`[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Rules and Regulations]
[Pages 60534-60535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22741]



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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



Prohibition Against Certain Flights Between the United States and 
Libya; Final Rule

  Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2004-19316; Special Federal Aviation Regulation (SFAR) 
No. 65-1]
RIN 2120-AI46


Prohibition Against Certain Flights Between the United States and 
Libya

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; removal.

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SUMMARY: This action removes Special Federal Aviation Regulation (SFAR) 
No. 65-1. SFAR 65-1 prohibits, with certain exceptions, the takeoff 
from, landing in, or overflight of the territory of the United States 
by an aircraft on a flight to or from the territory of Libya. In 
addition, SFAR 65-1 prohibits the landing in, takeoff from, or 
overflight of the territory of the United States by any aircraft on a 
flight from or to any intermediate destination, if the flight's origin 
or ultimate destination is Libya. The FAA is removing SFAR 65-1 in 
response to the decision by the President of the United States to 
revoke Executive Order 12801, which serves as the basis for SFAR 65-1. 
This final rule informs the public that the restrictions on flights 
between the United States and Libya, which are contained in SFAR 65-1, 
are removed.

DATES: Effective October 8, 2004.

FOR FURTHER INFORMATION CONTACT: David Catey, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591. Telephone: (202) 
267-3732 or 267-8166.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by: (1) Searching 
the Department of Transportation's electronic Docket Management System 
(DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of 
Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or (3) 
Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under FOR FURTHER INFORMATION CONTACT. You can find 
out more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm, or by e-mailing us at [email protected].

Background

    The United States Government has taken several actions to restrict 
air transportation between the United States and Libya. On January 7, 
1986, the President issued Executive Order 12543, which prohibits 
``[a]ny transaction by a United States person relating to 
transportation to or from Libya * * * or the sale in the United States 
by any person holding authority under the Federal Aviation Act of any 
transportation by air which includes any stop in Libya.'' On January 
30, 1986, the Secretary of Transportation implemented Executive Order 
12543 by issuing Order 86-2-23, which amended all Department of 
Transportation (DOT) certificates issued under section 401 of the 
former Federal Aviation Act, all permits issued under section 402 of 
the Act, and all exemptions from sections 401 and 402 accordingly.
    The President later issued Executive Order 12801 on April 15, 1992. 
Section 1 of Executive Order 12801 prohibits:

the granting of permission to any aircraft to take off from, land 
in, or overfly the United States, if the aircraft, as part of the 
same flight or a continuation of that flight, is destined to land in 
or has taken off from the territory of Libya * * * .
Executive Order 12801 cited the President's authority under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
the National Emergencies Act (50 U.S.C. 1601 et seq.), section 1114 of 
the Federal Aviation Act of 1958, as amended (formerly codified at 49 
U.S.C. app. 1514, now recodified at 49 U.S.C. 40106), and section 301 
of Title 3, United States Code (3 U.S.C. 301).
    Pursuant to Executive Order 12801, the FAA adopted SFAR 65 on April 
16, 1992. SFAR 65 prohibited the takeoff from, landing in, or 
overflight of the territory of the United States by an aircraft on a 
flight to or from the territory of Libya. SFAR 65 also prohibited the 
landing in, takeoff from, or overflight of the territory of the United 
States by any aircraft on a flight from or to any intermediate 
destination, if the flight is destined to land in or take off from the 
territory of Libya. After SFAR 65 expired on April 16, 1993, the FAA 
reinstated the prohibition against certain flights between the United 
States and Libya by issuing SFAR 65-1 (60 FR 48644). SFAR 65-1 became 
effective on September 20, 1995.
    On September 20, 2004, the President revoked Executive Orders 12543 
and 12801. With this action, the basis for the prohibitions in SFAR 65-
1 no longer exists. Accordingly, the FAA is taking this action to 
remove the prohibitions imposed under SFAR 65-1. This action by the FAA 
has no effect on any other requirement or restriction concerning Libya 
that may have been imposed by another agency of the United States 
Government under that other agency's authority.

Justification for Immediate Adoption

    On the basis of the above, I am ordering the removal of SFAR 65-1. 
Because this action lifts a prohibition on certain flight operations 
between the United States and Libya, I find that notice and public 
comment under 5 U.S.C. 533(b) are unnecessary and contrary to the 
public interest. Further, I find that good cause exists under 5 U.S.C. 
533(d) for making this rule effective immediately upon issuance.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19

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U.S.C. 2531-2533) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this Trade Act also requires agencies to 
consider international standards and, where appropriate, use them as 
the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act 
of 1995 (Public Law 104-4) requires agencies to prepare a written 
assessment of the costs, benefits, and other effects of proposed or 
final rules that include a Federal mandate likely to result in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more annually (adjusted 
for inflation).
    If it is determined that the expected cost impact is so minimal 
that a proposal does not warrant a full evaluation, this order permits 
a statement to that effect and the basis for it be included in the 
preamble and full regulatory evaluation cost benefit evaluation not be 
prepared.
    Removing this SFAR is the result of the President's decision to 
withdraw the Executive Orders that served as its basis, but does not 
immediately allow for flight operations between the United States and 
Libya. Certain restrictions on these operations remain effective 
through other government agencies, particularly the Department of 
Commerce. Removal of this SFAR may eventually lead to an environment 
where operations could be resumed, but the removal by itself does not 
enable these operations. For that reason, the FAA certifies that this 
action will not have a significant economic impact, and the costs and 
benefits of the rule are considered minimal under DOT Regulatory 
Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements into the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    Removal of this SFAR is only a single step that may eventually lead 
to flight operations between the United States and Libya, but does not 
by itself provide for such operations. Consequently, the FAA certifies 
that the rule will not have a significant impact on a substantial 
number of small entities.

Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to foreign commerce of the United States. 
Legitimate domestic objectives, such as safety, are not considered 
unnecessary obstacles. The statute also requires consideration of 
international standards and, where appropriate, that they be the basis 
for U.S. standards. The FAA has assessed the potential effect of this 
final rule and determined that it will have no impact on international 
trade.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million. This final rule does not contain such a mandate. The 
requirements of Title II do not apply.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Freight, Libya.

The Amendment

0
For the reasons set forth above, the Federal Aviation Administration 
amends part 91 of Title 14 of the Code of Federal Regulations as 
follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

Special Federal Aviation Regulation No. 65-1--[Removed]

0
2. Remove Special Federal Aviation Regulation No. 65-1--Prohibition 
Against Certain Flights Between the United States and Libya from part 
91.

    Issued in Washington, DC, on September 27, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-22741 Filed 10-5-04; 2:57 pm]
BILLING CODE 4910-13-P`