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standards district office/certificate holding civil aircraft, except where the operator This rulemaking is promulgated district office. of such aircraft is a foreign air carrier. under the authority described in (2) Contacting the Manufacturer: For any The FAA is taking this action because Subtitle VII, Part A, subpart III, section requirement in this AD to obtain corrective it has determined that there continues to 44701, General requirements. Under actions from a manufacturer, the action must be an unacceptable risk to U.S. civil be accomplished using a method approved that section, the FAA is charged broadly by the Manager, International Section, aviation operating in the territory and with promoting safe flight of civil Transport Standards Branch, FAA; or the airspace of Somalia at altitudes below aircraft in air commerce by prescribing, European Aviation Safety Agency (EASA); or FL260 resulting from terrorist and among other things, regulations and ATR–GIE Avions de Transport Re´gional’s militant activity. The FAA also minimum standards for practices, EASA Design Organization Approval (DOA). republishes, with minor revisions, the methods, and procedures that the If approved by the DOA, the approval must approval process and exemption Administrator finds necessary for safety include the DOA-authorized signature. information for this SFAR. in air commerce and national security. (i) Related Information DATES: This final rule is effective on This regulation is within the scope of (1) Refer to Mandatory Continuing December 13, 2017. the FAA’s authority under the statutes Airworthiness Information (MCAI) EASA AD FOR FURTHER INFORMATION CONTACT: cited previously, because it continues to 2016–0046, dated March 9, 2016, for related Michael Filippell, Air Transportation prohibit the persons described in information. You may examine the MCAI on Division, Flight Standards Service, paragraph (a) of SFAR No. 107, title 14 the internet at http://www.regulations.gov by Federal Aviation Administration, 800 Code of Federal Regulations (CFR) searching for and locating Docket No. FAA– Independence Avenue SW, Washington, 91.1613, from conducting flight 2017–1101. DC 20591; telephone (202) 267–8166; operations in the territory and airspace (2) For more information about this AD, email [email protected]. contact Shahram Daneshmandi, Aerospace of Somalia at altitudes below FL260 due Engineer, International Section, Transport SUPPLEMENTARY INFORMATION: to the continued hazards to the safety of such persons’ flight operations, as Standards Branch, FAA, 1601 Lind Avenue I. Executive Summary SW, Renton, WA 98057–3356; telephone described in the Background section of 425–227–1112; fax 425–227–1149. This action extends the prohibition of this final rule. flight operations in the territory and (j) Material Incorporated by Reference airspace of Somalia at altitudes below B. Good Cause for Immediate Adoption None. FL260 by all: U.S. air carriers; U.S. Title 5 U.S.C. 553(b)(3)(B) authorizes Issued in Renton, Washington, on commercial operators; persons agencies to dispense with notice and December 4, 2017. exercising the privileges of an airman comment procedures for rules when the Jeffrey E. Duven, certificate issued by the FAA, except agency for ‘‘good cause’’ finds that those Director, System Oversight Division, Aircraft when such persons are operating U.S.- procedures are ‘‘impracticable, Certification Service. registered aircraft for a foreign air unnecessary, or contrary to the public [FR Doc. 2017–26621 Filed 12–12–17; 8:45 am] carrier; and operators of U.S.-registered interest.’’ Section 553(d) also authorizes BILLING CODE 4910–13–P civil aircraft, except where the operator agencies to forgo the delay in the of such aircraft is a foreign air carrier. effective date of the final rule for good The FAA finds this action necessary due cause found and published with the DEPARTMENT OF TRANSPORTATION to continued hazards to persons and rule. In this instance, the FAA finds aircraft engaged in such flight good cause to forgo notice and Federal Aviation Administration operations resulting from terrorist and comment, because notice and comment militant activity, as described in the would be impracticable and contrary to 14 CFR Part 91 Background section of this rule. the public interest. To the extent that [Docket No.: FAA–2007–27602; Amdt. No. II. Legal Authority and Good Cause the rule is based upon classified 91–339A] information, such information is not A. Legal Authority permitted to be shared with the general RIN 2120–AL28 The FAA is responsible for the safety public. Also, threats to U.S. civil aviation and intelligence regarding these Extension of the Prohibition Against of flight in the U.S. and for the safety threats are fluid. As a result, the Certain Flights in the Territory and of U.S. civil operators, U.S.-registered agency’s original proposal could become Airspace of Somalia civil aircraft, and U.S.-certificated civil airmen throughout the world. The unsuitable for minimizing the hazards AGENCY: Federal Aviation FAA’s authority to issue rules on to U.S. civil aviation in the affected Administration (FAA), Department of aviation safety is found in title 49, U.S. airspace during or after the notice and Transportation (DOT). Code. Subtitle I, sections 106(f) and (g), comment process. The FAA further ACTION: Final rule. describe the authority of the FAA finds an immediate need to address the Administrator. Subtitle VII of title 49, continued hazard to U.S. civil aviation SUMMARY: This action extends the Aviation Programs, describes in more that exists in the territory and airspace expiration date for the Special Federal detail the scope of the agency’s of Somalia at altitudes below FL260 Aviation Regulation (SFAR) that authority. Section 40101(d)(1) provides from terrorist and militant activity. This prohibits certain flights in the territory that the Administrator shall consider in hazard is further described in the and airspace of Somalia at altitudes the public interest, among other matters, Background section of this rule. below flight level (FL) 260 by all: United assigning, maintaining, and enhancing For the reasons described previously, States (U.S.) air carriers; U.S. safety and security as the highest the FAA finds good cause to forgo commercial operators; persons priorities in air commerce. Section notice and comment and any delay in exercising the privileges of an airman 40105(b)(1)(A) requires the the effective date for this rule. The FAA certificate issued by the FAA, except Administrator to exercise his authority also finds that this action is fully when such persons are operating U.S.- consistently with the obligations of the consistent with the obligations under 49 registered aircraft for a foreign air U.S. Government under international U.S.C. 40105(b)(1)(A) to ensure that the carrier; and operators of U.S.-registered agreements. FAA exercises its duties consistently

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with the obligations of the United States ground assaults against Aden Adde No. 107, § 91.1613, including a U.S. air under international agreements. International Airport (formerly known carrier or a U.S. commercial operator, to as Mogadishu International Airport) conduct a charter to transport civilian or III. Background (HCMM), the most recent of which military passengers or cargo, or other On January 7, 2016, the FAA included a vehicle-borne improvised operations, in the territory and airspace expanded its existing prohibition of U.S. explosive device in January 2017. Other of Somalia at altitudes below FL260, civil aviation operations in the territory extremists, to include elements of the that department, agency, or and airspace of Somalia, after Islamic State of Iraq and ash Sham instrumentality may request that the determining that the risk from terrorist (ISIS), also operate in Somalia and are FAA approve persons covered under and militant activity made it unsafe for capable of threatening civil aviation. SFAR No. 107, § 91.1613, to conduct U.S. civil flights to operate in the With the unsettled security environment such operations. An approval request territory and airspace of Somalia at in Somalia, along with the continuing must be made directly by the requesting altitudes below FL260. 81 FR 721. In threat to civil aviation from al-Shabaab department, agency or instrumentality taking that action, the FAA determined and/or ISIS-associated activity, the FAA of the U.S. Government to the FAA’s that international civil air routes that continues to believe that attacks against Associate Administrator for Aviation transit Somali airspace and aircraft aircraft in-flight or Somali airports can Safety in a letter signed by an operating to and from Somali airports occur with little or no warning. appropriate senior official of the remained at risk from terrorist and Therefore, as a result of the significant requesting department, agency, or militant groups potentially employing continuing risk to the safety of U.S. civil instrumentality. Requests for approval anti-aircraft weapons, including man- aviation in the territory and airspace of submitted to the FAA by anyone other portable air defense systems Somalia at altitudes below FL260, the than the requesting department, agency, (MANPADS), small-arms fire and FAA extends the expiration date of or instrumentality will not be accepted indirect fire from mortars and rockets SFAR No. 107, § 91.1613, from January and will not be processed. In addition, targeting airports. Some of the weapons 7, 2018, to January 7, 2020, and the senior official signing the letter that the FAA was concerned about have maintains the prohibition on flight requesting FAA approval on behalf of the capability to target aircraft upon operations in the territory and airspace the requesting department, agency, or approach and departure and aircraft at of Somalia at altitudes below FL260 by instrumentality must be sufficiently higher altitudes. The terrorist group al- all: U.S. air carriers; U.S. commercial highly placed within the organization to Shabaab remained active in Somalia and operators; persons exercising the demonstrate that the senior leadership had demonstrated the capability and privileges of an airman certificate issued of the requesting department, agency, or intent to target U.S. and Western by the FAA, except when such persons instrumentality supports the request for interests, including aviation. Al- are operating U.S.-registered aircraft for approval and is committed to taking all Shabaab had conducted multiple attacks a foreign air carrier; and operators of necessary steps to minimize operational against civil aviation, including attacks U.S.-registered civil aircraft, except risks to the proposed flights. The senior on two IL–76 aircraft near Aden Adde where the operator of such aircraft is a official must also be in a position to: (1) International Airport (then known as foreign air carrier. Attest to the accuracy of all Mogadishu International Airport) The FAA will continue to actively representations made to the FAA in the (HCMM) in March 2007, likely using monitor the situation and evaluate the request for approval, and (2) ensure that MANPADS. These attacks had formed extent to which U.S. civil operators may any support from the requesting U.S. part of the basis for the original SFAR. be able to safely operate in the territory government department, agency, or Al-Shabaab had also conducted ground and airspace of Somalia at altitudes instrumentality described in the request assaults against Aden Adde below FL260 in the future. Amendments for approval is in fact brought to bear International Airport (then known as to SFAR No. 107, § 91.1613, may be and is maintained over time. Unless Mogadishu International Airport) appropriate if the risk to aviation safety justified by exigent circumstances, (HCMM), the most recent of which had and security changes. The FAA may requests for approval must be submitted occurred in December 2014. As stated in amend or rescind SFAR No. 107, to the FAA no less than 30 calendar the January 2016 final rule, in the FAA’s § 91.1613, as necessary, prior to its days before the date on which the view, attacks against aircraft in-flight or expiration date. Somali airports could occur with little The FAA also republishes, with minor requesting department, agency, or or no warning. revisions, the approval process and instrumentality wishes the proposed Since January 2016, al-Shabaab has exemption information for this SFAR, so operations, if approved by the FAA, to continued to directly target civil that persons described in paragraph (a) commence. aviation using concealed improvised of the rule will be able to refer to this The letter must be sent by the explosive devices (IEDs) in an effort to final rule, rather than having to search requesting department, agency, or bypass security screening at Aden Adde through previous final rules to find the instrumentality to the Associate International Airport (HCMM) to relevant approval process and Administrator for Aviation Safety, detonate the device onboard an aircraft. exemption information. This approval Federal Aviation Administration, 800 This was demonstrated when al- process and exemption information is Independence Avenue SW, Washington, Shabaab claimed responsibility for the consistent with other similar SFARs and DC 20591. Electronic submissions are onboard detonation of a concealed IED recent agency practice. acceptable, and the requesting entity on a Daallo Airlines Flight 159, which may request that the FAA notify it originated from Aden Adde IV. Approval Process Based on a electronically as to whether the International Airport (HCMM) in Request From a Department, Agency, or approval request is granted. If a February 2016. Al-Shabaab has also Instrumentality of the United States requestor wishes to make an electronic conducted frequent terror attacks in Government submission to the FAA, the requestor close proximity to the airport and has If a department, agency, or should contact the Air Transportation conducted indirect fire attacks targeting instrumentality of the U.S. Government Division, Flight Standards Service, at facilities within the perimeter of the determines that it has a critical need to (202) 267–8166 to obtain the airport. Al-Shabaab has also conducted engage any person covered under SFAR appropriate email address. A single

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letter may request approval from the INFORMATION CONTACT section of this the department, agency, or FAA for multiple persons covered under final rule. instrumentality that requested the SFAR No. 107, § 91.1613, and/or for FAA approval of an operation under FAA’s approval of any additional multiple flight operations. To the extent SFAR No. 107, § 91.1613, does not conditions beyond those contained in known, the letter must identify the relieve persons subject to this SFAR of the approval letter. The requesting person(s) covered under the SFAR on their responsibility to comply with all department, agency, or instrumentality whose behalf the U.S. Government other applicable FAA rules and must have a contract, grant, or department, agency, or instrumentality regulations. Operators of civil aircraft cooperative agreement (or its prime is seeking FAA approval, and it must must also comply with the conditions of contractor must have a subcontract) describe— their certificate, OpSpecs, and LOAs, as with the person(s) described in • The proposed operation(s), applicable. Operators must further paragraph (a) of this SFAR No. 107, including the nature of the mission comply with all rules and regulations of § 91.1613, on whose behalf the being supported; other U.S. Government departments and department, agency, or instrumentality • The service to be provided by the agencies that may apply to the proposed requests FAA approval. person(s) covered by the SFAR; operations, including, but not limited • V. Requests for Exemption To the extent known, the specific to, the Transportation Security locations in the territory and airspace of Regulations issued by the Any operations not conducted under Somalia at altitudes below FL260 where Transportation Security Administration, an approval issued by the FAA through the proposed operation(s) will be Department of Homeland Security. the approval process set forth conducted, including, but not limited previously must be conducted under an to, the flight path and altitude of the Approval Conditions exemption from SFAR No. 107, aircraft while it is operating in the If the FAA approves the request, the § 91.1613. A request by any person territory and airspace of Somalia at FAA’s Aviation Safety Organization covered under SFAR No. 107, § 91.1613, altitudes below FL260 and the airports, (AVS) will send an approval letter to the for an exemption must comply with 14 airfields and/or landing zones at which requesting department, agency, or CFR part 11, and will require the aircraft will take-off and land; and instrumentality informing it that the exceptional circumstances beyond those • The method by which the FAA’s approval is subject to all of the contemplated by the approval process department, agency, or instrumentality following conditions: set forth above. In addition to the will provide, or how the operator will (1) The approval will stipulate those information required by 14 CFR 11.81, otherwise obtain, current threat procedures and conditions that limit, to at a minimum, the requestor must information and an explanation of how the greatest degree possible, the risk to describe in its submission to the FAA— the operator will integrate this the operator, while still allowing the • The proposed operation(s), information into all phases of the operator to achieve its operational including the nature of the operation; proposed operations (e.g., the pre- objectives. • The service to be provided by the mission planning and briefing, in-flight, (2) Before any approval takes effect, person(s) covered by the SFAR; and post-flight phases). the operator must submit to the FAA: • The specific locations in the The request for approval must also (a) A written release of the U.S. territory and airspace of Somalia at include a list of operators with whom Government from all damages, claims, altitudes below FL260 where the the U.S. Government department, and liabilities, including without proposed operation(s) will be agency, or instrumentality requesting limitation legal fees and expenses, conducted, including, but not limited FAA approval has a current contract(s), relating to any event arising out of or to, the flight path and altitude of the grant(s), or cooperative agreement(s) (or related to the approved operations in aircraft while it is operating in the with whom its prime contractor has a the territory and airspace of Somalia at territory and airspace of Somalia at subcontract(s)) for specific flight altitudes below FL260; and altitudes below FL260 and the airports, operations in the territory and airspace (b) the operator’s agreement to airfields and/or landing zones at which of Somalia at altitudes below FL260. indemnify the U.S. Government with the aircraft will take-off and land; Additional operators may be identified respect to any and all third-party • The method by which the operator to the FAA at any time after the FAA damages, claims, and liabilities, will obtain current threat information, approval is issued. However, all including without limitation legal fees and an explanation of how the operator additional operators must be identified and expenses, relating to any event will integrate this information into all to, and obtain an Operations arising out of or related to the approved phases of its proposed operations (e.g., Specification (OpSpec) or Letter of operations in the territory and airspace the pre-mission planning and briefing, Authorization (LOA), as appropriate, of Somalia at altitudes below FL260. in-flight, and post-flight phases); and from the FAA for operations in the (3) Other conditions that the FAA • The plans and procedures that the territory and airspace of Somalia at may specify, including those that may operator will use to minimize the risks, altitudes below FL260, before such be imposed in OpSpecs or LOAs, as identified in the Background section of operators commence such operations. applicable. this rule, to the proposed operations, so The approval conditions discussed The release and agreement to that granting the exemption would not below will apply to any such additional indemnify do not preclude an operator adversely affect safety or would provide operators. Updated lists should be sent from raising a claim under an applicable a level of safety at least equal to that to the email address to be obtained from non-premium war risk insurance policy provided by this SFAR. The FAA has the Air Transportation Division by issued by the FAA under chapter 443 of found comprehensive, organized plans calling (202) 267–8166. title 49, United States Code. and procedures of this nature to be If an approval request includes If the proposed operation(s) is helpful in facilitating the agency’s safety classified information, requestors may approved, the FAA will issue an evaluation of petitions for exemption contact Aviation Safety Inspector OpSpec or an LOA, as applicable, to the from other flight prohibition SFARs. Michael Filippell for instructions on operator(s) identified in the original Additionally, the release and submitting it to the FAA. His contact request authorizing them to conduct the agreement to indemnify, as referred to information is listed in the FOR FURTHER approved operation(s), and will notify above, will be required as a condition of

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any exemption that may be issued under State, local, or tribal governments, or on significant economic impact on a SFAR No. 107, § 91.1613. the private sector, by exceeding the substantial number of small entities. If The FAA recognizes that operations threshold identified previously. the agency determines that it will, the that may be affected by SFAR No. 107, agency must prepare a regulatory A. Regulatory Evaluation § 91.1613, including this amendment, flexibility analysis as described in the may be planned for the governments of Department of Transportation Order RFA. However, if an agency determines other countries with the support of the 2100.5 prescribes policies and that a rule is not expected to have a U.S. Government. While these procedures for simplification, analysis, significant economic impact on a operations will not be permitted and review of regulations. If the substantial number of small entities, through the approval process, the FAA expected cost impact is so minimal that section 605(b) of the RFA provides that will process exemption requests for a proposed or final rule does not the head of the agency may so certify such operations on an expedited basis warrant a full evaluation, this order and a regulatory flexibility analysis is and prior to any private exemption permits a statement to that effect and not required. The certification must requests. the basis for it to be included in the include a statement providing the preamble if a full regulatory evaluation VI. Regulatory Notices and Analyses factual basis for this determination, and of the costs and benefits is not prepared. the reasoning should be clear. Changes to Federal regulations must Such a determination has been made for As noted previously, the FAA undergo several economic analyses. this final rule. The reasoning for this estimates that the costs of this rule will First, Executive Orders 12866 and 13563 determination follows. be minimal and that very few small direct that each Federal agency shall Due to the significant hazards to U.S. entities will be adversely affected. propose or adopt a regulation only upon civil aviation described in the Therefore, as provided in section 605(b), a reasoned determination that the Background section of this rule, this the head of the FAA certifies that this benefits of the intended regulation rule extends the prohibition against U.S. rulemaking will not have a significant justify its costs. Second, the Regulatory civil flights in the territory and airspace economic impact on a substantial Flexibility Act of 1980 (Pub. L. 96–354), of Somalia at altitudes below FL260. number of small entities. as codified in 5 U.S.C. 603 et seq., The FAA believes there are very few, if requires agencies to analyze the any, U.S. operators who wish to overfly C. International Trade Impact economic impact of regulatory changes Somalia at altitudes below FL260 or Assessment on small entities. Third, the Trade operate to, from, or within Somalia. The Trade Agreements Act of 1979 Agreements Act of 1979 (Pub. L. 96–39), Since January 7, 2016, the FAA has (Pub. L. 96–39) prohibits Federal 19 U.S.C. Chapter 13, prohibits agencies received very few requests for approval agencies from establishing standards or from setting standards that create or exemption to conduct flight engaging in related activities that create unnecessary obstacles to the foreign operations in the territory and airspace unnecessary obstacles to the foreign commerce of the United States. In of Somalia at altitudes below FL260, commerce of the United States. developing U.S. standards, the Trade and at least one was abandoned by the Pursuant to this Act, the establishment Agreements Act requires agencies to requestor before FAA processing was of standards is not considered an consider international standards and, completed. unnecessary obstacle to the foreign where appropriate, that they be the basis Consequently, the FAA estimates the commerce of the United States, so long of U.S. standards. Fourth, the Unfunded costs of this rule to be minimal. These as the standard has a legitimate Mandates Reform Act of 1995 (Pub. L. minimal costs are exceeded by the domestic objective, such as the 104–4), as codified in 2 U.S.C. Chapter benefits of avoided deaths, injuries, and protection of safety, and does not 25, requires agencies to prepare a property damage that could result from operate in a manner that excludes written assessment of the costs, benefits, a U.S. operator’s aircraft being shot imports that meet this objective. The and other effects of proposed or final down (or otherwise damaged) due to the statute also requires consideration of rules that include a Federal mandate hazards described in the Background international standards and, where likely to result in the expenditure by section of this final rule. appropriate, that they be the basis for State, local, or tribal governments, in the U.S. standards. aggregate, or by the private sector, of B. Regulatory Flexibility Determination The FAA has assessed the effect of $100 million or more annually (adjusted The Regulatory Flexibility Act of 1980 this final rule and determined that its for inflation with base year of 1995). (Pub. L. 96–354) (RFA) establishes ‘‘as a purpose is to protect the safety of U.S. This portion of the preamble principle of regulatory issuance that civil aviation from a hazard to their summarizes the FAA’s analysis of the agencies shall endeavor, consistent with operations in the territory and airspace economic impacts of this final rule. the objectives of the rule and of of Somalia at altitudes below FL 260, a In conducting these analyses, the FAA applicable statutes, to fit regulatory and location outside the U.S. Therefore, the has determined that this final rule has informational requirements to the scale rule is in compliance with the Trade benefits that justify its costs and is a of the businesses, organizations, and Agreements Act. ‘‘significant regulatory action’’ as governmental jurisdictions subject to defined in section 3(f) of Executive regulation. To achieve this principle, D. Unfunded Mandates Assessment Order 12866, because it raises novel agencies are required to solicit and Title II of the Unfunded Mandates policy issues contemplated under that consider flexible regulatory proposals Reform Act of 1995 (Pub. L. 104–4) Executive Order. The rule is also and to explain the rationale for their requires each Federal agency to prepare ‘‘significant’’ as defined in DOT’s actions to assure that such proposals are a written statement assessing the effects Regulatory Policies and Procedures. The given serious consideration.’’ The RFA of any Federal mandate in a proposed or final rule will not have a significant covers a wide range of small entities, final agency rule that may result in an economic impact on a substantial including small businesses, not-for- expenditure of $100 million or more (in number of small entities, will not create profit organizations, and small 1995 dollars) in any one year by State, unnecessary obstacles to the foreign governmental jurisdictions. local, and tribal governments, in the commerce of the United States, and will Agencies must perform a review to aggregate, or by the private sector; such not impose an unfunded mandate on determine whether a rule will have a a mandate is deemed to be a ‘‘significant

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regulatory action.’’ The FAA currently power and responsibilities among the docket or amendment number of this uses an inflation-adjusted value of various levels of government, and, rulemaking in your request. $155.0 million in lieu of $100 million. therefore, would not have Federalism Except for classified material, all This final rule does not contain such implications. documents the FAA considered in a mandate. Therefore, the requirements developing this rule, including of Title II of the Act do not apply. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, economic analyses and technical E. Paperwork Reduction Act Distribution, or Use reports, may be accessed from the The Paperwork Reduction Act of 1995 The FAA analyzed this final rule internet through the Federal (44 U.S.C. 3507(d)) requires that the under Executive Order 13211, Actions eRulemaking Portal referenced above. FAA consider the impact of paperwork Concerning Regulations that B. Small Business Regulatory and other information collection Significantly Affect Energy Supply, Enforcement Fairness Act burdens imposed on the public. The Distribution, or Use (May 18, 2001). The FAA has determined that there is no agency has determined that it would not The Small Business Regulatory new requirement for information be a ‘‘significant energy action’’ under Enforcement Fairness Act of 1996 collection associated with this final the executive order and would not be (SBREFA) requires FAA to comply with rule. likely to have a significant adverse effect small entity requests for information or advice about compliance with statutes F. International Compatibility and on the supply, distribution, or use of and regulations within its jurisdiction. Cooperation energy. A small entity with questions regarding In keeping with U.S. obligations C. Executive Order 13609, Promoting this document may contact its local under the Convention on International International Regulatory Cooperation FAA official, or the person listed under Civil Aviation, it is FAA’s policy to Executive Order 13609, Promoting the FOR FURTHER INFORMATION CONTACT conform to International Civil Aviation International Regulatory Cooperation, heading at the beginning of the Organization (ICAO) Standards and (77 FR 26413, May 4, 2012) promotes preamble. To find out more about Recommended Practices to the international regulatory cooperation to SBREFA on the internet, visit http:// maximum extent practicable. The FAA meet shared challenges involving www.faa.gov/regulations_policies/ has determined that there are no ICAO health, safety, labor, security, rulemaking/sbre_act/. Standards and Recommended Practices environmental, and other issues and to that correspond to this regulation. reduce, eliminate, or prevent List of Subjects in 14 CFR Part 91 G. Environmental Analysis unnecessary differences in regulatory Air traffic control, Aircraft, Airmen, requirements. The FAA has analyzed The FAA has analyzed this action Airports, Aviation safety, Freight, this action under the policies and Somalia. under Executive Order 12114, agency responsibilities of Executive Environmental Effects Abroad of Major Order 13609, and has determined that The Amendment Federal Actions (44 FR 1957, January 4, this action would have no effect on 1979), and DOT Order 5610.1C, international regulatory cooperation. In consideration of the foregoing, the Paragraph 16. Executive Order 12114 Federal Aviation Administration requires the FAA to be informed of D. Executive Order 13771, Reducing amends chapter I of title 14, Code of environmental considerations and take Regulation and Controlling Regulatory Federal Regulations as follows: those considerations into account when Costs making decisions on major Federal This rule is not subject to the PART 91—GENERAL OPERATING AND actions that could have environmental requirements of EO 13771 (82 FR 9339, FLIGHT RULES impacts anywhere beyond the borders of February 3, 2017) because it is issued the United States. The FAA has with respect to a national security ■ 1. The authority citation for part 91 determined that this action is exempt function of the United States. continues to read as follows: pursuant to Section 2–5(a)(i) of VIII. Additional Information Authority: 49 U.S.C. 106(f), 106(g), 1155, Executive Order 12114, because it does 40101, 40103, 40105, 40113, 40120, 44101, not have the potential for a significant A. Availability of Rulemaking 44111, 44701, 44704, 44709, 44711, 44712, effect on the environment outside the Documents 44715, 44716, 44717, 44722, 46306, 46315, United States. 46316, 46504, 46506–46507, 47122, 47508, In accordance with FAA Order An electronic copy of rulemaking 47528–47531, 47534, Pub. L. 114–190, 130 1050.1F, ‘‘Environmental Impacts: documents may be obtained from the Stat. 615 (49 U.S.C. 44703 note); articles 12 Policies and Procedures,’’ paragraph 8– internet by— and 29 of the Convention on International • Searching the Federal eRulemaking 6(c), FAA has prepared a memorandum Civil Aviation (61 Stat. 1180), (126 Stat. 11). Portal (http://www.regulations.gov); for the record stating the reasons for this • Visiting the FAA’s Regulations and ■ 2. Revise paragraph (e) in § 91.1613 to determination, which has been placed Policies web page at http:// read as follows: in the docket for this rulemaking. www.faa.gov/regulations_policies or • § 91.1613 Special Federal Aviation VII. Executive Order Determinations Accessing the Government Regulation No. 107—Prohibition Against Publishing Office’s web page at http:// A. Executive Order 13132, Federalism Certain Flights in the Territory and Airspace www.fdsys.gov. of Somalia. The FAA has analyzed this final rule Copies may also be obtained by * * * * * under the principles and criteria of sending a request (identified by Executive Order 13132, Federalism. The amendment or docket number of this (e) Expiration. This SFAR will remain agency has determined that this action rulemaking) to the Federal Aviation in effect until January 7, 2020. The FAA would not have a substantial direct Administration, Office of Rulemaking, may amend, rescind, or extend this effect on the States, or the relationship ARM–1, 800 Independence Avenue SW, SFAR as necessary. between the Federal Government and Washington, DC 20591, or by calling Issued in Washington, DC, under the the States, or on the distribution of (202) 267–9677. Please identify the authority of 49 U.S.C. 106(f) and (g),

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40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), BEA conducts the BE–12 survey once amendments include changes in data on December 6, 2017. every five years under the authority of items collected, the design of the survey Michael P. Huerta, the International Investment and Trade forms, and the reporting requirements Administrator. in Services Survey Act (22 U.S.C. 3101– for the survey. [FR Doc. 2017–26847 Filed 12–12–17; 8:45 am] 3108). BEA changes the reporting BILLING CODE 4910–13–P In 2012, BEA issued a rule (77 FR requirements for certain private funds 24373) that established guidelines for that file the BE–12 survey. BEA, in collecting data on international trade in cooperation with the U.S. Department of DEPARTMENT OF COMMERCE services and direct investment through the Treasury, instructs reporters of notices, rather than through rulemaking. investments in private funds that meet Bureau of Economic Analysis Persons are required to respond to other the definition of direct investment (that BEA surveys conducted under these is, ownership by one person of 10 15 CFR Part 801 guidelines only when they are contacted percent or more of the voting interest of by BEA. Under this final rule, however, a business enterprise) but display [Docket No. 170322304–7557–01] persons subject to the reporting characteristics of portfolio investment RIN 0691–AA86 requirements of the BE–12, Benchmark (specifically, investors who do not Survey of Foreign Direct Investment in intend to control or influence the Direct Investment Surveys: BE–12, the United States, will be required to management of an operating company) Benchmark Survey of Foreign Direct respond whether or not they are to report through the Treasury Investment in the United States contacted by BEA. International Capital (TIC) reporting The benchmark survey covers the AGENCY: Bureau of Economic Analysis, system, where other related portfolio universe of foreign direct investment in Commerce. investments are already being reported, the United States in terms of value and ACTION: Final rule. and not to report on BEA’s direct is BEA’s most detailed survey of such investment surveys. Direct investment SUMMARY: This final rule amends investment. Foreign direct investment in operating companies, including regulations of the Department of in the United States is defined as the investment by and through private Commerce’s Bureau of Economic ownership or control, directly or funds, will continue to be reported to Analysis (BEA) to set forth the reporting indirectly, by one foreign person BEA. requirements for the 2017 BE–12, (foreign parent) of 10 percent or more of BEA adds, deletes, and modifies some Benchmark Survey of Foreign Direct the voting securities of an incorporated items on the benchmark survey forms. Investment in the United States. The U.S. business enterprise or an The following items are added to the BE–12 survey is conducted every five equivalent interest in an unincorporated benchmark survey: years; the prior survey covered 2012. U.S. business enterprise, including a (1) Expand sales of services The benchmark survey covers the branch. breakdown on the BE–12A form to universe of foreign direct investment in The purpose of the benchmark survey include sales of services to other U.S. the United States and is BEA’s most is to obtain universe data on the affiliates of the same affiliated foreign detailed survey of such investment. For financial and operating characteristics group, sales to unaffiliated U.S. persons the 2017 benchmark survey, BEA will of U.S. affiliates and on positions and or entities, sales to the affiliated foreign make changes in data items collected, transactions between U.S. affiliates and group, sales to foreign affiliates owned the design of the survey forms, and the their foreign parent groups (which are by the U.S. affiliate responding to the reporting requirements for the survey to defined to include all foreign parents survey, and sales to all other foreign satisfy changing data needs and to and foreign affiliates of foreign parents). persons or entities. improve data quality and the These data are needed to measure the (2) Expand state-level data items on effectiveness and efficiency of data size and economic significance of the BE–12A and BE–12B forms to collection. foreign direct investment in the United include manufacturing employment; States, measure changes in such gross book value of property, plant, and DATES: This final rule is effective investment, and assess its impact on the January 12, 2018. equipment; and the portion of the gross U.S. economy. Such data are generally book value that is commercial property. FOR FURTHER INFORMATION CONTACT: found in enterprise-level accounting (3) Add state of location to the Patricia Abaroa, Chief, Direct records of respondent companies. These BE–12C form, Part I. Investment Division (BE–49), Bureau of data are used to derive current universe (4) Add a question to collect the 20- Economic Analysis, U.S. Department of estimates of direct investment from digit Legal Entity Identifier of the U.S. Commerce, 4600 Silver Hill Road, sample data collected in other BEA affiliate on the BE–12A and Washington, DC 20233; phone (301) surveys in non-benchmark years. In BE–12B forms. 278–9591; or via email at particular, they serve as benchmarks for (5) Add a question asking whether the [email protected]. the quarterly direct investment U.S. affiliate is a publicly traded SUPPLEMENTARY INFORMATION: On July estimates included in the U.S. company, and if it is, collect the stock 27, 2017, BEA published a notice of international transactions, international exchange on which it is listed and the proposed rulemaking that set forth investment position, and national ticker symbol on the BE–12A and BE– revised reporting criteria for the BE–12, income and product accounts, and for 12B forms. Benchmark Survey of Foreign Direct annual estimates of the foreign direct (6) Add questions separating Investment in the United States (82 FR investment position in the United States payables, receivables, interest payments, 34894). No comments on the proposed and of the activities of the U.S. affiliates and interest receipts by foreign parents rule were received. of foreign companies. and foreign affiliates of foreign parents This final rule amends 15 CFR part (FAFPs) on the BE–12B form. 801 to set forth the reporting Description of Changes (7) Add a Part III to the BE–12C form requirements for the BE–12, Benchmark This final rule amends the regulations to expand information collected on Survey of Foreign Direct Investment in (15 CFR part 801) and the survey forms foreign ownership to better align the the United States. for the BE–12 benchmark survey. These data collected on the BE–12 benchmark

VerDate Sep<11>2014 15:49 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1 sradovich on DSK3GMQ082PROD with RULES