The Washington DC ADIZ (Air Defense Identification Zone) restricts GA activity to the area around our Nations Capital, and presents certain procedures for operation within the zone. These restrictions and procedures were put into place shortly after September 11, 2001, and have been defined as "temporary" by FAA. In August of last year, FAA announced, by way of NPRM (Notice Of Proposed Rule Making) that there where intentions of codifying (making permanent) these procedures. This would carve in stone the good and bad of the situation. But before further action was taken on this matter, FAA, along with Homeland Security, TSA, The US Secret Service, the US Border Patrol and other government agencies affected by this action, decided to open communication with public meetings. USUA members and staff attended these meetings, held in various locations around the Washington area, and made comment on the NPRM.

The problem affecting most ultralight pilots operating in and around the ADIZ concerns the part of the rule related to transponder use. Since ultralights typically have no transponder, access to the ADIZ is prohibited. As would be expected, this condition is prohibitive to ultralight activity. Because of this problem, USUA has great concern. And, because of this concern, USUA felt a need to make the feelings and thoughts of the ultralight pilot known.

When researching data for USUA's comment to FAA, USUA EVP Dale Hooper contacted USUA Flying Club 1 in Northern Virginia (whose operational area is directly affected by the ADIZ), for input. With much thanks to Club 1 president Len Alt, USUA submitted the following comment:

To All Concerned,

While most submissions and comments to the NPRM will most likely come from General Aviation pilots and representatives, I speak to the issue from an ultralighter's perspective.

The Washington DC ADIZ has proven to be effective. It has been effective in reducing the privileges of the ultralight pilot, it has been effective in reducing the sales of and instruction in ultralight vehicles, and it has been effective in curbing the growth of sport aviation in the Washington DC/Maryland /Virginia areas. The only thing that has proven to be ineffective is the amount of increased security created by the ADIZ.

Ultralights, as you know, are defined and regulated under FAA FAR Part 103, which limits their weight to under 254 pounds, and their fuel capacity to no greater than 5 gallons. Simply put, ultralights typically fly low and slow, and are limited in their scope of operation. While cross-country flights have grown in popularity, you won't go far on 5 gallons of fuel...

A typical safe ultralight is configured with only a minimum of avionics, with usually no available flexibility to include transponders (which are not required under Part 103). These vehicles cannot operate in the ADIZ. When an ultralight pilot with the required instrumentation DOES contact Flight Services to file an advance flight plan (as required), he or she is routinely denied access.

USUA has effectively been responsible for the safe training and registering of ultralight pilots and vehicles for the past twenty years, and our training programs have not only gained FAA approval, but have served as the template for other ultralight training programs such as those operated by EAA and other organizations. Additionally, many ultralight pilots are also FAA certificated Private Pilots (or higher), but choose to fly ultralights for the sheer enjoyment of this type of craft. When the ultralight pilot who has complied with all directives concerning flight within the ADIZ is refused access, there is a dilemma. This type of prejudice cannot be tolerated.

Since grass roots sport aviation, such as characterized with ultralights, has proven to be one of the fastest growing segments of GA in the USA, it is no wonder that it was at one time very popular in this scenic and historical part of our nation. There are several ultralight clubs in the area, and USUA ultralight pilots total over 1000 in the surrounding regions. Flying contact with each other has been limited to the point where all activity has been either removed from the area, or circumvented to areas outside of the ADIZ. Ultralight pilots who at one time routinely flew to and from small flightparks and strips in and around the ADIZ have been either grounded, or have had great difficulty in pursuing their aviation activities. Simple cross country flights to neighboring activities such as fly-ins and competitions have been impossible in many cases, and for those willing to "fly-around" the ADIZ created quite a hardship (refer to the 5 gallons of fuel issue).

USUA has continually cooperated with FAA, TSA and other government agencies in regard to Homeland Security issues, and completely understand the necessity for reevaluating the US aviation environment. And, while the reasoning behind the ADIZ has basis in that reevaluation, there are issues with the current system that should not be codified into permanent existence.

USUA strongly suggests that the issues brought forth by this comment, and other comments that have been and will be submitted to this commission, be pursued. With these valuable insights, there should be not only a reevaluation of the aviation environment, but of the ADIZ as well. Do not codify the ADIZ and it's procedures, as it exists.

Respectfully Submitted,

Dale Hooper,
Executive Vice President
United States Ultralight Association (USUA)