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40105(b)(1)(A), and 44701(a)(5), on December 

23, 2015. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2015–33257 Filed 1–6–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No.: FAA–2015–8672; Amdt. No. 

91–340] 

RIN 2120–AK72 

Prohibition Against Certain Flights in 

Specified Areas of the Sanaa (OYSC) 

Flight Information Region (FIR) 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: On May 22, 2015, the FAA 

issued a Notice to Airmen (NOTAM) 

prohibiting certain flight operations in 

specified areas of the Sanaa (OYSC) 

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 found this action necessary to 

address the hazardous situation created 

by the risks to U.S. civil aviation from 

ongoing military operations, political 

instability, violence from competing 

armed groups, and the continuing 

terrorism threat from extremist elements 

associated with the fighting and 

instability in Yemen. The prohibition 

contained in the May 22, 2015 NOTAM 

was continued in a subsequent NOTAM 

issued on November 25, 2015 that used 

a new accountability code for NOTAMs 

that announce FAA flight advisories or 

prohibitions for U.S. civil aviation 

operations in airspace for which the 

FAA is not the air navigation service 

provider. This action incorporates the 

flight prohibition contained in the 

November 25, 2015, NOTAM into the 

Code of Federal Regulations. 

DATES: This final rule is effective on 

January 7, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Michael Filippell, Air 

Transportation Division, AFS–220, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone 202– 

267–8166; email michael.e.filippell@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

This action prohibits flight operations 

in the Sanaa (OYSC) FIR, excluding that 

airspace east and southeast of a line 

drawn direct from KAPET (163322N 

0530614E) to NODMA (152603N 

0533359E), then direct from NODMA to 

PAKER (115500N 0463500E), 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 finds this action necessary to 

prevent a hazard to persons and aircraft 

engaged in such flight operations. 

II. 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 hazard to 

U.S. civil aviation that now exists in 

specified areas of the Sanaa (OYSC) FIR, 

as described in the Background section 

of this rule. 

III. Authority for This Rulemaking 

The FAA is responsible for the safety 

of flight in the U.S. and 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, 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 an 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 rulemaking is promulgated 

under the authority described in 

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 commere by prescribing, 

among other things, regulations and 

minimum standards for practices, 

methods, and procedures that the 

Administrator finds necessary for safety 

in air commerce an national security. 

This regulation is within the scope of 

that authority, because it prohibits the 

persons subject to paragraph (a) of 

Special Federal Aviation Regulation 

(SFAR) No. 115, § 91.1611, from 

conducting flight operations in the 

Sanaa (OYSC) FIR due to the hazard to 

the safety of such persons’ flight 

operations, as described in the 

Background section of this rule. 

IV. Background 

On March 26, 2015 (FDC 5/8051), the 

FAA issued a NOTAM prohibiting flight 

operations in the entire Sanaa (OYSC) 

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 were operating a U.S.-registered 

aircraft for a foreign air carrier; and 

operators of U.S.-registered civil aircraft, 

except when such operators were 

foreign air carriers. The FAA took this 

action because it had determined that 

there was an unacceptable risk to U.S. 

civil aviation operating in the Sanaa 

(OYSC) FIR due to the hazardous 

situation faced by U.S. civil aviation 

from ongoing military operations, 

political instability, violence from 

competing armed groups, and the 

continuing terrorism threat from 

extremist elements associated with the 

fighting and instability in Yemen. 

After issuing the March 26, 2015, 

NOTAM, the FAA continued to monitor 

the risks to U.S. civil aviation in the 

Sanaa (OYSC) FIR. On May 22, 2015, 

after evaluating available information 

regarding the safety of certain air traffic 

routes over the high seas in the Sanaa 

(OYSC) FIR, including B400, B403 and 

B404, given current military operations 

and other threats to U.S. civil aviation 

in the region, the FAA determined that 

U.S. civil aviation operations could 

operate safely in part of the Sanaa 

(OYSC) FIR. The FAA issued a new 

NOTAM (FDC 5/5575), which allowed 

U.S. civil aviation operations to resume 

in specified areas of the Sanaa (OYSC) 

FIR. Specifically, the May 22, 2015, 

NOTAM permitted U.S. civil aviation 

operations to resume in the Sanaa 

(OYSC) FIR in that airspace east and 

southeast of a line drawn direct from 


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KAPET (163322N 0530614E) to NODMA 

(152603N 0533359E), then direct from 

NODMA to PAKER (115500N 

0463500E). However, the FAA 

continued to have serious concerns 

about the safety of U.S. civil aviation in 

the rest of the Sanaa (OYSC) FIR, as 

described in the remaining paragraphs 

of this Background section, and U.S. 

civil aviation operations in that airspace 

west and northwest of the line described 

in the preceding sentence remained 

prohibited. 

On November 25, 2015, KICZ 

NOTAM A0036/15 replaced FDC 

NOTAM 5/5575 (A0019/15). The new 

NOTAM was published as the FAA 

transitioned from using Flight Data 

Center NOTAMs to the new KICZ 

accountability code for NOTAMS that 

announce FAA flight advisories or 

prohibitions for U.S. civil aviation 

operations in airspace for which the 

FAA is not the air navigation service 

provider. The details of the FAA’s flight 

prohibition remained unchanged. This 

final rule incorporates the prohibition 

contained in the November 25, 2015, 

NOTAM into the Code of Federal 

Regulations. 

The FAA has determined that there is 

an unacceptable risk to U.S. civil 

aviation operating in the Sanaa (OYSC) 

FIR, excluding that airspace east and 

southeast of a line drawn direct from 

KAPET (163322N 0530614E) to NODMA 

(152603N 0533359E), then direct from 

NODMA to PAKER (115500N 

0463500E), due to the hazardous 

situation faced by U.S. civil aviation 

from ongoing military operations, 

political instability, violence from 

competing armed groups, and the 

continuing terrorism threat from 

extremist elements associated with the 

fighting and instability in Yemen. 

International civil air routes that 

transit the specified areas of the Sanaa 

(OYSC) FIR and aircraft operating to and 

from Yemeni airports are at risk from 

terrorist and militant groups potentially 

employing anti-aircraft weapons, 

including Man-Portable Air Defense 

Systems (MANPADS), surface-to-air 

missiles (SAMs), small-arms fire, and 

indirect fire from mortars and rockets. 

Due to the fighting and instability, there 

is a risk of possible loss of state control 

over more advanced anti-aircraft 

weapons to terrorist and militant 

groups, and some of these weapons have 

the capability to target aircraft at higher 

altitudes and/or during approach and 

departure and have weapon ranges that 

could extend into the near off-shore 

areas along Yemen’s coastline. U.S. civil 

aviation is also at risk from combat 

operations and other military-related 

activity associated with the fighting and 

instability. There is also an ongoing 

threat of terrorism. Al-Qa’ida in the 

Arabian Peninsula (AQAP) is active in 

Yemen and has demonstrated the 

capability and intent to target U.S. and 

Western aviation interests. 

Attacks against aircraft in flight or 

Yemeni airports can occur with little or 

no warning. Various Yemeni airports 

have been attacked during the fighting, 

including Sanaa International Airport 

(OYSN) and Aden International Airport 

(OYAA), resulting in damage to airport 

facilities and temporary closure of the 

airports. In recent years, Sanaa 

International Airport (OYSN) has been 

shut down on numerous occasions due 

to indirect fire and threats of attack 

against the airport and aircraft at low 

altitudes during approach and/or 

departure. 

There is also a risk to U.S. civil 

aviation from potential strategic SAM 

systems. Some of these air defense 

SAMs pose a threat to civil aviation out 

to 40 nautical miles and can reach 

altitudes above the normal cruising 

levels for civil air traffic. On March 28, 

2015, a probable SAM missile was 

launched from the vicinity of Al 

Hudaydah, Yemen along the Red Sea. 

Given the uncertainty about when the 

above-described hazards to U.S. civil 

aviation will abate sufficiently to allow 

for safe U.S. civil aviation operations in 

the specified areas of the Sanaa (OYSC) 

FIR, this new SFAR follows up on the 

November 25, 2015, NOTAM and 

incorporates the flight prohibition 

contained in the November 25, 2015, 

NOTAM into the Code of Federal 

Regulations. 

The FAA will continue to actively 

evaluate the area to determine to what 

extent U.S. civil aviation may be able to 

safely operate therein. Adjustments to 

this SFAR may be appropriate if the risk 

to aviation safety and security changes. 

The FAA may amend or rescind this 

SFAR 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) for making 

this rule effective immediately upon 

issuance. I also find that this action is 

fully consistent with the obligation 

under 49 U.S.C. 40105 to ensure that I 

exercise my duties consistently with the 

obligations of the United States under 

international agreements. 

V. 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 SFAR 

No. 115, § 91.1611, including a U.S. air 

carrier or a U.S. commercial operator, to 

conduct a charter to transport civilian or 

military passengers or cargo or other 

operations in the specified areas of the 

Sanaa (OYSC) FIR, that department, 

agency, or instrumentality may request 

that the FAA approve persons covered 

under SFAR No. 115, § 91.1611, to 

conduct such operations. An approval 

request must be made directly by the 

requesting department, agency, or 

instrumentality of the U.S. Government 

to the FAA’s Associate Administrator 

for Aviation Safety (AVS–1) in a letter 

signed by an appropriate senior official 

of the requesting department, agency, or 

instrumentality. Requests for approval 

submitted to the FAA by anyone other 

than the requesting department, agency, 

or instrumentality will not be accepted 

and will not be processed. In addition, 

the senior official signing the letter 

requesting FAA approval on behalf of 

the requesting department, agency, or 

instrumentality must be sufficiently 

highly placed within his or her 

organization to demonstrate that the 

senior leadership of the requesting 

department, agency, or instrumentality 

supports the request for approval and is 

committed to taking all necessary steps 

to minimize operational risks to the 

proposed flights. The senior official 

must also be in a position to: (1) Attest 

to the accuracy of all representations 

made to the FAA in the request for 

approval and (2) ensure that any 

support from the requesting U.S. 

government department, agency, or 

instrumentality described in the request 

for approval is in fact brought to bear 

and is maintained over time. Unless 

justified by exigent circumstances, 

requests for approval must be submitted 

to the FAA no less than 30 calendar 

days before the date on which the 

requesting department, agency, or 

instrumentality wishes the proposed 

operations, if approved by the FAA, to 

commence. 

The letter must be sent by the 

requesting department, agency, or 

instrumentality 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 


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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 SFAR No. 115, § 91.1611, and/or 

for multiple flight operations. To the 

extent known, the letter must identify 

the person(s) covered under the SFAR 

on whose behalf the U.S. Government 

department, agency, or instrumentality 

seeks FAA approval, and it 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 the SFAR; 

• To the extent known, the specific 

locations in the specified areas of the 

Sanaa (OYSC) FIR where the proposed 

operation(s) will be conducted, 

including, but not limited to, the flight 

path and altitude of the aircraft while 

operating in the specified areas of the 

Sanaa (OYSC) FIR and the airports, 

airfields and/or landing zones at which 

the aircraft will take-off and land; 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 the 

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 

with whom its prime contractor has a 

subcontract(s)) for specific flight 

operations in the specified areas of the 

Sanaa (OYSC) FIR. Additional operators 

may be identified to the FAA at any 

time after the FAA approval is issued. 

However, all additional operators must 

be identified to the FAA, and must 

obtain the necessary operations 

specification (OpsSpec) or letter of 

authorization (LOA), as applicable, from 

the FAA, before such operators 

commence operations in the specified 

areas of the Sanaa (OYSC) FIR. Updated 

lists should be sent to the email address 

to be obtained from the Air 

Transportation Division by calling (202) 

267–8166. 

If an approval request includes 

classified information, requestors may 

contact Aviation Safety Inspector 

Michael Filippell 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 

SFAR No. 115, § 91.1611, 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 also 

comply with the conditions of their 

certificate, OpsSpecs, and LOAs, as 

applicable. Operators must further 

comply with all rules and regulations of 

other U.S. Government departments and 

agencies that may apply to the proposed 

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 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 conditions: 

(1) The 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) Before any approval takes effect, 

the operator must submit to the FAA: 

(a) A written release of the U.S. 

Government from all damages, claims, 

and liabilities, including without 

limitation legal fees and expenses, and 

(b) The operator’s agreement to 

indemnify the U.S. Government 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 specified areas of the 

Sanaa (OYSC) FIR; and 

(3) Other conditions that the FAA 

may specify, including those that may 

be imposed in OpsSpecs or LOAs, as 

applicable. 

The release and agreement to 

indemnify do not preclude an operator 

from raising a claim under an applicable 

non-premium war risk insurance policy 

issued by the FAA under chapter 443 of 

title 49, United States Code. 

If the proposed operation or 

operations are approved, the FAA will 

issue an OpsSpec or an LOA, as 

applicable, to the operator authorizing 

the operation or operations, and will 

notify the department, agency, or 

instrumentality that requested the 

FAA’s approval 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. 115, 

§ 91.1611, on whose behalf the 

department, agency, or instrumentality 

requests FAA approval. 

VI. Requests for Exemption 

Any operations not conducted under 

the approval process set forth 

previously must be conducted under an 

exemption from SFAR No. 115, 

§ 91.1611. A request by any person 

covered under SFAR No. 115, § 91.1611, 

for an exemption must comply with 14 

CFR part 11, and will require 

exceptional circumstances beyond those 

contemplated by the approval process 

set forth previously. In addition to the 

information required by 14 CFR 11.81, 

at a minimum, the requestor must 

describe in its submission to the FAA— 

• The proposed operation(s), 

including the nature of the operation; 

• The service to be provided by the 

person(s) covered by the SFAR; 

• The specific locations in the 

specified areas of the Sanaa (OYSC) FIR 

where the proposed operation(s) will be 

conducted, including, but not limited 

to, the flight path and altitude of the 

aircraft while operating in the specified 

areas of the Sanaa FIR and the airports, 

airfields and/or landing zones at which 

the aircraft will take-off and land; 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 that may be issued under 

SFAR No. 115, § 91.1611. 

The FAA recognizes that operations 

that may be affected by SFAR No. 115, 

§ 91.1611, 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 any private exemption 

requests. 

VII. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 


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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 (Pub. L. 96–354), 

as codified in 5 U.S.C. 603 et seq., 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act of 1979 (Pub. L. 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 (Pub. L. 

104–4), as codified in 2 U.S.C. Chapter 

25, 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 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 final rule. The reasoning for this 

determination follows: 

This SFAR No. 115, § 91.1611, 

prohibits flight operations by persons 

described in paragraph (a) in the 

specified areas of the Sanaa (OYSC) FIR 

due to the significant hazards to civil 

aviation described in the Background 

section of this rule. This regulation 

incorporates into the Code of Federal 

Regulations the prohibition on flight 

operations issued by the FAA in FDC 

NOTAM 5/5575 on May 22, 2015, and 

continued in KICZ NOTAM A0036/15, 

which was issued on November 25, 

2015. An FAA review, conducted in 

April 2015, of 56 part 121, 121/135, 135, 

125, 125M, and 91K operators that held 

an OpsSpec B450 for Yemen, with 49 

responding, found just four operators 

that had overflown Yemen since January 

1, 2015; two of the four operators 

overflew Yemen just once. None of the 

responding operators had flown into or 

out of Yemen since January 1, 2015. A 

search of FAA and Bureau of 

Transportation Statistics (BTS) 

operations records in May 2015 showed 

no additional activity by U.S. civil 

operators in the Sanaa (OYSC) FIR. 

Moreover, under this final rule, a U.S. 

Government department, agency, or 

instrumentality may apply on an 

operator’s behalf for FAA approval to 

conduct operations under a contract or 

subcontract, grant, or cooperative 

agreement with that department, 

agency, or instrumentality. Accordingly, 

the FAA believes the incremental costs 

of this final rule will be minimal. These 

minimal costs will be exceeded by the 

benefits of avoiding the deaths or 

property damage that could result from 

a U.S. operator’s aircraft being shot 

down (or otherwise damaged) while 

operating in the specified areas of the 

Sanaa (OYSC) FIR. 

In conducting these analyses, FAA 

has determined that 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 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. 

B. 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, 

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. 

Based on the above-referenced FAA 

review and additional FAA check of 

FAA and BTS operations records, the 

FAA finds the rule will impose no more 

than minimal costs. Therefore, as 

provided in section 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. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), 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 effect of 

this final rule and determined that its 

purpose is to protect U.S. civil aviation 

from a hazard outside the U.S. 

Therefore, the rule is in compliance 

with the Trade Agreements Act. 

D. 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 

$155.0 million in lieu of $100 million. 


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Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 731 

This final rule does not contain such 

a mandate; therefore, the requirements 

of Title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) 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 final 

rule. 

F. International Compatibility and 

Cooperation 

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 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to this regulation. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act (NEPA) in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6f of this order and 

involves no extraordinary 

circumstances. 

The FAA has reviewed the 

implementation of this SFAR and 

determined it is categorically excluded 

from further environmental review 

according to FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ paragraph 5–6.6f. The 

FAA has examined possible 

extraordinary circumstances and 

determined that no such circumstances 

exist. After careful and thorough 

consideration of the action, the FAA 

finds that this Federal action does not 

require preparation of an Environmental 

Assessment or Environmental Impact 

Statement in accordance with the 

requirements of NEPA, Council on 

Environmental Quality (CEQ) 

regulations, and FAA Order 1050.1F. 

VIII. 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 would 

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, 

would 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 this rule would not be 

a ‘‘significant energy action’’ under the 

executive order and would not be 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 

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. 

IX. Additional Information 

A. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from 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 

Publishing Office’s Web page at http:// 

www.fdsys.gov. 

Copies may also be obtained by 

sending a request (identified by 

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) 267–9677. 

Except for classified material, all 

documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed from the 

Internet through the Federal 

eRulemaking Portal referenced above. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) 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

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit 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, 

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), 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 § 91.1611 

to read as follows: 

§ 91.1611 Special Federal Aviation 

Regulation No. 115—Prohibition Against 

Certain Flights in Specified Areas of the 

Sanaa (OYSC) Flight Information Region 

(FIR). 

(a) Applicability. This Special Federal 

Aviation Regulation (SFAR) 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 when such persons 

are operating U.S.-registered aircraft for 

a foreign air carrier; and 

(3) All operators of U.S.-registered 

civil aircraft, except where the operator 

of such aircraft is a foreign air carrier. 

(b) Flight prohibition. Except as 

provided in paragraphs (c) and (d) of 


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732 Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Rules and Regulations 

this section, no person described in 

paragraph (a) of this section may 

conduct flight operations in the Sanaa 

(OYSC) Flight Information Region (FIR), 

excluding that airspace east and 

southeast of a line drawn direct from 

KAPET (163322N 0530614E) to NODMA 

(152603N 0533359E), then direct from 

NODMA to PAKER (115500N 

0463500E). 

(c) Permitted operations. This section 

does not prohibit persons described in 

paragraph (a) of this section from 

conducting flight operations in the 

Sanaa (OYSC) FIR in that airspace west 

and northwest of a line drawn direct 

from KAPET (163322N 0530614E) to 

NODMA (152603N 0533359E), then 

direct from NODMA to PAKER 

(115500N 0463500E), 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 subject to paragraph (a)), with 

the approval of the FAA, 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 14 CFR part 119, 

121, 125, or 135, each person who 

deviates from this section must, within 

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 January 7, 2018. The FAA 

may amend, rescind, or extend this 

SFAR as necessary. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f), 40101(d)(1), 

40105(b)(1)(A), and 44701(a)(5), on December 

24, 2015. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2015–33258 Filed 1–6–16; 8:45 am] 

BILLING CODE 4910–13–P 


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