[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 15120-15121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7784]



[[Page 15119]]

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Part V





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 91



Prohibition Against Certain Flights Within the Territory and Airspace 
of Serbia-Montenegro; Final Rule

  Federal Register / Vol. 64, No. 59 / Monday, March 29, 1999 / Rules 
and Regulations  

[[Page 15120]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29508; Special Federal Aviation Regulation (SFAR) No. 84]
RIN 2120-AG78


Prohibition Against Certain Flights Within the Territory and 
Airspace of Serbia-Montenegro

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 Serbia-Montenegro by any United States air carrier and 
commercial operator, by any person exercising the privileges of an 
airman certificate issued by the FAA unless that person is engaged in 
the operation of a 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 persons and aircraft 
engaged in such flight operations as a result of increased tensions due 
to the recent NATO military strikes against Serb forces in Serbia-
Montenegro.

DATES: This action is effective March 25, 1999, 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, D.C. 20591. Telephone: (202) 
367-8166.

SUPPLEMENTARY INFORMATION:

Availability of This Document

    An electronic copy of this document may be downloaded, using a 
moderm and suitable communications software, from the FAA regulation 
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://wwww.faa.gov or 
the GPO web page a 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

    The FAA is responsible for the safety of flight in the United 
States and for the safety of US-registered aircraft and operators 
throughout the world. Section 40101(d)(1) of Title 49, United States 
Code (U.S.C.), declares, as a matter of policy, that the regulation of 
air commerce to promote safety is the public interest. Section 44701(a) 
of Title 49, U.S.C., 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.
    On March 24, 1999, NATO military forces conducted strikes against 
the Serb military in Serbia-Montenegro because of attacks upon the 
province of Kosovo. Consequently, there could be a hostile reaction 
from armed elements in Serbia-Montenegro. Therefore, the FAA has 
determined that the safe overslight of the territory of Serbia-
Montenegro cannot be guaranteed.

Prohibition Against Certain Flights Within the Territory and 
Airspace of Serbia-Montenegro

    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 
necessary to prevent the injury to or the loss of certain U.S.-
registered aircraft and U.S. operators conducting flights in the 
territory and airspace of Serbia-Montenegro. I find that increased 
tensions resulting from the recent NATO military strikes in Serbia-
Montenegro present an immediate hazard to the operation of U.S. civil 
aircraft, operators, and airmen within Serbia-Montenegro territory and 
airspace. Accordingly, I am ordering a prohibition of all flight 
operations within the territory and airspace of Serbia-Montenegro by 
any United States air carrier and commercial operator, by any person 
exercising the privileges of an airman certificate issued by the FAA 
unless that person is engaged in the operation of a 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 aircraft and to protect persons and property on board those 
aircraft. SRAF No. 84 shall remain in effect until further notice.
    Because the circumstances described herein warrant immediately 
action by the FAA to maintain the safety of flight by the 
aforementioned persons within the territory and airspace of Serbia-
Montenegro, 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. The Department of 
State has been advised of, and has no objections to, the action taken 
herein.

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

[[Page 15121]]

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:

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, 44701, 
44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 
46316, 46502, 46504, 46506, 47122, 47508, 47528-47531.

    2. Special Federal Aviation Regulation (SFAR) No. 84 is added to 
read as follows:

Special Federal Aviation Regulation No. 84--Prohibition Against Certain 
Flights Within the Territory and Airspace of Serbia-Montenegro

    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 unless that person is engaged 
in the operation of a U.S.-registered aircraft for a foreign air 
carrier, 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 paragraph 3 and 4 
of this SFAR, no person described in paragraph 1 may conduct flight 
operations within the territory and airspace of Serbia-Montenegro.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within 
the territory and airspace of Serbia-Montenegro 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 ad the reasons therefore.
    5. Expiration. This Special Federal Aviation Regulation shall 
remain in effect until further notice.

    Issued in Washington, DC on March 25, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-7784 Filed 3-25-99; 3:46 pm]
BILLING CODE 4910-13-M