[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Rules and Regulations]
[Pages 45658-45659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22892]
[[Page 45657]]
_______________________________________________________________________
Part IX
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 91
Prohibition Against Certain Flights Within the Territory and Airspace
of Afghanistan; (SFAR No. 67); Final Rule
Federal Register / Vol. 63, No. 165 / Wednesday, August 26, 1998 /
Rules and Regulations
[[Page 45658]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 27744; SFAR No. 67]
RIN 2120-AG56
Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Special Federal Aviation Regulations (SFAR)
67 by expanding the prohibition on flight operations within the
territory and airspace of Afghanistan 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. The amendment prohibits flight
operations by the aforementioned persons through the territory and
airspace of Afghanistan. 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.
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 ((800) 322-2722 or (202) 267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov or
the GPO web page at http://www.access.gpo.gov/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
describes the application procedure.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statues
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 Avenue, 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 Afghanistan. Therefore, the Federal Aviation
Administration has determined that the safe overflight of Afghan
territory can not be guaranteed.
Amendment of Prohibition Against Certain Flights Within the
Territory and Airspace of Afghanistan
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
Afghanistan. I find that increased tensions resulting from the recent
U.S. military strikes in Afghanistan present an immediate hazard to the
operation of U.S. civil aircraft, operators, and airmen within Afghan
territory and airspace. Accordingly, by this amendment to SFAR 67, I am
ordering a prohibition on all flight operations within the territory
and airspace of Afghanistan 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 aircraft and to protect persons and property on
board those aircraft. SFAR 67 currently expires on May 10, 2000; this
action does not affect that expiration date.
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 Afghanistan, 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 that 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 91 as follows:
[[Page 45659]]
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,
46316, 46502, 46504, 46506, 47122, 47508, 47528-47531.
2. Paragraph 3 of SFAR 67 is revised to read as follows:
Special Federal Aviation Regulations No. 67--Prohibition Against
Certain Flights Within the Territory and Airspace of Afghanistan
* * * * *
3. Permitted operations. This SFAR does not prohibit persons
described in paragraph 1 from conducting flight operations within
the territory and airspace of Afghanistan 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.
* * * * *
Issued in Washington, DC, on August 21, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-22892 Filed 8-21-98; 2:39 pm]
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