[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5396-5397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2406]



[[Page 5395]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91 et al.



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

  Federal Register / Vol. 65, No. 23 / Thursday, February 3, 2000 / 
Rules and Regulations  

[[Page 5396]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 93, 121, and 135

[Docket No. 28537; Amendment Nos. 91-260, 93-79, 121-272, 135-74
RIN 2120-AG97


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 December 31, 1996, the FAA published a 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 air 
carriers operating in the SFRA; prohibited commercial sightseeing 
operations during certain time periods; and limited the number of 
aircraft that can be used for commercial sightseeing operations in the 
SFRA. In February 1997 the FAA 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 limitations, 
reporting requirements, or other portions of the rule. That extension 
was subsequently extended until January 31, 2000. This action further 
delays the effective date for the flight-free zones, SFRA modification, 
and corridors portions of the December 31, 19996, final rule until 
January 31, 20001, and amends the expiration date of SFAR 50-2 until 
the FAA issues new regulations to substantially restore natural quite 
in GCNP.

EFFECTIVE DATE:  The effective date of January 31, 2000, for 14 CFR 
93.301, 93.305, and 93.307 is delayed until 0900 UTC January 31, 2001. 
Section 9 of SFAR No. 50-2 is amended effective January 31, 2000. 
Comments on this action must be received on or before March 6, 2000.

ADDRESSES:  Comments on this final rule should be mailed in triplicate 
to: Department of Transportation Dockets, Docket No. [FAA 00-    ], 400 
Seventh Street, SW., Washington, DC 2059. Comments may be filed or 
examined in the Plaza Room 401 on weekdays, except on Federal holidays, 
between 10:00 a.m. and 5:00 p.m. Comments also may be sent 
electronically to the Rules Docket by using the following Internet 
address: http://dms.dot.gov.

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. 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 69310). These actions were 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 (Pub. L.) No 100-91 to 
substantially restore natural quiet in GCNP. The final rule amended 
part 93 of the Code of Federal 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 air carriers 
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 Point 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.
    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. This implementation date was again delayed until January 31, 
1999 (62 FR 66248; December 17, 1997). The FAA further delayed the 
implementation date until January 31, 2000 (64 FR 5152; February 3, 
1999).
    In a continuing effort to assist the NPS in fulfilling the mandate 
of Pub. L. 100-91 in the substantial restoration of natural quiet in 
GCNP, the FAA issued two proposed rules in July 1999. One proposed 
airspace modifications that would accommodate a new route structure; 
the other proposed a limitation of commercial air tour operations in 
the SFRA. In addition, a notice of availability made available maps 
depicting the new route structure.
    The FAA is now in the process of finalizing these regulations. 
However, these final rules will not be issued until after January 31, 
2000. Under these conditions, 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.

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 in a Notice of Clarification (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.
    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; February 26, 1979). In addition, 
the FAA certifies that this action will not have a significant economic 
impact on a substantial

[[Page 5397]]

number of small entities under the criteria of the Regulatory 
Flexibility Act.

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.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure of $100 million or more (when 
adjusted annually for inflation) in any one year by State, local, and 
tribal governments in the aggregate, or by the private sector. Section 
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to 
develop an effective process to permit timely input by elected officers 
(or their designees) of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandate.'' A ``significant 
intergovernmental mandate'' under the Act is any provision in a Federal 
agency regulation that would impose an enforceable duty upon State, 
local, and tribal governments in the aggregate of $100 million 
(adjusted annually for inflation) in any one year. Section 203 of the 
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that, 
before establishing any regulatory requirements that might 
significantly or uniquely affect small governments, the agency shall 
have developed a plan, which, among other things, must provide for 
notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity for these small governments to 
provide input in the development of regulatory proposals.
    This final rule does not contain any Federal intergovernmental or 
private sector mandates. Therefore, the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply.

Federalism Implications

    The FAA has analyzed this amendment under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that his section will not have a substantial direct effect on the 
States, on the relationship between the national Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, the FAA has determined that 
this amendment does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

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:

PART 91--[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.

PART 121--[AMENDED]

    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.

PART 135--[AMENDED]

    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, 44915-44717, 44722.

SFAR No. 50-2 [Amended]

    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 
0901 UTC, January 31, 2001.

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 \1\ to be added to 14 CFR Part 93 is delayed until 0901 UTC, 
January 31, 2001.
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    \1\ Published at 61 FR 69330 (December 31, 1996), corrected at 
62 FR 2445 (January 16, 1997), delayed at 62 FR 8862 (February 26, 
1997) and 62 FR 66248 (December 17, 1997).

    Issued in Washington, DC, on January 28, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-2406 Filed 1-31-00; 4:15pm]
BILLING CODE 4910-13-M