CAA: GA News, "Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC Metropolitan Area Special Flight Rules Area"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Wednesday, February 20, 2002

Enhanced Security Procedures for Operations at Certain Airports in the
Washington, DC Metropolitan Area Special Flight Rules Area
The Federal Register


DEPARTMENT OF TRANSPORTATION 14 CFR Part 91 [Docket No. FAA-2002-11580;
SFAR 94] RIN 2120-AH62 Enhanced Security Procedures for Operations at
Certain Airports in the Washington, DC Metropolitan Area Special Flight
Rules Area 

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, request for comments.

SUMMARY: This action requires any person operating an aircraft to or
from College Park Airport (CGS), Potomac Airfield (VKX), and Washington
Executive/Hyde Field (W32) to conduct those operations in accordance
with security procedures approved by the Administrator. Operations under
14 CFR part 91 have been prohibited at these airports as a result of
Notices to Airmen (NOTAMs) issued after September 11, 2001. This action
is being taken to restore aircraft operations at these airports while
attempting to counter possible terrorist threats to the National Capital
region.

DATES: This action is effective February 13, 2002, and shall remain in
effect until February 13, 2003. Submit comments by April 22, 2002.

ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW,
Washington, DC 20590. You must identify the docket number FAA-2002-11580
at the beginning of your comments, and you should submit two copies of
your comments. If you wish to receive confirmation that the FAA received
your comments, include a self-addressed, stamped postcard. You may also
submit comments through the Internet to http://dms.dot.gov.

You may review the public docket containing comments to these
regulations in person in the Dockets Office between 9:00 a.m. and
5:00p.m., Monday through Friday, except Federal holidays. The Dockets
Office is on the plaza level of the NASSIF Building at the Department of
Transportation at the above address. You may also review public dockets
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Questions on this rulemaking: Bruce
Landry, ACP-200, Office of Civil Aviation Security Policy and Planning,
Federal Aviation Administration, 800 Independence Avenue, SW,
Washington, DC 20591; telephone (202) 267-8320.

Questions on security procedures and obtaining security procedure
approval or waivers: Washington Civil Aviation Security Field Office
(WAS CASFO), Washington Dulles International Airport, 45005 Aviation
Drive Suite 110, Washington, DC 20166; telephone (703) 661-6070. You can
also find guidance on drafting security procedures at
http://cas.faa.gov/usa.html.

SUPPLEMENTARY INFORMATION:

Comments Invited This final rule is being adopted without prior notice
and prior public comment. The Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 1134; Feb 26, 1979) provide
that, to the maximum extent possible, operating administrations for the
DOT should provide an opportunity for public comment on regulations
issued without notice. Accordingly, interested persons are invited to
participate in the rulemaking by submitting written data, views, or
arguments. Comments relating to the environmental, energy, federalism,
or economic impact that might result from this amendment also are
invited. Comments must include the docket number or amendment number and
must be submitted in duplicate to the address above. All comments
received, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking, will be filed in
the public docket. The docket is available for public inspection before
and after the comment closing date.

The FAA will consider all comments received on or before the closing
date for comments. Late-filed comments will be considered to the extent
practicable. The final rule may be amended in light of the comments
received.

See ADDRESSES above for information on how to submit comments.

Availability of This Action You can get an electronic copy using the
Internet by taking the following steps:

(1) Go to search function of the Department of Transportation's
electronic Docket Management System (DMS) Web page
(http://dms.dot.gov/search).

(2) On the search page type in the last five digits of the docket number
shown at the beginning of this document. Click on "search." (3) On the
next page, which contains the docket summary information for the Docket
you selected, click on the final rule.

You can also get an electronic copy using the Internet through FAA's web
page at http://www.faa.gov/avr/armhome.htm or the Government Printing
Office's web page at http://www.access.gpo.gov/su-
docs/aces/aces140html.

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. Be sure to
identify the amendment number or docket number of this final rule.

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 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@xxxxxxxx

Background After the September 11, 2001, terrorist attacks against four
U.S. commercial aircraft resulting in the tragic loss of human life at
the World Trade Center, the Pentagon, and in southwest Pennsylvania, the
FAA immediately prohibited all aircraft operations within the
territorial airspace of the United States, with the exception of certain
military, law enforcement, and emergency related aircraft operations.
This general prohibition was lifted in part on September 13, 2001. In
the Washington, DC Metropolitan area, however, aircraft operations
remained prohibited at all civil airports within a 25-nautical mile
radius of the Washington (DCA) VOR/DME. This action was accomplished
through emergency air traffic rules issued pursuant to title 14, Code of
Federal Regulations (14 CFR) 91.139 and the implementation of temporary
flight restrictions (TFRs) issued pursuant to 14 CFR 91.137.

On October 4, 2001, limited air carrier operations were permitted to
resume at Ronald Reagan Washington National Airport (DCA). On October 5,
2001, the FAA issued NOTAM 1/0989, which authorized instrument flight
rules (IFR) operations and limited visual flight rules (VFR) operations
within an 18 to 25 nautical mile radius from the DCA VOR/DME in
accordance with emergency air traffic rules issued under 14 CFR 91.139.
Exceptions to the restrictions affecting part 91 operations in the
Washington, DC area issued since September 11th were made to permit the
repositioning of aircraft from airports within the area of the TFR and
to permit certain operations conducted under waivers issued by the FAA.

On December 19, 2001, the FAA canceled NOTAM 1/0989 and issued NOTAM
1/3354 that set forth special security instructions under 14 CFR 99.7
and created a new TFR under 14 CFR 91.137. That action significantly
decreased the size of the area subject to the earlier prohibitions on
part 91 operations in the Washington, DC area and permitted operations
at Freeway (W00), Maryland (2W5), and Suburban (W18) airports. At the
same time, the FAA eliminated all "enhanced Class B airspace flight
restrictions" Enhanced Class B airspace consisted of that airspace
underlying and overlying Class B airspace from the surface to flight
level 180. The associated rules and/or the services prescribed for Class
B airspace and the underlying/overlying airspace were not changed by the
imposition or elimination of Enhanced Class B airspace flight
restrictions.

Although many of the restrictions on operations in the Washington, DC
area have been eliminated, NOTAM 1/3354 continues to prohibit aircraft
operations under part 91 at College Park Airport, Potomac Airfield, and
Washington Executive/Hyde Field. In 2000, approximately 89,000 part
91operations were conducted from these airports. The current
restrictions have caused significant economic hardship for these airport
operators, aircraft owners and operators based at the airports, and
businesses located on, or dependent upon, the continued operation of the
airports. These operational restrictions have remained in effect longer
than the restrictions imposed in other areas because of the proximity of
the airports to the significant number of critical government assets in
the National Capital region and the continuing threat to that area.

After discussions with the National Security Council, the United States
Secret Service, the Department of Defense, and the Office of Homeland
Security, it was determined that national security concerns regarding
operations at College Park Airport, Potomac Airfield, and Washington
Executive/Hyde Field could be addressed by permitting operations at
these airports in accordance with the air traffic and security
procedures set forth in this SFAR. Applying the restrictions in this
SFAR to operations to or from these airports will help to protect
critical national assets against an airborne threat while permitting the
resumption of operations at these airports. This action is taken in
accordance with the Administrator's statutory mandate found in section
44701(a)(5) of Title 49, United States Code (49 U.S.C.) to promote the
safe flight of civil aircraft in air commerce by prescribing regulations
and minimum standards necessary for safety in air commerce and national
security.

Justification for Emergency Final Rule Because flight operations at
airports affected by this SFAR have been prohibited since September 11,
2001, and in recognition of the need to restore operations at these
airports in a manner that responds to the current security threat, the
FAA is adopting this SFAR as an emergency final rule pursuant to section
553 of the Administrative Procedures Act (APA). Section 553(b)(B) of the
APA permits an agency to forego notice and comment rulemaking when "the
agency for good cause finds * * * that notice and public procedures
thereon are impracticable, unnecessary or contrary to the public
interest." The FAA finds that the use of notice and public procedures
for this SFAR is impracticable and contrary to the public interest. The
use of notice and comment procedures prior to issuing this final rule
would only delay the relief provided by this SFAR to airport operators,
aircraft operators, and businesses affected by the prohibition on
operations at the affected airports. A delay would significantly
increase the economic burden on persons conducting operations that have
been prohibited under previous actions enacted without notice and public
comment and possibly result in the permanent closure of affected
airports. As previously noted, however, the FAA is requesting comments
on this SFAR and may modify the rule in response to these comments.

Discussion Affected Airports and Operations This SFAR requires each
person operating an aircraft to or from College Park Airport (CGS),
Potomac Airfield (VKX), and Washington Executive/Hyde Field (W32) to
comply with specified air traffic procedures and security procedures
approved by the Administrator. As a general operating rule, its
provisions apply to any person operating an aircraft to or from one of
these airports. It affects all aircraft operations at these airports,
including those conducted under 14 CFR part 91, those for which an air
carrier or an operating certificate may be issued under 14 CFR part 119
(14 CFR parts 121, 125, and 135), and those which may be conducted under
part 129, 133, or 137.

The provisions of this rule do not apply to the operation of ultralight
vehicles, which must be conducted in accordance with 14 CFR part 103.
Part 103 contains prohibitions on the operation of ultralight vehicles
in certain airspace, including both prohibited and restricted areas, and
other areas designated by NOTAM. Operators of ultralight vehicles should
review current NOTAMs to determine the status of ultralight operations
at these airports and within the special flight rules area.

Although the FAA considered including operations to or from other
airports within the Washington, DC Metropolitan Area Special Flight
Rules Area under the provisions of this rule, only operations to or from
the three airports specified in this SFAR are subject to its provisions.
The FAA intends to specifically address air traffic and security
procedures for part 91 operations at other airports within the
Washington, DC Metropolitan Area Special Flight Rules Area in future
actions.

In formulating this rule, the FAA considered retaining the current
prohibition on operations to and from these airports and permitting
operations at these airports with operational restrictions more
stringent than those imposed by this rule. The FAA has determined,
however, that it is inappropriate and unnecessary to continue the
current prohibition on operations at these airports, and that the costs
of imposing more restrictive measures on such operations would far
outweigh any potential benefits.

Definitions For the purpose of this rule, the FAA defines the terms
"Administrator" and "Washington, DC Metropolitan Area Special Flight
Rules Area." The definition of "Administrator" is similar to the
definition of "Administrator" contained in 14 CFR 1.1. The definition
includes a reference to the Under Secretary of Transportation for
Security, which clarifies that the Under Secretary may also take any of
those actions that may be taken by the Administrator under this rule.

The SFAR also defines the Washington, DC Metropolitan Area Special
Flight Rules Area. The airspace defined as the Washington, DC
Metropolitan Area Special Flight Rules Area generally approximates an
area that varies in distance from 13-to-15 nautical miles from the
Washington (DCA) VOR/DME (with specific exclusions to permit operations
at Freeway airport (W00) and a VFR corridor between Washington and
Baltimore).


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