Mr. Fred UPTON (R-MI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure.

A BILL

To direct the Secretary of Transportation to maintain flight restrictions over
major sporting events and other major open assemblies of people.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. FLIGHT RESTRICTIONS OVER SPORTING AND OTHER EVENTS.

(a) IN GENERAL- The Secretary of Transportation shall maintain in full
force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 1/3353 and 2/9583, as in effect on the date of enactment of this Act.

(b) EXISTING WAIVERS- Any waiver of or exemption from the restrictions referred to in subsection (a) shall cease to be in effect beginning on such date of enactment of this Act.

(c) LIMITATION ON NEW WAIVERS- The Secretary shall not grant any waiver of or exemption from such restrictions referred to in subsection
     (a); except that the Secretary may grant a waiver to any aircraft, approved by the Under Secretary for Security of the Transportation Security Administration, to provide aerial television coverage and an aerial security platform for security personnel for any event covered under the Notices to Airmen referred to in subsection (a) if such Notices to Airmen are in effect on the date of enactment of this Act and adhere to the security requirements set forth by the Transportation Security Administration.

(d) EFFECTIVE DATE- This section shall be in effect for the period beginning on the date of enactment of this Act and ending on September 30, 2003.

THIS NOTICE MODIFIES FLIGHT RESTRICTIONS PREVIOUSLY ISSUED IN FDC NOTAM 2/0199 TO COMPLY WITH STATUTORY MANDATES DETAILED IN SECTION 352 OF PUBLIC LAW 108-7. EFFECTIVE 0303061100 UTC (0600 LOCAL 03/06/03) UNTIL FURTHER NOTICE. PURSUANT TO 14 CFR SECTION 99.7, SPECIAL SECURITY INSTRUCTIONS, COMMENCING ONE HOUR BEFORE THE SCHEDULED TIME OF THE EVENT UNTIL ONE HOUR AFTER THE END OF THE EVENT, ALL AIRCRAFT AND PARACHUTE OPERATIONS ARE PROHIBITED AT AND BELOW 3,000 FEET AGL WITHIN A THREE NAUTICAL MILE RADIUS OF ANY STADIUM HAVING A SEATING CAPACITY OF 30,000 OR MORE PEOPLE IN WHICH A MAJOR LEAGUE BASEBALL, NATIONAL FOOTBALL LEAGUE, NCAA DIVISION ONE FOOTBALL, OR MAJOR MOTOR SPEEDWAY EVENT IS OCCURRING. ALL PREVIOUSLY ISSUED WAIVERS TO FDC NOTAM 2/0199 ARE RESCINDED. THOSE WHO MEET ANY OF THE FOLLOWING CRITERIA MAY REAPPLY FOR A WAIVER TO THESE RESTRICTIONS:

(A) FOR OPERATIONAL PURPOSES OF AN EVENT, STADIUM, OR OTHER VENUE, INCLUDING (IN THE CASE OF A SPORTING EVENT) THE TRANSPORT OF EQUIPMENT OR PARTS, TEAM MEMBERS, OFFICIALS OF THE GOVERNING BODY, THE IMMEDIATE FAMILY MEMBERS AND GUESTS OF SUCH TEAMS, AND OFFICIALS TO AND FROM THE EVENT, STADIUM, OR OTHER VENUE,

(B) FOR BROADCAST COVERAGE FOR ANY BROADCAST RIGHTS HOLDER,

(C) FOR SAFETY AND SECURITY PURPOSES OF THE EVENT, STADIUM, OR OTHER VENUE. THIS RESTRICTION DOES NOT APPLY TO;

(A) THOSE AIRCRAFT AUTHORIZED BY ATC FOR OPERATIONAL OR SAFETY PURPOSES INCLUDING AIRCRAFT ARRIVING OR DEPARTING FROM AN AIRPORT USING STANDARD AIR TRAFFIC PROCEDURES;

(B) DEPARTMENT OF DEFENSE, LAW ENFORCEMENT, OR AEROMEDICAL FLIGHT OPERATIONS THAT ARE IN CONTACT WITH ATC. STADIUM SITE LOCATIONS AND INFORMATION REGARDING WAIVER APPLICATIONS IN ACCORDANCE WITH SECTION 352 OF PUBLIC LAW 108-7 CAN BE OBTAINED FROM THE FAA WEBSITE AT http://www.faa.gov/ats/ata/waiver OR BY CALLING 571-227-1322.

In a recently issued FAA NOTAM for the mid-May scheduled auto racing events in Charlotte, North Carolina, it is clearly stated that banner-tow aircraft are expected in the area.

[Helicopters, high-speed military aircraft, lighter-than-air ships, and banner-tow operations should be anticipated in the area surrounding the Lowe's Motor Speedway. Pilots are encouraged to keep radio transmissions brief to reduce frequency congestion and to review all applicable NOTAMs prior to flight.]
View Current Major Event NOTAMS Below!

Any additional or extended Temporary Flight Restrictions that would affect over-flights should be available at least two-weeks prior to the event in question.  Although very rare, immediate, extended TFR's may apply when an event is visited by the  U.S. President.  However, advance notice is common practice for his visits to special events.

Sporting Event Leagues, Teams, Venues and/or Television Networks are still NOT in control of the Federally Regulated airspace that is overhead their events.  The Federal Aviation Administration within the United States is the ultimate decision maker when it comes to the airspace overhead and what goes on within that airspace.  The FAA also must enforce all rules, regulations and any other laws that are written and enacted by Congress and The Transportation Safety Administration.  In the eye of the FAA, no segment of general aviation is "above" the next.  Law Enforcement, ENG Helicopters, Blimps, Sightseeing, Aerial Photography and Banner Towing aircraft are treated completely equal.

The Transportation Safety Administration has complete control over who can be approved for waivers to fly within the current TFR for each event.  Those who qualify, may obtain waivers.  Banner Towing unfortunately is no longer a qualified exception in the approval process for such waivers.

The important thing to keep in mind is that the existing TFR covering these venues and implemented following September 11, 2001 in the interest of "National Security" is temporary.  More importantly, the recent law that was passed regarding the extended waivers to the TFR has a one-year shelf life, for what that's worth.  You can expect it will be extended if the original TFR is still in effect.

In the meantime, Banner-Towing will continue overhead, DURING major sporting events within the U.S. at three-thousand one feet (3001 ft. / 915m) a.g.l..  This new minimum altitude presents to the Banner Towing industry and it's buyers a few notable issues mostly dealing with simple relevance.

1) MINIMUM READABLE TEXT HEIGHT
Minimum readable text flown at 1000 ft. / 305m is 4.5 ft. / 1.4m tall.
Minimum readable text flown at 3001 ft. / 915m needs to be 13.6 ft. / 4.2m tall.

2) CHANGEABLE AERIAL BANNER EQUIPMENT AVAILABLE IN THE NEW MINIMUM READABLE SIZES AND THE PERFORMANCE REQUIREMENTS OF THE AIRCRAFT UTILIZED TO TOW THE EQUIPMENT
Whether you are currently flying 5 ft. / 1.7m or 7 ft. / 2.1m tall, standard die-cut letter banners, the relevant drag/load and aircraft performance factor would increase at a rate of 3 to 1.  This is to say if operators attempted to fly 15 ft. / 5.1m or 21 ft. / 6.4m tall, standard die-cut aerial banners.  Approximately 93% of the current U.S. Banner Towing operators do not have the capability to achieve this utilizing the same aircraft and maximum letter character load.  BigUp's new line of High-Performance LowDrag Large 20 ft. / 6.1m Aerial Banner Characters can assure that the majority of current operators WILL be able to deliver a cost-effective, readable banner at the new, higher altitudes.

3) FLYING BILLBOARD SIZE REQUIREMENTS UTILIZING THE NEW MINIMUM READABLE TEXT HEIGHT AND THE PERFORMANCE REQUIREMENTS OF THE AIRCRAFT UTILIZED TO TOW THEM
Standard Flying Billboard sizes ranging from 20 ft. / 6.1m to 30 ft. / 9.1m tall by 60 ft. / 18.2m to 100 ft. / 30.5m in length and that utilize the same artwork layout techniques will need to be at least twice the size.  The reason for this not being three times the size is because most flying billboards have larger than minimum size readable text already.  If text heights were at minimum readable heights in the past, than the three times the size factor would apply.    Even at twice the size, approximately 93% of the current U.S. Banner Towing operators do not have the capability to achieve this utilizing the same aircraft and maximum size, standard flying billboard load.  BigUp's line of High-Performance Flying Billboards and our art departments exceptional layout techniques can assure that the majority of current operators WILL be able to deliver a cost-effective, readable billboard at the new, higher altitudes.  Three to six times the normal size flying billboards and some exceeding 20,000 sq. ft. / 1858m2 are currently available, however they can only be executed by a select few operators.  An easy guideline to follow is if the flying billboard requires one line of text, then the height of the sign will be at least 15 ft. / 4.6m tall.  If the billboard requires two lines of text, then the height of the sign will be at least 30 ft. / 9.2m tall.  If the billboard requires three lines of text,  then the height of the sign will be at least 45 ft. / 13.8m tall.

4) COST INCREASES INVOLVED IN TOWING AERIAL BANNERS AND FLYING BILLBOARDS AT THE NEW STADIUM ALTITUDES
Costs to execute banner towing at these new stadium altitudes will vary slightly depending on each operator, however initial setup and equipment costs for a single aircraft operation will be approximately $9,000 to 14,000 USD.  Cost increases to the advertising buyer for placement over these events will surely increase but it is too early to determine whether the 3 to 1 relevance issue will apply to rates charged or if it will be closer to the 2 to 1 range.  In any case, each advertiser who commits to flying over major events in the next year will be treated to much more retention due to the clutter factor being greatly reduced.  Also, with text heights larger and the banners flying higher, the overall readable viewing box for the signs will be at least two to three times larger, enabling that many more people to see and read the message.  Result, two to three times the actual exposure and impressions.

The new minimum altitude imposed IS NOT THE END FOR BANNER TOWING OVER MAJOR SPORTING EVENTS OR THE BANNER TOWING COMMUNITY WITHIN THE UNITED STATES.
  
To Execute Aerial Banner Towing Over Any U.S. Event: CLICK HERE!

For Your Questions or Comments: CLICK HERE!