[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Rules and Regulations]
[Page 19730-19733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap03-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No. FAA-2003-14973; Special Federal Aviation Regulation No. 98]
RIN 2120-AH83
Construction or Alteration in the Vicinity of the Private
Residence of the President of the United States
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: This action requires that notice be filed with the FAA for the
construction or alteration of any object that exceeds 50 feet above
ground level (AGL) and is within the existing prohibited airspace
surrounding the private residence of the President of the United States
(P-49). Due to national security interests and the unique operating
requirements of the United States Marine Corps (USMC) and the Secret
Service Presidential Protective Division (SSPPD), this rule provides
that any object within the designated area that exceeds the obstruction
standard will be deemed a hazard to air navigation unless the FAA
concludes, based upon submitted information and in consultation with
the USMC and the SSPPD, that the construction or alteration will not
adversely affect safety and would not result in a hazard to air
navigation. This rule is adopted for purposes of national defense and
will assist in protecting the President of the United States. This rule
does not apply to prior construction or alteration of objects and will
terminate at the end of the President's term in office.
DATES: This final rule is effective April 22, 2003. Comments must be
submitted on or before June 23, 2003.
ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. You must identify the docket number FAA-
2003-14973 at the beginning of your comments, and you should submit two
copies of your comments.
You may also submit comments through the Internet to http://dms.dot.gov.
You may review the public docket containing comments to
these proposed regulations in person in the Dockets Office between 9
a.m. and 5 p.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. Also, you may review
public dockets on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Sheri Edgett-Baron, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA is adopting this final rule without prior notice and prior
public comment. The Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 1134; February 26, 1979),
however, provide that, to the maximum extent possible, operating
administrations for the DOT should provide an opportunity for public
comment on regulations issued without prior notice. Accordingly, we
invite interested persons to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
We also invite comments relating to environmental, energy, federalism,
or international trade impacts that might result from this amendment.
Please include the regulatory docket or amendment number and send two
copies to the address above. We will file all comments received, as
well as a report summarizing each substantive public contact with FAA
personnel on this rulemaking, in the public docket. The docket is
available for public inspection before and after the comment closing
date.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
The FAA will consider all comments received on or before the
closing date for comments. We will consider late comments to the extent
practicable. We may amend this final rule in light of the comments
received.
Commenters who want the FAA to acknowledge receipt of their
comments submitted in response to this final rule must include a
preaddressed, stamped postcard with those comments on which the
following statement is made: ``Comments to Docket No. FAA-2003-14973.''
The postcard will be date-stamped by the FAA and mailed to the
commenter.
Availability of Final Rule
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 Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
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. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction.
[[Page 19731]]
Therefore, any small entity that has a question regarding this document
may contact their local FAA official, or the person listed under FOR
FURTHER INFORMATION CONTACT. You can find out more about SBRFA on the
Internet at our site, http://www.gov/avr/arm/sbrefa.htm. For more
information on SBREFA, e-mail us http://www.gov/avr/arm/sbrefa.htm. For more
information on SBREFA, e-mail us 9-AWA-SBREFA@faa.gov. Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8783.
Background
On March 26, 2001, the FAA published a final rule in the Federal
Register establishing prohibited airspace (P-49) over the private
residence of the President in Crawford, Texas (66 FR 16391). [The FAA
subsequently modified P-49 by relocating the center of the prohibited
area approximately one-half mile east, southeast (68 FR 7917; February
19, 2003.)] This airspace designation is necessary to enhance security
in the immediate vicinity of the presidential residence and assist the
SSPPD in accomplishing its mission of providing security for the
President of the United States. While that rule prohibits unauthorized
aircraft from flying within the designated airspace, it does not
address certain flight safety and national security issues concerning
the transport of the President.
The USMC and the SSPPD provide transportation for the President and
presidential personnel. The USMC and SSPPD devise various operational
plans to accommodate the unique circumstances involved in transporting
the President. The special operating procedures used by the USMC and
the SSPPD include the concurrent operation of multiple aircraft, a
variety of non-standard flight techniques for security purposes, and
other special security provisions to ensure the secure transport of the
President and his party during various weather and threat conditions.
Flexibility in choosing altitude and direction of flight is essential
for optimal use of these special procedures by the USMC and SSPPD,
especially in the event of an unanticipated threat to the security of
the President.
The Rule
The President's private residence in Crawford, Texas, has several
landing areas for presidential aircraft. Each landing area must be
accessible by flying several different approaches, depending upon the
weather, threat conditions, the aircraft being used, and departure
location. Also, the special operating procedures used by the USMC and
the SSPPD, including the use of multiple aircraft, non-standard flight
techniques and other special security provisions, require the airspace
surrounding the landing areas to be clear of obstructions that could
affect these operating procedures and the safety of the President.
Obstructions above 50 feet above ground level (AGL) in certain
locations within the designated area could inhibit the flexibility of
these special operating procedures and could compromise the safe
transportation and the security of the President, particularly in
emergency situations.
In order to provide for the safe operations of the presidential
helicopters and to accommodate the inherent national security interests
involved in transporting the President, the FAA is requiring that any
person constructing or altering any object that would exceed 50 feet
AGL within a three nautical mile (NM) radius of the President's private
residence must file notice with the FAA. This geographic area covers
the same surface area that is designated as P-49. The FAA will consider
objects that exceed 50 feet AGL within the designated area as
obstructions to air navigation. Objects that exceed the above standard
could become obstacles for the USMC and the SSPPD during certain
operations and result in the inability to follow specified operating
procedures and hinder the safety of the entire operations. It is
critical for the USMC and SSPPD to have maximum flexibility in devising
procedures that uniquely accommodate safely transporting the President.
Limiting the construction of new obstructions or alteration of existing
structures within the P-49 area will allow optimum operating procedures
that are necessary to the safety of the entire operation.
Due to the unique operating requirements of the USMC and the SSPPD
previously discussed, the aircraft conducting these operations must
have the ability to take off, land or perform various flight maneuvers
in virtually every direction of the landing areas within the designated
area. Consequently, it is critical that this area is clear of objects
that may adversely affect the operations. Therefore, any new
construction or alteration of an object that exceeds the obstruction
standard within the designate area is presumed a hazard to air
navigation and to compromise the safety of the operations conducted
herein.
Certain new construction or alteration to existing structures that
would exceed 50 feet AGL may be compatible with the safe and secure
transport of the President. The proponent of the construction/
alteration must submit detailed information regarding the proposed
construction/alteration. Only where the FAA, in consultation with the
USMC and the SSPPD, determines that it would not adversely affect
safety and not result in a hazard to air navigation, would the FAA
issue a Determination of No Hazard. Because the decision of the
Administrator may be based upon classified or otherwise sensitive
information regarding the security of the President, the Administrator
need not provide or disclose the basis for such determination
New construction or alterations to existing structures above 50
feet AGL, outside of the P-49 area, may still pose a danger to the safe
transportation and protection of the President. Nothing in this rule,
however, precludes the FAA or another federal agency from determining
that a new construction or alteration to an existing object outside the
designated area is a danger to the safe transportation and protection
of the President. Such objects outside the designated area, however,
will be addressed by other legal authorities.
Prior Construction and Alterations
The provisions of this rule do not apply to any construction or
alteration that occurred before the effective date of this rule.
Duration of the Rule
This rule shall be in effect only for the duration of President
George W. Bush's term of office. The FAA recognizes that all
Presidents' private residences raise safety and national security
concerns regarding the safe ingress and egress of the President and his
party. However, the protections necessary to ensure the safe ingress
and egress may vary substantially depending upon the nature and
location of each President's residence. Therefore, the FAA anticipates
that similar rules, tailored to the security concerns of the
Presidential residence, may be needed at other locations to protect the
transportation of future Presidents.
Justification for Immediate Adoption
We find that the important national security interests of
protecting the President and his party during flight operations renders
notice and public procedure under 5 U.S.C. 553(b) impracticable and
contrary to the public interest. Furthermore, good cause exists under 5
U.S.C. 553(d) to make this rule effective immediately upon publication
in the Federal Register so as to prevent the commencement of any
construction
[[Page 19732]]
or alteration in the affected area between the issuance of the rule and
the effective date of the rule that could affect the safe transport of
the President and his party.
Paperwork Reduction Act
Information collection requirements in the amendment to 14 CFR part
77 previously have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0001.
An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid Office of Management and Budget (OMB)
control number.
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
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Executive Order 12866 and DOT Regulatory Policies and Procedures
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 policies and
procedures. No regulatory analysis or evaluation accompanies this rule.
Because this final rule is being issued with no prior notice, the FAA
is not required 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, and we have not
performed such an assessment.
International Trade Impact Analysis
The Trade Agreement 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, aren't 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 accordingly has assessed the potential effect of
this rule to be minimal and therefore has determined that this rule
will not result in an impact on international trade.
Trade Impact Assessment
The Trade Agreement 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 rulemaking
and has determined that it will impose the same costs on domestic and
international entities and thus has a neutral trade impact.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act)
requires each Federal agency, to the extent permitted by law, to
prepare a written assessment of the effects of any Federal mandate in a
proposed or final agency rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. The Act requires the Federal agency to
develop an effective process to permit timely input by elected officers
(or their designees) of State, local and tribal governments on a
proposed ``significant intergovernmental mandate.'' Under the Act, a
``significant intergovernmental mandate'' is any provision in a Federal
agency regulation that would impose an enforceable duty upon State,
local, and tribal governments, in the aggregate, of $100 million
(adjusted annually for inflation) in any one year. Section 203 of the
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that
before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan that, among other things, provides for notice to
potentially affected small governments, if any, and for a meaningful
and timely opportunity to provide input in the development of
regulatory proposals.
This rule does not contain such a mandate. The requirements of
Title II of the Act, therefore, do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. We determined that this rule would
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.
We determined that this rule, therefore, would not have federalism
implications.
Energy Impact
We assessed the energy impact of this rule in accordance with the
Energy Policy and Conservation Act (EPCA) and Public Law 94-163, as
amended (42 U.S.C. 6362). We have determined that this rule is not a
major regulatory action under the provisions of the EPCA.
List of Subjects in 14 CFR Part 77
Administrative practice and procedure, Airports, Airspace, Aviation
safety, Navigation (air), Reporting and recordkeeping requirements.
The Amendment
0
For the reasons set forth above, the Federal Aviation Administration
amends part 77 of Title 14 of the Code of Federal Regulations as
follows:
PART 77--OBJECTS AFFECTING NAVIGABLE AIRSPACE
0
1. The authority citation for part 77 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44502, 44701,
44718, 46101-46102, 46104.
0
2. Add Special Federal Aviation Regulation (SFAR) No. 98 to read as
follows:
SFAR No. 98--Construction or Alteration in the Vicinity of the Private
Residence of the President of the United States
Section 1. Construction or alteration near the private residence of
the President. This section applies to:
(a) Any object of natural growth, terrain, or permanent or
temporary construction or alteration, including appurtenances and
equipment or materials used therein.
(b) Any apparatus of a permanent or temporary character.
Section 2. Notice of Construction/Alteration. Proponents proposing
construction or alteration of any object described in Section 1 that
would exceed 50 feet AGL and is within 3 NM radius of lat. 31[deg]43'45
N, long. 97[deg]32'00 W shall notify the Administrator in the form and
manner prescribed in 14 CFR 77.17.
[[Page 19733]]
Section 3. Obstruction Standard.
(a) Any object described in Section 1 that would exceed 50 feet AGL
and is within 3 NM radius of lat. 31[deg]43'45N, long. 97[deg]32'00W is
an obstruction and is presumed to adversely affect aviation safety and
therefore is a hazard to air navigation.
(b) A Determination of No Hazard will be issued only when the FAA
determines, based upon submitted information and in consultation with
the USMC and the SSPPD, that the construction or alteration will not
adversely affect safety and would not result in a hazard to air
navigation.
Section 4. Termination. This rule will terminate at the end of
President George W. Bush's term in office.
Issued in Washington, DC on April 16, 2003.
Marion C. Blakely,
Administrator.
[FR Doc. 03-9886 Filed 4-21-03; 8:45 am]
BILLING CODE 4910-13-P