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Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC Metropolitan Area Special Flight Rules Area

 
[Federal Register: February 19, 2002 (Volume 67, Number 33)]
[Rules and Regulations]
[Page 7537-7545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe02-15]

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2002-11580; SFAR 94]
RIN 2120-AH62
 
Enhanced Security Procedures for Operations at Certain Airports 
in the Washington, DC Metropolitan Area Special Flight Rules Area

AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule, request for comments.

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SUMMARY: This action requires any person operating an aircraft to or 
from College Park Airport (CGS), Potomac Airfield (VKX), and Washington 
Executive/Hyde Field (W32) to conduct those operations in accordance 
with security procedures approved by the Administrator. Operations 
under 14 CFR part 91 have been prohibited at these airports as a result 
of Notices to Airmen (NOTAMs) issued after September 11, 2001. This 
action is being taken to restore aircraft operations at these airports 
while attempting to counter possible terrorist threats to the National 
Capital region.

DATES: This action is effective February 13, 2002, and shall remain in 
effect until February 13, 2003. Submit comments by April 22, 2002.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW, 
Washington, DC 20590. You must identify the docket number FAA-2002-
11580 at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that the 
FAA received your comments, include a self-addressed, stamped postcard. 
You may also submit comments through the Internet to http://
dms.dot.gov. Exit E.P.A.
    You may review the public docket containing comments to these 
regulations in person in the Dockets Office between 9:00 a.m. and 
5:00p.m., Monday through Friday, except Federal holidays. The Dockets 
Office is on the plaza level of the NASSIF Building at the Department 
of Transportation at the above address. You may also review public 
dockets on the Internet at 
http://dms.dot.gov. Exit E.P.A.

FOR FURTHER INFORMATION CONTACT: Questions on this rulemaking: Bruce 
Landry, ACP-200, Office of Civil Aviation Security Policy and Planning, 
Federal Aviation Administration, 800 Independence Avenue, SW, 
Washington, DC 20591; telephone (202) 267-8320.
    Questions on security procedures and obtaining security procedure 
approval or waivers: Washington Civil Aviation Security Field Office 
(WAS CASFO), Washington Dulles International Airport, 45005 Aviation 
Drive Suite 110, Washington, DC 20166; telephone (703) 661-6070. You 
can also find guidance on drafting security procedures at 
http://cas.faa.gov/usa.html. Exit E.P.A.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This final rule is being adopted without prior notice and prior 
public comment. The Regulatory Policies and Procedures of the 
Department of Transportation (DOT) (44 FR 1134; Feb 26, 1979) provide 
that, to the maximum extent possible, operating administrations for the 
DOT should provide an opportunity for public comment on regulations 
issued without notice. Accordingly, interested persons are invited to 
participate in the rulemaking by submitting written data, views, or 
arguments. Comments relating to the environmental, energy, federalism, 
or economic impact that might result from this amendment also are 
invited. Comments must include the docket number or amendment number 
and must be submitted in duplicate to the address above. All comments 
received, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking, will be filed in 
the public docket. The docket is available for public inspection before 
and after the comment closing date.
    The FAA will consider all comments received on or before the 
closing date for comments. Late-filed comments will be considered to 
the extent practicable. The final rule may be amended in light of the 
comments received.
    See ADDRESSES above for information on how to submit comments.

Availability of This Action

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to search function of the Department of Transportation's 
electronic Docket Management System (DMS) Web page (http://dms.dot.gov/
search). Exit E.P.A.
    (2) On the search page type in the last five digits of the docket 
number shown at the beginning of this document. Click on ``search.''
    (3) On the next page, which contains the docket summary information 
for the Docket you selected, click on the final rule.
    You can also get an electronic copy using the Internet through 
FAA's web page at http://www.faa.gov/avr/armhome.htm Exit E.P.A. or the Government 
Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/
aces140.html. Exit E.P.A.
    You can also get a copy by submitting 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. Be sure 
to identify the amendment number or docket number of this final rule.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within the FAA's jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact its local FAA official. 
Internet users can find additional information on SBREFA on the FAA's 
web page at http:www.faa.gov/avr/arm/sbrefa.htm Exit E.P.A. and send electronic 
inquiries to the following Internet address: 9-AWA-SBREFA@faa.gov.

Background

    After the September 11, 2001, terrorist attacks against four U.S. 
commercial aircraft resulting in the tragic loss of human life at the 
World Trade Center, the Pentagon, and in southwest Pennsylvania, the 
FAA immediately prohibited all aircraft operations within the 
territorial airspace of the United States, with the exception of 
certain military, law enforcement, and emergency related aircraft 
operations. This general prohibition was lifted in part on September 
13, 2001. In the Washington, DC Metropolitan area, however, aircraft 
operations remained prohibited at all civil airports within a 25-
nautical mile radius of the Washington (DCA) VOR/DME. This action was 
accomplished through emergency air traffic rules issued pursuant to 
title 14, Code of Federal Regulations (14 CFR) 91.139 and the 
implementation of temporary flight restrictions (TFRs) issued pursuant 
to 14 CFR 91.137.
    On October 4, 2001, limited air carrier operations were permitted 
to resume at Ronald Reagan Washington National Airport (DCA). On 
October 5, 2001, the FAA issued NOTAM 1/0989, which authorized 
instrument flight rules (IFR) operations and limited visual flight 
rules (VFR) operations within an 18 to 25 nautical mile radius from the 
DCA

[[Page 7539]]

VOR/DME in accordance with emergency air traffic rules issued under 14 
CFR 91.139. Exceptions to the restrictions affecting part 91 operations 
in the Washington, DC area issued since September 11th were made to 
permit the repositioning of aircraft from airports within the area of 
the TFR and to permit certain operations conducted under waivers issued 
by the FAA.
    On December 19, 2001, the FAA canceled NOTAM 1/0989 and issued 
NOTAM 1/3354 that set forth special security instructions under 14 CFR 
99.7 and created a new TFR under 14 CFR 91.137. That action 
significantly decreased the size of the area subject to the earlier 
prohibitions on part 91 operations in the Washington, DC area and 
permitted operations at Freeway (W00), Maryland (2W5), and Suburban 
(W18) airports. At the same time, the FAA eliminated all ``enhanced 
Class B airspace flight restrictions'' Enhanced Class B airspace 
consisted of that airspace underlying and overlying Class B airspace 
from the surface to flight level 180. The associated rules and/or the 
services prescribed for Class B airspace and the underlying/overlying 
airspace were not changed by the imposition or elimination of Enhanced 
Class B airspace flight restrictions.
    Although many of the restrictions on operations in the Washington, 
DC area have been eliminated, NOTAM 1/3354 continues to prohibit 
aircraft operations under part 91 at College Park Airport, Potomac 
Airfield, and Washington Executive/Hyde Field. In 2000, approximately 
89,000 part 91operations were conducted from these airports. The 
current restrictions have caused significant economic hardship for 
these airport operators, aircraft owners and operators based at the 
airports, and businesses located on, or dependent upon, the continued 
operation of the airports. These operational restrictions have remained 
in effect longer than the restrictions imposed in other areas because 
of the proximity of the airports to the significant number of critical 
government assets in the National Capital region and the continuing 
threat to that area.
    After discussions with the National Security Council, the United 
States Secret Service, the Department of Defense, and the Office of 
Homeland Security, it was determined that national security concerns 
regarding operations at College Park Airport, Potomac Airfield, and 
Washington Executive/Hyde Field could be addressed by permitting 
operations at these airports in accordance with the air traffic and 
security procedures set forth in this SFAR. Applying the restrictions 
in this SFAR to operations to or from these airports will help to 
protect critical national assets against an airborne threat while 
permitting the resumption of operations at these airports. This action 
is taken in accordance with the Administrator's statutory mandate found 
in section 44701(a)(5) of Title 49, United States Code (49 U.S.C.) to 
promote the safe flight of civil aircraft in air commerce by 
prescribing regulations and minimum standards necessary for safety in 
air commerce and national security.

Justification for Emergency Final Rule

    Because flight operations at airports affected by this SFAR have 
been prohibited since September 11, 2001, and in recognition of the 
need to restore operations at these airports in a manner that responds 
to the current security threat, the FAA is adopting this SFAR as an 
emergency final rule pursuant to section 553 of the Administrative 
Procedures Act (APA). Section 553(b)(B) of the APA permits an agency to 
forego notice and comment rulemaking when ``the agency for good cause 
finds * * *  that notice and public procedures thereon are 
impracticable, unnecessary or contrary to the public interest.'' The 
FAA finds that the use of notice and public procedures for this SFAR is 
impracticable and contrary to the public interest. The use of notice 
and comment procedures prior to issuing this final rule would only 
delay the relief provided by this SFAR to airport operators, aircraft 
operators, and businesses affected by the prohibition on operations at 
the affected airports. A delay would significantly increase the 
economic burden on persons conducting operations that have been 
prohibited under previous actions enacted without notice and public 
comment and possibly result in the permanent closure of affected 
airports. As previously noted, however, the FAA is requesting comments 
on this SFAR and may modify the rule in response to these comments.

Discussion

Affected Airports and Operations

    This SFAR requires each person operating an aircraft to or from 
College Park Airport (CGS), Potomac Airfield (VKX), and Washington 
Executive/Hyde Field (W32) to comply with specified air traffic 
procedures and security procedures approved by the Administrator. As a 
general operating rule, its provisions apply to any person operating an 
aircraft to or from one of these airports. It affects all aircraft 
operations at these airports, including those conducted under 14 CFR 
part 91, those for which an air carrier or an operating certificate may 
be issued under 14 CFR part 119 (14 CFR parts 121, 125, and 135), and 
those which may be conducted under part 129, 133, or 137.
    The provisions of this rule do not apply to the operation of 
ultralight vehicles, which must be conducted in accordance with 14 CFR 
part 103. Part 103 contains prohibitions on the operation of ultralight 
vehicles in certain airspace, including both prohibited and restricted 
areas, and other areas designated by NOTAM. Operators of ultralight 
vehicles should review current NOTAMs to determine the status of 
ultralight operations at these airports and within the special flight 
rules area.
    Although the FAA considered including operations to or from other 
airports within the Washington, DC Metropolitan Area Special Flight 
Rules Area under the provisions of this rule, only operations to or 
from the three airports specified in this SFAR are subject to its 
provisions. The FAA intends to specifically address air traffic and 
security procedures for part 91 operations at other airports within the 
Washington, DC Metropolitan Area Special Flight Rules Area in future 
actions.
    In formulating this rule, the FAA considered retaining the current 
prohibition on operations to and from these airports and permitting 
operations at these airports with operational restrictions more 
stringent than those imposed by this rule. The FAA has determined, 
however, that it is inappropriate and unnecessary to continue the 
current prohibition on operations at these airports, and that the costs 
of imposing more restrictive measures on such operations would far 
outweigh any potential benefits.

Definitions

    For the purpose of this rule, the FAA defines the terms 
``Administrator'' and ``Washington, DC Metropolitan Area Special Flight 
Rules Area.''
    The definition of ``Administrator'' is similar to the definition of 
``Administrator'' contained in 14 CFR 1.1. The definition includes a 
reference to the Under Secretary of Transportation for Security, which 
clarifies that the Under Secretary may also take any of those actions 
that may be taken by the Administrator under this rule.
    The SFAR also defines the Washington, DC Metropolitan Area Special 
Flight Rules Area. The airspace defined as the Washington, DC 
Metropolitan Area Special Flight Rules

[[Page 7540]]

Area generally approximates an area that varies in distance from 13-to-
15 nautical miles from the Washington (DCA) VOR/DME (with specific 
exclusions to permit operations at Freeway airport (W00) and a VFR 
corridor between Washington and Baltimore).

Operating Requirements

    Under the provisions of this SFAR, no person may operate an 
aircraft to or from an affected airport unless security procedures have 
been approved by the Administrator for operations at that airport. 
Additionally, each person serving as a required flightcrew member of an 
aircraft operating to or from an affected airport must provide certain 
information to the Administrator, meet certain background requirements, 
comply with specified air traffic rules, and comply with the approved 
security procedures for operations at those airports.
    This SFAR does not impose information collection requirements on 
persons intending to operate to or from the affected airports. Rather, 
the FAA is requiring those persons to present their airman and medical 
certificates and picture identifications to ensure that the FAA can 
properly confirm their identities. This identification information will 
be shared with the United States Secret Service, the Transportation 
Security Administration (TSA), and other law enforcement authorities to 
facilitate security checks, background investigations, and criminal 
records checks necessary to permit a person to receive authorization to 
operate to or from an airport.
    This SFAR requires a person seeking authorization to operate to or 
from an affected airport to successfully complete a background check by 
a law enforcement agency. This check routinely requires the submission 
of fingerprints and the conduct of a criminal history records check. 
The completion of a background check, which includes the collection of 
fingerprints and the conduct of a criminal history records check, will 
be conducted under the authority provided to the Under Secretary of 
Transportation for Security in section 101 of the Aviation and 
Transportation Security Act (Pub. L. 107-71) as codified in 49 U.S.C. 
114(f)(2)(3) and (5). That section states that the Under Secretary has 
the authority to ``assess threats to transportation; develop policies, 
strategies and plans for dealing with threats to transportation 
security; [and]
serve as the primary liaison to the intelligence and 
law enforcement communities.''
    Any person seeking authorization to operate to or from an affected 
airport will also be required to identify any aircraft that he or she 
intends to fly to or from that airport. This information will be 
correlated with a list of aircraft based at the airport. This list will 
be provided to the FAA in accordance with an affected airport's 
approved security procedures. The FAA initially intends to authorize 
operations of those aircraft based at an airport on September 11, 2001. 
After a procedural validation period, the FAA may authorize operations 
to or from an affected airport by persons operating aircraft not based 
at the airport.
    Persons seeking to operate to or from an affected airport can 
present the information required by this rule in person to the 
Washington Civil Aviation Security Field Office (CASFO). To minimize 
the administrative burden of this procedure, the FAA will have 
personnel at the affected airports or other local venues to accept this 
information at specified times.
    This SFAR also requires each person seeking authorization to attend 
a briefing that will describe procedures for operating to or from the 
airport. The requirement to attend a briefing stems from the FAA's 
recognition of the criticality of ensuring full compliance with the 
provisions of this SFAR. To ensure all authorized persons understand 
their responsibilities under this SFAR, attendance at a briefing is a 
prerequisite to conducting operations at an affected airport. These 
briefings initially will be presented by FAA Civil Aviation Security, 
Flight Standards, and Air Traffic Services personnel, and 
representatives of the Secret Service. The FAA will provide the widest 
possible dissemination of information specifying the time and place of 
these briefings. After an initial validation period, the FAA may permit 
persons responsible for implementing approved security procedures at 
affected airports or other specified individuals to give these 
briefings.
    To minimize the possibility that a person inclined to engage in an 
action that might constitute a threat to government assets contained in 
the National Capital region, the SFAR requires that a person not have 
been convicted, or found not guilty by reason of insanity, in any 
jurisdiction of certain crimes during the 10 years prior to being 
authorized to operate to or from the airport, or while authorized to 
operate to or from the airport. The information and fingerprints 
provided by a person seeking to operate to or from an affected airport 
will be used to facilitate the conduct of criminal records history 
checks by TSA, or other delegated law enforcement agencies to verify 
that this requirement has been met. Those crimes which would disqualify 
an individual from conducting operations at an affected airport are 
identical to those specified in 14 CFR 108.229(d) under the authority 
provided by 49 U.S.C. 44936. Section 108.229(d) applies to employees 
covered under a certification made to certain airport operators under 
14 CFR part 107, individuals issued identification for unescorted 
access within a security identification display area (SIDA), and 
certain individuals assigned to perform or supervise screening 
functions.
    The disqualifying criminal offenses are as follows--
    (1) Forgery of certificates, false marking of aircraft, and other 
aircraft registration violation; 49 U.S.C. 46306.
    (2) Interference with air navigation; 49 U.S.C. 46308.
    (3) Improper transportation of a hazardous material; 49 U.S.C. 
46312.
    (4) Aircraft piracy; 49 U.S.C. 46502.
    (5) Interference with flight crew members or flight attendants; 49 
U.S.C.
    46504.
    (6) Commission of certain crimes aboard aircraft in flight; 49 
U.S.C. 46506.
    (7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 
46505.
    (8) Conveying false information and threats; 49 U.S.C. 46507.
    (9) Aircraft piracy outside the special aircraft jurisdiction of 
the United
    States; 49 U.S.C. 46502(b).
    (10) Aircraft lighting violations involving transporting controlled 
substances; 49 U.S.C. 46315.
    (11) Unlawful entry into an aircraft or airport area that serves 
air carriers or foreign air carriers contrary to established security 
requirements; 49 U.S.C. 46314.
    (12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
    (13) Murder.
    (14) Assault with intent to murder.
    (15) Espionage.
    (16) Sedition.
    (17) Kidnapping or hostage taking.
    (18) Treason.
    (19) Rape or aggravated sexual abuse.
    (20) Unlawful possession, use, sale, distribution, or manufacture 
of an explosive or weapon.
    (21) Extortion.
    (22) Armed or felony unarmed robbery.
    (23) Distribution of, or intent to distribute, a controlled 
substance.
    (24) Felony arson.
    (25) Felony involving a threat.
    (26) Felony involving--
    (i) Willful destruction of property;

[[Page 7541]]

    (ii) Importation or manufacture of a controlled substance;
    (iii) Burglary;
    (iv) Theft;
    (v) Dishonesty, fraud, or misrepresentation;
    (vi) Possession or distribution of stolen property;
    (vii) Aggravated assault;
    (viii) Bribery; or
    (ix) Illegal possession of a controlled substance punishable by a 
maximum term of imprisonment of more than 1 year.
    (27) Violence at international airports; 18 U.S.C. 37.
    (28) Conspiracy or attempt to commit any of the criminal acts 
listed in this paragraph.
    Additionally, TSA or other delegated law enforcement authorities 
may impose specific requirements for the conduct of operations to or 
from the affected airports, such as a requirement for the collection of 
fingerprints to facilitate the completion of a background 
investigation. Persons seeking to operate to or from the affected 
airports will be notified of any additional requirements by TSA, other 
delegated law enforcement authorities, or the FAA. The FAA will not 
authorize a person to operate to or from an airport unless he or she 
has complied with these requirements.
    A record of a single violation of a prohibited area designated 
under 14 CFR part 73, a flight restriction established under 14 CFR 
91.141 (to protect the President, Vice President, or other public 
figures), or special security instructions issued under 14 CFR 99.7 is 
indicative of a potential risk that a pilot may possess a compliance 
disposition inappropriate for operations to or from airports which are 
located in close proximity to critical governmental assets. A record of 
multiple violations of a restricted area designated under 14 CFR part 
73, emergency air traffic rules issued under 14 CFR 91.139, a temporary 
flight restriction designated under 14 CFR 91.137, 91.138, or 91.145 or 
an area designated under 14 CFR 91.143 (or any combination thereof) is 
also indicative of a similar risk. In view of the critical need to 
protect national assets within the Special Flight Rules Area, the FAA 
will review the records of airmen who request authorization to conduct 
operations at the affected airports and will not authorize operations 
if the airman's records contains a history of such violations.
    As an alternative, the FAA considered eliminating the personnel 
verification requirements set forth above. In view of the current 
threat and the need to help preclude the possibility of persons with 
hostile intent from conducting operations at these airports, it has 
been determined that the absence of a personnel verification 
requirement would impose too significant a risk to the critical 
governmental assets contained within the National Capital region.
    Upon meeting the specified requirements and completing the 
necessary records checks, an individual will be authorized by the FAA 
to conduct operations at an affected airport. The authorization will 
also specify those aircraft in which the person may conduct the 
authorized operations. Additionally, the authorization provided by the 
FAA will include a unique identification code, which the individual 
will use when filing a flight plan with Leesburg Automated Flight 
Service Station (AFSS), to operate to or from an affected airport. To 
ensure the security of operations to or from the affected airport, any 
individual who has received an identification code must protect it from 
unauthorized disclosure.
    Operations to or from the affected airport while within the Special 
Flight Rules Area will only be permitted in accordance with an open IFR 
or VFR flight plan. This flight plan must be filed telephonically with 
Leesburg AFSS. Flight plans filed via Direct User Access Terminals 
(DUAT), while airborne, or with another Flight Service Station will not 
be accepted for operations to or from the affected airports.
    Prior to departure from the airport, or prior to entering the 
Special Flight Rules Area en route to an affected airport, a pilot must 
obtain an air traffic control (ATC) clearance and maintain two-way 
radio communications with ATC. Aircraft must be equipped with an 
operable transponder with altitude reporting capability and transmit an 
assigned beacon code while operating in the Special Flight Rules Area. 
Aircraft will normally be cleared to or from the airport via specified 
direct routes. ATC will not issue clearances that permit closed traffic 
operations within the traffic patterns at these airports. The 
applicable ATC procedures will be published in the approved security 
procedures for the airport and may be published as NOTAMs or as 
graphical notices in the appropriate Airport/Facility Directory. Any 
attempt by a pilot to deviate from the assigned route or other 
provisions of an ATC clearance while within the Special Flight Rules 
Area will result in the exercise of appropriate protective measures by 
military or law enforcement personnel.
    The SFAR requires that, upon returning to the airport, the operator 
take appropriate measures to secure the aircraft from unauthorized use. 
This may consist of locking the aircraft, securing the aircraft in a 
locked hangar, installing a propeller or throttle lock, or other 
similar measures.
    The FAA recognizes that law enforcement, military, and aeromedical 
services aircraft may operate from the affected airports. The U.S. 
Armed Forces and law enforcement agencies have already adopted 
extensive security procedures to protect their aircraft from 
unauthorized use. Persons operating these aircraft have been subjected 
to extensive background and criminal records history checks. Because 
operators of these aircraft must comply with the extensive security 
procedures adopted by these agencies and departments, operators of 
these aircraft will not be subject to the procedural requirements in 
this rule intended primarily for private aircraft operations. They 
will, however, be required to comply with those ATC procedures 
necessary to ensure adequate control of operations at these airports 
and other specific requirements imposed by TSA or other delegated law 
enforcement agencies.
    Due to the critical nature of operations conducted in aeromedical 
services aircraft, persons conducting operations in these aircraft will 
not be required to comply with the full range of security procedures at 
affected airports. The unscheduled and frequently critical nature of 
these operations necessitates relief from many of the security 
procedures required for other civil aircraft operations. Operators 
must, however, secure the aircraft while on the ground at the airport 
and comply with airport arrival and departure routes, ATC clearance 
procedures, flight plan requirements, communications procedures, 
procedures for transponder use, and other requirements that may be 
issued by TSA or other delegated law enforcement agencies.

Airport Security Procedures

    This SFAR requires any person conducting operations to or from an 
affected airport within the Washington, DC Metropolitan Area Special 
Flight Rules Area to comply with security procedures approved by the 
Administrator. The affected airports currently are not required to 
implement security procedures under an approved security program such 
as that required at Ronald Reagan Washington National Airport under 14 
CFR part 107. This rule will provide an increased level of security at 
affected airports by requiring

[[Page 7542]]

operations to be conducted in accordance with approved security 
procedures.
    To provide persons seeking approval of security procedures with 
maximum flexibility in their development and implementation, the SFAR 
does not mandate that they be developed and implemented only by an 
airport operator. The SFAR does not preclude airport owners, airport 
authorities, and State or local governments from submitting procedures 
to the Administrator for approval.
    For security procedures to be approved for an affected airport they 
must:
     Identify and provide contact information for the airport 
manager who is responsible for ensuring that the security procedures at 
the airport are implemented and maintained;
     Contain procedures to identify those aircraft eligible to 
be authorized for operations to or from the airport;
     Contain procedures to ensure that a current record of 
those persons authorized to conduct operations to or from the airport 
and the aircraft in which the person is authorized to conduct those 
operations is maintained at the airport;
     Contain airport arrival and departure route descriptions, 
air traffic control clearance procedures, flight plan requirements, 
communications procedures, and procedures for transponder use;
     Contain procedures to monitor the security of aircraft at 
the airport during operational and non-operational hours and to alert 
aircraft owners and operators, airport operators, and the Administrator 
of unsecured aircraft;
     Contain procedures to ensure that security awareness 
procedures are implemented and maintained at the airport;
     Contain procedures to ensure that a copy of the approved 
security procedures is maintained at the airport and can be made 
available for inspection upon request of the Administrator;
     Contain procedures to provide the Administrator with the 
means necessary to make any inspection to determine compliance with the 
approved security procedures; and
     Contain any additional procedures necessary to provide for 
the security of aircraft operations to or from the airport.
    The requirements specified in these security procedures are based 
upon current intelligence and threat assessments provided to the FAA. 
The FAA recognizes that the SFAR imposes requirements upon aircraft 
operators that will result in increased costs and inconvenience. The 
FAA has weighed these costs against the continued prohibition of 
aircraft operations at airports affected by the SFAR and has determined 
that affording operators of airports affected by this rule with an 
opportunity to resume operations is in the public interest.
    In developing requirements for the contents of approved security 
procedures, the FAA considered numerous alternatives. For example, the 
FAA considered requiring an individual with law enforcement authority 
to inspect departing aircraft (and verify the identities of their 
occupants) at the affected airports and to require arriving aircraft to 
land at ``gateway airports'' outside the Special Flight Rules Area for 
similar inspections and checks prior to proceeding to an affected 
airport. The FAA determined that such requirements would impose 
significant costs on airport operators and persons conducting 
operations to or from the affected airports. Additionally, such 
requirements would significantly decrease the use of the affected 
airports and result in the further relocation of aircraft away from the 
airports specified in this rule. The FAA also considered permitting 
security personnel without law enforcement authority or personnel 
employed by fixed base operators to perform these inspections and 
checks. These alternatives were rejected for similar reasons.
    To provide the FAA with a means to effectively ensure that security 
procedures are being implemented and maintained, approved security 
procedures must include the name and contact information for the 
airport manager who has responsibility for this task. The airport 
manager is specifically identified on the airport operating license 
issued by the Maryland Department of Transportation for an airport. The 
FAA must be able to contact this person if any deviation from the 
requirements of the approved security procedures is discovered. That 
action will ensure that any discrepancy is immediately corrected.
    The requirement to identify aircraft eligible to be authorized to 
operate at an airport is intended to afford the FAA the means to 
effectively control operations at the airport. To properly evaluate the 
implementation of approved procedures, the FAA may initially only 
authorize the arrival and departure of aircraft based at an affected 
airport, and pilots conducting operations in such aircraft. By 
providing the FAA a list of based aircraft, the FAA will be able to 
more rapidly provide relief to those persons most in need of 
authorization to conduct operations at the affected airports.
    The FAA will provide the approval holder with a list of those 
persons authorized to conduct operations at an airport and the aircraft 
those persons are authorized to operate. Upon authorizing any 
additional person to conduct operations at an airport, the FAA will 
provide the approval holder with a revised list. This list must be 
maintained at the airport. This list should be given the widest 
possible dissemination at the airport to ensure that all persons 
conducting operations there are aware of its contents. It can be used 
to assist all personnel at the airport when monitoring operations in 
accordance with the airport's security awareness program.
    Airport arrival and departure route descriptions, air traffic 
control clearance procedures, flight plan requirements, communications 
procedures, and procedures for transponder use will be established by 
ATC. Requiring these procedures to be included in the approved security 
procedures will provide all operators with an additional readily 
available reference to consult in flight planning. A copy of the 
security procedures must also be made available for inspection by the 
Administrator upon request.
    Approval holders must also implement and maintain a security 
awareness program at the airport. This program should address both 
airport and aircraft security and include procedures for persons 
conducting operations at the airport to report suspicious activity. 
Approval holders should notify all operators of the need to monitor the 
security of aircraft at the airport and to establish procedures to 
immediately secure any unsecured aircraft. A means of rapidly notifying 
aircraft owners of improperly secured aircraft or non-compliance with 
the approved security procedures for an airport is essential.
    Although security procedures must meet the requirements of the 
SFAR, persons seeking approval of security procedures should ensure 
that the procedures are tailored to meet the specific operational needs 
of airport and aircraft operators. The security procedures should 
address the various types of threat vulnerabilities that could apply to 
operations conducted to or from the affected airport. The FAA expects 
that threat conditions may change rapidly, and therefore may withdraw 
approvals of security procedures or require the implementation of 
revised security procedures at certain times in response to changed 
threats. Additionally, to

[[Page 7543]]

ensure that the Administrator can evaluate the effectiveness of 
approved security procedures, the procedures must describe the means 
that will be provided to the Administrator to make any inspection to 
determine compliance with approved security procedures. Non-compliance 
with approved security procedures may result in withdrawal of the 
approval for the security procedures at an airport.
    The FAA will inform all aircraft operators that an airport has 
approved security procedures. The FAA will publish specific procedures 
that airmen must comply with as Notices to Airman (NOTAMs) and in the 
Airport/Facility Directory. The FAA also expects to publish these 
procedures on its web site (www.faa.gov). Exit E.P.A. Persons can obtain specific 
guidance on complying with, drafting, or obtaining approval for 
security procedures by contacting the Washington Civil Aviation 
Security Field Office specified under For Further Information Contact. 
Persons can also find guidance on drafting security procedures at 
http://cas.faa.gov/usa.html. Exit E.P.A.

Waivers

    Paragraph 5 of this SFAR specifies that the FAA may issue a waiver 
if it finds that an operation at an affected airport is in the public 
interest, can be conducted safely, and that an equivalent level of 
security can be provided under the terms of the waiver. The FAA notes, 
for instance, that some operators subject to this SFAR may be 
implementing strong security practices that may not meet the specific 
provisions of the SFAR. The FAA may consider whether those or other 
practices warrant the grant of a waiver.

Official Contacts

    Due to the emergency nature of this rule and the need to develop 
security procedures that can be rapidly implemented, the FAA has 
discussed the provisions of this SFAR with representatives of the 
airports affected by the SFAR and a number of industry associations 
whose members will also be affected by the SFAR. The FAA has discussed 
and received information regarding security procedures that could be 
implemented by these airports from the National Association of State 
Aviation Officials (NASAO), State of Maryland Department of Aviation, 
National Business Aviation Association (NBAA), Aircraft Owners and 
Pilots Association (AOPA), National Air Transportation Association 
(NATA), Helicopter Association International (HAI), and individual 
airport operators. Information submitted by these associations and 
individuals is contained in the docket for this rule.

Justification for Immediate Adoption

    Because the circumstances described herein warrant immediate 
action, the Administrator finds that notice and public comment under 5 
U.S.C. 553(b) are impracticable and contrary to the public interest. 
Further, the Administrator finds that good cause exists under 5 U.S.C. 
553(d) for making this rule effective less than 30 days after 
publication in the Federal Register. This action is necessary to permit 
aircraft operations to resume at the affected airports while preventing 
possible hazardous actions directed against aircraft, persons, and 
property within the United States.

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 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this SFAR.

Paperwork Reduction Act

    This emergency rule contains information collection activities 
subject to the Paperwork Reduction Act (44 U.S.C. 3507(d)). In 
accordance with the Paperwork Reduction Act, the paperwork burden 
associated with the rule will be submitted to the Office of Management 
and Budget (OMB) for review. As protection provided by the 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 OMB control number. In accordance with 
section 3507(j)(1)(b) of that statute, the FAA requested the Office of 
Management and Budget to grant an immediate emergency clearance on a 
paperwork package it has submitted. The collection of information was 
approved and assigned OMB Control Number 2120-0677 and expires August 
2002. The following is a summary of the information collection 
activity.
    Need: This rule will constitute a recordkeeping burden for persons 
conducting operations at specific airports in the Washington, DC area.
    Description of Respondents: Airport operators, flightcrew members, 
Maryland State government.
    Estimated Burden: The FAA expects that this rule will affect three 
airports, the State of Maryland, and persons flying to or from these 
airports. The final rule, while imposing additional reporting and 
recordkeeping requirements on those operators, will have the following 
impacts:
     All airports will have to prepare a security program and 
get it approved by the FAA. This will take approximately 30 hours per 
program.
     Each airport having approved security procedures must 
maintain a copy of the procedures and make it available to FAA 
personnel upon request. This will take approximately 10 hours annually 
per airport, for a total of 30 hours.
     After receipt of a notice to modify its security 
procedures, an airport operator may either submit modified procedures 
or request that the FAA reconsider the modification. This will take 
approximately 4 hours annually per airport, for a total of 12 hours.
     Each airport manager will need to spend 2 hours each to 
prepare a security-related briefing for all airport employees and 
pilots. This will take approximately 2 hours per airport, for a total 
of 6 hours.
     Persons seeking to operate to or from the affected 
airports will need to provide specific documentation to the FAA. This 
will take a total of approximately 183 hours.
     Persons seeking to operate to or from the affected 
airports will need to go to specified locations to get fingerprinted. 
This will take approximately 438 hours.
     All persons operating to or from these airports will have 
to file a flight plan. While the number of flights at these airports 
may decline, the FAA is assuming time and costs based on the historical 
number of flights from each airport. This will take approximately 7,416 
hours annually.
     Persons who wish to fly from these three airports after 
they open will need to receive a briefing and be fingerprinted. This 
will take approximately 124 hours annually.
    Based on the above, we estimate the total annual burden on the 
public to be 8,299 hours, with a corresponding hourly cost of $255,868.

Economic Analyses

    This rulemaking action is taken under an emergency situation within 
the meaning of Section 6(a)(3)(D) of Executive Order 12866, Regulatory 
Planning and Review. It also is considered an emergency regulation 
under Paragraph 11g of the Department of Transportation (DOT) 
Regulatory Policies and Procedures. In addition, it is a significant 
rule within the meaning of the Executive Order and DOT's

[[Page 7544]]

policies and procedures. No regulatory analysis or evaluation 
accompanies this rule. The FAA is not able to assess whether this rule 
will have a significant economic impact on a substantial number of 
small entities as defined in the Regulatory Flexibility Act of 1980, as 
amended. When no notice of proposed rulemaking has first been 
published, no such assessment is required for a final rule. The FAA 
recognizes that this rule may impose significant costs on some airports 
and aircraft operators. These costs will occur as a result of 
developing and implementing security procedures and also as a result of 
the loss of aircraft and airport utility incurred when those security 
procedures are implemented. To ensure the safety and security of 
operations at the affected airports, however, the current security 
threat requires that operators comply with approved security 
procedures.

Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. The FAA has determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we have determined that this final rule does not 
have federalism implications.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995 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 a $100 million or more expenditure (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.''
    This rule does not contain such a mandate. Additionally, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply when no notice of proposed rulemaking has first been 
published. Accordingly, the FAA has not prepared a statement under the 
Act.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j) this rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    The energy impact of this SFAR has been assessed in accordance with 
the Energy Policy and Conservation Act (EPCA), Public Law 94-163, as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that this SFAR is not a major regulatory action under the provisions of 
the EPCA.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety, 
Security.

The Amendment

    For the reasons stated in the preamble, the Federal Aviation 
Administration amends 14 CFR chapter I 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, 40101, 
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 Special Federal Aviation Regulation (SFAR) No. 94 to read as 
follows:

SFAR No. 94--Enhanced Security Procedures for Operations at Certain 
Airports in the Washington, DC Metropolitan Area Special Flight Rules 
Area

    1. Applicability. This Special Federal Aviation Regulation 
(SFAR) establishes rules for all persons operating an aircraft to or 
from the following airports located within the airspace designated 
as the Washington, DC Metropolitan Area Special Flight Rules Area:
    (a) College Park Airport (CGS).
    (b) Potomac Airfield (VKX).
    (c) Washington Executive/Hyde Field (W32).
    2. Definitions. For the purposes of this SFAR the following 
definitions apply:
    Administrator means the Federal Aviation Administrator, the 
Under Secretary of Transportation for Security, or any person 
delegated the authority of the Federal Aviation Administrator or 
Under Secretary of Transportation for Security.
    Washington, DC Metropolitan Area Special Flight Rules Area means 
that airspace within an area from the surface up to but not 
including Flight Level 180, bounded by a line beginning at the 
Washington (DCA) VOR/DME 300 degree radial at 15 nautical miles 
(Lat. 38 deg.56'55" N., Long. 77 deg.20'08" W.); thence clockwise 
along the DCA 15 nautical mile arc to the DCA 022 degree radial at 
15 nautical miles (Lat. 39 deg.06'11" N., Long 76 deg.57'51" W.); 
thence southeast via a line drawn to the DCA 049 degree radial at 14 
nautical miles (Lat. 39 deg.02'18" N., Long. 76 deg.50'38" W.); 
thence south via a line drawn to the DCA 064 degree radial at 13 
nautical miles (Lat. 38 deg.59'01" N., Long. 76 deg.48'32" W.); 
thence clockwise along the DCA 13 nautical mile arc to the DCA 282 
degree radial at 13 nautical miles (Lat. 38 deg.52'14" N., Long 
77 deg.18'48" W.); thence north via a line drawn to the point of the 
beginning; excluding the airspace within a one nautical mile radius 
of Freeway Airport (W00), Mitchellville, Md.
    3. Operating requirements.
    (a) Except as specified in paragraph 3(c) of this SFAR, no 
person may operate an aircraft to or from an airport to which this 
SFAR applies unless security procedures that meet the provisions of 
paragraph 4 of this SFAR have been approved by the Administrator for 
operations at that airport.
    (b) Except as specified in paragraph 3(c) of this SFAR, each 
person serving as a required flightcrew member of an aircraft 
operating to or from an airport to which this SFAR applies must:
    (1) Prior to obtaining authorization to operate to or from the 
airport, present to the Administrator the following:
    (i) A current and valid airman certificate;
    (ii) A current medical certificate;
    (iii) One form of Government issued picture identification; and
    (iv) A list containing the make, model, and registration number 
of each aircraft that the pilot intends to operate to or from the 
airport;
    (2) Successfully complete a background check by a law 
enforcement agency, which may include submission of fingerprints and 
the conduct of a criminal history, records check.
    (3) Attend a briefing acceptable to the Administrator that 
describes procedures for operating to or from the airport;
    (4) Not have been convicted or found not guilty by reason of 
insanity, in any jurisdiction, during the 10 years prior to being 
authorized to operate to or from the airport, or while authorized to 
operate to or from the airport, of those crimes specified in 
Sec. 108.229 (d) of this chapter;
    (5) Not have a record on file with the FAA of:
    (i) A violation of a prohibited area designated under part 73 of 
this chapter, a flight restriction established under Sec. 91.141 of 
this chapter, or special security instructions issued under 
Sec. 99.7 of this chapter; or
    (ii) More than one violation of a restricted area designated 
under part 73 of this chapter, emergency air traffic rules issued 
under Sec. 91.139 of this chapter, a temporary flight restriction 
designated under Sec. 91.137, Sec. 91.138, or Sec. 91.145 of this 
chapter, an area designated under Sec. 91.143 of this chapter, or 
any combination thereof;
    (6) Be authorized by the Administrator to conduct operations to 
or from the airport;
    (7) Protect from unauthorized disclosure any identification 
information issued by the Administrator for the conduct of 
operations to or from the airport;

[[Page 7545]]

    (8) Operate an aircraft that is authorized by the Administrator 
for operations to or from the airport;
    (9) File an IFR or VFR flight plan telephonically with Leesburg 
AFSS prior to departure and obtain an ATC clearance prior to 
entering the Washington, DC Metropolitan Area Special Flight Rules 
Area;
    (10) Operate the aircraft in accordance with an open IFR or VFR 
flight plan while in the Washington, DC Metropolitan Area Special 
Flight Rules Area, unless otherwise authorized by ATC;
    (11) Maintain two-way communications with an appropriate ATC 
facility while in the Washington, DC Metropolitan Area Special 
Flight Rules Area;
    (12) Ensure that the aircraft is equipped with an operable 
transponder with altitude reporting capability and use an assigned 
discrete beacon code while operating in the Washington, DC 
Metropolitan Area Special Flight Rules Area;
    (13) Comply with any instructions issued by ATC for the flight;
    (14) Secure the aircraft after returning to the airport from any 
flight;
    (15) Comply with all additional safety and security requirements 
specified in applicable NOTAMs; and
    (16) Comply with any Transportation Security Administration, or 
law enforcement requirements to operate to or from the airport.
    (c) A person may operate a U.S. Armed Forces, law enforcement, 
or aeromedical services aircraft to or from an affected airport 
provided the operator complies with paragraphs 3(b)(10) through 
3(b)(16) of this SFAR and any additional procedures specified by the 
Administrator necessary to provide for the security of aircraft 
operations to or from the airport.
    4. Airport Security Procedures. 
    (a) Airport security procedures submitted to the Administrator 
for approval must:
    (1) Identify and provide contact information for the airport 
manager who is responsible for ensuring that the security procedures 
at the airport are implemented and maintained;
    (2) Contain procedures to identify those aircraft eligible to be 
authorized for operations to or from the airport;
    (3) Contain procedures to ensure that a current record of those 
persons authorized to conduct operations to or from the airport and 
the aircraft in which the person is authorized to conduct those 
operations is maintained at the airport;
    (4) Contain airport arrival and departure route descriptions, 
air traffic control clearance procedures, flight plan requirements, 
communications procedures, and procedures for transponder use;
    (5) Contain procedures to monitor the security of aircraft at 
the airport during operational and non-operational hours and to 
alert aircraft owners and operators, airport operators, and the 
Administrator of unsecured aircraft;
    (6) Contain procedures to ensure that security awareness 
procedures are implemented and maintained at the airport;
    (7) Contain procedures to ensure that a copy of the approved 
security procedures is maintained at the airport and can be made 
available for inspection upon request of the Administrator;
    (8) Contain procedures to provide the Administrator with the 
means necessary to make any inspection to determine compliance with 
the approved security procedures; and
    (9) Contain any additional procedures necessary to provide for 
the security of aircraft operations to or from the airport.
    (b) Airport security procedures are approved without an 
expiration date and remain in effect unless the Administrator makes 
a determination that operations at the airport have not been 
conducted in accordance with those procedures or that those 
procedures must be amended in accordance with paragraph 4.(a)(9) of 
this SFAR.
    5. Waivers. The Administrator may permit an operation to or from 
an airport to which this SFAR applies, in deviation from the 
provisions of this SFAR if the Administrator finds that such action 
is in the public interest, provides the level of security required 
by this SFAR, and the operation can be conducted safely under the 
terms of the waiver.
    6. Delegation. The authority of the Administrator under this 
SFAR is also exercised by the Associate Administrator for Civil 
Aviation Security and the Deputy Associate Administrator for Civil 
Aviation Security. This authority may be further delegated.
    7. Expiration. This Special Federal Aviation Regulation shall 
remain in effect until February 13, 2003.

    Issued in Washington, DC on February 12, 2002.
Jane F. Garvey,
Administrator.
[FR Doc. 02-3846 Filed 2-13-02; 10:48 am]
BILLING CODE 4910-13-U

 
 

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