[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 15120-15121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7784]
[[Page 15119]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 91
Prohibition Against Certain Flights Within the Territory and Airspace
of Serbia-Montenegro; Final Rule
Federal Register / Vol. 64, No. 59 / Monday, March 29, 1999 / Rules
and Regulations
[[Page 15120]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 29508; Special Federal Aviation Regulation (SFAR) No. 84]
RIN 2120-AG78
Prohibition Against Certain Flights Within the Territory and
Airspace of Serbia-Montenegro
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action prohibits flight operations within the territory
and airspace of Serbia-Montenegro by any United States air carrier and
commercial operator, by any person exercising the privileges of an
airman certificate issued by the FAA unless that person is engaged in
the operation of a 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. This
action is necessary to prevent an undue hazard to persons and aircraft
engaged in such flight operations as a result of increased tensions due
to the recent NATO military strikes against Serb forces in Serbia-
Montenegro.
DATES: This action is effective March 25, 1999, and shall 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, D.C. 20591. Telephone: (202)
367-8166.
SUPPLEMENTARY INFORMATION:
Availability of This Document
An electronic copy of this document may be downloaded, using a
moderm and suitable communications software, from the FAA regulation
section of the Fedworld electronic bulletin board service ((703) 321-
3339), the Government Printing Office's (GPO) electronic bulletin board
service ((202) 512-1661), or the FAA's Aviation Rulemaking Advisory
Committee Bulletin Board service ((800) 322-2722 or (202) 267-5948).
Internet users may reach the FAA's web page at http://wwww.faa.gov or
the GPO web page a http://www.access.gpo.gov/nara for access to
recently published rulemaking documents.
Any person may obtain a copy of this document 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) 267-9677. Communications must identify the docket number of this
action.
Persons interested in being placed on the mailing list for future
rules should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statues
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplied by a
small entity.
If you are a small entity and have a question, contact your local
FAA official. If you do not know how to contact your local FAA
official, you may contact Charlene Brown, Program Analyst Staff, Office
of Rulemaking, ARM-27, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet
users can find additional information on SBREFA in the ``Quick Jump''
section of the FAA's web page at http://www.faa.gov and may send
electronic inquiries to the following Internet address: 9-AWA-
[email protected]
Background
The FAA is responsible for the safety of flight in the United
States and for the safety of US-registered aircraft and operators
throughout the world. Section 40101(d)(1) of Title 49, United States
Code (U.S.C.), declares, as a matter of policy, that the regulation of
air commerce to promote safety is the public interest. Section 44701(a)
of Title 49, U.S.C., provides the FAA with broad authority to carry out
this policy by prescribing regulations governing the practices,
methods, and procedures necessary to ensure safety in air commerce.
On March 24, 1999, NATO military forces conducted strikes against
the Serb military in Serbia-Montenegro because of attacks upon the
province of Kosovo. Consequently, there could be a hostile reaction
from armed elements in Serbia-Montenegro. Therefore, the FAA has
determined that the safe overslight of the territory of Serbia-
Montenegro cannot be guaranteed.
Prohibition Against Certain Flights Within the Territory and
Airspace of Serbia-Montenegro
On the basis of the above information, and in furtherance of my
responsibilities to promote the safety of flight of civil aircraft in
air commerce, I have determined that immediate action by the FAA is
necessary to prevent the injury to or the loss of certain U.S.-
registered aircraft and U.S. operators conducting flights in the
territory and airspace of Serbia-Montenegro. I find that increased
tensions resulting from the recent NATO military strikes in Serbia-
Montenegro present an immediate hazard to the operation of U.S. civil
aircraft, operators, and airmen within Serbia-Montenegro territory and
airspace. Accordingly, I am ordering a prohibition of all flight
operations within the territory and airspace of Serbia-Montenegro by
any United States air carrier and commercial operator, by any person
exercising the privileges of an airman certificate issued by the FAA
unless that person is engaged in the operation of a 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. This action is necessary to prevent an undue
hazard to aircraft and to protect persons and property on board those
aircraft. SRAF No. 84 shall remain in effect until further notice.
Because the circumstances described herein warrant immediately
action by the FAA to maintain the safety of flight by the
aforementioned persons within the territory and airspace of Serbia-
Montenegro, I 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
issuance. I also find that this action is fully consistent with the
obligations under section 40105 of Title 49, United States Code to
ensure that I exercise my duties consistently with the obligations of
the United States under international agreements. The Department of
State has been advised of, and has no objections to, the action taken
herein.
Regulatory Analyses
This rulemaking action is determined to be taken under an emergency
situation within the meaning of Section 6(a)(3)(d) of Executive Order
12866, Regulatory Planning and Review. It also is considered an
emergency regulation under Para. 11g of the Department of
Transportation (DOT) Regulatory Policies and Procedures. In addition,
it
[[Page 15121]]
is not a significant rule within the meaning of either the Executive
Order or DOT's policies and procedures. Accordingly, no regulatory
analysis or evaluation accompanies the rule. The FAA certifies that
this rule will not have a substantial impact on a substantial number of
small entities as defined in the Regulatory Flexibility Act of 1980, as
amended. It also will have no impact on international trade and creates
no unfunded mandate on any entity.
The Amendment
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
1. The authority citation for Part 91 continues to read as follows:
Authority: 49 USC 106(g), 40103, 40113, 40120, 44101, 44701,
44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315,
46316, 46502, 46504, 46506, 47122, 47508, 47528-47531.
2. Special Federal Aviation Regulation (SFAR) No. 84 is added to
read as follows:
Special Federal Aviation Regulation No. 84--Prohibition Against Certain
Flights Within the Territory and Airspace of Serbia-Montenegro
1. Applicability. This rule applies to all U.S. air carriers and
commercial operators, all persons exercising the privileges of an
airman certificate issued by the FAA unless that person is engaged
in the operation of a U.S.-registered aircraft for a foreign air
carrier, and all operators using aircraft registered in the United
States except where the operator of such aircraft is a foreign air
carrier.
2. Flight prohibition. Except as provided in paragraph 3 and 4
of this SFAR, no person described in paragraph 1 may conduct flight
operations within the territory and airspace of Serbia-Montenegro.
3. Permitted operations. This SFAR does not prohibit persons
described in paragraph 1 from conducting flight operations within
the territory and airspace of Serbia-Montenegro where such
operations are authorized either by exemption issued by the
Administrator or by another agency of the United States Government
with the approval of the FAA.
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 may deviate from this SFAR to the extent
required by that emergency. Except for U.S. air carriers and
commercial operators that are subject to the requirements of 14 CFR
121.557, 121.559, or 135.19, each person who deviates from this rule
shall, within ten (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 of the
aircraft involved in the deviation, including a description of the
deviation ad the reasons therefore.
5. Expiration. This Special Federal Aviation Regulation shall
remain in effect until further notice.
Issued in Washington, DC on March 25, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-7784 Filed 3-25-99; 3:46 pm]
BILLING CODE 4910-13-M
