81 FR 727 - Prohibition Against Certain Flights in Specified Areas of the Sanaa (OYSC) Flight Information Region (FIR)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 4 (January 7, 2016)

On May 22, 2015, the FAA issued a Notice to Airmen (NOTAM) prohibiting certain flight operations in specified areas of the Sanaa (OYSC) Flight Information Region (FIR) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.- registered aircraft for a foreign air carrier; and operators of U.S.- registered civil aircraft, except when such operators are foreign air carriers. The FAA found this action necessary to address the hazardous situation created by the risks to U.S. civil aviation from ongoing military operations, political instability, violence from competing armed groups, and the continuing terrorism threat from extremist elements associated with the fighting and instability in Yemen. The prohibition contained in the May 22, 2015 NOTAM was continued in a subsequent NOTAM issued on November 25, 2015 that used a new accountability code for NOTAMs that announce FAA flight advisories or prohibitions for U.S. civil aviation operations in airspace for which the FAA is not the air navigation service provider. This action incorporates the flight prohibition contained in the November 25, 2015, NOTAM into the Code of Federal Regulations.

[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Rules and Regulations]
[Pages 727-732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33258]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2015-8672; Amdt. No. 91-340]
RIN 2120-AK72


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

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

ACTION: Final rule.

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SUMMARY: On May 22, 2015, the FAA issued a Notice to Airmen (NOTAM) 
prohibiting certain flight operations in specified areas of the Sanaa 
(OYSC) Flight Information Region (FIR) by all U.S. air carriers; U.S. 
commercial operators; persons exercising the privileges of a U.S. 
airman certificate, except when such persons are operating a U.S.-
registered aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except when such operators are foreign air 
carriers. The FAA found this action necessary to address the hazardous 
situation created by the risks to U.S. civil aviation from ongoing 
military operations, political instability, violence from competing 
armed groups, and the continuing terrorism threat from extremist 
elements associated with the fighting and instability in Yemen. The 
prohibition contained in the May 22, 2015 NOTAM was continued in a 
subsequent NOTAM issued on November 25, 2015 that used a new 
accountability code for NOTAMs that announce FAA flight advisories or 
prohibitions for U.S. civil aviation operations in airspace for which 
the FAA is not the air navigation service provider. This action 
incorporates the flight prohibition contained in the November 25, 2015, 
NOTAM into the Code of Federal Regulations.

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

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Michael Filippell, Air Transportation Division, 
AFS-220, Flight Standards Service, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone 202-267-8166; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    This action prohibits flight operations in the Sanaa (OYSC) FIR, 
excluding that airspace east and southeast of a line drawn direct from 
KAPET (163322N 0530614E) to NODMA (152603N 0533359E), then direct from 
NODMA to PAKER (115500N 0463500E), by all U.S. air carriers; U.S. 
commercial operators; persons exercising the privileges of a U.S. 
airman certificate, except when such persons are operating a U.S.-
registered aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except when such operators are foreign air 
carriers. The FAA finds this action necessary to prevent a hazard to 
persons and aircraft engaged in such flight operations.

II. Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of title 5, U.S. Code, authorizes agencies to 
dispense with notice and comment procedures for rules when the agency 
for ``good cause'' finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' In this instance, 
the FAA finds that notice and public comment to this immediately 
adopted final rule, as well as any delay in the effective date of this 
rule, are contrary to the public interest due to the immediate need to 
address the hazard to U.S. civil aviation that now exists in specified 
areas of the Sanaa (OYSC) FIR, as described in the Background section 
of this rule.

III. Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the U.S. and the 
safety of U.S. civil operators, U.S.-registered civil aircraft, and 
U.S.-certificated airmen throughout the world. The FAA's authority to 
issue rules on aviation safety is found in title 49, U.S. Code. 
Subtitle I, section 106(f), describes the authority of the FAA 
Administrator. Subtitle VII of title 49, Aviation Programs, describes 
in more detail the scope of the agency's authority. Section 40101(d)(1) 
provides that the Administrator shall consider in the public interest, 
among other matters, assigning, maintaining, and enhancing safety an 
security as the highest priorities in air commerce. Section 
40105(b)(1)(A) requires the Administrator to exercise his authority 
consistently with the obligations of the U.S. Government under 
international agreements.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, subpart III, section 44701, General requirements. 
Under that section, the FAA is charged broadly with promoting safe 
flight of civil aircraft in air commere by prescribing, among other 
things, regulations and minimum standards for practices, methods, and 
procedures that the Administrator finds necessary for safety in air 
commerce an national security. This regulation is within the scope of 
that authority, because it prohibits the persons subject to paragraph 
(a) of Special Federal Aviation Regulation (SFAR) No. 115, Sec.  
91.1611, from conducting flight operations in the Sanaa (OYSC) FIR due 
to the hazard to the safety of such persons' flight operations, as 
described in the Background section of this rule.

IV. Background

    On March 26, 2015 (FDC 5/8051), the FAA issued a NOTAM prohibiting 
flight operations in the entire Sanaa (OYSC) FIR by all U.S. air 
carriers; U.S. commercial operators; persons exercising the privileges 
of a U.S. airman certificate, except when such persons were operating a 
U.S.-registered aircraft for a foreign air carrier; and operators of 
U.S.-registered civil aircraft, except when such operators were foreign 
air carriers. The FAA took this action because it had determined that 
there was an unacceptable risk to U.S. civil aviation operating in the 
Sanaa (OYSC) FIR due to the hazardous situation faced by U.S. civil 
aviation from ongoing military operations, political instability, 
violence from competing armed groups, and the continuing terrorism 
threat from extremist elements associated with the fighting and 
instability in Yemen.
    After issuing the March 26, 2015, NOTAM, the FAA continued to 
monitor the risks to U.S. civil aviation in the Sanaa (OYSC) FIR. On 
May 22, 2015, after evaluating available information regarding the 
safety of certain air traffic routes over the high seas in the Sanaa 
(OYSC) FIR, including B400, B403 and B404, given current military 
operations and other threats to U.S. civil aviation in the region, the 
FAA determined that U.S. civil aviation operations could operate safely 
in part of the Sanaa (OYSC) FIR. The FAA issued a new NOTAM (FDC 5/
5575), which allowed U.S. civil aviation operations to resume in 
specified areas of the Sanaa (OYSC) FIR. Specifically, the May 22, 
2015, NOTAM permitted U.S. civil aviation operations to resume in the 
Sanaa (OYSC) FIR in that airspace east and southeast of a line drawn 
direct from

[[Page 728]]

KAPET (163322N 0530614E) to NODMA (152603N 0533359E), then direct from 
NODMA to PAKER (115500N 0463500E). However, the FAA continued to have 
serious concerns about the safety of U.S. civil aviation in the rest of 
the Sanaa (OYSC) FIR, as described in the remaining paragraphs of this 
Background section, and U.S. civil aviation operations in that airspace 
west and northwest of the line described in the preceding sentence 
remained prohibited.
    On November 25, 2015, KICZ NOTAM A0036/15 replaced FDC NOTAM 5/5575 
(A0019/15). The new NOTAM was published as the FAA transitioned from 
using Flight Data Center NOTAMs to the new KICZ accountability code for 
NOTAMS that announce FAA flight advisories or prohibitions for U.S. 
civil aviation operations in airspace for which the FAA is not the air 
navigation service provider. The details of the FAA's flight 
prohibition remained unchanged. This final rule incorporates the 
prohibition contained in the November 25, 2015, NOTAM into the Code of 
Federal Regulations.
    The FAA has determined that there is an unacceptable risk to U.S. 
civil aviation operating in the Sanaa (OYSC) FIR, excluding that 
airspace east and southeast of a line drawn direct from KAPET (163322N 
0530614E) to NODMA (152603N 0533359E), then direct from NODMA to PAKER 
(115500N 0463500E), due to the hazardous situation faced by U.S. civil 
aviation from ongoing military operations, political instability, 
violence from competing armed groups, and the continuing terrorism 
threat from extremist elements associated with the fighting and 
instability in Yemen.
    International civil air routes that transit the specified areas of 
the Sanaa (OYSC) FIR and aircraft operating to and from Yemeni airports 
are at risk from terrorist and militant groups potentially employing 
anti-aircraft weapons, including Man-Portable Air Defense Systems 
(MANPADS), surface-to-air missiles (SAMs), small-arms fire, and 
indirect fire from mortars and rockets. Due to the fighting and 
instability, there is a risk of possible loss of state control over 
more advanced anti-aircraft weapons to terrorist and militant groups, 
and some of these weapons have the capability to target aircraft at 
higher altitudes and/or during approach and departure and have weapon 
ranges that could extend into the near off-shore areas along Yemen's 
coastline. U.S. civil aviation is also at risk from combat operations 
and other military-related activity associated with the fighting and 
instability. There is also an ongoing threat of terrorism. Al-Qa'ida in 
the Arabian Peninsula (AQAP) is active in Yemen and has demonstrated 
the capability and intent to target U.S. and Western aviation 
interests.
    Attacks against aircraft in flight or Yemeni airports can occur 
with little or no warning. Various Yemeni airports have been attacked 
during the fighting, including Sanaa International Airport (OYSN) and 
Aden International Airport (OYAA), resulting in damage to airport 
facilities and temporary closure of the airports. In recent years, 
Sanaa International Airport (OYSN) has been shut down on numerous 
occasions due to indirect fire and threats of attack against the 
airport and aircraft at low altitudes during approach and/or departure.
    There is also a risk to U.S. civil aviation from potential 
strategic SAM systems. Some of these air defense SAMs pose a threat to 
civil aviation out to 40 nautical miles and can reach altitudes above 
the normal cruising levels for civil air traffic. On March 28, 2015, a 
probable SAM missile was launched from the vicinity of Al Hudaydah, 
Yemen along the Red Sea.
    Given the uncertainty about when the above-described hazards to 
U.S. civil aviation will abate sufficiently to allow for safe U.S. 
civil aviation operations in the specified areas of the Sanaa (OYSC) 
FIR, this new SFAR follows up on the November 25, 2015, NOTAM and 
incorporates the flight prohibition contained in the November 25, 2015, 
NOTAM into the Code of Federal Regulations.
    The FAA will continue to actively evaluate the area to determine to 
what extent U.S. civil aviation may be able to safely operate therein. 
Adjustments to this SFAR may be appropriate if the risk to aviation 
safety and security changes. The FAA may amend or rescind this SFAR as 
necessary prior to its expiration date.
    Because the circumstances described herein warrant immediate action 
by the FAA, I find that notice and public comment under 5 U.S.C. 
553(b)(3)(B) are impracticable and contrary to the public interest. 
Further, I find that good cause exists under 5 U.S.C. 553(d) for making 
this rule effective immediately upon issuance. I also find that this 
action is fully consistent with the obligation under 49 U.S.C. 40105 to 
ensure that I exercise my duties consistently with the obligations of 
the United States under international agreements.

V. Approval Based on Authorization Request of an Agency of the United 
States Government

    If a department, agency, or instrumentality of the U.S. Government 
determines that it has a critical need to engage any person covered 
under SFAR No. 115, Sec.  91.1611, including a U.S. air carrier or a 
U.S. commercial operator, to conduct a charter to transport civilian or 
military passengers or cargo or other operations in the specified areas 
of the Sanaa (OYSC) FIR, that department, agency, or instrumentality 
may request that the FAA approve persons covered under SFAR No. 115, 
Sec.  91.1611, to conduct such operations. An approval request must be 
made directly by the requesting department, agency, or instrumentality 
of the U.S. Government to the FAA's Associate Administrator for 
Aviation Safety (AVS-1) in a letter signed by an appropriate senior 
official of the requesting department, agency, or instrumentality. 
Requests for approval submitted to the FAA by anyone other than the 
requesting department, agency, or instrumentality will not be accepted 
and will not be processed. In addition, the senior official signing the 
letter requesting FAA approval on behalf of the requesting department, 
agency, or instrumentality must be sufficiently highly placed within 
his or her organization to demonstrate that the senior leadership of 
the requesting department, agency, or instrumentality supports the 
request for approval and is committed to taking all necessary steps to 
minimize operational risks to the proposed flights. The senior official 
must also be in a position to: (1) Attest to the accuracy of all 
representations made to the FAA in the request for approval and (2) 
ensure that any support from the requesting U.S. government department, 
agency, or instrumentality described in the request for approval is in 
fact brought to bear and is maintained over time. Unless justified by 
exigent circumstances, requests for approval must be submitted to the 
FAA no less than 30 calendar days before the date on which the 
requesting department, agency, or instrumentality wishes the proposed 
operations, if approved by the FAA, to commence.
    The letter must be sent by the requesting department, agency, or 
instrumentality to the Associate Administrator for Aviation Safety 
(AVS-1), Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591. Electronic submissions are acceptable, and the 
requesting entity may request that the FAA notify it electronically as

[[Page 729]]

to whether the approval request is granted. If a requestor wishes to 
make an electronic submission to the FAA, the requestor should contact 
the Air Transportation Division, Flight Standards Service, at (202) 
267-8166 to obtain the appropriate email address. A single letter may 
request approval from the FAA for multiple persons covered under SFAR 
No. 115, Sec.  91.1611, and/or for multiple flight operations. To the 
extent known, the letter must identify the person(s) covered under the 
SFAR on whose behalf the U.S. Government department, agency, or 
instrumentality seeks FAA approval, and it must describe--
     The proposed operation(s), including the nature of the 
mission being supported;
     The service to be provided by the person(s) covered by the 
SFAR;
     To the extent known, the specific locations in the 
specified areas of the Sanaa (OYSC) FIR where the proposed operation(s) 
will be conducted, including, but not limited to, the flight path and 
altitude of the aircraft while operating in the specified areas of the 
Sanaa (OYSC) FIR and the airports, airfields and/or landing zones at 
which the aircraft will take-off and land; and
     The method by which the department, agency, or 
instrumentality will provide, or how the operator will otherwise 
obtain, current threat information and an explanation of how the 
operator will integrate this information into all phases of the 
proposed operations (e.g., pre-mission planning and briefing, in-
flight, and post-flight).
    The request for approval must also include a list of operators with 
whom the U.S. Government department, agency, or instrumentality 
requesting FAA approval has a current contract(s), grant(s), or 
cooperative agreement(s) (or with whom its prime contractor has a 
subcontract(s)) for specific flight operations in the specified areas 
of the Sanaa (OYSC) FIR. Additional operators may be identified to the 
FAA at any time after the FAA approval is issued. However, all 
additional operators must be identified to the FAA, and must obtain the 
necessary operations specification (OpsSpec) or letter of authorization 
(LOA), as applicable, from the FAA, before such operators commence 
operations in the specified areas of the Sanaa (OYSC) FIR. Updated 
lists should be sent to the email address to be obtained from the Air 
Transportation Division by calling (202) 267-8166.
    If an approval request includes classified information, requestors 
may contact Aviation Safety Inspector Michael Filippell for 
instructions on submitting it to the FAA. His contact information is 
listed in the For Further Information Contact section of this final 
rule.
    FAA approval of an operation under SFAR No. 115, Sec.  91.1611, 
does not relieve persons subject to this SFAR of their responsibility 
to comply with all applicable FAA rules and regulations. Operators of 
civil aircraft must also comply with the conditions of their 
certificate, OpsSpecs, and LOAs, as applicable. Operators must further 
comply with all rules and regulations of other U.S. Government 
departments and agencies that may apply to the proposed operation, 
including, but not limited to, the Transportation Security Regulations 
issued by the Transportation Security Administration, Department of 
Homeland Security.

Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety 
Organization (AVS) will send an approval letter to the requesting 
department, agency, or instrumentality informing it that the FAA's 
approval is subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions 
that limit, to the greatest degree possible, the risk to the operator, 
while still allowing the operator to achieve its operational 
objectives.
    (2) Before any approval takes effect, the operator must submit to 
the FAA:
    (a) A written release of the U.S. Government from all damages, 
claims, and liabilities, including without limitation legal fees and 
expenses, and
    (b) The operator's agreement to indemnify the U.S. Government with 
respect to any and all third-party damages, claims, and liabilities, 
including without limitation legal fees and expenses, relating to any 
event arising from or related to the approved operations in the 
specified areas of the Sanaa (OYSC) FIR; and
    (3) Other conditions that the FAA may specify, including those that 
may be imposed in OpsSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator 
from raising a claim under an applicable non-premium war risk insurance 
policy issued by the FAA under chapter 443 of title 49, United States 
Code.
    If the proposed operation or operations are approved, the FAA will 
issue an OpsSpec or an LOA, as applicable, to the operator authorizing 
the operation or operations, and will notify the department, agency, or 
instrumentality that requested the FAA's approval of any additional 
conditions beyond those contained in the approval letter. The 
requesting department, agency, or instrumentality must have a contract, 
grant, or cooperative agreement (or its prime contractor must have a 
subcontract) with the person(s) described in paragraph (a) of this SFAR 
No. 115, Sec.  91.1611, on whose behalf the department, agency, or 
instrumentality requests FAA approval.

VI. Requests for Exemption

    Any operations not conducted under the approval process set forth 
previously must be conducted under an exemption from SFAR No. 115, 
Sec.  91.1611. A request by any person covered under SFAR No. 115, 
Sec.  91.1611, for an exemption must comply with 14 CFR part 11, and 
will require exceptional circumstances beyond those contemplated by the 
approval process set forth previously. In addition to the information 
required by 14 CFR 11.81, at a minimum, the requestor must describe in 
its submission to the FAA--
     The proposed operation(s), including the nature of the 
operation;
     The service to be provided by the person(s) covered by the 
SFAR;
     The specific locations in the specified areas of the Sanaa 
(OYSC) FIR where the proposed operation(s) will be conducted, 
including, but not limited to, the flight path and altitude of the 
aircraft while operating in the specified areas of the Sanaa FIR and 
the airports, airfields and/or landing zones at which the aircraft will 
take-off and land; and
     The method by which the operator will obtain current 
threat information, and an explanation of how the operator will 
integrate this information into all phases of its proposed operations 
(e.g., the pre-mission planning and briefing, in-flight, and post-
flight phases).
    Additionally, the release and agreement to indemnify, as referred 
to above, will be required as a condition of any exemption that may be 
issued under SFAR No. 115, Sec.  91.1611.
    The FAA recognizes that operations that may be affected by SFAR No. 
115, Sec.  91.1611, may be planned for the governments of other 
countries with the support of the U.S. Government. While these 
operations will not be permitted through the approval process, the FAA 
will process exemption requests for such operations on an expedited 
basis and prior to any private exemption requests.

VII. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses.

[[Page 730]]

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 amended, 19 U.S.C. Chapter 13, 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, the Trade Agreements Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies 
to prepare a written assessment of the costs, benefits, and other 
effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with a base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation (DOT) Order 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits a statement to 
that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    This SFAR No. 115, Sec.  91.1611, prohibits flight operations by 
persons described in paragraph (a) in the specified areas of the Sanaa 
(OYSC) FIR due to the significant hazards to civil aviation described 
in the Background section of this rule. This regulation incorporates 
into the Code of Federal Regulations the prohibition on flight 
operations issued by the FAA in FDC NOTAM 5/5575 on May 22, 2015, and 
continued in KICZ NOTAM A0036/15, which was issued on November 25, 
2015. An FAA review, conducted in April 2015, of 56 part 121, 121/135, 
135, 125, 125M, and 91K operators that held an OpsSpec B450 for Yemen, 
with 49 responding, found just four operators that had overflown Yemen 
since January 1, 2015; two of the four operators overflew Yemen just 
once. None of the responding operators had flown into or out of Yemen 
since January 1, 2015. A search of FAA and Bureau of Transportation 
Statistics (BTS) operations records in May 2015 showed no additional 
activity by U.S. civil operators in the Sanaa (OYSC) FIR. Moreover, 
under this final rule, a U.S. Government department, agency, or 
instrumentality may apply on an operator's behalf for FAA approval to 
conduct operations under a contract or subcontract, grant, or 
cooperative agreement with that department, agency, or instrumentality. 
Accordingly, the FAA believes the incremental costs of this final rule 
will be minimal. These minimal costs will be exceeded by the benefits 
of avoiding the deaths or property damage that could result from a U.S. 
operator's aircraft being shot down (or otherwise damaged) while 
operating in the specified areas of the Sanaa (OYSC) FIR.
    In conducting these analyses, FAA has determined that this final 
rule is a ``significant regulatory action,'' as defined in section 3(f) 
of Executive Order 12866, because it raises novel policy issues 
contemplated under that executive order. The rule is also 
``significant'' as defined in DOT's Regulatory Policies and Procedures. 
The final rule will not have a significant economic impact on a 
substantial number of small entities, will not create unnecessary 
obstacles to international trade and will not impose an unfunded 
mandate on State, local, or tribal governments, or on the private 
sector.

B. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, ``RFA''), 5 
U.S.C. 601 et seq., establishes ``as a principle of regulatory issuance 
that agencies shall endeavor, consistent with the objectives of the 
rule and of applicable statutes, to fit regulatory and informational 
requirements to the scale of the businesses, organizations, and 
governmental jurisdictions subject to regulation. To achieve this 
principle, agencies are required to solicit and consider flexible 
regulatory proposals and to explain the rationale for their actions to 
assure that such proposals are given serious consideration.'' The RFA 
covers a wide range of small entities, including small businesses, not-
for-profit organizations, and small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    Based on the above-referenced FAA review and additional FAA check 
of FAA and BTS operations records, the FAA finds the rule will impose 
no more than minimal costs. Therefore, as provided in section 605(b), 
the head of the FAA certifies that this rulemaking will not result in a 
significant economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

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

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155.0 million in lieu of $100 
million.

[[Page 731]]

    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 policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this regulation.

G. Environmental Analysis

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

VIII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this immediately adopted final rule under the 
principles and criteria of Executive Order 13132, Federalism. The 
agency has determined that this action would not have a substantial 
direct effect on the States, or the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, and, 
therefore, would not have Federalism implications.

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

    The FAA analyzed this immediately adopted final rule under 
Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use (May 18, 
2001). The agency has determined that this rule 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.

IX. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at 
http://www.faa.gov/regulations_policies; or
     Accessing the Government Publishing Office's Web page at 
http://www.fdsys.gov.
    Copies may also be obtained by sending a request (identified by 
amendment or docket number of this rulemaking) to the Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue 
SW., Washington, DC 20591, or by calling (202) 267-9677.
    Except for classified material, all documents the FAA considered in 
developing this rule, including economic analyses and technical 
reports, may be accessed from the Internet through the Federal 
eRulemaking Portal referenced above.

B. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Freight, Yemen.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the 
Convention on International Civil Aviation (61 Stat. 1180), (126 
Stat. 11).


0
2. In part 91, subpart M, add Sec.  91.1611 to read as follows:


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

    (a) Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to the following persons:
    (1) All U.S. air carriers and U.S. commercial operators;
    (2) All persons exercising the privileges of an airman certificate 
issued by the FAA, except when such persons are operating U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except where 
the operator of such aircraft is a foreign air carrier.
    (b) Flight prohibition. Except as provided in paragraphs (c) and 
(d) of

[[Page 732]]

this section, no person described in paragraph (a) of this section may 
conduct flight operations in the Sanaa (OYSC) Flight Information Region 
(FIR), excluding that airspace east and southeast of a line drawn 
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), then 
direct from NODMA to PAKER (115500N 0463500E).
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the Sanaa (OYSC) FIR in that airspace west and northwest 
of a line drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 
0533359E), then direct from NODMA to PAKER (115500N 0463500E), 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 subject to paragraph (a)), with the approval of the FAA, or 
under an exemption issued by the FAA. The FAA will process requests for 
approval or exemption in a timely manner, with the order of preference 
being: first, for those operations in support of U.S. government-
sponsored activities; second, for those operations in support of 
government-sponsored activities of a foreign country with the support 
of a U.S. government department, agency, or instrumentality; and third, 
for all other operations.
    (d) Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this section to the extent required by 
that emergency. Except for U.S. air carriers and commercial operators 
that are subject to the requirements of 14 CFR part 119, 121, 125, or 
135, each person who deviates from this section must, within 10 days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office (FSDO) a 
complete report of the operations of the aircraft involved in the 
deviation, including a description of the deviation and the reasons for 
it.
    (e) Expiration. This SFAR will remain in effect until January 7, 
2018. The FAA may amend, rescind, or extend this SFAR as necessary.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on December 
24, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-33258 Filed 1-6-16; 8:45 am]
BILLING CODE 4910-13-P