Hello,
I have a question about ADIZ procedures that I hope someone can help me with. I am trying to get clarification on the regulation through a scenario, more than addressing the convenience of the proposed route or its safety.
The scenario
Let's assume a pilot wants to fly VFR from KAPF to KEYW direct in a C172. She requests flight following to Naples clearance delivery frequency and, after getting a squawk code, departs Naples southbound planning to be in contact with ATC until she lands in Key West. She is now 20 nm S of KAPF, about to penetrate the US ADIZ, while in contact with Miami Center, but with no DVFR or any type of flight plan on file.
Some background information about what the regulations say
1) 14 CFR 99.11 states that "no person may operate an aircraft into, within, or from a departure point within an ADIZ, unless the person files, activates, and closes a flight plan with the appropriate aeronautical facility, or is otherwise authorized by air traffic control."
2) Also, 14 CFR 99.9 states that "no person may operate an aircraft into, within, or whose departure point is within an ADIZ unless [t]he person files a DVFR flight plan containing the time and point of ADIZ penetration."
3) There are also other requirements such as to maintain two-radio communication (99.9) and a radar transponder (99.13) that the aircraft has to comply with.
4) In 14 CFR 99.1 we learn that there are some exemptions to the above requirements, one of which could apply to our scenario. "An FAA ATC center may exempt the following operations from this subpart (except§ 99.7) on a local basis only, with the concurrence of the U.S. military commanders concerned, or pursuant to an agreement with a U.S. Federal security or intelligence agency: (1) Aircraft operations that are conducted wholly within the boundaries of an ADIZ and are not currently significant to the air defense system."
The main question
Can she proceed and fly her planned route through the ADIZ without filing a DVFR flight plan?
Two follow-up questions
A. Is the described flight from KAPF to KEYW direct exempted from some or all of the ADIZ requirements in the grounds of 14 CFR 99.1(c)(1) quoted in (3) above? If so, where would we find the document supporting such exemption, that is, the agreement between Miami ARTCC and the appropriate military command to wave the requirements for the PIC stated in 14 CFR 99?
B. Both 14 CFR 99.9 and 99.11 seem to require for any aircraft crossing the ADIZ to file a DVFR flight plan. However, 99.11 seems to open another possibility alternative to filing, opening and closing a flight plan, when it states "or is otherwise authorized by air traffic control", whereas 99.9 (which mostly talks about radio requirements) does not seem to allow for that. What is the correct interpretation and why?
I am very grateful for your comments, insights, and opinions.
Thank you!
I have a question about ADIZ procedures that I hope someone can help me with. I am trying to get clarification on the regulation through a scenario, more than addressing the convenience of the proposed route or its safety.
The scenario
Let's assume a pilot wants to fly VFR from KAPF to KEYW direct in a C172. She requests flight following to Naples clearance delivery frequency and, after getting a squawk code, departs Naples southbound planning to be in contact with ATC until she lands in Key West. She is now 20 nm S of KAPF, about to penetrate the US ADIZ, while in contact with Miami Center, but with no DVFR or any type of flight plan on file.
Some background information about what the regulations say
1) 14 CFR 99.11 states that "no person may operate an aircraft into, within, or from a departure point within an ADIZ, unless the person files, activates, and closes a flight plan with the appropriate aeronautical facility, or is otherwise authorized by air traffic control."
2) Also, 14 CFR 99.9 states that "no person may operate an aircraft into, within, or whose departure point is within an ADIZ unless [t]he person files a DVFR flight plan containing the time and point of ADIZ penetration."
3) There are also other requirements such as to maintain two-radio communication (99.9) and a radar transponder (99.13) that the aircraft has to comply with.
4) In 14 CFR 99.1 we learn that there are some exemptions to the above requirements, one of which could apply to our scenario. "An FAA ATC center may exempt the following operations from this subpart (except§ 99.7) on a local basis only, with the concurrence of the U.S. military commanders concerned, or pursuant to an agreement with a U.S. Federal security or intelligence agency: (1) Aircraft operations that are conducted wholly within the boundaries of an ADIZ and are not currently significant to the air defense system."
The main question
Can she proceed and fly her planned route through the ADIZ without filing a DVFR flight plan?
Two follow-up questions
A. Is the described flight from KAPF to KEYW direct exempted from some or all of the ADIZ requirements in the grounds of 14 CFR 99.1(c)(1) quoted in (3) above? If so, where would we find the document supporting such exemption, that is, the agreement between Miami ARTCC and the appropriate military command to wave the requirements for the PIC stated in 14 CFR 99?
B. Both 14 CFR 99.9 and 99.11 seem to require for any aircraft crossing the ADIZ to file a DVFR flight plan. However, 99.11 seems to open another possibility alternative to filing, opening and closing a flight plan, when it states "or is otherwise authorized by air traffic control", whereas 99.9 (which mostly talks about radio requirements) does not seem to allow for that. What is the correct interpretation and why?
I am very grateful for your comments, insights, and opinions.
Thank you!
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