[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14433-14437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05515]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2011-0246; Amdt. No. 91-321C]
RIN 2120-AK99


Extension of the Prohibition Against Certain Flights in the 
Tripoli (HLLL) Flight Information Region (FIR)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action extends the prohibition of flight operations in 
the Tripoli (HLLL) Flight Information Region (FIR) 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 a U.S.-registered aircraft for a foreign air carrier; and 
operators of U.S.-registered civil aircraft, except operators of such 
aircraft that are foreign air carriers. The extension of the expiration 
date is necessary due to continued hazards to persons and aircraft 
engaged in such flight operations. This Special Federal Aviation 
Regulation (SFAR) will now remain in effect until March 20, 2019.

DATES: This final rule is effective on March 16, 2017.

FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation 
Division, AFS-220, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone 202-267-8166; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This action extends the prohibition of flight operations in the 
Tripoli (HLLL) 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 due to continued hazards to persons and aircraft 
engaged in such flight operations. The prohibition, which is scheduled 
to remain in effect until March 20, 2017, will now remain in effect 
until March 20, 2019.

II. Legal Authority and Good Cause

A. Legal Authority

    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 civil aircraft, and U.S.-certificated airmen throughout the 
world. The FAA's authority to issue rules on aviation safety is found 
in title 49, U.S. Code. Subtitle I, sections 106(f) and (g) describe 
the authority of the FAA Administrator. Subtitle VII of title 49, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. Section 40101(d)(1) provides that the Administrator shall 
consider in the public interest, among other matters, assigning, 
maintaining, and enhancing safety 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 U.S. Government under international agreements.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, subpart III, section 44701, General requirements. 
Under that section, the FAA is charged broadly with promoting safe 
flight of civil aircraft in air 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 FAA's authority under the 
statutes cited previously, because it continues to prohibit the persons 
subject to paragraph (a) of 14 CFR 91.1603, (SFAR No. 112), from 
conducting flight operations in the Tripoli (HLLL) FIR due to the 
continued hazards to the safety of such persons' flight operations,

[[Page 14434]]

as described in the Background section of this document.

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.'' Section 553(d) also 
authorizes agencies to forgo the delay in effective date for good cause 
found and published with the rule. In this instance, the FAA finds an 
immediate need to address the continued hazard to U.S. civil aviation 
due to threats from political instability and associated militant/
terrorist activity that exists in the Tripoli (HLL) FIR. This hazard is 
further described in the Background section of this rule.
    Because the circumstances described herein warrant a continuation 
of the flight restrictions imposed by SFAR No. 112, 14 CFR 91.1603, the 
FAA finds that notice and public comment under 5 U.S.C. 553(b)(3)(B), 
and a delay in the effective date described in 5 U.S.C. 553(d), are 
impracticable and contrary to the public interest. The FAA also finds 
that this action is fully consistent with the obligations under 49 
U.S.C. 40105 to ensure that the FAA exercises its duties consistently 
with the obligations of the United States under international 
agreements.

III. Background

    The significant threat, identified when the FAA published its most 
recent extension of the expiration date of SFAR No. 112, 14 CFR 
91.1603,\1\ to U.S. civil aviation operating in the Tripoli (HLLL) FIR 
continues, due to threats from political instability and associated 
militant/terrorist activity. Libya continues to experience a fluid 
conflict environment involving heavily-armed elements that are equipped 
with a variety of anti-aircraft-capable weapons and that have 
demonstrated the capability and intent to target aviation interests.
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    \1\ 80 FR 15503, March 24, 2015.
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    As a result of safety and national security concerns regarding 
flight operations in the Tripoli (HLLL) FIR, the FAA issued SFAR No. 
112, 14 CFR 91.1603, in March 2011,\2\ prohibiting 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 a U.S.-registered aircraft for a foreign air carrier; and 
operators of U.S.-registered civil aircraft, except operators of such 
aircraft that are foreign air carriers, from conducting flight 
operations in the Tripoli (HLLL) FIR, except as provided in paragraphs 
(c) and (d) of the regulation.
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    \2\ 76 FR 16238, March 23, 2011.
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    When SFAR No. 112, 14 CFR 91.1603, was issued, an armed conflict 
was ongoing in Libya and presented a hazard to U.S. civil aviation. The 
FAA was concerned that runways at Libya's international airports, 
including the main international airports serving Benghazi (HLLB) and 
Tripoli (HLLT), might be damaged or degraded. There was also concern 
that air navigation services in the Tripoli (HLLL) FIR might 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 
(HLLL) FIR, posed a hazard to U.S. operators, U.S.-registered civil 
aircraft, and FAA-certificated airmen that might operate in the Tripoli 
(HLLL) FIR. Additionally, the United Nations Security Council adopted 
Resolution 1973 on March 18, 2011, which mandated a ban on all flights 
in the airspace of Libya, with certain exceptions.
    By March 2014, although former Libyan leader Muammar Gadhafi's 
regime had been overthrown and the UN-mandated ban on flights in Libyan 
airspace had been lifted, the FAA continued to have significant 
security concerns for Libya and for the safety of U.S. civil aviation 
operations in that country. On March 20, 2014, the FAA extended the 
expiration date of SFAR No. 112, 14 CFR 91.1603, to March 20, 2015.\3\ 
The FAA considered that, on December 12, 2013, the Department of State 
had issued a Travel Warning strongly advising against all non-essential 
travel to Libya. Various groups had called for attacks against U.S. 
citizens and U.S. interests in Libya. As a consequence of the 
unpredictable security environment, a hazard to U.S.-registered civil 
aircraft, U.S. operators, and FAA-certificated airmen still existed. 
Additionally, many military-grade weapons remained in the hands of 
private individuals and groups, among them anti-aircraft weapons that 
could be used against civil aviation, including MANPADS. The Travel 
Warning also warned that closures or threats of closures of the 
international airports occurred regularly for maintenance, labor, or 
security-related reasons.
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    \3\ 79 FR 15679, March 20, 2014, corrected at 79 FR 19288, April 
8, 2014.
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    By March 2015, the FAA continued to have significant concerns 
regarding the safety of U.S. civil aviation operations in the Tripoli 
(HLLL) FIR at all altitudes due to the hazardous situation created by 
the ongoing fighting involving various militant groups and Libyan 
military forces in various areas of Libya, including some near Tripoli 
and Benghazi. Islamist militant groups held and controlled significant 
portions of Western Libya, including Tripoli International Airport 
(HLLT). Militant groups, such as Libyan Dawn, possessed a variety of 
anti-aircraft weapons, which gave them the capability to target 
aircraft upon landing and departure and at higher altitudes. Civil 
aviation infrastructure continued to be at risk from indirect fire from 
mortars and rockets targeting Libyan airports during the ongoing 
fighting. Civil aviation in the Tripoli (HLLL) FIR was also at risk 
from aerial combat operations and other military activity conducted by 
Libyan forces. Further, the security situation in the Tripoli (HLLL) 
FIR continued to be unpredictable and unstable. For these reasons, the 
FAA extended the expiration date of SFAR No. 112, 14 CFR 91.1603, from 
March 20, 2015, to March 20, 2017.\4\
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    \4\ 80 FR 15503, March 24, 2015.
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    The FAA continues to assess the situation in the Tripoli (HLLL) FIR 
as being hazardous for U.S. civil aviation. The newly-established 
interim government does not control vast amounts of Libyan territory, 
security conditions remain unstable throughout the country, and 
fighting could flare with little or no warning as various elements vie 
for political influence and territorial control. Anti-aircraft-capable 
weapons remain a continuing threat, as demonstrated by the July 2016 
shoot down of a military helicopter near Benghazi.
    Therefore, since there is a significant continuing risk to the 
safety of U.S. civil aviation in the Tripoli (HLLL) FIR, the FAA 
extends the expiration date of SFAR No. 112, 14 CFR 91.1603, from March 
20, 2017, to March 20, 2019, to maintain the prohibition on flight 
operations in the Tripoli (HLLL) FIR 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 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 will continue to actively monitor the situation and, based 
on evaluations, determine the extent to

[[Page 14435]]

which U.S. civil operators may be able to safely operate in the Tripoli 
(HLLL) FIR in the future. Amendments to SFAR No. 112, 14 CFR 91.1603, 
may be appropriate if the risk to aviation safety and security changes. 
The FAA may amend or rescind SFAR No. 112, 14 CFR 91.1603, as 
necessary, prior to its expiration date.

IV. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. 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, 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. 1532, requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
annually (adjusted for inflation with a base year of 1995). This 
portion of the preamble summarizes the FAA's analysis of the economic 
impacts of this final rule.
    In conducting these analyses, FAA has determined this final 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. The rule is also ``significant'' as defined 
in DOT's Regulatory Policies and Procedures. The final rule will not 
have a significant economic impact on a substantial number of small 
entities, will not create unnecessary obstacles to international trade, 
and will not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector.

A. Regulatory Evaluation

    Department of Transportation (DOT) Order 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits a statement to 
that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the costs and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows.
    This rule extends, by an additional two years, SFAR No. 112, 14 CFR 
91.1603. Due to the conditions in Libya at the time that SFAR No. 112, 
14 CFR 91.1603, was issued, the FAA believed the rule would impose only 
minimal cost because few, if any, operators subject to the rule were 
operating in the Tripoli (HLLL) FIR. The FAA has again determined that 
the costs of continuing to prohibit U.S. civil flights in the Tripoli 
(HLLL) FIR are minimal. The FAA finds that the costs to the few 
operators who might wish to operate in the Tripoli FIR are exceeded by 
the benefits of avoiding the loss of life, injuries, and property 
damage that could be caused by the significant hazards to U.S. civil 
aviation detailed in the Background section of this rule.

B. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (``RFA'') 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The FAA estimates the costs of extending this rule will continue to 
be minimal, as discussed previously. Therefore, as provided in section 
605(b), the head of the FAA certifies that this rulemaking will not 
result in a significant economic impact on a substantial number of 
small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to this Act, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the effect of this final rule and determined 
that its purpose is to protect the safety of U.S. civil aviation from 
hazards outside the U.S. Therefore, the rule is in compliance with the 
Trade Agreements Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155 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 (Pub. L. 104-13) requires that 
the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

[[Page 14436]]

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this regulation.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f of this order and involves no 
extraordinary circumstances.
    The FAA has reviewed the implementation of the SFAR and determined 
it is categorically excluded from further environmental review 
according to FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.6f. The FAA has examined possible 
extraordinary circumstances and determined that no such circumstances 
exist. After careful and thorough consideration of the action, the FAA 
finds that this Federal action does not require preparation of an 
Environmental Assessment or Environmental Impact Statement in 
accordance with the requirements of NEPA, Council on Environmental 
Quality (CEQ) regulations, and FAA Order 1050.1F.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA analyzed this final rule under the principles and criteria 
of Executive Order 13132, Federalism. The agency has determined that 
this action would not have a substantial direct effect on the States, 
or the relationship between the Federal Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, and, therefore, would not have Federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policies and 
agency responsibilities of Executive Order 13609, and has determined 
that this action would have no effect on international regulatory 
cooperation.

VI. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--

 Searching the Federal eRulemaking Portal (http://www.regulations.gov);
 Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
 Accessing the Government Publishing Office's Web page at 
http://www.fdsys.gov.

    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. Please 
identify the docket or amendment number of this rulemaking in your 
request.
    Except for classified material, all documents the FAA considered in 
developing this rule, including economic analyses and technical 
reports, may be accessed from the Internet through the Federal 
eRulemaking Portal referenced above.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official, or the 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 
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(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the 
Convention on International Civil Aviation (61 Stat. 1180), (126 
Stat. 11).


0
2. Revise Sec.  91.1603 to read as follows:


Sec.  91.1603  Special Federal Aviation Regulation No. 112--Prohibition 
Against Certain Flights in 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 in the Tripoli (HLLL) FIR.
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the Tripoli (HLLL) FIR under the following conditions:
    (1) Flight operations are conducted under a contract, grant, or 
cooperative agreement with a department, agency, or instrumentality of 
the U.S. government (or under a subcontract between the prime 
contractor of the department, agency, or instrumentality, and the 
person described in paragraph (a) of this section), with the approval 
of the FAA,

[[Page 14437]]

or under an exemption issued by the FAA. The FAA will process requests 
for approval or exemption in a timely manner, with the order of 
preference being: First, for those operations in support of U.S. 
government-sponsored activities; second, for those operations in 
support of government-sponsored activities of a foreign country with 
the support of a U.S. government department, agency, or 
instrumentality; and third, for all other operations.
    (2) [Reserved]
    (d) Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this section to the extent required by 
that emergency. Except for U.S. air carriers and commercial operators 
that are subject to the requirements of 14 CFR part 119, 121, 125, or 
135, each person who deviates from this section must, within 10 days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office 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 until March 20, 2019. The FAA may amend, rescind, or 
extend this Special Federal Aviation Regulation as necessary.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on March 15, 
2017.
Victoria B. Wassmer,
Acting Deputy Administrator.
[FR Doc. 2017-05515 Filed 3-16-17; 4:15 pm]
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