Extension of the Prohibition Against Certain Flights in the Territory and Airspace of Somalia, 67665-67671 [2019-26597]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Rules and Regulations]
[Pages 67665-67671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26597]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2007-27602; Amdt. No. 91-339B]
RIN 2120-AL46


Extension of the 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 extends the prohibition against certain flight 
operations in the territory and airspace of Somalia at altitudes below 
Flight Level (FL) 260 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 when the operator of such aircraft is 
a foreign air carrier. The FAA is taking this action because it has 
determined there continues to be an unacceptable risk to U.S. civil 
aviation operating in the territory and airspace of Somalia at 
altitudes below FL260 from terrorist and militant activity. The FAA 
also republishes, with minor revisions, the approval process and 
exemption information for this flight prohibition Special Federal 
Aviation Regulation (SFAR) and makes minor editorial changes to this 
SFAR to clarify prohibited and permitted operations, consistent with 
other recently published flight prohibition SFARs.

DATES: This final rule is effective on December 11, 2019.

FOR FURTHER INFORMATION CONTACT: Dale E. Roberts, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington,

[[Page 67666]]

DC 20591; telephone 202-267-8166; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This action extends the expiration date of SFAR No. 107, title 14 
Code of Federal Regulations (CFR) 91.1613, from January 7, 2020 until 
January 7, 2023. SFAR No. 107 prohibits certain 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 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 when 
the operator of such aircraft is a foreign air carrier. Consistent with 
other recently published flight prohibition SFARS, this action also 
republishes, with minor revisions, the approval process and exemption 
information for this SFAR and makes minor editorial changes to clarify 
prohibited and permitted operations.

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 Administrator's 
authority to issue rules on aviation safety is found in 49 U.S.C. 
106(f) and (g). 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 this authority 
consistently with the obligations of the U.S. Government under 
international agreements.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 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 the Administrator 
finds necessary for safety in air commerce and national security.
    This regulation is within the scope of FAA's authority because it 
continues to prohibit the persons described in paragraph (a) of SFAR 
No. 107, Sec.  91.1613, from conducting flight operations in the 
territory and airspace of Somalia at altitudes below FL260 due to the 
continuing hazards to the safety of U.S. civil flight operations at 
those altitudes, as described in the preamble to this final rule.

B. 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 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 exists to forgo notice and comment 
because notice and comment would be impracticable and contrary to the 
public interest. In addition, it is contrary to the public interest to 
delay the effective date of this flight prohibition SFAR.
    The risk environment for U.S. civil aviation in airspace managed by 
other countries with respect to safety of flight risks posed by weapons 
capable of targeting, or otherwise negatively affecting, U.S. civil 
aviation, as well as other hazards to U.S. civil aviation associated 
with fighting, extremist/militant activity, or heightened tensions, is 
fluid. This fluidity and the need for the FAA to rely upon classified 
information in assessing these risks make seeking notice and comment 
impracticable and contrary to the public interest. With respect to the 
impracticability of notice and comment procedures, the potential for 
rapid changes in the risks to U.S. civil aviation significantly limits 
how far in advance of a new or amended flight prohibition the FAA can 
usefully assess the risk environment. Furthermore, to the extent these 
rules and any amendments to them are based upon classified information, 
the FAA is not legally permitted to share such information with the 
general public, who cannot meaningfully comment on information to which 
they are not legally allowed access.
    Under these conditions, public interest considerations also favor 
not seeking notice and comment for these rules and any amendments to 
them. While there is a public interest in having an opportunity for the 
public to comment on agency action, there is a greater public interest 
in having the FAA's flight prohibitions, and any amendments thereto, 
reflect the agency's most current understanding of the risk environment 
for U.S. civil aviation. This allows the FAA to appropriately protect 
the safety of U.S. operators' aircraft and the lives of their 
passengers and crews without over-restricting U.S. operators' routing 
options. The FAA has identified an ongoing need to maintain the flight 
prohibition for U.S. civil aviation operations in the territory and 
airspace of Somalia at altitudes below FL260 due to continued safety-
of-flight hazards associated with terrorist and militant activity. 
These hazards, which are further described in the preamble to this 
final rule, require that the FAA's flight prohibition for U.S. civil 
aviation operations in the territory and airspace of Somalia at 
altitudes below FL260 continue without interruption.
    Because the final rule makes no changes to the boundaries of an 
existing FAA flight prohibition for U.S. civil aviation operations, it 
is also contrary to the public interest to delay the effective date of 
the rule. Delaying the effective date would not change the compliance 
obligations of U.S. operators and airmen up to January 7, 2020, and, 
depending upon the date on which the final rule is published in the 
Federal Register, could result in a gap in the regulation's 
effectiveness of as many as 30 days between January 7, 2020 and the new 
effective date. Such an outcome would be contrary to the interests of 
U.S. civil aviation safety due to the hazards to U.S. civil flight 
operations in the territory and airspace of Somalia at altitudes below 
FL260.
    For these reasons, the FAA finds good cause exists to forgo notice 
and comment and any delay in the effective date for this rule.

III. Background

    The FAA first issued SFAR No. 107 in 2007, based on aviation safety 
and national security concerns regarding U.S. civil flight operations 
in Somalia, as well as overflights of Somalia below FL200.\1\ The 
terrorist group Al-Shabaab had conducted multiple attacks against civil 
aviation, including attacks on two IL-76 aircraft near Aden Adde 
International Airport (then known as Mogadishu International Airport) 
(HCMM) in March 2007 that likely used man-portable air defense systems 
(MANPADS). These incidents occurred days after unknown individuals 
attacked the airport with mortars, causing minimal damage. 
Consequently, the FAA determined it was neither safe nor in the 
national security interests of the United States for persons subject to

[[Page 67667]]

SFAR No. 107 to overfly Somali territory at altitudes below FL200.
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    \1\ Prohibition Against Certain Flights Within the Territory and 
Airspace of Somalia final rule, 72 FR 16710 (Apr. 5, 2007). The 
final rule was effective March 30, 2007.
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    On January 7, 2016, the FAA expanded its existing prohibition of 
U.S. civil aviation operations in the territory and airspace of 
Somalia, after determining the risk from terrorist and militant 
activity made it unsafe for U.S. civil flights to operate in the 
territory and airspace of Somalia at altitudes below FL260.\2\ The FAA 
determined international civil air routes transiting Somali airspace 
and aircraft operating to and from Somali airports remained at risk due 
to terrorist and militant groups potentially employing anti-aircraft-
capable weapons, including MANPADS, small-arms fire and indirect fire 
from mortars and rockets targeting airports. Some of the weapons about 
which the FAA was concerned have the capability to target aircraft upon 
approach and departure and aircraft at higher altitudes. Al-Shabaab had 
remained active in Somalia and had demonstrated the capability and 
intent to target U.S. and Western interests, including civil aviation. 
Al-Shabaab had also conducted ground assaults against Aden Adde 
International Airport (HCMM), including an attack in December 2014. As 
stated in the January 2016 final rule, in the FAA's view, attacks 
against aircraft in-flight or Somali airports could occur with little 
or no warning. The FAA extended the expiration date of SFAR No. 107, 
Sec.  91.1613, until January 7, 2018.\3\
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    \2\ Prohibition Against Certain Flights in the Territory and 
Airspace of Somalia final rule, 81 FR 721.
    \3\ The January 7, 2016, final rule placed SFAR No. 107 in 
subpart M of part 91, at 14 CFR 91.1613.
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    In December 2017, the FAA, again, extended the expiration date of 
SFAR No. 107, Sec.  91.1613, until January 7, 2020, due to continuing 
hazards to U.S. civil flight operation in the territory and airspace of 
Somalia at altitudes below FL260. In the December 2017 final rule,\4\ 
the FAA found that al-Shabaab had continued to directly target civil 
aviation using additional tactics, including the use of concealed 
improvised explosive devices (IEDs) in an effort to bypass airport 
security screening at Aden Adde International Airport (HCMM) to 
detonate the device onboard an aircraft. This had been demonstrated 
when al-Shabaab claimed responsibility for the onboard detonation of a 
concealed IED on Daallo Airlines Flight 159, which originated from Aden 
Adde International Airport (HCMM) in February 2016. Al-Shabaab had also 
conducted frequent terror attacks in close proximity to the airport and 
had conducted indirect fire attacks targeting facilities within the 
perimeter of the airport. Al-Shabaab had also conducted ground assaults 
against Aden Adde International Airport (HCMM), including the use of a 
vehicle-borne IED in January 2017. Other extremists, including elements 
of the Islamic State of Iraq and ash Sham (ISIS), also operated in 
Somalia and were capable of threatening civil aviation. Therefore, the 
FAA extended the SFAR's expiration date from January 7, 2018, until 
January 7, 2020.
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    \4\ Extension of the Prohibition Against Certain Flights in the 
Territory and Airspace of Somalia final rule, 82 FR 58546 (Dec. 13, 
2017).
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IV. Discussion of the Final Rule

    The FAA continues to assess the situation in the territory and 
airspace of Somalia at altitudes below FL260 as being hazardous for 
U.S. civil aviation operations due to the poor security environment and 
fragile governance structure in Somalia, as well as the threat posed by 
al-Shabaab, an al-Qa'ida-aligned extremist group, and other extremists/
militants. Al-Shabaab has demonstrated an intent and capabilities to 
target civil aviation operations in the territory and airspace of 
Somalia through a variety of means, including the use of an insider to 
smuggle a concealed IED onto a civil aircraft, use of anti-aircraft-
capable weapons, and direct and indirect attacks on Somali airports. 
Al-Shabaab has frequently targeted Aden Adde International Airport 
(HCMM) with attacks using indirect fire, small arms fire and vehicle-
borne IEDs. Al-Shabaab has conducted multiple mortar attacks targeting 
the African Union Mission in Somalia (AMISOM) at Aden Adde 
International Airport (HCMM), and has done so as recently as January 1, 
2019. Al-Shabaab frequently conducts vehicle-borne IED attacks 
targeting Western interests and public venues in Mogadishu, including 
detonating vehicle-borne IEDs near malls (February 2019), hotels 
(November 2018) and near a security check point close to Aden Adde 
International Airport (HCMM) (June 2019). In addition, al-Shabaab is 
assessed to have access to anti-aircraft-capable weapons presenting a 
risk to U.S. civil aviation operations at altitudes below FL260. 
Furthermore, ISIS has a cell trying to gain influence in Somalia, which 
presents another extremist threat to Western interests, including civil 
aviation. ISIS elements in Somalia may have access to anti-aircraft-
capable weapons.
    In February 2019, AMISOM began to draw down its forces, as its 
mandate expires in 2020, and began transferring security 
responsibilities back to Somalia. During the AMISOM drawdown, al-
Shabaab may attempt to exploit vulnerabilities in Somali security and 
increase attacks on remaining AMISOM bases and Western interests. For 
these reasons, the FAA is concerned the risk to U.S. civil aviation 
operations may increase as AMISOM continues its scheduled drawdown.
    Therefore, as a result of the significant continuing risks to the 
safety of U.S. civil aviation in the territory and airspace of Somalia 
at altitudes below FL260, the FAA extends the expiration date of SFAR 
No. 107, Sec.  91.1613, from January 7, 2020 until January 7, 2023. By 
this action, the FAA prohibits 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 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 when the operator 
of such aircraft is a foreign air carrier. While the FAA's flight 
prohibition does not apply to foreign air carriers, DOT codeshare 
authorizations prohibit foreign air carriers from carrying a U.S. 
codeshare partner's code on a flight segment that operates in airspace 
for which the FAA has issued a flight prohibition.
    The FAA will continue to actively monitor the situation and 
evaluate the extent to which U.S. civil operators and airmen may be 
able to operate safely in the territory and airspace of Somalia at 
altitudes below FL260. Amendments to SFAR No. 107, Sec.  91.1613, may 
be appropriate if the risk to aviation safety and security changes. The 
FAA may amend or rescind SFAR No. 107, Sec.  91.1613, as necessary, 
prior to its expiration date.
    By this action, the FAA also makes minor editorial changes to 
clarify the operations that are prohibited and those that are permitted 
and clarify the procedure for considering approval and exemption 
requests. These changes are consistent with other recently published 
flight prohibition SFARs. The FAA also republishes the approval and 
exemption processes in Sections V and VI of this preamble, so 
interested persons will be able to refer to this final rule for 
comprehensive information about requesting relief from the FAA from the 
provisions of SFAR No. 107, Sec.  91.1613.

[[Page 67668]]

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

A. 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 the territory and airspace of Somalia at altitudes 
below FL260. The FAA is clarifying the approval process for SFAR No. 
107, Sec.  91.1613, consistent with other recently published flight 
prohibition SFARs, as previously indicated. If a department, agency, or 
instrumentality of the U.S. Government determines it has a critical 
need to engage any person described in SFAR No. 107, Sec.  91.1613, 
including a U.S. air carrier or commercial operator, to conduct a 
charter to transport civilian or military passengers or cargo, or other 
operations, in the territory and airspace of Somalia at altitudes below 
FL260, that department, agency, or instrumentality may request the FAA 
to approve persons described in 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 in a letter signed by 
an appropriate senior official of the requesting department, agency, or 
instrumentality. The FAA will not accept or consider requests for 
approval from anyone other than the requesting department, agency, or 
instrumentality. In addition, the senior official signing the letter 
requesting FAA approval on behalf of the requesting department, agency, 
or instrumentality must be sufficiently positioned within the 
organization to demonstrate 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 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 to commence.
    The letter must be sent 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 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 described in SFAR 
No. 107, Sec.  91.1613, 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 
territory and airspace of Somalia at altitudes 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 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 (i.e., 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 its prime contractor has a subcontract(s)) 
for specific flight operations in the territory and airspace of Somalia 
at altitudes below FL260. The requestor may identify additional 
operators 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) 
from, the FAA, as appropriate, for operations in the territory and 
airspace of Somalia at altitudes below FL260, before such operators 
commence such operations. The approval conditions discussed below 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 Dale E. Roberts 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 other applicable FAA rules and regulations. 
Operators of civil aircraft must comply with the conditions of their 
certificate, OpSpecs, and LOAs, as applicable. Operators must also 
comply with all rules and regulations of other U.S. Government 
departments or agencies that may apply to the proposed operation(s), 
including, but not limited to, regulations issued by the Transportation 
Security Administration.

B. 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 territory and airspace of Somalia at 
altitudes below FL260; and
    (b) The operator's written 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 at altitudes below 
FL260.

[[Page 67669]]

    (3) Other conditions 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, U.S. Code.
    If the FAA approves the proposed operation(s), the FAA will issue 
an OpSpec or 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.

VI. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval the FAA issues 
through the approval process set forth previously must be conducted 
under an exemption from SFAR No. 107, Sec.  91.1613. A petition for 
exemption must comply with 14 CFR part 11. The FAA will consider 
whether exceptional circumstances exist beyond those contemplated by 
the approval process described in the previous section. 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 at altitudes 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 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 
(i.e., the pre-mission planning and briefing, in-flight, and post-
flight phases); and
     The plans and procedures the operator will use to minimize 
the risks, identified in this preamble, to the proposed operations, to 
establish 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 flight prohibition 
SFARs.
    Additionally, the release and agreement to indemnify, as referred 
to previously, are required as a condition of any exemption that may be 
issued under SFAR No. 107, Sec.  91.1613.
    The FAA recognizes that the operations that SFAR No. 107, Sec.  
91.1613, might affect could include operations planned for the 
governments of other countries with the support of the U.S. Government. 
While the FAA will not permit these operations through the approval 
process, the FAA will consider exemption requests for such operations 
on an expedited basis and prior to any private exemption requests.
    If a petition for exemption includes security-sensitive or 
proprietary information, requestors may contact Aviation Safety 
Inspector Dale E. Roberts for instructions on submitting it to the FAA. 
His contact information is listed in the For Further Information 
Contact section of this final rule.

VII. 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), as codified in 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. This rule is a 
significant regulatory action, as defined in section 3(f) of Executive 
Order 12866, as it raises novel policy issues contemplated under that 
Executive Order. As notice and comment under 5 U.S.C. 553 are not 
required for this final rule, the regulatory flexibility analyses 
described in 5 U.S.C. 603 and 604 regarding impacts on small entities 
are not required. This rule will not create unnecessary obstacles to 
the foreign commerce of the United States. This rule will not impose an 
unfunded mandate on State, local, or tribal governments, or on the 
private sector, by exceeding the threshold identified previously.

A. Regulatory Evaluation

    Due to the significant hazards to U.S. civil aviation described in 
the preamble of this rule, this rule continues to prohibit U.S. civil 
flights in the territory and airspace of Somalia at altitudes below 
FL260. The FAA believes there are very few U.S. operators who wish to 
overfly Somalia at altitudes below FL260 or operate to, from, or within 
Somalia due to the hazards to U.S. civil aviation described in the 
preamble to this final rule. The FAA receives few requests for approval 
or petitions for exemption to conduct flight operations in airspace 
managed by other countries in which the FAA has prohibited U.S. civil 
aviation from flying and expects that this pattern will hold true for 
this rule.
    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) while 
operating in the territory and airspace of Somalia at altitudes below 
FL260.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever an agency is required by 5 U.S.C. 
553, or any other law, to publish a general notice of proposed 
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an 
agency to prepare a final regulatory flexibility analysis when an 
agency issues a final rule under 5 U.S.C. 553, after being required by 
that section or any other law to publish a general notice of proposed 
rulemaking. The FAA found good cause to forgo notice

[[Page 67670]]

and comment and any delay in the effective date for this rule. As 
notice and comment under 5 U.S.C. 553 are not required in this 
situation, the regulatory flexibility analyses described in 5 U.S.C. 
603 and 604 are similarly not required.

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 potential effect of this final rule and 
determined that its purpose is to protect the safety of U.S. civil 
aviation from hazards to their operations in the territory and airspace 
of Somalia at altitudes below FL 260, a location outside the U.S. 
Therefore, the rule is in compliance with the Trade Agreements Act of 
1979.

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 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. The FAA 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.
    While the FAA's flight prohibition does not apply to foreign air 
carriers, DOT codeshare authorizations prohibit foreign air carriers 
from carrying a U.S. codeshare partner's code on a flight segment that 
operates in airspace for which the FAA has issued a flight prohibition. 
In addition, foreign air carriers and other foreign operators may 
choose to avoid, or be advised or directed by their civil aviation 
authorities to avoid, airspace for which the FAA has issued a flight 
prohibition.

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 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.

VIII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this 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 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 Executive Order 
13771 (82 FR 9339, Feb. 3, 2017) because it is issued with respect to a 
national security function of the United States.

IX. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained from 
the internet by--
     Searching the docket for this rulemaking at 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 website at 
https://www.govinfo.gov.
    Copies may also be obtained by sending a request (identified by 
amendment or docket number of this rulemaking) to the Federal Aviation

[[Page 67671]]

Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue 
SW, Washington, DC 20591, or by calling (202) 267-9677.
    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 docket for this 
rulemaking.

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) 
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 persons 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 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 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. In Sec.  91.1613, revise paragraphs (a)(3), (b), (c), and (e) 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) * * *
    (3) All operators of U.S.-registered civil aircraft, except when 
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.
    (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 under the following 
circumstances:
    (1) 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.
    (2) Flight operations may be conducted in the territory and 
airspace of Somalia at altitudes below FL260 if 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 U.S. Government 
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 consider 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.
* * * * *
    (e) Expiration. This SFAR will remain in effect until January 7, 
2023. 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 4, 2019.
Steve Dickson,
Administrator.
[FR Doc. 2019-26597 Filed 12-10-19; 8:45 am]
BILLING CODE 4910-13-P