[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Rules and Regulations]
[Pages 5682-5683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2450]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 77

[Docket No. FAA-2003-14972; Special Federal Aviation Regulation No. 98]
RIN 2120-AH83


Construction or Alteration in the Vicinity of the Private 
Residence of the President of the United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Disposition of comments on interim final rule.

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SUMMARY: On April 22, 2003, the FAA adopted requirements concerning 
proposed construction or alteration of structures in the vicinity of 
the private residence of the President of the United States in 
Crawford, Texas. The rule requires that notice be filed with the FAA 
for the proposed construction or alteration of any object that exceeds 
50 feet above ground level (AGL) and is within the existing lateral 
confines of the prohibited airspace over the private residence of the 
President of the United States (P-49). The rule was adopted for 
purposes of national defense and will assist in protecting the 
President of the United States. The rule does not apply to prior 
construction or alteration of objects and the rule will terminate at 
the end of the President's term in office. This action is a summary and 
disposition of comments received on the interim final rule.

FOR FURTHER INFORMATION CONTACT: Sheri Edgett-Baron, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Background

    On March 26, 2001, the FAA published a final rule in the Federal 
Register establishing prohibited airspace (P-49) over the private 
residence of the President in Crawford, Texas (66 FR 16391). [The FAA 
subsequently modified P-49 by relocating the center of the prohibited 
area approximately one-half mile east, southeast (68 FR 7917; February 
19, 2003.)] The airspace designation is necessary to enhance security 
in the immediate vicinity of the presidential residence and assist the 
SSPPD in accomplishing its mission of providing security for the 
President of the United States. While that rule prohibits unauthorized 
aircraft from flying within the designated airspace, it does not 
address certain flight safety and national security issues concerning 
the transport of the President.
    The President's private residence in Crawford, Texas has several 
landing areas for Presidential aircraft. Each landing area must be 
accessible by flying several different approaches, depending on the 
weather, threat conditions, aircraft being used, and departure 
location. Also, the special operating procedures used by the United 
States Marine Corps (USMC) and the Secret Service Presidential 
Protective Division (SSPPD), including the use of multiple aircraft, 
non-standard flight techniques and other special security provisions, 
require the airspace surrounding the landing areas to be clear of 
obstructions that could affect these operating procedures and the 
safety of the President. Obstructions above 50 feet AGL in certain 
locations within the designated area could inhibit the flexibility of 
these special operating procedures and could compromise the safe 
transportation and the security of the President, particularly in 
emergency situations.

Discussion of Comments

    The FAA received three comments on the Construction or Alteration 
in the Vicinity of the Private Residence of the President of the United 
States interim final rule (Special Federal Aviation Regulation (SFAR) 
No. 98).
    All of the commenters opposed the regulation. The commenters were 
concerned that the regulation would only be in effect for the term of 
the current President and that the regulation might have a detrimental 
effect on the local business community. In addition, one commenter 
questioned whether the FAA would pass a rule like this one for every 
future President. If not, the commenter questioned why the FAA was 
enacting this rule for one man.
    The FAA appreciates the commenters concerns. It is significant that 
the rule does not explicitly prohibit all proposed construction within 
the affected area. Certain new construction or alteration to existing 
structures that would exceed 50 feet AGL may in fact be compatible with 
the safe and secure transport of the President. Under the adopted 
process, the proponent of the construction/alteration must submit 
detailed information regarding the proposed construction/alteration. If 
the FAA, in consultation with the USMC and the SSPPD, determines that 
it would not adversely affect safety and not result in a hazard to air 
navigation, the FAA

[[Page 5683]]

would issue a Determination of No Hazard.
    As noted by commenters, the interim final rule that the FAA 
published on April 22, 2003 (68 FR 19730) will be in effect only for 
the duration of President George W. Bush's term of office. The FAA 
recognizes that all Presidents' private residences raise safety and 
national security concerns. However, the protections necessary to 
ensure the safe ingress and egress of the President may vary 
substantially depending on the nature and location of each President's 
residence. As we stated in SFAR No. 98, we anticipate that similar 
rules, tailored to the security concerns of the Presidential residence, 
may be needed at other locations to protect the transportation of 
future Presidents.

Conclusion

    After consideration of the comments submitted in response to the 
interim final rule, the FAA has determined that no further rulemaking 
action is necessary. SFAR No. 98 remains in effect as adopted.

    Issued in Washington, DC, on January 29, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-2450 Filed 2-5-04; 8:45 am]
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