Tuesday, February 19, 2002
Part IV
Department of Transportation Federal Aviation Administration
14 CFR Part 91 Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC Metropolitan Area Special Flight Rules Area; Final Rule
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DEPARTMENT OF TRANSPORTATION Washington, DC 20591; telephone (202) page at http://www.faa.gov/avr/ 267–8320. armhome.htm or the Government Federal Aviation Administration Questions on security procedures and Printing Office’s web page at http:// obtaining security procedure approval www.access.gpo.gov/su_docs/aces/ 14 CFR Part 91 or waivers: Washington Civil Aviation aces140html. Security Field Office (WAS CASFO), [Docket No. FAA–2002–11580; SFAR 94] You can also get a copy by submitting Washington Dulles International RIN 2120–AH62 Airport, 45005 Aviation Drive Suite 110, a request to the Federal Aviation Washington, DC 20166; telephone (703) Administration, Office of Rulemaking, Enhanced Security Procedures for 661–6070. You can also find guidance ARM–1, 800 Independence Avenue, Operations at Certain Airports in the on drafting security procedures at SW, Washington, DC 20591, or by Washington, DC Metropolitan Area http://cas.faa.gov/usa.html. calling (202) 267–9680. Be sure to Special Flight Rules Area SUPPLEMENTARY INFORMATION: identify the amendment number or AGENCY: Federal Aviation docket number of this final rule. Comments Invited Administration (FAA), DOT. Small Entity Inquiries ACTION: Final rule, request for This final rule is being adopted comments. without prior notice and prior public The Small Business Regulatory comment. The Regulatory Policies and Enforcement Fairness Act (SBREFA) of SUMMARY: This action requires any Procedures of the Department of 1996 requires the FAA to comply with person operating an aircraft to or from Transportation (DOT) (44 FR 1134; Feb small entity requests for information or College Park Airport (CGS), Potomac 26, 1979) provide that, to the maximum advice about compliance with statutes Airfield (VKX), and Washington extent possible, operating and regulations within the FAA’s Executive/Hyde Field (W32) to conduct administrations for the DOT should jurisdiction. Therefore, any small entity those operations in accordance with provide an opportunity for public that has a question regarding this security procedures approved by the comment on regulations issued without document may contact its local FAA notice. Accordingly, interested persons Administrator. Operations under 14 official. Internet users can find are invited to participate in the CFR part 91 have been prohibited at additional information on SBREFA on rulemaking by submitting written data, these airports as a result of Notices to the FAA’s web page at Airmen (NOTAMs) issued after views, or arguments. Comments relating to the environmental, energy, http:www.faa.gov/avr/arm/sbrefa.htm September 11, 2001. This action is being and send electronic inquiries to the taken to restore aircraft operations at federalism, or economic impact that might result from this amendment also following Internet address: 9-AWA- these airports while attempting to [email protected]. counter possible terrorist threats to the are invited. Comments must include the National Capital region. docket number or amendment number Background DATES: This action is effective February and must be submitted in duplicate to 13, 2002, and shall remain in effect until the address above. All comments After the September 11, 2001, terrorist February 13, 2003. Submit comments by received, as well as a report attacks against four U.S. commercial April 22, 2002. summarizing each substantive public aircraft resulting in the tragic loss of contact with FAA personnel concerning human life at the World Trade Center, ADDRESSES: Address your comments to this rulemaking, will be filed in the the Pentagon, and in southwest the Docket Management System, U.S. public docket. The docket is available Pennsylvania, the FAA immediately Department of Transportation, Room for public inspection before and after prohibited all aircraft operations within Plaza 401, 400 Seventh Street, SW, the comment closing date. the territorial airspace of the United Washington, DC 20590. You must The FAA will consider all comments identify the docket number FAA–2002– States, with the exception of certain received on or before the closing date military, law enforcement, and 11580 at the beginning of your for comments. Late-filed comments will comments, and you should submit two emergency related aircraft operations. be considered to the extent practicable. This general prohibition was lifted in copies of your comments. If you wish to The final rule may be amended in light receive confirmation that the FAA part on September 13, 2001. In the of the comments received. Washington, DC Metropolitan area, received your comments, include a self- See ADDRESSES above for information addressed, stamped postcard. You may on how to submit comments. however, aircraft operations remained also submit comments through the prohibited at all civil airports within a Availability of This Action Internet to http://dms.dot.gov. 25-nautical mile radius of the You may review the public docket You can get an electronic copy using Washington (DCA) VOR/DME. This containing comments to these the Internet by taking the following action was accomplished through regulations in person in the Dockets steps: emergency air traffic rules issued Office between 9:00 a.m. and 5:00p.m., (1) Go to search function of the pursuant to title 14, Code of Federal Monday through Friday, except Federal Department of Transportation’s Regulations (14 CFR) 91.139 and the holidays. The Dockets Office is on the electronic Docket Management System implementation of temporary flight plaza level of the NASSIF Building at (DMS) Web page (http://dms.dot.gov/ restrictions (TFRs) issued pursuant to 14 the Department of Transportation at the search). CFR 91.137. (2) On the search page type in the last above address. You may also review five digits of the docket number shown On October 4, 2001, limited air carrier public dockets on the Internet at at the beginning of this document. Click operations were permitted to resume at http://dms.dot.gov. on ‘‘search.’’ Ronald Reagan Washington National FOR FURTHER INFORMATION CONTACT: (3) On the next page, which contains Airport (DCA). On October 5, 2001, the Questions on this rulemaking: Bruce the docket summary information for the FAA issued NOTAM 1/0989, which Landry, ACP–200, Office of Civil Docket you selected, click on the final authorized instrument flight rules (IFR) Aviation Security Policy and Planning, rule. operations and limited visual flight Federal Aviation Administration, 800 You can also get an electronic copy rules (VFR) operations within an 18 to Independence Avenue, SW, using the Internet through FAA’s web 25 nautical mile radius from the DCA
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VOR/DME in accordance with in this SFAR to operations to or from those conducted under 14 CFR part 91, emergency air traffic rules issued under these airports will help to protect those for which an air carrier or an 14 CFR 91.139. Exceptions to the critical national assets against an operating certificate may be issued restrictions affecting part 91 operations airborne threat while permitting the under 14 CFR part 119 (14 CFR parts in the Washington, DC area issued since resumption of operations at these 121, 125, and 135), and those which September 11th were made to permit airports. This action is taken in may be conducted under part 129, 133, the repositioning of aircraft from accordance with the Administrator’s or 137. airports within the area of the TFR and statutory mandate found in section The provisions of this rule do not to permit certain operations conducted 44701(a)(5) of Title 49, United States apply to the operation of ultralight under waivers issued by the FAA. Code (49 U.S.C.) to promote the safe vehicles, which must be conducted in On December 19, 2001, the FAA flight of civil aircraft in air commerce by accordance with 14 CFR part 103. Part canceled NOTAM 1/0989 and issued prescribing regulations and minimum 103 contains prohibitions on the NOTAM 1/3354 that set forth special standards necessary for safety in air operation of ultralight vehicles in security instructions under 14 CFR 99.7 commerce and national security. certain airspace, including both and created a new TFR under 14 CFR prohibited and restricted areas, and 91.137. That action significantly Justification for Emergency Final Rule other areas designated by NOTAM. decreased the size of the area subject to Because flight operations at airports Operators of ultralight vehicles should the earlier prohibitions on part 91 affected by this SFAR have been review current NOTAMs to determine operations in the Washington, DC area prohibited since September 11, 2001, the status of ultralight operations at and permitted operations at Freeway and in recognition of the need to restore these airports and within the special (W00), Maryland (2W5), and Suburban operations at these airports in a manner flight rules area. (W18) airports. At the same time, the that responds to the current security Although the FAA considered FAA eliminated all ‘‘enhanced Class B threat, the FAA is adopting this SFAR including operations to or from other airspace flight restrictions’’ Enhanced as an emergency final rule pursuant to airports within the Washington, DC Class B airspace consisted of that section 553 of the Administrative Metropolitan Area Special Flight Rules airspace underlying and overlying Class Procedures Act (APA). Section 553(b)(B) Area under the provisions of this rule, B airspace from the surface to flight of the APA permits an agency to forego only operations to or from the three level 180. The associated rules and/or notice and comment rulemaking when airports specified in this SFAR are the services prescribed for Class B ‘‘the agency for good cause finds * * * subject to its provisions. The FAA airspace and the underlying/overlying that notice and public procedures intends to specifically address air traffic airspace were not changed by the thereon are impracticable, unnecessary and security procedures for part 91 imposition or elimination of Enhanced or contrary to the public interest.’’ The operations at other airports within the Class B airspace flight restrictions. FAA finds that the use of notice and Washington, DC Metropolitan Area Although many of the restrictions on public procedures for this SFAR is Special Flight Rules Area in future operations in the Washington, DC area impracticable and contrary to the public actions. have been eliminated, NOTAM 1/3354 interest. The use of notice and comment In formulating this rule, the FAA continues to prohibit aircraft operations procedures prior to issuing this final considered retaining the current under part 91 at College Park Airport, rule would only delay the relief prohibition on operations to and from Potomac Airfield, and Washington provided by this SFAR to airport these airports and permitting operations Executive/Hyde Field. In 2000, operators, aircraft operators, and at these airports with operational approximately 89,000 part 91operations businesses affected by the prohibition restrictions more stringent than those were conducted from these airports. The on operations at the affected airports. A imposed by this rule. The FAA has current restrictions have caused delay would significantly increase the determined, however, that it is significant economic hardship for these economic burden on persons inappropriate and unnecessary to airport operators, aircraft owners and conducting operations that have been continue the current prohibition on operators based at the airports, and prohibited under previous actions operations at these airports, and that the businesses located on, or dependent enacted without notice and public costs of imposing more restrictive upon, the continued operation of the comment and possibly result in the measures on such operations would far airports. These operational restrictions permanent closure of affected airports. outweigh any potential benefits. have remained in effect longer than the As previously noted, however, the FAA restrictions imposed in other areas Definitions is requesting comments on this SFAR because of the proximity of the airports For the purpose of this rule, the FAA and may modify the rule in response to to the significant number of critical defines the terms ‘‘Administrator’’ and these comments. government assets in the National ‘‘Washington, DC Metropolitan Area Capital region and the continuing threat Discussion Special Flight Rules Area.’’ to that area. The definition of ‘‘Administrator’’ is After discussions with the National Affected Airports and Operations similar to the definition of Security Council, the United States This SFAR requires each person ‘‘Administrator’’ contained in 14 CFR Secret Service, the Department of operating an aircraft to or from College 1.1. The definition includes a reference Defense, and the Office of Homeland Park Airport (CGS), Potomac Airfield to the Under Secretary of Transportation Security, it was determined that (VKX), and Washington Executive/Hyde for Security, which clarifies that the national security concerns regarding Field (W32) to comply with specified air Under Secretary may also take any of operations at College Park Airport, traffic procedures and security those actions that may be taken by the Potomac Airfield, and Washington procedures approved by the Administrator under this rule. Executive/Hyde Field could be Administrator. As a general operating The SFAR also defines the addressed by permitting operations at rule, its provisions apply to any person Washington, DC Metropolitan Area these airports in accordance with the air operating an aircraft to or from one of Special Flight Rules Area. The airspace traffic and security procedures set forth these airports. It affects all aircraft defined as the Washington, DC in this SFAR. Applying the restrictions operations at these airports, including Metropolitan Area Special Flight Rules
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Area generally approximates an area Any person seeking authorization to checks by TSA, or other delegated law that varies in distance from 13-to-15 operate to or from an affected airport enforcement agencies to verify that this nautical miles from the Washington will also be required to identify any requirement has been met. Those crimes (DCA) VOR/DME (with specific aircraft that he or she intends to fly to which would disqualify an individual exclusions to permit operations at or from that airport. This information from conducting operations at an Freeway airport (W00) and a VFR will be correlated with a list of aircraft affected airport are identical to those corridor between Washington and based at the airport. This list will be specified in 14 CFR 108.229(d) under Baltimore). provided to the FAA in accordance with the authority provided by 49 U.S.C. an affected airport’s approved security Operating Requirements 44936. Section 108.229(d) applies to procedures. The FAA initially intends employees covered under a certification Under the provisions of this SFAR, no to authorize operations of those aircraft made to certain airport operators under person may operate an aircraft to or based at an airport on September 11, 14 CFR part 107, individuals issued from an affected airport unless security 2001. After a procedural validation identification for unescorted access procedures have been approved by the period, the FAA may authorize within a security identification display Administrator for operations at that operations to or from an affected airport area (SIDA), and certain individuals airport. Additionally, each person by persons operating aircraft not based assigned to perform or supervise serving as a required flightcrew member at the airport. screening functions. of an aircraft operating to or from an Persons seeking to operate to or from The disqualifying criminal offenses affected airport must provide certain an affected airport can present the are as follows— information to the Administrator, meet information required by this rule in (1) Forgery of certificates, false certain background requirements, person to the Washington Civil Aviation marking of aircraft, and other aircraft comply with specified air traffic rules, Security Field Office (CASFO). To registration violation; 49 U.S.C. 46306. and comply with the approved security minimize the administrative burden of (2) Interference with air navigation; 49 procedures for operations at those this procedure, the FAA will have U.S.C. 46308. airports. personnel at the affected airports or (3) Improper transportation of a This SFAR does not impose other local venues to accept this hazardous material; 49 U.S.C. 46312. information collection requirements on information at specified times. (4) Aircraft piracy; 49 U.S.C. 46502. persons intending to operate to or from This SFAR also requires each person (5) Interference with flight crew the affected airports. Rather, the FAA is seeking authorization to attend a members or flight attendants; 49 U.S.C. requiring those persons to present their briefing that will describe procedures 46504. airman and medical certificates and for operating to or from the airport. The (6) Commission of certain crimes picture identifications to ensure that the requirement to attend a briefing stems aboard aircraft in flight; 49 U.S.C. FAA can properly confirm their from the FAA’s recognition of the 46506. identities. This identification criticality of ensuring full compliance (7) Carrying a weapon or explosive information will be shared with the with the provisions of this SFAR. To aboard aircraft; 49 U.S.C. 46505. United States Secret Service, the ensure all authorized persons (8) Conveying false information and Transportation Security Administration understand their responsibilities under threats; 49 U.S.C. 46507. (TSA), and other law enforcement this SFAR, attendance at a briefing is a (9) Aircraft piracy outside the special authorities to facilitate security checks, prerequisite to conducting operations at aircraft jurisdiction of the United background investigations, and criminal an affected airport. These briefings States; 49 U.S.C. 46502(b). records checks necessary to permit a initially will be presented by FAA Civil (10) Aircraft lighting violations person to receive authorization to Aviation Security, Flight Standards, and involving transporting controlled operate to or from an airport. Air Traffic Services personnel, and substances; 49 U.S.C. 46315. This SFAR requires a person seeking representatives of the Secret Service. (11) Unlawful entry into an aircraft or authorization to operate to or from an The FAA will provide the widest airport area that serves air carriers or affected airport to successfully complete possible dissemination of information foreign air carriers contrary to a background check by a law specifying the time and place of these established security requirements; 49 enforcement agency. This check briefings. After an initial validation U.S.C. 46314. routinely requires the submission of period, the FAA may permit persons (12) Destruction of an aircraft or fingerprints and the conduct of a responsible for implementing approved aircraft facility; 18 U.S.C. 32. criminal history records check. The security procedures at affected airports (13) Murder. completion of a background check, or other specified individuals to give (14) Assault with intent to murder. which includes the collection of these briefings. (15) Espionage. fingerprints and the conduct of a To minimize the possibility that a (16) Sedition. criminal history records check, will be person inclined to engage in an action (17) Kidnapping or hostage taking. conducted under the authority provided that might constitute a threat to (18) Treason. to the Under Secretary of Transportation government assets contained in the (19) Rape or aggravated sexual abuse. for Security in section 101 of the National Capital region, the SFAR (20) Unlawful possession, use, sale, Aviation and Transportation Security requires that a person not have been distribution, or manufacture of an Act (Pub. L. 107–71) as codified in 49 convicted, or found not guilty by reason explosive or weapon. U.S.C. 114(f)(2)(3) and (5). That section of insanity, in any jurisdiction of certain (21) Extortion. states that the Under Secretary has the crimes during the 10 years prior to being (22) Armed or felony unarmed authority to ‘‘assess threats to authorized to operate to or from the robbery. transportation; develop policies, airport, or while authorized to operate (23) Distribution of, or intent to strategies and plans for dealing with to or from the airport. The information distribute, a controlled substance. threats to transportation security; [and] and fingerprints provided by a person (24) Felony arson. serve as the primary liaison to the seeking to operate to or from an affected (25) Felony involving a threat. intelligence and law enforcement airport will be used to facilitate the (26) Felony involving— communities.’’ conduct of criminal records history (i) Willful destruction of property;
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(ii) Importation or manufacture of a hostile intent from conducting The SFAR requires that, upon controlled substance; operations at these airports, it has been returning to the airport, the operator (iii) Burglary; determined that the absence of a take appropriate measures to secure the (iv) Theft; personnel verification requirement aircraft from unauthorized use. This (v) Dishonesty, fraud, or would impose too significant a risk to may consist of locking the aircraft, misrepresentation; the critical governmental assets securing the aircraft in a locked hangar, (vi) Possession or distribution of contained within the National Capital installing a propeller or throttle lock, or stolen property; region. other similar measures. (vii) Aggravated assault; Upon meeting the specified The FAA recognizes that law (viii) Bribery; or requirements and completing the enforcement, military, and aeromedical (ix) Illegal possession of a controlled services aircraft may operate from the substance punishable by a maximum necessary records checks, an individual will be authorized by the FAA to affected airports. The U.S. Armed term of imprisonment of more than 1 Forces and law enforcement agencies year. conduct operations at an affected airport. The authorization will also have already adopted extensive security (27) Violence at international airports; procedures to protect their aircraft from 18 U.S.C. 37. specify those aircraft in which the person may conduct the authorized unauthorized use. Persons operating (28) Conspiracy or attempt to commit these aircraft have been subjected to any of the criminal acts listed in this operations. Additionally, the authorization provided by the FAA will extensive background and criminal paragraph. records history checks. Because Additionally, TSA or other delegated include a unique identification code, which the individual will use when operators of these aircraft must comply law enforcement authorities may with the extensive security procedures impose specific requirements for the filing a flight plan with Leesburg Automated Flight Service Station adopted by these agencies and conduct of operations to or from the departments, operators of these aircraft affected airports, such as a requirement (AFSS), to operate to or from an affected airport. To ensure the security of will not be subject to the procedural for the collection of fingerprints to requirements in this rule intended facilitate the completion of a operations to or from the affected airport, any individual who has primarily for private aircraft operations. background investigation. Persons They will, however, be required to seeking to operate to or from the received an identification code must protect it from unauthorized disclosure. comply with those ATC procedures affected airports will be notified of any necessary to ensure adequate control of Operations to or from the affected additional requirements by TSA, other operations at these airports and other airport while within the Special Flight delegated law enforcement authorities, specific requirements imposed by TSA Rules Area will only be permitted in or the FAA. The FAA will not authorize or other delegated law enforcement accordance with an open IFR or VFR a person to operate to or from an airport agencies. unless he or she has complied with flight plan. This flight plan must be Due to the critical nature of these requirements. filed telephonically with Leesburg operations conducted in aeromedical A record of a single violation of a AFSS. Flight plans filed via Direct User services aircraft, persons conducting prohibited area designated under 14 Access Terminals (DUAT), while operations in these aircraft will not be CFR part 73, a flight restriction airborne, or with another Flight Service required to comply with the full range established under 14 CFR 91.141 (to Station will not be accepted for of security procedures at affected protect the President, Vice President, or operations to or from the affected airports. The unscheduled and other public figures), or special security airports. frequently critical nature of these instructions issued under 14 CFR 99.7 is Prior to departure from the airport, or operations necessitates relief from many indicative of a potential risk that a pilot prior to entering the Special Flight of the security procedures required for may possess a compliance disposition Rules Area en route to an affected other civil aircraft operations. Operators inappropriate for operations to or from airport, a pilot must obtain an air traffic must, however, secure the aircraft while airports which are located in close control (ATC) clearance and maintain on the ground at the airport and comply proximity to critical governmental two-way radio communications with with airport arrival and departure assets. A record of multiple violations of ATC. Aircraft must be equipped with an routes, ATC clearance procedures, flight a restricted area designated under 14 operable transponder with altitude plan requirements, communications CFR part 73, emergency air traffic rules reporting capability and transmit an procedures, procedures for transponder issued under 14 CFR 91.139, a assigned beacon code while operating in use, and other requirements that may be temporary flight restriction designated the Special Flight Rules Area. Aircraft issued by TSA or other delegated law under 14 CFR 91.137, 91.138, or 91.145 will normally be cleared to or from the enforcement agencies. or an area designated under 14 CFR airport via specified direct routes. ATC 91.143 (or any combination thereof) is will not issue clearances that permit Airport Security Procedures also indicative of a similar risk. In view closed traffic operations within the This SFAR requires any person of the critical need to protect national traffic patterns at these airports. The conducting operations to or from an assets within the Special Flight Rules applicable ATC procedures will be affected airport within the Washington, Area, the FAA will review the records published in the approved security DC Metropolitan Area Special Flight of airmen who request authorization to procedures for the airport and may be Rules Area to comply with security conduct operations at the affected published as NOTAMs or as graphical procedures approved by the airports and will not authorize notices in the appropriate Airport/ Administrator. The affected airports operations if the airman’s records Facility Directory. Any attempt by a currently are not required to implement contains a history of such violations. pilot to deviate from the assigned route security procedures under an approved As an alternative, the FAA considered or other provisions of an ATC clearance security program such as that required eliminating the personnel verification while within the Special Flight Rules at Ronald Reagan Washington National requirements set forth above. In view of Area will result in the exercise of Airport under 14 CFR part 107. This the current threat and the need to help appropriate protective measures by rule will provide an increased level of preclude the possibility of persons with military or law enforcement personnel. security at affected airports by requiring
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operations to be conducted in inconvenience. The FAA has weighed conduct operations at the affected accordance with approved security these costs against the continued airports. procedures. prohibition of aircraft operations at The FAA will provide the approval To provide persons seeking approval airports affected by the SFAR and has holder with a list of those persons of security procedures with maximum determined that affording operators of authorized to conduct operations at an flexibility in their development and airports affected by this rule with an airport and the aircraft those persons are implementation, the SFAR does not opportunity to resume operations is in authorized to operate. Upon authorizing mandate that they be developed and the public interest. any additional person to conduct implemented only by an airport In developing requirements for the operations at an airport, the FAA will operator. The SFAR does not preclude contents of approved security provide the approval holder with a airport owners, airport authorities, and procedures, the FAA considered revised list. This list must be State or local governments from numerous alternatives. For example, the maintained at the airport. This list submitting procedures to the FAA considered requiring an individual should be given the widest possible Administrator for approval. with law enforcement authority to dissemination at the airport to ensure For security procedures to be inspect departing aircraft (and verify the that all persons conducting operations approved for an affected airport they identities of their occupants) at the there are aware of its contents. It can be must: affected airports and to require arriving used to assist all personnel at the airport • Identify and provide contact aircraft to land at ‘‘gateway airports’’ when monitoring operations in information for the airport manager who outside the Special Flight Rules Area for accordance with the airport’s security is responsible for ensuring that the similar inspections and checks prior to awareness program. security procedures at the airport are proceeding to an affected airport. The Airport arrival and departure route implemented and maintained; descriptions, air traffic control clearance • FAA determined that such requirements Contain procedures to identify would impose significant costs on procedures, flight plan requirements, those aircraft eligible to be authorized airport operators and persons communications procedures, and procedures for transponder use will be for operations to or from the airport; conducting operations to or from the • established by ATC. Requiring these Contain procedures to ensure that a affected airports. Additionally, such procedures to be included in the current record of those persons requirements would significantly approved security procedures will authorized to conduct operations to or decrease the use of the affected airports provide all operators with an additional from the airport and the aircraft in and result in the further relocation of readily available reference to consult in which the person is authorized to aircraft away from the airports specified flight planning. A copy of the security conduct those operations is maintained in this rule. The FAA also considered procedures must also be made available at the airport; permitting security personnel without • Contain airport arrival and for inspection by the Administrator law enforcement authority or personnel departure route descriptions, air traffic upon request. employed by fixed base operators to control clearance procedures, flight plan Approval holders must also perform these inspections and checks. requirements, communications implement and maintain a security These alternatives were rejected for procedures, and procedures for awareness program at the airport. This similar reasons. transponder use; program should address both airport • Contain procedures to monitor the To provide the FAA with a means to and aircraft security and include security of aircraft at the airport during effectively ensure that security procedures for persons conducting operational and non-operational hours procedures are being implemented and operations at the airport to report and to alert aircraft owners and maintained, approved security suspicious activity. Approval holders operators, airport operators, and the procedures must include the name and should notify all operators of the need Administrator of unsecured aircraft; contact information for the airport to monitor the security of aircraft at the • Contain procedures to ensure that manager who has responsibility for this airport and to establish procedures to security awareness procedures are task. The airport manager is specifically immediately secure any unsecured implemented and maintained at the identified on the airport operating aircraft. A means of rapidly notifying airport; license issued by the Maryland aircraft owners of improperly secured • Contain procedures to ensure that a Department of Transportation for an aircraft or non-compliance with the copy of the approved security airport. The FAA must be able to approved security procedures for an procedures is maintained at the airport contact this person if any deviation from airport is essential. and can be made available for the requirements of the approved Although security procedures must inspection upon request of the security procedures is discovered. That meet the requirements of the SFAR, Administrator; action will ensure that any discrepancy persons seeking approval of security • Contain procedures to provide the is immediately corrected. procedures should ensure that the Administrator with the means necessary The requirement to identify aircraft procedures are tailored to meet the to make any inspection to determine eligible to be authorized to operate at an specific operational needs of airport and compliance with the approved security airport is intended to afford the FAA the aircraft operators. The security procedures; and means to effectively control operations procedures should address the various • Contain any additional procedures at the airport. To properly evaluate the types of threat vulnerabilities that could necessary to provide for the security of implementation of approved apply to operations conducted to or aircraft operations to or from the airport. procedures, the FAA may initially only from the affected airport. The FAA The requirements specified in these authorize the arrival and departure of expects that threat conditions may security procedures are based upon aircraft based at an affected airport, and change rapidly, and therefore may current intelligence and threat pilots conducting operations in such withdraw approvals of security assessments provided to the FAA. The aircraft. By providing the FAA a list of procedures or require the FAA recognizes that the SFAR imposes based aircraft, the FAA will be able to implementation of revised security requirements upon aircraft operators more rapidly provide relief to those procedures at certain times in response that will result in increased costs and persons most in need of authorization to to changed threats. Additionally, to
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ensure that the Administrator can associations and individuals is flying to or from these airports. The evaluate the effectiveness of approved contained in the docket for this rule. final rule, while imposing additional security procedures, the procedures reporting and recordkeeping Justification for Immediate Adoption must describe the means that will be requirements on those operators, will provided to the Administrator to make Because the circumstances described have the following impacts: any inspection to determine compliance herein warrant immediate action, the • All airports will have to prepare a with approved security procedures. Administrator finds that notice and security program and get it approved by Non-compliance with approved security public comment under 5 U.S.C. 553(b) the FAA. This will take approximately procedures may result in withdrawal of are impracticable and contrary to the 30 hours per program. the approval for the security procedures public interest. Further, the • Each airport having approved at an airport. Administrator finds that good cause security procedures must maintain a The FAA will inform all aircraft exists under 5 U.S.C. 553(d) for making copy of the procedures and make it operators that an airport has approved this rule effective less than 30 days after available to FAA personnel upon security procedures. The FAA will publication in the Federal Register. request. This will take approximately 10 publish specific procedures that airmen This action is necessary to permit hours annually per airport, for a total of must comply with as Notices to Airman aircraft operations to resume at the 30 hours. (NOTAMs) and in the Airport/Facility affected airports while preventing • After receipt of a notice to modify Directory. The FAA also expects to possible hazardous actions directed its security procedures, an airport publish these procedures on its web site against aircraft, persons, and property operator may either submit modified (www.faa.gov). Persons can obtain within the United States. procedures or request that the FAA specific guidance on complying with, reconsider the modification. This will International Compatibility drafting, or obtaining approval for take approximately 4 hours annually per security procedures by contacting the In keeping with U.S. obligations airport, for a total of 12 hours. Washington Civil Aviation Security under the Convention on International • Each airport manager will need to Field Office specified under FOR Civil Aviation, it is FAA policy to spend 2 hours each to prepare a FURTHER INFORMATION CONTACT. Persons comply with International Civil security-related briefing for all airport can also find guidance on drafting Aviation Organization (ICAO) Standards employees and pilots. This will take security procedures at http:// and Recommended Practices to the approximately 2 hours per airport, for a cas.faa.gov/usa.html. maximum extent practicable. The FAA total of 6 hours. determined that there are no ICAO • Persons seeking to operate to or Waivers Standards and Recommended Practices from the affected airports will need to Paragraph 5 of this SFAR specifies that correspond to this SFAR. provide specific documentation to the that the FAA may issue a waiver if it FAA. This will take a total of Paperwork Reduction Act finds that an operation at an affected approximately 183 hours. airport is in the public interest, can be This emergency rule contains • Persons seeking to operate to or conducted safely, and that an equivalent information collection activities subject from the affected airports will need to level of security can be provided under to the Paperwork Reduction Act (44 go to specified locations to get the terms of the waiver. The FAA notes, U.S.C. 3507(d)). In accordance with the fingerprinted. This will take for instance, that some operators subject Paperwork Reduction Act, the approximately 438 hours. to this SFAR may be implementing paperwork burden associated with the • All persons operating to or from strong security practices that may not rule will be submitted to the Office of these airports will have to file a flight meet the specific provisions of the Management and Budget (OMB) for plan. While the number of flights at SFAR. The FAA may consider whether review. As protection provided by the these airports may decline, the FAA is those or other practices warrant the Paperwork Reduction Act, an agency assuming time and costs based on the grant of a waiver. may not conduct or sponsor, and a historical number of flights from each Official Contacts person is not required to respond to, a airport. This will take approximately collection of information unless it 7,416 hours annually. Due to the emergency nature of this displays a currently valid OMB control • Persons who wish to fly from these rule and the need to develop security number. In accordance with section three airports after they open will need procedures that can be rapidly 3507(j)(1)(b) of that statute, the FAA to receive a briefing and be implemented, the FAA has discussed requested the Office of Management and fingerprinted. This will take the provisions of this SFAR with Budget to grant an immediate approximately 124 hours annually. representatives of the airports affected emergency clearance on a paperwork Based on the above, we estimate the by the SFAR and a number of industry package it has submitted. The collection total annual burden on the public to be associations whose members will also of information was approved and 8,299 hours, with a corresponding be affected by the SFAR. The FAA has assigned OMB Control Number 2120– hourly cost of $255,868. discussed and received information 0677 and expires August 2002. The Economic Analyses regarding security procedures that could following is a summary of the be implemented by these airports from information collection activity. This rulemaking action is taken under the National Association of State Need: This rule will constitute a an emergency situation within the Aviation Officials (NASAO), State of recordkeeping burden for persons meaning of Section 6(a)(3)(D) of Maryland Department of Aviation, conducting operations at specific Executive Order 12866, Regulatory National Business Aviation Association airports in the Washington, DC area. Planning and Review. It also is (NBAA), Aircraft Owners and Pilots Description of Respondents: Airport considered an emergency regulation Association (AOPA), National Air operators, flightcrew members, under Paragraph 11g of the Department Transportation Association (NATA), Maryland State government. of Transportation (DOT) Regulatory Helicopter Association International Estimated Burden: The FAA expects Policies and Procedures. In addition, it (HAI), and individual airport operators. that this rule will affect three airports, is a significant rule within the meaning Information submitted by these the State of Maryland, and persons of the Executive Order and DOT’s
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policies and procedures. No regulatory excluded from preparation of a National (Lat. 38°56′55″ N., Long. 77°20′08″ W.); analysis or evaluation accompanies this Environmental Policy Act (NEPA) thence clockwise along the DCA 15 nautical mile arc to the DCA 022 degree radial at 15 rule. The FAA is not able to assess environmental impact statement. In ° ′ ″ whether this rule will have a significant nautical miles (Lat. 39 06 11 N., Long accordance with FAA Order 1050.1D, 76°57′51″ W.); thence southeast via a line economic impact on a substantial appendix 4, paragraph 4(j) this drawn to the DCA 049 degree radial at 14 number of small entities as defined in rulemaking action qualifies for a nautical miles (Lat. 39°02′18″ N., Long. the Regulatory Flexibility Act of 1980, categorical exclusion. 76°50′38″ W.); thence south via a line drawn as amended. When no notice of to the DCA 064 degree radial at 13 nautical proposed rulemaking has first been Energy Impact miles (Lat. 38°59′01″ N., Long. 76°48′32″ W.); published, no such assessment is The energy impact of this SFAR has thence clockwise along the DCA 13 nautical been assessed in accordance with the mile arc to the DCA 282 degree radial at 13 required for a final rule. The FAA ° ′ ″ recognizes that this rule may impose Energy Policy and Conservation Act nautical miles (Lat. 38 52 14 N., Long 77°18′48″ W.); thence north via a line drawn significant costs on some airports and (EPCA), Public Law 94–163, as amended to the point of the beginning; excluding the aircraft operators. These costs will occur (42 U.S.C. 6362) and FAA Order 1053.1. airspace within a one nautical mile radius of as a result of developing and It has been determined that this SFAR Freeway Airport (W00), Mitchellville, Md. implementing security procedures and is not a major regulatory action under 3. Operating requirements. also as a result of the loss of aircraft and the provisions of the EPCA. (a) Except as specified in paragraph 3(c) of this SFAR, no person may operate an aircraft airport utility incurred when those List of Subjects in 14 CFR Part 91 security procedures are implemented. to or from an airport to which this SFAR applies unless security procedures that meet To ensure the safety and security of Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Security. the provisions of paragraph 4 of this SFAR operations at the affected airports, have been approved by the Administrator for however, the current security threat The Amendment operations at that airport. requires that operators comply with (b) Except as specified in paragraph 3(c) of approved security procedures. For the reasons stated in the this SFAR, each person serving as a required preamble, the Federal Aviation flightcrew member of an aircraft operating to Executive Order 13132, Federalism Administration amends 14 CFR chapter or from an airport to which this SFAR The FAA has analyzed this rule under I as follows: applies must: the principles and criteria of Executive (1) Prior to obtaining authorization to operate to or from the airport, present to the Order 13132, Federalism. The FAA has PART 91—GENERAL OPERATING AND FLIGHT RULES Administrator the following: determined that this action will not (i) A current and valid airman certificate; have a substantial direct effect on the 1. The authority citation for part 91 (ii) A current medical certificate; States, or the relationship between the continues to read as follows: (iii) One form of Government issued national Government and the States, or picture identification; and on the distribution of power and Authority: 49 U.S.C. 106(g), 1155, 40103, (iv) A list containing the make, model, and 40113, 40120, 40101, 44111, 44701, 44709, registration number of each aircraft that the responsibilities among the various 44711; 44712, 44715, 44716, 44717, 44722, levels of government. Therefore, we pilot intends to operate to or from the airport; 46306, 46315, 46316, 46504, 46506–46507, (2) Successfully complete a background have determined that this final rule does 47122, 47508, 47528–47531, articles 12 and check by a law enforcement agency, which not have federalism implications. 29 of the Convention on International Civil may include submission of fingerprints and Aviation (61 stat. 1180). Unfunded Mandates Reform Act the conduct of a criminal history, records 2. Add Special Federal Aviation check. The Unfunded Mandates Reform Act Regulation (SFAR) No. 94 to read as (3) Attend a briefing acceptable to the of 1995 (the Act), enacted as Public Law follows: Administrator that describes procedures for 104–4 on March 22, 1995 is intended, operating to or from the airport; (4) Not have been convicted or found not among other things, to curb the practice SFAR No. 94—Enhanced Security guilty by reason of insanity, in any of imposing unfunded Federal mandates Procedures for Operations at Certain jurisdiction, during the 10 years prior to on State, local, and tribal governments. Airports in the Washington, DC being authorized to operate to or from the Metropolitan Area Special Flight Rules Area Title II of the Act requires each Federal airport, or while authorized to operate to or agency to prepare a written statement 1. Applicability. This Special Federal from the airport, of those crimes specified in assessing the effects of any Federal Aviation Regulation (SFAR) establishes rules § 108.229 (d) of this chapter; mandate in a proposed or final agency for all persons operating an aircraft to or from (5) Not have a record on file with the FAA rule that may result in a $100 million or the following airports located within the of: more expenditure (adjusted annually for airspace designated as the Washington, DC (i) A violation of a prohibited area inflation) in any one year by State, local, Metropolitan Area Special Flight Rules Area: designated under part 73 of this chapter, a (a) College Park Airport (CGS). and tribal governments, in the aggregate, flight restriction established under § 91.141 (b) Potomac Airfield (VKX). of this chapter, or special security or by the private sector; such a mandate (c) Washington Executive/Hyde Field instructions issued under § 99.7 of this is deemed to be a ‘‘significant regulatory (W32). chapter; or action.’’ 2. Definitions. For the purposes of this (ii) More than one violation of a restricted This rule does not contain such a SFAR the following definitions apply: area designated under part 73 of this chapter, mandate. Additionally, the Administrator means the Federal Aviation emergency air traffic rules issued under requirements of Title II of the Unfunded Administrator, the Under Secretary of § 91.139 of this chapter, a temporary flight Mandates Reform Act of 1995 do not Transportation for Security, or any person restriction designated under § 91.137, apply when no notice of proposed delegated the authority of the Federal § 91.138, or § 91.145 of this chapter, an area Aviation Administrator or Under Secretary of rulemaking has first been published. designated under § 91.143 of this chapter, or Transportation for Security. any combination thereof; Accordingly, the FAA has not prepared Washington, DC Metropolitan Area Special (6) Be authorized by the Administrator to a statement under the Act. Flight Rules Area means that airspace within conduct operations to or from the airport; Environmental Analysis an area from the surface up to but not (7) Protect from unauthorized disclosure including Flight Level 180, bounded by a line any identification information issued by the FAA Order 1050.1D defines FAA beginning at the Washington (DCA) VOR/ Administrator for the conduct of operations actions that may be categorically DME 300 degree radial at 15 nautical miles to or from the airport;
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(8) Operate an aircraft that is authorized by provide for the security of aircraft operations compliance with the approved security the Administrator for operations to or from to or from the airport. procedures; and the airport; 4. Airport Security Procedures. (9) Contain any additional procedures (9) File an IFR or VFR flight plan (a) Airport security procedures submitted necessary to provide for the security of telephonically with Leesburg AFSS prior to to the Administrator for approval must: aircraft operations to or from the airport. departure and obtain an ATC clearance prior (1) Identify and provide contact (b) Airport security procedures are to entering the Washington, DC Metropolitan information for the airport manager who is approved without an expiration date and Area Special Flight Rules Area; responsible for ensuring that the security remain in effect unless the Administrator (10) Operate the aircraft in accordance with procedures at the airport are implemented makes a determination that operations at the an open IFR or VFR flight plan while in the and maintained; airport have not been conducted in Washington, DC Metropolitan Area Special (2) Contain procedures to identify those accordance with those procedures or that Flight Rules Area, unless otherwise aircraft eligible to be authorized for those procedures must be amended in authorized by ATC; operations to or from the airport; accordance with paragraph 4.(a)(9) of this (11) Maintain two-way communications (3) Contain procedures to ensure that a SFAR. with an appropriate ATC facility while in the current record of those persons authorized to 5. Waivers. The Administrator may permit Washington, DC Metropolitan Area Special conduct operations to or from the airport and an operation to or from an airport to which Flight Rules Area; the aircraft in which the person is authorized this SFAR applies, in deviation from the (12) Ensure that the aircraft is equipped to conduct those operations is maintained at provisions of this SFAR if the Administrator with an operable transponder with altitude the airport; finds that such action is in the public reporting capability and use an assigned (4) Contain airport arrival and departure interest, provides the level of security discrete beacon code while operating in the route descriptions, air traffic control required by this SFAR, and the operation can Washington, DC Metropolitan Area Special clearance procedures, flight plan be conducted safely under the terms of the Flight Rules Area; requirements, communications procedures, waiver. (13) Comply with any instructions issued and procedures for transponder use; 6. Delegation. The authority of the by ATC for the flight; (5) Contain procedures to monitor the Administrator under this SFAR is also (14) Secure the aircraft after returning to security of aircraft at the airport during exercised by the Associate Administrator for the airport from any flight; operational and non-operational hours and to Civil Aviation Security and the Deputy (15) Comply with all additional safety and alert aircraft owners and operators, airport security requirements specified in applicable operators, and the Administrator of Associate Administrator for Civil Aviation NOTAMs; and unsecured aircraft; Security. This authority may be further (16) Comply with any Transportation (6) Contain procedures to ensure that delegated. Security Administration, or law enforcement security awareness procedures are 7. Expiration. This Special Federal requirements to operate to or from the implemented and maintained at the airport; Aviation Regulation shall remain in effect airport. (7) Contain procedures to ensure that a until February 13, 2003. (c) A person may operate a U.S. Armed copy of the approved security procedures is Issued in Washington, DC on February 12, Forces, law enforcement, or aeromedical maintained at the airport and can be made 2002. services aircraft to or from an affected airport available for inspection upon request of the Jane F. Garvey, provided the operator complies with Administrator; Administrator. paragraphs 3(b)(10) through 3(b)(16) of this (8) Contain procedures to provide the SFAR and any additional procedures Administrator with the means necessary to [FR Doc. 02–3846 Filed 2–13–02; 10:48 am] specified by the Administrator necessary to make any inspection to determine BILLING CODE 4910–13–U
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