[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 66248-66250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32832]



[[Page 66247]]

_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 91, 93, 121, and 135



Special Flight Rules in the Vicinity of Grand Canyon National Park; 
Final Rule

  Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / 
Rules and Regulations  

[[Page 66248]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 93, 121, and 135

[Docket No. 28537; Amendment Nos. 92-255, 93-75, 121-267, 135-71]
RIN 2120-AG54


Special Flight Rules in the Vicinity of Grand Canyon National 
Park

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: On February 26, 1997, the FAA delayed the implementation of 
certain provisions of the December 31, 1996 final rule, Special Flight 
Rules in the Vicinity of Grand Canyon National Park. That final rule 
codified the provisions of Special Federal Aviation Regulation (SFAR) 
No. 50-2, Special Flight Rules in the Vicinity of Grand Canyon National 
Park (GCNP); modified the dimensions of the GCNP Special Flight Rules 
Area (SFRA); established new and modified existing flight-free zones; 
established new and modified existing flight corridors; established 
reporting requirements for commercial sightseeing companies operating 
in the SFRA; prohibited commercial sightseeing operations in certain 
areas during certain time periods; and limited the number of aircraft 
that can be used for commercial sightseeing operations in the SFRA. 
Specifically, the February 1997 action delayed the effective date for 
the new and modified flight-free zones, SFRA modification, and 
corridors portion of the final rule and reinstated portions of and 
amended the expiration date of SFAR No. 50-2. However, that action did 
not affect or delay the implementation of the curfew, aircraft 
restrictions, reporting requirements or other portions of the rule. 
This action further delays the effective date for the flight-free 
zones, SFRA modification, and corridors portions of the December 31, 
1996, final rule until January 31, 1999, and extends the expiration 
date of SFAR 50-2 until 0900 UTC January 31, 1999. This action is 
necessary to allow the FAA time to establish a route structure for the 
GCNP.

DATES: The effective date of January 31, 1998, for 14 CFR Sections 
93.301, 93.305, and 93.307, is delayed until 0901 UTC January 31, 1999. 
Section 9 of SFAR No. 50-2 is amended effective January 16, 1998. 
Comments must be received on or before January 16, 1998.

ADDRESSES: Comments should be mailed, in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attention: Rules 
Docket (AGC-200), Docket No. 28537, 800 Independence Ave., SW., 
Washington, DC 20591. Comments may be sent electronically to the Rules 
Docket by using the following Internet address [email protected]. 
Comments must be marked Docket No. 28537. Comments may be examined in 
the Rules Docket in Room 915G on weekdays between 8:30 a.m. and 5:00 
p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Reginald C. Matthews, Manager, Airspace and Rules Division, ATA-
400, Office of Air Traffic Airspace Management, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
Telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Request for Comments on the Rule

    Although this action is a final rule, and was not preceded by 
notice and public procedure, comments are invited on the rule. This 
rule will become effective on the date specified in the DATES section. 
Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in evaluating the 
effects of the rule, and in determining whether additional rulemaking 
is required.

Background

    On December 31, 1996, the FAA published three concurrent actions (a 
final rule, a Notice of Proposed Rulemaking, and a Notice of 
Availability of Proposed Commercial Air Tour Routes) in the Federal 
Register (62 FR 69301) as part of an overall strategy to reduce further 
the impact of aircraft noise on the GCNP environment and to assist the 
National Park Service (NPS) in achieving its statutory mandate imposed 
by Public Law 100-91. The final rule amended part 93 of the Federal 
Aviation Regulations and added a new subpart to codify the provisions 
of SFAR No. 50-2, modified the dimensions of the GCNP SFRA; established 
new and modified existing flight-free zones; established new and 
modified existing flight corridors; and established reporting 
requirements for commercial sightseeing companies operating in the 
Special Flight Rules Area. In addition, to provide further protection 
for park resources, the final rule prohibited commercial sightseeing 
operations in the Zuni and Dragon corridors during certain time 
periods, and placed a temporary limit on the number of aircraft that 
can be used for commercial sightseeing operations in the GCNP SFRA. 
These provisions originally were to become effective on May 1, 1997.
    Also published was an NPRM, Notice No. 96-15, proposing to 
establish noise limitations for certain aircraft operating in the 
vicinity of GCNP. Finally, a Notice of Availability of Proposed 
Commercial Air Tour Routes for the GCNP was published. This Notice 
requested comment on the proposed new or modified existing air tour 
routes, which would complement the final rule affecting the Special 
Flight Rules in the Vicinity of GCNP.
    On February 21, 1997, the FAA issued a final rule that delayed the 
implementation of certain sections of the final rule (62 FR 8862; 
February 26, 1997). Specifically, this action delayed the 
implementation date, until January 31, 1998, of those sections of the 
rule that address the SFRA, flight-free zones, and flight corridors, 
respectively sections 93.301, 93.305, and 93.307. In addition, certain 
portions of SFAR No. 50-2 were reinstated and the expiration date was 
extended. With the goal to produce the best air tour routes possible, 
implementation was delayed to allow the FAA and the Department of 
Interior (DOI) to consider comments and suggestions to improve the 
proposed route structure. This latter action did not affect or delay 
the implementation of the curfew, aircraft cap, or reporting 
requirements of the rule.
    On May 15, 1997, the FAA published an NPRM, Notice No. 97-6, and a 
companion Notice of Availability of Proposed Routes that proposed two 
quiet technology corridors in GCNP. The first corridor, through the 
Bright Angel flight-free zone, would be used for quiet technology 
aircraft only. The second corridor, through National Canyon, would be 
for quiet technology aircraft for westbound traffic after December 21, 
2001.
    After certain provisions of the final rule become effective on May 
1, the FAA discovered that it had significantly underestimated the 
number of commercial air tour aircraft operating over the GCNP in 1995. 
Based on this new information, the FAA reevaluated the economic and 
environmental analyses completed for the final rule. While the benefits 
of the final rule, as analyzed with the new information, are less than 
originally predicted by the FAA, the rule continues to provide benefits 
in comparison to withdrawing portions of the rule or the rule in its 
entirety. Since the final rule is one step towards the substantial 
restoration of natural quiet that will be augmented by further steps, 
the changes in the

[[Page 66249]]

analyses are not of such magnitude as to affect the Agency's position 
on the implementation of the final rule or the Federal government's 
overall policy to address the effects of air tour operations in GCNP. 
An explanation of the new information, along with the reevlaution of 
the economic and environmental analyses, was published as a Notice of 
Clarification on October 31, 1997 (62 FR 58898).
    Also in the Notice of Clarification, the FAA announced that after 
discussions with the DOI and NPS, the Agencies jointly agreed to delay 
the final route selection for commercial air tour operations in the 
GCNP until the fall of 1998. This delay would permit valuable time for 
further review and discussions to take place with particular emphasis 
on the proposed National Canyon corridor.

Notice and Comment

    Development of the air tour routes is a critical step in the 
completion of the airspace structure for GCNP and towards achieving 
NPS's goal of substantially restoring the natural quiet in GCNP. The 
air tour routes, flight-free zones and flight corridors must be 
implemented at the same time in order to complete the airspace 
structure and to provide for the transition to the new operating 
environment in GCNP. If the FAA were to implement, as scheduled, the 
airspace portions of the final rule, particularly the expansion of the 
flight-free zones, without the corresponding new routes, certain air 
tour routes currently in use would disappear on January 31, 1998. The 
loss of these air tour routes would force the commercial air tour 
traffic onto the remaining air tour routes, creating a potentially 
unsafe operating situation in GCNP. Since the agencies have determined 
to delay selection and finalization of the air tour routes, the FAA 
finds that the airspace portions of the final rule, which were to be 
effective on January 31, 1998, must also be further delayed. In order 
for the commercial air tour operators conducting operations in GCNP to 
be made aware of the delay of the implementation of the airspace 
portions of the final rule and to avoid any confusion that could result 
in an unsafe operating environment at GCNP, the FAA finds that there is 
sufficient justification under 5 U.S.C. 553(b) to issue this rule 
without notice and prior opportunity for comment.
    The FAA maintains its past position that the training of pilots on 
new routes during a peak tourist season could be unsafe. Peak season at 
GCNP extends approximately from May through October. To eliminate the 
potential for unsafe operations within the Park, the FAA has determined 
that the training should take place in the Park when the volume of air 
traffic traditionally decreases, i.e., after the summer tourist season. 
The FAA expects that the new route structure will be completed by the 
Fall of 1998. For the above reasons, the FAA is delaying implementation 
of sections 93.301, 93.305, and 93.307 of the December 31, 1996, final 
rule for a full season, until January 31, 1999, to give the operators 
sufficient time to train their pilots adequately and safely after the 
close of the busy summer season. Additionally, the FAA is amending the 
expiration date for those portions of SFAR No. 50-2 reinstated in the 
February 26, 1997, final rule until January 31, 1999.
    While there is not sufficient time to allow prior notice and 
comment concerning the FAA decision to delay the January 31, 1998, 
effective date, comments are invited concerning any other aspect of 
this rule, including the new implementation date of January 31, 1999.

Economic Evaluation

    In issuing the final rule for Special Flight Rules in the Vicinity 
of the GCNP, the FAA prepared a cost benefit analysis of the rule. A 
copy of the regulatory evaluation is located in docket No. 28537. That 
economic evaluation was later revised based on new information that 
showed that the number of aircraft being operated in the GCNP was 
greater than originally estimated. The reevaluation of the economic 
data, including alternatives considered, was published in the Notice of 
Clarification discussed earlier (62 FR 58898). In the notice, the FAA 
concluded that the rule is still cost beneficial. This extension of the 
effective date for the final rule will not affect that reevaluation, 
although the delay in the implementation of the extended FFZs will be 
cost relieving.

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended, 
the FAA completed a final regulatory flexibility analysis of the final 
rule. This analysis was also reevaluated and revised findings were 
published in the Notice of Clarification referenced above, as a 
Supplemental Regulatory Flexibility Analysis. This extended delay of 
the compliance date will not affect that supplemental analysis.

Federalism Implications

    The amendment set forth herein will not have substantial direct 
effects on the States, or the relationship between the national 
Government and the State, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
amendment does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Conclusion

    The FAA has determined that this regulation imposes no additional 
burden on any person. Accordingly, it determines that this action: (1) 
is not a significant action under Executive Order 12866; and, (2) is 
not a significant action under Department of Transportation Regulatory 
Policy and Procedures (44 FR 11034). In addition, the FAA certifies 
that this action, delaying certain provisions of the final rule issued 
on December 31, 1996, will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. However, when ultimately implemented, the 
final rule will have a significant impact on a substantial number of 
small entities as described in the Notice of Clarification.

List of Subjects

14 CFR Part 91

    Aircraft, Airmen, Air traffic control, Aviation safety, Noise 
control.

14 CFR Part 93

    Air traffic control, Airports, Navigation (Air).

14 CFR Part 121

    Aircraft, Airmen, Aviation safety, Charter flights, Safety, 
Transportation.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety.

Adoption of Amendments

    Accordingly, the Federal Aviation Administration (FAA) amends 14 
CFR parts 91, 93, 121, and 135 as follows:

PARTS 91, 121 AND 135--[AMENDED]

    1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111, 
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.

    2. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.


[[Page 66250]]


    3. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.
    4. In parts 91, 121, and 135, Special Federal Aviation Regulation 
No. 50-2, Section 9 is revised to read as follows:

SFAR 50-2--Special Flight Rules in the Vicinity of the Grand Canyon 
National Park, AZ

* * * * *
    Section 9, Termination date. Sections 1. Applicability, Section 
4, Flight-free zones, and Section 5. Minimum flight altitudes, 
expire on 0900 UTC, January 31, 1999.

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS

    5. The authority citation for part 93 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
44514, 44701, 44719, 46301.

    The effective date of May 1, 1997, for new Sections 93.301, 93.305, 
and 93.307 published at 61 FR 69330 (December 31, 1996), corrected at 
62 FR 2445 (January 16, 1997), and delayed at 62 FR 8862 (February 26, 
1997) to be added to 14 CFR Part 93 is delayed until 0901 UTC, January 
31, 1999.

    Issued in Washington, DC, on December 11, 1997.
Jane F. Garvey,
Administrator.
[FR Doc. 97-32832 Filed 12-12-97; 11:16 am]
BILLING CODE 4910-13-M