[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14679]


[[Page Unknown]]

[Federal Register: June 16, 1994]


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Part XII





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91




Temporary Flight Restrictions; Proposed Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 26605; Notice No. 91-14]
RIN 2120-AD-55

 
Temporary Flight Restrictions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM); withdrawal.

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SUMMARY: This document withdraws a proposal to amend the Federal 
Aviation Regulations to require the operator of an aircraft used in 
conducting authorized news-gathering operations in an area covered by 
temporary flight restrictions (TFR) to contact the official in charge 
of the on-scene emergency response activities for the purpose of 
obtaining information about current and forecasted disaster relief 
aircraft activities. The objective of the NPRM was to increase the 
level of safety afforded aircraft used in conducting rescue or disaster 
relief operations. The FAA has carefully considered all of the comments 
received in response to the NPRM and as a result has concluded that 
safety in TFR's can be increased through procedural versus regulatory 
means. Accordingly, the NPRM is being withdrawn.

FOR FURTHER INFORMATION CONTACT:
Ms. Ellen Crum, Air Traffic Rules Branch, ATP-230, Airspace-Rules and 
Aeronautical Information Division, Air Traffic Rules and Procedures 
Service, Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591; telephone (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1991, the FAA published Notice No. 91-14 (56 FR 34000). 
The NPRM proposed amending Sec. 91.137(c)(5) of the Federal Aviation 
Regulations (FAR) to require that: (1) All pilots of aircraft carrying 
properly accredited media personnel initially contact the official in 
charge of on-scene emergency response activities to ascertain the 
routes, altitudes, and operating areas in use by disaster relief 
aircraft; and (2) the aircraft be operated clear of all disaster relief 
aircraft operations identified by the official in charge. Currently, 
when TFR's are established for the purpose of providing a safe 
environment for the operation of disaster relief aircraft, aircraft 
carrying properly accredited newspeople may enter the prescribed area 
without prior approval, provided a flight plan has been filed. However, 
the aircraft must be operated above the altitude(s) being used by 
rescue or disaster relief aircraft. The process a pilot uses to 
determine which altitudes are being utilized is not prescribed in the 
current regulation.

Discussion of Comments

    Thirty-one comments were received in response to the NPRM (the 
comment period closed September 23, 1991). Most commenters supported 
the goal of the NPRM to promote increased air traffic safety in TFR's; 
however, the best means to accomplish this was disputed.
    Several commenters recommended that a common disaster frequency be 
established for all aircraft. Other commenters expressed concern over 
the potential inability of media aircraft to communicate with emergency 
ground officials, suggesting that on-scene ground officials be required 
to possess an aircraft compatible two-way radio. Suggestions were made 
to require pilot monitoring of the frequency while in the disaster 
area. Finally, suggestions were made to incorporate this proposed rule 
into the Airman's Information Manual rather than add it to the FAR.
    The FAA recognizes the potential merit of this proposal and 
acknowledges the validity of the express concerns. Since this NPRM was 
published, the FAA has been reviewing regulations and procedures 
currently utilized for temporary flight restrictions.
    In addition to aircraft carrying news media encountering 
difficulties in determining the altitude being used by disaster relief 
aircraft, other TFR problems have been cited. These problems include 
pilots being unable to receive the location of a TFR area in a timely 
manner; aircraft on instrument flight rules (IFR) flight plans and 
military aircraft on IFR training routes intruding into the TFR; the 
large number of aircraft in TFR's implemented for an incident or event 
generating a high degree of public interest; and the untimely process 
used to put TFR's in place, particularly when they involve critical 
situations such as toxic spills. In addition, of the 13 documented 
incidents in TFR's, only 2 were confirmed to be aircraft carrying news 
media. The other incidents involved general aviation aircraft or 
military aircraft that inadvertently penetrated the TFR's. The reason 
most often given was lack of information about the existence of the TFR 
and the inability to positively identify the TFR location.

Reasons for Withdrawal

    Based on the comments received in response to Notice No. 94-14, and 
the additional data as stated above, the FAA has determined that there 
is inadequate justification to pursue further this regulatory action. 
The FAA has determined that additional study of current TFR procedures, 
which may include parts of Notice No. 91-14, is necessary. Therefore, 
it is in the best interest of all concerned to withdraw Notice No. 91-
14.

The Decision and Withdrawal

    Accordingly, the FAA concludes that further rulemaking on Notice 
No. 91-14 should not proceed at this time. Therefore, Notice No. 91-14 
is withdrawn. This action does not preclude the FAA from considering 
similar proposals in the future or commit it to any further or future 
course of action on this subject.
    The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 1301(7), 1303, 1344, 1348, 1352 through 
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 
2121 through 2125; Articles 12, 29, 31, and 31(a) of the Convention 
on International Civil Aviation (61 Stat. 1180); 42 U.S.C. 4321 et 
seq: E.O. 11514; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 
12, 1983).

    Issued in Washington DC on June 8, 1994.
Harold W. Becker,
Acting Director, Air Traffic, Rules and Procedures Service.
[FR Doc. 94-14679 Filed 6-15-94; 8:45 am]
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