Prohibition Against Certain Flights in the Tehran Flight Information Region (FIR) (OIIX), 68435-68441 [2020-23721]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68435-68441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23721]



[[Page 68435]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2020-0874; Amdt. No. 91-359]
RIN 2120-AL49


Prohibition Against Certain Flights in the Tehran Flight 
Information Region (FIR) (OIIX)

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

ACTION: Final rule.

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SUMMARY: This action prohibits certain flight operations in the Tehran 
Flight Information Region (FIR) (OIIX) 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 finds this action to be 
necessary to address hazards to persons and aircraft engaged in such 
flight operations due to heightened military activities and increased 
political tensions in the Middle East, which present an inadvertent 
risk to U.S. civil aviation operations due to the potential for 
miscalculation or misidentification. This action incorporates the 
flight prohibition contained in Notice to Airmen (NOTAM) KICZ A0002/20 
into the Code of Federal Regulations (CFR). This action also sets forth 
the approval process and exemption information for this Special Federal 
Aviation Regulation (SFAR), consistent with other recently published 
flight prohibition SFARs.

DATES: This final rule is effective on October 29, 2020.

FOR FURTHER INFORMATION CONTACT: Stephen Moates, 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 prohibits certain flight operations in the Tehran FIR 
(OIIX) 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. 
This action incorporates NOTAM KICZ A0002/20 into title 14 of the CFR. 
Consistent with other recently published flight prohibition SFARs, this 
action provides information about how to seek relief from this SFAR 
through the approval and exemption processes, as applicable.

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. Sections 106(f) and (g) 
of title 49, U.S. Code (U.S.C.), subtitle I, establish the FAA 
Administrator's authority to issue rules on aviation safety. 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.
    The FAA issues flight prohibition NOTAMs for airspace managed by 
other countries pursuant to 49 U.S.C. 40113(a), 44701(a)(5), and 
46105(c). Subsection 46105(c) authorizes the FAA Administrator, when he 
is of the opinion that an emergency exists related to safety in air 
commerce and requires immediate action, to prescribe regulations and 
issue orders immediately to meet the emergency, with or without notice 
and without regard to Part A, Air Commerce and Safety, of Subtitle VII, 
Aviation Programs, of title 49 U.S.C. and subchapter II of chapter 5 of 
title 5, the Administrative Procedure Act. However, subsection 46105(c) 
requires the FAA Administrator to ``begin a proceeding immediately 
about an emergency under this subsection and give preference, when 
practicable, to the proceeding.'' Where there are continuing 
significant hazards to the safety of U.S. civil aviation operations in 
airspace managed by another country, the appropriate follow-up 
proceeding is a rulemaking action to issue a flight prohibition SFAR.
    The FAA is promulgating this rulemaking 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 the FAA's authority 
because it prohibits the persons described in paragraph (a) of SFAR No. 
117, 14 CFR 91.1617, from conducting flight operations in the Tehran 
FIR (OIIX) due to the hazards to the safety of U.S. civil flight 
operations, 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 SFAR.
    The risk environment for U.S. civil aviation in airspace other 
countries manage with respect to safety of flight is fluid due to the 
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 or militant activity, or 
heightened tensions. This fluidity and the need for the FAA to rely 
upon classified information in assessing these risks make issuing 
notice and seeking comments 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 favor not

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providing notice and seeking comment for this rule. 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 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 determined the incorporation into the CFR of the flight 
prohibition for U.S. civil aviation operations in the Tehran FIR (OIIX) 
contained in NOTAM KICZ A0002/20 is necessary due to safety-of-flight 
hazards associated with heightened military activities and increased 
political tensions in the Middle East. These hazards continue to 
present an inadvertent risk to U.S. civil aviation operations resulting 
from the potential for miscalculation or misidentification. This 
preamble further describes these hazards, which tragically resulted in 
the accidental shoot down by Iranian air defense forces of Ukraine 
International Airlines Flight 752 (PS 752) just hours after the FAA 
issued NOTAM KICZ A0002/20.
    In addition to the reasons identified in the forgoing discussion, 
it is also contrary to the public interest to delay the effective date 
of this final rule because it makes no changes to the boundaries of an 
existing FAA flight prohibition for U.S. civil aviation operations. 
Also, delaying the effective date would not change the compliance 
obligations of U.S. operators and airmen, who are already prohibited 
from operating in the Tehran FIR (OIIX) by NOTAM KICZ A0002/20.
    Accordingly, the FAA finds good cause to forgo notice and comment 
and any delay in the effective date for this rule.

III. Background

    Between April 2007 and January 2020, the FAA had flight advisory 
NOTAMs in place for the Tehran FIR (OIIX) due to Iranian military 
capabilities; various military activities occurring in, emanating from, 
or transiting the Tehran FIR (OIIX); and difficulties associated with 
de-conflicting those activities with civil air traffic. In addition, 
Iran had publicly threatened U.S. military operations in the region and 
possessed a wide variety of anti-aircraft-capable weapons, including 
surface-to-air missile systems (SAMs), man-portable air defense systems 
(MANPADS) and fighter aircraft capable of conducting aircraft 
interception operations. Some anti-aircraft-capable weapons had ranges 
encompassing key international air routes over the Persian Gulf and the 
Gulf of Oman. In early 2019, Iran conducted a military exercise in the 
region, demonstrating their unmanned aircraft system (UAS) 
capabilities. The FAA also determined Iran could increase its use of 
Global Positioning System (GPS) jammers and other communication jamming 
capabilities, which might affect U.S. civil aviation operating in the 
Tehran FIR (OIIX) and in overwater airspace over the Persian Gulf and 
the Gulf of Oman.
    After the United States withdrew from the Joint Comprehensive Plan 
for Action (hereinafter, the ``Iran Nuclear Agreement'') in May 2018 
and designated Iran's Islamic Revolutionary Guard Corps (IRGC) as a 
Foreign Terrorist Organization (FTO) in April 2019, Iran began 
posturing military capabilities on its southern coast to project 
strength and influence in the Persian Gulf and Gulf of Oman region. 
Additionally, the United States assessed Iran to have been responsible 
for sabotage attacks on multiple merchant vessels in the region in May 
2019. On June 19, 2019, IRGC elements shot down a U.S. military Global 
Hawk unmanned aircraft operating in airspace over the Gulf of Oman with 
a SAM system. The successful intercept of the unmanned aircraft 
followed a June 13, 2019, failed intercept attempt of a U.S.-operated 
unmanned aircraft conducting observation of damaged oil tankers in the 
Gulf of Oman.
    Although Iran likely had no intention to target civil aircraft, the 
FAA determined the presence and demonstrated use of long-range, 
advanced anti-aircraft-capable weapons during heightened tensions and 
in close proximity to heavily flown international air routes posed an 
unacceptable level of risk to U.S. civil flights in the overwater 
portions of the Tehran FIR (OIIX) above the Persian Gulf and the Gulf 
of Oman. Iran possessed and continues to possess a wide variety of 
anti-aircraft-capable weapons, including SAMs, MANPADs, and fighter 
aircraft capable of conducting aircraft interception operations. Some 
of Iran's anti-aircraft-capable weapons have ranges encompassing 
certain heavily flown international air routes over the Persian Gulf 
and the Gulf of Oman. The FAA was concerned Iranian air defense forces 
might inadvertently engage a civil aircraft due to miscalculation or 
misidentification.
    In response to this unacceptable level of inadvertent risk to U.S. 
civil aviation, the FAA issued NOTAM KICZ A0019/19 on June 21, 2019, 
UTC, to prohibit operations in the overwater area of the Tehran FIR 
(OIIX) above the Persian Gulf and Gulf of Oman 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.

IV. Discussion of the Final Rule

    After issuing NOTAM KICZ A0019/19, the FAA continued to monitor 
regional tensions closely as they further escalated. Iran continued its 
elevated military posturing on its southern coast, projecting air 
defense coverage beyond the boundaries of the Tehran FIR (OIIX). In 
mid-September 2019, the United States assessed Iranian forces to have 
been responsible for conducting a complex attack using UAS and missiles 
to target Saudi Aramco's energy infrastructure. In late-December 2019, 
Iranian-backed Shia militia groups conducted a rocket attack targeting 
U.S. forces located at a coalition base near Kirkuk, Iraq, resulting in 
casualties and precipitating U.S. retaliatory airstrikes on Shia 
militia-associated facilities in Iraq and Syria. This series of events 
further heightened regional tensions.
    On January 2, 2020, UTC, U.S. forces conducted an airstrike near 
Baghdad International Airport (ORBI) in Iraq, which killed IRGC Quds 
Force commander Qassem Soleimani. In a televised address, Iranian 
Supreme Leader Ali Khamenei stated Iran would engage in ``harsh 
retaliation'' for Soleimani's death. On January 7, 2020, UTC Iran 
conducted retaliatory ballistic missile strikes targeting U.S. air 
bases in Iraq. Due to the heightened military activities, including 
heightened alert status of Iranian military forces, including Iranian 
air defense forces, and increased political tensions in the Middle 
East, including the potential for further escalation, the FAA 
determined an unacceptable risk to U.S. civil aviation existed in the 
Baghdad FIR (ORBB), the Tehran FIR (OIIX), and the overwater areas of 
the Persian Gulf and the Gulf of Oman due to the potential for 
miscalculation or misidentification.
    To address these immediate safety-of-flight hazards, on January 7, 
2020, UTC, the FAA issued KICZ NOTAMs A0001/20, A0002/20, and A0003/20, 
which prohibited civil flight operations in the Baghdad FIR (ORBB), the 
Tehran FIR (OIIX), and the overwater airspace above the Persian Gulf 
and the Gulf of Oman, respectively, by: All U.S. air carriers;

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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. This rulemaking action is 
limited in scope to the Tehran FIR (OIIX).
    Tragically, within hours after the FAA issued NOTAM KICZ A0002/20, 
Iranian air defense forces accidentally shot down Ukraine International 
Airlines Flight 752 (PS 752), shortly after its departure from Tehran 
Imam Khomeini International Airport (OIIE). These forces apparently 
misidentified the aircraft, which was conducting a regularly scheduled 
passenger flight, as a missile threat. There were no survivors out of 
the 176 passengers and crew.
    The FAA is also concerned about the wide array of military 
activities occurring in, emanating from, or transiting the Tehran FIR 
(OIIX), in an environment of heightened regional tensions. There is the 
potential for Iranian ballistic missile fire from western Iran 
targeting Islamic State of Iraq and ash-Sham (ISIS) and Kurdish 
opposition groups located in the region, as occurred in September 2018 
and June 2017. Since 2017, Iran has also conducted multiple ballistic 
missile test launches in the Tehran FIR (OIIX), with the latest medium-
range ballistic missile launch taking place in late December 2019. To 
the FAA's knowledge, Iran did not issue a NOTAM or other aeronautical 
information to warn civil aircraft operators of the potential hazard to 
their operations prior to the missile launch. Additionally, a potential 
inadvertent risk to U.S. civil aviation operations in the Tehran FIR 
(OIIX) from Iranian-fielded GPS and communication jammers continues to 
exist. These circumstances further contribute to the unacceptable risk 
environment for U.S. civil aviation in the Tehran FIR (OIIX).
    Codifying the flight prohibition pursuant to this final rule is 
critical for U.S. civil aviation safety, given the uncertainty about 
how long the above-described hazards to civil aviation will persist; 
whether Iran will be transparent in its investigation into the downing 
of PS 752; and whether Iran will implement changes in its air defense 
command and control procedures, airspace de-confliction processes, and 
rules of engagement for air defense engagements to prevent further 
tragedies sufficient to allow for safe U.S. civil aviation operations 
in the Tehran FIR (OIIX). As a result, this new SFAR incorporates the 
flight prohibition contained in the NOTAM KICZ A0002/20 into the CFR.
    The FAA will continue to monitor the situation and evaluate the 
extent to which U.S. civil operators and airmen might be able to 
operate safely in the Tehran FIR (OIIX). Amendments to SFAR No. 117, 
Sec.  91.1617, could be appropriate if the risk to aviation safety and 
security changes. The FAA may amend or rescind SFAR No. 117, Sec.  
91.1617, as necessary, prior to its expiration date.
    The FAA also is publishing the details concerning the approval and 
exemption processes in Sections V and VI of this preamble to enable 
interested persons to refer to this final rule for all relevant 
information about seeking relief from SFAR No. 117, Sec.  91.1617.

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 Tehran FIR (OIIX). 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. 117, Sec.  91.1617, 
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 Tehran FIR (OIIX), that department, agency, or 
instrumentality may request the FAA to approve persons described in 
SFAR No. 117, Sec.  91.1617, to conduct such operations.
    The requesting department, agency, or instrumentality of the U.S. 
Government must submit the request for approval 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.\1\ 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 
operation(s) to commence.
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    \1\ This approval procedure applies to U.S. Government 
departments, agencies, or instrumentalities; it does not apply to 
the public. The FAA describes this procedure in the interest of 
providing transparency with respect to the FAA's process for 
interacting with U.S. Government departments, agencies, or 
instrumentalities that seek to engage U.S. civil aviation to operate 
within the area in which this SFAR prohibits their operations.
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    The requestor must send the request 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. 117, Sec.  91.1617, 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 Tehran 
FIR (OIIX) 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 Tehran FIR (OIIX) 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

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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., 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 Tehran FIR (OIIX). Additional 
operators may be identified to the FAA at any time after the FAA 
approval is issued. Both the operators listed in the original request 
and any operators that the requestor subsequently seeks to add to the 
approval must be identified to the FAA, and obtain an Operations 
Specification (OpSpec) or Letter of Authorization (LOA) from the FAA, 
as appropriate, for operations in the Tehran FIR (OIIX), before such 
operators commence operations. The approval conditions discussed below 
apply to all operators, whether included in the original list or 
subsequently added to the approval. 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 Stephen Moates 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. 117, Sec.  91.1617, 
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 Tehran FIR (OIIX); 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 Tehran FIR (OIIX).
    (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 issued by the FAA 
through the approval process set forth previously must be conducted 
under an exemption from SFAR No. 117, Sec.  91.1617. 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. To determine 
whether a petition for exemption from the prohibition this SFAR 
establishes fulfills the standard of 14 CFR 11.81, the FAA consistently 
finds necessary the following information:
     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 Tehran FIR (OIIX) where the 
proposed operation(s) will occur, including, but not limited to, the 
flight path and altitude of the aircraft while it is operating in the 
Tehran FIR (OIIX) 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 
(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, 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 flight prohibition SFARs.
    The FAA includes, as a condition of each such exemption it issues, 
a release and agreement to indemnify, as described previously.
    The FAA recognizes that, with the support of the U.S. Government, 
the governments of other countries may plan operations that SFAR No. 
117, Sec.  91.1617, affects. 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 other exemption requests.
    If a petition for exemption includes security-sensitive or 
proprietary information, requestors may contact Aviation Safety 
Inspector Stephen Moates 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

[[Page 68439]]

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 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. This rule also complies with the requirements of the Department 
of Transportation's administrative rule on rulemaking at 49 CFR part 5. 
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

    This rule prohibits U.S. civil flights in the Tehran FIR (OIIX) by 
incorporating the flight prohibition contained in NOTAM KICZ A0002/20 
into the CFR as a result of the significant risks to U.S. civil 
aviation detailed in the preamble of this final rule. U.S. Government 
departments, agencies, and instrumentalities may take advantage of the 
approval process on behalf of U.S. operators and airmen with whom they 
have a contract, grant, or cooperative agreement, or with whom their 
prime contractor has a subcontract. U.S. operators and airmen whose 
operations in the Tehran FIR (OIIX) are not conducted under any of the 
foregoing types of arrangements with the U.S. Government may petition 
for exemption from this rule.
    The FAA acknowledges this flight prohibition may result in 
additional costs to some U.S. operators, such as increased fuel costs 
and other operational-related costs. However, the FAA expects the 
benefits of this action exceed the costs because it will result in the 
avoidance of risks of fatalities, injuries, and property damage that 
could result from a U.S. operator's aircraft being shot down (or 
otherwise damaged) while operating in the Tehran FIR (OIIX). The FAA 
will continue to monitor the situation actively.

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 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 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 risks to aircraft operations in the Tehran FIR (OIIX), a 
location outside the U.S. Therefore, this final 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, the FAA's policy is 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

[[Page 68440]]

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 
and has placed it 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. 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, 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, Reducing Regulation and Controlling Regulatory Costs, 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 
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, Iran.

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), 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. Add Sec.  91.1617 to subpart M of part 91 to read as follows:


Sec.  91.1617   Special Federal Aviation Regulation No. 117--
Prohibition Against Certain Flights in the Tehran Flight Information 
Region (FIR) (OIIX).

    (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 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 Tehran Flight Information 
Region (FIR) (OIIX).
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the Tehran FIR (OIIX), 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 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.
    (d) Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the

[[Page 68441]]

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 parts 119, 121, 125, or 135, each person who deviates from 
this section must, within 10 days of the deviation, excluding 
Saturdays, Sundays, and Federal holidays, submit to the responsible 
Flight Standards Office 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 October 31, 
2022. 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 
October 19, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-23721 Filed 10-28-20; 8:45 am]
BILLING CODE 4910-13-P