[Federal Register: March 24, 2000 (Volume 65, Number 58)]
[Rules and Regulations]
[Page 16111-16112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr00-19]
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Part VIII
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91
Removal of the Prohibition Against Certain Flights Within the Territory
and Airspace of Serbia-Montenegro; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 29508; Special Federal Aviation Regulation (SFAR) No. 84]
Removal of the Prohibition Against Certain Flights Within the
Territory and Airspace of Serbia-Montenegro
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; removal.
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SUMMARY: This action removes Special Federal Aviation Regulation (SFAR)
No. 84, which prohibit flight operations within the territory and
airspace of Serbia-Montenegro 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 foreign air carriers, 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 taken because the
North Atlantic Treaty Organization (NATO) has ceased air strikes
against Serb forces in Serbia-Montenegro, which has reduced the threat
of hostile actions against persons and aircraft engaged in flight
operations within the airspace of Serbia-Montenegro.
EFFECTIVE DATE: March 24, 2000.
FOR FURTHER INFORMATION CONTACT: David Catey, Air Transportation
Division, Flight Standards Service, Federal Aviation Administration,
800 Independence Avenue, SW, Washington, DC 20591. Telephone: (202)
267-8166.
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 (telephone:
(703) 321-3339) or the Government Printing Office's (GPO) electronic
bulletin board service (telephone: (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's 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, Wasington, DC 20591, or by calling
(202) 267-9680. Communications must identify the 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 its jurisdiction. Therefore, any small entity that has a
question regarding this document may contact their 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 may send
electronic inquiries to the following Internet address: 9-AWA-
SBREFA@faa.gov.
Background
From March 21, 1999, through June 10, 1999, NATO conducted air
strikes against Serb military forces in Serbia-Montenegro. As a result,
the FAA determined that the potential for hostile action against U.S.
civil aircraft operating over the territory of Serbia-Montenegro
warranted a prohibition of flight in that region. Accordingly, in
exercising its statutory safety authority, the FAA issued a final rule
prohibiting certain U.S. civil aircraft operations within the territory
and airspace of Serbia-Montenegro. SFAR No. 84 prohibits flight
operations within the territory and airspace of Serbia-Montenegro by
any United States air carrier or commercial operator, by any person
exercising the privileges of an airman certificate issued by the FAA,
or by an operator using an aircraft registered in the United States
unless the operator of such aircraft is a foreign air carrier.
Following the cessation of NATO air strikes on June 10, 1999, there
has been a reduction in tensions. As a result, the FAA has determined
that the risk of hostile military action against civil aircraft by
armed elements in Serbia-Montenegro no longer exists. The FAA has
determined that the territory of Serbia-Montenegro can be safely
overflown by civil aircraft.
Regulatory Analyses
The FAA has determined that this action is not a ``significant
regulatory action'' under Executive Order 12866, nor is it considered a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979). Because this amendment removes a
restriction that is no longer warranted, the FAA finds that notice and
public procedure under 5 U.S.C. 553(b) are unnecessary. The FAA also
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.
Therefore, on the basis of the foregoing information, I have
determined that the immediate removal of SFAR 84 from 14 CFR Part 91 is
appropriate. The Department of State has been advised of, and has no
objection to, this action.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Serbia-Montenegro.
The Amendment
For the reasons set forth above, the Federal Aviation
Administration amends Part 91 of chapter I of title 14, of the Code of
Federal Regulations by removing SFAR 84 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), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506, 46507-47122, 47508, 47528-47531.
PART 91 [AMENDED]
2. Special Federal Aviation Regulation No. 84 is removed.
Issued in Washington, DC, on March 21, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-7340 Filed 3-23-00; 8:45 am]
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