[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Rules and Regulations]
[Pages 49138-49139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23347]




[[Page 49137]]

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Part VIII





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 Iraq; 
Final Rule

  Federal Register / Vol. 60, No. 183 / Thursday, September 21, 1995 / 
Rules and Regulations  

[[Page 49138]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 26380; Special Federal Aviation Regulation (SFAR) No. 61-2]
RIN 2120-AF87


Prohibition Against Certain Flights Between the United States and 
Iraq

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 61, which was made effective on November 9, 1990, and 
expired on November 9, 1991. 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 Iraq. 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 Iraq. Exceptions are made for particular flights 
approved by the United States Government in consultation with the UN 
Security Council committee established under Security Council 
Resolutions 661, 666 and 670 (1990) and for certain emergency 
operations. This action is necessary to implement Executive Orders 
12722 (1990) and 12724 (1990) and Security Council Resolutions 661, 
666, and 670 mandating an embargo of air traffic with Iraq.

DATES: SFAR 61-2 is effective on September 21, 1995. SFAR 61-2 shall 
remain in effect until further notice.

FOR FURTHER INFORMATION CONTACT:
Jeffrey A. Klang, International Affairs and Legal Policy Staff, AGC-7, 
Office of the Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue, S.W., 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 S.W., 
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 Federal Aviation Administration (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)(1)(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 United Nations agree to 
accept and carry out the decisions 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 September 25, 1990, acting under Chapter VII of the Charter, the 
Security Council adopted Resolution 670, mandating an embargo of 
certain air traffic with Iraq. Paragraph 3 of Resolution 670 requires 
all states to deny permission to any aircraft to take off from their 
territory if the aircraft would carry any cargo to or from Iraq other 
than food provided under humanitarian circumstances, or supplies 
intended strictly for medical purposes, or solely for the UN Iran-Iraq 
Military Observer Group (UNIIMOG). Paragraph 4 imposes an obligation on 
all States to deny permission to any aircraft destined to land in Iraq 
to overfly its territory unless:
    (a) The aircraft lands at an airfield designated by that State 
outside of Iraq in order to permit its inspection to ensure that there 
is no cargo aboard in violation of Resolution 661 or 670;
    (b) The particular flight has been approved by the sanctions 
committee established by Resolution 661; or
    (c) The flight is certified by the UN as solely for the purposes of 
UNIIMOG.
    The United States Government has taken several actions to restrict 
air transportation between the United States and Iraq. On August 2, 
1990, the President issued Executive Order 12722 (55 FR 31803, August 
3, 1990), which prohibits ``any transaction by a United States person 
relating to transportation to or from Iraq; the provision of 
transportation to or from the United States by any Iraqi person or any 
vessel of Iraqi registration; or the sale in the United States . . . of 
any transportation by air which includes any stop in Iraq;'' and 
defines ``United States person'' so as to include any person within the 
United States.
    On August 6, 1990, the Secretary of Transportation implemented 
Executive Order 12722 by issuing Order 90-8-16, which amended all 
Department of Transportation (DOT) certificates issued under section 
401 of the Federal Aviation Act, all permits issued under section 402 
of the Act, and all exemptions from sections 401 and 402 to prohibit 
the holder from selling or engaging in transportation by air to Iraq, 
or engaging in any transportation to or from Iraq.
    On August 8, 1990, the President, exercising his authority under 
the United Nations Participation Act of 1945, as amended, issued 
Executive Order No. 12724 (55 FR 33089, August 13, 1990), pertaining to 
Iraq. This order contains additional prohibitions on air transportation 
to Iraq.
    In support of Executive Orders 12722 and 12724, the FAA adopted 
SFAR 61 on November 9, 1990. SFAR 61 prohibited 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 Iraq. SFAR 61 also 
prohibited the landing in, takeoff from, or overflight of the territory 
of the United States by an aircraft on a flight from or to any 
intermediate destination, if the flight is destined to land in or take 
off from Iraq. SFAR 61 expired on November 9, 1991.
    Copies of UN Security Council Resolutions 660, 661 and 670, 
Executive Orders 12722 and 12724, and DOT Order 90-8-16, all of which 
remain in effect, have been placed in the docket for this rulemaking.

Prohibition Against Certain Flights Between the United States and 
Iraq

    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 Orders 12722 and 12724 and to 
meet the obligations of the United States under international law as 
evidenced by U.N. Security Council Resolutions No. 660, 661 and 670. 
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 

[[Page 49139]]
flight that has Iraq as its origin or ultimate destination. Operations 
approved by the United States Government in consultation with the UN 
Security Council Committee established under Resolution 661 and certain 
emergency operations shall be excepted from this prohibition. For the 
reasons stated above, I also find that notice and public comment under 
5 U.S.C. 533(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 49 U.S.C. 40105(b)(1)(A) 
to act consistently with the obligations of the United States under 
international agreements.
    The rule contains no expiration date, and will be terminated as 
soon as the underlying legal requirements leading to its adoption are 
removed.

Regulatory Evaluation

    The potential cost of this regulation is limited to the net revenue 
of commercial flights between the United States and Iraq. However, 
revenue flights to Iraq are currently prohibited by DOT Order 90-8-16. 
Accordingly, this action will impose no additional burden on those 
operators.

Paperwork Reduction Act

    The 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 90-8-16 prohibits U.S. and foreign air carriers from 
engaging in the sale of air transportation to or from Iraq. This SFAR 
does not impose any restrictions on commercial carriers beyond those 
imposed by the DOT Order. Therefore, 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 not considered a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). 
Because revenue flights to Iraq are already prohibited by DOT Order 90-
8-16, 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, 
Freight, Iraq.

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. 61-2 is added to 
read as follows:

Special Federal Aviation Regulation No. 61-2--Prohibition Against 
Certain Flights Between the United States and Iraq

    1. Applicability. This Special Federal Aviation Regulation 
(SFAR) No. 61-2 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 paragraphs 
3 and 4 of this SFAR No. 61-2--
    (a) No person shall operate an aircraft on a flight to any point 
in Iraq, or to any intermediate point on a flight where the ultimate 
destination is any point in Iraq or that includes a landing at any 
point in Iraq in its intended itinerary, from any point in the 
United States;
    (b) No person shall operate an aircraft on a flight to any point 
in the United States from any point in Iraq, or from any 
intermediate point on a flight where the origin is in Iraq, or from 
any point on a flight which includes a departure from any point in 
Iraq 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 Iraq.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States and Iraq described in section 2 
of this SFAR by an aircraft authorized to conduct such operations by 
the United States Government in consultation with the committee 
established by UN Security Council Resolution 661 (1990), and in 
accordance with UN Security Council Resolution 666 (1990).
    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 or the 
aircraft involved in the deviation, including a description of the 
deviation and the reasons therefore.
    5. Duration. This SFAR No. 61-2 shall remain in effect until 
further notice.

    Issued in Washington, DC, on September 13, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-23347 Filed 9-20-95; 8:45 am]
BILLING CODE 4910-13-M