Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan

SUMMARY: This action amends Special Federal Aviation Regulations (SFAR)

67 by expanding the prohibition on flight operations within the

territory and airspace of Afghanistan 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. The amendment prohibits flight

operations by the aforementioned persons through the territory and

airspace of Afghanistan. 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.

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 ((800) 322-2722 or (202) 267-5948).

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

the GPO web page at http://www.access.gpo.gov/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

describes the application procedure.

Small Entity Inquiries

The Small Business Regulatory Enforcement Fairness Act of 1996

(SBREFA) requires the FAA to report inquiries from small entities

concerning information on, and advice about, compliance with statues

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 Avenue, 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 Afghanistan. Therefore, the Federal Aviation

Administration has determined that the safe overflight of Afghan

territory can not be guaranteed.

Amendment of Prohibition Against Certain Flights Within the

Territory and Airspace of Afghanistan

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

Afghanistan. I find that increased tensions resulting from the recent

U.S. military strikes in Afghanistan present an immediate hazard to the

operation of U.S. civil aircraft, operators, and airmen within Afghan

territory and airspace. Accordingly, by this amendment to SFAR 67, I am

ordering a prohibition on all flight operations within the territory

and airspace of Afghanistan 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 and property on

board those aircraft. SFAR 67 currently expires on May 10, 2000; this

action does not affect that expiration date.

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 Afghanistan, 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 that 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 91 as follows:

[[Page 45659]]

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,

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

2. Paragraph 3 of SFAR 67 is revised to read as follows:

Special Federal Aviation Regulations No. 67--Prohibition Against

Certain Flights Within the Territory and Airspace of Afghanistan

* * * * *

3. Permitted operations. This SFAR does not prohibit persons

described in paragraph 1 from conducting flight operations within

the territory and airspace of Afghanistan 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.

* * * * *

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

Jane F. Garvey,

Administrator.

[FR Doc. 98-22892 Filed 8-21-98; 2:39 pm]

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