[Federal Register Volume 61, Number 6 (Tuesday, January 9, 1996)]
[Rules and Regulations]
[Pages 629-631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-275]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 91

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


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

AGENCY: Federal aviation Administration (FAA), DOT.

ACTION: Notice of suspension of effectiveness.

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SUMMARY: This action suspends indefinitely the provisions of SFAR No. 
66-2. SFAR No. 66-2 prohibits, with certain exceptions, the takeoff 
from, landing in, or overflight of the territory of the United States 
by any aircraft on a flight to or from the territory of Federal 
Republic of Yugoslavia (Serbia and Montenegro). In addition, the SFAR 
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. Presidential Determination No. 
96-7 suspends the sanctions previously imposed under Executive Order 
12810 with respect to Yugoslavia to achieve a negotiated settlement of 
the conflict in Bosnia-Herzegovina and directs the Department of 
Transportation to suspend the effectiveness of Order No. 92-6-27. 
Accordingly, the Administrator is suspending indefinitely the 
effectiveness of the provisions of SFAR No. 66-2.

DATES: Effective on January 2, 1996. SFAR No. 66-2 in 14 CFR Part 91 is 
suspended indefinitely.

FOR FURTHER INFORMATION CONTACT:
Patricia R. Lane, Airspace and Air Traffic Law Branch, AGC-230, Office 
of the Chief Counsel, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone: 202-267-3491.

[[Page 630]]


SUPPLEMENTARY

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 applications 
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 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 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 takeoff 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 takeoff 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 Presidents' 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:

    [N]otwithstanding 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, or 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 No. 66, prohibiting the 
takeoff from, landing in, or overflights 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 No. 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 takeoff from 
Serbia and Montenegro. After SFAR No. 66 expired on June 19, 1993, the 
FAA reinstated the prohibition against certain flights between the 
United States and the Serbia and Montenegro through the issuance of 
SFAR No. 66-1 (58 FR 45220). SFAR No. 66-1 became effective on August 
26, 1993, and expired on August 26, 1994.
    On May 31, 1995, the FAA replaced SFAR No. 66-1 with SFAR No. 66-2. 
SFAR No. 66-2 prohibits, with certain exceptions, 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) 60 FR 28476). In addition, SFAR No. 
66-2 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 flights' origin or ultimate 
destination is Serbia and Montenegro. SFAR No. 66-2 expires on June 2, 
1997.
    On October 27, 1995, the Embassy of the Federal Republic of 
Yugoslavia petitioned the FAA for an exemption from SFAR No. 66-2 to 
permit the operation of an aircraft carrying delegates from both the 
Federal Republic of Yugoslavia and the Bosnian Serb-Controlled Areas of 
the Republic of Bosnia and Herzegovina to operate to, within, and from 
the United States to and from a point within Bosnia and Montenegro. 
Pursuant to the Department of Treasury, Office of Foreign Assets 
Control, the FAA granted the petition which permitted the transporting 
of the delegation from Belgrade to and from the Peace Conference at 
Wright Patterson Air Force Base in Dayton, Ohio, for the purpose of 
conducting negotiations.
    On January 2, 1996, the President transmitted Presidential 
Determination No. 96-7, which suspends the sanctions previously imposed 
with respect to Yugoslavia to the United States Congress. The President 
determined that suspension was necessary to achieve a negotiated 
settlement of the conflict in Bosnia-Herzegovina that is acceptable to 
the parties. On January 2, 1996, the Department of Transportation 
suspended the effectiveness of the conditions contained in Order No. 
92-

[[Page 631]]
6-27. A copy of Presidential Determination No. 96-7 has been placed in 
the docket for this action.

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

    On the basis of the above, and in support of Presidential 
Determination No. 96-7, I am ordering an indefinite suspension of the 
provisions of SFAR No. 66-2. For the reasons stated above, I 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. Section 40105(b)(1) to ensure that I exercise my duties 
consistently with the obligations of the United States under 
international agreements.

Regualtory Evaluation

    This amendment is relieving in nature and suspends indefinitely the 
restrictions of flights between the United States, Serbia and 
Montenegro. In addition, the cost to circumnavigate the territory by 
U.S.-registered aircraft is removed by this action. 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

    SFAR No. 66-2 does not prohibit U.S. and foreign air carriers from 
engaging in the sale of air transportation to or from Serbia and 
Montenegro, nor does it impose any restrictions on commercial carriers 
beyond those imposed by DOT Order 92-6-27. The FAA, therefore, 
determined that SFAR No. 66-2 would 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. Accordingly, the 
suspension of SFAR No. 66-2 also will not create a competitive 
advantage or disadvantage for foreign companies 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 this amendment is relieving in nature, 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.

    Accordingly, for the reasons set forth above, the FAA is suspending 
indefinitely the provisions of SFAR 66-2.

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46502, 46504, 46506, 46507, 47122, 47508, 
47528-47531; articles 12 and 29 of the Convention on International 
Civil Aviation (61 stat. 1180).

    Issued in Washington, DC, on January 3, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-275 Filed 1-5-96; 8:45 am]
BILLING CODE 4910-13-M