[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Rules and Regulations]
[Pages 31718-31719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12716]



[[Page 31717]]

-----------------------------------------------------------------------

Part IV





Department of Transportation





-----------------------------------------------------------------------



Federal Aviation Administration



-----------------------------------------------------------------------



14 CFR Part 91



Prohibition Against Certain Flights by Syrian Air Carriers to the 
United States; Final Rule

  Federal Register / Vol. 69, No. 108 / Friday, June 4, 2004 / Rules 
and Regulations  

[[Page 31718]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2004-17763; Special Federal Aviation Regulation (SFAR) 
No. 104]
RIN 2120-AI34


Prohibition Against Certain Flights by Syrian Air Carriers to the 
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action prohibits takeoffs from or landings in the 
territory of the United States by any air carrier owned or controlled 
by Syria when engaged in scheduled international air services, except 
in the event of an emergency. This prohibition does not affect 
overflights of the territory of the United States by such carriers. 
This action is necessary to implement Executive Order 13338, which 
mandates sanctions on certain operations to the United States by Syrian 
air carriers.

DATES: SFAR 104 is effective on June 4, 2004. SFAR 104 will 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; e-mail [email protected].

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 S.W., 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

    The FAA is responsible for the safety of flight in the United 
States. Section 40101(d)(1) of Title 49, United States Code, requires 
the Administrator of the FAA to consider the regulation of air commerce 
in a manner that best promotes safety and fulfills the requirements of 
national security as being in the public interest. In addition, 49 
U.S.C. 40105(b)(1)(A) requires the Administrator to exercise her 
authority consistently with the obligations of the United States 
Government under an international agreement.
    On May 11, 2004, the President of the United States issued 
Executive Order 13338, Section 2 of which requires the Secretary of 
Transportation to prohibit takeoffs from or landings in the territory 
of the United States by any air carrier owned or controlled by Syria 
when engaged in scheduled international air services. That section also 
provides an exception for takeoffs and landings by such carriers in the 
event of an emergency. The Executive Order permits overflights of 
United States territory by such carriers, and charters conducted by 
these carriers for official Syrian Government business that are 
permitted by the Department of Transportation.
    Executive Order 13338 cites the President's authority under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
the National Emergencies Act (50 U.S.C. 1601 et seq.), and the Syria 
Accountability and Lebanese Sovereignty Restoration Act of 2003 (SAA). 
In particular, the SAA authorizes the imposition of sanctions on Syria 
until it ceases certain conduct, including its support of terrorist 
groups, its efforts to develop weapons of mass destruction, and its 
occupation of Lebanon. In imposing these sanctions on Syria, including 
the flight prohibition described above, Executive Order 13338 
specifically determines that Syria's conduct in these respects is 
continuing and that it constitutes an unusual and extraordinary threat 
to the national security, foreign policy and economy of the United 
States.
    A copy of Executive Order 13338 has been placed in the docket for 
this rulemaking.

Prohibition Against Certain Flights by Syrian Air Carriers to the 
United States

    On the basis of the above, and in support of the Executive Order of 
the President of the United States, I find that immediate action by the 
FAA is required to implement Executive Order 13338. Accordingly, I am 
ordering a prohibition on the takeoff from and landing in the territory 
of the United States by any air carrier owned or controlled by Syria 
when engaged in scheduled international air services. This prohibition 
does not affect overflights of U.S. territory by such carriers. An 
exception from this flight prohibition is made for takeoffs and 
landings in the territory of the United States by such carriers in the 
event of an emergency. For the reasons stated above, I also 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 
for making this rule effective immediately upon publication. I also 
find that this action is fully consistent with my obligations under 
section 49 U.S.C. 40105(b)(1)(A) to act consistently with the 
obligations of the United States under international agreements.
    The rule contains no expiration date, and will be terminated as 
soon as the underlying legal requirements leading to its adoption are 
removed.

Regulatory Evaluation

    The potential cost of this regulation is limited to the net revenue 
of scheduled international air services by air carriers owned or 
controlled by Syria. However, pursuant to Executive Order 13338, the 
Office of the Secretary of Transportation (OST) does not permit air 
carriers owned or controlled by Syria from engaging in foreign air 
transportation as defined in 49 U.S.C. 40102(a)(23). Accordingly, this 
action will impose no additional burden on those operators.

Paperwork Reduction Act

    This rule contains no information collection requests requiring 
approval of the Office of Management and Budget pursuant to the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

International Trade Impact Assessment

    Pursuant to Executive Order 13338, the Office of the Secretary of 
Transportation (OST) will not permit air carriers owned or controlled 
by Syria to engage in foreign air transportation as

[[Page 31719]]

defined in 49 U.S.C. 40102(a)(23). This SFAR does not impose any 
restrictions on Syrian carriers engaged in foreign air transportation 
beyond those imposed by OST. Therefore, the SFAR will not create a 
competitive advantage or disadvantage for Syrian carriers in the sale 
of aviation products or services in the United States, nor for domestic 
firms in the sale of aviation products or services in foreign 
countries.

Federalism Determination

    The amendment set forth herein will not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612 (52 FR 4168; October 30, 1987), 
it is determined that this regulation does not have federalism 
implications warranting the preparation of a Federalism Assessment.

Conclusion

    For the reasons set forth above, the FAA has determined that this 
action is not a ``significant regulatory action'' under Executive Order 
12866. This action is considered a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). 
Because the Office of the Secretary of Transportation does not permit 
air carriers owned or controlled by Syria from engaging in foreign air 
transportation as defined in 49 U.S.C. 40102(a)(23), the FAA 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.

List of Subjects in 14 CFR Part 91

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

The Amendment

0
For the reasons set forth above, the Federal Aviation Administration is 
amending 14 CFR Part 91 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. app. 1301(7), 1303, 1344, 1348, 1352 
through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, 
and 2121 through 2125; Articles 12, 29, 31, and 32(a) of the 
Convention on International Civil Aviation (61 Stat. 1180); 42 
U.S.C. 4321 et seq.; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., 
p. 902; 49 U.S.C. 106(g).


0
2. Add Special Federal Aviation Regulation (SFAR) No. 104 to Part 91 to 
read as follows:

Special Federal Aviation Regulation No. 104--Prohibition Against 
Certain Flights by Syrian Air Carriers to the United States

    1. Applicability. This Special Federal Aviation Regulation 
(SFAR) No. 104 applies to any air carrier owned or controlled by 
Syria that is engaged in scheduled international air services.
    2. Special flight restrictions. Except as provided in paragraphs 
3 and 4 of this SFAR No. 104, no air carrier described in paragraph 
1 may take off from or land in the territory of the United States.
    3. Permitted operations. This SFAR does not prohibit overflights 
of the territory of the United States by any air carrier described 
in paragraph 1.
    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 of any air carrier described in paragraph 1 
may deviate from this SFAR to the extent required by that emergency. 
Each person who deviates from this rule must, within 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 or the aircraft involved in the 
deviation, including a description of the deviation and the reasons 
therefor.
    5. Duration. This SFAR No. 104 will remain in effect until 
further notice.

    Issued in Washington, DC, on May 28, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-12716 Filed 6-1-04; 3:20 pm]
BILLING CODE 4910-13-P