[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28476-28478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13131]




[[Page 28475]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



Prohibition Against Certain Flights Between the United States and the 
Federal Republic of Yugoslavia (Serbia and Montenegro); Final Rule

  Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules 
and Regulations    
[[Page 28476]] 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 26903; Special Federal Aviation Regulation (SFAR) No. 66-2]
RIN 2120-AF72


Prohibition Against Certain Flights Between the United States and 
the Federal Republic of Yugoslavia (Serbia and Montenegro)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule replaces the flight prohibition implemented by 
the FAA in SFAR 66-1, which was made effective on August 26, 1993, and 
expired on August 26, 1994. 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 Federal Republic of 
Yugoslavia (Serbia and Montenegro). This action further prohibits the 
landing in, takeoff from, or overflight of the territory of the United 
States by any aircraft on a flight from or to any intermediate 
destination, if the flight's origin or ultimate destination is Serbia 
and Montenegro. Exceptions are made for particular flights approved by 
the United States Government and for certain emergency operations. This 
action is necessary to implement Executive Order 12810 (1992) and UN 
Security Council Resolution 757 (1992) mandating an embargo of air 
traffic with Serbia and Montenegro.

DATES: Effective date. The removal of SFARs 66 and the addition of SFAR 
66-2 are effective May 31, 1995. Expiration date. SFAR 66-2 expires 
June 2, 1997.

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, 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 the 
Advisory Circular No. 11-2A, which describes the application procedure.

Background

    The FAA is responsible for the safety of flight in the United 
States and the safety of U.S.-registered aircraft and U.S. operators 
throughout the world. Section 40101(d)(1) of Title 49, United States 
Code, requires the Administrator of the FAA to consider the regulation 
of air commerce in a manner that best promotes safety and fulfills the 
requirements of national security as being in the public interest. In 
addition, 49 U.S.C. 40105(b)(A) requires the Administrator to exercise 
his authority consistently with the obligations of the United States 
Government under an international agreement.
    One such international agreement is the Charter of the United 
Nations (the Charter) (59 Stat. 1031; 3 Bevans 1153 (1945)). Under 
Article 25 of the Charter, ``the members of the Untied Nations agree to 
accept and carry out the decision of the Security Council in accordance 
with the present Charter.'' Article 48(1) of the Charter further 
provides, in pertinent part, that ``[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. * * *''
    On May 30, 1992, acting under Chapter VII of the Charter, the 
Security Council adopted Resolution 757, mandating an embargo of 
certain air traffic with Serbia and Montenegro. Paragraph 7(a) of 
Resolution 757 requires all states to deny permission to any aircraft 
to take off from, land in, or overfly their territory if the aircraft 
is destined to land in or has taken off from the territory of Serbia 
and Montenegro. An exception to this prohibition is made for flights 
that have been approved on the grounds of urgent humanitarian need by 
the Security Council Committee established by Security Council 
Resolution 724 (1991).
    The United States Government has taken several actions to restrict 
air transportation between the United States, Serbia and Montenegro in 
accordance with Security Council Resolution 757. Section 2(d) of 
Executive Order 12810, issued by the President on June 5, 1992, 
prohibits ``[a]ny transaction by a United States person, or involving 
the use of U.S.-registered vessels and aircraft, relating to 
transportation to or from the Federal Republic of Yugoslavia (Serbia 
and Montenegro) * * * or the sale in the United States by any person 
holding authority under the Federal Aviation Act * * * of any 
transportation by air which includes any stop in the Federal Republic 
of Yugoslavia (Serbia and Montenegro).'' Section 2(e) of the Executive 
Order further prohibits:


    The granting of permission to any aircraft to take off from, 
land in, or overfly 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 the Federal Republic 
of Yugoslavia (Serbia and Montenegro).


    Executive Order 12810 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 1114 of 
the Federal Aviation Act of 1958, as amended (49 U.S.C. app. 1514), 
Section 301 of Title 3, United States Code (3 U.S.C. 301), and Section 
5 of the United Nations Participation Act of 1945, as amended (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 * * * 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, and prohibit, in whole or in part, economic relations of 
rail, sea, [and] air * * * between any foreign country or to any 
nation thereof or any person therein and the United States or any 
person subject to the jurisdiction thereof. * * *


    On June 12, 1992, the Office of the Secretary of Transportation 
issued Order 92-6-27, which implements Executive Order 12810 by 
amending 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 Section 401 and 402 accordingly.
    On June 23, 1992, the FAA published SFAR 66, prohibiting 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 the 
Serbia and Montenegro (57 FR 28031). SFAR 66 also prohibited the 
landing in, takeoff from, or overflight of the territory of the United 
States by any aircraft on a flight from or to any intermediate 
destination, if the flight is destined to land in or take off from the 
Serbia and Montenegro. After SFAR 66 expired on June 19, 1993, the FAA 
reinstated the prohibition against certain flights between the United 
States and the Serbia and Montenegro through [[Page 28477]] the 
issuance of SFAR 66-1 (58 FR 45220). SFAR No. 66-1 became effective on 
August 26, 1993, and expired on August 26, 1994.
    Copies of Resolution 757 of the United National Security Council, 
Executive Order 12810, and DOT Order 92-6-27, all of which remain in 
effect, have been placed in the docket for this rulemaking.

Prohibition Against Certain Flights Between the United States, Serbia 
and Montenegro

    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 12810 and to meet the 
obligations of the United States under international law as evidenced 
by U.N. Security Council Resolution No. 757. 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 
Serbia and Montenegro as its origin or ultimate destination. Operations 
approved by the United States Government for approved purposes and 
certain emergency operations shall be expected 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 publication. 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 June 2, 1997 but may be 
terminated sooner or extended through the publication of a 
corresponding document if circumstances so warrant.

Regulatory Evaluation

    The potential cost of this regulation is limited to the net revenue 
of commercial flights between the United States, Serbia and Montenegro 
and the cost of having to circumnavigate the territory by U.S.-
registered aircraft. Revenue flights to Serbia and Montenegro are 
currently prohibited by DOT Order 92-6-27, and the FAA is unaware of 
any U.S.-registered private aircraft currently operating over Serbia 
and Montenegro. Accordingly, this action will impose no additional 
burden on commercial or private operators.

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

    DOT Order 92-6-27 prohibits U.S. and foreign air carriers from 
engaging in the sale of air transportation to or from Serbia and 
Montenegro. This SFAR does not impose any restrictions on commercial 
carriers beyond those imposed by the DOT Order. Therfore, the SFAR 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.

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, the 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 Serbia and Montenegro are already prohibited 
by DOT Order 92-6-27, 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 Regulatory 
Flexibility Act.
List of Subjects in 14 CFR Part 91

    Aircraft, Airmen, Airports, Air traffic control, Aviation safety, 
Federal Republic of Yugoslavia, Freight, Montenegro, Serbia.

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. SFAR 66 which expired June 19, 1993, and SFAR 66 which expired 
August 26, 1994, are removed.
    3. Special Federal Aviation Regulation (SFAR) No. 66-2 is added to 
read as follows:

Special Federal Aviation Regulation No. 66-2--Prohibition Against 
Certain Flights between the United States and the Federal Republic of 
Yugoslavia (Serbia and Montenegro)

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to all aircraft operations originating from, destined to land 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 66-2--
    (a) No person shall operate an aircraft from any point in the 
United States to any point in the Federal Republic of Yugoslavia 
(Serbia and Montenegro) (hereinafter ``Serbia and Montenegro''), a 
flight having any intermediate or ultimate destination in Serbia and 
Montenegro, or a flight that includes a landing at any point in Serbia 
and Montenegro in its intended itinerary;
    (b) No person shall operate an aircraft to any point in the United 
States from any point in Serbia and Montenegro, or a flight from any 
intermediate point of departure where the origin of the flight is in 
Serbia and Montenegro, or a flight that includes a departure from any 
point in Serbia and Montenegro in its intended itinerary; or
    (c) No person shall 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 Serbia and Montenegro.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States, Serbia and Montenegro described 
in section 2 of this SFAR by an aircraft authorized to conduct such 
operations by the United States Government.
    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 [[Page 28478]] the extent 
required by that emergency. Any deviation required by an emergency 
shall be reported as soon as possible to the air traffic control 
facility having jurisdiction.
    5. Expiration. This Special Federal Aviation Regulation expires 
June 2, 1997.

    Issued in Washington, DC, on May 23, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-13131 Filed 5-30-95; 8:45 am]
BILLING CODE 4910-13-M