[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57384-57390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20318]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2018-0927; Amdt. No. 91-353B]
RIN 2120-AL76


Extension of the Prohibition Against Certain Flights in the 
Baghdad Flight Information Region (FIR) (ORBB)

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

ACTION: Final rule.

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SUMMARY: This action extends, for an additional two years, the 
prohibition against certain flight operations in the Baghdad FIR (ORBB) 
at altitudes below Flight Level 320 (FL320) 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 
necessary to address continuing hazards to persons and aircraft engaged 
in such flight operations due to the complex security environment that 
currently exists in the Baghdad FIR (ORBB) and the associated safety-
of-flight hazards, as described in the preamble to this final rule. The 
FAA also republishes, with minor administrative revisions, the approval 
process and exemption information for this Special Federal Aviation 
Regulation

[[Page 57385]]

(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 SFAR No. 77, title 14 
Code of Federal Regulations (CFR), 91.1605, from October 26, 2022, 
until October 26, 2024. SFAR No. 77 prohibits certain flight operations 
in the Baghdad FIR (ORBB) at altitudes below Flight Level (FL) 320 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 flight prohibition SFAR.

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, 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. 77, Sec.  91.1605, from conducting flight operations in the Baghdad 
FIR (ORBB) at altitudes below FL320 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)(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 and 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 Baghdad FIR 
(ORBB) at altitudes below FL320 is necessary due to continuing safety-
of-flight hazards associated with multiple state and non-state actors 
conducting attacks in the Baghdad FIR (ORBB) in pursuit of various 
objectives. These attacks include military activity by state actors, as 
well as ongoing militia and terrorist attacks against the Government of 
Iraq and against U.S. and coalition interests co-located with civilian 
airports. 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 October 16, 2020, due to the complex security environment that 
existed in Iraq, the FAA published a final rule amending SFAR No. 77, 
Sec.  91.1605, to prohibit U.S. civil aviation operations in the 
Baghdad FIR (ORBB) at altitudes below FL320.\1\ Additionally, given 
that the security environment in Iraq remained fluid and tense, the FAA 
was concerned about the safety of U.S. civil aviation operations in the 
Baghdad FIR (ORBB) at altitudes at and above FL320. As a result, NOTAM 
KICZ A0036/20, which prohibited U.S. civil aviation operations in the 
Baghdad FIR (ORBB) at all altitudes remained in effect following 
publication of the October 16, 2020 final rule. This approach 
maintained flexibility for the FAA to revisit the all-altitude flight 
prohibition as necessary to determine whether U.S. civil aviation 
operations could occur safely in the Baghdad FIR (ORBB) at altitudes at 
or above FL320.
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    \1\ See Prohibition Against Certain Flights in the Baghdad 
Flight Information Region (FIR) (ORBB) final rule, 85 FR 65686, Oct. 
16, 2020, for an in-depth discussion of the security environment in 
the Baghdad FIR (ORBB) at that time and the FAA's analysis of the 
associated risks to U.S. civil aviation operations.
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    The FAA continued to monitor the security environment in the 
Baghdad FIR (ORBB) and associated risks to civil aviation safety. By 
October 2021, the FAA assessed the safety risks to U.S. civil aviation 
in the Baghdad FIR (ORBB) at altitudes at or above FL320 had diminished 
sufficiently that U.S. civil aviation could safely resume operations at 
those altitudes. Since the FAA issued NOTAM KICZ A0036/20 in March 
2020, there had been no known

[[Page 57386]]

threats or attempted attacks against aircraft operating at altitudes at 
or above FL320. Although ground-based attacks against U.S. and 
coalition forces in Iraq continued, and incidents involving weaponized 
unmanned aircraft systems (UAS) had risen significantly, those attacks 
posed no direct threat to civil aircraft overflying the Baghdad FIR 
(ORBB) at altitudes at or above FL320. Therefore, on October 22, 2021, 
the FAA rescinded NOTAM KICZ A0036/20. SFAR No. 77, 14 CFR 91.1605, 
remained in effect and continued to prohibit U.S. civil aviation 
operations in the Baghdad FIR (ORBB) at altitudes below FL320 due to 
the continued unacceptable risk to the safety of U.S. civil aviation 
operations at those altitudes.

IV. Discussion of the Final Rule

    The FAA continues to assess the situation in the Baghdad FIR (ORBB) 
at altitudes below FL320 as presenting an unacceptable risk to the 
safety of U.S. civil aviation. Iranian-aligned militia groups (IAMGs) 
publicly threatened to attack coalition forces remaining in Iraq after 
December 31, 2020, and continue to demonstrate their capability and 
intent to attack U.S. and international interests in Iraq, as well as 
selected Iraqi government targets. On November 7, 2021, militants 
conducted a weaponized UAS attack against Iraqi Prime Minister Mustafa 
al-Kadhimi's residence in Baghdad. In January 2022, IAMGs conducted a 
series of attempted attacks that were likely intended to commemorate 
the second anniversary of the deaths of Iranian Revolutionary Guard 
Corps (IRGC) Quds Forces Commander Qassem Soleimani and Iraqi Popular 
Mobilization Units Deputy Head Abu Mahdi al-Muhandis in a U.S. 
airstrike in January 2020. On January 3, 2022, IAMGs attempted to 
attack U.S. interests co-located with Baghdad International Airport 
(ORBI) with two weaponized UAS. Defensive counter-rocket, artillery, 
and mortar (C-RAM) systems thwarted the attack, with no reported 
casualties or damage. On January 4, 2022, militants unsuccessfully 
attempted an attack with two weaponized UAS against Ayn Al Asad Air 
Base (ORAA). On January 5, 2022, indirect rocket fire impacted the 
runway at Baghdad International Airport (ORBI) but did not cause any 
casualties.
    IAMGs have access to UAS and anti-aircraft capable weapons systems, 
including the Iranian-produced 358 loitering hybrid surface-to-air 
missile (SAM)/UAS system, which present inadvertent risks to the safety 
of U.S. civil aviation operations in the Baghdad FIR (ORBB) at 
altitudes below FL320 and at potentially targeted airports. IAMGs 
likely lack the ability to conduct effective target identification and 
airspace de-confliction, increasing the risk of an accidental shoot 
down of a civil aircraft due to misidentification or misperception.
    In addition, the FAA remains concerned about cross-border military 
activity. Both Iran and Turkey have previously conducted various no-
notice, cross-border operations striking targets in northern Iraq using 
a variety of weapons, including short-range ballistic missiles, 
rockets, and weaponized UAS. In a recent example, 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. The missile 
attack damaged surrounding buildings, but there were no reported 
casualties, according to the Kurdish Interior Ministry. The assessed 
points of impact were approximately 14km east/northeast of Erbil 
International Airport (ORER), based on available open-source reporting.
    While this attack did not pose a direct threat to the airport, the 
missile trajectories possibly presented an inadvertent risk to aircraft 
in flight that might have been operating at low altitude in the 
vicinity of Erbil International Airport (ORER) during the time of the 
attack. In general, unannounced third-party cross-border operations in 
the Baghdad FIR (ORBB) present a low altitude safety-of-flight risk for 
aircraft flying in the vicinity of the targeted location(s) and for 
aircraft on the ground at airports co-located with, or in close 
proximity to, the intended targets. These activities also pose an 
airspace de-confliction challenge. Additionally, there continues to be 
an inadvertent risk to civil aviation operations in the Baghdad FIR 
(ORBB) from global positioning system (GPS) jammers.
    Therefore, as a result of the significant, continuing risks to the 
safety of U.S. civil aviation operations in the Baghdad FIR (ORBB) at 
altitudes below FL320, the FAA extends the expiration date of SFAR No. 
77, Sec.  91.1605, from October 26, 2022, until October 26, 2024.
    Further amendments to SFAR No. 77, Sec.  91.1605, 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 Baghdad FIR (ORBB) at 
altitudes below FL320.
    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. 77, Sec.  91.1605.

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 Baghdad FIR (ORBB) at altitudes below FL320. 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. 77, Sec.  91.1605, including a U.S. air 
carrier or commercial operator, to transport civilian or military 
passengers or cargo or conduct other operations in the Baghdad FIR 
(ORBB) at altitudes below FL320, that department, agency, or 
instrumentality may request the FAA to approve persons described in 
paragraph (a) of SFAR No. 77, Sec.  91.1605, 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.\2\ 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

[[Page 57387]]

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).
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    \2\ 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.
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    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. 77, Sec.  91.1605, 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 Baghdad 
FIR (ORBB) at altitudes below FL320 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 Baghdad FIR (ORBB) at 
altitudes below FL320 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 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 Baghdad FIR (ORBB) at altitudes 
below FL320. 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 Baghdad FIR (ORBB) at altitudes 
below FL320. 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. 77, Sec.  91.1605, 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 Baghdad FIR (ORBB) at altitudes below FL320; 
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 Baghdad FIR (ORBB) at altitudes below FL320.
    (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 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 
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. 77, Sec.  91.1605. A 
petition for exemption must comply with 14 CFR part 11. The FAA will 
consider whether exceptional circumstances exist beyond those

[[Page 57388]]

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 Baghdad FIR (ORBB) at 
altitudes below FL320 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 Baghdad FIR (ORBB) at altitudes 
below FL320 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. 77, Sec.  91.1605. 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. 77, Sec.  91.1605.
    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.

VII. 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 Baghdad FIR (ORBB) at 
altitudes below FL320, due to the significant, continuing hazards to 
U.S. civil aviation detailed in the preamble of this final rule. This 
action also extends the expiration date of this rule for an additional 
two years.
    The FAA acknowledges this flight prohibition might result in 
additional costs to some U.S. operators, such as increased fuel costs 
and other operational-related costs. However, the FAA expects the 
benefits of this action exceed the costs because it will result in the 
avoidance of risks of fatalities, injuries, and property damage that 
could occur if a U.S. operator's aircraft were shot down (or otherwise 
damaged) while operating in the Baghdad FIR (ORBB) at altitudes below 
FL320.

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 Baghdad FIR (ORBB) at 
altitudes below FL320, a location outside the U.S. Therefore, the rule 
complies with the Trade Agreements Act of 1979.

[[Page 57389]]

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 $155 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 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.

VIII. 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.

IX. 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, Iraq.

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-

[[Page 57390]]

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.  91.1605 by revising paragraph (e) to read as follows:


Sec.  91.1605  Special Federal Aviation Regulation No. 77--Prohibition 
Against Certain Flights in the Baghdad Flight Information Region (FIR) 
(ORBB).

* * * * *
    (e) Expiration. This SFAR will remain in effect until October 26, 
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 22, 2022.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-20318 Filed 9-19-22; 8:45 am]
BILLING CODE 4910-13-P


