[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Rules and Regulations]
[Pages 45654-45655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22891]



[[Page 45653]]

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Part VIII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 91



Prohibition Against Certain Flights Within the Territory and Airspace 
of Sudan; (SFAR No. 82); Final Rule

  Federal Register / Vol. 63, No. 165 / Wednesday, August 26, 1998 /  
Rules and Regulations  

[[Page 45654]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29317; SFAR 82]
RIN 2120-AG67


Prohibition Against Certain Flights Within the Territory and 
Airspace of Sudan

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 Sudan by any United States air carrier and commercial 
operator, by any person exercising the privileges of an airman 
certificate issued by the FAA, 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 persons and aircraft engaged in such flight operations as a 
result of increased tensions due to the recent U.S. military strikes 
against terrorist and industrial facilities associated with Usama Bin 
Ladin in Sudan and Afghanistan.

dates: This action is effective August 21, 1998, and shall remain in 
effect until further notice.

for further information contact: David Catey, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591. Telephone: (202) 
267-8166.

supplementary information:

Availability of This Action

    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 ((703) 321-
3339), the Government Printing Office's (GPO) electronic bulletin board 
service ((202) 512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee Bulletin Board service ((900) 322-2722 or (202) 267-5948). 
Internet users may reach the FAA's web page at http://www.faa.gov or 
the GPO web site a http://www.access.gpo/nara 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 Ave., SW, Washington, DC 20591, or by calling 
(202) 267-9677. Communications must identify the docket number of this 
action.
    Persons interested in being placed on the mailing list for future 
rules should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which 
described the application procedure.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness of 1996 (SBREFA) 
requires the FAA to report inquiries from small entities concerning 
information on, and advice about, compliance with statutes and 
regulations within the FAA's jurisdiction, including interpretation and 
application of the law to specific sets of facts supplied by a small 
entity.
    If you are a small entity and have a question, contact your local 
FAA official. If you do not know how to contact your local FAA 
official, you may contact Charlene Brown, Program Analyst Staff, Office 
of Rulemaking, ARM-27, Federal Aviation Administration, 800 
Independence Ave., SW, Washington, DC 20591, 1-888-551-1594. Internet 
users can find additional information on SBREFA in the ``Quick Jump'' 
section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: 9-AWA-
[email protected].

Background

    On August 20, 1998, the U.S. military conducted strikes against 
terrorist and industrial facilities associated with Usama Bin Ladin in 
Sudan and Afghanistan. As a result, there could be a hostile reaction 
from armed elements in Sudan. Therefore, the Federal Aviation 
Administration has determined that the safe overflight of Sudanese 
territory can not be guaranteed.

Prohibition Against Certain Flights Within the Territory and 
Airspace of Sudan

    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 action by the FAA is necessary to 
prevent the injury to U.S. operators or the loss of certain U.S.-
registered aircraft conducting flights in the territory and airspace of 
Sudan. I find that increased tensions resulting from the recent U.S. 
military strikes in Sudan present an immediate hazard to the operation 
of U.S. civil aircraft, operators, and airmen within Sudanese territory 
and airspace. Accordingly, I am ordering a prohibition on all flight 
operations within the territory and airspace of Sudan by any United 
States air carrier and commercial operator, by any person exercising 
the privileges of an airman certificate issued by the FAA, or by an 
operator 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 aircraft and to protect persons and property on 
board those aircraft. SFAR 82 shall remain in effect until further 
notice.
    Because the circumstances described herein warrant immediate action 
by the FAA to maintain the safety of flight by the aforementioned 
persons within the territory and airspace of Sudan, 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 good cause exists for making 
this rule effective immediately upon issuance. I also find that this 
action is fully consistent with the obligations under section 40105 of 
Title 49, United States Code to ensure that I exercise my duties 
consistently with the obligations of the United States under 
international agreements.

Regulatory Analyses

    This rulemaking action is determined to be taken under an emergency 
situation within the meaning of Section 6(a)(3)(d) of Executive Order 
12866, Regulatory Planning and Review. It also is considered an 
emergency regulation under Para. 11g of the Department of 
Transportation (DOT) Regulatory Policies and Procedures. In addition, 
it is not a significant rule within the meaning of either the Executive 
Order or DOT's policies and procedures. Accordingly, no regulatory 
analysis or evaluation accompanies the rule. The FAA certifies that 
this rule will not have a substantial impact on a substantial number of 
small entities as defined in the Regulatory Flexibility Act of 1980, as 
amended. It also will have no impact on international trade and creates 
no unfunded mandate on any entity.

The Amendment

    For the reasons set forth above, the Federal Aviation 
Administration is amending 14 CFR Part 92 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, 44701, 
44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315,

[[Page 45655]]

46316, 46502, 46504, 46506, 47122, 47508, 47528-47531.

    2. Special Federal Aviation Regulation (SFAR) No. 82 is added to 
read as follows:

Special Federal Aviation Regulation No. 82--Prohibition Against 
Certain Flights Within the Territory and Airspace of Sudan

    1. Applicability. This rule applies to all U.S. air carriers and 
commercial operators, all persons exercising the privileges of an 
airman certificate issued by the FAA, and all operators using 
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 within the territory and airspace of Sudan.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within 
the territory and airspace of Sudan where such operations are 
authorized either by exemption issued by the Administrator or by 
another agency of the United States Government with the approval of 
the FAA.
    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 
121.557, 121.559, or 135.19, 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 therefor.
    5. Expiration. This Special Federal Aviation Regulation shall 
remain in effect until further notice.

    Issued in Washington, DC, on August 21, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-22891 Filed 8-21-98; 2:39 pm]
BILLING CODE 4910-13-M