Prohibition Against Certain Flights in the Territory and Airspace of Somalia, 721-727 [2015-33257]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Rules and Regulations]
[Pages 721-727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33257]



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Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules 
and Regulations

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2007-27602; Amdt. No. 91-339]
RIN 2120-AK75


Prohibition Against Certain Flights in the Territory and Airspace 
of Somalia

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

ACTION: Final rule.

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SUMMARY: This action amends and expands a prohibition against certain 
flights in the territory and airspace of Somalia that applies to 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 aircraft for a foreign air 
carrier; and operators of U.S.-registered civil aircraft, except when 
such operators are foreign air carriers. The prohibition is expanded by 
raising the minimum Flight Level (FL) for flight operations by such 
persons from FL200 to FL260. The FAA is taking this action because it 
has determined that there is an unacceptable risk to U.S. civil 
aviation operating in the territory and airspace of Somalia at 
altitudes below FL260 resulting from terrorist and militant activity. 
The security situation in Somalia remains unstable. In response to this 
activity, the FAA published a Notice to Airmen (NOTAM) on May 12, 2015, 
prohibiting U.S. civil flight operations in the territory and airspace 
of Somalia at altitudes below FL260. The prohibition contained in the 
May 12, 2015 NOTAM was continued in a subsequent NOTAM issued on 
November 25, 2015 that used a new accountability code for NOTAMs that 
announce FAA flight advisories or prohibitions for U.S. civil aviation 
operations in airspace for which the FAA is not the air navigation 
service provider. This amendment incorporates the flight prohibition 
set forth in the November 25, 2015 NOTAM into the rule; revises the 
approval process for proposed operations sponsored by other U.S. 
Government departments, agencies, and instrumentalities to align with 
the approval processes established for other recently published flight 
prohibition rules and clarifies the FAA's expectations regarding 
requests for approval; adds information about requests for exemption; 
reorganizes the placement of the rule within the General Operating and 
Flight Rules; and makes technical corrections to the regulatory text. 
This final rule will remain in effect for two years.

DATES: This final rule is effective on January 7, 2016.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Michael Filippell, Air Transportation Division, 
AFS-220, Flight Standards Service, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8166; email michael.e.filippell@faa.gov.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    The FAA has determined that there is an unacceptable risk to U.S. 
civil aviation operating in the territory and airspace of Somalia at 
altitudes below FL260 resulting from terrorist and militant activity, 
as described in the Background section of this rule. This action 
incorporates into Special Federal Aviation Regulation (SFAR) No. 107, 
Sec.  91.1613, the expanded flight prohibition for U.S. civil aviation 
detailed in the November 25, 2015, 2015 NOTAM (KICZ A0031/15). The 
revised prohibition applies to flight operations in the territory and 
airspace of Somalia at altitudes below FL260 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 aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except when such operators are foreign air 
carriers. Prior to this rulemaking action, SFAR No. 107 prohibited 
certain flight operations within the territory and airspace of Somalia 
below FL200 (former paragraph 2 of SFAR No. 107). However, it permitted 
flights departing from countries adjacent to Somalia whose climb 
performance would not permit them to operate above FL200 prior to 
entering Somali airspace, to operate at altitudes below FL200 while 
operating within Somalia to the extent necessary to permit them to 
climb above FL200, subject to the approval of, and in accordance with 
the conditions established by, the appropriate authorities of Somalia 
(former paragraph 2(b) of SFAR No. 107). This amendment no longer 
provides such exceptions for flights departing from adjacent countries 
and entering Somali airspace below FL260. This amendment also reformats 
the rule to meet current Federal Register requirements; moves the rule 
from the beginning of part 91 of title 14, Code of Federal Regulations 
(CFR) to subpart M of that part; and revises 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 and clarifies the 
FAA's expectations regarding requests for approvals. It also adds 
information about requests for exemptions and makes technical 
corrections to the regulatory text.

II. 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 contrary to the public interest due to the immediate need to 
address the hazards to U.S. civil aviation that continue to exist in 
the territory and airspace of Somalia, as described in the Background 
section of this rule.

III. 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

[[Page 722]]

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 prohibits the persons subject to paragraph 
(a) of Special Federal Aviation Regulation (SFAR) No. 107, Sec.  
91.1613, (formerly paragraph 1 of SFAR No. 107) from conducting flight 
operations at altitudes below FL 260 in the territory and airspace of 
Somalia due to the hazards to the safety of such persons' flight 
operations, as described in the Background section of this rule.

IV. Background

    The FAA issued SFAR No. 107, effective March 30, 2007 (72 FR 16710, 
April 5, 2007), because it had aviation safety and national security 
concerns regarding the safety of U.S. civil flight operations in 
Somalia, as well as overflights of Somalia below FL200. On March 9, 
2007, the fuselage of an IL-76 aircraft supporting the deployment of 
Ugandan peacekeeping forces to Somalia exploded and caught fire just 
above the landing gear while on final approach to Mogadishu 
International Airport (HCMM). There was evidence to support the 
possibility that the aircraft might have been struck by a rocket-
propelled grenade (RPG) while 2.5-3 kilometers off the coast of Somalia 
at approximately 120 meters in altitude. The aircraft was able to land 
at Mogadishu, but was heavily damaged, although no serious injuries 
occurred to any crew or passengers. While there were conflicting 
accounts regarding the cause of the incident, the FAA believed at the 
time that the attack on the IL-76 was probably caused by an RPG. The 
FAA could not rule out the possibility that some individuals also had 
access to man-portable air defense systems (MANPADS) that could be used 
against those persons covered by SFAR No. 107. In addition, on March 
23, 2007, an IL-76 aircraft crashed after taking off from Mogadishu 
airport, killing all the passengers and crew. The aircraft brought 
engineers and parts to the IL-76 crippled in the March 9, 2007, 
incident. Although the cause of the crash was under investigation at 
the time SFAR No. 107 was issued, there was a possibility the IL-76 was 
downed by a MANPAD or RPG. These incidents occurred days after unknown 
individuals attacked the airport at Mogadishu with mortars, causing 
minimal damage. Consequently, the FAA determined that it was not safe 
for persons subject to SFAR No. 107 to overfly Somali territory below 
FL200 and that it was not in the United States' national security 
interests for such persons to engage in flight operations within the 
territory and airspace of Somalia below that altitude. Subsequent 
review of the IL-76 incidents later assessed that both attacks likely 
involved MANPADS.
    The security situation in Somalia remains unstable. The FAA has 
continued to monitor hazards to U.S. civil aviation in the territory 
and airspace of Somalia and has determined that the risk from terrorist 
and militant activity now makes it unsafe for U.S. civil flights to 
operate in the territory and airspace of Somalia at altitudes below 
FL260. On May 12, 2015, the FAA published NOTAM FDC 5/0120, which 
prohibited all U.S. civil flight operations in the territory and 
airspace of Somalia at altitudes below FL260, due to an unacceptable 
risk to U.S. civil aviation operations at altitudes below FL260 from 
terrorist and militant activity. This NOTAM increased restrictions on 
U.S. civil aviation operations in the territory and airspace of Somalia 
beyond the restrictions contained in SFAR No. 107, which remained in 
effect.
    On November 25, 2015, KICZ NOTAM A0031/15 replaced FDC NOTAM 5/0120 
(A0018/15). The new NOTAM was published as the FAA transitioned from 
using Flight Data Center NOTAMs to the new KICZ accountability code for 
NOTAMS that announce FAA flight advisories or prohibitions for U.S. 
civil aviation operations in airspace for which the FAA is not the air 
navigation service provider. The details of the FAA's flight 
prohibition remained unchanged. This rule incorporates the expanded 
restrictions contained in the NOTAM into SFAR No. 107.
    International civil air routes that transit Somali airspace and 
aircraft operating to and from Somali airports remain at risk from 
terrorist and militant groups potentially employing anti-aircraft 
weapons, including MANPADS, small-arms fire and indirect fire from 
mortars and rockets targeting airports. Some of these weapons have the 
capability to target aircraft upon approach and departure and at higher 
altitudes. The terrorist group al-Shabaab is active in Somalia and has 
demonstrated the capability and intent to target U.S. and Western 
interests. Al-Shabaab has conducted multiple attacks against civil 
aviation, including the previously mentioned attacks on two IL-76 
aircraft in March 2007, likely using MANPADS. These attacks were part 
of the basis for the original SFAR. Al-Shabaab has also conducted 
ground assaults against Mogadishu International Airport (HCMM), the 
most recent of which occurred in December 2014. Attacks against 
aircraft in-flight or Somali airports can occur with little or no 
warning.
    Given the uncertainty about when the above-described hazards to 
U.S. civil aviation will abate sufficiently to allow for safe U.S. 
civil aviation operations in the territory and airspace of Somalia 
below FL260, this amendment follows up on the November 25, 2015, NOTAM 
(KICZ A0031/15) by incorporating the flight prohibition contained in 
the NOTAM into the CFR. This amendment also places SFAR No. 107 in 
subpart M of part 91 in the new 14 CFR 91.1613.
    The FAA will continue to actively evaluate the area to determine to 
what extent U.S. civil aviation may be able to safely operate therein. 
Adjustments to this SFAR may be appropriate if the risk to aviation 
safety and security changes. The FAA may amend or rescind this SFAR, as 
necessary, prior to its expiration date.
    Additionally, the FAA is amending the approval process and approval 
conditions for SFAR No. 107, Sec.  91.1613. The FAA believes that it 
has provided more streamlined approval processes for other U.S. 
government departments, agencies, and instrumentalities in more recent 
flight prohibition SFARs than the current SFAR No. 107 approval process 
would allow, and that an approval process similar to those adopted for 
recent SFARs may be instituted for SFAR No. 107, Sec.  91.1613, while 
still addressing the risks to U.S. civil aviation in the territory and 
airspace of Somalia below FL260. The FAA is also

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clarifying its expectations regarding requests for approval and 
revising the approval conditions that will apply to operations 
authorized by other U.S. Government departments, agencies, and 
instrumentalities and approved by the FAA to streamline the approval 
conditions along the lines of the approval conditions contained in 
recent flight prohibition SFARs and to reflect the termination of 
statutory authorization for the FAA premium war risk insurance program. 
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. The FAA is also specifying special 
requirements for petitions for exemption from SFAR No. 107, Sec.  
91.1613.
    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.

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

    If a department, agency, or instrumentality of the U.S. Government 
determines that it has a critical need to engage any person covered 
under SFAR No. 107, Sec.  91.1613, including a U.S. air carrier or a 
U.S. commercial operator, to conduct a charter to transport civilian or 
military passengers or cargo or other operations in the territory and 
airspace of Somalia below FL260, that department, agency, or 
instrumentality may request that the FAA approve persons covered under 
SFAR No. 107, Sec.  91.1613, to conduct such operations. An approval 
request must be made directly by the requesting department, agency or 
instrumentality of the U.S. Government to the FAA's Associate 
Administrator for Aviation Safety (AVS-1) in a letter signed by an 
appropriate senior official of the requesting department, agency, or 
instrumentality. Requests for approval submitted to the FAA by anyone 
other than the requesting department, agency, or instrumentality will 
not be accepted and will not be processed. In addition, the senior 
official signing the letter requesting FAA approval on behalf of the 
requesting department, agency, or instrumentality must be sufficiently 
highly placed within his or her organization to demonstrate that the 
senior leadership of the requesting department, agency, or 
instrumentality supports the request for approval and is committed to 
taking all necessary steps to minimize operational risks to the 
proposed flights. The senior official must also be in a position to: 
(1) Attest to the accuracy of all representations made to the FAA in 
the request for approval and (2) ensure that any support from the 
requesting U.S. government department, agency, or instrumentality 
described in the request for approval is in fact brought to bear and is 
maintained over time. Unless justified by exigent circumstances, 
requests for approval must be submitted to the FAA no less than 30 
calendar days before the date on which the requesting department, 
agency, or instrumentality wishes the proposed operations, if approved 
by the FAA, to commence.
    The letter must be sent by the requesting department, agency, or 
instrumentality to the Associate Administrator for Aviation Safety 
(AVS-1), Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591. Electronic submissions are acceptable, and the 
requesting entity may request that the FAA notify it electronically as 
to whether the approval request is granted. If a requestor wishes to 
make an electronic submission to the FAA, the requestor should contact 
the Air Transportation Division, Flight Standards Service, at (202) 
267-8166 to obtain the appropriate email address. A single letter may 
request approval from the FAA for multiple persons covered under SFAR 
No. 107, Sec.  91.1613, and/or for multiple flight operations. To the 
extent known, the letter must identify the person(s) covered under the 
SFAR on whose behalf the U.S. Government department, agency, or 
instrumentality is seeking FAA approval, and it must describe--
     The proposed operation(s), including the nature of the 
mission being supported;
     The service to be provided by the person(s) covered by the 
SFAR;
     To the extent known, the specific locations in the 
territory and airspace of Somalia below FL260 where the proposed 
operation(s) will be conducted, including, but not limited to, the 
flight path and altitude of the aircraft while it is operating in the 
territory and airspace of Somalia at altitudes below FL260 and the 
airports, airfields and/or landing zones at which the aircraft will 
take-off and land; and
     The method by which the department, agency, or 
instrumentality will provide, or how the operator will otherwise 
obtain, current threat information and an explanation of how the 
operator will integrate this information into all phases of the 
proposed operations (e.g., pre-mission planning and briefing, in-
flight, and post-flight).
    The request for approval must also include a list of operators with 
whom the U.S. Government department, agency, or instrumentality 
requesting FAA approval has a current contract(s), grant(s), or 
cooperative agreement(s) (or with whom its prime contractor has a 
subcontract(s)) for specific flight operations in the territory and 
airspace of Somalia at altitudes below FL260. Additional operators may 
be identified to the FAA at any time after the FAA approval is issued. 
However, all additional operators must be identified to, and obtain an 
Operations Specification (OpSpec) or Letter of Authorization (LOA), as 
appropriate, from, the FAA for operations in the territory and airspace 
of Somalia at altitudes below FL260 before such operators commence such 
operations. The revised approval conditions discussed below will apply 
to any such additional operators. Updated lists should be sent to the 
email address to be obtained from the Air Transportation Division by 
calling (202) 267-8166.
    If an approval request includes classified information, requestors 
may contact Aviation Safety Inspector Michael Filippell 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. 107, Sec.  91.1613, 
does not relieve persons subject to this SFAR of their responsibility 
to comply with all applicable FAA rules and regulations. Operators of 
civil aircraft must also comply with the conditions of their 
certificate, OpSpecs, and LOAs, as applicable. Operators must further 
comply with all rules and regulations of other U.S. Government 
departments and agencies that may apply to the proposed operations, 
including, but not limited to, the Transportation Security Regulations 
issued by the Transportation Security Administration, Department of 
Homeland Security.

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Revised Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety 
Organization (AVS) will send an approval letter to the requesting 
department, agency, or instrumentality informing it that the FAA's 
approval is subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions 
that limit, to the greatest degree possible, the risk to the operator, 
while still allowing the operator to achieve its operational 
objectives.
    (2) Before any approval takes effect, the operator must submit to 
the FAA:
    (a) A written release of the U.S. Government from all damages, 
claims, and liabilities, including without limitation legal fees and 
expenses; and
    (b) the operator's agreement to indemnify the U.S. Government with 
respect to any and all third-party damages, claims, and liabilities, 
including without limitation legal fees and expenses, relating to any 
event arising from or related to the approved operations in the 
territory and airspace of Somalia below FL260.
    (3) Other conditions that the FAA may specify, including those that 
may be imposed in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator 
from raising a claim under an applicable non-premium war risk insurance 
policy issued by the FAA under chapter 443 of title 49, United States 
Code.
    If the proposed operation or operations are approved, the FAA will 
issue an OpSpec or an LOA, as applicable, to the operator authorizing 
the operation or operations, and will notify the department, agency, or 
instrumentality that requested the FAA's approval of any additional 
conditions beyond those contained in the approval letter. The 
requesting department, agency, or instrumentality must have a contract, 
grant, or cooperative agreement (or its prime contractor must have a 
subcontract) with the person(s) described in paragraph (a) of this SFAR 
No. 107, Sec.  91.1613 (formerly paragraph 1 of SFAR No. 107), on whose 
behalf the department, agency, or instrumentality requests FAA 
approval.

VI. Requests for Exemption

    Any operations not conducted under an approval issued by the FAA 
through the approval process set forth previously must be conducted 
under an exemption from SFAR No. 107, Sec.  91.1613. A request by any 
person covered under SFAR No. 107, Sec.  91.1613, 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, at a minimum, the 
requestor must describe in its submission to the FAA--
     The proposed operation(s), including the nature of the 
operation;
     The service to be provided by the person(s) covered by the 
SFAR;
     The specific locations in the territory and airspace of 
Somalia below FL260 where the proposed operation(s) will be conducted, 
including, but not limited to, the flight path and altitude of the 
aircraft while it is operating in the territory and airspace of Somalia 
below FL260 and the airports, airfields and/or landing zones at which 
the aircraft will take-off and land; and
     The method by which the operator will obtain current 
threat information, and an explanation of how the operator will 
integrate this information into all phases of its proposed operations 
(e.g., the pre-mission planning and briefing, in-flight, and post-
flight phases).
    Additionally, the release and agreement to indemnify, as referred 
to above, will be required as a condition of any exemption that may be 
issued under SFAR No. 107, Sec.  91.1613.
    The FAA recognizes that operations that may be affected by SFAR No. 
107, Sec.  91.1613, 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.

VII. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Orders 12866 and 13563 direct that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), 
as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (Pub. L. 96-39), as amended, 19 U.S.C. Chapter 13, 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, the Trade Agreements Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    In conducting these analyses, FAA has determined that 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 will not have a 
significant economic impact on a substantial number of small entities, 
will not create unnecessary obstacles to the foreign commerce of the 
United States, and will not impose an unfunded mandate on State, local, 
or tribal governments, or on the private sector by exceeding the 
threshold identified above.
    Department of Transportation Order 2100.5 prescribes policies and 
procedures for simplification, analysis, and review of regulations. If 
the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits a statement to 
that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the costs and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows.
    Due to the significant hazards to U.S. civil aviation described in 
the Background section of this rule, this rule incorporates into SFAR 
No. 107, Sec.  91.1613, the prohibition of U.S. civil flights in the 
territory and airspace of Somalia at altitudes below FL260 issued by 
the FAA in NOTAM FDC 5/0120 on May 12, 2015, and continued in KICZ 
NOTAM A0031/15, which was issued on November 25, 2015. Before the FAA 
issued the May 12, 2015, NOTAM, the FAA prohibited U.S. civil flights 
in the territory and airspace of Somalia below FL200, rather than below 
FL260. However, flights departing from countries adjacent to Somalia 
whose

[[Page 725]]

climb performance would not permit operation above FL200 prior to 
entering Somali airspace were permitted to operate at altitudes below 
FL200 within Somalia to the extent necessary to permit a climb above 
FL200, subject to the approval of, and in accordance with the 
conditions established by, the appropriate authorities of Somalia.
    The fuel and time costs associated with increasing altitude from 
FL200 to FL260 before overflying Somalia are minimal per flight. Also 
minimal per flight are the fuel and time costs for persons subject to 
SFAR No. 107, Sec.  91.1613, departing from countries adjacent to 
Somalia (Kenya, Ethiopia, Djibouti, and Yemen), who are now required to 
be at altitudes at or above FL260 when entering Somali airspace. In 
addition, given the current hazards to U.S. civil aviation outlined in 
the Background section of this rule, the FAA believes there are very 
few U.S. operators who wish to overfly Somalia at altitudes below 
FL260. Consequently, the FAA estimates the costs of this rule to be 
minimal. These minimal costs are exceeded by the significant benefits 
of avoided deaths or property damage that would result from a U.S. 
operator's aircraft being shot down (or otherwise damaged) due to the 
hazards (described in the Background section of this final rule) to 
U.S. civil aviation in the territory and airspace of Somalia below 
FL260.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-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.
    While there are a substantial number of United States operators who 
are small entities, the number of affected flights is expected to be 
few, and the required change in flight path and altitude would result 
in minimal additional time and operating expense. Therefore, as 
provided in section 605(b), the head of the FAA certifies that this 
rulemaking will not result in a significant economic impact on a 
substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended, 
prohibits Federal agencies from establishing standards or engaging in 
related activities that create unnecessary obstacles to the foreign 
commerce of the United States. Pursuant to this Act, the establishment 
of standards is not considered an unnecessary obstacle to the foreign 
commerce of the United States, so long as the standard has a legitimate 
domestic objective, such as the protection of safety, and does not 
operate in a manner that excludes imports that meet this objective. The 
statute also requires consideration of international standards and, 
where appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the effect of this final rule and determined 
that its purpose is to protect the safety of U.S. civil aviation from a 
hazard outside the U.S. Therefore, the rule is in compliance with the 
Trade Agreements Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155.0 million in lieu of $100 
million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this immediately adopted final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this regulation.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f of this order and involves no 
extraordinary circumstances.
    The FAA has reviewed the implementation of this SFAR and determined 
it is categorically excluded from further environmental review 
according to FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.6f. The FAA has examined possible 
extraordinary circumstances and determined that no such circumstances 
exist. After careful and thorough consideration of the action, the FAA 
finds that this Federal action does not require preparation of an 
Environmental Assessment or Environmental Impact Statement in 
accordance with the requirements of NEPA, Council on Environmental 
Quality (CEQ) regulations, and FAA Order 1050.1F.

VI. 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 would not have a substantial 
direct effect on the States, or the relationship between the Federal 
Government and the States,

[[Page 726]]

or on the distribution of power and responsibilities among the various 
levels of government, and, therefore, would 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 would not be a ``significant 
energy action'' under the executive order and would not be 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.

VII. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
     Searching the Federal eRulemaking Portal (https://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at 
https://www.faa.gov/regulations_policies or
     Accessing the Government Publishing Office's Web page at 
https://www.fdsys.gov.
    Copies may also be obtained by sending a request (identified by 
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) 267-9677. Please 
identify the docket or amendment number of this rulemaking in your 
request.
    Except for classified material, all documents the FAA considered in 
developing this rule, including economic analyses and technical 
reports, may be accessed from the Internet through the Federal 
eRulemaking Portal referenced above.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official, or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the Internet, visit 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, Somalia.

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).

Special Federal Aviation Regulation No. 107--[Removed]

0
2. Remove Special Federal Aviation Regulation No. 107 from part 91.

0
3. Add Sec.  91.1613 to subpart M to read as follows:


Sec.  91.1613  Special Federal Aviation Regulation No. 107--Prohibition 
Against Certain Flights in the Territory and Airspace of Somalia.

    (a) Applicability. This Special Federal Aviation Regulation (SFAR) 
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 when such persons are operating U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except where 
the operator of such aircraft is a foreign air carrier.
    (b) Flight prohibition. Except as provided in paragraphs (c) and 
(d) of this section, no person described in paragraph (a) of this 
section may conduct flight operations in the territory and airspace of 
Somalia at altitudes below Flight Level (FL) 260. Overflights of 
Somalia may be conducted at or above FL260 subject to the approval of, 
and in accordance with the conditions established by, the appropriate 
authorities of Somalia.
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the territory and airspace of Somalia at altitudes below 
FL260, 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) of this section) 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 14 CFR part 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 January 7, 
2018. The FAA may amend, rescind, or extend this SFAR as necessary.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 40101(d)(1),

[[Page 727]]

40105(b)(1)(A), and 44701(a)(5), on December 23, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-33257 Filed 1-6-16; 8:45 am]
 BILLING CODE 4910-13-P