[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11713]
[[Page Unknown]]
[Federal Register: May 13, 1994]
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[Docket No. 27745; Special Federal Aviation Regulation (SFAR) No. 68]
RIN 2120-AF39
Prohibition Against Certain Flights Within the Territory and
Airspace of Yemen
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This action prohibits flight operations within the territory
and airspace of Yemen by any United States air carrier and commercial
operator, by any person exercising the privileges of an airman
certificate issued by the FAA, 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 taken to prevent an undue hazard
to persons and aircraft engaged in such flight operations as a result
of the ongoing civil war in Yemen.
DATES: Effective Date: May 10, 1994. Expiration date: May 10, 1995.
FOR FURTHER INFORMATION CONTACT: Patricia Lane, Airspace and Air
Traffic Law Branch, AGC-230, or Mark W. Bury, International Affairs and
Legal Policy Staff, AGC-7, Office of the Chief Counsel, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, D.C.
20591. Telephone: (202) 267-3491.
SUPPLEMENTARY INFORMATION:
Availability of Document
Any person may obtain a copy of this document by submitting a
request to the Federal Aviation Administration, Office of Public
Affairs, Attention: Public Inquiry Center, APA-230, 800 Independence
Avenue, SW., Washington, D.C. 20591, or by calling (202) 267-3484.
Communications must identify the number of this SFAR. Persons
interested in being placed on a mailing list for future rules should
also request a copy of Advisory Circular No. 11-2A, which describes the
application procedure.
Background
The Federal Aviation Administration (FAA) is responsible for the
safety of flight in the United States and for the safety of U.S.-
registered aircraft and U.S. operators throughout the world. Section
103(1) of the Federal Aviation Act of 1958 (Act) declares, as a matter
of policy, that the regulation of air commerce to promote safety is in
the public interest. Section 601(a) of the Act 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. In the exercise of these statutory
responsibilities, the FAA has determined that the current civil war in
Yemen justifies the imposition of certain measures to ensure the safety
of U.S.-registered aircraft and operators that are conducting flight
operations in the vicinity of Yemen's territory and airspace.
Political violence and power struggles have plagued Yemen since
North and South Yemen were unified in 1990. Civil hostilities have
expanded over the past four months, culminating in the recent outbreak
of widespread fighting throughout the country. President Ali Abdallah
Salih of Yemen has declared a state of emergency, and a radio station
in the capital of Sanaa announced the beginning of an all-out war. Both
sides in the conflict possess military aircraft and anti-aircraft
weapons.
The current situation in Yemen is volatile and fluid, making it
potentially dangerous for civil aircraft to fly into or over Yemen. The
ability of either side in the conflict to distinguish between hostile,
friendly, and neutral aircraft is questionable. Military aircraft have
been shot down, and airports throughout Yemen have reportedly been
bombed. Complicating the civil aviation situation is the lack of air
traffic control services and facilities in Yemen.
The government of the United Kingdom (U.K.) has issued a flight
advisory referencing the civil war in Yemen. On May 5, 1994, the
British Civil Aviation Authority, in cooperation with the U.K.
Department of Transport's International Aviation Directorate, issued a
statement advising airlines to avoid Yemen's airspace because of the
serious outbreak of fighting in the country.
Prohibition Against Certain Flights Within the Territory and
Airspace of Yemen
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
required to prevent the injury to or loss of certain U.S.-registered
aircraft and U.S. operators conducting flights in the vicinity of
Yemen. I find that the current civil war in Yemen presents an immediate
hazard to the operation of civil aircraft in the territory and airspace
of Yemen. Accordingly, I am ordering a prohibition of most flight
operations (excluding operations conducted with the specific approval
of the United States Government or emergency operations) within the
territory and airspace of Yemen by any United States air carrier and
commercial operator, by any person exercising the privileges of an
airman certificate issued by the FAA, 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 on board those
aircraft. Because the circumstances described in this notice warrant
immediate action by the FAA to maintain the safety of flight, 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
issuance. I also find that this action is fully consistent with my
obligations under section 1102(a) of the Federal Aviation Act 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 objection to, the action taken herein.
The rule contains an expiration date of May 10, 1995, but may be
terminated sooner or extended through the publication of a
corresponding notice if circumstances so warrant.
Regulatory Evaluation Summary
Benefits
This regulation will generate potential benefits in the form of
ensuring that the current acceptable level of safety continues for U.S.
commercial air carriers and other operators. The potential benefits of
this action will accrue only to those air carriers and other operators
currently engaging in overflights of Yemen's territory. Since this
action is proactive rather than reactive, there are no statistics from
which a quantitative estimate of benefits can be derived.
Costs
The SFAR will impose a potential incremental cost of compliance in
the form of the circumnavigation (including the additional time for
preflight planning) of Yemen's territory and airspace. Based on
information available to informed FAA personnel, there are no U.S. air
carriers or commercial operators currently conducting revenue flights
into Yemen. Therefore, these operators will not be affected by this
action. However, there are overflights of Yemen's territory by U.S.
commercial air carriers. Thus, these operators will be the only
entities affected by this action. These operators will incur costs for
additional fuel and time as the result of diverting from their normal
flight routes that cross over Yemen. Since the FAA does not know at
this time to what extent the potential cost of compliance will be, the
FAA solicits comments from potentially impacted operators. Please
provide detailed cost information on the extent the action will impose
costs in the form of additional preflight planning and circumnavigation
of Yemen's territory.
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
This final rule could have an impact on the international flights
of U.S. air carriers and commercial operators because it will restrict
their ability to overfly the territory of Yemen and therefore may
impose additional costs related to the circumnavigation of Yemen's
territorial airspace. This final rule will not restrict the ability of
foreign air carriers to overfly the territory of Yemen. Given the
narrow scope of this rule, it will not eliminate existing or create
additional barriers to the sale of foreign aviation products or
services in the United States or to the sale of U.S. aviation products
and 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 41685; 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, 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 revenue flights to Yemen are not currently being conducted by
U.S. air carriers or commercial operators, 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
Regulation Flexibility Act.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Yemen.
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 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).
2. Special Federal Aviation Regulation (SFAR) No. 68 is added to
read as follows:
Special Federal Aviation Regulation No. 68--Prohibition Against Certain
Flights Within the Territory and Airspace of Yemen
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, 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 Yemen.
3. Permitted operations. This SFAR does not prohibit persons
described in paragraph 1 from conducting flight operations within
the territory and airspace of Yemen 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
C.F.R. 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 operation
of the aircraft involved in the deviation, including a description
of the deviation and the reason therefor.
5. Expiration. This Special Federal Aviation Regulation expires
May 10, 1995.
Issued in Washington, DC, on May 10, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-11713 Filed 5-10-94; 2:57 pm]
BILLING CODE 4910-13-P
