On April 25, 2014, the U.S. Federal Aviation Administration (FAA) announced the prohibition against certain flights in the Simferopol (UKFV) Flight Information Region (FIR) under the Special Federal Aviation Regulation (SFAR) No. 113, § 91.1607. The affected airspace includes sovereign Ukrainian airspace over the Crimean Peninsula and the associated Ukrainian territorial sea, and the international airspace managed by Ukraine over the Black Sea and the Sea of Azov under a regional air navigation agreement.
SFAR No. 113 is a new addition to Title 14 of the Code of Federal Regulations (14 CFR) Part 91 - General Operating and Flight Rules. It applies to: all U.S. air carriers; U.S. commercial operators; all persons exercising the privileges of an airman certificate issued by the FAA, except for persons operating U.S.-registered aircraft for a foreign air carrier; and all operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier.
The FAA immediately adopted this final rule pursuant to U.S.C. §533(b)(3)(B) and deemed this action necessary in order to prevent potential hazard to persons and aircraft engaged in flight operations in the portion of the Simferopol (UKFV) FIR. The FAA has safety and national security concerns regarding such flight operations because of worsening political and military tension between Ukraine and the Russian Federation. On March 28, 2014, the Russian Federation issued a Notice-to –Airmen (NOTAM), purposing to establish a new FIR in the same airspace as the existing Simferopol (UKFV) FIR effective April 3, 2014. Ukraine responded by establishing a prohibited area over the Crimean Peninsula for flight operations through a NOTAM and closed certain air traffic services (ATS) route segments.
Along with the International Civil Aviation Organization (ICAO) concerns of risk of the safety of international civil flights, the FAA believes that with Ukrainian and Russian ATS providers both operating in the Simferopol (UKFV) FIR portions covered by the SFAR, the potential for civil aircraft to receive confusing and conflicting air traffic control instructions are high, therefore deemed this disputed airspace as unsafe for civil flight operations. The FAA also expressed concern that following instructions from air traffic control of one county could result in civil aircraft being misidentified as a threat by the other country.
This SFAR will remain in effect for one year (through April 27, 2015).
The FAA notice can be found here.
For more information on FAA’s Special Federal Aviation Regulations, contactGlenn Wicks or Ronce Almond at (202) 457-7790.