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

SUMMARY: This action establishes a temporary flight restriction (TFR)

area for the period of October 3 through October 11, 1998, for the

upcoming Kodak Albuquerque International Balloon Fiesta (KAIBF). This

TFR is necessary to manage aircraft operating in the vicinity of the

KAIBF, and to prevent unsafe congestion of aircraft that are

sightseeing over and around the Balloon Fiesta.

DATES: Effective Date: October 3, 1998 This rule expires October 12,

1998.

FOR FURTHER INFORMATION CONTACT:

Terry Brown, Airspace and Rules Division, ATA-400, Office of Air

Traffic Airspace Management, Federal Aviation Administration, 800

Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-

8783.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

An electronic copy of this document may be downloaded, using a

modem and suitable communications software, from the FAA regulations

section of the Fedworld electronic bulletin board service (telephone:

703-321-3339), the Government Printing Office's electronic bulletin

board service (telephone: 703-321-1661), or the FAA's Aviation

Rulemaking Advisory Committee Bulletin Board service (telephone: 800-

322-2722 or 202-267-5948).

Internet users may reach the FAA's web page at http://

www.faa.gov.avr/arm/nprm/nprm.htm or the Government Printing Office's

webpage at http://www.access.gpo.gov/nara.html for access to recently

published rulemaking documents.

Any person may obtain a copy of this final rule by submitting a

request to the Federal Aviation Administration, Office of Rulemaking,

ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by

calling (202) 267-9680. Communications must identify the amendment

number or docket number of this final rule.

Persons interested in being placed on the mailing list for future

Notices of Rulemaking and Final Rules should request from the above

office a copy of Advisory Circular No. 11-2A, Notice of Rulemaking

Distribution System, that describes the application procedure.

Small Entity Inquiries

The Small Business Regulatory Enforcement Fairness Act of 1996

(SBREFA) requires the FAA to report inquiries from small entities

concerning information on, and advice about, compliance with statutes

and regulations within the FAA's jurisdiction, including interpretation

and application of the law to specific sets of facts supplied by a

small entity.

If you are a small entity and have a question, contact your local

FAA official. If you do not know how to contact your local FAA

official, you may contact Charlene Brown, Program Analyst Staff, Office

of Rulemaking, ARM-27, Federal Aviation Administration, 800

Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet

users can find additional information on SBREFA in the ``Quick Jump''

section of the FAA's web page at http://www.faa.gov and may send

electronic inquiries to the following Internet address: 9-AWA-

[email protected]

Background

The KAIBF will be held on October 3 through October 11, 1998, at a

site 9 miles north of Albuquerque International Sunport, In

Albuquerque, NM.

This SFAR establishes a TFR area to provide for the safety of

persons and property in the air and on the ground during the KAIBF. The

TFR area will restrict aircraft operations in a specified location;

however, access to this area may be allowed with the appropriate air

traffic control (ATC) authorization from the Albuquerque International

Sunport Airport Traffic Control Tower (ATCT). ATC will retain the

ability to manage aircraft through the TFR area in accordance with

established ATC procedures.

Specifically, the TFR area will be 9 miles north of the Albuquerque

International Sunport ATCT and just west of Interstate Highway 25 (I-

25). The TRF area will be centered on the Albuquerque Very High

Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC)

038 deg. radial 14 distance measuring equipment (DME) fix. The area

will encompass a 4 nautical mile (NM) radius, extending from the

surface up to but not including 8,000 feet mean sea level (MSL). The

TFR area will be in effect between the hours of 0530 Mountain Daylight

Time (MDT) and 1200 MDT, and from 1600 MDT until 2200 MDT on October 3

through October 11, 1998. Unauthorized aircraft will be required to

remain clear of this area during these times.

The location, dimensions, and effective times of the TFR area will

be published and disseminated via the Notice to Airmen (NOTAM) system.

Exceptions

This SFAR contains provisions to provide flexible, efficient

management and control of air traffic. ATC will have the authority to

give priority to, or exclude from the requirements of the special

regulation, flight operations dealing with or containing essential

military, medical emergency, rescue, law enforcement, Presidential, and

heads of state.

Notice to Airmen Information

Time-critical aeronautical information that is of a temporary

nature, or is not sufficiently known in advance to permit publication

on aeronautical charts or in other operational publications, receives

immediate dissemination via the NOTAM system. All domestic operators

planning flight to the KAIBF will need to pay particular attention to

NOTAM D and Flight Data Center (FDC) NOTAM information.

NOTAM D contains information on airports, runways, navigational

aids, radar services, and other information essential to flight. An FDC

NOTAM contains information that is regulatory in nature, such as

amendments to aeronautical charts and restrictions to flight. FDC NOTAM

and NOTAM D information will also be provided to international

operators in the form of International NOTAMs. NOTAMs are distributed

through the National Communications Center in Kansas City, MO, for

transmission to all air traffic facilities having telecommunications

access.

Pilots and operators will need to consult the monthly NOTAM

Domestic/International publication. This publication contains NOTAM FDC

and D NOTAMs. Special information, including graphics, will be

published in the biweekly publication in advance of the KAIBF. For more

detailed information concerning the NOTAM system, refer to the

Aeronautical Information Manual ``Preflight.'' section.

Other U.S. Laws and Regulations

Aircraft operators should clearly understand that the SFAR is in

addition to other laws and regulations of the U.S. The SFAR will not

waive or supersede

[[Page 51769]]

any U.S. statute or obligation. When operating within the

jurisdictional limits of the U.S., operators of foreign aircraft must

conform to all applicable requirements of U.S. Federal, State, and

local governments. In particular, aircraft operators planning flights

into the U.S. must be aware of and conform to the rules and regulations

established by the:

1. U.S. Department of Transportation regarding flights entering the

U.S.;

2. U.S. Customs Service, Immigration and other authorities

regarding customs, immigrations, health, firearms, and imports/exports;

3. U.S. FAA regarding flight in or into U.S. airspace. This

includes compliance with Parts 91, 121 and 135 of Title 14 of the Code

of Federal Regulations regarding operations into or within the U.S.

through air defense identification zones, and compliance with general

flight rules; and,

4. Airport management authorities regarding use of airports and

airport facilities.

Discussion of Comments

A notice for proposed rulemaking (NPRM) was published in the

Federal Register on July 15, 1998 (63 FR 38236). No comments were

received regarding this proposal. Except for minor editorial changes,

this amendment is being adopted as proposed in the NPRM.

Effective Date

The effective date of this rule is October 3, 1998, which coincides

with the start of the KAIBF. The SFAR contains aeronautical information

concerning the location, date and times that the special flight

restrictions are in effect. In order for pilots and other affected

entities that conduct operations in this area to be made aware

immediately of the upcoming flight restrictions, the FAA finds that

good cause exists pursuant to 5 U.S.C. 553(d), for making this

amendment effective in less than 30 days to provide for the safety of

persons and property in the air and on the ground during the KAIBF.

Environmental Effects

This action establishes a TFR area for safety purposes and curtails

or limits certain aircraft operations within a designated area on

defined dates and times. Additionally, this action is temporary in

nature and effective only for the dates and times necessary to provide

for the management of air traffic operations and the protection of

participants and spectators on the ground. ATC will retain the ability

to direct aircraft through the restricted area in accordance with

normal traffic flows. The FAA believes the establishment of a TFR area

will have minimal impact on ATC operations.

Further, this action reduces aircraft activity in the vicinity of

the KAIBF by restricting aircraft operations. There will be fewer

aircraft operations in the vicinity of the KAIBF than will occur if the

TFR area were not in place, and noise levels associated with that

greater aircraft activity will also be reduced. Additionally, aircraft

avoiding the TFR area will not be routed over any particular area. This

action will not, therefore, result in any long-term action that will

routinely route aircraft over noise-sensitive areas. For the reasons

stated above, the FAA concludes that this rule will not significantly

affect the quality of the human environment.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3507(d)), there are no requirements for information collection

associated with this final rule.

International Compatibility

The FAA has reviewed corresponding International Civil Aviation

Organization international standards and recommended practices and

Joint Aviation Airworthiness Authorities regulations, where they exist,

and has identified no differences in this amendment and the foreign

regulations.

Regulatory Evaluation Summary

Changes to Federal regulations must undergo several economic

analyses. First, Executive Order 12866 directs that each Federal agency

shall propose or adopt a regulation only upon a reasoned determination

that the benefits of the intended regulation justify its costs. Second,

the Regulatory Flexibility Act of 1980 requires agencies to analyze the

economic effect of regulatory changes on small entities. Third, the

Office of Management and Budget directs agencies to assess the effect

of regulatory changes on international trade. In conducting these

analyses, the FAA has determined that this rule is not ``a significant

regulatory action'' as defined in the Executive Order and the

Department of Transportation Regulatory Policies and Procedures. This

rule will not have a significant impact on a substantial number of

small entities and will not constitute a barrier to international

trade.

This regulatory evaluation examined the costs and benefits of the

proposed SFAR applicable for the period October 3 through October 11,

1998. The SFAR establishes a TFR area for the upcoming KAIBF to be held

in Albuquerque, NM. Since the impact of the proposed change are

relatively minor, this economic summary constitutes the analysis and no

regulatory evaluation will be placed in the docket.

The benefits of the TFR airspace will primarily be a lowered risk

of midair collisions between aircraft and balloons due to increased

positive control of TFR airspace. While benefits cannot be quantified,

the FAA believes the benefits are commensurate with the small costs

attributed to the temporary inconvenience of the flight restrictions

for operators near the TFR area.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 establishes ``as a principle

of regulatory insurance that agencies shall endeavor, consistent with

the objective of the rule and of applicable statues, to fit regulatory

and informational requirements to the scale of the business,

organizations, and governmental jurisdictions subject to regulation.''

To achieve that principle, the Act requires agencies to solicit and

consider flexibility regulatory proposals and to explain the rational

for their actions. The Act covers a wide-range of small entities,

including small businesses, not-for-profit organizations and small

governmental jurisdictions.

Agencies must perform a review to determine whether a proposed or

final rule will have a significant economic impact on a substantial

number of small entities. If the determination is that it will, the

agency must prepare a regulatory flexibility analysis (RFA) as

described in the Act.

However, if an agency determines that a proposed or final rule is

not expected to have a significant economic impact on a substantial

number of small entities, section 605(b) of the 1980 Act provides that

the head of the agency may so certify and an RFA is not required. The

certification must include a statement providing the factual basis for

this determination, and the reasoning should be clear.

The major economic impact, in this case, will be the inconvenience

of circumnavigation to operators who may want to operate in the area of

the TFR. An aircraft operator could avoid the restricted airspace by

flying over it or by circumnavigating the restricted airspace. Because

the possibility of such occurrences is for a limited time and the

restricted areas are limited in size, the FAA believes that any

circumnavigation costs will be negligible.

The FAA conducted the required review of this proposal and

determined that it would not have a significant economic impact on a

substantial number of small entities. As previously

[[Page 51770]]

stated, the major economic impact would be the inconvenience of

circumnavigation to operators who may want to operate in the area of

the TFR. Because the possibility of such occurrences is for a limited

time and the restricted area is limited in size, the FAA believes that

any costs would be negligible.

Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C.

605(b), the FAA certifies that this rule will not have a significant

impact on a substantial number of small entities. The FAA solicits

comments from affected entities with respect to this finding and

determination.

International Trade Impact Analysis

The provisions of this rule will have no impact on trade for U.S.

firms doing business in foreign countries and for foreign firms doing

business in the United States.

Federalism Implications

The regulations herein will not have substantial direct effects on

the states, on the relationship between the national government and the

states, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule will not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule that may result in the expenditure by State, local, and tribal

governments, in the aggregate, or by the private sector, of $100

million or more (adjusted annually for inflation) in any one year.

Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal

agency to develop an effective process to permit timely input by

elected officers (or their designees) of State, local, and tribal

governments on a ``significant intergovernmental mandate.'' A

``significant intergovernmental mandate'' under the Act is any

provision in a Federal agency regulation that will impose an

enforceable duty upon State, local, and tribal governments, in the

aggregate, of $100 million (adjusted annually for inflation) in any one

year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section

204(a), provides that before establishing any regulatory requirements

that might significantly or uniquely affect small governments, the

agency shall have developed a plan that, among other things, provides

for notice to potentially affected small governments, if any, and for a

meaningful and timely opportunity to provide input in the development

of regulatory proposals.

This rule does not contain a Federal intergovernmental or private

sector mandate that exceeds $100 million a year.

List of Subjects in 14 CFR Part 91

Air traffic control, Aircraft, Airports, Aviation safety.

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends part 91 of Title 14, Code of Federal Regulations

(14 CFR part 91) as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

1. The authority citation for part 91 continues to read as follows:

Authority: 49 USC 106(g), 1155, 40103, 40113, 40120, 44101,

44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,

46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,

articles 12 and 29 of the Convention on International Civil Aviation

(61 stat. 1180).

2. Amend part 91 by adding Special Federal Aviation Regulation No.

83 to read as follows:

SFAR 83--Airspace and Flight Operations Requirements for the 1998

Kodak Albuquerque International Balloon Fiesta; Albuquerque, NM

1. General. (a) Each person shall be familiar with all NOTAMs

issued pursuant to this SFAR and all other available information

concerning that operation before conducting any operation into or

out of an airport or area specified in this SFAR or in NOTAMs

pursuant to this SFAR. In addition, each person operating an

international flight that will enter the U.S. shall be familiar with

any international NOTAMs issued pursuant to this SFAR. NOTAMs are

available for inspection at operating FAA air traffic facilities and

regional air traffic division offices.

(b) Notwithstanding any provision of the Title 14, Code of

Federal Regulations, no person may operate an aircraft contrary to

any restriction procedure specified in this SFAR or by the

Administrator, or through a NOTAM issued pursuant to this SFAR.

(c) As conditions warrant, the Administrator is authorized to--

(1) Restrict, prohibit, or permit IFR/VFR operations in the

temporary flight restricted area designated in this SFAR or in a

NOTAM issued pursuant to this SFAR;

(2) Give priority to or exclude the following flights from

provisions of this SFAR and NOTAMs issued pursuant to this SFAR:

(i) Essential military.

(ii) Medical and rescue.

(iii) Presidential and Vice Presidential.

(iv) Flights carrying visiting heads of state.

(v) Law enforcement and security.

(vi) Flights authorized by the Director, Air Traffic Service.

(d) For security purposes, the Administrator may issue NOTAMs

during the effective period of this SFAR to cancel or modify

provisions of this SFAR and NOTAMs issued pursuant to this SFAR if

such action is consistent with the safe and efficient use of

airspace and the safety and security of persons and property on the

ground as affected by air traffic.

2. Temporary Flight Restriction. At the following location,

flight is restricted during the indicated dates and times: That

airspace within a 4 NM radius centered on the Albuquerque VORTAC 038

radial 14 DME fix from the surface up to but not including 8,000

feet MSL unless otherwise authorized by Albuquerque ATCT.

3. Dates and Times of Designation. (a) October 3 through October

11, 1998, from 0530 MDT until 1200 MDT.

(b) October 3 through October 11, 1998, from 1600 MDT until 2200

MDT.

4. Expiration. This Special Federal Aviation Regulation expires

on October 12, 1998.

Issued in Washington, DC, on September 23, 1998.

Jane F. Garvey,

Administrator.

[FR Doc. 98-25848 Filed 9-23-98; 4:58 pm]

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