Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

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 operations, including, but not limited to, regulations issued by the Transportation Security Administration.
B. Approval Conditions If the FAA approves the request, the FAAs Aviation Safety organization will send an approval letter to the requesting U.S. Government department, agency, or instrumentality informing it that the FAAs 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 specified areas of the Sanaa FIR
OYSC; and b The operators 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 specified areas of the Sanaa FIR OYSC.
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.C.
If the FAA approves the proposed operations, the FAA will issue an OpSpec or LOA, as applicable, to the operators identified in the original request and any operators the requestor subsequently adds to the approval, authorizing them to conduct the approved operations. In addition, as stated in paragraph 3 of this section V.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
VerDate Sep<11>2014

16:02 Dec 06, 2021

Jkt 256001

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.
VI. 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. 115, 91.1611. 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 operations, including the nature of the operation;
The service the persons covered by the SFAR will provide;
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;
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 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 agencys safety evaluation of petitions for exemption from flight prohibition SFARs.
The FAA includes, as a condition of each such exemption it issues, a release
PO 00000

Frm 00013

Fmt 4700

Sfmt 4700

69171

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. 115, 91.1611. 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. 115, 91.1611.
If a petition for exemption includes security-sensitive or proprietary information, requestors may contact Aviation Safety Inspector Stephen Moates 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. 96354, 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. 9639, 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.
1044, 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 FAAs 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 3f of Executive Order 12866, as it raises novel policy issues contemplated under that
E:FRFM07DER1.SGM

07DER1