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[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Proposed Rules]               
[Page 29466-29471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my10-14]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2010-0289; SFAR No. 110]
RIN 2120-AJ69

 
Prohibition Against Certain Flights Within the Territory and 
Airspace of Afghanistan

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would permit certain U.S. civil aircraft 
operations below flight level (FL) 160 within the territory and 
airspace of Afghanistan, when approved by the FAA as provided herein. 
Otherwise, flight operations below FL 160 would be prohibited within 
the territory and airspace of Afghanistan by all U.S. air carriers; 
U.S. commercial operators; persons exercising the privileges of a U.S. 
airman certificate, except when that person is operating a U.S.-
registered

[[Page 29467]]

aircraft for a foreign air carrier; and operators of U.S.-registered 
aircraft, except when such operators are foreign air carriers. The FAA 
finds this action necessary to prevent a potential hazard to persons 
and aircraft engaged in such flight operations.

DATES: Send your comments on or before June 10, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0289, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information you 
provide. Using the search function of the docket Web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time and follow the online 
instructions for accessing the docket or Docket Operations in Room W12-
140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions about this 
proposed rule, contact Aviation Safety Inspectors David Catey or David 
Morton, Air Transportation Division, Flight Standards Service, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; respective telephone numbers are (202) 267-3732 and (202) 493-
5580.
    For legal questions, contact Lorelei Peter, Office of the Chief 
Counsel, AGC-200, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3134.

SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of related rulemaking documents.

Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the United 
States and for the safety of U.S.-registered aircraft and U.S. 
operations throughout the world. Also, the FAA is responsible for 
issuing rules affecting the safety of air commerce and national 
security. The FAA's authority to issue the rules on aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 
106(g), describes the authority of the FAA Administrator. Subtitle VII, 
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 United States Government under international 
agreements. Further, the FAA has broad authority under section 
44701(a)(5) to prescribe regulations governing the practices, methods, 
and procedures the Administrator finds necessary for safety in air 
commerce and national security.

Background

Statement of the Problem

    Insurgent activity in Afghanistan has increased and threatens the 
safety of U.S. civil aircraft operating within Afghan airspace and 
overflying the territory of Afghanistan. This insurgent activity has 
adversely affected the safety of airfield operation for these flights. 
The Afghan insurgents, armed with various weapons, pose a serious 
threat to U.S. civil aircraft at local airports and to these aircraft 
on approach to and departing from these airports. Insurgents with small 
arms fire capabilities have been targeting airfields with rockets and 
have fired on aircraft at these airfields. While U.S. civil aircraft 
have not yet specifically been targeted, there have been several 
reported events of these aircraft being hit by small arms fire. Also, 
foreign civil aircraft that support the North Atlantic Treaty 
Organization (NATO) have been shot down by small arms and rocket-
propelled grenade fire.

General Summary of Proposal

    In view of the threat escalation in the territory and airspace of 
Afghanistan, and in furtherance of the FAA Administrator's 
responsibilities to promote the safe flight of U.S. civil aircraft in 
air commerce and to issue aviation rules in the interest of national 
security of the United States, the Administrator has determined that 
the potential hazard to U.S-registered aircraft and U.S.-certificated 
airman must be mitigated. Therefore, the FAA proposes to issue an SFAR 
to restrict flight below FL 160 within the airspace and territory of 
Afghanistan, except in compliance with the procedures set forth in this 
rule.

Notice and Comment

    The situation in Afghanistan presents a unique environment relative 
to other situations when the FAA has imposed regulations addressing the 
safety of U.S. certificated operators and airmen and U.S. registered 
aircraft operating in foreign territories and airspace. The presence of 
the U.S. military forces in Afghanistan has required a large presence 
of U.S. civilian aircraft operations to support the warfighting, 
nation-building, and humanitarian efforts. The level of these 
operations occurring in Afghanistan warrant the FAA to provide notice 
of the proposed regulations to limit flight in this area and a limited 
opportunity for comment from operators or individuals that may be 
affected by this action. The FAA advises that pursuing this course of 
action with respect to the above flights being conducted in Afghanistan 
does not alter in any manner, the agency's authority or ability to 
impose immediate restrictions on the above operations if the safety of 
these operations cannot be ensured or for other environments for which 
such regulations may be appropriate.
    For the reasons stated, the FAA finds that good cause exists to 
limit the notice and public comment period required by 5 U.S.C. 
553(d)(3) to 15 days.

[[Page 29468]]

Discussion of the Proposed Regulatory Requirements

Prohibition Against Certain Flights Within the Territory and Airspace 
of Afghanistan

    Unless specifically approved by the FAA as described below, SFAR 
110 would prohibit all flight operations within the territory and 
airspace of Afghanistan below FL 160 by U.S. air carriers; U.S. 
commercial operators; persons exercising the privileges of an airman 
certificate issued by the FAA, unless such person is operating a U.S.-
registered aircraft for a foreign air carrier; and operators of a U.S.-
registered aircraft, unless the operation is for a foreign air carrier. 
This SFAR is necessary to mitigate an undue hazard to affected aircraft 
and to protect persons and property onboard those aircraft. This SFAR 
would remain in effect for 5 years from the effective date of the SFAR. 
The FAA would retain the right to amend, rescind, or extend the SFAR as 
necessary. The FAA would continue to monitor the threat level and 
review the SFAR as required and as part of the overall U.S. strategy 
for Afghanistan.

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

    If a department or agency of the U.S. Government determines that it 
has a critical need to engage any person covered under paragraph 1 of 
proposed SFAR 110, including a U.S. air carrier or a U.S. commercial 
operator in a charter for transportation of civilian or military 
passengers or cargo where the total capacity of the aircraft is used 
solely for that charter while the aircraft operates within Afghanistan, 
the U.S. Government department or agency may request FAA approval of 
the operation for the person covered under paragraph 1 (Applicability) 
of the proposed rule.
    Such an approval request would have to be made in writing by a 
letter signed by an appropriate senior official of the requesting 
department or agency of the U.S. Government; and the letter must be 
sent to the Associate Administrator for Aviation Safety (AVS-1), 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591. An appropriate senior official is someone with 
final authority for approving that U.S. Government department or 
agency's Safety Risk Analysis Plan (SRAP), described in item 2 below. A 
single letter may request approval from the FAA for multiple persons 
covered under paragraph 1 (Applicability) of proposed SFAR 110. The 
letter would have to identify the person covered under the SFAR on 
whose behalf the U.S. Government department or agency is seeking FAA 
approval, and it must describe--
     The proposed operations, including the nature of the 
mission being supported;
     The service provided by the person covered by the SFAR;
     The specific locations within Afghanistan where the 
proposed operations will be conducted; and
     Whether the proposed operations involve a landing at a 
point other than the point of departure.
    The request for approval would also have to include the following 
documents and information:
    (1) A copy of the written contract between the U.S. Government 
department or agency requesting FAA approval and persons covered under 
paragraph 1 (Applicability) of proposed SFAR 110 for specific flight 
operations, which includes terms and conditions detailing how such 
flight operations are to be conducted.
    (2) A Safety Risk Analysis Plan (SRAP), approved by an appropriate 
senior official of the U.S. Government department or agency, describing 
how, in view of the threat facing U.S. civil aviation in Afghanistan, 
the risks to the safety of the operation will be managed. The FAA's 
review of the SRAP shall not constitute FAA approval of the plan, in 
that it is not an FAA determination that the SRAP adequately manages 
the risk presented. Different kinds of operations or different 
operating locations may require different risk management strategies 
and, thus, the need for a U.S. Government department or agency to 
submit multiple SRAPs to address different operating conditions. The 
minimum safety considerations that must be specifically addressed in 
the SRAP include, but are not limited to--
     Thorough descriptions of access to and the use of 
intelligence;
     Operational security (OPSEC), including handling, storage, 
and transmission of information related to proposed operations;
     The manner of operational control of the aircraft by the 
operator;
     Mission planning and briefing, including how the 
management of risks related to insurgent activity is incorporated into 
mission planning for all stages of the operation;
     Ground security;
     In-flight security;
     Communications, including those between the operator and 
the aircraft and with the contracting U.S. Government department or 
agency before, during, and after flight operations;
     Equipment, including a description of the aircraft and any 
special equipment to be used by the airmen;
     Whether and how training by the operator to flight and 
ground crew members and other operational personnel who will be 
involved in the proposed operations will be conducted;
     Reporting and feedback procedures of the operator to 
report threats to the FAA; and
     Any additional risk analysis and management measures 
deemed necessary.
    (3) Any other information requested by the FAA.
    If an approval request includes classified information, you may 
contact Aviation Safety Inspectors David Catey or David Morton for 
instructions on submitting it to the FAA. Their contact information is 
listed in the FOR FURTHER INFORMATION CONTACT section of this proposed 
SFAR.
    The FAA would review the request for approval submitted by the U.S. 
Government department or agency for sufficiency in addressing the 
aviation safety considerations relative to the risks to the proposed 
operations. If the FAA determines that the U.S. Government department 
or agency has sufficiently addressed those safety considerations, an 
approval may be issued as described under the Approval Conditions 
discussion that follows. FAA approval of the operation under proposed 
paragraph 4 of SFAR 110 does not relieve the operator of its 
responsibility to comply with all FAA rules and regulations, as well as 
all rules and regulations of other U.S. Government departments or 
agencies that may apply to the operation, including, but not limited 
to, the Transportation Security Regulations issued by the 
Transportation Security Administration, Department of Homeland 
Security.

Proposed Approval Conditions

    If the FAA approves the requested operation, the FAA's Aviation 
Safety Organization (AVS) would issue an approval directly to the 
carrier by Operations Specifications (large air carriers) or a letter 
of authorization (general aviation operations). AVS would send a letter 
to the authorizing agency to indicate the extent to which the FAA 
approves the proposed operations. The letter would stipulate the 
specific conditions under which the FAA approves the air carrier or 
other covered person for the requested operations in Afghanistan. 
Specifically:

[[Page 29469]]

    (1) Any approval would 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) Any approval would specify that the operation is not eligible 
for coverage by a premium war risk insurance policy issued by the FAA 
under section 44302 of chapter 443 of Title 49 of the United States 
Code. A request for such coverage would not be granted;
    (3) If the operator is already covered by a premium war risk 
insurance policy issued by the FAA,\1\ the applicant would be required 
to request the FAA to issue an endorsement to its premium war risk 
insurance policy that specifically excludes coverage for any operations 
below FL 160 in the territory and airspace of Afghanistan, including a 
flight plan that contemplates landing in or taking off from Afghan 
territory. If approved by the FAA, such an endorsement to the premium 
war risk insurance policy would have to be issued and effective before 
the effective date of the approval. Additionally, and before any 
approval is issued, the operator would have to submit to the FAA in 
writing its agreement to waive all claims and liabilities against the 
U.S. Government with respect to any third-party claims and liabilities 
relating to any event arising from or related to the approved 
operation. Such waiver and indemnification agreement would also be 
required as a condition of any exemption issued under paragraph 3 of 
proposed SFAR 110.
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    \1\ Coverage under FAA premium war risk insurance policies is 
suspended, as a condition of the premium war risk policy, if an 
operation is covered by non-premium war risk insurance through a 
contract with an agency of the U.S. Government under section 44305 
of chapter 443 of Title 49 of the U.S. Code.
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    (4) If the operation includes the carriage of civilian passengers, 
the operator would have to obtain signed statements from each passenger 
that the passenger knowingly accepts the risk of the operation and 
consents to that risk; and
    (5) Other conditions as determined by the FAA.
    The FAA may impose additional conditions on operators through their 
Operations Specifications or letters of authorization that are not 
contained in letters notifying requesting departments or agencies of 
approvals.

Exemption

    Persons covered under paragraph 1 (Applicability) of proposed SFAR 
110 who are performing operations for entities other than U.S. 
Government agencies may seek an exemption under paragraph 3 in 
accordance with the procedures set forth in 14 CFR part 11. In 
petitioning for an exemption, the petition would have to show that its 
intended operation is in the public interest. For these operations, the 
operator would have to (1) submit a letter from a U.S. Government 
agency supporting the proposed operations as being in the public 
interest; and (2) provide information to demonstrate that the operator 
can establish a comparable level of safety, which at a minimum, meets 
the criteria of the SRAP described above. Unless both conditions are 
met, an exemption permitting such operations will not be granted.

Paperwork Reduction Act

    This proposal contains the following new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the FAA has submitted the information requirements 
associated with this proposal to the Office of Management and Budget 
for its review.
    Title: Prohibition Against Certain Flights Within the Territory and 
Airspace of Afghanistan.
    Summary: This action would permit certain U.S. civil aircraft 
operations below flight level (FL) 160 within the territory and 
airspace of Afghanistan, when approved by the FAA.
    Use of: If air carrier operators are covered by a premium war risk 
insurance policy issued by the FAA, they would be required to issue an 
endorsement to their premium war risk insurance policy that 
specifically excludes coverage for any operations below FL 160 in the 
territory and airspace of Afghanistan. The FAA would also require the 
affected operators to submit documentation to FAA showing that the 
endorsement to the premium war risk insurance policy is in effect 
before being issued operations specifications authorizing such 
operations.
    Additionally, and before any authorization (operation 
specifications or letter of authorization) is issued, the operator 
would have to submit to the FAA in writing its agreement to waive all 
claims and liabilities against the U.S. Government with respect to any 
third-party claims and liabilities relating to any event arising from 
or related to the approved operation.
    Respondents (including number of): The FAA estimates that there 
would be 25 affected operators.
    Frequency: The information collection would occur one time during 
the first year the rule is in affect.
    Annual Burden Estimate: The burden estimate is $2,350.
    The proposed rule would require two information collections from 
regulated entities. We expect that 25 entities would fill out paperwork 
with policy endorsements and they would submit the liability waiver and 
indemnification agreement. The required documentation for the affected 
entities to be in compliance with this proposed rule would take each 
operator 1 hour to fill out, endorse and file the required paperwork. 
As such, the cost for a one-year period would be $2,350 (1 hour x 25 
applicants x $94 per hour).
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement by June 10, 2010, and should direct them to the 
address listed in the ADDRESSES section at the end of this preamble. 
Comments also should be submitted to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention: Desk 
Officer for FAA, New Executive Building, Room 10202, 725 17th Street, 
NW., Washington, DC 20053.
    According to the 1995 amendments to the Paperwork Reduction Act (5 
CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the 
collection of information, nor may it impose an information collection 
requirement unless it displays a currently valid OMB control number. 
The OMB control number for this information collection will be 
published in the Federal Register, after the Office of Management and 
Budget approves it.

International Compatibility

    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

[[Page 29470]]

has reviewed the corresponding ICAO Standards and Recommended Practices 
and has identified no differences with these proposed regulations.

IV. Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs 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) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade 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) 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 proposed rule.
    Department of Transportation Order DOT 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 proposed rule. The 
reasoning for this determination follows: This proposed SFAR requires 
the submission of a request to conduct an operation in a hazardous 
airspace. Such a request involves the submission of paperwork which is 
viewed as resulting in minimal cost.
    The FAA has, therefore, determined that while this proposed rule is 
not an economically significant regulatory action as defined in section 
3(f)(1) of Executive Order 12866, it is ``significant'' as defined in 
section 3(f) of Executive Order 12866 and DOT's Regulatory Policies and 
Procedures.

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-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.
    While we expect more than one small entity to be potentially 
subject to this rule, the completion of the proposed additional 
paperwork is thought to be of minimal cost.
    Therefore, the FAA certifies that this proposed rule would not have 
a significant economic impact on a substantial number of small 
entities. The FAA solicits comments regarding this determination.

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 $143.1 million in lieu of $100 
million. This proposed rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national 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.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraphs 312d and 312f and 
involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order and it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, please send only one copy of written comments, or 
if you are filing comments electronically, please submit your comments 
only one time.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will

[[Page 29471]]

consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. You must mark the 
information that you consider proprietary or confidential. If you send 
the information on a disk or CD-ROM, mark the outside of the disk or 
CD-ROM and also identify electronically within the disk or CD-ROM the 
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when we are aware of proprietary information 
filed with a comment, we do not place it in the docket. We hold it in a 
separate file to which the public does not have access, and we place a 
note in the docket that we have received it. If we receive a request to 
examine or copy this information, we treat it as any other request 
under the Freedom of Information Act (5 U.S.C. 552). We process such a 
request under the DOT procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using 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 Printing Office's Web page at: http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket or notice number of this rulemaking.
    You may access all documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, from 
the internet through the Federal eRulemaking Portal referenced in 
paragraph (1).

List of Subjects in 14 CFR Part 91

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

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531; 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat. 1180).

    2. In part 91, Special Federal Aviation Regulation (SFAR) No. 110 
is added to read as follows:

Special Federal Aviation Regulation No. 110--Prohibition Against 
Certain Flights Within the Territory and Airspace of Afghanistan

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers and U.S. commercial operators;
    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA, except such persons operating U.S.-registered 
aircraft for a foreign air carrier; and
    (c) All operators of U.S.-registered aircraft, except where the 
operator of such aircraft is a foreign air carrier.
    2. Flight prohibition. Except as provided below, or in paragraphs 3 
and 4 of this SFAR, no person described in paragraph 1 may conduct 
flight operations within the territory and airspace of Afghanistan 
below FL 160. This rule permits U.S. civil aircraft operations by 
persons described in paragraph 1 below flight level (FL) 160 within the 
territory and airspace of Afghanistan, only when approved by the FAA as 
provided herein.
    (a) Overflights of Afghanistan may be conducted at or above FL 160 
subject to the approval of, and in accordance with the conditions 
established by, the appropriate authorities of Afghanistan.
    (b) Flights departing from countries adjacent to Afghanistan whose 
climb performance will not permit operation at or above FL 160 prior to 
entering Afghan airspace may operate at altitudes below FL 160 within 
Afghanistan to the extent necessary to permit a climb above FL 160, 
subject to the approval of, and in accordance with the conditions 
established by, the appropriate authorities of Afghanistan.
    3. Permitted operations. This SFAR does not prohibit persons 
described in section 1 from conducting flight operations within the 
territory and airspace of Afghanistan below FL 160 when such operations 
are authorized either by another agency of the United States Government 
with the approval of the FAA or by an exemption issued by the 
Administrator.
    4. 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 SFAR to the extent required by 
that emergency. Except for U.S. air carriers and commercial operators 
that are subject to the requirements of Title 14 CFR parts 119, 121, or 
135, each person who deviates from this rule must, within 10 days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations of the aircraft involved in the deviation, 
including a description of the deviation and the reasons for it.
    5. Expiration. This Special Federal Aviation Regulation will remain 
in effect for 5 years from the effective date. The FAA may amend, 
rescind, or extend the SFAR as necessary.

    Issued in Washington, DC, on May 21, 2010.
Raymond Towles,
Acting Director, Flight Standards Service, Aviation Safety.
[FR Doc. 2010-12670 Filed 5-25-10; 8:45 am]
BILLING CODE 4910-13-P
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