[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11713]


[[Page Unknown]]

[Federal Register: May 13, 1994]


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[Docket No. 27745; Special Federal Aviation Regulation (SFAR) No. 68]
RIN 2120-AF39

 

Prohibition Against Certain Flights Within the Territory and 
Airspace of Yemen

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

ACTION: Final rule.

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SUMMARY: This action prohibits flight operations within the territory 
and airspace of Yemen by any United States air carrier and commercial 
operator, by any person exercising the privileges of an airman 
certificate issued by the FAA, or by an operator using an aircraft 
registered in the United States unless the operator of such aircraft is 
a foreign air carrier. This action is taken to prevent an undue hazard 
to persons and aircraft engaged in such flight operations as a result 
of the ongoing civil war in Yemen.

DATES: Effective Date: May 10, 1994. Expiration date: May 10, 1995.

FOR FURTHER INFORMATION CONTACT: Patricia Lane, Airspace and Air 
Traffic Law Branch, AGC-230, or Mark W. Bury, International Affairs and 
Legal Policy Staff, AGC-7, Office of the Chief Counsel, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, D.C. 
20591. Telephone: (202) 267-3491.

SUPPLEMENTARY INFORMATION:

Availability of Document

    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Public 
Affairs, Attention: Public Inquiry Center, APA-230, 800 Independence 
Avenue, SW., Washington, D.C. 20591, or by calling (202) 267-3484. 
Communications must identify the number of this SFAR. Persons 
interested in being placed on a mailing list for future rules should 
also request a copy of Advisory Circular No. 11-2A, which describes the 
application procedure.

Background

    The Federal Aviation Administration (FAA) is responsible for the 
safety of flight in the United States and for the safety of U.S.-
registered aircraft and U.S. operators throughout the world. Section 
103(1) of the Federal Aviation Act of 1958 (Act) declares, as a matter 
of policy, that the regulation of air commerce to promote safety is in 
the public interest. Section 601(a) of the Act provides the FAA with 
broad authority to carry out this policy by prescribing regulations 
governing the practices, methods, and procedures necessary to ensure 
safety in air commerce. In the exercise of these statutory 
responsibilities, the FAA has determined that the current civil war in 
Yemen justifies the imposition of certain measures to ensure the safety 
of U.S.-registered aircraft and operators that are conducting flight 
operations in the vicinity of Yemen's territory and airspace.
    Political violence and power struggles have plagued Yemen since 
North and South Yemen were unified in 1990. Civil hostilities have 
expanded over the past four months, culminating in the recent outbreak 
of widespread fighting throughout the country. President Ali Abdallah 
Salih of Yemen has declared a state of emergency, and a radio station 
in the capital of Sanaa announced the beginning of an all-out war. Both 
sides in the conflict possess military aircraft and anti-aircraft 
weapons.
    The current situation in Yemen is volatile and fluid, making it 
potentially dangerous for civil aircraft to fly into or over Yemen. The 
ability of either side in the conflict to distinguish between hostile, 
friendly, and neutral aircraft is questionable. Military aircraft have 
been shot down, and airports throughout Yemen have reportedly been 
bombed. Complicating the civil aviation situation is the lack of air 
traffic control services and facilities in Yemen.
    The government of the United Kingdom (U.K.) has issued a flight 
advisory referencing the civil war in Yemen. On May 5, 1994, the 
British Civil Aviation Authority, in cooperation with the U.K. 
Department of Transport's International Aviation Directorate, issued a 
statement advising airlines to avoid Yemen's airspace because of the 
serious outbreak of fighting in the country.

Prohibition Against Certain Flights Within the Territory and 
Airspace of Yemen

    On the basis of the above information, and in furtherance of my 
responsibilities to promote the safety of flight of civil aircraft in 
air commerce, I have determined that immediate action by the FAA is 
required to prevent the injury to or loss of certain U.S.-registered 
aircraft and U.S. operators conducting flights in the vicinity of 
Yemen. I find that the current civil war in Yemen presents an immediate 
hazard to the operation of civil aircraft in the territory and airspace 
of Yemen. Accordingly, I am ordering a prohibition of most flight 
operations (excluding operations conducted with the specific approval 
of the United States Government or emergency operations) within the 
territory and airspace of Yemen by any United States air carrier and 
commercial operator, by any person exercising the privileges of an 
airman certificate issued by the FAA, or by an operator using an 
aircraft registered in the United States unless the operator of such 
aircraft is a foreign air carrier. This action is necessary to prevent 
an undue hazard to aircraft and to protect persons on board those 
aircraft. Because the circumstances described in this notice warrant 
immediate action by the FAA to maintain the safety of flight, I also 
find that notice and public comment under 5 U.S.C. 553(b) are 
impracticable and contrary to the public interest. Further, I find that 
good cause exists for making this rule effective immediately upon 
issuance. I also find that this action is fully consistent with my 
obligations under section 1102(a) of the Federal Aviation Act to ensure 
that I exercise my duties consistently with the obligations of the 
United States under international agreements. The Department of State 
has been advised of, and has no objection to, the action taken herein.
    The rule contains an expiration date of May 10, 1995, but may be 
terminated sooner or extended through the publication of a 
corresponding notice if circumstances so warrant.

Regulatory Evaluation Summary

Benefits

    This regulation will generate potential benefits in the form of 
ensuring that the current acceptable level of safety continues for U.S. 
commercial air carriers and other operators. The potential benefits of 
this action will accrue only to those air carriers and other operators 
currently engaging in overflights of Yemen's territory. Since this 
action is proactive rather than reactive, there are no statistics from 
which a quantitative estimate of benefits can be derived.

Costs

    The SFAR will impose a potential incremental cost of compliance in 
the form of the circumnavigation (including the additional time for 
preflight planning) of Yemen's territory and airspace. Based on 
information available to informed FAA personnel, there are no U.S. air 
carriers or commercial operators currently conducting revenue flights 
into Yemen. Therefore, these operators will not be affected by this 
action. However, there are overflights of Yemen's territory by U.S. 
commercial air carriers. Thus, these operators will be the only 
entities affected by this action. These operators will incur costs for 
additional fuel and time as the result of diverting from their normal 
flight routes that cross over Yemen. Since the FAA does not know at 
this time to what extent the potential cost of compliance will be, the 
FAA solicits comments from potentially impacted operators. Please 
provide detailed cost information on the extent the action will impose 
costs in the form of additional preflight planning and circumnavigation 
of Yemen's territory.

Paperwork Reduction Act

    This rule contains no information collection requests requiring 
approval of the Office of Management and Budget pursuant to the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

International Trade Impact Assessment

    This final rule could have an impact on the international flights 
of U.S. air carriers and commercial operators because it will restrict 
their ability to overfly the territory of Yemen and therefore may 
impose additional costs related to the circumnavigation of Yemen's 
territorial airspace. This final rule will not restrict the ability of 
foreign air carriers to overfly the territory of Yemen. Given the 
narrow scope of this rule, it will not eliminate existing or create 
additional barriers to the sale of foreign aviation products or 
services in the United States or to the sale of U.S. aviation products 
and services in foreign countries.

Federalism Determination

    The amendment set forth herein will not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612 (52 FR 41685; October 30, 1987), 
it is determined that this regulation does not have federalism 
implications warranting the preparation of a Federalism Assessment.

Conclusion

    For the reasons set forth above, FAA has determined that this 
action is not a ``significant regulatory action'' under Executive Order 
12866. This action is considered a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). 
Because revenue flights to Yemen are not currently being conducted by 
U.S. air carriers or commercial operators, the FAA certifies that this 
rule will not have a significant economic impact, positive or negative, 
on a substantial number of small entities under the criteria of the 
Regulation Flexibility Act.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Freight, Yemen.

The Amendment

    For the reasons set forth above, the Federal Aviation 
Administration is amending 14 CFR part 91 as follows:

PART 91-GENERAL OPERATING AND FLIGHT RULES

    1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 
through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, 
and 2121 through 2125; Articles 12, 29, 31, and 32(a) of the 
Convention on International Civil Aviation (61 Stat. 1180); 42 
U.S.C. 4321 et seq., E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., 
p. 902; 49 U.S.C. 106(g).

    2. Special Federal Aviation Regulation (SFAR) No. 68 is added to 
read as follows:
Special Federal Aviation Regulation No. 68--Prohibition Against Certain 
Flights Within the Territory and Airspace of Yemen
    1. Applicability. This rule applies to all U.S. air carriers and 
commercial operators, all persons exercising the privileges of an 
airman certificate issued by the FAA, and all operators using 
aircraft registered in the United States except where the operator 
of such aircraft is a foreign air carrier.
    2. Flight prohibition. Except as provided in paragraph 3 and 4 
of this SFAR, no person described in paragraph 1 may conduct flight 
operations within the territory and airspace of Yemen.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within 
the territory and airspace of Yemen where such operations are 
authorized either by exemption issued by the Administrator or by 
another agency of the United States Government with the approval of 
the FAA.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in 
command of an aircraft may deviate from this SFAR to the extent 
required by that emergency. Except for U.S. air carriers and 
commercial operators that are subject to the requirements of 14 
C.F.R. 121.557, 121.559, or 135.19, each person who deviates from 
this rule shall, within ten (10) days of the deviation, excluding 
Saturdays, Sundays, and Federal holidays, submit to the nearest FAA 
Flight Standards District Office a complete report of the operation 
of the aircraft involved in the deviation, including a description 
of the deviation and the reason therefor.
    5. Expiration. This Special Federal Aviation Regulation expires 
May 10, 1995.

    Issued in Washington, DC, on May 10, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-11713 Filed 5-10-94; 2:57 pm]
BILLING CODE 4910-13-P