38236 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rule

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).

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: 9-nprm-cmts@faa.dot.gov.

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 http://www.faa.gov/avr/

arm/nprm/nprm.htm or the Federal

Register’s web page at http://

www.access.gpo.gov/suldocs/aces/

aces140.html 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°

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
Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rule 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.
38238 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rule

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

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