[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Rules and Regulations]
[Pages 54020-54022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26458]



[[Page 54019]]


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Part IV





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 Iraq; Final Rule

  Federal Register / Vol. 61, No. 201 / Wednesday, October 16, 1996 / 
Rules and Regulations  

[[Page 54020]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 28691; Special Federal Aviation Regulation (SFAR) No. 77]
RIN 2120-AG25


Prohibition Against Certain Flights Within the Territory and 
Airspace of Iraq

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 Iraq 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. Recently heightened tensions and instability in 
Iraq resulting from the actions of the Iraqi government have increased 
the threat of harm to U.S. operators and civil aircraft operating in 
this area. Therefore, this action is taken to prevent an undue hazard 
as a result of the threat to persons and U.S.-registered aircraft 
overflying the area.

DATES: This SFAR is effective October 9, 1996, and shall remain in 
effect until further notice.

FOR FURTHER INFORMATION CONTACT:
Mark W. Bury, International Affairs and Legal Policy Staff, AGC-7, 
Office of the Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, D.C. 20591. Telephone: (202) 267-
3515.

SUPPLEMENTARY INFORMATION:

Availability of Document

    An electronic copy of this document may be downloaded 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 web page 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, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the SFAR number or 
docket number of this action.
    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 addition, 49 
U.S.C. 40105(b)(1)(A) requires the Administrator to exercise his 
authority consistently with the obligations of the United States 
Government under an international agreement.
    In the exercise of these statutory responsibilities, the FAA 
already has restricted certain flight operations to and from Iraq. SFAR 
61-2 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 Iraq, and 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 Iraq. SFAR 61-2 implements 
Executive orders 12722 (1990) and 12724 (1990) and UN Security Council 
Resolutions 661, 666 and 670 (1990) mandating an embargo of air traffic 
with Iraq.
    The FAA also has published a Notice to Airmen (NOTAM) advising of 
no-fly zones established by the United States and its coalition allies. 
The no-fly zones cover Iraqi territorial airspace north of 36 degrees 
north latitude and south of 33 degrees north latitude. The no-fly zones 
may be entered by aircraft only in accordance with the procedures 
established by the U.S. and its coalition allies, as described in the 
NOTAM.
    The FAA has determined that the recently heightened tensions and 
instability in Iraq resulting from the actions of the Iraqi government 
have increased the threat to civil aircraft. The military situation in 
Iraq is tense after Iraqi attacks in Kurdish areas north of the 36th 
parallel (the boundary of the northern no-fly zone in Iraq) and the 
shift of the southern no-fly zone boundary from the 32nd to the 33rd 
parallel. On September 3, 1996, Iraqi President Saddam Hussein urged 
his air defense forces to ignore both the southern and northern no-fly 
zones and attack ``any air target of the aggressors.'' This threat was 
not limited specifically to the aircraft of the U.S. military and the 
coalition forces. The threat could also apply to any civilian aircraft 
that might attempt to enter the area.
    Even after the 1991 Gulf War, the Iraqi military still possesses a 
wide range of sophisticated weapons that potentially could be used to 
attack civil aviation aircraft overflying Iraq at cruising altitudes. 
These weapons include Russian- and French-made fighter and attack 
aircraft armed with cannons and air-to-air missiles, as well as Russian 
surface-to-air missile systems. The partially rebuilt integrated air 
defense command and control system combines early warning radars and 
visual observers with the sophisticated weapons.
    These circumstances justify the imposition of certain additional 
measures to ensure the safety of U.S.-registered aircraft and operators 
that are conducting flight operations in the vicinity of Iraqi 
territory and airspace.

Prohibition Against Certain Flights Within the Territory and 
Airspace of Iraq

    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 potential injury or loss of certain U.S.-
registered aircraft and U.S. operators conducting flights in the 
vicinity of Iraq. I find that the circumstances surrounding the 
recently heightened tensions and instability in and around Iraq and the 
actions of the Iraqi military, as described above, present an immediate 
hazard to the operation of civil aircraft in the territory and airspace 
of Iraq. Accordingly, I am ordering a prohibition of flight operations 
within the territory and airspace of Iraq by any United States carrier 
or commercial operator, by any person exercising the

[[Page 54021]]

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 and 
certain emergency operations shall be excepted from the prohibition.
    Because the circumstances described in this notice 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. 
commercial 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 Iraqi territory; however, the FAA 
believes that there are no carriers currently engaged in commercial 
revenue operations over Iraq.

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 Iraqi territory and airspace. The FAA believes 
that there are no U.S. air carriers or commercial operators currently 
conducting revenue flights over Iraq. However, if there are affected 
carriers, the FAA seeks comments 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 believes that there are no 
U.S. air carriers affected by this SFAR and therefore no ``small 
entities'' affected 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 or commercial operators because it will restrict 
their ability to overfly the territory of Iraq and therefore may impose 
additional costs relating to the circumnavigation of Iraq's territorial 
airspace. This final rule, however, will not restrict the ability of 
foreign air carriers to overfly Iraqi 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, the 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 there are no U.S. air carriers affected by 
the SFAR, nor any ``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 Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 91

    Aircraft, Airmen, Air traffic control, Aviation safety, Freight, 
Iraq.

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 USC 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. 77 is added to 
read as follows:

Special Federal Aviation Regulation No. 77--Prohibition Against Certain 
Flights Within the Territory and Airspace of Iraq

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers or 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 Iraq.
    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 Iraq where such operations are 
authorized either by exemption issued by the Administrator or by 
another agency of the United States Government.
    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 or commercial operators 
that are subject to

[[Page 54022]]

the requirements of 14 CFR parts 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 October 9, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-26458 Filed 10-10-96; 1:13 pm]
BILLING CODE 4910-13-M