Federal Register/Vol. 73, No. 242/Tuesday
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Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations 76195 Constitution Avenue, NW., Washington, the States, or on the distribution of Authority for This Rulemaking DC 20230; telephone: (202) 482–4687. power and responsibilities among the The FAA Administrator has broad SUPPLEMENTARY INFORMATION: EDA various levels of government.’’ It has authority to regulate the safe and published an interim final rule (‘‘IFR’’) been determined that this document efficient use of the navigable airspace in the Federal Register (73 FR 62858) on does not contain policies that have (Title 49 United States Code (U.S.C.) October 22, 2008. In March 2007, the federalism implications. 40103). The Administrator is also Office of the Inspector General Dated: December 10, 2008. obligated to issue air traffic rules and published a report titled Aggressive EDA Otto Barry Bird, regulations to govern the flight of Leadership and Oversight Needed to Chief Counsel, Economic Development aircraft, the navigation, protection and Correct Persistent Problems in the RLF Administration. identification of aircraft for the Program. In the time since the [FR Doc. E8–29708 Filed 12–15–08; 8:45 am] protection of persons and property on publication of this report, EDA has BILLING CODE 3510–24–P the ground, and for the efficient use of made significant improvements in the the navigable airspace. The management and oversight of its Administrator is likewise authorized revolving loan fund (‘‘RLF’’) program, and obligated to issue regulations or DEPARTMENT OF TRANSPORTATION including the issuance of written orders assigning the use of the airspace guidance that provides EDA staff with Federal Aviation Administration to ensure the safety of aircraft as well as reasonable steps to help better ensure the efficient use of the airspace. grantee compliance with RLF 14 CFR Parts 1 and 93 Additionally, the Administrator is requirements. EDA published the authorized and obligated to prescribe air interim final rule to synchronize the [Docket No. FAA–2004–17005; Amdt. Nos. traffic regulations for the flight of RLF regulations with that guidance. 1–63 and 93–90] aircraft, to include mandating safe Additionally, EDA published the IFR to RIN 2120–AI17 altitudes, for navigating, protecting, and make changes to certain definitions in identifying aircraft; protecting the Trade Adjustment Assistance for Washington, DC Metropolitan Area individuals and property on the ground; Firms Program regulations set out in 13 Special Flight Rules Area using the navigable airspace efficiently; CFR part 315. The IFR also provided and preventing collision of aircraft with notice of other substantive and non- AGENCY: Federal Aviation other airborne objects, land or water substantive revisions made to the EDA Administration (FAA), DOT. vehicles, or other aircraft. regulations. ACTION: Final rule. The Administrator is authorized and This document extends the deadline obligated to establish security for submitting public comments on the SUMMARY: This action codifies special provisions governing use of and access entire interim final rule from 5 p.m. flight rules and airspace and flight to the navigable airspace by civil (EST) on December 22, 2008 until 5 p.m. restrictions for certain aircraft aircraft, balancing the needs of national (EST) on January 22, 2009. The operations in the Washington, DC security and national defense with the procedure for submitting public Metropolitan Area. The FAA takes this mandate to allow and encourage comments is set forth in the interim action in the interest of national maximum use of the navigable airspace final rule and is not changed by this security. This action is necessary to by civil aircraft. Pursuant to 49 U.S.C. document. The extension of the public enable the Department of Homeland 40103(b)(3)(A), the Administrator is comment period is necessary to provide Security (DHS) and the Department of authorized as well as obligated to additional time for the submission of Defense (DOD) to effectively execute establish areas in the airspace if the public comments and to allow for EDA’s their respective constitutional and Administrator, after consulting with the additional consideration of matters Congressionally-mandated duties to Secretary of Defense, determines doing pertaining to the effective secure, protect, and defend the United so is necessary in the interest of national implementation of the interim final rule. States. security. Since the Department of DATES: Effective February 17, 2009. Executive Order No. 12866 Homeland Security was established in FOR FURTHER INFORMATION CONTACT: For 2002 after the enactment of the statute It has been determined that this final technical questions concerning this final referred to above, the Administrator’s rule is not significant for purposes of rule, contact Ellen Crum, Airspace and need and responsibility to consult with Executive Order 12866. Rules Group, Office of System the Secretary of Homeland Security in Congressional Review Act Operations Airspace and AIM, Federal addition to the Secretary of Defense is consistent with the intent and purpose This document is not ‘‘major’’ under Aviation Administration, 800 of the statute. the Congressional Review Act (5 U.S.C. Independence Ave., SW., Washington, 801 et seq.). DC 20591; telephone (202) 267–8783. List of Abbreviations and Terms For legal questions concerning this Frequently Used in This Document Executive Order No. 13132 final rule, contact C.L. Hattrup, Office of Executive Order 13132 requires the Chief Counsel, Federal Aviation ADIZ—Air Defense Identification Zone Administration, Washington, DC 20591; AOPA—Aircraft Owners and Pilots agencies to develop an accountable Association process to ensure ‘‘meaningful and telephone (202) 385–6124. Questions ATC–Air Traffic Control timely input by State and local officials relating to national security DASSP—DCA Access Standard Security in the development of regulatory determinations relevant to the Program policies that have federalism enactment of this rule, or any matter DCA VOR/DME—Washington, DC VHF implications.’’ ‘‘Policies that have falling under the purview of other U.S. omni-directional range/distance measuring federalism implications’’ is defined in government agencies, will be referred to equipment DHS—Department of Homeland Security Executive Order 13132 to include the Department of Homeland Security, Department of Defense, Department of DOD—Department of Defense regulations that have ‘‘substantial direct FRZ—Flight Restricted Zone effects on the States, on the relationship Justice, or other agency, as appropriate. HSAS—Homeland Security Advisory System between the national government and SUPPLEMENTARY INFORMATION: IFR—Instrument flight rules VerDate Aug<31>2005 15:59 Dec 15, 2008 Jkt 217001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1 mstockstill on PROD1PC66 with RULES_2 76196 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations Maryland Three Airports—College Park 9. Alternatives considered prior to permitted to enter the prohibited areas Airport, Potomac Airfield, and Washington implementation of the DC SFRA already designated under 14 CFR part Executive/Hyde Field 10. Threat analysis for the Washington, DC 73 for portions of the District of NCR—National Capital Region area Columbia, including the White House, NCRCC—National Capital Region 11. Treating unintentional airspace the U.S. Capitol building, and the U.S. Coordination Center incursions as security threats NM—Nautical mile B. Safety and Operational Issues Naval Observatory. NOTAM—Notice to Airmen 1. Frequencies are congested, and B. DC Area Airspace Operations After NPRM—Notice of Proposed Rulemaking controllers are overburdened and September 11, 2001 ODNI—Office of the Director of National distracted Intelligence 2. Too many aircraft congregate around the In immediate response to the PCT—Potomac Terminal Radar Approach same fixes while awaiting assignment of September 11, 2001 attacks, the FAA Control (Potomac TRACON) a discrete transponder code implemented numerous temporary SFRA—Special Flight Rules Area 3. The DC SFRA forces pilots to fly over flight restrictions (TFRs) across the TFR—Temporary flight restriction water and mountainous areas TSA—Transportation Security United States in the interest of national 4. Pilots are afraid to engage in training/ security under 49 U.S.C. 40103(b)(3). Administration proficiency flying activities around the VFR—Visual flight rules Civilian airports in the NCR were closed DC SFRA to commercial and general aviation Table of Contents 5. Safety is compromised because the DC SFRA requires more complex skills operations while defense and law I. Overview enforcement agencies assessed the risk A. DC Area Airspace Operations Before 6. Delays in obtaining authorization to re- enter the DC SFRA cause safety problems of further terrorist activity. In addition, September 11, 2001 a 25-nautical-mile-radius (NM) TFR B. DC Area Airspace Operations After 7. DC SFRA procedures are a distraction to September 11, 2001 pilots, who should be focused on area, extending from the surface to C. National Security Initiatives scanning for other aircraft 18,000 feet around Washington, DC, was D. The FAA’s Role 8. The configuration of the DC SFRA is established. Eventually, commercial E. The 2003 NOTAM difficult for pilots to navigate flight activities were allowed to resume F. The 2005 Proposed Rule 9. Reduced airport services reduce options in