[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Rules and Regulations]
[Pages 48942-48943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23917]



[[Page 48941]]

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Part III





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 Afghanistan; Final Rule

  Federal Register / Vol. 66, No. 185 / Monday, September 24, 2001 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2001-10664; SFAR 90]
RIN 2120


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 prohibits flight operations within the territory 
and airspace of Afghanistan by all United States air carriers, U.S. 
commercial operators, and by all persons exercising the privileges of 
an airman certificate issued by the FAA unless that airman is a foreign 
national engaged in the operation of a U.S-registered aircraft for a 
foreign carrier. This action is deemed necessary to prevent a potential 
hazard to persons and aircraft engaged in such flight operations for 
the reasons set forth below.

DATES: This action is effective September 19, 2001, 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, DC 20591. Telephone: (202) 
267-3732 or 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 paper 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 docket number of this 
action.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information 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: 9 AWA [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 U.S. 
operators throughout the world. Additionally, the FAA is responsible 
for issuing rules affecting the safety of air commerce and national 
security. Title 49 United States Code (U.S.C.) Section 40101(d)(1) 
provides that the Administrator shall consider the following, among 
others, as being in the public interest: assigning, maintaining, and 
enhancing safety and security as the highest priorities in air 
commerce. Title 49 U.S.C. Section 44701(a) provides the FAA with broad 
authority to prescribe regulations governing the practices, methods, 
and procedures necessary for safety in air commerce and national 
security.
    The United States has aviation safety and national security 
interests in not having the flights or the individuals affected by this 
SFAR overfly Afghanistan or land anywhere in Afghanistan for any reason 
(e.g., an aircraft mechanical problem or fuel problem). Recent unrest 
in Kabul, coupled with a heightened alert by military forces controlled 
by the Taliban, may exacerbate coordination and communication problems 
between military air defense and civil air traffic authorities that 
could result in an inadvertent attack on civil aviation.
    Consequently, the Federal Aviation Administration has determined 
that it is not safe to overfly Afghan territory and it is not in the 
national security interests of the United States for those covered by 
this SFAR to fly within the territory and airspace of Afghanistan. The 
FAA had previously issued a flight prohibition for Afghanistan in SFAR 
67, which expired in May 2000.

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 and to issue aviation rules in the national security 
interests of the United States, 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. Accordingly, I am ordering a prohibition 
on all flight operations within the territory and airspace of 
Afghanistan by all United States air carriers, U.S. commercial 
operators, and all persons exercising the privileges of an airman 
certificate issued by the FAA unless that person is a foreign national 
engaged in the operation of a U.S.-registered aircraft for a foreign 
air carrier. This prohibition also applies to the operation of U.S.-
registered aircraft in the territory and airspace of Afghanistan except 
where the operator 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. This SFAR will remain in effect until 
further notice.
    Because the circumstances described herein warrant immediate action 
by the FAA, 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 immediately upon issuance. I also find that this action is 
fully consistent with the obligations under Title 49 U.S.C. Section 
40105 to ensure that I exercise my duties consistently with the 
obligations of the United States under international agreements.

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 a significant 
rule within the meaning of the Executive Order and DOT's policies and 
procedures. 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

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of 1980, as amended. It also will have no impact on international trade 
and creates no unfunded mandate for any entity.

List of Subjects in 14 CFR Part 91

  

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

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, 
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. 90 is added to 
read as follows:

Special Federal Aviation Regulation No. 90--Prohibition Against Certain 
Flights Within the Territory and Airspace of Afghanistan

    1. Applicability. This Special Federal Aviation Regulation 
(SFAR) No. 90 applies to all U.S. carriers, all U.S. commercial 
operators and all persons exercising the privileges of an airman 
certificate issued by the FAA, unless those airmen are foreign 
nationals engaged in the operation of a U.S.-registered aircraft for 
a foreign air carrier. This SFAR also applies to 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 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 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 Title 
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 September 19, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-23917 Filed 9-20-01; 2:12 pm]
BILLING CODE 4910-13-M