[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Rules and Regulations]
[Pages 49818-49822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24426]



[[Page 49817]]

-----------------------------------------------------------------------

Part VII





Department of Transportation





-----------------------------------------------------------------------



Federal Aviation Administration



-----------------------------------------------------------------------



14 CFR Part 99



Security Control of Air Traffic; Final Rule

  Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / 
Rules and Regulations  

[[Page 49818]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 99

[Docket No. FAA-2001-10693]
RIN 2120-AH25


Security Control of Air Traffic

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action modifies regulations governing security control of 
air traffic. Specifically, this action revises the boundaries of the 
Air Defense Identification Zones surrounding the contiguous United 
States and Alaska and amends the flight plan and communications 
requirements for pilots planning flight into, within, or whose 
departure point is within any of these zones. This action conforms the 
security control of air traffic regulations with Presidential 
Proclamation No. 5928; supports the Department of Defense in 
accomplishing its national defense and drug interdiction missions; and 
assists law enforcement agencies in their efforts to stop the 
transportation of illegal drugs by aircraft.

DATES: This final rule is effective on November 13, 2001. Comments for 
inclusion in the Rules Docket must be received on or before November 
13, 2001.

ADDRESSES: Address your comments to the Docket Management Systems, U.S. 
Department of Transportation, Room PL, 401 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number at the 
beginning of your comments, and you should submit two copies of your 
comments. If you wish to receive confirmation that FAA has received 
your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments on 
these regulations in person in the Dockets Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The Dockets 
Office is on the plaza level of the Nassif Building at the Department 
of Transportation at the above address. Also, you may review public 
dockets on the Internet at http://dms.dot.gov.

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:

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, we invite you comments on 
this rule. The most useful comments are those that are specific, 
related to issues raised by the rule, and that explain the reason for 
any recommended change. To ensure consideration, you must identify the 
Rules Docket number in your comments, and you must submit comments to 
the address specified under the ADDRESSES section of this preamble. We 
will consider all communications received on or before the closing date 
for comments, and we may amend or withdraw this rule in light of the 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of 
this action and determining whether additional rulemaking action is 
needed.
    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. We will file in the 
Rules Docket a report that summarizes each public contract related to 
the substance of this rule.
    If you want us to acknowledge receipt of your comments submitted in 
response to this rule, you must include with your comments a self-
addressed, stamped postcard on which you identify the Rules Docket 
number of this rulemaking. We will date stamp the postcard and return 
it to you.

Availability of Rulemaking Documents

    You can get an electronic copy from the Department of 
Transportation's web site by taking the following steps:
    1. Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).
    2. On the search page type in the last four digits of the Docket 
number shown at the beginning of this notice. Click on ``Search''.
    3. On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number for the item 
you wish to view.
    You can also get an electronic copy using the Internet through 
FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or through 
the Federal Register's web page at http:/www.access.gpo.gov/su_docs/aces/aces140.html.
    You can get a paper 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 docket number of this rulemaking.

Background

    On December 27, 1988, the President issued Proclamation No. 5928, 
Territorial Sea of the United States of America (54 FR 777, Jan. 9, 
1989), which extended the boundaries of the territorial sea of the 
United States from 3 to 12 nautical miles from U.S. shorelines for 
international purposes. The territorial sea is a maritime zone 
extending beyond the shorelines, including the airspace, of the United 
States over which it exercises sovereignty and jurisdiction. The 
President issued Proclamation No. 5928 to advance National Security and 
other significant interests.
    Although Proclamation No. 5928 extended the physical boundaries of 
the territorial seas, it did not extend the jurisdiction of any state 
or Federal law, nor did it alter the geographical boundaries of the 
national borders and territorial waters within three miles of the 
United States. As a result, the definition for ``United States'' 
contained in Title III of the Federal Aviation Act of 1958 (FAAct), 
since codified in 49 U.S.C. 1341-1355, was not changed by Proclamation 
No. 5928. Consequently, the definition contained in the FAAct for 
``United States'' did not apply to the annexed territorial sea between 
three to twelve nautical miles from the U.S. shorelines.
    Annex 2 of the Chicago Convention on International Civil Aviation 
obligates its members to adopt measures to insure that aircraft 
operating within its airspace comply with its air traffic rules and 
``Rules of the Air.'' In addition, members are required to enforce 
their applicable regulations. Rules of the air imposed by the United 
States are found in Title 14 of the Code of Federal Regulations (14 
CFR) part 91, among other regulations. However, for the reasons 
explained earlier, these rules could not be applied to the territorial 
seas between 3 and 12 nautical miles of United States shorelines, even 
though these areas could no longer qualify as ``open sea.'' In order to 
correct the lapse

[[Page 49819]]

in U.S. jurisdiction over the annexed airspace, the Federal Aviation 
Administration (FAA or ``we'') initiated several rulemaking actions.
    On January 4, 1989, the FAA issued a final rule entitled Special 
Federal Aviation Regulation No. 53 (54 FR 264, Jan. 4, 1989) to 
coincide with the territorial jurisdiction adopted by the United States 
under Proclamation No. 5928. This final rule amended 14 CFR parts 71 
and 91 to extend controlled airspace and the applicability of flight 
rules to the territorial seas between three and twelve nautical miles 
of U.S. shorelines.
    On August 11, 1994, the Department of Defense (DoD) petitioned the 
FAA to initiate rulemaking to update 14 CFR part 99, which governs 
security control of air traffic. The petition requested extension of 
the boundaries of the inner air defense identification zone (ADIZ) to 
12 nautical miles to reflect changes made by Proclamation No. 5928. The 
petition also asked for changes to streamline the identification of 
aircraft operating in an ADIZ. The DoD is the lead agency charged with 
the responsibility for aerial detection and monitoring of drug 
smuggling, especially in the ADIZ. An ADIZ is an area of airspace over 
land or water in which the ready identification, location, and control 
of civil aircraft is required in the interest of national security. 
Airspace designated as an ADIZ exists throughout the contiguous U.S., 
Alaska, Hawaii, and Guam.
    The DoD also requested that the FAA take action: (1) To add and 
define the term ``aeronautical facility,''; (2) to require pilots to 
activate and close a flight plan when flying into, within, or when the 
departure point is within an ADIZ; and (3) to require pilots to 
maintain a continuous listening watch on the appropriate aeronautical 
facility's frequency when operating an aircraft into, within, or when 
the departure point is within an ADIZ. The DoD requested these changes 
to help accomplish their national defense and drug interdiction 
mission, and assist law enforcement agencies in their efforts to stop 
the use of aircraft for the illegal transportation of drugs.
    In response to the DoD petition, the FAA published a notice in the 
Federal Register to inform interested parties of the requested changes 
and to solicit comments (60 FR 36746, July 18, 1995). The FAA received 
one comment in response to the Notice from the Air Line Pilots 
Association (ALPA). ALPA concurred with the petition stating, ``[t]he 
changes will enable the DOD to more efficiently carry out its mission 
of detection and monitoring of drug smuggling and this will improve the 
safety of all aircraft operations in the [air defense identification 
zones].''
    Based on our review of the DoD petition and the comment received 
from ALPA, the FAA has determined that it is in the public interest to 
grant the petition and amend 14 CFR part 99 by issuing a final rule 
that is immediately effective. Under our regulations (14 CFR 11.11), we 
may use a type of immediately effective final rule that we call a 
``final rule with request for comment.'' A final rule with request for 
comment is a rule that invites public comment on a rule that we are 
issuing in final (with an effective date). We usually do this when we 
have not first issued a notice of proposed rulemaking (NPRM) because we 
have found that doing so would be impractical, unnecessary, or contrary 
to the public interest.
    In this case, we have determined that issuing an NPRM is both 
unnecessary and contrary to the public interest. An NPRM is unnecessary 
because we do not anticipate any substantive comments. In the most 
recent rulemaking affecting part 99, we received no adverse comments 
(See 53 FR 18216, May 20, 1988, a final rule changing the lateral 
boundaries of ADIZ). As discussed earlier in this preamble, when we 
published the July 1995 notice announcing receipt of the DoD petition, 
we received only one comment, and it was favorable. Issuing a proposed 
rule is also contrary to the public interest because it would further 
delay the establishment of rules that will hinder the smuggling of 
illegal drugs and protect public safety.

The Rule

    In this final rule, the FAA is taking four actions: First, the FAA 
is creating a definition for the term ``aeronautical facility.'' 
Second, FAA is modifying the airspace boundaries of the contiguous U.S. 
and Alaska ADIZs to conform, in part, with Presidential Proclamation 
No. 5928. Third, the FAA is amending regulations that require pilots 
operating into, within, or whose departure point is within an ADIZ to 
activate and close their flight plans. Fourth, the FAA is amending the 
regulations to require that pilots operating aircraft into, within, or 
whose departure point is within an ADIZ maintain a continuous listening 
watch on the appropriate aeronautical facility's frequency. The FAA is 
making these changes to protect aircraft from the flight practices of 
persons conducting illegal drug activities that may create safety 
hazards. Aircraft used to conduct illegal drug activities frequently 
fly at low altitude and high speed to avoid radar detection. This 
practice increases the risk of midair collision or loss of aircraft 
control and poses a threat to aircraft used in legitimate operations 
and for persons and property on the ground. The FAA also believes that 
requiring pilots to activate and close a flight plan and to maintain a 
continuous listening watch on the appropriate aeronautical facility's 
frequency will provide necessary tracking information to the DoD. Using 
this information, the DoD and law enforcement agencies can quickly 
identify aircraft involved in illegal operations resulting in the fewer 
safety hazards created by aircraft involved in illegal drug activities.

Section-by-Section Analysis of the Final Rule

Section 99.1 Applicability

    In this rule, we are amending paragraph (b)(2) of this section to 
be consistent with Presidential Proclamation No. 5928, which extended 
the boundaries of the territorial sea of the United States from 3 to 12 
nautical miles from U.S. shorelines for international purposes. We are 
also making an editorial change to previous paragraph (c), which 
established a radio-operating requirement. As discussed later in the 
preamble, we are moving the substance of previous paragraph (c) to 
Sec. 99.9, entitled ``Radio requirements.'' As a result, we are 
renumbering previous paragraph (d), which remains in all other respects 
unchanged, as paragraph (c).

Section 99.3 Definitions

    In this rule, we are making several changes to this section. 
Previous Sec. 99.3 was titled ``General,'' but this section primarily 
contained definitions used under part 99. We are therefore changing the 
heading of Sec. 99.3 from ``General'' to ``Definitions,'' which is a 
more accurate description of its contents. The FAA has decided to 
retain, with slight editorial changes, the three terms defined in this 
section, ``air defense identification zone,'' ``defense area,'' and 
``defense visual flight rules (DVFR) flight.'' Also, in response to the 
DoD's request, we are adding a definition of ``aeronautical facility.'' 
The Office of the Federal Register (Federal Register) recommends that 
paragraph designations not be used with definitions. Instead, the 
Federal Register recommends listing definitions in alphabetical order. 
See ``Federal Register Document Drafting Handbook,'' section 8.15, 
Office of the Federal Register, National Archives and Records 
Administration, Oct. 1998. In order to

[[Page 49820]]

conform to the Federal Register's preferred formatting, we are 
eliminating the paragraph designations from Sec. 99.3 and listing the 
definitions in alphabetical order.
    The definition of ``aeronautical facility,'' for the purposes of 
part 99, is a communications facility where flight plans or position 
reports are normally filed during flight operations. We are adding this 
definition simply for clarity and do not intend for this addition to be 
a substantive change in the regulations.

Section 99.9 Radio Requirements

    In this rule, we are adding new requirements to Sec. 99.9, which 
clarify the existing regulation, and we are changing its format. 
Previous Sec. 99.9 provided a short paragraph prohibiting the operation 
of an aircraft in an ADIZ unless it was equipped with a radio. We are 
now amending this section to add paragraph (a) which requires that all 
pilots maintain a continuous listening watch on the appropriate 
aeronautical facility's frequency when operating an aircraft into, 
within, or whose departure point is within an ADIZ.
    By ``into'' an ADIZ, we intend to apply the requirement to pilots 
operating aircraft whose departure point is outside an ADIZ and who 
subsequently enter the ADIZ. These pilots would have to maintain a 
continuous listening watch from the time the aircraft enter the ADIZ 
until they exit or land within the ADIZ.
    By ``within'' an ADIZ, we intend to apply the requirement to pilots 
operating aircraft transiting an ADIZ. These pilots would have to 
maintain a continuous listening watch from the time the aircraft enter 
the ADIZ until they exit the ADIZ.
    By aircraft ``whose departure point is within'' an ADIZ, we intend 
to apply the requirement to pilots who take off from a point within an 
ADIZ, such as an island or drilling platform, and who subsequently exit 
the ADIZ. These pilots would have to maintain a continuous listening 
watch from the time the aircraft takeoff until they exit the ADIZ.
    Prior to this rulemaking, only pilots operating in the Alaska ADIZ 
were required to monitor the appropriate frequency. The FAA believes 
this new requirement will expedite the FAA's ability to identify, track 
or contact aircraft operating in an ADIZ. Once identified, the 
appropriate government agency will be able to distinguish legitimate 
aircraft operations from illegal operations.
    We are also moving and re-designating the requirement in previous 
Sec. 99.1(c) as new Sec. 99.9(b) and making editorial changes. These 
changes are not substantive and do not change existing requirements 
under part 99. The reason for this action is simply to group all radio-
related requirements in one place. This action should make the 
regulations easier to understand.

Section 99.11 ADIZ Flight Plan Requirements

    We are making one change to Sec. 99.11(a), to require pilots, in 
addition to the current requirement to file a flight plan, to activate 
and close their flight plan with the appropriate aeronautical facility 
when operating aircraft into, within, or when the departure point is 
within an ADIZ. Before this rulemaking, pilots were required only to 
file the flight plan. On occasion, pilots do not activate their filed 
flight plans. When this occurs, the aircraft are considered unknown, 
and military aircraft are deployed to intercept and identify the 
aircraft. On other occasions, pilots do not properly close their flight 
plans after reaching their final destinations. This causes the 
initiation of search-and-rescue efforts to locate the aircraft. In both 
cases, resources are expended needlessly.
    The FAA believes that this requirement will eliminate the costs 
associated with unnecessary intercept and search-and-rescue efforts. In 
addition, these requirements will provide an increased level of public 
safety by limiting or reducing the use of aircraft to conduct drug 
smuggling without placing an undue burden on the public. Smugglers 
typically fly at low altitude and at high speed to avoid radar 
detection. This practice can result in mid-air collisions or loss of 
control of the aircraft and poses a threat to aircraft used in 
legitimate operations and to persons and property on the ground.

Subpart B--Designated Air Defense Identification Zones

Section 99.42 Contiguous U.S. ADIZ and Section 99.43 Alaska ADIZ

    As discussed earlier in this preamble, we are changing the 
boundaries of the contiguous United States and Alaska ADIZ to extend 12 
nautical miles from U.S. shorelines. Before the rulemaking, the 
boundaries extended only three nautical miles beyond the U.S. 
shorelines. We are accomplishing this by substituting in each section a 
new sets of points (described by latitude and longitude) that establish 
the boundaries of the ADIZs when connected by lines. This action aligns 
the ADIZ boundaries with the territorial sea of the United States. This 
action conforms to the Presidential proclamation extending the 
jurisdiction of the United States, supports the Department of Defense 
in accomplishing its national defense and drug interdiction missions, 
and assists law enforcement agencies in their efforts to stop the 
transport of illegal drugs across the Nation's borders by aircraft.

Procedural Matters

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), Public Law 104-121, requires FAA to comply with small entity 
requests for information or advice about compliance with statutes and 
regulations within its jurisdiction. Therefore, small entities that 
have a question regarding this document may contact their local FAA 
official, or the person listed under the FOR FURTHER INFORMATION 
CONTACT section of this preamble. You can find out more about SBREFA on 
the Internet at our site, http://www.gov/avr/arm/sbrefa.htm. For more 
information on SBREFA, e-mail us at [email protected].

Paperwork Reduction Act

    This rule does not require the collection of any information under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid Office 
of Management and Budget (OMB) control number.

Regulatory Flexibility Act, Trade Impact Assessment, and Unfunded 
Mandates Assessment

    Changes to Federal Regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act requires agencies to analyze the 
economic effect of regulatory changes on small businesses and other 
small entities. Third, the Office of Management and Budget directs 
agencies to assess the effect of regulatory changes on international 
trade. In conducting these analyses, the FAA has determined that the 
final rule: (1) Will generate benefits that justify its negligible 
costs and is not a ``significant regulatory action'' as defined in the 
Executive Order; (2) is not significant as defined in the Department of 
Transportation's Regulatory Policies and Procedures; (3) will not have 
a significant impact on a substantial

[[Page 49821]]

number of small entities; (4) will not constitute a barrier to 
international trade; and (5) will not contain any Federal 
intergovernmental or private sector mandate. These analyses are 
summarized here in the preamble, and the full Regulatory Evaluation is 
in the docket.
    This final rule will modify the boundaries of the contiguous U.S. 
and Alaska ADIZ, amend flight plan and communications requirements for 
pilots planning flight into, within, or whose departure point is within 
an ADIZ, and add the definition ``aeronautical facility'' to Sec. 99.3.
    This final rule will also reduce the costs associated with 
unnecessary intercepts. The final rule will impose no additional 
administrative or operational costs on the FAA. It will also make Part 
99 consistent with Presidential Proclamation No. 5928, and provide the 
necessary tracking information to assist DoD and law enforcement 
agencies in identifying aircraft involved in illegal operations, 
thereby, reducing the safety hazards created by aircraft involved in 
illegal drug activities.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and an regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    In view of the absence of any cost impact of the rule on small 
entities, the FAA has determined that this final rule won't have a 
significant economic impact on a substantial number of small entities.
    Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 
605(b), the Federal Aviation Administration certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards.
    This final rule will not constitute a barrier to international 
trade, including the export of U.S. goods and services to foreign 
countries or the import of foreign goods and services into the United 
States.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments.
    Title II of the Act requires each Federal agency to prepare a 
written statement assessing the effects of any Federal mandate in a 
proposed or final agency rule that may result in a $100 million or more 
expenditure (adjusted annually for inflation) in any one year by State, 
local, and tribal governments, in the aggregate, or by the private 
sector; such a mandate is deemed to be a ``significant regulatory 
action. This final rule doesn't contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Act of 1995 don't 
apply.

Executive Order 10854, Extension of the Application of the Federal 
Aviation Act of 1958

    Since this amendment involves the designation of airspace areas 
outside of the United States, we have consulted with the Secretary of 
State, in accordance with the provisions of Executive Order 10854, to 
ensure that there are no conflicts with any international treaty or 
agreement to which the United States is a party and this action is 
consistent with the successful conduct of the foreign relations of the 
United States.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism (52 FR 41685, Oct. 30, 
1987). We have determined that this action will not have a substantial 
direct effect on the States, or the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, we 
determined that this final rule does not have federalism implications.

Plain Language

    In response to the June 1, 1998 Presidential Memorandum regarding 
the use of plain language, the FAA re-examined the writing style 
currently used in the development of regulations. The memorandum 
requires federal agencies to communicate clearly with the public. We 
are interested in your comments on whether the style of this document 
is clear, and in any other suggestions you might have to improve the 
clarity of FAA communications that affect you. You can get more 
information about the Presidential memorandum and the plain language 
initiative at http://www.plainlanguage.gov.

Environmental Analysis

    FAA order 1050.1D defines FAA actions that may be categorically 
excluded from preparations of a National Environmental Policy Act 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    The energy impact of the rule has been assessed in accordance with 
the Energy Policy and Conservation Act of 1995 (EPCA), as amended, 42 
U.S.C. 6201 et seq., and FAA Order 1053.1. The FAA has determined that 
the rule is not a major regulatory action under the provisions of the 
EPCA.

List of Subjects in 14 CFR Part 99

    Air traffic control, Airspace, National defense, Navigation (air), 
Security measures.

The Amendment

    Accordingly, the Federal Aviation Administration amends Title 14 
Code of Federal Regulations Part 99 as follows:

[[Page 49822]]

PART 99--SECURITY CONTROL OF AIR TRAFFIC

    1. The authority citation for part 99 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40101, 40103, 40106, 40113, 40120, 
44502, and 44721.


    2. The FAA is amending Sec. 99.1 by revising paragraph (b)(2), 
removing paragraph (c), and redesignating paragraph (d) as paragraph 
(c) as follows:

Subpart A-General


Sec. 99.1  Applicability.

* * * * *
    (b) * * *
    (2) Operating at true airspeed of less than 180 knots in the Hawaii 
ADIZ or over any island, or within 12 nautical miles of the coastline 
of any island, in the Hawaii ADIZ;
* * * * *

    3. The FAA is revising the section heading and the text of 
Sec. 99.3 to read as follows:


Sec. 99.3  Definitions.

    Aeronautical facility means, for the purposes of this subpart, a 
communications facility where flight plans or position reports are 
normally filed during flight operations.
    Air defense identification zone (ADIZ) means an area of airspace 
over land or water in which the ready identification, location, and 
control of civil aircraft is required in the interest of national 
security.
    Defense area means any airspace of the contiguous United States 
that is not an ADIZ in which the control of aircraft is required for 
reasons of national security.
    Defense visual flight rules (DVFR) flight means, for the purposes 
of this subpart, a flight within an ADIZ conducted by a civil aircraft 
under the visual flight rules in part 91 of this title.

    4. The FAA is revising Sec. 99.9 to read as follows:


Sec. 99.9  Radio requirements

    (a) A person who operates a civil aircraft into an ADIZ must have a 
functioning two-way radio, and the pilot must maintain a continuous 
listening watch on the appropriate aeronautical facility's frequency.
    (b) No person may operate an aircraft into, within, or whose 
departure point is within an ADIZ unless--
    (1) The person files a DVFR flight plan containing the time and 
point of ADIZ penetration, and
    (2) The aircraft departs within five minutes of the estimated 
departure time contained in the flight plan.

    5. The FAA is revising paragraph (a) of Sec. 99.11 to read as 
follows:


Sec. 99.11  ADIZ flight plan requirements.

    (a) Unless otherwise authorized by air traffic control, a person 
must not operate an aircraft into, within, or whose departure point is 
within an ADIZ unless the person files, activates, and closes a flight 
plan with the appropriate aeronautical facility.
* * * * *

    6. The FAA is revising Sec. Sec. 99.42 and 99.43 to read as 
follows:

Subpart B--Designated Air Defense Identification Zones


Sec. 99.42  Contiguous U.S. ADIZ

    The area bounded by a line from 43 deg.15'N, 65 deg.55'W; 
44 deg.21'N; 67 deg.16'W; 43 deg.10'N; 69 deg.40'W; 41 deg.05'N; 
69 deg.40'W; 40 deg.32'N; 72 deg.15'W; 39 deg.55'N; 73 deg.00'W; 
39 deg.38'N; 73 deg.00'W; 39 deg.36'N; 73 deg.40'W; 37 deg.00'N; 
75 deg.30'W; 36 deg.10'N; 75 deg.10'W; 35 deg.10'N; 75 deg.10'W; 
32 deg.00'N; 80 deg.30'W; 30 deg.30'N; 81 deg.00'W; 26 deg.40'N; 
79 deg.40'W; 25 deg.00'N; 80 deg.05'W; 24 deg.25'N; 81 deg.15'W; 
24 deg.20'N; 81 deg.45'W; 24 deg.30'N; 82 deg.06'W; 24 deg.41'N; 
82 deg.06'W; 24 deg.43'N; 82 deg.00'W; 25 deg.00'N; 81 deg.30'W; 
25 deg.10'N; 81 deg.23'W; 25 deg.35'N; 81 deg.30'W; 26 deg.15'N 
82 deg.20'W; 27 deg.50'N; 83 deg.05'W; 28 deg.55'N; 83 deg.30'W; 
29 deg.42'N; 84 deg.00'W; 29 deg.20'N; 85 deg.00'W; 30 deg.00'N; 
87 deg.10'W; 30 deg.00'N; 88 deg.30'W; 28 deg.45'N; 88 deg.55'W; 
28 deg.45'N; 90 deg.00'W; 29 deg.25'N; 94 deg.00'W; 28 deg.20'N; 
96 deg.00'W; 27 deg.30'N; 97 deg.00'W; 26 deg.00'N; 97 deg.00'W; 
25 deg.58'N; 97 deg.07'W; westward along the U.S./Mexico border to 
32 deg.32'03'N, 117 deg.07'25'W; 32 deg.30'N; 117 deg.25'W; 
32 deg.35'N; 118 deg.30'W; 33 deg.05'N; 119 deg.45'W; 33 deg.55'N; 
120 deg.40'W; 34 deg.50'N; 121 deg.10'W; 38 deg.50'N; 124 deg.00'W; 
40 deg.00'N; 124 deg.35'W; 40 deg.25'N; 124 deg.40'W; 42 deg.50'N; 
124 deg.50'W; 46 deg.15'N; 124 deg.30'W; 48 deg.30'N; 125 deg.00'W; 
48 deg.20'N; 128 deg.00'W; 48 deg.20'N; 132 deg.00'W; 37 deg.42'N; 
130 deg.40'W; 29 deg.00'N; 124 deg.00'W; 30 deg.45'N; 120 deg.50'W; 
32 deg.00'N; 118 deg.24'W; 32 deg.30'N; 117 deg.20'W; 32 deg.32'03'N; 
117 deg.07'25'W; eastward along the U.S./Mexico border to 25 deg.58'N, 
97 deg.07'W; 26 deg.00'N; 97 deg.00'W; 26 deg.00'N; 95 deg.00'W; 
26 deg.30'N; 95 deg.00'W; then via 26 deg.30'N; parallel to 
26 deg.30'N; 84 deg.00'W; 24 deg.00'N; 83 deg.00'W; then Via 
24 deg.00'N; parallel to 24 deg.00'N; 79 deg.25'W; 25 deg.40'N; 
79 deg.25'W; 27 deg.30'N; 78 deg.50'W; 30 deg.45'N; 74 deg.00'W; 
39 deg.30'N; 63 deg.45'W; 43 deg.00'N; 65 deg.48'W; to point of 
beginning.


Sec. 99.43  Alaska ADIZ.

    The area is bounded by a line from 54 deg.00'N; 136 deg.00'W; 
56 deg.57'N; 144 deg.00'W; 57 deg.00'N; 145 deg.00'W; 53 deg.00'N; 
158 deg.00'W; 50 deg.00'N; 169 deg.00'W; 50 deg.00'N; 180 deg.00'; 
50 deg.00'N; 170 deg.00'E; 53 deg.00'N; 170 deg.00'E; 60 deg.00'00'N; 
180 deg.00'; 65 deg.00'N; 169 deg.00'W; then along 169 deg.00'W; to 
75 deg.00'N; 169 deg.00'W; then along the 75 deg.00'N; parallel to 
75 deg.00'N, 141 deg.00'W; 69 deg.50'N; 141 deg.00'W 71 deg.18'N; 
156 deg.44'W; 68 deg.40'N; 167 deg.10'W; 67 deg.00'N; 165 deg.00'W; 
65 deg.40'N; 168 deg.15'W; 63 deg.45'N; 165 deg.30'W; 61 deg.20'N; 
166 deg.40'W; 59 deg.00'N; 163 deg.00'W; then south along 163 deg.00'W 
to 54 deg.00'N, 163 deg.00'W; 56 deg.30'N; 154 deg.00'W; 59 deg.20'N; 
146 deg.00'W; 59 deg.30'N; 140 deg.00'W; 57 deg.00'N; 136 deg.00'W; 
54 deg.35'N, 133 deg.00'W; to point of beginning.

    Issued in Washington, DC on September 24, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-24426 Filed 9-27-01; 8:45 am]
BILLING CODE 4910-13-M