CAA: GA News, "FAA Clarifies Stadium Restrictions As Congress Pushes For More Security"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Monday, October 7, 2002

FAA Clarifies Stadium Restrictions As Congress Pushes For More Security 
The Weekly of Business Aviation


The Federal Aviation Administration released a new notice to airmen that
clarifies flight restrictions around and over stadiums, but Congress
last week continued its push to keep security tight around sporting
events. 

FAA late last month replaced two NOTAMs - 2/9583 and 1/3353 -
restricting flight within three nautical miles and 3,000 feet of an open
air assembly with a NOTAM specifically designed to restrict flight over
sporting events. 

Aircraft Owners and Pilots Association sought the changes, saying the
language in the original NOTAMs was so vague that it could apply to any
outdoor sporting event or public gathering. 

The association charged that the NOTAMs, which were released shortly
after the Sept. 11 terrorist attacks, created a "Catch 22" situation
because they barred flight during events, yet FAA and the Transportation
Security Administration wouldn't inform pilots when those events took
place. 

AOPA said the new NOTAM eliminates "over a year's uncertainty for
general association's recommendations, limits the temporary flight
restrictions to events that take place in stadiums with a seating
capacity of more than 30,000 people and involve either Major League
Baseball, the National Football League, NCAA Division IA football or
major speedways such as NASCAR races. 

The NOTAM also establishes a process that would allow banner towers and
others that need access to airspace to obtain a waiver if they receive
security clearance. 

Operators who obtain waivers would need to observe certain operating
restrictions and would be subject to random law enforcement inspections.


The waiver process could be good news for banner towers who lost nearly
the entire football season in 2001 to the TFRs. 

But while FAA created the waiver process, members of Congress continued
to take steps to prevent the agency from issuing waivers. 

The House Appropriations Committee included language in the fiscal 2003
transportation appropriations bill that would not allow FAA to
"terminate or limit," or grant waivers from, the restrictions imposed
under the NOTAM. 

The language apparently was included at the behest of Rep. Fred Upton
(R-Mich.), who introduced a separate bill containing similar language. 

The Upton legislation, H.R.5456, not only would bar waivers for all but
security patrols and "aerial television coverage" but also would
permanently put in place the original NOTAMS (1/3353 and 2/9583). 

AOPA President Phil Boyer fired off a letter to Congress opposing
Upton's efforts saying, "This is an aviation security issue. Let's not
allow the NFL, Major League Baseball, college sports, and others to
couple their security concerns with an opportunity to solve a
competitive business issue." 

The Upton measure also drew opposition from Rep. Jim Kolbe (R-Ariz.),
who told his colleagues on the Appropriations Committee that the
provision was really about money. He noted that sports organizations
have been able to control all the revenue surrounding their events,
including television rights and concessions, but have not been able to
control revenue from the banner towers. 

In addition, 10 members of the House Transportation and Infrastructure
Committee appealed to the Appropriations Committee leadership to strip
the provisions out of the appropriations bill. 

"We recognize that the stadium overflight issue is one of concern for
many members of Congress," they wrote in an Oct. 2 letter, but added
that the entire issue needs to be debated on the House floor as well as
during committee consideration of Upton's bill. 

Upton's efforts follow a similar movement in the Senate. Sen. John
Breaux (D-La.) included language in a new aviation security bill that
would keep the original TFRs in place for six months and prohibit FAA
from issuing any waivers. 

The sports community is said to have engineered the Breaux amendment. 

Sen. James Inhofe (R-Okla.) last week placed a "hold" on the bill, which
freezes it from moving forward, in an attempt to block the Breaux
amendment. 

That bill was slated to move forward quickly.


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