[Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)]
[Proposed Rules]
[Pages 27160-27163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12517]
[[Page 27159]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 91
Airspace and Flight Operations Requirements for Kodak Albuquerque
International Balloon Fiesta; Albuquerque, NM; Proposed Rule
Federal Register / Vol. 64, No. 95 / Tuesday, May 18, 1999 / Proposed
Rules
[[Page 27160]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 29279; Notice No. 99-06]
RIN 2120-AG79
Airspace and Flight Operations Requirements for Kodak Albuquerque
International Balloon Fiesta; Albuquerque, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes a Special Federal Aviation Regulation
(SFAR), applicable for the periods of October 2 through October 10,
1999, and October 7 through October 15, 2000, to establish a temporary
flight restriction (TFR) area for the 1999 and 2000 Kodak Albuquerque
International Balloon Fiestas (KAIBF). The FAA is proposing this action
to manage aircraft operating in the vicinity of the KAIBF, and to
prevent any unsafe congestion of sightseeing and other aircraft over
and around the Balloon Fiesta launch site.
DATES: Comments must be received on or before July 19, 1999.
ADDRESSES: Comments on this document should be mailed or delivered, in
duplicate, to: U.S. Department of Transportation Dockets, Docket No.
29279, 400 Seventh Street SW., Room Plaza 401, Washington, DC 20590.
Comments also may be sent electronically to the following Internet
address: [email protected]. Comments may be filed and examined in
Room Plaza 401 between 10 a.m. and 5 p.m. weekdays, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this document also are invited. Substantive comments
should be accompanied by cost estimates. Comments must identify the
regulatory docket or notice number and be submitted in duplicate to the
DOT Rules Docket address specified above.
All comments received, as well as a report summarizing each
substantive public contact with FAA personnel concerning this proposed
rulemaking, will be filed in the docket. The docket is available for
public inspection before and after the comment closing date.
All comments received on or before the closing date will be
considered by the Administrator before taking action on this proposed
rulemaking. Comments filed late will be considered as far as possible
without incurring expense or delay. The proposals in this document may
be changed in light of the comments received.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this document must include a pre-addressed,
stamped postcard with those comments on which the following statement
is made: ``Comments to Docket No. 29279'' The postcard will be date
stamped and mailed to the commenter.
Availability of NPRM
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 (GPO)'s electronic bulletin
board service (telephone: (202) 512-1661), or, if applicable, 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 GPO's web page at http://
www.access.gpo.gov/nara for access to recently published rulemaking
documents.
Any person may obtain a copy of this document 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 notice number
or docket number of this NPRM.
Persons interested in being placed on the mailing list for future
rulemaking documents should request from the above office a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Background
The KAIBF will be held on October 2 through October 10, 1999, and
the following year on October 7 through October 15, 2000, at a site 9
miles north of Albuquerque International Sunport, in Albuquerque, NM.
This proposed SFAR would establish a TFR area to provide for the
safety of persons and property in the air and on the ground during the
KAIBF. The proposed TFR area would 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 would retain the ability to manage aircraft through the TFR area in
accordance with established ATC procedures.
Specifically, the proposed TFR area would be 9 miles north of the
Albuquerque International Sunport ATCT and just west of Interstate
Highway 25 (I-25). The TFR area would 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 would encompass a 4-nautical-mile radius, extending from the
surface up to but not including 8,000 feet mean sea level (MSL). The
TFR area would be in effect between the hours of 0530 mountain daylight
time MDT and 1200 MDT, and from 1600 MDT until 2200 MDT on October 2
through October 10, 1999, and October 7 through October 15, 2000.
Unauthorized aircraft would be required to remain clear of this area
during these times.
The location, dimensions, and effective times of the proposed TFR
area would be published and disseminated via the Notice to Airmen
(NOTAM) system.
Exceptions
The proposed SFAR would contain provisions to provide for flexible,
efficient management and control of air traffic. ATC would have the
authority to give priority to, or exclude from the requirements of the
SFAR, certain flight operations dealing with or containing personnel or
equipment for essential military, medical emergency, rescue, or law
enforcement purposes, and transportation of the President, or 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
[[Page 27161]]
publication on aeronautical charts or in other operational
publications, receives immediate dissemination via the NOTAM system.
All domestic operators planning flights to the KAIBF would 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 regulatory information, such as amendments to
aeronautical charts and restrictions to flight. FDC NOTAM and NOTAM D
information also would be provided to international operators in the
form of International NOTAMs. NOTAMs are distributed through the
National Communications Center in Kansas City, Missouri, for
transmission to all air traffic facilities having telecommunications
access.
Pilots and operators would need to consult the monthly NOTAM
Domestic/International publication. This publication contains FDC NOTAM
and NOTAM D information. Special information, including graphics, would
be published in the biweekly publication several weeks 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 understand clearly that the proposed SFAR
is in addition to other laws and regulations of the United States. The
SFAR would not waive or supersede any U.S. statute or obligation. When
operating within the jurisdictional limits of the United States,
operators of foreign aircraft must conform with all applicable
requirements of U.S. Federal, State, and local governments. In
particular, aircraft operators planning flights into the United States
must be aware of and conform to the rules and regulations established
by the:
1. U.S. Department of Transportation regarding flights entering the
United States;
2. U.S. Customs Service, Immigration and other authorities
regarding customs, immigrations, health, firearms, and imports/exports;
3. U.S. FAA regarding flight within or into U.S. airspace. This
includes compliance with parts 91, 121 and 135 of Title 14, Code of
Federal Regulations regarding operations into or within the United
States through air defense identification zones, and compliance with
general flight rules; and,
4. Airport management authorities regarding use of airports and
airport facilities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA has determined that there are no requirements for
information collection associated with this proposed rule.
Compatibility With ICAO Standards
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these proposed 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 this proposed rule is not ``a
significant regulatory action'' under section 3(f) of Executive Order
12866 and, therefore, is not subject to review by the Office of
Management and Budget. This proposed rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034, February 26, 1979). This proposed rule
would not have a significant impact on a substantial number of small
entities and would not constitute a barrier to international trade. The
FAA invites the public to provide comments and supporting data on the
assumptions made in this evaluation. All comments received will be
considered in the final regulatory evaluation.
This regulatory evaluation examined the costs and benefits of the
proposed SFAR applicable for the periods October 2 through October 10,
1999, and October 7 through October 15, 2000. The SFAR proposes to
establish a TFR area for the 1999 and 2000 KAIBF to be held in
Albuquerque, NM. Because the impacts of the proposed change are
relatively minor, this economic summary constitutes the analysis, and
no regulatory evaluation will be placed in the docket.
The major economic impact, in this case, would 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, any circumnavigation costs would
be negligible.
The benefits of the proposed TFR airspace would 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 benefits are commensurate with the small costs
attributed to the temporary inconvenience of the flight restrictions
for operators near the TFR area.
Initial Regulatory Flexibility Act Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance, that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of
businesses, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA 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 as described in
the RFA.
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 RFA 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, would be the inconvenience
of circumnavigation to operators who may
[[Page 27162]]
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, any
circumnavigation costs would be negligible.
Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C.
605(b), the FAA certifies that this rule would not have a significant
economic 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 proposed rule would have little or no impact
on trade for U.S. firms doing business in foreign countries and foreign
firms doing business in the United States.
Federalism Implications
The regulation proposed herein would 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
proposed regulation would 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),
codified in 2 U.S.C. 1501-1571, 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 proposed
``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that would 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 proposed rule does not contain a Federal intergovernmental or
private sector mandate that exceeds $100 million in any one year.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or environmental impact statement. In
accordance with FAA Order 1050.1D, this rulemaking action qualifies for
a categorical exclusion.
This proposed action would establish a TFR area for safety purposes
and would curtail or limit certain aircraft operations within a
designated area on defined dates and times. Additionally, this proposed
action would be 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 would retain the ability to direct aircraft through the
restricted area in accordance with normal traffic flows. The FAA has
determined that the proposed establishment of a TFR area would have
minimal impact on ATC operations.
Further, this action would reduce aircraft activity in the vicinity
of the Balloon Fiesta by restricting aircraft operations. There would
be fewer aircraft operations in the vicinity of the Balloon Fiesta than
would occur if the TFR area were not in place, and noise levels
associated with that greater aircraft activity would also be reduced.
Additionally, aircraft avoiding the TFR area would not be routed over
any particular area. This action would not, therefore, result in any
long-term action that would routinely route aircraft over noise-
sensitive areas. For the reasons stated above, the FAA concludes that
this proposed rule would not significantly affect the quality of the
human environment.
Energy Impact
The energy impact of the notice has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA), Pub. L. 94-163, and
FAA Order 1053.1. It has been determined that the notice is not a major
regulatory action under the provisions of the EPCA.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airports, Aviation safety.
The Proposed Special Federal Aviation Regulation (SFAR)
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend part 91 of Title 14, Code of Federal
Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 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.
[Insert SFAR No. ] to read as follows:
SFAR No. [XXX]-Airspace and Flight Operations Requirements for the
1999 and 2000 Kodak Albuquerque International Balloon Fiestas,
Albuquerque, NM
1. General. (a) Each person shall be familiar with all Notices to
Airmen (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 United States shall be
familiar with any international NOTAMs issued pursuant to this SFAR.
NOTAMs are available for inspection at operating Federal Aviation
Administration air traffic facilities and regional air traffic division
offices.
(b) Notwithstanding any provision of Title 14, Code of Federal
Regulations, no person may operate an aircraft contrary to any
restriction procedure specified in this SFAR, or through a NOTAM issued
pursuant to this SFAR, or by the Administrator.
(c) As conditions warrant, the Administrator is authorized to--
(1) Restrict, prohibit, or permit IFR/VFR (instrument flight rules/
visual flight rules) 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
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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-nautical-mile radius centered on the Albuquerque Very High
Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC)
038 deg. radial 14 distance measuring equipment (DME) fix from the
surface up to but not including 8,000 feet mean sea level unless
otherwise authorized by Albuquerque Airport Traffic Control Tower.
3. Dates and Times of Designation. (a) October 2 through October
10, 1999, and October 7 through October 15, 2000, from 0530 MDT until
1200 MDT.
(b) October 2 through October 10, 1999, and October 7 through
October 15, 2000, from 1600 MDT until 2200 MDT.
4. Expiration. This Special Federal Aviation Regulation expires on
October 16, 2000.
Issued in Washington, DC, on May 6, 1999.
Reginald C. Matthews,
Acting Program Director, Air Traffic Airspace Management.
[FR Doc. 99-12517 Filed 5-17-99; 8:45 am]
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