NM Lawmakers Urge FAA to Let ABQ Balloons Fly

WASHINGTON—U.S. Representative Melanie Stansbury (N.M.-01) led a letter with U.S. Senators Martin Heinrich (N.M.) and Ben Ray Luján (N.M.) requesting that the Federal Aviation Administration (FAA) immediately waive a rule that has resulted in grounding hot air balloon flights over the City of Albuquerque’s airspace. The lawmakers’ request follows the enforcement of the FAA’s rule requiring all aircraft to integrate tracking technology that cannot be installed in hot air balloons. 

The FAA rule effectively prevents between 150 and 200 daily balloon flights operated by Albuquerque’s thriving balloon industry, harming local businesses. Though Albuquerque’s annual Balloon Fiesta operated since 1972 established the city’s reputation as the balloon capital of the world, New Mexico’s hot air balloon industry launches thousands of flights each year beyond the two-week fiesta.

“Since the inception of the Albuquerque Balloon Fiesta nearly 50 years ago, balloon pilots have utilized Visual Flight Rules to keep themselves and their passengers safe,” the lawmakers wrote. “Using these rules, there have been no midair balloon -aircraft collisions in Albuquerque,” 

“This regulation comes at a grave cost to the City of Albuquerque, the international capital for hot air ballooning,” the lawmakers continued. “In addition to serving as a cultural touchstone for communities across Albuquerque, the hot air balloon industry generates millions of dollars for the City and boosts the economies of neighboring municipal and Tribal communities. 

“This restriction threatens the livelihoods of hot air balloonists throughout the City, in addition to causing a severe loss of revenue, the cancellation of other events and rides that happen throughout the year to sustain the industry, and the lack of an opportunity for balloon pilots to practice in this airspace ahead of the annual Balloon Fiesta,” the lawmakers wrote.

The full text of the letter can be found here and below.

 Dear Mr. Dickson:

We write to express my concern regarding the adverse effects of the application of Federal Aviation Regulation CFR § 91.225 on the Albuquerque ballooning community and to request that the Federal Aviation Administration (FAA) grant a year-round waiver of this rule for hot air balloons flying in the airspace above Albuquerque. 

This rule requires aircrafts to carry an Automatic Dependent Surveillance-Broadcast (ADS-B)—essentially, a tracking device—on board in order to fly in Class C airspace. This is problematic for hot air balloons, the electrical structure of which cannot accommodate this type of tracking equipment. The FAA adopted the ADS-B tracking requirement with the intent of improving air safety by decreasing the likelihood of midair collisions. While this is an understandable concern for fixed-wing aircrafts such as planes and helicopters, it is not substantiated for hot air balloons. Since the inception of the Albuquerque Balloon Fiesta nearly 50 years ago, balloon pilots have utilized Visual Flight Rules to keep themselves and their passengers safe. Using these rules, there have been no midair balloon-aircraft collisions in Albuquerque. 

Further, this regulation comes at a grave cost to the City of Albuquerque, the international capital for hot air ballooning. In addition to serving as a cultural touchstone for communities across Albuquerque, the hot air balloon industry generates millions of dollars for the City and boosts the economies of neighboring municipal and Tribal communities. 

Ballooning in Albuquerque encompasses so much more than the two-week Balloon Fiesta every October. Balloon pilots and local businesses hold year-round events and balloon rides to sustain this thriving local industry. Local companies operate between 150 and 200 balloon rides daily. Hot air balloon clubs must be able to sustain their businesses year-round in order to maintain Albuquerque’s status as the international capital of hot air ballooning. The restriction imposed by CFR §91.225(d) effectively bans hot air balloons from flying over Albuquerque, as they have for decades. This restriction threatens the livelihoods of hot airballoonists throughout the City, in addition to causing a severe loss of revenue, the cancellation of other events and rides that happen throughout the year to sustain the industry, and the lack of an opportunity for balloon pilots to practice in this airspace ahead of the annual Balloon Fiesta. 

Nevertheless, a solution under the existing rule appears within reach. CFR § 91.225(g) permits Air Traffic Control (ATC) the discretion to grant deviations from the ADB-S tracking requirement, stating, “Requests for ATC authorized deviations from the requirements of this section must be made to the ATC facility having jurisdiction over the concerned airspace[.]” Last year, ATC granted a waiver of CFR § 91.225(d) for hot air balloons for the entirety of the two-week Albuquerque Balloon Fiesta. As in years past, the 2021 Albuquerque Balloon Fiesta was a success, with no midair collisions with other aircrafts despite accommodating 588 balloons from around the world, hosting 783,866 attendees, and having an economic impact of approximately $180 million on the Albuquerque metro area. There is no reason the waiver granted during the annual Balloon Fiesta should not be extended year-round.

For the foregoing reasons, we request that the FAA grant a permanent waiver of this requirement to the Albuquerque ballooning community, similar to the one the FAA granted to the Colorado Springs ballooning community.