[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8702-8703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5183]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Emergency cease and desist order and notice of enforcement policy
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Emergency Cease and Desist Order and Notice of Enforcement
Policy.
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SUMMARY: This order and policy statement is necessary to address
safety concerns arising from the interception and destruction of
two U.S. civilian aircraft in international airspace north of Cuba
and the unauthorized operation of U.S. aircraft in Cuban
territorial airspace.
EFFECTIVE DATE: February 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Peter J. Lynch, Assistant Chief Counsel for Enforcement, Enforcement
Division, Office of the Chief Counsel, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-9956.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 1996, Cuban military aircraft intercepted and
destroyed two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba. These aircraft posed no credible
threat to Cuba's security. The President directed his Administration to
take immediate steps in response to the Cuban Government's actions.
Among other steps, the United States sought condemnation of Cuba's
actions by the United Nations Security Council and the International
Civil Aviation Organization. The President also suspended all
commercial charter flights to Cuba indefinitely.
On February 27, 1996, the United Nations Security Council strongly
deplored the destruction of the two civil aircraft by the Cuban air
force, and requested that the International Civil Aviation Organization
investigate the incident in its entirety and reports its findings to
the Security Council as soon as possible.
Unauthorized operation of U.S.-registered civil aircraft in Cuban
territorial airspace is prohibited by the Federal Aviation Regulations.
The United States Government has issued statements warning of the
serious consequences that could occur should any person conduct such
operations.
Notwithstanding such advice and warnings of the United States
Government and the unlawfulness of the conduct, operations without
authorization in Cuban territorial airspace have occurred.
Based on the circumstance described above, I find that an emergency
exists relating to safety in air commerce, and that there is an
immediate need to take action for reasons of safety of flight in the
vicinity of the Florida Straits and to ensure against the unauthorized
entry of U.S. civil aircraft into Cuban territorial airspace.
Unauthorized operation of U.S.-registered civil aircraft into the
territorial airspace of the Republic of Cuba is prohibited.
Statement of Policy
Now, therefore, it is ordered that any person holding a U.S. airman
certificate and/or operating U.S.-registered civil aircraft who has
conducted unauthorized operations within Cuban territorial airspace
Cease and desist from this unlawful activity.
It is further ordered that all persons holding U.S. airman
certificates and/or operating U.S.-registered civil aircraft comply
with the Federal Aviation Regulations prohibiting unauthorized
operation within Cuban territorial airspace.
Enforcement Policy
Take notice that, effective immediately, any person who makes
unauthorized entry into the territorial airspace of the Republic of
Cuba in violation of the Federal Aviation Regulations will be subject
to enforcement action to the maximum extent permitted by law,
including, but not limited to the following: Immediate revocation of
pilot certificate; maximum civil penalties; seizure of aircraft
involved in such a violation; and appropriate judicial remedies.
(Authority: 49 U.S.C. Sections 40113(a), 44709, 46105(c), 46301,
46304(b), 46106, and 46107.)
Further, any person who operates or attempts to operate an aircraft
after pilot certificate revocation, or otherwise without a valid airman
certificate, is subject to criminal penalties of up to 3 years in
prison, and/or fines (49 U.S.C. Section 46306(b)(7)).
[[Page 8703]]
Issued in Washington, DC, on February 29, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-5183 Filed 3-1-96; 10:22 am]
BILLING CODE 4910-13-M
