[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Rules and Regulations]
[Pages 48643-48645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23346]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 91
[Docket No. 26834; Special Federal Aviation Regulation (SFAR) No. 65-1]
RIN 2120-AF85
Prohibition Against Certain Flights Between the United States and
Libya
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 65, which became effective on April 20, 1992, and
expired on April 16, 1993. 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 Libya. 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 Libya. Exceptions are made for particular flights
approved by the United States Government in consultation with the UN
Security Council committee established under Security Council
Resolution 748 (1992) and for certain emergency operations. This action
is necessary to implement Executive Orders 12543 (1986) and 12801
(1992) and Resolution 748 mandating an embargo of air traffic with
Libya.
DATES: The removal of SFAR 65 and the addition of SFAR 65-1 are
effective on September 20, 1995. SFAR 65-1 shall remain in effect until
further notice.
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 S.W.,
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 Federal Aviation Administration (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)(1)(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 United Nations agree to
accept and carry out the decisions 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 March 31, 1992, acting under Chapter VII of the Charter, the
Security Council adopted Resolution 748, mandating an embargo of
certain air traffic with Libya. Paragraph 4(a) of Resolution 748
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 Libya. 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 paragraph 9 of Resolution 748. The terms of Resolution
748 were reaffirmed by the Security Council in Resolution 883 (1993).
The United States Government has taken several actions to restrict
air transportation between the United States and Libya. On January 7,
1986, the President issued Executive Order 12543, which prohibits
``[a]ny transaction by a United States person relating to
transportation to or from Libya * * * 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 Libya.'' On January
30, 1986, the Secretary of Transportation implemented Executive Order
12543 by issuing Order 86-2-23, which amended all Department of
Transportation (DOT) certificates issued under section 401 of the
Federal Aviation Act, all permits issued under section 402 of the Act,
and all exemptions from sections 401 and 402 accordingly.
In response to UN Resolution 748, the President issued Executive
Order 12801 on April 15, 1992. Section 1 of Executive order 12801
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 part of the same flight or a continuation of that flight, is
destined to land in or has taken off from the territory of Libya * *
*.
Executive Order 12801 cited 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.
[[Page 48644]]
1601 et seq.), section 1114 of the Federal Aviation Act of 1958, as
amended (formerly codified at 49 U.S.C. app. 1514, now recodified at 49
U.S.C. 40106), 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. 287c). 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 * * * are 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, or prohibit, in whole or in part, economic
relations of rail, sea, [and] air * * * between any foreign country
or any national thereof or any person therein and the United States
or any person subject to the jurisdiction thereof * * *.
In support of Executive Order 12801, the FAA adopted SFAR 65 on
April 16, 1992. SFAR 65 prohibited 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 Libya. SFAR 65 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
Libya. SFAR 65 expired on April 16, 1993.
Copies of UN Security Council Resolution 748, Executive Orders
12543 and 12801, and DOT Order 86-2-23, all of which remain in effect,
have been placed in the docket for this rulemaking.
Prohibition Against Certain Flights Between the United States and
Libya
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 Orders 12543 and 12801 and to
meet the obligations of the United States under international law as
evidenced by U.N. security Council Resolution No. 748. 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 Libya as its origin or ultimate destination. Operations
approved by the United States Government in consultation with the UN
Security Council committee established under Resolution 748 and certain
emergency operations shall be excepted 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 49 U.S.C. 40105(b)(1)(A)
to act consistently with the obligations of the United States under
international agreements.
The rule contains no expiration date, and will be terminated as
soon as the underlying legal requirements leading to its adoption are
removed.
Regulatory Evaluation
The potential cost of this regulation is limited to the net revenue
of commercial flights between the United States and Libya. However,
revenue flights to Libya are currently prohibited by DOT Order 86-2-23.
Accordingly, this action will impose no additional burden on those
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 86-2-23 prohibits U.S. and foreign air carriers from
engaging in the sale of air transportation to or from Libya. This SFAR
does not impose any restrictions on commercial carriers beyond those
imposed by the DOT Order. Therefore, 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 not considered a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).
Because revenue flights to Libya are already prohibited by DOT Order
86-2-23, 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,
Freight, Libya.
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).
Part 9 SFAR 65 [Removed]
2. SFAR 65, which expired April 16, 1993, is removed.
Part 91 SFAR 65-1 [Added]
3. Special Federal Aviation Regulation (SFAR) No. 65-1 is added to
read as follows:
Special Federal Aviation Regulation No. 65-1--Prohibition Against
Certain Flights Between the United States and Libya
1. Applicability. This Special Federal Aviation Regulation
(SFAR) No. 65-1 applies to all aircraft operations originating from,
landing 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. 65-1--
(a) No person shall operate an aircraft on a flight to any point
in Libya, or to any intermediate point on a flight where the
ultimate destination is any point in Libya or that includes a
landing at any point in Libya in its intended itinerary, from any
point in the United States;
(b) No person shall operate an aircraft on a flight to any point
in the United States from any point in Libya, or from any
intermediate point on a flight where the origin is in Libya, or from
any point on a flight which includes a departure from any point in
Libya 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 Libya.
3. Permitted operations. This SFAR shall not prohibit the flight
operations between the
[[Page 48645]]
United States and Libya described in section 2 of this SFAR by an
aircraft authorized to conduct such operations by the United States
Government in consultation with the committee established by UN
Security Council Resolution 748 (1992), as affirmed by UN Security
Council Resolution 883 (1993).
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 or the
aircraft involved in the deviation, including a description of the
deviation and the reasons therefor.
5. Duration. This SFAR No. 65-1 shall remain in effect until
further notice.
Issued in Washington, DC on September 13, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-23346 Filed 9-19-95; 8:45 am]
BILLING CODE 4910-13-M
