[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Proposed Rules]
[Pages 54278-54279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23400]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No.: FAA-2010-0289; SFAR No. 110]
RIN 2120-AJ69
Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan; Withdrawal
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: The Federal Aviation Administration (FAA) is withdrawing a
previously published notice of proposed rulemaking that proposed to
restrict U.S. civil flight operations below flight level (FL) 160
within the territory and airspace of Afghanistan.
DATES: The notice of proposed rulemaking published on May 26, 2010 (75
FR 29466) is withdrawn as of October 29, 2018.
FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation
Division, Flight Standards Service, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
8166; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2010, the FAA published a notice of proposed rulemaking
(NPRM) titled ``Prohibition against Certain Flights within the
Territory and Airspace of Afghanistan'' (75 FR 29466). The NPRM
proposed to restrict U.S. civil flight operations below FL 160 within
the territory and airspace of Afghanistan, unless the operations are
authorized by another U.S. Government department or agency (hereinafter
referred to as ``department or agency'') and approved by the FAA, or
subject to an exemption granted by the FAA. The preamble to the NPRM
explained the process for a department or agency to apply for FAA
approval for operations to be conducted under contract to that
department or agency and for operators to apply for exemption.
The situation in Afghanistan presented a unique environment
relative to other situations where the FAA had imposed similar
regulations to address the safety of U.S. operators while in foreign
territories and airspace. The presence of the U.S. military forces in
Afghanistan had required a large presence of U.S. civil aircraft
operations to support the warfighting, nation building, and
humanitarian efforts. The level of these operations occurring in
Afghanistan warranted the FAA to provide notice of the proposed
regulation to limit flight in this area and a limited opportunity for
comment from operators or other individuals that might have been
affected by such action. The FAA found that good cause existed to limit
the notice and public comment period required by 5 U.S.C. 553(d)(3) to
15 days. The comment period closed on June 10, 2010.
Discussion of Comments Received
The FAA received 22 submissions containing multiple comments from
air carriers, associations, labor organizations, humanitarian
organizations, and individuals. All of the commenters acknowledged the
risks associated with conducting aviation operations in Afghanistan.
Several commenters fully supported the provisions in the NPRM, while
others requested clarification of certain elements in the proposal. The
majority of commenters, however, asserted that the proposed rule would
place unnecessary restrictions and burdens on U.S. civil aviation
operations in Afghanistan. They contended that the proposed rule would
result in an adverse economic impact for U.S. operators and limit their
ability to support the ongoing U.S. military activities, nation
building, and humanitarian efforts.
Following publication of the NPRM, several commenters, including
Kalitta Air, Pactec International, and Atlas Air Worldwide Holdings
submitted comments that questioned the FAA's determination of the costs
of implementing the NPRM if adopted as proposed. Kalitta Air
specifically requested that the FAA complete a regulatory impact
analysis to accurately account for the costs associated with the
proposal. In response, the FAA published a Supplemental Regulatory
Flexibility Analysis on July 20, 2010 (75 FR 42015) for a 15-day
comment period that closed on August 4, 2010. No comments were
submitted to the supplemental regulatory flexibility analysis.
Conclusion
After considering the comments, the FAA has determined the unique
environment in Afghanistan continues. There is no scheduled U.S. air
service in Afghanistan, and the only operations by U.S. operators or
airmen currently conducted there are in support of U.S. Government
activities. Additionally, the
[[Page 54279]]
FAA has issued an advisory notice to airmen (NOTAM KICZ A0031/17)
advising U.S. operators in Afghanistan airspace to operate, to the
maximum extent possible, only on established air routes and at
altitudes at or above FL 330 due to the risk to civil aviation.
Accordingly, the FAA has decided to withdraw this proposal.
Withdrawal of proposed SFAR No. 110 does not preclude the FAA from
issuing another notice on this subject matter in the future and does
not commit the agency to any future course of action. The FAA continues
to assess the circumstances in Afghanistan and intends to take action
as appropriate to mitigate risks to aviation safety.
The FAA withdraws Notice No. 2010-12670, published at 75 FR 29466
on May 26, 2010.
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and (g), 40101(d)(1), 40105(b)(1), and 44701(a)(5), on
October 16, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.
[FR Doc. 2018-23400 Filed 10-26-18; 8:45 am]
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