Prohibition Against Certain Flights Within the Territory and Airspace of Sudan

summary: This action prohibits flight operations within the territory

and airspace of Sudan 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 persons and aircraft engaged in such flight operations as a

result of increased tensions due to the recent U.S. military strikes

against terrorist and industrial facilities associated with Usama Bin

Ladin in Sudan and Afghanistan.

dates: This action is effective August 21, 1998, and shall remain in

effect until further notice.

for further information contact: David Catey, Air Transportation

Division, Flight Standards Service, Federal Aviation Administration,

800 Independence Avenue, SW., Washington, DC 20591. Telephone: (202)

267-8166.

supplementary information:

Availability of This Action

An electronic copy of this document may be downloaded, using a

modem and suitable communications software, from the FAA regulations

section of the Fedworld electronic bulletin board service ((703) 321-

3339), the Government Printing Office's (GPO) electronic bulletin board

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

Committee Bulletin Board service ((900) 322-2722 or (202) 267-5948).

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

the GPO web site a http://www.access.gpo/nara 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,

ARM-1, 800 Independence Ave., SW, Washington, DC 20591, or by calling

(202) 267-9677. Communications must identify the docket number of this

action.

Persons interested in being placed on the mailing list for future

rules should request from the above office a copy of Advisory Circular

No. 11-2A, Notice of Proposed Rulemaking Distribution System, which

described the application procedure.

Small Entity Inquiries

The Small Business Regulatory Enforcement Fairness of 1996 (SBREFA)

requires the FAA to report inquiries from small entities concerning

information on, and advice about, compliance with statutes and

regulations within the FAA's jurisdiction, including interpretation and

application of the law to specific sets of facts supplied by a small

entity.

If you are a small entity and have a question, contact your local

FAA official. If you do not know how to contact your local FAA

official, you may contact Charlene Brown, Program Analyst Staff, Office

of Rulemaking, ARM-27, Federal Aviation Administration, 800

Independence Ave., SW, Washington, DC 20591, 1-888-551-1594. Internet

users can find additional information on SBREFA in the ``Quick Jump''

section of the FAA's web page at http://www.faa.gov and may send

electronic inquiries to the following Internet address: 9-AWA-

[email protected]

Background

On August 20, 1998, the U.S. military conducted strikes against

terrorist and industrial facilities associated with Usama Bin Ladin in

Sudan and Afghanistan. As a result, there could be a hostile reaction

from armed elements in Sudan. Therefore, the Federal Aviation

Administration has determined that the safe overflight of Sudanese

territory can not be guaranteed.

Prohibition Against Certain Flights Within the Territory and

Airspace of Sudan

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 action by the FAA is necessary to

prevent the injury to U.S. operators or the loss of certain U.S.-

registered aircraft conducting flights in the territory and airspace of

Sudan. I find that increased tensions resulting from the recent U.S.

military strikes in Sudan present an immediate hazard to the operation

of U.S. civil aircraft, operators, and airmen within Sudanese territory

and airspace. Accordingly, I am ordering a prohibition on all flight

operations within the territory and airspace of Sudan 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 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 and property on

board those aircraft. SFAR 82 shall remain in effect until further

notice.

Because the circumstances described herein warrant immediate action

by the FAA to maintain the safety of flight by the aforementioned

persons within the territory and airspace of Sudan, I find that notice

and public comment under 5 U.S.C. 553(b) are impracticable and contrary

to the public interest. Further I find good cause exists for making

this rule effective immediately upon issuance. I also find that this

action is fully consistent with the obligations under section 40105 of

Title 49, United States Code to ensure that I exercise my duties

consistently with the obligations of the United States under

international agreements.

Regulatory Analyses

This rulemaking action is determined to be taken under an emergency

situation within the meaning of Section 6(a)(3)(d) of Executive Order

12866, Regulatory Planning and Review. It also is considered an

emergency regulation under Para. 11g of the Department of

Transportation (DOT) Regulatory Policies and Procedures. In addition,

it is not a significant rule within the meaning of either the Executive

Order or DOT's policies and procedures. Accordingly, no regulatory

analysis or evaluation accompanies the rule. The FAA certifies that

this rule will not have a substantial impact on a substantial number of

small entities as defined in the Regulatory Flexibility Act of 1980, as

amended. It also will have no impact on international trade and creates

no unfunded mandate on any entity.

The Amendment

For the reasons set forth above, the Federal Aviation

Administration is amending 14 CFR Part 92 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, 44701,

44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315,

[[Page 45655]]

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

2. Special Federal Aviation Regulation (SFAR) No. 82 is added to

read as follows:

Special Federal Aviation Regulation No. 82--Prohibition Against

Certain Flights Within the Territory and Airspace of Sudan

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 paragraphs 3 and 4

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

operations within the territory and airspace of Sudan.

3. Permitted operations. This SFAR does not prohibit persons

described in paragraph 1 from conducting flight operations within

the territory and airspace of Sudan 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 shall

remain in effect until further notice.

Issued in Washington, DC, on August 21, 1998.

Jane F. Garvey,

Administrator.

[FR Doc. 98-22891 Filed 8-21-98; 2:39 pm]

BILLING CODE 4910-13-M