FAA Sets DC Flight Special Awareness Training

5 July 2006

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[Federal Register: July 5, 2006 (Volume 71, Number 128)]

[Proposed Rules]

[Page 38118-38125]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05jy06-26]

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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).

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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 Web site 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 September 5, 2006. See

the note in the ``Comments Invited'' 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 and follow

the instructions for sending your comments electronically.

Mail: Docket Management Facility; U.S. Department of

Transportation, 400 Seventh Street, SW., 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, SW., 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, 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 at any time or to Room PL-401 on the plaza level of

the Nassif Building, 400 Seventh Street, SW., 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) 267-3844 or (202) 267-8212; e-mail address:

john.d.lynch@faa.gov.

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.

Today's 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 a.m. and 5 p.m., Monday through Friday,

except Federal holidays. You may also review the docket using

[[Page 38119]]

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

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 FAA's Regulations and Policies Web page at http://

http://www.faa.gov/regulations_policies; or

(3) Accessing the Government Printing Office's 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 SW, 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 ``establish security provisions that will encourage and

allow maximum use of the navigable airspace by civil aircraft

consistent with national security.''

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 FAA's air traffic controllers must divert necessary resources to

monitor the aircraft's 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 airmen's 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 Sec.

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

Office's (GAO) testimony before the U.S. House of Representatives'

Committee on Government Reform (``Agency Resources Address Violations

of Restricted Airspace, but Management Improvements are Needed''),

``general aviation aircraft pilots accounted for about 88% of all

violations of restricted U.S. airspace between September 12,

[[Page 38120]]

2001 and December 31, 2004.'' In addition, GAO noted, ``pilot error is

the biggest contributor to restricted airspace violations.'' 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 Sec. 91.161. 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 pre-condition 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 pilot's 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 FAA's 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

Sec. 91.161?

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, DC Metropolitan Area ADIZ

has involved pilots conducting such operations. Consequently, under

Sec. 91.161(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 Sec. 91.161) would be required.

Why Was the Distance of a ``100 Nautical Miles Radius'' 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 only--(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, DC 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 ``training zone'' 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 Web site (http://www.faasafety.gov

) for this course.

[[Page 38121]]

[GRAPHIC] [TIFF OMITTED] TP05JY06.005

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 Sec. 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 Sec.

91.161 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 ``one-time'' 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 ``Washington, DC Metropolitan

Airspace Training'' on a voluntary basis via its online Web site. The

online training is offered at the following FAA Safety Web site through

``Online Courses'': 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

Web site should enter http://www.faasafety.gov and follow these steps:

1. Enroll in the ``Washington, DC Metropolitan Airspace Training''

at http://www.faasafety.gov. (If you have

[[Page 38122]]

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 Web site for the first time, you will need to register. To

on ``Get Registered Here.''

2. You will next be requested to provide your e-mail address and to

answer the question ``Are you an airman with a current certificate?''

(``You are NOT required to have a current certificate to register'') by

checking the answer ``yes'' or ``no.'' (The following steps will assume

that you are a certificated airman.) Next you should click the command

``Continue.''

3. After clicking the command ``Continue,'' the screen will request

you to input your last name (as it appears on your certificate) in the

box ``Your last name'' and input your pilot certificate number in the

box ``Current Certificate Number.'' Next you should click the command

``Continue.''

4. After clicking the command ``Continue,'' the next screen will

have the following announcement on it: ``Your 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 e-mail 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 e-mail will

be allowed to you from http://www.faasafety.gov. Thank you for

participating in the FAA Safety Program.''

5. Once you check your e-mail for the password that was issued to

you, you will log back onto the FAA Safety Web site at http://www.faasafety.gov

to begin the ``Washington, DC Metropolitan Airspace

Training.''

6. To begin the ``Washington, DC Metropolitan Airspace Training,''

log on to the FAA Safety Web site at http://www.faasafety.gov by

entering your e-mail address and newly issued password.

7. Upon entering your e-mail address and password and after

clicking ``Logon Now,'' you will enter a screen that requests you to

``Establish your Profile.'' In establishing your profile, you will be

asked to review and answer the boxes ``Full Name/Company Name,''

``Email Preference Type,'' ``New Desired Password,'' and ``Confirm New

Password: and then click on the command ``Continue.''

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 ``save'' 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 ``Aviation Learning Center.''

10. Click on ``Online Courses.''

11. Click on ``View the Course Catalog.''

12. Click on ``Washington, DC Metropolitan Airspace Training'' to

begin the online training.

13. Click on ``Register Now'' which will register for the course

and then take you to ``My Courses'' 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, ``Congratulations, you have successfully completed the

FAA's Washington, DC Metropolitan Airspace Training.''

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 Web

site, 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 Web site,

you may contact the FAA's Region Safety Team Manager, (FAASTeam) at

your jurisdictional FSDO for assistance. You can find locations of the

FSDOs on the following Web site: 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 Web site uses browser ``cookies'' 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 Web site.

Screen Resolution

The site is best viewed at 1024x768 screen resolution and above;

although 800x600 will meet the minimum requirements.

[[Page 38123]]

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:

[cir] Washington, DC Metropolitan Area ADIZ (14 CFR part 99 subpart

B).

[cir] Washington, DC Metropolitan Area FRZ.

[cir] Emergency air traffic rules (Sec. 91.139).

[cir] Temporary Flight Restrictions in the--

[ballot] Proximity of the Presidential and other parties (Sec.

91.141).

[ballot] Vicinity of disaster/hazard areas (Sec. 91.137).

[ballot] National disaster areas in the State of Hawaii (Sec.

91.138).

[ballot] Proximity of space flight operations (Sec. 91.143).

[ballot] Aerial demonstrations and major sporting events (Sec.

91.145).

[ballot] Special Security Instructions (Sec. 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

[ballot] Review of the NOTAMs Addressing the Washington, DC

Metropolitan Area ADIZ and FRZ airspace:

[cir] Transpose NOTAM information to a sectional or terminal chart

about the Washington, DC Metropolitan Area ADIZ and FRZ airspace.

[cir] 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:

[cir] Flight plan requirements (for opening & closing flight plans)

for flying in the Washington, DC Metropolitan Area ADIZ and FRZ

airspace.

[cir] 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.

[cir] Equipment requirements for flying in the Washington, DC

Metropolitan Area ADIZ and FRZ airspace.

[cir] Communications requirements & procedures for flying in the

Washington, DC Metropolitan Area ADIZ and FRZ airspace:

[ballot] Whom to contact;

[ballot] What to request from ATC;

[ballot] What to expect from ATC (phraseology, level of service).

[cir] Visual warning system and intercept procedures for the

Washington, DC Metropolitan Area ADIZ and FRZ airspace.

[cir] 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 TSA's 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:

[cir] Use of global positioning system (GPS) to avoid the

Washington, DC Metropolitan Area ADIZ and FRZ airspace.

[cir] Belief that an authorization to fly in an Air Defense

Identification Zone is a Class B clearance.

[cir] ``Early rollover'' to transponder code 1200 / VFR.

[cir] 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 Sec. 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

Web site, will suffice. You would not need to carry

the document with you, but you would be required 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. 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 ``significant

regulatory action'' as defined in section 3(f) of Executive Order

12866, and is ``significant'' 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 rule's training requirements and

the costs to the government of implementing the rule. Over the 10-year

period, the value of pilots' 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

[[Page 38124]]

Washington, DC Metropolitan Area ADIZ. According to the FAA's 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 ``as 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.'' 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

proposal's 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 ``significant regulatory action.'' 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. 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 September 5, 2006, 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 \1/3\ 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

\1/3\ 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

($617,600 + 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

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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 ``significant energy action'' under the executive

order because it is not a ``significant regulatory action'' 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 in 14 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 91--GENERAL 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 Sec. 91.161 to read as follows:

Sec. 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 FAA's 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.

on flying in and around the Washington, DC Metropolitan Area is not a

violation of this section if an emergency is declared by the pilot, as

described under Sec. 91.3(b) of this part, or there was a failure of

two-way radio communications when operating under IFR as described

under Sec. 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.

[FR Doc. 06-5997 Filed 7-3-06; 8:45 am]

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