Rule2023-20530
Extension of the Prohibition Against Certain Flights in the Sanaa Flight Information Region (FIR) (OYSC)
Primary source
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Published
September 22, 2023
Effective
September 22, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 183 (Friday, September 22, 2023)</title>
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[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65319-65320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20530]
[[Page 65319]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2015-8672; Amdt. No. 91-340D]
RIN 2120-AL69
Extension of the Prohibition Against Certain Flights in the Sanaa
Flight Information Region (FIR) (OYSC)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; technical amendment.
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SUMMARY: On December 7, 2021, the Federal Aviation Administration (FAA)
published a final rule in the Federal Register to extend the Special
Federal Aviation Regulation (SFAR) prohibiting certain flights in the
specified areas of the Sanaa Flight Information Region (FIR) (OYSC) by
all: U.S. air carriers; U.S. commercial operators; persons exercising
the privileges of an airman certificate issued by the FAA, except when
such persons are operating U.S.-registered aircraft for a foreign air
carrier; and operators of U.S.-registered civil aircraft, except when
the operator of such aircraft is a foreign air carrier. Subsequently,
the FAA became aware that the International Civil Aviation Organization
(ICAO) amended waypoints the FAA uses to demarcate the boundary between
the airspace in which U.S. operators are prohibited from conducting
operations and the airspace in which U.S. operators are permitted to
operate. The FAA is publishing this technical amendment to update its
regulations to reflect the current waypoint names and locations.
DATES: This final rule is effective on September 22, 2023.
FOR FURTHER INFORMATION CONTACT: Bill Petrak, Air Transportation
Division, Flight Standards Service, through the Washington Operations
Center, Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone (202) 267-3203; email <a href="/cdn-cgi/l/email-protection#c5fce8838484e88ab3a0b7b6a0a4b683a9aca2adb195b7aaadaca7acb1acaaabb685a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="370e1a7176761a7841524544525644715b5e505f436745585f5e555e435e5859447751565619505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Good Cause for Immediate Adoption
Section 553(b)(B) of title 5, U.S. Code, authorizes agencies to
dispense with notice and comment procedures for rules when the agency
for ``good cause'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Also, section 553(d)
permits agencies, upon a finding of good cause, to issue rules with an
effective date less than 30 days from the date of publication. In this
instance, the FAA finds good cause to forgo notice and comment and the
delayed effective date because they would be unnecessary.
This action is a technical amendment that is limited to updating
existing regulations to reflect the current waypoint names and
locations. The amendment will not impose any additional substantive
restrictions or requirements on the persons affected by these
regulations and the FAA finds that notice and public comment under 5
U.S.C. 553(b) is unnecessary. For the same reason, the FAA finds that
good cause exists under 5 U.S.C. 553(d) for making this rule effective
in less than 30 days.
Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.
II. Background
On December 7, 2021, the FAA published a final rule \1\ in the
Federal Register extending the prohibition against certain flights in
the specified areas of the Sanaa FIR (OYSC) by all: U.S. air carriers;
U.S. commercial operators; persons exercising the privileges of an
airman certificate issued by the FAA, except when such persons are
operating U.S.-registered aircraft for a foreign air carrier; and
operators of U.S.-registered civil aircraft, except when the operator
of such aircraft is a foreign air carrier. Specifically, that final
rule continued to prohibit all persons described in paragraph (a) of
SFAR No. 115, title 14 Code of Federal Regulations (CFR), Sec.
91.1611, from conducting civil flight operations in the specified areas
of the Sanaa FIR (OYSC), as described in paragraph (b) of the rule,
until January 7, 2025, due to the significant, continuing safety-of-
flight risks to U.S. civil aviation operations in that airspace
associated with the conflict between the Saudi Arabian-led Coalition
(SLC) and Iranian-aligned Houthi forces.
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\1\ Extension of the Prohibition Against Certain Flights in
Specified Areas of the Sanaa Flight Information Region (FIR) (OYSC)
final rule, 86 FR 69167 (Dec. 7, 2021).
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Subsequently, the FAA became aware the International Civil Aviation
Organization (ICAO) Middle East Air Navigation Planning and
Implementation Regional Group approved an update to the Regional Air
Navigation Plan to amend certain waypoints. Some of the amendments
affected waypoints used by the FAA to demarcate the boundary between
the airspace in which U.S. operators are prohibited from conducting
operations and the airspace in which U.S. operators are permitted to
operate. To address the amendments of waypoints, this technical
amendment identifies the new waypoint names and locations to clarify
where U.S. operators are prohibited from conducting operations due to
flight safety risks associated with the conflict in Yemen and where
they are permitted to operate.
The following table lists the changes being made.
Table 1--Previous and Current Waypoint Names and Locations
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Previous waypoint name Previous location Current waypoint name Current location
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KAPET.................................. 163322N 0530614E KAPET..................... 163322N 0530614E
NODMA.................................. 152603N 0533359E NODMA..................... 152603N 0533359E
ORBAT.................................. 140638N 0503924E IMPAG..................... 140638N 0503924E
PAKER.................................. 115500N 0463500E TIMAD..................... 115500N 0463500E
PARIM.................................. 123142N 0432712E PARIM..................... 123200N 0432720E
RIBOK.................................. 154700N 0415230E RIBOK..................... 154700N 0415230E
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The FAA notes that the updated Regional Air Navigation Plan
relocated the waypoint PARIM slightly, from 123142N 0432712E to 123200N
0432720E. The FAA has determined that this minor change in the location
of the PARIM waypoint does not alter the FAA's assessment that PARIM is
an appropriate waypoint to use to
[[Page 65320]]
demarcate the boundary between the airspace where U.S. operators are
prohibited from conducting operations due to flight safety risks
associated with the conflict in Yemen and where they are permitted to
operate, as the inadvertent risk emanating from potential air defense
operations is primarily confined to Yemen's land territory.
III. Technical Amendment
Consistent with the foregoing:
Prohibited Operations. U.S. civil aviation operations remain
prohibited in the Sanaa FIR (OYSC) in that airspace west of a line
drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E),
northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E)
then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn
direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303
is not authorized.
Permitted Operations. U.S. civil aviation operations remain
permitted in the Sanaa FIR (OYSC) in that airspace east of a line drawn
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E),
southeast of a line drawn direct from NODMA to IMPAG (140638N 0503924E)
then from IMPAG to TIMAD (115500N 0463500E), south of a line drawn
direct from TIMAD to PARIM (123200N 0432720E), and west of a line drawn
direct from PARIM to RIBOK (154700N 0415230E). Use of jet routes UT702
and M999 are authorized.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Yemen.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations, as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C.
44703 note); articles 12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
2. Amend Sec. 91.1611 by revising paragraphs (b) and (c) to read as
follows:
Sec. 91.1611 Special Federal Aviation Regulation No. 115--
Prohibition Against Certain Flights in Specified Areas of the Sanaa
Flight Information Region (FIR) (OYSC).
* * * * *
(b) Flight prohibition. Except as provided in paragraphs (c) and
(d) of this section, no person described in paragraph (a) of this
section may conduct flight operations in the portion of the Sanaa
Flight Information Region (FIR) (OYSC) that is west of a line drawn
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E),
northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E)
then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn
direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303
is not authorized.
(c) Permitted operations. This section does not prohibit persons
described in paragraph (a) of this section from conducting flight
operations in the Sanaa FIR (OYSC) under the following circumstances:
(1) Permitted operations that do not require an approval or
exemption from the FAA. Flight operations may be conducted in the Sanaa
FIR (OYSC) in that airspace east of a line drawn direct from KAPET
(163322N 0530614E) to NODMA (152603N 0533359E), southeast of a line
drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to
TIMAD (115500N 0463500E), south of a line drawn direct from TIMAD to
PARIM (123200N 0432720E), and west of a line drawn direct from PARIM to
RIBOK (154700N 0415230E). Use of jet routes UT702 and M999 are
authorized. All flight operations conducted under this subparagraph
must be conducted subject to the approval of, and in accordance with
the conditions established by, the appropriate authorities of Yemen.
(2) Operations permitted under an approval or exemption issued by
the FAA. Flight operations may be conducted in the Sanaa FIR (OYSC) in
that airspace west of a line drawn direct from KAPET (163322N 0530614E)
to NODMA (152603N 0533359E), northwest of a line drawn direct from
NODMA to IMPAG (140638N 0503924E) then from IMPAG to TIMAD (115500N
0463500E), north of a line drawn direct from TIMAD to PARIM (123200N
0432720E), and east of a line drawn direct from PARIM to RIBOK (154700N
0415230E) if such flight operations are conducted under a contract,
grant, or cooperative agreement with a department, agency, or
instrumentality of the U.S. Government (or under a subcontract between
the prime contractor of the U.S. Government department, agency, or
instrumentality and the person subject to paragraph (a)), with the
approval of the FAA, or under an exemption issued by the FAA. The FAA
will consider requests for approval or exemption in a timely manner,
with the order of preference being: First, for those operations in
support of U.S. Government-sponsored activities; second, for those
operations in support of government-sponsored activities of a foreign
country with the support of a U.S. government department, agency, or
instrumentality; and third, for all other operations.
* * * * *
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on
September 15, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-20530 Filed 9-21-23; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on September 22, 2023.
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