This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

721 

Vol. 81, No. 4 

Thursday, January 7, 2016 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No.: FAA–2007–27602; Amdt. No. 

91–339] 

RIN 2120–AK75 

Prohibition Against Certain Flights in 

the Territory and Airspace of Somalia 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action amends and 

expands a prohibition against certain 

flights in the territory and airspace of 

Somalia that applies to all United States 

(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 

prohibition is expanded by raising the 

minimum Flight Level (FL) for flight 

operations by such persons from FL200 

to FL260. The FAA is taking this action 

because it has determined that there is 

an unacceptable risk to U.S. civil 

aviation operating in the territory and 

airspace of Somalia at altitudes below 

FL260 resulting from terrorist and 

militant activity. The security situation 

in Somalia remains unstable. In 

response to this activity, the FAA 

published a Notice to Airmen (NOTAM) 

on May 12, 2015, prohibiting U.S. civil 

flight operations in the territory and 

airspace of Somalia at altitudes below 

FL260. The prohibition contained in the 

May 12, 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 amendment incorporates 

the flight prohibition set forth in the 

November 25, 2015 NOTAM into the 

rule; revises the approval process for 

proposed operations sponsored by other 

U.S. Government departments, agencies, 

and instrumentalities to align with the 

approval processes established for other 

recently published flight prohibition 

rules and clarifies the FAA’s 

expectations regarding requests for 

approval; adds information about 

requests for exemption; reorganizes the 

placement of the rule within the General 

Operating and Flight Rules; and makes 

technical corrections to the regulatory 

text. This final rule will remain in effect 

for two years. 

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 michael.e.filippell@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

The FAA has determined that there is 

an unacceptable risk to U.S. civil 

aviation operating in the territory and 

airspace of Somalia at altitudes below 

FL260 resulting from terrorist and 

militant activity, as described in the 

Background section of this rule. This 

action incorporates into Special Federal 

Aviation Regulation (SFAR) No. 107, 

§ 91.1613, the expanded flight 

prohibition for U.S. civil aviation 

detailed in the November 25, 2015, 2015 

NOTAM (KICZ A0031/15). The revised 

prohibition applies to flight operations 

in the territory and airspace of Somalia 

at altitudes below FL260 by all U.S. air 

carriers; U.S. commercial operators; 

persons exercising the privileges of 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. Prior to 

this rulemaking action, SFAR No. 107 

prohibited certain flight operations 

within the territory and airspace of 

Somalia below FL200 (former paragraph 

2 of SFAR No. 107). However, it 

permitted flights departing from 

countries adjacent to Somalia whose 

climb performance would not permit 

them to operate above FL200 prior to 

entering Somali airspace, to operate at 

altitudes below FL200 while operating 

within Somalia to the extent necessary 

to permit them to climb above FL200, 

subject to the approval of, and in 

accordance with the conditions 

established by, the appropriate 

authorities of Somalia (former paragraph 

2(b) of SFAR No. 107). This amendment 

no longer provides such exceptions for 

flights departing from adjacent countries 

and entering Somali airspace below 

FL260. This amendment also reformats 

the rule to meet current Federal 

Register requirements; moves the rule 

from the beginning of part 91 of title 14, 

Code of Federal Regulations (CFR) to 

subpart M of that part; and revises the 

approval process for this SFAR for other 

U.S. Government departments, agencies, 

and instrumentalities to align with the 

approval process established for other 

recently published flight prohibition 

SFARs and clarifies the FAA’s 

expectations regarding requests for 

approvals. It also adds information 

about requests for exemptions and 

makes technical corrections to the 

regulatory text. 

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 hazards 

to U.S. civil aviation that continue to 

exist in the territory and airspace of 

Somalia, 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 for the safety 

of U.S. civil operators, U.S.-registered 

civil aircraft, and U.S.-certificated 


rmajette on DSK2TPTVN1PROD with RULES
722 Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 

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 and security as the highest 

priorities in air commerce. Section 

40105(b)(1)(A) requires the 

Administrator to exercise his authority 

consistently with the obligations of the 

U.S. Government under international 

agreements. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, subpart III, section 

44701, General requirements. Under 

that section, the FAA is charged broadly 

with promoting safe flight of civil 

aircraft in air commerce by prescribing, 

among other things, regulations and 

minimum standards for practices, 

methods, and procedures that the 

Administrator finds necessary for safety 

in air commerce and national security. 

This regulation is within the scope of 

that authority, because it prohibits the 

persons subject to paragraph (a) of 

Special Federal Aviation Regulation 

(SFAR) No. 107, § 91.1613, (formerly 

paragraph 1 of SFAR No. 107) from 

conducting flight operations at altitudes 

below FL 260 in the territory and 

airspace of Somalia due to the hazards 

to the safety of such persons’ flight 

operations, as described in the 

Background section of this rule. 

IV. Background 

The FAA issued SFAR No. 107, 

effective March 30, 2007 (72 FR 16710, 

April 5, 2007), because it had aviation 

safety and national security concerns 

regarding the safety of U.S. civil flight 

operations in Somalia, as well as 

overflights of Somalia below FL200. On 

March 9, 2007, the fuselage of an IL–76 

aircraft supporting the deployment of 

Ugandan peacekeeping forces to 

Somalia exploded and caught fire just 

above the landing gear while on final 

approach to Mogadishu International 

Airport (HCMM). There was evidence to 

support the possibility that the aircraft 

might have been struck by a rocketpropelled grenade (RPG) while 2.5–3 

kilometers off the coast of Somalia at 

approximately 120 meters in altitude. 

The aircraft was able to land at 

Mogadishu, but was heavily damaged, 

although no serious injuries occurred to 

any crew or passengers. While there 

were conflicting accounts regarding the 

cause of the incident, the FAA believed 

at the time that the attack on the IL–76 

was probably caused by an RPG. The 

FAA could not rule out the possibility 

that some individuals also had access to 

man-portable air defense systems 

(MANPADS) that could be used against 

those persons covered by SFAR No. 107. 

In addition, on March 23, 2007, an IL– 

76 aircraft crashed after taking off from 

Mogadishu airport, killing all the 

passengers and crew. The aircraft 

brought engineers and parts to the IL– 

76 crippled in the March 9, 2007, 

incident. Although the cause of the 

crash was under investigation at the 

time SFAR No. 107 was issued, there 

was a possibility the IL–76 was downed 

by a MANPAD or RPG. These incidents 

occurred days after unknown 

individuals attacked the airport at 

Mogadishu with mortars, causing 

minimal damage. Consequently, the 

FAA determined that it was not safe for 

persons subject to SFAR No. 107 to 

overfly Somali territory below FL200 

and that it was not in the United States’ 

national security interests for such 

persons to engage in flight operations 

within the territory and airspace of 

Somalia below that altitude. Subsequent 

review of the IL–76 incidents later 

assessed that both attacks likely 

involved MANPADS. 

The security situation in Somalia 

remains unstable. The FAA has 

continued to monitor hazards to U.S. 

civil aviation in the territory and 

airspace of Somalia and has determined 

that the risk from terrorist and militant 

activity now makes it unsafe for U.S. 

civil flights to operate in the territory 

and airspace of Somalia at altitudes 

below FL260. On May 12, 2015, the 

FAA published NOTAM FDC 5/0120, 

which prohibited all U.S. civil flight 

operations in the territory and airspace 

of Somalia at altitudes below FL260, 

due to an unacceptable risk to U.S. civil 

aviation operations at altitudes below 

FL260 from terrorist and militant 

activity. This NOTAM increased 

restrictions on U.S. civil aviation 

operations in the territory and airspace 

of Somalia beyond the restrictions 

contained in SFAR No. 107, which 

remained in effect. 

On November 25, 2015, KICZ 

NOTAM A0031/15 replaced FDC 

NOTAM 5/0120 (A0018/15). 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 

rule incorporates the expanded 

restrictions contained in the NOTAM 

into SFAR No. 107. 

International civil air routes that 

transit Somali airspace and aircraft 

operating to and from Somali airports 

remain at risk from terrorist and militant 

groups potentially employing antiaircraft weapons, including MANPADS, 

small-arms fire and indirect fire from 

mortars and rockets targeting airports. 

Some of these weapons have the 

capability to target aircraft upon 

approach and departure and at higher 

altitudes. The terrorist group al-Shabaab 

is active in Somalia and has 

demonstrated the capability and intent 

to target U.S. and Western interests. AlShabaab has conducted multiple attacks 

against civil aviation, including the 

previously mentioned attacks on two 

IL–76 aircraft in March 2007, likely 

using MANPADS. These attacks were 

part of the basis for the original SFAR. 

Al-Shabaab has also conducted ground 

assaults against Mogadishu 

International Airport (HCMM), the most 

recent of which occurred in December 

2014. Attacks against aircraft in-flight or 

Somali airports can occur with little or 

no warning. 

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 territory and airspace of Somalia 

below FL260, this amendment follows 

up on the November 25, 2015, NOTAM 

(KICZ A0031/15) by incorporating the 

flight prohibition contained in the 

NOTAM into the CFR. This amendment 

also places SFAR No. 107 in subpart M 

of part 91 in the new 14 CFR 91.1613. 

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. 

Additionally, the FAA is amending 

the approval process and approval 

conditions for SFAR No. 107, § 91.1613. 

The FAA believes that it has provided 

more streamlined approval processes for 

other U.S. government departments, 

agencies, and instrumentalities in more 

recent flight prohibition SFARs than the 

current SFAR No. 107 approval process 

would allow, and that an approval 

process similar to those adopted for 

recent SFARs may be instituted for 

SFAR No. 107, § 91.1613, while still 

addressing the risks to U.S. civil 

aviation in the territory and airspace of 

Somalia below FL260. The FAA is also 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 723 

clarifying its expectations regarding 

requests for approval and revising the 

approval conditions that will apply to 

operations authorized by other U.S. 

Government departments, agencies, and 

instrumentalities and approved by the 

FAA to streamline the approval 

conditions along the lines of the 

approval conditions contained in recent 

flight prohibition SFARs and to reflect 

the termination of statutory 

authorization for the FAA premium war 

risk insurance program. Section 102 of 

Division L of the Consolidated and 

Further Continuing Appropriations Act, 

2015, Public Law 113–235, December 

16, 2014, inter alia, amended 49 U.S.C. 

44302(f) and 44310(a) to specify the 

termination dates in those sections as 

December 11, 2014. The effect was to 

terminate coverage under FAA’s 

premium war risk insurance program as 

of December 11, 2014. The FAA is also 

specifying special requirements for 

petitions for exemption from SFAR No. 

107, § 91.1613. 

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 obligations 

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. Revised Approval Process Based on 

a Request From a Department, Agency, 

or Instrumentality of the United States 

Government 

If a department, agency, or 

instrumentality of the U.S. Government 

determines that it has a critical need to 

engage any person covered under SFAR 

No. 107, § 91.1613, 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 territory and airspace 

of Somalia below FL260, that 

department, agency, or instrumentality 

may request that the FAA approve 

persons covered under SFAR No. 107, 

§ 91.1613, to conduct such operations. 

An approval request must be made 

directly by the requesting department, 

agency or instrumentality of the U.S. 

Government to the FAA’s Associate 

Administrator for Aviation Safety 

(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 

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. 107, § 91.1613, and/or 

for multiple flight operations. To the 

extent known, the letter must identify 

the person(s) covered under the SFAR 

on whose behalf the U.S. Government 

department, agency, or instrumentality 

is seeking FAA approval, and it must 

describe— 

• The proposed operation(s), 

including the nature of the mission 

being supported; 

• The service to be provided by the 

person(s) covered by the SFAR; 

• To the extent known, the specific 

locations in the territory and airspace of 

Somalia below FL260 where the 

proposed operation(s) will be 

conducted, including, but not limited 

to, the flight path and altitude of the 

aircraft while it is operating in the 

territory and airspace of Somalia at 

altitudes below FL260 and the airports, 

airfields 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 territory and airspace 

of Somalia at altitudes below FL260. 

Additional operators may be identified 

to the FAA at any time after the FAA 

approval is issued. However, all 

additional operators must be identified 

to, and obtain an Operations 

Specification (OpSpec) or Letter of 

Authorization (LOA), as appropriate, 

from, the FAA for operations in the 

territory and airspace of Somalia at 

altitudes below FL260 before such 

operators commence such operations. 

The revised approval conditions 

discussed below will apply to any such 

additional operators. Updated lists 

should be sent to the email address to 

be obtained from the Air Transportation 

Division by calling (202) 267–8166. 

If an approval request includes 

classified information, requestors may 

contact Aviation Safety Inspector 

Michael Filippell for instructions on 

submitting it to the FAA. His contact 

information is listed in the FOR FURTHER

INFORMATION CONTACT section of this 

final rule. 

FAA approval of an operation under 

SFAR No. 107, § 91.1613, 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, OpSpecs, 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 

operations, including, but not limited 

to, the Transportation Security 

Regulations issued by the 

Transportation Security Administration, 

Department of Homeland Security. 


rmajette on DSK2TPTVN1PROD with RULES
724 Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 

Revised 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 territory and airspace 

of Somalia below FL260. 

(3) Other conditions that the FAA 

may specify, including those that may 

be imposed in OpSpecs or LOAs, as 

applicable. 

The release and agreement to 

indemnify do not preclude an operator 

from raising a claim under an applicable 

non-premium war risk insurance policy 

issued by the FAA under chapter 443 of 

title 49, United States Code. 

If the proposed operation or 

operations are approved, the FAA will 

issue an OpSpec 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. 107, 

§ 91.1613 (formerly paragraph 1 of 

SFAR No. 107), on whose behalf the 

department, agency, or instrumentality 

requests FAA approval. 

VI. Requests for Exemption 

Any operations not conducted under 

an approval issued by the FAA through 

the approval process set forth 

previously must be conducted under an 

exemption from SFAR No. 107, 

§ 91.1613. A request by any person 

covered under SFAR No. 107, § 91.1613, 

for an exemption must comply with 14 

CFR part 11, and will require 

exceptional circumstances beyond those 

contemplated by the approval process 

set forth above. In addition to the 

information required by 14 CFR 11.81, 

at a minimum, the requestor must 

describe in its submission to the FAA— 

• The proposed operation(s), 

including the nature of the operation; 

• The service to be provided by the 

person(s) covered by the SFAR; 

• The specific locations in the 

territory and airspace of Somalia below 

FL260 where the proposed operation(s) 

will be conducted, including, but not 

limited to, the flight path and altitude 

of the aircraft while it is operating in the 

territory and airspace of Somalia below 

FL260 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. 107, § 91.1613. 

The FAA recognizes that operations 

that may be affected by SFAR No. 107, 

§ 91.1613, including this amendment, 

may be planned for the governments of 

other countries with the support of the 

U.S. Government. While these 

operations will not be permitted 

through the approval process, the FAA 

will process exemption requests for 

such operations on an expedited basis 

and prior to any private exemption 

requests. 

VII. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

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 (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 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, FAA 

has determined that this final rule has 

benefits that justify its costs and is a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, because it raises novel 

policy issues contemplated under that 

Executive Order. The rule is also 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. The 

final rule will not have a significant 

economic impact on a substantial 

number of small entities, will not create 

unnecessary obstacles to the foreign 

commerce of the United States, and will 

not impose an unfunded mandate on 

State, local, or tribal governments, or on 

the private sector by exceeding the 

threshold identified above. 

Department of Transportation Order 

2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits a statement to that effect and 

the basis for it to be included in the 

preamble if a full regulatory evaluation 

of the costs and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows. 

Due to the significant hazards to U.S. 

civil aviation described in the 

Background section of this rule, this 

rule incorporates into SFAR No. 107, 

§ 91.1613, the prohibition of U.S. civil 

flights in the territory and airspace of 

Somalia at altitudes below FL260 issued 

by the FAA in NOTAM FDC 5/0120 on 

May 12, 2015, and continued in KICZ 

NOTAM A0031/15, which was issued 

on November 25, 2015. Before the FAA 

issued the May 12, 2015, NOTAM, the 

FAA prohibited U.S. civil flights in the 

territory and airspace of Somalia below 

FL200, rather than below FL260. 

However, flights departing from 

countries adjacent to Somalia whose 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 725 

climb performance would not permit 

operation above FL200 prior to entering 

Somali airspace were permitted to 

operate at altitudes below FL200 within 

Somalia to the extent necessary to 

permit a climb above FL200, subject to 

the approval of, and in accordance with 

the conditions established by, the 

appropriate authorities of Somalia. 

The fuel and time costs associated 

with increasing altitude from FL200 to 

FL260 before overflying Somalia are 

minimal per flight. Also minimal per 

flight are the fuel and time costs for 

persons subject to SFAR No. 107, 

§ 91.1613, departing from countries 

adjacent to Somalia (Kenya, Ethiopia, 

Djibouti, and Yemen), who are now 

required to be at altitudes at or above 

FL260 when entering Somali airspace. 

In addition, given the current hazards to 

U.S. civil aviation outlined in the 

Background section of this rule, the 

FAA believes there are very few U.S. 

operators who wish to overfly Somalia 

at altitudes below FL260. Consequently, 

the FAA estimates the costs of this rule 

to be minimal. These minimal costs are 

exceeded by the significant benefits of 

avoided deaths or property damage that 

would result from a U.S. operator’s 

aircraft being shot down (or otherwise 

damaged) due to the hazards (described 

in the Background section of this final 

rule) to U.S. civil aviation in the 

territory and airspace of Somalia below 

FL260. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide range of small entities, 

including small businesses, not-forprofit 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. 

While there are a substantial number 

of United States operators who are small 

entities, the number of affected flights is 

expected to be few, and the required 

change in flight path and altitude would 

result in minimal additional time and 

operating expense. 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 the safety of 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. 

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 

immediately adopted 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. 

VI. 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, 


rmajette on DSK2TPTVN1PROD with RULES
726 Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 

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 it would not be a 

‘‘significant energy action’’ under the 

executive order and would not be likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy. 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

(77 FR 26413, May 4, 2012) promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

VII. 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. Please identify 

the docket or amendment number of 

this rulemaking in your request. 

Except for classified material, all 

documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed from the 

Internet through the Federal 

eRulemaking Portal referenced above. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

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, 

Somalia. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 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). 

Special Federal Aviation Regulation 

No. 107—[Removed] 

■ 2. Remove Special Federal Aviation 

Regulation No. 107 from part 91. 

■ 3. Add § 91.1613 to subpart M to read 

as follows: 

§ 91.1613 Special Federal Aviation 

Regulation No. 107—Prohibition Against 

Certain Flights in the Territory and Airspace 

of Somalia. 

(a) Applicability. This Special Federal 

Aviation Regulation (SFAR) applies to 

the following persons: 

(1) All U.S. air carriers and U.S. 

commercial operators; 

(2) All persons exercising the 

privileges of an airman certificate issued 

by the FAA, except when such persons 

are operating U.S.-registered aircraft for 

a foreign air carrier; and 

(3) All operators of U.S.-registered 

civil aircraft, except where the operator 

of such aircraft is a foreign air carrier. 

(b) Flight prohibition. Except as 

provided in paragraphs (c) and (d) of 

this section, no person described in 

paragraph (a) of this section may 

conduct flight operations in the territory 

and airspace of Somalia at altitudes 

below Flight Level (FL) 260. Overflights 

of Somalia may be conducted at or 

above FL260 subject to the approval of, 

and in accordance with the conditions 

established by, the appropriate 

authorities of Somalia. 

(c) Permitted operations. This section 

does not prohibit persons described in 

paragraph (a) of this section from 

conducting flight operations in the 

territory and airspace of Somalia at 

altitudes below FL260, 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 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), 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 727 

40105(b)(1)(A), and 44701(a)(5), on December 

23, 2015. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2015–33257 Filed 1–6–16; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 michael.e.filippell@

faa.gov. 

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, § 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 


rmajette on DSK2TPTVN1PROD with RULES