[Federal Register Volume 67, Number 26 (Thursday, February 7, 2002)]
[Rules and Regulations]
[Page 5888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2884]



[[Page 5887]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



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

  Federal Register / Vol. 67, No. 26 / Thursday, February 7, 2002 / 
Rules and Regulations  

[[Page 5888]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2001-10664; SFAR No. 90-1]
RIN 2120-AH64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

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SUMMARY: This action removes Special Federal Aviation Regulation (SFAR) 
No. 90, which prohibits flight operations within the territory and 
airspace of Afghanistan by all U.S. air carriers, all 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 
air carrier. This action is taken because the heightened threat to 
civil aviation within the territory and airspace of Afghanistan, which 
warranted the issuance of the emergency rule, no longer exists.

EFFECTIVE DATE: February 1, 2002.

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 Rulemaking Documents

    You can get an electronic copy of this SFAR using the Internet 
through the FAA's web page at http://www.faa.gov/avr/arm/nprm.htm or 
through the Government Printing Office's web page at http://
www.access.gpo.gov/su__docs/aces/aces140.html.
    You can get a paper copy 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. Make 
sure to identify to docket number of this rulemaking.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to comply with small entity requests for 
information and advice about compliance 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 inquires 
to the following Internet address: [email protected].

Background

    Following the September 11, 2001, terrorist attacks against the 
United States, the FAA determined that unrest in Kabul, Afghanistan, 
combined with the heightened state of alert by military forces 
controlled by the Taliban, could 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 FAA determined that it was unsafe and 
contrary to the national security interests of the United States for 
U.S. operators and airmen to fly within the territory and airspace of 
Afghanistan. On September 19, 2001, the FAA issued SFAR 90, which 
prohibits all flight operations within the territory and airspace of 
Afghanistan by U.S. air carriers, U.S. commercial operators, and all 
persons exercising the privileges of an airmen 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. 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 the above-registered hazards to 
civil aviation operations in Afghanistan have largely disappeared. 
There now appears to be no heightened threat to civil aviation within 
the territory and airspace of Afghanistan.
    Because this action lifts a prohibition on certain operations 
conducted by U.S. air carriers and commercial operators, and persons 
exercising the privileges under FAA issued certificates with limited 
exception, I find that notice and public comment under 5 U.S.C. 533(b) 
are unnecessary and contrary to the public interest. Further, I find 
that good cause exists under 5 U.S.C. 533(d) for making this rule 
effective immediately upon issuance.

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. It also will have no impact on 
international trade and creates no unfunded mandate for any entity.
    Therefore, on the basis of the foregoing information, I have 
determined that the immediate removal of SFAR 90 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

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

The Amendment

    For the reasons set forth above, the Federal Aviation 
Administration amends part 91 of Title 14 of the Code of Federal 
Regulations, by removing SFAR 90 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).


SFAR No. 90  [Removed]

    2. Special Federal Aviation Regulation No. 90--Prohibition Against 
Certain Flights Within the Terriroty and Airspace of Afghanistan is 
removed.

    Issued in Washington DC, on February 1, 2002.
Jane F. Garvey,
Administrator.
[FR Doc. 02-2884 Filed 2-1-02; 4:32 pm]
BILLING CODE 4910-13-M