USCA Case #15-1495 Document #1628682 Filed: … · STATEMENT OF JURISDICTION ... final rule ......

[NOT SCHEDULED FOR ORAL ARGUMENT] NOS. 15-1495, 16-1008, 16-1011

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

JOHN A. TAYLOR,

Petitioner,

v.

MICHAEL P. HUERTA, ADMINISTOR, FEDERAL AVIATION ADMINISTRATION,

Respondent.

ON PETITION FOR REVIEW OF AN ORDER OF THE FEDERAL AVIATION ADMINISTRATION

BRIEF FOR THE ADMINISTRATOR

OF COUNSEL: MOLLY J. MORAN Acting General Counsel PAUL M. GEIER Assistant General Counsel for Litigation REGINALD C. GOVAN Chief Counsel LORELEI PETER

Assistant Chief Counsel for Regulations Federal Aviation Administration

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

CHANNING D. PHILLIPS United States Attorney MICHAEL S. RAAB ABBY C. WRIGHT

(202) 514-0664 Attorneys, Appellate Staff Civil Division, Room 7252 U.S. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C. 20530

USCA Case #15-1495 Document #1628682 Filed: 08/04/2016 of 105

CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES PURSUANT TO CIR. R. 28(a)(1)

A. Parties and Amici

John A. Taylor is the petitioner. Michael P. Huerta, Administrator, Federal

Aviation Administration (FAA) is respondent. TechFreedom is amicus supporting

petitioner.

B. Rulings Under Review Petitioner seeks review of the December 16, 2015, order issued by the Secretary

of Transportation and the Administrator of FAA. 80 Fed. Reg. 78,594, 78,640 (Dec.

16, 2015). Petitioner also purports to seek review of FAA’s September 2, 2015,

Advisory Circular No. 91-57A, 80 Fed. Reg. 54,367 (Sept. 9, 2015), and the October

19, 2015, Clarification and Request for Information issued by the Secretary of

Transportation and the Administrator of FAA. 80 Fed. Reg. 63,912 (Oct. 22, 2015).

C. Related Cases

This case was not previously before this Court. Counsel is not aware of any

related cases currently pending in this Court or in any other court within the meaning

of Cir. R. 28(a)(1)(C).

s/ Abby C. Wright Abby C. Wright Counsel for the Administrator


TABLE OF CONTENTS

Page

GLOSSARY

STATEMENT OF JURISDICTION ................................................................................... 1

STATEMENT OF THE ISSUES .......................................................................................... 1

PERTINENT STATUTES AND REGULATIONS ........................................................ 2

STATEMENT OF THE CASE ............................................................................................. 3

SUMMARY OF ARGUMENT ........................................................................................... 11

STANDARD OF REVIEW ................................................................................................ 14

ARGUMENT ......................................................................................................................... 14

I. The Registration Rule is a Lawful Exercise of FAA’s Regulatory Authority .......................................................................................................... 14 A. Model aircraft are “aircraft” subject to FAA’s regulatory authority ................................................................................................ 14 B. Section 336 of the Modernization Act does not withdraw

FAA’s authority to require owners of small unmanned aircraft operated as model aircraft to register their aircraft ........................ 20

C. The registration rule is not arbitrary and capricious ...................... 24 D. FAA permissibly issued the registration rule as an interim final rule ................................................................................................ 26 II. Petitioner’s Challenge to Advisory Circular 91-57A Should be Dismissed ......................................................................................................... 31 A. The petition challenging the Advisory Circular should be dismissed as out-of-time .................................................................... 31 B. The challenged Advisory Circular does not alter any legal obligations and is therefore not final agency action ............. 33


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C. In addition, petitioner’s substantive challenges to the Advisory Circular are without merit ................................................. 35 CONCLUSION .................................................................................................................... 39 CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 32(A) CERTIFICATE OF SERVICE ADDENDUM


* Authorities upon which we chiefly rely are marked with asterisks.

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TABLE OF AUTHORITIES

Cases: Page(s)

Administrator v. Barrows, 7 N.T.S.B. 5 (1990) ............................................................................................................. 38

Avia Dynamics, Inc. v. FAA,

641 F.3d 515 (D.C. Cir. 2011) .......................................................................................... 36 Bennett v. Spear,

520 U. S. 154 (1997) ........................................................................................................... 34 Chamber of Commerce of U.S. v. S.E.C.,

443 F.3d 890 (D.C. Cir. 2006) .......................................................................................... 27 Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc.,

467 U.S. 837 (1984) ............................................................................................................. 16 City of Dania Beach v. FAA,

485 F.3d 1181 (D.C. Cir. 2007) ........................................................................................ 34 Hawaii Helicopter Operators Ass’n v. FAA,

51 F.3d 212 (9th Cir. 1995) ............................................................................................... 27 Hill v. NTSB,

886 F.2d 1275 (10th Cir. 1989) ........................................................................................ 38 Huerta v. Pirker, NTSB Order No. EA-5730 (Nov. 17, 2014) .......................................... 15 Interstate Commerce Comm’n v. Oregon Pac. Indus., Inc.,

420 U.S. 184 (1975) ............................................................................................................ 27 J.A. Jones Mgmt. Servs. v. FAA.,

225 F.3d 761 (D.C. Cir. 2000) ........................................................................................... 14 Jifry v. FAA,

370 F.3d 1174 (D.C. Cir. 2004) ........................................................................................ 27


iv

Mack Trucks, Inc. v. E.P.A., 682 F.3d 87 (D.C. Cir. 2012) ............................................................................................ 26

National Fed’n of Fed. Emps. v. Devine,

671 F.2d 607 (D.C. Cir. 1982) .......................................................................................... 28 National Fed’n of the Blind v. United States Dep’t of Transp.,

Nos. 15-1026, 15-5078, 2016 WL 3524569 (D.C. Cir. June 28, 2016) ....................... 33 North Am. Coal Corp. v. Director, Office of Workers’ Comp. Programs, U.S. Dep’t of Labor,

854 F.2d 386 (10th Cir. 1988) ........................................................................................... 27 Northern Arapahoe Tribe v. Hodel,

808 F.2d 741 (10th Cir. 1987) ........................................................................................... 27 Puget Sound Traffic Ass’n v. Civil Aeronautics Bd.,

536 F.2d 437 (D.C. Cir. 1976) ................................................................................. 33, 34,, Safe Extensions, Inc. v. FAA,

509 F.3d 593 (D.C. Cir. 2007) ............................................................................. 34, 35, 36 Sorenson Commc’ns Inc. v. F.C.C.,

755 F.3d 702 (D.C. Cir. 2014) .......................................................................................... 30 U.S. Army Corps of Eng’rs v. Hawkes Co.,

136 S. Ct. 1807 (2016) ........................................................................................................ 34 United States v. Healy,

376 U.S. 75 (1964) .............................................................................................................. 38 Washington State Farm Bureau v. Marshall,

625 F.2d 296 (9th Cir. 1980) ............................................................................................. 28 Statutes:

*FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat. 11 ..........................3, 4, 15, 16, 17, 19, 20, 21, 22, 23, 24 5 U.S.C. § 553(b)(B) ................................................................................................................ 26 5 U.S.C. § 706(2)(A) ................................................................................................................ 14


v

44 U.S.C. § 1507 ...................................................................................................................... 33 49 U.S.C. § 40101(a) ................................................................................................................ 19 49 U.S.C. § 40102 .................................................................................................................... 20 49 U.S.C. § 40102(a)(3) ........................................................................................................... 38 *49 U.S.C. § 40102(a)(6) .................................................................... 3, 12, 14, 15, 16, 17, 19 49 U.S.C. § 40102(a)(16) .................................................................................................. 19, 37 49 U.S.C. § 40102(a)(32) ......................................................................................................... 38 49 U.S.C. § 40102(a)(41) ......................................................................................................... 19 49 U.S.C. § 40103 ............................................................................................................... 5, 38 49 U.S.C. § 40103(b) ........................................................................................................ 14, 16 49 U.S.C. § 40103(b)(3) ..................................................................................................... 9, 37 49 U.S.C. § 40125 .................................................................................................................... 19 49 U.S.C. § 44101 ......................................................................................................... 5, 14, 20 49 U.S.C. § 44101(a) ................................................................................................................ 19 49 U.S.C. § 44102(a)(1)(A) ..................................................................................................... 25 49 U.S.C. § 44103 ......................................................................................................... 5, 14, 20 49 U.S.C. § 44103(a)(1)(B) ..................................................................................................... 25 49 U.S.C. § 44103(c)(2) ........................................................................................................... 25 49 U.S.C. § 44701 .................................................................................................. 3, 14, 15, 16 49 U.S.C. § 46110 ............................................................................... 1, 13, 14, 32, 33, 34, 38


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Regulations: 14 C.F.R. pt. 93 ........................................................................................................................ 34 14 C.F.R. § 1.1 ................................................................................................................. 3, 7, 16 14 C.F.R. § 47 (2010) ................................................................................................................ 5 14 C.F.R. § 47.11 .............................................................................................................. 25, 26 14 C.F.R. § 47.33 .............................................................................................................. 25, 26 14 C.F.R. § 47.35 .............................................................................................................. 25, 26 14 C.F.R. § 48 ............................................................................................................................. 6 14 C.F.R. § 48.1(a) ................................................................................................................... 18 14 C.F.R. § 48.5 ................................................................................................................... 8, 30 14 C.F.R. § 48.5(b)..................................................................................................................... 7 14 C.F.R. § 48.15 ....................................................................................................................... 7 14 C.F.R. § 48.25(c) ................................................................................................................. 25 14 C.F.R. § 48.30(b) .................................................................................................................. 7 14 C.F.R. § 48.100(a) ................................................................................................................. 7 14 C.F.R. § 48.100(b) ................................................................................................................ 7 14 C.F.R. § 48.115(a) ................................................................................................................. 7 14 C.F.R. § 48.200 ..................................................................................................................... 8 14 C.F.R. § 48.205 ..................................................................................................................... 8 14 C.F.R. §§ 93.331-93.345 .................................................................................................... 10 14 C.F.R. § 93.335 ................................................................................................................... 10


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14 C.F.R. § 93.337 ................................................................................................................... 10 14 C.F.R. § 93.339 ................................................................................................................... 10 14 C.F.R. § 93.339(a) ........................................................................................................ 11, 35 14 C.F.R. § 93.341 ................................................................................................................... 10 Other Authorities: Advisory Circular 91-57A, Model Aircraft Operating Standards –

Including Change 1 Document Information, FAA, https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1028086 ............................................ 9, 31, 32, 34, 36

Advisory Circular System, FAA Order 1320.46D (Effective Apr. 7, 2015) .................. 36 Clarification of the Applicability of Aircraft Registration Requirements

for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for UAS, 80 Fed. Reg. 63,912 (Oct. 22, 2015) ............................................................. 6, 12, 20, 21

FAA, NOTAM Advisory, Washington, D.C., Metropolitan Special Flight

Rules Area and Washington Area Speed Restrictions (Dec. 1, 2010), http://www.faa.gov/news/media/sfra_flight_advisory.pdf ............................... 34, 35

FAA Order JO 7930.2N 6-1-3 (October 1, 2013) ............................................................... 9 FAA, Press Release, FAA Registered Nearly 300,000 Unmanned

Aircraft Owners (Jan. 22, 2016) ..................................................................................... 29 Final Rule, Washington DC Metropolitan Area Special Flight Rules Area,

73 Fed. Reg. 76,195 (Dec. 16, 2008)............................................................................... 10 Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace

System (NAS) Roadmap, First Edition 2013, FAA (Nov. 7, 2013) ......................... 16 Interpretation of Special Rule for Model Aircraft,

79 Fed. Reg. at 36,172 (June 25, 2014) ................................................... 5, 15, 17, 21, 35


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Memorandum from Gary A. Norek, Manager, Airspace Policy and Regulations Group, canceling Advisory Circular 91-57, to Performance, Policy, and Records Management Branch (Oct. 10, 2014) ........................................... 5, Pilot/Controller Glossary, FAA PCG N-3, through N-4 (April 3, 2014),

http://www.faa.gov/air_traffic/publications/media/pcg_4-03-14.pdf .................... 9 * Registration and Marking Requirements for Small Unmanned Aircraft, 80 Fed. Reg.

78,594 (Dec. 16, 2015) .................... 3, 5, 6, 7, 8, 9, 15, 20, 21, 23, 25, 26, 28, 30, 31, 37 Ultralight Vehicles; Operating Requirements, 47 Fed. Reg. 38,770-01 (Sept. 2, 1982) ............................................................................ 18 Unmanned Aircraft Systems Operations in the U.S. National Airspace

System – Interim Operational Approval Guidance, AFS-400 UAS Policy 05-01 (Sept. 16, 2005) ................................................................ 15

70 Fed. Reg. 45,250 (Aug 4, 2005) ........................................................................................ 10 72 Fed. Reg. 6689 (Feb. 13, 2007) ........................................................................................ 15 78 Fed. Reg. 44,300 (July 23, 2013) ...................................................................................... 15 80 Fed. Reg. 9544 (Feb. 23, 2015) ..................................................................................... 5, 6 80 Fed. Reg. 54, 367 (Sept. 9, 2015) ..................................................................................... 33 81 Fed. Reg. 42,064 (June 28, 2016) ....................................................................................... 5


GLOSSARY

Amicus Brief of TechFreedom Amicus Br. Federal Aviation Administration FAA FAA Modernization and Reform Act of 2012 Modernization Act Joint Appendix JA Notice to Airmen NOTAM Petitioner’s Brief Pet. Br.


STATEMENT OF JURISDICTION

In case no. 15-1495, petitioner challenges an interim final rule of the Federal

Aviation Administration (FAA), issued on December 16, 2015. Petitioner timely filed

his petition for review on December 24, 2015. This Court has jurisdiction under

49 U.S.C. § 46110.

Petitioner also invokes this Court’s jurisdiction under 49 U.S.C. § 46110 in case

no. 16-1008, which was filed on January 12, 2016. That petition seeks to challenge

Advisory Circular 91-57A, which was issued on September 2, 2015. For the reasons

explained below, the petition in case no. 16-1008 is untimely, and, in any event,

should be dismissed for failure to challenge any final order under 49 U.S.C. § 46110.

STATEMENT OF THE ISSUES

I. On December 16, 2015, the Secretary of Transportation (the Secretary) and

the FAA Administrator (the Administrator) jointly issued an interim final rule (the

“registration rule”). The registration rule allows owners of small unmanned aircraft

operated recreationally to register their small unmanned aircraft with FAA by means

of a streamlined online system, in place of the preexisting FAA paper-based aircraft

registration system. Petitioner, who owns and recreationally operates an unmanned

aircraft system, challenges the rule as outside FAA’s authority. The issues presented in

case no. 15-1495 are:

1. Whether “model aircraft” are “aircraft” subject to FAA’s regulatory

authority.


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2. Whether the registration rule is consistent with section 336 of the FAA

Modernization and Reform Act of 2012.

3. Whether the registration rule is arbitrary and capricious.

4. Whether FAA’s decision to proceed through an interim final rule rather than

through notice-and-comment rulemaking was justified by good cause.

II. In case no. 16-1008, petitioner challenges a September 2015 FAA Advisory

Circular, Advisory Circular 91-57A, which provides guidance to persons operating

unmanned aircraft for recreational purposes and refers to FAA restrictions on aircraft

operating within the Washington, D.C., Flight Restricted Zone and Special Flight

Rules Area.

The issues presented in case no. 16-1008 are:

1. Whether the petition for review should be dismissed as untimely.

2. Whether the petition for review should be dismissed because Advisory

Circular 91-57A is not reviewable final agency action.

3. If this Court reaches the merits of the petition, whether issuance of the

Advisory Circular was consistent with the Administrative Procedure Act and the FAA

Modernization Act of 2012.

PERTINENT STATUTES AND REGULATIONS

Pertinent statutes are reproduced in the addendum to this brief.


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STATEMENT OF THE CASE

1. This case concerns the operation of “unmanned aircraft,” which are defined

as “aircraft that [are] operated without the possibility of direct human intervention

from within or on the aircraft.” See FAA Modernization and Reform Act of 2012,

Pub. L. No. 112-95, § 331(8), 126 Stat. 11 (Modernization Act). The number of

unmanned aircraft has increased rapidly, creating significant concerns about the safety

of the national airspace system, as well as the safety of persons and property on the

ground. This is especially true given that many, if not most, owners of unmanned

aircraft have no prior aviation experience and lack an understanding of the

requirements for safe operation of their unmanned aircraft. 80 Fed. Reg. 78,594,

78,598 (Dec. 16, 2015).

2. Congress has directed FAA to “promote safe flight of civil aircraft in air

commerce by prescribing” standards that govern the operation of “aircraft” in the

United States. 49 U.S.C. § 44701. Congress defined “aircraft” as “any contrivance

invented, used, or designed to navigate, or fly in, the air.” See 49 U.S.C. § 40102(a)(6);

see also 14 C.F.R. § 1.1 (implementing regulation defining “aircraft” as “a device that is

used or intended to be used for flight in the air”).

In 2012, Congress enacted the FAA Modernization Act, which addressed,

among other things, “unmanned aircraft systems.” The Act defines “unmanned

aircraft system” as “an unmanned aircraft and associated elements (including

communication links and the components that control the unmanned aircraft) that are


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required for the pilot in command to operate safely and efficiently in the national

airspace system.” Modernization Act § 331(9). Section 331 of the Act expressly

defines the term “unmanned aircraft” as a type of “aircraft.” Id. § 331(8).

In section 336(c) of the Modernization Act, Congress delineated a class of

“model aircraft,” which it defined as “unmanned aircraft” that are (1) capable of

sustained flight in the atmosphere; (2) flown within visual line of sight of the person

operating the aircraft; and (3) flown for hobby or recreational purposes.

Modernization Act § 336(c). Section 336(a) further provides that FAA cannot

promulgate future regulations with regard to a model aircraft so long as the model

aircraft is operated in accordance with the additional limitations set forth in section

336(a), which include that the “aircraft is operated in accordance with a community-

based set of safety guidelines and within the programming of a nationwide

community-based organization” and “operated in a manner that does not interfere

with and gives way to any manned aircraft.” Id. § 336(a)(2), (4). Congress expressly

provided, however, that FAA retains the authority “to pursue enforcement action

against persons operating model aircraft who endanger the safety of the national

airspace system.” Id. § 336(b).1

1 In the Modernization Act, Congress also directed the Secretary to determine

which unmanned aircraft systems “do not create a hazard to users of the national airspace system or the public or pose a threat to national security.” Modernization Act § 333(a), (b). To this end, in February 2015, the Secretary and the Administrator issued a notice of proposed rulemaking entitled “Operation and Certification of Small

Continued on next page.


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In response to the Modernization Act, FAA issued an Interpretation of the

Special Rule for Model Aircraft, 79 Fed. Reg. 36,172 (June 25, 2014). FAA also

canceled Advisory Circular 91-57, a 1981 advisory circular which encouraged,

“voluntary compliance with[] safety standards,” including operating model aircraft at a

safe distance from populated areas, flying below 400 feet, giving the right of way to

manned aircraft, and notifying airport operators when flying near airports. Advisory

Circular 91-57 was ultimately replaced with Advisory Circular 91-57A. See

Memorandum from Gary A. Norek, Manager, Airspace Policy and Regulations

Group, to Performance, Policy, and Records Management Branch (Oct. 10, 2014)

(canceling Advisory Circular 91-57). Advisory Circular 91-57A reminds unmanned

aircraft operators that airspace restrictions apply to all model aircraft and that

operators should follow best practices, including limiting operations to below 400 feet

above ground level.

3. By statute, all aircraft must be registered prior to operation. 49 U.S.C.

§§ 44101, 44103. FAA’s original registration system, developed with passenger

airplanes in mind, is a lengthy paper-based process. See 80 Fed. Reg. at 78,600; see also

14 C.F.R. § 47 (2010). Prior to the registration rule at issue here, FAA exercised

Unmanned Aircraft Systems.” 80 Fed. Reg. 9544 (Feb. 23, 2015). The final rule was issued on June 21, 2016. 81 Fed. Reg. 42,064 (published June 28, 2016, effective Aug. 29, 2016).


6

enforcement discretion in excusing model aircraft from the statutory registration

requirement. See 80 Fed. Reg. 9544, 9550 (Feb. 23, 2015); 80 Fed. Reg. at 78,603.

a. On October 19, 2015, the Secretary and the Administrator requested

information from the public regarding registration for small unmanned aircraft

systems and how best to streamline the process. 80 Fed. Reg. 63,912 (Oct. 22, 2015).

FAA received over 4,500 comments in response to this request. See 80 Fed. Reg. at

78,601. FAA also established a Registration Task Force comprised of a diverse group

of representatives from trade groups representing manned and unmanned aviation,

unmanned aircraft system manufacturers and retailers, and law enforcement. The

Registration Task Group was tasked with developing recommendations in three areas:

(1) the minimum requirements for unmanned aircraft systems to be registered; (2) the

registration process; and (3) the means of proving registration and marking the

aircraft. 80 Fed. Reg. at 78,601. The Registration Task Force delivered its

recommendations to FAA on November 23, 2015.

b. On December 16, 2015, the Secretary and the Administrator issued an

interim final rule providing “an alternative, streamlined and simple, web-based aircraft

registration process for the registration of small unmanned aircraft, including small

unmanned aircraft operated as model aircraft, to facilitate compliance with the

statutory requirement that all aircraft register prior to operation.” 80 Fed. Reg. at

78,594 (registration rule); see also 14 C.F.R. § 48. The web-based registration system is

available for small unmanned aircraft (defined as those weighing less than 55 pounds


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on takeoff, including everything that is on board or otherwise attached to the aircraft)

that are part of an unmanned aircraft system. 80 Fed. Reg. at 78,594; 14 C.F.R. § 1.1;

80 Fed. Reg. at 78,595, 78,638. The registration rule thus provides a means to register

both small unmanned aircraft that are used as model aircraft and small unmanned

aircraft that are used for commercial purposes or that otherwise fail to meet the

operational definition of model aircraft.

Individuals owning small unmanned aircraft operated solely as model aircraft

need only obtain a single unique identifier (i.e., registration number) for all model

aircraft they own. 14 C.F.R. § 48.115(a). To register a model aircraft, an individual

must supply name, address, and email address. Id. § 48.100(b).2 The fee to register is

$5, regardless of the number of aircraft, though FAA provided a rebate for the full

amount of the registration cost for registrations within the first thirty days. Id.

§ 48.30(b). At the end of the registration process, registrants are asked to acknowledge

that they have read and understood certain safety guidance. And registration is not

required at all for small unmanned aircraft that weigh .55 pounds or less. 14 C.F.R.

§ 48.15.

Upon registration, aircraft owners receive a unique identification number that

they must affix to each small unmanned aircraft they own prior to the operation of

2 Those registering small unmanned aircraft for non-hobby uses must register

each unmanned aircraft separately and provide the aircraft manufacturer, model name, and serial number. 14 C.F.R. § 48.100(a); see also 14 C.F.R. § 48.5(b).


8

that aircraft. 14 C.F.R. §§ 48.200, 48.205. For aircraft operated before December 21,

2015, FAA provided a grace period allowing those aircraft to continue to be operated

without registration for sixty additional days after issuance of the interim final rule. Id.

§ 48.5.

c. FAA explained in the registration rule that registration and marking “provide

a means by which to quickly identify . . . small unmanned aircraft in the event of an

incident or accident.” 80 Fed. Reg. at 78,595. Registration also provides FAA with “an

immediate and direct opportunity for the agency to educate” the hundreds of

thousands of operators of unmanned aircraft systems. Id.

FAA also explained in the registration rule its basis for proceeding via an

interim final rule. In explaining why proceeding quickly was necessary to protect the

public interest, FAA listed numerous serious safety incidents involving unmanned

aircraft systems. 80 Fed. Reg. 78,597. FAA also noted that in 2014 there were 238

reports of potentially unsafe operations, when approximately 200,000 unmanned

aircraft systems were operated. Id. Estimates at the time suggested that 1.6 million

aircraft systems would be sold in 2015, leading to a significant increase in safety

incidents. Id. As FAA explained, “[s]ince February 2015, reports of potentially unsafe

[unmanned aircraft systems] operations have more than doubled.” Id. For example,

“the agency has received reports of unmanned aircraft at high altitudes in congested

airspace, unmanned aircraft operations near passenger-carrying aircraft or major


9

airports, and interfering with emergency response operations such as efforts to

combat wildfires.” Id.

FAA received over 5,500 comments on the registration rule, and the comment

period closed on January 15, 2016. FAA is currently evaluating those comments and

plans to issue a final rule.

4. As relevant in case number 16-1008, Advisory Circular 91-57A—in addition

to encouraging owners of unmanned aircraft operated as model aircraft to follow

safety guidance—refers to preexisting flight restrictions in the Washington, D.C. area.

Specifically, the Advisory Circular explains that “[m]odel aircraft must not operate in

Prohibited Areas, Special Flight Rules Areas or, the Washington National Capital

Region Flight Restricted Zone, without specific authorization.” Advisory Circular 91-

57A § 6(d).

FAA restricted the airspace around Washington, D.C., following the September

11, 2001, terrorist attacks. After the attacks, FAA acted pursuant to its authority to

protect airspace “in the interest of national defense,” 49 U.S.C. § 40103(b)(3), and

established restrictions on the operation of aircraft in the Washington, D.C.,

Metropolitan Area airspace. See Notice to Airmen (NOTAM)3 3/2126 (Effective Mar.

3 NOTAMs contain information “concerning the establishment, condition, or

change in any component (facility, service, or procedure of, or hazard in the National Airspace System).” Pilot/Controller Glossary, FAA PCG N-3, through N-4 (April 3, 2014), http://www.faa.gov/air_traffic/publications/media/pcg_4-03-14.pdf; see also FAA Order JO 7930.2N 6-1-3 (October 1, 2013) (discussing use of NOTAMs for

Continued on next page.


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18, 2003) (establishing Washington, D.C., restricted airspace, known as an “Air

Defense Identification Zone”); see also Final Rule, Washington DC Metropolitan Area

Special Flight Rules Area, 73 Fed. Reg. 76,195 (Dec. 2008) (discussing history of D.C.

airspace restrictions).

In August 2005, FAA initiated a rulemaking to codify the restricted airspace

around Washington, D.C., as a Special Flight Rules Area; FAA issued a final rule in

December 2008. See 70 Fed. Reg. 45,250 (Aug. 4, 2005); 73 Fed. Reg. 76,195; 14

C.F.R. §§ 93.331-93.345. The regulations establish both the DC Special Flight Rules

Area, which is the airspace within a thirty-mile radius around Reagan National

Airport, and the DC Flight Restricted Zone, which is a fifteen-mile radius inner subset

of the Special Flight Rules Area. 14 C.F.R. § 93.335; see also 14 C.F.R. §§ 93.339,

93.341 (describing requirements of operation within the DC Special Flight Rules Area

and Flight Restricted Zone). Any pilot “conducting any type of flight operation in the

DC Special Flight Rules Area [] must comply with . . . all special instructions issued by

the FAA . . . in any manner . . . including a NOTAM.” 14 C.F.R. § 93.337.

FAA has issued numerous NOTAMs restricting aircraft operations, including

model aircraft operations, within the DC Special Flight Rules Area. The initial

NOTAM’s explicit ban—“no person may operate an aircraft” without “an operable

restricted airspace). NOTAMs are publically available on FAA’s website, and those relevant to this case are reproduced in the addendum. See https://pilotweb.nas.faa.gov/PilotWeb/. The NOTAMs at issue in this case have a “location” of “ZDC.”


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two-way radio,” among other requirements, NOTAM 3/2126, pt. 3 (effective Mar. 18,

2003)—has been echoed in subsequent NOTAMs and the 2009 regulations. See 14

C.F.R. § 93.339(a); NOTAM 6/2550 (effective Mar. 1, 2006) (same requirements for

operating “an aircraft, including ultralight vehicles, unmanned air systems, civil

aircraft, and public aircraft”); see also NOTAM 7/0206 (effective Aug. 30, 2007);

NOTAM 6/2062 (effective Feb. 10, 2016); NOTAM 6/2060 (effective Feb. 10,

2016); NOTAM 0/8326 (effective Dec. 1, 2010).

On February 10, 2016, FAA relaxed its restriction on model aircraft operating

within the DC Special Flight Rules Area. Model aircraft that are registered under the

registration rule, weigh less than 55 pounds, and operate below 400 feet may fly

within the DC Special Flight Rules Area (outside the Flight Restricted Zone) as long

as they are operated during the day and within the visual line of sight of the operator.

See NOTAM 6/2069 (effective Feb. 10, 2016). This understanding is reflected in

FAA’s “B4UFLY” application for mobile application for mobile devices.

SUMMARY OF ARGUMENT

I. Before operating a small unmanned aircraft system in the national airspace,

an owner of a small unmanned aircraft must register the aircraft. Individuals may do

so by accessing a website, providing their name and address, and affixing a registration

number to their unmanned aircraft. Petitioner urges that FAA lacks authority to


12

implement such a registration rule for unmanned aircraft operated recreationally.4 But

FAA has authority to regulate “aircraft,” defined as “any contrivance invented, used,

or designed to navigate, or fly in, the air.” See 49 U.S.C. § 40102(a)(6). Petitioner

makes no attempt to argue that his model aircraft falls outside the terms of that

definition. Instead, he urges that Congress created a class of unmanned aircraft, called

“model aircraft” that are not “aircraft.” That argument finds no basis in the text or

purpose of the Modernization Act.

Petitioner further contends that the Modernization Act deprived FAA of the

authority to require operators of model aircraft, as defined in the Act, to register with

FAA. But Congress has required, by statute, that owners of aircraft register those

aircraft. The registration rule, rather than imposing any new obligations on operators

of model aircraft, declares that FAA will no longer exercise its discretion to withhold

enforcement of preexisting registration requirements with respect to model aircraft

and creates an easier process for registration. Requiring the agency to exempt model

4 In case no. 16-1011, petitioner also challenges FAA’s “Clarification of the

Applicability of Aircraft Registration Requirements for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for [Unmanned Aircraft Systems],” published in the Federal Register on October 22, 2015. Pet. Br. 31; see 80 Fed. Reg. 63,912 (Oct. 22, 2015). Petitioner does so “in an abundance of caution.” Pet. Br. 31; see also Pet. Br. 40, 53, 62-63 (incorporating by reference arguments made against the registration rule without advancing independent arguments). Petitioner’s timely challenge to the merits of the registration rule make it unnecessary to consider petitioner’s challenge to the Clarification and Request for Information, and, by extension, his argument that untimely review is justified. See Pet. Br. 64-67.


13

aircraft operators from registration requirements would create a gaping hole in FAA’s

enforcement authority and threaten the safety of the national airspace system.

Petitioner also argues that the registration rule could not have been

implemented as an interim final rule. FAA explained, however, that the agency had

good cause to determine that waiting to require registration following a notice-and-

comment rulemaking would be impracticable and would harm the public interest.

Petitioner has provided no basis for calling into question the need for a registration

system to be in place prior to the 2015 holiday season when an unprecedented

number of unmanned aircraft systems were purchased and given as gifts.

II. Petitioner also challenges an FAA Advisory Circular reiterating FAA’s

restrictions on model aircraft operations in the Washington, D.C., Special Flight Rules

Area. As petitioner acknowledges, however, his challenge to that rule is untimely.

Moreover, because the Advisory Circular is not the source of those restrictions—

which date back to 2003—the Advisory Circular itself is not final agency action

subject to challenge under 49 U.S.C. § 46110.

If this Court were to reach the merits of petitioner’s challenge, his petition for

review should be denied. FAA quite reasonably imposes restricted flight operations

around our Nation’s capital. And because the Advisory Circular did not put those

rules into place, it did not need to explain the rationale for those restrictions in great

detail, nor was it required to be adopted through notice-and-comment rulemaking.


14

STANDARD OF REVIEW

This Court may “affirm, amend, modify, or set aside” a final order of FAA. 49

U.S.C. § 46110. Challenges under 49 U.S.C. § 46110 may be set aside only when

“arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”

and “[f]indings of fact by the Secretary, Under Secretary, or Administrator, if

supported by substantial evidence, are conclusive.” 5 U.S.C. § 706(2)(A); 49 U.S.C.

§ 46110; see also J.A. Jones Mgmt. Servs. v. FAA, 225 F.3d 761, 764 (D.C. Cir. 2000)

(applying arbitrary and capricious standard to suit under section 46110).

ARGUMENT

I. The Registration Rule is a Lawful Exercise of FAA’s Regulatory Authority. A. Model aircraft are “aircraft” subject to FAA’s regulatory authority. 1. Congress has charged FAA with promoting safe flight and ensuring safe and

efficient use of the national airspace through, among other things, “prescrib[ing] air

traffic regulations on the flight of aircraft.” 49 U.S.C. §§ 40103(b), 44701. Congress

has also directed that “a person may operate an aircraft only when the aircraft is

registered.” 49 U.S.C. § 44101; see also id. § 44103. Federal law defines “aircraft” as

“any contrivance invented, used, or designed to navigate, or fly in, the air.” See 49

U.S.C. § 40102(a)(6).

The FAA Modernization Act creates a subset of “aircraft,” called “model

aircraft,” that are “unmanned aircraft” capable of sustained flight in the atmosphere;


15

flown within visual line of sight of the person operating the aircraft; and flown for

hobby or recreational purposes. Modernization Act § 336(c).

2. Because “model aircraft,” as defined in the Modernization Act, are plainly

“contrivance[s] invented, used, or designed to navigate, or fly in, the air,” 49 U.S.C.

§ 40102(a)(6), model aircraft are subject to regulation by FAA as “aircraft.”

See 80 Fed. Reg. at 78,599; see also Huerta v. Pirker, NTSB Order No. EA-5730, at 12

(Nov. 17, 2014) (affirming that model aircraft are “aircraft”).

By recognizing that model aircraft are “aircraft,” the registration rule confirms

FAA’s longstanding position that the statutory term “aircraft” includes unmanned

aircraft, whether operated recreationally or commercially. See 79 Fed. Reg. 36,172,

36,172 (June 25, 2015) (“Historically, the FAA has considered model aircraft to be

aircraft that fall within the statutory and regulatory definitions of an aircraft, as they

are contrivances or devices that are ‘invented, used, or designed to navigate, or fly in,

the air.’ ”); see also 72 Fed. Reg. 6689, 6690 (Feb. 13, 2007) (“The current FAA policy

for [unmanned aircraft system] operations is that no person may operate [an

unmanned aircraft system] in the National Airspace System without specific authority

[from FAA]. . . . [F]or model aircraft the authority is AC 91-57.”); 78 Fed. Reg. 44,300

(July 23, 2013) (announcing rulemaking pursuant to 49 U.S.C. § 44701 for small

unmanned aircraft, including model aircraft); Unmanned Aircraft Systems Operations

in the U.S. National Airspace System—Interim Operational Approval Guidance,

AFS-400 UAS Policy 05-01, FAA 6.13 (Sept. 16, 2005) (defining model aircraft as


16

unmanned aircraft and unmanned aircraft falling within 14 C.F.R. § 1.1); Integration

of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS)

Roadmap, First Edition 2013, at 14, 42 (Nov. 7, 2013) (“Because unmanned aircraft

[whose definition encompasses model aircraft] are considered aircraft . . . existing

regulations and procedures are largely applicable.”).

3. Petitioner’s arguments that FAA lacks authority to regulate model aircraft as

“aircraft” are without merit. Because the meaning of the statute is clear, and model

aircraft fall within the statute’s plain terms, petitioner and amici’s discussion of

deference under Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837

(1984), is misplaced. Pet. Br. 26-27, 33; Amicus Br. 11-14, 16, 23.

a. As discussed above, Congress has expansively defined aircraft to include

“any contrivance invented, used, or designed to navigate, or fly in, the air,” 49 U.S.C.

§ 40102(a)(6), and conferred on FAA regulatory authority over aircraft. See 49 U.S.C.

§ 40103(b), 49 U.S.C. § 44701. Petitioner presents no argument based on the text of

the statute that model aircraft are not “designed to navigate, or fly in, the air” and are

therefore not “aircraft.” Id. § 40102(a)(6). Unsurprisingly, petitioner fails to offer a

viable alternative interpretation of the statutory term “aircraft,” variously arguing that

“aircraft” are only manned aircraft, Pet. Br. 34 n.11, 51; “aircraft” are all aircraft other

than those that fall within the description of “model aircraft” found in section 336(c)

of the Modernization Act, Pet. Br. 38-39; “aircraft” are all aircraft other than model


17

aircraft that meet the additional requirements in section 336 (a) of the Modernization

Act, Pet. Br. 28-29; and “aircraft” are only aircraft used commercially, Pet. Br. 17.

The fact that model aircraft are “aircraft” does not conflict with other

regulatory provisions. See Pet. Br. 36-37, 44-45, 48-52. Certain of FAA’s regulations

for manned aircraft cannot apply by their terms to unmanned aircraft; others would

be overly burdensome to apply to unmanned aircraft (indeed, that is the genesis of the

registration rule’s alternate, streamlined registration procedure). But this does not

indicate that model aircraft do not meet the statutory definition of “aircraft.” See, e.g.,

Interpretation of Special Rule for Model Aircraft, 79 Fed. Reg. at 36,175-76 (citing

particular regulations that would commonly apply to model aircraft operations).

Petitioner’s argument that the modifier model indicates that his unmanned

aircraft is not an “aircraft” is similarly unavailing. Pet. Br. 38-39 (putting forth

example of “model train”). The question is whether a model aircraft meets the

definition of “aircraft” under the statute, not what the modifier model may mean in

various contexts. In this case, Congress has defined “aircraft” as “any contrivance

invented, used, or designed to navigate, or fly in, the air.” 49 U.S.C. § 40102(a)(6)

(emphasis added). Model aircraft, as defined in Modernization Act § 336(c),

comfortably fit within that definition, and petitioner cannot reasonably contend

otherwise.

Moreover, the expansive definition of “aircraft” under the statute does not

mean, as petitioner suggests, Pet. Br. 43, that “paper airplanes” and “Frisbees” must


18

be registered with FAA. As FAA has explained to the public, almost all children’s toys

that cost less than $100 will be exempted from the rule by virtue of the provision’s

minimum weight limit (equivalent to approximately two sticks of butter). Paper

airplanes, toy balloons, Frisbees, and similar items are also not subject to registration

because the registration requirement applies only to unmanned aircraft that are part of

a small unmanned aircraft system. 14 C.F.R. § 48.1(a). Furthermore, FAA does not

require registration for unmanned aircraft that are not part of unmanned aircraft

systems. See Pet. Br. 50.

Contrary to petitioner’s suggestion (Pet. Br. 51-52), the fact that FAA does not

require the registration of ultralight vehicles does not alter the analysis. As FAA made

clear in promulgating the exception for such vehicles, FAA reserves the authority to

revisit the registration exception and to discontinue its exercise of enforcement

discretion if circumstances require. See Ultralight Vehicles; Operating Requirements,

47 Fed. Reg. 38,770-01 (Sept. 2, 1982) (“While this rule does not, at this time, require .

. . vehicle registration . . . a continuation of burgeoning growth of the ultralight

population could necessitate further regulation.”).

b. Petitioner also argues that the Modernization Act creates a distinction among

“civil aircraft” (commercially operated aircraft subject to FAA regulation), “public

aircraft” (an aircraft owned and operated by the government), and “model aircraft,”

which he asserts are not “aircraft.” Pet. Br. 7, 34, 37-38. In addition to not grappling


19

with the plain text of the statutory definition of “aircraft” in 49 U.S.C. § 40102(a)(6),

this argument fails on its own terms.

Congress applied the statutory registration requirement to all aircraft, making

no distinction with respect to the kind of operation for which the aircraft may be

used. See 49 U.S.C. § 44101(a). Thus, unless the aircraft is registered, no person may

operate an unmanned aircraft that is associated with an unmanned aircraft system,

regardless of the nature of the operation.

Contrary to petitioner’s assertions, model aircraft are “aircraft” and therefore

must be registered. The relevant statutory scheme makes clear that model aircraft are a

subset of civil aircraft. Congress divided aircraft operations into “public aircraft” and

“civil aircraft.” See 49 U.S.C. §§ 40102(a)(16), (a)(41), 40125. The Modernization Act

does not purport to alter the basic distinction between public and civil aircraft

operations. The definition of “civil aircraft,” which is any aircraft other than a public

aircraft, remains unchanged by the Modernization Act. See Modernization Act §§ 331-

336 (discussing both public and civil unmanned aircraft systems). Indeed, sections

332(b)-(d), 333, and 335 of the Act mandate FAA rulemaking for and assessment of

all unmanned aircraft systems.

Petitioner correctly notes that FAA sometimes uses the term “civil aircraft” as

shorthand for aircraft flown commercially, rather than for other purposes. Pet. Br. 15

n.3, 16, 33-35, 52. But FAA shorthand is not an interpretation of the statutory

definitions in 49 U.S.C. § 40102; nor could FAA’s description alter these statutory


20

definitions. And accepting petitioner’s theory that civil aircraft are only those flown

commercially leads to the untenable conclusion that manned aircraft flown for

recreational purposes would also not be “aircraft,” as they, too, would be neither

“civil aircraft,” nor “public aircraft.”

B. Section 336 of the Modernization Act does not withdraw FAA’s authority to require owners of small unmanned aircraft operated as model aircraft to register their aircraft.

FAA’s decision to cease its exercise of enforcement discretion and require

owners of small unmanned aircraft operated as model aircraft to register their aircraft

is fully consistent with section 336 of the Modernization Act. Section 336 states that

the agency “may not promulgate any rule or regulation regarding a model aircraft”

that meet particular criteria, including being “flown strictly for hobby or recreational

use” and operated “in accordance with a community-based set of safety guidelines

and within the programming of a nationwide community-based organization.”

Modernization Act § 336(a)(1), (2). Section 336 plainly does not withdraw FAA’s

preexisting statutory authority to require owners of aircraft to register those aircraft.

1. As explained, by statute, all aircraft must be registered prior to operation.

49 U.S.C. §§ 44101, 44103. Until recently, however, FAA exercised enforcement

discretion regarding registration and other requirements as applied to unmanned

aircraft. See, e.g., 80 Fed. Reg. 78,594, 78,640 (Dec. 16, 2015) (noting past and future

exercise of enforcement discretion with regard to registration); 80 Fed. Reg. 63,914

(Oct. 22, 2015). In the registration rule, FAA announced its intention to begin


21

enforcing the statutory registration requirement against owners of small unmanned

aircraft operated as model aircraft, and provided those operators with a less

burdensome alternative registration process in place of the existing paper-based

registration process implementing the statutory registration requirement.

Because section 336(a) bars only future FAA regulation of model aircraft, not

implementation of preexisting statutory requirements, the registration rule does not

run afoul of that provision. As FAA explained in the registration rule, “the

prohibition against future rulemaking is not a complete bar on rulemaking and does

not exempt model aircraft from complying with existing statutory and regulatory

requirements.” 80 Fed. Reg. 78,634 (emphasis added); see also Interpretation of the

Special Rule for Model Aircraft, 79 Fed. Reg. 36,172, 36,173 (June 25, 2014) (“[B]ased

on the language of [section 336], we conclude that aircraft that meet the statutory

definition and operational requirements . . . would be exempt from future FAA

rulemaking action . . . .” (emphasis added)).

Registration is likewise consistent with the purposes of the Modernization Act.

A major impetus for the FAA Modernization Act was to “improve aviation safety.”

Modernization Act Preamble. Congress reiterates that focus throughout subtitle B of

the Modernization Act (titled “Unmanned Aircraft Systems”). See Modernization Act

§ 332(a)(1) (requiring FAA to “develop a comprehensive plan to safely” integrate

unmanned aircraft systems into the national airspace system); id. § 333(a) (requiring

FAA to “determine if certain unmanned aircraft systems may operate safely in the


22

[national airspace system] before” completing unmanned aircraft systems rulemaking);

id. § 333(c) (“If the Secretary determines under this section that certain unmanned

aircraft systems may operate safely in the national airspace system, the Secretary shall

establish requirements for the safe operation of such aircraft systems.”); id. § 335

(requiring FAA to carry out “all safety studies necessary” for unmanned aircraft

systems integration into the national airspace system). Recognizing this overarching

goal—safe integration of unmanned aircraft systems into the national airspace

system—Congress included section 336(b), which expressly confirmed that section

336(a)’s carve-out did not limit FAA authority “to pursue enforcement action against

persons operating model aircraft who endanger the safety of the national airspace

system.” Id. § 336(b).

In order for FAA to exercise its enforcement authority with respect to

unmanned aircraft, it must have the ability to connect unsafe unmanned aircraft

systems operation with the individual responsible for the aircraft. Because the

Modernization Act defines model aircraft based on the method and purpose of

operation, not based solely on any inherent features of the aircraft, see, e.g.,

Modernization Act § 336(a)(1), (c)(2), there is no way for FAA to know in advance of

registration whether an aircraft will qualify as a “model aircraft.” If FAA were forced

to exempt model aircraft from the statutory registration requirement, individuals

could simply decline to register their unmanned aircraft by asserting that they plan to

operate their aircraft as model aircraft, leaving FAA unable to identify and pursue


23

appropriate enforcement action against those who later renege on that intention or

engage in unsafe operation. And FAA would be without a means to identify small

unmanned aircraft owners and provide them with educational materials regarding safe

operation. That leads to the very kind of safety incidents described in the registration

rule, see 80 Fed. Reg. at 78,595, and undermines Congress’s intent that FAA protect

the national airspace system while integrating unmanned aircraft systems.

2. Petitioner’s and amicus’ arguments that the registration requirement violates

section 336 are unavailing.5 Both argue that the registration rule’s streamlined, web-

based registration is a prohibited new “rule or regulation regarding a model aircraft,”

under the Modernization Act § 336(a). Pet. Br. 7, 26-27; Amicus Br. 12-16.

As discussed above, the registration rule does not contravene section 336(a)

because it modifies preexisting enforcement discretion rather than creating a new

regulatory burden. FAA has repeatedly indicated that it has regulatory authority over

model aircraft. See supra 15-16. Indeed, as amicus acknowledges, FAA previously

“exempt[ed]” model aircraft from registration. Amicus Br. 14. The rescission of

FAA’s enforcement discretion does not constitute a new regulation. And there is no

reason to argue that FAA must remain tied to a paper-based system; indeed, this

would be counter to the interests of both petitioner and amicus. Pet. Br. 29-30, 35.

5 As explained, the registration rule applies to small unmanned aircraft weighing

under 55 pounds, regardless of operation. Petitioner’s arguments apply only to the registration rule’s application to owners of small unmanned aircraft operated as model aircraft, and, therefore, even if accepted, would not invalidate the rule generally.


24

Petitioner and amicus fail to take account of the relationship between section

336(a)’s prohibition on future rulemaking and section 336(b)’s enforcement authority.

See Pet. Br. 27-29, Amicus Br. 23. The limited exception in Section 336(a) should not

be permitted to prevent FAA from satisfying Congress’s simultaneously expressed

mandate to maintain the safety of the national airspace system and pursue

enforcement actions against unsafe operators of unmanned aircraft. Modernization

Act § 336(b).

C. The registration rule is not arbitrary and capricious.

Petitioner’s various challenges to the substance of the registration process also

lack merit. See Pet. Br. 8, 31, 39-40. Petitioner contends that FAA is using the

registration process to impose substantive requirements. Pet. Br. 8. At the time of

registration, a registrant is provided with safety guidance. When the online registration

system was first implemented, the registrant was asked to agree to follow such

guidance. Recognizing that there might be confusion as to whether this guidance was

mandatory, however, FAA has since modified the language in question. The current

language requires registrants to indicate only that they have read and understood the

safety guidance provided on the webpage.

Petitioner’s argument that the registration rule creates an impermissible

“registry of . . . people,” rather than of aircraft, is similarly unavailing. Pet. Br. 39-40.

Petitioner appears to be advocating a more intrusive registration process. See Pet. Br.

60. In any event, the statutory registration requirement does not focus solely on an


25

aircraft. For example, registering an aircraft requires the aircraft owner to satisfy

certain criteria which can include demonstrating that the aircraft is owned by a U.S.

citizen. 49 U.S.C. § 44102(a)(1)(A). And the certificate of registration is issued to the

aircraft owner, thus connecting the aircraft to its owner. 49 U.S.C. § 44103(a)(1)(B).

By allowing recreational operators to register once and keep track of a single

identification number and certificate, FAA permissibly tailored registration for model

aircraft to streamline the process, minimize the burden on owners of small unmanned

aircraft operated as model aircraft, and maximize registration. 80 Fed. Reg. at 78,628.

Petitioner also advances the argument that registration is insufficient to meet

FAA’s goal of national airspace system safety. Pet. Br. 60 & n.26. He contends that,

because registration is “not evidence of ownership of an aircraft in a proceeding in

which ownership is or may be in issue,” 49 U.S.C. § 44103(c)(2); 14 C.F.R. § 48.25(c),

registration cannot “ensure personal accountability” through enforcement actions.

80 Fed. Reg. at 78,597. Contrary to petitioner’s contention, however, registration is a

critical enforcement tool, providing FAA with a means to link a small unmanned

aircraft system to its owner, even if other evidence is ultimately dispositive in

situations where legal ownership is disputed. Cf. 14 C.F.R. §§ 47.11, 47.33, 47.35

(identifying items such as bills of sale, instruments showing transaction history, and

instruments creating trusts (for aircraft owned by trusts) as relevant evidence in title

disputes). In addition, registration and marking requirements provide a means by

which to quickly identify small unmanned aircraft in the event of an accident or other


26

incident, which directly furthers national airspace system safety. 80 Fed. Reg. at

78,595. Indeed, amicus acknowledges that the registration requirement is

“understandable,” “advisable,” and “useful.” Amicus Br. 17, 20.

D. FAA permissibly issued the registration rule as an interim final rule.

Petitioner contends that the registration rule must be vacated because it was

not the product of notice-and-comment rulemaking. Pet. Br. 57. But the

Administrative Procedure Act allows an agency to forego standard rulemaking when it

“for good cause finds . . . [that it is] impracticable, unnecessary, or contrary to the

public interest.” 5 U.S.C. § 553(b)(B). FAA’s registration rule provided good cause to

justify foregoing notice-and-comment rulemaking to promulgate the registration rule.

1. FAA’s registration rule was justified by a good cause finding that delay would

be impracticable and contrary to the public interest, specifically the public interest in

the safe and efficient operation of the national airspace. See 5 U.S.C. § 553(b)(B); Mack

Trucks, Inc. v. E.P.A., 682 F.3d 87, 93-95 (D.C. Cir. 2012). Delay in establishing

streamlined registration, given the dramatic increase in recreational unmanned aircraft

operations, would have posed a significant hazard to the national airspace and FAA’s

ability to address safety threats. See, e.g., Interstate Commerce Comm’n v. Oregon Pac. Indus.,

Inc., 420 U.S. 184, 192 (1975) (Powell, J., concurring) (explaining that a “particularly

sharp . . . increase in the severity of [a] problem” can demonstrate that “notice and

public procedure” would be “contrary to the public interest”).


27

As this Court has explained, good cause for issuing an interim final rule is

found in “emergency situations, where delay could result in serious harm.” Chamber of

Commerce of U.S. v. S.E.C., 443 F.3d 890, 908 (D.C. Cir. 2006) (citation omitted). This

Court and other courts of appeals have similarly recognized that regulations enacted

to save lives or to prevent future harm to health, medical benefits, or natural resources

fall within the good cause exception. See Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. Cir.

2004) (finding good cause when rule was “necessary to prevent a possible imminent

hazard to aircraft, persons, and property within the United States”); see also Hawaii

Helicopter Operators Ass’n v. FAA, 51 F.3d 212, 213-14 (9th Cir. 1995) (FAA’s special

safety rules for helicopter tours in Hawaii, enacted in the wake of increasing number

of helicopter accidents, was properly promulgated under the good cause exception);

North Am. Coal Corp. v. Director, Office of Workers’ Comp. Programs, U.S. Dep’t of Labor,

854 F.2d 386, 389 (10th Cir. 1988) (extension of filing deadline, without notice or

comment, for benefits under Black Lung Act was valid because delay would cause

“financial and other hardships” for miners); Northern Arapahoe Tribe v. Hodel, 808 F.2d

741, 751 (10th Cir. 1987) (Bureau of Indian Affairs properly enacted game code for

reservation without notice and comment where necessary to prevent irreparable harm

to wildlife from the ongoing hunting season); National Fed’n of Fed. Emps. v. Devine, 671

F.2d 607, 610-12 (D.C. Cir. 1982) (finding good cause for regulation postponing

“open season,” during which federal employees may enroll in or switch health plans,

when “the resulting actuarial disarray” of a timely open season “might have posed a


28

serious threat to the financial stability of the benefit program”); Washington State Farm

Bureau v. Marshall, 625 F.2d 296, 307 (9th Cir. 1980) (promulgation of rules, without

notice and comment, prohibiting certain pesticides on crops harvested by children,

was valid protection measure when crop season was already underway).

Delaying small unmanned aircraft system registration would have likewise

caused serious harm. As explained, civilian small unmanned aircraft system use is

quickly accelerating; FAA estimated an eight-fold increase in small unmanned aircraft

system model aircraft between 2014 and 2015. 80 Fed. Reg. at 78,595. Furthermore,

FAA expected that approximately half of the 1.6 million small unmanned aircraft sold

in 2015 would be sold in the fourth quarter, coinciding with the holiday shopping

rush. Id. at 78,595. FAA concluded that with each passing month significantly more

small unmanned aircraft systems would be operated by “individuals who have little to

no knowledge of airspace restrictions or safety implications.” Id. at 78,597. That

conclusion is supported by the increasing prevalence of unmanned aircraft directly

interfering with airport operations and fire response, illustrated by the examples

provided in the registration rule. Id. at 78,597-98 (describing, e.g., June 2015 incident

where four firefighting planes were grounded; July 2015 incident where firefighting

efforts were delayed for twenty minutes, which allowed what began as a small fire to

rapidly expand; October 2015 incident in which an unmanned aircraft brought down a

powerline and left hundreds of customers without electricity; and September 2015

incident in which an eleven-month-old baby was injured when an unmanned aircraft


29

crashed). FAA’s decision to proceed via an interim final rule is also supported by the

the substantial increase in reports of potentially unsafe unmanned aircraft operations

that took place between January 2014 and the end of 2015. Id.

FAA’s registration rule directly responds to the dangers that flow from the

dramatic increase in the number of unmanned aircraft operating in our national

airspace system. A streamlined registration process significantly increases the

likelihood of FAA enforcement against operators who jeopardize the national airspace

system. Indeed, over 300,000 owners registered within the first two months of the

online system. FAA, Press Release, FAA Registered Nearly 300,000 Unmanned

Aircraft Owners (Jan. 22, 2016). In addition, the registration process provides FAA

with an opportunity to educate operators on how to safely operate their unmanned

aircraft.

2. Petitioner states that FAA lacked good cause to proceed by means of an

interim final rule, Pet. Br. 57, but provides no basis for calling into question FAA’s

findings that the dramatic increase in unmanned aircraft ownership poses a serious

threat to the national airspace system. The registration rule, rather than being based

on speculative harms, or designed to limit damage to the public fisc or avoid FAA

inconvenience, protects the public and the national airspace. This case is thus

distinguishable from Sorenson Commc’ns Inc. v. F.C.C., 755 F.3d 702, 706-07 & n.4 (D.C.

Cir. 2014), in which this Court rejected the agency’s rationale for forgoing notice-and-


30

comment rulemaking because the agency stated only harm to the public fisc, and

“[t]he Commission’s record [was] simply too scant to establish a fiscal emergency.” Id.

Petitioner’s argument that there “was apparently no particular rush” based on

the fact FAA included a two-month grace period for then-current model aircraft

owners to register, Pet. Br. 61, fails to advance his claim. This argument ignores the

fact that new owners, who were the most likely to lack an understanding of safe

operation, were required to register before any use. 14 C.F.R. § 48.5.

Amicus similarly underestimates the safety hazards posed by unmanned aircraft

and the backdrop against which FAA issued the registration rule. Amicus Br. 19-20.

Even though the registration rule sets forth numerous examples of wildfire fighting

aircraft being diverted due to unauthorized unmanned aircraft system operations, 80

Fed. Reg. at 78,598, amicus claims, without substantiation, that increased small

unmanned aircraft system operations have “not manifested any flight changes or

cancellations.” Amicus Br. 19. Similarly, amicus dismisses examples of personal injury

(including to a small child), property damage, and small unmanned aircraft system

crashes at sporting events, 80 Fed. Reg. at 78,598, as “minor . . . inconvenience.”

Amicus Br. 20. Contrary to amicus’suggestion, an agency need not wait for the

disruption of commercial flights, “dozens of deaths,” or terrorism to address

imminent safety threats. Id.

Finally, to the extent petitioner and amicus argue that FAA’s delay is

responsible for the urgency faced by FAA, Pet. Br. 61, Amicus Br. 18, 20, such


31

arguments are wide of the mark. FAA has been diligently working to integrate

unmanned aircraft systems into the national airspace; the unprecedented increase in

sales of unmanned aircraft to novice users in the last third of 2015 presented FAA

with an exigent risk of substantial harm.

II. Petitioner’s Challenge to Advisory Circular 91-57A Should be Dismissed.

The petition for review purporting to challenge Advisory Circular 91-57A

should be dismissed. Advisory Circular 91-57A “provides guidance to persons

operating Unmanned Aircraft (UA) for hobby or recreational purposes” as defined in

section 336 of the Modernization Act and “describes means by which model aircraft

may be operated safely.” Advisory Circular 91-57A § 1. Petitioner challenges section

6(d) of the advisory circular, Pet. Br. 41-44, 53-56, which states that “model aircraft

operators must comply with any Temporary Flight Restrictions,” “must not operate in

Prohibited Areas, Special Flight Rule Areas or, the Washington National Capital

Region Flight Restricted Zone,” and “should be aware of other Notices to Airmen.”

Advisory Circular 91-57A § 6(d). As explained below, the petition is untimely,

challenges action not subject to review under section 46110, and is, in any event,

without merit.

A. The petition challenging the Advisory Circular should be dismissed as out-of-time.

Under 49 U.S.C. § 46110, “a person disclosing a substantial interest in an order

issued by the Secretary of Transportation . . . may apply for review of the order by


32

filing a petition for review in the United States Court of Appeals for the District of

Columbia Circuit” within sixty days unless the petitioner can demonstrate “reasonable

grounds” for the delay. Advisory Circular 91-57A was issued September 2, 2015;6

petitioner filed his challenge on January 12, 2016. Pet. Br. 67. The petition should

therefore be dismissed as untimely.

Petitioner alleges that his failure to timely object to FAA’s advisory circular is

excused by a lack of notice. Pet. Br. 67-70. Specifically, he argues that because the

Federal Register notice of Advisory Circular 91-57A provided the web address of the

advisory circular, rather than wholly reproducing the text, it could not give notice. Pet.

Br. 67.

But petitioner has provided no grounds upon which this Court could excuse

his untimely filing. As petitioner acknowledges, FAA published notice of the advisory

circular in the Federal Register with a link to where the public could view the advisory

circular online. See Pet. Br. 67; 80 Fed. Reg. 54,367 (Sept. 9, 2015). By statute, the

“filing of a document [in the Federal Register]. . . is sufficient to give notice of the

contents of the document to a person subject to or affected by it.” 44 U.S.C. § 1507.

Petitioner provides no support for his contention that a web link is insufficient to give

6 On January 11, 2016, FAA released a correction to Advisory Circular 91-57A

fixing a typographic error. See Advisory Circular 91-57A—Model Aircraft Operating Standards—Including Change 1 Document Information, FAA https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1028086.


33

such notice. Petitioner’s argument that his untimely filing should be excused therefore

fails to meet this Court’s stringent standard for “reasonable grounds” excusing delay

under section 46110. See National Fed’n of the Blind v. United States Dep’t of Transp., Nos.

15-1026, 15-5078, 2016 WL 3524569, at *5 (D.C. Cir. June 28, 2016).

B. The challenged Advisory Circular does not alter any legal obligations and is therefore not final agency action.

Even if this Court were to find reasonable grounds to excuse petitioner’s delay

in filing his petition in case no. 16-1008, the advisory circular would still not be

subject to review under 49 U.S.C. § 46110 because it is not final agency action.

As this Court has explained, review under section 46110 is limited to “review

of final agency orders.” Puget Sound Traffic Ass’n v. Civil Aeronautics Bd., 536 F.2d 437,

438-39 (D.C. Cir. 1976) (discussing 49 U.S.C. § 1486, the predecessor to section

46110). “To be deemed ‘final’ and thus reviewable as an order under 49 U.S.C.

§ 46110, an agency disposition ‘must mark the “consummation” of the agency’s

decisionmaking process,’ and it ‘must determine rights or obligations or give rise to

legal consequences.’” Safe Extensions, Inc. v. FAA, 509 F.3d 593, 598 (D.C. Cir. 2007)

(quoting City of Dania Beach v. FAA, 485 F.3d 1181, 1187 (D.C. Cir. 2007)).

As discussed above, petitioner challenges section 6(d) of Advisory Circular 91-

57A, see Pet. Br. at 41-44, 53-56, which states that “model aircraft operators must

comply with any Temporary Flight Restrictions,” “must not operate in Prohibited

Areas, Special Flight Rule Areas, or, the Washington National Capital Region Flight


34

Restricted Zone,” and “should be aware of other Notices to Airmen.” Advisory

Circular 91-57A § 6(d). Contrary to petitioner’s claim, the Advisory Circular merely

repeats unchanged FAA’s preexisting restriction on aircraft operations within the DC

Special Flight Rules Area (the thirty-mile radius around Reagan National Airport).

Advisory Circular 91-57A does not constitute “final agency action” subject to

judicial review under 49 U.S.C. § 46110. Rather than constituting the “consummation

of the [FAA’s] decisionmaking” on the Special Flight Rules Area, U.S. Army Corps of

Eng’rs v. Hawkes Co., 136 S. Ct. 1807, 1813 (2016) (citing Bennett v. Spear, 520 U. S. 154,

178 (1997)), Advisory Circular 91-57A § 6(d), is one of many FAA communiques

describing the effect of the 2009 notice-and-comment rulemaking (codified in 14

C.F.R. pt. 93, Subpart V) that established the Special Flight Rules Area for

Washington, D.C. See, e.g., FAA, NOTAM Advisory, Washington, D.C., Metropolitan

Special Flight Rules Area and Washington Area Speed Restrictions (Dec. 1, 2010),

http://www.faa.gov/news/media/sfra_flight_advisory.pdf; Interpretation of the

Special Rule for Model Aircraft, 79 Fed. Reg. 36,172, 36,173 (June 25, 2014).

The advisory circular thus imposed no new requirements regarding the Special

Flight Rules Area or Flight Restricted Zone. As discussed above, for over fourteen

years, a thirty-mile radius around Washington, D.C., has been restricted from use by

model aircraft, which cannot meet the requirements for flight in this zone. See

NOTAM 3/2126 (effective Mar. 18, 2003). The initial NOTAM’s explicit ban—“no

person may operate an aircraft” without “an operable two-way radio,” among other


35

requirements, id.—has been echoed in subsequent NOTAMs. See, e.g., NOTAM

6/2550 (effective Mar. 1, 2006) (same requirements for operating “an aircraft,

including ultralight vehicles, unmanned air systems, civil aircraft, and public aircraft”).

FAA codified the restriction at 14 C.F.R. § 93.339(a) in 2009 and has referenced it in

subsequent Washington, D.C., NOTAMs. See, e.g., NOTAM 6/2062 (effective Feb.

10, 2016).

The advisory circular’s restatement of existing regulations did not “give rise to

‘legal consequences,’” and was thus not final agency action. Safe Extensions, 509 F.3d at

598. It should come as no surprise, therefore, that the advisory circular does not

explain the rationale for protecting the airspace around Washington, D.C. See Pet. Br.

53-55 (challenging the advisory circular on the basis of an insufficient explanation).

C. In addition, petitioner’s substantive challenges to the Advisory Circular are without merit.

Even assuming the Advisory Circular were final agency action, petitioner’s

challenge to the merits of that circular fail. Pet. Br. 32. Advisory Circular 91-57A’s

statement that “[m]odel aircraft must not operate” in the Special Flight Rules Area

does not violate section 336(a) of the Modernization Act because it was simply

repeating preexisting FAA restrictions within the DC Special Flight Rules Area. See

§§ II(b), I(b), supra.

For the same reasons, Advisory Circular 91-57A does not violate the APA.

This Court has recognized that advisory circulars are informal agency action “not


36

subject to APA requirements of notice and comment and record proceeding.” Avia

Dynamics, Inc. v. FAA, 641 F.3d 515, 520 (D.C. Cir. 2011) (citing Safe Extensions, 509

F.3d at 598-600, 604). FAA uses advisory circulars to articulate “methods, procedures,

and practices . . . for complying” with FAA regulations, as well as expressing

“explanations of regulations, other guidance material, best practices, or information

useful to the aviation community.” Advisory Circular System, FAA Order 1320.46D,

at 1-1 (effective Apr. 7, 2015). Petitioner’s argument that notice-and-comment

rulemaking was required, see Pet. Br. 63, proceeds based on the erroneous premise

that Advisory Circular 91-57A section 6(d) is a legislative rule, rather than a statement

of preexisting legal obligations.

The application of DC Special Flight Rules Area restrictions to model aircraft

also does not exceed FAA authority under 49 U.S.C. § 40103(b)(3), which authorizes

FAA to, “by regulation or order, restrict or prohibit flight of civil aircraft.” See Pet. Br.

41-42. As discussed above, the statutory definition of “civil aircraft,” 49 U.S.C.

40102(a)(16), encompasses model aircraft. See § I(a), supra. Therefore, FAA may

permissibly restrict or prohibit model aircraft from flying within the DC Special Flight

Rules Area.

Restricting model aircraft use within the DC Special Flight Rules Area is not

arbitrary and capricious. See Pet. Br. at 53-56. Although FAA appreciates that many

unmanned aircraft operators will operate their aircraft safely and only on their own

property or in other unpopulated spaces, see Pet. Br. 43, 56, not all unmanned aircraft


37

will be operated in such a manner, as the myriad examples in the registration rule of

unsafe operation demonstrate. See 80 Fed. Reg. at 78,598. Under petitioner’s theory,

non-commercial use of model aircraft (including cameras) up to fifty-five pounds

could be used by anyone, nearly anywhere in Washington D.C., at any time. Petitioner

offers no reason to question FAA’s decision to restrict aircraft operations within a

thirty-mile radius of the city in the interest of national defense. 49 U.S.C.

§ 40103(b)(3).

Nor does it advance petitioner’s claim to note that FAA has asserted the

authority to regulate unmanned aircraft operating on private property. Pet. Br. 42. The

cases invoked by petitioner all involved claims under the Takings Clause. Petitioner

raises no such claim in this suit. He has instead brought a suit under 49 U.S.C.

§ 46110 challenging an administrative action as unlawful.

Moreover, contrary to petitioner’s contention, FAA’s authority encompasses

any area involved in “air commerce” and Congress has specifically charged FAA with

regulating the “navigable airspace.” 49 U.S.C. § 40103. Such authority includes the

ability to regulate outdoor operation of model aircraft. The term “air commerce,” is

defined broadly to include “the operation of aircraft within the limits of a Federal

airway, or the operation of aircraft that directly affects, or may endanger safety in

foreign or interstate air commerce.” 49 U.S.C. § 40102(a)(3). And the “navigable

airspace” is defined as “airspace above the minimum altitudes of flight prescribed by

regulations . . . including airspace needed to ensure safety in the takeoff and landing of


38

aircraft.” Id. at 40102(a)(32). Because of these expansive definitions, the National

Transportation Safety Board has held that “any use of an aircraft, for the purpose of

flight, constitutes air commerce.” Administrator v. Barrows, 7 N.T.S.B. 5, 8 (1990).

Courts that have considered this issue have reached similar conclusions that “air

commerce” encompasses a broad range of commercial and non-commercial aircraft

operations. See, e.g., United States v. Healy, 376 U.S. 75, 84-85 (1964) (holding that the

statutory definition of “air commerce” in the Federal Aviation Act is not limited to

commercial airplanes); Hill v. NTSB, 886 F.2d 1275, 1280 (10th Cir. 1989) (“The

statutory definition of ‘air commerce’ is therefore clearly not restricted to interstate

flights occurring in controlled or navigable airspace.”).


39

CONCLUSION

For the foregoing reasons, the petition for review in case no. 15-1495 should

be denied, and the petitions for review in case nos. 16-1008 and 16-1011 should be

dismissed.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

MICHAEL S. RAAB (202) 514-4053 s/Abby C. Wright

ABBY C. WRIGHT (202) 514-0664 Attorneys, Appellate Staff Civil Division, Room 7252 U.S. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C. 20530

AUGUST 2016


CERTIFICATE OF COMPLIANCE WITH FEDERAL RULE OF APPELLATE PROCEDURE 32(A)

I hereby certify that this brief complies with the requirements of Fed. R. App.

P. 32(a)(5) and (6) because it has been prepared in 14-point Garamond, a

proportionally spaced font.

I further certify that this brief complies with the type-volume limitation of Fed.

R. App. P. 32(a)(7)(B) because it contains 9,337 words, according to the count of

Microsoft Word.

s/ Abby C. Wright Abby C. Wright Counsel for the Administrator


CERTIFICATE OF SERVICE

I hereby certify that on August 4, 2016, I electronically filed the foregoing with

the Clerk of the Court for the United States Court of Appeals for the D.C. Circuit by

using the appellate CM/ECF system.

The participants in the case are registered CM/ECF users and service will be

accomplished by the appellate CM/ECF system.

s/ Abby C. Wright

Abby C. Wright Counsel for the Administrator


ADDENDUM


i

Table of Contents

2012 Modernization Act, Subtitle B ............................................................................. A1

49 U.S.C. § 44101 .......................................................................................................... A11

49 U.S.C. § 44103 .......................................................................................................... A12

14 C.F.R. § 48.5 ............................................................................................................. A14 14 C.F.R. § 48.15 .......................................................................................................... A15 14 C.F.R. § 48.30 .......................................................................................................... A16 NOTAM 3/2126 .......................................................................................................... A22 NOTAM 6/2550 ........................................................................................................... A25

NOTAM 7/0206 ........................................................................................................... A29

NOTAM 0/8326 ........................................................................................................... A33

NOTAM 6/2062 ........................................................................................................... A40

NOTAM 6/2069 ........................................................................................................... A43

NOTAM 6/2060 ........................................................................................................... A47


-A1-

FAA Modernization and Reform Act of 2012

Subtitle B—Unmanned Aircraft Systems

SEC. 331. DEFINITIONS.

In this subtitle, the following definitions apply:

(1) ARCTIC.—The term ‘‘Arctic’’ means the United States zone of the Chukchi Sea,

Beaufort Sea, and Bering Sea north of the Aleutian chain.

(2) CERTIFICATE OF WAIVER; CERTIFICATE OF AUTHORIZATION.—

The terms ‘‘certificate of waiver’’ and ‘‘certificate of authorization’’ mean a Federal

Aviation Administration grant of approval for a specific flight operation.

(3) PERMANENT AREAS.—The term ‘‘permanent areas” means areas on land or

water that provide for launch, recovery, and operation of small unmanned aircraft.

(4) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The term ‘‘public

unmanned aircraft system’’ means an unmanned aircraft system that meets the

qualifications and conditions required for operation of a public aircraft (as defined in

section 40102 of title 49, United States Code).

(5) SENSE AND AVOID CAPABILITY.—The term ‘‘sense and avoid capability’’

means the capability of an unmanned aircraft to remain a safe distance from and to

avoid collisions with other airborne aircraft.

(6) SMALL UNMANNED AIRCRAFT.—The term ‘‘small unmanned aircraft’’

means an unmanned aircraft weighing less than 55 pounds.


-A2-

(7) TEST RANGE.—The term ‘‘test range’’ means a defined geographic area where

research and development are conducted.

(8) UNMANNED AIRCRAFT.—The term ‘‘unmanned aircraft’’ means an aircraft

that is operated without the possibility of direct human intervention from within or

on the aircraft.

(9) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned aircraft system’’

means an unmanned aircraft and associated elements (including communication links

and the components that control the unmanned aircraft) that are required for the

pilot in command to operate safely and efficiently in the national airspace system.

SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS

INTO NATIONAL AIRSPACE SYSTEM.

(a) REQUIRED PLANNING FOR INTEGRATION.—

(1) COMPREHENSIVE PLAN.—Not later than 270 days after the date of

enactment of this Act, the Secretary of Transportation, in consultation with

representatives of the aviation industry, Federal agencies that employ unmanned

aircraft systems technology in the national airspace system, and the unmanned

aircraft systems industry, shall develop a comprehensive plan to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system.

(2) CONTENTS OF PLAN.—The plan required under paragraph (1) shall contain, at

a minimum, recommendations or projections on—


-A3-

(A) the rulemaking to be conducted under subsection (b), with specific

recommendations on how the rulemaking will—

(i) define the acceptable standards for operation and certification of civil unmanned

aircraft systems; (ii) ensure that any civil unmanned aircraft system

includes a sense and avoid capability; and (iii) establish standards and requirements for

the operator and pilot of a civil unmanned aircraft system, including standards and

requirements for registration and licensing;

(B) the best methods to enhance the technologies and subsystems necessary to

achieve the safe and routine operation of civil unmanned aircraft systems in the

national airspace system;

(C) a phased-in approach to the integration of civil unmanned aircraft systems into

the national airspace system;

(D) a timeline for the phased-in approach described under subparagraph (C);

(E) creation of a safe

(F) airspace designation for cooperative manned and unmanned flight operations in


(G) establishment of a process to develop certification, flight standards, and air traffic

requirements for civil unmanned aircraft systems at test ranges where such systems

are subject to testing;

(H) the best methods to ensure the safe operation of civil unmanned aircraft systems

and public unmanned aircraft systems simultaneously in the national airspace system;


-A4-

and

(I) incorporation of the plan into the annual NextGen Implementation Plan

document (or any successor document) of the Federal Aviation Administration.

(3) DEADLINE.—The plan required under paragraph (1) shall provide for the safe

integration of civil unmanned aircraft systems into the national airspace system as

soon as practicable, but not later than September 30, 2015.

(4) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of

this Act, the Secretary shall submit to Congress a copy of the plan required under

paragraph (1).

(5) ROADMAP.—Not later than 1 year after the date of enactment of this Act, the

Secretary shall approve and make available in print and on the Administration’s

Internet Web site a 5-year roadmap for the introduction of civil unmanned aircraft

systems into the national airspace system, as coordinated by the Unmanned Aircraft

Program Office of the Administration. The Secretary shall update the roadmap

annually.

(b) RULEMAKING.—Not later than 18 months after the date on which the plan

required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the

Secretary shall publish in the Federal Register—

(1) a final rule on small unmanned aircraft systems that will allow for civil operation of

such systems in the national airspace system, to the extent the systems do not meet

the requirements for expedited operational authorization under section


-A5-

333 of this Act;

(2) a notice of proposed rulemaking to implement the recommendations of the plan

required under subsection (a)(1), with the final rule to be published not later than 16

months after the date of publication of the notice; and

(3) an update to the Administration’s most recent policy statement on unmanned

aircraft systems, contained in Docket No. FAA–2006–25714.

(c) PILOT PROJECTS.—

(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this

Act, the Administrator shall establish a program to integrate unmanned aircraft

systems into the national airspace system at 6 test ranges. The program shall terminate

5 years after the date of enactment of this Act.

(2) PROGRAM REQUIREMENTS.—In establishing the program under paragraph

(1), the Administrator shall—

(A) safely designate airspace for integrated manned and unmanned flight operations in


(B) develop certification standards and air traffic requirements for unmanned flight

operations at test ranges;

(C) coordinate with and leverage the resources of the National Aeronautics and Space

Administration and the Department of Defense;

(D) address both civil and public unmanned aircraft systems;


-A6-

(E) ensure that the program is coordinated with the Next Generation Air

Transportation System; and

(F) provide for verification of the safety of unmanned aircraft systems and related

navigation procedures before integration into the national airspace system.

(3) TEST RANGE LOCATIONS.—In determining the location of the 6 test ranges

of the program under paragraph (1), the Administrator shall—

(A) take into consideration geographic and climatic diversity;

(B) take into consideration the location of ground infrastructure and research needs;

and

(C) consult with the National Aeronautics and Space Administration and the

Department of Defense.

(4) TEST RANGE OPERATION.—A project at a test range shall be operational not

later than 180 days after the date on which the project is established.

(5) REPORT TO CONGRESS.—

(A) IN GENERAL.—Not later than 90 days after the date of the termination of the

program under paragraph (1), the Administrator shall submit to the Committee on

Commerce, Science, and Transportation of the Senate and the Committee on

Transportation and Infrastructure and the Committee on Science, Space, and

Technology of the House of Representatives a report setting forth the Administrator’s

findings and conclusions concerning the projects.


-A7-

(B) ADDITIONAL CONTENTS.—The report under subparagraph (A) shall include

a description and assessment of the progress being made in establishing special use

airspace to fill the immediate need of the Department of Defense—

(i) to develop detection techniques for small unmanned aircraft systems; and

(ii) to validate the sense and avoid capability and operation of unmanned aircraft

systems.

(d) EXPANDING USE OF UNMANNED AIRCRAFT SYSTEMS IN ARCTIC.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act,

the Secretary shall develop a plan and initiate a process to work with relevant Federal

agencies and national and international communities to designate permanent areas in

the Arctic where small unmanned aircraft may operate 24 hours per day for research

and commercial purposes. The plan for operations in these permanent areas shall

include the development of processes to facilitate the safe operation of unmanned

aircraft beyond line of sight. Such areas shall enable over-water flights from the

surface to at least 2,000 feet in altitude, with ingress and egress routes from selected

coastal launch sites.

(2) AGREEMENTS.—To implement the plan under paragraph (1), the Secretary may

enter into an agreement with relevant national and international communities.

(3) AIRCRAFT APPROVAL.—Not later than 1 year after the entry into force of an

agreement necessary to effectuate the purposes of this subsection, the Secretary shall

work with relevant national and international communities to establish and implement


-A8-

a process, or may apply an applicable process already established, for approving the

use of unmanned aircraft in the designated permanent areas in the Arctic without

regard to whether an unmanned aircraft is used as a public aircraft, a civil aircraft, or a

model aircraft.

SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT

SYSTEMS.

(a) IN GENERAL.—Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan and rulemaking

required by section 332 of this Act or the guidance required by section 334 of this

Act.

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making

the determination under subsection (a), the Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight,

speed, operational capability, proximity to airports and populated areas, and operation

within visual line of sight do not create a hazard to users of the national airspace

system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the

operation of unmanned aircraft systems identified under paragraph (1).


-A9-

(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary determines

under this section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

….

SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.

(a) In General.--Notwithstanding any other provision of law relating to the

incorporation of unmanned aircraft systems into Federal Aviation Administration

plans and policies, including this subtitle, the Administrator of the Federal Aviation

Administration may not promulgate any rule or regulation regarding a model aircraft,

or an aircraft being developed as a model aircraft, if--

(1) the aircraft is flown strictly for hobby or recreational use;

(2) the aircraft is operated in accordance with a community-based set of safety

guidelines and within the programming of a nationwide community-based

organization;

(3) the aircraft is limited to not more than 55 pounds unless otherwise certified

through a design, construction, inspection, flight test, and operational safety program

administered by a community-based organization;

(4) the aircraft is operated in a manner that does not interfere with and gives way

to any manned aircraft; and


-A10-

(5) when flown within 5 miles of an airport, the operator of the aircraft provides

the airport operator and the airport air traffic control tower (when an air traffic facility

is located at the airport) with prior notice of the operation (model aircraft operators

flying from a permanent location within 5 miles of an airport should establish a

mutually-agreed upon operating procedure with the airport operator and the airport

air traffic control tower (when an air traffic facility is located at the airport)).

(b) Statutory Construction.--Nothing in this section shall be construed to limit the

authority of the Administrator to pursue enforcement action against persons

operating model aircraft who endanger the safety of the national airspace system.

(c) Model Aircraft Defined.--In this section, the term ``model

aircraft’’ means an unmanned aircraft that is--

(1) capable of sustained flight in the atmosphere;

(2) flown within visual line of sight of the person operating the aircraft; and

(3) flown for hobby or recreational purposes.


-A11-

49 U.S.C. § 44101, Operation of Aircraft (a) Registration requirement.--Except as provided in subsection (b) of this section, a

person may operate an aircraft only when the aircraft is registered under section

44103 of this title

(b) Exceptions.--A person may operate an aircraft in the United States that is not

registered—

(1) when authorized under section 40103(d) or 41703 of this title;

(2) when it is an aircraft of the national defense forces of the United States and is

identified in a way satisfactory to the Administrator of the Federal Aviation

Administration; and

(3) for a reasonable period of time after a transfer of ownership, under regulations

prescribed by the Administrator.


-A12-

49 U.S.C. § 44103, Registration of Aircraft (a) General.--(1) On application of the owner of an aircraft that meets the

requirements of section 44102 of this title, the Administrator of the Federal Aviation

Administration shall--

(A) register the aircraft; and

(B) issue a certificate of registration to its owner.

(2) The Administrator may prescribe the extent to which an aircraft owned by the

holder of a dealer’s certificate of registration issued under section 44104(2) of this title

also is registered under this section.

(b) Controlled substance violations.--(1) The Administrator may not issue an owner’s

certificate of registration under subsection (a)(1) of this section to a person whose

certificate is revoked under section 44106 of this title during the 5-year period

beginning on the date of the revocation, except--

(A) as provided in section 44106(e)(2) of this title; or

(B) that the Administrator may issue the certificate to the person after the one-year

period beginning on the date of the revocation if the Administrator decides that the

aircraft otherwise meets the requirements of section 44102 of this title and that denial

of a certificate for the 5-year period--

(i) would be excessive considering the nature of the offense or the act committed and

the burden the denial places on the person; or


-A13-

(ii) would not be in the public interest.

(2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of this subsection

is within the discretion of the Administrator. That decision or failure to make a

decision is not subject to administrative or judicial review.

(c) Certificates as evidence.--A certificate of registration issued under this section is--

(1) conclusive evidence of the nationality of an aircraft for international purposes, but

not conclusive evidence in a proceeding under the laws of the United States; and

(2) not evidence of ownership of an aircraft in a proceeding in which ownership is or

may be in issue.

(d) Certificates available for inspection.--An operator of an aircraft shall make

available for inspection a certificate of registration for the aircraft when requested by a

United States Government, State, or local law enforcement officer.


-A14-

14 C.F.R. § 48.5, Compliance Dates (a) Small unmanned aircraft used exclusively as model aircraft. For small unmanned

aircraft operated by the current owner prior to December 21, 2015, compliance with

the requirements of this part or part 47 is required no later than February 19, 2016.

For all other small unmanned aircraft, compliance with this part is required prior to

operation of the small unmanned aircraft.

(b) Small unmanned aircraft used as other than model aircraft. Small unmanned

aircraft owners authorized to conduct operations other than model aircraft operations

must register the small unmanned aircraft in accordance with part 47 of this chapter.

Beginning March 31, 2016, small unmanned aircraft operated as other than model

aircraft may complete aircraft registration in accordance with this part.


-A15-

14 C.F.R. § 48.15, Requirement to Register

No person may operate a small unmanned aircraft that is eligible for registration

under 49 U.S.C. 44101–44103 unless one of the following criteria has been satisfied:

(a) The owner has registered and marked the aircraft in accordance with this part;

(b) The aircraft weighs 0.55 pounds or less on takeoff, including everything that is on

board or otherwise attached to the aircraft; or

(c) The aircraft is an aircraft of the Armed Forces of the United States.


-A16-

14 C.F.R. § 48.30, Fees (a) The fee for issuing or renewing a Certificate of Aircraft Registration for aircraft

registered in accordance with § 48.100(a) is $5.00 per aircraft.

(b) The fee for issuing or renewing a Certificate of Aircraft Registration for aircraft

registered in accordance with § 48.100(b) is $5.00 per certificate.

(c) Each application for and renewal of a Certificate of Aircraft Registration must be

accompanied by the fee described in paragraphs (a) and (b), as applicable, paid to the

Federal Aviation Administration through the web-based aircraft registration system,

or in another manner if prescribed by the Administrator.


-A17-

14 C.F.R. § 48.100, Application

(a) Required information: Persons intending to use the small unmanned aircraft as

other than a model aircraft. Each applicant for a Certificate of Aircraft Registration

issued under this part must submit all of the following information to the Registry:

(1) Applicant name and, for an applicant other than an individual, the name of the

authorized representative applying for a Certificate of Aircraft Registration.

(2) Applicant’s physical address and, for an applicant other than an individual, the

physical address for the authorized representative. If the applicant or authorized

representative does not receive mail at their physical address, a mailing address must

also be provided.

(3) Applicant’s email address or, for applicants other than individuals, the email

address of the authorized representative.

(4) The aircraft manufacturer and model name.

(5) The aircraft serial number, if available.

(6) Other information as required by the Administrator.

(b) Required information: Individuals intending to use the small unmanned aircraft

exclusively as a model aircraft. Each applicant for a Certificate of Aircraft Registration

issued under this part must submit all of the following information to the Registry:

(1) Applicant name.

(2) Applicant’s physical address and if the applicant does not receive mail at their

physical address, a mailing address must also be provided.


-A18-

(3) Applicant’s email address.

(4) Other information as required by the Administrator.

(c) Provision of information. The information identified in paragraphs (a) and (b) of

this section must be submitted to the Registry through the Web-based small

unmanned aircraft registration system in a form and manner prescribed by the

Administrator.

(d) Issuance of Certificate of Aircraft registration. The FAA will issue a Certificate of

Aircraft Registration upon completion of the application requirements provided in

paragraph (a) or (b) of this section as applicable.


-A19-

14 C.F.R. § 48.115, Registration: Individuals intending to use small unmanned

aircraft exclusively as model aircraft

(a) Certificate of Aircraft Registration: A Certificate of Aircraft Registration issued in

accordance with § 48.100 for small unmanned aircraft used exclusively as model

aircraft constitutes registration for all small unmanned aircraft used exclusively as

model aircraft owned by the individual identified on the application.

(b) Effective date of registration. An aircraft is registered when the applicant receives

a Certificate of Aircraft Registration. The effective date of registration is shown by the

date of issue on the Certificate of Aircraft Registration issued under this part.

(c) Registration renewal. A Certificate of Aircraft registration issued under this part

expires 3 years after the date of issue unless it is renewed.

(1) The holder of a Certificate of Aircraft Registration must renew the Certificate by

verifying, in a form and manner prescribed by the Administrator, that the information

provided in accordance with § 48.100(b) and (c) of this part is accurate and if it is not,

provide updated information. The verification may take place at any time within the

six months preceding the month in which the Certificate of Aircraft registration

expires.

(2) A certificate issued under this paragraph expires three years from the expiration

date of the previous certificate.

(d) Other events affecting effectiveness of Certificate. Each Certificate of Aircraft

Registration issued by the FAA under this part is effective, unless registration has


-A20-

ended by reason of having been revoked, canceled or expired, or until the date upon

which one of the following events occurs:

(1) The holder of the Certificate of Aircraft Registration loses U.S. citizenship.

(2) Thirty days have elapsed since the death of the holder of the Certificate of Aircraft

Registration.

(3) The owner, if an individual who is not a citizen of the United States, loses status as

a resident alien, unless that person becomes a citizen of the United States at the same

time.


-A21-


NOTAM 3/2126 FLIGHT RESTRICTIONS WASHINGTON DC. THIS IS A MODIFICATION OF INFORMATION PREVIOUSLY ISSUED IN FDC NOTAM 3/1850. EFFECTIVE 0303182000 UTC (MARCH 18 AT 1500 LOCAL) UNTIL FURTHER NOTICE. PURSUANT TO 14 CFR SECTION 99.7, SPECIAL SECURITY INSTRUCTIONS; AND 91.139, EMERGENCY AIR TRAFFIC RULES; THE FOLLOWING PROCEDURES ARE IN EFFECT. PART I. DEFINITIONS. THE WASHINGTON DC METROPOLITAN AREA AIR DEFENSE IDENTIFICATION ZONE (DC ADIZ) FOR PURPOSES OF THIS NOTAM ONLY, IS THAT AREA OF AIRSPACE OVER THE SURFACE OF THE EARTH WHERE THE READY IDENTIFICATION, LOCATION, AND CONTROL OF AIRCRAFT IS REQUIRED IN THE INTERESTS OF NATIONAL SECURITY. SPECIFICALLY, THE DC ADIZ IS THAT AIRSPACE, FROM THE SURFACE TO BUT NOT INCLUDING FL180, WITHIN THE OUTER BOUNDARY OF THE WASHINGTON DC TRI-AREA CLASS B AIRSPACE AREA; AND THAT ADDITIONAL AIRSPACE CONTAINED WITHIN AN AREA BOUNDED BY A LINE BEGINNING AT 383712N/0773600W; THENCE COUNTER CLOCKWISE ALONG THE 30-MILE ARC OF THE DCA VOR/DME TO 384124 N/0762548W; THENCE WEST ALONG THE SOUTHERN BOUNDARY OF THE WASHINGTON DC TRI-AREA CLASS B AIRSPACE AREA TO THE POINT OF BEGINNING. THE WASHINGTON DC METROPOLITAN AREA FLIGHT RESTRICTED ZONE (FRZ) IS DEFINED AS AN AREA BOUNDED BY A LINE BEGINNING AT THE WASHING- TON /DCA/ VOR/DME 300 DEGREE RADIAL AT 15 NM 385655N/0772008W THENCE CLOCKWISE ALONG THE DCA 15 NM ARC TO THE DCA 022 DEGREE RADIAL AT 15 NM 390611N/0765751W THENCE SOUTHEAST VIA A LINE DRAWN TO THE DCA 049 DEGREE RADIAL AT 14 NM 390218N/0765038W THENCE SOUTH VIA A LINE DRAWN TO THE DCA 064 DEGREE RADIAL AT 13 NM 385901N/0764832W THENCE CLOCKWISE ALONG THE DCA 13 NM ARC TO THE DCA 282 DEGREE RADIAL AT 13 NM 385214N/0771848W THENCE NORTH VIA A LINE DRAWN TO THE POINT OF BEGINNING; EXCLUDING THE AIR- SPACE WITHIN A 1 NM RADIUS OF FREEWAY AIRPORT /W00/ MITCHELLVILLE, MD, FROM THE SURFACE UP TO BUT NOT INCLUDING FL180. THE FRZ IS WITHIN AND PART OF THE WASHINGTON DC METROPOLITAN ADIZ.

A22


PART II. THE FOLLOWING PROCEDURES APPLY WITHIN THE WASHINGTON DC METROPOLITAN ADIZ: EXCEPT AS PROVIDED IN PART II. B, BELOW, NO PERSON MAY OPERATE AN AIRCRAFT, INCLUDING ULTRALIGHT VEHICLES, CIVIL AIRCRAFT, AND PUBLIC AIRCRAFT, IN THIS ADIZ, UNLESS, IN ADDITION TO ALL OTHER APPLICABLE RULES OF 14 CFR, THE AIRCRAFT OPERATOR ENSURES THAT THE FOLLOWING REQUIREMENTS ARE MET: THE AIRCRAFT IS EQUIPPED WITH AN OPERABLE TWO-WAY RADIO CAPABLE OF COMMUNICATING WITH ATC ON APPROPRIATE RADIO FREQUENCIES; THE FLIGHT CREW ESTABLISHES TWO-WAY RADIO COMMUNICATIONS WITH THE APPROPRIATE ATC FACILITY BEFORE OPERATING IN THIS ADIZ AND THE FLIGHT CREW MAINTAINS THE CAPABILITY OF CONTINUING TWO-WAY RADIO COMMUNICATIONS WITH THE APPROPRIATE ATC FACILITY WHILE OPERATING IN THIS ADIZ; AIRCRAFT OPERATING IN AN AIRPORT TRAFFIC PATTERN AT NON-TOWERED AIRPORTS ARE EXEMPT FROM THE ATC COMMUNICATION REQUIREMENT, PROVIDED THEY MONITOR THE AIR- PORT CTAF. THE FLIGHT CREW, PRIOR TO OPERATING WITHIN CLASS B, C, OR D AIRSPACE THAT IS WITHIN TH IS ADIZ, RECEIVES A SEPARATE ATC CLEARANCE TO ENTER THE CLASS B, C, OR D AIRSPACE; THE AIRCRAFT IS EQUIPPED WITH AN OPERATING TRANSPONDER WITH AUTOMATIC ALTITUDE REPORTING CAPABILITY AS SPECIFIED IN 14 CFR SECTION 91.215; PRIOR TO OPERATING THE AIRCRAFT IN THIS ADIZ, THE FLIGHT CREW OBTAINS A DISCRETE TRANSPONDER CODE FROM ATC; THE AIRCRAFT'S TRANSPONDER CONTINUOUSLY TRANSMITS THE ATC ISSUED DISCRETE TRANSPONDER CODE WHILE THE AIRCRAFT IS OPERATING IN THIS ADIZ; PRIOR TO OPERATING AN AIRCRAFT IN THE DC ADIZ, PILOTS MUST FILE THEIR FLIGHT PLAN WITH AN AFSS; MUST ACTIVATE THEIR FLIGHT PLAN PRIOR TO DEPARTURE OR ENTERING THE DC ADIZ; AND CLOSE THEIR FLIGHT PLANS UPON LANDING OR LEAVING THE DC ADIZ. AIRCRAFT OPERATIONS BY THE U.S. MILITARY, LAW ENFORCEMENT, AND AEROMEDICAL FLIGHTS ARE EXEMPT FROM THE REQUIREMENTS OF PART II A. PARAGRAPH 7.

A23


PART III. THE FOLLOWING PROCEDURES APPLY WITHIN THE WASHINGTON DC METROPOLITAN FRZ. UNLESS SPECIFICALLY AUTHORIZED BY THE FAA IN CONSULTATION WITH THE UNITED STATES SECRET SERVICE AND THE TRANSPORTATION SECURITY ADMINISTRATION, ALL PARTS 91, 101, 103, 105, 125, 133, 135, 137 FLIGHT OPERATIONS ARE PROHIBITED WITHIN THE WASHINGTON D.C. METROPOLITAN FRZ. THESE RESTRICTIONS DO NOT APPLY TO DOD, LAW ENFORCEMENT, OR AEROMEDICAL FLIGHT OPERATIONS THAT ARE IN CONTACT WITH ATC AND ARE DISPLAYING AN ATC ASSIGNED DISCRETE TRANSPONDER BEACON CODE. WIE UNTIL UFN

A24


!FDC 6/2550 ZDC PART 1 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. EFFECTIVE 0603011700 UTC

UNTIL FURTHER NOTICE. THIS NOTICE AND ANOTHER, SEPERATE NOTICE FOR THE FLIGHT RESTRICTED

ZONE (DC FRZ) COMBINES PREVIOUSLY ISSUED FDC NOTAMS 5/9477, 5/1254, 4/5555, 5/9481, 5/9482,

6/0465. PURSUANT TO 14 CFR SECTIONS 99.7, SPECIAL SECURITY INSTRUCTIONS AND 91.139,

EMERGENCY AIR TRAFFIC RULES, THE FOLLOWING PROCEDURES ARE IN EFFECT FOR THE WASHINGTON,

D.C. METROPOLITAN AREA AIR DEFENSE IDENTIFICATION ZONE (DC ADIZ). PART I. OPERATING

REQUIREMENTS IN THE DC ADIZ: THE FOLLOWING PROCEDURES APPLY WITHIN THE WASHINGTON, D.C.

METROPOLITAN ADIZ. NO PERSON MAY OPERATE AN AIRCRAFT, INCLUDING ULTRALIGHT VEHICLES,

UNMANNED AIR SYSTEMS, CIVIL AIRCRAFT, AND PUBLIC AIRCRAFT, UNLESS THAT PERSON FOLLOWS

THE RULES OF 14 CFR MEETS THE FOLLOWING STANDARD DC ADIZ OPERATING REQUIREMENTS ARE

MET: 1. THE AIRCRAFT IS EQUIPPED WITH AN OPERABLE TWO-WAY RADIO CAPABLE OF

COMMUNICATING WITH ATC ON APPROPRIATE RADIO FREQUENCIES. 2. THE AIRCRAFT IS EQUIPPED

WITH AN OPERATING TRANSPONDER WITH AUTOMATIC ALTITUDE REPORTING CAPABILITY AS SPECIFIED

IN 14 CFR SECTION 91.215. 3.BEFORE DEPARTING FROM AN AIRPORT WITHIN THE DC ADIZ OR BEFORE

ENTERING THE DC ADIZ, PILOTS MUST FILE AND ACTIVATE AN IFR FLIGHT END PART 1 OF 8

!FDC 6/2550 ZDC PART 2 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. PLAN OR, FOR VFR, A DC ADIZ

FLIGHT PLAN. FOR VFR OPERATIONS, THE FAA WILL CONSIDER THE DC ADIZ FLIGHT PLAN TO ENTER/EXIT

THE DC ADIZ CLOSED UPON LANDING AT AN AIRPORT WITHIN THE DC ADIZ OR WHEN THE AIRCRAFT

EXITS THE DC ADIZ. ONCE AN AIRCRAFT EXITS THE DC ADIZ, IT CANNOT RE-ENTER THE DC ADIZ ON THE

SAME FLIGHT PLAN. 4. BEFORE OPERATING IN THE DC ADIZ, PILOTS MUST GET A DISCRETE

TRANSPONDER CODE FROM ATC AND MUST CONTINUOUSLY SQUAWK THAT CODE UNTIL LEAVING THE

DC ADIZ OR LANDING AT AN AIRPORT WITHIN THE DC ADIZ. 5.PILOTS MUST ESTABLISH AND MAINTAIN

TWO-WAY RADIO COMMUNICATIONS WITH THE APPROPRIATE ATC FACILITY BEFORE ENTERING AND

WHILE OPERATING IN THE DC ADIZ. AIRCRAFT OPERATING IN AN AIRPORT TRAFFIC PATTERN AT NON-

TOWERED AIRPORTS AND MONITORING THE CTAF ARE EXEMPT FROM THIS REQUIREMENT. 6.PILOTS

MUST GET AN APPROPRIATE CLEARANCE BEFORE OPERATING WITHIN CLASS B AIRSPACE AND MUST

ESTABLISH TWO-WAY COMMUNICATIONS WITH THE ATC FACILITY PROVIDING AIR TRAFFIC SERVICES

BEFORE ENTERING CLASS D AIRSPACE. 7.AIRCRAFT OPERATIONS BY APPROVED DOD, APPROVED LAW

ENFORCEMENT OR APPROVED AEROMEDICAL FLIGHTS ARE EXEMPT FROM THE REQUIREMENTS OF END

PART 2 OF 8

!FDC 6/2550 ZDC PART 3 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. PART I.3. PART II. VFR TRAFFIC

PATTERN OPERATIONS AT TOWERED AIRPORTS. 1. PILOTS CONDUCTING VFR TRAFFIC PATTERN

OPERATIONS (NOT INCLUDING PRACTICE INSTRUMENT APPROACHES) AT AN AIRPORT WITH AN

OPERATIONAL AIRPORT TRAFFIC CONTROL TOWER WITHIN THE DC ADIZ MUST: A. MAKE THEIR

A25


REQUEST FOR CLOSED PATTERN WORK BEFORE DEPARTURE OR TRAFFIC PATTERN ENTRY. B. REMAIN IN

TWO-WAY RADIO COMMUNICATION WITH THE TOWER. C. CONTINUOUSLY SQUAWK TRANSPONDER

CODE 1234. 2. BEFORE EXITING THE TRAFFIC PATTERN OR CONDUCTING ANY OTHER FLIGHT

OPERATIONS WITHIN THE DC ADIZ, PILOTS MUST COMPLY WITH STANDARD DC ADIZ OPERATING

REQUIREMENTS. 3. DOD AIRCRAFT OPERATING IN THE VFR TRAFFIC PATTERN OF A MILITARY AIRPORT

MAY BE ASSIGNED A DISCRETE CODE OTHER THAN 1234. 4. PILOTS OPERATING UNDER THE PROVISIONS

OF THIS SECTION ARE NOT REQUIRED TO FILE A FLIGHT PLAN IF THE AIRCRAFT REMAINS EXCLUSIVELY

WITHIN THE AIRPORT VFR TRAFFIC PATTERN OF THE SAME AIRPORT. PART III. DC ADIZ EGRESS

PROCEDURES FOR SELECT AIRPORTS THESE PROCEDURES PERMIT AIRCRAFT OPERATING FROM SELECT

AIRPORTS TO EXIT THE DC ADIZ BY THE SHORTEST ROUTE WITHOUT COMPLYING WITH THE END PART 3

OF 8

!FDC 6/2550 ZDC PART 4 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. STANDARD DC ADIZ

REQUIREMENTS. THEY APPLY ONLY TO AIRCRAFT EXITING THE DC ADIZ. THESE PROCEDURES DO NOT

AUTHORIZE PENETRATION OF RESTRICTED AREAS. 1. THESE PROCEDURES FURTHER APPLY ONLY TO

AIRCRAFT DEPARTING THE FOLLOWING AIRPORTS: 1. AIRLIE /2VA9/ VA (DCA270035). 2. ALBRECHT

/MD48/ MD (DCA043044). 3. HARRIS /VA97/ VA (DCA284040). 4. MARTIN /MD90/ MD (DCA101036). 5.

MARTIN STATE /MTN/ MD (DCA054040). 6. MEADOWS /3VA1/ VA (DCA272036). 7. MYLANDER /MD92/

MD (DCA083034). 8. STEWART /MD64/ MD (DCA101035). 9. ST. JOHN /4MD9/ (DCA026039). 10.

TILGHMAN WHIPP /7MD9/ MD (DCA111034). 11. UPPERVILLE /2VG2/ VA (DCA288039). 12. WOLF

/1W5/ MD (DCA017033). 2. THE FOLLOWING EGRESS PROCEDURES APPLY: A. PILOTS NEED NOT FILE A

FLIGHT PLAN. B. AIRCRAFT MUST SQUAWK CODE 1205 TO INDICATE THEIR INTENT TO DEPART THE DC

ADIZ. C. PILOTS MUST MONITOR POTOMAC APPROACH AS SOON AS PRACTICABLE AFTER DEPARTURE

AND UNTIL CLEAR OF THE DC ADIZ. D. PILOTS MUST EXIT THE DC ADIZ BY THE SHORTEST ROUTE BEFORE

PROCEEDING ON COURSE. END PART 4 OF 8

!FDC 6/2550 ZDC PART 5 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. E. PILOTS NEED NOT

COMMUNICATE WITH POTOMAC TRACON UNLESS DIRECTED BY ATC. F. PILOTS ARRIVING AT ONE OF

THE ABOVE AIRPORTS, OR TRANSITING THE DC ADIZ, MUST COMPLY WITH STANDARD DC ADIZ

PROCEDURES. PART IV. INGRESS/EGRESS PROCEDURES FOR BAY BRIDGE (W29) AND KENTMORR (3W3),

MD.: 1. THE FOLLOWING PROCEDURES APPLY FOR INGRESS/EGRESS TO W29 AND 3W3: A. PILOTS MUST

REMAIN BELOW THE FLOOR OF CLASS B AIRSPACE (3,500 OR 4,500 FEET MSL, AS A APPROPRIATE). B.

PILOTS MUST PROCEED NO FURTHER WEST THAN THE WESTERN MOST POINT OF THE CHESAPEAKE BAY

BRIDGE. C. ARRIVING AIRCRAFT MUST FLY THE SHORTEST ROUTE FROM THE EASTERN ADIZ BOUNDARY

TO W29 OR 3W3. D. DEPARTING AIRCRAFT MUST FLY THE SHORTEST AND MOST DIRECT ROUTE FROM

W29 OR 3W3 TO THE EASTERN ADIZ BOUNDARY. E. AIRCRAFT FLYING BETWEEN W29 AND 3W3 MUST

A26


SQUAWK THE APPROPRIATE ARRIVAL CODE AND ENTER THE ARRIVAL PATTERN VIA THE SHORTEST

ROUTE. 2. IF THE PLANNED FLIGHT WILL NOT CONFORM TO THE ABOVE PROCEDURES, PILOTS MUST

COMPLY WITH STANDARD DC ADIZ PROCEDURES. 3. PILOTS ARRIVING/DEPARTING 3W3 MUST SQUAWK

CODE 1233. 4. PILOTS ARRIVING/DEPARTING W29 MUST SQUAWK CODE 1227. END PART 5 OF 8

!FDC 6/2550 ZDC PART 6 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. 5. ANY QUESTIONS ON THIS

MATTER SHOULD BE DIRECTED TO THE FEDERAL AVIATION REPRESENTATIVE AT THE NATIONAL CAPITAL

REGIONAL COORDINATION CENTER TELEPHONE (703) 563-3221. PART V. TRANSPONDER FAILURE ANY

PERSON OPERATING AN AIRCRAFT WITHIN THE DC ADIZ WHO BECOMES AWARE OF AN INABILITY TO

COMPLY WITH THE REQUIREMENT TO CONTINUOUSLY SQUAWK THE ATC ASSIGNED TRANSPONDER

CODE MUST IMMEDIATELY REQUEST CONTROL INSTRUCTIONS AND COMPLY WITH ALL INSTRUCTIONS

FROM ATC. IF UNABLE TO CONTACT ATC, PILOTS MUST EXIT THE DC ADIZ BY THE MOST DIRECT ROUTE.

THESE PROCEDURES DO NOT AUTHORIZE PENETRATION OF RESTRICTED AREAS. PART VI. PENALTIES

PILOTS WHO DO NOT ADHERE TO THE ABOVE PROCEDURES MAY BE INTERCEPTED, DETAINED AND

INTERVIEWED BY FEDERAL LAW ENFORCEMENT/SECURITY PERSONNEL AND/OR DOD, ADDITONAL

SANCTIONS ARE POSSIBLE. PART VII. DEFINITIONS 1. FOR PURPOSES OF THIS NOTAM ONLY, THE

WASHINGTON, D.C. METROPOLITAN AREA AIR DEFENSE IDENTIFICATION ZONE (DC ADIZ) IS THAT AREA

OF AIRSPACE OVER THE SURFACE OF THE EARTH WHERE THE READY IDENTIFICATION, LOCATION, AND

CONTROL OF AIRCRAFT IS REQUIRED IN THE INTERESTS OF NATIONAL SECURITY. SPECIFICALLY, END

PART 6 OF 8

!FDC 6/2550 ZDC PART 7 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. THE DC ADIZ IS THAT

AIRSPACE, FROM THE SURFACE TO BUT NOT INCLUDING FL180, WITHIN THE OUTER BOUNDARY OF THE

WASHINGTON TRI-AREA CLASS B AIRSPACE AREA, AND THAT ADDITIONAL AIRSPACE CONTAINED

WITHIN AN AREA BOUNDED BY A LINE BEGINNING AT 383712N/0773600W, THENCE COUNTER

CLOCKWISE ALONG THE 30-MILE ARC OF THE DCA VOR/DME TO 384124N/0762548W, THENCE WEST

ALONG THE SOUTHERN BOUNDARY OF THE WASHINGTON TRI-AREA CLASS B AIRSPACE AREA TO THE

POINT OF BEGINNING. 2. INGRESS/EGRESS PROCEDURES FOR BAY BRIDGE (W29) AND KENTMORR

(3W3), MD. IS DEFINED AS AN AREA BOUNDED BY THE FOLLOWING COORDINATES: 390327N/0762223W

TO 390045N/0762416W TO 385012N/0762548W TO 385010N/0761420W TO 385653N/0761218W TO

390210N/0761609W TO POINT OF BEGINNING BELOW 4500 FT MSL. 3. FOR PURPOSES OF THIS NOTAM

ONLY, A DC ADIZ FLIGHT PLAN IS DEFINED AS A FLIGHT PLAN FILED FOR THE SOLE PURPOSE OF

COMPLYING WITH THE REQUIREMENTS FOR VFR OPERATION INTO OR OUT OF THE DC ADIZ. THE DC

ADIZ FLIGHT PLAN IS SEPARATE AND DISTINCT FROM A STANDARD VFR FLIGHT PLAN. THERE IS NO

SEARCH AND RESCUE ASSOCIATED WITH DC ADIZ FLIGHT PLANS. PART VIII. RESOURCES: END PART 7 OF

8

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!FDC 6/2550 ZDC PART 8 OF 8 FLIGHT RESTRICTIONS, WASHINGTON, D.C. DIRECT ANY QUESTIONS ON

THE DC ADIZ/FRZ TO THE FEDERAL AVIATION REPRESENTATIVE AT THE NATIONAL CAPITAL REGIONAL

COORDINATION CENTER (NCRCC), TELEPHONE 703-563-3221. GET MORE INFORMATION ABOUT

WAIVER APPLICATIONS FROM THE FAA WEBSITE AT HTTP://WWW.WAIVER.TFR.FAA.GOV, OR CALL THE

NATIONAL CAPITAL REGIONAL COORDINATION CENTER (NCRCC), TELEPHONE (703) 563-3221, LEESBURG

AUTOMATED FLIGHT SERVICE STATION (AFSS), TELEPHONE 866-225-7410. END PART 8 OF 8

A28


!FDC 7/0206 ZDC..Flight Restrictions, Washington, DC effective 0708300500 UTC until further notice. This notice and another, separate notice for the flight restricted zone (DC FRZ) replaces previously issued FDC NOTAMs 6/2550 and 7/7778 for the DC ADIZ/FRZ. Effective 0708300500 UTC the NOTAMs describing temporary flight restrictions (TFRs) for the Washington, D. C. Metropolitan area air defense identification zone (dc ADIZ) and Washington, D. C. Metropolitan flight restricted zone (DC FRZ) will be replaced by a single NOTAM published in the notice to airman publication (class II) as the DC Metropolitan ADIZ/FRZ NOTAM. Pursuant to 49 USC 40103 (b), the Federal Aviation Administration (FAA) classifies the DC ADIZ as "National Defense Airspace." Any person who knowingly or willfully violates the rules concerning operations in this airspace is subject to certain criminal penalties under 49 USC 46307. Pilots who do not adhere to the following procedures may be intercepted, detained and interviewed by federal law enforcement/security personnel and/or DOD. It is recommended that all pilots flying under visual flight rules (VFR) within 100 NM of the Washington /DCA/ VOR/DME complete special awareness training for the Washington DC metropolitan area. This training is available in the aviation learning center at HTTP://WWW.FAASAFETY.GOV. Pursuant to 14 CFR sections 99.7, special security instructions and 91.139, emergency air traffic rules, the following procedures are in effect for the DC ADIZ and aircraft flight operations are prohibited: within a 30 NMR of 385134N/0770211W or the DCA VOR/DME, from the surface up to but not including FL180. Except as specified below and/or unless authorized by the Air Traffic Security Coordinator via the Domestic events Network (DEN). Part I. Standard DC ADIZ operating requirements: to operate an aircraft, including ultra-light vehicles and unmanned air systems, in the DC ADIZ, a person must meet the following operating requirements, except if conducting operations under part II, part III, part IV, or part V of this notice:

1. 1.The aircraft must be equipped with an operable two-way radio capable of communicating with air traffic control (ATC) on appropriate radio frequencies. Aircraft must monitor VHF Guard 121.5 or UHF 243.0 if able.

2. 2.The aircraft must be equipped with an operating transponder with

automatic altitude reporting capability as specified under 14 CFR section 91.215.

3. 3.Except for DOD, law enforcement aircraft and wavered

lifeguard/aeromedical flights, pilots must file and activate an IFR flight plan or, for VFR, a DC ADIZ flight plan before entering the DC ADIZ.

4. 4.For VFR operations, the FAA will consider the DC ADIZ flight plan to

enter/exit the DC ADIZ open when the pilot obtains a discrete transponder code, and will consider the DC ADIZ flight plan closed upon landing at an airport within the DC ADIZ, or when the aircraft exits the DC ADIZ.

5. 5.Before departing from an airport within the DC ADIZ or before entering

the DC ADIZ, pilots must obtain a discrete transponder code from atc and must continuously squawk that code until leaving the DC ADIZ or landing at an airport within the DC ADIZ. ATC may delay entry into the DC ADIZ due to operational considerations.

6. 6.Do not squawk 1200 at any time while in the DC ADIZ.

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7. 7.Pilots must establish and maintain two-way radio communications with the

appropriate atc facility before entering and while operating in the DC ADIZ, except as provided in part iii, part IV, and part V.

8. 8.Except for approved DOD, law enforcement, and wavered lifeguard/

aeromedical flights, all VFRaircraft operations within the DC ADIZ are restricted to an indicated airspeed of 180 knots or less, if capable. If unable the pilot must contact the appropriate atc facility and advise them of the aircraft's operational limitations.

9. 9.Pilots must obtain an appropriate clearance before operating within

Class B airspace and must establish two-way communications with the ATC facility providing air traffic services before entering Class D airspace.

Part II. VFRDC ADIZ traffic pattern operations at towered airports:

1.Pilots conducting VFR traffic pattern operations (not including practice instrument approaches) at an airport with an operational airport traffic control tower within the DC ADIZ must meet the following requirements. Pilots must:

A. Request closed pattern work before departure or if airborne, before traffic pattern entry.

B. Remain in two-way radio communication with the tower. C. Continuously SQUAWK transponder code 1234. D. DOD aircraft operating in the VFR traffic pattern of a military

airport may be assigned a discrete code other than 1234. E. Aircraft must monitor VHF guard 121.5 or UHF 243.0 if able.

2.Before exiting the traffic pattern or conducting any other flight operations within the DC ADIZ, pilots must comply with the standard DC ADIZ operating requirements as described in part I of this notice.

Part III. VFR DC ADIZ traffic pattern operations at non-towered airports:

1.Pilots conducting VFR traffic pattern operations (not including practice instrument approaches) at an airport with no operating airport traffic control tower within the DC ADIZ must meet the following requirements.

Pilots must:

a.File a DC ADIZ flight plan for pattern work. B.Obtain and SQUAWK the atc-assigned discrete transponder code. C.Communicate pattern position via the published CTAF. D.Aircraft must monitor VHF guard 121.5 or UHF 243.0 if able.

2.Before exiting the traffic pattern or conducting any other flight operations within the DC ADIZ, pilots must comply with the standard DC ADIZ operating requirements as described in part I of this notice.

Part IV. VFR DC ADIZ procedures for Leesburg Executive Airport (JYO):

1. VFR egress procedures for JYO: the following egress procedures apply to the JYO airport maneuvering area:

a.Pilots must file a DC ADIZ flight plan prior to departure. B.Aircraft must SQUAWK transponder code 1226 to indicate the pilot's intent to depart the DC ADIZ. C.Pilots must exit the DC ADIZ via the most direct route through the JYO airport maneuvering area, defined in part VII of this notice, before proceeding on course. D.Pilots need not communicate with the Potomac TRACON unless otherwise directed. E.Pilots departing JYO must activate the DC ADIZ flight plan by announcing aircraft call sign, aircraft type and intended departure runway on the published CTAF prior to departure. For JYO egress, the

A30


DC ADIZ flight plan will be considered closed when the aircraft has exited the DC ADIZ.

2. VFR ingress procedures for JYO: the following ingress procedures apply to the JYO airport maneuvering area:

a.Pilots must file a DC ADIZ flight plan prior to entering the DC ADIZ. B.Aircraft must squawk transponder code 1227 prior to entering the DC ADIZ to indicate the pilot's intent to enter the DC ADIZ and land at JYO. C.Pilots must enter the DC ADIZ via the most direct route through the JYO maneuvering area, defined in part VII of this notice. D.Pilots need not communicate with the Potomac TRACON unless otherwise directed. E.Before entering the DC ADIZ to land at JYO, pilots must activate the DC ADIZ flight plan by announcing aircraft call sign, aircraft type and runway of intended landing on the published CTAF. The DC ADIZ flight plan for JYO ingress will be considered closed when the aircraft has landed at JYO.

3. Aircraft not utilizing the JYO airport maneuvering area must comply with standard DC ADIZ operating procedures as described in part I of this notice.

Part V. VFRDC ADIZ egress procedures for select airports: these procedures permit aircraft operating from select airports to exit the DC ADIZ by the shortest route without complying with the standard DC ADIZ operating requirements. These procedures apply only to aircraft exiting the DC ADIZ. These procedures do not authorize penetration of restricted areas.

1. These procedures apply only to aircraft departing the following airports:

A. Barnes (MD47) B. Flying M Farms (MD77) C. Mountain Road (MD43) D. Robinson (MD14) E. Skyview (51VA) F. Vint Hill Farms Station (04VA)

2. The following egress procedures apply:

A.Pilots are not required to file a DC ADIZ flight plan, as defined in part vii of this notice, prior to departure. B.Aircraft must SQUAWK code 1205 to indicate pilot's intent to depart the DC ADIZ. C.Pilots must exit the DC ADIZ via the most direct route before proceeding on course. D.Pilots need not communicate with the Potomac TRACON unless otherwise directed. E.Pilots arriving at one of the above airports, or transiting the DC ADIZ, must comply with standard DC ADIZ operating procedures as described in part I of this notice. F.Aircraft must monitor VHF guard 121.5 or UHF 243.0 if able.

Part VI. Transponder failure: any person operating an aircraft within the DC ADIZ who becomes aware of an inability to comply with the requirement to continuously SQUAWK the ATC assigned transponder code must immediately request control instructions and comply with all instructions from ATC. If unable to contact ATC, pilots must exit the DC ADIZ by the most direct lateral route. These procedures do not authorize penetration of restricted areas and prohibited areas. Part VII. Definitions:

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1. For purposes of this NOTAM only, the DC ADIZ is that area of airspace over the surface of the earth where the ready identification, location, and control of aircraft is required in the interests of national security. Specifically, the DC ADIZ is that airspace, from the surface to but not including fl180, within a 30-mile radius of 385134N/0770211W or the DCA VOR/DME. 2. The Leesburg maneuvering area within the DC ADIZ is defined as the airspace around the Leesburg Executive Airport (JYO) bounded by a line beginning at the Washington /DCA/ VOR/DME 299 degree radial at 30 NM 390139.1N/0773826.7W, thence clockwise along the DCA 30 NM arc to the DCA 323 degree radial at 30 NM 391220.1N/0772957.6W, thence south via a line drawn to the AML 355 degree radial at 7 NM 390254.9N/0773000.3W, thence counterclockwise along the AML 7 NM arc to the AML 331 degree radial at 7 NM 390139.3N/0773325.5W, thence west via a line drawn to the point of beginning. 3. The transponder requirements described in this notice are solely for security tracking purposes and do not imply ATC radar services, unless the pilot requests, and ATC agrees to provide, the additional services. The communications requirements contained herein are for maintaining the ability to immediately communicate security based instructions, not ATC services, unless ATC services are otherwise requested and approved. 4. For purposes of this NOTAM only, a DC ADIZ flight plan is defined as a flight plan filed for the sole purpose of complying with the security requirements for VFRoperation into or out of the DC ADIZ. The DC ADIZ flight plan is separate and distinct from a standard VFR flight plan. There is no search and rescue associated with DC ADIZ flight plans.

Part VIII. Resources: direct any questions on the DC ADIZ to the faa representative at the National Capital Region Coordination Center (NCRCC), telephone 866-598-9522. Information about waiver applications and TSA security authorization can be found at HTTP://WWW.TSA.GOV/WHAT_WE_DO/GA/WAIVER-FORMS.SHTM (case sensitive use lower case only), or call the National Capital Region Coordination Center (NCRCC), telephone 866-598-9522, washington hub flight service station (fss), telephone 866-225-7410.

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FDC 0/8326 (10 PARTS) FDC 0/8326 ZDC PART 1 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE 1012010401 UTC UNTIL FURTHER NOTICE. THIS NOTICE WILL REPLACE NOTAM 0/9477 DUE TO A CHANGE IN RESTRICTIONS. THIS NOTAM AND A NOTAM FOR THE LEESBURG MANEUVERING AREA SUPPLEMENT SUBPART V, 14 CFR PART 93 FOR THE WASHINGTON, D.C. SPECIAL FLIGHT RULES AREA (DC SFRA). PURSUANT TO 49 USC 40103(B), THE FAA HAS ESTABLISHED THE DC SFRA AREA AS 'NATIONAL DEFENSE AIRSPACE. ANY PERSON WHO DOES NOT COMPLY WITH THE REQUIREMENTS APPLICABLE TO THE DC SFRA MAY BE INTERCEPTED, DETAINED AND INTERVIEWED BY LAW ENFORCEMENT/SECURITY PERSONNEL. ANY OF THE FOLLOWING ADDITIONAL ACTIONS MAY ALSO BE TAKEN AGAINST A PILOT WHO DOES NOT COMPLY WITH THE REQUIREMENTS OR ANY SPECIAL INSTRUCTIONS OR PROCEDURES ANNOUNCED IN THIS NOTAM: A) THE FAA MAY TAKE ADMINISTRATIVE ACTION, INCLUDING IMPOSING CIVIL PENALTIES AND THE SUSPENSION OR REVOCATION OF AIRMEN CERTIFICATES; B) THE UNITED STATES GOVERNMENT MAY PURSUE CRIMINAL CHARGES, INCLUDING CHARGES UNDER TITLE 49 OF THE UNITED STATES CODE, SECTION 46307; C) THE UNITED STATES GOVERNMENT MAY USE DEADLY FORCE AGAINST THE AIRBORNE AIRCRAFT, IF IT IS DETERMINED THAT THE AIRCRAFT POSES AN IMMINENT SECURITY THREAT. 1. THIS NOTICE SUPPLEMENTS THE DC SFRA WITH ADDITIONAL GUIDANCE AND INFORMATION. 2. APPLICATION OF DEFINITIONS IN SUBPART V, 14 CFR SECTION 93.335: A. THE DC FLIGHT RESTRICTED ZONE END PART 1 OF 10 !FDC 0/8326 ZDC PART 2 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE (DC FRZ) FLIGHT PLAN FULFILLS THE REQUIREMENT FOR A DC SFRA FLIGHT PLAN. A DC FRZ FLIGHT PLAN MUST BE FILED WITH FLIGHT SERVICE AT 866-225-7410. THE INITIATOR/PILOT MUST IDENTIFY THEMSELF AND USE THE CONFIDENTIAL PILOT IDENTIFICATION CODE OR THEIR WAIVER NUMBER. B. A DC SFRA FLIGHT PLAN DOES NOT FULFILL THE REQUIREMENTS FOR VISUAL FLIGHT RULES (VFR) OPERATIONS IN THE DC FRZ. A DC FRZ FLIGHT PLAN IS REQUIRED FOR VFR

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OPERATIONS IN THE DC FRZ. C. PILOTS MAY NOT FILE A DC FRZ FLIGHT PLAN WHILE AIRBORNE. 3. ADDITIONS TO OPERATING IN THE DC SFRA 14 CFR SECTION 93.339: A. AIRCRAFT OPERATING IN THE DC SFRA MUST BE EQUIPPED WITH AN OPERABLE TWO WAY RADIO CAPABLE OF COMMUNICATING WITH ATC ON APPROPRIATE RADIO FREQUENCIES OR UNICOM. IT IS HIGHLY RECOMMENDED THAT A PILOT CONTINUOUSLY MONITOR VHF FREQUENCY 121.5 OR UHF FREQUENCY 243.0 FOR EMERGENCY INSTRUCTIONS WHEN OPERATING AN AIRCRAFT IN THE DC SFRA, EITHER IN AN AIRCRAFT THAT IS SUITABLY EQUIPPED, OR BY USE OF PORTABLE EQUIPMENT. B. ANY PERSON OPERATING AN AIRBORNE AIRCRAFT UNDER VFR WITHIN OR TRANSITING THE DC SFRA/FRZ WHO IS AWARE OF AN INABILITY TO COMPLY WITH THE REQUIREMENT TO MAINTAIN RADIO CONTACT WITH ATC MUST IMMEDIATELY SQUAWK 7600 AND EXIT THE DC SFRA/FRZ BY THE MOST DIRECT LATERAL ROUTE UNLESS; 1) THE DEPARTURE POINT IS WITHIN THE SFRA AND THE DEPARTURE POINT IS CLOSER END PART 2 OF 10 !FDC 0/8326 ZDC PART 3 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE THAN THE SFRA BOUNDARY, THE PILOT MAY RETURN TO THE DEPARTURE POINT BY THE MOST DIRECT ROUTE. 2) IF THE DEPARTURE POINT IS WITHIN THE FRZ AND THE AIRCRAFT IS WITHIN 5 NM OF THE DEPARTURE POINT, THE PILOT MAY RETURN TO THE DEPARTURE POINT BY THE MOST DIRECT ROUTE. OTHERWISE, THE PILOT MUST EXIT THE FRZ VIA THE MOST DIRECT ROUTE. C. ANY PERSON OPERATING AN AIRBORNE AIRCRAFT UNDER INSTRUMENT FLIGHT RULES (IFR) WITHIN OR TRANSITING THE DC SFRA/FRZ WHO IS AWARE OF AN INABILITY TO COMPLY WITH THE REQUIREMENT TO MAINTAIN RADIO CONTACT WITH ATC MUST CONTINUE THE FLIGHT VIA THE TWO-WAY RADIO COMMUNICATIONS FAILURE PROCEDURES FOUND IN THE FAA AERONAUTICAL INFORMATION MANUAL (AIM) OR APPLICABLE FEDERAL AVIATION REGULATIONS (FAR). D. AIRCRAFT DEPARTING AIRPORTS WITHIN THE SFRA WITH LIMITED TWO-WAY RADIO COMMUNICATIONS MUST ESTABLISH TWO-WAY COMMUNICATIONS AS SOON AS FEASIBLE, NORMALLY WITHIN 2NM OF THE DEPARTURE POINT. E. PATTERN WORK OPERATIONS AT NONCONTROLLED

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TOWER AIRPORTS WITHIN THE SFRA (BUT NOT WITHIN THE DC FRZ) MUST BE CONDUCTED IN ACCORDANCE WITH 14 CFR SECTION 93.339 (C) AND THE PROCEDURES SPECIFIED IN THE MOST CURRENT POTOMAC TRACON LETTER TO AIRMEN ON THE SUBJECT. THE LETTER CAN BE FOUND AT: END PART 3 OF 10 !FDC 0/8326 ZDC PART 4 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE HTTP://WWW.FAA.GOV/ABOUT/OFFICE_ORG/HEADQUARTERS_OFFICES/ATO/TRACON/PCT/ 4. ADDITIONS TO OPERATING IN THE DC FRZ 14 CFR SECTION 93.341. ALL OPERATIONS ARE PROHIBITED WITHIN THE FRZ (INCLUDING TRANSIT) UNLESS OUTLINED BELOW: A. THE FOLLOWING OPERATIONS ARE NOT AUTHORIZED WITHIN THE DC FRZ: FLIGHT TRAINING, AEROBATIC FLIGHT, PRACTICE INSTRUMENT APPROACHES, GLIDER OPERATIONS, PARACHUTE OPERATIONS, ULTRA LIGHT, HANG GLIDING, BALLOON OPERATIONS, TETHERED BALLOONS, AGRICULTURE/CROP DUSTING, ANIMAL POPULATION CONTROL FLIGHT OPERATIONS, BANNER TOWING OPERATIONS, MAINTENANCE TEST FLIGHTS, MODEL AIRCRAFT OPERATIONS, MODEL ROCKETRY, FLOAT PLANE OPERATIONS, UNMANNED AIRCRAFT SYSTEMS (UAS) AND AIRCRAFT/HELICOPTERS OPERATING FROM A SHIP OR PRIVATE/CORPORATE YACHT. B. IT IS HIGHLY RECOMMENDED THAT A PILOT CONTINUOUSLY MONITOR VHF FREQUENCY 121.5 OR UHF FREQUENCY 243.0 FOR EMERGENCY INSTRUCTIONS WHEN OPERATING AN AIRCRAFT IN THE DC FRZ, EITHER IN AN AIRCRAFT THAT IS SUITABLY EQUIPPED, OR BY USE OF PORTABLE EQUIPMENT. C. ALL AIR AMBULANCE FLIGHTS MUST OBTAIN AND COMPLY WITH AN FAA/TSA WAIVER FOR OPERATIONS WITHIN THE FRZ. D. ALL END PART 4 OF 10 !FDC 0/8326 ZDC PART 5 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE U.S. STATE AND LOCAL LAW ENFORCEMENT AIRCRAFT MUST OBTAIN AND COMPLY WITH AN FAA/TSA WAIVER FOR OPERATIONS WITHIN THE FRZ. E. DOD OPERATORS CONDUCTING VFR, ROTARY WING FLIGHTS WITHIN THE FRZ MUST CONTACT THE NCRCC AT 866-598-9525 PRIOR TO ENTERING THE FRZ. F. APPROVED DOD, LAW ENFORCEMENT, AND LIFEGUARD/AIR AMBULANCE

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OPERATORS MAY CONDUCT TRAINING/MAINTENANCE FLIGHTS WITHIN THE DC FRZ WITH PRIOR APPROVAL AND COORDINATION WITH THE TSA NCRCC AT 866-598-9520. THESE OPERATIONS ARE TO BE KEPT TO A MINIMUM CONSISTENT WITH FLIGHT SAFETY AND PILOT PROFICIENCY. G. THE FAA OFFICE OF SYSTEM OPERATIONS SECURITY MAY EXEMPT OPERATORS FROM RESTRICTIONS BASED ON SAFETY, CRITICALITY AND TIMELINESS OF THE MISSION REQUIREMENTS BEING PERFORMED. 5. ADDITIONS TO OPERATING IN THE DC FRZ 14 CFR SECTION 93.341, OPERATIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT (DCA): A. PART 121 AND 129 REGULARLY SCHEDULED AIR CARRIER FLIGHTS WITH TSA APPROVED AIRCRAFT OPERATOR STANDARD SECURITY PROGRAM, FULL ALL CARGO AIRCRAFT OPERATOR STANDARD SECURITY PROGRAM OR MODEL SECURITY PROGRAM (MSP) AND HAVE SPECIFIC AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION (DOT), MAY LAND AND DEPART RONALD REAGAN WASHINGTON NATIONAL AIRPORT (DCA) HEREIN REFERRED TO AS DCA APPROVED CARRIERS. B. DCA APPROVED AIR CARRIERS, OPERATING UNSCHEDULED, END PART 5 OF 10 !FDC 0/8326 ZDC PART 6 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE CHARTER OR ADDITIONAL SECTIONS MAY OPERATE WITHOUT A WAIVER UNDER THE FOLLOWING CONDITIONS: 1) ALL OPERATIONS MUST BE CONDUCTED IN ACCORDANCE WITH THEIR TSA AIRCRAFT OPERATORS STANDARD SECURITY PROGRAM (AOSSP) AND MUST DEPART A TSA OR EQUIVALENT SCREENED TERMINAL GATE. 2) THE TSA NCRCC MUST BE NOTIFIED BY TELEPHONE AT LEAST ONE HOUR PRIOR TO DEPARTURE AT 866-598-9520. 3) UNSCHEDULED OPERATIONS AT DCA REQUIRE A SLOT RESERVATION PER 14 CFR PART 93, SUBPART K. ADDITIONAL INFORMATION MAY BE OBTAINED IN ADVISORY CIRCULAR (AC) 93-1. C. ALL OTHER FLIGHTS MUST OBTAIN AN FAA/TSA WAIVER OR DCA ACCESS STANDARD SECURITY PROGRAM (DASSP) SECURITY AUTHORIZATION. ELIGIBLE OPERATIONS FOR A FAA/TSA WAIVER ARE LIMITED TO: U.S. GOVERNMENT OPERATIONS (GOV), ELECTED OFFICIALS (ELO), SPECIAL OPERATIONS (SPO), DOD, LAW ENFORCEMENT, AIR AMBULANCE FLIGHTS OR TSA AIRCRAFT OPERATORS STANDARD SECURITY PROGRAM (AOSSP).

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UNSCHEDULED OPERATIONS AT DCA REQUIRE A SLOT RESERVATION PER 14 CFR PART 93, SUBPART K. ADDITIONAL INFORMATION MAY BE OBTAINED IN ADVISORY CIRCULAR (AC) 93-1. D. DOD AND FEDERALLY OWNED AND OPERATED AIRCRAFT ON AN OPERATIONAL MISSION, WITH PRIOR FAA APPROVAL, MAY LAND AND DEPART DCA WITHOUT A WAIVER. APPROVAL FROM THE FAA NCRCC MUST BE OBTAINED AT LEAST ONE HOUR PRIOR TO DEPARTURE VIA TELEPHONE AT END PART 6 OF 10 !FDC 0/8326 ZDC PART 7 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE 866-598-9522. D. DOD AND FEDERALLY OWNED AND OPERATED AIRCRAFT ON A TRAINING OR FERRY FLIGHT MAY NOT LAND OR DEPART DCA UNLESS THE OPERATOR HAS APPLIED AND RECEIVED AN FAA/TSA WAIVER. E. FOREIGN STATE OR DIPLOMATIC AIRCRAFT ARE NOT AUTHORIZED TO LAND OR DEPART AT DCA. 6. ADDITIONS TO OPERATING IN THE DC FRZ 14 CFR SECTION 93.341, OPERATIONS AT ANDREWS AFB (ADW) AND DAVISON ARMY AIRFIELD (DAA): A. DOD OWNED AND OPERATED AIRCRAFT MAY OPERATE AT ADW OR DAA WITHOUT AN FAA/TSA WAIVER AND ARE RESPONSIBLE FOR THE SECURITY OF THEIR AIRCRAFT, CREW AND PASSENGERS. B. FEDERALLY OWNED AND OPERATED AIRCRAFT MAY OPERATE AT ADW OR DAA WITHOUT AN FAA/TSA WAIVER. THESE APPROVED GOVERNMENT OPERATORS ARE RESPONSIBLE FOR THE SECURITY OF THEIR AIRCRAFT, CREW AND PASSENGERS AND ARE REQUIRED TO NOTIFY THE FAA NCRCC ONE HOUR PRIOR TO DEPARTURE AT 866-598-9522. C. DCA APPROVED CARRIERS, OPERATING UNSCHEDULED OR CHARTER FLIGHTS INTO ADW OR DAA, IN SUPPORT OF U.S. GOVERNMENT OPERATIONS MAY OPERATE WITHOUT A WAIVER UNDER THE FOLLOWING CONDITIONS: 1) ALL OPERATIONS MUST BE CONDUCTED IN ACCORDANCE WITH THEIR TSA AIRCRAFT OPERATORS STANDARD SECURITY PROGRAM (AOSSP), INCLUDING DEPARTING FROM A TSA OR EQUIVALENT SCREENED TERMINAL. 2) NOTIFICATION TO THE TSA NCRCC VIA TELEPHONE AT 866-598-9520 IS REQUIRED AT LEAST ONE HOUR PRIOR TO END PART 7 OF 10 !FDC 0/8326 ZDC PART 8 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE DEPARTURE. D. AN FAA/TSA WAIVER IS REQUIRED FOR

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ALL STATE, LOCAL GOVERNMENT AIRCRAFT, DOD CONTRACT (INCLUDING CONTRACT AIRCRAFT USING MILITARY CALL SIGNS), ON DEMAND PASSENGER OR CARGO OPERATIONS INCLUDING ALL PART 121, 125, 129, 135 FLIGHTS LANDING AND DEPARTING ADW OR DAA NOT LISTED AS A DCA APPROVED CARRIER. NOTIFICATION TO THE TSA NCRCC VIA TELEPHONE AT 866-598-9520 IS REQUIRED AT LEAST ONE HOUR BEFORE DEPARTURE. E. 14 CFR SECTION 93.341 (C)(4) STATES THAT PRIOR PERMISSION MAY BE REQUIRED TO LAND OR DEPART ANDREWS AIR FORCE BASE, MD (ADW) OR DAVISON ARMY AIRFIELD (DAA). A PRIOR PERMISSION REQUIRED (PPR) APPROVAL DOES NOT AUTHORIZE ENTRY INTO THE FRZ OR SUPERSEDE THE REQUIREMENTS OF THIS NOTAM. F. FOREIGN OPERATED MILITARY OR FOREIGN STATE AIRCRAFT OPERATIONS WITH A U.S. STATE DEPARTMENT DIPLOMATIC CLEARANCE, AND A PPR, MAY LAND AND DEPART ONLY AT ADW WITHIN THE DC FRZ. DAA IS NOT AUTHORIZED FOR ARRIVAL OR DEPARTURE OF FOREIGN DIPLOMATIC FLIGHTS. 7. IN SUBPART V, 14 CFR SECTION 93.343 (A)(2) A DC SFRA FLIGHT PLAN WILL NOT FULFILL THE REQUIREMENTS OF A DC FRZ FLIGHT PLAN. 8. RESOURCES: A. THE CODE OF FEDERAL REGULATIONS CAN BE FOUND ON THE GOVERNMENT PRINTING OFFICE WEBSITE AT A. HTTP://WWW.GPOACCESS.GOV/CFR/INDEX.HTML. B. DIRECT ANY PILOT PROCEDURAL QUESTIONS ON THE DC SFRA OR FRZ TO FAA SYSTEM OPERATIONS END PART 8 OF 10 !FDC 0/8326 ZDC PART 9 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE SECURITY AT 9-AWA-ATSNCRCC@ FAA.GOV. C. FOR THOSE WAIVERS AND SECTIONS THAT REQUIRE NOTIFICATION TO THE TSA NCRCC CALL 866-598-9520. D. FOR THOSE SECTIONS THAT REQUIRE NOTIFICATION TO THE FAA NCRCC CALL 866-598-9522. E. THE LATEST POTOMAC TRACON LETTER TO AIRMEN CAN BE FOUND AT: HTTP://WWW.FAA.GOV/ABOUT/OFFICE_ORG/HEADQUARTERS_OFFICES/ATO/TRACON/PCT/ F. INFORMATION ABOUT WAIVER APPLICATIONS AND TSA SECURITY AUTHORIZATIONS CAN BE FOUND AT HTTP://WWW.TSA.GOV/WHAT_WE_DO/TSNM/GENERAL_AVIATION/AIRSPACE_WAIVERS.SHTM (CASE SENSITIVE USE LOWER CASE ONLY) OR BY CONTACTING TSA AT (571) 227-2071. INDIVIDUALS MAY

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SUBMIT A REQUEST FOR A FAA WAIVER AT HTTPS://WAIVER.C3.FAA.GOV. G. AFTER NORMAL BUSINESS HOURS, FOR END PART 9 OF 10 !FDC 0/8326 ZDC PART 10 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC, EFFECTIVE EMERGENCY OR SHORT NOTICE REQUESTS, CONTACT TSA NCRCC AT 866-598-9520. H. FOR OPERATIONS IN THE DC FRZ PILOTS WITH A WAIVER OR CONFIDENTIAL PILOT IDENTIFICATION CODE, MUST CALL FLIGHT SERVICE AT 866-225-7410 TO FILE A DC FRZ FLIGHT PLAN. I. INFORMATION ON U.S. DIPLOMATIC CLEARANCE AND LANDING AUTHORIZATION PROCEDURES CAN BE FOUND AT HTTP://USEG.ORG/USEG.HTML. 9. IT IS STRONGLY RECOMMENDED THAT ALL PILOTS FLYING UNDER VISUAL FLIGHT RULES (VFR) WITHIN 100 NM OF THE DCA VOR/DME COMPLETE SPECIAL AWARENESS TRAINING FOR THE WASHINGTON DC METROPOLITAN AREA, THIS TRAINING IS MANDATORY FOR ALL PILOTS THAT FLY UNDER VFR WITHIN 60 NM OF THE DCA VOR/DME (14 CFR PARTS 61 AND 91, EFFECTIVE FEBRUARY 9, 2009). THIS TRAINING IS AVAILABLE IN THE AVIATION LEARNING CENTER AT HTTP://WWW.FAASAFETY.GOV. END PART 10 OF 10

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!FDC 6/2062 ZDC PART 1 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, WASHINGTON, DC, EFFECTIVE 1602100501 UTC UNTIL FURTHER NOTICE. THIS NOTAM AND COMPLEMENTARY NOTAMS REPLACE FDC 0/8326 TO PROVIDE UPDATED INSTRUCTIONS. THIS NOTAM REFERENCES THE WASHINGTON DC SPECIAL FLIGHT RULES AREA (SFRA) ONLY. A SEPARATE NOTAM REFERENCES THE WASHINGTON DC FLIGHT RESTRICTED ZONE (FRZ) PROCEDURES. SPECIAL SECURITY INSTRUCTIONS FOR AIRCRAFT OPERATIONS IN THE DC SFRA ARE IN EFFECT PURSUANT TO 14 CODE OF FEDERAL REGULATIONS (CFR) SECTIONS 93.335, 93.337, 93.339, 93.341, 93.343, 93.345, AND 99.7, AND 49 UNITED STATES CODE (USC) SECTION 40103(B)(3). THIS NOTAM AND THREE RELATED NOTAMS REGARDING THE: DC FLIGHT RESTRICTED ZONE (FRZ); LEESBURG MANEUVERING AREA (LMA); AND UNMANNED AIRCRAFT SYSTEM (UAS) OPERATIONS IN THE DC SFRA CLARIFY AND SUPPLEMENT THE OPERATING REQUIREMENTS PRESCRIBED BY THE CITED 14 CFR SECTIONS. SECTION I. RESPONSE AND ENFORCEMENT: PURSUANT TO 49 USC 40103(B)(3), THE FAA HAS ESTABLISHED THE DC SFRA AS 'NATIONAL DEFENSE AIRSPACE'. PERSONS WHO DO NOT ADHERE TO THE PROCEDURES PRESCRIBED BY THE CITED 14 CFR SECTIONS AND THIS NOTAM MAY FACE THE FOLLOWING RESPONSE AND ENFORCEMENT ACTION OUTLINED: A. PILOTS OF AIRCRAFT THAT DO NOT ADHERE TO THE PROCEDURES IN THE 1602100501-PERM END PART 1 OF 7 !FDC 6/2062 ZDC PART 2 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, SPECIAL SECURITY REQUIREMENTS CONTAINED IN THIS NOTAM MAY BE INTERCEPTED, AND/OR DETAINED AND INTERVIEWED BY FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT, OR OTHER GOVERNMENT PERSONNEL. B. PILOTS OF AIRCRAFT THAT DO NOT ADHERE TO THE PROCEDURES IN THE SPECIAL SECURITY REQUIREMENTS CONTAINED IN THIS NOTAM MAY FACE FAA ADMINISTRATIVE ENFORCEMENT ACTION, INCLUDING IMPOSING CIVIL PENALTIES AND THE SUSPENSION OR REVOCATION OF AIRMEN CERTIFICATES. C. ANY PERSON WHO KNOWINGLY OR WILLFULLY VIOLATES THE RULES CONCERNING OPERATIONS IN THIS AIRSPACE MAY BE SUBJECT TO CRIMINAL PENALTIES UNDER 49 USC SECTION 46307. D. THE U.S. GOVERNMENT MAY USE DEADLY FORCE AGAINST A FLIGHT OPERATING IN THE DC SFRA, INCLUDING THE DC FRZ, IF IT IS DETERMINED THAT THE AIRCRAFT POSES AN IMMINENT SECURITY THREAT. SECTION II. OPERATING REQUIREMENTS: ALL AIRCRAFT FLIGHT OPERATIONS ARE PROHIBITED WITHIN THE DC SFRA UNLESS IN COMPLIANCE WITH 14 CFR SECTIONS 93.335, 93.337, 93.339, 93.341, 93.343, AND 93.345, AND THE FOLLOWING SUPPLEMENTAL SPECIAL SECURITY INSTRUCTIONS REQUIRED PURSUANT TO 14 CFR SECTION 99.7 AND 49 USC SECTION 40103(B)(3): 1602100501-PERM END PART 2 OF 7 !FDC 6/2062 ZDC PART 3 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, A. APPLICATION OF DEFINITIONS IN 14 CFR SECTION 93.335: 1. A DC SFRA FLIGHT PLAN DOES NOT FULFILL THE REQUIREMENTS FOR VISUAL FLIGHT RULES (VFR) OPERATIONS IN THE DC FRZ. A DC FRZ FLIGHT PLAN IS REQUIRED FOR VFR OPERATIONS IN THE DC FRZ. PILOTS MAY NOT FILE A DC FRZ FLIGHT PLAN WHILE AIRBORNE. B. IT IS STRONGLY RECOMMENDED THAT ALL PILOTS FLYING UNDER VFR WITHIN 100 NM OF THE DCA VOR/DME COMPLETE SPECIAL AWARENESS TRAINING FOR THE WASHINGTON DC METROPOLITAN AREA, THIS TRAINING IS MANDATORY FOR ALL PILOTS THAT FLY UNDER VFR WITHIN 60 NM OF THE DCA VOR/DME (14 CFR PARTS 61 AND 91, EFFECTIVE FEBRUARY 9, 2009). THIS TRAINING IS AVAILABLE IN THE AVIATION LEARNING CENTER AT WWW.FAASAFETY.GOV. C. ADDITIONS TO REQUIREMENTS IN 14 CFR SECTION 93.339 - DC SFRA: 1. AIRCRAFT OPERATING IN THE DC SFRA MUST BE EQUIPPED WITH AN OPERABLE TWO WAY RADIO CAPABLE OF COMMUNICATING WITH AIR TRAFFIC CONTROL (ATC) ON APPROPRIATE RADIO FREQUENCIES OR UNICOM. IT IS HIGHLY RECOMMENDED THAT A PILOT CONTINUOUSLY MONITOR VHF FREQUENCY 121.5 OR UHF FREQUENCY 243.0 FOR EMERGENCY INSTRUCTIONS WHEN OPERATING AN AIRCRAFT IN THE DC SFRA, EITHER IN AN AIRCRAFT THAT IS SUITABLY EQUIPPED, OR BY USE OF PORTABLE EQUIPMENT. 2. ANY PERSON OPERATING AN AIRBORNE AIRCRAFT UNDER VFR TO OR FROM, 1602100501-PERM END PART 3 OF 7 !FDC 6/2062 ZDC PART 4 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, WITHIN, OR TRANSITING THE DC SFRA/FRZ WHO BECOMES AWARE OF AN INABILITY TO COMPLY WITH THE REQUIREMENT TO MAINTAIN RADIO CONTACT WITH AIR TRAFFIC CONTROL (ATC)

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MUST IMMEDIATELY SQUAWK 7600 AND EXIT THE DC SFRA/FRZ BY THE MOST DIRECT LATERAL ROUTE EXCEPTING: A) IF THE DEPARTURE POINT IS WITHIN THE DC SFRA AND THE DEPARTURE POINT IS CLOSER THAN THE DC SFRA BOUNDARY, THE PILOT MAY RETURN TO THE DEPARTURE POINT BY THE MOST DIRECT ROUTE. 3. ANY PERSON OPERATING AN AIRBORNE AIRCRAFT UNDER INSTRUMENT FLIGHT RULES (IFR) TO OR FROM, WITHIN, OR TRANSITING THE DC SFRA/FRZ WHO BECOMES AWARE OF AN INABILITY TO COMPLY WITH THE REQUIREMENT TO MAINTAIN RADIO CONTACT WITH ATC MUST CONTINUE THE FLIGHT IN COMPLIANCE WITH THE TWO-WAY RADIO COMMUNICATIONS FAILURE PROCEDURES FOUND IN THE FAA AERONAUTICAL INFORMATION MANUAL (AIM) AND/OR APPLICABLE FEDERAL AVIATION REGULATIONS (FAR). 4. ANY PERSON OPERATING AN AIRCRAFT TO OR FROM, WITHIN, OR TRANSITING THE DC SFRA WHO BECOMES AWARE OF AN INABILITY TO COMPLY WITH THE REQUIREMENT TO CONTINUOUSLY SQUAWK AN ATC ASSIGNED TRANSPONDER CODE MUST IMMEDIATELY ADVISE ATC AND COMPLY WITH ALL INSTRUCTIONS FROM ATC. IF UNABLE TO CONTACT ATC, PILOTS MUST EXIT THE DC SFRA/FRZ BY THE MOST DIRECT LATERAL ROUTE EXCEPTING: 1602100501-PERM END PART 4 OF 7 !FDC 6/2062 ZDC PART 5 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, A) IF THE DEPARTURE POINT IS WITHIN THE DC SFRA AND THE DEPARTURE POINT IS CLOSER THAN THE DC SFRA BOUNDARY, THE PILOT MAY RETURN TO THE DEPARTURE POINT BY THE MOST DIRECT ROUTE. 5. THE PROCEDURES IN SECTION IV, SUBSECTION A, B, AND C DO NOT AUTHORIZE PENETRATION OF RESTRICTED AREAS OR PROHIBITED AREAS. 6. AIRCRAFT DEPARTING AIRPORTS WITHIN THE DC SFRA WITH LIMITED TWO-WAY RADIO COMMUNICATIONS MUST ESTABLISH TWO-WAY COMMUNICATIONS AS SOON AS FEASIBLE, NORMALLY WITHIN 2 NM OF THE DEPARTURE POINT. 7. PATTERN WORK OPERATIONS AT NON-CONTROLLED TOWER AIRPORTS WITHIN THE DC SFRA (BUT NOT WITHIN THE DC FRZ) MUST BE CONDUCTED IN ACCORDANCE WITH 14 CFR SECTION 93.339 (C) AND THE PROCEDURES SPECIFIED IN THE MOST CURRENT POTOMAC TRACON LETTER TO AIRMEN ON THE SUBJECT. THE LETTER CAN BE FOUND AT: WWW.FAA.GOV/ABOUT/OFFICE_ORG/HEADQUARTERS_OFFICES/ATO/TRACON/PCT/ 8. OPERATIONS BY UNMANNED AIRCRAFT SYSTEMS (UAS), INCLUDING MODEL AIRCRAFT (HOBBYIST OR RECREATIONAL USE ONLY), CIVIL AND COMMERCIAL OPERATIONS, AND PUBLIC OPERATIONS, ARE ONLY AUTHORIZED WITHIN THE DC SFRA, EXCLUDING THE DC FRZ, IF IN COMPLIANCE WITH THE SEPARATE FAA NOTAM, WHICH PRESCRIBES UAS-SPECIFIC OPERATING REQUIREMENTS IN THE DC SFRA. 1602100501-PERM END PART 5 OF 7 !FDC 6/2062 ZDC PART 6 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, SECTION III. RESOURCES: A. THE CODE OF FEDERAL REGULATIONS CAN BE FOUND ON THE GOVERNMENT PRINTING OFFICE WEBSITE AT WWW.GPO.GOV/FDSYSACCESS.GOV/CFR/INDEX.HTML, OR WWW.ECFR.GOV. B. ANY PILOT QUESTIONS REGARDING DC SFRA OR FRZ PROCEDURES SHOULD BE DIRECTED TO THE FAA SYSTEM OPERATIONS SECURITY REPRESENTATIVE AT THE NATIONAL CAPITAL REGION COORDINATION CENTER (NCRCC) AT [email protected] OR (866) 598-9522. C. FOR THOSE WAIVERS AND REQUIREMENTS IN THIS NOTAM THAT REQUIRE NOTIFICATION TO THE TSA AT THE NCRCC, CALL (866) 598-9520. D. FOR THOSE WAIVERS AND REQUIREMENTS IN THIS NOTAM THAT REQUIRE NOTIFICATION TO THE FAA AT THE NCRCC, CALL (866) 598-9522. E. THE LATEST POTOMAC TRACON (PCT) LETTER TO AIRMEN CAN BE FOUND AT: WWW.FAA.GOV/ABOUT/OFFICE_ORG/HEADQUARTERS_OFFICES/ATO/TRACON/PCT/ F. INFORMATION ABOUT FAA/TSA AIRSPACE WAIVER APPLICATIONS AND TSA SECURITY AUTHORIZATIONS CAN BE FOUND AT WWW.TSA.GOV/FOR-INDUSTRY/GENERAL-AVIATION OR BY CONTACTING TSA AT (571) 227-2071. G. INDIVIDUALS MAY SUBMIT A REQUEST FOR A FAA WAIVER AT 1602100501-PERM END PART 6 OF 7 !FDC 6/2062 ZDC PART 7 OF 7 SECURITY...SPECIAL SECURITY INSTRUCTIONS, WAIVERS.FAA.GOV. AFTER NORMAL BUSINESS HOURS, FOR EMERGENCY OR SHORT NOTICE REQUESTS, CONTACT TSA AT THE NCRCC AT (866) 598-9520. H. THE TRANSPONDER REQUIREMENTS DESCRIBED IN THIS NOTAM ARE ESTABLISHED SOLELY FOR SECURITY TRACKING PURPOSES AND DO NOT IMPLY THE PROVISION OF ATC RADAR SERVICES, UNLESS ATC SERVICES ARE REQUESTED AND APPROVED. I. THE COMMUNICATIONS

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REQUIREMENTS DESCRIBED IN THIS NOTAM ARE ESTABLISHED TO MAINTAIN THE ABILITY TO IMMEDIATELY COMMUNICATE SECURITY-BASED INSTRUCTIONS, NOT FOR NECESSARILY FOR ATC SERVICES, UNLESS ATC SERVICES ARE REQUESTED AND APPROVED. 1602100501-PERM END PART 7 OF 7

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FDC 6/2069 ZDC SECURITY...SPECIAL SECURITY INSTRUCTIONS, WASHINGTON, DC, EFFECTIVE 1602100501 UTC UNTIL FURTHER NOTICE. SPECIAL SECURITY INSTRUCTIONS FOR UNMANNED AIRCRAFT OPERATIONS (UAS) IN THE DC SPECIAL FLIGHT RULES AREA (SFRA), INCLUDING THE DC FLIGHT RESTRICTED ZONE (FRZ), ARE IN EFFECT PURSUANT TO 14 CODE OF FEDERAL REGULATIONS (CFR) SECTIONS 93.335, 93.337, 93.339, 93.341, AND 99.7, AND 49 UNITED STATES CODE (USC) SECTION 40103(B)(3). THIS NOTAM CLARIFIES AND SUPPLEMENTS THE OPERATING REQUIREMENTS IN FDC 6/2062 AND 6/2060, WHICH DEFINES THE OVERALL OPERATING REQUIREMENTS FOR THE DC SFRA AND THE DC FRZ, AND THOSE PRESCRIBED BY 14 CFR SECTIONS 93.335, 93.337, 93.339, 93.341, 93.343, 93.345, AND 99.7. SECTION I. SPECIAL NOTES ON UAS OPERATIONS IN THE DC SFRA: A. THIS NOTAM SUPPLEMENTS FDC 6/2062 WITH SPECIAL SECURITY INSTRUCTIONS, INCLUDING OPERATING REQUIREMENTS, THAT ARE SPECIFIC TO UAS OPERATIONS, INCLUDING OPERATIONS BY MODEL AIRCRAFT (HOBBYIST OR RECREATIONAL USE), CIVIL (INCLUDING COMMERCIAL), AND PUBLIC OPERATORS, IN THE DC SFRA. B. THE FAA HAS ESTABLISHED THE DC SFRA, INCLUDING THE DC FRZ, AS 'NATIONAL DEFENSE AIRSPACE' PURSUANT TO 49 USC 40103(B)(3). PERSONS OPERATING UAS IN THE DC SFRA WHO DO NOT ADHERE TO THE PROCEDURES PRESCRIBED BY 14 CFR SECTIONS 93.335, 93.337, 93.339, 93.341, AND 99.7, AND THE FOLLOWING UAS-SPECIFIC SUPPLEMENTAL SPECIAL SECURITY INSTRUCTIONS MAY FACE RESPONSE AND ENFORCEMENT ACTIONS DESCRIBED BY FDC 6/2062 AND 6/2060. C. UAS OPERATIONS ARE PROHIBITED IN THE DC FRZ. SECTION II. OPERATING REQUIREMENTS FOR DC SFRA (MODEL AIRCRAFT UAS OPERATIONS): ALL MODEL AIRCRAFT (FOR HOBBYIST OR RECREATIONAL USE ONLY) UAS OPERATIONS ARE PROHIBITED WITHIN DC SFRA UNLESS IN COMPLIANCE WITH ALL OF THE REQUIREMENTS LISTED BELOW. REFER TO SECTION VI OF THIS NOTAM FOR THE APPLIED DEFINITION OF MODEL AIRCRAFT OPERATIONS. A. THE UAS IS REGISTERED AND MARKED AS REQUIRED BY THE FAA. REFER TO INSTRUCTIONS PROVIDED AT WWW.FAA.GOV/UAS/REGISTRATION. B. THE UAS WEIGHS LESS THAN 55 LBS, INCLUDING ALL ADDED EQUIPMENT (SUCH AS CAMERAS) ATTACHED TO THE AIRCRAFT. C. OPERATIONS MUST REMAIN AT OR BELOW 400 FEET ABOVE GROUND LEVEL (AGL). D. OPERATIONS MUST REMAIN WITHIN VISUAL LINE OF SIGHT OF THE OPERATOR AND IN COMPLIANCE WITH THE FOLLOWING: 1. OPERATIONS MUST BE CONDUCTED UNDER VISUAL METEOROLOGICAL CONDITIONS (VMC). 2. OPERATIONS MUST NOT BE CONDUCTED DURING NIGHT AS DEFINED IN 14 CFR SECTION 1.1. 3. FLIGHTS UNDER SPECIAL VISUAL FLIGHT RULES (SVFR) ARE NOT AUTHORIZED. E. PRIOR TO OPERATING WITHIN 5 MILES OF AN AIRPORT, THE UAS OPERATOR MUST NOTIFY THE AIRPORT OPERATOR AND, WHEN PRESENT, THE AIR TRAFFIC CONTROL TOWER. F. OPERATIONS MUST NOT INTERFERE WITH AND MUST GIVE WAY TO MANNED AIRCRAFT. G. MODEL AIRCRAFT UAS OPERATIONS ARE COMPLETELY PROHIBITED IN THE DC FRZ.

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SECTION III. OPERATING REQUIREMENTS FOR DC SFRA (CIVIL, INCLUDING COMMERCIAL, UAS OPERATIONS): ALL CIVIL, INCLUDING COMMERCIAL, UAS OPERATIONS ARE PROHIBITED WITHIN DC SFRA UNLESS IN COMPLIANCE WITH ALL OF THE REQUIREMENTS LISTED BELOW. REFER TO SECTION VI OF THIS NOTAM FOR THE APPLIED DEFINITION OF CIVIL, INCLUDING COMMERCIAL, UAS OPERATIONS. A. THE UAS IS REGISTERED AND MARKED AS REQUIRED BY THE FAA. REFER TO INSTRUCTIONS PROVIDED AT WWW.FAA.GOV/UAS/REGISTRATION. B. OPERATIONS MUST COMPLY WITH THE OPERATOR'S APPLICABLE FAA GRANT OF EXEMPTION PURSUANT TO PUBLIC LAW 112-95, SECTION 333, AND FAA CERTIFICATE OF AUTHORIZATION OR WAIVER (COA). C. IN ADDITION TO THE REQUIREMENTS PRESCRIBED BY SUBSECTIONS A AND B OF THIS SECTION III, CIVIL, INCLUDING COMMERCIAL, UAS OPERATORS MUST, AT LEAST ONE HOUR IN ADVANCE OF OPERATIONS, CONTACT THE FAA AT THE NATIONAL CAPITAL REGION COORDINATION CENTER (NCRCC) AT (866) 598-9522 AND PROVIDE LOCATION, START/STOP TIMES, OPERATOR CONTACT, AND COA INFORMATION, AND ANY OTHER INFORMATION REQUESTED BY THE FAA. SECTION IV. OPERATING REQUIREMENTS FOR DC SFRA (PUBLIC UAS OPERATIONS): ALL PUBLIC UAS OPERATIONS ARE PROHIBITED WITHIN DC SFRA UNLESS IN COMPLIANCE WITH ALL OF THE REQUIREMENTS LISTED BELOW. REFER TO SECTION VII OF THIS NOTAM FOR THE APPLIED DEFINITION OF PUBLIC UAS OPERATIONS. A. THE UAS IS REGISTERED AND MARKED AS REQUIRED BY THE FAA. REFER TO INSTRUCTIONS PROVIDED AT WWW.FAA.GOV/UAS/REGISTRATION. B. OPERATIONS MUST COMPLY WITH THE OPERATOR'S APPLICABLE CERTIFICATE OF AUTHORIZATION OR WAIVER (COA). C. IN ADDITION TO THE REQUIREMENTS PRESCRIBED BY SUBSECTIONS A AND B OF THIS SECTION IV, PUBLIC UAS OPERATORS MUST, AT LEAST ONE HOUR IN ADVANCE OF OPERATIONS, CONTACT THE FAA AT THE NCRCCAT (866) 598-9522 AND PROVIDE LOCATION, START/STOP TIMES, OPERATOR CONTACT, AND COA INFORMATION, AND ANY OTHER INFORMATION REQUESTED BY THE FAA. SECTION V. ADDITIONAL GENERAL OPERATING REQUIREMENTS AND GUIDANCE FOR DC SFRA (ALL TYPES OF UAS OPERATIONS): A. UAS OPERATIONS IN THE DC SFRA MUST NOT PENETRATE RESTRICTED AREAS, PROHIBITED AREAS, OR TEMPORARY FLIGHT RESTRICTIONS (TFR). RESTRICTED AND PROHIBITED AREAS ARE DEPICTED ON CHARTS AVAILABLE THROUGH THE FAA - REFER TO WWW.FAA.GOV/AIR_TRAFFIC/FLIGHT_INFO/AERONAV. INFORMATION ON CURRENT TFR'S CAN BE OBTAINED AT WWW.TFR.FAA.GOV B. UAS OPERATIONS IN THE DC SFRA MUST NOT PENETRATE THE DC FRZ. UAS OPERATIONS ARE PROHIBITED IN THE DC FRZ. C. UAS OPERATORS SHOULD BE AWARE OF OTHER NOTAMS, WHICH ADDRESS SECURITY SENSITIVE INCIDENTS, EVENTS, OPERATIONS, AND/OR LOCATIONS SUCH AS MILITARY OR

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OTHER FEDERAL FACILITIES, CERTAIN STADIUMS, POWER PLANTS, ELECTRIC SUBSTATIONS, DAMS, OIL REFINERIES, NATIONAL PARKS, EMERGENCY, SERVICES AND OTHER INDUSTRIAL COMPLEXES. IN ADDITION TO THE PREVIOUSLY MENTIONED LINK, INFORMATION REGARDING PUBLISHED NOTAMS CAN BE FOUND AT: WWW.FAA.GOV/AIR_TRAFFIC /PUBLICATIONS/NOTICES/ D. UAS OPERATIONS MUST NOT INTERFERE WITH AND MUST GIVE WAY TO MANNED AIRCRAFT. SECTION VI. DEFINITIONS: A. MODEL AIRCRAFT UAS: UAS MUST MEET THE REQUIREMENTS PRESCRIBED BY PUBLIC LAW 112-95, SECTION 336, TO QUALIFY AS A MODEL AIRCRAFT, WHICH IS USED EXCLUSIVELY FOR HOBBYIST OR RECREATIONAL PURPOSES. UAS USED FOR COMMERCIAL ACTIVITY DO NOT QUALIFY AS MODEL AIRCRAFT. B. CIVIL, INCLUDING COMMERCIAL, UAS: CIVIL UAS OPERATIONS GENERALLY COMPRISE FLIGHTS CONDUCTED BY PRIVATE SECTOR ENTITIES FOR COMMERCIAL PURPOSES. REFER TO PUBLIC LAW 112-95, SECTION 333, FOR ADDITIONAL DETAILS ON UAS OPERATIONS THAT ARE ADDRESSED BY SECTION III OF THIS NOTAM. C. PUBLIC UAS: PUBLIC UAS OPERATIONS GENERALLY INCLUDE GOVERNMENTAL OPERATIONS, INCLUDING DEPARTMENT OF DEFENSE (DOD) AND NATIONAL GUARD (NG) FLIGHTS. REFER TO 49 USC SECTION 40102(A)(41), WHICH PROVIDES THE DEFINITION OF "PUBLIC AIRCRAFT" AND 49 USC SECTION 40125 PROVIDES THE QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS. SECTION VII. RESOURCES: A. THE CODE OF FEDERAL REGULATIONS CAN BE FOUND ON THE GOVERNMENT PRINTING OFFICE WEBSITE AT WWW.GPO.GOV/FDSYSACCESS.GOV/CFR/INDEX.HTML, OR WWW.ECFR.GOV. B. ANY UAS OPERATOR QUESTIONS REGARDING DC SFRA OR FRZ PROCEDURES SHOULD BE DIRECTED TO THE FAA SYSTEM OPERATIONS SECURITY REPRESENTATIVE AT THE NATIONAL CAPITAL REGION COORDINATION CENTER (NCRCC) AT [email protected] OR (866) 598-9522. C. INFORMATION ABOUT FAA/TSA AIRSPACE WAIVER APPLICATIONS AND TSA SECURITY AUTHORIZATIONS CAN BE FOUND AT WWW.TSA.GOV/FOR-INDUSTRY/GENERAL-AVIATION OR BY CONTACTING TSA AT (571) 227-2071. D. FAA INFORMATION TO HELP UAS OPERATORS UNDERSTAND REQUIREMENTS AND RESTRICTIONS, WHICH COULD BE IN EFFECT AT THEIR INTENDED OPERATING LOCATION, IS AVAILABLE THROUGH THE FAA'S B4UFLY SMARTPHONE APPLICATION - SEE WWW.FAA.GOV/UAS/B4UFLY E. INDIVIDUALS MAY SUBMIT A REQUEST FOR A FAA WAIVER AT WAIVERS.FAA.GOV. AFTER NORMAL BUSINESS HOURS, FOR EMERGENCY OR SHORT NOTICE REQUESTS, CONTACT TSA AT THE NCRCC AT (866) 598-9520. 1602100501-PERM

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FDC 6/2060 ZDC PART 1 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, WASHINGTON, DC, EFFECTIVE 1602100501 UTC UNTIL FURTHER NOTICE. THIS NOTAM AND COMPLEMENTARY NOTAMS REPLACE FDC 0/8326 TO PROVIDE UPDATED INSTRUCTIONS. THIS NOTAM REFERENCES THE WASHINGTON DC FLIGHT RESTRICTED ZONE (FRZ) PROCEDURES. A SEPARATE NOTAM REFERENCES THE WASHINGTON DC SPECIAL FLIGHT RULES AREA (SFRA) PROCEDURES. SPECIAL SECURITY INSTRUCTIONS FOR AIRCRAFT OPERATIONS IN THE DC FLIGHT RESTRICTED ZONE (FRZ), A PART OF THE DC SPECIAL FLIGHT RULES AREA (SFRA), ARE IN EFFECT PURSUANT TO 14 CODE OF FEDERAL REGULATIONS (CFR) SECTIONS 93.335, 93.337, 93.339, 93.341, 93.343, 93.345, AND 99.7, AND 49 UNITED STATES CODE (USC) SECTION 40103(B)(3). THIS NOTAM AND THREE RELATED NOTAMS REGARDING THE: DC SFRA, EXCLUDING THE DC FRZ, WHICH IS ADDRESSED BY THIS NOTAM; THE LEESBURG MANEUVERING AREA (LMA); AND UNMANNED AIRCRAFT SYSTEM (UAS) OPERATIONS IN THE DC SFRA CLARIFY AND SUPPLEMENT THE OPERATING REQUIREMENTS PRESCRIBED BY THE CITED 14 CFR SECTIONS. SECTION I. RESPONSE AND ENFORCEMENT: PURSUANT TO 49 USC 40103(B)(3), THE FAA HAS ESTABLISHED THE DC FRZ, A PART OF THE DC SFRA, AS 'NATIONAL DEFENSE AIRSPACE'. PERSONS WHO DO NOT ADHERE TO THE PROCEDURES PRESCRIBED BY THE CITED 14 CFR SECTIONS AND THIS NOTAM MAY FACE THE FOLLOWING RESPONSE AND 1602100501-PERM END PART 1 OF 10 FDC 6/2060 ZDC PART 2 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, ENFORCEMENT ACTION OUTLINED: A. PILOTS OF AIRCRAFT THAT DO NOT ADHERE TO THE PROCEDURES IN THE SPECIAL SECURITY REQUIREMENTS CONTAINED IN THIS NOTAM MAY BE INTERCEPTED, AND/OR DETAINED AND INTERVIEWED BY FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT, OR OTHER GOVERNMENT PERSONNEL. B. PILOTS OF AIRCRAFT THAT DO NOT ADHERE TO THE PROCEDURES IN THE SPECIAL SECURITY REQUIREMENTS CONTAINED IN THIS NOTAM MAY FACE FAA ADMINISTRATIVE ENFORCEMENT ACTION, INCLUDING IMPOSING CIVIL PENALTIES AND THE SUSPENSION OR REVOCATION OF AIRMEN CERTIFICATES. C. ANY PERSON WHO KNOWINGLY OR WILLFULLY VIOLATES THE RULES CONCERNING OPERATIONS IN THIS AIRSPACE MAY BE SUBJECT TO CRIMINAL PENALTIES UNDER 49 USC SECTION 46307. D. THE U.S. GOVERNMENT MAY USE DEADLY FORCE AGAINST A FLIGHT OPERATING IN THE DC SFRA, INCLUDING THE DC FRZ, IF IT IS DETERMINED THAT THE AIRCRAFT POSES AN IMMINENT SECURITY THREAT. SECTION II. OPERATING REQUIREMENTS: ALL AIRCRAFT FLIGHT OPERATIONS ARE PROHIBITED WITHIN THE DC FRZ, A PART OF THE DC SFRA, UNLESS IN COMPLIANCE WITH 14 CFR SECTIONS 93.335, 93.337, 93.339, 93.341, 93.343, AND 93.345, AND THE FOLLOWING SUPPLEMENTAL SPECIAL SECURITY INSTRUCTIONS REQUIRED 1602100501-PERM END PART 2 OF 10 FDC 6/2060 ZDC PART 3 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, PURSUANT TO 14 CFR SECTION 99.7 AND 49 USC SECTION 40103(B)(3): A. APPLICATION OF

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DEFINITIONS IN 14 CFR SECTION 93.335: 1. A DC FRZ FLIGHT PLAN MUST BE FILED WITH FLIGHT SERVICE AT (866) 225-7410. 2. A DC FRZ FLIGHT PLAN IS REQUIRED FOR VFR OPERATIONS IN THE DC FRZ. PILOTS MAY NOT FILE A DC FRZ FLIGHT PLAN WHILE AIRBORNE. B. ADDITIONS TO REQUIREMENTS IN 14 CFR SECTION 93.341-DC FRZ: 1. AIRCRAFT OPERATING IN THE DC FRZ MUST BE EQUIPPED WITH AN OPERABLE TWO WAY RADIO CAPABLE OF COMMUNICATING WITH AIR TRAFFIC CONTROL (ATC). PILOTS ARE RECOMMENDED TO CONTINUOUSLY MONITOR VHF 121.5 OR UHF 243.0 FOR EMERGENCY INSTRUCTIONS. 2. AIRCRAFT OPERATING VFR WITHIN OR TRANSITING THE DC FRZ WHO BECOMES AWARE OF AN INABILITY TO MAINTAIN RADIO CONTACT WITH ATC MUST IMMEDIATELY SQUAWK 7600 AND EXIT THE DC FRZ BY THE MOST DIRECT LATERAL ROUTE. IF THE DEPARTURE POINT IS WITHIN THE DC FRZ AND THE AIRCRAFT IS WITHIN 5 NM OF THE DEPARTURE POINT, THE PILOT MAY RETURN TO THE DEPARTURE POINT BY THE MOST DIRECT ROUTE. OTHERWISE, THE PILOT MUST EXIT THE DC FRZ VIA THE MOST DIRECT ROUTE. 3. ANY INSTRUMENT FLIGHT RULES (IFR) AIRCRAFT OPERATING WITHIN OR TRANSITING THE DC FRZ WHO BECOMES AWARE OF AN INABILITY TO MAINTAIN RADIO CONTACT WITH ATC MUST CONTINUE THE FLIGHT IN COMPLIANCE WITH THE TWO-WAY RADIO COMMUNICATIONS FAILURE 1602100501-PERM END PART 3 OF 10 FDC 6/2060 ZDC PART 4 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, PROCEDURES. 4. AIRCRAFT OPERATING WITHIN OR TRANSITING THE DC FRZ WHO BECOMES AWARE OF AN INABILITY TO SQUAWK AN ASSIGNED TRANSPONDER CODE MUST IMMEDIATELY ADVISE ATC AND COMPLY WITH ALL INSTRUCTIONS. IF UNABLE TO CONTACT ATC, PILOTS MUST EXIT THE DC FRZ. IF THE DEPARTURE POINT IS WITHIN THE DC FRZ AND THE AIRCRAFT IS WITHIN 5 NM OF THE DEPARTURE POINT, THE PILOT MAY RETURN TO THE DEPARTURE POINT BY THE MOST DIRECT ROUTE. OTHERWISE, THE PILOT MUST EXIT THE DC FRZ VIA THE MOST DIRECT ROUTE. 5. THE FOLLOWING OPERATIONS ARE NOT AUTHORIZED WITHIN THE DC FRZ: FLIGHT TRAINING, AEROBATIC FLIGHT, PRACTICE INSTRUMENT APPROACHES, GLIDER OPERATIONS, PARACHUTE OPERATIONS, ULTRA LIGHT, HANG GLIDING, BALLOON OPERATIONS, TETHERED BALLOONS, AGRICULTURE/CROP DUSTING, ANIMAL POPULATION CONTROL FLIGHT OPERATIONS, BANNER TOWING OPERATIONS, MAINTENANCE TEST FLIGHTS, UAS (INCLUDING MODEL AIRCRAFT, CIVIL, AND PUBLIC OPERATIONS), MODEL ROCKETRY, FLOAT PLANE OPERATIONS, AND AIRCRAFT/HELICOPTERS OPERATING FROM A SHIP OR PRIVATE/CORPORATE YACHT. 6. ALL FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AND AIRCRAFT AIR AMBULANCE FLIGHTS MUST OBTAIN AND COMPLY WITH AN FAA/TSA WAIVER FOR OPERATIONS WITHIN THE DC FRZ. 7. DEPARTMENT OF DEFENSE (DOD) AND NATIONAL GUARD OPERATORS CONDUCTING VFR, ROTARY WING FLIGHTS IN THE DC FRZ MUST OBTAIN 1602100501-PERM END PART 4 OF 10 FDC 6/2060 ZDC PART 5 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, APPROVAL FROM

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THE FAA AT THE NCRCC AT 866-598-9525 PRIOR TO ENTERING THE FRZ. 8. APPROVED DOD, NATIONAL GUARD, LAW ENFORCEMENT, AND LIFEGUARD/AIR AMBULANCE OPERATORS MAY CONDUCT TRAINING/MAINTENANCE FLIGHTS WITHIN THE DC FRZ WITH PRIOR APPROVAL AND COORDINATION WITH THE FAA AT THE NCRCC AT 866-598-9522. THESE OPERATIONS ARE TO BE KEPT TO A MINIMUM CONSISTENT WITH FLIGHT SAFETY AND PILOT PROFICIENCY. 9. THE FAA OFFICE OF SYSTEM OPERATIONS SECURITY MAY EXEMPT OPERATORS FROM THE OUTLINED DC FRZ REQUIREMENTS BASED ON SAFETY, CRITICALITY, AND URGENCY OF THE PROPOSED FLIGHT. 10. ALL PREVIOUSLY ISSUED WAIVERS TO FDC NOTAM 0/8326 REMAIN VALID UNTIL THE SPECIFIED END DATE. C. ADDITIONS TO REQUIREMENTS IN 14 CFR SECTION 93.341 - OPERATIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT (DCA): 1. PART 121 AND 129 REGULARLY SCHEDULED AIR CARRIER FLIGHTS OPERATING IN COMPLIANCE WITH A TRANSPORTATION SECURITY ADMINISTRATION (TSA) STANDARD SECURITY PROGRAM - THE APPROVED AIRCRAFT OPERATOR STANDARD SECURITY PROGRAM (AOSSP), FULL ALL CARGO AIRCRAFT OPERATOR STANDARD SECURITY PROGRAM (FACAOSSP) OR MODEL SECURITY PROGRAM (MSP) - AND HAVE SPECIFIC AUTHORIZATION FROM THE DEPARTMENT OF TRANSPORTATION (DOT), MAY LAND AND DEPART RONALD REAGAN WASHINGTON NATIONAL AIRPORT (DCA), 1602100501-PERM END PART 5 OF 10 FDC 6/2060 ZDC PART 6 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, AND ARE HEREIN REFERRED TO AS DCA APPROVED CARRIERS. 2. DCA APPROVED AIR CARRIERS, OPERATING UNSCHEDULED, CHARTER OR ADDITIONAL SECTIONS MAY OPERATE WITHOUT A WAIVER UNDER THE FOLLOWING CONDITIONS: A) ALL OPERATIONS MUST BE CONDUCTED IN ACCORDANCE WITH THEIR TSA AOSSP AND MUST DEPART A TSA OR EQUIVALENT SCREENED TERMINAL GATE. B) THE TSA NCRCC MUST BE NOTIFIED BY TELEPHONE AT LEAST ONE HOUR PRIOR TO DEPARTURE AT 866-598-9520. C) UNSCHEDULED OPERATIONS AT DCA REQUIRE A SLOT RESERVATION. ADDITIONAL INFORMATION MAY BE OBTAINED IN ADVISORY CIRCULAR (AC) 93-1. 3. ALL OTHER FLIGHTS MUST OBTAIN AN FAA/TSA WAIVER OR DCA ACCESS STANDARD SECURITY PROGRAM (DASSP) SECURITY AUTHORIZATION. ELIGIBLE OPERATIONS FOR A FAA/TSA WAIVER ARE LIMITED TO: U.S. GOVERNMENT OPERATIONS (GOV), ELECTED OFFICIALS (ELO), SPECIAL OPERATIONS (SPO), DOD, NATIONAL GUARD, LAW ENFORCEMENT, AIR AMBULANCE FLIGHTS OR FLIGHTS BEING OPERATING IN COMPLIANCE WITH A TSA APPROVED AOSSP BUT ARE NOT DCA APPROVED AIR CARRIERS. UNSCHEDULED OPERATIONS AT DCA REQUIRE A SLOT RESERVATION. ADDITIONAL INFORMATION MAY BE OBTAINED IN ADVISORY CIRCULAR (AC) 93-1. 4. DOD, NATIONAL GUARD, AND FEDERALLY OWNED AND OPERATED AIRCRAFT ON AN OPERATIONAL MISSION, WITH PRIOR FAA APPROVAL, MAY LAND AND DEPART DCA WITHOUT A WAIVER. APPROVAL FROM THE FAA NCRCC 1602100501-PERM END PART 6 OF 10 FDC 6/2060 ZDC PART 7 OF 10 SECURITY...SPECIAL

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SECURITY INSTRUCTIONS, MUST BE OBTAINED AT LEAST ONE HOUR PRIOR TO DEPARTURE VIA TELEPHONE AT 866-598-9522. 5. DOD, NATIONAL GUARD, AND FEDERALLY OWNED AND OPERATED AIRCRAFT ON A TRAINING OR FERRY FLIGHT MAY NOT LAND OR DEPART DCA UNLESS THE OPERATOR HAS APPLIED AND RECEIVED AN FAA/TSA WAIVER. 6. FOREIGN STATE OR DIPLOMATIC AIRCRAFT ARE NOT AUTHORIZED TO LAND OR DEPART AT DCA. D. ADDITIONS TO REQUIREMENTS IN 14 CFR SECTION 93.341 - OPERATIONS AT ANDREWS AFB (ADW) AND DAVISON ARMY AIRFIELD (DAA): 1. DOD AND NATIONAL GUARD OWNED AND OPERATED AIRCRAFT MAY OPERATE AT ADW OR DAA WITHOUT AN FAA/TSA WAIVER AND ARE RESPONSIBLE FOR THE SECURITY OF THEIR AIRCRAFT, CREW, AND PASSENGERS. 2. FEDERALLY OWNED AND OPERATED AIRCRAFT MAY OPERATE AT ADW OR DAA WITHOUT AN FAA/TSA WAIVER. THESE APPROVED GOVERNMENT OPERATORS ARE RESPONSIBLE FOR THE SECURITY OF THEIR AIRCRAFT, CREW, AND PASSENGERS AND ARE REQUIRED TO NOTIFY THE FAA AT THE NCRCC ONE HOUR PRIOR TO DEPARTURE AT 866-598-9522. 3. DCA APPROVED CARRIERS, OPERATING UNSCHEDULED OR CHARTER FLIGHTS INTO ADW OR DAA, IN SUPPORT OF U.S. GOVERNMENT OPERATIONS MAY OPERATE WITHOUT A WAIVER UNDER THE FOLLOWING CONDITIONS: A) ALL OPERATIONS MUST BE CONDUCTED IN ACCORDANCE WITH THEIR TSA AIRCRAFT OPERATORS STANDARD SECURITY PROGRAM (AOSSP), 1602100501-PERM END PART 7 OF 10 FDC 6/2060 ZDC PART 8 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, INCLUDING DEPARTING FROM A TSA OR EQUIVALENT SCREENED TERMINAL. B) NOTIFICATION TO THE TSA AT THE NCRCC VIA TELEPHONE AT 866-598-9520 IS REQUIRED AT LEAST ONE HOUR PRIOR TO DEPARTURE. 4. AN FAA/TSA WAIVER IS REQUIRED FOR ALL STATE, LOCAL GOVERNMENT AIRCRAFT, DOD CONTRACT OR NATIONAL GUARD CONTRACT (INCLUDING CONTRACT AIRCRAFT USING MILITARY CALL SIGNS), ON DEMAND PASSENGER OR CARGO OPERATIONS INCLUDING ALL PART 121, 125, 129, 135 FLIGHTS LANDING AND DEPARTING ADW OR DAA THAT ARE NOT OPERATED BY A DCA APPROVED CARRIER IN COMPLIANCE WITH A TSA APPROVED AOSSP. NOTIFICATION TO THE TSA NCRCC VIA TELEPHONE AT 866-598-9520 IS REQUIRED AT LEAST ONE HOUR BEFORE DEPARTURE. 5. 14 CFR SECTION 93.341 (C)(4) STATES THAT PRIOR PERMISSION MAY BE REQUIRED TO LAND OR DEPART ADW OR DAA. A PRIOR PERMISSION REQUIRED (PPR) APPROVAL DOES NOT AUTHORIZE ENTRY INTO THE DC FRZ OR SUPERSEDE THESE NOTAM REQUIREMENTS. 6. FOREIGN OPERATED MILITARY OR FOREIGN STATE AIRCRAFT OPERATIONS WITH A U.S. STATE DEPARTMENT DIPLOMATIC CLEARANCE AND A PPR MAY LAND AND DEPART ONLY AT ADW WITHIN THE DC FRZ. DAA IS NOT AUTHORIZED FOR FOREIGN DIPLOMATIC FLIGHTS. E. ADDITIONS TO REQUIREMENTS IN 14 CFR SECTION 93.343 - OPERATIONS TO OR FROM COLLEGE PARK AIRPORT (CGS), POTOMAC AIRFIELD (VKX), OR 1602100501-PERM END PART 8 OF 10 FDC 6/2060 ZDC PART 9 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, WASHINGTON

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EXECUTIVE/HYDE FIELD AIRPORT (W32): PILOTS OPERATING TO OR FROM CGS, VKX, OR W32. A DC SFRA FLIGHT PLAN WILL NOT FULFILL THE REQUIREMENTS OF A DC FRZ FLIGHT PLAN. F. IT IS STRONGLY RECOMMENDED THAT ALL PILOTS FLYING UNDER VFR WITHIN 100 NM OF THE DCA VOR/DME COMPLETE SPECIAL AWARENESS TRAINING FOR THE WASHINGTON DC METROPOLITAN AREA, THIS TRAINING IS MANDATORY FOR ALL PILOTS THAT FLY UNDER VFR WITHIN 60 NM OF THE DCA VOR/DME (14 CFR PARTS 61 AND 91). THIS TRAINING IS AVAILABLE IN THE AVIATION LEARNING CENTER AT WWW.FAASAFETY.GOV. SECTION III. RESOURCES: A. ANY PILOT QUESTIONS REGARDING DC SFRA OR FRZ PROCEDURES SHOULD BE DIRECTED TO THE FAA SYSTEM OPERATIONS SECURITY REPRESENTATIVE AT THE NATIONAL CAPITAL REGION COORDINATION CENTER (NCRCC) AT [email protected] OR (866) 598-9522. FOR WAIVERS AND REQUIREMENTS IN THIS NOTAM THAT REQUIRE NOTIFICATION TO THE TSA AT THE NCRCC, CALL (866) 598-9520. THE LATEST POTOMAC TRACON (PCT) LETTER TO AIRMEN CAN BE FOUND AT: WWW.FAA.GOV/ABOUT/OFFICE_ORG/HEADQUARTERS_OFFICES/ATO/TRACON/PCT/ INFORMATION ABOUT FAA/TSA AIRSPACE WAIVER APPLICATIONS AND TSA SECURITY AUTHORIZATIONS CAN BE FOUND AT 1602100501-PERM END PART 9 OF 10 FDC 6/2060 ZDC PART 10 OF 10 SECURITY...SPECIAL SECURITY INSTRUCTIONS, WWW.TSA.GOV/FOR-INDUSTRY/GENERAL-AVIATION. INDIVIDUALS MAY SUBMIT A REQUEST FOR A FAA WAIVER AT WAIVERS.FAA.GOV. AFTER NORMAL BUSINESS HOURS, FOR EMERGENCY OR SHORT NOTICE REQUESTS, CONTACT TSA AT THE NCRCC AT (866) 598-9520. B. FOR OPERATIONS IN THE DC FRZ, PILOTS WITH A WAIVER OR CONFIDENTIAL PILOT IDENTIFICATION CODE MUST CALL FLIGHT SERVICE AT (866)225-7410 TO FILE A DC FRZ FLIGHT PLAN. INFORMATION ON U.S. DIPLOMATIC CLEARANCE AND LANDING AUTHORIZATION PROCEDURES CAN BE FOUND AT USEG.ORG/USEG.HTML. 1602100501-PERM END PART 10 OF 10

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USCA Case #15-1495 Document #1628682 Filed: … · STATEMENT OF JURISDICTION ... final rule ......

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Transcript of USCA Case #15-1495 Document #1628682 Filed: … · STATEMENT OF JURISDICTION ... final rule ......