4910-13

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2006-25250; Notice No. 06-08]

RIN 2120-AI63

Special Awareness Training for the Washington, DC Metropolitan Area  

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Notice of proposed rulemaking (NPRM).

SUMMARY:  This proposed rule would require special awareness training
for any person who flies under visual flight rules (VFR) within
100 nautical miles of the Washington, DC VHF omni-directional
range/distance measuring equipment (DCA VOR/DME).  This training program
is provided by the FAA on its website and focuses primarily on training
pilots on the procedures for flying in and around the Washington, DC
Metropolitan Area Defense Identification Zone (ADIZ) and the Washington,
DC Metropolitan Area Flight Restricted Zone (FRZ).  The intended effect
of this proposed rule is to reduce the number of unauthorized flights
into the airspace of the Washington, DC Metropolitan Area ADIZ and FRZ
through education of the pilot community.  

DATES:  Comments must be received on or before [insert date 60 days from
publication in the Federal Register].  See the note in the “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   HYPERLINK "http://dms.dot.gov" 
http://dms.dot.gov  and follow the instructions for sending your
comments electronically.

Mail:  Docket Management Facility; US Department of Transportation, 400
Seventh Street, S.W., Nassif Building, Room PL-401, Washington, DC
20590-0001.

Fax:  1-202-493-2251.

Hand Delivery:  Room PL-401 on the plaza level of the Nassif Building,
400 Seventh Street, S.W., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

Privacy:  We will post all comments we receive, without change, to  
HYPERLINK "http://dms.dot.gov"  http://dms.dot.gov , including any
personal information you provide.  For more information, see the Privacy
Act discussion in the SUPPLEMENTARY INFORMATION section of this
document.

Docket:  To read background documents or comments received, go to  
HYPERLINK "http://dms.dot.gov"  http://dms.dot.gov  at any time or to
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, S.W., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:  John D. Lynch, Certification and
General Aviation Operations Branch, AFS-810, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW, Washington, DC 20591;
telephone: (202) 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 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.  You may also review the docket using the
Internet at the web address in the ADDRESSES section.

Privacy Act:  Using the search function of our docket web site, anyone
can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing the
comment on behalf of an association, business, labor union, etc.). You
may review DOT's complete Privacy Act Statement in the Federal Register
of April 11, 2000 (65 FR 19477-78) or you may visit   HYPERLINK
"http://dms.dot.gov"  http://dms.dot.gov .

Before acting on this proposal, we will consider all comments we receive
on or before the closing date for comments.  We will consider comments
filed late if it is possible to do so without incurring expense or
delay.  We may change this proposed rule in light of the comments we
receive.

If you want the FAA to acknowledge receipt of your comments on this
proposed rule, include with your comments a pre-addressed, stamped
postcard on which the docket number appears.  We will stamp the date on
the postcard and mail it to you.

Availability of Rulemaking Documents

You can get an electronic copy using the Internet by:

(1)  Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search);

(2) Visiting the FAA’s Regulations and Policies web page at
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
S.W, Washington, DC  20591, or by calling (202) 267-9680.  Make sure
to identify the docket number, notice number, or amendment number of
this rulemaking.

Authority for This Rulemaking

The Department of Transportation (DOT) has the responsibility, under the
laws of the United States, to develop transportation policies and
programs that contribute to providing fast, safe, efficient, and
convenient transportation (49 U.S.C. 101).  The FAA is an agency of DOT.
 The Administrator of the FAA has broad authority to regulate the safe
and efficient use of the navigable airspace (49 U.S.C. 40103).    The
Administrator also is authorized to issue air traffic rules and
regulations to govern the flight of aircraft, the navigation, protection
and identification of aircraft for the protection of persons and
property on the ground, and for the efficient use of navigable airspace.
 Additionally, pursuant to 49 U.S.C. 40103(b)(3) the Administrator has
the authority, in consultation with the Secretary of Defense, to
“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 § 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, 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 §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
§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 D.C. Metropolitan Area ADIZ has involved
pilots conducting such operations.  Consequently, under §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 § 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, D.C. Metropolitan Area ADIZ. 
We, however, believe that each of these alternatives is either overly
broad or unduly complex.

The airspace 100 nautical miles from the DCA VOR/DME would not appear on
the Washington, DC sectional aeronautical chart.  Pilots, however, could
easily plot the “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 website (http://www.faasafety.gov)
for this course. 



DIAGRAM 1



Would this training apply to me if I intended to fly IFR but cancelled
my IFR clearance and proceeded VFR?

We recognize there may be instances when a pilot operating under IFR
must cancel an IFR clearance and continue the flight under VFR.  For
example, a pilot may be flying under IFR within the 100-nautical mile
radius of the DCA VOR/DME, but due to radio or instrument equipment
problems, must cancel IFR clearance and proceed under VFR.  Under that
scenario, the failure to complete the special awareness-training program
required under proposed § 91.161would not be a violation of the
federal regulations.  Additionally, in an in-flight emergency situation,
the pilot in command could deviate from any rule under part 91 to the
extent necessary to meet that emergency.  See 14 CFR 91.3(b).  The FAA,
however, may investigate the situation and request that the pilot
provide a written explanation for the deviation.  

In contrast, if a pilot of his or her own volition cancelled the IFR
clearance while operating within the 100-nautical mile radius of the DCA
VOR/DME and proceeded VFR, then the requirements under §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 website. The
online training is offered at the following FAA Safety website through
“Online Courses”:    HYPERLINK "http://www.faasafety.gov" 
http://www.faasafety.gov .  If this proposed rule is adopted, this
training will become mandatory.  

Persons wishing to take the voluntary training via this FAA Safety
website should enter   HYPERLINK "http://www.faasafety.gov " 
http://www.faasafety.gov  and follow these steps: 

1.  Enroll in the “Washington, DC Metropolitan Airspace Training” at
  HYPERLINK "http://www.faasafety.gov"  http://www.faasafety.gov .   (If
you have already registered with http://www.faasafety.gov, sign in using
your e-mail address and password and go to step 9 below.)  When entering
this FAA Safety website for the first time, you will need to register. 
To register, you must follow the following step-by-step procedure: 
Click on “Get Registered Here.”  

2.  You will next be requested to provide your email 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 email for your password. You can
then log in and begin setting up your notification preferences. Be sure
to check any spam-blocking software to make sure that email will be
allowed to you from http://www.faasafety.gov.  Thank you for
participating in the FAA Safety Program.”

5.  Once you check your email for the password that was issued to you,
you will log back onto the FAA Safety website at   HYPERLINK
"http://www.faasafety.gov "  http://www.faasafety.gov  to begin the
“Washington, DC Metropolitan Airspace Training.”

6.  To begin the “Washington, DC Metropolitan Airspace Training,”
logon to the FAA Safety website at   HYPERLINK "http://www.faasafety.gov
"  http://www.faasafety.gov  by entering your email address and newly
issued password.

7.  Upon entering your email address and password and after clicking
“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
website, or (after providing appropriate identification) requesting a
duplicate Certificate of Training Completion from your local Flight
Standards District Office (FSDO).  You will not have to repeat the
training program.

If you should experience any problems with the FAA Safety website, you
may contact the FAA’s Region Safety Team Manager, (FAASTeam) at your
jurisdictional FSDO for assistance.  You can find locations of the FSDOs
on the following website: 
http://www.faa.gov/about/office_org/field_offices/fsdo/. 

Would my name be kept on a national registry of persons who completed
the Washington, DC Metropolitan Area Training?

The FAA would maintain a national registry of persons who completed our
Washington, DC Metropolitan Area training.  The registry would identify
you by name and pilot certificate number.

How much would this training cost me?

We would provide this training free of charge.  Any person who has
access to a personal computer and the Internet could receive this
training.  A person who does not own a personal computer should have
access to a computer and the Internet through a local community library.
 However, if you do not have access to a computer, then you could
complete the training free of charge by attending an FAA Safety Program
Seminar presented by your local FSDO. 

What kind of software must I have on my computer to take the training
online?

Web Browser: 

Although most PC & MAC based browsers will be able to access the site,
we recommend using Microsoft Internet Explorer 5.5 or above. IE 6.0 and
above is preferred. The IE browser can be downloaded for free at:

http://www.microsoft.com/windows/ie/downloads/critical/ie6sp1/default.as
p

You need to have JavaScript enabled and be able to accept cookies. These
features are enabled by default.  These settings can be modified by
going to the advanced features under the Internet options tab.  The
http://www.faasafety.gov website uses browser “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 website.

Screen Resolution:  

The site is best viewed at 1024 x 768 screen resolution and above;
although 800x600 will meet the minimum requirements.

What would be the subject areas of the training? 

The training curriculum focuses on procedures for flying in and around
the Washington, DC Metropolitan Area ADIZ and FRZ.  The course consists
of approximately 1 hour of aeronautical knowledge training.  The
training also includes an aeronautical knowledge test.  The curriculum
covers--

Airspace Restrictions: 

Washington, DC Metropolitan Area ADIZ   (14 CFR part 99 subpart B).

Washington, DC Metropolitan Area FRZ.

Emergency air traffic rules (§ 91.139).  

Temporary Flight Restrictions in the-- 

Proximity of the Presidential and other parties (§ 91.141). 

Vicinity of disaster/hazard areas (§ 91.137).

National disaster areas in the State of Hawaii (§ 91.138).

Proximity of space flight operations (§ 91.143).  

Aerial demonstrations and major sporting events (§ 91.145).

Special Security Instructions (§ 99.7).  

Obtaining Information About Airspace Restrictions 

Accessing the NOTAM System--Identification of the distribution
mechanisms to alerting pilots about NOTAMs, including how to obtain
information from the Direct User Access System (DUATS), FAA website,
AOPA TFR sites

Review of the NOTAMs Addressing the Washington, DC Metropolitan Area
ADIZ and FRZ airspace:

Transpose NOTAM information to a sectional or terminal chart about the
Washington, DC Metropolitan Area ADIZ and FRZ airspace.

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:

Flight plan requirements (for opening & closing flight plans) for flying
in the Washington, DC Metropolitan Area ADIZ and FRZ airspace.

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.  

Equipment requirements for flying in the Washington, DC Metropolitan
Area ADIZ and FRZ airspace.

Communications requirements & procedures for flying in the Washington,
DC Metropolitan Area ADIZ and FRZ airspace:

Whom to contact;

What to request from ATC;

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

Visual warning system and intercept procedures for the Washington, DC
Metropolitan Area ADIZ and FRZ airspace.

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: 

Use of global positioning system (GPS) to avoid the Washington, DC
Metropolitan Area ADIZ and FRZ airspace.

Belief that an authorization to fly in an Air Defense Identification
Zone is a Class B clearance.

“Early rollover” to transponder code 1200 / VFR.

Unfamiliarity with filing an IFR flight plan en route to obtain an ATC
clearance through the Washington, DC Metropolitan Area ADIZ and FRZ when
having to avoid adverse weather conditions.

The operational requirements set forth under § 91.161

When would I be required to show that I have completed this special
awareness training program?

Upon request from a representative of the Administrator, an authorized
representative of the National Transportation Safety Board, any Federal,
State, or local law enforcement officer, or an authorized representative
of the Transportation Security Administration, you would be required to
provide documentation that showed that you completed the special
awareness training course.  A copy of your Certificate of Training
Completion, which can be downloaded from the   HYPERLINK
"http://www.faasafety.gov"  http://www.faasafety.gov  website, will
suffice. You would not need to carry the document with you, but you
would be 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. sections 2531-2533) prohibits agencies
from setting standards that create unnecessary obstacles to the foreign
commerce of the United States.  In developing U.S. standards, this Trade
Act requires agencies to consider international standards and, where
appropriate, to be the basis of U.S. standards.  Fourth, the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector, of $100 million or more annually
(adjusted for inflation).

In conducting these analyses, FAA has determined this proposed rule: 
(1) Has benefits that justify its costs, is a “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
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. section 3507(d)).  As required by the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)), the FAA has submitted a copy of these sections
to the Office of Management and Budget for its review.    

Individuals and organizations may submit comments on the information
collection requirement by [insert date 60 days after publication in the
Federal Register], and should direct them to the address listed in the
ADDRESSES section of this document.

A description of the annual burden is shown below.

Description of Respondents:  The FAA estimates that approximately 60,000
persons that fly under VFR within 100 nautical miles of the DCA VOR/DME
would be affected by the proposed rule, and that the population of
affected persons would grow by approximately 1.32 percent per year.

Estimated Burden:  We assume that each person would spend 20 minutes
taking the test, at a cost of time of $30.88 per hour.  We estimate that
the first-year cost would be $617,600 (60,000 persons X $30.88 per
hour), and time spent during the first year would be 20,000 hours
(60,000 persons X 1/3rd hour).  We estimate that in subsequent years,
the per-year costs would be $8,574 (833 persons X $30.88 per hour), and
time spent during subsequent years would be 277.67 hours (833 persons X
1/3rd hour).

The total cost over 10 years is expected to be $694,766.00 ($617,600 +9
X $8,574), with an average cost per year of $69,477 ($617600 +9 X
$8,574)/10).

The total number of hours over 10 years is expected to be 22,499 hours
(20,000 + 9 X 277.67), with an average cost per year of 2,250 hours
(20,000 +9 X 278)/10).

International Compatibility 

In keeping with U.S. obligations under the Convention on International
Civil Aviation, it is FAA policy to comply with International Civil
Aviation Organization (ICAO) Standards and Recommended Practices to the
maximum extent practicable.  The FAA has determined that there are no
ICAO Standards and Recommended Practices that correspond to these
proposed regulations.

Environmental Analysis

FAA Order 1050.1E defines FAA actions that are categorically excluded
from the preparation of an environmental assessment or environmental
impact statement under the National Environmental Policy Act in the
absence of extraordinary circumstances.  The FAA has determined that
this proposed rulemaking action qualifies for the categorical exclusion
identified in paragraph 312f of FAA Order 1050.1E and involves no
extraordinary circumstances.  

Regulations that Significantly Affect Energy Supply, Distribution, or
Use

The FAA has analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001).  The FAA has determined that this
is not a “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 in14 CFR Part 91

Air traffic control, Aircraft, Airmen, Airports, Aviation Safety, Noise
control, Reporting and recordkeeping requirements.

The Proposed Rule 

In consideration of the foregoing, the Federal Aviation Administration
proposes to amend chapter I of title 14 Code of Federal Regulations as
follows: 

PART 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 §91.161 to read as follows:

§ 91.161  Additional requirements for persons flying under visual
flight rules within 100 nautical miles of the DCA VOR/DME.

(a)  Except as provided under paragraph (d) of this section, no person
may operate an aircraft within 100 nautical miles of the Washington, DC
VHF omni-directional range/distance measuring equipment (DCA VOR/DME)
under visual flight rules (VFR) without having completed the 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.

(c)  The failure to complete the special awareness training course on
flying in and around the Washington, DC Metropolitan Area is not a
violation of this section if an emergency is declared by the pilot, as
described under § 91.3(b) of this part, or there was a failure of
two-way radio communications when operating under IFR as described under
§ 91.185 of this part.



(d)  If a person is conducting an aeromedical operation or an official
flight for the U.S. Armed Forces or a law enforcement agency within the
airspace of 100 nautical miles from the Washington, DC VHF
omni-directional range/distance measuring equipment (DCA VOR/DME), the
requirements of this section do not apply.  

Issued in Washington, DC, on June 27, 2006.

John M. Allen,

Deputy Director, Flight Standards Service

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