Amendment of the Prohibition Against Certain Flights in Specified Areas of the Sanaa (OYSC) Flight Information Region, 58722-58728 [2017-26903]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58722-58728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26903]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2015-8672; Amdt. No. 91-340A]
RIN 2120-AL27


Amendment of the Prohibition Against Certain Flights in Specified 
Areas of the Sanaa (OYSC) Flight Information Region

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

ACTION: Final rule.

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SUMMARY: This action amends the Special Federal Aviation Regulation 
(SFAR) that prohibits certain flights in specified areas of the Sanaa 
(OYSC) Flight Information Region (FIR) by all: United States (U.S.) air 
carriers; U.S. commercial operators; 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 
operators of U.S.-registered civil aircraft, except where the operator 
of such aircraft is a foreign air carrier. There has been a reduction 
in the level of risk to U.S. civil aviation operations in limited 
portions of the specified areas of the Sanaa (OYSC) Flight Information 
region (FIR) where the FAA had prohibited flight operations under the 
SFAR. As a result, the FAA is reducing the amount of airspace in the 
Sanaa (OYSC) FIR in which U.S. civil aviation operations are 
prohibited. However, there continues to be an unacceptable level of 
risk to U.S. civil aviation operations in the remainder of the 
specified areas of the Sanaa (OYSC) FIR, as described in this rule, 
resulting from terrorist and militant activity. Consequently, the FAA 
is also amending this SFAR to extend its expiration date. The FAA is 
also republishing, with minor revisions, the approval process and 
exemption information for this SFAR.

DATES: This final rule is effective on December 14, 2017.

FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-
8166; email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    This action amends the prohibition of flight operations in 
specified areas of the Sanaa (OYSC) FIR by all: U.S. air carriers; U.S. 
commercial operators; 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 operators of 
U.S.-registered civil aircraft, except where the operator of such 
aircraft is a foreign air carrier. Due to a reduction in the level of 
risk to U.S. civil aviation operating in limited portions of the 
specified areas of the Sanaa (OYSC) FIR where the FAA had prohibited 
U.S. civil aviation operations under SFAR No. 115, title 14 Code of 
Federal Regulations (CFR) 91.1611, this action amends SFAR No. 115, 
Sec.  91.1611, to reduce the amount of airspace in the Sanaa (OYSC) FIR 
in which U.S. civil aviation operations are prohibited. Specifically, 
the FAA is revising SFAR No. 115, Sec.  91.1611, to prohibit U.S. civil 
aviation operations in the Sanaa (OYSC) FIR, except that airspace east 
of a line drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 
0533359E), southeast of a line drawn direct from NODMA to ORBAT 
(140638N 0503924E) then from ORBAT to PAKER (115500N 0463500E), south 
of a line drawn direct from PAKER to PARIM (123142N 0432712E), and west 
of a line drawn direct from PARIM to RIBOK (154700N 0415230E). However, 
there continues to be an unacceptable level of risk to U.S. civil 
aviation operations in the remainder the specified areas of the Sanaa 
(OYSC) FIR, as described in this rule, resulting from terrorist and 
militant activity. Consequently, the FAA is also amending this SFAR to 
extend its expiration date until January 7, 2020. The FAA finds this 
action necessary due to continued hazards to U.S. civil aviation 
operations in these areas.

II. Legal Authority and Good Cause

A. Legal Authority

    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, sections 106(f) and (g), describe the authority of the FAA 
Administrator. Subtitle VII of title 49, Aviation Programs, describes 
in more detail the scope of the agency's authority. Section 40101(d)(1) 
provides that the Administrator shall consider in the public interest, 
among other matters, assigning, maintaining, and enhancing

[[Page 58723]]

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 FAA's authority under the 
statutes cited previously, because it continues to prohibit the persons 
described in paragraph (a) of SFAR No. 115, Sec.  91.1611, from 
conducting flight operations in specified areas of the Sanaa (OYSC) FIR 
due to the continued hazards to the safety of such persons' flight 
operations, as described in the Background section of this final rule.

B. Good Cause for Immediate Adoption

    Title 5 U.S.C. 553(b)(3)(B) 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.'' Section 553(d) also authorizes 
agencies to forgo the delay in the effective date of the final rule for 
good cause found and published with the rule. In this instance, the FAA 
finds good cause to forgo notice and comment, because notice and 
comment would be impracticable and contrary to the public interest. To 
the extent that the rule is based upon classified information, such 
information is not permitted to be shared with the general public. 
Also, threats to U.S. civil aviation and intelligence regarding these 
threats are fluid. As a result, the agency's original proposal could 
become unsuitable for minimizing the hazards to U.S. civil aviation in 
the affected airspace during or after the notice and comment process. 
The FAA further finds an immediate need to address the continued hazard 
to U.S. civil aviation that exists in specified areas of the Sanaa 
(OYSC) FIR from terrorist and militant activity. This hazard is further 
described in the Background section of this rule. Finally, it is 
contrary to the public interest to delay this change in the boundaries 
of the SFAR to permit U.S. civil aviation operations on two jet routes 
that were previously prohibited, thereby potentially reducing travel 
time and costs.
    For the reasons described previously, the FAA finds good cause to 
forgo notice and comment and any delay in the effective date for this 
rule. The FAA also finds that this action is fully consistent with the 
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that the FAA 
exercises its duties consistently with the obligations of the United 
States under international agreements.

III. Background

    On January 7, 2016, the FAA published a final rule to prohibit U.S. 
civil aviation operations in specified areas of the Sanaa (OYSC) FIR, 
excluding that airspace east and southeast of a line drawn direct from 
KAPET (163322N 0530614E) to NODMA (152603N 0533359E), then direct from 
NODMA to PAKER (115500N 0463500E), due to the hazardous situation faced 
by U.S. civil aviation from ongoing military operations, political 
instability, violence from competing armed groups, and the continuing 
terrorism threat from extremist elements associated with the fighting 
and instability in Yemen. 81 FR 727.
    In taking that action, the FAA determined that international civil 
air routes that transit the specified areas of the Sanaa (OYSC) FIR and 
aircraft operating to and from Yemeni airports were at risk from 
terrorist and militant groups potentially employing anti-aircraft 
weapons, including Man-Portable Air Defense Systems (MANPADS), surface-
to-air missiles (SAMs), small-arms fire, and indirect fire from mortars 
and rockets. Due to the fighting and instability, as of January 2016, 
the FAA stated that there was a risk of possible loss of state control 
over more advanced anti-aircraft weapons to terrorist and militant 
groups. Some of the weapons that the FAA was concerned about have the 
capability to target aircraft at higher altitudes and/or during 
approach and departure and have weapon ranges that could extend into 
the near off-shore areas along Yemen's coastline.
    In the January 2016 final rule, the FAA also indicated that U.S. 
civil aviation was at risk from combat operations and other military-
related activity associated with the fighting and instability and that 
there was an ongoing threat of terrorism. Al-Qa'ida in the Arabian 
Peninsula (AQAP) remained active in Yemen and had demonstrated the 
capability and intent to target U.S. and Western aviation interests. 
Various Yemeni airports had been attacked during the fighting, 
including Sanaa International Airport (OYSN) and Aden International 
Airport (OYAA), resulting in instances of damage to airport facilities 
and temporary closure of the airports.
    Additionally, in the January 2016 final rule, the FAA assessed that 
there was a risk to U.S. civil aviation from potential strategic SAM 
systems. Some of these strategic air defense SAMs, at that time, posed 
a potential threat to civil aviation. On March 28, 2015, a probable SAM 
missile was launched from the vicinity of Al Hudaydah, Yemen, along the 
Red Sea. Collectively, the hazards previously described led the FAA to 
publish SFAR No. 115, Sec.  91.1611, on January 7, 2016.
    Over the last two years, the situation in Yemen has slightly 
improved, as a coalition of Yemeni government forces, supporting 
nations, and allied militia elements have successfully limited the area 
of opposition force control and reduced some of the opposition force 
weapon capabilities. Opposition elements in Yemen do not currently 
possess functional medium-/long-range strategic SAM capabilities. As a 
result, there is a reduced level of risk to U.S. civil aviation 
operations on certain international air routes that transit offshore 
areas of the Sanaa (OYSC) FIR. The FAA has determined that the risk to 
U.S. civil aviation in limited areas of the Sanaa (OYSC) FIR, including 
these international air routes, has been sufficiently reduced to allow 
the FAA to shrink the boundaries of its prohibition of U.S. civil 
aviation operations in specified areas of the Sanaa (OYSC) FIR.
    Specifically, the FAA is revising SFAR No. 115, Sec.  91.1611, to 
prohibit flight operations in the Sanaa (OYSC) FIR, excluding that 
airspace east of a line drawn direct from KAPET (163322N 0530614E) to 
NODMA (152603N 0533359E), southeast of a line drawn direct from NODMA 
to ORBAT (140638N 0503924E) then from ORBAT to PAKER (115500N 
0463500E), south of a line drawn direct from PAKER to PARIM (123142N 
0432712E), and west of a line drawn direct from PARIM to RIBOK (154700N 
0415230E). This change will permit U.S. operators to use two jet 
routes, UT702 and M999, that they were previously prohibited from using 
under SFAR No. 115, Sec.  91.1611. The FAA emphasizes that use of jet 
route UN303 remains prohibited.
    Opposition forces and terrorist elements continue to operate in 
various locations with either ongoing fighting or the potential for 
combat operations to occur with little or no warning. Opposition and 
terrorist elements, such as AQAP and the Islamic State of Iraq and ash 
Sham (ISIS) in Yemen, possess

[[Page 58724]]

a variety of anti-aircraft weapons, to include MANPADS and possible 
SAMs, which pose an ongoing risk to U.S. civil aviation in Yemeni 
territory occupied by or influenced by those elements and in the 
specified areas of the Sanaa (OYSC) FIR within the revised SFAR 
boundaries described in this rule.
    Therefore, as a result of the significant continuing risk to the 
safety of U.S. civil aviation in specified areas of the Sanaa (OYSC) 
FIR, with the revised boundaries previously described, the FAA also 
amends SFAR No. 115, Sec.  91.1611, to extend its expiration date from 
January 7, 2018, to January 7, 2020, to maintain the prohibition on 
flight operations in those areas by all: U.S. air carriers; U.S. 
commercial operators; 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 operators of 
U.S.-registered civil aircraft, except where the operator of such 
aircraft is a foreign air carrier.
    The FAA will continue to actively monitor the situation and 
evaluate the extent to which U.S. civil operators may be able to safely 
operate in specified areas of the Sanaa (OYSC) FIR, with the revised 
boundaries previously described, in the future. Further amendments to 
SFAR No. 115, Sec.  91.1611, may be appropriate if the risk to aviation 
safety and security changes. The FAA may amend or rescind SFAR No. 115, 
Sec.  91.1611, as necessary, prior to its expiration date.
    The FAA also republishes, with minor revisions, the approval 
process and exemption information for this SFAR, so that persons 
described in paragraph (a) of the rule will be able to refer to this 
final rule, rather than having to search through previous final rules 
to find the relevant approval process and exemption information. This 
approval process and exemption information is consistent with other 
similar SFARs and recent agency practice.

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

    If a department, agency, or instrumentality of the U.S. Government 
determines that it has a critical need to engage any person covered 
under SFAR No. 115, Sec.  91.1611, 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 specified 
areas of the Sanaa (OYSC) FIR, that department, agency, or 
instrumentality may request that the FAA approve persons covered under 
SFAR No. 115, Sec.  91.1611, 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 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 the 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, 
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. 115, Sec.  91.1611, 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 
specified areas of the Sanaa (OYSC) FIR where the proposed operation(s) 
will be conducted, including, but not limited to, the flight path and 
altitude of the aircraft while it is operating in the specified areas 
of the Sanaa (OYSC) FIR and the airports, airfields and/or landing 
zones at which the aircraft will take-off and land; and
     The method by which the department, agency, or 
instrumentality will provide, or how the operator will otherwise 
obtain, current threat information and an explanation of how the 
operator will integrate this information into all phases of the 
proposed operations (e.g., the pre-mission planning and briefing, in-
flight, and post-flight phases).
    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 specified areas 
of the Sanaa (OYSC) FIR. Additional operators may be identified to the 
FAA at any time after the FAA approval is issued. However, all 
additional operators must be identified to, and obtain an Operations 
Specification (OpSpec) or Letter of Authorization (LOA), as 
appropriate, from the FAA for operations in the specified areas of the 
Sanaa (OYSC) FIR, before such operators commence such operations. The 
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. 115, Sec.  91.1611, 
does not relieve persons subject to this SFAR of their responsibility 
to comply with all other 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

[[Page 58725]]

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.

Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety 
Organization 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, relating to any event arising out of or related to the 
approved operations in the specified areas of the Sanaa (OYSC) FIR; 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 out of or related to the approved operations in the 
specified areas of the Sanaa (OYSC) FIR.
    (3) Other conditions that the FAA may specify, including those that 
may be imposed in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator 
from raising a claim under an applicable non-premium war risk insurance 
policy issued by the FAA under chapter 443 of title 49, United States 
Code.
    If the proposed operation(s) is approved, the FAA will issue an 
OpSpec or an LOA, as applicable, to the operator(s) identified in the 
original request authorizing them to conduct the approved operation(s), 
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. 115, Sec.  91.1611, on 
whose behalf the department, agency, or instrumentality requests FAA 
approval.

V. 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. 115, Sec.  91.1611. A request by any 
person covered under SFAR No. 115, Sec.  91.1611, 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 specified areas of the Sanaa 
(OYSC) FIR where the proposed operation(s) will be conducted, 
including, but not limited to, the flight path and altitude of the 
aircraft while it is operating in the specified areas of the Sanaa 
(OYSC) FIR and the airports, airfields and/or landing zones at which 
the aircraft will take-off and land;
     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); and
     The plans and procedures that the operator will use to 
minimize the risks, identified in the Background section of this rule, 
to the proposed operations, so that granting the exemption would not 
adversely affect safety or would provide a level of safety at least 
equal to that provided by this SFAR. The FAA has found comprehensive, 
organized plans and procedures of this nature to be helpful in 
facilitating the agency's safety evaluation of petitions for exemption 
from other flight prohibition SFARs.
    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. 115, Sec.  91.1611.
    The FAA recognizes that operations that may be affected by SFAR No. 
115, Sec.  91.1611, 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.

VI. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Orders 12866 and 13563 direct that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), 
as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act of 1979 (Pub. L. 96-39), 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, the 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 previously.

A. Regulatory Evaluation

    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

[[Page 58726]]

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 extends the prohibition 
against U.S. civil flights in specified areas of the Sanaa (OYSC) FIR, 
as described in this rule. Since there has been a reduction in the 
level of risk to U.S. civil aviation operations in limited portions of 
the specified areas of the Sanaa (OYSC) FIR in which the FAA had 
previously prohibited such operations, this action amends SFAR No. 115, 
Sec.  91.1611, to reduce the amount of airspace in which U.S. civil 
flight operations are prohibited. This change will permit U.S. 
operators to use two jet routes that they were previously prohibited 
from using under SFAR No. 115, Sec.  91.1611: UT702 and M999.
    The FAA believes there are very few U.S. operators who wish to 
operate in the specified areas of the Sanaa (OYSC) FIR where U.S. civil 
aviation operations will continue to be prohibited. The FAA has not 
received any requests for approval or exemption to conduct flight 
operations in the specified areas of the Sanaa (OYSC) FIR covered by 
this regulation. Consequently, the FAA estimates the costs of this rule 
to be minimal. These minimal costs are exceeded by the benefits of 
avoided deaths, injuries, and property damage that could 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. In 
addition, allowing U.S. civil aviation to use the M999 and UT702 routes 
will benefit U.S. operators who regularly transit the Middle East area, 
since they will no longer be required to use less direct routes. This 
change may reduce flight times and certain operating expenses, such as 
fuel, resulting in potential cost savings for affected U.S. operators. 
Consequently, the FAA estimates that the benefits of this rule will 
exceed the costs.

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. As discussed 
above, the FAA estimates the costs of this rule to be minimal. 
Moreover, few, if any, operators will be affected by this rule, as the 
FAA believes that most operators do not wish to operate in specified 
areas of the Sanaa (OYSC) FIR in which U.S. civil flight operations 
will continue to be prohibited, due to the hazards described in the 
Background section of this rule. Additionally, this rule will allow 
U.S. civil aviation to use the M999 and UT702 routes, and, to that 
extent, it may benefit small U.S. operators if they regularly transit 
the Middle East area, since they will no longer be required to use less 
direct routes. This change may reduce flight times and certain 
operating expenses, such as fuel, resulting in potential cost savings 
for affected small U.S. operators.
    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) 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 to their operations in specified areas of the Sanaa (OYSC) FIR, 
a location 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 final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA's 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

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions (44 FR 1957, 
January 4, 1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 
12114 requires the FAA to be informed of environmental considerations 
and take those considerations into account when

[[Page 58727]]

making decisions on major Federal actions that could have environmental 
impacts anywhere beyond the borders of the United States. The FAA has 
determined that this action is exempt pursuant to Section 2-5(a)(i) of 
Executive Order 12114, because it does not have the potential for a 
significant effect on the environment outside the United States.
    In accordance with FAA Order 1050.1F, ``Environmental Impacts: 
Policies and Procedures,'' paragraph 8-6(c), FAA has prepared a 
memorandum for the record stating the reason(s) for this determination; 
this memorandum has been placed in the docket for this rulemaking.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would 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, would not have 
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this 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.

D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This rule is not subject to the requirements of E.O. 13771 (82 FR 
9339, February 3, 2017) because it is issued with respect to a national 
security function of the United States.

VIII. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of 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 section 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, Yemen.

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, Pub. L. 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
2. Revise Sec.  91.1611 to read as follows:


Sec.  91.1611  Special Federal Aviation Regulation No. 115--Prohibition 
Against Certain Flights in Specified Areas of the Sanaa (OYSC) Flight 
Information Region (FIR).

    (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 Sanaa (OYSC) Flight 
Information Region (FIR), except that airspace east of a line drawn 
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), 
southeast of a line drawn direct from NODMA to ORBAT (140638N 0503924E) 
then from ORBAT to PAKER (115500N 0463500E), south of a line drawn 
direct from PAKER to PARIM (123142N 0432712E), and west of a line drawn 
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UT702 
is authorized; however, use of jet route UN303 is not authorized.
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the Sanaa (OYSC) FIR in that airspace west of a line 
drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), 
northwest of a line drawn direct from NODMA to ORBAT (140638N 0503924E) 
then from ORBAT to PAKER (115500N 0463500E), north of a line drawn 
direct from PAKER to PARIM (123142N 0432712E), and east of a line drawn 
direct from PARIM to RIBOK (154700N 0415230E), provided that such 
flight operations are

[[Page 58728]]

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 subject to 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 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, 
2020. 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) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on 
December 8, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017-26903 Filed 12-13-17; 8:45 am]
BILLING CODE 4910-13-P