[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