28476 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 26903; Special Federal Aviation

Regulation (SFAR) No. 66–2]

RIN 2120–AF72

Prohibition Against Certain Flights

Between the United States and the

Federal Republic of Yugoslavia (Serbia

and Montenegro)

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This final rule replaces the

flight prohibition implemented by the

FAA in SFAR 66–1, which was made

effective on August 26, 1993, and

expired on August 26, 1994. This action

prohibits 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 Federal Republic of

Yugoslavia (Serbia and Montenegro).

This action further 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 Serbia

and Montenegro. Exceptions are made

for particular flights approved by the

United States Government and for

certain emergency operations. This

action is necessary to implement

Executive Order 12810 (1992) and UN

Security Council Resolution 757 (1992)

mandating an embargo of air traffic with

Serbia and Montenegro.

DATES: Effective date. The removal of

SFARs 66 and the addition of SFAR 66–

2 are effective May 31, 1995. Expiration

date. SFAR 66–2 expires June 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Mark W. Bury, International Affairs and

Legal Policy Staff, AGC–7, Office of the

Chief Counsel, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: 202–267–3515.

SUPPLEMENTARY INFORMATION:

Availability of Document

Any person may obtain a copy of this

document by submitting a request to the

Federal Aviation Administration, Office

of Public Affairs, Public Inquiry Center,

APA–230, 800 Independence Avenue

SW., Washington, DC 20591, or by

calling 202–267–3484. Communications

must identify the number of this SFAR.

Persons interested in being placed on a

mailing list for future rules should also

request a copy of the Advisory Circular

No. 11–2A, which describes the

application procedure.

Background

The FAA is responsible for the safety

of flight in the United States and the

safety of U.S.-registered aircraft and U.S.

operators throughout the world. Section

40101(d)(1) of Title 49, United States

Code, requires the Administrator of the

FAA to consider the regulation of air

commerce in a manner that best

promotes safety and fulfills the

requirements of national security as

being in the public interest. In addition,

49 U.S.C. 40105(b)(A) requires the

Administrator to exercise his authority

consistently with the obligations of the

United States Government under an

international agreement.

One such international agreement is

the Charter of the United Nations (the

Charter) (59 Stat. 1031; 3 Bevans 1153

(1945)). Under Article 25 of the Charter,

‘‘the members of the Untied Nations

agree to accept and carry out the

decision of the Security Council in

accordance with the present Charter.’’

Article 48(1) of the Charter further

provides, in pertinent part, that ‘‘[t]he

action required to carry out the

decisions of the Security Council for the

maintenance of international peace and

security shall be taken by all members

of the United Nations. * * *’’

On May 30, 1992, acting under

Chapter VII of the Charter, the Security

Council adopted Resolution 757,

mandating an embargo of certain air

traffic with Serbia and Montenegro.

Paragraph 7(a) of Resolution 757

requires all states to deny permission to

any aircraft to take off from, land in, or

overfly their territory if the aircraft is

destined to land in or has taken off from

the territory of Serbia and Montenegro.

An exception to this prohibition is made

for flights that have been approved on

the grounds of urgent humanitarian

need by the Security Council Committee

established by Security Council

Resolution 724 (1991).

The United States Government has

taken several actions to restrict air

transportation between the United

States, Serbia and Montenegro in

accordance with Security Council

Resolution 757. Section 2(d) of

Executive Order 12810, issued by the

President on June 5, 1992, prohibits

‘‘[a]ny transaction by a United States

person, or involving the use of U.S.-

registered vessels and aircraft, relating

to transportation to or from the Federal

Republic of Yugoslavia (Serbia and

Montenegro) * * * 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 the Federal

Republic of Yugoslavia (Serbia and

Montenegro).’’ Section 2(e) of the

Executive Order further 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 the Federal Republic of

Yugoslavia (Serbia and Montenegro).

Executive Order 12810 cites 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 (49 U.S.C. app. 1514), Section

301 of Title 3, United States Code (3

U.S.C. 301), and Section 5 of the United

Nations Participation Act of 1945, as

amended (22 U.S.C. 287(c)). In

particular, the United Nations

Participation Act provides that:

Notwithstanding the provisions of any

other law, whenever the United States is

called upon by the [UN] Security Council to

apply measures which said Council has

decided * * * to be employed to give effect

to its decisions under the [United Nations]

Charter, the President may, to the extent

necessary to apply such measures, through

any agency which he may designate, and

under such orders, rules, or regulations as

may be prescribed by him, investigate,

regulate, and prohibit, in whole or in part,

economic relations of rail, sea, [and] air

* * * between any foreign country or to any

nation thereof or any person therein and the

United States or any person subject to the

jurisdiction thereof. * * *

On June 12, 1992, the Office of the

Secretary of Transportation issued

Order 92–6–27, which implements

Executive Order 12810 by amending all

Department of Transportation (DOT)

certificates issued under Section 401 of

the Act, all permits issued under

Section 402 of the Act, and all

exemptions from Section 401 and 402

accordingly.

On June 23, 1992, the FAA published

SFAR 66, prohibiting 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 the

Serbia and Montenegro (57 FR 28031).

SFAR 66 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

Serbia and Montenegro. After SFAR 66

expired on June 19, 1993, the FAA

reinstated the prohibition against

certain flights between the United States

and the Serbia and Montenegro through
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28477

the issuance of SFAR 66–1 (58 FR

45220). SFAR No. 66–1 became effective

on August 26, 1993, and expired on

August 26, 1994.

Copies of Resolution 757 of the

United National Security Council,

Executive Order 12810, and DOT Order

92–6–27, all of which remain in effect,

have been placed in the docket for this

rulemaking.

Prohibition Against Certain Flights

Between the United States, Serbia and

Montenegro

On the basis of the above, and in

support of the Executive Order of the

President of the United States, I find

that immediate action by the FAA is

required to implement Executive Order

12810 and to meet the obligations of the

United States under international law as

evidenced by U.N. Security Council

Resolution No. 757. Accordingly, I am

ordering a prohibition on the takeoff

from, landing in, or overflight of the

territory of the United States by an

aircraft on a flight that has Serbia and

Montenegro as its origin or ultimate

destination. Operations approved by the

United States Government for approved

purposes and certain emergency

operations shall be expected from this

prohibition. For the reasons stated

above, I also 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 publication. I also

find that this action is fully consistent

with my obligations under section

1102(a) of the Federal Aviation Act to

ensure that I exercise my duties

consistently with the obligations of the

United States under international

agreements.

The rule contains an expiration date

of June 2, 1997 but may be terminated

sooner or extended through the

publication of a corresponding

document if circumstances so warrant.

Regulatory Evaluation

The potential cost of this regulation is

limited to the net revenue of

commercial flights between the United

States, Serbia and Montenegro and the

cost of having to circumnavigate the

territory by U.S.-registered aircraft.

Revenue flights to Serbia and

Montenegro are currently prohibited by

DOT Order 92–6–27, and the FAA is

unaware of any U.S.-registered private

aircraft currently operating over Serbia

and Montenegro. Accordingly, this

action will impose no additional burden

on commercial or private operators.

Paperwork Reduction Act

This rule contains no information

collection requests requiring approval of

the Office of Management and Budget

pursuant to the Paperwork Reduction

Act (44 U.S.C. 3507 et seq.).

International Trade Impact Assessment

DOT Order 92–6–27 prohibits U.S.

and foreign air carriers from engaging in

the sale of air transportation to or from

Serbia and Montenegro. This SFAR does

not impose any restrictions on

commercial carriers beyond those

imposed by the DOT Order. Therfore,

the SFAR will not create a competitive

advantage or disadvantage for foreign

companies in the sale of aviation

products or services in the United

States, nor for domestic firms in the sale

of aviation products or services in

foreign countries.

Federalism Determination

The amendment set forth herein will

not have substantial direct effects on the

states, on the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612

(52 FR 4168; October 30, 1987), it is

determined that this regulation does not

have federalism implications warranting

the preparation of a Federalism

Assessment.

Conclusion

For the reasons set forth above, the

FAA has determined that this action is

not a ‘‘significant regulatory action’’

under Executive Order 12866. This

action is considered a ‘‘significant rule’’

under DOT Regulatory Policies and

Procedures (44 FR 11034; February 26,

1979). Because revenue flights to Serbia

and Montenegro are already prohibited

by DOT Order 92–6–27, the FAA

certifies that this rule will not have a

significant economic impact, positive or

negative, on a substantial number of

small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 91

Aircraft, Airmen, Airports, Air traffic

control, Aviation safety, Federal

Republic of Yugoslavia, Freight,

Montenegro, Serbia.

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 U.S.C. app. 1301(7), 1303,

1344, 1348, 1352 through 1355, 1401, 1421

through 1431, 1471, 1472, 1502, 1510, 1522,

and 2121 through 2125; Articles 12, 29, 31,

and 32(a) of the Convention on International

Civil Aviation (61 Stat. 1180); 42 U.S.C. 4321

et seq.; E.O. 11514, 35 FR 4247, 3 CFR, 1966–

1970 Comp., p. 902; 49 U.S.C. 106(g).

2. SFAR 66 which expired June 19,

1993, and SFAR 66 which expired

August 26, 1994, are removed.

3. Special Federal Aviation

Regulation (SFAR) No. 66–2 is added to

read as follows:

Special Federal Aviation Regulation

No. 66–2—Prohibition Against Certain

Flights between the United States and

the Federal Republic of Yugoslavia

(Serbia and Montenegro)

1. Applicability. This Special Federal

Aviation Regulation (SFAR) applies to

all aircraft operations originating from,

destined to land in, or overflying the

territory of the United States.

2. Special flight restrictions. Except as

provided in paragraphs 3 and 4 of this

SFAR No. 66–2—

(a) No person shall operate an aircraft

from any point in the United States to

any point in the Federal Republic of

Yugoslavia (Serbia and Montenegro)

(hereinafter ‘‘Serbia and Montenegro’’),

a flight having any intermediate or

ultimate destination in Serbia and

Montenegro, or a flight that includes a

landing at any point in Serbia and

Montenegro in its intended itinerary;

(b) No person shall operate an aircraft

to any point in the United States from

any point in Serbia and Montenegro, or

a flight from any intermediate point of

departure where the origin of the flight

is in Serbia and Montenegro, or a flight

that includes a departure from any point

in Serbia and Montenegro in its

intended itinerary; or

(c) No person shall operate an aircraft

over the territory of the United States if

that aircraft’s flight itinerary includes

any landing at or departure from any

point in Serbia and Montenegro.

3. Permitted operations. This SFAR

shall not prohibit the flight operations

between the United States, Serbia and

Montenegro described in section 2 of

this SFAR by an aircraft authorized to

conduct such operations by the United

States Government.

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
28478 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

the extent required by that emergency.

Any deviation required by an

emergency shall be reported as soon as

possible to the air traffic control facility

having jurisdiction.

5. Expiration. This Special Federal

Aviation Regulation expires June 2,

1997.

Issued in Washington, DC, on May 23,

1995.

David R. Hinson,

Administrator.

[FR Doc. 95–13131 Filed 5–30–95; 8:45 am]

BILLING CODE 4910–13–M