69426 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Proposed Rules

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 selfaddressed, 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’’ nonparticipating aircraft could be reduced.

In the absence of a TFR, nonparticipating 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).

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Proposed Rules 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 nonparticipating 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 § 91.91 (since re-codified as 14

CFR § 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

§ 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

§ 91.137(a)(3) as regulatory authority.

The FAA has reviewed the regulatory

history of § 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 § 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 § 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 § 91.137 to

clarify that the regulation concerns

aircraft operations near hazard or

disaster areas;

(2) Clarify the operating requirements

detailed in § 91.138; and

(3) Add a new section (§ 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 § 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

§ 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

69428 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Proposed Rules

the following flights from a flight

restriction issued under the proposed

§ 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 nonparticipating 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

§§ 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

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Proposed Rules 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 § 91.137 by revising the

title as follows:

§ 91.137 Temporary flight restrictions in

the vicinity of disaster/hazard areas.

* * * * *

3. Amend § 91.138 by revising

paragraph (b) to read as follows:

§ 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 § 91.145 to subpart B as

follows:

§ 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;

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(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:

§ 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 § 91.137, § 91.138,

§ 91.141, § 91.143 or § 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]

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