[Federal Register Volume 65, Number 222 (Thursday, November 16, 2000)]
[Proposed Rules]
[Pages 69426-69430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29318]



[[Page 69425]]

-----------------------------------------------------------------------

Part III





Department of Transportation





-----------------------------------------------------------------------



Federal Aviation Administration



-----------------------------------------------------------------------



14 CFR Parts 91 and 103



Temporary Flight Restrictions; Proposed Rule

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / 
Proposed Rules

[[Page 69426]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 103

[Docket No. FAA-2000-8274; Notice No. 00-13]
RIN 2120-AH13


Temporary Flight Restrictions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY:  This action proposes to add 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 
proposes to change the title of the regulation used to manage aircraft 
operations near hazard or disaster areas. This action also proposes to 
clarify the operating requirements for temporary flight restrictions in 
the vicinity of national disaster areas in the state of Hawaii. Finally 
this action proposes to amend the Ultralight Vehicle regulations to 
include all applicable references to temporary flight restrictions. The 
FAA is proposing 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: Send your comments on or before January 16, 2001.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2000-8274 at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that FAA 
received your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9:00 
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

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:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking 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 are also 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 period 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 notice must include a pre-addressed, 
stamped postcard with those comments on which the following statement 
is made: ``Comments to Docket No. FAA-2000-XXXX.'' The postcard will be 
date stamped and mailed to the commenter.

Availability of NPRMs

    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) or the Government Printing Office (GPO) electronic bulletin board 
service (telephone: 202-512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov/avr/arm/nprm.htm or GPO's webpage at http://www.access.gpo.gov/nara for 
access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM 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 of this NPRM. 
Persons interested in being placed on a mailing list for future NPRM's 
should request from the above office a copy of Advisory Circular No. 
11-2A, Notice of Proposed Rulemaking Distribution System, that 
describes the application procedure.

Background

Petitions

    On May 20, 1999, the Department of Defense (DoD) request 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 manuevers, 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, both aerial demonstration practice area 
airspace and airshow airspace. DoD contends that the primary potential 
safety hazards 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 14 Code of Federal 
Regulations (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).

[[Page 69427]]

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.
    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.
    The FAA has determined that the issues identified by DoD, ICAS, and 
others have merit. Therefore, the FAA believes a new section pertaining 
to the management of aircraft operations in the vicinity of aerial 
demonstrations or major sporting events is warranted. In addition, the 
FAA considers that this proposed rulemaking responds to the ICAS 
petition for rulemaking and considers the ICAS petition closed.

Past Practices

    On January 25, 1971, the FAA issued the Temporary Flight 
Restrictions Final Rule (36 FR 1467). This rule amended 14 CFR 
Sec. 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 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 
7210.3R. 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.
    The FAA's proposal to add regulations covering TFRs for major 
sporting events would overturn the practice of using Sec. 91.137(a)(3). 
If this proposal is adopted, the FAA Advisory Circulars and FAA Orders 
addressing TFRs would be modified accordingly.

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.
    In an effort to streamline its processes, the FAA is proposing to 
establish a rule that will allow the FAA to address the management of 
aircraft operations in the vicinity of aerial demonstrations and 
sporting events so that individual SFARs will not have to be issued.

Section-by-Section Discussion of the Proposal

    The FAA is proposing several changes to part 91 and part 103. The 
proposed changes are to:
    (1) Change the title of Sec. 91.137 to clarify that the regulation 
concerns aircraft operations near hazard or disaster areas;
    (2) Clarify the operating requirements detailed in Sec. 91.138; and
    (3) Add a new section (Sec. 91.145) that would address the 
management of aircraft operations in the vicinity of aerial 
demonstrations and major sporting events.
    (4) Amend part 103, Ultralight Vehicles, to include all applicable 
references to TFRs.

Section 91.137

    Section 91.137 is currently titled ``Temporary Flight 
Restrictions,'' and prescribes operating requirements to be followed 
when flight restrictions are issued in accordance with this particular 
section. However, the title of this section of the regulation is not 
specific enough in conveying the intent of the regulation, leading to 
misinterpretation of the purpose of the rule. Currently, the FAA 
receives many requests for TFRs that do not meet the intent of the 
rule. To address this issue, the FAA proposes to retitle Sec. 91.137 as 
``Temporary Flight Restrictions in the Vicinity of Disaster/Hazard 
Areas,'' since this title better describes the intent and activities 
addressed by this section.

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

    The FAA proposes 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 current language could be 
misinterpreted to mean that all of the conditions must be met before 
operating an aircraft within the designated airspace. Clarifying this 
section will help to avoid any potential confusion.

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

    The FAA has determined that the issues identified by DoD, ICAS, and 
others, as discussed earlier in the preamble, have merit. Accordingly, 
the FAA is proposing to add a new section to part 91 that would 
prohibit a person from operating 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 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, the 
new section proposes to authorize the Administrator to exclude

[[Page 69428]]

the following flights from a flight restriction issued under the 
proposed Sec. 91.145: (1) Essential military; (2) Medical and rescue; 
(3) Presidential and Vice Presidential; (4) Visiting heads of state; 
(5) Law enforcement and security; and (6) Public health and welfare.
    When a TFR of this type is issued, aircraft management procedures 
for the event would be published in a National Flight Data Center (FDC) 
NOTAM that would detail, for example, general procedures to include 
altitudes; times; frequency; point of contact; Air Traffic Control 
facility; special clearances; and any other pertinent information.
    The FAA intends to employ this type of TFR for specific events. 
Examples of the events that would be covered by the proposed TFR 
include, but are not limited to the following: the Blue Angels, 
Thunderbirds, and Golden Knights air demonstration teams; the Summer/
Winter Olympic Games; the annual Tournament of Roses Football Game; 
World Cup Soccer; Major League Baseball All-Star Game; the World 
Series; the Kodak Albuquerque Internationl Balloon Fiesta; the Sandia 
Classic Hang Gliding Competition; and the Indianapolis 500 Mile Race. 
These types of events 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.
    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. For example, 
during the 1999 Olympic games held in Atlanta, GA, the FAA implemented 
special traffic management procedures within the airspace overlying 
competition venues from three hours before to three hours after each 
event. The TFR areas generally were circular areas of 1 to 4 nautical 
miles in radius from the surface to approximately 2500 feet above 
ground level.
    During the 1999 Kodak Albuquerque International Balloon Fiesta held 
in Albuquerque, NM, the FAA implemented special traffic management 
procedures within a 4 nautical mile radius, extending from the surface 
up to but not including 8,000 feet mean sea level. The TFR area was 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.
    To prevent an unsafe congestion of sightseeing aircraft above an 
event that may generate a high degree of public interest, the FAA would 
consider factors such as: The area where the event will be held; effect 
flight restrictions will have on known aircraft operations; any 
existing Air Traffic Control (ATC) airspace traffic management 
restrictions; estimated duration of the event; degree of public 
interest; number of spectators; provisions for spectator safety, number 
and types of participating aircraft; use of mixed height and low 
performance aircraft; impact on non-participating aircraft; weather 
minimums; and emergency procedures that will be in effect.

Part 103, Section 103.20 Flight Restrictions in the Proximity of 
Certain Areas Designated by Notice to Airmen

    The FAA proposes to revise this section by adding references to 
Secs. 91.137, 91.138, and 91.145. This proposal will ensure that all 
applicable references to temporary flight restrictions are included in 
the requirements.

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 to fly in the vicinity of aerial demonstrations or major 
sporting events would need to pay attention to NOTAMS and FDC NOTAM 
information.
    A NOTAM contains information on airports, runways, navigational 
aids, radar services, and other information essential to flight. A FDC 
NOTAM contains information that is regulatory in nature, such as 
amendments to aeronautical charts and restrictions to flight.
    Pilots and operators need to consult the monthly NOTAM Domestic/
International publication. This publication contains FDC NOTAMs and 
NOTAMs. Special information, including graphics, would be published in 
the monthly publication in advance of the event. For more detailed 
information concerning the NOTAM system, refer to the Aeronautical 
Information manual ``Preflight'' section.

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 
proposed rule.

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 proposed regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. The 
FAA is not allowed to propose or adopt a regulation unless a reasoned 
determination is made that the benefits of the intended regulation 
justify the costs. The FAA's assessment of this proposal indicates that 
its economic impact would be minimal. Since its costs and benefits do 
not make it a ``significant regulatory action'' as defined in the 
Order, the FAA has not prepared a ``regulatory evaluation,'' which is 
the written cost/benefit analysis ordinarily required for all 
rulemaking proposals under the DOT Regulatory Policies and Procedures. 
The FAA does not need to do the latter analysis where the economic 
impact of a proposal is minimal. The major economic impact of having a 
temporary flight restriction 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, circumnavigation costs would be 
negligible.
    The benefits of establishing a TFR would primarily be a lowered 
risk of midair collisions between participating and non-participating 
aircraft. While benefits cannot be quantified, the FAA believes the 
benefits would be commensurate with the 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 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall

[[Page 69429]]

endeavor, consistent with the objective on 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 
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 
would be for a limited time and the restricted areas would be limited 
in size, circumnavigating costs would be negligible. Consequently, the 
FAA certifies that the proposed rule would 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 potential effect of this proposed rule and has determined 
that it would 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 
Public Law 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 proposed rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

List of Subjects in 14 CFR Part 91

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

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend parts 91 and 103 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.
    (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.
* * * * *
    4. Add Sec. 91.145 to subpart B as follows:


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 TFR 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 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;

[[Page 69430]]

    (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 U.S.C. 106(g), 40103-40104, 40113, 44701.

    6. Section 103.20 is revised 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 ATC.

    Issued in Washington, DC on November 2, 2000.
John Walker,
Program Director, Air Traffic Airspace Management Program.
[FR Doc. 00-29318 Filed 11-15-00; 8:45 am]
BILLING CODE 4910-13-M