[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Rules and Regulations]
[Page 35524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14973]



[[Page 35523]]

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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 Between the United States and Iraq; 
Final Rule; Removal

  Federal Register / Vol. 68, No. 114 / Friday, June 13, 2003 / Rules 
and Regulations  

[[Page 35524]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2003-15269 (Old Docket No. 26380); SFAR No. 61-2]


Prohibition Against Certain Flights Between the United States and 
Iraq

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

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SUMMARY: This action removes Special Federal Aviation Regulation (SFAR) 
No. 61-2, which prohibits flight operations between the United States 
and Iraq, except under certain conditions. SFAR 61-2 is removed because 
the United Nations Security Council has lifted sanctions on Iraq and 
has encouraged all countries to participate in the reconstruction of 
that country, to include providing humanitarian flights. This final 
rule informs the public that the restrictions on flights between the 
United States and Iraq, which are contained in SFAR 61-2, are lifted.
    This action does not remove the Iraq flight prohibition of SFAR 77, 
which affects certain operations by U.S. air carriers and commercial 
operators, by any person exercising the privileges of an airman 
certificate issued by the FAA except persons operating 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. The flight prohibition under SFAR 77, which was 
imposed for safety reasons, remains in effect.

EFFECTIVE DATE: June 10, 2003.

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 final rule using the 
Internet through the FAA's web page at http://www2.faa.gov/avr/arm/index.cfm
    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 the 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 inquiries 
to the following Internet address: [email protected].

Background

    On September 25, 1990, the United Nations Security Council adopted 
Resolution 670, which, among other things, mandated an embargo of air 
traffic with Iraq on the part of all member nations except to provide 
food and medical supplies in humanitarian circumstances or in support 
of the UN Military Observer Group. In support of this action, the 
United States issued Executive Orders 12722 and 12724, which prohibited 
certain transactions, including air transportation, between the United 
States and Iraq. In support of Resolution 670 and Executive Orders 
12722 and 12724, the FAA adopted SFAR 61 on November 9, 1990. SFAR 61 
prohibited the takeoff from, landing in, or overflight of the territory 
of the United States by an aircraft on a flight to or from the 
territory of the Iraq. SFAR 61 expired on November 9, 1991. SFAR 61-2 
replaced SFAR 61, and has continued to support the ban on flights 
between the United States and Iraq throughout the recent hostilities.
    On May 22, 2003, the United Nations Security Council by unanimous 
vote adopted Resolution 1483, which, among other things, lifted the 
sanctions imposed by Resolution 670, including the flight prohibitions 
described above. Because of the UN action, the FAA finds that the 
underlying legal basis for SFAR 61-2 has been removed. Accordingly, 
SFAR 61-2 should be terminated immediately.
    This action does not remove the Iraq flight prohibition of SFAR 77, 
which affects certain operations by U.S. air carriers and commercial 
operators, by any person exercising the privileges of an airman 
certificate issued by the FAA except persons operating 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. The flight prohibition under SFAR 77, which was 
imposed for safety reasons, remains in effect.

Immediate Adoption

    On the basis of the above, I am ordering the removal of SFAR 61-2. 
Because this action lifts a prohibition on certain flight 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.

List of Subjects in 14 CFR Part 91

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

The Amendment

0
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 61-2 as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
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 61-2  [Removed]

0
2. Special Federal Aviation Regulation No. 61-2-- Prohibition Against 
Certain Flights Between the United States and Iraq is removed.

    Issued in Washington, DC, on June 10, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-14973 Filed 6-10-03; 3:44 pm]
BILLING CODE 4910-13-P