[Federal Register Volume 64, Number 226 (Wednesday, November 24, 1999)]
[Rules and Regulations]
[Pages 66096-66097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30663]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29317; Special Federal Aviation Regulation (SFAR) No. 82]
RIN 2120-AG67


Removal of the Prohibition Against Certain Flights Within the 
Territory and Airspace of Sudan

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

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SUMMARY: This action removes Special Federal Aviation Regulation (SFAR) 
No. 82, which prohibits flight operations within the territory and 
airspace of Sudan by any United States air carrier or 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 taken in response to the decrease 
in the tensions that followed U.S. military strikes against terrorist 
and industrial facilities associated with Usama Bin Ladin in Sudan and 
Afghanistan, which has reduced the threat of hostile actions against 
persons and aircraft engaged in flight operations within Sudan's 
territory and airspace.

EFFECTIVE DATE: November 24, 1999.

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 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 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 of the strike, the FAA determined 
that a hostile reaction from armed elements in Sudan was possible, and 
that the safe overflight of Sudanese territory could not be guaranteed. 
Accordingly, the FAA issued a final rule prohibiting certain aircraft 
operations within the territory and airspace of Sudan on August 21, 
1998. SFAR 82 prohibits flight operations within the territory and 
airspace of Sudan by any United States air carrier or 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 FAA imposed the flight prohibition in the 
exercise of its statutory responsibility for the safety of U.S.-
registered aircraft and U.S. operators.
    The FAA has since determined that tensions with Sudan have 
decreased, which has reduced the potential threat of hostile actions 
against persons and aircraft engaged in flight operations within 
Sudan's territory and airspace. Sudan has an extremely limited 
capability to target overflying aircraft and has expressed no intent to 
target civil aircraft within its airspace. There now appears to be no 
heightened threat to civil aviation within the territory and airspace 
of Sudan.

Regulatory Analyses

    The FAA has determined that this action is not a ``significant 
regulatory action'' under Executive Order 12866, nor is it considered a 
``significant rule'' under DOT Regulatory Policies and Procedures (44 
FR 11034; February 26, 1979). Because this amendment removes a 
restriction that is no longer appropriate, the FAA finds that this 
final rule may be issued without public comment and may be made 
effective immediately. The FAA also 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.
    Therefore, on the basis of the foregoing information, I have 
determined that the immediate removal of SFAR 82 from 14 CFR Part 91 is 
appropriate. The Department of State has been advised of, and has no 
objection to, the action taken herein.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Freight, Sudan.

[[Page 66097]]

The Amendment

    For the reasons set forth above, the Federal Aviation 
Administration amends 14 CFR Part 91 by removing SFAR 82 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 No. 82 is removed.

    Issued in Washington, DC, on November 17, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-30663 Filed 11-23-99; 8:45 am]
BILLING CODE 4910-13-M