Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations 78299 

Secretary of the Board under delegated 

authority, December 19, 2014. 

Robert deV. Frierson, 

Secretary of the Board. 

Dated: December 18, 2014. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2014–30419 Filed 12–29–14; 8:45 am] 

BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2014–0708; Amendment 

No. 91–334; SFAR No. 114] 

RIN 2120–AK61 

Prohibition Against Certain Flights 

Within the Damascus (OSTT) Flight 

Information Region (FIR) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Immediately adopted final rule. 

SUMMARY: This action prohibits certain 

flight operations in the Damascus 

(OSTT) 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 previously prohibited such flight 

operations in a Notice to Airmen 

(NOTAM) 4/4936, which was issued on 

August 18, 2014, and absent this rule, 

would have remained in effect until 

December 31, 2014. This Special 

Federal Aviation Regulation (SFAR) 

adopts the prohibitions currently in 

effect via the NOTAM, and requires 

compliance with the prohibitions for 2 

years from the date of publication of this 

final rule, unless the FAA determines 

that it is necessary to amend or rescind 

this rule based on the situation in the 

region. The FAA finds that this action 

is necessary to address a potential 

hazard to persons and aircraft engaged 

in such flight operations. 

DATES: This final rule is effective on 

December 30, 2014, and remains in 

effect through December 30, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions about this action, 

contact Will Gonzalez, Air 

Transportation Division, AFS–220, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: 202– 

267–8166; email: will.gonzalez@faa.gov. 

For legal questions concerning this 

action, contact: Robert Frenzel, Office of 

the Chief Counsel, AGC–200, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7638. 

SUPPLEMENTARY INFORMATION: 

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 potential 

hazard to civil aviation that exists in the 

OSTT FIR, as described in the 

Background section of this final rule. 

Authority for This Rulemaking 

The FAA is responsible for the safety 

of flight in the United States and for 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 of the 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 SFAR is promulgated under the 

authority described in Title 49, 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 

certain flight operations in the OSTT 

FIR due to the potential hazard to 

persons and aircraft engaged in such 

flight operations that is described in the 

‘‘Background’’ section of this final rule. 

I. Overview of Immediately Adopted 

Final Rule 

This action prohibits certain flight 

operations in the OSTT 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 previously prohibited such flight 

operations in FDC NOTAM 4/4936, 

which was issued on August 18, 2014. 

This action incorporates that 

prohibition into the Code of Federal 

Regulations (CFR). The FAA finds this 

action necessary to address a potential 

hazard to persons and aircraft engaged 

in such flight operations, as described 

below. 

II. Background 

Due to the ongoing armed conflict and 

volatile security environment in Syria, 

the FAA has serious concerns regarding 

potential hazards to U.S. civil flight 

operations in the OSTT FIR. A number 

of armed extremist groups are known to 

be equipped with a variety of antiaircraft weapons that have the capability 

to threaten civil aircraft. These groups 

have successfully shot down Syrian 

military aircraft and have previously 

warned civil air carriers against 

providing service to Syria. Due to the 

presence of these weapons, threats made 

by the extremist groups, and ongoing 

fighting throughout Syria involving 

various forms of weaponry used by 

various groups, as well as military 

fighter aircraft used by the Syrian Air 

Force, the FAA believes there is a 

significant threat to U.S. civil aviation 

operating in the OSTT FIR at any 

altitude. 

On August 18, 2014, in response to 

the potentially hazardous situation 

created by the armed conflict in Syria, 

the FAA issued FDC NOTAM 4/4936, 

which prohibited flight operations in 

the OSTT 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. In addition, on September 

23, 2014, the President announced that 

U.S. and allied forces had begun 

airstrikes against the Islamic State in 


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78300 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations 

1 If and when, in connection with an operator’s 

contract with a department, agency, or 

instrumentality of the U.S. Government, an 

operation is covered by a non-premium war risk 

insurance policy issued by FAA under 49 U.S.C. 

44305, coverage under that operator’s FAA 

premium war risk insurance policy is suspended as 

a condition contained in that premium policy. 

Iraq and the Levant (ISIL) targets in 

Syria and that U.S. forces had also 

conducted airstrikes to disrupt plotting 

against the U.S. and its allies by the 

Khorasan Group. These airstrikes 

represent a further hazard to U.S. civil 

aviation operations in the OSTT FIR. 

This rulemaking incorporates the flight 

prohibition contained in FDC NOTAM 

4/4936 into the CFR. 

The FAA will continue to actively 

evaluate the situation to determine to 

what extent U.S. civil operators may be 

able to safely operate in the OSTT FIR. 

Amendments to this SFAR No. 114, 

§ 91.1609, may be appropriate if the risk 

to aviation safety and security changes. 

Thus, the FAA may amend or rescind 

this SFAR No. 114, § 91.1609, 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)(3) for 

making this rule effective immediately 

upon publication. 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. 

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 this 

final rule, including any U.S. air carrier 

or U.S. commercial operator, to conduct 

a charter to transport civilian or military 

passengers or cargo, that department, 

agency, or instrumentality may request 

the FAA to approve persons covered 

under this SFAR No. 114, § 91.1609, to 

conduct such operations. An approval 

request must be made to the FAA in a 

letter signed by an appropriate senior 

official of the requesting department, 

agency, or instrumentality of the U.S. 

Government. The letter must be sent 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 this SFAR No. 114, § 91.1609 

and/or for multiple flight operations. To 

the extent known, the letter must 

identify the person(s) expected to be 

covered under this SFAR No. 114, 

§ 91.1609 and on whose behalf the U.S. 

Government department, agency, or 

instrumentality is seeking FAA approval 

to conduct operations in the OSTT FIR. 

The letter 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 this SFAR No. 114, 

§ 91.1609; 

• To the extent known, the specific 

locations in the OSTT FIR where the 

proposed operation(s) will be 

conducted; 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 its 

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 

its prime contractor has a 

subcontract(s)) for specific flight 

operations in the OSTT FIR. 

Additionally, such operators may be 

identified to the FAA at any time after 

the FAA approval is issued. Updated 

lists should be sent to the email address 

to be obtained from the Air 

Transportation Division, (202) 267– 

8166. 

If an approval request includes 

classified information, requestors may 

contact Aviation Safety Inspector Will 

Gonzalez 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 

this SFAR No. 114, § 91.1609, 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 comply 

with the conditions of their certificates 

and Operations Specifications 

(OpSpecs). Operators must also comply 

with all rules and regulations of other 

U.S. Government departments or 

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. 

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: 

(1) Any 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) Any approval will indicate that the 

operation is not eligible for coverage 

under any premium war risk insurance 

policy issued by the FAA under chapter 

443 of title 49, U.S. Code.1 Each such 

policy excludes coverage for any aircraft 

operations that are intentionally 

conducted into or within geographic 

areas prohibited by an SFAR, such as 

this SFAR No. 114, § 91.1609. The 

exclusion specified in the policy will 

remain in effect as long as this SFAR 

No. 114, § 91.1609, remains in effect, 

notwithstanding the issuance of any 

approval under, or exemption from, this 

SFAR No. 114, § 91.1609 (the chapter 

443 premium war risk insurance policy 

refers to such approval as a ‘‘waiver’’ 

and such exemption as an ‘‘exclusion’’). 

(3) Before any approval takes effect, 

the operator must submit to the FAA a 

written release of the U.S. Government 

(including, but not limited to, the 

United States of America, as Insurer) 

from all damages, claims, and liabilities, 

including without limitation legal fees 

and expenses, and the operator’s 

agreement to indemnify the U.S. 

Government (including, but not limited 

to, the United States of America, as 

Insurer) 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 OSTT FIR. 

The release and agreement to indemnify 

do not preclude an operator from raising 

a claim under an applicable nonpremium war risk insurance policy 

issued by the FAA under chapter 443. 


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(4) Other conditions that the FAA 

may specify, including those that may 

be imposed in OpSpecs. 

If the proposed operation or 

operations is or are approved, the FAA 

will issue OpSpecs to the certificate 

holder authorizing the operation or 

operations, and will notify the 

department, agency, or instrumentality 

that requested FAA approval of civil 

flight operations to be conducted by one 

or more persons described in paragraph 

(a) of this SFAR No. 114, § 91.1609, 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. 114, § 91.1609, on whose behalf the 

department, agency, or instrumentality 

requests FAA approval. 

Request for Exemptions 

Any operation not conducted under 

the approval process set forth above 

must be conducted under an exemption 

from this SFAR No. 114, § 91.1609. A 

request by any person covered under 

this SFAR 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, the requestor must 

describe in its submission to the FAA, 

at a minimum— 

• The proposed operation(s), 

including the nature of the operation; 

• The service to be provided by the 

person(s) covered by this SFAR No. 114, 

§ 91.1609; 

• The specific locations in the OSTT 

FIR where the proposed operation(s) 

will be conducted; 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 issued under this SFAR 

No. 114, § 91.1609. The FAA recognizes 

that operations that may be affected by 

this SFAR No. 114, § 91.1609, 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 

processing any private exemption 

requests. 

III. Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

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 (Public Law 96– 

354), as codified in 5 U.S.C. 601 et seq., 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act of 1979 (Public Law 

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 (Public 

Law 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 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 is so minimal that a 

proposed or final rule does not warrant 

a full evaluation, this order permits that 

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. 114, § 91.1609, 

prohibits flight operations by persons 

described in paragraph (a) in the OSTT 

FIR due to the significant hazards to 

civil aviation described in the 

Background section of this preamble. 

This regulation incorporates the 

prohibition on flight operations 

originally issued by the FAA in FDC 

NOTAM 4/4936 into the CFR. The U.S. 

Department of the Treasury’s Office of 

Foreign Assets Control (OFAC) 

prohibits, except as otherwise 

authorized, the exportation, reexportation, sale, or supply, directly or 

indirectly, from the United States, or by 

a United States person, wherever 

located, of any services to Syria. See 31 

CFR 542.207. Consequently, the FAA 

assumes that, immediately prior to the 

issuance of FDC NOTAM 4/4936 on 

August 18, 2014, there were few, if any, 

persons who would be subject to 

paragraph (a) of SFAR No. 114, 

§ 91.1609, flying into and out of Syria. 

OFAC’s Syrian Sanctions Regulations 

(31 CFR part 542) do not prohibit 

overflights of Syria. The FAA surveyed 

U.S. operators of large transport 

category airplanes (four part 121 

operators and two part 125M operators) 

who had previously reported 

conducting regular overflights in the 

OSTT FIR. All six operators recently 

reported that they had voluntarily 

ended their OSTT FIR overflights in 

March 2011 due to the onset of 

hostilities in Syria. Thus, these six 

operators ceased their operations in the 

OSTT FIR before the FAA issued FDC 

NOTAM 4/4936 on August 18, 2014. 

Approximately 15 ‘‘on-demand’’ large 

carriers (part 121 and part 121/135) 

previously indicated that they had 

performed overflights in the OSTT FIR 

and about 75 small ‘‘on-demand’’ 

operators (parts 135, 125, 125M, and 

91K) previously indicated that they had 

flown into and out of Syria or 

conducted overflights in the OSTT FIR. 

However, because of the OFAC 

sanctions and the ongoing conflict, the 

FAA believes that few, if any, of these 

small operators were operating in the 

OSTT FIR immediately prior to the 

issuance of FDC NOTAM 4/4936 on 

August 18, 2014. Accordingly, the 

incremental costs of this rule are 

minimal. 

In conducting these analyses, FAA 

has determined 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, if adopted, 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. 


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A. 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-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, 

RFA § 605(b) provides that the head of 

the agency may so certify and a 

regulatory flexibility analysis will not be 

required. The certification must include 

a statement providing the factual basis 

for this determination, and the 

reasoning should be clear. 

As noted above, because of OFAC 

sanctions and the ongoing conflict, as 

well as the voluntary cessation of 

operations by large transport category 

carriers, the FAA believes that few, if 

any, small U.S. operators operated in 

the OSTT FIR prior to the issuance of 

FDC NOTAM 4/4936. The FAA believes 

all operators who are small entities do 

not intend to land or overfly Syria while 

this rule is in effect. Therefore, as 

provided in § 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. 

B. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39. 19 U.S.C. Chapter 13), 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 potential effect of this final rule and 

determined that its purpose is to protect 

the safety of U.S. civil aviation from a 

potential hazard outside the U.S. 

Therefore, the rule is in compliance 

with the Trade Agreements Act, as 

amended. 

C. 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 

$151.0 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. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(Pub. L. 104–13, 44 U.S.C. 3501 et seq.) 

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. 

E. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation (the ‘‘Chicago 

Convention’’), it is FAA policy to 

conform to International Civil Aviation 

(‘‘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 proposed regulation. 

F. 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 (‘‘NEPA’’) 

(Pub. L. 91–190, 42 U.S.C. Chapter 55) 

in the absence of extraordinary 

circumstances. The FAA has 

determined this rulemaking action 

qualifies for the categorical exclusion 

identified in paragraph 312(f) of FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ and 

involves no extraordinary 

circumstances. 

The FAA has reviewed the 

implementation of the proposed SFAR 

and determined it is categorically 

excluded from further environmental 

review according to FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ paragraph 312(f). The FAA 

has examined possible extraordinary 

circumstances and determined that no 

such circumstances exist. After careful 

and thorough consideration of the 

proposed action, the FAA finds that the 

proposed Federal action does not 

require preparation of an EA or EIS in 

accordance with the requirements of 

NEPA, Council on Environmental 

Quality regulations, and FAA Order 

1050.1E. 

IV. 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 will 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, 

does 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 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. 

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 


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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. 

V. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal Document 

Management System (FDMS) Portal 

(http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page: http://www.faa.gov/ 

regulations_policies/; or 

3. Access the Government Printing 

Office’s Web page: http://www.gpo.gov/ 

fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

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) 267–9680. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Public Law 104–121) (set 

forth as a note to 5 U.S.C. 601), as 

amended, 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’’ 

section at the beginning of the preamble. 

You can find out more about SBREFA 

on the Internet at: 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, Syria. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of Title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 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). 

■ 2. In part 91, Subpart M, add new 

§ 91.1609, to read as follows: 

§ 91.1609 Special Federal Aviation 

Regulation No. 114—Prohibition Against 

Certain Flights in the Damascus (OSTT) 

Flight Information Region (FIR). 

(a) Applicability. This rule 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 such persons 

operating U.S.-registered aircraft for a 

foreign air carrier; and 

(3) All operators of aircraft registered 

in the United States, except where the 

operator of such aircraft is a foreign air 

carrier. 

(b) Flight prohibition. No person may 

conduct flight operations in the 

Damascus (OSTT) Flight Information 

Region (FIR), except as provided in 

paragraphs (c) and (d) of this section. 

(c) Permitted operations. This section 

does not prohibit persons described in 

paragraph (a) of this section from 

conducting flight operations in the 

Damascus (OSTT) FIR, 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)), with 

FAA approval, 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 parts 119, 121, 125, 

or 135 of this chapter, each person who 

deviates from this section must, within 

ten (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 December 30, 2016. The 

FAA may amend, rescind, or extend this 

SFAR No. 114, § 91.1609, as necessary. 

Issued under authority provided by 49 

U.S.C. 106(f), 40101(d)(1), 40105(b)(1)(A), 

and 44701(a)(5), in Washington, DC, on 

December 19, 2014. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2014–30377 Filed 12–29–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–1036] 

Drawbridge Operation Regulation; 

Northeast Cape Fear River, 

Wilmington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Isabel S. 

Holmes Bridge, mile 1.0, across the 

Northeast Cape Fear River, at 

Wilmington, NC. The deviation restricts 

the operation of the draw span to 

facilitate mechanical repairs to the main 

breaker of the bridge. 

DATES: This deviation is effective from 

8 a.m. on February 9, 2015 to 8 p.m. on 

February 10, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–1036] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on the Open Docket Folder on the 

line associated with this deviation. You 

may also visit the Docket Management 

Facility (in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 


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