[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8702-8703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5183]



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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration


Emergency cease and desist order and notice of enforcement policy

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Emergency Cease and Desist Order and Notice of Enforcement 
Policy.

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SUMMARY: This order and policy statement is necessary to address 
safety concerns arising from the interception and destruction of 
two U.S. civilian aircraft in international airspace north of Cuba 
and the unauthorized operation of U.S. aircraft in Cuban 
territorial airspace.

EFFECTIVE DATE: February 29, 1996.

FOR FURTHER INFORMATION CONTACT:
Peter J. Lynch, Assistant Chief Counsel for Enforcement, Enforcement 
Division, Office of the Chief Counsel, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-9956.

SUPPLEMENTARY INFORMATION: 

Background

    On February 24, 1996, Cuban military aircraft intercepted and 
destroyed two unarmed U.S.-registered civilian aircraft in 
international airspace north of Cuba. These aircraft posed no credible 
threat to Cuba's security. The President directed his Administration to 
take immediate steps in response to the Cuban Government's actions. 
Among other steps, the United States sought condemnation of Cuba's 
actions by the United Nations Security Council and the International 
Civil Aviation Organization. The President also suspended all 
commercial charter flights to Cuba indefinitely.
    On February 27, 1996, the United Nations Security Council strongly 
deplored the destruction of the two civil aircraft by the Cuban air 
force, and requested that the International Civil Aviation Organization 
investigate the incident in its entirety and reports its findings to 
the Security Council as soon as possible.
    Unauthorized operation of U.S.-registered civil aircraft in Cuban 
territorial airspace is prohibited by the Federal Aviation Regulations. 
The United States Government has issued statements warning of the 
serious consequences that could occur should any person conduct such 
operations.
    Notwithstanding such advice and warnings of the United States 
Government and the unlawfulness of the conduct, operations without 
authorization in Cuban territorial airspace have occurred.
    Based on the circumstance described above, I find that an emergency 
exists relating to safety in air commerce, and that there is an 
immediate need to take action for reasons of safety of flight in the 
vicinity of the Florida Straits and to ensure against the unauthorized 
entry of U.S. civil aircraft into Cuban territorial airspace. 
Unauthorized operation of U.S.-registered civil aircraft into the 
territorial airspace of the Republic of Cuba is prohibited.

Statement of Policy

    Now, therefore, it is ordered that any person holding a U.S. airman 
certificate and/or operating U.S.-registered civil aircraft who has 
conducted unauthorized operations within Cuban territorial airspace 
Cease and desist from this unlawful activity.
    It is further ordered that all persons holding U.S. airman 
certificates and/or operating U.S.-registered civil aircraft comply 
with the Federal Aviation Regulations prohibiting unauthorized 
operation within Cuban territorial airspace.

Enforcement Policy

    Take notice that, effective immediately, any person who makes 
unauthorized entry into the territorial airspace of the Republic of 
Cuba in violation of the Federal Aviation Regulations will be subject 
to enforcement action to the maximum extent permitted by law, 
including, but not limited to the following: Immediate revocation of 
pilot certificate; maximum civil penalties; seizure of aircraft 
involved in such a violation; and appropriate judicial remedies.

(Authority: 49 U.S.C. Sections 40113(a), 44709, 46105(c), 46301, 
46304(b), 46106, and 46107.)

    Further, any person who operates or attempts to operate an aircraft 
after pilot certificate revocation, or otherwise without a valid airman 
certificate, is subject to criminal penalties of up to 3 years in 
prison, and/or fines (49 U.S.C. Section 46306(b)(7)).


[[Page 8703]]

    Issued in Washington, DC, on February 29, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-5183 Filed 3-1-96; 10:22 am]
BILLING CODE 4910-13-M