[JYO] Special Awareness Training for the Washington, DC Metropolitan Area
- From: FlyboyEd@xxxxxxx
- To: jyo@xxxxxxxxxxxxx
- Date: Thu, 6 Jul 2006 14:48:05 EDT
4910-13
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2006-25250; Notice No. 06-08]
RIN 2120-AI63
Special Awareness Training for the Washington, DC Metropolitan Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: This proposed rule would require special awareness training for
any person who flies under visual flight rules (VFR) within 100 nautical
miles
of the Washington, DC VHF omni-directional range/distance measuring
equipment (DCA VOR/DME). This training program is provided by the FAA on its
website and focuses primarily on training pilots on the procedures for flying
in
and around the Washington, DC Metropolitan Area Defense Identification Zone
(ADIZ) and the Washington, DC Metropolitan Area Flight Restricted Zone (FRZ).
The intended effect of this proposed rule is to reduce the number of
unauthorized flights into the airspace of the Washington, DC Metropolitan
Area ADIZ
and FRZ through education of the pilot community.
DATES: Comments must be received on or before [insert date 60 days from
publication in the Federal Register]. See the note in the âComments
Invitedâ
section under SUPPLEMENTARY INFORMATION.
ADDRESSES: You may send comments identified by docket number using any of
the following methods:
* DOT Docket web site: Go to _http://dms.dot.gov_
(http://dms.dot.gov/) and follow the instructions for sending your comments
electronically.
* Mail: Docket Management Facility; US Department of Transportation,
400 Seventh Street, S.W., Nassif Building, Room PL-401, Washington, DC
20590-0001.
* Fax: 1-202-493-2251.
* Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, S.W., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
_http://dms.dot.gov_ (http://dms.dot.gov/) , including any personal
information you
provide. For more information, see the Privacy Act discussion in the
SUPPLEMENTARY INFORMATION section of this document.
Docket: To read background documents or comments received, go to
_http://dms.dot.gov_ (http://dms.dot.gov/) at any time or to Room PL-401 on
the plaza
level of the Nassif Building, 400 Seventh Street, S.W., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and General
Aviation Operations Branch, AFS-810, General Aviation and Commercial
Division, Flight Standards Service, Federal Aviation Administration, 800
Independence
Avenue, SW, Washington, DC 20591; telephone: (202) 267â3844 or (202)
267-8212; e-mail address: john.d.lynch@xxxxxxxx
SUPPLEMENTARY INFORMATION:
Comments Invited
Note: On August 4, 2005, the FAA proposed to codify current flight
restrictions for certain aircraft operations in the Washington, DC,
metropolitan area
(70 FR 45250; Aug. 4, 2005). The comment period for that proposed rule
closed on February 6, 2006. Todayâs NPRM is a separate action that would
require
special awareness training for any person who flies under visual flight
rules (VFR) within 100 nautical miles of the Washington, DC VHF
omni-directional
range/distance measuring equipment (DCA VOR/DME). If the FAA receives
comments on the August 4, 2005, proposal in response to this special awareness
training NPRM, those comments will be treated as outside the scope of this
rulemaking.
The FAA invites interested persons to participate in this proposed
rulemaking by submitting written comments, data, or views. We also invite
comments
relating to the economic, environmental, energy, or federalism impacts that
might result from adopting as final the requirements in this interim rule. The
most helpful comments reference a specific portion of the rule, explain the
reason for any recommended change, and include supporting data. We ask that
you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a report
summarizing each substantive public contact with FAA personnel concerning this
interim rulemaking. The docket is available for public inspection before and
after the comment closing date. If you wish to review the docket in person,
go to the address in the ADDRESSES section of this preamble between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays. You may also
review the docket using the Internet at the web address in the ADDRESSES
section.
Privacy Act: Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including the
name of the individual sending the comment (or signing the comment on behalf
of
an association, business, labor union, etc.). You may review DOT's complete
Privacy Act Statement in the Federal Register of April 11, 2000 (65 FR
19477-78) or you may visit _http://dms.dot.gov_ (http://dms.dot.gov/) .
Before acting on this proposal, we will consider all comments we receive on
or before the closing date for comments. We will consider comments filed
late if it is possible to do so without incurring expense or delay. We may
change this proposed rule in light of the comments we receive.
If you want the FAA to acknowledge receipt of your comments on this proposed
rule, include with your comments a pre-addressed, stamped postcard on which
the docket number appears. We will stamp the date on the postcard and mail
it to you.
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 FAAâs Regulations and Policies web page at http:/
/www.faa.gov/regulations_policies; or
(3) Accessing the Government Printing Officeâs web page at
http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending 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 docket
number, notice number, or amendment number of this rulemaking.
Authority for This Rulemaking
The Department of Transportation (DOT) has the responsibility, under the
laws of the United States, to develop transportation policies and programs
that
contribute to providing fast, safe, efficient, and convenient transportation
(49 U.S.C. 101). The FAA is an agency of DOT. The Administrator of the FAA
has broad authority to regulate the safe and efficient use of the navigable
airspace (49 U.S.C. 40103). The Administrator also is authorized to issue
air traffic rules and regulations to govern the flight of aircraft, the
navigation, protection and identification of aircraft for the protection of
persons
and property on the ground, and for the efficient use of navigable airspace.
Additionally, pursuant to 49 U.S.C. 40103(b)(3) the Administrator has the
authority, in consultation with the Secretary of Defense, to âestablish
security provisions that will encourage and allow maximum use of the navigable
airspace by civil aircraft consistent with national security.â
Background
In February 2003, the FAA, in consultation with the Department of Homeland
Security and other Federal agencies, implemented a system of airspace control
measures to protect against a potential threat to the Washington, DC
Metropolitan Area. The dimensions of this protected airspace were determined
after
considering such factors as the speed of likely suspect aircraft, minimum
launch time and the speed of intercept aircraft. After extensive
coordination
among Federal agencies, two airspace areas were implemented. The outer area,
which closely mimics the current Washington Tri-area Class B airspace, is
called an Air Defense Identification Zone (ADIZ) and requires identification of
all flight operations within the airspace in order to ensure the security of
protected ground assets. The inner and critical security area, called a
Flight Restricted Zone (FRZ) is an approximate 15-nautical mile radius around
the Washington VHF omni-directional range/distance measuring equipment (DCA
VOR/DME) (38-51-07.512N/077-02-15.763W) where more stringent access procedures
apply. The Washington, DC Metropolitan Area FRZ is part of the Washington,
DC Metropolitan Area ADIZ.
Since its creation, there have been over 1,000 unauthorized flights (i.e.,
incursions) within the Washington, DC Metropolitan Area ADIZ. A few of these
flights came so close to the Capitol and the White House that evacuation of
these buildings and other Federal office buildings was required. Although all
of the incursions were eventually determined to be inadvertent in nature,
each incursion places an unnecessary burden on Federal, state, and local law
enforcement resources. For instance, when an unauthorized aircraft penetrates
restricted airspace, the FAAâs air traffic controllers must divert necessary
resources to monitor the aircraftâs flight, alert security operations, and
communicate information about the aircraft to appropriate military and law
enforcement agencies. Several branches of the Federal government, military and
local law enforcement are forced to respond to the situation and needlessly
expend effort in a situation that ultimately is determined not to have been a
threat to our national security. The FAA is very concerned about these
incursions. Recently, there have been several incidents where civilian
aircraft
have been intercepted by U.S. Customs Service helicopters and U.S. Air Force
fighter airplanes for inadvertent flights within Washington, DC Metropolitan
Area ADIZ.
In addition to the Washington, DC Metropolitan Area ADIZ, other Temporary
Flight Restriction (TFR) areas have been established and continue to be
established over certain cities and sensitive sites throughout the country.
And,
like the DC Metropolitan Area ADIZ, there have been inadvertent incursions
into
TFR airspace. The training required under this rulemaking will include
information on not only the restricted airspace in the Washington, DC
Metropolitan
Area, but also restricted airspace throughout the country. In future FAA
initiatives, we intend to increase all U.S. registered airmenâs awareness
and
knowledge in flight operations and procedures in and around restricted
airspace through modifying the content of our practical test standards, flight
reviews, pilot proficiency checks, flight instructor renewals, and instrument
proficiency checks.
Discussion of This Proposed Rule
The FAA is proposing to amend 14 CFR part 91 by adding a new  91.161.
Under the proposed rule, prior to flying Visual Flight Rules (VFR) within a
radius of 100 nautical miles of the DCA VOR/DME, a pilot must have completed
the
Special Awareness Training for the Washington, DC Metropolitan Area. The FAA
would require compliance 180 days from publication of the final rule. The
training, which is currently available online through the FAA Safety website,
focuses on how to avoid or operate safely within the Washington, DC
Metropolitan Area ADIZ, Washington, DC Metropolitan Area FRZ, and special
use/restricted
airspace.
We believe that through training, the number of inadvertent incursions into
the Washington, DC Metropolitan Area ADIZ could be reduced. According to the
United States Government Accountability Officeâs (GAO) testimony before the
U.S. House of Representativesâ Committee on Government Reform (âAgency
Resources Address Violations of Restricted Airspace, but Management
Improvements
are Neededâ), âgeneral aviation aircraft pilots accounted for about 88% of
all violations of restricted U.S. airspace between September 12, 2001 and
December 31, 2004.â In addition, GAO noted, âpilot error is the biggest
contributor to restricted airspace violations.â Thus, to reduce the number
of
violations, we are proposing mandatory training to make pilots more aware of
the
location of restricted airspace and the procedures that must be followed to
either avoid or operate in those areas.
Who would be required to receive this training?
Any person who flies an aircraft under VFR within a radius of 100 nautical
miles of the DCA VOR/DME would be required to receive the special awareness
training required under Â91.161. Thus, this proposed rule would apply to any
person operating an aircraft under VFR within a 100-nautical mile radius of
the DCA VOR/DME, including all operations conducted under 14 CFR part 91, those
for which an air carrier or an operating certificate may be issued under 14
CFR part 119 (for operations conducted under 14 CFR part 121 or 135), and
those which may be conducted under part 125, 129, 133 or 137. Further,
regardless of the type of pilot certificate held (e.g., sport, recreational,
student,
private, commercial or foreign) or where the flight originated (e.g.,
Virginia, California or even Canada), a person would be subject to the
training
requirement as a preâcondition to flying under VFR within 100 nautical miles
of
the DCA VOR/DME. Note this special awareness training would not be required
for pilots who operate under instrument flight rules (IFR) within a
100-nautical mile radius of the DCA VOR/DME.
As previously noted, there have been over 1,000 unauthorized flights into
the Washington, DC Metropolitan Area ADIZ since February 2003. To date, no
criminal charges have been filed against any pilot. Of all the cases
investigated, only one incursion was deemed deliberate. This led to the
revocation
of the pilotâs certificate. We believe that the other incursions are a
direct
result of general aviation pilots under VFR flying off-course and not
recognizing that they had entered restricted airspace without following proper
procedure. Pilots, on the other hand, who fly under IFR are under the control
of the FAAâs Air Traffic Control system and, therefore, are under a
controlled
flight plan and routing that either allows them to enter the restricted
airspace or avoid the airspace. Thus, at this time, we do not believe that
requiring pilots who would fly under IFR within or near Washington, DC
Metropolitan Area restricted airspace will address our immediate concern of
reducing the
number of inadvertent incursions into the Washington, DC Metropolitan Area
ADIZ. The proposed rule consequently only would apply to persons flying
aircraft under VFR within a 100-nautical mile radius of the DCA VOR/DME.
Would there be any operations excluded from the requirements under Â91.161?
Yes. We recognize there are certain operations that must be handled
differently because of their importance to national security and safety and
for the
public interest. Historically, we have provided special consideration for
operations by the U.S. Department of Defense/U.S. military and law enforcement
and for approved aeromedical flights. The flight restrictions for the
Washington DC Metropolitan Area ADIZ and FRZ specifically exempt these types of
operations from certain requirements otherwise applicable to aircraft entering
the ADIZ and FRZ (see NOTAM FDC 3/2126). Furthermore, to our knowledge, none
of the inadvertent incursions into the Washington D.C. Metropolitan Area ADIZ
has involved pilots conducting such operations. Consequently, under
Â91.161(e), the FAA would exempt a person flying an aircraft in a U.S.
Department of
Defense/U.S. military or law enforcement operation, or for approved
aeromedical assistance from the training requirements. This exclusion,
however, only
would apply if the person is flying on an official U.S. Department of
Defense/U.S. military, law enforcement, or approved aeromedical operation. If
the
military pilot, law enforcement pilot, or aeromedical pilot exercised private
pilot privileges under VFR within 100 nautical miles of the DCA VOR/DME, this
special awareness training (under  91.161) would be required.
Why was the distance of a â100 nautical miles radiusâ of the DCA VOR/DME
selected?
After reviewing extensive data, we believe that only pilots flying within a
100-nautical mile radius of the DCA VOR/DME under VFR should be subject to
the training requirement. Based on the statistics compiled, we determined
that the majority of pilots who inadvertently entered the Washington, DC
Metropolitan Area ADIZ had either originated their flight within this
100-nautical
mile radius or their last point of departure was within this 100-nautical
mile radius. Several alternatives were considered for who should complete the
training, including subjecting onlyâ(1) pilots residing in Virginia,
Maryland,
Pennsylvania, North Carolina, West Virginia and the District of Columbia;
(2) pilots flying VFR over Virginia, Maryland, Pennsylvania, North Carolina,
West Virginia and the District of Columbia; or (3) pilots that fly VFR within
a 250 nautical mile radius of the Washington, D.C. Metropolitan Area ADIZ.
We, however, believe that each of these alternatives is either overly broad or
unduly complex.
The airspace 100 nautical miles from the DCA VOR/DME would not appear on the
Washington, DC sectional aeronautical chart. Pilots, however, could easily
plot the âtraining zoneâ on the appropriate sectional map(s) on their own.
See Diagram 1. Further, we would provide a map that you could print through
the FAA Safety website (http://www.faasafety.gov) for this course.
DIAGRAM 1
Would this training apply to me if I intended to fly IFR but cancelled my
IFR clearance and proceeded VFR?
We recognize there may be instances when a pilot operating under IFR must
cancel an IFR clearance and continue the flight under VFR. For example, a
pilot may be flying under IFR within the 100-nautical mile radius of the DCA
VOR/DME, but due to radio or instrument equipment problems, must cancel IFR
clearance and proceed under VFR. Under that scenario, the failure to complete
the
special awareness-training program required under proposed  91.161would not
be a violation of the federal regulations. Additionally, in an in-flight
emergency situation, the pilot in command could deviate from any rule under
part 91 to the extent necessary to meet that emergency. See 14 CFR 91.3(b).
The FAA, however, may investigate the situation and request that the pilot
provide a written explanation for the deviation.
In contrast, if a pilot of his or her own volition cancelled the IFR
clearance while operating within the 100-nautical mile radius of the DCA
VOR/DME and
proceeded VFR, then the requirements under Â91.161 would apply.
When would I have to comply?
After a compliance date 180 days from effective date of the final rule, any
person that flew within 100 nautical miles of the DCA VOR/DME under VFR would
have to comply with the requirements of 14 CFR 91.161. We believe 180 days
would be sufficient time for affected persons to complete the Washington, DC
Metropolitan Area special awareness training program.
How often would this training be required?
The proposed Washington, DC Metropolitan Area special awareness training
would be a âoneâtimeâ obligation. Specifically, if this rule applied to
you, you would only have to accomplish the special training course one time.
However, we would encourage you to repeat the training when you feel you need
to refresh your knowledge. In future initiatives we intend to ensure that all
pilots receive recurrent training on flight procedures for operating in
prohibited and restricted airspace, including the Washington, DC Metropolitan
Area
ADIZ and FRZ. We expect to accomplish this future training through
additional training and testing during practical tests, flight reviews, pilot
proficiency checks, flight instructor renewals, and instrument proficiency
checks.
How and where would I receive this training?
Currently, the FAA is offering the âWashington, DC Metropolitan Airspace
Trainingâ on a voluntary basis via its online website. The online training
is
offered at the following FAA Safety website through âOnline Coursesâ:
_http://www.faasafety.gov_ (http://www.faasafety.gov/) . If this proposed
rule is
adopted, this training will become mandatory.
Persons wishing to take the voluntary training via this FAA Safety website
should enter _http://www.faasafety.gov_ (http://www.faasafety.gov/) and follow
these steps:
1. Enroll in the âWashington, DC Metropolitan Airspace Trainingâ at
_http://www.faasafety.gov_ (http://www.faasafety.gov/) . (If you have already
registered with http://www.faasafety.gov, sign in using your e-mail address
and
password and go to step 9 below.) When entering this FAA Safety website for
the first time, you will need to register. To register, you must follow the
following stepâbyâstep procedure: Click on âGet Registered Here.â
2. You will next be requested to provide your email address and to answer
the question âAre you an airman with a current certificate?â (âYou are
NOT
required to have a current certificate to registerâ) by checking the answer
â
yesâ or âno.â (The following steps will assume that you are a
certificated
airman.) Next you should click the command âContinue.â
3. After clicking the command âContinue,â the screen will request you to
input your last name (as it appears on your certificate) in the box âYour
last
nameâ and input your pilot certificate number in the box âCurrent
Certificate Number.â Next you should click the command âContinue.â
4. After clicking the command âContinue,â the next screen will have the
following announcement on it: âYour initial registration steps have been
completed! Your account has been created with the faasafety.gov system and you
have been assigned a temporary password to log into our system. Please check
your email for your password. You can then log in and begin setting up your
notification preferences. Be sure to check any spam-blocking software to make
sure that email will be allowed to you from http://www.faasafety.gov. Thank
you for participating in the FAA Safety Program.â
5. Once you check your email for the password that was issued to you, you
will log back onto the FAA Safety website at _http://www.faasafety.gov_
(http://www.faasafety.gov/) to begin the âWashington, DC Metropolitan
Airspace
Training.â
6. To begin the âWashington, DC Metropolitan Airspace Training,â logon
to
the FAA Safety website at _http://www.faasafety.gov_
(http://www.faasafety.gov/) by entering your email address and newly issued
password.
7. Upon entering your email address and password and after clicking âLogon
Now,â you will enter a screen that requests you to âEstablish your
Profile.â
In establishing your profile, you will be asked to review and answer the
boxes âFull Name/Company Name,â âEmail Preference Type,â âNew
Desired
Password,â and âConfirm New Password,: and then click on the command
âContinue.â
8. You will now be asked to set your personal preferences. This is done
through a series of screens where you can select what kind of e-mail safety
notifications and information you might like to receive, what ratings you
might
like safety information for, and the ability to change your password or e-mail
information. Click âsaveâ when finished at which time you will be taken
to
a verification page letting you know that your preferences have been saved.
9. On the left navigation bar, click âAviation Learning Center.â
10. Click on âOnline Courses.â
11. Click on âView the Course Catalog.â
12. Click on âWashington, DC Metropolitan Airspace Trainingâ to begin the
online training.
13. Click on âRegister Nowâ which will register for the course and then
take you to âMy Coursesâ page where you can start the course or withdraw
from
the courses at anytime. This page also allows you to resume the course
should you find a need to come back at a later time to finish, once you have
started.
14. Throughout the training, test questions will appear at completion of
each training module. The test questions must be answered correctly before
the
program will allow you to continue onto the next module of the training
program. When you complete the last module and test questions of the training
program, the program will announce on the screen, âCongratulations, you have
successfully completed the FAAâs Washington, DC Metropolitan Airspace
Training.â
15. You should then print the Certificate of Training Completion and keep
it for your records. If you are ever required to show evidence of having
completed that special awareness training, the Certificate of Training
Completion
will satisfy this requirement. The Certificate of Training Completion will
identify you by name; provide your pilot certificate number; and specify the
date the training was completed. If you lose your Certificate of Training
Completion, you can have one reissued to you by either accessing the
http://www.faasafety.gov website, or (after providing appropriate
identification)
requesting a duplicate Certificate of Training Completion from your local
Flight
Standards District Office (FSDO). You will not have to repeat the training
program.
If you should experience any problems with the FAA Safety website, you may
contact the FAAâs Region Safety Team Manager, (FAASTeam) at your
jurisdictional FSDO for assistance. You can find locations of the FSDOs on
the following
website: http://www.faa.gov/about/office_org/field_offices/fsdo/.
Would my name be kept on a national registry of persons who completed the
Washington, DC Metropolitan Area Training?
The FAA would maintain a national registry of persons who completed our
Washington, DC Metropolitan Area training. The registry would identify you
by
name and pilot certificate number.
How much would this training cost me?
We would provide this training free of charge. Any person who has access
to a personal computer and the Internet could receive this training. A person
who does not own a personal computer should have access to a computer and the
Internet through a local community library. However, if you do not have
access to a computer, then you could complete the training free of charge by
attending an FAA Safety Program Seminar presented by your local FSDO.
What kind of software must I have on my computer to take the training
online?
Web Browser:
Although most PC & MAC based browsers will be able to access the site, we
recommend using Microsoft Internet Explorer 5.5 or above. IE 6.0 and above is
preferred. The IE browser can be downloaded for free at:
http://www.microsoft.com/windows/ie/downloads/critical/ie6sp1/default.asp
You need to have JavaScript enabled and be able to accept cookies. These
features are enabled by default. These settings can be modified by going to
the
advanced features under the Internet options tab. The
http://www.faasafety.gov website uses browser âcookiesâ to record data
needed to facilitate your
online session and tracking of course completion.
You should also disable any popup blocking software that you might have
running. Many such utilities allow you to specify which sites are allowed to
use
popup windows. Simply adding faasafety.gov to the allowed list of your
utility should meet the needs for most functions that require popup windows.
Internet Connection:
You need to have an Internet connection and have any firewall configured to
allow access to the http://www.faasafety.gov website.
Screen Resolution:
The site is best viewed at 1024 x 768 screen resolution and above; although
800x600 will meet the minimum requirements.
What would be the subject areas of the training?
The training curriculum focuses on procedures for flying in and around the
Washington, DC Metropolitan Area ADIZ and FRZ. The course consists of
approximately 1 hour of aeronautical knowledge training. The training also
includes
an aeronautical knowledge test. The curriculum covers--
 Airspace Restrictions:
o Washington, DC Metropolitan Area ADIZ (14 CFR part 99 subpart
B).
o Washington, DC Metropolitan Area FRZ.
o Emergency air traffic rules (Â 91.139).
o Temporary Flight Restrictions in the--
q Proximity of the Presidential and other parties (Â 91.141).
q Vicinity of disaster/hazard areas (Â 91.137).
q National disaster areas in the State of Hawaii (Â 91.138).
q Proximity of space flight operations (Â 91.143).
q Aerial demonstrations and major sporting events (Â 91.145).
q Special Security Instructions (Â 99.7).
 Obtaining Information About Airspace Restrictions
 Accessing the NOTAM System--Identification of the distribution
mechanisms to alerting pilots about NOTAMs, including how to obtain
information
from the Direct User Access System (DUATS), FAA website, AOPA TFR sites
 Review of the NOTAMs Addressing the Washington, DC Metropolitan Area
ADIZ and FRZ airspace:
o Transpose NOTAM information to a sectional or terminal chart about
the Washington, DC Metropolitan Area ADIZ and FRZ airspace.
o Resources for interpreting NOTAM information into plain English and
graphical representation about the Washington, DC Metropolitan Area ADIZ and
FRZ airspace.
 Operating procedures in the Washington, DC Metropolitan Area ADIZ
and FRZ airspace:
o Flight plan requirements (for opening & closing flight plans) for
flying in the Washington, DC Metropolitan Area ADIZ and FRZ airspace.
o Flight plan filing procedures (e.g., no DUATS filing for Air Defense
Identification Zone) for flying in the Washington, DC Metropolitan Area ADIZ
and FRZ airspace.
o Equipment requirements for flying in the Washington, DC Metropolitan
Area ADIZ and FRZ airspace.
o Communications requirements & procedures for flying in the
Washington, DC Metropolitan Area ADIZ and FRZ airspace:
q Whom to contact;
q What to request from ATC;
q What to expect from ATC (phraseology, level of service).
o Visual warning system and intercept procedures for the Washington,
DC Metropolitan Area ADIZ and FRZ airspace.
o Procedures for lost communications, electrical failure, transponder
malfunction when flying in the Washington, DC Metropolitan Area ADIZ and FRZ
airspace.
 Review of Transportation Security Administration (TSA) regulations
that restrict access to the Washington, DC Metropolitan Area ADIZ and FRZ to
those operators that have met the security requirements under TSAâs DCA
Access Standard Security Program (DASSP)
 Enforcement
 Common errors that may cause pilots to make inadvertent incursions
into the Washington, DC Metropolitan Area ADIZ and FRZ airspaces:
o Use of global positioning system (GPS) to avoid the Washington, DC
Metropolitan Area ADIZ and FRZ airspace.
o Belief that an authorization to fly in an Air Defense Identification
Zone is a Class B clearance.
o âEarly rolloverâ to transponder code 1200 / VFR.
o Unfamiliarity with filing an IFR flight plan en route to obtain an
ATC clearance through the Washington, DC Metropolitan Area ADIZ and FRZ when
having to avoid adverse weather conditions.
 The operational requirements set forth under  91.161
When would I be required to show that I have completed this special
awareness training program?
Upon request from a representative of the Administrator, an authorized
representative of the National Transportation Safety Board, any Federal,
State, or
local law enforcement officer, or an authorized representative of the
Transportation Security Administration, you would be required to provide
documentation that showed that you completed the special awareness training
course. A
copy of your Certificate of Training Completion, which can be downloaded from
the _http://www.faasafety.gov_ (http://www.faasafety.gov/) website, will
suffice. You would not need to carry the document with you, but you would be
requ
ired to provide it to the requesting official in a reasonable time period.
Economic Evaluation Summary
Changes to Federal regulations must undergo several economic analyses.
First, Executive Order 12866 directs that each Federal agency shall propose or
adopt a regulation only upon a reasoned determination that the benefits of the
intended regulation justify its costs. Second, the Regulatory Flexibility Act
of 1980 requires agencies to analyze the economic impact of regulatory
changes on small entities. Third, the Trade Agreements Act (19 U.S.C.
sections
2531-2533) prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, to be the basis of U.S. standards. Fourth,
the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects of
proposed or final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate, or by
the
private sector, of $100 million or more annually (adjusted for inflation).
In conducting these analyses, FAA has determined this proposed rule: (1)
Has benefits that justify its costs, is a âsignificant regulatory actionâ
as
defined in section 3(f) of Executive Order 12866, and is âsignificantâ as
defined in DOT's Regulatory Policies and Procedures; (2) would not have a
significant economic impact on a substantial number of small entities; (3)
would
not reduce barriers to international trade; and does not impose an unfunded
mandate on state, local, or tribal governments, or on the private sector.
These
analyses, available in the docket, are summarized below.
Total Costs and Benefits of this Rulemaking
The FAA has determined that, from 2006 to 2015, the total cost of the
proposed rule would be approximately $2.4 million ($2.3 million in present
value
terms). This total cost is composed of the value of time to persons who would
be subject to the ruleâs training requirements and the costs to the
government of implementing the rule. Over the 10-year period, the value of
pilotsâ
time would be approximately $2.1 million ($2.0 million in present value terms)
and the cost to the government would be approximately $320,000 ($304,000 in
present value terms).
There have been on average 331 inadvertent incursions per year into the
Washington DC Metropolitan Area ADIZ. According to the FAAâs data on these
inadvertent incursions, 5 percent resulted in aircraft interceptions, and
there
have been three evacuations of Federal office buildings in the last 5 years.
Based on this history, the FAA performed a Monte Carlo simulation to assess
the
total costs of building evacuations, aircraft interceptions, and government
coordination that could be mitigated by the proposed rule. In the most
probable range of outcomes, the FAA could expect between 2 and 10 evacuations
during the next 10 years. This range of outcomes is estimated to cost between
$4.4 million and $18.3 million. The mean of avoiding these costs, or the
expected benefits of the proposed rule, would be approximately $11.0 million.
Because there is no way to predict the effectiveness of the proposed rule, we
need a 25% success rate in reducing the number of incursions, resulting in
benefits of approximately $2.8 million, for this proposed rule to be
cost-beneficial. As discussed below, over a 10-year period, the FAA has
calculated the
cost of this proposed rule to be $2.4 million ($2.3 million discounted), which
is less than the aforementioned $2.8 million.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes âas a principle of
regulatory issuance that agencies shall endeavor, consistent with the
objective of the rule and of applicable statutes, to fit regulatory and
informational requirements to the scale of the business, organizations, and
governmental
jurisdictions subject to regulation.â To achieve that principle, the RFA
requires agencies to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations and small
governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or final rule
will have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must prepare a
regulatory flexibility analysis as described in the Act. However, if an
agency
determines that a proposed or final rule is not expected to have a significant
economic impact on a substantial number of small entities, section 605(b) of
the 1980 RFA provides that the head of the agency may so certify and a
regulatory flexibility analysis is not required. The certification must
include a
statement providing the factual basis for this determination, and the
reasoning should be clear.
The proposed rule would not have a significant impact on a substantial
number of small entities. The FAA believes that the proposalâs greatest
impact
would be on individuals (who are not considered as entities under RFA) flying
VFR within 100 nm of the DCA VOR/DME. The proposed rule could have an impact
on small entities that operate aircraft for business purposes. The FAA,
however, expects such an impact to be minimal because the rule would apply
only
to pilots operating under VFR. In addition, most of those pilots also fly
for personal reasons and therefore would need to complete the training for
their own non-business-related flying. Consequently, the Administrator of the
FAA certifies that the proposed rule would not have a significant economic
impact on a substantial number of small entities. The FAA invites comments and
requests that all comments be accompanied with clear and detailed supporting
data.
International Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from engaging in
any standards or related activities that create unnecessary obstacles to the
foreign commerce of the United States. Legitimate domestic objectives,
such as safety, are not considered unnecessary obstacles. The statute also
requires consideration of international standards and where appropriate, that
they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and has
determined that it primarily would have an impact on domestic operations,
although it could affect some international pilots. For example, there could
be
some Canadian pilots affected when they fly between Canada and the Southern
United States. However, this rulemaking would have no impact on foreign firms
that provide goods or services in the United States.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended, among other
things, to curb the practice of imposing unfunded Federal mandates on State,
local, and tribal governments. Title II of the Act requires each Federal
agency to prepare a written statement assessing the effects of any Federal
mandate in a proposed or final agency rule that may result in an expenditure
of
$100 million or more (adjusted annually for inflation) in any one year by
State, local, and tribal governments, in the aggregate, or by the private
sector;
such a mandate is deemed to be a âsignificant regulatory action.â The FAA
currently uses an inflation-adjusted value of $128.1 million in lieu of $100
million.
This proposed rule does not contain such a mandate. The requirements of
Title II do not apply.
Paperwork Reduction Act
An agency may not conduct or sponsor and a person is not required to respond
to a collection of information unless it displays a currently valid Office
of Management and Budget (OMB) control number.
This proposed rule would contain information collections that would be
subject to review by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C.
section 3507(d)). As required by the Paperwork Reduction Act of 1995 (44
U.S.C.
3507(d)), the FAA has submitted a copy of these sections to the Office of
Management and Budget for its review.
Individuals and organizations may submit comments on the information
collection requirement by [insert date 60 days after publication in the
Federal
Register], and should direct them to the address listed in the ADDRESSES
section
of this document.
A description of the annual burden is shown below.
Description of Respondents: The FAA estimates that approximately 60,000
persons that fly under VFR within 100 nautical miles of the DCA VOR/DME would
be affected by the proposed rule, and that the population of affected persons
would grow by approximately 1.32 percent per year.
Estimated Burden: We assume that each person would spend 20 minutes taking
the test, at a cost of time of $30.88 per hour. We estimate that the
first-year cost would be $617,600 (60,000 persons X $30.88 per hour), and time
spent
during the first year would be 20,000 hours (60,000 persons X 1/3rd hour).
We estimate that in subsequent years, the per-year costs would be $8,574 (833
persons X $30.88 per hour), and time spent during subsequent years would be
277.67 hours (833 persons X 1/3rd hour).
The total cost over 10 years is expected to be $694,766.00 ($617,600 +9 X
$8,574), with an average cost per year of $69,477 ($617600 +9 X $8,574)/10).
The total number of hours over 10 years is expected to be 22,499 hours
(20,000 + 9 X 277.67), with an average cost per year of 2,250 hours (20,000 +9
X
278)/10).
International Compatibility
In keeping with U.S. obligations under the Convention on International Civil
Aviation, it is FAA policy to comply with International Civil Aviation
Organization (ICAO) Standards and Recommended Practices to the maximum extent
practicable. The FAA has determined that there are no ICAO Standards and
Recommended Practices that correspond to these proposed regulations.
Environmental Analysis
FAA Order 1050.1E defines FAA actions that are categorically excluded from
the preparation of an environmental assessment or environmental impact
statement under the National Environmental Policy Act in the absence of
extraordinary circumstances. The FAA has determined that this proposed
rulemaking action
qualifies for the categorical exclusion identified in paragraph 312f of FAA
Order 1050.1E and involves no extraordinary circumstances.
Regulations that Significantly Affect Energy Supply, Distribution, or Use
The FAA has analyzed this proposed rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The FAA has determined that this is not
a â
significant energy actionâ under the executive order because it is not a â
significant regulatory actionâ under Executive Order 12866, and it is not
likely to
have a significant adverse effect on the supply, distribution, or use of
energy.
List of Subjects in14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation Safety, Noise
control, Reporting and recordkeeping requirements.
The Proposed Rule
In consideration of the foregoing, the Federal Aviation Administration
proposes to amend chapter I of title 14 Code of Federal Regulations as
follows:
PART 91âGENERAL OPERATING AND FLIGHT RULES
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).
2. Add Â91.161 to read as follows:
 91.161 Additional requirements for persons flying under visual flight
rules within 100 nautical miles of the DCA VOR/DME.
(a) Except as provided under paragraph (d) of this section, no person may
operate an aircraft within 100 nautical miles of the Washington, DC VHF
omni-directional range/distance measuring equipment (DCA VOR/DME) under visual
flight rules (VFR) without having completed the FAAâs special awareness
training
course on flying in and around the Washington, DC Metropolitan Area.
(b) A person who is required by this section to have completed the special
awareness training course on flying in and around the Washington, DC
Metropolitan Area must present documentation that shows completion of the
training
course when requested to do so by:
(1) A representative of the Administrator;
(2) An authorized representative of the National Transportation Safety
Board;
(3) Any Federal, State, or local law enforcement officer; or
(4) An authorized representative of the Transportation Security
Administration.
(c) The failure to complete the special awareness training course on flying
in and around the Washington, DC Metropolitan Area is not a violation of thi
s section if an emergency is declared by the pilot, as described under Â
91.3(b) of this part, or there was a failure of two-way radio communications
when
operating under IFR as described under  91.185 of this part.
(d) If a person is conducting an aeromedical operation or an official
flight for the U.S. Armed Forces or a law enforcement agency within the
airspace
of 100 nautical miles from the Washington, DC VHF omni-directional
range/distance measuring equipment (DCA VOR/DME), the requirements of this
section do
not apply.
Issued in Washington, DC, on June 27, 2006.
John M. Allen,
Deputy Director, Flight Standards Service
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