[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Rules and Regulations]
[Page 65382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28885]



[[Page 65381]]

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Part IV





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 Iraq; Final Rule

  Federal Register / Vol. 68, No. 223 / Wednesday, November 19, 2003 / 
Rules and Regulations  

[[Page 65382]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2003-14766; SFAR No. 77]


Prohibition Against Certain Flights Within the Territory and 
Airspace of Iraq

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; amendment.

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SUMMARY: This action amends Special Federal Aviation Regulation (SFAR) 
No. 77 to allow certain limited overflights of Iraq, subject to the 
permission of the appropriate authorities in Iraq and in accordance 
with the conditions established by those authorities. The United States 
Government recently has determined that certain overflights may be 
conducted safely.

EFFECTIVE DATE: November 19, 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 using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or 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

    SFAR 77, which was issued October 16, 1996, prohibits flight 
operations within the territory and airspace of Iraq by any United 
States air carrier or commercial operator, 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 a 
person operating an aircraft registered in the United States unless the 
operator of such aircraft is a foreign air carrier. The prohibition was 
issued in response to concerns for the safety and security of flights 
within the territory and airspace of Iraq. In the final rule, the FAA 
cited a threat made by then President Saddam Hussein who urged his 
country to ignore both the southern and northern no-fly zones and to 
attack ``any air target of the aggressors.'' The FAA was concerned that 
this threat could apply to civilian as well as military aircraft, and 
therefore issued SFAR 77 without an expiration date.
    The United States Government has determined that certain limited 
overflights of Iraq now may be conducted safely. Therefore, the FAA is 
amending SFAR 77 to permit overflights of Iraq above Flight Level 200. 
This amendment also permits aircraft departing from countries adjacent 
to Iraq to operate at altitudes below FL 200 within Iraq to the extent 
necessary to permit a climb above FL 200 if the climb performance of 
the aircraft will not permit operation above FL 200 prior to entering 
Iraqi airspace. Both types of operations must be conducted with the 
approval of, and in accordance with the conditions established by, the 
appropriate authorities of Iraq.

Immediate Adoption

    Because this action lifts a prohibition on certain overflights of 
Iraq, 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

    For the reasons set forth above, the Federal Aviation 
Administration amends part 91 of title 14 of the Code of Federal 
Regulations 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).


0
2. Revise paragraph 2 of Special Federal Aviation Regulation No. 77 to 
read as follows:

Special Federal Aviation Regulation No. 77--Prohibition Against Certain 
Flights Within the Territory and Airspace of Iraq

* * * * *
    2. Flight prohibition. No person may conduct flight operations over 
or within the territory of Iraq except as provided in paragraphs 3 and 
4 of this SFAR or except as follows:
    (a) Overflights of Iraq may be conducted above flight level (FL) 
200 subject to the approval of, and in accordance with the conditions 
established by, the appropriate authorities of Iraq.
    (b) Flights departing from countries adjacent to Iraq whose climb 
performance will not permit operation above FL 200 prior to entering 
Iraqi airspace may operate at altitudes below FL 200 within Iraq to the 
extent necessary to permit a climb above FL 200, subject to the 
approval of, and in accordance with the conditions established by, the 
appropriate authorities of Iraq.
    (c) [Reserved]
* * * * *

    Issued in Washington, DC, on November 13, 2003.
Marion C. Blakely,
Administrator.
[FR Doc. 03-28885 Filed 11-18-03; 8:45 am]
BILLING CODE 4910-13-P