[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]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
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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