This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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REGISTER issue of each week.

Rules and Regulations Federal Register

5679

Vol. 69, No. 25

Friday, February 6, 2004

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Docket No. FV04–905–1 IFR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Relaxing 

Limits on the Volume of Small Red 

Seedless Grapefruit

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule relaxes weekly 

limits on small red seedless grapefruit 

entering the fresh market under the 

marketing order covering oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida (order). The Citrus 

Administrative Committee (Committee), 

which locally administers the order, 

recommended this action. This rule 

relaxes the weekly limitation set for 

shipments of small-sized red seedless 

grapefruit entering the fresh market 

from 40 percent to 50 percent during the 

last week of the 22-week regulatory 

period. This action provides an 

additional volume of small red seedless 

grapefruit to address current marketing 

conditions without saturating all 

markets with these small sizes. This rule 

should help stabilize the market and 

improve grower returns.

DATES: Effective February 9, 2004; 

comments received by February 10, 

2004, will be considered prior to 

issuance of a final rule.

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; fax: (202) 

720–8938, or e-mail: 

moab.docketclerk@usda.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Southeast 

Marketing Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 799 

Overlook Drive, Suite A, Winter Haven, 

Florida 33884–1671; telephone: (863) 

324–3375, Fax: (863) 325–8793; or 

George Kelhart, Technical Advisor, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW, STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone (202) 720–

2491, fax: (202) 720–8938, or e-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 84 and Marketing Order No. 905, 

both as amended (7 CFR part 905), 

regulating the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida, hereinafter referred to 

as the ‘‘order.’’ The marketing agreement 

and order are effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule relaxes limits on the volume 

of small red seedless grapefruit entering 

the fresh market. This rule allows for an 

additional volume of sizes 48 and 56 

fresh red seedless grapefruit to be 

shipped during the last week of the 22-

week percentage of size regulation 

period for the 2003–04 season. This rule 

supplies an additional volume of small 

red seedless grapefruit to address 

current marketing conditions without 

saturating all markets with these small 

sizes. This action should help stabilize 

the market and improve grower returns.

Section 905.52 of the order provides 

authority to limit shipments of any 

grade or size, or both, of any variety of 

Florida citrus. Such limitations may 

restrict the shipment of a portion of a 

specified grade or size of a variety. 

Under such a limitation, the quantity of 

such grade or size a handler may ship 

during a particular week is established 

as a percentage of the total shipments of 

such variety shipped by that handler 

during a prior period, established by the 

Committee and approved by USDA. 

Section 905.153 of the regulations 

provides procedures for limiting the 

volume of small red seedless grapefruit 

entering the fresh market. The 

procedures specify that the Committee 

may recommend that only a certain 

percentage of sizes 48 and 56 red 

seedless grapefruit be made available for 

shipment into fresh market channels for 

any week or weeks during the regulatory 

period. The regulation period is 22 

weeks long and begins the third Monday 

in September. Under such a limitation, 

the quantity of sizes 48 and 56 red 

seedless grapefruit that may be shipped 

by a handler during a regulated week is

5680 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 

calculated using the recommended 

percentage. By taking the recommended 

weekly percentage times the average 

weekly volume of red seedless 

grapefruit handled by such handler in 

the previous five seasons, handlers can 

calculate the total volume of sizes 48 

and 56 they may ship in a regulated 

week. 

This rule relaxes limits on the volume 

of sizes 48 (39⁄16 inches minimum 

diameter) and 56 (35⁄16 inches minimum 

diameter) red seedless grapefruit 

entering the fresh market by increasing 

the weekly percentage established for 

week 22 (February 9 through February 

15, 2004), from 40 percent to 50 percent. 

The Committee unanimously 

recommended this change during a 

January 22, 2004, telephone meeting. 

On July 1, 2003, the Committee 

recommended regulating all 22 weeks 

(September 15, 2003–February 15, 

2004). The Committee recommended 

that the weekly percentages be set at 45 

percent for the first 2 weeks, 35 percent 

for weeks 3 through 19, and 40 percent 

for the remaining 3 weeks. These 

percentages were established following 

informal rulemaking procedures, with 

an interim final rule published in the 

Federal Register on September 9, 2003 

(68 FR 53015), and a final rule 

published in the Federal Register on 

November 14, 2003 (68 FR 64494). 

The Committee believes that the over 

shipment of small-sized red seedless 

grapefruit has a detrimental effect on the 

market. While there is a market for 

small-sized red seedless grapefruit, the 

availability of large quantities 

oversupplies the fresh market with these 

sizes and negatively impacts the market 

for all sizes. These smaller sizes, 48 and 

56, normally return the lowest prices 

when compared to the other larger sizes. 

However, when there is too much 

volume of the smaller sizes available, 

the overabundance of small-sized fruit 

pulls the prices down for all sizes. 

In its discussion of the relaxation of 

the percentage for the last week when 

percentage size limitations apply, the 

Committee reviewed the percentages 

previously recommended and the 

current state of the crop. The Committee 

also considered some additional 

information that was not available 

during its earlier meeting. On January 

12, 2004, USDA released information 

regarding fruit size distribution 

developed from a December size survey. 

The size survey showed that more small 

sizes were available than anticipated. 

The release stated that the mean size 

indicated that only two other seasons 

during the past ten years have had 

smaller sizes. According to the survey, 

more than 50 percent of the remaining 

crop is size 48 and smaller. This 

compares to only 34 percent at this time 

last season. 

The Committee had not expected 

small sizes to represent such a large 

portion of the available crop by this 

time in the season. With small sizes 

representing a significant amount of this 

year’s crop, larger sizes are in shorter 

supply. Growers have spot picked their 

groves twice looking for larger sizes and 

to spot pick again would be cost 

prohibitive. Also, with the expectation 

that the fruit size will not improve, 

there will continue to be a shortage of 

large sizes. This means that there will be 

a sizable amount of small sizes available 

at the end of the regulated period. 

With a limited number of larger sizes 

available, there has also been market 

pressure to use small sizes to serve 

markets that traditionally take larger 

sizes. However, at the same time, 

markets that traditionally demand small 

sizes are also demanding fruit. There are 

indications that importers of small-sized 

fruit began purchasing fruit earlier than 

in past seasons. Export shipments for 

the week ending January 18 were nearly 

20 percent higher than for the same 

week last season. These factors have 

made supplies of available allotment of 

small-sized fruit tight. 

The Committee offices have been 

receiving calls from members of the 

industry asking that the weekly 

percentages be increased. The 

Committee staff has also been actively 

working with handlers on allotment 

loans and transfers to accommodate the 

needs of handlers desiring to ship more 

small-sized red seedless grapefruit. 

Requests for loans and transfers have 

been increasing from 3 requests during 

week 15, to 19 for week 17, to 24 

requests during week 18.

However, while the percentage of size 

regulation does provide allowances for 

over shipments, loans, and transfers of 

allotment during regulation weeks 1 

through 21, there are no allowances for 

loans or over shipment for week 22 

because it is the end of the regulation 

period. The Committee agreed that some 

increase in the percentage was 

necessary for the last week of regulation 

to recognize that some handlers would 

be having to reduce their allotment to 

cover any over shipments from the 

previous week and that no additional 

over shipments would be permitted. 

There is also concern in the industry 

that if there is not some relaxation in the 

percentage, a large volume of smallsized fruit may be pushed into the 

market following the end of the 

regulation period. This would 

negatively impact prices and undermine 

the success of the regulation to this 

point. During the 2001–02 season, small 

sizes also represented a significant 

percentage of the crop at the end of the 

regulation period. The Committee had 

recommended a relaxation in the 

percentages for the last few weeks of the 

season, but, due to rulemaking time 

frames, the percentage changes were not 

implemented. Following the end of the 

regulation period, sizable quantities of 

small sizes were dumped onto the 

market. This contributed to a 35 cent 

per carton reduction in the f.o.b. price. 

The Committee believes that relaxing 

the percentage for the last week of 

regulation may help relieve some of the 

volume of small sizes and provide for a 

smoother transition to the end of the 

regulation period. 

The Committee discussed several 

alternatives ranging from maintaining 

the percentages at their current rate, 

increasing week 21 to 45 percent and 

week 22 to 50 percent, and just 

increasing the percentage rate for week 

22. The Committee agreed it would be 

difficult to get a change to week 21 in 

place prior to that regulation week, and 

recommended increasing the percentage 

for week 22 from 40 percent to 50 

percent. Such a change represents an 

additional industry allotment of 72,174 

cartons for the last week of regulation. 

The Committee believes this will 

provide the industry with some 

additional flexibility and help with the 

transition from the end of the 22-week 

regulation period to the unrestricted 

shipment of small sizes. 

Members agreed that one of the most 

important goals of percentage of size 

regulation was to create some discipline 

in the way fruit was packed and 

marketed. However, considering the size 

survey results, and the other 

information discussed, the Committee 

decided that increasing the weekly 

percentage for week February 9 through 

February 15 will address the goals of 

this regulation, while providing 

handlers with some additional 

marketing flexibility. 

Section 8e of the Act requires that 

whenever grade, size, quality, or 

maturity requirements are in effect for 

certain commodities under a domestic 

marketing order, including grapefruit, 

imports of that commodity must meet 

the same or comparable requirements. 

This rule does not change the minimum 

grade and size requirements under the 

order, only the percentages of sizes 48 

and 56 red seedless grapefruit that may 

be handled. Therefore, no change is 

necessary in the grapefruit import 

regulations as a result of this action.

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 5681

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 75 grapefruit 

handlers subject to regulation under the 

order and approximately 11,000 growers 

of citrus in the regulated area. Small 

agricultural service firms, including 

handlers, are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$5,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000 

(13 CFR 121.201). 

Based on industry and Committee 

data, the average annual f.o.b. price for 

fresh Florida red seedless grapefruit 

during the 2002–03 season was 

approximately $7.24 per 4⁄5-bushel 

carton, and total fresh shipments for the 

2002–03 season are estimated at 22.9 

million cartons of red grapefruit. 

Approximately 25 percent of all 

handlers handled 75 percent of Florida’s 

grapefruit shipments. Using the average 

f.o.b. price, at least 75 percent of the 

grapefruit handlers could be considered 

small businesses under SBA’s 

definition. Therefore, the majority of 

Florida grapefruit handlers may be 

classified as small entities. The majority 

of Florida grapefruit producers may also 

be classified as small entities.

On July 1, 2003, the Committee 

recommended limiting the volume of 

sizes 48 and 56 red seedless grapefruit 

shipped during the first 22 weeks of the 

2003–04 season by setting weekly 

percentages for each of the 22 weeks, 

beginning September 15, 2003. Weekly 

percentages were established at 45 

percent for weeks 1 and 2, 35 percent 

for week 3 through week 19, and at 40 

percent for weeks 20, 21, and 22. The 

quantity of sizes 48 and 56 red seedless 

grapefruit that may be shipped by a 

handler during a particular week is 

calculated using the percentages set. 

This rule relaxes the weekly limitation 

set for shipments of small-sized red 

seedless grapefruit entering the fresh 

market from 40 percent to 50 percent 

during the last week of the 22-week 

regulatory period. This action provides 

an additional volume of small red 

seedless grapefruit to address current 

marketing conditions without saturating 

all markets with these small sizes. This 

rule should help stabilize the market 

and improve grower returns. This rule 

uses the provisions of § 905.153. 

Authority for this action is provided in 

§ 905.52 of the order. The Committee 

unanimously recommended this action 

during a telephone meeting on January 

22, 2004. 

This rule will increase the weekly 

percentage set for the last week of 

regulation. The Committee made this 

recommendation to address the issue 

that the majority of the remaining crop 

is made up of small sizes. By increasing 

the percentage, more small sizes are 

available for shipment. This should help 

handlers meet their market needs and 

provide for some additional flexibility 

without putting too many small sizes on 

the market. This should benefit both 

handler and producer returns. 

The purpose of percentage of size 

regulation is to help stabilize the market 

and improve grower returns. This 

change provides a supply of small-sized 

red seedless grapefruit sufficient to meet 

market demand, without saturating all 

markets with these small sizes. This 

action is not expected to decrease the 

overall consumption of red seedless 

grapefruit. It is expected to benefit all 

red seedless grapefruit growers and 

handlers regardless of their size of 

operation. 

The Committee considered several 

alternatives when discussing this action, 

including maintaining the percentages 

at their current rate, increasing week 21 

to 45 percent and week 22 to 50 percent, 

and just increasing the percentage rate 

for week 22. The Committee agreed it 

would be difficult to get a change to 

week 21 in place prior to that regulation 

week, and recommended increasing the 

percentage for week 22 from 40 percent 

to 50 percent to provide the industry 

with some additional flexibility and 

provide a smooth transition to the 

period without percentage size 

limitations. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements contained in this rule have 

been previously approved by the Office 

of Management and Budget (OMB) and 

assigned OMB No. 0581–0189. As with 

all Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sectors. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. However, red 

seedless grapefruit must meet the 

requirements as specified in the U.S. 

Standards for Grades of Florida 

Grapefruit (7 CFR 51.760 through 

51.784) issued under the Agricultural 

Marketing Act of 1946 (7 U.S.C. 1621 

through 1627). 

In addition, while the meeting on 

January 22, 2004, was a telephone 

meeting, interested persons outside the 

Committee had an opportunity to 

provide input in the decision. The 

Committee manager provided a notice to 

the industry and anyone had the 

opportunity to participate in the call. 

Like all Committee meetings, the 

January 22, 2004, meeting provided both 

large and small entities the opportunity 

to express views on this issue. Also, the 

weekly percentage size regulation has 

been an ongoing issue that has been 

discussed at numerous public meetings 

so that interested parties have had the 

opportunity to express their views on 

this issue. Interested persons are invited 

to submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on 

relaxing limits on the volume of small 

red seedless grapefruit entering the fresh 

market during the last week of the 22-

week percentage of size regulation for 

the 2003–04 season. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim final rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act.

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register

because this rule needs to be in place 

when the regulatory week begins 

February 9, 2004, so handlers can meet

5682 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 

the market needs of their customers. 

The industry has been discussing this 

issue for the last two weeks, and the 

Committee has kept the industry well 

informed.

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangelos, Tangerines.

For the reasons set forth in the 

preamble, 7 CFR part 905 is amended as 

follows:

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA 

1. The authority citation for 7 CFR 

Part 905 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 905.350 [Amended] 

2. In § 905.350, the weekly percentage 

for ‘‘(v) 2/9/04 through 2/15/04’’ is 

changed from ‘‘40’’ to ‘‘50’’.

Dated: February 3, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–2653 Filed 2–4–04; 11:02 am] 

BILLING CODE 3410–02–P

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. 

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, nonstandard 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