[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65319-65320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20530]



[[Page 65319]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2015-8672; Amdt. No. 91-340D]
RIN 2120-AL69


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

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

ACTION: Final rule; technical amendment.

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SUMMARY: On December 7, 2021, the Federal Aviation Administration (FAA) 
published a final rule in the Federal Register to extend the Special 
Federal Aviation Regulation (SFAR) prohibiting certain flights in the 
specified areas of the Sanaa Flight Information Region (FIR) (OYSC) by 
all: U.S. air carriers; U.S. commercial operators; persons exercising 
the privileges of an airman certificate issued by the FAA, except when 
such persons are operating U.S.-registered aircraft for a foreign air 
carrier; and operators of U.S.-registered civil aircraft, except when 
the operator of such aircraft is a foreign air carrier. Subsequently, 
the FAA became aware that the International Civil Aviation Organization 
(ICAO) amended waypoints the FAA uses to demarcate the boundary between 
the airspace in which U.S. operators are prohibited from conducting 
operations and the airspace in which U.S. operators are permitted to 
operate. The FAA is publishing this technical amendment to update its 
regulations to reflect the current waypoint names and locations.

DATES: This final rule is effective on September 22, 2023.

FOR FURTHER INFORMATION CONTACT: Bill Petrak, Air Transportation 
Division, Flight Standards Service, through the Washington Operations 
Center, Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone (202) 267-3203; email <a href="/cdn-cgi/l/email-protection#c5fce8838484e88ab3a0b7b6a0a4b683a9aca2adb195b7aaadaca7acb1acaaabb685a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="370e1a7176761a7841524544525644715b5e505f436745585f5e555e435e5859447751565619505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Good Cause for Immediate Adoption

    Section 553(b)(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.'' Also, section 553(d) 
permits agencies, upon a finding of good cause, to issue rules with an 
effective date less than 30 days from the date of publication. In this 
instance, the FAA finds good cause to forgo notice and comment and the 
delayed effective date because they would be unnecessary.
    This action is a technical amendment that is limited to updating 
existing regulations to reflect the current waypoint names and 
locations. The amendment will not impose any additional substantive 
restrictions or requirements on the persons affected by these 
regulations and the FAA finds that notice and public comment under 5 
U.S.C. 553(b) is unnecessary. For the same reason, the FAA finds that 
good cause exists under 5 U.S.C. 553(d) for making this rule effective 
in less than 30 days.
    Accordingly, the FAA finds good cause exists to forgo notice and 
comment and any delay in the effective date for this rule.

II. Background

    On December 7, 2021, the FAA published a final rule \1\ in the 
Federal Register extending the prohibition against certain flights in 
the specified areas of the Sanaa FIR (OYSC) by all: U.S. air carriers; 
U.S. commercial operators; persons exercising the privileges of an 
airman certificate issued by the FAA, except when such persons are 
operating U.S.-registered aircraft for a foreign air carrier; and 
operators of U.S.-registered civil aircraft, except when the operator 
of such aircraft is a foreign air carrier. Specifically, that final 
rule continued to prohibit all persons described in paragraph (a) of 
SFAR No. 115, title 14 Code of Federal Regulations (CFR), Sec.  
91.1611, from conducting civil flight operations in the specified areas 
of the Sanaa FIR (OYSC), as described in paragraph (b) of the rule, 
until January 7, 2025, due to the significant, continuing safety-of-
flight risks to U.S. civil aviation operations in that airspace 
associated with the conflict between the Saudi Arabian-led Coalition 
(SLC) and Iranian-aligned Houthi forces.
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    \1\ Extension of the Prohibition Against Certain Flights in 
Specified Areas of the Sanaa Flight Information Region (FIR) (OYSC) 
final rule, 86 FR 69167 (Dec. 7, 2021).
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    Subsequently, the FAA became aware the International Civil Aviation 
Organization (ICAO) Middle East Air Navigation Planning and 
Implementation Regional Group approved an update to the Regional Air 
Navigation Plan to amend certain waypoints. Some of the amendments 
affected waypoints used by the FAA to demarcate the boundary between 
the airspace in which U.S. operators are prohibited from conducting 
operations and the airspace in which U.S. operators are permitted to 
operate. To address the amendments of waypoints, this technical 
amendment identifies the new waypoint names and locations to clarify 
where U.S. operators are prohibited from conducting operations due to 
flight safety risks associated with the conflict in Yemen and where 
they are permitted to operate.
    The following table lists the changes being made.

                           Table 1--Previous and Current Waypoint Names and Locations
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         Previous waypoint name            Previous location       Current waypoint name      Current location
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KAPET..................................      163322N 0530614E   KAPET.....................      163322N 0530614E
NODMA..................................      152603N 0533359E   NODMA.....................      152603N 0533359E
ORBAT..................................      140638N 0503924E   IMPAG.....................      140638N 0503924E
PAKER..................................      115500N 0463500E   TIMAD.....................      115500N 0463500E
PARIM..................................      123142N 0432712E   PARIM.....................      123200N 0432720E
RIBOK..................................      154700N 0415230E   RIBOK.....................      154700N 0415230E
----------------------------------------------------------------------------------------------------------------

    The FAA notes that the updated Regional Air Navigation Plan 
relocated the waypoint PARIM slightly, from 123142N 0432712E to 123200N 
0432720E. The FAA has determined that this minor change in the location 
of the PARIM waypoint does not alter the FAA's assessment that PARIM is 
an appropriate waypoint to use to

[[Page 65320]]

demarcate the boundary between the airspace where U.S. operators are 
prohibited from conducting operations due to flight safety risks 
associated with the conflict in Yemen and where they are permitted to 
operate, as the inadvertent risk emanating from potential air defense 
operations is primarily confined to Yemen's land territory.

III. Technical Amendment

    Consistent with the foregoing:
    Prohibited Operations. U.S. civil aviation operations remain 
prohibited in the Sanaa FIR (OYSC) in that airspace west of a line 
drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), 
northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E) 
then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn 
direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn 
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303 
is not authorized.
    Permitted Operations. U.S. civil aviation operations remain 
permitted in the Sanaa FIR (OYSC) in that airspace east of a line drawn 
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), 
southeast of a line drawn direct from NODMA to IMPAG (140638N 0503924E) 
then from IMPAG to TIMAD (115500N 0463500E), south of a line drawn 
direct from TIMAD to PARIM (123200N 0432720E), and west of a line drawn 
direct from PARIM to RIBOK (154700N 0415230E). Use of jet routes UT702 
and M999 are authorized.

List of Subjects in 14 CFR Part 91

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

The Amendment

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

    Authority: 49 U.S.C. 106(f), 106(g), 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, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
2. Amend Sec.  91.1611 by revising paragraphs (b) and (c) to read as 
follows:


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

* * * * *
    (b) Flight prohibition. Except as provided in paragraphs (c) and 
(d) of this section, no person described in paragraph (a) of this 
section may conduct flight operations in the portion of the Sanaa 
Flight Information Region (FIR) (OYSC) that is west of a line drawn 
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), 
northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E) 
then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn 
direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn 
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303 
is not authorized.
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the Sanaa FIR (OYSC) under the following circumstances:
    (1) Permitted operations that do not require an approval or 
exemption from the FAA. Flight operations may be conducted in the Sanaa 
FIR (OYSC) in that airspace east of a line drawn direct from KAPET 
(163322N 0530614E) to NODMA (152603N 0533359E), southeast of a line 
drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to 
TIMAD (115500N 0463500E), south of a line drawn direct from TIMAD to 
PARIM (123200N 0432720E), and west of a line drawn direct from PARIM to 
RIBOK (154700N 0415230E). Use of jet routes UT702 and M999 are 
authorized. All flight operations conducted under this subparagraph 
must be conducted subject to the approval of, and in accordance with 
the conditions established by, the appropriate authorities of Yemen.
    (2) Operations permitted under an approval or exemption issued by 
the FAA. Flight operations may be conducted in the Sanaa FIR (OYSC) in 
that airspace west of a line drawn direct from KAPET (163322N 0530614E) 
to NODMA (152603N 0533359E), northwest of a line drawn direct from 
NODMA to IMPAG (140638N 0503924E) then from IMPAG to TIMAD (115500N 
0463500E), north of a line drawn direct from TIMAD to PARIM (123200N 
0432720E), and east of a line drawn direct from PARIM to RIBOK (154700N 
0415230E) if 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 U.S. Government department, agency, or 
instrumentality and the person subject to paragraph (a)), with the 
approval of the FAA, or under an exemption issued by the FAA. The FAA 
will consider 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.
* * * * *

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on 
September 15, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-20530 Filed 9-21-23; 8:45 am]
BILLING CODE 4910-13-P


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