Small Business Regulatory Review and Reform Initiative
Regulatory Review and Reform (r3) Top 10 Rules, 2008
| Update Flight Rules for the
Washington, DC, Metropolitan Area |
| Agency |
Federal Aviation Administration (FAA), U.S. Department of Transportation |
| Submitter |
David Wartofsky, Potomac Airfield |
| Description |
Following the events of
September 11, 2001, the FAA issued an emergency rule establishing an air
defense identification zone (ADIZ) for the region surrounding
Washington, DC. The emergency rule imposed a 15-mile flight restricted
zone (FRZ) and a 30-mile ADIZ emanating from Reagan National Airport. In
2005, the FAA proposed to make the emergency rule permanent (70 Fed.
Reg. 45,250, August 4, 2005). The rule, if finalized, would impose
flight operation requirements on aircraft operations within that area,
including requirements that aircraft operators (1) file and activate a
flight plan before entering (or re-entering) the restricted area; (2)
maintain two-way radio communication with air traffic control; and (3)
obtain and display a discrete transponder code while operating within
the area. The FAA has concluded that while these restrictions are likely
to cause considerable burdens to both air traffic control and the
aviation sector within the affected area, they are needed for security
reasons. |
| Small entities affected |
Three small airports in the FRZ and a number of other airports in the
ADIZ are significantly affected by these restrictions. Further, the
restrictions have caused a significant economic impact on the region as
a whole. |
| Regulatory burden |
The FRZ and ADIZ have
significantly restricted aviation within the Washington, DC, region,
including limiting flights to and from the three small airports in the
FRZ. It is likely that all three of these airports (and any aviation
companies operating at the airports) will go out of business if the
rules are finalized. The rule also affects some 150 other airports and
numerous businesses operating in the ADIZ. |
| Proposed burden reduction |
A review of the flight
restriction rule could identify provisions that are unnecessary,
inefficient, or outdated for affected small entities. The submitter has
suggested a variety of alternatives, including an expandable FRZ that
could be extended in a time of heightened security. By conducting a
coordinated review of the rule, the FAA, the Department of Homeland
Security, the Department of Defense, and the Secret Service would be
able to determine whether the rule could be improved, while continuing
to provide adequate security. A full analysis of both the security
benefits and the economic impacts should be completed prior to
finalizing any rule. |
| Small entity benefits |
Review and potential revision of the flight restriction rule could help
small entities have a more predictable use of aviation space and could
enhance economic activity within the Washington, DC region. |
| Advocacy contact |
Bruce Lundegren, advocacy@sba.gov |
< Back to
Top 10 Rules, 2008
