mckpickle
Well-known member
- Joined
- Aug 5, 2002
- Posts
- 1,242
Not sure if this has been posted yet
Under 49 U.S.C. § 46105(c), the Administrator has determined that an
emergency exists related to safety in air commerce and that immediate
action to revoke your Private Pilot Certificate No. 1973530 with airplane
single engine land ratings is required. The reasons for this
determination are set forth in the paragraph below entitled
"Determination of Emergency."
Based on an investigation and all evidence presently before the
Administrator, the Administrator finds that:
1. You are the holder of Private Pilot Certificate No. 1973530
issued under part 61 of the Federal Aviation Regulations.
2. On or about May 11, 2005, you acted as pilot in command of civil
aircraft N5826G, a Cessna 150 aircraft, on a passenger-carrying visual
flight rules flight, originating from Smoketown, Pennsylvania ("the
flight").
3. You acted as pilot in command of the flight when you had not made
at least three takeoffs and three landings within the preceding 90 days.
4. Before the flight, you planned a route of flight through the
Washington DC Metropolitan Area Air Defense Identification Zone ("DC
ADIZ").
5. You used February 17, 2005, edition of the Washington sectional
aeronautical chart ("the chart") for your flight planning.
6. The chart depicts the DC ADIZ, including the Flight Restricted
Zone (FRZ), Prohibited Areas P-40 and P-56, and the Washington Tri-Area
Class B Airspace.
7. The description of the DC ADIZ on the chart states that the
airspace comprising the DC ADIZ is from the surface to, but not
including, Flight Level 180.
8. Civil aircraft N5826G is an aircraft with dual controls.
9. During the flight, you permitted the passenger to manipulate
the controls.
10. The passenger was a student pilot who, at the time of the
flight, only had approximately 30 hours of flight time and was not
endorsed for solo cross-country flight.
11. During the flight, you as pilot in command retained sole
responsibility for the safe operation of the aircraft.
12. During the flight, you failed to exercise the navigation and
communications skills needed to ensure the safe operation of the aircraft
and appropriate to the holder of a private pilot certificate.
13. Before the flight, you failed to take proper preflight action,
in that you failed to become familiar with all available information
concerning that flight, including the Notices to Airmen (NOTAMs) that
were in effect for your intended route of flight.
14. Before the flight, you failed to obtain an enroute weather
briefing.
15. You planned to use the VHF Omnidirectional Range navigation
system ("the VOR") to navigate civil aircraft N5826G during the flight.
16. The navigation plan you prepared for the flight was incorrect
for using the VOR to navigate civil aircraft N5826G on the intended
flight path.
17. Shortly after departing Smoketown, you became lost.
18. At no time after you became lost did you contact air traffic
control or a flight service station to obtain assistance to establish
your location.
19. You operated civil aircraft N5826G into the Washington Tri-Area
Class B airspace in and around the vicinity of Baltimore-Washington
International Airport.
20. You operated within the Class B airspace area when you had not
received an air traffic control clearance for operation within that area.
21. Before you operated civil aircraft N5826G within the Class B
airspace in and around the vicinity of BWI Airport, you failed to
establish two-way radio communication with the air traffic facility
providing air traffic services to that area, and as a result, you failed
to maintain two-way radio communication with the air traffic facility
while operating within the Class B airspace.
22. You operated civil aircraft N5826G into the DC ADIZ.
23. At all times mentioned in this document, FDC NOTAM 3/2126
("the NOTAM") was in effect and placed restrictions on aircraft
operations within the DC ADIZ.
24. The NOTAM prohibited operations of aircraft within the area
described in the NOTAM, except in accordance with the operating
requirements and procedures specified in the NOTAM.
25. Before the flight, you failed to become familiar with the
flight restrictions contained in the NOTAM pertaining to the DC ADIZ.
26. You operated civil aircraft N5826G within the areas described
in the NOTAM for the DC ADIZ and did not comply with the operating
requirements and procedures for that area.
27. A U.S. Customs Service Blackhawk helicopter and a Citation
aircraft were launched and intercepted the aircraft you were operating.
28. When you were intercepted as described in paragraph 27, you
were still unaware of your location and believed you were in the vicinity
of Prohibited Area P-40, located approximately 35-40 nautical miles from
your actual location.
29. Even after the interception as described in paragraph 27, you
continued to allow the passenger to manipulate the controls of the
aircraft and continued to operate civil aircraft N5826G farther into the
DC ADIZ and entered the Flight Restricted Zone (FRZ).
30. At all times mentioned in this document, the NOTAM was in
effect and placed restrictions on aircraft operations within the FRZ.
31. The NOTAM prohibited operations of aircraft within the FRZ, as
described in the NOTAM, except in accordance with the operating
requirements and procedures specified in the NOTAM.
32. Before the flight, you failed to become familiar with the
flight restrictions and procedures contained in the NOTAM pertaining to
the FRZ.
33. You operated civil aircraft N5826G within the FRZ and did not
comply with the operating requirements and procedures for that operation.
34. As you were operating civil aircraft N5826G in the FRZ, you
were intercepted by F-16 military aircraft.
35. The F-16 military aircraft fired flares in the vicinity of
civil aircraft N5826G.
36. You did not know how to respond to the military aircraft that
intercepted your aircraft.
37. Even after the F-16 aircraft fired flares, you continued to
operate civil aircraft N5826G in the FRZ.
38. After the F-16 aircraft fired flares, civil aircraft N5826G
turned to the west and you operated in a westerly direction toward
Prohibited Area P-56B.
39. Certain areas in the District of Columbia are designated as
prohibited areas with respect to the operation of aircraft therein.
These areas are captioned "P-56 District of Columbia" and the boundaries
described in detail in section 73.87 of the Federal Aviation Regulations,
14 C.F.R. § 73.87. Prohibited Area P-56 is described as comprising two
distinct areas--P-56A and P-56B, each including the altitude between the
surface and 18,000 feet MSL (mean sea level):
(a) P-56A comprises the larger and southernmost of the two, (it
includes the Lincoln Memorial, Washington Monument, White House, and U.S.
Capitol Building, among other landmarks).
(b) P-56B is located northwest of P-56A, and includes the U.S. Naval
Observatory.
40. On May 11, 2005, the United States Secret Service was the
using and controlling agency for Prohibited Area P-56.
41. You operated civil aircraft N5826G into Prohibited Area P-56B.
42. At no time prior to or during your operation of civil aircraft
N5826G, as described above, did you obtain permission from the United
States Secret Service to enter Prohibited Area P-56B.
43. As a consequence of the facts and circumstances set forth in
paragraphs 39-42, you operated civil aircraft N5826G within Prohibited
Area P-56B when you did not have permission of the using or controlling
agency to do so.
44. Notwithstanding the facts and circumstances set forth in
paragraphs 2-43, you did not take over the physical manipulation of the
controls from your passenger.
45. Based on the facts and circumstances set forth in paragraphs
2-44, you operated civil aircraft N5826G in a careless or reckless manner
so as to endanger the life or property of another.
..................................................................................
Under 49 U.S.C. § 46105(c), the Administrator has determined that an
emergency exists related to safety in air commerce and that immediate
action to revoke your Private Pilot Certificate No. 1973530 with airplane
single engine land ratings is required. The reasons for this
determination are set forth in the paragraph below entitled
"Determination of Emergency."
Based on an investigation and all evidence presently before the
Administrator, the Administrator finds that:
1. You are the holder of Private Pilot Certificate No. 1973530
issued under part 61 of the Federal Aviation Regulations.
2. On or about May 11, 2005, you acted as pilot in command of civil
aircraft N5826G, a Cessna 150 aircraft, on a passenger-carrying visual
flight rules flight, originating from Smoketown, Pennsylvania ("the
flight").
3. You acted as pilot in command of the flight when you had not made
at least three takeoffs and three landings within the preceding 90 days.
4. Before the flight, you planned a route of flight through the
Washington DC Metropolitan Area Air Defense Identification Zone ("DC
ADIZ").
5. You used February 17, 2005, edition of the Washington sectional
aeronautical chart ("the chart") for your flight planning.
6. The chart depicts the DC ADIZ, including the Flight Restricted
Zone (FRZ), Prohibited Areas P-40 and P-56, and the Washington Tri-Area
Class B Airspace.
7. The description of the DC ADIZ on the chart states that the
airspace comprising the DC ADIZ is from the surface to, but not
including, Flight Level 180.
8. Civil aircraft N5826G is an aircraft with dual controls.
9. During the flight, you permitted the passenger to manipulate
the controls.
10. The passenger was a student pilot who, at the time of the
flight, only had approximately 30 hours of flight time and was not
endorsed for solo cross-country flight.
11. During the flight, you as pilot in command retained sole
responsibility for the safe operation of the aircraft.
12. During the flight, you failed to exercise the navigation and
communications skills needed to ensure the safe operation of the aircraft
and appropriate to the holder of a private pilot certificate.
13. Before the flight, you failed to take proper preflight action,
in that you failed to become familiar with all available information
concerning that flight, including the Notices to Airmen (NOTAMs) that
were in effect for your intended route of flight.
14. Before the flight, you failed to obtain an enroute weather
briefing.
15. You planned to use the VHF Omnidirectional Range navigation
system ("the VOR") to navigate civil aircraft N5826G during the flight.
16. The navigation plan you prepared for the flight was incorrect
for using the VOR to navigate civil aircraft N5826G on the intended
flight path.
17. Shortly after departing Smoketown, you became lost.
18. At no time after you became lost did you contact air traffic
control or a flight service station to obtain assistance to establish
your location.
19. You operated civil aircraft N5826G into the Washington Tri-Area
Class B airspace in and around the vicinity of Baltimore-Washington
International Airport.
20. You operated within the Class B airspace area when you had not
received an air traffic control clearance for operation within that area.
21. Before you operated civil aircraft N5826G within the Class B
airspace in and around the vicinity of BWI Airport, you failed to
establish two-way radio communication with the air traffic facility
providing air traffic services to that area, and as a result, you failed
to maintain two-way radio communication with the air traffic facility
while operating within the Class B airspace.
22. You operated civil aircraft N5826G into the DC ADIZ.
23. At all times mentioned in this document, FDC NOTAM 3/2126
("the NOTAM") was in effect and placed restrictions on aircraft
operations within the DC ADIZ.
24. The NOTAM prohibited operations of aircraft within the area
described in the NOTAM, except in accordance with the operating
requirements and procedures specified in the NOTAM.
25. Before the flight, you failed to become familiar with the
flight restrictions contained in the NOTAM pertaining to the DC ADIZ.
26. You operated civil aircraft N5826G within the areas described
in the NOTAM for the DC ADIZ and did not comply with the operating
requirements and procedures for that area.
27. A U.S. Customs Service Blackhawk helicopter and a Citation
aircraft were launched and intercepted the aircraft you were operating.
28. When you were intercepted as described in paragraph 27, you
were still unaware of your location and believed you were in the vicinity
of Prohibited Area P-40, located approximately 35-40 nautical miles from
your actual location.
29. Even after the interception as described in paragraph 27, you
continued to allow the passenger to manipulate the controls of the
aircraft and continued to operate civil aircraft N5826G farther into the
DC ADIZ and entered the Flight Restricted Zone (FRZ).
30. At all times mentioned in this document, the NOTAM was in
effect and placed restrictions on aircraft operations within the FRZ.
31. The NOTAM prohibited operations of aircraft within the FRZ, as
described in the NOTAM, except in accordance with the operating
requirements and procedures specified in the NOTAM.
32. Before the flight, you failed to become familiar with the
flight restrictions and procedures contained in the NOTAM pertaining to
the FRZ.
33. You operated civil aircraft N5826G within the FRZ and did not
comply with the operating requirements and procedures for that operation.
34. As you were operating civil aircraft N5826G in the FRZ, you
were intercepted by F-16 military aircraft.
35. The F-16 military aircraft fired flares in the vicinity of
civil aircraft N5826G.
36. You did not know how to respond to the military aircraft that
intercepted your aircraft.
37. Even after the F-16 aircraft fired flares, you continued to
operate civil aircraft N5826G in the FRZ.
38. After the F-16 aircraft fired flares, civil aircraft N5826G
turned to the west and you operated in a westerly direction toward
Prohibited Area P-56B.
39. Certain areas in the District of Columbia are designated as
prohibited areas with respect to the operation of aircraft therein.
These areas are captioned "P-56 District of Columbia" and the boundaries
described in detail in section 73.87 of the Federal Aviation Regulations,
14 C.F.R. § 73.87. Prohibited Area P-56 is described as comprising two
distinct areas--P-56A and P-56B, each including the altitude between the
surface and 18,000 feet MSL (mean sea level):
(a) P-56A comprises the larger and southernmost of the two, (it
includes the Lincoln Memorial, Washington Monument, White House, and U.S.
Capitol Building, among other landmarks).
(b) P-56B is located northwest of P-56A, and includes the U.S. Naval
Observatory.
40. On May 11, 2005, the United States Secret Service was the
using and controlling agency for Prohibited Area P-56.
41. You operated civil aircraft N5826G into Prohibited Area P-56B.
42. At no time prior to or during your operation of civil aircraft
N5826G, as described above, did you obtain permission from the United
States Secret Service to enter Prohibited Area P-56B.
43. As a consequence of the facts and circumstances set forth in
paragraphs 39-42, you operated civil aircraft N5826G within Prohibited
Area P-56B when you did not have permission of the using or controlling
agency to do so.
44. Notwithstanding the facts and circumstances set forth in
paragraphs 2-43, you did not take over the physical manipulation of the
controls from your passenger.
45. Based on the facts and circumstances set forth in paragraphs
2-44, you operated civil aircraft N5826G in a careless or reckless manner
so as to endanger the life or property of another.
..................................................................................