnecessary obstacles to the foreign 

commerce of the United States. This 

rule will not impose an unfunded 

mandate on State, local, or Tribal 

governments, or on the private sector, 

by exceeding the threshold identified 

previously. 

A. Regulatory Evaluation 

This rule removes the flight 

prohibition SFAR for specified areas of 

the Dnipro FIR (UKDV). Given that the 

Russia-Ukraine conflict and the 

associated areas of unacceptable safetyof-flight risks to U.S. civil aviation have 

yet to stabilize sufficiently, the FAA has 

determined it is not practicable to give 

preference to a proceeding to 

incorporate the flight prohibition 

contained in NOTAM KICZ A0004/22 

into the CFR at this time. To avoid the 

potential confusion that leaving the 

obsolete flight prohibition in the CFR 

after its scheduled expiration date might 

cause, the FAA is removing SFAR No. 

113, § 91.1607. 

U.S. civil flight operations in the Lviv 

(UKLV), Kyiv (UKBV), Dnipro (UKDV), 

Simferopol (UKFV), and Odesa (UKOV) 

FIRs, as well as the Kyiv UIR (UKBU), 

remain prohibited by NOTAM KICZ 

A0004/22. Accordingly, the removal of 

SFAR No. 113, § 91.1607, which 

prohibits U.S. civil aviation operations 

in airspace fully encompassed within 

the much larger area of airspace in 

which NOTAM KICZ A0004/22 

prohibits U.S. civil aviation operations, 

has no incremental costs. This rule 

alleviates the potential for confusion 

amongst the regulated community. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

in 5 U.S.C. 603, requires an agency to 

prepare an initial regulatory flexibility 

analysis describing impacts on small 

entities whenever 5 U.S.C. 553 or any 

other law requires an agency to publish 

a general notice of proposed rulemaking 

for any proposed rule. Similarly, 5 

U.S.C. 604 requires an agency to prepare 

a final regulatory flexibility analysis 

when an agency issues a final rule 

under 5 U.S.C. 553 after that section or 

any other law requires publication of a 

general notice of proposed rulemaking. 

The FAA concludes good cause exists to 

forgo notice and comment and to not 

delay the effective date for this rule. As 

5 U.S.C. 553 does not require notice and 

comment in this situation, 5 U.S.C. 603 

and 604 similarly do not require 

regulatory flexibility analyses. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to this Act, the establishment 

of standards is not considered an 

unnecessary obstacle to the foreign 

commerce of the United States, so long 

as the standard has a legitimate 

domestic objective, such as the 

protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

This rule removes an existing 

prohibition on U.S. civil aviation 

operations in specified areas of the 

Dnipro FIR (UKDV), a location outside 

the United States, that is scheduled to 

expire on October 27, 2023. As this rule 

relates to a location outside the United 

States, the rule complies with the Trade 

Agreements Act of 1979. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of $177 

million in lieu of $100 million. 

This final rule does not contain such 

a mandate. Therefore, the requirements 

of Title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires the FAA to 

consider the impact of paperwork and 

other information collection burdens it 

imposes on the public. The FAA has 


ddrumheller on DSK120RN23PROD with RULES1
73532 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Rules and Regulations 

determined no new requirement for 

information collection is associated 

with this final rule. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, the FAA’s policy is to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has determined no ICAO Standards and 

Recommended Practices correspond to 

this regulation. The FAA finds this 

action is fully consistent with the 

obligations under 49 U.S.C. 

40105(b)(1)(A) to ensure the FAA 

exercises its duties consistently with the 

obligations of the United States under 

international agreements. 

G. Environmental Analysis 

The FAA has analyzed this action 

under Executive Order 12114, 

Environmental Effects Abroad of Major 

Federal Actions, and DOT Order 

5610.1C, Paragraph 16. Executive Order 

12114 requires the FAA to be informed 

of environmental considerations and 

take those considerations into account 

when making decisions on major 

Federal actions that could have 

environmental impacts anywhere 

beyond the borders of the United States. 

The FAA has determined this action is 

exempt pursuant to Section 2–5(a)(i) of 

Executive Order 12114 because it does 

not have the potential for a significant 

effect on the environment outside the 

United States. 

In accordance with FAA Order 

1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 8– 

6(c), the FAA has prepared a 

memorandum for the record stating the 

reason(s) for this determination and has 

placed it in the docket for this 

rulemaking. 

V. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 13132. The agency has 

determined this action will not have a 

substantial direct effect on the States, or 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, this 

rule will not have federalism 

implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this rule under 

Executive Order 13211. The agency has 

determined it is not a ‘‘significant 

energy action’’ under the executive 

order and will not be likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609 promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609 and has determined that 

this action will have no effect on 

international regulatory cooperation. 

VI. Additional Information 

A. Electronic Access 

Except for classified and controlled 

unclassified material not authorized for 

public release, all documents the FAA 

considered in developing this rule, 

including economic analyses and 

technical reports, may be accessed from 

the internet through the docket for this 

rulemaking. 

Those documents may be viewed 

online at https://www.regulations.gov 

using the docket number listed above. A 

copy of this rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found at the FAA’s Regulations 

and Policies website at https://

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121) (set forth as 

a note to 5 U.S.C. 601) requires the FAA 

to comply with small entity requests for 

information or advice about compliance 

with statutes and regulations within its 

jurisdiction. A small entity with 

questions regarding this document may 

contact its local FAA official, or the 

persons listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. To find out 

more about SBREFA on the internet, 

visit http://www.faa.gov/regulations_

policies/rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, 

Ukraine. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

§ 91.1607 [Reserved] 

■ 2. Remove and reserve § 91.1607. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f) and (g), 

40101(d)(1), 40105(b)(1)(A), and 44701(a)(5). 

Polly E. Trottenberg, 

Acting Administrator. 

[FR Doc. 2023–23656 Filed 10–25–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 570 

[FR–6411–N–01] 

Section 108 Loan Guarantee Program: 

Announcement of Fee To Cover Credit 

Subsidy Costs for FY 2024 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Announcement of fee. 

SUMMARY: This document announces the 

fee that HUD will collect from 

borrowers of loans guaranteed under 

HUD’s Section 108 Loan Guarantee 

Program (Section 108 Program) to offset 


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