[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57379-57384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20316]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2020-0874; Amdt. No. 91-359A]
RIN 2120-AL75


Extension of the Prohibition Against Certain Flights in the 
Tehran Flight Information Region (FIR) (OIIX)

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

ACTION: Final rule.

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

SUMMARY: This action extends, for an additional two years, the 
prohibition against certain flight operations in the Tehran Flight 
Information Region (FIR) (OIIX) by all: U.S. air carriers; U.S. 
commercial operators; persons exercising the privileges of an airman 
certificate issued by the FAA, except when such persons are operating 
U.S.-registered aircraft for a foreign air carrier; and operators of 
U.S.-registered civil aircraft, except when the operator of such 
aircraft is a foreign air carrier. The FAA finds this action to be 
necessary to address continuing hazards to persons and aircraft engaged 
in such flight operations. The FAA also republishes, with minor 
administrative revisions, the approval process and exemption 
information for this Special Federal Aviation Regulation (SFAR), 
consistent with other recently published flight prohibition SFARs.

DATES: This final rule is effective on September 20, 2022.

FOR FURTHER INFORMATION CONTACT: Bill Petrak, 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 expiration date of Special Federal Aviation 
Regulation (SFAR) No. 117, title 14 Code of Federal Regulations (CFR), 
91.1617, from October 31, 2022, until October 31, 2024. SFAR No. 117, 
14 CFR 91.1617, prohibits certain flight operations in the Tehran FIR 
(OIIX) by all: U.S. air carriers; U.S. commercial operators; persons 
exercising the privileges of an airman certificate issued by the FAA, 
except when such persons are operating U.S.-registered aircraft for a 
foreign air carrier; and operators of U.S.-registered civil aircraft, 
except when the operator of such aircraft is a foreign air carrier. 
Consistent with other recently published flight prohibition SFARs, this 
action also republishes, with minor administrative revisions, the 
approval process and exemption information for this SFAR for 
consistency with other recently-published flight prohibition SFARs.

II. Authority and Good Cause

A. Authority

    The FAA is responsible for the safety of flight in the U.S. and for 
the safety of U.S. civil operators, U.S.-registered civil aircraft, and 
U.S.-certificated airmen throughout the world. Sections 106(f) and (g) 
of title 49, U.S. Code (U.S.C.), subtitle I, establish the FAA 
Administrator's authority to issue rules on aviation safety. Subtitle 
VII of title 49, Aviation Programs, describes in more detail the scope 
of the agency's authority. Section 40101(d)(1) provides that the 
Administrator shall consider in the public interest, among other 
matters,

[[Page 57380]]

assigning, maintaining, and enhancing safety and security as the 
highest priorities in air commerce. Section 40105(b)(1)(A) requires the 
Administrator to exercise this authority consistently with the 
obligations of the U.S. Government under international agreements.
    The FAA is promulgating this rule under the authority described in 
49 U.S.C. 44701, General requirements. Under that section, the FAA is 
charged broadly with promoting safe flight of civil aircraft in air 
commerce by prescribing, among other things, regulations and minimum 
standards for practices, methods, and procedures that the Administrator 
finds necessary for safety in air commerce and national security. This 
regulation is within the scope of the FAA's authority because it 
continues to prohibit the persons described in paragraph (a) of SFAR 
No. 117, Sec.  91.1617, from conducting flight operations in the Tehran 
FIR (OIIX) due to the continuing hazards to the safety of U.S. civil 
flight operations, as described in the preamble to this final rule.

B. Good Cause for Immediate Adoption

    Section 553(b)(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.'' Also, section 553(d) 
permits agencies, upon a finding of good cause, to issue rules with an 
effective date less than 30 days from the date of publication. In this 
instance, the FAA finds good cause to forgo notice and comment because 
notice and comment would be impracticable and contrary to the public 
interest. In addition, it is contrary to the public interest to allow 
this SFAR to expire.
    The risk environment for U.S. civil aviation in airspace managed by 
other countries with respect to safety of flight is fluid in 
circumstances involving 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 or militant 
activity, or heightened tensions. This fluidity and the need for the 
FAA to rely upon classified information in assessing these risks makes 
providing notice and opportunity to comment impracticable and contrary 
to the public interest. 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. Furthermore, to the extent that these rules and any 
amendments are based upon classified information, the FAA cannot share 
such information with the general public. As a result, engaging in 
notice and comment would be impracticable.
    Additionally, it is crucial that the FAA's flight prohibitions, and 
any amendments thereto, reflect the agency's current understanding of 
the risk environment for U.S. civil aviation. This allows the FAA to 
protect the safety of U.S. operators' aircraft and the lives of their 
passengers and crews without over-restricting U.S. operators' routing 
options. The delay that would be occasioned by providing an opportunity 
to comment on this action would mean that the resulting final action 
would not be based on the latest information about aviation risk in a 
fluid environment.
    As described in the preamble to this rule, extending the flight 
prohibition for U.S. civil aviation operations in the Tehran FIR (OIIX) 
is necessary due to continuing safety-of-flight hazards associated with 
the ongoing risk of misidentification of civil aircraft in an 
environment of continued heightened tensions in the region, as well as 
the risks to civil aircraft from unannounced military activities, 
including ballistic missile launches and unmanned aircraft systems 
(UAS) operations, in the region.
    Accordingly, the FAA finds good cause exists to forgo notice and 
comment and any delay in the effective date for this rule.

III. Background and Discussion of the Final Rule

    The FAA originally issued SFAR No. 117, 14 CFR 91.1617, after Iran 
conducted retaliatory ballistic missile strikes targeting U.S. air 
bases in Iraq on January 7, 2020, following the death of Iranian 
Revolutionary Guard Corps (IRGC) Quds Force Commander Qassem Soleimani 
in a U.S. airstrike.\1\ Due to the heightened military activities in 
the region at that time, including the heightened alert status of 
Iranian military forces, and elevated political tensions in the Middle 
East, which included the potential for further escalation, the FAA 
determined an unacceptable risk to U.S. civil aviation existed in the 
Baghdad FIR (ORBB), the Tehran FIR (OIIX), and the overwater areas of 
the Persian Gulf and the Gulf of Oman due to the potential for 
miscalculation or misidentification.
---------------------------------------------------------------------------

    \1\ See Prohibition Against Certain Flights in the Tehran Flight 
Information Region (FIR) (OIIX) final rule, 85 FR 68435, Oct. 29, 
2020.
---------------------------------------------------------------------------

    To address these immediate safety-of-flight hazards, on January 7, 
2020, UTC, the FAA issued Notices-to-Airmen (NOTAMs) KICZ A0001/20, 
A0002/20, and A0003/20, which prohibited U.S. civil flight operations 
in the Baghdad FIR (ORBB), the Tehran FIR (OIIX), and the overwater 
airspace above the Persian Gulf and the Gulf of Oman, respectively.\2\ 
Unfortunately, within hours after the FAA issued NOTAM KICZ A0002/20, 
Iranian air defense forces accidentally shot down Ukraine International 
Airlines Flight 752 (PS 752), shortly after its departure from Tehran 
Imam Khomeini International Airport (OIIE). These forces apparently 
misidentified the aircraft, which was conducting a regularly scheduled 
passenger flight, as a missile threat. There were no survivors out of 
the 176 passengers and crew.
---------------------------------------------------------------------------

    \2\ SFAR No. 117, 14 CFR 91.1617, and this rulemaking action are 
limited in scope to the Tehran FIR (OIIX).
---------------------------------------------------------------------------

    Following this tragedy, there was uncertainty about how long the 
hazards to civil aviation in the Tehran FIR (OIIX) would persist; 
whether Iran would be transparent in its investigation into the downing 
of PS 752; and whether Iran would implement changes in its air defense 
command and control procedures, airspace de-confliction processes, and 
rules of engagement for air defense engagements to reduce the risk of 
further tragedies sufficiently to allow for safe U.S. civil aviation 
operations in the Tehran FIR (OIIX).
    The FAA continues to assess the situation in the Tehran FIR (OIIX) 
as presenting an unacceptable risk to the safety of U.S. civil 
aviation. Heightened regional tensions remain. The FAA has received no 
information indicating that Iran has implemented changes to its air 
defense command and control procedures, airspace de-confliction 
procedures, and rules of engagement that sufficiently diminish the risk 
of another accidental shoot down of a civil aircraft by Iranian air 
defense units in the Tehran FIR (OIIX) during the current or future 
periods of heightened tensions for U.S. civil aviation operations to 
resume safely.
    Additionally, when the FAA initially issued SFAR No. 117, Sec.  
91.1617, the agency was also concerned about the wide array of military 
activities occurring in, emanating from, or transiting the Tehran FIR 
(OIIX), in an environment of heightened regional tensions. There was 
the potential for Iranian ballistic missile fire from western Iran 
targeting Islamic State of Iraq and ash-Sham (ISIS) and Kurdish 
opposition groups located in the region, as had occurred in September 
2018 and June 2017. Iran had also conducted

[[Page 57381]]

multiple ballistic missile test launches in the Tehran FIR (OIIX). To 
the FAA's knowledge, Iran had not issued a NOTAM or other aeronautical 
information to warn civil aircraft operators of the potential hazard to 
their operations prior to these missile launches. Additionally, the FAA 
assessed a potential inadvertent risk to U.S. civil aviation operations 
in the Tehran FIR (OIIX) from Iranian-fielded Global Positioning System 
(GPS) and communication jammers continued to exist. These circumstances 
further contributed to the unacceptable risk environment for U.S. civil 
aviation in the Tehran FIR (OIIX).
    The FAA has continued concerns regarding the potential for 
unannounced Iranian ballistic missile fire, as well as UAS activity, 
originating from western Iran and targeting sites in the region. Such 
activity presents safety-of-flight hazards to civil aviation and 
airspace de-confliction challenges. On March 12, 2022, up to twelve 
Fateh-110 surface-to-surface ballistic missiles launched from western 
Iran and impacted near the construction site of the new U.S. consulate 
in Erbil, Iraq, and Erbil International Airport (ORER). Iranian 
officials claimed responsibility for the ballistic missile attack, 
allegedly carried out in response to the loss of two IRGC officials in 
an alleged third-party airstrike in Syria. Nearly 48 hours after the 
March 12, 2022 missile strikes on targets in Erbil, Iran issued a 
NOTAM, OIIX A0961/22, which stated ``All military activity will perform 
with close cooperation by civil authorities and according to risk 
analysis results, the launch site and its related activities are clear 
and with the safe distance from all ATS route, CTR, TMA and CTA.'' \3\ 
The timing of this NOTAM, following closely after the missile launches, 
raises concerns that its issuance may have been an attempt to allay the 
safety concerns of the international civil aviation community and may 
not accurately reflect Iran's processes and procedures for safeguarding 
civil aviation operations during military activities, such as missile 
launches.
---------------------------------------------------------------------------

    \3\ The following acronyms used in the Iranian NOTAM are common 
International Civil Aviation Organization (ICAO) acronyms that refer 
to aspects of airspace structure:
    ``ATS'' means ``air traffic service,''
    ``CTR'' means ``control traffic region,''
    ``TMA'' means ``traffic management area,'' and
    ``CTA'' means ``control area.''
---------------------------------------------------------------------------

    Therefore, as a result of the significant, continuing risks to the 
safety of U.S. civil aviation operations in the Tehran FIR (OIIX), the 
FAA extends the expiration date of SFAR No. 117, Sec.  91.1617, from 
October 31, 2022, until October 31, 2024.
    Further amendments to SFAR No. 117, Sec.  91.1617, might be 
appropriate if the risk to U.S. civil aviation safety and security 
changes. In this regard, the FAA will continue to monitor the situation 
and evaluate the extent to which persons described in paragraph (a) of 
SFAR No. 117, Sec.  91.1617, might be able to operate safely in the 
Tehran FIR (OIIX).
    The FAA also republishes the details concerning the approval and 
exemption processes in Sections IV and V of this preamble, consistent 
with other recently published flight prohibition SFARs, to enable 
interested persons to refer to this final rule for comprehensive 
information about requesting relief from the FAA from the provisions of 
SFAR No. 117, Sec.  91.1617.

IV. 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 Tehran FIR (OIIX). If a department, agency, or 
instrumentality of the U.S. Government determines that it has a 
critical need to engage any person described in paragraph (a) of SFAR 
No. 117, Sec.  91.1617, including a U.S. air carrier or commercial 
operator, to transport civilian or military passengers or cargo or 
conduct other operations in the Tehran FIR (OIIX), that department, 
agency, or instrumentality may request the FAA to approve persons 
described in paragraph (a) of SFAR No. 117, Sec.  91.1617, to conduct 
such operations.
    The requesting U.S. Government department, agency, or 
instrumentality must submit the request for approval to the FAA's 
Associate Administrator for Aviation Safety in a letter signed by an 
appropriate senior official of the requesting department, agency, or 
instrumentality.\4\ The FAA will not accept or consider requests for 
approval from anyone other than the requesting U.S. Government 
department, agency, or instrumentality. In addition, the senior 
official signing the letter requesting FAA approval must be 
sufficiently positioned within the requesting department, agency, or 
instrumentality to demonstrate that the organization's senior 
leadership supports the request for approval and is committed to taking 
all necessary steps to minimize aviation safety and security risks to 
the proposed flights. The senior official must also be in a position 
to: (1) attest to the accuracy of all representations made to the FAA 
in the request for approval, and (2) ensure that any support from the 
requesting U.S. Government department, agency, or instrumentality 
described in the request for approval is in fact brought to bear and is 
maintained over time. Unless justified by exigent circumstances, 
requesting U.S. Government departments, agencies, or instrumentalities 
must submit requests for approval to the FAA no less than 30 calendar 
days before the date on which the requesting department, agency, or 
instrumentality wishes the operator(s) to commence the proposed 
operation(s).
---------------------------------------------------------------------------

    \4\ This approval procedure applies to U.S. Government 
departments, agencies, or instrumentalities; it does not apply to 
the public. The FAA describes this procedure in the interest of 
providing transparency with respect to the FAA's process for 
interacting with U.S. Government departments, agencies, or 
instrumentalities that seek to engage U.S. civil aviation to operate 
in the area in which this SFAR would prohibit their operations in 
the absence of specific FAA approval.
---------------------------------------------------------------------------

    The requestor must send the request to the Associate Administrator 
for Aviation Safety, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591. Electronic submissions are acceptable, 
and the requesting entity may request that the FAA notify it 
electronically as to whether the FAA grants the request for approval. 
If a requestor wishes to make an electronic submission to the FAA, the 
requestor should contact the Air 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. 117, Sec.  91.1617, or for multiple 
flight operations. To the extent known, the letter must identify the 
person(s) the requester expects the SFAR to cover on whose behalf the 
U.S. Government department, agency, or instrumentality seeks FAA 
approval, and it must describe--
     The proposed operation(s), including the nature of the 
mission being supported;
     The service the person(s) covered by the SFAR will 
provide;
     To the extent known, the specific locations in the Tehran 
FIR (OIIX) where the proposed operation(s) will occur, including, but 
not limited to, the flight path and altitude of the aircraft while it 
is operating in the Tehran FIR (OIIX) and the airports, airfields, or 
landing zones at which the aircraft will take off and land; and

[[Page 57382]]

     The method by which the requesting department, agency, or 
instrumentality will provide, or how the operator will otherwise 
obtain, current threat information and an explanation of how the 
operator will integrate this information into all phases of the 
proposed operations (i.e., the pre-mission planning and briefing, in-
flight, and post-flight phases).
    The request for approval must also include a list of operators with 
whom the U.S. Government department, agency, or instrumentality 
requesting FAA approval has a current contract(s), grant(s), or 
cooperative agreement(s) (or its prime contractor has a subcontract(s)) 
for specific flight operations in the Tehran FIR (OIIX). The requestor 
may identify additional operators to the FAA at any time after the FAA 
issues its approval. Neither the operators listed in the original 
request, nor any operators the requestor subsequently seeks to add to 
the approval, may commence operations under the approval until the FAA 
issues them an Operations Specification (OpSpec) or Letter of 
Authorization (LOA), as appropriate, for operations in the Tehran FIR 
(OIIX). The approval conditions discussed below apply to all operators. 
Requestors should send updated lists to the email address they obtain 
from the Air Transportation Division by calling (202) 267-8166.
    If an approval request includes classified information, requestors 
may contact Aviation Safety Inspector Bill Petrak for instructions on 
submitting it to the FAA. His contact information appears in the FOR 
FURTHER INFORMATION CONTACT section of this final rule.
    FAA approval of an operation under SFAR No. 117, Sec.  91.1617, 
does not relieve persons subject to this SFAR of the responsibility to 
comply with all other applicable FAA rules and regulations. Operators 
of civil aircraft must comply with the conditions of their 
certificates, OpSpecs, and LOAs, as applicable. Operators must also 
comply with all rules and regulations of other U.S. Government 
departments, agencies, or instrumentalities that may apply to the 
proposed operation(s), including, but not limited to, regulations 
issued by the Transportation Security Administration.

B. Approval Conditions

    If the FAA approves the request, the FAA's Aviation Safety 
organization will send an approval letter to the requesting U.S. 
Government department, agency, or 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 Tehran FIR (OIIX); and
    (b) The operator's written agreement to indemnify the U.S. 
Government with respect to any and all third-party damages, claims, and 
liabilities, including without limitation legal fees and expenses, 
relating to any event arising out of or related to the approved 
operations in the Tehran FIR (OIIX).
    (3) Other conditions the FAA may specify, including those the FAA 
might impose in OpSpecs or LOAs, as applicable.
    The release and agreement to indemnify do not preclude an operator 
from raising a claim under an applicable non-premium war risk insurance 
policy the FAA issues under chapter 443 of title 49, U.S. Code.
    If the FAA approves the proposed operation(s), the FAA will issue 
an OpSpec or LOA, as applicable, to the operator(s) identified in the 
original request and any operators the requestor subsequently adds to 
the approval, authorizing them to conduct the approved operation(s). In 
addition, as stated in paragraph (3) of this section IV.B, the FAA 
notes that it may include additional conditions beyond those contained 
in the approval letter in any OpSpec or LOA associated with a 
particular operator operating under this approval, as necessary in the 
interests of aviation safety. U.S. Government departments, agencies, 
and instrumentalities requesting FAA approval on behalf of entities 
with which they have a contract or subcontract, grant, or cooperative 
agreement should request a copy of the relevant OpSpec or LOA directly 
from the entity with which they have any of the foregoing types of 
arrangements, if desired.

V. Information Regarding Petitions for Exemption

    Any operations not conducted under an approval the FAA issues 
through the approval process set forth previously may only occur in 
accordance with an exemption from SFAR No. 117, Sec.  91.1617. A 
petition for exemption must comply with 14 CFR part 11. The FAA will 
consider whether exceptional circumstances exist beyond those described 
in the approval process in the previous section. To determine whether a 
petition for exemption from the prohibition this SFAR establishes 
fulfills the standard of 14 CFR 11.81, the FAA consistently finds 
necessary the following information:
     The proposed operation(s), including the nature of the 
operation;
     The service the person(s) covered by the SFAR will 
provide;
     The specific locations in the Tehran FIR (OIIX) where the 
proposed operation(s) will occur, including, but not limited to, the 
flight path and altitude of the aircraft while it is operating in the 
Tehran FIR (OIIX) and the airports, airfields, 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 the operator will use to minimize 
the risks identified in this preamble to the proposed operations, to 
support the relief sought and demonstrate that granting such relief 
would not adversely affect safety or would provide a level of safety at 
least equal to that provided by this SFAR. The FAA has found 
comprehensive, organized plans and procedures of this nature to be 
helpful in facilitating the agency's safety evaluation of petitions for 
exemption from flight prohibition SFARs.
    The FAA includes, as a condition of each such exemption it issues, 
a release and agreement to indemnify, as described previously.
    The FAA recognizes that, with the support of the U.S. Government, 
the governments of other countries could plan operations that may be 
affected by SFAR No. 117, Sec.  91.1617. While the FAA will not permit 
these operations through the approval process, the FAA will consider 
exemption requests for such operations on an expedited basis and in 
accordance with the order of preference set forth in paragraph (c) of 
SFAR No. 117, Sec.  91.1617.
    If a petition for exemption includes information that is sensitive 
for security reasons or proprietary information, requestors may contact 
Aviation Safety Inspector Bill Petrak for instructions on submitting it 
to the FAA. His contact information is listed in the FOR FURTHER 
INFORMATION CONTACT section of this final rule.

[[Page 57383]]

VI. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. 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 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 5 U.S.C. 553 does not require notice and comment for this 
final rule, 5 U.S.C. 603 and 604 do not require regulatory flexibility 
analyses regarding impacts on small entities. 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 rule prohibits U.S. civil flights in the Tehran FIR (OIIX) due 
to the significant hazards to U.S. civil aviation described in this 
preamble. The alternative flight routes result in some additional fuel 
and operations costs to the operators, as well as some costs attributed 
to passenger time. Accordingly, the incremental costs of the extension 
of this SFAR are minimal. By continuing to prohibit unsafe flights, the 
benefits of this rule will exceed the minimal flight deviation costs. 
Therefore, the FAA finds that the incremental costs of extending SFAR 
No. 117, 14 CFR 91.1617, will be minimal and are exceeded by the 
benefits of avoided risk of deaths, injuries, and property damage that 
could occur if a U.S. operator's aircraft were shot down (or otherwise 
damaged) while operating in the Tehran FIR (OIIX).

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever 5 U.S.C. 553 or any other law 
requires an agency to publish a general notice of proposed rulemaking 
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to 
prepare a final regulatory flexibility analysis when an agency issues a 
final rule under 5 U.S.C. 553 after that section or any other law 
requires publication of a general notice of proposed rulemaking. The 
FAA concludes good cause exists to forgo notice and comment and to not 
delay the effective date for this rule. As 5 U.S.C. 553 does not 
require notice and comment in this situation, 5 U.S.C. 603 and 604 
similarly do not require regulatory flexibility analyses.

C. International Trade Impact Assessment

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

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $165 million in lieu of $100 
million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
the FAA to consider the impact of paperwork and other information 
collection burdens it imposes on the public. The FAA has determined no 
new requirement for information collection is associated with this 
final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, the FAA's policy is to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined no ICAO Standards and Recommended Practices correspond to 
this regulation. The FAA finds this action is fully consistent with the 
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure the FAA exercises 
its duties consistently with the obligations of the United States under 
international agreements.
    While the FAA's flight prohibition does not apply to foreign air 
carriers, DOT codeshare authorizations prohibit foreign air carriers 
from carrying a U.S. codeshare partner's code on a flight segment that 
operates in airspace for which the FAA has issued a flight prohibition 
for U.S. civil aviation. In addition, foreign air carriers and other 
foreign operators may choose to avoid, or be advised or directed by 
their civil aviation authorities to avoid, airspace for which the FAA 
has issued a flight prohibition for U.S. civil aviation.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions, and DOT Order 
5610.1C, Paragraph 16. Executive Order 12114 requires the FAA to be 
informed

[[Page 57384]]

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), the FAA has prepared a 
memorandum for the record stating the reason(s) for this determination 
and has placed it in the docket for this rulemaking.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

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

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

    The FAA analyzed this rule under Executive Order 13211. The agency 
has determined it is not a ``significant energy action'' under the 
executive order and will not be likely to have a significant adverse 
effect on the supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609 promotes international regulatory cooperation 
to meet shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609 and has determined that this action will have no 
effect on international regulatory cooperation.

VIII. Additional Information

A. Electronic Access

    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 docket for this 
rulemaking.
    Those documents may be viewed online at https://www.regulations.gov 
using the docket number listed above. A copy of this rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website 
at https://www.govinfo.gov. A copy may also be found at the FAA's 
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    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. 
Interested persons must identify the docket or amendment number of this 
rulemaking.

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, Iran.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 
U.S.C. 44703 note); articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.1617 by revising paragraph (e) to read as follows:


Sec.  91.1617  Special Federal Aviation Regulation No. 117--Prohibition 
Against Certain Flights in the Tehran Flight Information Region (FIR) 
(OIIX).

* * * * *
    (e) Expiration. This SFAR will remain in effect until October 31, 
2024. 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 or 
about September 19, 2022.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-20316 Filed 9-19-22; 8:45 am]
BILLING CODE 4910-13-P