[Federal Register: June 4, 2004 (Volume 69, Number 108)]
[Rules and Regulations]
[Page 31717-31719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn04-12]
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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 by Syrian Air Carriers to the
United States; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2004-17763; Special Federal Aviation Regulation (SFAR)
No. 104]
RIN 2120-AI34
Prohibition Against Certain Flights by Syrian Air Carriers to the
United States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action prohibits takeoffs from or landings in the
territory of the United States by any air carrier owned or controlled
by Syria when engaged in scheduled international air services, except
in the event of an emergency. This prohibition does not affect
overflights of the territory of the United States by such carriers.
This action is necessary to implement Executive Order 13338, which
mandates sanctions on certain operations to the United States by Syrian
air carriers.
DATES: SFAR 104 is effective on June 4, 2004. SFAR 104 will 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, DC 20591; telephone: (202)
267-3732; e-mail David.Catey@faa.gov.
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 S.W., 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
The FAA is responsible for the safety of flight in the United
States. 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)(1)(A) requires the Administrator to exercise her
authority consistently with the obligations of the United States
Government under an international agreement.
On May 11, 2004, the President of the United States issued
Executive Order 13338, Section 2 of which requires the Secretary of
Transportation to prohibit takeoffs from or landings in the territory
of the United States by any air carrier owned or controlled by Syria
when engaged in scheduled international air services. That section also
provides an exception for takeoffs and landings by such carriers in the
event of an emergency. The Executive Order permits overflights of
United States territory by such carriers, and charters conducted by
these carriers for official Syrian Government business that are
permitted by the Department of Transportation.
Executive Order 13338 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.), and the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003 (SAA).
In particular, the SAA authorizes the imposition of sanctions on Syria
until it ceases certain conduct, including its support of terrorist
groups, its efforts to develop weapons of mass destruction, and its
occupation of Lebanon. In imposing these sanctions on Syria, including
the flight prohibition described above, Executive Order 13338
specifically determines that Syria's conduct in these respects is
continuing and that it constitutes an unusual and extraordinary threat
to the national security, foreign policy and economy of the United
States.
A copy of Executive Order 13338 has been placed in the docket for
this rulemaking.
Prohibition Against Certain Flights by Syrian Air Carriers to the
United States
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 13338. Accordingly, I am
ordering a prohibition on the takeoff from and landing in the territory
of the United States by any air carrier owned or controlled by Syria
when engaged in scheduled international air services. This prohibition
does not affect overflights of U.S. territory by such carriers. An
exception from this flight prohibition is made for takeoffs and
landings in the territory of the United States by such carriers in the
event of an emergency. 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 49 U.S.C. 40105(b)(1)(A) to act consistently with the
obligations of the United States under international agreements.
The rule contains no expiration date, and will be terminated as
soon as the underlying legal requirements leading to its adoption are
removed.
Regulatory Evaluation
The potential cost of this regulation is limited to the net revenue
of scheduled international air services by air carriers owned or
controlled by Syria. However, pursuant to Executive Order 13338, the
Office of the Secretary of Transportation (OST) does not permit air
carriers owned or controlled by Syria from engaging in foreign air
transportation as defined in 49 U.S.C. 40102(a)(23). Accordingly, this
action will impose no additional burden on those 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
Pursuant to Executive Order 13338, the Office of the Secretary of
Transportation (OST) will not permit air carriers owned or controlled
by Syria to engage in foreign air transportation as
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defined in 49 U.S.C. 40102(a)(23). This SFAR does not impose any
restrictions on Syrian carriers engaged in foreign air transportation
beyond those imposed by OST. Therefore, the SFAR will not create a
competitive advantage or disadvantage for Syrian carriers 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 the Office of the Secretary of Transportation does not permit
air carriers owned or controlled by Syria from engaging in foreign air
transportation as defined in 49 U.S.C. 40102(a)(23), 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,
Freight, Syria.
The Amendment
0
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
0
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).
0
2. Add Special Federal Aviation Regulation (SFAR) No. 104 to Part 91 to
read as follows:
Special Federal Aviation Regulation No. 104--Prohibition Against
Certain Flights by Syrian Air Carriers to the United States
1. Applicability. This Special Federal Aviation Regulation
(SFAR) No. 104 applies to any air carrier owned or controlled by
Syria that is engaged in scheduled international air services.
2. Special flight restrictions. Except as provided in paragraphs
3 and 4 of this SFAR No. 104, no air carrier described in paragraph
1 may take off from or land in the territory of the United States.
3. Permitted operations. This SFAR does not prohibit overflights
of the territory of the United States by any air carrier described
in paragraph 1.
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 of any air carrier described in paragraph 1
may deviate from this SFAR to the extent required by that emergency.
Each person who deviates from this rule must, within 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 or the aircraft involved in the
deviation, including a description of the deviation and the reasons
therefor.
5. Duration. This SFAR No. 104 will remain in effect until
further notice.
Issued in Washington, DC, on May 28, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-12716 Filed 6-1-04; 3:20 pm]
BILLING CODE 4910-13-P