39660 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 

immediately begin reinspecting all 

imported Siluriformes fish and fish 

product shipments https://

www.congress.gov/crec/2017/05/03/ 

CREC-2017-05-03-bk2.pdf). FSIS 

announced its intention to begin this 

reinspection in a Federal Register 

notice on July 3, 2017 (‘‘Import 

Reinspection of Fish of the Order 

Siluriformes’’ (82 FR 30721)). 

FSIS held a series of domestic and 

import educational meetings when the 

final rule initially published in 

December 2015. More recently, in June 

and July 2017, FSIS held additional 

educational meetings in Richmond, VA, 

and Baltimore, MD. Another 

educational meeting is scheduled for 

August 24, 2017, in Memphis, TN. FSIS 

has gained significant insight into the 

domestic and importing Siluriformes 

fish industries during the transitional 

period. 

FSIS is announcing this educational 

meeting to provide updates regarding 

full implementation of the regulatory 

requirements and to exchange 

information with operations that 

process wild-caught Siluriformes fish 

and fish products, and thus encourages 

representatives and parties involved in 

this industry to attend the educational 

meetings. The Agency is particularly 

interested in gaining additional insight 

into how the wild-caught Siluriformes 

fish arrive at processing facilities, where 

the wild-caught Siluriformes fish are 

sourced, daily production volume 

information for these facilities, and 

where the final Siluriformes fish and 

fish products are being sold or 

distributed after processing. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 

announce this Federal Register 

publication on-line through the FSIS 

Web page located at: http://

www.fsis.usda.gov/federal-register. 

FSIS also will make copies of this 

publication available through the FSIS 

Constituent Update, which is used to 

provide information regarding FSIS 

policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, and other types of information 

that could affect or would be of interest 

to our constituents and stakeholders. 

The Update is available on the FSIS 

Web page. Through the Web page, FSIS 

is able to provide information to a much 

broader, more diverse audience. In 

addition, FSIS offers an email 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at: 

http://www.fsis.usda.gov/subscribe. 

Options range from recalls to export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves, and have the 

option to password protect their 

accounts. 

USDA Non-Discrimination Statement 

No agency, officer, or employee of the 

USDA shall, on the grounds of race, 

color, national origin, religion, sex, 

gender identity, sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, or political 

beliefs, exclude from participation in, 

deny the benefits of, or subject to 

discrimination any person in the United 

States under any program or activity 

conducted by the USDA. 

How To File a Complaint of 

Discrimination 

To file a complaint of discrimination, 

complete the USDA Program 

Discrimination Complaint Form, which 

may be accessed online at http://

www.ocio.usda.gov/sites/default/files/ 

docs/2012/Complain_combined_6_8_

12.pdf, or write a letter signed by you 

or your authorized representative. 

Send your completed complaint form 

or letter to USDA by mail, fax, or email: 

Mail: U.S. Department of Agriculture, 

Director, Office of Adjudication, 1400 

Independence Avenue SW., 

Washington, DC 20250–9410, Fax: (202) 

690–7442, Email: program.intake@

usda.gov. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.), 

should contact USDA’s TARGET Center 

at (202) 720–2600 (voice and TDD). 

Done at Washington, DC, on: August 17, 

2017. 

Paul Kiecker, 

Acting Administrator. 

[FR Doc. 2017–17757 Filed 8–21–17; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No.: FAA–2016–9154; Amdt. No. 

91–348] 

RIN 2120–AK88 

Incorporation by Reference of ICAO 

Annex 2; Removal of Outdated North 

Atlantic Minimum Navigation 

Performance Specifications 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule better aligns FAA 

regulations regarding the North Atlantic 

(NAT) Minimum Navigation 

Performance Specifications (MNPS) 

with the relevant International Civil 

Aviation Organization (ICAO) 

standards. The ICAO NAT Region is 

transitioning from the decades-old 

MNPS navigation specification to a 

more modern, Performance-Based 

Navigation (PBN) specification. This 

rule also incorporates by reference the 

current version of Annex 2 (‘‘Rules of 

the Air’’) to the Convention on 

International Civil Aviation (the 

‘‘Chicago Convention’’), hereinafter 

referred to as ‘‘ICAO Annex 2,’’ in the 

FAA’s regulations. 

DATES: This regulation is effective 

October 23, 2017. The incorporation by 

reference of the publication listed in the 

rule is approved by the Director of the 

Federal Register as of October 23, 2017. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Kelley, Flight Technologies 

Division, Flight Standards Service, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8854; email Kevin.C.Kelley@

faa.gov. For questions about ICAO 

Annex 2, contact the FAA’s Office of 

International Affairs at (202) 267–1000. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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’s authority to issue rules on 

aviation safety is found in title 49 

United States Code (U.S.C.). Subtitle I, 


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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 39661 

Section 106(f) and (g), describe the 

authority of the FAA Administrator. 

Subtitle VII of title 49, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. Section 

40101(d)(1) provides that the 

Administrator shall consider in the 

public interest, among other matters, 

assigning, maintaining, and enhancing 

safety and security as the highest 

priorities in air commerce. Section 

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

Administrator to exercise his authority 

consistently with the obligations of the 

U.S. Government under international 

agreements. 

This rule is promulgated under the 

authority described in title 49, subtitle 

VII, part A, subpart III, section 44701, 

General requirements. Under that 

section, the FAA is charged broadly 

with promoting safe flight of civil 

aircraft in air commerce by prescribing, 

among other things, regulations and 

minimum standards for practices, 

methods, and procedures that the 

Administrator finds necessary for safety 

in air commerce and national security. 

This rule is also promulgated 

pursuant to title 49 U.S.C. 40103(b)(1) 

and (2), which charge the FAA with 

issuing regulations: (1) To ensure the 

safety of aircraft and the efficient use of 

airspace; and (2) to govern the flight of 

aircraft for purposes of navigating, 

protecting and identifying aircraft, and 

protecting individuals and property on 

the ground. 

This regulation is within the scope of 

FAA’s authority under the statutes cited 

above, because it amends 14 CFR 

91.703, 91.705, 91.905, and 91.1027 and 

Appendices C and G to part 91, to better 

align FAA regulations with changes to 

international standards for operations in 

airspace over the high seas. This rule 

also incorporates by reference the 

current version of ICAO Annex 2 in 

FAA regulations. 

I. Background 

A. Summary of the NPRM 

On September 29, 2016, the FAA 

published an NPRM (81 FR 66877) in 

which it proposed several amendments 

to part 91 to improve the alignment 

between FAA regulations and ICAO 

standards relevant to operations over 

the North Atlantic and in other airspace 

over the high seas. As a result of ICAO 

renaming the NAT MNPS airspace as 

the NAT High Level Airspace (NAT 

HLA) and requiring PBN specifications 

to operate in NAT HLA by January 2020, 

the references to NAT MNPS in FAA 

regulations are outdated. Accordingly, 

the FAA proposed to remove all 

instances of MNPS in 14 CFR part 91. 

In the NPRM, the FAA also stated that 

the prescriptive references to 

navigational specifications in part 91 

were not necessary, since operators are 

required to comply with ICAO Annex 2, 

when operating over the high seas. 

Article 12 of the Chicago Convention 

states, in pertinent part, ‘‘Over the high 

seas, the rules in force [with respect to 

the flight and maneuver of aircraft] shall 

be those established under this 

Convention.’’ The Foreword to ICAO 

Annex 2 further states that the ICAO 

‘‘. . . Council resolved, in adopting 

Annex 2 in April 1948 and Amendment 

1 to the said Annex in November 1951, 

that the Annex constitutes [r]ules 

relating to the flight and [maneuver] of 

aircraft within the meaning of Article 12 

of the [Chicago] Convention.’’ The 

Foreword to ICAO Annex 2 further 

states that, ‘‘[o]ver the high seas, 

therefore, these rules apply without 

exception.’’ The international standard 

in ICAO Annex 2, paragraph 5.1.1, 

states that: ‘‘Aircraft shall be equipped 

with suitable instruments and with 

navigation equipment appropriate to the 

route to be flown.’’ 

In the NPRM, the FAA also proposed 

to incorporate by reference the current 

version of ICAO Annex 2. 

II. Discussion of Public Comments and 

Final Rule 

A. Comments and Final Rule 

The FAA did not receive any 

comments on the NPRM. With this final 

rule, the FAA adopts the changes as 

proposed, except as follows. First, in 

§ 91.703, the name of the relevant ICAO 

unit, the name of the street on which the 

unit is located, the address of the unit’s 

Web site, and the address of the 

National Archives and Records 

Administration (NARA) Web site where 

information about material incorporated 

by reference into Federal regulations 

can be found have all been updated in 

the final rule to reflect current 

information. Second, the FAA neglected 

to include the relevant ICAO unit’s 

telephone number and email address, as 

well as the agency phone number for 

questions from the public regarding 

ICAO Annex 2, in the NPRM and 

includes them in this final rule. Third, 

in the NPRM, the FAA also proposed to 

remove, but inadvertently neglected to 

propose to reserve for future use, 

§ 91.705 and Appendix C to part 91. The 

FAA reserves for future use § 91.705 and 

Appendix C to part 91 in this final rule. 

These are minor technical changes that 

have no substantive effect on regulated 

entities. Except as described in this 

paragraph, explanations for the changes 

to §§ 91.703, 91.705, and 91.1027 and 

Appendices C and G to part 91 are 

contained in the NPRM. 

Further, in preparing the final rule, 

the FAA also discovered that it had not 

proposed to remove the reference to 

‘‘91.705 Operations within the North 

Atlantic Minimum Navigation 

Performance Specifications Airspace’’ 

from the list of rules subject to waiver 

in § 91.905 although the NPRM 

proposed to remove, and this final rule 

does remove, § 91.705 from the CFR. 

Consequently, removing the reference to 

§ 91.705 from the list of rules subject to 

waiver in § 91.905 has no substantive 

effect on regulated entities. The FAA 

removes the reference to § 91.705 from 

§ 91.905 in this final rule. 

B. Incorporation by Reference 

As part of the changes proposed in the 

NPRM, the FAA proposed to 

incorporate by reference the current 

version of ICAO Annex 2, up to and 

including Amendment 45, applicable on 

November 10, 2016. ICAO Annex 2 

contains the ICAO standards that make 

up the rules of the air applicable to the 

flight and maneuver of civil aircraft 

operating over the high seas. ICAO 

Annex 2, including all amendments 

through Amendment 32, was 

incorporated by reference into § 91.703, 

effective April 9, 1997 (62 FR 17480, 

Apr. 9, 1997). Since then, an additional 

thirteen amendments to ICAO Annex 2 

have been published, creating an 

ambiguity about the version of ICAO 

Annex 2 applicable to operators of U.S.- 

registered civil aircraft in high seas 

airspace. The amendments to ICAO 

Annex 2 since the previous 

incorporation by reference are described 

in Table 1 in the NPRM (81 FR at 

66878). 

The FAA noted in the proposed rule 

that the incorporation by reference of 

ICAO Annex 2 in § 91.703 did not 

include the proper language conveying 

the approval of the Director of the 

Federal Register. The FAA proposed to 

incorporate by reference the current 

version of ICAO Annex 2, including 

appropriate language to reflect the 

approval of the Director of the Federal 

Register. This final rule incorporates by 

reference ICAO Annex 2, up to and 

including Amendment 45, applicable on 

November 10, 2016, into § 91.703. 

ICAO Annex 2 is available through 

the International Civil Aviation 

Organization (ICAO), Marketing and 

Customer Relations Unit, 999 Robert 

Bourassa Boulevard, Montreal, Quebec 

H3C 5H7, Canada. Also, you may obtain 

this document on the Internet at http:// 

store1.icao.int/ or by contacting the 

ICAO Marketing and Customer 

Relations Unit by telephone at (514) 


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954–8022 or by email at sales@icao.int. 

It is also available for inspection at the 

U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

III. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 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) 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 

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) 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. 

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 that a statement to that effect 

and the basis for it 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 rule. The reasoning for this 

determination follows. 

This rulemaking better aligns the 

FAA’s regulations regarding operations 

in NAT airspace with the relevant ICAO 

standards. ICAO’s NAT Region is 

transitioning from the decades-old 

MNPS navigation specification to a 

more modern, PBN specification. The 

FAA is also incorporating by reference 

the current version of ICAO Annex 2 in 

§ 91.703. This action removes all 

references to MNPS from 14 CFR part 91 

and will not impose any new 

requirements. 

Under the Chicago Convention, flights 

operating in international airspace over 

the high seas must follow the 

international standards set forth in 

ICAO Annex 2. United States operators 

have historically complied with 

provisions relevant to high seas airspace 

in ICAO Annex 2. As operators are 

already complying with ICAO’s 

provisions relevant to operations over 

the high seas, the FAA believes this rule 

removing references to MNPS from 14 

CFR part 91 and incorporating by 

reference the current version of ICAO 

Annex 2 will impose minimal cost. The 

FAA requested comments on this 

determination and received none. 

Therefore, the FAA maintains that this 

final rule will impose only minimal 

cost, has determined that this rule is not 

a ‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, and is not ‘‘significant’’ as 

defined in DOT’s Regulatory Policies 

and Procedures. 

B. 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. 

The FAA recognizes that there are 

substantial numbers of small entities 

operating aircraft over the high seas. 

This rule, however, does not impose a 

significant economic impact. Flights in 

international airspace over the high seas 

must follow the international standards 

set forth in ICAO Annex 2. Today, 

United States operators comply with 

ICAO Annex 2 when flying over the 

high seas. This rule updates United 

States regulations to better align with 

the current version of ICAO Annex 2 

effective in high seas airspace, and 

imposes no new requirements. Thus, all 

affected entities will incur only minimal 

costs. The FAA requested and received 

no comment on the proposed minimal 

cost determination, and therefore 

maintains the same minimal cost 

determination for the final rule. 

Therefore, as provided in section 

605(b), the head of the FAA certifies 

that this rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), 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 these Acts, 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 rule and 

determined that it improves alignment 

between FAA regulations and 

international ICAO standards for the 

purpose of protecting safety. 

Consequently, the rule complies with 

the Trade Agreements Act, as amended 

by the Uruguay Round Agreements Act. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 


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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 39663 

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 

million in lieu of $100 million. This 

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. 

F. International Compatibility 

In keeping with U.S. obligations 

under the Chicago Convention, it is 

FAA policy to conform to ICAO 

Standards and Recommended Practices 

to the maximum extent practicable. The 

FAA has published differences with 

ICAO Annex 2 in the United States 

Aeronautical Information Publication 

(AIP), section GEN 1.7, ‘‘Differences 

From ICAO Standards, Recommended 

Practices, and Procedures.’’ The 

differences listed in the U.S. AIP for 

ICAO Annex 2 are minor in nature and 

have no relation to the ICAO Annex 2 

requirement for aircraft to be operated 

with navigation equipment appropriate 

to the route to be flown. This is 

consistent with the FAA’s support of 

international compatibility and its 

obligations under the Chicago 

Convention. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6 and involves no 

extraordinary circumstances. 

IV. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

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

agency has determined that this rule is 

not a ‘‘significant energy action’’ under 

the executive order and is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

C. Executive Order 13609, International 

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 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policy and agency 

responsibilities of Executive Order 

13609, Promoting International 

Regulatory Cooperation and has 

determined that it will support 

international regulatory cooperation. 

This rule removes potential ambiguities 

about the version of ICAO Annex 2 

applicable to the operations of U.S.- 

registered civil aircraft over the high 

seas. ICAO Annex 2 contains the 

international standards applicable to 

civil aircraft operations over the high 

seas. This rule also removes outdated 

references to MNPS, consistent with 

ICAO’s transition to PBN specifications 

for operations in the NAT HLA. 

D. Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, directs that, unless prohibited by 

law, whenever an executive department 

or agency publicly proposes for notice 

and comment or otherwise promulgates 

a new regulation, it shall identify at 

least two existing regulations to be 

repealed. In addition, any new 

incremental costs associated with new 

regulations shall, to the extent permitted 

by law, be offset by the elimination of 

existing costs. Only those rules deemed 

significant under section 3(f) of 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ are subject to 

these requirements. As determined in 

Section IV.A., above, this is not a 

significant rule under Executive Order 

12866. Accordingly, this rule is not 

subject to the requirements of Executive 

Order 13771. 

V. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Publishing 

Office’s Web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

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) 267–9680. 

B. Comments Submitted to the Docket 

Although the FAA has not received 

any comments on the proposed rule, 

any comments submitted to the docket 

for this rulemaking in the future may be 

viewed by going to http://

www.regulations.gov and following the 

online instructions to search the docket 

number for this action. Anyone is able 

to search the electronic form of all 

comments received into any of the 

FAA’s dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

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 carrier, Air taxis, Air traffic 

control, Aircraft, Airmen, Aviation 

safety, Incorporation by reference. 


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39664 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 

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), 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). 

■ 2. Amend § 91.703 as follows: 

■ a. Amend paragraphs (a)(1) and (3) by 

removing the word ‘‘annex’’ and adding, 

in its place, the word ‘‘Annex’’; 

■ b. Remove the first sentence of 

paragraph (a)(4); and 

■ c. Revise paragraph (b) to read as 

follows: 

§ 91.703 Operations of civil aircraft of U.S. 

registry outside of the United States. 

* * * * * 

(b) Annex 2 to the Convention on 

International Civil Aviation, Rules of 

the Air, Tenth Edition—July 2005, with 

Amendments through Amendment 45, 

applicable November 10, 2016, is 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. To enforce 

any edition other than that specified in 

this section, the FAA must publish a 

document in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at U.S. 

Department of Transportation, Docket 

Operations, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590 and 

is available from the International Civil 

Aviation Organization (ICAO), 

Marketing and Customer Relations Unit, 

999 Robert Bourassa Boulevard, 

Montreal, Quebec H3C 5H7, Canada; 

http://store1.icao.int/; or by contacting 

the ICAO Marketing and Customer 

Relations Unit by telephone at 514–954– 

8022 or by email at sales@icao.int. For 

questions about ICAO Annex 2, contact 

the FAA’s Office of International Affairs 

at (202) 267–1000. It is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_

regulations/ibr_locations.html. 

§ 91.705 [Removed and Reserved] 

■ 3. Remove and reserve § 91.705. 

§ 91.905 [Amended] 

■ 4. Amend § 91.905 by removing 

‘‘91.705 Operations within the North 

Atlantic Minimum Navigation 

Performance Specifications Airspace.’’ 

§ 91.1027 [Amended] 

■ 5. Amend § 91.1027(a)(2) by removing 

‘‘MNPS,’’. 

Appendix C to Part 91—[Removed and 

Reserved] 

■ 6. Remove and reserve Appendix C to 

part 91. 

■ 7. Amend Appendix G to part 91 by 

revising paragraph (a)(2) of section 8 to 

read as follows: 

Appendix G to Part 91—Operations in 

Reduced Vertical Separation Minimum 

(RVSM) Airspace 

* * * * * 

Section 8. Airspace Designation 

(a) * * * 

(2) RVSM may be effective in the High 

Level Airspace (HLA) within the NAT. The 

HLA within the NAT is defined by the 

volume of airspace between FL 285 and FL 

420 (inclusive) extending between latitude 27 

degrees north and the North Pole, bounded 

in the east by the eastern boundaries of 

control areas Santa Maria Oceanic, Shanwick 

Oceanic, and Reykjavik Oceanic and in the 

west by the western boundaries of control 

areas Reykjavik Oceanic, Gander Oceanic, 

and New York Oceanic, excluding the areas 

west of 60 degrees west and south of 38 

degrees 30 minutes north. 

* * * * * 

Issued under authority provided by 49 

U.S.C. 106(f) and (g), 40101(d)(1), 40103(b)(1) 

and (2), 40105(b)(1)(A), and 44701(a)(5) in 

Washington, DC, on July 18, 2017. 

Michael Huerta, 

Administrator. 

[FR Doc. 2017–17674 Filed 8–21–17; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2006–0140] 

RIN 0960–AF35 

Revised Medical Criteria for Evaluating 

Neurological Disorders; Correction 

AGENCY: Social Security Administration. 

ACTION: Correcting amendment. 

SUMMARY: We published final rules in 

the Federal Register on July 1, 2016, 

that revised the Listing of Impairments 

(Listings) for the neurological body 

system. That document inadvertently 

omitted a reference. This document 

amends and corrects the final rule. 

DATES: This rule is effective August 22, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl A. Williams, Office of Disability 

Policy, Social Security Administration, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401, (410) 965–1020. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number 1–800–772–1213, or TTY 

1–800–325–0778, or visit our Internet 

site, Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: On July 1, 

2016, we published in the Federal 

Register the final rule, ‘‘Revised 

Medical Criteria for Evaluating 

Neurological Disorders.’’ (81 FR 43048). 

In appendix 1 to subpart P, the body 

system listing 11.00 Neurological 

Disorders, we inadvertently omitted a 

reference to 11.02D from 11.00H4 of the 

introductory text. The text in 11.02D on 

dyscognitive seizures refers to 11.00H4 

(81 FR at 43056). However, the text of 

11.00H4 only referenced 11.02A, B, and 

C (81 FR at 43054). This correction adds 

the missing reference to 11.02D to 

11.00H4 and creates no change in 

policy. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security— Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; and 

96.006, Supplemental Security Income). 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-age, Survivors, and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

Nancy A. Berryhill, 

Acting Commissioner of Social Security. 

For the reasons set out in the 

preamble, we are amending 20 CFR part 

404, subpart P as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950–) 

Subpart P—Determining Disability and 

Blindness 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a)–(b) and (d)– 

(h), 216(i), 221(a) and (h)–(j), 222(c), 223, 

225, and 702(a)(5) of the Social Security Act 

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), 

421(a), (i), and (j), 422(c), 423, 425, and 


sradovich on DSK3GMQ082PROD with RULES