In article , Peter Clark wrote:

(Somebody else wrote this particular paragraph, not Peter.)

91.3 doesn't give you carte blanche to do whatever you want. It gives you
the authority to deviate from the rules *to the extent required* to deal
with the emergency.

I've lost track of the attribution for the above comment, but should
note that there has been cases in the past where a pilot had to deviate
from ATC instructions in order to deal with an immediate emergency,
dealt with it safely, but then got dinged by the FAA when they didn't
accept his situation as having had qualified under that provision.

One may *always* exercise authority under this provision, but it may not
necessarily be consequence-free.

... and a communication failure in the ADIZ is a bona fide emergency
even in circumstances which, outside the ADIZ, would be a non-event. It
may well be better to turn around and land nearby than to point the nose
outward and drone on for fifteen minutes in an unexpected direction.

It's hardly an unexpected direction, considering there's a NOTAM
instructing you to do exactly that:

!FDC 4/5555 ZDC SPECIAL NOTICE... EFFECTIVE IMMEDIATELY UNTIL
FURTHER NOTICE. PURSUANT TO 14 CFR SECTION 99.7, SPECIAL SECURITY
INSTRUCTIONS, THE FOLLOWING PROCEDURES ARE IN EFFECT:
A. ANY PERSON OPERATING AN AIRCRAFT WITHIN THE WASHINGTON, DC
METROPOLITAN AREA AIR DEFENSE IDENTIFICATION ZONE (DC ADIZ),
IMMEDIATELY UPON BECOMING AWARE OF AN INABILITY TO COMPLY WITH THE
REQUIREMENT TO CONTINUOUSLY TRANSMIT THE ATC ASSIGNED TRANSPONDER
CODE, SHALL EXIT THE DC ADIZ BY FLYING THE MOST DIRECT COURSE TO
OUTSIDE THE LATERAL LIMITS OF THE DC ADIZ.

OK, this NOTAM handles the case of no transponder, but what about no 2
way comm's?

That's a good point, though I would have to say that the general intent
is such that partial or complete loss in communications (including nav
related and voice communications) while in the ADIZ would most likely
and ordinarily result in an escort outside of the ADIZ to further
resolve.

(With laws and rules, the intent behind it is just as important as the
letter of the rule/law.)

One of the rationale behind this is that it is possible for a flight
crew to be overpowered when nearing a target and then go 'no comm'; how
does the ADIZ-watchers distinguish an accident from malicious intent?
Hence, err on side of caution by requiring an immediate exit.

Obviously, if one was on fire or had a situation that just *couldn't*
wait, then one does best one can to deal with it, and hope one isn't
shot down in the process.

If it was one of the simpler situations, then I'd just say to turn
'round and head out and deal with it elsewhere. No comm by itself is not
an emergency -- I say this as I exclusively fly NORDO. :-)

As long as he's still squawking the code, I would think turn around
and land at nearest suitable field (squawk 7600 for a minute or two
and then go back to assigned code?) should work to remain within the
limits of both requirements. Course, I wouldn't turn *toward* the
city or FRZ, but if there's an airfield right near me?

I guess that'd depend on if one can land there faster than the escorts
can show up.

Otherwise, the escorts might have different ideas as to where to go
next.

-Dan