[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28476-28478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13131]
[[Page 28475]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 91
Prohibition Against Certain Flights Between the United States and the
Federal Republic of Yugoslavia (Serbia and Montenegro); Final Rule
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules
and Regulations
[[Page 28476]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 26903; Special Federal Aviation Regulation (SFAR) No. 66-2]
RIN 2120-AF72
Prohibition Against Certain Flights Between the United States and
the Federal Republic of Yugoslavia (Serbia and Montenegro)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule replaces the flight prohibition implemented by
the FAA in SFAR 66-1, which was made effective on August 26, 1993, and
expired on August 26, 1994. This action prohibits the takeoff from,
landing in, or overflight of the territory of the United States by an
aircraft on a flight to or from the territory of Federal Republic of
Yugoslavia (Serbia and Montenegro). This action further prohibits the
landing in, takeoff from, or overflight of the territory of the United
States by any aircraft on a flight from or to any intermediate
destination, if the flight's origin or ultimate destination is Serbia
and Montenegro. Exceptions are made for particular flights approved by
the United States Government and for certain emergency operations. This
action is necessary to implement Executive Order 12810 (1992) and UN
Security Council Resolution 757 (1992) mandating an embargo of air
traffic with Serbia and Montenegro.
DATES: Effective date. The removal of SFARs 66 and the addition of SFAR
66-2 are effective May 31, 1995. Expiration date. SFAR 66-2 expires
June 2, 1997.
FOR FURTHER INFORMATION CONTACT: 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: 202-267-3515.
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, Public Inquiry Center, APA-230, 800 Independence Avenue SW.,
Washington, DC 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 the
Advisory Circular No. 11-2A, which describes the application procedure.
Background
The FAA is responsible for the safety of flight in the United
States and the safety of U.S.-registered aircraft and U.S. operators
throughout the world. Section 40101(d)(1) of Title 49, United States
Code, requires the Administrator of the FAA to consider the regulation
of air commerce in a manner that best promotes safety and fulfills the
requirements of national security as being in the public interest. In
addition, 49 U.S.C. 40105(b)(A) requires the Administrator to exercise
his authority consistently with the obligations of the United States
Government under an international agreement.
One such international agreement is the Charter of the United
Nations (the Charter) (59 Stat. 1031; 3 Bevans 1153 (1945)). Under
Article 25 of the Charter, ``the members of the Untied Nations agree to
accept and carry out the decision of the Security Council in accordance
with the present Charter.'' Article 48(1) of the Charter further
provides, in pertinent part, that ``[t]he action required to carry out
the decisions of the Security Council for the maintenance of
international peace and security shall be taken by all members of the
United Nations. * * *''
On May 30, 1992, acting under Chapter VII of the Charter, the
Security Council adopted Resolution 757, mandating an embargo of
certain air traffic with Serbia and Montenegro. Paragraph 7(a) of
Resolution 757 requires all states to deny permission to any aircraft
to take off from, land in, or overfly their territory if the aircraft
is destined to land in or has taken off from the territory of Serbia
and Montenegro. An exception to this prohibition is made for flights
that have been approved on the grounds of urgent humanitarian need by
the Security Council Committee established by Security Council
Resolution 724 (1991).
The United States Government has taken several actions to restrict
air transportation between the United States, Serbia and Montenegro in
accordance with Security Council Resolution 757. Section 2(d) of
Executive Order 12810, issued by the President on June 5, 1992,
prohibits ``[a]ny transaction by a United States person, or involving
the use of U.S.-registered vessels and aircraft, relating to
transportation to or from the Federal Republic of Yugoslavia (Serbia
and Montenegro) * * * or the sale in the United States by any person
holding authority under the Federal Aviation Act * * * of any
transportation by air which includes any stop in the Federal Republic
of Yugoslavia (Serbia and Montenegro).'' Section 2(e) of the Executive
Order further prohibits:
The granting of permission to any aircraft to take off from,
land in, or overfly the United States, if the aircraft, as part of
the same flight or a continuation of that flight, is destined to
land in or has taken off from the territory of the Federal Republic
of Yugoslavia (Serbia and Montenegro).
Executive Order 12810 cites the President's authority under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
the National Emergencies Act (50 U.S.C. 1601 et seq.), Section 1114 of
the Federal Aviation Act of 1958, as amended (49 U.S.C. app. 1514),
Section 301 of Title 3, United States Code (3 U.S.C. 301), and Section
5 of the United Nations Participation Act of 1945, as amended (22
U.S.C. 287(c)). In particular, the United Nations Participation Act
provides that:
Notwithstanding the provisions of any other law, whenever the
United States is called upon by the [UN] Security Council to apply
measures which said Council has decided * * * to be employed to give
effect to its decisions under the [United Nations] Charter, the
President may, to the extent necessary to apply such measures,
through any agency which he may designate, and under such orders,
rules, or regulations as may be prescribed by him, investigate,
regulate, and prohibit, in whole or in part, economic relations of
rail, sea, [and] air * * * between any foreign country or to any
nation thereof or any person therein and the United States or any
person subject to the jurisdiction thereof. * * *
On June 12, 1992, the Office of the Secretary of Transportation
issued Order 92-6-27, which implements Executive Order 12810 by
amending all Department of Transportation (DOT) certificates issued
under Section 401 of the Act, all permits issued under Section 402 of
the Act, and all exemptions from Section 401 and 402 accordingly.
On June 23, 1992, the FAA published SFAR 66, prohibiting the
takeoff from, landing in, or overflight of the territory of the United
States by an aircraft on a flight to or from the territory of the
Serbia and Montenegro (57 FR 28031). SFAR 66 also prohibited the
landing in, takeoff from, or overflight of the territory of the United
States by any aircraft on a flight from or to any intermediate
destination, if the flight is destined to land in or take off from the
Serbia and Montenegro. After SFAR 66 expired on June 19, 1993, the FAA
reinstated the prohibition against certain flights between the United
States and the Serbia and Montenegro through [[Page 28477]] the
issuance of SFAR 66-1 (58 FR 45220). SFAR No. 66-1 became effective on
August 26, 1993, and expired on August 26, 1994.
Copies of Resolution 757 of the United National Security Council,
Executive Order 12810, and DOT Order 92-6-27, all of which remain in
effect, have been placed in the docket for this rulemaking.
Prohibition Against Certain Flights Between the United States, Serbia
and Montenegro
On the basis of the above, and in support of the Executive Order of
the President of the United States, I find that immediate action by the
FAA is required to implement Executive Order 12810 and to meet the
obligations of the United States under international law as evidenced
by U.N. Security Council Resolution No. 757. Accordingly, I am ordering
a prohibition on the takeoff from, landing in, or overflight of the
territory of the United States by an aircraft on a flight that has
Serbia and Montenegro as its origin or ultimate destination. Operations
approved by the United States Government for approved purposes and
certain emergency operations shall be expected from this prohibition.
For the reasons stated above, 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 publication. 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 rule contains an expiration date of June 2, 1997 but may be
terminated sooner or extended through the publication of a
corresponding document if circumstances so warrant.
Regulatory Evaluation
The potential cost of this regulation is limited to the net revenue
of commercial flights between the United States, Serbia and Montenegro
and the cost of having to circumnavigate the territory by U.S.-
registered aircraft. Revenue flights to Serbia and Montenegro are
currently prohibited by DOT Order 92-6-27, and the FAA is unaware of
any U.S.-registered private aircraft currently operating over Serbia
and Montenegro. Accordingly, this action will impose no additional
burden on commercial or private operators.
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
DOT Order 92-6-27 prohibits U.S. and foreign air carriers from
engaging in the sale of air transportation to or from Serbia and
Montenegro. This SFAR does not impose any restrictions on commercial
carriers beyond those imposed by the DOT Order. Therfore, the SFAR will
not create a competitive advantage or disadvantage for foreign
companies in the sale of aviation products or services in the United
States, nor for domestic firms in the sale of aviation products or
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 4168; 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, the 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 Serbia and Montenegro are already prohibited
by DOT Order 92-6-27, 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 Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 91
Aircraft, Airmen, Airports, Air traffic control, Aviation safety,
Federal Republic of Yugoslavia, Freight, Montenegro, Serbia.
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. SFAR 66 which expired June 19, 1993, and SFAR 66 which expired
August 26, 1994, are removed.
3. Special Federal Aviation Regulation (SFAR) No. 66-2 is added to
read as follows:
Special Federal Aviation Regulation No. 66-2--Prohibition Against
Certain Flights between the United States and the Federal Republic of
Yugoslavia (Serbia and Montenegro)
1. Applicability. This Special Federal Aviation Regulation (SFAR)
applies to all aircraft operations originating from, destined to land
in, or overflying the territory of the United States.
2. Special flight restrictions. Except as provided in paragraphs 3
and 4 of this SFAR No. 66-2--
(a) No person shall operate an aircraft from any point in the
United States to any point in the Federal Republic of Yugoslavia
(Serbia and Montenegro) (hereinafter ``Serbia and Montenegro''), a
flight having any intermediate or ultimate destination in Serbia and
Montenegro, or a flight that includes a landing at any point in Serbia
and Montenegro in its intended itinerary;
(b) No person shall operate an aircraft to any point in the United
States from any point in Serbia and Montenegro, or a flight from any
intermediate point of departure where the origin of the flight is in
Serbia and Montenegro, or a flight that includes a departure from any
point in Serbia and Montenegro in its intended itinerary; or
(c) No person shall operate an aircraft over the territory of the
United States if that aircraft's flight itinerary includes any landing
at or departure from any point in Serbia and Montenegro.
3. Permitted operations. This SFAR shall not prohibit the flight
operations between the United States, Serbia and Montenegro described
in section 2 of this SFAR by an aircraft authorized to conduct such
operations by the United States Government.
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 [[Page 28478]] the extent
required by that emergency. Any deviation required by an emergency
shall be reported as soon as possible to the air traffic control
facility having jurisdiction.
5. Expiration. This Special Federal Aviation Regulation expires
June 2, 1997.
Issued in Washington, DC, on May 23, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-13131 Filed 5-30-95; 8:45 am]
BILLING CODE 4910-13-M
