Rule2025-04846
Extension of the Prohibition Against Certain Flights in the Territory and Airspace of Libya
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 20, 2025
Effective
March 19, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends the prohibition against certain flight operations in the territory and airspace of Libya 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 for an additional three years, from March 20, 2025, to March 20, 2028. The FAA finds this action necessary to address continuing risks to persons and aircraft engaged in such flight operations. The FAA also republishes the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Rules and Regulations]
[Pages 13070-13076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04846]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2011-0246; Amdt. No. 91-321G]
RIN 2120-AM03
Extension of the Prohibition Against Certain Flights in the
Territory and Airspace of Libya
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action extends the prohibition against certain flight
operations in the territory and airspace of Libya 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 for an additional three
years, from March 20, 2025, to March 20, 2028. The FAA finds this
action necessary to address continuing risks to persons and aircraft
engaged in such flight operations. The FAA also republishes 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 March 19, 2025.
FOR FURTHER INFORMATION CONTACT: Bill Petrak, 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#8cb5a1cacdcda1c3fae9feffe9edffcae0e5ebe4f8dcfee3e4e5eee5f8e5e3e2ffcceaededa2ebe3fa"><span class="__cf_email__" data-cfemail="d8e1f59e9999f597aebdaaabbdb9ab9eb4b1bfb0ac88aab7b0b1bab1acb1b7b6ab98beb9b9f6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This action extends the expiration date of SFAR No. 112, title 14
Code of Federal Regulations (14 CFR), 91.1603, from March 20, 2025, to
March 20, 2028. SFAR No. 112 prohibits certain flight operations in the
territory and airspace of Libya 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 necessary
to address the continuing unacceptable safety-of-flight risks to U.S.
civil aviation in the territory and airspace of Libya due to the
unstable political and security environment in Libya. Consistent with
other recently published flight prohibition SFARs, this action also
republishes the approval process and exemption information for this
flight prohibition SFAR.
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. Section 106(f) of title
49, U.S. Code (U.S.C.), subtitle I, establishes 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, 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. 112, Sec. 91.1603, from conducting flight operations in the
territory and airspace of Libya 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)(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 impracticable and contrary
to the public interest.
Providing notice and the opportunity for the public to comment here
would be impracticable. The FAA's flight prohibitions, and any
amendments thereto, need to include appropriate boundaries that 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 or under-restricting U.S. operators' routing options.
However, 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 fighting, violent extremist and militant
activity, or periods of heightened tensions, particularly where weapons
capable of targeting or otherwise negatively affecting U.S. civil
aviation are or may be present. This fluidity, and 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. The delay that would be
occasioned by providing an opportunity to comment on this action would
significantly increase the risk that the resulting final action would
not accurately reflect the current risks to
[[Page 13071]]
U.S. civil aviation associated with the situation and thus would not
establish boundaries for the flight prohibition commensurate with those
risks.
While the FAA sought and responded to public comments, the
boundaries of the area in which unacceptable risks to the safety of
U.S. civil aviation existed might change due to evolving military or
political circumstances; violent extremist and militant group activity;
the introduction, removal, or repositioning of more advanced anti-
aircraft weapon systems; or other factors. As a result, if the
situation improved while the FAA sought and responded to public
comments, the rule the FAA finalized might be over-restrictive,
unnecessarily limiting U.S. operators' routing options and potentially
causing them to incur unnecessary additional fuel and operations-
related costs, as well as potentially causing passengers to incur
unnecessarily some costs attributed to their time. Conversely, if the
situation deteriorated while the FAA sought and responded to public
comments, the rule the FAA finalized might be under-restrictive,
allowing U.S. civil aviation to continue operating in areas where
unacceptable risks to their safety had developed. Such an outcome would
endanger the safety of these aircraft, as well as their passengers and
crews, exposing them to unacceptable risks of death, injury, and
property damage that could occur if a U.S. operator's aircraft were
shot down (or otherwise damaged) while operating in the territory and
airspace of Libya.
Alternatively, if the FAA made changes to the area in which U.S.
civil aviation operations would be prohibited between a notice of
proposed rulemaking and a final rule due to changed conditions, the
version of the rule the public commented on would no longer reflect the
FAA's current assessment of the risk environment for U.S. civil
aviation.
In addition, seeking comment would be contrary to the public
interest because some of the rational basis for the rulemaking is based
upon classified information and controlled unclassified information not
authorized for public release. In order to meaningfully provide comment
on a proposal, the public would need access to the basis for the
agency's decision-making, which the FAA cannot provide. Disclosing
classified information or controlled unclassified information not
authorized for public release in order to seek meaningful comment on
the proposal would harm the public interest. Accordingly, the FAA
meaningfully seeking comment on the proposal is contrary to the public
interest.
Therefore, providing notice and the opportunity for comment would
be impracticable as it would hinder the FAA's ability to maintain
appropriate flight prohibitions based on up-to-date risk assessments of
the risks to the safety of U.S. civil aviation operations in airspace
managed by other countries. It would also be contrary to the public
interest, as the FAA cannot protect classified information and
controlled unclassified information not authorized for public release
and meaningfully seek public comment.
For the same reasons discussed above, the potential safety impacts
and the need for prompt action on up-to-date information that is not
public would make delaying the effective date impracticable and
contrary to the public interest.
Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.
III. Background
In its March 21, 2023, final rule amending and extending the
prohibition against certain flights in the territory and airspace of
Libya, the FAA continued to assess the situation in the territory and
airspace of Libya as hazardous for U.S. civil aviation.\1\
Representatives of the Libyan Army of the Government of National Accord
(GNA) and the Libyan National Army (LNA) General Command of the Armed
Forces signed a United Nations (UN)-backed ceasefire agreement on
October 23, 2020. Among other things, the October 2020 ceasefire
provided for: an immediate ceasefire, effective upon signature of the
agreement; the departure of all mercenaries and foreign fighters from
Libya, including its land, air, and sea territory; and the suspension
of all military training agreements and departure of all training crews
until a new unified government assumed its functions.
---------------------------------------------------------------------------
\1\ Prohibition Against Certain Flights in the Territory and
Airspace of Libya final rule, 88 FR 16871 (Mar. 21, 2023; effective,
Mar. 17, 2023). The FAA notes that, in its March 21, 2023, final
rule, the FAA assessed the risk to U.S. civil aviation operations in
the portions of the Tripoli FIR (HLLL) outside the territory and
airspace of Libya at altitudes below Flight Level (FL) 300 had
diminished and the situation had stabilized sufficiently to permit
U.S. civil aviation operations to resume in that airspace. Foreign
actors had significantly reduced weapons shipments and military
activities off the coast of Libya. Previously, these activities
included targeting suspected weapons shipments destined for the
opposing side or their foreign sponsors. As a result, the risk of
either side or their foreign sponsors misidentifying civil aircraft
operations in the overwater portion of the Tripoli FIR as carrying
weapons shipments destined for the other side or their foreign
sponsors and mistakenly targeting them had diminished. The reduction
of widespread conflict had also reduced the risk to U.S. civil
aviation operations in the small portion of the Tripoli FIR (HLLL)
that extends into Chad's territorial airspace. Therefore, due to the
diminished risks to the safety of U.S. civil aviation operations and
stabilized situation in those portions of the Tripoli FIR (HLLL)
outside the territory and airspace of Libya, the FAA amended SFAR
No. 112, 14 CFR 91.1603, to remove the prohibition on U.S. civil
aviation operations in those areas.
---------------------------------------------------------------------------
Between the October 2020 ceasefire agreement and the issuance of
the 2023 final rule, the FAA assessed combat operations in Libya had
significantly decreased, with only intermittent ground clashes between
opposing factions. In addition, Russian-backed Vagner Group (also
referred to as private military company (PMC) Wagner) had reduced the
number of its air defense systems and forces deployed in Libya, with
more than 1,300 Vagner personnel having departed the country. However,
protests and the intermittent clashes between the various armed
factions in Libya continued. Unrest in the capital, in particular, was
driven by militia infighting and multiple failed attempts by the
Government of National Stability (GNS) to enter Tripoli and contributed
to the lack of progress on key milestones set forth in the ceasefire
agreement.
When the FAA issued the 2023 final rule, the provisions of the
ceasefire agreement relating to departure of all mercenaries and
foreign fighters from Libya and the suspension of all military training
agreements and departure of all training crews until the Government of
National Unity (GNU) assumed its functions had not been fully
implemented. At the time the FAA issued the 2023 final rule, airspace
deconfliction challenges also remained a safety of flight concern in
the territory and airspace of Libya. Various armed groups operating in
Libya continued to have access to advanced anti-aircraft weapons
systems. The FAA assessed that these groups likely lacked comprehensive
airspace awareness sufficient to enable effective aircraft
identification and deconfliction of civil and military flights. These
circumstances created the potential for localized operational control
and use of anti-aircraft systems, rather than a coordinated air defense
command and control structure, posing an enduring inadvertent risk to
civil aviation operations in the territory and airspace of Libya. The
FAA assessed that forces aligned with the GNA and the LNA could quickly
increase force protection measures, such as global positioning system
(GPS) jamming, air strikes, and the deployment of surface-to-air
missile (SAM) systems capable of reaching as high as 49,000 feet. In
addition to
[[Page 13072]]
foreign-operated air defense capabilities, both GNA and LNA forces had
access to anti-aircraft artillery and advanced man-portable air defense
systems (MANPADS), some of which have a maximum altitude of 25,000
feet.
In August 2022, LNA air defense forces claimed to have shot down a
U.S. MQ-9 UAS operating in the vicinity of Benghazi during a period of
increased tensions and threats of renewed violence between competing
militias vying for control of Tripoli. The MQ-9 was operating in
support of diplomatic engagements, and the operator had conducted pre-
mission coordination with Libyan authorities. While this incident
involved a military UAS, it demonstrates the potential for inadequate
aircraft identification and deconfliction procedures leading to an
inadvertent shoot down. In addition, despite a reduction in foreign
presence, tensions in Libya remained elevated, and warring factions in
Libya and their affiliated foreign sponsors maintained access to
advanced weapons. Within their respective strongholds in various areas
of the country, Libya's armed factions had either gained access to, or
had foreign sponsors equipped with, tactical aircraft, long-range
weaponized UAS, air defense systems, and GPS jammers.
Given the tenuous security environment in Libya at the time, the
FAA remained concerned when it issued the 2023 final rule about the
continued risk of rapid escalation involving these systems during
spikes in tensions, which would pose safety-of-flight risks to U.S.
civil aviation outside the capital region. As a result of the
continuing unacceptable risks to the safety of U.S. civil aviation
operations in Libya's airspace at that time, the FAA maintained the
prohibition on U.S. civil aviation operations at all altitudes in the
territory and airspace of Libya and extended the expiration date of
SFAR No. 112, 14 CFR 91.1603, from March 20, 2023, until March 20,
2025.
IV. Discussion of the Final Rule
The FAA continues to assess the situation in the territory and
airspace of Libya as being hazardous for U.S. civil aviation. Since the
2023 final rule, U.S. civil aviation operations in Libya continue to be
exposed to safety of flight risks associated with political and
security instability and intermittent clashes between rival armed
factions, including as recently as December 2024. Despite attempts to
resolve the discord and implement the 2020 UN-brokered ceasefire
between factions aligned with the Tripoli-based, UN-recognized GNU and
the self-declared LNA based in eastern Libya, many terms of the
ceasefire agreement have not been fulfilled and tensions remain
elevated.
Prior to the 2020 ceasefire, forces supporting both the GNA, which
preceded the GNU, and the LNA employed indirect fire to strike
airfields and airports across northern Libya. Since the ceasefire, both
sides have employed manned and unmanned aircraft, SAMs, and/or MANPADs,
as well as electronic warfare capabilities, to target manned and
unmanned aircraft and to target or protect airfields/airports and other
strategic sites. Armed groups continue to compete for control of
critical infrastructure and resources, such as Tripoli's Mitiga
International Airport (HLLM), due to the facilities' strategic
importance and utility for military operations and facilitating
lucrative illicit activity. The political and security environment
continues to spur factional clashes, which have been observed as
recently as mid-December 2024, when clashes included rocket fire near
Zawiya oil refinery in western Libya.
The FAA also remains concerned about the adequacy of deconfliction
of anti-aircraft-capable weapons systems in the hands of various third
parties with civil air traffic in the territory and airspace of Libya.
Various third parties, including state actors such as Russia and
T[uuml]rkiye, continue to maintain a physical presence and operate
their own anti-aircraft-capable weapons systems in Libya; however, the
command and control of these systems, adequacy of airspace
deconfliction, and to what extent Libyan authorities are involved in
their employment is unclear. Russian private military contractors with
questionable training and likely limited access to a complete airspace
picture, operating advanced weapons systems--including anti-aircraft
capabilities outside of state control--further contribute to the
significant airspace deconfliction challenges and unacceptable level of
risk to civil aviation operations in Libya's territorial airspace.
Additionally, in 2024, foreign entities continued to deploy and
proliferate additional weapons systems into Libya, further
demonstrating the complex security and safety environment for civil
aviation in the country. For example, in July 2024, according to media
reports, Italian authorities seized two large Chinese military-grade
UAS that were being smuggled into Libya in violation of a United
Nations arms embargo. Italian authorities reportedly stated that these
UAS were over 10 meters (33 feet) long, had a wingspan of approximately
20 meters (66 feet), and weighed more than three tons. They may have
been destined for a Libyan faction in eastern Libya.
Violent extremist organizations (VEOs), including the Islamic State
of Iraq and ash-Sham (ISIS)-Libya and al-Qa'ida (AQ)-linked groups
remain active in Libya, but they likely do not possess the capability
to identify, track, and engage an aircraft at overflight cruising
altitudes in the territory and airspace of Libya. Although the FAA
assesses VEOs lack the resources and access to advanced weapons systems
necessary to pose a risk to civil aircraft overflight operations, they
likely maintain the intent to target civil aviation as a target of
opportunity. Remaining VEOs are likely scattered in southwest Libya and
focused on supporting Sahel-based associates but could pose a hazard to
U.S. civil aviation operations in other parts of Libya. Nevertheless,
VEOs pose a continued, though somewhat diminished, risk to low-altitude
flight operations below 25,000 feet.
Therefore, as a result of the continuing, unacceptable risks to the
safety of U.S. civil aviation operations in the territory and airspace
of Libya, the FAA extends the expiration date of SFAR No. 112, Sec.
91.1603, from March 20, 2025, until March 20, 2028. The ongoing
political and security instability in Libya does not appear likely to
subside in the reasonably foreseeable future and a three-year extension
will provide ample time for observing any potential sustained changes
and reassessment.
Further amendments to SFAR No. 112, Sec. 91.1603, 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
this rule might be able to operate safely in the territory and airspace
of Libya.
The FAA also republishes the details concerning the approval and
exemption processes in sections V and VI 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. 112, Sec. 91.1603.
[[Page 13073]]
V. 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 territory and airspace of Libya. 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. 112, Sec. 91.1603, including a U.S. air
carrier or commercial operator, to transport civilian or military
passengers or cargo or conduct other operations in the territory and
airspace of Libya, that department, agency, or instrumentality may
request the FAA to approve persons described in paragraph (a) of SFAR
No. 112, Sec. 91.1603, 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.\2\ 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).
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
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 Washington Operations Center by telephone
at (202) 267-3203 or by email at <a href="/cdn-cgi/l/email-protection#7d44503b3c3c50320b180f0e181c0e3b11141a15092d0f1215141f14091412130e3d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="b1889cf7f0f09cfec7d4c3c2d4d0c2f7ddd8d6d9c5e1c3ded9d8d3d8c5d8dedfc2f1d7d0d09fd6dec7">[email protected]</span></a> for submission instructions. The
requestor must not submit its letter requesting FAA approval or related
supporting documentation to the Washington Operations Center. Rather,
the Washington Operations Center will refer the requestor to an
appropriate staff member of the Flight Standards Service for further
assistance.
A single letter may request approval from the FAA for multiple
persons described in SFAR No. 112, Sec. 91.1603, 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
territory and airspace of Libya 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 territory and airspace of
Libya and the airports, airfields, or landing zones at which the
aircraft will take off and land; and
<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 territory and airspace of Libya.
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 territory
and airspace of Libya. The approval conditions discussed below apply to
all operators. Requestors should contact the Washington Operations
Center by telephone at (202) 267-3203 or by email at <a href="/cdn-cgi/l/email-protection#467f6b0007076b0930233435232735002a2f212e321634292e2f242f322f2928350620272768212930"><span class="__cf_email__" data-cfemail="c6ffeb808787eb89b0a3b4b5a3a7b580aaafa1aeb296b4a9aeafa4afb2afa9a8b586a0a7a7e8a1a9b0">[email protected]</span></a> for instructions on how to submit
the names of additional operators the requestor wishes to add to an
existing approval to the FAA. The requestor must not submit the names
of additional operators it wishes to add to an existing approval to the
Washington Operations Center. Rather, the Washington Operations Center
will refer the requestor to an appropriate staff member of the Flight
Standards Service for further assistance.
If an approval request includes classified information or
controlled unclassified information not authorized for public release,
requestors may contact the Washington Operations Center for
instructions on submitting it to the FAA. The Washington Operations
Center's contact information appears in the FOR FURTHER INFORMATION
CONTACT section of this final rule.
FAA approval of an operation under SFAR No. 112, Sec. 91.1603,
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
[[Page 13074]]
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 territory and airspace of Libya; 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 territory and airspace of Libya.
(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 V.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.
VI. 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. 112, Sec. 91.1603. 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 standards described in 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 territory and airspace of
Libya 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 territory and airspace of Libya 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. 112, Sec. 91.1603. 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. 112, Sec. 91.1603.
If a petition for exemption includes information that is sensitive
for security reasons or proprietary information, requestors may contact
the Washington Operations Center for instructions on submitting it to
the FAA. The Washington Operations Center's contact information is
listed in the FOR FURTHER INFORMATION CONTACT section of this final
rule. Requestors must not submit their petitions for exemption or
related supporting documentation to the Washington Operations Center.
Rather, the Washington Operations Center will refer the requestor to
the appropriate staff member of the Flight Standards Service or the
Office of Rulemaking for further assistance.
VII. Regulatory Notices and Analyses
A. Regulatory Evaluation
This rule has been determined to be a significant regulatory action
pursuant to section 3(f)(4) of Executive Order 12866. This rule
continues to prohibit U.S. civil flights in the territory and airspace
of Libya due to the significant hazards to U.S. civil aviation
described in this preamble. While alternative flight routes result in
some additional fuel and operations costs to the operators, as well as
some costs attributed to passenger time, the benefits of this rule in
prohibiting unsafe flights will exceed the minimal flight deviation
costs. Therefore, the FAA finds that the incremental costs of extending
SFAR No. 112, Sec. 91.1603, will be minimal and are exceeded by the
benefits of avoided risks 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 territory and airspace of Libya.
This rule is exempt from Executive Order 14192 (Unleashing
Prosperity Through Deregulation) as it is a regulation issued with
respect to a national security or homeland security function of the
United States.
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.
[[Page 13075]]
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 territory and airspace
of Libya, 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 $183 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.
IX. 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.
X. Additional Information
A. Electronic Access
Except for classified and controlled unclassified material not
authorized for public release, 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 on 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.
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, Libya.
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:
[[Page 13076]]
Authority: 49 U.S.C. 106(f), 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. 91.1603 by revising paragraph (e) to read as follows:
Sec. 91.1603 Special Federal Aviation Regulation No. 112--Prohibition
Against Certain Flights in the Territory and Airspace of Libya.
* * * * *
(e) Expiration. This SFAR will remain in effect until March 20,
2028. 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).
Christopher J. Rocheleau,
Acting Administrator.
[FR Doc. 2025-04846 Filed 3-19-25; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 20, 2025.
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.