[Federal Register: November 19, 2003 (Volume 68, Number 223)]
[Rules and Regulations]
[Page 65381-65382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no03-20]
[[Page 65381]]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91
Prohibition Against Certain Flights Within the Territory and Airspace
of Iraq; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2003-14766; SFAR No. 77]
Prohibition Against Certain Flights Within the Territory and
Airspace of Iraq
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; amendment.
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SUMMARY: This action amends Special Federal Aviation Regulation (SFAR)
No. 77 to allow certain limited overflights of Iraq, subject to the
permission of the appropriate authorities in Iraq and in accordance
with the conditions established by those authorities. The United States
Government recently has determined that certain overflights may be
conducted safely.
EFFECTIVE DATE: November 19, 2003.
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://
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.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to comply with small entity requests for
information and advice about compliance 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.dot.gov.
Background
SFAR 77, which was issued October 16, 1996, prohibits flight
operations within the territory and airspace of Iraq by any United
States air carrier or commercial operator, by any person exercising the
privileges of an airman certificate issued by the FAA except persons
operating U.S.-registered aircraft for a foreign air carrier, or by a
person operating an aircraft registered in the United States unless the
operator of such aircraft is a foreign air carrier. The prohibition was
issued in response to concerns for the safety and security of flights
within the territory and airspace of Iraq. In the final rule, the FAA
cited a threat made by then President Saddam Hussein who urged his
country to ignore both the southern and northern no-fly zones and to
attack ``any air target of the aggressors.'' The FAA was concerned that
this threat could apply to civilian as well as military aircraft, and
therefore issued SFAR 77 without an expiration date.
The United States Government has determined that certain limited
overflights of Iraq now may be conducted safely. Therefore, the FAA is
amending SFAR 77 to permit overflights of Iraq above Flight Level 200.
This amendment also permits aircraft departing from countries adjacent
to Iraq to operate at altitudes below FL 200 within Iraq to the extent
necessary to permit a climb above FL 200 if the climb performance of
the aircraft will not permit operation above FL 200 prior to entering
Iraqi airspace. Both types of operations must be conducted with the
approval of, and in accordance with the conditions established by, the
appropriate authorities of Iraq.
Immediate Adoption
Because this action lifts a prohibition on certain overflights of
Iraq, 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.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Iraq.
The Amendment
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).
0
2. Revise paragraph 2 of Special Federal Aviation Regulation No. 77 to
read as follows:
Special Federal Aviation Regulation No. 77--Prohibition Against Certain
Flights Within the Territory and Airspace of Iraq
* * * * *
2. Flight prohibition. No person may conduct flight operations over
or within the territory of Iraq except as provided in paragraphs 3 and
4 of this SFAR or except as follows:
(a) Overflights of Iraq may be conducted above flight level (FL)
200 subject to the approval of, and in accordance with the conditions
established by, the appropriate authorities of Iraq.
(b) Flights departing from countries adjacent to Iraq whose climb
performance will not permit operation above FL 200 prior to entering
Iraqi airspace may operate at altitudes below FL 200 within Iraq to the
extent necessary to permit a climb above FL 200, subject to the
approval of, and in accordance with the conditions established by, the
appropriate authorities of Iraq.
(c) [Reserved]
* * * * *
Issued in Washington, DC, on November 13, 2003.
Marion C. Blakely,
Administrator.
[FR Doc. 03-28885 Filed 11-18-03; 8:45 am]
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