[Federal Register Volume 60, Number 93 (Monday, May 15, 1995)]
[Rules and Regulations]
[Pages 25980-25981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11944]
[[Page 25979]]
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Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
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14 CFR Part 91
Prohibition Against Certain Flights Within the Territory and Airspace
of Afghanistan; Final Rule
Federal Register / Vol. 60, No. 93 / Monday, May 15, 1995 / Rules and
Regulations
[[Page 25980]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 27744; Special Federal Aviation Regulation (SFAR) No. 67]
RIN 2120-AF74
Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; extension of expiration date.
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SUMMARY: This action amends Special Federal Aviation Regulation (SFAR)
67 to extend the prohibition on flight operations within the territory
and airspace of Afghanistan 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 Afghanistan.
DATES: Effective date: May 10, 1995. Expiration date: May 10, 1996.
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, D.C. 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, 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
40101(d)(1) of Title 49, United States Code, declares, as a matter of
policy, that the regulation of air commerce to promote safety is in the
public interest. Section 44701(a) of Title 49, United States Code,
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 issued
SFAR 67, prohibiting flight operations within the territory and
airspace of Afghanistan by any United States air carrier or commercial
operator, any person exercising the privileges of an airman certificate
issued by the FAA, or any operator using an aircraft registered in the
United States unless the operator of such aircraft is a foreign air
carrier. Notice of SFAR 67 was published at 59 FR 25282 (May 13, 1994).
The FAA issued SFAR 67 based upon a determination that the ongoing
civil war in Afghanistan justified 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 Afghanistan's territory
and airspace.
Fighting between government and opposition forces continues
throughout Afghanistan at a similar level and intensity as was noted
when SFAR 67 was originally issued. Government and opposition forces
still possess a wide range of sophisticated weapons that potentially
could be used to attack civil aviation aircraft overflying Afghanistan
at cruising altitudes. These weapons include Russian-made fighter and
attack aircraft armed with cannons and air-to-air missiles, and
surface-to-air missile (SAMs) systems. Although government and
opposition aircraft primarily have been used for ground attacks against
airfields and other key facilities, air-to-air encounters also have
been observed. Press reports also suggest that a number of Afghan
military and civilian aircraft have been shot down using SAMs. Large
areas of the country continue to be the scene of factional fighting.
Fluctuations in the level and intensity of combat create an unsafe
environment for transiting civilian aircraft.
As a result of the recent escalation in fighting, advisories have
been issued by the International Civil Aviation Organization (ICAO) and
Russia urging civil air carriers to avoid Afghan airspace. In a letter
dated April 8, 1994, President Assad Kotaite of ICAO issued a notice
urging air carriers to discontinue flights over Afghanistan. In a
subsequent letter of November 14, 1994, President Kotaite warned of the
continuing risks associated with flights over Afghanistan, including
operations using certain routes developed by the Afghan Government or
neighboring countries. In January 1994, the Russian civil aviation
authority released a service message warning that because of military
aircraft operations around Kabul and in northern Afghanistan, civil
aircraft were advised to avoid the Termez-Mazare Sharif-Kabul air
traffic corridor and to increase enroute flight levels as much as
possible. These advisories reflect the uncertain nature of the
situation and underscore the danger to flights in Afghan airspace.
There also are indications that at least one faction in Afghanistan
intends to deliberately target civil aircraft. In September 1994, the
Supreme Coordination Council for the Islamic Revolution in Afghanistan
issued a press release warning that it would attempt to shoot down any
Afghan Ariana Airlines aircraft operating in Afghan airspace. Although
it seems unlikely that any action in the civil war would deliberately
target a foreign-flagged air carrier, the potential for
misidentification or inadvertent targeting is a real possibility. The
FAA has received at least one report that a civil aircraft was the
target of anti-aircraft fire by Afghan government forces.
At the very least, central Afghan government control over
installations critical to navigation and communication cannot be
assured. Use of combat aircraft and SAMs by all factions in the
conflict calls into question the security of Afghan airspace for
civilian aircraft. An environment for long-term stability in this
troubled region has yet to emerge.
Prohibition Against Certain Flights Within the Territory and Airspace
of Afghanistan
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 continued 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
Afghanistan. I find that the current civil war in Afghanistan continues
to present an immediate hazard to the operation of civil aircraft in
the territory and airspace of Afghanistan. Accordingly, I am ordering
the amendment of SFAR 67 to extend the prohibition on flight operations
(excluding those operations approved by the U.S. Government and certain
emergency operations) within the territory and airspace of Afghanistan
by any United States air carrier and [[Page 25981]] 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 and property 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 49 U.S.C. 40105(b)(1)(A) to 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 now contains an expiration date of May 10, 1996, but may
be terminated sooner or extended through the publication of a
corresponding notice if circumstances so warrant.
Regulatory Evaluation
Over the past 10 years, there have been a number of instances
worldwide where civilian aircraft were either shot at or shot down. In
some instances, the shooting was intentional, while in others the
aircraft was mis-identified as an enemy aircraft. One such reported
incident, described earlier, involved Afghan government forces
mistakenly shooting at a civilian aircraft. This incident highlights
the risk that one side in the Afghan civil war will mis-identify a U.S.
civil aircraft overflying Afghanistan as a hostile aircraft. One
faction involved in the fighting in Afghanistan has specifically stated
that it would target the aircraft of an Afghan air carrier. This stated
threat increases the risk of a U.S. aircraft being mis-identified and
shot down.
Navigating around Afghanistan will result in increased variable
operating costs (i.e., maintenance, fuel, and crew) primarily for U.S.
operators who conduct flights between Europe and India. The FAA
estimates that the weighted-average variable operating cost for a wide-
body air carrier is approximately $3,100 per hour. Based on data
received from two U.S. carriers, the amount of additional time it takes
to navigate around Afghanistan using alternate routes ranges from 10
minutes by flying over Iran to between one and four hours by flying
over Saudi Arabia (depending on where the flight originated).
Some U.S. operators use the alternate route over Iran, thereby
incurring little, if any, additional flying time and operating costs.
Two U.S. operators use routes over Saudi Arabia, which result in
additional costs of approximately $3,100 to $12,400 per flight.
Based on the potentially small costs of navigating around
Afghanistan and the potentially devastating result of a U.S. air
carrier being shot down, the FAA has determined that the SFAR is cost-
beneficial.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a proposed rule would have
``significant economic impact on a substantial number of small
entities.'' FAA Order 2100.14A outlines the FAA's procedures and
criteria for implementing the RFA. The FAA has determined that none of
the U.S. air carriers affected by the SFAR are ``small entities'' as
defined by FAA Order 2100.14A. Thus, the SFAR would not impose a
``significant economic impact on a substantial number of small
entities.''
International Trade Impact Assessment
The SFAR could have an adverse affect on the international flights
of U.S. air carriers and commercial operators primarily because it
could increase their operating costs relative to foreign carriers who
continue to overfly Afghanistan. However, because of the narrow scope
of the SFAR and the small incremental cost of some of the alternate
routes available to U.S. operators, the FAA contends that the SFAR
would have little, if any, affect on the sale of U.S. aviation products
and services in foreign countries.
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.).
Federalism Determination
The SFAR 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 Afghanistan 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
Afghanistan, Aircraft, Airmen, Airports, Air traffic control,
Aviation safety, Freight.
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, 1966-1790 Comp.,
p. 902; 49 U.S.C. 106(g).
2. Section 5 of Special Federal Aviation Regulation (SFAR) No. 67
is revised to read as follows:
* * * * *
5. Expiration. This Special Federal Aviation Regulation expires May
10, 1996.
Issued in Washington, DC, on May 10, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-11944 Filed 5-10-95; 4:45 pm]
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