[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Rules and Regulations]
[Pages 15503-15507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06697]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules
and Regulations
[[Page 15503]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No.: FAA-2011-0246; Amdt. No. 91-321B]
RIN 2120-AK70
Prohibition Against Certain Flights Within the Tripoli (HLLL)
Flight Information Region (FIR); Extension of Expiration Date
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule and extension of expiration date.
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SUMMARY: This action extends the prohibition of flight operations
within the Tripoli (HLLL) Flight Information Region (FIR) by all: U.S.
air carriers; U.S. commercial operators; persons exercising the
privileges of 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 to address a potential hazard to
persons and aircraft engaged in such flight operations. Additionally,
the FAA is amending the prohibition to make clear that operations by
sub-contractors under a U.S. Government department, agency, or
instrumentality's contract, grant, or cooperative agreement may be
included in an approval request and to remove an obsolete reference to
paragraph 8 of United Nations Security Council Resolution (UNSCR) 1973.
The FAA is also revising the approval conditions that will apply to
operations authorized by other U.S. Government departments, agencies,
and instrumentalities that are approved by the FAA, and the information
about requests for exemption, to reflect the termination of statutory
authorization for the FAA premium war risk insurance program.
DATES: The final rule is effective March 20, 2015. This action extends
the period during which Special Federal Aviation Regulation (SFAR) No.
112, scheduled to expire on March 20, 2015, will remain in effect. The
expiration date is extended until March 20, 2017.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Will Gonzalez, 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].
For legal questions concerning this action, contact Mary Mason,
Office of the Chief Counsel, AGC-200, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8018; email [email protected].
SUPPLEMENTARY INFORMATION:
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.'' In this instance,
the FAA finds that notice and public comment to this immediately
adopted final rule, as well as any delay in the effective date of this
rule, are contrary to the public interest due to the immediate need to
address the continued potential hazard to civil aviation that exists in
the Tripoli (HLL) FIR, as described in the Background section of this
rule.
Authority for This Rulemaking
The FAA is responsible for the safety of flight in the United
States (U.S.) and for the safety of U.S. civil operators, U.S.-
registered 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, section 106(f), describes 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
that authority, because it extends the prohibition against the persons
subject to paragraph (a) of SFAR No. 112, 14 CFR 91.1603, conducting
flight operations in the Tripoli (HLLL) FIR due to the continued
potential hazard to the safety of such persons' flight operations, as
described in the Background section of this document.
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 to address potential hazards to
persons and aircraft engaged in such flight operations. The
prohibition, which is scheduled to expire on March 20, 2015, is hereby
extended to March 20, 2017.
II. Background
As a result of safety and national security concerns regarding
flight operations in the Tripoli (HLLL) FIR, the FAA issued Sec.
91.1603 of title 14, Code of Federal Regulations, SFAR No. 112, in
March 2011 (76 FR 16238, March 23, 2011). SFAR No. 112 prohibits all
U.S. air carriers; U.S. commercial operators; persons exercising the
privileges of an airman
[[Page 15504]]
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
SFAR.
When SFAR No. 112 was issued, an armed conflict was ongoing in
Libya and presented a potential hazard to 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 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 potential hazard to U.S. operators, U.S.-registered
aircraft, and FAA-certificated airmen that might operate within 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 the Gadhafi 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, Sec.
91.1603, to March 20, 2015. 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.
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. For those reasons, on March 21, 2014, the FAA published a
final rule (79 FR 15679; corrected at 79 FR 19288, April 8, 2014)
extending the expiration date of SFAR No. 112, Sec. 91.1603, to March
20, 2015.
The FAA continues 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 hold and control significant portions of
Western Libya, including Tripoli International Airport (HLLT). Militant
groups, such as Libyan Dawn, possess a variety of anti-aircraft
weapons, which give them the capability to target aircraft upon landing
and departure and at higher altitudes.
Civil aviation infrastructure is at risk from indirect fire from
mortars and rockets targeting Libyan airports during the ongoing
fighting. Civil aviation in the Tripoli FIR is also at risk from aerial
combat operations and other military activity conducted by Libyan
forces.
Furthermore, the security situation in the Tripoli (HLLL) FIR
continues to be unpredictable and unstable. Therefore, since there is a
significant continuing risk to the safety of U.S. civil aviation in the
Tripoli (HLLL) FIR, the FAA hereby extends the expiration date of SFAR
No. 112, Sec. 91.1603, for an additional two years.
The FAA will continue to actively evaluate the area to determine to
what extent U.S. civil operators may be able to safely operate therein.
Adjustments to this SFAR may be appropriate if the risk to aviation
safety and security changes. The FAA may amend or rescind this SFAR as
necessary prior to its expiration date.
Additionally, the FAA is amending paragraph (c), Permitted
operations, of SFAR No. 112, Sec. 91.1603, to make clear that
operations by sub-contractors under a U.S. Government department,
agency, or instrumentality's contract, grant, or cooperative agreement
may be included in an approval request and to remove an obsolete
reference to paragraph 8 of UNSCR 1973. UNSCR 2016 (2011) terminated
paragraphs 6 to 12 of UNSCR 1973, effective 23:59 p.m. Libyan local
time on October 31, 2011. The FAA is also revising the approval
conditions that will apply to operations authorized by other U.S.
Government departments, agencies, and instrumentalities and approved by
the FAA, and the information about requests for exemption, to reflect
the termination of statutory authorization for the FAA premium war risk
insurance program. Section 102 of Division L of the Consolidated and
Further Continuing Appropriations Act, 2015, Public Law 113-235,
December 16, 2014, inter alia, amended 49 U.S.C. 44302(f) and 44310(a)
to specify the termination dates in those sections as December 11,
2014. The effect was to terminate coverage under FAA's premium war risk
insurance program as of December 11, 2014.
Because the circumstances described herein warrant immediate action
by the FAA, I find that notice and public comment under 5 U.S.C.
553(b)(3)(B) are impracticable and contrary to the public interest.
Further, I find that good cause exists under 5 U.S.C. 553(d) for making
this rule effective immediately upon issuance. I also find that this
action is fully consistent with the obligations under 49 U.S.C. 40105
to ensure that I exercise my duties consistently with the obligations
of the United States under international agreements.
Revised Approval Conditions
As noted above, Congress terminated coverage under FAA's premium
war risk insurance program as of December 11, 2014. Consequently, the
FAA is revising the approval conditions that will apply to any
approvals that the FAA may grant for flight operations authorized by
another U.S. Government department, agency or instrumentality in the
Tripoli (HLLL) FIR to remove material related to this program. When the
FAA approves such operations, the FAA's Aviation Safety Organization
(AVS) will send a letter to the requesting department, agency, or
instrumentality confirming that the FAA's approval is subject to the
following conditions:
(1) Any 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; and
(b) the operator's 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
(HLLL) FIR; and
(3) Other conditions that the FAA may specify, including those that
may be imposed in OpSpecs.
The release and agreement to indemnify do not preclude an operator
from raising a claim under an applicable non-premium war risk insurance
policy
[[Page 15505]]
issued by the FAA under chapter 443 of title 49, United States Code.
If the proposed operation or operations are approved, the FAA will
issue OpSpecs to the certificate holder authorizing these operations
and will notify the department, agency, or instrumentality that
requested FAA approval of civil flight operations to be conducted by
one or more persons described in paragraph (a) of SFAR No. 112, Sec.
91.1603, of any additional conditions beyond those contained in the
approval letter. The requesting department, agency, or instrumentality
must have a contract, grant, or cooperative agreement (or its prime
contractor must have a subcontract) with the person(s) described in
paragraph (a) of SFAR No. 112, Sec. 91.1603, on whose behalf the
department, agency, or instrumentality requests FAA approval.
Requests for Exemption
Any operations not conducted under the approval process set forth
above must be conducted under an exemption from SFAR No. 112, Sec.
91.1603. A request by any person covered under this SFAR for an
exemption must comply with 14 CFR part 11 and will require exceptional
circumstances beyond those contemplated by the approval process set
forth above. 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 within the Tripoli FIR where the
proposed operation(s) will be conducted; and
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
(e.g., the pre-mission planning and briefing, in-flight, and post-
flight phases).
Additionally, the release and agreement to indemnify, as referred
to above, will be required as a condition of any exemption issued under
this SFAR. 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 process exemption requests for such operations on an expedited
basis and prior to any private exemption requests.
III. 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 amended, 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.
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 that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost 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, the prohibition by
SFAR No. 112 of flight operations within the Tripoli (HLLL) Flight
Information Region (FIR) by all: U.S. air carriers, U.S. commercial
operators; persons exercising the privileges of 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. Because of the civil war that was ongoing in
Libya when SFAR No. 112 was issued, the FAA believed that few, if any,
operators were operating in the Tripoli (HLLL) FIR. Consequently, the
FAA found the costs of SFAR No. 112 to be minimal. Given the continuing
threats to civil aviation in the Tripoli (HLLL) FIR described in the
Background section of this final rule, including but not limited to
ongoing fighting involving various groups, the FAA has determined that
the costs of continuing to prohibit U.S. civil flights in the Tripoli
FIR are still minimal. These minimal costs are exceeded by the benefits
of avoiding the significant hazards to civil aviation detailed above in
the Background section of this preamble.
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, because 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, if adopted, 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 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
[[Page 15506]]
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.
As discussed above, the FAA estimates the costs of this rule will
be minimal. 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.
B. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended,
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
potential hazards outside the U.S. Therefore, the rule is in compliance
with the Trade Agreements Act.
C. 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 $151.0 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.
D. 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 that
there is no new requirement for information collection associated with
this immediately adopted final rule.
E. 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.
F. Environmental Analysis
FAA Order 1050.1E 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 312f 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 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 312f. 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 1050.1E.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this immediately adopted 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 immediately adopted 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.
V. 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 Printing 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) 267-9680. Please
identify the docket or amendment number of this rulemaking in your
request.
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
[[Page 15507]]
(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 person 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. In Sec. 91.1603, revise paragraphs (c) and (e) to read as follows:
Sec. 91.1603 Special Federal Aviation Regulation No. 112--Prohibition
Against Certain Flights Within the Tripoli (HLLL) Flight Information
Region (FIR).
* * * * *
(c) Permitted operations. This section does not prohibit persons
described in paragraph (a) of this section from conducting flight
operations within the Tripoli (HLLL) FIR under the following
conditions:
(1) Flight operations are conducted under a contract, grant, or
cooperative agreement with 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
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]
* * * * *
(e) Expiration. This Special Federal Aviation Regulation will
remain in effect until March 20, 2017. 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 19,
2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-06697 Filed 3-20-15; 8:45 am]
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