[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Rules and Regulations]
[Pages 49870-49871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24317]



[[Page 49869]]


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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



Prohibition Against Certain Flights Within the Territory and Airspace 
of Iran; Final Rule

  Federal Register / Vol. 61, No. 185 / Monday, September 23, 1996 / 
Rules and Regulations  

[[Page 49870]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 28690; Special Federal Aviation Regulation (SFAR) No. 76]
RIN 2120-AG28


Prohibition Against Certain Flights Within the Territory and 
Airspace of Iran

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action prohibits flight operations within the territory 
and airspace of Iran by any United States air carrier or commercial 
operator, by any person exercising the privileges of an airman 
certificate issued by the FAA except persons operating U.S.-registered 
aircraft for a foreign air carrier, or by an operator using an aircraft 
registered in the United States unless the operator of such aircraft is 
a foreign air carrier. Increased military presence and activity 
adjacent to civilian air traffic corridors in Iran have increased the 
potential threat to civil aircraft overflying the area. Therefore, this 
action is taken to prevent an undue hazard to persons and U.S.-
registered aircraft overflying the area as a result of the ongoing 
activity in that area.

DATES: This SFAR is effective September 17, 1996, and shall remain in 
effect until further notice.

FOR FURTHER INFORMATION CONTACT:
Patricia Lane, Airspace and Air Traffic Law Branch, AGC-230, or 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

    An electronic copy of this document may be down loaded using a 
modem and suitable communications software from the FAA regulations 
section of the Fedworld electronic bulletin board service (telephone: 
703-321-3339), the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee Bulletin Board service (telephone: 202-267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs 
for access to recently published rulemaking documents.
    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
Attention: ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, 
or by calling (202) 267-9677. 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 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 for 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. Section 44701(a) of Title 49, United 
States Code, provides the FAA with broad authority to carry out this 
policy by prescribing regulations governing the practices, methods, and 
procedures necessary to ensure safety in air commerce.
    In mid-September 1996, Iran established an I-HAWK surface-to-air 
missile launch site near the Iran-Turkey border. This new active SAM 
site is located approximately seven miles southeast of Uromiyeh 
Airfield (37 deg.40'N/04 deg.50'4'' E). In the exercise of these 
statutory responsibilities, the FAA has determined that the presence of 
the missile launch site in proximity to civilian air traffic corridors 
has increased the potential threat to civil aircraft and justifies the 
imposition of certain measures to ensure the safety of U.S.-registered 
aircraft and operators that are conducting flight operations in the 
vicinity of the territory and airspace of Iran.

Prohibition Against Certain Flights Within the Territory and Airspace 
of Iran

    On the basis of the above information, and in furtherance of my 
responsibilities to promote the safety of flight of civil aircraft in 
air commerce, I have determined that immediate action by the FAA is 
required to prevent the injury or loss of certain U.S.-registered 
aircraft and U.S. operators conducting flights in the vicinity of Iran. 
I find that the presence of an active I-HAWK surface-to-air missile 
launch site in close proximity to civilian air traffic corridors has 
increased the potential threat to civil aircraft overflying the 
territory and airspace of Iran. Accordingly, I am ordering a 
prohibition of flight operations within the territory and airspace of 
Iran by any United States carrier and commercial operator, by any 
person exercising the privileges of an airman certificate issued by the 
FAA except persons operating U.S.-registered aircraft for a foreign air 
carrier, or by an operator using an aircraft registered in the United 
States unless the operator of such aircraft is a foreign air carrier. 
This action is necessary to prevent an undue hazard to U.S.-registered 
aircraft and to protect persons on board that aircraft. Operations 
approved by the Administrator, or by another agency of the United 
States Government with FAA approval and certain emergency operations 
shall be excepted from the prohibition. Because the circumstances 
described in this SFAR warrant immediate action by the FAA to maintain 
the safety of flight, 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 issuance. I also find that this action is fully 
consistent with my obligations under 49 U.S.C. 40105(b)(1)(A) to ensure 
that I exercise my duties consistently with the obligations of the 
United States under international agreements. The Department of State 
has been advised of, and has no objection to, the action taken herein.
    This rule shall remain effective until further notice.

Regulatory Evaluation

Benefits

    This regulation will generate potential benefits in the form of 
ensuring that the current acceptable level of safety continues for U.S. 
air carriers and other operators. The potential benefits of this action 
will accrue only to those air carriers and other operators currently 
engaging in overflights of the territory of Iran. Since this action is 
promulgated prior to the occurrence of a serious incident resulting in 
loss of life or damage to or destruction of property, there are no 
statistics from which a quantitative estimate of benefits can be 
derived.

Costs

    The SFAR will impose a potential incremental cost of compliance in 
the form of the circumnavigation (including the additional time for 
preflight planning) of the territory and airspace of

[[Page 49871]]

Iran. Based on information available to informed FAA personnel, there 
are three U.S. air carriers currently conducting flights within Iranian 
airspace and over the territory of Iran. In addition, there may be 
overflights of Iranian territory by other U.S. civil aviation. The FAA 
believes that these operators will be the only entities affected by 
this action. These operators will incur costs for additional fuel and 
time as the result of diverting from their normal flight routes over 
Iran between Europe, Africa, and Asia. This action will impose costs in 
the form of additional preflight planning and circumnavigation of 
Iranian territory. The FAA seeks comment on the economic effects of 
this rule.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if a proposed rule would have 
``significant economic impact on a substantial number of small 
entities.'' FAA Order 2100.14A outlines the FAA's procedures and 
criteria for implementing the RFA. The FAA has determined that none of 
the U.S. air carriers affected by the SFAR are ``small entities'' as 
defined by FAA Order 2100.14A. Thus, the SFAR would not impose a 
``significant economic impact on a substantial number of small 
entities.''

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 of 1995 (44 U.S.C. 3507 et seq.).

International Trade Impact Assessment

    This final rule could have an impact on the international flights 
of U.S. air carriers and commercial operators because it will restrict 
their ability to overfly the territory of Iran and, therefore, may 
impose additional costs relating to the circumnavigation of Iranian 
territory and airspace. This final rule, however, will not restrict the 
ability of foreign air carriers to overfly Iranian territory. Given the 
narrow scope of this rule, it will not eliminate existing or create 
additional barriers to the sale of foreign aviation products in the 
United States or to the sale of U.S. aviation products and services in 
foreign countries.

Federalism Determination

    The SFAR 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 41685; 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, FAA has determined that this 
action is 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). 
The FAA has determined that none of the U.S. air carriers affected by 
the SFAR are ``small entities'' as defined by FAA Order 2100.14A. Thus, 
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 Regulation Flexibility Act.

List of Subjects in 14 CFR Part 91

    Aircraft, Airmen, Airports, Air traffic control, Aviation safety, 
Freight, Iran.

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. 106(g), 40103, 40113, 40120, 44101, 44111, 
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.

    2. Special Federal Aviation Regulation (SFAR) No. 76 is added to 
read as follows:

Special Federal Aviation Regulation No. 76--Prohibition Against Certain 
Flights Within the Territory and Airspace of Iran

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers and commercial operators;
    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA except such persons operating U.S.-registered 
aircraft for a foreign air carrier; or
    (c) All operators of aircraft registered in the United States 
except where the operator of such aircraft is a foreign air carrier.
    2. Flight Prohibition. Except as provided in paragraphs 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations over or within the territory and airspace of Iran.
    3. Permitted Operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations over or 
within the territory and airspace of Iran where such operations are 
authorized by an exemption issued by the Administrator.
    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 part 119, 121, or 135, 
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 of the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefore.
    5. Expiration. This Special Federal Aviation Regulation will remain 
in effect until further notice.

    Issued in Washington, DC, on September 17, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-24317 Filed 9-18-96; 12:54 pm]
BILLING CODE 4910-13-M