Voglio sapere a riguardo di…

69172

Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations
Executive order. 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.

lotter on DSK11XQN23PROD with RULES1

A. Regulatory Evaluation This action extends without change the prohibition against certain U.S. civil flight operations in the specified areas of the Sanaa FIR OYSC for an additional three years, due to the significant, continuing hazards to U.S.
civil aviation operations in that airspace, as described in the preamble of this final rule. The rule continues to allow U.S. civil aviation to use the M999 and UT702 air routes, so flight times and operating expenses, such as fuel, for U.S. operators that transit the Middle East on those routes are not affected by this final rule.
The FAA acknowledges the continued prohibition of U.S. civil aviation operations in the specified areas of the Sanaa FIR OYSC might result in additional costs to some U.S. operators, such as increased fuel costs and other operational-related costs. However, the FAA expects the benefits of this action exceed the costs because it will result in the avoidance of risks of fatalities, injuries, and property damage that could occur if a U.S. operators aircraft were shot down or otherwise damaged while operating in the specified areas of the Sanaa FIR OYSC. The FAA will continue to monitor and evaluate the safety and security risks to U.S. civil operators and airmen as a result of conditions in the specified areas of the Sanaa FIR OYSC and the surrounding region.
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
VerDate Sep<11>2014

16:02 Dec 06, 2021

Jkt 256001

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. 9639 prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States.
Pursuant to this Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this final rule and determined that its purpose is to protect the safety of U.S. civil aviation from risks to their operations in the specified areas of the Sanaa FIR OYSC, a location outside the U.S. Therefore, 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. 1044
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
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. 3507d requires the FAA to consider the impact of paperwork and other information collection burdens it imposes on the public. The FAA has 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 FAAs policy is to
PO 00000

Frm 00014

Fmt 4700

Sfmt 4700

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.
40105b1A to ensure the FAA
exercises its duties consistent with the obligations of the United States under international agreements.
While the FAAs flight prohibition does not apply to foreign air carriers, DOT codeshare authorizations prohibit foreign air carriers from carrying a U.S.
codeshare partners code on a flight segment that operates in airspace for which the FAA has issued a flight prohibition for U.S. civil aviation. In addition, foreign air carriers and other foreign operators may choose to avoid, or be advised or directed by their civil aviation authorities to avoid, airspace for which the FAA has issued a flight prohibition for U.S. civil aviation.
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 25ai 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 86c, the FAA has prepared a memorandum for the record stating the reasons for this determination and has placed it in the docket for this rulemaking.
VIII. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this rule under the principles and criteria of Executive Order 13132. 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
E:FRFM07DER1.SGM

07DER1