[Federal Register: February 6, 2004 (Volume 69, Number 25)]
[Rules and Regulations]
[Page 5682-5683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe04-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No. FAA-2003-14972; 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: Disposition of comments on interim final rule.
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SUMMARY: On April 22, 2003, the FAA adopted requirements concerning
proposed construction or alteration of structures in the vicinity of
the private residence of the President of the United States in
Crawford, Texas. The rule requires that notice be filed with the FAA
for the proposed construction or alteration of any object that exceeds
50 feet above ground level (AGL) and is within the existing lateral
confines of the prohibited airspace over the private residence of the
President of the United States (P-49). The rule was adopted for
purposes of national defense and will assist in protecting the
President of the United States. The rule does not apply to prior
construction or alteration of objects and the rule will terminate at
the end of the President's term in office. This action is a summary and
disposition of comments received on the interim final rule.
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:
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 Office of Rulemaking's Web page at http://
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 amendment number or docket number of this
rulemaking.
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.
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.)] The 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 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 on the
weather, threat conditions, aircraft being used, and departure
location. Also, the special operating procedures used by the United
States Marine Corps (USMC) and the Secret Service Presidential
Protective Division (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 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.
Discussion of Comments
The FAA received three comments on the Construction or Alteration
in the Vicinity of the Private Residence of the President of the United
States interim final rule (Special Federal Aviation Regulation (SFAR)
No. 98).
All of the commenters opposed the regulation. The commenters were
concerned that the regulation would only be in effect for the term of
the current President and that the regulation might have a detrimental
effect on the local business community. In addition, one commenter
questioned whether the FAA would pass a rule like this one for every
future President. If not, the commenter questioned why the FAA was
enacting this rule for one man.
The FAA appreciates the commenters concerns. It is significant that
the rule does not explicitly prohibit all proposed construction within
the affected area. Certain new construction or alteration to existing
structures that would exceed 50 feet AGL may in fact be compatible with
the safe and secure transport of the President. Under the adopted
process, the proponent of the construction/alteration must submit
detailed information regarding the proposed construction/alteration. If
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, the FAA
[[Page 5683]]
would issue a Determination of No Hazard.
As noted by commenters, the interim final rule that the FAA
published on April 22, 2003 (68 FR 19730) will 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. However, the protections necessary to
ensure the safe ingress and egress of the President may vary
substantially depending on the nature and location of each President's
residence. As we stated in SFAR No. 98, we anticipate 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.
Conclusion
After consideration of the comments submitted in response to the
interim final rule, the FAA has determined that no further rulemaking
action is necessary. SFAR No. 98 remains in effect as adopted.
Issued in Washington, DC, on January 29, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-2450 Filed 2-5-04; 8:45 am]
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