[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]]

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Part IX





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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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]
BILLING CODE 4910-13-M