Prohibition Against Certain Flights Within the Baghdad (ORBB) Flight Information Region (FIR), 26822-26828 [2015-11284]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Rules and Regulations]
[Pages 26822-26828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11284]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2003-14766; Amendment No. 91-327A; SFAR No. 77]
RIN 2120-AK60


Prohibition Against Certain Flights Within the Baghdad (ORBB) 
Flight Information Region (FIR)

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action amends Special Federal Aviation Regulation (SFAR) 
No. 77, ``Prohibition Against Certain Flights Within the Territory and 
Airspace of Iraq,'' which prohibits certain flight operations in the 
territory and airspace of Iraq by all United States (U.S.) air 
carriers; U.S. commercial operators; persons exercising the privileges 
of a U.S. airman certificate, except when such persons are operating a 
U.S.-registered civil aircraft for a foreign air carrier; and operators 
of U.S.-registered civil aircraft, except when such operators are 
foreign air carriers. On August 8, 2014, the FAA issued a Notice to 
Airmen (NOTAM) prohibiting flight operations in the ORBB FIR at all 
altitudes, subject to certain limited exceptions, due to the armed 
conflict in Iraq. This amendment to SFAR No. 77 incorporates the flight 
prohibition set forth in the August 8, 2014, NOTAM into the rule. The 
FAA is also revising the approval process for this SFAR for other U.S. 
Government departments, agencies, and instrumentalities, to align with 
the approval process established for other recently published flight 
prohibition SFARs. This final rule will remain in effect for two years.

DATES: This final rule is effective May 11, 2015 through May 11, 2017.

FOR FURTHER INFORMATION CONTACT: For technical questions about this 
action, contact 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: will.gonzalez@faa.gov.
    For legal questions concerning this action, contact: Robert 
Frenzel, Office of the Chief Counsel, AGC-200, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-7638, email: robert.frenzel@faa.gov.

SUPPLEMENTARY INFORMATION: 

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.'' In this instance, 
the FAA finds that notice and public comment to this immediately 
adopted final rule, as well as any delay in the effective date of this 
rule, are impracticable and contrary to the public interest due to the 
immediate need to address the potential hazard to civil aviation that 
now exists in the ORBB FIR, as described in the Background section of 
this rule.

Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the U.S. and for 
the safety of U.S. civil operators, U.S.-registered civil aircraft, and 
U.S.-certificated airmen throughout the world. The FAA's authority to 
issue rules on aviation safety is found in title 49, U.S. Code. 
Subtitle I, section 106(f),

[[Page 26823]]

describes 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 rulemaking 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 amends SFAR No. 77, Sec.  
91.1605, to incorporate the prohibition set forth in the August 8, 
2014, NOTAM on flight operations at all altitudes in the ORBB FIR due 
to the potential hazard to U.S. civil aviation posed by the armed 
conflict in Iraq. This amendment will remain in effect for two years. 
The FAA will continue to actively evaluate the area and amendments to 
the SFAR may be appropriate if the risk to aviation safety and security 
changes. The FAA may amend or rescind the SFAR as necessary prior to 
its expiration date.

I. Background

    On October 9, 1996 (61 FR 54020 (October 16, 1996)), the FAA issued 
SFAR No. 77 to prohibit flight operations over or within the territory 
and airspace of Iraq by any U.S. air carrier or commercial operator; by 
any person exercising the privileges of an airman certificate issued by 
the FAA, except persons operating U.S.-registered aircraft for a 
foreign air carrier; or by any person operating an aircraft registered 
in the United States, unless the operator of such aircraft was a 
foreign air carrier. The prohibition was issued in response to concerns 
for the safety and security of U.S. civil flights within the territory 
and airspace of Iraq. In the final rule, the FAA cited a threat made by 
then President of Iraq Saddam Hussein, who urged his air defense forces 
to ignore both the southern and northern no-fly zones that were then in 
place and to attack ``any air target of the aggressors.'' 61 FR 54020. 
The FAA was concerned that this threat could apply to civilian as well 
as to military aircraft, and therefore issued SFAR No. 77.
    In early 2003, a U.S.-led coalition removed Saddam Hussein's regime 
from power in Iraq. The FAA anticipated that when hostilities ended in 
Iraq, humanitarian efforts would be needed to assist the people of 
Iraq. To facilitate those efforts, in April 2003, the FAA amended what 
was then paragraph 3 of SFAR No. 77 to clarify the approval process for 
such flights, making clear that operations could not be authorized by 
another agency without the approval of the FAA. The FAA issued the 
amendment on April 7, 2003 (68 FR 17870 (April 11, 2003)).
    On November 13, 2003 (68 FR 65382 (November 19, 2003)), the FAA 
determined that certain limited overflights of Iraq could be conducted 
safely, subject to the permission of the appropriate authorities in 
Iraq and in accordance with the conditions established by those 
authorities. Accordingly, the FAA amended SFAR No. 77 to permit 
overflights of Iraq above flight level (FL) 200. That amendment also 
allowed aircraft departing from countries adjacent to Iraq to operate 
at altitudes below FL 200 within Iraq to the extent necessary to permit 
a climb above FL 200 if the climb performance of the aircraft would not 
permit operation above FL 200 prior to entering Iraqi airspace.
    On April 19, 2004 (69 FR 21953 (April 23, 2004)), the FAA issued an 
interpretation of SFAR No. 77, entitled ``Prohibition Against Certain 
Flights Within the Territory and Airspace of Iraq; Approval Process for 
Requests for Authorization to Operate in Iraqi Airspace,'' (the 2004 
Interpretation) in the Federal Register. The purpose of the 2004 
Interpretation was to explain how the FAA would process and, where 
appropriate, approve requests for authorization to operate in Iraqi 
airspace. A copy of the 2004 Interpretation has been placed in the 
docket for this rulemaking.
    On November 28, 2012 (77 FR 72709 (December 6, 2012)), the FAA 
again amended SFAR No. 77, Sec.  91.1605, effective January 7, 2013, to 
allow U.S. civil flight operations to and from points outside Iraq, to 
and from Erbil (ORER) and Sulaymaniyah (ORSU) International Airports in 
Northern Iraq by persons previously prohibited from conducting such 
operations by SFAR No. 77, Sec.  91.1605, based on results of 
evaluations of the airports. ORER and ORSU had supported non-U.S. air 
carrier operations for a number of years without incident. Based 
largely on the initiation of those operations and on improvements in 
the operational environment, the FAA determined that flights by U.S. 
operators could be conducted safely to those two airports under certain 
conditions. Therefore, the FAA amended SFAR No. 77, Sec.  91.1605, to 
allow certain flights within the territory and airspace of Iraq north 
of 34[deg]30' North latitude below FL 200 to and from ORER or ORSU, 
with certain conditions and limitations.
    Once the December 2012 amendment went into effect, neither an 
exemption nor an approval under paragraph (c) of SFAR No. 77 was 
required for operations to or from ORER or ORSU. However, paragraph 
(b)(5) required operators flying to or from ORER or ORSU to or from 
points outside Iraq to obtain a Letter of Authorization (LOA) or 
Operations Specification (OpSpec), as appropriate, from the Director, 
Flight Standards Service, AFS-1, prior to conducting such operations. 
The OpSpec or LOA specified the limitations and conditions under which 
the operation had to be conducted, to address the residual risk 
associated with operating into and out of those two airports.
    On July 31, 2014, the FAA issued a NOTAM prohibiting flight 
operations in the territory and airspace of Iraq at or below FL 300 
because of significant changes in the operational environment for U.S. 
civil aviation. The recent resurgence of groups, such as the Islamic 
State of Iraq and the Levant (ISIL), also known as the Islamic State of 
Iraq and Syria (ISIS), and their ongoing combat operations against the 
Iraqi government and its allies had led to an increased threat to U.S. 
civil aviation in Iraq. ISIL was rapidly acquiring weapons from 
captured Iraqi or Syrian stocks and had former military personnel to 
operate those weapons. ISIL had shot down Iraqi rotary-wing and fixed-
wing aircraft flying at low altitudes, and also had man-portable air 
defense systems and other anti-aircraft weapons that provided the 
capability to target aircraft at higher altitudes. As a result, the FAA 
determined that ISIL posed an increased threat to U.S. civil aviation 
operating in Iraqi airspace at or below FL 300.
    The July 31, 2014, NOTAM increased restrictions on operations in 
the territory and airspace of Iraq beyond the restrictions contained in 
SFAR No. 77, Sec.  91.1605, which remained in effect. The following 
operations that had been permitted under SFAR No. 77, Sec.  91.1605, 
were prohibited by the July 31, 2014, NOTAM: (1) Overflights of Iraq 
above FL 200 but at or below FL 300; (2) operations at or below FL 300 
by flights departing from countries

[[Page 26824]]

adjacent to Iraq whose climb performance would not permit operations 
above FL 300 prior to entering Iraqi airspace; and (3) flights within 
the territory of Iraq north of 34[deg]30' North latitude originating 
from or destined to areas outside of Iraq to or from ORER or ORSU.
    On August 7, 2014, President Obama announced that he had authorized 
targeted airstrikes against militants associated with ISIL if they 
moved toward the Iraqi city of Erbil, as well as targeted airstrikes, 
if necessary, to help Iraqi forces as they fought to break the siege of 
Mount Sinjar and to protect the civilians trapped there. The President 
also stated that the U.S. was conducting humanitarian air drops to aid 
the trapped civilians. U.S. forces began conducting airstrikes on 
August 8, 2014. On the same day, the FAA issued a NOTAM that prohibited 
U.S. civil flight operations in the ORBB FIR at all altitudes due to 
the potentially hazardous situation created by the armed conflict 
between militants associated with ISIL and Iraqi security forces and 
their allies. The August 8, 2014, NOTAM superseded the July 31, 2014, 
NOTAM. This amendment to SFAR No. 77, Sec.  91.1605, revises the rule 
to incorporate the flight prohibition set forth in the August 8, 2014, 
NOTAM.
    Because the circumstances described herein warrant immediate action 
by the FAA, I find that notice and public comment under 5 U.S.C. 
553(b)(3)(B) are impracticable and contrary to the public interest. 
Further, I find that good cause exists under 5 U.S.C. 553(d) for making 
this rule effective immediately upon issuance. I also find that this 
action is fully consistent with the obligations under 49 U.S.C. 40105 
to ensure that I exercise my duties consistently with the obligations 
of the United States under international agreements.

II. Overview of Final Rule

    This action amends SFAR No. 77, Sec.  91.1605, to incorporate the 
prohibition contained in the FAA's August 8, 2014, NOTAM on flight 
operations at all altitudes in the ORBB FIR by all U.S. air carriers; 
U.S. commercial operators; persons exercising the privileges of a U.S. 
airman certificate, except when such persons are operating a U.S.-
registered civil aircraft for a foreign air carrier; and operators of 
U.S.-registered civil aircraft, except when such operators are foreign 
air carriers. The FAA finds this action necessary to prevent a 
potential hazard to persons and aircraft engaged in such flight 
operations.

A. Revised Approval Process Based on an Authorization Request From a 
Department, Agency, or Instrumentality of the United States Government

    In some instances, U.S. government departments, agencies, or 
instrumentalities may need to engage U.S. civil aviation to support 
their activities in Iraq. The FAA believes that it has provided a more 
streamlined approval processes for other U.S. government departments, 
agencies, and instrumentalities in more recent flight prohibition SFARs 
than the 2004 Interpretation would allow, and that an approval process 
similar to those adopted for recent SFARs may be instituted for SFAR 
No. 77, Sec.  91.1605, while still addressing the threats to U.S. civil 
aviation in the ORBB FIR. Therefore, the FAA withdraws the 2004 
Interpretation in its entirety and replaces it with the approval 
process described below.
    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. 77, Sec.  91.1605, including a U.S. air carrier or a 
U.S. commercial operator, to conduct a charter to transport civilian or 
military passengers or cargo, that department, agency, or 
instrumentality may request the FAA to approve persons covered under 
SFAR No. 77, Sec.  91.1605, to conduct such operations. U.S. Government 
departments, agencies, and instrumentalities may also request approval 
on behalf of subcontractors where the prime contractor has a contract, 
grant, or cooperative agreement with the U.S. Government department, 
agency, or instrumentality. An approval request must be made to the FAA 
in a letter signed by an appropriate senior official of the requesting 
department, agency, or instrumentality of the U.S. Government. The 
letter must be sent 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. 77, Sec.  91.1605, and/or for multiple flight operations. To the 
extent known, the letter must identify the person(s) expected to be 
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 ORBB 
FIR where the proposed operation(s) will be conducted; 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 its 
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 its prime contractor has a 
subcontract(s)) for specific flight operations in the ORBB FIR. 
Additional operators may be identified to the FAA at any time after the 
FAA approval is issued. Updated lists should be sent to the email 
address to be obtained from the Air Transportation Division, AFS-220, 
by calling (202) 267-8166.
    If an approval request includes classified information, requestors 
may contact Aviation Safety Inspector Will Gonzalez for instructions on 
submitting it to the FAA. His contact information is listed in the 
``For Further Information Contact'' section of this final rule.
    FAA approval of an operation under SFAR No. 77, Sec.  91.1605, does 
not relieve persons subject to this SFAR of their responsibility to 
comply with all applicable FAA rules and regulations. Operators of 
civil aircraft will have to comply with the conditions of their 
certificate and OpSpecs. Operators will also have to comply with all 
rules and regulations of other U.S. Government departments or agencies 
that may apply to the proposed operation, including, but not limited 
to, the Transportation Security Regulations issued by the 
Transportation Security Administration, Department of Homeland 
Security.

B. Approval Conditions

    When 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

[[Page 26825]]

FAA's approval is subject to all of the following:
    (1) Any 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) Any approval will indicate that the operation is not eligible 
for coverage under any premium war risk insurance policy issued by the 
FAA under chapter 443 of title 49, U.S. Code. \1\ \2\ Each such policy 
excludes coverage for any aircraft operations that are intentionally 
conducted into or within geographic areas prohibited by an SFAR, such 
as this SFAR No. 77, Sec.  91.1605. The exclusion specified in the 
policy will remain in effect as long as this SFAR No. 77, Sec.  
91.1605, remains in effect, notwithstanding the issuance of any 
approval under, or exemption from, this SFAR No. 77, Sec.  91.1605, 
(the chapter 443 premium war risk insurance policy refers to such 
approval as a ``waiver'' and such exemption as an ``exclusion'').
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    \1\ Section 102 of Division L of the Consolidated and Further 
Continuing Appropriations Act, 2015, Public Law 113-235, December 
16, 2014, inter alia, amended 49 U.S.C. 44302(f) and 44310(a) to 
specify the termination dates in those sections as December 11, 
2014. The effect was to terminate coverage under FAA's premium war 
risk insurance program as of December 11, 2014. FAA has decided to 
leave the matter relating to premium insurance in this final rule, 
in order to make clear that the conditions relating to insurance, as 
stated in the final rule, will apply in the event that Congress 
decides to reauthorize the premium insurance program under chapter 
443 of title 49, U.S. Code. Under 49 U.S.C. 44310(b) (which was not 
affected by Pub. L. 113-235), FAA's authority to provide non-premium 
insurance coverage remains in effect through December 31, 2018.
    \2\ If and when, in connection with an operator's contract with 
a department, agency, or instrumentality of the U.S. Government, an 
operation is covered by a non-premium war risk insurance policy 
issued by the FAA under 49 U.S.C. 44305, coverage under that 
operator's FAA premium war risk insurance policy, if any, is 
suspended as a condition contained in that premium policy.
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    (3) Before any approval takes effect, the operator must submit to 
the FAA:
    (a) A written release of the U.S. Government (including, but not 
limited to, the United States of America as Insurer) from all damages, 
claims, and liabilities, including without limitation legal fees and 
expenses; and
    (b) The operator's written agreement to indemnify the U.S. 
Government (including but not limited to the United States of America, 
as Insurer) with respect to any and all third-party damages, claims, 
and liabilities, including without limitation legal fees and expenses, 
relating to any event arising from or related to the approved 
operations in the ORBB FIR.
    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.
    (4) Other conditions that the FAA may specify, including those that 
may be imposed in OpSpecs.
    If the proposed operation or operations is or are approved, the FAA 
will issue OpSpecs authorizing the operation or operations to the 
certificate holder and will notify the department, agency, or 
instrumentality that requested FAA approval of such operation(s) 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 
SFAR No. 77, Sec.  91.1605, on whose behalf the department, agency, or 
instrumentality requests FAA approval.

C. Requests for Exemption

    Any operation not conducted under the approval process set forth 
above must be conducted under an exemption from SFAR No. 77, Sec.  
91.1605. A request by any person covered under SFAR No. 77, Sec.  
91.1605, for an exemption must comply with 14 CFR part 11, and will 
require exceptional circumstances beyond those contemplated by the 
approval process set forth above. In addition to the information 
required by 14 CFR 11.81, the requestor must describe in its submission 
to the FAA, at a minimum--
     The proposed operation(s), including the nature of the 
operation;
     The service to be provided by the person(s) covered by 
SFAR No. 77, Sec.  91.1605;
     The specific locations in the ORBB FIR where the proposed 
operation(s) will be conducted; 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 above, will be required as a condition of any exemption issued under 
SFAR No. 77, Sec.  91.1605.
    The FAA recognizes that operations that may be affected by SFAR No. 
77, Sec.  91.1605, including this amendment, 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.

III. Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354), as codified in 5 U.S.C. 601 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) 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; currently $151 million). 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 and is a ``significant regulatory 
action,'' as defined in section 3(f) of Executive Order 12866, because 
it raises novel policy issues contemplated under that Executive Order. 
The rule is also ``significant'' as defined in DOT's Regulatory 
Policies and Procedures. The final rule, if adopted, will not have a 
significant economic impact on a substantial number of small entities, 
will not create unnecessary obstacles to international trade, and will 
not impose an unfunded mandate on state, local, or tribal governments, 
or on the private sector.

[[Page 26826]]

Total Benefits and Costs of This Rule

    Total annual costs to airlines are estimated to be approximately 
$14 million. The benefits of this final rule are the avoided deaths 
that might result from a U.S. operator's aircraft being shot down (or 
otherwise damaged) amidst the armed conflict in Iraq. Since each 
fatality is valued at $9.2 million, the benefits of this final rule 
will exceed the costs if just two such deaths are averted.

Who is potentially affected by this rule?

    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 aircraft registered in the United States, 
except where the operator of such aircraft is a foreign air carrier.

Assumptions

     Calendar Year 2013 data.
     Schedule P-10 from Bureau of Transportation Statistics 
(BTS) to obtain number of employees at a carrier.
     Schedule P-1.2 from BTS to obtain Total Operating Revenues 
at a carrier.
     U.S. Block Hour Operating Costs by Aircraft Type and 
Airline, from The Airline Monitor Commercial Aircraft Database.
     Number of flights affected and additional flying time 
provided by air carriers.
     Value of Statistical Life (VSL) of $9.2 million for 2013.

Costs of This Rule

    By prohibiting flights from operating in the ORBB FIR, flights that 
would overfly the ORBB FIR in the absence of this rule will have to fly 
additional time to avoid the area. The FAA requested flight and cost 
information from some U.S. air carriers who indicated to the FAA they 
would be affected by the prohibition. The FAA received responses from 
those U.S. air carriers, most of whom reported additional flying time 
and its associated costs. The additional reported flying time was 
multiplied by the operating cost per block hour by airline and aircraft 
type to obtain an estimate of the cost of this final rule. Total annual 
costs are estimated at $14 million.
    This rule imposes no reporting, recordkeeping, or other compliance 
requirements. The FAA is unaware of any Federal rules that duplicate, 
overlap, or conflict with this rule.

Benefits of This Rule

    The benefits of this final rule are the avoided deaths (or other 
losses) that might have resulted from a U.S. operator's aircraft being 
shot down (or otherwise damaged) amidst the armed conflict in Iraq. The 
benefits of this final rule will exceed the costs if just two such 
deaths do not occur (where each averted fatality is valued at $9.2 
million).

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (``RFA''), 
as codified in 5 U.S.C. 601 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-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.

Reasons the FAA Considered the Rule

    The FAA remains committed to continuously improving civil aviation 
safety. The FAA finds that this final rule is in the public interest 
due to the immediate need to address the potential hazard to civil 
aviation that now exists in the ORBB FIR, as described in this Notice.

The Objectives of and the Legal Basis for the Rule

    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, 
U.S. Code. Subtitle I, section 106(f), describes 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 rulemaking is promulgated under the authority described in 
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 amends SFAR No. 77, Sec.  91.1605, to 
incorporate the August 8, 2014, NOTAM's prohibition on U.S. civil 
flight operations at all altitudes in the ORBB FIR due to the potential 
hazard to U.S. civil aviation posed by the armed conflict in Iraq. This 
amendment also changes the approval process and adds an expiration 
date.

A Description of and an Estimate of the Number of Small Entities to 
Which the Rule Will Apply or an Explanation of Why No Such Estimate Is 
Available

    The Small Business Administration defines a small entity in the Air 
Transportation business as having less than 1,500 employees.\3\ There 
are over 10 small entities identified as being affected by this final 
rule. Only two provided information relating to costs.
---------------------------------------------------------------------------

    \3\ U.S. Small Business Administration, Table of Small Business 
Size Standards Matched to North American Industry Classification 
System Codes, page 26, https://www.sba.gov/sites/default/files/Size_Standards_Table.pdf.
---------------------------------------------------------------------------

The FAA Believes That This Final Rule Would Not Have a Significant 
Impact on a Substantial Number of Small Entities for the Following 
Reason

    The additional reported flying time by operators was multiplied by 
the operating cost per block hour by small airline and by aircraft type 
to obtain an estimate of the cost of this final rule. The small 
entities' operation costs

[[Page 26827]]

compared to their revenue is estimated at less than 1 percent. 
Therefore, as provided in section 605(b) of the RFA, the Administrator 
of the FAA certifies that this rulemaking will not result in a 
significant economic impact on a substantial number of small entities.

B. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39, 19 U.S.C. Chapter 
13), 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 assessed the potential effect of this final rule and 
determined that it will not create an unnecessary obstacle to the 
foreign commerce of the United States, because the regulation has a 
legitimate domestic objective, the protection of safety.

C. 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 $151.0 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.

D. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3501 
et seq.) as amended, 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 immediately adopted final 
rule.

E. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation (the ``Chicago Convention''), it is FAA 
policy to conform to 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 
proposed regulation.

F. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (``NEPA'') (Pub. L. 91-190, 42 U.S.C. Chapter 55) in the absence of 
extraordinary circumstances. The FAA has determined this rulemaking 
action qualifies for the categorical exclusion identified in paragraph 
312(f) of FAA Order 1050.1E and involves no extraordinary 
circumstances.
    The FAA has reviewed the implementation of the proposed amendment 
to SFAR No. 77, Sec.  91.1605, and determined it is categorically 
excluded from further environmental review according to FAA Order 
1050.1E, ``Environmental Impacts: Policies and Procedures,'' paragraph 
312(f). The FAA has examined possible extraordinary circumstances and 
determined that no such circumstances exist. After careful and thorough 
consideration of the proposed action, the FAA finds that the proposed 
federal action does not require preparation of an Environmental 
Assessment (EA) or an Environmental Impact Statement (EIS) in 
accordance with the requirements of NEPA, Council on Environmental 
Quality regulations, and FAA Order 1050.1E.

IV. Executive Order Determinations

A. Executive Order 13132, ``Federalism''

    The FAA has analyzed this immediately adopted 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 (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.

V. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal Document Management System (FDMS) Portal 
(https://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/ or
    3. Access the Government Publishing Office's Web page at: https://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) (Pub. L. 104-121) (set forth as a note to 5 U.S.C. 601), as 
amended, 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

[[Page 26828]]

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: 
https://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, Iraq.

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

0
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, articles 12 and 29 of the 
Convention on International Civil Aviation (61 Stat. 1180), (126 
Stat. 11).


0
2. Revise Sec.  91.1605 to read as follows:


Sec.  91.1605  Special Federal Aviation Regulation No. 77--Prohibition 
Against Certain Flights in the Baghdad (ORBB) Flight Information Region 
(FIR)

    (a) Applicability. This rule 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 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 Baghdad (ORBB) 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) of this section from conducting flight 
operations in the ORBB 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 parts 119, 121, 125, or 135, 
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 May 11, 2017. 
The FAA may amend, rescind, or extend this SFAR as necessary.

    Issued under authority provided by 49 U.S.C. 106(f), 
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), in Washington, DC, on 
May 1, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-11284 Filed 5-6-15; 11:15 am]
 BILLING CODE 4910-13-P