[Federal Register Volume 63, Number 187 (Monday, September 28, 1998)]
[Rules and Regulations]
[Pages 51768-51770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25848]



[[Page 51767]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR 91



Airspace and Flight Operations Requirements for the Kodak Albuquerque 
International Balloon Fiesta; Albuquerque, NM; Final Rule

  Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / 
Rules and Regulations  

[[Page 51768]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29279; SFAR No. 83]
RIN 2120-AG61


Airspace and Flight Operations Requirements for the Kodak 
Albuquerque International Balloon Fiesta; Albuquerque, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a temporary flight restriction (TFR) 
area for the period of October 3 through October 11, 1998, for the 
upcoming Kodak Albuquerque International Balloon Fiesta (KAIBF). This 
TFR is necessary to manage aircraft operating in the vicinity of the 
KAIBF, and to prevent unsafe congestion of aircraft that are 
sightseeing over and around the Balloon Fiesta.

DATES: Effective Date: October 3, 1998 This rule expires October 12, 
1998.

FOR FURTHER INFORMATION CONTACT:
Terry Brown, Airspace and Rules Division, ATA-400, Office of Air 
Traffic Airspace Management, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

    An electronic copy of this document may be downloaded, using a 
modem and suitable communications software, from the FAA regulations 
section of the Fedworld electronic bulletin board service (telephone: 
703-321-3339), the Government Printing Office's electronic bulletin 
board service (telephone: 703-321-1661), or the FAA's Aviation 
Rulemaking Advisory Committee Bulletin Board service (telephone: 800-
322-2722 or 202-267-5948).
    Internet users may reach the FAA's web page at http://
www.faa.gov.avr/arm/nprm/nprm.htm or the Government Printing Office's 
webpage at http://www.access.gpo.gov/nara.html for access to recently 
published rulemaking documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the amendment 
number or docket number of this final rule.
    Persons interested in being placed on the mailing list for future 
Notices of Rulemaking and Final Rules should request from the above 
office a copy of Advisory Circular No. 11-2A, Notice of Rulemaking 
Distribution System, that describes the application procedure.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity.
    If you are a small entity and have a question, contact your local 
FAA official. If you do not know how to contact your local FAA 
official, you may contact Charlene Brown, Program Analyst Staff, Office 
of Rulemaking, ARM-27, Federal Aviation Administration, 800 
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet 
users can find additional information on SBREFA in the ``Quick Jump'' 
section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: 9-AWA-
[email protected].

Background

    The KAIBF will be held on October 3 through October 11, 1998, at a 
site 9 miles north of Albuquerque International Sunport, In 
Albuquerque, NM.
    This SFAR establishes a TFR area to provide for the safety of 
persons and property in the air and on the ground during the KAIBF. The 
TFR area will restrict aircraft operations in a specified location; 
however, access to this area may be allowed with the appropriate air 
traffic control (ATC) authorization from the Albuquerque International 
Sunport Airport Traffic Control Tower (ATCT). ATC will retain the 
ability to manage aircraft through the TFR area in accordance with 
established ATC procedures.
    Specifically, the TFR area will be 9 miles north of the Albuquerque 
International Sunport ATCT and just west of Interstate Highway 25 (I-
25). The TRF area will be centered on the Albuquerque Very High 
Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) 
038 deg. radial 14 distance measuring equipment (DME) fix. The area 
will encompass a 4 nautical mile (NM) radius, extending from the 
surface up to but not including 8,000 feet mean sea level (MSL). The 
TFR area will be in effect between the hours of 0530 Mountain Daylight 
Time (MDT) and 1200 MDT, and from 1600 MDT until 2200 MDT on October 3 
through October 11, 1998. Unauthorized aircraft will be required to 
remain clear of this area during these times.
    The location, dimensions, and effective times of the TFR area will 
be published and disseminated via the Notice to Airmen (NOTAM) system.

Exceptions

    This SFAR contains provisions to provide flexible, efficient 
management and control of air traffic. ATC will have the authority to 
give priority to, or exclude from the requirements of the special 
regulation, flight operations dealing with or containing essential 
military, medical emergency, rescue, law enforcement, Presidential, and 
heads of state.

Notice to Airmen Information

    Time-critical aeronautical information that is of a temporary 
nature, or is not sufficiently known in advance to permit publication 
on aeronautical charts or in other operational publications, receives 
immediate dissemination via the NOTAM system. All domestic operators 
planning flight to the KAIBF will need to pay particular attention to 
NOTAM D and Flight Data Center (FDC) NOTAM information.
    NOTAM D contains information on airports, runways, navigational 
aids, radar services, and other information essential to flight. An FDC 
NOTAM contains information that is regulatory in nature, such as 
amendments to aeronautical charts and restrictions to flight. FDC NOTAM 
and NOTAM D information will also be provided to international 
operators in the form of International NOTAMs. NOTAMs are distributed 
through the National Communications Center in Kansas City, MO, for 
transmission to all air traffic facilities having telecommunications 
access.
    Pilots and operators will need to consult the monthly NOTAM 
Domestic/International publication. This publication contains NOTAM FDC 
and D NOTAMs. Special information, including graphics, will be 
published in the biweekly publication in advance of the KAIBF. For more 
detailed information concerning the NOTAM system, refer to the 
Aeronautical Information Manual ``Preflight.'' section.

Other U.S. Laws and Regulations

    Aircraft operators should clearly understand that the SFAR is in 
addition to other laws and regulations of the U.S. The SFAR will not 
waive or supersede

[[Page 51769]]

any U.S. statute or obligation. When operating within the 
jurisdictional limits of the U.S., operators of foreign aircraft must 
conform to all applicable requirements of U.S. Federal, State, and 
local governments. In particular, aircraft operators planning flights 
into the U.S. must be aware of and conform to the rules and regulations 
established by the:
    1. U.S. Department of Transportation regarding flights entering the 
U.S.;
    2. U.S. Customs Service, Immigration and other authorities 
regarding customs, immigrations, health, firearms, and imports/exports;
    3. U.S. FAA regarding flight in or into U.S. airspace. This 
includes compliance with Parts 91, 121 and 135 of Title 14 of the Code 
of Federal Regulations regarding operations into or within the U.S. 
through air defense identification zones, and compliance with general 
flight rules; and,
    4. Airport management authorities regarding use of airports and 
airport facilities.

Discussion of Comments

    A notice for proposed rulemaking (NPRM) was published in the 
Federal Register on July 15, 1998 (63 FR 38236). No comments were 
received regarding this proposal. Except for minor editorial changes, 
this amendment is being adopted as proposed in the NPRM.

Effective Date

    The effective date of this rule is October 3, 1998, which coincides 
with the start of the KAIBF. The SFAR contains aeronautical information 
concerning the location, date and times that the special flight 
restrictions are in effect. In order for pilots and other affected 
entities that conduct operations in this area to be made aware 
immediately of the upcoming flight restrictions, the FAA finds that 
good cause exists pursuant to 5 U.S.C. 553(d), for making this 
amendment effective in less than 30 days to provide for the safety of 
persons and property in the air and on the ground during the KAIBF.

Environmental Effects

    This action establishes a TFR area for safety purposes and curtails 
or limits certain aircraft operations within a designated area on 
defined dates and times. Additionally, this action is temporary in 
nature and effective only for the dates and times necessary to provide 
for the management of air traffic operations and the protection of 
participants and spectators on the ground. ATC will retain the ability 
to direct aircraft through the restricted area in accordance with 
normal traffic flows. The FAA believes the establishment of a TFR area 
will have minimal impact on ATC operations.
    Further, this action reduces aircraft activity in the vicinity of 
the KAIBF by restricting aircraft operations. There will be fewer 
aircraft operations in the vicinity of the KAIBF than will occur if the 
TFR area were not in place, and noise levels associated with that 
greater aircraft activity will also be reduced. Additionally, aircraft 
avoiding the TFR area will not be routed over any particular area. This 
action will not, therefore, result in any long-term action that will 
routinely route aircraft over noise-sensitive areas. For the reasons 
stated above, the FAA concludes that this rule will not significantly 
affect the quality of the human environment.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), there are no requirements for information collection 
associated with this final rule.

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization international standards and recommended practices and 
Joint Aviation Airworthiness Authorities regulations, where they exist, 
and has identified no differences in this amendment and the foreign 
regulations.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this rule is not ``a significant 
regulatory action'' as defined in the Executive Order and the 
Department of Transportation Regulatory Policies and Procedures. This 
rule will not have a significant impact on a substantial number of 
small entities and will not constitute a barrier to international 
trade.
    This regulatory evaluation examined the costs and benefits of the 
proposed SFAR applicable for the period October 3 through October 11, 
1998. The SFAR establishes a TFR area for the upcoming KAIBF to be held 
in Albuquerque, NM. Since the impact of the proposed change are 
relatively minor, this economic summary constitutes the analysis and no 
regulatory evaluation will be placed in the docket.
    The benefits of the TFR airspace will primarily be a lowered risk 
of midair collisions between aircraft and balloons due to increased 
positive control of TFR airspace. While benefits cannot be quantified, 
the FAA believes the benefits are commensurate with the small costs 
attributed to the temporary inconvenience of the flight restrictions 
for operators near the TFR area.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 establishes ``as a principle 
of regulatory insurance that agencies shall endeavor, consistent with 
the objective of the rule and of applicable statues, to fit regulatory 
and informational requirements to the scale of the business, 
organizations, and governmental jurisdictions subject to regulation.'' 
To achieve that principle, the Act requires agencies to solicit and 
consider flexibility regulatory proposals and to explain the rational 
for their actions. The Act covers a wide-range of small entities, 
including small businesses, not-for-profit organizations and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 Act provides that 
the head of the agency may so certify and an RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    The major economic impact, in this case, will be the inconvenience 
of circumnavigation to operators who may want to operate in the area of 
the TFR. An aircraft operator could avoid the restricted airspace by 
flying over it or by circumnavigating the restricted airspace. Because 
the possibility of such occurrences is for a limited time and the 
restricted areas are limited in size, the FAA believes that any 
circumnavigation costs will be negligible.
    The FAA conducted the required review of this proposal and 
determined that it would not have a significant economic impact on a 
substantial number of small entities. As previously

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stated, the major economic impact would be the inconvenience of 
circumnavigation to operators who may want to operate in the area of 
the TFR. Because the possibility of such occurrences is for a limited 
time and the restricted area is limited in size, the FAA believes that 
any costs would be negligible.
    Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 
605(b), the FAA certifies that this rule will not have a significant 
impact on a substantial number of small entities. The FAA solicits 
comments from affected entities with respect to this finding and 
determination.

International Trade Impact Analysis

    The provisions of this rule will have no impact on trade for U.S. 
firms doing business in foreign countries and for foreign firms doing 
business in the United States.

Federalism Implications

    The regulations herein will not have substantial direct effects on 
the states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule will not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that will impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    This rule does not contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million a year.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airports, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends part 91 of Title 14, Code of Federal Regulations 
(14 CFR part 91) as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1. The authority citation for part 91 continues to read as follows:

    Authority: 49 USC 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

    2. Amend part 91 by adding Special Federal Aviation Regulation No. 
83 to read as follows:

SFAR 83--Airspace and Flight Operations Requirements for the 1998 
Kodak Albuquerque International Balloon Fiesta; Albuquerque, NM

    1. General. (a) Each person shall be familiar with all NOTAMs 
issued pursuant to this SFAR and all other available information 
concerning that operation before conducting any operation into or 
out of an airport or area specified in this SFAR or in NOTAMs 
pursuant to this SFAR. In addition, each person operating an 
international flight that will enter the U.S. shall be familiar with 
any international NOTAMs issued pursuant to this SFAR. NOTAMs are 
available for inspection at operating FAA air traffic facilities and 
regional air traffic division offices.
    (b) Notwithstanding any provision of the Title 14, Code of 
Federal Regulations, no person may operate an aircraft contrary to 
any restriction procedure specified in this SFAR or by the 
Administrator, or through a NOTAM issued pursuant to this SFAR.
    (c) As conditions warrant, the Administrator is authorized to--
    (1) Restrict, prohibit, or permit IFR/VFR operations in the 
temporary flight restricted area designated in this SFAR or in a 
NOTAM issued pursuant to this SFAR;
    (2) Give priority to or exclude the following flights from 
provisions of this SFAR and NOTAMs issued pursuant to this SFAR:
    (i) Essential military.
    (ii) Medical and rescue.
    (iii) Presidential and Vice Presidential.
    (iv) Flights carrying visiting heads of state.
    (v) Law enforcement and security.
    (vi) Flights authorized by the Director, Air Traffic Service.
    (d) For security purposes, the Administrator may issue NOTAMs 
during the effective period of this SFAR to cancel or modify 
provisions of this SFAR and NOTAMs issued pursuant to this SFAR if 
such action is consistent with the safe and efficient use of 
airspace and the safety and security of persons and property on the 
ground as affected by air traffic.
    2. Temporary Flight Restriction. At the following location, 
flight is restricted during the indicated dates and times: That 
airspace within a 4 NM radius centered on the Albuquerque VORTAC 038 
radial 14 DME fix from the surface up to but not including 8,000 
feet MSL unless otherwise authorized by Albuquerque ATCT.
    3. Dates and Times of Designation. (a) October 3 through October 
11, 1998, from 0530 MDT until 1200 MDT.
    (b) October 3 through October 11, 1998, from 1600 MDT until 2200 
MDT.
    4. Expiration. This Special Federal Aviation Regulation expires 
on October 12, 1998.

    Issued in Washington, DC, on September 23, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-25848 Filed 9-23-98; 4:58 pm]
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