[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: 94-11714]
[[Page Unknown]]
[Federal Register: May 13, 1994]
_______________________________________________________________________
Part VIII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 91
Prohibition Against Certain Flights Within the Territory and Airspace
of Afghanistan and Yemen; Final Rules
=======================================================================
-----------------------------------------------------------------------
Federal Aviation Administration
14 CFR Part 91
[Docket No. 27744; Special Federal Aviation Regulation (SFAR) No. 67]
RIN 2120-AF38
Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action prohibits flight operations within the territory
and airspace of Afghanistan 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 Afghanistan.
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, DC
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
Afghanistan 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 Afghanistan's territory and
airspace.
Fighting between the current government and various factions had
been localized to an area around Kabul and the northern portion of the
country. However, recent fighting has intensified and spread to a
larger area of the country. Areas of northern Afghanistan, including
major airbases and military garrisons at Mazare Sharif, have come under
the control of heavily armed insurgent forces opposed to the Kabul
regime.
Government and rebel forces possess a wide range of sophisticated
weapons that potentially could be used to attack overflying civil
aviation aircraft at cruising altitudes. These weapons include various
surface-to-air missiles (SAMs) and antiaircraft artillery. Russian made
fighter and attack aircraft, armed with cannons and air-to-air
missiles, are also being utilized by government and rebel forces.
Opposition forces have attacked Kabul with rockets, artillery, and
bombs. Government aircraft have countered with air strikes on rebel
airfields and other key facilities. According to press reports, some
air-to-air encounters have occurred between aircraft from the Afghan
factions and SAMs have been used to target aircraft. Segments of
Afghanistan continue to be the scene of factional fighting and
consequently pose a threat to transiting civilian aircraft.
Fluctuations in the level and intensity of combat create an unsafe
environment for any aircraft in Afghan airspace.
As a result of the stepped-up fighting, advisories have been issued
by the governments of Russia and the United Kingdom and by the
International Civil Aviation Organization (ICAO) urging civil air
carriers to avoid Afghan airspace. On January 11, 1994, the Russian
Civil Aviation Authority issued a notice specifically advising all
aircraft crossing Afghanistan airspace to avoid the Termez-Mazare-
Sharif-Kabul air corridor. On January 21, a communique. was issued by
the Coordination Council of the Afghan opposition calling on all
international airline organizations to restrict passenger-carrying
aircraft from flying in Afghan airspace. On February 22, 1994, the
British government issued a notice advising that there may be a risk to
civilian aircraft flying along certain air routes in northern and
southern Afghanistan, and that British and Hong Kong carriers are now
avoiding these routes. ICAO also has issued a directive urging air
carriers to discontinue flights over Afghanistan. These notices and the
communique reflect the violent and uncertain nature of the situation
and underscore the danger to flights in Afghan airspace.
While there are no indications that any faction in Afghanistan
intends to deliberately target civil aircraft, both sides have the
capability to do so and such a possibility cannot be ruled out in the
current environment. At the very least, central Afghan government
control over installations critical to navigation and communication
cannot be assured. Use of combat aircraft and SAMs by all factions in
the conflict calls into question the security of Afghan airspace for
civilian aircraft. It is uncertain how long these conditions will last.
Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan
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
Afghanistan. I find that the current civil war in Afghanistan presents
an immediate hazard to the operation of civil aircraft in the territory
and airspace of Afghanistan. Accordingly, I am ordering a prohibition
of flight operations (excluding those operations approved by the U.S.
Government and emergency operations) within the territory and airspace
of Afghanistan 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 Afghanistan'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 Afghanistan'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 Afghanistan. Therefore, these operators will not be impacted by
this action. However, there are overflights of Afghanistan'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 over Afghanistan between Europe, Africa, and Asia. 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 affected
operators. Please provide detailed cost information on the extent the
action will impose costs in the form of additional preflight planning
and circumnavigation of Afghanistan'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 Afghanistan and therefore may
impose additional costs relating to the circumnavigation of
Afghanistan's territorial airspace. This final rule will not restrict
the ability of foreign air carriers to overfly Afghanistan's territory.
Given the narrow scope of this rule, it will not eliminate existing or
create additional barriers to the sale of foreign aviation products in
the United States or to the sale of U.S. aviation products and services
in foreign countries.
Federalism Determination
The SFAR 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 Afghanistan 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
Afghanistan, Air traffic control, Aircraft, Airmen, Airports,
Aviation safety, Freight.
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. 67 is added to
read as follows:
Special Federal Aviation Regulation No. 67--Prohibition Against
Certain Flights Within the Territory and Airspace of Afghanistan
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 Afghanistan.
3. Permitted operations. This SFAR does not prohibit persons
described in paragraph 1 from conducting flight operations within the
territory and airspace of Afghanistan 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 and the reasons
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. 94-11714 Filed 5-10-94; 2:57 pm]
BILLING CODE 4910-13-P
