[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Rules and Regulations]
[Pages 58546-58551]
[FR Doc No: 2017-26847]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2007-27602; Amdt. No. 91-339A]
RIN 2120-AL28

Extension of the Prohibition Against Certain Flights in the
Territory and Airspace of Somalia

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

ACTION: Final rule.

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SUMMARY: This action extends the expiration date for the Special
Federal Aviation Regulation (SFAR) that prohibits certain flights in
the territory and airspace of Somalia at altitudes below flight level
(FL) 260 by all: United States (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 where the operator of such aircraft
is a foreign air carrier. The FAA is taking this action because it has
determined that there continues to be an unacceptable risk to U.S.
civil aviation operating in the territory and airspace of Somalia at
altitudes below FL260 resulting from terrorist and militant activity.
The FAA also republishes, with minor revisions, the approval process
and exemption information for this SFAR.

DATES: This final rule is effective on December 13, 2017.

FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation
Division, 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 prohibition of flight operations in the
territory and airspace of Somalia at altitudes below FL260 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 where
the operator of such aircraft is a foreign air carrier. The FAA finds
this action necessary due to continued hazards to persons and aircraft
engaged in such flight operations resulting from terrorist and militant
activity, as described in the Background section of this rule.

II. Legal Authority and Good Cause

A. Legal 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 civil airmen throughout the world. The FAA's
authority to issue rules on aviation safety is found in title 49, U.S.
Code. Subtitle I, sections 106(f) and (g), describe 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 the FAA's authority under
the statutes cited previously, because it continues to prohibit the
persons described in paragraph (a) of SFAR No. 107, title 14 Code of
Federal Regulations (CFR) 91.1613, from conducting flight operations in
the territory and airspace of Somalia at altitudes below FL260 due to
the continued hazards to the safety of such persons' flight operations,
as described in the Background section of this final rule.

B. Good Cause for Immediate Adoption

    Title 5 U.S.C. 553(b)(3)(B) 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 553(d) also authorizes
agencies to forgo the delay in the effective date of the final rule for
good cause found and published with the rule. 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. To
the extent that the rule is based upon classified information, such
information is not permitted to be shared with the general public.
Also, threats to U.S. civil aviation and intelligence regarding these
threats are fluid. As a result, the agency's original proposal could
become unsuitable for minimizing the hazards to U.S. civil aviation in
the affected airspace during or after the notice and comment process.
The FAA further finds an immediate need to address the continued hazard
to U.S. civil aviation that exists in the territory and airspace of
Somalia at altitudes below FL260 from terrorist and militant activity.
This hazard is further described in the Background section of this
rule.
    For the reasons described previously, the FAA finds good cause to
forgo notice and comment and any delay in the effective date for this
rule. The FAA also finds that this action is fully consistent with the
obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that the FAA
exercises its duties consistently

with the obligations of the United States under international
agreements.

III. Background

    On January 7, 2016, the FAA expanded its existing prohibition of
U.S. civil aviation operations in the territory and airspace of
Somalia, after determining that the risk from terrorist and militant
activity made it unsafe for U.S. civil flights to operate in the
territory and airspace of Somalia at altitudes below FL260. 81 FR 721.
In taking that action, the FAA determined that international civil air
routes that transit Somali airspace and aircraft operating to and from
Somali airports remained at risk from terrorist and militant groups
potentially employing anti-aircraft weapons, including man-portable air
defense systems (MANPADS), small-arms fire and indirect fire from
mortars and rockets targeting airports. Some of the weapons that the
FAA was concerned about have the capability to target aircraft upon
approach and departure and aircraft at higher altitudes. The terrorist
group al-Shabaab remained active in Somalia and had demonstrated the
capability and intent to target U.S. and Western interests, including
aviation. Al-Shabaab had conducted multiple attacks against civil
aviation, including attacks on two IL-76 aircraft near Aden Adde
International Airport (then known as Mogadishu International Airport)
(HCMM) in March 2007, likely using MANPADS. These attacks had formed
part of the basis for the original SFAR. Al-Shabaab had also conducted
ground assaults against Aden Adde International Airport (then known as
Mogadishu International Airport) (HCMM), the most recent of which had
occurred in December 2014. As stated in the January 2016 final rule, in
the FAA's view, attacks against aircraft in-flight or Somali airports
could occur with little or no warning.
    Since January 2016, al-Shabaab has continued to directly target
civil aviation using concealed improvised explosive devices (IEDs) in
an effort to bypass security screening at Aden Adde International
Airport (HCMM) to detonate the device onboard an aircraft. This was
demonstrated when al-Shabaab claimed responsibility for the onboard
detonation of a concealed IED on a Daallo Airlines Flight 159, which
originated from Aden Adde International Airport (HCMM) in February
2016. Al-Shabaab has also conducted frequent terror attacks in close
proximity to the airport and has conducted indirect fire attacks
targeting facilities within the perimeter of the airport. Al-Shabaab
has also conducted ground assaults against Aden Adde International
Airport (formerly known as Mogadishu International Airport) (HCMM), the
most recent of which included a vehicle-borne improvised explosive
device in January 2017. Other extremists, to include elements of the
Islamic State of Iraq and ash Sham (ISIS), also operate in Somalia and
are capable of threatening civil aviation. With the unsettled security
environment in Somalia, along with the continuing threat to civil
aviation from al-Shabaab and/or ISIS-associated activity, the FAA
continues to believe that attacks against aircraft in-flight or Somali
airports can occur with little or no warning.
    Therefore, as a result of the significant continuing risk to the
safety of U.S. civil aviation in the territory and airspace of Somalia
at altitudes below FL260, the FAA extends the expiration date of SFAR
No. 107, Sec.  91.1613, from January 7, 2018, to January 7, 2020, and
maintains the prohibition on flight operations in the territory and
airspace of Somalia at altitudes below FL260 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 where the operator
of such aircraft is a foreign air carrier.
    The FAA will continue to actively monitor the situation and
evaluate the extent to which U.S. civil operators may be able to safely
operate in the territory and airspace of Somalia at altitudes below
FL260 in the future. Amendments to SFAR No. 107, Sec.  91.1613, may be
appropriate if the risk to aviation safety and security changes. The
FAA may amend or rescind SFAR No. 107, Sec.  91.1613, as necessary,
prior to its expiration date.
    The FAA also republishes, with minor revisions, the approval
process and exemption information for this SFAR, so that persons
described in paragraph (a) of the rule will be able to refer to this
final rule, rather than having to search through previous final rules
to find the relevant approval process and exemption information. This
approval process and exemption information is consistent with other
similar SFARs and recent agency practice.

IV. Approval Process Based on a Request From a Department, Agency, or
Instrumentality of the United States Government

    If a department, agency, or instrumentality of the U.S. Government
determines that it has a critical need to engage any person covered
under SFAR No. 107, Sec.  91.1613, including a U.S. air carrier or a
U.S. commercial operator, to conduct a charter to transport civilian or
military passengers or cargo, or other operations, in the territory and
airspace of Somalia at altitudes below FL260, that department, agency,
or instrumentality may request that the FAA approve persons covered
under SFAR No. 107, Sec.  91.1613, to conduct such operations. An
approval request must be made directly by the requesting department,
agency or instrumentality of the U.S. Government 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. Requests for approval submitted to the FAA by anyone
other than the requesting department, agency, or instrumentality will
not be accepted and will not be processed. In addition, the senior
official signing the letter requesting FAA approval on behalf of the
requesting department, agency, or instrumentality must be sufficiently
highly placed within the organization to demonstrate that the senior
leadership of the requesting department, agency, or instrumentality
supports the request for approval and is committed to taking all
necessary steps to minimize operational 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, requests for approval
must be submitted to the FAA no less than 30 calendar days before the
date on which the requesting department, agency, or instrumentality
wishes the proposed operations, if approved by the FAA, to commence.
    The letter must be sent by the requesting department, agency, or
instrumentality 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 approval request is granted. 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 covered
under SFAR No. 107, Sec.  91.1613, and/or for multiple flight
operations. To the extent known, the letter must identify the person(s)
covered under the SFAR on whose behalf the U.S. Government department,
agency, or instrumentality is seeking FAA approval, and it must
describe--
     The proposed operation(s), including the nature of the
mission being supported;
     The service to be provided by the person(s) covered by the
SFAR;
     To the extent known, the specific locations in the
territory and airspace of Somalia at altitudes below FL260 where the
proposed operation(s) will be conducted, including, but not limited to,
the flight path and altitude of the aircraft while it is operating in
the territory and airspace of Somalia at altitudes below FL260 and the
airports, airfields and/or landing zones at which the aircraft will
take-off and land; and
     The method by which the 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 (e.g., 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 with whom its prime contractor has a
subcontract(s)) for specific flight operations in the territory and
airspace of Somalia at altitudes below FL260. Additional operators may
be identified to the FAA at any time after the FAA approval is issued.
However, all additional operators must be identified to, and obtain an
Operations Specification (OpSpec) or Letter of Authorization (LOA), as
appropriate, from the FAA for operations in the territory and airspace
of Somalia at altitudes below FL260, before such operators commence
such operations. The approval conditions discussed below will apply to
any such additional operators. Updated lists should be sent to the
email address to be obtained from the Air Transportation Division by
calling<PHONE_NUMBER>.
    If an approval request includes classified information, requestors
may contact Aviation Safety Inspector Michael Filippell for
instructions on submitting it to the FAA. His contact information is
listed in the For Further Information Contact section of this final
rule.
    FAA approval of an operation under SFAR No. 107, Sec.  91.1613,
does not relieve persons subject to this SFAR of their responsibility
to comply with all other applicable FAA rules and regulations.
Operators of civil aircraft must also comply with the conditions of
their certificate, OpSpecs, and LOAs, as applicable. Operators must
further comply with all rules and regulations of other U.S. Government
departments and agencies that may apply to the proposed operations,
including, but not limited to, the Transportation Security Regulations
issued by the Transportation Security Administration, Department of
Homeland Security.
Approval Conditions
    If the FAA approves the request, the FAA's Aviation Safety
Organization (AVS) will send an approval letter to the requesting
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 territory and airspace of Somalia at
altitudes below FL260; 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 out of or related to the approved operations in the
territory and airspace of Somalia at altitudes below FL260.
    (3) Other conditions that the FAA may specify, including those that
may be imposed 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 issued by the FAA under chapter 443 of title 49, United States
Code.
    If the proposed operation(s) is approved, the FAA will issue an
OpSpec or an LOA, as applicable, to the operator(s) identified in the
original request authorizing them to conduct the approved operation(s),
and will notify the department, agency, or instrumentality that
requested the FAA's approval 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 this SFAR No. 107, Sec.  91.1613, on
whose behalf the department, agency, or instrumentality requests FAA
approval.

V. Requests for Exemption

    Any operations not conducted under an approval issued by the FAA
through the approval process set forth previously must be conducted
under an exemption from SFAR No. 107, Sec.  91.1613. A request by any
person covered under SFAR No. 107, Sec.  91.1613, 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 in the territory and airspace of
Somalia at altitudes below FL260 where the proposed operation(s) will
be conducted, including, but not limited to, the flight path and
altitude of the aircraft while it is operating in the territory and
airspace of Somalia at altitudes below FL260 and the airports,
airfields and/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
(e.g., the pre-mission planning and briefing, in-flight, and post-
flight phases); and
     The plans and procedures that the operator will use to
minimize the risks, identified in the Background section of this rule,
to the proposed operations, so that granting the exemption 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 other flight prohibition SFARs.
    Additionally, the release and agreement to indemnify, as referred
to above, will be required as a condition of

any exemption that may be issued under SFAR No. 107, Sec.  91.1613.
    The FAA recognizes that operations that may be affected by SFAR No.
107, Sec.  91.1613, including this amendment, 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.

VI. 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), 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 that this
final rule has benefits that justify its costs and 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 will not have a
significant economic impact on a substantial number of small entities,
will not create unnecessary obstacles to the foreign commerce of the
United States, and 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

    Department of Transportation 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 a statement to
that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
    Due to the significant hazards to U.S. civil aviation described in
the Background section of this rule, this rule extends the prohibition
against U.S. civil flights in the territory and airspace of Somalia at
altitudes below FL260. The FAA believes there are very few, if any,
U.S. operators who wish to overfly Somalia at altitudes below FL260 or
operate to, from, or within Somalia. Since January 7, 2016, the FAA has
received very few requests for approval or exemption to conduct flight
operations in the territory and airspace of Somalia at altitudes below
FL260, and at least one was abandoned by the requestor before FAA
processing was completed.
    Consequently, the FAA estimates the costs of this rule to be
minimal. These minimal costs are exceeded by the benefits of avoided
deaths, injuries, and property damage that could result from a U.S.
operator's aircraft being shot down (or otherwise damaged) due to the
hazards described in the Background section of this final rule.

B. Regulatory Flexibility Determination

    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 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 noted previously, the FAA estimates that the costs of this rule
will be minimal and that very few small entities will be adversely
affected. Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not have a significant economic
impact on a substantial number of small entities.

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 effect of this final rule and determined
that its purpose is to protect the safety of U.S. civil aviation from a
hazard to their operations in the territory and airspace of Somalia at
altitudes below FL 260, a location outside the U.S. Therefore, the rule
is in compliance with the Trade Agreements Act.

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 $155.0 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.

E. 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 final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA's 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.

G. Environmental Analysis

    The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions (44 FR 1957,
January 4, 1979), 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 that
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), FAA has prepared a
memorandum for the record stating the reasons for this determination,
which has been placed in the docket for this rulemaking.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this 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 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.

D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This rule is not subject to the requirements of EO 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to a national
security function of the United States.

VIII. 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 Publishing Office's web page at
http://www.fdsys.gov.
    Copies may also be obtained by sending a request (identified by
amendment or docket number of this rulemaking) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW, Washington, DC 20591, or by calling<PHONE_NUMBER>. Please identify
the docket or amendment number of this rulemaking in your request.
    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 Federal
eRulemaking Portal referenced above.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996
(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, Somalia.

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, 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. Revise paragraph (e) in Sec.  91.1613 to read as follows:

Sec.  91.1613   Special Federal Aviation Regulation No. 107--
Prohibition Against Certain Flights in the Territory and Airspace of
Somalia.

* * * * *
    (e) Expiration. This SFAR will remain in effect until January 7,
2020. 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 December 6, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017-26847 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47069-47070]
[FR Doc No: 2018-20206]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0725]

Special Local Regulations, Marine Events Within the Fifth Coast
Guard District; Correction

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation; correction.

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SUMMARY: The Coast Guard published a document in the Federal Register
of August 13, 2018, concerning a notice of enforcement of regulations
of special local regulations for the Baltimore Air Show from October 4,
2018, through October 7, 2018. The document contained incorrect times
for the enforcement periods.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Houck,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Corrections

    In the Federal Register of August 13, 2018, in FR Doc. 2018-17282:
    1. On page 39879, in the first column, correct the DATES caption to
read:

DATES: The regulations in 33 CFR 100.501 will be enforced for the
Baltimore Air Show regulated area listed in item b.23 in the table to
Sec.  100.501 from 2:45 p.m. through 4:30 p.m. on October 4, 2018, from
10:30 a.m. through 5 p.m. on October 5, 2018,

from 11:30 a.m. through 5 p.m. on October 6, 2018, and from 11:30 a.m.
through 5 p.m. on October 7, 2018.
    2. On page 39879, in the second column, correct lines 12 through 16
to read:
    Regulated area from 2:45 p.m. through 4:30 p.m. on October 4, 2018,
from 10:30 a.m. through 5 p.m. on October 5, 2018, from 11:30 a.m.
through 5 p.m. on October 6, 2018, and from 11:30 a.m. through 5.

    Dated: September 12, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-20206 Filed 9-17-18; 8:45 am]
BILLING CODE 9110-04-P