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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations
This final rule is effective on December 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Stephen Moates, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone 2022678166;
email stephen.moates@faa.gov.
SUPPLEMENTARY INFORMATION:
DATES:

I. Executive Summary This action extends the prohibition against certain flights in the specified areas of the Sanaa Flight Information Region FIR OYSC 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.
Specifically, this amendment continues to prohibit all persons described in paragraph a of SFAR No. 115, title 14
Code of Federal Regulations CFR, 91.1611, from conducting civil flight operations in the specified areas of the Sanaa FIR OYSC, as described in paragraph b of the rule, until January 7, 2025, due to the significant, continuing safety-of-flight risks to U.S.
civil aviation operations in that airspace associated with the ongoing conflict between the Saudi Arabian-led Coalition SLC and Iranian-aligned Houthi forces.

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II. Legal Authority and Good Cause A. Legal Authority The FAA is responsible for the safety of flight in the U.S. and the safety of U.S. civil operators, U.S.-registered civil aircraft, and U.S.-certificated airmen throughout the world. Sections 106f and g of title 49, United States Code U.S.C., subtitle I, establish the FAA
Administrators authority to issue rules on aviation safety. Subtitle VII of title 49, Aviation Programs, describes in more detail the scope of the agencys authority. Section 40101d1 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 40105b1A requires the Administrator to exercise this authority consistently with the obligations of the U.S. Government under international agreements.
The FAA is promulgating this rulemaking under the authority described in 49 U.S.C. 44701, General requirements. Under that section, the
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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 FAAs authority because it continues to prohibit the persons described in paragraph a of SFAR No.
115, 91.1611, from conducting civil flight operations in the specified areas of the Sanaa FIR OYSC due to significant, continuing risks 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 553bB of title 5, U.S.C., 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 553d also authorizes agencies to forgo the delay in the effective date of a final rule for good cause found and published with the rule. In this instance, the FAA
finds good cause exists 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 any lapse in the effectivity of the prohibition of U.S.
civil flights in the areas to which this SFAR applies, making it appropriate to waive any delay in effective date.
The risk environment for U.S. civil aviation in airspace managed by other countries with respect to the safety of flight is often 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 and militant activity, or heightened tensions. This fluidity and the need for the FAA to rely upon classified information in assessing these risks make issuing notice and seeking comments 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. 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,
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who cannot meaningfully comment on information to which they are not legally allowed access. As a result, engaging in notice and comment would be impracticable.
Additionally, while there is a public interest in having an opportunity for the public to comment on agency action, it is crucial that the FAAs flight prohibitions, and any amendments thereto, reflect the agencys 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 overrestricting U.S. operators routing options.
As described in the preamble to this rule, extending the flight prohibition for U.S. civil aviation operations in the specified areas of the Sanaa FIR OYSC
is necessary due to significant, continuing safety-of-flight hazards associated with the ongoing conflict between the SLC and Iranian-aligned Houthi forces. Such circumstances establish that engaging in notice and comment for this rule would be impracticable and contrary to the public interest. Accordingly, the FAA finds good cause exists to forgo notice and comment and any delay in the effective date for this rule.
III. Background On January 7, 2016, the FAA
published SFAR No. 115, 91.1611, to prohibit U.S. civil aviation operations in the specified areas of the Sanaa FIR
OYSC, due to the hazardous situation faced by U.S. civil aviation from ongoing military operations, political instability, violence from competing armed groups, and the continuing terrorism threat from extremist elements associated with the fighting and instability in Yemen.1
The FAA determined international civil air routes that transited the thenspecified areas of the Sanaa FIR OYSC
and aircraft operating to and from Yemeni airports were at risk from terrorist and militant groups potentially employing anti-aircraft-capable weapons, including man-portable air defense systems MANPADS, surfaceto-air missiles SAMs, small-arms fire, and indirect fire from mortars and rockets. At the time it promulgated the January 2016 final rule, the FAA found that due to the fighting and instability, there was a risk of possible loss of state control over more advanced antiaircraft-capable weapons to terrorist and 1 Prohibition Against Certain Flights in Specified Areas of the Sanaa OYSC Flight Information Region FIR final rule, 81 FR 727 Jan. 7, 2016.

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