[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Proposed Rules]
[Pages 38236-38239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18652]



[[Page 38235]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



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

Federal Register / Vol. 63, No. 135 / Wednesday, July 15, 1998 / 
Proposed Rule

[[Page 38236]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 29279 Notice No. 98-7]
RIN 2120-AG61


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes a Special Federal Aviation Regulation 
(SFAR), applicable for the period of October 3 through October 11, 
1998, to establish a temporary flight restriction (TFR) area for the 
upcoming Kodak Albuquerque International Balloon Fiesta (KAIBF). The 
FAA is proposing this action to manage aircraft operating in the 
vicinity of the KAIBF, and to prevent any unsafe congestion of 
sightseeing and other aircraft over and around the Balloon Fiesta 
launch site.

DATES: Comments must be received on or before August 31, 1998.

ADDRESSES: Comments on this NPRM may be delivered or mailed in 
triplicate to the Federal Aviation Administration, Office of the Chief 
Counsel, Attn.: Rules Docket (AGC-200), Docket No. [29279], Room 915G, 
800 Independence Avenue, SW., Washington, DC 20591. Comments submitted 
must be marked ``Docket No. [29279].'' Comments may also be sent 
electronically to the following Internet address: <a href="/cdn-cgi/l/email-protection#734a5e1d03011e5e79101e0700331512125d171c075d141c05">9-nprm-
<span class="__cf_email__" data-cfemail="ea89879e99aa8c8b8bc48e859ec48d859c">[email protected]</span></a>. Comments may be examined in room 915G, weekdays, 
between 8:30 a.m. and 5:00 p.m., except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Terry Brown, Airspace and Rules Division, ATA-400, Office of the Air 
Traffic Airspace Management, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of this 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this notice are also invited. Substantive comments should 
be accompanied by cost estimates. Comments must identify the regulatory 
docket or notice number and be submitted in triplicate to the Rules 
Docket address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel on this rulemaking, will 
be filed in the docket. The docket is available for public inspection 
before and after the comment closing date.
    All comments received on or before the closing date will be 
considered by the Administrator before taking action on this proposed 
rulemaking. Late-filed comments will be considered to the extent 
practicable. The proposals contained in this notice 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. [29279]'' The postcard will be date 
stamped and mailed to the commenter.

Availability of NPRM

    An electronic copy of this document may be downloaded, using a 
modem and suitable communications software, from the FAA regulations 
section of the Fedworld electronic bulletin board service (telephone: 
703-321-3339), the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661), or 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 <a href="http://www.faa.gov/
avr/arm/nprm/nprm.htm">http://www.faa.gov/
avr/arm/nprm/nprm.htm</a> or the Federal Register's web page at <a href="http://
www.access.gpo.gov/su__docs/aces/aces140.html">http://
www.access.gpo.gov/su__docs/aces/aces140.html</a> 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 docket 
number of this NPRM.
    Persons interested in being placed on the 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.

Comment Period Justification

    The FAA is requesting a comment period of 45 days to allow for the 
consideration and incorporation of comments to this proposal, and to 
expedite publication of the SFAR for those aircraft planning operations 
in the vicinity of the KAIBF.
    The early publication of this action would reduce the potential 
confusion of pilots since the proposed SFAR restrictions could change 
normal operating procedures of the affected area. Further, early 
publication of the SFAR would result in a safe operation and the 
prevention of any unsafe congestion of sightseeing and other aircraft 
over the Balloon Fiesta launch site.

Background

    The KAIBF will be held on October 3 through October 11, 1998, at a 
site 9 miles north of Albuquerque International Sunport, in 
Albuquerque, NM.
    This proposed SFAR would establish a TFR area to provide for the 
safety of persons and property in the air and on the ground during the 
KAIBF. The proposed TFR area would restrict aircraft operations in a 
specified location; however, access to this area may be allowed with 
the appropriate air traffic control (ATC) authorization from the 
Albuquerque International Sunport Airport Traffic Control Tower (ATCT). 
ATC would retain the ability to manage aircraft through the TFR area in 
accordance with established ATC procedures.
    Specifically, the proposed TFR area would be 9 miles north of the 
Albuquerque International Sunport ATCT and just west of Interstate 
Highway 25 (I-25). The TFR area would be centered on the Albuquerque 
Very High Frequency Omnidirectional Range/Tactical Air Navigation 
(VORTAC) 038 deg. radial 14 distance measuring equipment (DME) fix. The 
area would encompass a 4 nautical mile (NM) radius, extending from the 
surface up to but not including 8,000 feet mean sea level (MSL). The 
TFR area would be in effect between the hours of 0530 Mountain Daylight 
Time (MDT) and 1200 MDT, and from 1600 MDT until 2200 MDT on October 3 
through October 11, 1998. Unauthorized aircraft would be required to 
remain clear of this area during these times.
    The location, dimensions, and effective times of the proposed TFR 
area would be published and disseminated via the Notice to Airmen 
(NOTAM) system.

Exceptions

    The proposed SFAR would contain provisions to provide flexible, 
efficient management and control of air traffic. ATC would have the 
authority to give

[[Page 38237]]

priority to, or exclude from the requirements of the special 
regulation, flight operations dealing with or containing essential 
military, medical emergency, rescue, law enforcement, Presidential, and 
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 would need to pay particular attention to 
NOTAM D and Flight Data Center (FDC) NOTAM information.
    NOTAM D contains information on airports, runways, navigational 
aids, radar services, and other information essential to flight. An FDC 
NOTAM contains information which is regulatory in nature, such as 
amendments to aeronautical charts and restrictions to flight. FDC NOTAM 
and NOTAM D information would also be provided to international 
operators in the form of International NOTAMs. NOTAMs are distributed 
through the National Communications Center in Kansas City, MO, for 
transmission to all air traffic facilities having telecommunications 
access.
    Pilots and operators would need to consult the monthly NOTAM 
Domestic/International publication. This publication contains NOTAM FDC 
and D NOTAMs. Special information, including graphics, would be 
published in the biweekly publication several weeks in advance of the 
Balloon Fiesta. For more detailed information concerning the NOTAM 
system, refer to the Aeronautical Information Manual ``Preflight'' 
section would need to be made.

Other U.S. Laws and Regulations

    Aircraft operators should clearly understand that the proposed SFAR 
is in addition to other laws and regulations of the U.S. The SFAR would 
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 with 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 in 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.

Environmental Effects

    This proposed action would establish a TFR area for safety purposes 
and would curtail or limit certain aircraft operations within a 
designated area on defined dates and times. Additionally, this proposed 
action would be temporary in nature and effective only for the dates 
and times necessary to provide for the management of air traffic 
operations and the protection of participants and spectators on the 
ground. ATC would retain the ability to direct aircraft through the 
restricted area in accordance with normal traffic flows. The FAA 
believes the proposed establishment of a TFR area would have minimal 
impact on ATC operations.
    Further, this action would reduce aircraft activity in the vicinity 
of the Balloon Fiesta by restricting aircraft operations. There would 
be fewer aircraft operations in the vicinity of the Balloon Fiesta than 
would occur if the TFR area were not in place, and noise levels 
associated with that greater aircraft activity would also be reduced. 
Additionally, aircraft avoiding the TFR area would not be routed over 
any particular area. This action would not, therefore, result in any 
long-term action which would routinely route aircraft over noise-
sensitive areas. For the reasons stated above, the FAA concludes that 
this proposed rule would not significantly affect the quality of the 
human environment.

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
organization international standards and recommended practices and 
Joint Aviation Authorities regulations, where they exist, and has 
identified no differences in these proposed amendments and the foreign 
regulations.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), there are no requirements for information collection 
associated with this proposed regulation.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this proposed rule is not ``a 
significant regulatory action'' as defined in the Executive Order and 
the Department of Transportation Regulatory Policies and Procedures. 
This proposed rule would not have a significant impact on a substantial 
number of small entities and would not constitute a barrier to 
international trade. The FAA invites the public to provide comments, 
and supporting data, on the assumptions made in this evaluation. All 
comments received will be considered in the final regulatory 
evaluation.
    This regulatory evaluation examined the costs and benefits of the 
proposed SFAR applicable for the period October 3 through October 11, 
1998. The SFAR proposes to establish a TFR area for the upcoming KAIBF 
to be held in Albuquerque, NM. Since the impacts of the proposed change 
are relatively minor, this economic summary constitutes the analysis 
and no regulatory evaluation will be placed in the docket.
    The major economic impact, in this case, would be the inconvenience 
of circumnavigation to operators who may want to operate in the area of 
the TFR. An aircraft operator could avoid the restricted airspace by 
flying over it or by circumnavigating the restricted airspace. Because 
the possibility of such occurrences is for a limited time and the 
restricted areas are limited in size, the FAA believes that any 
circumnavigation costs would be negligible.
    The benefits of the proposed TFR airspace would primarily be a 
lowered risk of midair collisions between aircraft and balloons due to 
increased positive control of TFR airspace. While benefits cannot be 
quantified, the 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.

[[Page 38238]]

Initial Regulatory Flexibility Act Determination

    The Regulatory Flexibility Act of 1980 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 the business, 
organizations, and governmental jurisdictions subject to regulation.'' 
To achieve that principle, the Act requires agencies to solicit and 
consider flexible regulatory proposals and to explain the rationale for 
their actions. The Act 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 (RFA) as 
described in the Act.
    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 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 proposal and 
determined that it would not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that 
this rule will not have a significant impact on a substantial number of 
small entities. The FAA solicits comments from affected entities with 
respect to this finding and determination.

International Trade Impact Analysis

    The provisions of this proposed rule would have little or no impact 
on trade for both U.S. firms during business in foreign countries and 
foreign firms doing business in the U.S.

Federalism Implications

    The regulation proposed herein would not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposed regulation would not have sufficient Federalism implications 
to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the Act is any 
provision in a Federal agency regulation that would impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. Section 203 of the Act, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals.
    This rule does not contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million a year.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airports, Aviation safety.

The Proposed Special Federal Aviation Regulation (SFAR)

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend part 91 of Title 14, Code of Federal 
Regulations (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. 
XX to read as follows:

SFAR NO. XX AIRSPACE AND FLIGHT OPERATIONS REQUIREMENTS FOR THE 1998 
KODAK ALBUQUERQUE INTERNATIONAL BALLOON FIESTA, 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 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 
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 3 through October 
11, 1998, and from 0530 MDT until 1200 MDT.
    (b) October 3 through October 11, 1998, and from 1600 MDT until 
2200 MDT.
    4. Expiration. This Special Federal Aviation Regulation expires 
on October 12, 1998.


[[Page 38239]]


    Issued in Washington, DC, on July 8, 1998.
John S. Walker,
Program Director for Air Traffic Airspace Management.
[FR Doc. 98-18652 Filed 7-14-98; 8:45 am]
BILLING CODE 4910-13-M


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