[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Rules and Regulations]
[Pages 9950-9957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04896]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2011-0246; Amdt. No. 91-321D]
RIN 2120-AL40


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action extends, with modifications to reflect changed 
conditions in Libya, the Special Federal Aviation Regulation (SFAR) 
prohibiting certain flight operations in the Tripoli Flight Information 
Region (FIR) (HLLL) by all: United States (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 where the operator of such 
aircraft is a foreign air carrier. This action extends the prohibition 
of U.S. civil flight operations in the Tripoli FIR (HLLL) at altitudes 
below Flight Level (FL) 300 to safeguard against continuing hazards to 
U.S. civil aviation. However, this action also reduces the scope of the 
prohibition, permitting U.S. civil aviation overflights of the Tripoli 
FIR (HLLL) at altitudes at and above FL300 to resume, due to the 
reduced risk to U.S. civil aviation operations at those altitudes. The 
FAA also republishes, with minor revisions, the approval process and 
exemption information for this SFAR, consistent with other recently 
published flight prohibition SFARs; makes a minor editorial change to 
the title of the rule; and makes other minor revisions for consistency 
with other recently published flight prohibition SFARs.

[[Page 9951]]


DATES: This final rule is effective on March 19, 2019.

FOR FURTHER INFORMATION CONTACT: Dale E. Roberts, Air Transportation 
Division, 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, with modifications to reflect changed 
conditions in Libya, the prohibition against certain U.S. civil flight 
operations in the Tripoli FIR (HLLL) 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 where the operator of such 
aircraft is a foreign air carrier, from March 20, 2019, to March 20, 
2021. The FAA finds that security and safety conditions in the Tripoli 
FIR (HLLL) at altitudes at or above FL300 support allowing U.S. civil 
overflight operations at cruising altitudes at or above FL300 to 
resume. Extremist/militant elements operating in Libya are believed not 
to possess anti-aircraft weapons capable of threatening U.S. civil 
aviation operations at or above FL260, and there is a lower risk of 
civil-military deconfliction concerns at cruising altitudes at or above 
FL300. However, the FAA finds the extension of the prohibition on U.S. 
civil aviation operations in the Tripoli FIR (HLLL) at altitudes below 
FL300 is necessary to safeguard against continuing hazards to U.S. 
civil aviation associated with ongoing political instability, fighting 
involving various militia/extremist/militant elements, and military 
activity by foreign sponsors supporting various elements operating in 
Libya.
    The FAA also republishes, with minor revisions, the approval 
process and exemption information for this SFAR, consistent with other 
recently published flight prohibition SFARs; makes a minor editorial 
change to the title of the rule; and makes other minor revisions for 
consistency with other recently published flight prohibition SFARs.

II. Legal Authority and Good Cause

A. Legal 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. The FAA Administrator's 
authority to issue rules on aviation safety is found in title 49, U.S. 
Code, Subtitle I, sections 106(f) and (g). 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.
    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 because it 
continues to prohibit the persons described in paragraph (a) of SFAR 
No. 112, Sec.  91.1603, from conducting flight operations in the 
Tripoli FIR (HLLL) at altitudes below FL300 due to the continuing 
hazards to the safety of U.S. civil flight operations at those 
altitudes, as described in the preamble to this final rule.

B. Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of title 5, U.S. Code, authorizes agencies to 
dispense with notice and comment procedures for rules when the agency 
for ``good cause'' finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Section 553(d) also 
authorizes agencies to forgo the delay in the effective date of the 
final rule for good cause found and published with the rule. In this 
instance, the FAA finds good cause to forgo notice and comment because 
notice and comment would be impracticable and contrary to the public 
interest. In addition, it is contrary to the public interest to delay 
the effective date of this SFAR.
    The risk environment for U.S. civil aviation in airspace managed by 
other countries with respect to safety of flight risks posed by weapons 
capable of targeting, or otherwise negatively affecting, U.S. civil 
aviation, as well as other hazards to U.S. civil aviation associated 
with fighting, extremist/militant activity, or heightened tensions, is 
fluid. This fluidity and the need for the FAA to rely upon classified 
information in assessing these risks make seeking notice and comment 
impracticable and contrary to the public interest. With respect to the 
impracticability of notice and comment procedures, 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 fluid nature of these risks 
also means that the FAA's original proposal could become unsuitable for 
minimizing the hazards to U.S. civil aviation in the affected airspace 
during or after any public notice and comment process. Furthermore, to 
the extent that these rules and any amendments to them are based upon 
classified information, the FAA is not legally permitted to share such 
information with the general public, who cannot meaningfully comment on 
information to which they are not legally allowed access.
    Under these conditions, public interest considerations also favor 
not seeking notice and comment for these rules and any amendments to 
them. While there is a public interest in having an opportunity for the 
public to comment on agency action, there is a greater public interest 
in having the FAA's flight prohibitions, and any amendments thereto, 
reflect the agency's most current understanding of the risk environment 
for U.S. civil aviation. This allows the FAA to appropriately protect 
the safety of U.S. operators' aircraft and the lives of their 
passengers and crews without over-restricting U.S. operators' routing 
options. The FAA has identified an ongoing need to maintain the flight 
prohibition for U.S. civil aviation operations at altitudes below FL300 
in the Tripoli FIR (HLLL) due to continued safety-of-flight hazards 
associated with ongoing political instability, fighting involving 
various militia/extremist/militant elements, and military activity by 
foreign sponsors supporting various elements operating in Libya. These 
hazards, which are further described in the preamble to this rule, 
require that the FAA's flight prohibition for U.S. civil aviation 
operations be continued without interruption for altitudes below FL300. 
For altitudes at or above FL300, any delay in the effective date of the 
rule would continue a prohibition on U.S. civil overflights at those 
altitudes that the FAA has determined is no longer needed for the 
safety of U.S. civil aviation and would thus unnecessarily restrict 
U.S. operators' routing options at those altitudes.
    For these reasons, the FAA finds good cause to forgo notice and 
comment and

[[Page 9952]]

any delay in the effective date for this rule.

III. Background

    As a result of safety and national security concerns regarding 
flight operations in the Tripoli FIR (HLLL), the FAA issued SFAR No. 
112, Sec.  91.1603, in March 2011,\1\ 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 
were operating U.S.-registered aircraft for a foreign air carrier; and 
operators of U.S.-registered civil aircraft, except operators of such 
aircraft that were foreign air carriers, from conducting flight 
operations in the Tripoli FIR (HLLL), except as provided in paragraphs 
(c) and (d) of the regulation.
---------------------------------------------------------------------------

    \1\ 76 FR 16238, March 23, 2011.
---------------------------------------------------------------------------

    When SFAR No. 112, Sec.  91.1603, was first issued, an armed 
conflict was ongoing in Libya, which 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 FIR (HLLL) 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 FIR 
(HLLL), posed a hazard to U.S. civil operators, U.S.-registered civil 
aircraft, and FAA-certificated airmen that might operate in the Tripoli 
FIR (HLLL). Additionally, the United Nations Security Council had 
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 Gaddafi'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 the country. On March 20, 2014, the FAA extended the 
expiration date of SFAR No. 112, Sec.  91.1603, to March 20, 2015.\2\ 
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. 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.
---------------------------------------------------------------------------

    \2\ 79 FR 15679, March 20, 2014, corrected at 79 FR 19288, April 
8, 2014.
---------------------------------------------------------------------------

    In March 2015, the FAA continued to have significant concerns 
regarding the safety of U.S. civil aviation operations in the Tripoli 
FIR (HLLL) 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 areas in close proximity to 
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. For these reasons, the FAA extended the 
expiration date of SFAR No. 112, Sec.  91.1603, from March 20, 2015, to 
March 20, 2017.\3\
---------------------------------------------------------------------------

    \3\ 80 FR 15503, March 24, 2015.
---------------------------------------------------------------------------

    In March 2017, the FAA continued to assess the situation in the 
Tripoli FIR (HLLL) as being hazardous for U.S. civil aviation. The 
newly-established interim government did not control vast portions of 
Libyan territory, security conditions remained unstable throughout the 
country, and the FAA was concerned that fighting could flare up with 
little or no warning as various elements vied for political influence 
and territorial control. Anti-aircraft-capable weapons remained a 
continuing threat, as demonstrated by the July 2016 shoot down of a 
military helicopter near Benghazi. Therefore, since there was a 
significant continuing risk to the safety of U.S. civil aviation in the 
Tripoli FIR (HLLL), the FAA extended the expiration date of SFAR No. 
112, Sec.  91.1603, from March 20, 2017, to March 20, 2019.\4\
---------------------------------------------------------------------------

    \4\ 82 FR 14433, March 21, 2017.
---------------------------------------------------------------------------

IV. Discussion of the Final Rule

    Since the 2017 final rule, the FAA finds that security and safety 
conditions have sufficiently improved to allow U.S. civil flights to 
operate in the Tripoli FIR (HLLL) at altitudes at or above FL300. 
However, the FAA finds an extension of the prohibition is necessary for 
altitudes below FL300 to safeguard against continuing hazards to U.S. 
civil aviation.
    Extremist/militant elements operating in Libya are believed not to 
possess anti-aircraft weapons capable of threatening U.S. civil 
aviation operations at or above FL260, and there is a lower risk of 
civil-military deconfliction concerns at cruising altitudes at or above 
FL300. Based on this assessment, the FAA has determined that 
overflights of the Tripoli FIR (HLLL) may be conducted safely at or 
above FL300, subject to the approval of, and in accordance with the 
conditions established by, the appropriate authorities of Libya.
    Currently, there are two air navigation service providers (ANSPs) 
operating in the Tripoli FIR (HLLL). The Tripoli-based ANSP is 
recognized by the International Civil Aviation Organization (ICAO) and 
has issued an Aeronautical Information Publication (AIP) and a NOTAM 
containing overflight procedures for civil aviation operations in the 
Tripoli FIR (HLLL). The ANSP in Benghazi provides air navigation 
services in the eastern part of the country. Despite the fact that 
there are two ANSPs operating in the Tripoli FIR (HLLL), the FAA has 
determined that this situation poses a minimal safety risk to U.S. 
civil overflight operations. There are appropriately publicized 
overflight instructions in the AIP and NOTAM. Additionally, the FAA has 
not received any reports of the two ANSPs providing conflicting 
guidance to civil aircraft or otherwise behaving in ways that would 
pose safety of flight concerns for international overflights.
    For these reasons, the FAA has determined the risk to U.S. civil 
aviation in the Tripoli FIR (HLLL) has been sufficiently reduced to 
permit U.S. civil aviation operations at or above FL300. This change 
allows U.S. operators the option of using certain air routes connecting 
Europe with central Africa and western Africa with the Middle East. 
Operators are reminded to review current aeronautical information, 
including the relevant AIP and all applicable NOTAMS, prior to 
conducting flight operations in the Tripoli FIR (HLLL) at or above 
FL300; maintain communications with air traffic control; and follow air 
traffic control instructions.
    The FAA remains concerned about the hazards to U.S. civil aviation 
operations in the Tripoli FIR (HLLL) at altitudes below FL300, which 
necessitate a continuing flight prohibition for those altitudes. These 
hazards relate to continued instability in Libya, fighting involving 
various militia/extremist/militant elements, the ready availability to 
extremists/militants of anti-aircraft-capable weapons, and

[[Page 9953]]

aerial activity by foreign sponsors supporting various elements 
operating in Libya that may not be adequately de-conflicted with civil 
air traffic. The risks to U.S. civil aviation are greatest at airports 
in Libya and during low altitude operations near airports or in areas 
of actual or potential fighting.
    Libya remains politically unstable, with a fragile security 
situation. Since the fall of the Gaddafi regime, Libya has struggled 
with a power vacuum, a limited security apparatus, and limited 
territorial control. There are multiple extremist/militant groups with 
footholds in Libya that are armed with anti-aircraft-capable weapons. 
Various militia/extremist/militant groups continue to vie for strategic 
influence and control of vital infrastructure, including airports. 
Competing armed factions have periodically clashed in close proximity 
to Mitiga International Airport (HLLM) in Tripoli, resulting in 
multiple flight disruptions. In October 2017, a Libyan Airlines A330 
flying at low altitude near HLLM suffered damage from small-arms fire 
associated with such a clash. In January 2017, factional fighting 
resulted in a five-day closure of the airport and damage to multiple 
passenger aircraft that were on the tarmac by artillery or small-arms 
fire. Clashes erupted near the airport again in August 2018, resulting 
in multiple flight disruptions and closures of the airport throughout 
September 2018. On August 31, 2018, indirect fire damaged at least one 
hangar at HLLM, and, in October 2018, a rocket attack resulted in 
aircraft being relocated away from the airport and inbound flights 
rerouted.
    Additionally, violent extremists/militants active in Libya possess, 
or have access to, a wide array of anti-aircraft-capable weapons posing 
a risk to U.S. civil aviation operating at altitudes below FL260. 
Aerial activity of foreign sponsors supporting various factions in 
Libya occurs primarily at altitudes below FL300. This amendment permits 
U.S. civil overflights of the Tripoli FIR (HLLL) only at FL300 and 
above. Foreign sponsor aerial activities that present civil-military 
deconfliction challenges at altitudes below FL300 include a variety of 
unmanned aircraft systems (UAS) and other military aircraft operations, 
along with the potential for electronic interference from counter-UAS 
measures. While aircraft overflying the Tripoli FIR (HLLL) at altitudes 
at or above FL300 could potentially encounter electronic interference 
from counter-UAS measures, such interference would not present a 
significant flight safety hazard. At cruising altitudes at or above 
FL300, pilots would have sufficient time to recognize the interference 
and respond to it by the use of, and verification from, other 
instruments or navigation aids.
    Therefore, based on the changed circumstances in the Tripoli FIR 
(HLLL) at altitudes at and above FL300, the FAA is modifying its flight 
prohibition for U.S. civil aviation to permit overflights of the 
Tripoli FIR (HLLL) at altitudes at and above FL300, subject to the 
approval of, and in accordance with the conditions established by, the 
appropriate authorities of Libya. However, as a result of the 
significant continuing risk to the safety of U.S. civil aviation 
operating at altitudes below FL300 in the Tripoli FIR (HLLL), the FAA 
extends the expiration date of SFAR No. 112, Sec.  91.1603, from March 
20, 2019 to March 20, 2021, and maintains its prohibition of U.S. civil 
flight operations in the Tripoli FIR (HLLL) at altitudes below FL300.
    The FAA will continue to actively monitor the situation and 
evaluate the extent to which U.S. civil operators and airmen may be 
able to operate safely in the Tripoli FIR (HLLL) at altitudes below 
FL300. Amendments to SFAR No. 112, Sec.  91.1603, may be appropriate if 
the risk to aviation safety and security changes. The FAA may amend or 
rescind SFAR No. 112, Sec.  91.1603, as necessary, prior to its 
expiration date.
    The FAA also republishes, with minor revisions, the approval 
process and exemption information for this SFAR, so that persons 
described in paragraph (a) of the rule may refer to this final rule, 
rather than having to search through previous final rules to find the 
relevant approval process and exemption information. This approval 
process and exemption information is consistent with other similar 
SFARs and recent agency practice. In addition, the FAA is making an 
editorial correction to the title of the rule so that the ICAO four-
letter FIR identification code appears in parentheses after ``Tripoli 
Flight Information Region'' or ``Tripoli FIR,'' in accordance with the 
title formatting of more recently published SFARs. The FAA also makes 
other minor revisions for consistency with other recently published 
flight prohibition SFARs.

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 Tripoli FIR (HLLL) at altitudes below FL300. If 
a department, agency, or instrumentality of the U.S. Government 
determines that it has a critical need to engage any person described 
in SFAR No. 112, Sec.  91.1603, including a U.S. air carrier or 
commercial operator, to conduct a charter to transport civilian or 
military passengers or cargo, or other operations, in the Tripoli FIR 
(HLLL) at altitudes below FL300, that department, agency, or 
instrumentality may request the FAA to approve persons described in 
SFAR No. 112, Sec.  91.1603, to conduct such operations.
    An approval request must be made directly by the requesting 
department, agency, or instrumentality of the U.S. Government 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. The FAA will not accept or consider requests for 
approval by anyone other than the requesting department, agency, or 
instrumentality. In addition, the senior official signing the letter 
requesting FAA approval on behalf of the requesting department, agency, 
or instrumentality must be sufficiently positioned within the 
organization to demonstrate that the senior leadership of the 
requesting department, agency, or instrumentality supports the request 
for approval and is committed to taking all necessary steps to minimize 
operational 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, requests for approval must be submitted to the 
FAA no less than 30 calendar days before the date on which the 
requesting department, agency, or instrumentality wishes the proposed 
operations to commence.
    The letter must be sent 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 approval request is granted. If a requestor wishes to 
make an electronic submission to the FAA, the requestor should contact 
the Air

[[Page 9954]]

Transportation Division, Flight Standards Service, at (202) 267-8166, 
to obtain the appropriate email address. A single letter may request 
approval from the FAA for multiple persons described in SFAR No. 112, 
Sec.  91.1603, 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 in the Tripoli 
FIR (HLLL) at altitudes below FL300 where the proposed operation(s) 
will be conducted, including, but not limited to, the flight path and 
altitude of the aircraft while it is operating in the Tripoli FIR 
(HLLL) at altitudes below FL300 and the airports, airfields and/or 
landing zones at which the aircraft will take-off and land; and
     The method by which the 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., 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 Tripoli FIR (HLLL) at altitudes 
below FL300. Additional operators may be identified to the FAA at any 
time after the FAA approval is issued. However, all additional 
operators must be identified to, and obtain an Operations Specification 
(OpSpec) or Letter of Authorization (LOA) from, the FAA, as 
appropriate, for operations in the Tripoli FIR (HLLL) at altitudes 
below FL300, before such operators commence such operations. The 
approval conditions discussed below apply to any such additional 
operators. Updated lists should be sent to the email address to be 
obtained from the Air Transportation Division, by calling (202) 267-
8166.
    If an approval request includes classified information, requestors 
may contact Aviation Safety Inspector Dale E. Roberts for instructions 
on submitting it to the FAA. His contact information is listed 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 their responsibility 
to comply with all other applicable FAA rules and regulations. 
Operators of civil aircraft must comply with the conditions of their 
certificate, OpSpecs, and LOAs, as applicable. Operators must also 
comply with all rules and regulations of other U.S. Government 
departments or agencies 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 department, 
agency, or instrumentality informing it that the FAA's approval is 
subject to all of the following conditions:
    (1) The approval will stipulate those procedures and conditions 
that limit, to the greatest degree possible, the risk to the operator, 
while still allowing the operator to achieve its operational 
objectives.
    (2) Before any approval takes effect, the operator must submit to 
the FAA:
    (a) A written release of the U.S. Government from all damages, 
claims, and liabilities, including without limitation legal fees and 
expenses, relating to any event arising out of or related to the 
approved operations in the Tripoli FIR (HLLL) at altitudes below FL300; 
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 from or related to the approved 
operations in the Tripoli FIR (HLLL) at altitudes below FL300.
    (3) Other conditions that the FAA may specify, including those that 
may be imposed 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 issued by the FAA under chapter 443 of title 49, U.S. Code.
    If the FAA approves the proposed operation(s), the FAA will issue 
an OpSpec or a LOA, as applicable, to the operator(s) identified in the 
original request authorizing them to conduct the approved operation(s), 
and will notify the department, agency, or instrumentality that 
requested the FAA approval of any additional conditions beyond those 
contained in the approval letter.

VI. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval issued by the FAA 
through the approval process set forth previously must be conducted 
under an exemption from SFAR No. 112, Sec.  91.1603. A petition for 
exemption must comply with 14 CFR part 11 and requires exceptional 
circumstances beyond those contemplated by the approval process 
described in the previous section. In addition to the information 
required by 14 CFR 11.81, at a minimum, the requestor must describe in 
its submission to the FAA--
     The proposed operation(s), including the nature of the 
operation;
     The service to be provided by the person(s) covered by the 
SFAR;
     The specific locations in the Tripoli FIR (HLLL) at 
altitudes below FL300 where the proposed operation(s) will be 
conducted, including, but not limited to, the flight path and altitude 
of the aircraft while it is operating in the Tripoli FIR (HLLL) at 
altitudes below FL300 and the airports, airfields and/or landing zones 
at which the aircraft will take-off and land;
     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
     The plans and procedures that the operator will use to 
minimize the risks, identified in this preamble, to the proposed 
operations, so that granting the exemption would not adversely affect 
safety or would provide a level of safety at least equal to that 
provided by this SFAR. Note: The FAA has found comprehensive, organized 
plans and procedures to be helpful in facilitating the agency's safety 
evaluation of petitions for exemption from flight prohibition SFARs.
    Additionally, the release and agreement to indemnify, as referred 
to previously, are required as a condition of any exemption that may be 
issued under SFAR No. 112, Sec.  91.1603.
    The FAA recognizes that operations that may be affected by SFAR No. 
112, Sec.  91.1603, may be planned for the governments of other 
countries with the support of the U.S. Government. While these 
operations will not be permitted through the approval process, the FAA 
will consider exemption requests for such operations on an expedited 
basis

[[Page 9955]]

and prior to any private exemption requests.
    If a petition for exemption includes security-sensitive or 
proprietary information, requestors may contact Aviation Safety 
Inspector Dale E. Roberts for instructions on submitting it to the FAA. 
His contact information is listed in the For Further Information 
Contact section of this final rule.

VII. 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), as codified in 19 U.S.C. 
chapter 13, prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Agreements Act requires agencies 
to consider international standards and, where appropriate, that they 
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4), as codified in 2 U.S.C. chapter 25, 
requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    In conducting these analyses, the FAA has determined that this 
final rule has benefits that justify its costs. This rule is a 
significant regulatory action, as defined in section 3(f) of Executive 
Order 12866, as it raises novel policy issues contemplated under that 
Executive Order. As notice and comment under 5 U.S.C. 553 are not 
required for this final rule, the regulatory flexibility analyses 
described in 5 U.S.C. 603 and 604 regarding impacts on small entities 
are not required. This rule will not create unnecessary obstacles to 
the foreign commerce of the United States. This rule will not impose an 
unfunded mandate on State, local, or tribal governments, or on the 
private sector, by exceeding the threshold identified previously.

A. Regulatory Evaluation

    This action extends the expiration date of SFAR No. 112, Sec.  
91.1603, until March 20, 2021, and amends the rule to allow U.S. civil 
flight operations at altitudes at or above FL300 in the Tripoli FIR 
(HLLL). The FAA has determined that continuing to prohibit U.S. civil 
flight operations at altitudes below FL300 in the Tripoli FIR (HLLL) 
imposes only minimal cost, because few operators subject to the rule 
wish to operate in that airspace, owing to the continuing significant 
hazards to U.S. civil aviation therein, as detailed in the preamble of 
this final rule. The final rule provides an approval process, as 
previously described, for U.S. Government departments, agencies, and 
instrumentalities needing to engage U.S. civil aviation to support 
their activities in the Tripoli FIR (HLLL) at altitudes below FL300. 
Since 2011, when SFAR No. 112 was first issued, the FAA has granted a 
small number of such approvals, only two of which are currently active. 
Further supporting the finding, the FAA has only received one petition 
for exemption from SFAR No. 112, Sec.  91.1603, since its original 
issuance in 2011. That petition for exemption was subsequently 
withdrawn by the petitioner. As a result, the FAA finds the rule to be 
cost-beneficial, since the costs to the few operators who might wish to 
operate in the Tripoli FIR (HLLL) at altitudes below FL300 are exceeded 
by the benefits of avoiding significant loss of life, injuries, and 
property damage that might result if a U.S. operator's aircraft were 
downed by any of the hazards described in the preamble to this final 
rule.
    The FAA has determined, however, that extremist/militant elements 
operating in Libya are assessed not to possess anti-aircraft weapons 
capable of threatening U.S. civil aviation above FL260 and has also 
determined that there is a reduced risk of civil-military deconfliction 
concerns at cruising altitudes above FL300. Based on these assessments, 
this action amends the rule to allow overflights of the Tripoli FIR 
(HLLL) by U.S. civil operators and airmen at or above FL300. This 
provision is cost-beneficial, because it allows U.S. civil aviation 
operators the option of using certain air routes connecting Europe with 
central Africa and western Africa with the Middle East. These expected 
benefits outweigh the expected costs associated with the residual risk 
to U.S. civil aviation operations at or above FL300 from the hazards 
described in the preamble to this final rule.

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 an agency is required by 5 U.S.C. 
553, or any other law, 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 being required by 
that section or any other law to publish a general notice of proposed 
rulemaking. The FAA found good cause to forgo notice and comment and 
any delay in the effective date for this rule. As notice and comment 
under 5 U.S.C. 553 are not required in this situation, the regulatory 
flexibility analyses described in 5 U.S.C. 603 and 604 are not 
required.

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 hazards to aircraft operations in the Tripoli FIR (HLLL), 
a location outside the U.S. Therefore, this final 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

[[Page 9956]]

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 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined there 
is no new requirement for information collection associated with this 
final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA's policy to conform to ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA has determined there are no ICAO Standards and Recommended 
Practices that correspond to this regulation.
    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. 
In addition, foreign air carriers and other foreign operators may 
choose to avoid, or be advised/directed by their civil aviation 
authorities to avoid, airspace for which the FAA has issued a flight 
prohibition.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions (44 FR 1957, 
January 4, 1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 
12114 requires the FAA to be informed of environmental considerations 
and take those considerations into account when making decisions on 
major Federal actions that could have environmental impacts anywhere 
beyond the borders of the United States. The FAA has determined this 
action is exempt pursuant to Section 2-5(a)(i) of Executive Order 
12114, because it does not have the potential for a significant effect 
on the environment outside the United States.
    In accordance with FAA Order 1050.1F, ``Environmental Impacts: 
Policies and Procedures,'' paragraph 8-6(c), FAA has prepared a 
memorandum for the record stating the reason(s) for this determination; 
this memorandum has been placed in the docket for this rulemaking.

VIII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. The agency has determined 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 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.

D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This rule is not subject to the requirements of E.O. 13771 (82 FR 
9339, Feb. 3, 2017) because it is issued with respect to a national 
security function of the United States.

IX. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained from 
the internet by--
     Searching the Federal Document Management System (FDMS) 
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.govinfo.gov.
    Copies may also be obtained by sending a request (identified by 
amendment or docket number of this rulemaking) to the Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue 
SW, Washington, DC 20591, or by calling (202) 267-9677.
    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 Document 
Management System Portal referenced previously.

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 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, part 91, 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, 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. Revise Sec.  91.1603 to read as follows:

[[Page 9957]]

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

    (a) Applicability. This Special Federal Aviation Regulation (SFAR) 
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 U.S.-
registered aircraft for a foreign air carrier; and
    (3) All operators of U.S.-registered civil aircraft, except where 
the operator of such aircraft is a foreign air carrier.
    (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 Flight Information 
Region (FIR) (HLLL).
    (c) Permitted operations. This section does not prohibit persons 
described in paragraph (a) of this section from conducting flight 
operations in the Tripoli Flight Information Region (FIR) (HLLL) under 
the following circumstances:
    (1) Overflights of the Tripoli FIR (HLLL) may be conducted at 
altitudes at or above FL300, subject to the approval of, and in 
accordance with the conditions established by, the appropriate 
authorities of Libya.
    (2) Flight operations in the Tripoli FIR (HLLL) at altitudes below 
FL300 are permitted if they 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, or under an exemption issued by the FAA. The FAA will consider 
requests for approval or exemption in a timely manner, with the order 
of preference being: First, for those operations in support of U.S. 
Government-sponsored activities; second, for those operations in 
support of government-sponsored activities of a foreign country with 
the support of a U.S. Government department, agency, or 
instrumentality; and third, for all other operations.
    (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 responsible Flight Standards 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 (SFAR) 
will remain in effect until March 20, 2021. The FAA may amend, rescind, 
or extend this SFAR, as necessary.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on 
March 12, 019.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-04896 Filed 3-18-19; 8:45 am]
 BILLING CODE 4910-13-P