Prohibition Against Certain Flights Within the Territory and Airspace of Serbia-Montenegro

SUMMARY: This action prohibits flight operations within the territory

and airspace of Serbia-Montenegro by any United States air carrier and

commercial operator, by any person exercising the privileges of an

airman certificate issued by the FAA unless that person is engaged in

the operation of a 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 persons and aircraft

engaged in such flight operations as a result of increased tensions due

to the recent NATO military strikes against Serb forces in Serbia-

Montenegro.

DATES: This action is effective March 25, 1999, 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, D.C. 20591. Telephone: (202)

367-8166.

SUPPLEMENTARY INFORMATION:

Availability of This Document

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

moderm and suitable communications software, from the FAA regulation

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://wwww.faa.gov or

the GPO web page a 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

The FAA is responsible for the safety of flight in the United

States and for the safety of US-registered aircraft and operators

throughout the world. Section 40101(d)(1) of Title 49, United States

Code (U.S.C.), declares, as a matter of policy, that the regulation of

air commerce to promote safety is the public interest. Section 44701(a)

of Title 49, U.S.C., 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.

On March 24, 1999, NATO military forces conducted strikes against

the Serb military in Serbia-Montenegro because of attacks upon the

province of Kosovo. Consequently, there could be a hostile reaction

from armed elements in Serbia-Montenegro. Therefore, the FAA has

determined that the safe overslight of the territory of Serbia-

Montenegro cannot be guaranteed.

Prohibition Against Certain Flights Within the Territory and

Airspace of Serbia-Montenegro

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

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

registered aircraft and U.S. operators conducting flights in the

territory and airspace of Serbia-Montenegro. I find that increased

tensions resulting from the recent NATO military strikes in Serbia-

Montenegro present an immediate hazard to the operation of U.S. civil

aircraft, operators, and airmen within Serbia-Montenegro territory and

airspace. Accordingly, I am ordering a prohibition of all flight

operations within the territory and airspace of Serbia-Montenegro by

any United States air carrier and commercial operator, by any person

exercising the privileges of an airman certificate issued by the FAA

unless that person is engaged in the operation of a 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 aircraft and to protect persons and property on board those

aircraft. SRAF No. 84 shall remain in effect until further notice.

Because the circumstances described herein warrant immediately

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

aforementioned persons within the territory and airspace of Serbia-

Montenegro, 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. The Department of

State has been advised of, and has no objections to, the action taken

herein.

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

[[Page 15121]]

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:

PART 91--GENERAL OPERATING AND FLIGHT RULES

1. The authority citation for Part 91 continues to read as follows:

Authority: 49 USC 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. Special Federal Aviation Regulation (SFAR) No. 84 is added to

read as follows:

Special Federal Aviation Regulation No. 84--Prohibition Against Certain

Flights Within the Territory and Airspace of Serbia-Montenegro

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 unless that person is engaged

in the operation of a U.S.-registered aircraft for a foreign air

carrier, 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 Serbia-Montenegro.

3. Permitted operations. This SFAR does not prohibit persons

described in paragraph 1 from conducting flight operations within

the territory and airspace of Serbia-Montenegro 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 ad the reasons therefore.

5. Expiration. This Special Federal Aviation Regulation shall

remain in effect until further notice.

Issued in Washington, DC on March 25, 1999.

Jane F. Garvey,

Administrator.

[FR Doc. 99-7784 Filed 3-25-99; 3:46 pm]

BILLING CODE 4910-13-M