83 FR 54278 - Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan; Withdrawal

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 209 (October 29, 2018)

The Federal Aviation Administration (FAA) is withdrawing a previously published notice of proposed rulemaking that proposed to restrict U.S. civil flight operations below flight level (FL) 160 within the territory and airspace of Afghanistan.

[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Proposed Rules]
[Pages 54278-54279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2010-0289; SFAR No. 110]
RIN 2120-AJ69


Prohibition Against Certain Flights Within the Territory and 
Airspace of Afghanistan; Withdrawal

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Federal Aviation Administration (FAA) is withdrawing a 
previously published notice of proposed rulemaking that proposed to 
restrict U.S. civil flight operations below flight level (FL) 160 
within the territory and airspace of Afghanistan.

DATES: The notice of proposed rulemaking published on May 26, 2010 (75 
FR 29466) is withdrawn as of October 29, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Filippell, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
8166; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 2010, the FAA published a notice of proposed rulemaking 
(NPRM) titled ``Prohibition against Certain Flights within the 
Territory and Airspace of Afghanistan'' (75 FR 29466). The NPRM 
proposed to restrict U.S. civil flight operations below FL 160 within 
the territory and airspace of Afghanistan, unless the operations are 
authorized by another U.S. Government department or agency (hereinafter 
referred to as ``department or agency'') and approved by the FAA, or 
subject to an exemption granted by the FAA. The preamble to the NPRM 
explained the process for a department or agency to apply for FAA 
approval for operations to be conducted under contract to that 
department or agency and for operators to apply for exemption.
    The situation in Afghanistan presented a unique environment 
relative to other situations where the FAA had imposed similar 
regulations to address the safety of U.S. operators while in foreign 
territories and airspace. The presence of the U.S. military forces in 
Afghanistan had required a large presence of U.S. civil aircraft 
operations to support the warfighting, nation building, and 
humanitarian efforts. The level of these operations occurring in 
Afghanistan warranted the FAA to provide notice of the proposed 
regulation to limit flight in this area and a limited opportunity for 
comment from operators or other individuals that might have been 
affected by such action. The FAA found that good cause existed to limit 
the notice and public comment period required by 5 U.S.C. 553(d)(3) to 
15 days. The comment period closed on June 10, 2010.

Discussion of Comments Received

    The FAA received 22 submissions containing multiple comments from 
air carriers, associations, labor organizations, humanitarian 
organizations, and individuals. All of the commenters acknowledged the 
risks associated with conducting aviation operations in Afghanistan. 
Several commenters fully supported the provisions in the NPRM, while 
others requested clarification of certain elements in the proposal. The 
majority of commenters, however, asserted that the proposed rule would 
place unnecessary restrictions and burdens on U.S. civil aviation 
operations in Afghanistan. They contended that the proposed rule would 
result in an adverse economic impact for U.S. operators and limit their 
ability to support the ongoing U.S. military activities, nation 
building, and humanitarian efforts.
    Following publication of the NPRM, several commenters, including 
Kalitta Air, Pactec International, and Atlas Air Worldwide Holdings 
submitted comments that questioned the FAA's determination of the costs 
of implementing the NPRM if adopted as proposed. Kalitta Air 
specifically requested that the FAA complete a regulatory impact 
analysis to accurately account for the costs associated with the 
proposal. In response, the FAA published a Supplemental Regulatory 
Flexibility Analysis on July 20, 2010 (75 FR 42015) for a 15-day 
comment period that closed on August 4, 2010. No comments were 
submitted to the supplemental regulatory flexibility analysis.

Conclusion

    After considering the comments, the FAA has determined the unique 
environment in Afghanistan continues. There is no scheduled U.S. air 
service in Afghanistan, and the only operations by U.S. operators or 
airmen currently conducted there are in support of U.S. Government 
activities. Additionally, the

[[Page 54279]]

FAA has issued an advisory notice to airmen (NOTAM KICZ A0031/17) 
advising U.S. operators in Afghanistan airspace to operate, to the 
maximum extent possible, only on established air routes and at 
altitudes at or above FL 330 due to the risk to civil aviation.
    Accordingly, the FAA has decided to withdraw this proposal. 
Withdrawal of proposed SFAR No. 110 does not preclude the FAA from 
issuing another notice on this subject matter in the future and does 
not commit the agency to any future course of action. The FAA continues 
to assess the circumstances in Afghanistan and intends to take action 
as appropriate to mitigate risks to aviation safety.
    The FAA withdraws Notice No. 2010-12670, published at 75 FR 29466 
on May 26, 2010.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f) and (g), 40101(d)(1), 40105(b)(1), and 44701(a)(5), on 
October 16, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.
[FR Doc. 2018-23400 Filed 10-26-18; 8:45 am]
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