Docket Management Facility 

U.S. Department of Transportation. 1200 

New Jersey Avenue. SE.. Washington, DC 20590-0001. 

March 16,2011 

I ,- i 1" ^ !.••'.! \\ J ' [ 

OST-2011-0025 "Executive Order 13563 requires agencies to review existing significant rules to determine if 

they are outmoded, ineffective, insufficient, or excessively burdensome" 

ACKNOWLEDGE EXISTING AIR DEFENSES IN THE NATIONAL CAPITAL REGION 

TO STAND DOWN MORE COSTLY AND LESS EFFECTIVE AIRSPACE SECURITY 

POLICY DECISION? 

I am David Wartofsky, owner operator of the Potomac Airfield, located deep in the Flight Restricted Zone (FRZ), 

the close-in national security airspace surrounding the nation's capital. For better or worse 1 have also unavoidably 

been the "tip of the spear' in national security airspace policy ever since 9-11. 

In the immediate aftermath of 9-11, the airspace surrounding Washington DC was closed under emergency 

authorities and procedures. The economic and operational impacts to both the private and public sectors were then, 

and remain today, immense. One economic impact study funded by the National Business Aircraft Association 

(NBAA) found economic impacts in excess of $1 billion, when only considering the businesses relying on air traffic 

at Washington National alone. 

To protect freedom and the economy (and frankly in anticipation of war), and as a matter of personal conscience, 1 

assumed a key and central role, in coordination with the Executive Office and numerous national security and 

defense agencies, to establish special procedures to establish positive identification of all airborne operators in the 

vicinity of Washington DC. These special procedures were, and remain to this day, cold-war Mndentify Friend or 

Foe' procedures which allow national security and defense agencies means to sort known airborne 'Friends" from 

potential airborne 'Foes." By positively identifying known and trusted pilots, by special procedure, any un-known 

operator stands out. 

To say these became overly complex and burdensome would be an understatement: 'A road paved with good 

intentions'... 

Today, now ten years later, perhaps fmally it is time to re-evaluate the necessity of these burdensome measures, to 

reduce public and private sector impacts across the board. 

Thank You, 

David Wartofsky, Potomac Airfield 

Bill Daley, Chief of Staff 

The White House 

1600 Penn Ave SW 

Washington, DC 20500 

Randy Babbitt, Admin 

Federal Aviation Admin 

800 Independence Ave SW 

Washington, DC 20591 

Ray LaHood, Sec 

Depr of Transportation 

1200NJ Ave, SE 

Washington. DC 20590 

Janet Napolitano, Sec 

Dept of Homeland Security 

Washington. DC 20528 

John Pistole, Dir 

DHS/TSA 

601 12th Street South St 

Arlington, VA 22202 

Neil R. Eisner. Asst 

Gen Counsel DoT 

I200NJ Ave. SE., 

Washington, DC 20590 
At the heart of the inter-agency (SAP) program(s) were a few simple objectives; 

1. Kstablish effective and sustainable strategic air defense against possible air-attack, of 

the most highly valued targets in the national Capital Region (NCR), and 

2. Wherever possible, mitigate public and private sector economic and operational 

impacts across the board. 

In brief and genera] terms, pilots needing access to the NCR airspace voluntarily undergo an interagency security clearance; coordinated under TSA. Once cleared, approved pilots are given 

special close-hold procedures by which their individual airborne radar targets can be readily 

identified as 'known Friend' by national security and defense agencies in the area, providing 24/7 

surveillance of all airborne movements. Those same agencies escalate their response should any 

airborne operator enter the area of concern who LACKS the required special credentials. 

In military terms these are 'safe passage' procedures, by which Trusted Agents may pass in the 

vicinity (or directly over) otherwise active defenses. 

While the whole program is working reasonably smoothly today, a much simpler and less 

cumbersome solution exists and is already in hand; it only need be acknowledged (although not 

specified): Surface-to-air defense capabilities positioned in and around the city; whose 

acknowledged presence would make all less effective and more cumbersome measures redundant. 

I can neither confirm or deny (but am most willing to speculate!) that even to this day, the national 

security and defense agencies remain reluctant to stand down, or replace any security measures, 

without policy direction from above; even measures that don't work, or repeatedly cause 

unnecessary fear and alarm. Perhaps as a result, the only effective strategic air defense remains 

unacknowledged, hidden, and therefore neither strategic nor effective. 

How many times have the White House and the Capitol been evacuated, matiy times with full 

media coverage, for nothing? Repeatedly in the national news, harmless citizen pilots performing 

otherwise minor harmless procedural errors, have repeatedly triggered national security alarms. 

While the tendency is for the agencies to blame these few errant pilots, in fact it is the agencies' 

disproportionate response that should be called into question. 

A policy decision from a higher office acktiowledging what are really the only and most effective 

and sustainable defenses (without specifying them, or their capabilities or limitations), matched 

with mild, unobtrusive, standard communication requirements for pilots in the area (for public 

safety and in the event of an emergency), would allow all other security measures to be held in 

reserve. 

This is an opportunity to greatly reduce public sector costs, as well as private-sector economic 

impacts in the NCR, of highest priority under the current circumstances. 

I attach what I think are all of the related regulations that could be stood down, hut there may be 

more. 

David Wartofsky, Potomac Airfield 
FAA & DHS & TSA REGULATIONS 

REQUIRED FOR COMPLIANCE 

TO FLY MY WIFE AND KIDS TO HATTERAS NC IN MY SMALL CESSNA 

DOT 

Sec. 93.339— Requirements for operating in the OC SFRA. ineludiiig the DC FRZ. 

(a) ivxccpi as provided in pai'agiaphs (h) and (c) ofilii s scctitm un6 in >;^.'>..14.^, or unless aiiihori/cd b\ Aii' rrai'llt; 

C.'ontiol, 110 pilot nia\ operalc an aircraft, inckiding an iiKraliulU vehicle or any civil aircrali ov public aircrati. in the 

DC SIRA. including ilic I3C !R/ . unless— 

(1) liic aircrati is equipped \vlth an opeiahle i\\o-\va_v ladio eap;Hblc oi'coniniunicaling uil h Air I raTHc Control on 

appropriate radio Irequencies; 

(2) Before oper<ititig an aircraft in the DC SFRA. including tlie DC T RZ. the pilot c.siabJishes lv\o-\\a\ laJio 

communications with the appropriate Air Traffic Ccmlrol faciJitv and mainlaiii.s such communications while operating 

the aircraft in the DC SPRA. including the DC FRZ: 

(3) The aircraft is equipped with an operating auloinatic altitnde repoiling transponder; 

(•4) Before operating an aircraf"t in the DC SFRA. including the DC FRZ. the pilot obtains and transmits a discrete 

transponder code from Air Traffic Control, and the aircraft's fiansponder continues to Iransmii Ihe assigned code while 

operating \Mlhin the DC SFRA; 

(5) For VTR operations, the pilot must t"ile and activate a DC FRZ or DC SFRA flight plan b> obtaining a discrete 

transponder code. The flight plan is closed upon landing at an airpoit within tiie DC SFRA or when the aircraft e\iis 

the DC SFRA; 

(6) Before opefating the aircraft into, out o f or through the Washington. DC fri-Area Class B Airspace .Area, the pilot 

receives a specific Air Traffic C'ontrol clearance to operate in the Class B airspace area; and 

(7) Before operating the aircraft into. CMII of, or through Class D airsp^ice area that is within the DC SFRA. the pilot 

complies with !;91.129 of this chapter. 

(b) Paragra]">h (a)(?) of this section does not appiv to operators of ! )eparlnient of Defense aircraft, law enf()[-ceiueru 

operations, or lifeguard or air ambulance operations under an FAA TSA airspace authorization, if the flight crew is in 

contact with Air Traffic Control and is transmitting an Air irafflc Conii"ol-assigned discrete transponder code, 

(c) When operating an aircraft in the VI K trafTic paHern at an airport within the IX SI RA (but not within the DC 

FR/) that does nut have an airport iratTic control lower, a pilot musl-

(1) File a DC SFRA llighl plan \W traffic pattern work; 

(2) Communicate trafllc pattern position via the published Common Frafllc Advisory Frequency (C FAF); 

(.1) Monitor VI-fF frequency I2l..'i or UIIF frequcncN 2-4 .VO. if (he aircraft is suitabl) equipped: 

(-4) Obtain and transmit the Air Traffic Control-assigned discrete transponder code; and 

(5) When exiling the VFR traffic pattern, comply with paragraphs (a)( 1) through (aX^) of this section. 

(d) When operating an aircraft in the VFR traffic pattern at an airport within the DC SFR.A (but not within the DC 

FRZ) that has an operating airpon traffic control tower, a pilot musl--

(1) Before departure or before entering the traffic paliern. request to remain in the traffic pattern; 

(2) Remain in t^so-way radio communications with the tower. If the aircraft is suitably equipped, the pilot must also 

moniior VIIF frequency 121.5 or UIIF frequency 243.0: 

(3) Contiiuiouslv operate the aircraft transponder on code 123-4 unless Air Traffic Control assigns a ditlerenl code: and 

(A) Before exiting the traffic pattern, comply with paragraphs {a)( I) through (a)(7) of this section. 

(e) Pilots must transinil the assigned transponder code. No pilot may use transponder code 1200 while in the DC! 

SFRA. 

Sec. 93.341 — Aircraf l operations in the DC FRZ. 

(a) Fxcept as provided in paragraph (b) of this section, no pilot may conduct any fiight operation under pail 91 , 101. 

10,", 105. 12."^. 1-33. 1 3.^. or 137 of this chapter in the DC FR/ , unless the specific fiight is opeiaiing under an 

FAA ISA authorization. 

(h) f^epariment o f Defense (l^OD") operations, law enforcement operations, and lifeguard or air ambulance operations 

under an FA.A-'ISA airspace authorization are escepicd from the prohibition in paragraph (a) of this section if the pilot 

is in contact with Air Frafllc Control and operates the aircraft transponder on an Air 'frafTic Control-assigned beacon 

code. 

(c) Ihe following aircraft operations are permitted in the DC FR/ : 

( I) Aircraft operations under the DC A Access Standard Security Program (DASSP) (49 CFR part l.'^62) with a 

'franspoiiation Security Administration ('! SA) flight authorization. 
(2) l,a\\ enf'orcement and other FLS. i'ederal aircrafl operations with pi ior FAA appi'oval. 

(3) Foreign-operaled mililar>' and state aircraft operations with a State Departmenl-aulhori/ed diplomatic clearance, 

with Slate Department notification to the FA.A and ISA. 

(4) Federal. State. Federal DOD contract, local government agency aircraft operations and part 121. 129 or 135 air 

catrier' fiighis with TSA-approved full aircraft operator standaid security programs'piocedures. if operating with DOD 

permission and notification to the FAA and the National Capital Regional Coordination Center (NCRCC). These 

nights may land and depart Andrews Air Force Base. MD, with prior permission, if required. 

(5) Aircrafl operations maintaining radio contact with Air Traffic Control and continuously (ransmilting an Air Trafllc 

Control-assigned discrete transponder code. The pilot must monitor VflF fiequency I2I.5 or IJHF frequencv 243.0. 

(d) Before departing from an airport within the DC FRZ. or before entering the DC FRZ. all aircraft, except DOD. law 

eift'orcement. and lifeguard or air ambulance aircraft operating undei nri F.A.A TS.A airspace authorization must file and 

activate an IFR or a DC FRZ or a DC SFR.A fiight plan and transmit a discrete transponder code assigned by an Air 

Traffic Control facility. Aircraft must transmit the discrete transponder code at all times while in the DC FRZ or DC 

SFRA 

Sec. 93.343 — Requirements for aircrafl oper:itions to or from College Park Airport, Potumiic AirFielcl, or 

VVnshington Executive/Hyde Field Airport. 

(a) A pilot may not operate an aircraft to or from College Park Airpoit. MD, Potomac Airfield, MD. or Washington 

KxecuiiveHyde Field .Airport. MD unless— 

(1) I he aircraft and its crew and passengers comply with security rules issued b\ the fSA in 49 CFR part 1562. 

subpart A; 

(2) Before departing, the pilot files an IFR or DC FR/ or DC SFRA fiight plan with the Washington Hub Flight 

Service Station (FSS) for each departure and airival from'to College Park, Potomac Airfield, and Washington 

l:xecutive Hyde Field airports, whether or not the aircraft makes an intennediale slop; 

(3) When filing a fiight plan with the Washington Hub FSS. the pilot identifies himself or herself b> providing the 

assigiu'd pilot identification code. I he Washington Hub FSS will accept the flight plan only after verifying the code; 

and 

{4} The' pilot complies with the applicable IFR or VFR egress procedures in paragraph (b). ic) or<d) of this section. 

(b) If using IFR procedures, a pilot must 

(1) Obtain an Air Traffic Control clearance from the Potomac TRACON; and 

(2) Comply with Air Trafllc Control departuie instructions from Washington E.xecutive'Hydc Field. Potomac Airport, 

or College Park Airport. The pilot must then proceed on the Air Traffic Conlroi-assigned course and remain clear of 

Ihe DC FRZ. 

(c) If using VFR egress procedures, a pilot must -

{I) Depart as instructed by Air Traffic Control and expect a heading directly out of Ihe DC FRZ until the pilot 

establishes two-way radio communication vviih Potomac Approach; and 

(2) Operate as assigned by Air Traffic Control until clear of the DC FR/, Ihe DC SFRA. and the Class B or Class D 

airspace area. 

(d) If using VFR ingress procedures, the aircraft must i-emain outside the DC SFRA until the pilot establishes 

communications with Air Traffic Control and receives authorization for the aircraft to enter the DC SFRA. 

(e) VFR arrivals: 

(1) If landing at College Park Airpoit a pilot niav receive routing via ihe \icinit\' of Freeway .Airport; or 

(2) If landing at Washington BxecutiveTlyde Field or Potomac Airport, the pilot may receive routing via the vicinity 

ot Maryland Airport or the Nottingham VOR f.AC. 

Sec. 93.345 — VFR outbound procedures for fringe airports. 

(a) A pilot ma> depart from a fringe aiipori as defined in §93.335 withi>ut filing a tlighi plan or communicaling with 

Air 1 ratfic t\>ntrol. unless requested, provided: 

(I) The aircraft'.s transponder transmits code 1205; 

(2| The pilot exits the DC SFRA by the most direct route before proceeding on course; and 

(3) The pilot monitors VHF freqiienc; 121.5 or FIIIF frequency 243.0. 

(h) No pilot ma\ operate an aircraft arriving at a fringe aiipon or transit the DC SFRA unless that pilot ciimplies with 

the DC SFRA operating procedures in this subpart 
DHS/TSA 

Title 49: Transportation 

PART 1562—OPERATIONS I!S THE WASHINGTON, DC, METROPOLITAN AREA 

Authority: 49 U.S.C. 114, 40114, Sec. 823. Pub. L. 108-176, 1 17 Stat. 2595. 

Source: 70 FR 7162, Feb. 10. 2005, unless otherwise noted. 

Subpart A—Maryland Three Airports: Enhanced Security Procedures for Operations at Certain Airports in the 

Washington. DC, Metropolitan Area Flight Restricted Zone 

§ 1562.1 Scope and definitions. 

(a) Scope. This subpart applies to the following airports, and individuals who operate an aircraft to or from those 

airports, that are located within the airspace designated as the Washington, DC. Metropolitan Area Flight Restricted 

Zone by the Federal Aviation Administration: 

{I) College Park Airport (CGS); 

(2) Potomac Airfield (VKX); and 

(3) Washington Executive/Hyde Field (W32). 

(b) Definitions. For purposes of this section: 

Airport security coordinator means the official at a Maryland Three Airport who is responsible for ensuring that the 

airport's security procedures are implemented and followed. 

Maryland Three Airport means any of the airports specified in paragraph (a) of this section. 

§ 1562.3 Operating requirements. 

(a) Airport operator requirements. Each operator of a Maryland Three Airport must; 

(1) Appoint an airport employee as the airport security coordinator; 

(2) Maintain and carry out security procedures approved by TSA; 

(3) Maintain at the airport a copy of the airport's TSA-approved security procedures; 

(4) Maintain at the airport a copy of each Federal Aviation Administration Notice to Airmen and rule that affects 

security procedures at the Maryland Three Airports; and 

(5) Permit officials authorized by TSA to inspect— 

(i) The airport; 

(ii) The airport's TSA-approved security procedures; and 

(iii) Any other documents required under this section. 

(b) Airport security coordinator requirements. Each airport security coordinator for a Maryland Three Airport must be 

approved by TSA. To obtain TSA approval, an airport security coordinator must: 

(1) Present to TSA. in a form and manner acceptable to TSA, his or her— 

(i) Name; 

(ii) Social Security Number; 

(iii) Date of birth; 

(iv) Address; 

(v) Phone number; and 

(vi) Fingerprints. 

(2) Successftilly complete a TSA terrorist threat assessment; and 

(3) Not have been convicted or found not guilty by reason of insanity, in any jurisdiction, during the 10 years prior to 

applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any 

crime specified in 49 CFR 1542.209 or 1572.103. 

(c) Security^procedures. To be approved by TSA. an airport's security procedures, at a minimum, must: 

(1) Identify and provide contact information for the airport's airport security coordinator. 

(2) Contain a current record of the individuals and aircraft authorized to operate to or from the airpon. 

(3) Contain procedures tt>^ 

(i) Monitor the security of aircraft at the airport during operational and non-operational hours; and 

(ii) Alert the aircraft owner(s) and operator(s), the airport operator, and TSA of unsecured aircraft. 

(4) Contain procedures to implement and maintain security awareness procedures at the airport. 

(5) Contain procedures for limited approval of pilots who violate the Washington. DC, Metropolitan Area Flight 

Restricted Zone and are forced to land at the airport. 
(6) Contain any additional procedures required by TSA to provide for the security of aircraft operations to or from the 

airport. 

(d) Amendments to security procedures. Airport security procedures approved by TSA remain in effect unless TSA 

determines that— 

(1) Operations at the airport have not been conducted in accordance with those procedures; or 

(2) The procedures must be amended to provide for the security of aircraft operations to or from the airport. 

(e) Pilot requirements for TSA approval. Except as specified in paragraph (g) of this section, each pilot of an aircraft 

operating to or from any of the Maryland Three Airports must be approved by TSA. To obtain TSA approval, a pilot 

must: 

(1) Present to TSA— 

(i) The pilot's name; 

(ii) The pilot's Social Security Number; 

(iii) The pilot's date of birth; 

(iv) The pilot's address; 

(v) The pilot's phone number; 

(vi) The pilot's current and valid airman certificate or current student pilot certificate; 

(vii) The pilot's current medical certificate; 

(viii) One fomn of Government-issued picture identification of the pilot; 

(ix) The pilot's fingerprints, in a form and manner acceptable to TSA; and 

(x) A list containing the make, model, and regisfration number of each aircraft that the pilot intends to operate to or 

from the airport. 

(2) Successfully complete a TSA terrorist threat assessment. 

(3) Receive a briefing acceptable to TSA and the Federal Aviation Administration that describes procedures for 

operating to and from the airport. 

(4) Not have been convicted or found not guilty by reason of insanity, in any jurisdiction, during the 10 years prior to 

applying for authorization to operate to or from the airport, or while authorized to operate to or from the airport, of any 

crime specified in 49 CFR 1542.209 or 1572.103. 

(5) Not, in TSA's discretion, have a record on file with the Federal Aviation Administration of a violation of— 

(i) A prohibited area designated under 14 CFR part 73; 

(ii) A flight restriction established under 14 CFR 91.141; 

(iii) Special security instructions issued under 14 CFR 99.7; 

(iv) A resfricted area designated under 14 CFR part 73; 

(v) Emergency air traffic rules issued under 14 CFR 91.139; 

(vi) A temporary flight restriction designated under 14 CFR 91.137. 91.138. or 91.145; or 

(vii) An area designated under 14 CFR 91.143. 

(0 Additional pilot requirements. Except as specified in paragraph (g) of this section, each pilot of an aircraft 

operating to or from any of the Maryland Three Airports must: 

(1) Protect from unauthorized disclosure any identification information issued by TSA or the Federal Aviation 

Administration for the conduct of operations to or from the airport. 

(2) Secure the aircraft after returning to the airport from any fiight. 

(3) Comply with any other requirements for operating to or from the airport specified by TSA or the Federal Aviation 

Administration. 

(g) Operations to any of the Maryland Three Airports. A pilot who is approved by TSA in accordance with paragraph 

(d) of this section may operate an aircraft to any of the Maryland Three Airpon:s. provided that the pilot— 

(1) Files an instrument fiight rules or visual flight rules flight plan with Leesburg Automated Flight Service Station; 

(2) Obtains an Air Traffic Control clearance with a discrete transponder code; and 

(3) Follows any arrival/departure procedures required by the Federal Aviation Administration. 

(h) U.S. Armed forces, la^v enforcement, and aeromedical sen'ices aircrafl. An individual may operate a U.S. Armed 

Forces. law enforcement, or aeromedical services aircraft on an authorized mission to or from any of the Maryland 

Three Airports provided that the individual complies with any requirements for operating to or from the airport 

specified by TSA or the Federal Aviation Administration. 

(i) Continuing responsibilities. (1) If an airport security coordinator, or a pilot who is approved to operate to or from 

any of the Maryland Three Airports, is convicted or found not guilty by reason of insanity, in any jurisdiction, of any 

crime specified in 49 CFR 1542.209 or 1572.103. the airport security coordinator or pilot must notify TSA within 24 

hours of the conviction or finding of not guilty by reason of insanity. TSA may withdraw its approval of the airport 

security coordinator or pilot as a result of the conviction or finding of not guilty by reason of insanity. 

(2) If a pilot who is approved to operate to or from any of the Maryland Three Airports commits any of the violations 

described in paragraph (e)(5) of this section, the pilot must notify TSA within 24 hours of the violation. TSA. in its 

discretion, may withdraw its approval of the pilot as a result of the violation. 
(3) If an airport security coordinator, or a pilot who is approved to operate to or from any of the Mar>'iand Three 

Airports, is determined by TSA to pose a threat to national or transportation security, or a threat of terrorism. TSA may 

withdraw its approval of the airport security coordinator or pilot. 

(j) iVaivers. TSA, in coordination with the Federal Aviation Administration, the United States Secret Service, and any 

other relevant agency, may permit an operation to or from any of the Maryland Three Airports, in deviation from the 

provisions of this section, if TSA finds that such action— 

(1) Is in the public interest; and 

(2) Provides the level of security required by this section 

ADDITIONAL REQUIREMENTS TO OPERATE TO OR FROM NATIONAL AIRPORT 

Subpart B—Ronald Reagan Washington National Airport: Enhanced Security Procedures for Certain Operations 

Source: 70 FR 41600, July 19, 2005. unless otherwise noted. 

§ 1562.21 Scope, general requirements, and definitions. 

(a) Scope. This subpart applies to aircraft operations into or out of Ronald Reagan Washington National Airport 

(DCA), fixed base operators located at DCA or gateway airports; individuals designated as a security coordinator by 

aircraft operators or fixed base operators; and crewtnembers, passengers, and armed security officers on aircraft 

operations subject to this subpart. 

(b) General requirements. Each person operating an aircraft into or out of DCA must comply with this subpart, except: 

(1) Military, law enforcement, and medivac aircraft operations; 

(2) Federal and State government aircraft operations operating under an airspace waiver approved by TSA and the 

Federal Aviation Administration; 

(3) All-cargo aircraft operations; and 

(4) Passenger aircraft operations conducted under; 

(i) A full security program approved by TSA in accordance with 49 CFR 1544.101(a); or 

(ii) A foreign air carrier security program approved by TSA in accordance with 49 CFR 1546.101(a) or (b). 

(c) Other security programs. Each aircraft operator required to comply with this subpart for an aircraft operation into 

or out of DCA must also comply with any other TSA-approved security program that covers that operation. If any 

requirements of the DASSP conflict with the requirements of another TSA-approved security program, the aircraft 

operation must be conducted in accordance with the requirements of the DASSP. 

(d) Definitions. For purposes of this subpart, the following definitions apply; 

Armed Security^ Officer Program means the security program approved by TSA, in coordination with the Federal Air 

Marshal Service, for security officers authorized to carry a firearm under §1562.29 of this part. 

Crewmemher means a person assigned to perform duty in an aircraft during flight time. This does not include an 

armed security officer. 

DCA means Ronald Reagan Washington National Airport. 
P.4SSP means the aircraft operator security program (DCA Access Standard Security Program) approved by TSA 

under this part for aircraft operations into and out of DCA. 

FBO means a fixed base operator that has been approved by TSA under this part to serve as a last point of departure 

for flights into or out of DCA. 

FBO Security Program means the security program approved by TSA under this part for FBOs to serve flights into or 

out of DCA. 

Flightcrew member means a pilot, flight engineer, or flight navigator assigned to duty in an aircraft during flight time. 

Oatenay airport means an airport that has been approved by TSA under this part as a last point of departure for flights 

into DCA under this part. 

passenger means any person on ait aircraft other than a flightcrew member. A ''passenger" includes an anned security 

officer authorized to carry a firearm in accordance with the rule. 

§ 1562.23 Aircraft operator and passenger requirements. 

(a) General. To operate into or out of DCA. an aircraft operator must: 

(1) Designate a security coordinator responsible for implementing the DASSP and other security requirements 

required under this section, and provide TSA with the security coordinator's contact information and availability in 

accordance with the DASSP. 

(2) Adopt and carry out the DASSP. 

(3) Ensure that each crewmember of an aircraft operating into or out of DCA meets the requirements of paragraph (c) 

of this section. 

(4) Apply for and receive a reservation from the Federal Aviation Administration and authorization from TSA for each 

flight into and out of DCA in accordance with paragraph (d) of this section. 

(5) Comply with theoperafing requirements in paragraph (e) of this section for each flight into and out of DCA. 

(6) Pay any costs and fees required under this part. 

(7) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in part 1520 

of this chapter, to persons with a need to know, and refer all requests for SSI by other persons to TSA. 

(8) Comply with any additional security procedures required by TSA through order. Security Directive, or other 

means. 

(b) Security coordinator. Each security coordinator designated by an aircraft operator under paragraph (a) of this 

section: 

(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a 

disqualifying criminal offense as described in § 1544.229(d) of this chapter. This standard is met if the security 

coordinator is in compliance with the fingerprint-based criminal history records check requirements of §§1542.209, 

i 544.229. or 1544.230 of this chapter with his or her current employer. 

(2) Must submit to TSA his or her: 

(i) Legal name, including first, middle, and last; any applicable suffix, and any other names used. 
(ii) Current mailing address, including residential address if different than current mailing address. 

(iii) Date and place of birth. 

(iv) Social security number, (submission is voluntary, although recommended). 

(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States. 

(vi) Alien registration number, if applicable. 

(3) Must successfully complete a TSA security threat assessment. 

(4) May. if informed that a disqualifying offense has been disclosed, correct the record in accordance with the 

procedures set forth in paragraphs (h) and (i) of §1544.229 of this chapter regarding notification and correction of 

records. 

(c) Flightcrew member requirements. Each flightcrew member of an aircraft, as defined in 49 CFR 1540.5. operating 

into or out of DCA: 

(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a 

disqualifying criminal offense as described in § 1544.229(d) of this chapter. This standard is met if the fiightcrew 

member is in compliance with the fingerprint-based criminal history record.s check requirements of §§1542.209. 

1544.229, or 1544.230 of this chapter with his or her current employer. 

(2) Must not have a record on file with the Federal Aviation Administration of a violation of^ 

(i) A prohibited area designated under 14 CFR part 73; 

(ii) A flight restriction established under 14 CFR 91.141; 

(iii) Special security instructions issued under 14 CFR 99.7; 

(iv) A restricted area designated under 14 CFR part 73; 

(v) Emergency air traffic rules issued under 14 CFR 91.139; 

(vi) A temporary flight restriction designated under 14 CFR 91.137. 91.138. or 91.145; or 

(vii) An area designated under 14 CFR 91.143. 

(3) May. if informed that a disqualifying offense has been disclosed, correct the record in accordance with the 

procedures set forth in paragraphs (h) and (i) of § 1544.229 of this chapter regarding notification and correction of 

records. 

(d) Flight authorization requirements. To receive authorization to operate an aircraft into or out of DCA. an aircraft 

operator must follow the procedures in this paragraph. 

(1) The aircraft operator must apply to the Federal Aviation Administration for a tentative reservation, in a form and 

manner approved by the Federal Aviation Administration. 

(2) The aircraft operator must submit to TSA, in a form and manner approved by TSA, the following information at 

least 24 hours prior to aircraft departure: 

(i) For each passenger and crewmember on the aircraft: 
(A) Legal name, including first, middle, and last; any applicable sutTix, and any other names used. 

(B) Current mailing address, including residential address if different than current mailing address. 

(C) Date and place of birth. 

(D) Social security number, (submission is voluntary, although recommended). 

(E) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States. 

(F) Alien registration number, if applicable, 

(ii) The registration number of the aircraft, 

(iii) The flight plan. 

(iv) Any other information required by TSA. 

(3) TSA will conduct a name-based security threat assessment for each passenger and crewmember. If TSA notifies 

the aircraft operator that a passenger or crewmember may pose a security threat, the aircraft operator must ensure that 

the passenger or crewmember does not board the aircraft before the aircraft departs out of DCA or out of a gateway 

airport to DCA. 

(4) If TSA approves the flight, TSA will transmit such approval to the Federal Aviation Administration for assignment 

of a final reservation to operate into or out of DCA. Once the Federal Aviation Administration assigns the final 

reservation, TSA will notify the aircraft operator. 

(5) TSA may, at its discretion, cancel any or all flight approvals at any time without prior notice to the aircraft 

operator. 

(6) TSA may, at its discretion, permit a flight into or out of DCA to deviate from the requirements of this subpart, if 

TSA finds that such action would not be detrimental to transportation security or the safe operation of the aircraft. 

(7) TSA may. at its discretion, require any flight into or out of DCA under this subpart to comply with additional 

security measures. 

(e) Operating requirements. Each aircraft operator must: 

(1) Ensure that each flight into DCA departs from a gateway airport and makes no intermediate slops before arrival at 

DCA. 

(2) Ensure that each passenger and crewmember on an aircraft operating into or out of DCA has been screened in 

accordance with the DASSP prior to boarding the aircraft. 

(3) Ensure that all accessible property and property in inaccessible cargo holds on an aircraft operating into or out of 

DCA has been screened in accordance with the DASSP prior to boarding the aircraft. 

(4) Ensure that each aircraft operating into or out of DCA has been searched in accordance with the DASSP. 

(5) Ensure that each passenger and crewmember on an aircraft operating into or out of DCA provides TSA with a valid 

government-issued picture idenrjfjcation jn accordance with the DASSP. 

(6) If the aircraft operating into or out of DCA is equipped with a cockpit door, ensure that the door is closed and 

locked at all times during the operation of the aircraft to or from DCA, unless Federal Aviation Administration 

regulafions require the door to remain open. 
(7) Ensure that each aircraft operating into or out of DCA has onboard at least one armed security officer who meets 

the requirements of §1562.29 of this chapter. This requirement does not apply if— 

(i) There is a Federal Air Marshal onboard; or 

(ii) The aircraft is being flown without passengers into DCA to pick up passengers, or out of DCA after deplaning all 

passengers. 

(8) Ensure that an aircraft operating into or out of DCA has any Federal Air Marshal onboard, at no cost to the Federal 

Government, if TSA or Ihe Federal Air Marshal Service so requires. 

(9) Notify the National Capital Region Coordination Center prior to departure of the aircraft from DCA or a gateway 

airport. 

(10) Ensure that each aircraft operating into or out of DCA operates under instrument fiight rules. 

() 1) Ensure that each passenger complies with any security measures mandated by TSA. 

(12) Ensure that no prohibited items are onboard the aircraft. 

(0 Compliance. (1) Each aircraft operator must; 

(i) Permit TSA to conduct any inspections or tests, including copying records, to determine compliance with this part 

and the DASSP. 

(ii) At the request of TSA, provide evidence of compliance with this part and the DASSP, including copies of records. 

(2) Noncompliance with this part or the DASSP may result in the cancellation of an aircraft operator's flight approvals 

and other remedial or enforcement action, as appropriate. 

(g) Passenger requirements. Each passenger, including each armed security officef, who boards or attempts to board 

an aircraft under this secfion must: 

(1) Provide information to the aircraft operator as provided in this section. 

(2) Provide to TSA upon request a valid government-issued photo identification. 

(3) Comply with security measures as conveyed by the aircraft operator. 

(4) Comply with all applicable regulations in this chapter, including §1540.107 regarding submission to screening and 

inspection, §1540.109 regarding prohibition against interference with screening personnel, and §1540.11 I regarding 

carriage of weapons, explosives, and incendiaries by individuals. 

§ 1562.25 Fixed base operator requirements. 

(a) Security program. Each FBO must adopt and carr>' out an FBO Security Program. 

(b) Screening and other duties. Each FBO must— 

(I) Designate a security coordinator who meets the requirements in §1562.23(5) of this part and is responsible for 

implementing the FBO Security Program and other security requirements required under this section, and provide TSA 

with the security coordinator's contact information and availability in accordance with the FBO Security Program. 
(2) Support the screening of persons and property in accordance with the requirements of this subpart and the FBO 

Security Program. 

(3) Support the search of aircraft in accordance with the requirements of this subpart and the FBO Security Program. 

(4) Restrict the distribution, disclosure, and availability of sensitive security infonnation (SSI), as defined in part 1520 

of this chapter, to persons with a need to know, and refer all requests for SSI by other persons to TSA. 

(5) Perform any other duties required under the FBO Security Program. 

(c) Compliance. (1) Each FBO must: 

(i) Permit TSA to conduct any inspections or tests, including copying records, to determine compliance with this part 

and the FBO Security Program. 

(rr) At the request of TSA, provide evidence of compliance with (his part and Ihe FBO Security Program, including 

copies of records. 

(2) Noncompliance with this part or the FBO Security Program may result in the cancellation of an aircraft operator's 

flight approvals and other remedial or enforcement action, as appropriate. 

§1562.27 Costs. 

(a) Each aircraft operator must pay a threat assessment fee of S15 for each passenger and crewmember whose 

information the aircraft operator submits to TSA in accordance with § 1562.23(d) of this part. 

(b) Each aircraft operator must pay to TSA the costs associated with carrying out this subpart, as provided in its 

DASSP. 

(c) All fees and reimbursement must be remitted to TSA in a form and manner approved by TSA. 

(d) TSA will not issue any refunds, unless any fees or reimbursement funds were paid in error. 

(e) If an aircraft operator does not remit to TSA the fees and reimbursement funds required under this section, TSA 

may decline to process any requests for authorization from the aircraft operator. 

# 1562.29 Armed security officer requirements. 

(a) General. Unless otherwise authorized by TSA, each armed security officer must meet the following requirements: 

(1) Be qualified to carry a firearm in accordance with paragraph (b) of this section. 

(2) Successfully complete a TSA security threat assessment as described in paragraph (c) of this section. 

(3) Meet such other requirements as TSA, in coordination with the Federal Air Marshal Service, may establish in the 

Armed Security Officer Security Program. 

(4) Be authorized by TSA, in coordination with the Federal Air Marshal Service, under 49 U.S.C. 44903(d). 

(b) Qualifications. To be qualified to carry a firearm under this subpart, an individual must meet the requirements in 

paragraph (I), (2), or (3) of this section, unless otherwise authorized by TSA. in coordination with the Federal Air 

Marshal Service. 
( 0 Active law enforcement officers. An active law enforcement officer must be an employee of a governmental agency 

who— 

(i) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of. or the 

incarceration of any person for, any violation of law; 

(ii) Has statutory powers of arrest; 

(iii) Is authorized by the agency to carr>' a firearm; 

(iv) Is not the subject of any disciplinary action by the agency; 

(v) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance: and 

(vi) Is not prohibited by Federal law from receiving a firearm. 

(2) Retired law enforcement officers. A retired law enforcement offlcer must be an individual who-^ 

(i) Retired in good standing from service vvith a public agency as a law enforcement officer, other than for reasons of 

mental instability; 

(ii) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or 

prosecution of, or Ihe incarceration of any person for. any violation of law. and had statutory powers of arrest; 

(iii) Before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or 

more, or retired from service with such agency, after completing any applicable probationary period of such service, 

due to a service-connected disability, as determined by such agency; 

(iv) Has a n on-forfeitable right to benefits under the retirement plan of the agency; 

(v) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and 

(vi) Is not prohibited by Federal law from receiving a firearm. 

(3) Other individuals. Any other individual must— 

(i) Meet qualifications established by TSA, in coordination with the Federal Air Marshal Service, in the Armed 

Security Officer Program; 

(ii) Not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and 

(iii) Not be prohibited by Federal law from receiving a firearm. 

(c) Threat assessments. To be authorized under this section, each armed security officer: 

(1) Must undergo a fingerprint-based criminal history records check that does not disclose that he or she has a criminal 

offense that would disqualify him or her from possessing a firearm under 18 U.S.C. 922(g). 

(2) May, if informed that a disqualifying offense has been disclosed, correct the record in accordance with the 

procedures set forth in paragraphs (h) and (i) of §1544.229 of this chapter regarding notification and correction of 

records. 

(3) Must submit to TSA his or her: 
(i) Legal name, including first, middle, and last; any applicable suffix, and any other names used. 

(ii) Current mailing address, including residential address if different than current mailing address. 

(iii) Date and place of birth. 

(iv) Social security number, (submission is voluntary, although recommended). 

(v) Citizenship status and date of naturalization if the individual is a naturalized citizen of the United States. 

(vi) Alien registration number, if applicable. 

(4) Must undergo a threat assessment by TSA prior to receiving authorization under this section and prior to boarding 

an aircraft operating intoor out of DCA as provided in § 1562.23(d)(1) of this part. 

(d) Training. Each armed security officer onboard an aircraft operating into or oul of DCA must: 

(1) Have basic law enforcement training acceptable to TSA; and 

(2) Successfully complete a TSA-approved training course, developed in coordination with the Federal Air Marshal 

Service, at the expense of the armed security officer. 

(e) Armed security officer program. (I) Each armed security officer onboard an aircraft operating into or out of DCA 

must— 

(i) Comply with the Armed Security Officer Program. 

(ii) Restrict the distribution, disclosure, and availability of sensitive security information (SSI), as defined in part 1520 

of this chapter, to persons with a need to know, and refer all requests for SSI by other persons to TSA. 

(2) TSA and the Federal Air Marshal Service may conduct randotn inspections of armed security officers to ensure 

compliance with the Armed Security Officer Program. 

(0 Authority to cany firearm. An armed security officer approved under this section is authorized— 

(1) To carry a firearm in accordance with the Armed Security Officer Program on an aircraft operating under a DASSP 

into or out of DCA; and 

(2) To transport a firearm in accordance with the Armed Security Officer Program at any airport as needed to carry out 

duties under this subpart, including for travel to and from flights conducted under this subpart. 

(g) Use of force. Each armed security officer authorized to carry a firearm under this section may use force, including 

deadly force, in accordance with the Armed Security Officer Program. 

(h) Use of alcohol or intoxicating or hallucinatory drugs or substances. An armed security officer onboard an aircraft 

operating into or out of DCA may not consume alcohol or use an intoxicating or hallucinatory drug or substance 

during the fiight and within 8 hours before boarding the aircraft. 

(i) Credential —(1) TSA credential. An armed security officer under this section must carry a credential issued by 

TSA. 

(2) Inspection of credential. An armed security officer must present the TSA-issued credential for inspection when 

requested by an authorized representative of TSA, the Federal Aviation Administration, the Federal Air Marshal 

Service, the National Transportation Safety Board, any Federal, State, or local law enforcement officer, or any 

authorized aircraft operator representative. 
(3) Preflight identification to crewmembers. When carrying a firearm, an armed security officer must identify himself 

or herself to all crevvmembers either personally or through another member of the crew before the flight. 

(j) Suspension or withdrawal of authorization. At the discretion of TSA, authorization under this subpart and 49 

U.S.C. 44903(d) is suspended or withdrawn upon notification by TSA.