40944 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

ASTM International, SAE International, 

etc. these special conditions are 

required and adopted as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the GB1. 

Should Game Composites Ltd. apply at 

a later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature the FAA would apply 

these special conditions to that model as 

well. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Game 

Composites Ltd. GB1 airplane is 

imminent, pursuant to 5 U.S.C. 553(d) 

the FAA finds that good cause exists to 

make these special conditions effective 

upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701–44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

condition are issued as part of the type 

certification basis for Game Composites 

GB1 airplanes. 

1. Acrobatic Only Category Static 

Stability Requirements. 

a. In place of 14 CFR 23.173, ‘‘Static 

longitudinal stability,’’ comply with the 

following: 

SC23.173 Static Longitudinal Stability 

Under the conditions in 14 CFR 

23.175 and with the airplane trimmed as 

indicated, the characteristics of the 

elevator control forces and the friction 

within the control system must be as 

follows: 

(a) A pull must be required to obtain 

and maintain speeds below the 

specified trim speed and a push 

required to obtain and maintain speeds 

above the specified trim speed. This 

must be shown at any speed that can be 

obtained, except that speeds requiring a 

control force in excess of 40 pounds or 

speeds above the maximum allowable 

speed or below the minimum speed for 

steady unstalled flight need not be 

considered. 

(b) The stick force or position must 

vary with speed so any substantial 

speed change results in a stick force or 

position clearly perceptible to the pilot. 

b. In place of 14 CFR 23.177, ‘‘Static 

directional and lateral stability,’’ 

comply with the following: 

SC23.177 Static Directional and 

Lateral Stability 

(a) The static directional stability, as 

shown by the tendency to recover from 

a wings level sideslip with the rudder 

free, must be positive for any landing 

gear and flap position appropriate to the 

takeoff, climb, cruise, approach, and 

landing configurations. This must be 

shown with symmetrical power up to 

maximum continuous power and at 

speeds from 1.2 VS1 to VO (maximum 

operating maneuvering speed); the 

rudder pedal force must not reverse. 

(b) In straight, steady slips at 1.2 VS1

for any landing gear and flap positions 

and for any symmetrical power 

conditions up to 50 percent of 

maximum continuous power, the rudder 

control movements and forces must 

increase steadily—but not necessarily in 

constant proportion—as the angle of 

sideslip is increased up to the maximum 

appropriate for the type of airplane. The 

aileron control movements and forces 

may increase steadily, but not 

necessarily in constant proportion, as 

the angle of sideslip is increased up to 

the maximum appropriate for the type 

of airplane. At larger slip angles, up to 

the angle at which full rudder or aileron 

control is used or a control force limit 

contained in 14 CFR 23.143 is reached, 

the aileron and rudder control 

movements and forces must not reverse 

as the angle of sideslip is increased. 

Rapid entry into—and recovery 

from—a maximum sideslip considered 

appropriate for the airplane must not 

result in uncontrollable flight 

characteristics. 

Issued in Kansas City, Missouri, on August 

22, 2017. 

Pat Mullen, 

Manager, Small Airplane Standards Branch, 

Aircraft Certification Service. 

[FR Doc. 2017–18324 Filed 8–28–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2017–0768; Amendment 

No. 91-?] 

RIN 2120–AL07 

Prohibition Against Certain Flights in 

the Damascus (OSTT) Flight 

Information Region (FIR) 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action reissues a 

prohibition of certain flight operations 

in the Damascus (OSTT) Flight 

Information Region (FIR) by all U.S. air 

carriers; U.S. commercial operators; 

persons exercising the privileges of an 

airman certificate issued by the FAA, 

except such persons operating a U.S.- 

registered aircraft for a foreign air 

carrier; and operators of U.S.-registered 

civil aircraft, except where the operator 

is a foreign air carrier. The FAA finds 

that this action is necessary to safeguard 

against continuing hazards to persons 

and aircraft engaged in such flight 

operations. 

DATES: This final rule is effective on 

August 28, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Michael Filippell or Will Gonzalez, Air 

Transportation Division, AFS–220, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: 202– 

267–8166; email: michael.e.filippell@

faa.gov or will.gonzalez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

This action prohibits certain flight 

operations in the Damascus (OSTT) 

Flight Information Region by all U.S. air 

carriers; U.S. commercial operators; 

persons exercising the privileges of an 

airman certificate issued by the FAA, 

except such persons operating a U.S.- 

registered aircraft for a foreign air 

carrier; and operators of U.S.-registered 

civil aircraft, except where the operator 

is a foreign air carrier. The FAA finds 

this action necessary to safeguard 

against continuing hazards to persons 

and aircraft engaged in such flight 

operations. 

Special Federal Aviation Regulation 

No. 114, 14 CFR 91.1609, (SFAR 114) 

was first published on December 30, 

2014 (79 FR 78299). Although an 

extension of SFAR No. 114, 14 CFR 


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1 79 FR 78299, December 30, 2014. 

91.1609, was published on December 

27, 2016, (81 FR 94958), the prohibition 

itself was inadvertently removed from 

the Code of Federal Regulations due to 

incorrect amendatory instructions 

regarding dates in the original SFAR No. 

114, 14 CFR 91.1609. On January 4, 

2017, the FAA issued Notice to Airmen 

(NOTAM) KICZ A0001/17 to continue 

the prohibition of certain flight 

operations in the Damascus (OSTT) FIR 

due to the continuing hazards to U.S. 

civil aviation operations therein. 

The FAA issued this NOTAM 

pursuant to the Administrator’s 

authorities under 49 U.S.C. 40113(a) 

and 46105(c). Section 40113(a) 

authorizes the Administrator, with 

respect to aviation safety duties and 

powers designated to be carried out by 

the Administrator, to take action the 

Administrator considers necessary to 

carry out Part A (Air Commerce and 

Safety) of Subtitle VII (Aviation 

Programs) of title 49, U.S. Code, 

including conducting investigations, 

prescribing regulations, standards, and 

procedures, and issuing orders. Section 

46105(c) provides that, when the 

Administrator is of the opinion that an 

emergency exists related to safety in air 

commerce and requires immediate 

action, the Administrator, on the 

initiative of the Administrator or on 

complaint, may prescribe regulations 

and issue orders immediately to meet 

the emergency, with or without notice 

and without regard to Part A (Air 

Commerce and Safety) of Subtitle VII 

(Aviation Programs) of title 49, U.S. 

Code, and subchapter II of chapter 5 of 

title 5. The Administrator must begin a 

proceeding immediately about an 

emergency under section 46105(c) and 

give preference, when practicable, to the 

proceeding. 

This rule reissues SFAR No. 114, 14 

CFR 91.1609, in its entirety, and extends 

the rule’s expiration date until 

December 30, 2018, with an effective 

date of August 28, 2017. 

II. Legal Authority and Good Cause 

A. Authority for This Rulemaking 

The FAA is responsible for the safety 

of flight in the United States 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 of the U.S. Code. Subtitle I, sections 

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 SFAR 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 regulation is within the scope of 

that authority because it prohibits 

certain flight operations in the 

Damascus (OSTT) FIR due to the 

hazards to persons and aircraft engaged 

in such flight operations that are 

described in the Background section of 

this final rule. 

The FAA also finds that this action is 

fully consistent with the obligations 

under 49 U.S.C. 40105(b)(1)(A) to 

ensure that the Administrator exercises 

his duties consistently with the 

obligations of the United States under 

international agreements. 

B. Good Cause for Immediate Adoption 

Section 553(b)(3)(B) of title 5, U.S. 

Code, authorizes agencies to dispense 

with notice and comment procedures 

for rules when the agency for ‘‘good 

cause’’ finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Because the 

continuing hazards to U.S. operators 

and airmen described in the Background 

section of this rule warrant an 

immediate reissuance of the flight 

restrictions imposed by SFAR No. 114, 

14 CFR 91.1609, the FAA finds that 

notice and public comment under 5 

U.S.C. 553(b)(3)(B), as well as any delay 

in the effective date of this rule, are 

impracticable and contrary to the public 

interest. 

III. Background 

The significant threat to U.S. civil 

aviation operating in the Damascus 

(OSTT) FIR, identified when the FAA 

first published SFAR No. 114, 14 CFR 

91.1609,1 continues due to the presence 

of anti-aircraft weapons controlled by 

non-state actors, threats made by 

extremist groups, de-confliction 

concerns, and ongoing military fighting. 

Flight safety risks associated with deconfliction between various military 

forces conducting operations in Syria 

and civil aviation, which were 

identified as a concern in the original 

prohibition, continue. 

There are multiple extremist groups, 

known to be equipped with a variety of 

anti-aircraft weapons, including radarguided surface-to-air missiles (SAMs) 

and man-portable air defense systems 

(MANPADs), which have the capability 

to threaten civil aircraft. Syrian and 

Russian military aircraft have been shot 

down during the course of the current 

conflict, and extremist groups have 

previously warned civilian air carriers 

against operating within (or providing 

service to) Syria. In 2015 and in support 

of the Assad regime, Russia began 

conducting military operations using 

fighter and bomber aircraft and 

employed advanced cruise missiles 

against targets in Syria. These 

operations further increase the risk to 

civil flight operations in the Damascus 

(OSTT) FIR. Due to the presence of 

various military forces and non-state 

actors operating in Syria, the FAA has 

determined that safety of flight 

continues to be a serious concern for 

U.S. civil aviation flight operations in 

the Damascus (OSTT) FIR. 

The FAA continues to assess the 

situation in the Damascus (OSTT) FIR 

and believes there is a significant threat 

to U.S. civil aviation operating in the 

Damascus (OSTT) FIR at all altitudes 

due to the presence of anti-aircraft 

weapons controlled by non-state actors, 

threats made by extremist groups, deconfliction concerns, and ongoing 

military fighting. Although an extension 

of SFAR No. 114, 14 CFR 91.1609, was 

published on December 27, 2016, (81 FR 

94958), the prohibition itself was 

inadvertently removed from the Code of 

Federal Regulations due to incorrect 

amendatory instructions regarding dates 

in the original SFAR No. 114, 14 CFR 

91.1609. On January 4, 2017, the FAA 

issued Notice to Airmen (NOTAM) 

KICZ A0001/17 to continue the 

prohibition of certain flight operations 

in the Damascus (OSTT) FIR due to the 

continuing hazards to U.S. civil aviation 

operations therein. As previously 

described, the FAA issued this NOTAM 

pursuant to the Administrator’s 

authorities under 49 U.S.C. 40113(a) 

and 46105(c). 

Due to the continuation of the 

previously described hazards to U.S. 

civil aviation operations, the FAA is 

reissuing SFAR No. 114, 14 CFR 

91.1609, to maintain the prohibition on 

flight operations in the Damascus 

(OSTT) FIR by all U.S. air carriers; U.S. 

commercial operators; persons 


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exercising the privileges of an airman 

certificate issued by the FAA, except 

such persons operating a U.S.-registered 

aircraft for a foreign air carrier; and 

operators of U.S.-registered civil aircraft, 

except where the operator is a foreign 

air carrier. The FAA is also extending 

the expiration date of the SFAR until 

December 30, 2018. 

The FAA will continue to actively 

monitor the situation and, based on 

evaluations, determine the extent to 

which U.S. civil operators may be able 

to safely operate in the Damascus 

(OSTT) FIR in the future. Amendments 

to this SFAR No. 114, 14 CFR 91.1609, 

may be appropriate if the risk to 

aviation safety and security changes. 

Thus, the FAA may amend or rescind 

this SFAR No. 114, 14 CFR 91.1609, as 

necessary, prior to its expiration date. 

IV. Approval Process Based on a 

Request From a Department, Agency, or 

Instrumentality of the United States 

Government 

If a department, agency, or 

instrumentality of the U.S. Government 

determines that it has a critical need to 

engage any person covered under SFAR 

No. 114, 14 CFR 91.1609, including a 

U.S. air carrier or a U.S. commercial 

operator, to conduct a charter to 

transport civilian or military passengers 

or cargo or other operations in the 

Damascus (OSTT) FIR, that department, 

agency, or instrumentality may request 

that the FAA approve persons covered 

under SFAR No. 114, 14 CFR 91.1609, 

to conduct such operations. An 

approval request must be made directly 

by the requesting department, agency or 

instrumentality of the U.S. Government 

to the FAA’s Associate Administrator 

for Aviation Safety (AVS–1) in a letter 

signed by an appropriate senior official 

of the requesting department, agency, or 

instrumentality. Requests for approval 

submitted to the FAA by anyone other 

than the requesting department, agency, 

or instrumentality will not be accepted 

and will not be processed. In addition, 

the senior official signing the letter 

requesting FAA approval on behalf of 

the requesting department, agency, or 

instrumentality must be sufficiently 

highly placed within his or her 

organization to demonstrate that the 

senior leadership of the requesting 

department, agency, or instrumentality 

supports the request for approval and is 

committed to taking all necessary steps 

to minimize operational risks to the 

proposed flights. The senior official 

must also be in a position to: (1) Attest 

to the accuracy of all representations 

made to the FAA in the request for 

approval and (2) ensure that any 

support from the requesting U.S. 

Government department, agency, or 

instrumentality described in the request 

for approval is in fact brought to bear 

and is maintained over time. Unless 

justified by exigent circumstances, 

requests for approval must be submitted 

to the FAA no less than 30 calendar 

days before the date on which the 

requesting department, agency, or 

instrumentality wishes the proposed 

operations, if approved by the FAA, to 

commence. 

The letter must be sent by the 

requesting department, agency, or 

instrumentality to the Associate 

Administrator for Aviation Safety 

(AVS–1), Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591. 

Electronic submissions are acceptable, 

and the requesting entity may request 

that the FAA notify it electronically as 

to whether the approval request is 

granted. If a requestor wishes to make 

an electronic submission to the FAA, 

the requestor should contact the Air 

Transportation Division, Flight 

Standards Service, at (202) 267–8166 to 

obtain the appropriate email address. A 

single letter may request approval from 

the FAA for multiple persons covered 

under SFAR No. 114, 14 CFR 91.1609, 

and/or for multiple flight operations. To 

the extent known, the letter must 

identify the person(s) covered under the 

SFAR on whose behalf the U.S. 

Government department, agency, or 

instrumentality is seeking FAA 

approval, and it must describe— 

• The proposed operation(s), 

including the nature of the mission 

being supported; 

• The service to be provided by the 

person(s) covered by the SFAR; 

• To the extent known, the specific 

locations in the Damascus (OSTT) FIR 

where the proposed operation(s) will be 

conducted, including, but not limited 

to, the flight path and altitude of the 

aircraft while it is operating in the 

Damascus (OSTT) FIR and the airports, 

airfields and/or landing zones at which 

the aircraft will take-off and land; and 

• The method by which the 

department, agency, or instrumentality 

will provide, or how the operator will 

otherwise obtain, current threat 

information and an explanation of how 

the operator will integrate this 

information into all phases of the 

proposed operations (e.g., pre-mission 

planning and briefing, in-flight, and 

post-flight). 

The request for approval must also 

include a list of operators with whom 

the U.S. Government department, 

agency, or instrumentality requesting 

FAA approval has a current contract(s), 

grant(s), or cooperative agreement(s) (or 

with whom its prime contractor has a 

subcontract(s)) for specific flight 

operations in the Damascus (OSTT) FIR. 

Additional operators may be identified 

to the FAA at any time after the FAA 

approval is issued. However, all 

additional operators must be identified 

to, and obtain an Operations 

Specification (OpSpec) or Letter of 

Authorization (LOA), as appropriate, 

from the FAA for operations in the 

Damascus (OSTT) FIR before such 

operators commence such operations. 

The revised approval conditions 

discussed below will apply to any such 

additional operators. Updated lists 

should be sent to the email address to 

be obtained from the Air Transportation 

Division by calling (202) 267–8166. 

If an approval request includes 

classified information, requestors may 

contact Aviation Safety Inspectors 

Michael Filippell or Will Gonzalez for 

instructions on submitting it to the 

FAA. Their contact information is listed 

in the FOR FURTHER INFORMATION

CONTACT section of this final rule. 

FAA approval of an operation under 

SFAR No. 114, 14 CFR 91.1609, does 

not relieve persons subject to this SFAR 

of their responsibility to comply with all 

applicable FAA rules and regulations. 

Operators of civil aircraft must also 

comply with the conditions of their 

certificate, OpSpecs, and LOAs, as 

applicable. Operators must further 

comply with all rules and regulations of 

other U.S. Government departments and 

agencies that may apply to the proposed 

operation(s), including, but not limited 

to, the Transportation Security 

Regulations issued by the 

Transportation Security Administration, 

Department of Homeland Security. 

Approval Conditions 

If the FAA approves the request, the 

FAA’s Aviation Safety Organization 

(AVS) will send an approval letter to the 

requesting department, agency, or 

instrumentality informing it that the 

FAA’s approval is subject to all of the 

following conditions: 

(1) The approval will stipulate those 

procedures and conditions that limit, to 

the greatest degree possible, the risk to 

the operator, while still allowing the 

operator to achieve its operational 

objectives. 

(2) Before any approval takes effect, 

the operator must submit to the FAA: 

(a) A written release of the U.S. 

Government from all damages, claims, 

and liabilities, including without 

limitation legal fees and expenses; and 

(b) the operator’s agreement to 

indemnify the U.S. Government with 

respect to any and all third-party 

damages, claims, and liabilities, 


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including without limitation legal fees 

and expenses, relating to any event 

arising from or related to the approved 

operations in the Damascus (OSTT) FIR. 

(3) Other conditions that the FAA 

may specify, including those that may 

be imposed in OpSpecs or LOAs, as 

applicable. 

The release and agreement to 

indemnify do not preclude an operator 

from raising a claim under an applicable 

non-premium war risk insurance policy 

issued by the FAA under chapter 443 of 

title 49, United States Code. 

If the proposed operations are 

approved, the FAA will issue an 

OpSpec or a LOA, as applicable, to the 

operator(s) identified in the 

department’s, agency’s or 

instrumentality’s request authorizing 

the operator(s) to conduct such 

operations, and will notify the 

department, agency, or instrumentality 

that requested the FAA’s approval of 

any additional conditions beyond those 

contained in the approval letter. The 

requesting department, agency, or 

instrumentality must have a contract, 

grant, or cooperative agreement (or its 

prime contractor must have a 

subcontract) with the person(s) 

described in paragraph (a) of this SFAR 

No. 114, 14 CFR 91.1609, on whose 

behalf the department, agency, or 

instrumentality requests FAA approval. 

V. Petitions for Exemption 

Any operations not conducted under 

an approval issued by the FAA in 

accordance with this SFAR No. 114, 14 

CFR 91.1609, must be conducted under 

an exemption from SFAR No. 114, 14 

CFR 91.1609. A request by any person 

covered under SFAR No. 114, 14 CFR 

91.1609, for an exemption must comply 

with 14 CFR part 11, and will require 

exceptional circumstances beyond those 

contemplated by the approval process. 

In addition to the information required 

by 14 CFR 11.81, at a minimum, the 

requestor must describe in its 

submission to the FAA— 

• The proposed operation(s), 

including the nature of the operation; 

• The service to be provided by the 

person(s) covered by the SFAR; 

• The specific locations in the 

Damascus (OSTT) FIR where the 

proposed operation(s) will be 

conducted, including, but not limited 

to, the flight path and altitude of the 

aircraft while it is operating in the 

Damascus (OSTT) FIR and the airports, 

airfields and/or landing zones at which 

the aircraft will take-off and land; and 

• The method by which the operator 

will obtain current threat information, 

and an explanation of how the operator 

will integrate this information into all 

phases of its proposed operations (e.g., 

the pre-mission planning and briefing, 

in-flight, and post-flight phases). 

Additionally, the release and 

agreement to indemnify, as referred to 

previously, will be required as a 

condition of any exemption that may be 

issued under SFAR No. 114, 14 CFR 

91.1609. 

The FAA recognizes that operations 

that may be affected by SFAR No. 114, 

14 CFR 91.1609, may be planned for the 

governments of other countries with the 

support of the U.S. Government. While 

these operations will not be permitted 

through the approval process, the FAA 

will process exemption requests for 

such operations on an expedited basis 

and prior to any private exemption 

requests. 

VI. Regulatory Notices and Analyses 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Orders 12866 and 13563 

direct that each Federal agency shall 

propose or adopt a regulation only upon 

a reasoned determination that the 

benefits of the intended regulation 

justify its costs. Second, the Regulatory 

Flexibility Act of 1980 (Pub. L. 96–354), 

as codified in 5 U.S.C. 603 et seq., 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (Pub. L. 96–39), as 

amended, 19 U.S.C. Chapter 13, 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, the Trade Agreements Act 

requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

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

25, requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. 

In conducting these analyses, FAA 

has determined this final rule has 

benefits that justify its costs. This rule 

is a significant regulatory action as 

defined in section 3(f) of Executive 

Order 12866, as it raises novel policy 

issues contemplated under that 

Executive Order; further, this rule is 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

This rule will not have a significant 

economic impact on a substantial 

number of 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 

above. 

A. Regulatory Evaluation 

Department of Transportation (DOT) 

Order 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 costs and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows. 

For SFAR No. 114, 14 CFR 91.1609, 

the FAA determined that incremental 

costs were minimal for U.S. operators of 

large transport category airplanes (four 

part 121 operators and two part 125M 

operators), because they had voluntarily 

ended their overflights in March 2011, 

before the FAA’s August 18, 2014, 

issuance of FDC NOTAM 4/4936, which 

prohibited U.S. operators and airmen 

from flying in the Damascus (OSTT) 

FIR. The FAA also determined that the 

incremental costs of SFAR No. 114 were 

minimal for about 15 ‘‘on-demand’’ 

large carriers (part 121 and part 121/ 

135) and about 75 small ‘‘on-demand’’ 

operators (parts 135, 125, 125M, and 

91K). These operators had previously 

flown into and out of Syria or 

conducted overflights in the Damascus 

(OSTT) FIR. However, because of 

sanctions imposed by the U.S. 

Department of the Treasury’s Office of 

Foreign Assets Control (OFAC) and the 

ongoing conflict, the FAA believed that 

few, if any, of these ‘‘on-demand’’ 

operators were still operating in the 

OSTT FIR immediately before the FAA 

issued FDC NOTAM 4/4936. 

Due to significant and increased 

hostilities, and because the OFAC 

sanctions remain in place, the reasons 

for the FAA’s previous finding of 

minimal cost for SFAR No. 114, 14 CFR 

91.1609, remain unchanged. Therefore, 

the FAA finds that the incremental cost 

of reissuing SFAR No. 114, 14 CFR 

91.1609 will be minimal. 

B. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354, ‘‘RFA’’), 5 U.S.C. 601 


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et seq., 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 will 

not be required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

Prior to the hostilities leading to the 

earlier published SFAR No. 114, 14 CFR 

91.1609, there were many small entities 

conducting operations through the 

Damascus (OSTT) FIR. After the FAA 

initially published SFAR No. 114, 14 

CFR 91.1609, the FAA received no 

requests for approval or petitions for 

exemption to allow persons subject to 

the SFAR to conduct flight operations in 

the Damascus (OSTT) FIR. Given no 

requests have occurred, the FAA 

believes the earlier determination of 

minimal cost is accurate. Thus reissuing 

the flight prohibition will not impose a 

significant economic impact. 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, prohibits 

Federal agencies from establishing 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Pursuant to this Act, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the effect of 

this final rule and determined that its 

purpose is to protect the safety of U.S. 

civil aviation from hazards outside the 

U.S. Therefore, the rule is in compliance 

with the Trade 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 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$155.0 million in lieu of $100 million. 

This final rule does not contain such 

a mandate. Therefore, the requirements 

of Title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(Pub. L. 104–13) 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 and 

Cooperation 

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 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to this regulation. 

While the FAA’s flight prohibition 

does not apply to foreign air carriers, 

DOT codeshare authorizations prohibit 

foreign air carriers from carrying a U.S. 

codeshare partner’s code on a flight 

segment that operates in airspace for 

which the FAA has issued a flight 

prohibition. Further, following the 

downing of Malaysia Airlines Flight 17, 

there is increased attention in the 

international community and ICAO to 

conflict-related threats to civil aircraft. 

Foreign air carriers and other foreign 

operators may choose to avoid, or be 

advised/directed by their civil aviation 

authorities to avoid, airspace for which 

the FAA has issued a flight prohibition. 

G. Environmental Analysis 

The FAA has analyzed this action 

under Executive Order 12114, 

Environmental Effects Abroad of Major 

Federal Actions (44 FR 1957, January 4, 

1979), and DOT Order 5610.1C, 

Paragraph 16. Executive Order 12114 

requires the FAA to be informed of 

environmental considerations and take 

those considerations into account when 

making decisions on major Federal 

actions that could have environmental 

impacts anywhere beyond the borders of 

the United States. The FAA has 

determined that this action is exempt 

pursuant to Section 2–5(a)(i) of 

Executive Order 12114, because it does 

not have the potential for a significant 

effect on the environment outside the 

United States. 

In accordance with FAA Order 

1050.1F, ‘‘Environmental Impacts: 

Policies and Procedures,’’ paragraph 8– 

6(c), FAA has prepared a memorandum 

for the record stating the reason for this 

determination, which has been placed 

in the docket for this rulemaking. 

VII. 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 has 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 immediately 

adopted final rule under Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ 

(May 18, 2001). The agency has 

determined that it 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. 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 40949 

(77 FR 26413, May 4, 2012) promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

D. Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

This rule is not subject to the 

requirements of EO 13771 (82 FR 9339, 

February 3, 2017) because it is issued 

with respect to a national security 

function of the United States. 

VIII. Additional Information 

A. Availability of Rulemaking 

Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

• 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 

Publishing Office’s Web page at http:// 

www.fdsys.gov. 

Copies may also be obtained by 

sending a request (identified by docket 

or amendment number of the rule) to 

the Federal Aviation Administration, 

Office of Rulemaking, ARM–1, 800 

Independence Avenue SW., 

Washington, DC 20591, or by calling 

(202) 267–9677. 

Except for classified material, all 

documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed from the 

Internet through the Federal 

eRulemaking Portal referenced above. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) 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

section at the beginning of the preamble. 

You can find out more about SBREFA 

on the Internet at: http://www.faa.gov/ 

regulations_policies/rulemaking/sbre_

act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, Syria. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of Title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 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. In part 91, subpart M, add § 91.1609 

to read as follows: 

§ 91.1609 Special Federal Aviation 

Regulation No. 114—Prohibition Against 

Certain Flights in the Damascus (OSTT) 

Flight Information Region (FIR). 

(a) Applicability. This section applies 

to the following persons: 

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

commercial operators; 

(2) 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 

(3) All operators of civil aircraft 

registered in the United States, except 

where the operator of such aircraft is a 

foreign air carrier. 

(b) Flight prohibition. No person may 

conduct flight operations in the 

Damascus (OSTT) Flight Information 

Region (FIR), except as provided in 

paragraphs (c) and (d) of this section. 

(c) Permitted operations. This section 

does not prohibit persons described in 

paragraph (a) from conducting flight 

operations in the Damascus (OSTT) FIR, 

provided that such flight operations are 

conducted under a contract, grant, or 

cooperative agreement with a 

department, agency, or instrumentality 

of the U.S. government (or under a 

subcontract between the prime 

contractor of the department, agency, or 

instrumentality, and the person 

described in paragraph (a)), with the 

approval of the FAA, or under an 

exemption issued by the FAA. The FAA 

will process requests for approval or 

exemption in a timely manner, with the 

order of preference being: first, for those 

operations in support of U.S. 

government-sponsored activities; 

second, for those operations in support 

of government-sponsored activities of a 

foreign country with the support of a 

U.S. government department, agency, or 

instrumentality; and third, for all other 

operations. 

(d) Emergency situations. In an 

emergency that requires immediate 

decision and action for the safety of the 

flight, the pilot in command of an 

aircraft may deviate from this section to 

the extent required by that emergency. 

Except for U.S. air carriers and 

commercial operators that are subject to 

the requirements of part 119, 121, 125, 

or 135 of this chapter, each person who 

deviates from this section must, within 

10 days of the deviation, excluding 

Saturdays, Sundays, and Federal 

holidays, submit to the nearest FAA 

Flight Standards District Office (FSDO) 

a complete report of the operations of 

the aircraft involved in the deviation, 

including a description of the deviation 

and the reasons for it. 

(e) Expiration. This SFAR will remain 

in effect until December 30, 2018. The 

FAA may amend, rescind, or extend this 

SFAR No. 114, § 91.1609, as necessary. 

Issued under authority provided by 49 

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

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

Washington, DC, on August 14, 2017. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2017–18322 Filed 8–28–17; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0167; FRL–9965–62– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Volatile Organic Compounds Rule 

Revision and Stage II Vapor Recovery 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving revisions submitted by the 

State of Louisiana controlling emissions 

of volatile organic compounds (VOCs) 

and changes to the Stage II gasoline 

vapor recovery rule as part of the 

Louisiana State Implementation Plan 

(SIP). 


jstallworth on DSKBBY8HB2PROD with RULES