[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Rules and Regulations]
[Pages 47372-47378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22770]



[[Page 47371]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91 and 103



Temporary Flight Restrictions; Final Rule

  Federal Register / Vol. 66, No. 176 / Tuesday, September 11, 2001 / 
Rules and Regulations  

[[Page 47372]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 103

[Docket No. FAA-2000-8274; Amendment No. 91-270 & 103-6]
RIN 2120-AH13


Temporary Flight Restrictions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends temporary flight restriction regulations. 
Specifically, this action adds a new temporary flight restriction 
regulation to address specific traffic management procedures for 
aircraft operations in the vicinity of aerial demonstrations or major 
sporting events. In addition, this action changes the title of the 
regulation used to manage aircraft operations near hazard or disaster 
areas. This action also clarifies the operating requirements for 
temporary flight restrictions in the vicinity of national disaster 
areas in the state of Hawaii. Finally, this action amends the 
Ultralight Vehicle regulations to include all applicable references to 
temporary flight restrictions. The FAA is taking these actions to 
enhance the safe and efficient use of airspace and to prevent any 
unsafe congestion of sightseeing and other aircraft operations in the 
vicinity of hazard areas, disaster areas, aerial demonstrations, or 
major sporting events.

DATES: Effective October 11, 2001.

FOR FURTHER INFORMATION CONTACT: Sheri Edgett Baron, 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 Rulemaking Documents

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).
    (2) On the search page type in the last four digits of the Docket 
number shown at the beginning of this notice. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number for the item 
you wish to view.
    You can also get an electronic copy using the Internet through 
FAA's web page at http://www.faa.gov/avr/armhome.htm or the Federal 
Register's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy 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. Make 
sure to identify the amendment number or docket number of this 
rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBREFA on the FAA Internet site, http://www.faa.gov/avr/arm/sbrefa.htm. For more information on SBREFA, e-mail us [email protected].

Background

Petitions

    On May 20, 1999, the Department of Defense (DoD) requested that the 
FAA establish a temporary flight restriction (TFR) to prohibit all non-
participating aircraft from operating over or within airspace used by 
the military aerial demonstration teams such as the United States Air 
Force Air Demonstration Squadron (the Thunderbirds), the United States 
Naval Flight Demonstration Team (the Blue Angels), the United States 
Army Parachute Team (the Golden Knights), or other DoD aircraft teams, 
while practicing or performing aerial demonstrations. DoD explains that 
when pilots are executing aerobatic maneuvers, they operate aircraft in 
close formations and perform opposing solo maneuvers at high speeds. 
DoD contends that in those circumstances, the pilot reaction time 
necessary to safely ``see and avoid'' non-participating aircraft could 
be reduced. In the absence of a TFR, non-participating aircraft can 
enter, and have entered, airspace used for aerial demonstration 
practices and air shows. DoD contends that the primary potential safety 
hazard experienced during air shows were non-participating aircraft 
that enter the airspace area used for aerial demonstration events.
    Operators of DoD aircraft conduct their aerial demonstrations 
pursuant to a waiver of the requirements listed in Title 14 Code of 
Federal Regulations (14 CFR) part 91, including maximum airspeed and 
minimum altitude restrictions. In addition, specific DoD-issued 
requirements are applicable. However, DoD believes that using TFRs over 
aerial demonstration areas will provide sanitized airspace in which to 
conduct their aerobatic operations and formally prohibit non-
participating aircraft from entering this airspace.
    On July 19, 1999, the International Council of Air Shows (ICAS) 
petitioned the FAA to amend 14 CFR to include regulations that would 
provide for a safe airspace environment for air show operations (Docket 
Number 29664). ICAS states that the high speeds and complex maneuvers 
common in today's air show performances make it impossible for the 
participating and nonparticipating aircraft to rely completely on the 
``see and avoid'' method of collision avoidance. ICAS believes that 
TFRs would prevent a midair collision and protect spectators on the 
ground from possible death or injury and protect property from damage 
that could result from a non-participating aircraft intruding into 
aerial demonstration events. ICAS states that it received 48 reports of 
intrusions, between July 1989 and June 1997, by non-participating 
aircraft into airspace used by air shows or practice sessions for 
aerial demonstrations. As stated in the Notice of Proposed Rulemaking 
for this rulemaking effort (Notice No. 00-13; 65 FR 69426; November 16, 
2000) the ICAS petition is now considered closed.
    In addition, the FAA has received requests from Major League 
Baseball officials, Summer/Winter Olympics officials, the Tournament of 
Roses Football Game Committee, and others to temporarily restrict 
aircraft operations over various major sporting events such as the 
Olympic Games, the Tournament of Roses Football Game, and the Kodak 
Albuquerque International Balloon Fiesta.

Past Practices

    On January 25, 1971, the FAA issued the Temporary Flight 
Restrictions Final Rule (36 FR 1467). This rule amended 14 CFR 91.91 
(since re-codified as 14 CFR Sec. 91.137) to provide for the issuance 
of a Notice to Airmen (NOTAM) that would implement a TFR over a 
designated disaster or hazard area. In the preamble to the final rule, 
the FAA stated that the intent of the rule

[[Page 47373]]

was to prevent hazardous congestion of sightseeing aircraft over the 
site of an aircraft or train accident, forest fire, earthquake, flood, 
or other disaster of substantial magnitude. In the past the FAA has 
used TFRs for major sporting events and aerial demonstrations based on 
an interpretation of the scope of Sec. 91.137 (a)(3) contained in FAA 
Order 7210.3. The order indicates that a TFR may be issued for sporting 
events or aerial demonstrations generating a high degree of public 
interest, citing Sec. 91.137(a)(3) as regulatory authority. The FAA has 
reviewed the regulatory history of Sec. 91.137, and has concluded that 
it is limited to disaster or hazard areas and was not intended to be 
used for planned events.

Special Federal Aviation Regulations

    In addition to using Sec. 91.137 for planned events, the FAA has 
also issued Special Federal Aviation Regulations (SFAR) to establish 
TFRs in the vicinity of certain major sporting events to address the 
management of aircraft operations in the vicinity of such events and to 
prevent unsafe congestion of aircraft that are sightseeing over and 
around such events. These SFAR were for specific events and had a 
specific duration. Most recently, for example, on May 18, 1999, the FAA 
published a Notice of Proposed Rulemaking (NPRM) for an SFAR to 
establish TFRs for the Kodak Albuquerque International Balloon Fiesta 
in Albuquerque, NM (64 FR 27160). The proposed restrictions addressed 
Balloon Fiesta operations for the periods October 2 through October 10, 
1999, and October 7 through October 15, 2000. The FAA did not receive 
any comments on the NPRM, and on August 17, 1999, the FAA published the 
final SFAR to institute the TFRs (64 FR 44814). The FAA previously 
published a proposed SFAR for the Kodak Albuquerque International 
Balloon Fiesta on July 15, 1998(63 FR 38236) and a final SFAR to 
implement the TFRs on September 28, 1998 (63 FR 51768). Again, these 
TFRs were for a specific event and had a short duration while the event 
was going on. The FAA has issued similar TFRs for other specific events 
such as the Olympics and Goodwill Games.

Notice of Proposed Rulemaking

    On November 16, 2000, the FAA published, in the Federal Register, 
NoticeNo. 00-13 (65 FR 69426). Notice No. 00-13 proposed to add a 
temporary flight restriction regulation to address specific traffic 
management procedures for aircraft operations in the vicinity of aerial 
demonstrations or major sporting events; change the title of the 
regulation used to manage aircraft operations near hazard or disaster 
areas; clarify the operating requirements for temporary flight 
restrictions in the vicinity of national disaster areas in the state of 
Hawaii; and amend the Ultralight Vehicle regulations to include all 
applicable references to temporary flight restrictions. The FAA 
proposed these actions to enhance the safe and efficient use of 
airspace and to prevent any unsafe congestion of sightseeing and other 
aircraft operations in the vicinity of hazard areas, disaster areas, 
aerial demonstrations, or major sporting events. The comment period for 
the notice closed on January 16, 2001.
    In response to the proposal, the FAA received approximately 130 
comments, the majority of which were from aerial advertisers. All 
comments received were considered before making a final determination 
on this matter. An analysis of the substantive comments received and 
the FAA's responses are summarized below.

Discussion of Comments

    As stated above, the FAA received approximately 130 comments in 
response to Notice No. 00-13. For clarity and ease of response, 
comments received and the FAA replies have been grouped by general 
themes.

Comment Period

    The FAA received several comments stating that the comment period 
for the NPRM should have been 120 days versus 60 days.
    The FAA does not agree with these comments. Generally, the comment 
period for FAA documents is 90 days; however, the time period may be 
shortened or lengthened as deemed necessary. The primary intent of the 
proposal was administrative, to allow the FAA to streamline its 
processes, clarify existing TFR regulations, and finally to propose a 
new type of TFR. The FAA believes that the 60-day comment period 
provided sufficient time for review and comment on the proposed rule.

Section 91.137  Temporary Flight Restrictions in the Vicinity of 
Disaster/Hazard Areas

    In Notice No. 00-13, the FAA proposed to change the title of 
Sec. 91.137 from ``Temporary Flight Restrictions'' to ``Temporary 
Flight Restrictions in the Vicinity of Disaster/Hazard Areas.'' The 
former title of this section was not specific enough to convey the 
intent of the regulation, which lead to misinterpretation of the rule.
    In general, those commenting supported the proposed change to the 
title of this section. However, one commenter, on behalf of a prison 
department, suggested that changing the title of Section 91.137 would 
prevent the use of a TFR during a prison riot or hostage situation. The 
commenter believes that the lights on news media helicopters could 
expose the positions of law enforcement officers and endanger the 
officers and/or hostages.
    The FAA does not agree with this comment. Changing the title of 
Sec. 91.137 does not alter the provisions and/or exclusions that 
currently exist under each sub-section of the regulation. A TFR could 
be issued for situations such as a prison riot or hostage situation, 
since these events on the ground may develop into a hazardous 
situation. When a TFR is implemented for a situation such as described 
by the commenter, access to the specific area would be coordinated with 
those persons having command authority on the ground for the TFR area. 
Part of this coordination would be to inform those authorized to enter 
the area about conditions on the ground and any special procedures that 
must be followed. The onus then will be on the pilot of such aircraft 
not to add to the gravity of the situation.
    The Helicopter Association International (HAI) commented that 
operators of electronic newsgathering (ENG) helicopters have reported 
to them occurrences in which TFR regulations, particularly 
Sec. 91.137(a)(1) have been used improperly to exclude news media 
aircraft from the scenes of newsworthy events. HAI believes that the 
ENG community operates under color of First Amendment freedoms. HAI 
contends that the rule, as proposed, does not protect the industry's 
First Amendment rights and freedoms. Others commented that the notice 
infringes on First Amendment rights by excluding aerial advertisers and 
not allowing for freedom of expression. Some commenters believe that 
the notice infringes on the right for commerce of commercial operators, 
and their right to operate a business and work.
    The FAA agrees that temporary flight restrictions have been 
misapplied in certain instances. The current procedure is for the FAA 
Headquarters to provide management oversight of TFRs. Whenever 
Headquarters becomes aware of misapplication of TFR regulations, action 
is quickly taken to correct the matter. Additionally, the FAA is 
aggressively taking steps to educate all users (both pilots and 
controllers) regarding TFRs. The changing of the title of this section 
is one of the first steps in this education process.

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    Further, the FAA does not believe this rulemaking effort encroaches 
on First Amendment rights or freedoms. The FAA has broad authority 
under Title 49 of the United States Code (U.S.C.) Subtitle VII, to 
regulate and control the use of navigable airspace of the United 
States. Under 49 U.S.C. 40103, the agency is authorized to develop 
plans for and to formulate policy with respect to the use of navigable 
airspace and to assign by rule, regulation, or order, the use of 
navigable airspace under such terms, conditions, and limitations as 
deemed necessary in order to ensure the safety of aircraft and the 
efficient utilization of the navigable airspace. The FAA administers 
the navigable airspace in the public interest as necessary to ensure 
the safety of aircraft and the efficient utilization of that airspace. 
When using air traffic and airspace rules to manage the navigable 
airspace, the FAA considers the requirements of national defense, 
commercial and general aviation, and the public right of freedom of 
transit through the airspace.
    The NPRM and the final rule continue to allow media aircraft, and 
other airspace users, controlled access to the airspace for ``breaking 
news'' events consistent with the use of the TFR to assure public 
safety and prevent the unsafe congestion of aircraft at hazard or 
disaster areas. The airspace used by the TFR is normally the minimum 
amount necessary for the event. Usually, a TFR is for a limited period 
of time and access to the TFR airspace is controlled by air traffic 
control as the event demands. With certain regulatory exceptions for 
law enforcement aircraft and others, the restrictions of a TFR apply to 
all users of the affected airspace.
    One commenter suggested that the term disaster/hazard needs to be 
better defined, and that a hazard should not include air traffic at 
sporting events.
    The FAA agrees, and in Notice No. 00-13, proposed a change to 
Sec. 91.137 to better convey the intent of the regulation and ensure 
that any TFR issued under this section was related to a disaster or 
hazard area. Also, the FAA proposed to add a regulation to specifically 
address aerial demonstrations and major sporting events. That addition 
is discussed later in the preamble of this rule. In addition, the FAA 
is currently reviewing the TFR Advisory Circular and FAA Orders, which 
define specific types of disaster/hazard areas, and if warranted, will 
modify or revise these definitions as appropriate.
    Accordingly, this section is adopted as proposed.

Section 91.138  Temporary Flight Restrictions in National Disaster 
Areas in the State of Hawaii

    In Notice No. 00-13, the FAA proposed to clarify the operating 
requirements detailed in Sec. 91.138 by modifying subparagraph (b) to 
read: ``When a NOTAM has been issued in accordance with this section, 
no person may operate an aircraft within the designated airspace unless 
at least one of the following conditions is met.'' The language 
currently in Sec. 91.138(b) could be misinterpreted to mean that all of 
the conditions must be met before operating an aircraft within the 
designated airspace.
    The FAA received no comments opposing the proposed change. 
Accordingly, this section is adopted as proposed.

Section 91.145  Temporary Flight Restrictions in the Vicinity of 
Aerial Demonstrations or Major Sporting Events

    In Notice No. 00-13, the FAA proposed to add a new section to part 
91 that would prohibit the operation of an aircraft or device, or 
engage in any activity that would encroach on airspace within the 
designated airspace area, except in accordance with issued 
authorizations or terms, and conditions of the temporary flight 
restriction in the NOTAM, unless otherwise authorized by: (1) Air 
traffic control; or (2) A Flight Standards Certificate of Waiver or 
Authorization issued for the demonstration or event. In addition, this 
section also proposed to authorize the Administrator to exclude the 
following flights from the flight restriction: (1) Essential military; 
(2) Medical and rescue; (3) Presidential and Vice Presidential; (4) 
Visiting heads of state; (5) Law enforcement and security; (6) Public 
health and welfare.
    In Notice No. 00-13, the FAA explained that when a temporary flight 
restriction is issued, aircraft management procedures for the event 
will be published in a National Flight Data Center (FDC) NOTAM. The 
NOTAM will detail, for example, general procedures to include 
altitudes; times; frequency; point of contact; Air Traffic Control 
facility; special clearances; and any other necessary information.
    The majority of the comments received in response to this 
rulemaking effort pertained to Section 91.145.
    The DoD supported the addition of a temporary flight restriction 
regulation to address specific traffic management procedures for 
aircraft operations in the vicinity of aerial demonstrations or major 
sporting events. DoD believes that TFRs for aerial demonstrations have 
greatly enhanced safety around both military and civil aerial events. 
DoD also believes that this initiative will have significant impact on 
protecting national defense assets and further assure the safety of 
pilots using our Nation's airspace.
    The Aircraft Owners and Pilots Association (AOPA) and the 
Experimental Aircraft Association (EAA) supported the safety objectives 
of this rulemaking action. However, both AOPA and EAA recommended 
adding online resources to provide dynamic, real-time updates to TFR 
information, such as publishing TFR information in the Airport/Facility 
Directory and navigation charts. AOPA believes the FAA needs to take 
positive action to provide the general aviation community with the 
tools necessary to responsibly avoid established TFR airspace, and 
recommended improving the NOTAM system. AOPA also recommended more 
stringent guidelines for entities soliciting the establishment of a TFR 
and suggested greater clarification of the procedures used in 
determining the lateral and vertical boundaries of TFR airspace.
    The FAA agrees with AOPA and EAA in part. Whenever possible, TFR 
information will be published in the Airport/Facility Directory and on 
applicable charts provided the information is available to meet the 
required cutoff dates for the printing cycle. It is current policy to 
review NOTAMs to ensure TFRs are correctly utilized and implemented. 
Additionally, it is our plan to continue to work with the airspace 
users to further identify any additional requirements. It should be 
noted that while comments relating to improvements to the NOTAM system 
are beyond the scope of this rulemaking effort, these comments have 
been forwarded to the appropriate FAA Air Traffic office for action.
    Notice No. 00-13 provided examples of major sporting events and 
aerial demonstrations where TFRs or SFARs have been used in the past. 
While we anticipate using Sec. 91.145 to implement TFRs for these types 
of events, there may be unique circumstances that eliminate the need 
for a TFR. In addition, there may be sporting events not listed in 
Notice No. 00-13 that may develop into events of such magnitude that a 
TFR may be necessary. Sec. 91.145 is designed to provide the FAA with 
the flexibility to meet future contingencies and better use its 
rulemaking resources, which are finite.
    In addition to the examples cited in the preamble and the rule, 
guidance

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concerning the type of sporting event or aerial demonstration that may 
warrant a TFR will continue to be placed in FAA directives. The rule is 
not intended to provide TFR coverage for events at which public safety 
and the potential for the unsafe congestion of aircraft are not 
interests requiring action by the FAA.
    Additionally, the FAA will review current TFR guidelines and, if 
appropriate, will provide more stringent guidelines for the 
establishment of a TFR in FAA directives. As stated in Notice No. 00-
13, the amount of airspace needed to provide a safe environment for 
aerial demonstrations/major sporting events would vary depending on the 
event. The area that would be restricted would normally be limited to 
the minimum airspace area/altitude/time required to manage 
participating and non-participating aircraft in the area.
    EAA commented that while they did not oppose the establishment of 
Sec. 91.145, they believe that public interest would be better served 
if the FAA management decision procedures and specific listings of 
events were contained within appropriate FAA directives, instead of 
within the regulatory language for Sec. 91.145. EAA is also of the 
opinion that pilots do not need to know the management responsibilities 
of the FAA and event sponsors, and believes that pilots will be forced 
to memorize this information for written pilot exams and/or flight 
evaluations. Further, EAA believes that any changes to the list of 
events identified in Notice No. 00-13 will require regulatory action.
    The FAA agrees with EAA in part. Procedural information and 
specific listings of events are provided as an informational tool, and 
as such, will be provided in both the regulatory language and in FAA 
directives.
    Notice No. 00-13 provided, as examples only, listings of events 
that may or may not warrant a TFR. This was not intended to be an all-
inclusive list. This notice also provided factors that the FAA utilizes 
in deciding whether a TFR is necessary to better inform the public, and 
those who request TFRs. The basis for citing examples was to identify 
certain events that may be of such a magnitude that would warrant the 
use of a TFR to prevent the unsafe congestion of aircraft operations in 
the affected area, and to ensure the safety of persons and property on 
the ground. Even though a specific event is identified in the list, a 
TFR may not be warranted. For example, the FAA implemented special air 
traffic procedures for Super Bowl XXXV, but did not implement a TFR 
because this event took place within the Tampa Class B airspace area. 
It is not the intent of the FAA for these examples to be part of 
written pilot exams and/or flight evaluations. In addition, since the 
list of events and procedures is provided as an informational tool, any 
addition or deletion to the list will not require regulatory action to 
add or delete events.
    One commenter believes that it will be impossible to support TFRs 
until every cockpit is equipped with a Real Time Informational Display. 
This commenter believes that a pilot en route may not know if a TFR is 
implemented.
    The FAA does not agree with this commenter. TFRs are utilized 
within the air traffic system today, without Real Time Informational 
Displays. Aircraft operating in accordance with instrument flight rules 
will be under the control of air traffic and provided separation from 
TFR areas. Pilots operating in accordance with visual flight rules are 
required to obtain pilot briefings for the area in which they will be 
flying. These briefings include the designation of TFR areas.
    One commenter believes that the increase in paperwork alone 
required by this regulation would put them out of business, and does 
not believe there would be enough time to complete the paperwork to 
comply with the new rule. Several aerial advertisers commented that 
they should be exempt from the requirement to obtain a Flight Standards 
Certificate of Waiver or Authorization to operate in a TFR designated 
under Sec. 91.145 because they already have a waiver to conduct banner 
towing operations.
    The FAA does not agree with these commenters. Currently, banner 
towing operations require a waiver in accordance with 14 CFR 91.311. 
The only paperwork required by Sec. 91.145 is if an individual chose to 
obtain a Flight Standards Certificate of Waiver or Authorization issued 
for the demonstration or event. Generally, a TFR will be published by 
NOTAM at least 30 days in advance of the event, which will provide 
ample time for an individual to obtain the aforementioned certificate 
of waiver or authorization. TFR areas implemented under the proposed 
Sec. 91.145 would be site specific, for a limited duration, and require 
ATC authorization to enter the area, or a waiver specific to the event.
    Several commenters are of the opinion that restrictions over major 
sporting events are a direct attempt to regulate where aerial 
advertisers are allowed to operate, and do not believe there is a 
safety issue. These commenters stated that aerial advertisers have 
historically operated safely over events, and that the proposed rule is 
a blatant attempt by promoters and committees of major sporting events 
to control access to the airspace over an event.
    The FAA does not agree with these commenters. The establishment of 
a TFR over certain aerial demonstrations or sporting events is not 
aimed at regulating where aerial advertisers are allowed to operate. 
The FAA never surrenders control of the navigable airspace, and event 
promoters do not determine who can or cannot fly over an event. The 
sole intent of the FAA is to manage aircraft operations in an efficient 
and safe manner. The proposed Sec. 91.145 continues the FAA's practice 
of using TFRs for certain qualifying events and clarifies that the FAA 
will no longer use Sec. 91.137 as the authority for those TFRs because 
we believe Sec. 91.137 should be limited to hazard or disaster areas. 
This final rule provides a regulation to cover TFRs for major sporting 
events and aerial demonstrations. Notice No. 00-13 and final rule 
provides examples of events where the FAA has used TFRs, to inform the 
public about the type of event that may qualify for a TFR. Again, a TFR 
will use the minimum amount of airspace necessary, based on the 
activity or event, to ensure public safety and prevent the unsafe 
congestion of aircraft.
    Many commenters believe that there is potential for abuse under the 
proposed rule by the FAA and event promoters/coordinators. AOPA 
believes that thirty days advance notification is acceptable for the 
establishment of TFRs, but is concerned that the good cause exception 
could lead to notification issues and excessive TFR usage for smaller 
sporting events or outdoor events. AOPA states the NPRM outlines the 
criteria to be used for establishing TFRs; however, many of these 
elements are highly subjective. Several commenters recommend promoting 
procedures rather than limitations, and others are of the opinion that 
Flight Standards District Office (FSDO) inspectors are given too much 
power under the proposal, and have the power to stop aerial advertising 
at will.
    The FAA does not agree with these commenters. The intent of this 
rulemaking effort is to prevent the unsafe congestion of aircraft 
operations in the affected area, and to ensure the safety of persons 
and property on the ground. The list of events cited in this section 
are for example only, and not meant to be an all-inclusive list that 
will

[[Page 47376]]

require regulatory action to establish a TFR for an event that is not 
included in this list. As stated previously, the FAA monitors the 
issuance of TFRs, to ensure that the TFR is warranted and that 
regulations are complied with. The FAA Airspace and Rules Division, at 
Washington Headquarters, will provide management oversight of TFRs 
issued under Section 91.145. The good cause exception tracks the 
language of the Administrative Procedure Act. It allows the FAA to 
issue a TFR in less than thirty days, if the FAA finds that good cause 
exists. The good cause exception does not relate to the type or size of 
events covered by Sec. 91.145. The FAA is currently working with the 
Flight Standards Service to clarify and review TFR procedures utilized 
by FSDO inspectors.
    Many commenters believe that the proposed rule would result in a 
significant economic impact on the aerial advertising community. AOPA 
requested the FAA to consider the potential economic impact should TFRs 
be imposed in an overzealous or reckless fashion. The majority of those 
commenting believe that this rulemaking effort would put aerial 
advertisers out of business, and the FAA failed to address this point 
in their economic evaluation. Several commenters stated that the FAA 
erred in its conclusion in determining that the only major economic 
impact would result in traffic circumnavigating the TFR area.
    The FAA does not agree with these commenters, and believes that the 
intent of this rulemaking effort was largely misunderstood. This 
rulemaking effort does not single out any specific group, and the FAA 
has determined that it will not have an appreciable impact on aerial 
advertisers. The proposed Sec. 91.145 will streamline FAA processes, 
provide flexibility to meet future contingencies, and allow for better 
use of its rulemaking resources. A TFR imposed under Sec. 91.145 will 
have the same impact on aerial advertisers as a temporary flight 
restriction imposed using an SFAR or Sec. 91.137(a)(3). The FAA does 
not expect that limitations affecting aerial advertisers will be 
changed by this rulemaking.
    As stated in Notice No. 00-13, the major economic impact of a TFR 
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, circumnavigation costs will be negligible. The FAA has 
determined the benefits will be commensurate with the costs attributed 
to the temporary inconvenience of the flight restrictions for operators 
near the TFR area. The intent of this rulemaking effort is to enable 
the FAA to manage aircraft operations in an efficient and safe manner.
    Accordingly, except for minor editorial changes, this section is 
adopted as proposed.

Section 103.20  Flight Restrictions in the Proximity of Certain 
Areas Designated by Notice to Airmen

    Notice No. 00-13 proposed to revise this section by adding 
references to Secs. 91.137, 91.138, and 91.145, ensuring that all 
applicable references to temporary flight restrictions are included in 
the requirements.
    EAA is of the opinion that the notice discriminates against 
ultralight vehicle activities, and stated that there are many events 
where the event sponsor specifically requests that ultralight vehicles 
take part in some or the entire event for the benefit of the general 
public. EAA recommends that Sec. 103.20 be rewritten as follows: ``No 
person may operate an ultralight vehicle in areas designated in a 
Notice to Airmen under Secs. 91.137, 91.138, 91.141, 91.143, or 91.145 
of this chapter, unless authorized by: (1) Air Traffic Control (ATC); 
or (2) A Flight Standards Certificate of Waiver or Authorization issued 
for the demonstration or event.''
    The FAA agrees with EAA that there are events in which ultralight 
vehicles participate, and that the same exclusions that apply to 
Sec. 91.145 should apply to Sec. 103.20. Accordingly, this section is 
adopted with EAA's recommendation.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with this 
amendment.

The Rule

    This amendment to 14 CFR amends temporary flight restriction 
regulations. Specifically, this action adds a temporary flight 
restriction regulation to address specific traffic management 
procedures for aircraft operations in the vicinity of aerial 
demonstrations or major sporting events. In addition, this action 
changes the title of the regulation used to manage aircraft operations 
near hazard or disaster areas. This action also clarifies the operating 
requirements for temporary flight restrictions in the vicinity of 
national disaster areas in the state of Hawaii. Finally, this action 
amends the Ultralight Vehicle regulations to include all applicable 
references to temporary flight restrictions. The FAA is taking these 
actions to enhance the safe and efficient use of airspace and to 
prevent any unsafe congestion of sightseeing and other aircraft 
operations in the vicinity of hazard areas, disaster areas, aerial 
demonstrations, or major sporting events.

International Compatibility

    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.

Economic Evaluation

    Proposed 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 impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing US. Standards, 
this Trade Act requires agencies to consider international standards 
and, where appropriate, that they be the basis of U.S. standards. And 
fourth, the Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of $100 million or more, in 
any one year (adjusted for inflation). The FAA does not need to do the 
latter analysis where the economic impact of an amendment is minimal. 
The major economic impact of having a temporary flight restriction is 
the inconvenience of circumnavigation to operators who may want to 
operate in the area of the temporary flight restriction. An aircraft 
operator could avoid the restricted airspace by flying over it or by 
circumnavigating the

[[Page 47377]]

restricted airspace. Because the possibility of such occurrences is for 
a limited time and the restricted areas are limited in size, 
circumnavigation costs are negligible.
    The benefits of establishing a temporary flight restriction are 
primarily a lowered risk of midair collisions between participating and 
non-participating aircraft. While benefits cannot be quantified, the 
FAA has determined the benefits are commensurate with the small costs 
attributed to the temporary inconvenience of the flight restrictions 
for operators near the temporary flight restriction area.

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 the 
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 1980 act provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis 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 of having a temporary flight restriction 
is the inconvenience of circumnavigation to operators who may want to 
operate in the area of the temporary flight restriction. 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 will be 
limited in size, circumnavigation costs are negligible. Consequently, 
the FAA certifies that the amendment will not have a significant 
economic impact on a substantial number of small entities.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    In accordance with the above statute and policy, the FAA has 
assessed the effect of this rule and has determined that it will have 
only a domestic impact and therefore no affect on any trade-sensitive 
activity.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. 
L. 104-4 on March 22, 1995, is intended, among other things, to curb 
the practice of imposing unfunded Federal mandates on State, local, and 
tribal governments.
    Title II of the Act requires each Federal agency to prepare a 
written statement assessing the effects of any Federal mandate in a 
proposed or final agency rule that may result in a $100 million or more 
expenditure (adjusted annually for inflation) in any one year by State, 
local, and tribal governments, in the aggregate, or by the private 
section; such a mandate is deemed to be a ``significant regulatory 
action.''
    This rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 3132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
this rulemaking action qualifies for a categorical exclusion.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA) Public Law 94-163, 
as amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been 
determined that the final rule is not a major regulatory action under 
the provisions of the EPCA.

List of Subjects in 14 CFR Part 91

    Aircraft flight, Airspace, Aviation safety, Air Traffic Control.

The Amendment

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

PART 91--AIR TRAFFIC AND GENERAL OPERATING RULES

    1. The authority citation for 14 CFR 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, 46502, 46504, 46506, 46507, 47122, 47508, 
47528-47531.

    2. Amend Sec. 91.137 by revising the title as follows:


Sec. 91.137  Temporary flight restrictions in the vicinity of disaster/
hazard areas.

* * * * *

    3. Amend Sec. 91.138 by revising paragraph (b) to read as follows:


Sec. 91.138  Temporary flight restrictions in national disaster areas 
in the State of Hawaii.

* * * * *
    (b) When a NOTAM has been issued in accordance with this section, 
no person may operate an aircraft within the designated area unless at 
least one of the following conditions is met:
    (1) That person has obtained authorization from the official in 
charge of associated emergency or disaster relief response activities, 
and is operating the aircraft under the conditions of that 
authorization.
    (2) The aircraft is carrying law enforcement officials.

[[Page 47378]]

    (3) The aircraft is carrying persons involved in an emergency or a 
legitimate scientific purpose.
    (4) The aircraft is carrying properly accredited newspersons, and 
that prior to entering the area, a flight plan is filed with the 
appropriate FAA or ATC facility specified in the NOTAM and the 
operation is conducted in compliance with the conditions and 
restrictions established by the official in charge of on-scene 
emergency response activities.
    (5) The aircraft is operating in accordance with an ATC clearance 
or instruction.
* * * * *

    3. Add Sec. 91.145 to subpart B as follows:

Subpart B--Flight Rules

* * * * *


Sec. 91.145  Management of aircraft operations in the vicinity of 
aerial demonstrations and major sporting events.

    (a) The FAA will issue a Notice to Airmen (NOTAM) designating an 
area of airspace in which a temporary flight restriction applies when 
it determines that a temporary flight restriction is necessary to 
protect persons or property on the surface or in the air, to maintain 
air safety and efficiency, or to prevent the unsafe congestion of 
aircraft in the vicinity of an aerial demonstration or major sporting 
event. These demonstrations and events may include:
    (1) United States Naval Flight Demonstration Team (Blue Angels);
    (2) United States Air Force Air Demonstration Squadron 
(Thunderbirds);
    (3) United States Army Parachute Team (Golden Knights);
    (4) Summer/Winter Olympic Games;
    (5) Annual Tournament of Roses Football Game;
    (6) World Cup Soccer;
    (7) Major League Baseball All-Star Game;
    (8) World Series;
    (9) Kodak Albuquerque International Balloon Fiesta;
    (10) Sandia Classic Hang Gliding Competition;
    (11) Indianapolis 500 Mile Race;
    (12) Any other aerial demonstration or sporting event the FAA 
determines to need a temporary flight restriction in accordance with 
paragraph (b) of this section.
    (b) In deciding whether a temporary flight restriction is necessary 
for an aerial demonstration or major sporting event not listed in 
paragraph (a) of this section, the FAA considers the following factors:
    (1) Area where the event will be held.
    (2) Effect flight restrictions will have on known aircraft 
operations.
    (3) Any existing ATC airspace traffic management restrictions.
    (4) Estimated duration of the event.
    (5) Degree of public interest.
    (6) Number of spectators.
    (7) Provisions for spectator safety.
    (8) Number and types of participating aircraft.
    (9) Use of mixed high and low performance aircraft.
    (10) Impact on non-participating aircraft.
    (11) Weather minimums.
    (12) Emergency procedures that will be in effect.
    (c) A NOTAM issued under this section will state the name of the 
aerial demonstration or sporting event and specify the effective dates 
and times, the geographic features or coordinates, and any other 
restrictions or procedures governing flight operations in the 
designated airspace.
    (d) When a NOTAM has been issued in accordance with this section, 
no person may operate an aircraft or device, or engage in any activity 
within the designated airspace area, except in accordance with the 
authorizations, terms, and conditions of the temporary flight 
restriction published in the NOTAM, unless otherwise authorized by:
    (1) Air traffic control; or
    (2) A Flight Standards Certificate of Waiver or Authorization 
issued for the demonstration or event.
    (e) For the purpose of this section:
    (1) Flight restricted airspace area for an aerial demonstration--
The amount of airspace needed to protect persons and property on the 
surface or in the air, to maintain air safety and efficiency, or to 
prevent the unsafe congestion of aircraft will vary depending on the 
aerial demonstration and the factors listed in paragraph (b) of this 
section. The restricted airspace area will normally be limited to a 5 
nautical mile radius from the center of the demonstration and an 
altitude 17000 mean sea level (for high performance aircraft) or 13000 
feet above the surface (for certain parachute operations), but will be 
no greater than the minimum airspace necessary for the management of 
aircraft operations in the vicinity of the specified area.
    (2) Flight restricted area for a major sporting event--The amount 
of airspace needed to protect persons and property on the surface or in 
the air, to maintain air safety and efficiency, or to prevent the 
unsafe congestion of aircraft will vary depending on the size of the 
event and the factors listed in paragraph (b) of this section. The 
restricted airspace will normally be limited to a 3 nautical mile 
radius from the center of the event and 2500 feet above the surface but 
will not be greater than the minimum airspace necessary for the 
management of aircraft operations in the vicinity of the specified 
area.
    (f) A NOTAM issued under this section will be issued at least 30 
days in advance of an aerial demonstration or a major sporting event, 
unless the FAA finds good cause for a shorter period and explains this 
in the NOTAM.
    (g) When warranted, the FAA Administrator may exclude the following 
flights from the provisions of this section:
    (1) Essential military.
    (2) Medical and rescue.
    (3) Presidential and Vice Presidential.
    (4) Visiting heads of state.
    (5) Law enforcement and security.
    (6) Public health and welfare.

PART 103--ULTRALIGHT VEHICLES

    5. The authority citation for 14 CFR part 103 continues to read as 
follows:

    Authority: 49 USC 106(g), 40103-40104, 40113, 44701.


    6. Revise Sec. 103.20 as follows:


Sec. 103.20  Flight restrictions in the proximity of certain areas 
designated by notice to airmen.

    No person may operate an ultralight vehicle in areas designated in 
a Notice to Airmen under Sec. 91.137, Sec. 91.138, Sec. 91.141, 
Sec. 91.143 or Sec. 91.145 of this chapter, unless authorized by:
    (a) Air Traffic Control (ATC); or
    (b) A Flight Standards Certificate of Waiver or Authorization 
issued for the demonstration or event.
* * * * *

    Issued in Washington, DC on September 5, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-22770 Filed 9-10-01; 8:45 am]
BILLING CODE 4910-13-P