[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12130]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 91

[Docket No. 27748; Special Federal Aviation Regulation (SFAR) No. 69]
RIN 2120-AF40

 

Prohibition Against Certain Flights Between the United States and 
Haiti

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action prohibits the takeoff from, landing in, or 
overflight of the territory of the United States by an aircraft on a 
flight to or from the territory of Haiti. This action further prohibits 
the landing in, takeoff from, or overflight of the territory of the 
United States by any aircraft of a flight from or to any intermediate 
destination, if the flight's origin or ultimate destination is Haiti. 
Exceptions are made for regularly scheduled air carrier passenger 
flights or particular flights approved by the United States Government. 
This action is taken to implement Executive Order 12914, issued by the 
President on May 7, 1994, and UN Security Council Resolution 917 (May 
6, 1994) mandating, inter alia, an embargo of most air traffic with 
Haiti.

DATES: Effective date: May 13, 1994. Expiration date: May 13, 1995.

FOR FURTHER INFORMATION CONTACT:
Mark W. Bury, International Affairs and Legal Policy Staff, AGC-7, 
Office of the Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, telephone: (202) 267-
3515.

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, DC 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 the safety of U.S.-registered 
aircraft 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 addition, section 1102(a) of the Act requires that the FAA 
Administrator exercise his authority consistently with any treaty 
obligations of the United States. The United States is a party to the 
Charter of the Untied Nations (Charter) (59 Stat. 1031; 3 Bevans 1153). 
Articles 25 and 48 of that Charter require that Members of the United 
Nations carry out the decision of the Security Council. Article 25 
states: ``[t]he Members of the United Nations agree to accept and carry 
out the decisions of the Security Council in accordance with the 
present Charter.'' Article 48(1) states, in pertinent part: ``[t]he 
action required to carry out the decisions of the Security Council for 
the maintenance of international peace and security shall be taken by 
all members of the United Nations * * *.''
    The Security Council has recently decided that certain measures are 
necessary to encourage the restoration of democracy in Haiti. In 1991, 
the democratically-elected government of President Jean-Bertand 
Aristide was overthrown in a violent military coup. In the months since 
the coup, efforts to negotiate the return to democracy in Haiti with 
the restoration of the government of President Aristide have not 
succeeded. The efforts have included limited international embargoes of 
oil and arms.
    On May 6, 1994, the Security Council adopted Resolution 917 
imposing additional sanctions against Haiti. Article 2 of the 
Resolution requires all countries to deny permission to any aircraft to 
takeoff from, land in, or overfly their territory if the aircraft is 
destined for or has departed from Haiti. Exceptions to this prohibition 
are made for regularly scheduled commercial passenger flights and for 
approved flights for humanitarian or other authorized purposes that are 
consistent with the terms of the Resolution.
    In response to Security Council Resolution 917, the President 
issued Executive Order 12914 on May 7, 1994. Section 2 of Executive 
Order 12914 provides that:


    The following are prohibited, notwithstanding the existence of 
any rights or obligations conferred or imposed by an international 
agreement or any contract entered into or any license or permit 
granted before the effective date of this order, except to the 
extent provided in regulations, orders directives, authorizations, 
or licenses that may hereafter be issued pursuant to this order: (a) 
the granting of permission to any aircraft to take off from, land 
in, or overfly the territory of the United States, if the aircraft, 
as part of the same flight or a continuation of that flight, is 
destined to land in or has taken off from the territory of Haiti, 
with the exception of regular scheduled commercial passenger flights 
* * *.


    Executive Order 12914 cites the President's authority under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
the National Emergencies Act (50 U.S.C. 1601 et seq.), section 301 of 
the United States Code (3 U.S.C. 301), sections 212(f) and 215(a)(1) of 
the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f) and 
1185(a)(1)), and section 5 of the United Nations Participation Act of 
1945 (22 U.S.C. 287(c)). In particular, the United Nations 
Participation Act provides that:


    Notwithstanding the provisions of any other law, whenever the 
United States is called upon by the [UN] Security Council to apply 
measures which said Council has decided are * * * to be employed to 
give effect to its decisions under [the United Nations] Charter, the 
President may, to the extent necessary to apply such measures, 
through any agency which he may designate, and under such orders, 
rules, or regulations as may be prescribed by him, investigate, 
regulate, or prohibit, in whole or in part, economic relations of 
rail, sea, [and] air * * * between any foreign country or any 
national thereof or any person therein and the United States or any 
person subject to the jurisdiction thereof * * *.


    On May 9, 1994, the Secretary of Transportation issued Order 94-5-
13 directing all interested parties to show cause why charter and all-
cargo air services between the United States and Haiti should not be 
prohibited by appropriate amendment of all Department of Transportation 
(DOT) certificates issued under section 401 of the Act, all permits 
issued under section 402 of the Act, and all exemptions from sections 
401 and 402 of the Act. The proposed action by the Secretary would 
further implement Executive Order 12914. Comments in response to the 
Secretary's Order to Show Cause were required by the end of May 10, 
1994.
    Copies of Security Council Resolution No. 917, Executive Order 
12914, and DOT Order 94-5-13 have been placed in the docket for this 
rulemaking.

Restrictions on Flights Between the United States and Haiti

    On the basis of the above, and in support of the Executive Order of 
the President of the United States, I find that immediate action by the 
FAA is required to implement Executive Order 12914 and to meet the 
obligations of the United States under international law as evidenced 
by U.N. Security Council Resolution No. 917. Accordingly, I am ordering 
a prohibition on the takeoff from, landing in, or overflight of the 
territory of the United States by an aircraft on a flight that has 
Haiti as its origin or ultimate destination. Regularly-scheduled, 
passenger-carrying operations by U.S. and foreign air carriers and 
operations approved by the United States Government for approved 
purposes shall be excepted from this prohibition. For the reasons 
stated above, 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 rule contains an expiration date of May 13, 1995, but may be 
terminated sooner or extended through the publication of a 
corresponding notice if circumstances so warrant.

Regulatory Evaluation

    Executive Order 12914 prohibits any air travel between the United 
States and Haiti, with the exception of regularly scheduled commercial 
passenger flights. This action will not impose any restrictions on 
commercial carriers beyond those imposed by the Executive Order.

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

    The action will not create a competitive advantage or disadvantage 
for foreign companies in the sale of aviation products or services in 
the United States, nor for domestic firms in the sale of aviation 
products or services in foreign countries, except for Haiti. Because 
the FAA expects all countries to observe the sanctions ordered in U.N. 
Security Council Resolution 917, there should be no change in the 
competitive relationships between U.S. and foreign companies.

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 4168; 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).

List of Subjects in 14 CFR Part 91

    Aircraft, Airmen, Airports, Air traffic control, Aviation safety, 
Haiti.

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. 69 is added to 
read as follows:

Special Federal Aviation Regulation No. 69--Prohibition Against Certain 
Flights Between the United States and Haiti

    1. Applicability. This rule applies to all aircraft operations 
originating from, landing in, or overflying the territory of the 
United States.
    2. Special flight restrictions. Except as provided in paragraph 
3 and 4 of this SFAR--
    (a) No person may operate an aircraft or initiate a flight from 
any point in the United States to any point in Haiti, a flight 
having any intermediate or ultimate destination in Haiti, or a 
flight that includes a landing at any point in Haiti in its 
itinerary;
    (b) No person may operate an aircraft to any point in the United 
States from any point in Haiti, from any intermediate point of 
departure on a flight the origin of which is in Haiti, or which 
includes a departure from any point in Haiti in its itinerary; or
    (c) No person may operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any 
landing at or departure from any point in Haiti.
    3. Permitted operations. This SFAR does not prohibit the takeoff 
or landing of an aircraft, the initiation of a flight, or the 
overflight of United States territory by any civil aircraft:
    (a) Operated by a U.S. or foreign air carrier to conduct 
scheduled passenger-carrying operations between the United States 
and Haiti; or
    (b) Authorized to conduct such operations either 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 CFR 
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 operations of the 
aircraft involved in the deviation, including a description of the 
deviation and the reasons therefor.
    5. Expiration. This Special Federal Aviation Regulation expires 
May 13, 1995.

    Issued in Washington, DC, on May 13, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-12130 Filed 5-13-94; 3:16 pm]
BILLING CODE 4910-13-M