[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31214-31215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12369]



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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



Prohibition Against Certain Flights Within the Territory and Airspace 
of Ethiopia; Final Rule

  Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2000-7360; SFAR No. 87]
RIN 2120-98


Prohibition Against Certain Flights Within the Territory and 
Airspace of Ethiopia

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action prohibits certain flight operations within the 
territory and airspace of Ethiopia north of 12 degrees north latitude 
by any United States air carrier or 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 deemed necessary to prevent an 
undue hazard to persons and aircraft engaged in flight operations in 
the referenced airspace because of the threat posed by the outbreak of 
hostilities between Ethiopia and Eritrea.

DATES: This action is effective May 12, 2000 and shall remain in effect 
until further notice.

FOR FURTHER INFORMATION CONTACT: For a copy of this amendment contact 
the Office of Rulemaking at (202) 267-9680. For technical questions, 
contact David Catey, Air Transportation Division, Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, D.C. 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) or the Government Printing Office's (GPO) electronic bulletin 
board service ((202) 512-1661). Internet users may reach the FAA's web 
page at http://www.faa.gov/avr/arm/nprm/nprm.htm 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) 267-9680. Communications must identify the notice number or 
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 (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within the FAA's jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact its local FAA official. 
Internet users can find additional information on SBREFA on the FAA's 
web page at http://www.faa.gov/avr/arm/sbrefa.htm and send electronic 
inquiries to the following Internet address: [email protected].

Background

    The FAA is responsible for the safety of flight in the United 
States and for the safety of U.S.-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 in 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.
    Since the failure of April 30, 2000, peace talks sponsored by the 
Organization of African Unity (OAU) in Algiers, a border dispute 
between Ethiopia and Eritrea that began in May 1998 has escalated again 
to the point where open hostilities have begun. Armed forces of both 
countries, which include modern surface-to-air missile systems and 
interceptor aircraft capable of engaging aircraft at cruising 
altitudes, are now engaged in hostilities near their common border. 
Since war has broken out, civil aircraft operating in the region could 
be threatened.
    Even in the event of a cease-fire, the heightened state of 
readiness maintained by the military forces of Ethiopia poses an 
imminent threat to civil aircraft operations in the area. Prior to the 
most recent mobilization, Ethiopian air defense forces had maintained 
an already high state of readiness during the cease-fire that 
threatened civil aircraft operating in the northern portion of 
Ethiopia. The August 29, 1999, downing by Ethiopian military forces of 
a U.S.-registered Learjet operating in the area is evidence of the 
seriousness of the threat. Ethiopia has issued temporary Notices to 
Airmen (NOTAM) closing certain routes in the Addis Ababa Flight 
Information Region. However, neither the Ethiopian CAA nor the 
Ethiopian military has issued formal warnings by NOTAM, in the 
Ethiopian Aeronautical Information Publication (AIP), or in some other 
forum, of the potentially catastrophic consequences of flying on routes 
temporarily removed from service. Further, Addis Ababa has rejected the 
FAA's recommendation to establish a true ``no fly'' or ``danger'' zone. 
Also, the FAA cannot assure that an adequate level of coordination 
exists between civil air traffic authorities and air defense commanders 
for civil aircraft overflight, including military rules of engagement, 
in the event an aircraft strays from its assigned route of flight. Any 
lack of coordination could put aircraft operating over northern 
Ethiopia at risk of being misidentified by military forces as a threat. 
Finally, there is no assurance that Ethiopia will follow international 
standards and recommended practices for the interception and 
identification of unidentified aircraft in its airspace.
    Given the circumstances noted above, the FAA has determined that 
the safe overflight of the territory of Ethiopia north of 12 degrees 
north latitude cannot be guaranteed.

Prohibition Against Certain Flights Within the Territory and 
Airspace of Ethiopia

    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 and airmen conducting flights in portions of the 
territory and airspace of Ethiopia. I find that the continuing lack of 
adequate warnings to civil operators, the heightened state of military 
readiness by both Ethiopia and Eritrea, the renewal of hostilities, and 
the absence of proper civil aircraft identification procedures present 
an immediate hazard to civil aircraft operations in the referenced 
airspace. Accordingly, I am prohibiting all flight operations within 
the territory and airspace of Ethiopia north of 12

[[Page 31215]]

degrees north latitude by any United States air carrier or 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 
will prevent an undue hazard to aircraft and would protect persons and 
property on board those aircraft. SFAR 87 will 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 portions of the territory and airspace of Ethiopia, 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 under 5 U.S.C. 553(d) for making this rule effective 
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.

International Trade Impact Assessment

    There are currently no U.S. carriers that would be expected to 
conduct scheduled or codeshare operations in the airspace of Ethiopia 
north of 12 degrees north latitude. This amendment would not eliminate 
existing or create additional barriers to the sale of foreign aviation 
products in the United States or to the sale of U.S. aviation products 
and services in foreign countries.

Regulatory Analyses

    This rulemaking action is 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 Paragraph 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 this amendment. 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.

List of Subjects in 14 CFR Part 91

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

The Amendment

    For the reasons set forth above, the Federal Aviation 
Administration amends 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 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531; 
Articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat. 1180).

    2. Special Federal Aviation Regulation (SFAR) No. 87 added to read 
as follows:

Special Federal Aviation Regulation No. 87--Prohibition Against Certain 
Flights Within the Territory and Airspace of Ethiopia

    1. Applicability. This Special Federal Aviation Regulation 
(SFAR) No. 87 applies to all U.S. air carriers or 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 paragraphs 3 and 4 
of this SFAR, no person described in paragraph 1 may conduct flight 
operations within the territory and airspace of Ethiopia north of 12 
degrees north latitude.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within 
the territory and airspace of Ethiopia where such operations are 
authorized either by exemption issued by the Administrator or by an 
authorization issued 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 May 12, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-12369 Filed 5-12-00; 3:05 pm]
BILLING CODE 4910-13-P