[Federal Register Volume 65, Number 224 (Monday, November 20, 2000)]
[Notices]
[Page 69848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29621]



  Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / 
Notices  

[[Page 69848]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Commercial Routes for the Grand Canyon National Park

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice; Delay of effective date.

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SUMMARY: On April 4, 2000, the FAA issued a Notice of Availability of 
commercial routes in the Grand Canyon National Park (GCNP) Special 
Flight Rules Area (SFRA) setting forth new routes available for GCNP. 
Additionally, on that same day, the FAA published a final rule 
modifying the airspace of the SFRA. The new routes and the Airspace 
final rule are interrelated. On July 31, 2000, the United States Air 
Tour Association and seven air tour operators in GCNP requested a stay 
of the compliance date for the airspace final rule from the FAA. On 
October 11, 2000, the FAA published a denial of the stay request. On 
October 25, 2000, the Air Tour Providers filed with the D.C. Circuit 
Court of Appeals a Motion for Stay and Emergency Relief Pending Review 
of an Agency Order. On November 2, 2000, the FAA filed with the D.C. 
Circuit Court of Appeals its Opposition to Petitioners' Motion for Stay 
Pending Review and Notification of Administrative Stay of Route and 
Airspace Rules. This document delays the effective date of the Route 
system until December 28, 2000 so that the FAA may investigate some new 
safety issues just raised by the Air Tour Providers.

DATES: The Notice of availability for Commercial Routes for the Grand 
Canyon National Park was issued on March 28, 2000, and published in the 
Federal Register on April 4, 2000 (65 FR 17698). It was scheduled to 
become effective on December 1, 2000. The FAA is delaying 
implementation of the routes until December 28, 2000.

FOR FURTHER INFORMATION CONTACT: Howard Nesbitt, Flight Standards 
Service, (AFS-200). Federal Aviation Administration, Seventh and 
Maryland Streets, SW, Washington, DC 20591; Telephone (202) 493-4981.

SUPPLEMENTARY INFORMATION:

Background

    On April 4, 2000, the Federal Aviation Administration published two 
final rules, the Modification of the Dimensions of the Grand Canyon 
National Park Special Flight Rules Area and Flight Free Zones (Air 
Space Modification), and the Commercial Air Tour Limitation in the 
Grand Canyon National Park Special Flight Rules Area (Commercial Air 
Tour Limitation). See 65 FR 17736; 65 FR 17708; April 4, 2000. The FAA 
also simultaneously published a notice of availability of Commercial 
Routes for the Grand Canyon National Park (Routes Notice). See 65 FR 
17698, April 4, 2000. The commercial Air Tour Limitations final rule 
became effective on May 4, 2000. The Air Space Modification final rule 
and the routes set forth in the Routes Notice were scheduled to become 
effective December 1, 2000. The effective date of the Air Space 
Modification final rule and the new routes was delayed to provide the 
air tour operators ample opportunity to train on the new route system 
during the non-tour season. The Final Supplemental Environmental 
Assessment for Special Flight Rules in the Vicinity of Grand Canyon 
National Park (SEA) was completed on February 22, 2000, and the Finding 
of No Significant Impact was issued on February 25, 2000.
    On May 8, 2000, the United States Air Tour Association and seven 
air tour operators (hereinafter collectively referred to as the Air 
Tour Providers) filed a petition for review of the two final rules 
before the United States Court of Appeals for the District of Columbia 
Circuit. This petition did not cover the Routes Notice. The FAA, The 
Department of Transportation, the Department of Interior, the National 
Park Service and various federal officials were named as respondents in 
this action. On May 30, 2000, the Air Tour Providers filed a motion for 
stay pending review before the Court of appeals. The federal 
respondents in this case filed a motion for summary denial on grounds 
that petitions had not exhausted their administrative remedies. The 
Court granted the federal respondents summary denial on July 19, 2000. 
The Grand Canyon Trust, the National Parks and Conservation 
Association, the Sierra Club, the Wilderness Society, Friends of the 
Grand Canyon and Grand Canyon River Guides, Inc. (The Trust) filed a 
petition for review of the same rules on May 22, 2000. The Court, by 
motion of the federal respondents, consolidated that case with that of 
the Air Tour Providers. The Hualapai Indian Tribe of Arizona filed a 
motion to intervene in the Air Tour Providers petition for review on 
June 23, 2000. The Court granted that motion on July 19, 2000.
    On July 31, 2000, the Air Tour Providers filed a motion for stay 
before the FAA. Both the Hualapai Indian Tribe and the Trust filed 
oppositions to the Air Tour Providers' stay motion. On October 11, 
2000, (65 FR 60352) the FAA published a disposition of the stay 
request, denying the stay. On October 25, 2000, the Air Tour Providers 
filed a Motion for Stay and Emergency Relief Pending Review of an 
Agency Order with the Court of Appeals. The federal respondents filed 
their Opposition to Petitioner's Motion for Stay Pending Review and 
Notification of Administrative Stay of Route and Airspace Rules on 
November 2, 2000.

Agency Action

    The Air Tour Providers have raised some specific safety allegations 
about the routes in the Dragon Corridor (Green Route 2 and 2R), Zuni 
Point Corridor (Green 1; Black 1) and east of the Desert View Flight 
Free Zone (Black 2 and Green 3). These safety issues were not 
previously raised to the FAA and thus the FAA has not had the 
opportunity to investigate the merit of these allegations. The FAA 
takes these allegations very seriously and thus has sent out a group of 
FAA safety inspectors to verify the significance of these allegations. 
Based on the information obtained from these investigators, the FAA 
will determine how to best resolve any safety issues of merit. The FAA 
will report its findings to the Court by November 28, 2000. In the 
meantime, the FAA is delaying the effective date of the new routes 
until December 28, 2000. Elsewhere in this Federal Register, the FAA 
also is delaying the effective date of the airspace changes adopted in 
the April 4, 2000 final rule. The FAA also has suspended training on 
the routes in the Dragon Corridor, Zuni Point Corridor and east of 
Desert View Flight Free Zone until it has completed its safety review. 
If the FAA determines that any of the safety issues raised by 
Petitioners have merit, then it will take the necessary steps to 
resolve them before making any of the routes effective. The FAA also 
will provide adequate time for the needed training.

    Dated: Issued in Washington, D.C. on November 14, 2000.
Jane F. Garvey,
Administrator, Federal Aviation Administration.
[FR Doc. 00-29621 Filed 11-16-00; 10:18 am]
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