[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]]

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Part VII





Department of Transportation





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Federal Aviation Administration



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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

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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]
BILLING CODE 4910-13-P