[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44814-44816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21268]



[[Page 44813]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



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

  Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / 
Rules and Regulations  

[[Page 44814]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29279; SFAR No. 86]
RIN 2120-AG79


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

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 periods of October 2 through October 10, 1999, and October 
7 through October 15, 2000, for the 1999 and 2000 Kodak Albuquerque 
International Balloon Fiestas (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 KAIBF.

DATES: Effective date for 1999: October 2 through October 10, 1999; 
effective date for 2000: October 7 through October 15, 2000.

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: 

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 (GPO) 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 SFAR number or docket 
number of this final rule.
    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.

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 supplies by a 
small entity.
    If your organization is a small entity and you 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 Analysis 
Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591, (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 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 Special Federal Aviation Regulations (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 are will restrict aircraft 
operations in a specified location; however, access to this area maybe 
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 TFR area will be centered on the Albuquerque Very High 
Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) 
038 deg. radical 14 distance measuring equipment (DME) fix. The are 
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 2 
through October 10, 1999, and October 7 through October 15, 2000. 
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 for flexible, efficient 
management and control of air traffic. ATC has 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 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 is 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

[[Page 44815]]

system, refer to the Aeronautical Information Manual ``Preflight'' 
section.

Other U.S. Laws and Regulations

    Aircraft operators should understand that the SFAR is in addition 
to other laws and regulations of the U.S. The SFAR will not waive or 
supersede 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 within 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 of proposed rulemaking (NPRM) was published in the Federal 
Register on May 18, 1999 (64 FR 27160) and a correction was published 
on May 28, 1999 (64 FR 28945). No comments were received regarding this 
proposal. Except for minor editorial changes, this amendment is adopted 
as proposed in the NPRM.

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 final 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 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 (OMB) 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'' under section 3(f) of Executive Order 
12866 and, therefore, is not subject to review by OMB. The rule is not 
considered significant under the regulatory policies and procedures of 
the Department of Transportation (44 FR 11034, February 26, 1979). 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 
SFAR applicable for the periods October 2 through October 10, 1999, and 
October 7 through October 15, 2000. This SFAR establishes a TFR area 
for the 1999 and 2000 KAIBFs to be held in Albuquerque, NM. Since the 
impacts of the 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, 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, any circumnavigation costs will 
be negligible.
    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.

Final Regulatory Flexibility 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 
regulations.'' 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 FAA conducted the required review of this final rule and 
determined that it will not have a significant economic impact on a 
substantial number of small entities. As previously stated, 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. Because the possibility of such occurrences is for a limited 
time and the restricted areas are limited in size, any circumnavigation 
costs will 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 
economic impact on a substantial number of small entities.

International Trade Impact Statement

    The provisions of this rule will 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 regulations herein will not have a substantial direct effect 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

[[Page 44816]]

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 as 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 1 year. Section 204(a) of the 
Act, 2 U.S.C. 1534(a), requires a 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 1 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 in any 1 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.

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 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. 
86 to read as follows:

SFAR No. 86--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 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 deg. 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 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 August 11, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-21268 Filed 8-16-99; 8:45 am]
BILLING CODE 4910-13-M