Prohibition Against Certain Flights Within the Territory and Airspace of Yemen

[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]

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