M E M B E R'SV lEW SNovember 2 deadline for public commentPROPOSED EXPANDEDWASHINGTON, D.C.FLIGHT RESTRICTIONSBY MIKE TRUFFER, DELAND, FLORIDAiting a need to protect our nation'scapital from "the ongoing threatof terrorist attacks," the FAAwants to make permanent the post-9111flight restrictions it imposed severalyears ago on the greater Washington.D.C. area,In early August, the agency issuedthe otice of Proposed Rulemaking(NPRM) 2003-17005, a 14-page documentexplaining exactly what it wants todo. The FAA says the proposal has thebacking of the Department ofHomeland Security, the military aodother government agencies.In short, the Air DefenseIdentification Zone (ADlZ) and FlightRestricted Zone (FRZ) that the FAAcreated over the capital soon after 9111would get a new name-theWashington DC Metropolitan AreaSpecial Flight Rules Area (DC SFRA).The area would also become a new typeof airspace: National Defense Airspace,The area is big, as the illustrationshows, spanning nearly 2,000 squaremiles. Approximately 150 airports liewith in it, AOPA says. It extends fromthe surface to 18,000 feet MSL.The NPRM says the permanentrestrictions are necessary because "theDHS believes tbat the threat of extremistslaunching an attack using an aircraftremains high." It cites informationgained from several interrogations andsearches.The list of NPRM's special operatingprocedures is too long and detailed tolist here. But basically, an aircraft mustfile a flight plan with an FSS beforeentering National Defense Airspace(either from outside it or from an airportlocated in it), squawk an assignedtransponder code, maintain two-wayradio communication with ATC andcomply with all ATC instructions.ous ATC control. An inop Mode Ctraosponder can be literally a matter oflife or death (ask the governor ofKentucky). No pop-up clearaoces, either.While most pilots try their best tocomply with ATC instructions aod theFARs, they make mistakes, as do controllersaod military pilots. In many partsof the country, a mistake that has no consequencesoften has no repercussions. Noone hurt, lesson learned, let's move on.But as hundreds of pi lots havelearned so far, there is no slack whenflying near Washington, D.C. For example,some pilots have faced certificateaction for inadvertently mistuning theirtransponders or accidentally pushing atraosponder button that changes lhemfrom a discrete code to 1200.The proposed regulations say that ifa pilot does not comply with therequirements to the letter, the governmentmay use "deadly force" againsthim, or it may penalize with criminalcharges, certificate action and civilpenalties. One FAA manager explainedthat pilots who violate the regulationscould have their aircraft seized.As this is being written, there havebeen more thao 3,500 recorded violationsof ADIZ procedures. Maoy of these werePage 9251The downsideThese requirements may not soundtoo bad to those <strong>Bonanza</strong> and Baronpilots who routinely fly !FR, or VFRpilots wbo routinely file VFR flightplans and take advantage of flight following.But the devil is in the details.Operations within the WDC ADlZand FRZ have been-and the NationalDefense Airspace will be-
ief intrusions or other nonthreateningevents. But in nearly 700 instances, aircraftwere scrambled or vectored toinvestigate the offending aircraft.Pilots' perspectiveMany avialOrs reacted 10 theNPRM with dismay. They were hopingthat the ADIZ and FRZ would eventuallybe removed and the airspace wouldreturn to its pre-9111 configuration-amix of Class B, C, D. E and G airspace.As general-aviation advocates arequick to point out, the aircraft involvedin 9111 were scheduled airliners. A3,OOO-lb. aircraft flying at 150 kts simplydoes not have Significant destructivepower compared to an airliner or manyground-based vehicles. In other words,they doubt the FAA's contention thatsmall aircraft are the weapons of choicefor terrorists.Some critics contend the NPRM isactually a victory for terrorism. If theregulations are implemented, the freedomto routinely travel by air over alarge and important area of the U.S. willbe significantly constrained. law-abidingpilots will fly in it, knowing theymay get shot down if they get lost orhave an in-flight emergency.Some pilots worry that the creationof National Defense Airspace aroundWashington, D.C. , will lead to theimposition of similar restrictions overother large cities or national assets.Others say the NPRM is a tacit admissionby the administration that its currentsecurity measures-tightenedimmigration policies, greater internalintelligence and heightened publicawareness-are not workjng very well.The FAA's argument for permanentrestrictions doesn't convince some peoplebecause they are skeptical of theunderlying intelligence assessments.The 2003 invasion of Iraq was justifiedon reports that the country was developingweapons of mass destruction thatwere a threat to the U.S. and its interests.But a thorough post-invasionsearch of the country did not uncoverany evidence that such weapons existed.Looking for a silver lining, otherssay the NPRM 2003-17005 representsan opportunity, and here's their logic:Un like other restrictions and specialrules imposed on aviation as a result of9/11, this one was issued as a proposal;the public has until November 2 to submitcomments. This means the complexNPRM could be modified or ",'ell withdrawnbeJore the proposed regulationsgo into effect.Opportunity for actionAs I see it, this is an opportunity foraviators of all types to tell those whogovern us that we're convinced thisNPRM is an unacceptable exchange offreedom for security.This NPRM can be defeated,delayed or modified if enough citizenslet their government know how theyfeel about it. While we know advocacyorganizations like ABS and AOPA willobject to these regulations, so do theFAA and Congress. In other words, ourgovernment expects to receive sharpcriticism from the "alphabet group" ofassociations.That's why pilots must submit writtencomments on the NPRM. It's imperativethat our government realizes thatopposition to this permanent airspace iswidespread, and that hundreds of thousandsof citizens feel so strongly aboutit that they're willing to formally objectto it.While you certainly may write yourletter immediately, I encourage you 10first read the NPRM . Look it up on and then submit your commentsas shown at this website. As thePRM itself explains, you may do soelectronically, by postal mail, by fax orin person. Comments must be receivedby November 2.I'm convinced that the most effectivecomments are ones that are sincereand not sarcastic, and are forceful butnot threatening.I limited mine to just a few paragraphssaying that any additional securitythe National Defense Airspace mayprovide isn't worth the cost of therestrictions it would impose every dayon the <strong>American</strong> people. So I asked theFAA to withdraw the NPRM.You probably Object 10 the NPRMfor other reasons. And. frankly, there area lot of reasons to dislike it. Again, youshould read the NRPM itself and someof the comments that have already beensubmitted. Yes, all comments are beingposted as they're submitted, for publicscrutiny.But it is really important that youparticipate in the rulemaking process bysubmitting your comments-long,short, whatever.I think we owe it to future generationsof aviators-and to our country as awhole-to vigorously contest theNPRM. General aviation is an importantpart of <strong>American</strong> heritage, its economy,its future and its citizens' way of life. It'sworth preserving and protecting.Widespread opposition to thisNPRM--even if unsuccessful-willsend a message to the bureaucrats(FAA, DHS, TSA, etc.) and to our electedleaders in both Congress and theWhite House that the public is convincedour government is going too far.At some point, <strong>American</strong>s and theirleaders must stand up and say we arenot afraid, and we are not willing to beincreasingly encumbered by more governmentrestrictions and interference inreaction 10 unspecific terrorist threats.Ours is a democracy, and there aremany ways to participate besides voting.We have an opportunity to directlyinfluence the creation and adoption of asignificant new regulation, one thatcould hamper flight operations in a veryimportant part of our country.Let's all make our voices heard,one at a time. by letter. fax or email.Send your comments to the FAA-andplease do so by November 2.Mike Truffer owns an H35 <strong>Bonanza</strong> and lives inFlorida where he publishes Skydiving Magazine.ABS <strong>October</strong> <strong>2005</strong>www.bonanza.orgPage 9252