Extension of the Prohibition Against Certain Flights in the Damascus Flight Information Region (FIR) (OSTT), 89294-89300 [2023-28502]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89294-89300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28502]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2017-0768; Amdt. No. 91-348D]
RIN 2120-AL91


Extension of the Prohibition Against Certain Flights in the 
Damascus Flight Information Region (FIR) (OSTT)

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 Damascus Flight Information Region (FIR) (OSTT) 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, for an 
additional five years, from December 30, 2023, until December 30, 2028. 
The FAA finds this action necessary to address significant safety-of-
flight risks to U.S. civil aviation associated with the enduring 
complex conflict in Syria. The FAA also republishes 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 December 27, 2023.

FOR FURTHER INFORMATION CONTACT: Bill Petrak, Flight Standards Service, 
through the Washington Operations Center, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-3203; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This action extends the expiration date of SFAR No. 114, Sec.  
91.1609 of title 14, Code of Federal Regulations (CFR), from December 
30, 2023, to December 30, 2028. SFAR No. 114, Sec.  91.1609, prohibits 
certain flight operations in the Damascus FIR (OSTT) 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 
necessary to address significant safety-of-flight risks to U.S. civil 
aviation in the Damascus FIR (OSTT) associated with the enduring 
complex conflict in Syria. The FAA also republishes the approval 
process and exemption information for this flight prohibition SFAR, 
consistent with other recently published flight prohibition SFARs.

II. Authority and Good Cause

A. 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.

[[Page 89295]]

    The FAA is promulgating this rule 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 that 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 continues to prohibit the persons described in paragraph (a) of SFAR 
No. 114, Sec.  91.1609, from conducting flight operations in the 
Damascus FIR (OSTT) due to the significant safety-of-flight risks to 
U.S. civil flight operations in that airspace, as described in the 
preamble to this final rule.

B. Good Cause for Immediate Adoption

    Section 553(b)(B) of title 5, U.S. Code, authorizes agencies to 
dispense with notice and comment procedures for rules when the agency 
for ``good cause'' finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Also, section 553(d) 
permits agencies, upon a finding of good cause, to issue rules with an 
effective date less than 30 days from the date of publication. In this 
instance, the FAA finds good cause to forgo notice and comment and the 
delayed effective date because they would be impracticable and contrary 
to the public interest.
    Providing notice and the opportunity for the public to comment here 
would be impracticable. The FAA's flight prohibitions, and any 
amendments thereto, need to include appropriate boundaries that reflect 
the agency's 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 or under-restricting U.S. operators' routing options. 
However, the risk environment for U.S. civil aviation in airspace 
managed by other countries with respect to safety of flight is fluid in 
circumstances involving fighting, violent extremist and militant 
activity, or periods of heightened tensions, particularly where weapons 
capable of targeting or otherwise negatively affecting U.S. civil 
aviation are or may be present. This fluidity, and 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. The delay that would be 
occasioned by providing an opportunity to comment on this action would 
significantly increase the risk that the resulting final action would 
not accurately reflect the current risks to U.S. civil aviation 
associated with the situation and thus would not establish boundaries 
for the flight prohibition commensurate with those risks.
    While the FAA sought and responded to public comments, the 
boundaries of the area in which unacceptable risks to the safety of 
U.S. civil aviation existed might change due to: evolving military or 
political circumstances; violent extremist and militant group activity; 
the introduction, removal, or repositioning of more advanced anti-
aircraft weapon systems; or other factors. As a result, if the 
situation improved while the FAA sought and responded to public 
comments, the rule the FAA finalized might be over-restrictive, 
unnecessarily limiting U.S. operators' routing options and potentially 
causing them to incur unnecessary additional fuel and operations-
related costs, as well as potentially causing passengers to incur 
unnecessarily some costs attributed to their time. Conversely, if the 
situation deteriorated while the FAA sought and responded to public 
comments, the rule the FAA finalized might be under-restrictive, 
allowing U.S. civil aviation to continue operating in areas where 
unacceptable risks to their safety had developed. Such an outcome would 
endanger the safety of these aircraft, as well as their passengers and 
crews, exposing them to unacceptable risks of death, injury, and 
property damage that could occur if a U.S. operator's aircraft were 
shot down (or otherwise damaged) while operating in the Damascus FIR 
(OSTT).
    Alternatively, if the FAA made changes to the area in which U.S. 
civil aviation operations would be prohibited between a notice of 
proposed rulemaking and a final rule due to changed conditions, the 
version of the rule the public commented on would no longer reflect the 
FAA's current assessment of the risk environment for U.S. civil 
aviation.
    In addition, seeking comment would be contrary to the public 
interest because some of the rational basis for the rulemaking is based 
upon classified information and controlled unclassified information not 
authorized for public release. In order to meaningfully provide comment 
on a proposal, the public would need access to the basis for the 
agency's decision-making, which the FAA cannot provide. Disclosing 
classified or controlled unclassified information in order to seek 
meaningful comment on the proposal would harm the public interest. 
Accordingly, the FAA meaningfully seeking comment on the proposal is 
contrary to the public interest.
    Therefore, providing notice and the opportunity for comment would 
be impracticable as it would hinder the FAA's ability to maintain 
appropriate flight prohibitions based on up-to-date risk assessments of 
the risks to the safety of U.S. civil aviation operations in airspace 
managed by other countries, and contrary to the public interest, as the 
FAA cannot protect classified and controlled unclassified information 
and meaningfully seek public comment.
    For the same reasons discussed above, the potential safety impacts 
and the need for prompt action on up-to-date information that is not 
public would make delaying the effective date impracticable and 
contrary to the public interest.
    Accordingly, the FAA finds good cause exists to forgo notice and 
comment and any delay in the effective date for this rule.

III. Background

    On December 30, 2020, the FAA amended SFAR No. 114, Sec.  91.1609, 
to extend the expiration date of the flight prohibition for U.S. 
operators and airmen in the Damascus FIR (OSTT) from December 30, 2020, 
to December 30, 2023.\1\ In issuing the 2020 final rule, the FAA 
determined the situation in the Damascus FIR (OSTT) remained hazardous 
for U.S. civil aviation due to a variety of aviation safety risks 
associated with the ongoing conflict in Syria.\2\
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    \1\ Extension of the Prohibition Against Certain Flights in the 
Damascus Flight Information Region (FIR) (OSTT) final rule, 85 FR 
75840, (Nov. 27, 2020).
    \2\ Id. at 75841.
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    In 2020, the FAA determined the presence of third parties 
conducting independent military operations in Syria against pro-Assad 
regime forces, opposition groups, and violent extremist elements 
presented an unacceptable level of risk to U.S. civil aviation 
operations. Third-party airstrikes in Syria often resulted in Syrian 
military air defense responses. Syrian authorities did not adequately 
de-conflict these air defense activities, which included indiscriminate 
surface-to-air missile (SAM) fire, with civil aviation operations in 
the Damascus FIR (OSTT), including, but not limited to, civil flight 
operations in close proximity to international airports in Syria. In 
late February 2020, Syrian air defense activities forced a commercial 
Cham Wings Airbus 320 passenger flight on final approach to Damascus

[[Page 89296]]

International Airport (ICAO code: OSDI) to divert to an alternate 
airfield in Syria.
    The lack of de-confliction of Syrian air defense activity with 
civil air traffic was just one of the risks to U.S. civil aviation 
operations in the Damascus FIR (OSTT) emanating from third-party 
involvement in Syria. Russia, Iran, and the Lebanese terrorist 
organization, Hizballah, all of which are Syrian regime allies, 
continued to conduct military operations in Syria and had deployed 
significant air defense and electronic warfare capabilities, including 
Global Positioning System (GPS) jammers, which presented a risk to U.S. 
civil aviation operations in the Damascus FIR (OSTT). In March 2020, 
Russian, Turkish, and Syrian forces clashed in Idlib Province. During 
these clashes, fighter aircraft and possible SAMs shot down several 
manned and unmanned aircraft.
    In addition to the hazards associated with third-party involvement 
in the Syrian conflict, violent extremist threats to civil aviation 
safety existed in Syria. Terrorist groups, including the Islamic State 
of Iraq and ash-Sham (ISIS) and al-Qaida-aligned entities, possessed or 
had access to a wide array of anti-aircraft weapons that posed a risk 
to civil aviation operations in the Damascus FIR (OSTT). Anti-regime 
forces, violent extremists, and militants had successfully shot down 
multiple military aircraft using man-portable air defense systems 
(MANPADS) during the Syrian conflict. Additionally, various elements 
had successfully targeted military aircraft using advanced anti-tank 
guided missiles (ATGMs). ATGMs primarily pose a risk to civil aircraft 
operating near, or parked at, an airport. Finally, various groups had 
employed unmanned aircraft systems (UAS) to surveil and attack Syrian 
and Syrian-allied fielded forces and airfields.

IV. Discussion of the Final Rule

    The FAA has determined the enduring complex conflict in Syria 
continues to present an unacceptable level of risk for U.S. civil 
aviation safety in the entirety of the Damascus FIR (OSTT) at all 
altitudes. Various third parties, including but not limited to Russia, 
Iran, Turkey, and Israel, continue to conduct uncoordinated military 
operations in Syria, resulting in various risks to U.S. civil aviation 
operations in the Damascus FIR (OSTT). Such military operations include 
tactical crewed aircraft and UAS intelligence collection and strike 
operations, electronic warfare operations, indirect fire attacks, 
missiles, and potential anti-aircraft weapons use that may not be de-
conflicted adequately with civil aviation operations in the Damascus 
FIR (OSTT).
    Recent third-party military operations have resulted in damage and 
operational disruptions at Damascus International Airport (ICAO code: 
OSDI) and Aleppo International Airport (ICAO code: OSAP). In mid 
October 2023, third party attacks resulted in cratering of the runways 
at both Damascus International Airport (OSDI) and at Aleppo 
International Airport (OSAP) resulting in operational disruptions and 
at least one civil aircraft changing its routing out of Syrian 
airspace. Previous attacks on Syrian airports had occurred in early 
January 2023, third-party attacks in Damascus caused damage and 
operational disruptions at Damascus International Airport (OSDI). 
Third-party airstrikes also had targeted Damascus International Airport 
(OSDI) in June and September 2022. In March 2023 and in early May 2023, 
third-party airstrikes on Aleppo International Airport (OSAP) occurred. 
The early May 2023 airstrikes against military targets at the airport 
resulted in a temporary shutdown of airport operations. Past Syrian air 
defense responses to third-party missile attacks and airstrikes in 
Syria have included indiscriminate surface-to-air missile (SAM) fire 
not adequately de-conflicted with civil aviation operations in the 
Damascus FIR (OSTT). Additionally, Russia, Iran, and the Lebanese 
terrorist organization Hizballah, have deployed significant air defense 
and electronic warfare capabilities in Syria, including GPS jammers, 
which also may not be de-conflicted adequately with civil aviation 
operations, further contributing to the inadvertent risks to the safety 
of U.S. civil aviation operations in the Damascus FIR (OSTT). The FAA 
remains concerned about the potential for inadvertent damage to or 
destruction of civil aircraft operating in the Damascus FIR (OSTT) and 
while on the ground at or near targeted locations in Syria.
    In addition to the continued hazards associated with third-party 
involvement in the Syrian conflict, violent extremist threats to civil 
aviation safety continue to exist in the Damascus FIR (OSTT). Anti-
regime forces, violent extremists, and militants have successfully shot 
down multiple crewed military aircraft using man-portable air defense 
systems (MANPADS) during the Syrian conflict, as well as multiple UAS. 
In addition, in early 2023, Iranian-aligned militia groups (IAMGs) 
increased their targeting of U.S. forces in Syria with rockets and 
weaponized UAS, as demonstrated by a January 2023 UAS attack on U.S. 
interests at Al-Tanf and a March 2023 UAS attack on U.S. forces located 
in northeastern Syria. UAS attack operations present increased safety-
of-flight risks to civil aircraft operating at low altitudes in the 
Damascus FIR (OSTT) and at targeted locations in Syria.
    Open-source reporting also indicates that Iran has discussed 
deploying advanced air defense capabilities to Syria, and potentially 
proliferating these capabilities to IAMGs, to counter third-party 
airstrikes in Syria. If confirmed, the proliferation of advanced air 
defense capabilities to IAMGs would likely increase risk concerns for 
U.S. civil aviation in the Damascus FIR (OSTT) due to the potential for 
uncoordinated SAM launches by operators who would likely lack adequate 
training and a complete airspace picture.
    As a result of the significant, continuing, unacceptable risks to 
the safety of U.S. civil aviation operations in the Damascus FIR 
(OSTT), the FAA extends the expiration date of SFAR No. 114, Sec.  
91.1609, from December 30, 2023, until December 30, 2028.
    Further amendments to SFAR No. 114, Sec.  91.1609, might be 
appropriate if the risk to U.S. civil aviation safety and security 
changes. In this regard, the FAA will continue to monitor the situation 
and evaluate the extent to which persons described in paragraph (a) of 
this rule might be able to operate safely in the Damascus FIR (OSTT).
    The FAA also republishes the details concerning the approval and 
exemption processes in Sections V and VI of this preamble, consistent 
with other recently published flight prohibition SFARs, to enable 
interested persons to refer to this final rule for comprehensive 
information about requesting relief from the FAA from the provisions of 
SFAR No. 114, Sec.  91.1609.

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 Damascus FIR (OSTT). If a department, agency, 
or instrumentality of the U.S. Government determines that it has a 
critical need to engage any person described in SFAR No. 114, Sec.  
91.1609, including a U.S. air carrier or commercial operator, to 
transport civilian or military passengers

[[Page 89297]]

or cargo or conduct other operations in the Damascus FIR (OSTT), that 
department, agency, or instrumentality may request the FAA to approve 
persons described in paragraph (a) of SFAR No. 114, Sec.  91.1609, 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.\3\ 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 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 
aviation safety and security 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 operation(s) to commence.
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    \3\ 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 would prohibit their operations 
in the absence of specific FAA authorization.
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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 that the FAA notify it 
electronically as to whether the FAA grants the approval request. If a 
requestor wishes to make an electronic submission to the FAA, the 
requestor should contact the Washington Operations Center by telephone 
at (202) 267-3203 or by email at [email protected] for submission instructions. The 
requestor must not submit its letter requesting FAA approval or related 
supporting documentation to the Washington Operations Center. Rather, 
the Washington Operation Center will refer the requestor to an 
appropriate staff member of the Air Transportation Division, Flight 
Standards Service, for further assistance.
    A single letter may request approval from the FAA for multiple 
persons described in SFAR No. 114, Sec.  91.1609, or for multiple 
flight operations. To the extent known, the letter must identify the 
person(s) the requester expects the SFAR to cover on whose behalf the 
U.S. Government department, agency, or instrumentality seeks FAA 
approval, and it must describe--
    The proposed operation(s), including the nature of the mission 
being supported;
    The service that the person(s) covered by the SFAR will provide;
    To the extent known, the specific locations in the Damascus FIR 
(OSTT) 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 Damascus FIR (OSTT) 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 Damascus FIR (OSTT). The 
requestor may identify additional operators to the FAA at any time 
after the FAA issues its approval. Neither the operators listed in the 
original request, nor any operators the requestor subsequently seeks to 
add to the approval, may commence operations under the approval until 
the FAA issues them an Operations Specification (OpSpec) or Letter of 
Authorization (LOA), as appropriate, for operations in the Damascus FIR 
(OSTT). The approval conditions discussed below apply to all operators, 
whether included in the original list or subsequently added to the 
approval. Requestors should contact the Washington Operations Center by 
telephone at (202) 267-3203 or by email at [email protected] for instructions on how to submit 
the names of additional operators it wishes to add to an existing 
approval to the FAA. The requestor must not submit the names of 
additional operators it wishes to add to an existing approval to the 
Washington Operations Center. Rather, the Washington Operation Center 
will refer the requestor to an appropriate staff member of the Air 
Transportation Division, Flight Standards Service, for further 
assistance.
    If an approval request includes classified information or 
controlled unclassified information not authorized for public release, 
requestors may contact the Washington Operations Center for 
instructions on submitting it to the FAA. The Washington Operations 
Center's contact information appears in the FOR FURTHER INFORMATION 
CONTACT section of this final rule.
    FAA approval of an operation under SFAR No. 114, Sec.  91.1609, 
does not relieve persons subject to this SFAR of the responsibility to 
comply with all other applicable FAA rules and regulations. Operators 
of civil aircraft must comply with the conditions of their 
certificates, 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 Damascus FIR (OSTT); and
    (b) The operator's written agreement to indemnify the U.S. 
Government with respect to any and all third-party

[[Page 89298]]

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 Damascus FIR (OSTT).
    (3) Other conditions the FAA may specify, including those the FAA 
might impose 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 the FAA issues 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, and any operators the requestor subsequently adds to 
the approval, authorizing them to conduct the approved operation(s). In 
addition, as stated in paragraph (3) of this section V.B., the FAA 
notes that it may include additional conditions beyond those contained 
in the approval letter in any OpSpec or LOA associated with a 
particular operator operating under this approval, as necessary in the 
interests of aviation safety. U.S. Government departments, agencies, 
and instrumentalities requesting FAA approval on behalf of entities 
with which they have a contract or subcontract, grant, or cooperative 
agreement should request a copy of the relevant OpSpec or LOA directly 
from the entity with which they have any of the foregoing types of 
arrangements, if desired.

VI. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval the FAA issues 
through the approval process set forth previously may only occur in 
accordance with an exemption from SFAR No. 114, Sec.  91.1609. A 
petition for exemption must comply with 14 CFR part 11. The FAA will 
consider whether exceptional circumstances exist beyond those the 
approval process described in the previous section contemplates. 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(s);
    The service the person(s) covered by the SFAR will provide;
    The specific locations in the Damascus FIR (OSTT) 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 
Damascus FIR (OSTT) 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.
    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 could plan operations that may be 
affected by SFAR No. 114, Sec.  91.1609. 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 in 
accordance with the order of preference set forth in paragraph (c) of 
SFAR No. 114, Sec.  91.1609.
    If a petition for exemption includes information that is sensitive 
for security reasons or proprietary information, requestors may contact 
the Washington Operations Center for instructions on submitting it to 
the FAA. The Washington Operations Center's contact information appears 
in the FOR FURTHER INFORMATION CONTACT section of this final rule. 
Requestors must not submit their petitions for exemption or related 
supporting documentation to the Washington Operations Center. Rather, 
the Washington Operation Center will refer the requestor to the 
appropriate staff member of the Air Transportation Division, Flight 
Standards Service, or the Office of Rulemaking for further assistance.

VII. Severability

    Congress authorized the FAA by statute to promote 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. 49 U.S.C. 44701. Consistent with that mandate, 
the FAA is prohibiting certain persons from conducting flight 
operations in the Damascus FIR (OSTT) due to the continuing hazards to 
the safety of U.S. civil flight operations. The purpose of this rule is 
to operate holistically in addressing a range of hazards and needs in 
the Damascus FIR (OSTT). However, the FAA recognizes that certain 
provisions focus on unique factors. Therefore, the FAA finds that the 
various provisions of this final rule are severable and able to operate 
functionally if severed from each other. In the event a court were to 
invalidate one or more of this final rule's unique provisions, the 
remaining provisions should stand, thus allowing the FAA to continue to 
fulfill its Congressionally authorized role of promoting safe flight of 
civil aircraft in air commerce.

VIII. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review''), direct that each Federal 
agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify the 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act of 1979 (Pub. L. 96-
39) prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. Fourth, the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or Tribal 
Governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted annually for inflation) in any one 
year. The current threshold after adjustment for inflation is $177 
million using the most current (2022) Implicit Price Deflator for the 
Gross Domestic Product. 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 amended by Executive

[[Page 89299]]

Order 14094. As 5 U.S.C. 553 does not require notice and comment for 
this final rule, 5 U.S.C. 603 and 604 do not require regulatory 
flexibility analyses regarding impacts on small entities. 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 action extends the expiration date of the SFAR prohibiting 
certain flight operations in the Damascus FIR (OSTT) for an additional 
five years due to the significant, continuing risks to U.S. civil 
aviation detailed in the preamble of this final rule. The FAA 
acknowledges this flight prohibition might 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 to exceed the costs because it will result in the avoidance 
of risks of fatalities, injuries, and property damage that could occur 
if a U.S. operator's aircraft were shot down (or otherwise damaged) 
while operating in the Damascus FIR (OSTT).

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 5 U.S.C. 553 or any other law 
requires an agency 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 that section or any other law 
requires publication of a general notice of proposed rulemaking. The 
FAA concludes good cause exists to forgo notice and comment and to not 
delay the effective date for this rule. As 5 U.S.C. 553 does not 
require notice and comment in this situation, 5 U.S.C. 603 and 604 
similarly do not require regulatory flexibility analyses.

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 their operations in the Damascus FIR (OSTT), a 
location outside the U.S. Therefore, the rule complies 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 $177 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 
the FAA to consider the impact of paperwork and other information 
collection burdens it imposes on the public. The FAA has determined no 
new requirement for information collection is 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 no ICAO Standards and Recommended Practices correspond to 
this regulation. The FAA finds this action is fully consistent with the 
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure 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 
for U.S. civil aviation. 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 for U.S. civil aviation.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions, 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 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.

IX. 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 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. Therefore, this rule will 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 it is not a 
``significant energy action'' under the Executive order and will not be 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

[[Page 89300]]

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 will have no 
effect on international regulatory cooperation.

X. Additional Information

A. Electronic Access

    Except for classified and controlled unclassified material not 
authorized for public release, 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.
    Those documents may be viewed online at https://www.regulations.gov 
using the docket number listed above. A copy of this rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website 
at https://www.govinfo.gov. A copy may also be found at the FAA's 
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.

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, Syria.

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. Amend Sec.  91.1609 by revising paragraph (e) to read as follows:


Sec.  91.1609  Special Federal Aviation Regulation No. 114--Prohibition 
Against Certain Flights in the Damascus Flight Information Region (FIR) 
(OSTT).

* * * * *
    (e) Expiration. This SFAR will remain in effect until December 30, 
2028. 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).
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2023-28502 Filed 12-26-23; 8:45 am]
BILLING CODE 4910-13-P