Federal Register - December 7, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations
In addition, the FAA has determined U.S. civil aviation operations may continue safely at this time in the remainder of the Sanaa FIR OYSC.
Specifically, U.S. civil aviation operations remain permitted in that airspace west of a line drawn direct from KAPET 163322N 0530614E to NODMA 152603N 0533359E, southwest of a line drawn direct from NODMA to ORBAT 140638N
0503924E then from ORBAT to PAKER
115500N 0463500E, north of a line drawn direct from PAKER to PARIM
123142N 0432712E, and east of a line drawn direct from PARIM to RIBOK
154700N 0415230E. Operations on jet routes UT702 and M999 also remain permitted.
Further amendments to SFAR No.
115, 91.1611, 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 this rule might be able to operate safely in the specified areas of the Sanaa FIR OYSC.
The FAA also republishes the details concerning the approval and exemption processes in sections V and VI 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. 115, 91.1611.

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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 specified areas of the Sanaa FIR OYSC. 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.
115, 91.1611, including a U.S. air carrier or commercial operator, to transport civilian or military passengers or cargo or conduct other operations in the specified areas of the Sanaa FIR
OYSC, that department, agency, or instrumentality may request the FAA to approve persons described in paragraph a of SFAR No. 115, 91.1611, to conduct such operations.

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The requesting U.S. Government department, agency, or instrumentality must submit the request for approval to the FAAs 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 organizations 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 proposed operations to commence.
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 2678166, to obtain the appropriate email address. A
single letter may request approval from the FAA for multiple persons described in SFAR No. 115, 91.1611, or multiple flight operations. To the extent known, the letter must identify the persons the 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 FAAs 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.

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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 operations, including the nature of the mission being supported;
The service the persons covered by the SFAR will provide;
To the extent known, the specific locations in the specified areas of the Sanaa FIR OYSC where the proposed operations will occur, including, but not limited to, the flight path and altitude of the aircraft while it is operating in the specified areas of the Sanaa FIR OYSC and the airports, airfields, or landing zones at which the aircraft will take off and land; and 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 premission 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 contracts, grants, or cooperative agreements or its prime contractor has a subcontracts for specific flight operations in the specified areas of the Sanaa FIR OYSC. 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 specified areas of the Sanaa FIR OYSC. 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 2678166.
If an approval request includes classified information, requestors may contact Aviation Safety Inspector Stephen Moates 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. 115, 91.1611, does not relieve persons subject to this SFAR of the responsibility to comply with all
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Federal Register - December 7, 2021

TitoloFederal Register

PaeseStati Uniti

Data07/12/2021

Conteggio pagine427

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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