[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2840-2847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01226]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2026-0199; Amdt. No. 93-105]
RIN 2120-AM14
Flight Restrictions in the Vicinity of Ronald Reagan Washington
National Airport (DCA)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Interim final rule with request for comments.
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SUMMARY: FAA is revising its regulations to implement certain flight
restrictions in the airspace over the Potomac River near Ronald Reagan
Washington National Airport (DCA) permanently. These revisions are
necessary to mitigate the potential for midair collisions resulting
from insufficient separation between fixed-wing aircraft operating to
or from DCA and helicopters or powered-lift operating in the vertical-
lift flight mode near DCA. The revisions will also fully implement a
National Transportation Safety Board safety recommendation. The flight
restrictions will prohibit helicopters and powered-lift operating in
the vertical-lift flight mode from operating in a designated area near
DCA unless these aircraft are conducting an essential operation.
DATES: This interim final rule is effective January 23, 2026.
Submit comments on or before February 23, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-0199
using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Brian Konie, Rules and Regulations
Group, Policy Directorate, Air Traffic Organization, Federal Aviation
Administration, 600 Independence Avenue SW, Washington, DC 20597;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
FAA is revising its regulations to add subpart X to 14 CFR part 93
that will permanently implement certain flight restrictions in the
airspace over the Potomac River near Ronald Reagan Washington National
Airport (DCA). These revisions are necessary to mitigate the potential
for midair collisions resulting from insufficient separation between
fixed-wing aircraft operating to or from DCA and helicopters or
powered-lift operating in the vertical-lift flight mode near DCA. The
revisions will also fully implement a National Transportation Safety
Board (NTSB) safety recommendation.
Specifically, helicopters or powered-lift operating in the
vertical-lift flight mode may only conduct essential operations in the
area between the Memorial Bridge, Hains Point, and the Wilson Bridge as
defined in new Sec. 93.373. These requirements are effective
immediately.
When helicopters or powered-lift operating in the vertical-lift
flight mode must conduct essential operations in this area designated
in Sec. 93.373, air traffic control (ATC) will manage fixed-wing
traffic to restrict traffic from entering the special flight rules
area. This includes local procedures which restrict the use of Runways
15/33 or 4/22 for arrivals or departures when excepted helicopter/
powered-lift aircraft are operating within the area.
For the purposes of this subpart, and as described in Sec. 93.375,
FAA recognizes the following operations as essential: lifesaving
medical, active law enforcement, active national security, continuity
activities for the Federal government, or transportation for the
President or Vice President of the United States (U.S.). Routine
training, proficiency evaluation flights, and other flights for
transportation of personnel that are not involved in an essential
operation, as previously described, are not essential operations. In
short, essential helicopter operations in this area should be
exceedingly rare.
Through this rule, FAA is also amending the authority citation for
14 CFR part 93 to remove the citation to 49 U.S.C. 106(g) to reflect
amendments resulting from the FAA Reauthorization Act of 2024.\1\
II. Interim Final Rule
FAA is adopting this interim final rule without prior notice and
prior public comment to enact measures to mitigate the unacceptable
risk of midair collisions near DCA resulting from insufficient
separation immediately. U.S. Department of Transportation (DOT) Order
2100.6B, Policies and Procedures for Rulemaking,\2\ provides that
issuing substantive rules without completing notice and comment is an
exception and not favored. Accordingly, FAA invites interested persons
to participate in this rulemaking by submitting written comments, data,
or views. The agency also invites comments relating to the economic,
environmental, energy, or federalism impacts that might result from
this interim final rule. FAA will replace this IFR with a final rule at
the earliest opportunity following a review of comments received.
See the ``Additional Information'' section for information on how
to comment on this interim final rule and how FAA will handle comments
received. The ``Additional Information'' section also contains related
information about the docket, privacy,
[[Page 2841]]
and the handling of proprietary or confidential business information.
In addition, there is information on obtaining copies of related
rulemaking documents.
III. Authority for This Rulemaking and Good Cause
A. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in 49
U.S.C. subtitle I, section 106, which describes the authority of the
FAA Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of FAA's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103, Sovereignty and use of
airspace, and subpart III, section 44701, General requirements. Under
section 40103, FAA is charged with prescribing regulations on: (1) the
flight of aircraft, including regulations on safe altitudes; (2) the
navigation, protection, and identification of aircraft; (3) the safe
and efficient use of the navigable airspace, and (4) preventing
collision between aircraft. Under section 44701, FAA is charged with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce and national security.
This interim final rule is within the scope of sections 40103 and
44701 because it mitigates the potential for midair collisions near DCA
and addresses an urgent NTSB safety recommendation to ensure safety in
air commerce near DCA.
B. Good Cause for Immediate Adoption
Section 553(b)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under this section, an agency, upon finding good cause, may
issue a final rule without seeking comment prior to the rulemaking. In
addition, 5 U.S.C. 553(d) generally requires the publication or service
of a substantive rule shall be made not less than 30 days before its
effective date, but section 553(d)(3) provides an exception to this
general requirement when the agency finds good cause to waive the delay
in the effective date.
On January 29, 2025, a helicopter and a fixed-wing aircraft
collided near DCA. The collision resulted in the deaths of all 67
passengers and crew aboard both aircraft. In response, FAA issued a
temporary flight restriction (TFR) that effectively closed Washington
Route 4 between Hains Point and the Wilson Bridge. Subsequently, the
NTSB identified several critical safety concerns and made two urgent
safety recommendations to prevent future accidents.\3\ One of these
urgent safety recommendations includes the FAA's prohibition of
helicopters on Washington Route 4 between Hains Point and the Wilson
Bridge when Runways 15 and 33 are being used for departures and
arrivals at DCA, respectively, because the separation distances are
insufficient. This rule fully and permanently implements the FAA's
interim steps and this urgent NTSB safety recommendation because it
prohibits non-essential helicopter and powered-lift operating in
vertical-lift flight mode traffic on and near the closed portion of
Washington Route 4 and extends the prohibition over a broader area,
regardless of runway use. The NTSB recommendations are discussed in
greater detail in section IV of this preamble. The rule only allows
essential operations over the Potomac River near DCA by helicopter and
powered-lift operating in the vertical-lift flight mode. When there is
an essential operation within the Special Flight Rules Area (SFRA), ATC
will manage fixed-wing traffic to restrict the use of Runways 15/33 or
4/22 for arrivals or departures at DCA.\4\
Currently, FAA has imposed TFRs for helicopters in the area over
the Potomac River near DCA (See IV. Background); however, these TFRs
are meant to address emergency conditions that preclude normal flight
operations. FAA issued the current TFR as a temporary measure to
mitigate the collision risk near DCA and implement the NTSB safety
recommendations. TFRs, by their nature, are not a permanent solution to
address the conditions near DCA. In light of the need for a permanent
solution to alleviate the risk of midair collisions, FAA finds prior
notice and comment are impracticable, as delaying the effectiveness of
this rule and allowing the current TFR to lapse could result in a
similar accident or incident as occurred on January 29, 2025. However,
recognizing that members of the public may wish to provide comments,
FAA is accepting comments related to this interim final rule. Further,
for these same reasons, FAA finds good cause exists to waive the delay
in the effective date and make this rule immediately effective.
Regarding the revision to the authority citation for 14 CFR part
93, this technical amendment simply implements statutory changes that
are already effective.\5\ This amendment constitutes ``a routine
determination, insignificant in nature and impact, and inconsequential
to the industry and to the public.'' \6\ This amendment will not impose
any additional substantive restrictions or requirements on the persons
affected by these regulations. Because the authority citation revision
merely makes technical amendments, FAA finds notice and public comment
under 5 U.S.C. 553(b) unnecessary. FAA also finds there is good cause
to waive the delay in the effective date.
IV. Background
At the time of the January 29, 2025 collision, a variety of
aircraft operated within the airspace near DCA, including fixed-wing
airplanes, helicopters, and powered-lift. While a variety of aircraft
operated in the airspace over the Potomac River near DCA, the number of
operations was already limited by the Washington, DC Metropolitan Area
Special Flight Rules Area (SFRA).\7\ The Washington, DC Metropolitan
Area SFRA levies operating requirements within 30 nautical miles (NM)
of the DCA Very High Frequency Omnidirectional Range/Distance Measuring
Equipment (VOR/DME) for reasons of national security.\8\ The area of
the flight restriction designated in this rule is wholly contained
within the Washington, DC Metropolitan Area SFRA and adds additional
flight restrictions that limit the types of operations for helicopters
and powered-lift operating in the vertical-lift flight mode over the
Potomac River near DCA to enhance safety by limiting these operations
to only those that are essential.
In addition, DCA had and continues to have three operational
runways. Runway 01/19 is DCA's most used runway and is 7,169 feet long.
Runway 15/33 has the second-most use and is 5,204 feet long. Runway 04/
22 is 5,000 feet long.
Further, as depicted on the Baltimore-Washington Helicopter Route
Chart, there were a variety of helicopter routes near DCA at the time
of the collision.\9\ Each of the 23 Washington helicopter routes on the
chart has specific operating altitudes and communication requirements.
As applicable to this interim final rule, the chart displays the routes
(or excerpts of specific routes over the Potomac River near DCA)
described below and the associated altitudes for each portion of the
route. The route descriptions below reflect the routes in place at the
time of the collision (published on December 26,
[[Page 2842]]
2024). This rule uses the route information in place at the time of the
collision for consistency with terminology in the NTSB's
recommendation.
Washington Route 1 begins at the American Legion Bridge over the
Potomac River, to the Tidal Basin east of Roosevelt Island, over the
Washington Channel to the Anacostia River, then northeast over the
Anacostia River. The operating altitude for the route north of the
Wilson Bridge is at or below 200 feet mean sea level (MSL).
Washington Route 4 began at Fort Washington, south of the Wilson
Bridge over the Potomac River, to the Wilson Bridge (where Washington
Route 4 crosses west-to-east Route 3), then via the East Bank of the
Potomac River near DCA to the Anacostia River, where Washington Route 4
intercepted Washington Route 1. The operating altitude for the route
between the Key Bridge and the James Creek Marina (northeast of Hains
Point) was at or below 200 feet MSL.
Washington Route 6, near DCA, from east to west, was from the Woods
Corner reporting point, to the Bolling reporting point (in the vicinity
of Joint Base Anacostia-Bolling), to Abingdon Plantation (directly
adjacent to the west of DCA), to direct Glebe Road (near the
intersection of Glebe Road and Interstate 395). The operating altitude
for the route between the Bolling and Glebe Road reporting points and
over DCA was 1,500 feet MSL. All other operating altitudes were at or
below 1,400 feet MSL.
On January 29, 2025, a Sikorsky UH-60L, operated by the U.S. Army
under the callsign PAT25, was traveling south on Washington Route 4.
Simultaneously, a Mitsubishi Heavy Industries (MHI) RJ Aviation
(formerly Bombardier) CL-600-2C10 (CRJ700), U.S. aircraft registration
N709PS, operated by PSA Airlines as flight 5342, was preparing to land
on DCA Runway 33. At about 2048 eastern standard time (EST), PAT25 and
PSA Airlines flight 5342 collided in flight approximately 0.5 miles
southeast of DCA in Arlington, Virginia, and impacted the Potomac River
in southwest Washington, DC The collision occurred at an altitude of
approximately 300 feet. All 67 individuals aboard both aircraft were
killed in the crash.
Following the collision, FAA issued a TFR, via Notice to Airmen
(NOTAM) Flight Data Center (FDC) 5/9030, pursuant to Sec. 91.137(a)(2)
to provide a safe environment for the operation of disaster relief
aircraft.\10\ This TFR prohibited helicopter traffic from operating
over the Potomac River near DCA from the surface up to and including
17,999 feet MSL, with exceptions for lifesaving medical, active law
enforcement, active air defense, or Presidential transport missions.
This effectively closed Washington Route 4 near DCA. As stated in the
NOTAM, in the event one of the excepted missions must occur, civilian
aircraft would not be allowed in the area until completion of the
excepted operation to mitigate the risk of potential conflicts near
DCA.
On March 11, 2025, the NTSB announced that it issued an urgent
Safety Recommendation Report, entitled Deconflict Airplane and
Helicopter Traffic in the Vicinity of Ronald Reagan Washington National
Airport, containing two urgent safety recommendations and an Aviation
Investigation Preliminary Report.\11\ \12\ \13\ In its urgent Safety
Recommendation Report, the NTSB urged FAA to take immediate action on
two urgent safety recommendations, A-25-001 and A-25-002, concerning
the potential for midair collisions between traffic on helicopter
Washington Route 4 and airplanes landing on Runway 33 or departing from
Runway 15 at DCA.
The NTSB expressed its concerns that ``the existing separation
distances between helicopter traffic operating on Washington Route 4
and aircraft landing on Runway 33 are insufficient and pose an
intolerable risk to aviation safety by increasing the chances of a
midair collision.'' \14\ In particular, the NTSB's Safety
Recommendation Report states that at ``an altitude of 200 ft, a
helicopter operating over the eastern shoreline of the Potomac River
would have about 75 ft of vertical separation from an airplane
approaching runway 33, and this distance decreases if the helicopter is
operated farther from the shoreline.'' \15\ To further illustrate its
concern, the NTSB highlighted additional data on separation distances
obtained by FAA analysis of relevant data, showing that in a period of
a little over three years, there were ``85 recorded events that
involved a lateral separation less than 1,500 [feet] and vertical
separation less than 200 [feet].'' \16\
Based on its findings, the NTSB issued two urgent safety
recommendations.
Safety Recommendation A-25-001: Prohibit operations on
helicopter Route 4 between Hains Point and the Wilson Bridge when
Runways 15 and 33 are being used for departures and arrivals,
respectively, at Ronald Reagan Washington National Airport.\17\
Safety Recommendation A-25-002: Designate an alternative
helicopter route that can be used to facilitate travel between Hains
Point and the Wilson Bridge when that segment of Washington Route 4 is
closed.\18\
The NTSB went on to explain that when Washington Route 4 operations
are prohibited, it restricts ``a vital aviation corridor used for law
enforcement activity, Coast Guard patrols, and continuity of government
operations.'' Moreover, the NTSB stated that ``[c]ontinued access to
the most direct course possible is critical for these operations. In
addition, mandating that controllers hold helicopters in place north or
south of DCA while airplanes are operating on [R]unway 15/33 has the
potential to increase risk by adding to controller workload.'' \19\
On March 13, 2025, FAA published changes to Washington Route 4 and
Washington Route 6.\20\ \21\ \22\ The changes formally removed portions
of Washington Routes 4 and 6 near arrival and departure traffic of
fixed-wing aircraft operating to or from DCA to mitigate the potential
for insufficient separation with helicopters or powered-lift operating
in the vertical-lift flight mode.
On May 2, 2025, the NTSB closed Safety Recommendation A-25-001,
stating it believed FAA's actions to date exceeded the intent of the
recommendation.\23\ FAA's actions included removing a section of
helicopter Washington Route 4 and limiting certain runway use at DCA
during specific limited helicopter operations in the vicinity of
DCA.\24\
In addition, since the initial NOTAM, FAA has issued revisions of
the flight restriction to refine the lateral boundaries, reduce the
vertical dimensions from 17,999 feet MSL to 10,000 feet MSL, and
clarify the restrictions imposed as the disaster relief operations near
DCA changed. The most recent version of the NOTAM, FDC 5/6468, issued
on November 14, 2025 pursuant to Sec. 91.139, contains the same
exceptions for lifesaving medical, active law enforcement, active air
defense, or Presidential transport missions. The NOTAM continues to
define the lateral and vertical dimensions of the area and lists the
restrictions imposed.
This interim final rule, issued in alignment with FAA's
correspondence to NTSB \25\ and the NTSB findings, permanently and
fully implements NTSB Safety Recommendation A-25-001 to mitigate the
potential for midair collisions due to insufficient separation between
traffic on Washington Route 4 and airplanes landing on Runway 33 or
departing from Runway 04 or Runway 15 at DCA. FAA is addressing NTSB
Safety Recommendation A-25-002 in
[[Page 2843]]
another effort beyond the scope of this rule.
V. Discussion of the Interim Final Rule
To mitigate the potential for midair collisions near DCA and
implement NTSB Safety Recommendation A-25-001, FAA is adding subpart X
to part 93 to implement flight restrictions in the airspace over the
Potomac River near DCA permanently.
A. Flight Restrictions: Applicability
NTSB Safety Recommendation A-25-001 recommended prohibiting
operations on helicopter Washington Route 4 between Hains Point and the
Wilson Bridge when Runway 15 and Runway 33 are being used for
departures and arrivals, respectively, at DCA. This rule applies to the
types of aircraft that operate in the area defined in Sec. 91.373. As
stated in Sec. 93.371, this rule applies to helicopters and powered-
lift operating in the vertical-lift flight mode. In addition to the 14
CFR 1.1 definition of powered-lift,\26\ the vertical-lift flight mode
for powered-lift is currently defined in 14 CFR 194.103 as a flight
mode where a powered lift is ``in a configuration that allows vertical
takeoff, vertical landing, and low-speed flight'' and depends
``principally on engine-driven lift devices or engine thrust for
lift.''
B. Mixed Traffic Area
Prior to the midair collision on January 29, 2025, a mix of fixed-
wing aircraft, helicopter, and powered-lift operations occurred
simultaneously near DCA. Due to the midair collision resulting from
insufficient separation between mixed operations, FAA determined it
needed to address traffic operating on Washington Route 4 as well as
traffic over the Potomac River near DCA. As of March 13, 2025,
Washington Route 4 only exists south of the Memorial Bridge.\27\
Similar to the previously issued NOTAMs, this rule establishes a flight
restriction in the area between the Memorial Bridge, Hains Point, and
the Wilson Bridge (Area).
FAA considers restricting airspace to be an extraordinary remedy to
be applied only when truly necessary. FAA must consider other statutory
mandates (1) to ensure the safe and efficient use of airspace,\28\ and
(2) to ensure the public right of transit.\29\ As such, the specified
lateral dimensions of the flight restriction only cover the area
necessary to mitigate the risk of insufficient separation distances
between mixed traffic, where helicopters or powered-lift operating in
the vertical-lift flight mode would be laterally and vertically near
DCA's runways. FAA defined the Area narrowly to provide adequate
airspace for users to conduct non-essential operations near but outside
the Area defined in this rule. For example, operators that previously
conducted operations in the Area can still use proximal airspace for
non-essential operations, which provides training benefits. Because
some government agencies must conduct operations near DCA, FAA also
consulted with those other government agencies, including the
Department of War and other security stakeholders, when developing the
lateral dimensions.
The lateral dimensions of the Area align with temporary
restrictions issued by FAA, with the exception of the airspace near
DCA's Terminal A. The U.S. Coast Guard bases aircraft at DCA near
Terminal A and must conduct routine, non-essential operations in the
airspace near DCA. These operations occur far enough away from the
runways at issue that they do not pose the same risk for insufficient
separation distances. This rule excludes that airspace from these
restrictions to allow continued U.S. Coast Guard helicopter operations.
This rule also addresses traffic operating from the surface up to
and including 1,500 feet MSL. This altitude, while more permissive than
FAA-issued temporary restrictions currently in place, aligns with
typical operations by helicopters and powered-lift operating in the
vertical-lift flight mode near DCA thus it does not pose the same risk
for insufficient separation distances.
Section 93.373 provides the horizontal and vertical dimensions of
this Area FAA is designating as the Ronald Reagan Washington National
Airport Flight Restrictions Area.
C. Flight Restrictions
To permanently address NTSB's Safety Recommendation A-25-001 and
address the potential for midair collisions due to insufficient
separation near DCA, Sec. 93.375(a) prohibits any person from
operating helicopters and powered-lift operating in the vertical-lift
flight mode in the Area, unless it is an essential operation. This
restricts all use by these aircraft in this Area, regardless of runway
use at DCA.
When the operator of a helicopter or powered-lift operating in the
vertical-lift flight mode must conduct an essential operation in this
Area, ATC will manage fixed-wing traffic to restrict the use of Runway
15 and Runway 33 for departures and arrivals, respectively, and Runway
04 for departures at DCA. In combination, these actions should
significantly reduce the risk of midair collisions caused by the
insufficient separation of mixed traffic operations in the Area.
D. Essential, Non-Fixed-Wing Operations Near DCA
Due to the proximity of DCA to the U.S. Capitol and other
government facilities and the continued need to provide emergency
services in the Area, prohibiting all helicopters or powered-lift
operating in the vertical-lift flight mode in the defined Area is not
feasible. As the NTSB stated, this Area is ``a vital aviation corridor
used for law enforcement activity, Coast Guard patrols, and continuity
of government operations.'' Moreover, the NTSB stated ``[c]ontinued
access to the most direct course possible is critical for these
operations.'' As such, some essential operations must occur, and
paragraph (b) of Sec. 93.375 defines what is an essential operation.
FAA recognizes the following operations as essential: lifesaving
medical, active law enforcement involving responses to ongoing criminal
activity, active national security directly involving national defense
or counterintelligence, continuity activities for the Federal
government, or transportation of the President or Vice President of the
United States. For purposes of this rule, the essential operations are
narrow in scope, intended to enhance safety, and provide for critical
services that must occur in this Area or require transit through this
Area.
Lifesaving medical operations would generally include those
aircraft directly involved in saving lives. Examples would be aviation
operations responding to a life-threatening emergency or involving an
air ambulance. Active law enforcement operations would include those
involving aviation responses to ongoing crime or criminal activity.
Active national security operations include those aviation operations
that directly involve national defense or counterintelligence, such as
countering terrorism or combating espionage.\30\ Operations conducted
for continuity activities for the Federal government are those aviation
activities conducted to ensure the continued operation of essential
governmental functions under circumstances including all-hazard
emergencies. Examples of all-hazard emergencies include natural
disasters, mass-casualty events, and terrorist attacks. These
activities may require the movement of certain government officials by
aircraft to ensure those officials are able to continue the execution
of their national essential functions.\31\ Operations to transport the
[[Page 2844]]
President or Vice President of the United States of America include the
aircraft or vehicle involved in transport and necessary supporting
aircraft or vehicles. These operations are essential to ensure the
integrity of government operations and the security of the President or
Vice President.
Though this rule provides for essential operations, the rule does
not change existing ATC procedures or operational priority as provided
for in FAA orders and directives. FAA notes 14 CFR 93.1 provides ATC
the ability to authorize operations in this area. FAA expects ATC could
authorize operations not listed in paragraph (b). This could be done in
rare and unforeseen circumstances, such as aviation responses to
significant emergencies, or disaster recovery operations in response to
significant accidents or natural disasters.
Under paragraph (c), essential operations explicitly do not include
proficiency evaluation flights, transportation of personnel not
directly involved in an essential operation (e.g., VIP transportation
operations other than the President or Vice President), or routine
training operations. These types of operations do not fit within the
narrow scope of essential operations provided for in this rule
considering this rule's purpose of mitigating the risk for midair
collisions near DCA. These operations are not critical operations that
necessitate the most direct course.
E. FAA's 2024 Reauthorization Act Amendments to Authority Citation
The FAA Reauthorization Act of 2024 amended 49 U.S.C. 106 by
removing the language previously within subsection (g), modifying it,
and moving the modified text to subsection (f). See Public Law 118-63,
Sec. 204(b). In addition, the Act designated subsection (g) as
reserved. As a result, Section 106(g) no longer provides authority for
part 93. To implement this statutory change, this rule revises the
authority citation for part 93 to remove the reference to 49 U.S.C.
106(g). No further changes are needed to the authority citation as it
already includes a reference to 106(f).
VI. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
Executive Order (E.O.) 12866 (``Regulatory Planning and Review'')
and E.O. 13563 (``Improving Regulation and Regulatory Review'') require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.'' The Office of Management and Budget has determined
this rule is a significant regulatory action as defined in section 3(f)
of E.O. 12866.
E.O. 14192 (``Unleashing Prosperity through Deregulation''), issued
January 31, 2025, instructs agencies to ``alleviate unnecessary
regulatory burdens.'' This rule is exempt from E.O. 14192's
requirements because it addresses a critical safety matter.
The rule will mitigate the risk of midair collisions resulting from
insufficient separation distances between fixed-wing aircraft and
helicopters and powered-lift aircraft operating in the vertical-lift
flight mode near DCA by implementing restrictions in the airspace over
the Potomac River near DCA. Helicopters or powered-lift operating in
the vertical-lift flight mode may only conduct essential operations.
When helicopters or powered-lift operating in the vertical-lift flight
mode must conduct essential operations in this Area, ATC will manage
fixed-wing traffic to restrict the simultaneous use of Runway 15 and
Runway 33 for departures and arrivals, respectively, or Runway 04 for
departures at DCA.
Prior to the NOTAM, existing operating restrictions at DCA already
limited the types of operations near the airport, including in the Area
designated in Sec. 93.373. This rule would continue to allow fixed-
wing traffic to operate in the Area while limiting operations of
helicopters or powered-lift operating in the vertical-lift flight mode
if those aircraft must conduct essential operations. FAA defined the
Area narrowly to provide adequate airspace for users to conduct non-
essential operations near but outside of the Area defined in Sec.
93.373.
Therefore, FAA expects that the flight restrictions in this interim
final rule are unlikely to result in additional costs to operators that
are more than de minimis. Regardless, FAA expects the benefits of this
action to exceed the costs because it will mitigate the risk of
fatalities and injuries from a collision between fixed-wing aircraft
and helicopters or powered-lift operating near DCA.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever 5 U.S.C. 553 or any other law
requires an agency to publish a general notice of proposed rulemaking
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to
prepare a final regulatory flexibility analysis when an agency issues a
final rule under 5 U.S.C. 553 after that section or any other law
requires publication of a general notice of proposed rulemaking. FAA
concludes good cause exists to forgo notice and comment and to not
delay the effective date for this rule. As 5 U.S.C. 553 does not
require notice and comment in this situation, 5 U.S.C. 603 and 604
similarly do not require regulatory flexibility analyses.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, they be the basis for U.S. standards.
FAA has assessed the potential effect of this rule and determined
it ensures the safety of the American public and does not exclude
imports that meet this objective. As a result, FAA does not consider
this rule as creating an unnecessary obstacle to foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. FAA determined the rule will not result in the expenditure
of $187,000,000 or more ($100,000,000 adjusted for inflation using the
most current Implicit Price Deflator for the Gross Domestic Product) by
State, local, or Tribal governments, in the aggregate, or the private
sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
FAA to consider the impact of paperwork and
[[Page 2845]]
other information collection burdens imposed on the public. FAA has
determined there is no new requirement for information collection
associated with this interim final rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these regulations.
G. Environmental Analysis
FAA has analyzed the environmental impacts of this rule pursuant to
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.). FAA has determined this action of revising its regulations to
implement certain restrictions to prohibit mixed traffic operations in
the airspace over the Potomac River permanently when Runways 15 and 33
are being used for departures and arrivals at DCA qualifies for
categorical exclusion in accordance with NEPA and FAA Order 1050.1G,
FAA National Environmental Policy Act Implementing Procedures,
paragraph B-2.6 (f)--Regulations, standards, and exemptions (excluding
those that if implemented may cause a significant impact on the human
environment). Categorical exclusions are categories of actions that the
agency has determined normally do not significantly affect the quality
of the human environment and therefore do not require either an
environmental assessment (EA) or environmental impact statement (EIS).
See DOT Order 5610.1D Sec. 9. In analyzing the applicability of a
categorical exclusion, the agency must also consider whether
extraordinary circumstances are present that would warrant the
preparation of an EA or EIS. Id. Sec. 9(b). In accordance with FAA's
NEPA implementation policy and procedures regarding extraordinary
circumstances, FAA has reviewed this action for factors and
circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis.
Accordingly, FAA has determined no extraordinary circumstances exist
that warrant preparation of an environmental assessment or
environmental impact statement.
VII. Executive Order Determinations
A. Executive Order 13132, Federalism
FAA has analyzed this interim final rule under the principles and
criteria of E.O. 13132, Federalism. FAA has determined this action will
not have a substantial direct effect on the States, or the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
and, therefore, will not have federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with E.O. 13175, Consultation and Coordination with
Indian Tribal Governments,\32\ and FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation Policy and Procedures,\33\ FAA
ensures Federally Recognized Tribes (Tribes) are given the opportunity
to provide meaningful and timely input regarding proposed Federal
actions that have the potential to have substantial direct effects on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes; or
to affect uniquely or significantly their respective Tribes. At this
point, FAA has not identified any unique or significant effects,
environmental or otherwise, on Tribes resulting from this interim final
rule.
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
FAA analyzed this interim final rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. FAA has determined it is not a ``significant
energy action'' under E.O. 13211 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
E.O. 13609, Promoting International Regulatory Cooperation,
promotes international regulatory cooperation to meet shared challenges
involving health, safety, labor, security, environmental, and other
issues and to reduce, eliminate, or prevent unnecessary differences in
regulatory requirements. FAA has analyzed this action under the
policies and agency responsibilities of E.O. 13609 and has determined
this action will have no effect on international regulatory
cooperation.
VIII. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. FAA also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting this interim final rule. The most
helpful comments reference a specific portion of the interim final
rule, explain the reason for any recommended change, and include
supporting data. To ensure the docket does not contain duplicate
comments, commenters should submit only one time if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this interim final rule. Before finalizing this interim
final rule, FAA will consider all comments it receives on or before the
closing date for comments. FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. FAA may change this interim final rule in light of
the comments received.
Privacy: In accordance with 5 U.S.C. 553(c), FAA solicits comments
from the public to inform its rulemaking process better. FAA posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this interim final rule contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and is relevant or responsive to this interim final rule, it
is important you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
FAA will treat such marked submissions as confidential
[[Page 2846]]
under the FOIA, and they will not be placed in the public docket of
this interim final rule. Submissions containing CBI should be sent to
the person in the FOR FURTHER INFORMATION CONTACT section of this
document. Any commentary FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
C. Electronic Access and Filing
A copy of this interim final rule, all comments received, any final
rule, and all background material may be viewed online at
www.regulations.gov using the docket number listed above. Electronic
retrieval help and guidelines are available on the website. It is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's website at www.federalregister.gov and the Government
Publishing Office's website at www.govinfo.gov. A copy may also be
found at FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or amendment number of this
rulemaking.
All documents FAA considered in developing this interim final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/rulemaking/sbre_act/.
Endnotes
\1\ Public Law 118-63 (May 16, 2024).
\2\ https://www.transportation.gov/regulations/dot-order-21006b-rulemaking-and-guidance-procedures.
\3\ Aviation Investigation Report AIR-25-01 ``Deconflict
Airplane and Helicopter Traffic in the Vicinity of Ronald Reagan
Washington National Airport,'' March 7, 2025.
\4\ On May 2, 2025, the NTSB agreed that FAA's elimination of
``all helicopter operations on this previously used segment of Route
4, regardless of runway use at DCA'' and the prohibition of ``the
use of Runways 15/33 and Runways 4/22 during specific limited
helicopter operations'' exceed the extent of urgent NTSB Safety
Recommendation A-25-001. https://www.ntsb.gov/safety/safety-recs/Pages/Status-Explanation.aspx. This rule makes permanent the
restriction of helicopter and powered-lift operating in the
vertical-lift flight mode in the designated area, to include the
referenced section of Route 4. See https://data.ntsb.gov/carol-main-public/sr-details/A-25-001.
\5\ See Public Law 118-63, Sec. 204(b).
\6\ Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012)
(quoting Util. Solid Waste Activities Grp. v. EPA, 236 F.3d 749, 755
(D.C. Cir. 2001)); see also Attorney General's Manual on the
Administrative Procedure Act (1947), at 31; U.S. Department of
Transportation (DOT) Order 2100.6B, paragraph 11.j(1)(b) (saying
proposed rules are not required for ``[r]ules for which notice and
comment is unnecessary to inform the rulemaking, such as rules
correcting de minimis technical or clerical errors or rules
addressing other minor and insubstantial matters, provided the
reasons to forgo public comment are explained in the preamble to the
final rule'').
\7\ 14 CFR Part 93, subpart V.
\8\ Id.
\9\ A copy of the route map has been placed in the docket for
this rulemaking. See https://www.faa.gov/air_traffic/flight_info/aeronav/digital_products/vfr/.
\10\ The docket for this rule has a copy of all referenced
NOTAMs.
\11\ NTSB Makes Urgent Recommendations on Helicopter Traffic
Near Reagan National Airport, https://www.ntsb.gov/news/press-releases/Pages/NR20250311.aspx.
\12\ Deconflict Airplane and Helicopter Traffic in the Vicinity
of Ronald Reagan Washington National Airport, https://www.ntsb.gov/investigations/AccidentReports/Reports/AIR2501.pdf.
\13\ Aviation Investigation Preliminary Report, https://www.ntsb.gov/investigations/Documents/DCA25MA108%20Prelim.pdf.
\14\ https://www.ntsb.gov/investigations/AccidentReports/Reports/AIR2501.pdf. at 7.
\15\ Id. at 6.
\16\ ``A review of commercial operations (instrument flight
rules departures or arrivals) at DCA between October 2021 and
December 2024 indicated a total of 944,179 operations. During that
time, there were 15,214 occurrences between commercial airplanes and
helicopters in which there was a lateral separation distance of less
than 1 nm and vertical separation of less than 400 ft. There were 85
recorded events involved a lateral separation less than 1,500 ft and
vertical separation less than 200 ft.'' Aviation Investigation
Preliminary Report (https://www.ntsb.gov/investigations/Documents/DCA25MA108%20Prelim.pdf) at page 18.
\17\ https://data.ntsb.gov/carol-main-public/sr-details/A-25-001.
\18\ https://data.ntsb.gov/carol-main-public/sr-details/A-25-002.
\19\ https://www.ntsb.gov/investigations/AccidentReports/Reports/AIR2501.pdf at 8.
\20\ Helicopter route charts are available via a publicly
available website at https://www.faa.gov/air_traffic/flight_info/aeronav/digital_products/vfr/.
\21\ Current Washington Route 4 no longer exists north of the
Wilson Bridge and current Washington Route 6 no longer exists west
of the Potomac River.
\22\ https://www.faa.gov/air_traffic/flight_info/aeronav/safety_alerts/media/VIS_25-02_CN_DCA_Helicopter_Route_Chart_Revisions.pdf.
\23\ data.ntsb.gov/carol-main-public/sr-details/A-25-001.
\24\ FAA's March 26, 2025 correspondence available at https://
data.ntsb.gov/carol-main-public/sr-details/A-25-001.
\25\ Id.
\26\ 14 CFR 1.1 defines powered-lift as ``a heavier-than-air
aircraft capable of vertical takeoff, vertical landing, and low
speed flight that depends principally on engine-driven lift devices
or engine thrust for lift during these flight regimes and on
nonrotating airfoil(s) for lift during horizontal flight.''
\27\ Helicopter route charts are available via a publicly
available website at https://www.faa.gov/air_traffic/flight_info/aeronav/digital_products/vfr/.
\28\ 49 U.S.C. 40103(b).
\29\ 49 U.S.C. 40103(a)
\30\ Refer to: 9-90.010 of the Justice Manual at https://www.justice.gov/jm/jm-9-90000-national-security.
\31\ Refer to Federal Continuity Directive 1, available at
https://www.fema.gov/pdf/about/org/ncp/fcd1.pdf.
\32\ 65 FR 67249 (Nov. 6, 2000).
\33\ FAA Order No. 1210.20 (Jan. 28, 2004), available at
www.faa.gov/documentLibrary/media/1210.pdf.
List of Subjects in 14 CFR Part 93
Air traffic control, Airports, Airspace, Navigation (air).
The Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations, as follows:
PART 93--SPECIAL AIR TRAFFIC RULES
0
1. The authority citation for part 93 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44715, 44719, 46301.
0
2. Add subpart X to part 93 to read as follows:
Subpart X--Flight Restrictions in the Vicinity of Ronald Reagan
Washington National Airport
Sec.
93.371 Applicability.
[[Page 2847]]
93.373 Description of area.
93.375 General operating procedures.
Sec. 93.371 Applicability.
This subpart prescribes rules applicable to helicopters or powered-
lift operating in the vertical-lift flight mode operating in the Ronald
Reagan Washington National Airport Flight Restrictions Area described
in Sec. 93.373.
Sec. 93.373 Description of area.
The Ronald Reagan Washington National Airport Flight Restrictions
Area is designated as that airspace extending upward from the surface
to and including 1,500 feet MSL over the Potomac River near Ronald
Reagan Washington National Airport, Arlington, VA beginning at
38[deg]53'04'' N, 77[deg]03'19'' W; to 38[deg]52'48'' N, 77[deg]02'48''
W; to 38[deg]52'44'' N, 77[deg]01'55'' W; to 38[deg]52'34'' N,
77[deg]01'42'' W; to 38[deg]52'23'' N, 77[deg]01'33'' W; to
38[deg]51'54'' N, 77[deg]01'24'' W; to 38[deg]50'43'' N, 77[deg]01'16''
W; to 38[deg]50'07'' N, 77[deg]01'27'' W; to 38[deg]49'14'' N,
77[deg]01'36'' W; to 38[deg]48'37'' N, 77[deg]01'36'' W; to
38[deg]47'37'' N, 77[deg]01'23'' W; to 38[deg]47'37'' N, 77[deg]02'48''
W; to 38[deg]50'17'' N, 77[deg]02'42'' W; to 38[deg]50'30'' N,
77[deg]02'44'' W; to 38[deg]50'49'' N, 77[deg]02'34'' W; to
38[deg]50'59'' N, 77[deg]02'33'' W; to 38[deg]51'07'' N, 77[deg]02'51''
W; to 38[deg]52'07'' N, 77[deg]03'02'' W; to 38[deg]52'35'' N,
77[deg]03'07'' W; to the point of beginning.
Sec. 93.375 General operating procedures.
(a) No person may operate a helicopter or powered-lift operating in
the vertical-lift flight mode in the Ronald Reagan Washington National
Airport Flight Restrictions Area unless the person is conducting an
essential operation as provided in paragraph (b) of this section.
(b) Essential operations are operations conducted for the following
purposes:
(1) Lifesaving medical;
(2) Active law enforcement involving responses to ongoing criminal
activity;
(3) Active national security directly involving national defense or
counterintelligence;
(4) Continuity activities for the Federal government to ensure the
continued operation of essential governmental functions under a broad
range of circumstances, including all-hazard emergencies; or
(5) Transportation of the President or Vice President of the United
States.
(c) Proficiency evaluation flights, other transportation of
personnel not directly involved in an essential operation, and routine
training operations are not essential operations as provided for in
paragraph (b) of this section.
Issued under authority provided by 49 U.S.C. 106(f), 40103, and
44701(a) in Washington, DC.
Bryan Bedford,
Administrator.
[FR Doc. 2026-01226 Filed 1-22-26; 8:45 am]
BILLING CODE 4910-13-P