U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Air Traffic Organization Policy

ORDER
JO 7210.3X
Effective Date:
February 9, 2012
 
     
Subject:  Facility Operation and Administration
       Includes:  Errata effective 2/9/12, Change 1 effective 7/26/12, Change 2 effective 3/7/13, and Change 3 effective 8/22/13
 

Section 7. Management of Aircraft Operations in the Vicinity of Aerial Demonstrations and Major Sporting Events (14 CFR Section 91.145)

19-7-1. PURPOSE

This section prescribes guidelines and procedures in accordance with 14 CFR Section 91.145, Management of Aircraft Operations in the Vicinity of Aerial Demonstrations and Major Sporting Events. Additionally, this section provides guidance on the processing of sponsor requests for these types of operations.

19-7-2. POLICY

a. Situations that may warrant a TFR under this section include, but are not limited to: military and civilian aerial demonstrations or major sporting events of limited duration 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.

b. All ATC regulatory actions to be considered for events of this type that will require an interpretation of, or exemption from, 14 CFR, must be forwarded to System Operations Airspace and Aeronautical Information Management, at least 90-days in advance of the event.

c. All nonregulatory avenues (e.g., drafting and dissemination of procedural information, temporary control tower, etc.) must be exhausted before considering regulatory restrictions.

d. Restrictions issued under this section prohibit the operation of any aircraft or device, or any activity within the designated airspace area except in accordance with the authorizations, terms, and conditions of the TFR published in the NOTAM, unless otherwise authorized by: (1) Air Traffic Control; or (2) A Certificate of Waiver or Authorization FAA Form 7711-1 issued for the aerial demonstration by Flight Standards.

e. Any procedural matters developed for the management of aircraft operations in the vicinity of aerial demonstrations and major sporting events that will require a procedural interpretation or waiver, must be forwarded to the Director of Terminal Operations at least 90-days in advance.

NOTE-
ATC must coordinate with the official responsible for the aerial demonstration prior to authorizing VFR or IFR aircraft to operate within the restricted airspace.

f. The ATCSCC is responsible for ensuring the balance of NAS demand with system capacity. As such, all efforts that address the management of aircraft operations in the NAS must be coordinated, prior to being finalized, with the ATCSCC to ensure that the planned operation would not overtly impact the system.

19-7-3. RESPONSIBILITIES

a. The Airspace and Rules Manager, System Operations Airspace and Aeronautical Information Management, oversees all regulatory actions issued under 14 CFR Section 91.145. Send TFR request information at least 45 days in advance of an aerial demonstration or major sporting event.

b. The Manager of Airspace Procedures oversees all procedures used in managing aircraft operations in the vicinity of aerial demonstrations and sporting events (refer to Chapter 18 of this order for additional guidelines regarding waiver and authorization responsibilities).

c. The regional ATO Service Area Managers (or their designee) is responsible for the grant or denial of Certificate of Waiver or Authorization (FAA Form 7711-1) for the following Sections/parts of 14 CFR:

1. Section 91.117, Aircraft Speed.

2. Section 91.126, operating on or in the vicinity of an airport in Class G airspace.

3. Sections 91.131, 130, 129, 127 Operations in Class B, C, D, and E airspace areas respectively.

4. Section 91.135, Operations in Class A Airspace.

5. Part 101, Moored Balloons, Kites, Unmanned Rockets, and Unmanned Free Balloons.

6. Part 103, Ultralight Vehicles.

7. Part 105, Parachute Operations (except those Sections delegated to Flight Standards, refer to 19-7-3d).

d. Flight Standards (AFS) is responsible for ensuring the qualification of civil pilots, airworthiness of civil aircraft participating in these events; as well as the safety of persons and property on the ground affected by these events. In addition, AFS has the responsibility for the grant or denial of Certificate of Waiver or Authorization from the following Sections of 14 CFR:

1. Section 91.119, Minimum Safe Altitudes.

2. Section 91.175, Takeoff and Landing Under IFR.

3. Section 91.209, Aircraft Lights.

4. Section 91.303, Aerobatic Flight, Authorizing Industrial and Agricultural Support Operations.

5. Any Section listed in Section 91.905 as appropriate for aerobatic demonstrations and other aviation events.

6. Section 105.15, Jumps Over or into Congested Areas or Open Air Assembly of Persons, as Appropriate for Aerobatic Demonstrations and Other Aviation Events.

NOTE-
Applications for waiver or authorization that require both Air Traffic and Flight Standards technical considerations must be handled jointly. Additionally, a copy of all such waivers must be sent to the affected ATC facility(s) having control jurisdiction over the affected airspace and the regional (530) manager. Requests for a TFR, waiver, or authorization for an aviation event requires coordination with the appropriate ATC facility and the regional ATO Service Area Managers.

19-7-4. RELATED DOCUMENTS

a. 14 CFR Section 91.145, Management of Aircraft Operations in the Vicinity of Aerial Demonstrations and Major Sporting Events.

b. Advisory Circular 91-63, Temporary Flight Restrictions.

c. Advisory Circular 91-45, Waivers: Aviation Events contains information to assist prospective sponsors and other interested parties in planning and conducting an aviation event.

d. FAAO 8700.1, General Aviation Operations Inspector's Handbook contains information pertaining to the issuance of a Certificate of Waiver or Authorization.

19-7-5. COORDINATION

Air traffic facilities receiving requests for flight restrictions in accordance with 14 CFR Section 91.145 must maintain a chronological log of all related actions.

a. Facilities receiving these types of requests must obtain the following information from the notifying agency/office:

1. Name and organization of the person requesting the waiver.

2. A brief description of the event/activity.

3. The estimated duration of the restrictions (e.g., start date/time and termination date/time).

4. The name/telephone number, or other communications arrangements, of the on-scene official that would respond to any required coordination during the event. In addition, the name of the agent responsible for any on-scene emergency activities, if different from the above.

5. A description of the affected area, and any requested airspace area, by reference to prominent geographical features depicted on aeronautical charts, or by geographical coordinates and fixes when the latter is available.

6. A signed, written request from the individual requesting the waiver, which states the reason for the restriction.

b. Sporting Events.

1. Requests for sporting event restrictions must be forwarded to the appropriate regional ATO Service Area Managers for action.

2. The regional ATO Service Area Managers will review the request, and if it meets the criteria in accordance with 14 CFR Section 91.145, forward the their recommendation and all applicable information (including the signed, written request from the originator) to the Airspace and Rules Manager at least 30-days prior to the event.

3. If the TFR is not approved as requested, the Airspace and Rules Manager must inform the regional ATO Service Area Managers, indicating the basis for the disapproval. The regional ATO Service Area Managers must inform the requestor of the disapproval and any available alternatives.

c. Aerial Demonstrations. Any request for a TFR, waiver, or authorization for an aviation event requires coordination with the appropriate ATC facility and the regional ATO Service Area Managers at least 90 days prior to the event.

1. The NOTAM request and sample NOTAM must be submitted by the FSDO to the responsible ATC facility at least 90 days in advance of the aviation event. The NOTAM must reflect the dates, times, lateral and vertical limits of the airspace specified on the Certificate of Waiver or Authorization Application (FAA Form 7711-1).

2. The ATC facility coordinates the request with the regional ATO Service Area Managers.

3. The regional ATO Service Area Managers will review the request, and if it meets the criteria in accordance with 14 CFR Section 91.145, forward their recommendation and all applicable information (including the signed, written request from the originator) to the Airspace and Rules Manager at least 30-days prior to the event.

4. If approved by the Airspace and Rules Manager, the NOTAM will be forwarded to the U.S. NOTAM Office for publication. If at all possible, other means will be utilized to disseminate the information. (Class II publication, Airport/Facility Directory, AOPA website, etc.)

5. If the TFR is not approved as requested, the Airspace and Rules Manager must inform the regional ATO Service Area Managers, indicating the basis for the disapproval. The Regional ATO Service Area Managers must inform the requestor of the disapproval and any available alternatives.

19-7-6. SPECIAL TRAFFIC MANAGEMENT PROGRAM GUIDELINES

Each regional ATO Service Area Manager is responsible for the drafting of special traffic management plans for the management of aircraft operations in the vicinity of aerial demonstrations and major sporting events. Accordingly, the ATO Service Area Managers, in concert with the affected facility personnel, must:

a. Consider the following when developing procedures for managing aircraft operations in the vicinity of aerial demonstrations and open-air assembly major sporting events:

1. Refer to Chapter 17, Traffic Management National, Center, and Terminal, of this order for additional guidelines regarding special traffic management programs.

2. Consideration should be given to the number and types of aircraft involved in the operation (e.g., non-radio equipped aircraft).

3. Procedures should specify the minimum airspace/altitude requirements to manage aircraft operations in the vicinity of the event.

4. Determine whether the event warrants the use of a temporary control tower.

b. Coordinate the proposed procedures with the ATO Airspace and Rules Manager, as appropriate, and forward the information to the ATO Publications.

c. Airspace and Rules Manager will disseminate the procedures to affected airspace users via:

1. The Notices to Airmen publication. If this publication is used, the required information must be sent to ATO Publications for processing, at least 60-days in advance of the event.

2. The NOTAM will be forwarded to the U.S. NOTAM Office for publication no later than 5 days prior to the event.

19-7-7. PROCESS FOR TFRs

a. When recommending the use of Section 91.145 to manage aircraft operations in the vicinity of aerial demonstrations, the following guidelines should be used:

1. Aerial demonstrations and sporting events occurring within Class B airspace areas should be handled through existing procedures, without additional restrictions. However, each situation is unique and should be addressed as such.

2. At times it may be necessary to issue restrictions to protect airspace not contained within regulated airspace. For an aerial demonstration, if any segment of the requested airspace is outside of regulated airspace, a restriction may be issued if the following criteria are met:

(a) Military aircraft are conducting aerobatic demonstrations.

(b) Civilian aircraft that operate in excess of 200 knots are conducting aerobatic demonstrations.

(c) Parachute demonstration teams are performing.

NOTE-
A Class D NOTAM (advisory NOTAM) will be issued for any aerial demonstration that does not require a TFR.

b. Restrictions issued by the Airspace and Rules Manager are regulatory actions, and all restrictions issued must consider the impact on nonparticipating aircraft operations. Accordingly, restrictions for aerial demonstrations will normally be limited to a 5 nautical mile radius from the center of the demonstration, at an altitude equal to aircraft performance, but will be no greater than the minimum airspace necessary for the management of aircraft operations in the vicinity of the specified area. Flight management restrictions for major sporting events should be implemented 1 hour before until 1 hour after each event, limited to a 1 nautical mile radius from the center of the event and 2,500 feet above the surface. Traffic management plans are to include marshalling aircraft (e.g., blimps, banner towing aircraft, media) on the periphery of these events.

19-7-8. REVISIONS AND CANCELLATIONS

a. When restrictions are necessary beyond the published termination date/time, the regional ATO Service Area Managers must advise the Airspace and Rules Manager to ensure that a revised NOTAM and an appropriate cancellation are issued.

b. When it is obvious that the restrictions are no longer required, but no information to that effect has been received, the regional ATO Service Area Managers must take action to ascertain the status of the restrictions from the agency/person that requested the restrictions.

c. For an Aerial Demonstration- The event organizer should submit two separate requests:

1. One to the ATO Service Area Managers, at least 45 days prior to the event.

2. An application for a certificate of waiver or authorization (FAA Form 7711-2) for the restriction to the appropriate Flight Standards District Office, 90 days before the event for a civilian aerial demonstration and 120 days before the event for a military aerial demonstration.

d. For a Major Sporting Event- Submit the TFR request to the ATO Service Area Managers at least 45 days in advance of the major sporting event. The ATO Service Area Managers will assess the need for a TFR and forward their recommendation to the Airspace and Rules Manager. The Airspace and Rules Manager will determine whether a TFR is necessary and issue the TFR accordingly.

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