[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]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
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]
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