Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 65319 

1Extension 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). 

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. 

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 9-FAAOverseasFlightProhibitions@faa.gov. 

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), § 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. 

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

Previous waypoint name Previous location Current waypoint name Current location 

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 


lotter on DSK11XQN23PROD with RULES1
65320 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 

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 

■ 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). 

■ 2. Amend § 91.1611 by revising 

paragraphs (b) and (c) to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0511 

Special Local Regulation; Swim the 

Loop and Motts Channel Sprint; 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the ‘‘Swim 

the Loop and Motts Channel Sprint’’ on 

October 15, 2023, to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event, which lies in the 

vicinity of Wrightsville Beach, NC. 

During the enforcement period, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any official 

authorized by the Captain of the Port 

(COTP), Sector North Carolina. 

DATES: The regulation identified in the 

‘‘Event’’ column of Table 4 to 33 CFR 

100.501(i)(4) as covering the Swim the 

Loop and Motts Channel Sprint will be 

enforced from 7 a.m. until 11 a.m. on 

October 15, 2023. 


lotter on DSK11XQN23PROD with RULES1