[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-14679] [[Page Unknown]] [Federal Register: June 16, 1994] _______________________________________________________________________ Part XII Department of Transportation _______________________________________________________________________ Federal Aviation Administration _______________________________________________________________________ 14 CFR Part 91 Temporary Flight Restrictions; Proposed Rule DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No. 26605; Notice No. 91-14] RIN 2120-AD-55 Temporary Flight Restrictions AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Proposed Rulemaking (NPRM); withdrawal. ----------------------------------------------------------------------- SUMMARY: This document withdraws a proposal to amend the Federal Aviation Regulations to require the operator of an aircraft used in conducting authorized news-gathering operations in an area covered by temporary flight restrictions (TFR) to contact the official in charge of the on-scene emergency response activities for the purpose of obtaining information about current and forecasted disaster relief aircraft activities. The objective of the NPRM was to increase the level of safety afforded aircraft used in conducting rescue or disaster relief operations. The FAA has carefully considered all of the comments received in response to the NPRM and as a result has concluded that safety in TFR's can be increased through procedural versus regulatory means. Accordingly, the NPRM is being withdrawn. FOR FURTHER INFORMATION CONTACT: Ms. Ellen Crum, Air Traffic Rules Branch, ATP-230, Airspace-Rules and Aeronautical Information Division, Air Traffic Rules and Procedures Service, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 267-8783. SUPPLEMENTARY INFORMATION: Background On July 24, 1991, the FAA published Notice No. 91-14 (56 FR 34000). The NPRM proposed amending Sec. 91.137(c)(5) of the Federal Aviation Regulations (FAR) to require that: (1) All pilots of aircraft carrying properly accredited media personnel initially contact the official in charge of on-scene emergency response activities to ascertain the routes, altitudes, and operating areas in use by disaster relief aircraft; and (2) the aircraft be operated clear of all disaster relief aircraft operations identified by the official in charge. Currently, when TFR's are established for the purpose of providing a safe environment for the operation of disaster relief aircraft, aircraft carrying properly accredited newspeople may enter the prescribed area without prior approval, provided a flight plan has been filed. However, the aircraft must be operated above the altitude(s) being used by rescue or disaster relief aircraft. The process a pilot uses to determine which altitudes are being utilized is not prescribed in the current regulation. Discussion of Comments Thirty-one comments were received in response to the NPRM (the comment period closed September 23, 1991). Most commenters supported the goal of the NPRM to promote increased air traffic safety in TFR's; however, the best means to accomplish this was disputed. Several commenters recommended that a common disaster frequency be established for all aircraft. Other commenters expressed concern over the potential inability of media aircraft to communicate with emergency ground officials, suggesting that on-scene ground officials be required to possess an aircraft compatible two-way radio. Suggestions were made to require pilot monitoring of the frequency while in the disaster area. Finally, suggestions were made to incorporate this proposed rule into the Airman's Information Manual rather than add it to the FAR. The FAA recognizes the potential merit of this proposal and acknowledges the validity of the express concerns. Since this NPRM was published, the FAA has been reviewing regulations and procedures currently utilized for temporary flight restrictions. In addition to aircraft carrying news media encountering difficulties in determining the altitude being used by disaster relief aircraft, other TFR problems have been cited. These problems include pilots being unable to receive the location of a TFR area in a timely manner; aircraft on instrument flight rules (IFR) flight plans and military aircraft on IFR training routes intruding into the TFR; the large number of aircraft in TFR's implemented for an incident or event generating a high degree of public interest; and the untimely process used to put TFR's in place, particularly when they involve critical situations such as toxic spills. In addition, of the 13 documented incidents in TFR's, only 2 were confirmed to be aircraft carrying news media. The other incidents involved general aviation aircraft or military aircraft that inadvertently penetrated the TFR's. The reason most often given was lack of information about the existence of the TFR and the inability to positively identify the TFR location. Reasons for Withdrawal Based on the comments received in response to Notice No. 94-14, and the additional data as stated above, the FAA has determined that there is inadequate justification to pursue further this regulatory action. The FAA has determined that additional study of current TFR procedures, which may include parts of Notice No. 91-14, is necessary. Therefore, it is in the best interest of all concerned to withdraw Notice No. 91- 14. The Decision and Withdrawal Accordingly, the FAA concludes that further rulemaking on Notice No. 91-14 should not proceed at this time. Therefore, Notice No. 91-14 is withdrawn. This action does not preclude the FAA from considering similar proposals in the future or commit it to any further or future course of action on this subject. The authority citation for part 91 continues to read as follows: Authority: 49 U.S.C. 1301(7), 1303, 1344, 1348, 1352 through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 through 2125; Articles 12, 29, 31, and 31(a) of the Convention on International Civil Aviation (61 Stat. 1180); 42 U.S.C. 4321 et seq: E.O. 11514; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983). Issued in Washington DC on June 8, 1994. Harold W. Becker, Acting Director, Air Traffic, Rules and Procedures Service. [FR Doc. 94-14679 Filed 6-15-94; 8:45 am] BILLING CODE 4910-13-M
