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

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

area for the periods of October 2 through October 10, 1999, and October

7 through October 15, 2000, for the 1999 and 2000 Kodak Albuquerque

International Balloon Fiestas (KAIBF). This TFR is necessary to manage

aircraft operating in the vicinity of the KAIBF, and to prevent unsafe

congestion of aircraft that are sightseeing over and around the KAIBF.

DATES: Effective date for 1999: October 2 through October 10, 1999;

effective date for 2000: October 7 through October 15, 2000.

FOR FURTHER INFORMATION CONTACT:

Steve Rohring, Airspace and Rules Division, ATA-400, Office of Air

Traffic Airspace Management, Federal Aviation Administration, 800

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

8783.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

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

and suitable communications software from the FAA regulations section

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

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

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

Aviation Rulemaking Advisory Committee bulletin board service

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

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

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

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

documents.

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

request to the Federal Aviation Administration, Office of Rulemaking,

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

(202) 267-9680. Communications must identify the SFAR number or docket

number of this final rule.

Persons interested in being placed on the mailing list for future

rulemaking documents should request from the above office a copy of

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

System, which describes the application procedure.

Small Entity Inquiries

The Small Business Regulatory Enforcement Fairness Act of 1996

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

concerning information on, and advice about, compliance with statutes

and regulations within the FAA's jurisdiction, including interpretation

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

small entity.

If your organization is a small entity and you have a question,

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

local FAA official, you may contact Charlene Brown, Program Analysis

Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration,

800 Independence Avenue SW., Washington, DC 20591, (888) 551-1594.

Internet users can find additional information on SBREFA in the ``Quick

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

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

[email protected]

Background

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

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

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

This Special Federal Aviation Regulations (SFAR) establishes a TFR

area to provide for the safety of persons and property in the air and

on the ground during the KAIBF. The TFR are will restrict aircraft

operations in a specified location; however, access to this area maybe

allowed with the appropriate air traffic control (ATC) authorization

from the Albuquerque International Sunport Airport Traffic Control

Tower (ATCT). ATC will retain the ability to manage aircraft through

the TFR area in accordance with established ATC procedures.

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

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

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

Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC)

038 deg. radical 14 distance measuring equipment (DME) fix. The are

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

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

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

Time (MDT) and 1200 MDT, and from 1600 MDT until 2200 MDT on October 2

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

Unauthorized aircraft will be required to remain clear of this area

during these times.

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

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

Exceptions

This SFAR contains provisions to provide for flexible, efficient

management and control of air traffic. ATC has the authority to give

priority to, or exclude from the requirements of the SFAR, certain

flight operations dealing with or containing personnel or equipment for

essential military, medical emergency, rescue, or law enforcement

purposes, and transportation of the President, or heads of state.

Notice to Airmen Information

Time-critical aeronautical information that is of a temporary

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

on aeronautical charts or in other operational publications, receives

immediate dissemination via the NOTAM system. All domestic operators

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

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

NOTAM D contains information on airports, runways, navigational

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

NOTAM contains information that is regulatory in nature, such as

amendments to aeronautical charts and restrictions to flight. FDC NOTAM

and NOTAM D information will also be provided to international

operators in the form of International NOTAMs. NOTAMs are distributed

through the National Communications Center is Kansas city, MO, for

transmission to all air traffic facilities having telecommunications

access.

Pilots and operators will need to consult the monthly NOTAM

Domestic/International publication. This publication contains NOTAM FDC

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

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

detailed information concerning the NOTAM

[[Page 44815]]

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

section.

Other U.S. Laws and Regulations

Aircraft operators should understand that the SFAR is in addition

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

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

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

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

local governments. In particular, aircraft operators planning flights

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

established by the:

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

U.S.;

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

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

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

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

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

through air defense identification zones, and compliance with general

flight rules; and,

4. Airport management authorities regarding use of airports and

airport facilities.

Discussion of Comments

A notice of proposed rulemaking (NPRM) was published in the Federal

Register on May 18, 1999 (64 FR 27160) and a correction was published

on May 28, 1999 (64 FR 28945). No comments were received regarding this

proposal. Except for minor editorial changes, this amendment is adopted

as proposed in the NPRM.

Paperwork Reduction Act

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

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

information collection associated with this final rule.

Compatibility With ICAO Standards

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

International Civil Aviation, it is FAA policy to comply with

International Civil Aviation Organization (ICAO) Standards and

Recommended Practices to the maximum extent practicable. The FAA has

reviewed the corresponding ICAO Standards and Recommended Practices and

has identified no differences with these regulations.

Regulatory Evaluation Summary

Changes to Federal regulations must undergo several economic

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

shall propose or adopt a regulation only upon a reasoned determination

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

the Regulatory Flexibility Act of 1980 requires agencies to analyze the

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

Office of Management and Budget (OMB) directs agencies to assess the

effect of regulatory changes on international trade. In conducting

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

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

12866 and, therefore, is not subject to review by OMB. The rule is not

considered significant under the regulatory policies and procedures of

the Department of Transportation (44 FR 11034, February 26, 1979). This

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

small entities and will not constitute a barrier to international

trade.

This regulatory evaluation examined the costs and benefits of the

SFAR applicable for the periods October 2 through October 10, 1999, and

October 7 through October 15, 2000. This SFAR establishes a TFR area

for the 1999 and 2000 KAIBFs to be held in Albuquerque, NM. Since the

impacts of the change are relatively minor, this economic summary

constitutes the analysis, and no regulatory evaluation will be placed

in the docket.

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

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

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

flying over it or by circumnavigating the restricted airspace. Because

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

restricted areas are limited in size, any circumnavigation costs will

be negligible.

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

of midair collisions between aircraft and balloons due to increased

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

the FAA believes the benefits are commensurate with the small costs

attributed to the temporary inconvenience of the flight restrictions

for operators near the TFR area.

Final Regulatory Flexibility Determination

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

principle of regulatory issuance, that agencies shall endeavor,

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

to fit regulatory and informational requirements to the scale of

businesses, organizations, and governmental jurisdictions subject to

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

solicit and consider flexible regulatory proposals and to explain the

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

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

small governmental jurisdictions.

Agencies must perform a review to determine whether a proposed or

final rule will have a significant economic impact on a substantial

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

agency must prepare a regulatory flexibility analysis as described in

the RFA.

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

not expected to have a significant economic impact on a substantial

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

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

certification must include a statement providing the factual basis for

this determination and the reasoning should be clear.

The FAA conducted the required review of this final rule and

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

substantial number of small entities. As previously stated, the major

economic impact, in this case, will be the inconvenience of

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

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

time and the restricted areas are limited in size, any circumnavigation

costs will be negligible.

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

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

economic impact on a substantial number of small entities.

International Trade Impact Statement

The provisions of this rule will have little or no impact on trade

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

doing business in the United States.

Federalism Implications

The regulations herein will not have a substantial direct effect on

the States, on the relationship between the national Government and the

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

various levels of government. Therefore, in accordance with Executive

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

federalism implications

[[Page 44816]]

to warrant the preparation of a federalism assessment.

Unfunded Mandates Reform Act

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

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

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

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

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

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

(adjusted annually for inflation) in any 1 year. Section 204(a) of the

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

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

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

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

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

agency regulation that would impose an enforceable duty upon State,

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

(adjusted annually for inflation) in any 1 year. Section 203 of the

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

before establishing any regulatory requirements that might

significantly or uniquely affect small governments, the agency shall

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

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

and timely opportunity to provide input in the development of

regulatory proposals.

This rule does not contain a Federal intergovernmental or private

sector mandate that exceeds $100 million in any 1 year.

Environmental Analysis

FAA Order 1050.1D defines FAA actions that may be categorically

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

environmental assessment or environmental impact statement. In

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

a categorical exclusion.

List of Subjects in 14 CFR Part 91

Air traffic control, Aircraft, Airports, Aviation safety.

The Amendment

In consideration of the foregoing, the Federal Aviation

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

(14 CFR part 91) as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

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

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

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

articles 12 and 29 of the Convention on International Civil Aviation

(61 stat. 1180).

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

86 to read as follows:

SFAR No. 86--Airspace and Flight Operations Requirements for the

1999 and 2000 Kodak Albuquerque International Balloon Fiestas,

Albuquerque, NM

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

issued pursuant to this SFAR and all other available information

concerning that operation before conducting any operation into or

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

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

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

any international NOTAMs issued pursuant to this SFAR. NOTAMs are

available for inspection at operating FAA air traffic facilities and

regional air traffic division offices.

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

Federal Regulations, no person may operate an aircraft contrary to

any restriction procedure specified in this SFAR or by the

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

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

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

temporary flight restricted area designated in this SFAR or in a

NOTAM issued pursuant to this SFAR;

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

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

(i) Essential military.

(ii) Medical and rescue.

(iii) Presidential and Vice Presidential.

(iv) Flights carrying visiting heads of state.

(v) Law enforcement and security.

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

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

during the effective period of this SFAR to cancel or modify

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

such action is consistent with the safe and efficient use of

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

ground as affected by air traffic.

2. Temporary Flight Restriction. At the following location,

flight is restricted during the indicated dates and times: That

airspace within a 4 NM radius centered on the Albuquerque VORTAC

038 deg. radial 14 DME fix from the surface up to but not including

8,000 feet MSL unless otherwise authorized by Albuquerque ATCT.

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

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

until 1200 MDT.

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

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

4. Expiration. This Special Federal Aviation Regulation expires

on October 16, 2000.

Issued in Washington, DC, on August 11, 1999.

Jane F. Garvey,

Administrator.

[FR Doc. 99-21268 Filed 8-16-99; 8:45 am]

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