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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 VerDate 11<MAY>2000 14:55 Feb 15, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19FER2.SGM pfrm07 PsN: 19FER2 7538 Federal Register / Vol. 67, No. 33 / Tuesday, February 19, 2002 / Rules and Regulations 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 VerDate 11<MAY>2000 16:00 Feb 15, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19FER2.SGM pfrm02 PsN: 19FER2 Federal Register / Vol. 67, No. 33 / Tuesday, February 19, 2002 / Rules and Regulations 7539 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).