[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.
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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]
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