16710 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–24234; Airspace 

Docket No. 06–AWP–5] 

RIN 2120–AA66 

Amendment to Class E Airspace; 

Provo, UT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

corrects a final rule published in the 

Federal Register on August 1, 2006 (71 

FR 43355), Docket No. FAA–2006–

24234, Airspace Docket No. 06–AWP–5. 

In that rule, the reference to FAA Order 

7400.9 was published as FAA Order 

7400.9O. The correct reference is FAA 

Order 7400.9P. This technical 

amendment corrects those errors. 

EFFECTIVE DATE: 0901 UTC, April 5, 

2007. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Bentley, Airspace and Rules, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On August 1, 2006, a final rule was 

published in the Federal Register, 

Docket No. FAA–2006–24234, Airspace 

Docket No. 06–AWP–5 that amended 

Title 14 Code of Federal Regulations 

part 71 by amending Class E Airspace; 

Provo, UT (71 FR 43355). In that rule, 

the reference to FAA Order 7400.9 was 

published as FAA Order 7400.9O. The 

correct reference is FAA Order 7400.9P. 

Amendment to Final Rule 

■ Accordingly, pursuant to the authority 

delegated to me, the reference to FAA 

Order 7400.9 for Airspace Docket No. 

FAA–2006–24234, Airspace Docket No. 

06–AWP–5, as published in the Federal 

Register on August 1, 2006 (71 FR 

43355), is corrected as follows: 

■ On page 43355, column 1, (from the 

bottom, counting up) line 6, and column 

2, (from the bottom, counting up) line 3, 

amend the language to read: 

§ 71.1 [Amended] 

* * * * * 

‘‘FAA Order 7400.9P’’ instead of 

‘‘FAA Order 7400.9O’’. 

* * * * * 

Issued in Washington, DC, March 23, 2007. 

Edith V. Parish, 

Manager, Airspace and Rules. 

[FR Doc. E7–6301 Filed 4–4–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

RIN No. 2120–AJ03 

[Docket No. FAA–2007–27602; SFAR 107] 

Prohibition Against Certain Flights 

Within the Territory and Airspace of 

Somalia 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action prohibits flight 

operations below flight level 200 within 

the territory and airspace of Somalia by 

all: (1) U.S. air carriers; (2) U.S. 

commercial operators; (3) operators of 

U.S. registered aircraft except when 

such operators are foreign air carriers; 

and (4) persons exercising the privileges 

of a U.S. airman certificate except if the 

flight is on behalf of a foreign air carrier. 

The FAA finds this action necessary to 

prevent a potential hazard to persons 

and aircraft engaged in such flight 

operations. 

EFFECTIVE DATE: This action is effective 

March 30, 2007, shall remain in effect 

until further notice. 

FOR FURTHER INFORMATION CONTACT: 

David Catey, Air Transportation 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. Telephone: 

(202) 267–3732 or 267–8166. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 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. 

operators throughout the world. 

Additionally, the FAA is responsible for 

issuing rules affecting the safety of air 

commerce and national security. Title 

49 United States Code (U.S.C.) Section 

40101(d)(1) provides that the 

Administrator shall consider the 

following, among others, as being in the 

public interest: assigning, maintaining, 

and enhancing safety and security as the 

highest priorities in air commerce. Title 

49 U.S.C. Section 44701(a)(5) provides 

the FAA with broad authority to 

prescribe regulations governing the 

practices, methods, and procedures the 

Administrator finds necessary for safety 

in air commerce and national security. 

Background 

The United States has aviation safety 

and national security interest concerns 

regarding the safety of flight operations 

in Somalia. In addition, it has concerns 

for the individuals affected by this 

SFAR who may overfly Somalia below 

flight level (FL) 200 or land anywhere 

in Somalia except when necessary due 

to an inflight emergency. 

On 9 March, 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. There is evidence to support 

the possibility that the aircraft may have 

been struck by a rocket propelled 

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 

have been conflicting accounts 

regarding the cause of the explosion or 

fire, we believe that the attack on the 

IL–76 was probably caused by an RPG. 

We cannot rule out the possibility that 

some individuals also have access to 

man-portable air defense systems 

(MANPADS) that could be used against 

those persons covered by this SFAR. On 

23 March, 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 9 March 

incident. Although the cause of the 

crash is under investigation, there is a 

possibility the IL–76 was downed by a 

MANPADS missile or RPG. These 

incidents occurred days after unknown 

individuals mortared the airport at 

Mogadishu, causing minimal damage. 

Consequently, the FAA has determined 

that it is not safe to overfly Somali 

territory below FL 200. Furthermore, it 

is in the United States’ national security 

interests for those covered by this SFAR 

not to engage in flight operations within 

the territory and airspace of Somalia. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations 16711 

1The process set forth above outlines the 

conditions under which the FAA anticipates that 

approvals of flight operations into Somalia may be 

granted at this time. Any requests for exemption 

under 14 CFR part 11 will require exceptional 

circumstances beyond those presently 

contemplated by this approval process. 

2Coverage 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. 

Prohibition Against Certain Flights 

Within the Territory and Airspace of 

Somalia 

On the basis of the above information, 

and in furtherance of my 

responsibilities to promote the safety of 

flight of civil aircraft in air commerce 

and to issue aviation rules in the 

national security interests of the United 

States, I have determined that action by 

the FAA is necessary to prevent the 

injury to U.S. operators or the loss of 

certain U.S.-registered aircraft 

conducting flights in the territory and 

airspace of Somalia below FL 200. 

Accordingly, I am ordering a prohibition 

on all flight operations within the 

territory and airspace of Somalia below 

FL 200 by all United States air carriers, 

U.S. commercial operators, and all 

persons exercising the privileges of an 

airman certificate issued by the FAA 

unless such a person is engaged in the 

operation of a U.S.-registered aircraft for 

a foreign air carrier. This prohibition 

also applies to the operation of U.S.- 

registered aircraft below FL 200 in the 

territory and airspace of Somalia except 

where the operator is a foreign air 

carrier. This action is necessary to 

prevent an undue hazard to aircraft and 

to protect persons and property on 

board those aircraft. SFAR 107 will 

remain in effect until further notice. 

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 Title 49 U.S.C. Section 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 or agency of the U.S. 

Government determines that it has a 

critical need to engage any person 

covered under paragraph 1 of SFAR 107, 

including a U.S. air carrier or a 

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 Somalia, the U.S. Government 

agency may request FAA approval of the 

operation on behalf of the person 

covered under paragraph 1 of the SFAR. 

That request for approval must be 

made in writing, in the form of a letter 

under the signature of a senior official 

of that department or agency, and sent 

to the FAA Associate Administrator for 

Aviation Safety (AVS). That request for 

approval must include: 

1. A written contract between the 

other U.S. Government agency and 

persons covered under paragraph 1 of 

SFAR 107 for specific flight operations, 

which includes terms and conditions 

detailing how the operations are to be 

conducted; 

2. A plan approved by the U.S. 

Government agency describing how, in 

light of the need for and risk of the 

proposed operation, the threats to the 

operation will be mitigated, including 

the threats associated with MANPADS 

(FAA review of the plan does not 

constitute FAA acceptance or approval 

of the plan); and, 

3. Any other information requested by 

the FAA. 

The FAA will review the request for 

approval submitted by the U.S. 

Government agency to determine 

whether that agency has addressed the 

threats to the proposed operations, 

including the threats associated with 

MANPADS. If the FAA determines that 

the U.S. Government agency has 

addressed those issues, an approval may 

be issued as described under the 

‘‘Approval Conditions’’ discussion that 

follows.1 FAA approval of the operation 

under paragraph 3 of SFAR 107 does not 

relieve the operator of the responsibility 

of ensuring compliance with all rules 

and regulations of other U.S. 

Government 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. 

Approval Conditions 

If the FAA approves the requested 

operation, AVS will issue an approval 

directly to the carrier through the use of 

Operations Specifications (large air 

carriers) or a letter of authorization 

(general aviation operations). AVS will 

send a letter to the authorizing agency 

that stipulates the specific conditions 

under which the FAA approves the air 

carrier or other covered persons for the 

requested operations in Somalia. 

Specifically: 

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 specify that the 

operation is not eligible for coverage 

through 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 will not be granted; and 

3. If the operator already is covered by 

a premium war risk insurance policy 

issued by the FAA,2 the applicant will 

be required to request the FAA to issue 

an endorsement to its premium war risk 

insurance policy that specifically 

excludes coverage for any operations 

where the flight level will be lower than 

FL 200 over Somalia, including a flight 

plan that contemplates landing or taking 

off from Somali territory. The operator 

must expressly waive any claims against 

the U.S. Government in the event of 

injury, death or loss resulting from any 

such operation as a condition for an 

approval or an exemption issued in 

accordance with paragraph 3 of SFAR 

107. If approved by the FAA, such an 

endorsement to the premium war risk 

insurance policy must be issued and 

effective prior to the effective date of the 

approval. Additionally, the operator 

must notify the FAA in writing of its 

agreement to release the U.S. 

Government from all claims and 

liabilities, as well as its agreement to 

indemnify the U.S. Government with 

respect to any third party claims and 

liabilities relating to any and all events 

arising from or related to any such 

operation. 

If the operation includes the carriage 

of passengers, the operator must obtain 

signed statements from each passenger 

that—(1) contain a statement that the 

passenger knowingly accepts the risk of 

the operation and consents to that risk, 

and (2) releases the U.S. Government 

from all claims and liabilities relating to 

any and all events arising from or 

related to any such operation. 

Regulatory Analysis 

This rulemaking action is taken under 

an emergency situation within the 

meaning of Section 6(a)(3)(d) of 

Executive Order 12866, Regulatory 

Planning and Review. It also is 

considered an emergency regulation 


rwilkins on PROD1PC63 with RULES
16712 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations 

under Paragraph 11g of the Department 

of Transportation (DOT) Regulatory 

Policies and Procedures. It is not a 

significant rule within the meaning of 

the Executive Order and DOT’s policies 

and procedures. No regulatory analysis 

or evaluation accompanies the rule. 

The FAA certifies that this rule will 

not have a substantial impact on a 

substantial number of small entities as 

defined in the Regulatory Flexibility Act 

of 1980, as amended. It also will have 

no impact on international trade and 

creates no unfunded mandate for any 

entity. 

Availability of This Final Rule 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies web page at http:// 

www.faa.gov/regulations_policies; or 

(3) 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 number, notice 

number, or amendment number of this 

rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996, requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official. Internet 

users can find additional information on 

SBREFA in the FAA’s Web page 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, 

Somalia. 

The Amendment 

■ For the reasons set forth above, the 

Federal Aviation Administration 

amends 14 CFR part 91 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. 107 is added to 

read as follows: 

Special Federal Aviation Regulation 

No. 107—Prohibition Against Certain 

Flights Within the Territory and 

Airspace of Somalia 

1. Applicability. This rule applies to 

the following persons: 

(a) All U.S. air carriers or 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 aircraft registered 

in the United States 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 Somalia below flight level 

(FL) 200. 

(a) Overflights of Somalia may be 

conducted above FL 200 subject to the 

approval of, and in accordance with the 

conditions established by, the 

appropriate authorities of Somalia. 

(b) Flights departing from countries 

adjacent to Somalia whose climb 

performance will not permit operation 

above FL 200 prior to entering Somali 

airspace may operate at altitudes below 

FL 200 within Somalia to the extent 

necessary to permit a climb above FL 

200, subject to the approval of, and in 

accordance with the conditions 

established by, the appropriate 

authorities of Somalia. 

3. Permitted operations. This SFAR 

does not prohibit persons described in 

section 1 from conducting flight 

operations within the territory and 

airspace below FL 200 of Somalia 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 until further notice. 

Issued in Washington, DC on March 30, 

2007. 

Robert A. Sturgell, 

Deputy Administrator. 

[FR Doc. 07–1709 Filed 4–3–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

DEPARTMENT OF THE INTERIOR 

15 CFR Part 303 

[Docket No. 0612243019–7062–02] 

RIN: 0625–AA72 

Changes in the Insular Possessions 

Watch, Watch Movement and Jewelry 

Programs 2006 

AGENCIES: Import Administration, 

International Trade Administration, 

Department of Commerce; Office of 

Insular Affairs, Department of the 

Interior. 

ACTION: Final rule. 

SUMMARY: The Departments of 

Commerce and the Interior (the 

Departments) amend their regulations 

governing watch duty-exemption 

allocations and the watch and jewelry 

duty-refund benefits for producers in 

the United States insular possessions 

(the U.S. Virgin Islands, Guam, 

American Samoa and the 

Commonwealth of the Northern Mariana 

Islands). The rule amends certain 

regulations by updating the maximum 

total value of watch components per 

watch that are eligible for duty-free 

entry into the United States under the 

insular program, further clarifying the 

definition of creditable and noncreditable wages and fringe benefits, 

providing more details about the 

calculation of mid-year and annual 

duty-refund and verification process, 

and making minor editorial changes. 

DATES: This rule is effective May 7, 

2007. 


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