31214 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA–2000–7360; SFAR No. 87]

RIN 2120–98

Prohibition Against Certain Flights

Within the Territory and Airspace of

Ethiopia

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action prohibits certain

flight operations within the territory and

airspace of Ethiopia north of 12 degrees

north latitude by any United States air

carrier or 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 deemed necessary to prevent

an undue hazard to persons and aircraft

engaged in flight operations in the

referenced airspace because of the threat

posed by the outbreak of hostilities

between Ethiopia and Eritrea.

DATES: This action is effective May 12,

2000 and shall remain in effect until

further notice.

FOR FURTHER INFORMATION CONTACT: For

a copy of this amendment contact the

Office of Rulemaking at (202) 267–9680.

For technical questions, contact David

Catey, Air Transportation Division,

Flight Standards Service, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, D.C. 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) or the

Government Printing Office’s (GPO)

electronic bulletin board service ((202)

512–1661). Internet users may reach the

FAA’s web page at http://www.faa.gov/

avr/arm/nprm/nprm.htm 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) 267–9680.

Communications must identify the

notice number or 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 (SBREFA) of

1996 requires the FAA to comply with

small entity requests for information or

advice about compliance with statutes

and regulations within the FAA’s

jurisdiction. Therefore, any small entity

that has a question regarding this

document may contact its local FAA

official. Internet users can find

additional information on SBREFA on

the FAA’s web page at http://

www.faa.gov/avr/arm/sbrefa.htm and

send electronic inquiries to the

following Internet address:

9_AWA_SBREFA@faa.gov.

Background

The FAA is responsible for the safety

of flight in the United States and for the

safety of U.S.-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 in 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.

Since the failure of April 30, 2000,

peace talks sponsored by the

Organization of African Unity (OAU) in

Algiers, a border dispute between

Ethiopia and Eritrea that began in May

1998 has escalated again to the point

where open hostilities have begun.

Armed forces of both countries, which

include modern surface-to-air missile

systems and interceptor aircraft capable

of engaging aircraft at cruising altitudes,

are now engaged in hostilities near their

common border. Since war has broken

out, civil aircraft operating in the region

could be threatened.

Even in the event of a cease-fire, the

heightened state of readiness

maintained by the military forces of

Ethiopia poses an imminent threat to

civil aircraft operations in the area. Prior

to the most recent mobilization,

Ethiopian air defense forces had

maintained an already high state of

readiness during the cease-fire that

threatened civil aircraft operating in the

northern portion of Ethiopia. The

August 29, 1999, downing by Ethiopian

military forces of a U.S.-registered

Learjet operating in the area is evidence

of the seriousness of the threat. Ethiopia

has issued temporary Notices to Airmen

(NOTAM) closing certain routes in the

Addis Ababa Flight Information Region.

However, neither the Ethiopian CAA

nor the Ethiopian military has issued

formal warnings by NOTAM, in the

Ethiopian Aeronautical Information

Publication (AIP), or in some other

forum, of the potentially catastrophic

consequences of flying on routes

temporarily removed from service.

Further, Addis Ababa has rejected the

FAA’s recommendation to establish a

true ‘‘no fly’’ or ‘‘danger’’ zone. Also,

the FAA cannot assure that an adequate

level of coordination exists between

civil air traffic authorities and air

defense commanders for civil aircraft

overflight, including military rules of

engagement, in the event an aircraft

strays from its assigned route of flight.

Any lack of coordination could put

aircraft operating over northern Ethiopia

at risk of being misidentified by military

forces as a threat. Finally, there is no

assurance that Ethiopia will follow

international standards and

recommended practices for the

interception and identification of

unidentified aircraft in its airspace.

Given the circumstances noted above,

the FAA has determined that the safe

overflight of the territory of Ethiopia

north of 12 degrees north latitude

cannot be guaranteed.

Prohibition Against Certain Flights

Within the Territory and Airspace of

Ethiopia

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 and airmen

conducting flights in portions of the

territory and airspace of Ethiopia. I find

that the continuing lack of adequate

warnings to civil operators, the

heightened state of military readiness by

both Ethiopia and Eritrea, the renewal of

hostilities, and the absence of proper

civil aircraft identification procedures

present an immediate hazard to civil

aircraft operations in the referenced

airspace. Accordingly, I am prohibiting

all flight operations within the territory

and airspace of Ethiopia north of 12

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31215

degrees north latitude by any United

States air carrier or 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 will

prevent an undue hazard to aircraft and

would protect persons and property on

board those aircraft. SFAR 87 will

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

portions of the territory and airspace of

Ethiopia, 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 under 5 U.S.C. 553(d) for making

this rule effective 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.

International Trade Impact Assessment

There are currently no U.S. carriers

that would be expected to conduct

scheduled or codeshare operations in

the airspace of Ethiopia north of 12

degrees north latitude. This amendment

would 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.

Regulatory Analyses

This rulemaking action is 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 Paragraph 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 this

amendment. 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.

List of Subjects in 14 CFR Part 91

Air traffic control, Aircraft, Airmen,

Airports, Aviation safety, Freight,

Ethiopia.

The Amendment

For the reasons set forth above, the

Federal Aviation Administration

amends 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), 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).

2. Special Federal Aviation

Regulation (SFAR) No. 87 added to read

as follows:

Special Federal Aviation Regulation No.

87—Prohibition Against Certain Flights

Within the Territory and Airspace of

Ethiopia

1. Applicability. This Special Federal

Aviation Regulation (SFAR) No. 87 applies to

all U.S. air carriers or 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

paragraphs 3 and 4 of this SFAR, no person

described in paragraph 1 may conduct flight

operations within the territory and airspace

of Ethiopia north of 12 degrees north latitude.

3. Permitted operations. This SFAR does

not prohibit persons described in paragraph

1 from conducting flight operations within

the territory and airspace of Ethiopia where

such operations are authorized either by

exemption issued by the Administrator or by

an authorization issued 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 May 12,

2000.

Jane F. Garvey,

Administrator.

[FR Doc. 00–12369 Filed 5–12–00; 3:05 pm]

BILLING CODE 4910–13–P