Prohibition Against Certain Flights Within the Territory and Airspace of Iran

SUMMARY: This action prohibits flight operations within the territory

and airspace of Iran by any United States air carrier or commercial

operator, by any person exercising the privileges of an airman

certificate issued by the FAA except persons operating U.S.-registered

aircraft for a foreign air carrier, or by an operator using an aircraft

registered in the United States unless the operator of such aircraft is

a foreign air carrier. Increased military presence and activity

adjacent to civilian air traffic corridors in Iran have increased the

potential threat to civil aircraft overflying the area. Therefore, this

action is taken to prevent an undue hazard to persons and U.S.-

registered aircraft overflying the area as a result of the ongoing

activity in that area.

DATES: This SFAR is effective September 17, 1996, and shall remain in

effect until further notice.

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) 267-3515.

SUPPLEMENTARY INFORMATION:

Availability of Document

An electronic copy of this document may be down loaded using a

modem and suitable communications software from the FAA regulations

section of the Fedworld electronic bulletin board service (telephone:

703-321-3339), the Federal Register's electronic bulletin board service

(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory

Committee Bulletin Board service (telephone: 202-267-5948).

Internet users may reach the FAA's web page at http://www.faa.gov

or the Federal Register's webpage at http://www.access.gpo.gov/su__docs

for access to recently published rulemaking documents.

Any person may obtain a copy of this document by submitting a

request to the Federal Aviation Administration, Office of Rulemaking,

Attention: ARM-1, 800 Independence Avenue, SW., Washington, DC 20591,

or by calling (202) 267-9677. 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

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. Section 44701(a) of Title 49, United

States Code, 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 mid-September 1996, Iran established an I-HAWK surface-to-air

missile launch site near the Iran-Turkey border. This new active SAM

site is located approximately seven miles southeast of Uromiyeh

Airfield (37 deg.40'N/04 deg.50'4'' E). In the exercise of these

statutory responsibilities, the FAA has determined that the presence of

the missile launch site in proximity to civilian air traffic corridors

has increased the potential threat to civil aircraft and 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 the territory and airspace of Iran.

Prohibition Against Certain Flights Within the Territory and Airspace

of Iran

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 or loss of certain U.S.-registered

aircraft and U.S. operators conducting flights in the vicinity of Iran.

I find that the presence of an active I-HAWK surface-to-air missile

launch site in close proximity to civilian air traffic corridors has

increased the potential threat to civil aircraft overflying the

territory and airspace of Iran. Accordingly, I am ordering a

prohibition of flight operations within the territory and airspace of

Iran by any United States carrier and commercial operator, by any

person exercising the privileges of an airman certificate issued by the

FAA except persons operating U.S.-registered aircraft for a foreign air

carrier, 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 U.S.-registered

aircraft and to protect persons on board that aircraft. Operations

approved by the Administrator, or by another agency of the United

States Government with FAA approval and certain emergency operations

shall be excepted from the prohibition. Because the circumstances

described in this SFAR 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 49 U.S.C. 40105(b)(1)(A) 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.

This rule shall remain effective until further notice.

Regulatory Evaluation

Benefits

This regulation will generate potential benefits in the form of

ensuring that the current acceptable level of safety continues for U.S.

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 the territory of Iran. Since this action is

promulgated prior to the occurrence of a serious incident resulting in

loss of life or damage to or destruction of property, 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 the territory and airspace of

[[Page 49871]]

Iran. Based on information available to informed FAA personnel, there

are three U.S. air carriers currently conducting flights within Iranian

airspace and over the territory of Iran. In addition, there may be

overflights of Iranian territory by other U.S. civil aviation. The FAA

believes that 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

Iran between Europe, Africa, and Asia. This action will impose costs in

the form of additional preflight planning and circumnavigation of

Iranian territory. The FAA seeks comment on the economic effects of

this rule.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by Federal regulations. The RFA requires a

Regulatory Flexibility Analysis if a proposed rule would have

``significant economic impact on a substantial number of small

entities.'' FAA Order 2100.14A outlines the FAA's procedures and

criteria for implementing the RFA. The FAA has determined that none of

the U.S. air carriers affected by the SFAR are ``small entities'' as

defined by FAA Order 2100.14A. Thus, the SFAR would not impose a

``significant economic impact on a substantial number of small

entities.''

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 of 1995 (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 Iran and, therefore, may

impose additional costs relating to the circumnavigation of Iranian

territory and airspace. This final rule, however, will not restrict the

ability of foreign air carriers to overfly Iranian 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 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).

The FAA has determined that none of the U.S. air carriers affected by

the SFAR are ``small entities'' as defined by FAA Order 2100.14A. Thus,

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

Aircraft, Airmen, Airports, Air traffic control, Aviation safety,

Freight, Iran.

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. 106(g), 40103, 40113, 40120, 44101, 44111,

44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,

46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.

2. Special Federal Aviation Regulation (SFAR) No. 76 is added to

read as follows:

Special Federal Aviation Regulation No. 76--Prohibition Against Certain

Flights Within the Territory and Airspace of Iran

1. Applicability. This rule applies to the following persons:

(a) All U.S. air carriers and commercial operators;

(b) All persons exercising the privileges of an airman certificate

issued by the FAA except such persons operating U.S.-registered

aircraft for a foreign air carrier; or

(c) All operators of 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 paragraphs 3 and 4 of

this SFAR, no person described in paragraph 1 may conduct flight

operations over or within the territory and airspace of Iran.

3. Permitted Operations. This SFAR does not prohibit persons

described in paragraph 1 from conducting flight operations over or

within the territory and airspace of Iran where such operations are

authorized by an exemption issued by the Administrator.

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 part 119, 121, or 135,

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 therefore.

5. Expiration. This Special Federal Aviation Regulation will remain

in effect until further notice.

Issued in Washington, DC, on September 17, 1996.

David R. Hinson,

Administrator.

[FR Doc. 96-24317 Filed 9-18-96; 12:54 pm]

BILLING CODE 4910-13-M