[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44814-44816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21268]
[[Page 44813]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 91
Airspace and Flight Operations Requirements for the Kodak Albuquerque
International Balloon Fiesta; Albuquerque, NM; Final Rule
Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 /
Rules and Regulations
[[Page 44814]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 29279; SFAR No. 86]
RIN 2120-AG79
Airspace and Flight Operations Requirements for the Kodak
Albuquerque International Balloon Fiesta; Albuquerque, NN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a temporary flight restriction (TFR)
area for the periods of October 2 through October 10, 1999, and October
7 through October 15, 2000, for the 1999 and 2000 Kodak Albuquerque
International Balloon Fiestas (KAIBF). This TFR is necessary to manage
aircraft operating in the vicinity of the KAIBF, and to prevent unsafe
congestion of aircraft that are sightseeing over and around the KAIBF.
DATES: Effective date for 1999: October 2 through October 10, 1999;
effective date for 2000: October 7 through October 15, 2000.
FOR FURTHER INFORMATION CONTACT:
Steve Rohring, Airspace and Rules Division, ATA-400, Office of Air
Traffic Airspace Management, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the FedWorld electronic bulletin board service (telephone: (703)
321-3339), the Government Printing Office's (GPO) electronic bulletin
board service (telephone: (202) 512-1661), or, if applicable, the FAA's
Aviation Rulemaking Advisory Committee bulletin board service
(telephone: (800) 322-2722 or (202) 267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the GPO's web page at http://
www.access.gpo.gov/nara for access to recently published rulemaking
documents.
Any person may obtain a copy of this document by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling
(202) 267-9680. Communications must identify the SFAR number or docket
number of this final rule.
Persons interested in being placed on the mailing list for future
rulemaking documents should request from the above office a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statutes
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplies by a
small entity.
If your organization is a small entity and you have a question,
contact your local FAA official. If you do not know how to contact your
local FAA official, you may contact Charlene Brown, Program Analysis
Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591, (888) 551-1594.
Internet users can find additional information on SBREFA in the ``Quick
Jump'' section of the FAA's web page at http://www.faa.gov and may send
electronic inquiries to the following Internet address: 9-AWA-
[email protected].
Background
The KAIBF will be held on October 2 through October 10, 1999, and
the following year on October 7 through October 15, 2000, at a site 9
miles north of Albuquerque International Sunport, in Albuquerque, NM.
This Special Federal Aviation Regulations (SFAR) establishes a TFR
area to provide for the safety of persons and property in the air and
on the ground during the KAIBF. The TFR are will restrict aircraft
operations in a specified location; however, access to this area maybe
allowed with the appropriate air traffic control (ATC) authorization
from the Albuquerque International Sunport Airport Traffic Control
Tower (ATCT). ATC will retain the ability to manage aircraft through
the TFR area in accordance with established ATC procedures.
Specifically, the TFR area will be 9 miles north of the Albuquerque
International Sunport ATCT and just west of Interstate Highway 25 (I-
25). The TFR area will be centered on the Albuquerque Very High
Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC)
038 deg. radical 14 distance measuring equipment (DME) fix. The are
will encompass a 4 nautical mile (NM) radius, extending from the
surface up to but not including 8,000 feet mean sea level (MSL). The
TFR area will be in effect between the hours of 0530 Mountain Daylight
Time (MDT) and 1200 MDT, and from 1600 MDT until 2200 MDT on October 2
through October 10, 1999, and October 7 through October 15, 2000.
Unauthorized aircraft will be required to remain clear of this area
during these times.
The location, dimensions, and effective times of the TFR area will
be published and disseminated via the Notice to Airmen (NOTAM) system.
Exceptions
This SFAR contains provisions to provide for flexible, efficient
management and control of air traffic. ATC has the authority to give
priority to, or exclude from the requirements of the SFAR, certain
flight operations dealing with or containing personnel or equipment for
essential military, medical emergency, rescue, or law enforcement
purposes, and transportation of the President, or heads of state.
Notice to Airmen Information
Time-critical aeronautical information that is of a temporary
nature, or is not sufficiently known in advance to permit publication
on aeronautical charts or in other operational publications, receives
immediate dissemination via the NOTAM system. All domestic operators
planning flight to the KAIBF will need to pay particular attention to
NOTAM D and Flight Data Center (FDC) NOTAM information.
NOTAM D contains information on airports, runways, navigational
aids, radar services, and other information essential to flight. An FDC
NOTAM contains information that is regulatory in nature, such as
amendments to aeronautical charts and restrictions to flight. FDC NOTAM
and NOTAM D information will also be provided to international
operators in the form of International NOTAMs. NOTAMs are distributed
through the National Communications Center is Kansas city, MO, for
transmission to all air traffic facilities having telecommunications
access.
Pilots and operators will need to consult the monthly NOTAM
Domestic/International publication. This publication contains NOTAM FDC
and D NOTAMs. Special information, including graphics, will be
published in the biweekly publication in advance of the KAIBF. For more
detailed information concerning the NOTAM
[[Page 44815]]
system, refer to the Aeronautical Information Manual ``Preflight''
section.
Other U.S. Laws and Regulations
Aircraft operators should understand that the SFAR is in addition
to other laws and regulations of the U.S. The SFAR will not waive or
supersede any U.S. statute or obligation. When operating within the
jurisdictional limits of the U.S., operators of foreign aircraft must
conform to all applicable requirements of U.S. Federal, State, and
local governments. In particular, aircraft operators planning flights
into the U.S. must be aware of and conform to the rules and regulations
established by the:
1. U.S. Department of Transportation regarding flights entering the
U.S.;
2. U.S. Customs Service, Immigration and other authorities
regarding customs, immigrations, health, firearms, and imports/exports;
3. U.S. FAA regarding flight within or into U.S. airspace. This
includes compliance with Parts 91, 121 and 135 of Title 14 of the code
of Federal Regulations regarding operations into or within the U.S.
through air defense identification zones, and compliance with general
flight rules; and,
4. Airport management authorities regarding use of airports and
airport facilities.
Discussion of Comments
A notice of proposed rulemaking (NPRM) was published in the Federal
Register on May 18, 1999 (64 FR 27160) and a correction was published
on May 28, 1999 (64 FR 28945). No comments were received regarding this
proposal. Except for minor editorial changes, this amendment is adopted
as proposed in the NPRM.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA has determined that there are no requirements for
information collection associated with this final rule.
Compatibility With ICAO Standards
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, the
Office of Management and Budget (OMB) directs agencies to assess the
effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this rule is not ``a
significant regulatory action'' under section 3(f) of Executive Order
12866 and, therefore, is not subject to review by OMB. The rule is not
considered significant under the regulatory policies and procedures of
the Department of Transportation (44 FR 11034, February 26, 1979). This
rule will not have a significant impact on a substantial number of
small entities and will not constitute a barrier to international
trade.
This regulatory evaluation examined the costs and benefits of the
SFAR applicable for the periods October 2 through October 10, 1999, and
October 7 through October 15, 2000. This SFAR establishes a TFR area
for the 1999 and 2000 KAIBFs to be held in Albuquerque, NM. Since the
impacts of the change are relatively minor, this economic summary
constitutes the analysis, and no regulatory evaluation will be placed
in the docket.
The major economic impact, in this case, will be the inconvenience
of circumnavigation to operators who may want to operate in the area of
the TFR. An aircraft operator could avoid the restricted airspace by
flying over it or by circumnavigating the restricted airspace. Because
the possibility of such occurrences is for a limited time and the
restricted areas are limited in size, any circumnavigation costs will
be negligible.
The benefits of the TFR airspace will primarily be a lowered risk
of midair collisions between aircraft and balloons due to increased
positive control of TFR airspace. While benefits cannot be quantified,
the FAA believes the benefits are commensurate with the small costs
attributed to the temporary inconvenience of the flight restrictions
for operators near the TFR area.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance, that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of
businesses, organizations, and governmental jurisdictions subject to
regulations.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA covers a wide range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis for
this determination and the reasoning should be clear.
The FAA conducted the required review of this final rule and
determined that it will not have a significant economic impact on a
substantial number of small entities. As previously stated, the major
economic impact, in this case, will be the inconvenience of
circumnavigation to operators who may want to operate in the area of
the TFR. Because the possibility of such occurrences is for a limited
time and the restricted areas are limited in size, any circumnavigation
costs will be negligible.
Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C.
605(b), the FAA certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Statement
The provisions of this rule will have little or no impact on trade
for U.S. firms doing business in foreign countries and foreign firms
doing business in the United States.
Federalism Implications
The regulations herein will not have a substantial direct effect on
the States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule will not have sufficient
federalism implications
[[Page 44816]]
to warrant the preparation of a federalism assessment.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
codified as 2 U.S.C. 1501-1571, requires each Federal agency, to the
extent permitted by law, to prepare a written assessment of the effects
of any Federal mandate in a proposed or final agency rule that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any 1 year. Section 204(a) of the
Act, 2 U.S.C. 1534(a), requires a Federal agency to develop an
effective process to permit timely input by elected officers (or their
designees) of State, local, and tribal governments on a proposed
``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that would impose an enforceable duty upon State,
local, and tribal governments, in the aggregate, of $100 million
(adjusted annually for inflation) in any 1 year. Section 203 of the
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that
before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan that, among other things, provides for notice to
potentially affected small governments, if any, and for a meaningful
and timely opportunity to provide input in the development of
regulatory proposals.
This rule does not contain a Federal intergovernmental or private
sector mandate that exceeds $100 million in any 1 year.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or environmental impact statement. In
accordance with FAA Order 1050.1D, this rulemaking action qualifies for
a categorical exclusion.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airports, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends part 91 of Title 14, Code of Federal Regulations
(14 CFR part 91) as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
2. Amend part 91 by adding Special Federal Aviation Regulation No.
86 to read as follows:
SFAR No. 86--Airspace and Flight Operations Requirements for the
1999 and 2000 Kodak Albuquerque International Balloon Fiestas,
Albuquerque, NM
1. General. (a) Each person shall be familiar with all NOTAMs
issued pursuant to this SFAR and all other available information
concerning that operation before conducting any operation into or
out of an airport or area specified in this SFAR or in NOTAMs
pursuant to this SFAR. In addition, each person operating an
international flight that will enter the U.S. shall be familiar with
any international NOTAMs issued pursuant to this SFAR. NOTAMs are
available for inspection at operating FAA air traffic facilities and
regional air traffic division offices.
(b) Notwithstanding any provision of the Title 14, Code of
Federal Regulations, no person may operate an aircraft contrary to
any restriction procedure specified in this SFAR or by the
Administrator, or through a NOTAM issued pursuant to this SFAR.
(c) As conditions warrant, the Administrator is authorized to--
(1) Restrict, prohibit, or permit IFR/VFR operations in the
temporary flight restricted area designated in this SFAR or in a
NOTAM issued pursuant to this SFAR;
(2) Give priority to or exclude the following flights from
provisions of this SFAR and NOTAMs issued pursuant to this SFAR:
(i) Essential military.
(ii) Medical and rescue.
(iii) Presidential and Vice Presidential.
(iv) Flights carrying visiting heads of state.
(v) Law enforcement and security.
(vi) Flights authorized by the Director, Air Traffic Service.
(d) For security purposes, the Administrator may issue NOTAMs
during the effective period of this SFAR to cancel or modify
provisions of this SFAR and NOTAMs issued pursuant to this SFAR if
such action is consistent with the safe and efficient use of
airspace and the safety and security of persons and property on the
ground as affected by air traffic.
2. Temporary Flight Restriction. At the following location,
flight is restricted during the indicated dates and times: That
airspace within a 4 NM radius centered on the Albuquerque VORTAC
038 deg. radial 14 DME fix from the surface up to but not including
8,000 feet MSL unless otherwise authorized by Albuquerque ATCT.
3. Dates and Times of Designation. (a) October 2 through October
10, 1999, and October 7 through October 15, 2000, from 0530 MDT
until 1200 MDT.
(b) October 2 through October 10, 1999, and October 7 through
October 15, 2000, from 1600 MDT until 2200 MDT.
4. Expiration. This Special Federal Aviation Regulation expires
on October 16, 2000.
Issued in Washington, DC, on August 11, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-21268 Filed 8-16-99; 8:45 am]
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