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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29279; Notice No. 99-06]

RIN 2120-AG79

Airspace and Flight Operations Requirements for Kodak Albuquerque

International Balloon Fiesta; Albuquerque, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes a Special Federal Aviation Regulation

(SFAR), applicable for the periods of October 2 through October 10,

1999, and October 7 through October 15, 2000, to establish a temporary

flight restriction (TFR) area for the 1999 and 2000 Kodak Albuquerque

International Balloon Fiestas (KAIBF). The FAA is proposing this action

to manage aircraft operating in the vicinity of the KAIBF, and to

prevent any unsafe congestion of sightseeing and other aircraft over

and around the Balloon Fiesta launch site.

DATES: Comments must be received on or before July 19, 1999.

ADDRESSES: Comments on this document should be mailed or delivered, in

duplicate, to: U.S. Department of Transportation Dockets, Docket No.

29279, 400 Seventh Street SW., Room Plaza 401, Washington, DC 20590.

Comments also may be sent electronically to the following Internet

address: [email protected] Comments may be filed and examined in

Room Plaza 401 between 10 a.m. and 5 p.m. weekdays, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules

Division, ATA-400, Office of Air Traffic Airspace Management, Federal

Aviation Administration, 800 Independence Avenue, SW., Washington, DC

20591; telephone (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the

proposed rule by submitting such written data, views, or arguments as

they may desire. Comments relating to the environmental, energy,

federalism, or economic impact that might result from adopting the

proposals in this document also are invited. Substantive comments

should be accompanied by cost estimates. Comments must identify the

regulatory docket or notice number and be submitted in duplicate to the

DOT Rules Docket address specified above.

All comments received, as well as a report summarizing each

substantive public contact with FAA personnel concerning this proposed

rulemaking, will be filed in the docket. The docket is available for

public inspection before and after the comment closing date.

All comments received on or before the closing date will be

considered by the Administrator before taking action on this proposed

rulemaking. Comments filed late will be considered as far as possible

without incurring expense or delay. The proposals in this document may

be changed in light of the comments received.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this document must include a pre-addressed,

stamped postcard with those comments on which the following statement

is made: ``Comments to Docket No. 29279'' The postcard will be date

stamped and mailed to the commenter.

Availability of NPRM

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

and suitable communications software from the FAA regulations section

of the FedWorld electronic bulletin board service (telephone: (703)

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

board service (telephone: (202) 512-1661), or, if applicable, the FAA's

Aviation Rulemaking Advisory Committee bulletin board service

(telephone: (800) 322-2722 or (202) 267-5948).

Internet users may reach the FAA's web page at http://www.faa.gov/

avr/arm/nprm/nprm.htm or the GPO's web page at http://

www.access.gpo.gov/nara for access to recently published rulemaking

documents.

Any person may obtain a copy of this document by submitting a

request to the Federal Aviation Administration, Office of Rulemaking,

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

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

or docket number of this NPRM.

Persons interested in being placed on the mailing list for future

rulemaking documents should request from the above office a copy of

Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution

System, which describes the application procedure.

Background

The KAIBF will be held on October 2 through October 10, 1999, and

the following year on October 7 through October 15, 2000, at a site 9

miles north of Albuquerque International Sunport, in Albuquerque, NM.

This proposed SFAR would establish a TFR area to provide for the

safety of persons and property in the air and on the ground during the

KAIBF. The proposed TFR area would restrict aircraft operations in a

specified location; however, access to this area may be allowed with

the appropriate air traffic control (ATC) authorization from the

Albuquerque International Sunport Airport Traffic Control Tower (ATCT).

ATC would retain the ability to manage aircraft through the TFR area in

accordance with established ATC procedures.

Specifically, the proposed TFR area would be 9 miles north of the

Albuquerque International Sunport ATCT and just west of Interstate

Highway 25 (I-25). The TFR area would be centered on the Albuquerque

Very High Frequency Omnidirectional Range/Tactical Air Navigation

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

area would encompass a 4-nautical-mile radius, extending from the

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

TFR area would be in effect between the hours of 0530 mountain daylight

time MDT and 1200 MDT, and from 1600 MDT until 2200 MDT on October 2

through October 10, 1999, and October 7 through October 15, 2000.

Unauthorized aircraft would be required to remain clear of this area

during these times.

The location, dimensions, and effective times of the proposed TFR

area would be published and disseminated via the Notice to Airmen

(NOTAM) system.

Exceptions

The proposed SFAR would contain provisions to provide for flexible,

efficient management and control of air traffic. ATC would have the

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

SFAR, certain flight operations dealing with or containing personnel or

equipment for essential military, medical emergency, rescue, or law

enforcement purposes, and transportation of the President, or heads of

state.

Notice to Airmen Information

Time-critical aeronautical information that is of a temporary

nature, or is not sufficiently known in advance to permit

[[Page 27161]]

publication on aeronautical charts or in other operational

publications, receives immediate dissemination via the NOTAM system.

All domestic operators planning flights to the KAIBF would need to pay

particular attention to NOTAM D and Flight Data Center (FDC) NOTAM

information.

NOTAM D contains information on airports, runways, navigational

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

NOTAM contains regulatory information, such as amendments to

aeronautical charts and restrictions to flight. FDC NOTAM and NOTAM D

information also would be provided to international operators in the

form of International NOTAMs. NOTAMs are distributed through the

National Communications Center in Kansas City, Missouri, for

transmission to all air traffic facilities having telecommunications

access.

Pilots and operators would need to consult the monthly NOTAM

Domestic/International publication. This publication contains FDC NOTAM

and NOTAM D information. Special information, including graphics, would

be published in the biweekly publication several weeks in advance of

the KAIBF. For more detailed information concerning the NOTAM system,

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

Other U.S. Laws and Regulations

Aircraft operators should understand clearly that the proposed SFAR

is in addition to other laws and regulations of the United States. The

SFAR would not waive or supersede any U.S. statute or obligation. When

operating within the jurisdictional limits of the United States,

operators of foreign aircraft must conform with all applicable

requirements of U.S. Federal, State, and local governments. In

particular, aircraft operators planning flights into the United States

must be aware of and conform to the rules and regulations established

by the:

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

United States;

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

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

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

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

Federal Regulations regarding operations into or within the United

States through air defense identification zones, and compliance with

general flight rules; and,

4. Airport management authorities regarding use of airports and

airport facilities.

Paperwork Reduction Act

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

3507(d)), the FAA has determined that there are no requirements for

information collection associated with this proposed rule.

Compatibility With ICAO Standards

In keeping with U.S. obligations under the Convention on

International Civil Aviation, it is FAA policy to comply with

International Civil Aviation Organization (ICAO) Standards and

Recommended Practices to the maximum extent practicable. The FAA has

reviewed the corresponding ICAO Standards and Recommended Practices and

has identified no differences with these proposed regulations.

Regulatory Evaluation Summary

Changes to Federal regulations must undergo several economic

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

shall propose or adopt a regulation only upon a reasoned determination

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

the Regulatory Flexibility Act of 1980 requires agencies to analyze the

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

Office of Management and Budget directs agencies to assess the effect

of regulatory changes on international trade. In conducting these

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

significant regulatory action'' under section 3(f) of Executive Order

12866 and, therefore, is not subject to review by the Office of

Management and Budget. This proposed rule is not considered significant

under the regulatory policies and procedures of the Department of

Transportation (44 FR 11034, February 26, 1979). This proposed rule

would not have a significant impact on a substantial number of small

entities and would not constitute a barrier to international trade. The

FAA invites the public to provide comments and supporting data on the

assumptions made in this evaluation. All comments received will be

considered in the final regulatory evaluation.

This regulatory evaluation examined the costs and benefits of the

proposed SFAR applicable for the periods October 2 through October 10,

1999, and October 7 through October 15, 2000. The SFAR proposes to

establish a TFR area for the 1999 and 2000 KAIBF to be held in

Albuquerque, NM. Because the impacts of the proposed change are

relatively minor, this economic summary constitutes the analysis, and

no regulatory evaluation will be placed in the docket.

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

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

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

flying over it or by circumnavigating the restricted airspace. Because

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

restricted areas are limited in size, any circumnavigation costs would

be negligible.

The benefits of the proposed TFR airspace would primarily be a

lowered risk of midair collisions between aircraft and balloons due to

increased positive control of TFR airspace. While benefits cannot be

quantified, the benefits are commensurate with the small costs

attributed to the temporary inconvenience of the flight restrictions

for operators near the TFR area.

Initial Regulatory Flexibility Act Determination

The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a

principle of regulatory issuance, that agencies shall endeavor,

consistent with the objective of the rule and of applicable statutes,

to fit regulatory and informational requirements to the scale of

businesses, organizations, and governmental jurisdictions subject to

regulation.'' To achieve that principle, the RFA requires agencies to

solicit and consider flexible regulatory proposals and to explain the

rationale for their actions. The RFA covers a wide range of small

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

small governmental jurisdictions.

Agencies must perform a review to determine whether a proposed or

final rule will have a significant economic impact on a substantial

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

agency must prepare a regulatory flexibility analysis as described in

the RFA.

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

not expected to have a significant economic impact on a substantial

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

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

certification must include a statement providing the factual basis for

this determination and the reasoning should be clear.

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

of circumnavigation to operators who may

[[Page 27162]]

want to operate in the area of the TFR. An aircraft operator could

avoid the restricted airspace by flying over it or by circumnavigating

the restricted airspace. Because the possibility of such occurrences is

for a limited time and the restricted areas are limited in size, any

circumnavigation costs would be negligible.

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

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

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

solicits comments from affected entities with respect to this finding

and determination.

International Trade Impact Analysis

The provisions of this proposed rule would have little or no impact

on trade for U.S. firms doing business in foreign countries and foreign

firms doing business in the United States.

Federalism Implications

The regulation proposed herein would not have substantial direct

effects on the States, on the relationship between the national

Government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposed regulation would not have sufficient federalism implications

to warrant the preparation of a federalism assessment.

Unfunded Mandates Reform Act

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

codified in 2 U.S.C. 1501-1571, requires each Federal agency, to the

extent permitted by law, to prepare a written assessment of the effects

of any Federal mandate in a proposed or final agency rule that may

result in the expenditure by State, local, and tribal governments, in

the aggregate, or by the private sector, of $100 million or more

(adjusted annually for inflation) in any one year. Section 204(a) of

the Act, 2 U.S.C. 1534(a), requires the Federal agency to develop an

effective process to permit timely input by elected officers (or their

designees) of State, local, and tribal governments on a proposed

``significant intergovernmental mandate.'' A ``significant

intergovernmental mandate'' under the Act is any provision in a Federal

agency regulation that would impose an enforceable duty upon State,

local, and tribal governments, in the aggregate, of $100 million

(adjusted annually for inflation) in any one year. Section 203 of the

Act, 2 U.S.C. 1533, which supplements section 204(a), provides that

before establishing any regulatory requirements that might

significantly or uniquely affect small governments, the agency shall

have developed a plan that, among other things, provides for notice to

potentially affected small governments, if any, and for a meaningful

and timely opportunity to provide input in the development of

regulatory proposals.

This proposed rule does not contain a Federal intergovernmental or

private sector mandate that exceeds $100 million in any one year.

Environmental Analysis

FAA Order 1050.1D defines FAA actions that may be categorically

excluded from preparation of a National Environmental Policy Act (NEPA)

environmental assessment or environmental impact statement. In

accordance with FAA Order 1050.1D, this rulemaking action qualifies for

a categorical exclusion.

This proposed action would establish a TFR area for safety purposes

and would curtail or limit certain aircraft operations within a

designated area on defined dates and times. Additionally, this proposed

action would be temporary in nature and effective only for the dates

and times necessary to provide for the management of air traffic

operations and the protection of participants and spectators on the

ground. ATC would retain the ability to direct aircraft through the

restricted area in accordance with normal traffic flows. The FAA has

determined that the proposed establishment of a TFR area would have

minimal impact on ATC operations.

Further, this action would reduce aircraft activity in the vicinity

of the Balloon Fiesta by restricting aircraft operations. There would

be fewer aircraft operations in the vicinity of the Balloon Fiesta than

would occur if the TFR area were not in place, and noise levels

associated with that greater aircraft activity would also be reduced.

Additionally, aircraft avoiding the TFR area would not be routed over

any particular area. This action would not, therefore, result in any

long-term action that would routinely route aircraft over noise-

sensitive areas. For the reasons stated above, the FAA concludes that

this proposed rule would not significantly affect the quality of the

human environment.

Energy Impact

The energy impact of the notice has been assessed in accordance

with the Energy Policy and Conservation Act (EPCA), Pub. L. 94-163, and

FAA Order 1053.1. It has been determined that the notice is not a major

regulatory action under the provisions of the EPCA.

List of Subjects in 14 CFR Part 91

Air traffic control, Aircraft, Airports, Aviation safety.

The Proposed Special Federal Aviation Regulation (SFAR)

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend part 91 of Title 14, Code of Federal

Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,

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

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

articles 12 and 29 of the Convention on International Civil Aviation

(61 stat. 1180).

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

[Insert SFAR No. ] to read as follows:

SFAR No. [XXX]-Airspace and Flight Operations Requirements for the

1999 and 2000 Kodak Albuquerque International Balloon Fiestas,

Albuquerque, NM

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

Airmen (NOTAMs) issued pursuant to this SFAR and all other available

information concerning that operation before conducting any operation

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

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

international flight that will enter the United States shall be

familiar with any international NOTAMs issued pursuant to this SFAR.

NOTAMs are available for inspection at operating Federal Aviation

Administration air traffic facilities and regional air traffic division

offices.

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

Regulations, no person may operate an aircraft contrary to any

restriction procedure specified in this SFAR, or through a NOTAM issued

pursuant to this SFAR, or by the Administrator.

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

(1) Restrict, prohibit, or permit IFR/VFR (instrument flight rules/

visual flight rules) operations in the temporary flight restricted area

designated in this SFAR or in a NOTAM issued pursuant to this SFAR;

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

provisions of this

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SFAR and NOTAMs issued pursuant to this SFAR:

(i) Essential military.

(ii) Medical and rescue.

(iii) Presidential and Vice Presidential.

(iv) Flights carrying visiting heads of state.

(v) Law enforcement and security.

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

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

during the effective period of this SFAR to cancel or modify provisions

of this SFAR and NOTAMs issued pursuant to this SFAR if such action is

consistent with the safe and efficient use of airspace and the safety

and security of persons and property on the ground as affected by air

traffic.

2. Temporary Flight Restriction. At the following location, flight

is restricted during the indicated dates and times: That airspace

within a 4-nautical-mile radius centered on the Albuquerque Very High

Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC)

038 deg. radial 14 distance measuring equipment (DME) fix from the

surface up to but not including 8,000 feet mean sea level unless

otherwise authorized by Albuquerque Airport Traffic Control Tower.

3. Dates and Times of Designation. (a) October 2 through October

10, 1999, and October 7 through October 15, 2000, from 0530 MDT until

1200 MDT.

(b) October 2 through October 10, 1999, and October 7 through

October 15, 2000, from 1600 MDT until 2200 MDT.

4. Expiration. This Special Federal Aviation Regulation expires on

October 16, 2000.

Issued in Washington, DC, on May 6, 1999.

Reginald C. Matthews,

Acting Program Director, Air Traffic Airspace Management.

[FR Doc. 99-12517 Filed 5-17-99; 8:45 am]

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