[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Rules and Regulations]
[Pages 16236-16239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6942]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2011-0246; Amendment No. 91-321; SFAR No. 112]
RIN 2120-AJ93


Prohibition Against Certain Flights Within the Tripoli (HLLL) 
Flight Information Region (FIR)

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action prohibits flight operations within the Tripoli 
(HLLL) Flight Information Region (FIR) by all U.S. air carriers; U.S. 
commercial operators; persons exercising the privileges of a U.S. 
airman certificate, except when such persons are operating a U.S.-
registered aircraft for a foreign air carrier; and operators of U.S.-
registered civil aircraft, except when such operators are foreign air 
carriers. The FAA finds this action necessary to prevent a potential 
hazard to persons and aircraft engaged in such flight operations.

DATES: This action is effective March 21, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions about this 
final rule, contact: David Catey, William Gonzalez, or Steven Laurenzo, 
Air Transportation Division, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591. 
Telephone: 202-267-3732, 202-267-4080, and 202-267-8772, respectively. 
For legal questions contact: Lorna John, Office of the Chief Counsel, 
AGC-200, Federal

[[Page 16237]]

Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone (202) 267-3921.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the United 
States (U.S.) and for the safety of U.S. civil operators, U.S.-
registered aircraft, and U.S.-certificated airmen throughout the world. 
Also, the FAA is responsible for issuing rules affecting the safety of 
air commerce and national security. The FAA's authority to issue rules 
for aviation safety is found in Title 49 of the United States Code. 
Subtitle I, section 106(g), describes the authority of the FAA 
Administrator. Subtitle VII, 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 his authority 
consistently with the obligations of the United States Government under 
international agreements. Furthermore, the FAA has broad authority 
under section 44701(a)(5) to prescribe regulations governing the 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce and national security.

I. Background

    The FAA has safety and national security concerns regarding flight 
operations in the Tripoli FIR (HLLL). An armed conflict is ongoing in 
Libya and presents a potential hazard to civil aviation. The runways at 
Libya's international airports, including the main international 
airports serving Benghazi (HLLB) and Tripoli (HLLT) may be damaged or 
degraded. Air navigation services in the Tripoli (HLLL) FIR may also be 
unavailable or degraded. In addition, the proliferation of air defense 
weapons, including Man-Portable Air-Defense Systems (MANPADS), and the 
presence of military operations, including Libyan aerial bombardments 
and unplanned military flights entering and departing the Tripoli FIR 
(HLLL), pose a potential hazard to U.S. operators, U.S.-registered 
aircraft, and FAA-certificated airmen that might operate within the 
Tripoli FIR (HLLL).
    On March 18, 2011, the UN Security Council adopted Resolution 1973. 
Paragraph 6 of that Resolution mandates a ban on all flights in the 
airspace of Libya, with certain exceptions detailed in Paragraph 7. 
Paragraph 7 also requires that any flights in Libya be coordinated with 
any mechanism established under Paragraph 8 of the Resolution.
    Because the circumstances described herein warrant immediate action 
by the FAA, I find that notice and public comment under 5 U.S.C. 
553(b)(3)(B) are impracticable and contrary to the public interest. 
Further, I find that good cause exists under 5 U.S.C. 553(d) for making 
this rule effective immediately upon issuance. I also find that this 
action is fully consistent with the obligations under 49 U.S.C. 40105 
to ensure that I exercise my duties consistently with the obligations 
of the United States under international agreements.

Approval Based on Authorization Request of an Agency of the United 
States Government

    If a department, agency, or instrumentality of the U.S. Government 
determines that it has a critical need to engage any person covered 
under SFAR No. 112, Sec.  91.1603(a), including a U.S. air carrier or a 
U.S. commercial operator for a charter to transport civilian or 
military passengers or cargo, the U.S. Government department, agency, 
or instrumentality may request the FAA approve persons covered under 
SFAR No. 112, Sec.  91.1603(a) to conduct such operations.
    An approval request must be made in a letter signed by an 
appropriate senior official of the requesting department, agency, or 
instrumentality of the U.S. Government; the letter must be sent to the 
Associate Administrator for Aviation Safety (AVS-1), Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591. 
Electronic submissions are acceptable, and the requesting agency may 
request an electronic copy of the FAA's response. Electronic 
submissions to the FAA should be sent to [email protected]. A single 
letter may request approval from the FAA for multiple persons covered 
under SFAR No. 112, Sec.  91.1603(a), and/or for multiple flight 
operations. To the extent known, the letter must identify the person(s) 
expected to be covered under the SFAR on whose behalf the U.S. 
Government department, agency, or instrumentality is seeking FAA 
approval, and it must describe--
     The proposed operation(s), including the nature of the 
mission being supported;
     The service to be provided by the person(s) covered by the 
SFAR;
     To the extent known, the specific locations within the 
Tripoli (HLLL) FIR where the proposed operation(s) will be conducted;
    The request for approval must also include a list of operators, 
including subcontractors, with whom the U.S. Government department, 
agency, or instrumentality requesting FAA approval has a current 
contract(s), grant(s), or cooperative agreement(s) for specific flight 
operations in the Tripoli (HLLL) FIR. Additional contracted operators 
may be identified to the FAA at any time after the FAA approval is 
issued. Updated lists should be sent to [email protected].
    If an approval request includes classified information, you may 
contact Aviation Safety Inspectors David Catey, William Gonzalez, or 
Steven Laurenzo for instructions on submitting it to the FAA. Their 
contact information is listed in the FOR FURTHER INFORMATION CONTACT 
section of this final rule.
    FAA approval of the operation under SFAR No. 112, Sec.  91.1603(c), 
does not relieve persons subject to the SFAR of their responsibility to 
comply with all applicable FAA rules and regulations. Operators of 
civil aircraft will have to comply with the conditions of their 
certificate and Operations Specifications (OpSpecs). In addition, 
operators will have to comply with all rules and regulations of other 
U.S. Government departments or agencies that may apply to the 
operation, including, but not limited to, the Transportation Security 
Regulations issued by the Transportation Security Administration, 
Department of Homeland Security.

Approval Conditions

    When the FAA approves the request, the FAA's Aviation Safety 
Organization (AVS) will send a letter to the requesting department, 
agency, or instrumentality confirming that the FAA's approval is 
subject to 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) Any approval will specify that the operation is not eligible 
for coverage under a premium war risk insurance policy issued by the 
FAA under section 44302 of chapter 443 of title 49, United States Code.
    (3) If the operator is already covered by a premium war risk 
insurance policy issued by the FAA,\1\ the FAA will issue

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an endorsement to the operator's premium war risk insurance policy that 
specifically excludes coverage for any operations in the Tripoli (HLLL) 
FIR, including operations under a flight plan that contemplates landing 
in or taking off from Libyan territory. The endorsement to the premium 
war risk insurance policy will take effect before the approval's 
effective date. The operator must further establish that it has 
obtained substitute war risk coverage for operations in the Tripoli 
FIR. Additionally, before any approval takes effect, the operator must 
submit to the FAA a written release of the U.S. Government from all 
claims and liabilities, and its agreement to indemnify the U.S. 
Government with respect to any and all third-party claims and 
liabilities relating to any event arising from or related to the 
approved operations in the Tripoli (HLLL) FIR. This waiver of claims 
does not preclude an operator from raising a claim under an effective 
non-premium war risk insurance policy issued by the FAA.
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    \1\ Coverage under FAA premium war risk insurance policies is 
suspended as a condition of the premium war risk policy at any time 
an operation is covered by non-premium war risk insurance through a 
contract with a department, agency, or instrumentality of the U.S. 
Government under 49 U.S.C. 44305.
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    (4) Other conditions as determined by the FAA.
    The FAA will issue OpSpecs to the certificate holder authorizing 
these operations. The FAA may impose additional conditions on operators 
through Operations Specifications or letters of authorization. The FAA 
will notify requesting departments or agencies of FAA approval of civil 
operations under agreement with a U.S. government agency of any 
additional conditions beyond those contained in the approval letter.

Request for Exemptions

    Any operations not conducted under the approval process discussed 
above must be conducted under an exemption to this SFAR. A request by 
any person covered under SFAR No. 112, Sec.  91.1603(a) for an 
exemption must comply with 14 CFR part 11, and will require exceptional 
circumstances beyond those contemplated by the approval process set 
forth in this SFAR. Additionally, the endorsement of any premium war 
risk insurance policy and a waiver and indemnification agreement will 
also be required as a condition of any exemption issued under SFAR No. 
112, Sec.  91.1603(c). The FAA recognizes that there may be operations 
conducted by other States with the support of the U.S. government. 
These operations would not be permitted under the approval process; 
however, the FAA will process these exemption requests on an expedited 
basis and prior to any private exemption requests.

Regulatory Analysis

    This rulemaking action is taken under an emergency situation within 
the meaning of Section 6(a)(3)(d) of Executive Order 12866, Regulatory 
Planning and Review. It also is considered an emergency regulation 
under Paragraph 11g of the Department of Transportation (DOT) 
Regulatory Policies and Procedures. In addition, it is a significant 
rule within the meaning of the Executive Order and DOT's policies and 
procedures. The FAA expects there will be some costs associated with 
this emergency rule, but is unable to quantify those costs at this 
time. However, the FAA also expects that few, if any, operators subject 
to this SFAR are actually operating in the Tripoli (HLLL) FIR given the 
current state of affairs. Accordingly, the costs of this SFAR would be 
minimal.
    As the FAA Administrator I certify that this rule will not have a 
significant economic impact on a substantial number of small entities 
as defined in Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as 
amended. Because the rule is being issued for aviation safety, it is 
not considered an unnecessary obstacle to international trade under the 
Trade Agreements Act of 1979 (Pub. L. 96-39) and does not create an 
unfunded mandate for any entity.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Accessing the Government Printing Office's Federal Digital 
System at:  http://www.gpo.gov/fdsys/.

    You can also get a copy 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) 267-9680. Make 
sure to identify the amendment or docket number of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Freight, 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:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531; 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat. 1180).


0
2. In part 91, add Subpart M, consisting of Sec.  91.1603 to read as 
follows:

Subpart M--Special Federal Aviation Regulations


Sec.  91.1603  Special Federal Aviation Regulation No. 112--Prohibition 
Against Certain Flights Within the Tripoli (HLLL) Flight Information 
Region (FIR).

    (a) Applicability. This section applies to the following persons:
    (1) All U.S. air carriers and U.S. commercial operators;
    (2) All persons exercising the privileges of an airman certificate 
issued by the FAA, except when such persons are operating a U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except 
operators of such aircraft that are foreign air carriers.
    (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 within the Tripoli (HLLL) FIR.
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations within the Tripoli (HLLL) FIR under the following 
conditions:
    (1) Flight operations are conducted under a contract, grant or 
cooperative agreement with another department,

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agency, or instrumentality of the United States Government with the 
approval of the FAA, or by an exemption issued by the Administrator. 
The FAA will process requests for approval or exemption in a timely 
manner, with an order of preference first for those operations in 
support of U.S. government-sponsored activities, second for those 
operations in support of government-sponsored activities of another 
State with the support of a U.S. government agency, and third for all 
other operations.
    (2) Flight operations are coordinated with any mechanism 
established by paragraph 8 of U.N. Security Council Resolution 1973 
(2011).
    (d) Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this section to the extent required by 
that emergency. Except for U.S. air carriers and commercial operators 
that are subject to the requirements of 14 CFR parts 119, 121, 125, or 
135, each person who deviates from this section must, within 10 days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations of the aircraft involved in the deviation, 
including a description of the deviation and the reasons for it.
    (e) Expiration. This Special Federal Aviation Regulation will 
remain in effect for 3 years from the effective date. The FAA may 
amend, rescind, or extend this Special Federal Aviation Regulation as 
necessary.

    Issued in Washington, DC on March 20, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-6942 Filed 3-21-11; 4:15 pm]
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