Rule2022-20316
Extension of the Prohibition Against Certain Flights in the Tehran Flight Information Region (FIR) (OIIX)
Primary source
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Published
September 20, 2022
Effective
September 20, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends, for an additional two years, the prohibition against certain flight operations in the Tehran Flight Information Region (FIR) (OIIX) 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. The FAA finds this action to be necessary to address continuing hazards to persons and aircraft engaged in such flight operations. The FAA also republishes, with minor administrative revisions, the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs.
Full Text
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<title>Federal Register, Volume 87 Issue 181 (Tuesday, September 20, 2022)</title>
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[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57379-57384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20316]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2020-0874; Amdt. No. 91-359A]
RIN 2120-AL75
Extension of the Prohibition Against Certain Flights in the
Tehran Flight Information Region (FIR) (OIIX)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This action extends, for an additional two years, the
prohibition against certain flight operations in the Tehran Flight
Information Region (FIR) (OIIX) 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. The FAA finds this action to be
necessary to address continuing hazards to persons and aircraft engaged
in such flight operations. The FAA also republishes, with minor
administrative revisions, the approval process and exemption
information for this Special Federal Aviation Regulation (SFAR),
consistent with other recently published flight prohibition SFARs.
DATES: This final rule is effective on September 20, 2022.
FOR FURTHER INFORMATION CONTACT: Bill Petrak, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone 202-267-8166; email:
<a href="/cdn-cgi/l/email-protection#a2c0cbcece8cd2c7d6d0c3c9e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="1f7d767373316f7a6b6d7e745f797e7e31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This action extends the expiration date of Special Federal Aviation
Regulation (SFAR) No. 117, title 14 Code of Federal Regulations (CFR),
91.1617, from October 31, 2022, until October 31, 2024. SFAR No. 117,
14 CFR 91.1617, prohibits certain flight operations in the Tehran FIR
(OIIX) 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.
Consistent with other recently published flight prohibition SFARs, this
action also republishes, with minor administrative revisions, the
approval process and exemption information for this SFAR for
consistency with other recently-published flight prohibition SFARs.
II. Authority and Good Cause
A. Authority
The FAA is responsible for the safety of flight in the U.S. and for
the safety of U.S. civil operators, U.S.-registered civil aircraft, and
U.S.-certificated airmen throughout the world. Sections 106(f) and (g)
of title 49, U.S. Code (U.S.C.), subtitle I, establish the FAA
Administrator's authority to issue rules on aviation safety. 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,
[[Page 57380]]
assigning, maintaining, and enhancing safety and security as the
highest priorities in air commerce. Section 40105(b)(1)(A) requires the
Administrator to exercise this authority consistently with the
obligations of the U.S. Government under international agreements.
The FAA is promulgating this rule under the authority described in
49 U.S.C. 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 the FAA's authority because it
continues to prohibit the persons described in paragraph (a) of SFAR
No. 117, Sec. 91.1617, from conducting flight operations in the Tehran
FIR (OIIX) due to the continuing hazards to the safety of U.S. civil
flight operations, as described in the preamble to this final rule.
B. 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.'' 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 because
notice and comment would be impracticable and contrary to the public
interest. In addition, it is contrary to the public interest to allow
this SFAR to expire.
The risk environment for U.S. civil aviation in airspace managed by
other countries with respect to safety of flight is fluid in
circumstances involving weapons capable of targeting or otherwise
negatively affecting U.S. civil aviation, as well as other hazards to
U.S. civil aviation associated with fighting, extremist or militant
activity, or heightened tensions. This fluidity and the need for the
FAA to rely upon classified information in assessing these risks makes
providing notice and opportunity to comment impracticable and contrary
to the public interest. The potential for rapid changes in the risks to
U.S. civil aviation significantly limits how far in advance of a new or
amended flight prohibition the FAA can usefully assess the risk
environment. Furthermore, to the extent that these rules and any
amendments are based upon classified information, the FAA cannot share
such information with the general public. As a result, engaging in
notice and comment would be impracticable.
Additionally, it is crucial that the FAA's flight prohibitions, and
any amendments thereto, reflect the agency's current understanding of
the risk environment for U.S. civil aviation. This allows the FAA to
protect the safety of U.S. operators' aircraft and the lives of their
passengers and crews without over-restricting U.S. operators' routing
options. The delay that would be occasioned by providing an opportunity
to comment on this action would mean that the resulting final action
would not be based on the latest information about aviation risk in a
fluid environment.
As described in the preamble to this rule, extending the flight
prohibition for U.S. civil aviation operations in the Tehran FIR (OIIX)
is necessary due to continuing safety-of-flight hazards associated with
the ongoing risk of misidentification of civil aircraft in an
environment of continued heightened tensions in the region, as well as
the risks to civil aircraft from unannounced military activities,
including ballistic missile launches and unmanned aircraft systems
(UAS) operations, in the region.
Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.
III. Background and Discussion of the Final Rule
The FAA originally issued SFAR No. 117, 14 CFR 91.1617, after Iran
conducted retaliatory ballistic missile strikes targeting U.S. air
bases in Iraq on January 7, 2020, following the death of Iranian
Revolutionary Guard Corps (IRGC) Quds Force Commander Qassem Soleimani
in a U.S. airstrike.\1\ Due to the heightened military activities in
the region at that time, including the heightened alert status of
Iranian military forces, and elevated political tensions in the Middle
East, which included the potential for further escalation, the FAA
determined an unacceptable risk to U.S. civil aviation existed in the
Baghdad FIR (ORBB), the Tehran FIR (OIIX), and the overwater areas of
the Persian Gulf and the Gulf of Oman due to the potential for
miscalculation or misidentification.
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\1\ See Prohibition Against Certain Flights in the Tehran Flight
Information Region (FIR) (OIIX) final rule, 85 FR 68435, Oct. 29,
2020.
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To address these immediate safety-of-flight hazards, on January 7,
2020, UTC, the FAA issued Notices-to-Airmen (NOTAMs) KICZ A0001/20,
A0002/20, and A0003/20, which prohibited U.S. civil flight operations
in the Baghdad FIR (ORBB), the Tehran FIR (OIIX), and the overwater
airspace above the Persian Gulf and the Gulf of Oman, respectively.\2\
Unfortunately, within hours after the FAA issued NOTAM KICZ A0002/20,
Iranian air defense forces accidentally shot down Ukraine International
Airlines Flight 752 (PS 752), shortly after its departure from Tehran
Imam Khomeini International Airport (OIIE). These forces apparently
misidentified the aircraft, which was conducting a regularly scheduled
passenger flight, as a missile threat. There were no survivors out of
the 176 passengers and crew.
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\2\ SFAR No. 117, 14 CFR 91.1617, and this rulemaking action are
limited in scope to the Tehran FIR (OIIX).
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Following this tragedy, there was uncertainty about how long the
hazards to civil aviation in the Tehran FIR (OIIX) would persist;
whether Iran would be transparent in its investigation into the downing
of PS 752; and whether Iran would implement changes in its air defense
command and control procedures, airspace de-confliction processes, and
rules of engagement for air defense engagements to reduce the risk of
further tragedies sufficiently to allow for safe U.S. civil aviation
operations in the Tehran FIR (OIIX).
The FAA continues to assess the situation in the Tehran FIR (OIIX)
as presenting an unacceptable risk to the safety of U.S. civil
aviation. Heightened regional tensions remain. The FAA has received no
information indicating that Iran has implemented changes to its air
defense command and control procedures, airspace de-confliction
procedures, and rules of engagement that sufficiently diminish the risk
of another accidental shoot down of a civil aircraft by Iranian air
defense units in the Tehran FIR (OIIX) during the current or future
periods of heightened tensions for U.S. civil aviation operations to
resume safely.
Additionally, when the FAA initially issued SFAR No. 117, Sec.
91.1617, the agency was also concerned about the wide array of military
activities occurring in, emanating from, or transiting the Tehran FIR
(OIIX), in an environment of heightened regional tensions. There was
the potential for Iranian ballistic missile fire from western Iran
targeting Islamic State of Iraq and ash-Sham (ISIS) and Kurdish
opposition groups located in the region, as had occurred in September
2018 and June 2017. Iran had also conducted
[[Page 57381]]
multiple ballistic missile test launches in the Tehran FIR (OIIX). To
the FAA's knowledge, Iran had not issued a NOTAM or other aeronautical
information to warn civil aircraft operators of the potential hazard to
their operations prior to these missile launches. Additionally, the FAA
assessed a potential inadvertent risk to U.S. civil aviation operations
in the Tehran FIR (OIIX) from Iranian-fielded Global Positioning System
(GPS) and communication jammers continued to exist. These circumstances
further contributed to the unacceptable risk environment for U.S. civil
aviation in the Tehran FIR (OIIX).
The FAA has continued concerns regarding the potential for
unannounced Iranian ballistic missile fire, as well as UAS activity,
originating from western Iran and targeting sites in the region. Such
activity presents safety-of-flight hazards to civil aviation and
airspace de-confliction challenges. On March 12, 2022, up to twelve
Fateh-110 surface-to-surface ballistic missiles launched from western
Iran and impacted near the construction site of the new U.S. consulate
in Erbil, Iraq, and Erbil International Airport (ORER). Iranian
officials claimed responsibility for the ballistic missile attack,
allegedly carried out in response to the loss of two IRGC officials in
an alleged third-party airstrike in Syria. Nearly 48 hours after the
March 12, 2022 missile strikes on targets in Erbil, Iran issued a
NOTAM, OIIX A0961/22, which stated ``All military activity will perform
with close cooperation by civil authorities and according to risk
analysis results, the launch site and its related activities are clear
and with the safe distance from all ATS route, CTR, TMA and CTA.'' \3\
The timing of this NOTAM, following closely after the missile launches,
raises concerns that its issuance may have been an attempt to allay the
safety concerns of the international civil aviation community and may
not accurately reflect Iran's processes and procedures for safeguarding
civil aviation operations during military activities, such as missile
launches.
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\3\ The following acronyms used in the Iranian NOTAM are common
International Civil Aviation Organization (ICAO) acronyms that refer
to aspects of airspace structure:
``ATS'' means ``air traffic service,''
``CTR'' means ``control traffic region,''
``TMA'' means ``traffic management area,'' and
``CTA'' means ``control area.''
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Therefore, as a result of the significant, continuing risks to the
safety of U.S. civil aviation operations in the Tehran FIR (OIIX), the
FAA extends the expiration date of SFAR No. 117, Sec. 91.1617, from
October 31, 2022, until October 31, 2024.
Further amendments to SFAR No. 117, Sec. 91.1617, might be
appropriate if the risk to U.S. civil aviation safety and security
changes. In this regard, the FAA will continue to monitor the situation
and evaluate the extent to which persons described in paragraph (a) of
SFAR No. 117, Sec. 91.1617, might be able to operate safely in the
Tehran FIR (OIIX).
The FAA also republishes the details concerning the approval and
exemption processes in Sections IV and V of this preamble, consistent
with other recently published flight prohibition SFARs, to enable
interested persons to refer to this final rule for comprehensive
information about requesting relief from the FAA from the provisions of
SFAR No. 117, Sec. 91.1617.
IV. Approval Process Based on a Request From a Department, Agency, or
Instrumentality of the United States Government
A. Approval Process Based on an Authorization Request From a
Department, Agency, or Instrumentality of the United States Government
In some instances, U.S. Government departments, agencies, or
instrumentalities may need to engage U.S. civil aviation to support
their activities in the Tehran FIR (OIIX). If a department, agency, or
instrumentality of the U.S. Government determines that it has a
critical need to engage any person described in paragraph (a) of SFAR
No. 117, Sec. 91.1617, including a U.S. air carrier or commercial
operator, to transport civilian or military passengers or cargo or
conduct other operations in the Tehran FIR (OIIX), that department,
agency, or instrumentality may request the FAA to approve persons
described in paragraph (a) of SFAR No. 117, Sec. 91.1617, to conduct
such operations.
The requesting U.S. Government department, agency, or
instrumentality must submit the request for approval to the FAA's
Associate Administrator for Aviation Safety in a letter signed by an
appropriate senior official of the requesting department, agency, or
instrumentality.\4\ The FAA will not accept or consider requests for
approval from anyone other than the requesting U.S. Government
department, agency, or instrumentality. In addition, the senior
official signing the letter requesting FAA approval must be
sufficiently positioned within the requesting department, agency, or
instrumentality to demonstrate that the organization's senior
leadership supports the request for approval and is committed to taking
all necessary steps to minimize aviation safety and security 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,
requesting U.S. Government departments, agencies, or instrumentalities
must submit requests for approval to the FAA no less than 30 calendar
days before the date on which the requesting department, agency, or
instrumentality wishes the operator(s) to commence the proposed
operation(s).
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\4\ This approval procedure applies to U.S. Government
departments, agencies, or instrumentalities; it does not apply to
the public. The FAA describes this procedure in the interest of
providing transparency with respect to the FAA's process for
interacting with U.S. Government departments, agencies, or
instrumentalities that seek to engage U.S. civil aviation to operate
in the area in which this SFAR would prohibit their operations in
the absence of specific FAA approval.
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The requestor must send the request to the Associate Administrator
for Aviation Safety, 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 FAA grants the request for approval.
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 described in SFAR No. 117, Sec. 91.1617, or for multiple
flight operations. To the extent known, the letter must identify the
person(s) the requester expects the SFAR to cover on whose behalf the
U.S. Government department, agency, or instrumentality seeks FAA
approval, and it must describe--
<bullet> The proposed operation(s), including the nature of the
mission being supported;
<bullet> The service the person(s) covered by the SFAR will
provide;
<bullet> To the extent known, the specific locations in the Tehran
FIR (OIIX) where the proposed operation(s) will occur, including, but
not limited to, the flight path and altitude of the aircraft while it
is operating in the Tehran FIR (OIIX) and the airports, airfields, or
landing zones at which the aircraft will take off and land; and
[[Page 57382]]
<bullet> The method by which the requesting 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 (i.e., the pre-mission planning and briefing, in-
flight, and post-flight phases).
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 Tehran FIR (OIIX). The requestor
may identify additional operators to the FAA at any time after the FAA
issues its approval. Neither the operators listed in the original
request, nor any operators the requestor subsequently seeks to add to
the approval, may commence operations under the approval until the FAA
issues them an Operations Specification (OpSpec) or Letter of
Authorization (LOA), as appropriate, for operations in the Tehran FIR
(OIIX). The approval conditions discussed below apply to all operators.
Requestors should send updated lists to the email address they obtain
from the Air Transportation Division by calling (202) 267-8166.
If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Bill Petrak for instructions on
submitting it to the FAA. His contact information appears in the FOR
FURTHER INFORMATION CONTACT section of this final rule.
FAA approval of an operation under SFAR No. 117, Sec. 91.1617,
does not relieve persons subject to this SFAR of the responsibility to
comply with all other applicable FAA rules and regulations. Operators
of civil aircraft must comply with the conditions of their
certificates, OpSpecs, and LOAs, as applicable. Operators must also
comply with all rules and regulations of other U.S. Government
departments, agencies, or instrumentalities that may apply to the
proposed operation(s), including, but not limited to, regulations
issued by the Transportation Security Administration.
B. Approval Conditions
If the FAA approves the request, the FAA's Aviation Safety
organization will send an approval letter to the requesting U.S.
Government 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, relating to any event arising out of or related to the
approved operations in the Tehran FIR (OIIX); and
(b) The operator's written 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 out of or related to the approved
operations in the Tehran FIR (OIIX).
(3) Other conditions the FAA may specify, including those the FAA
might impose in OpSpecs 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 the FAA issues under chapter 443 of title 49, U.S. Code.
If the FAA approves the proposed operation(s), the FAA will issue
an OpSpec or LOA, as applicable, to the operator(s) identified in the
original request and any operators the requestor subsequently adds to
the approval, authorizing them to conduct the approved operation(s). In
addition, as stated in paragraph (3) of this section IV.B, the FAA
notes that it may include additional conditions beyond those contained
in the approval letter in any OpSpec or LOA associated with a
particular operator operating under this approval, as necessary in the
interests of aviation safety. U.S. Government departments, agencies,
and instrumentalities requesting FAA approval on behalf of entities
with which they have a contract or subcontract, grant, or cooperative
agreement should request a copy of the relevant OpSpec or LOA directly
from the entity with which they have any of the foregoing types of
arrangements, if desired.
V. Information Regarding Petitions for Exemption
Any operations not conducted under an approval the FAA issues
through the approval process set forth previously may only occur in
accordance with an exemption from SFAR No. 117, Sec. 91.1617. A
petition for exemption must comply with 14 CFR part 11. The FAA will
consider whether exceptional circumstances exist beyond those described
in the approval process in the previous section. To determine whether a
petition for exemption from the prohibition this SFAR establishes
fulfills the standard of 14 CFR 11.81, the FAA consistently finds
necessary the following information:
<bullet> The proposed operation(s), including the nature of the
operation;
<bullet> The service the person(s) covered by the SFAR will
provide;
<bullet> The specific locations in the Tehran FIR (OIIX) where the
proposed operation(s) will occur, including, but not limited to, the
flight path and altitude of the aircraft while it is operating in the
Tehran FIR (OIIX) and the airports, airfields, or landing zones at
which the aircraft will take off and land;
<bullet> 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
(i.e., the pre-mission planning and briefing, in-flight, and post-
flight phases); and
<bullet> The plans and procedures the operator will use to minimize
the risks identified in this preamble to the proposed operations, to
support the relief sought and demonstrate that granting such relief
would not adversely affect safety or would provide a level of safety at
least equal to that provided by this SFAR. The FAA has found
comprehensive, organized plans and procedures of this nature to be
helpful in facilitating the agency's safety evaluation of petitions for
exemption from flight prohibition SFARs.
The FAA includes, as a condition of each such exemption it issues,
a release and agreement to indemnify, as described previously.
The FAA recognizes that, with the support of the U.S. Government,
the governments of other countries could plan operations that may be
affected by SFAR No. 117, Sec. 91.1617. While the FAA will not permit
these operations through the approval process, the FAA will consider
exemption requests for such operations on an expedited basis and in
accordance with the order of preference set forth in paragraph (c) of
SFAR No. 117, Sec. 91.1617.
If a petition for exemption includes information that is sensitive
for security reasons or proprietary information, requestors may contact
Aviation Safety Inspector Bill Petrak for instructions on submitting it
to the FAA. His contact information is listed in the FOR FURTHER
INFORMATION CONTACT section of this final rule.
[[Page 57383]]
VI. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. 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 codified in 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 base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
In conducting these analyses, the FAA has determined this final
rule has benefits that justify its costs. This rule is a significant
regulatory action, as defined in section 3(f) of Executive Order 12866,
as it raises novel policy issues contemplated under that Executive
order. As 5 U.S.C. 553 does not require notice and comment for this
final rule, 5 U.S.C. 603 and 604 do not require regulatory flexibility
analyses regarding impacts on small entities. This rule will not create
unnecessary obstacles to the foreign commerce of the United States.
This rule will not impose an unfunded mandate on State, local, or
tribal governments, or on the private sector, by exceeding the
threshold identified previously.
A. Regulatory Evaluation
This rule prohibits U.S. civil flights in the Tehran FIR (OIIX) due
to the significant hazards to U.S. civil aviation described in this
preamble. The alternative flight routes result in some additional fuel
and operations costs to the operators, as well as some costs attributed
to passenger time. Accordingly, the incremental costs of the extension
of this SFAR are minimal. By continuing to prohibit unsafe flights, the
benefits of this rule will exceed the minimal flight deviation costs.
Therefore, the FAA finds that the incremental costs of extending SFAR
No. 117, 14 CFR 91.1617, will be minimal and are exceeded by the
benefits of avoided risk of deaths, injuries, and property damage that
could occur if a U.S. operator's aircraft were shot down (or otherwise
damaged) while operating in the Tehran FIR (OIIX).
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever 5 U.S.C. 553 or any other law
requires an agency to publish a general notice of proposed rulemaking
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to
prepare a final regulatory flexibility analysis when an agency issues a
final rule under 5 U.S.C. 553 after that section or any other law
requires publication of a general notice of proposed rulemaking. The
FAA concludes good cause exists to forgo notice and comment and to not
delay the effective date for this rule. As 5 U.S.C. 553 does not
require notice and comment in this situation, 5 U.S.C. 603 and 604
similarly do not require regulatory flexibility analyses.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 risks to their operations in the Tehran FIR (OIIX), a
location outside the U.S. Therefore, the rule complies with the Trade
Agreements Act of 1979.
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 $165 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.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA to consider the impact of paperwork and other information
collection burdens it imposes on the public. The FAA has determined no
new requirement for information collection is associated with this
final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, the FAA's policy is to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined no ICAO Standards and Recommended Practices correspond to
this regulation. The FAA finds this action is fully consistent with the
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure the FAA exercises
its duties consistently with the obligations of the United States under
international agreements.
While the FAA's flight prohibition does not apply to foreign air
carriers, DOT codeshare authorizations prohibit foreign air carriers
from carrying a U.S. codeshare partner's code on a flight segment that
operates in airspace for which the FAA has issued a flight prohibition
for U.S. civil aviation. In addition, foreign air carriers and other
foreign operators may choose to avoid, or be advised or directed by
their civil aviation authorities to avoid, airspace for which the FAA
has issued a flight prohibition for U.S. civil aviation.
G. Environmental Analysis
The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions, and DOT Order
5610.1C, Paragraph 16. Executive Order 12114 requires the FAA to be
informed
[[Page 57384]]
of environmental considerations and take those considerations into
account when making decisions on major Federal actions that could have
environmental impacts anywhere beyond the borders of the United States.
The FAA has determined this action is exempt pursuant to Section 2-
5(a)(i) of Executive Order 12114 because it does not have the potential
for a significant effect on the environment outside the United States.
In accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8-6(c), the FAA has prepared a
memorandum for the record stating the reason(s) for this determination
and has placed it in the docket for this rulemaking.
VII. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132. The agency has determined 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.
Therefore, this rule will not have federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this rule under Executive Order 13211. The agency
has determined it is not a ``significant energy action'' under the
executive order and will 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 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 will have no
effect on international regulatory cooperation.
VIII. Additional Information
A. Electronic Access
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 docket for this
rulemaking.
Those documents may be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
using the docket number listed above. A copy of this rule will be
placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A copy may also be found at the FAA's
Regulations and Policies website at <a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
Copies may also be obtained 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) 267-9677.
Interested persons must identify the docket or amendment number of this
rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) (Pub. L. 104-121) (set forth as a note to 5 U.S.C. 601)
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 persons listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">http://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Iran.
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. 91.1617 by revising paragraph (e) to read as follows:
Sec. 91.1617 Special Federal Aviation Regulation No. 117--Prohibition
Against Certain Flights in the Tehran Flight Information Region (FIR)
(OIIX).
* * * * *
(e) Expiration. This SFAR will remain in effect until October 31,
2024. 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) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on or
about September 19, 2022.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-20316 Filed 9-19-22; 8:45 am]
BILLING CODE 4910-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.