[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Rules and Regulations]
[Pages 1002-1005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33457]



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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91, 93, 121, 135



Modification of the Dimensions of the Grand Canyon National Park 
Special Flight Rules Area and Flight Free Zones; Final Rule



Commercial Routes for the Grand Canyon National Park; Notice

  Federal Register / Vol. 66 , No. 3 / Thursday, January 4, 2001 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 93, 121, 135

[Docket No. FAA-1999-5926]
RIN 2120-AG74


Modification of the Dimensions of the Grand Canyon National Park 
Special Flight Rules Area and Flight Free Zones

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Delay of effective date.

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SUMMARY: On April 4, 2000, the FAA published two final rules for Grand 
Canyon National Park (GCNP). One rule limited the number of commercial 
air tour operations in the GCNP Special Flight Rules Area (SFRA); the 
other modified the airspace of the SFRA. The Commercial Air Tour 
Limitations final rule was effective on May 4, 2000. The airspace 
modifications were scheduled to become effective December 1, 2000. On 
November 20, 2000, the FAA published a final rule delaying the 
effective date of the Airspace Modification Final Rule until December 
28, 2000, so that the FAA could investigate further new safety issues 
raised by the air tour operators. The FAA has completed its 
investigation and based on that investigation is delaying the Airspace 
Modification final rule pending resolution of some safety issues on the 
east end of the GCNP SFRA. In a companion document in this Federal 
Register the FAA also delays the implementation of the routes in GCNP.

DATES: The final rule Modification of the Dimensions of the Grand 
Canyon National Park Special Flight Rules Area and Flight Free Zones, 
was issued on March 28, 2000, and published in the Federal Register on 
April 4, 2000 (65 FR 17735). It was scheduled to become effective on 
December 1, 2000. The FAA delayed the effective date of the final rule 
until December 28, 2000 (65 FR 69846; November 20, 2000). The FAA is 
now delaying the final rule until April 1, 2001. This action does not 
affect the Commercial Air Tour Limitations final rule that became 
effective May 4, 2000.

ADDRESSES: You may view a copy of the final rules, Commercial Air Tour 
Limitations in the Grand Canyon National Park Special Flight Rules Area 
and Modification of the Dimensions of the Grand Canyon National Park 
Special Flight Rules Area and Flight Free Zones, through the Internet 
at: http://dms.dot.gov, by selecting docket numbers FAA-99-5926 and 
FAA-99-5927. You may also review the public dockets on these 
regulations in person in the Docket Office between 9 and 5, Monday 
through Friday, except Federal holidays. The Docket Office is on the 
plaza level of the Nassif Building at the Department of Transportation, 
400 7th St., SW., Room 401, Washington, DC, 20590.
    As an alternative, you may search the Federal Register's Internet 
site at 
http://www.access.gpo.gov/su_docs for access to the final rules.
    You may also request a paper copy of the final rules from the 
Office of Rulemaking, Federal Aviation Administration, 800 Independence 
Ave., SW., Washington, DC, 20591, or by calling (202) 267-9680.

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 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. 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 petitioners 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. The FAA issued an administrative stay of the routes 
and airspace until December 28, 2000, so that it could further 
investigate some new safety allegations raised by the Air Tour 
Providers during the course of litigation.

Agency Action

    In the Air Tour Providers' motion filed October 25, 2000, the Air 
Tour Providers raised some specific safety allegations about the routes 
in the Dragon Corridor (Green Route 2 and 2R), the routes north of the 
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 understood by the FAA. The FAA has investigated the 
allegations and determined that additional measures need to be taken 
with regard to the east end of the GCNP SFRA to ensure the safest 
routes possible. Because of the interrelationship between the routes 
and the airspace in the GCNP SFRA, it is

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necessary to stay the Airspace Modification final rule pending the 
resolution of the safety issues. The FAA is staying the Airspace 
Modification final rule until the east end route issues are resolved. 
In a parallel change, SFAR 50-2 is reinstated and extended until April 
1, 2001; it is republished in this Federal Register. The FAA intends on 
having these issues resolved by or before April 1, 2001.
    The FAA intends on implementing the entire route system by spring 
2001, in time for summer tour season. In the event the FAA cannot 
resolve the east end routes in a timely manner, it will likely 
implement some or all of the west end routes (Blue Direct North, Blue 
Direct South, Green 4, Blue 2 and the Brown routes as shown on the 
April 4, 2000 map) by spring 2001. Elsewhere in the Federal Register, 
the FAA publishes a notice delaying the effective date of the routes 
published on April 4, 2000. Additionally, on December 13, 2000, the FAA 
published a notice of availability of routes so that interested parties 
may obtain a copy of a map depicting the proposed modifications to the 
routes.

Immediate Effective Date

    The FAA finds that good cause exists under 5 U.S.C. 553(d) for this 
final rule to become final rule upon issuance. The FAA and NPS must 
implement new air tour routes, flight-free zones, and flight corridors 
at the same time in order to transition to a new operating environment 
in GCNP. The FAA has determined that because new safety concerns have 
been raised that need to be investigated further, it is paramount that 
this rule become effective immediately.

Economic Evaluation

    In issuing the final rule for the Modification of the Dimensions of 
the Grand Canyon National Park Special Flight Rules Area and Flight 
Free Zone, the FAA prepared a cost benefit analysis of the rule. A copy 
of the regulatory evaluation is located in docket Number 99-5926, 
Amendment No. 93-80. This delay of the effective date for the final 
rule will not affect that evaluation, although the delay in the 
implementation of the FFZs may be temporarily cost relieving for air 
tour operators.

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 extended delay of the effective date will not affect that 
supplemental analysis.

Federalism Implications

    This amendment will not have substantial direct effects 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, in accordance with Executive 
Order 12612, it is determined that this amendment would not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment.

Unfunded Mandates Reform Act

    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. The FAA has 
determined that this rule will not impose any unfunded mandates.

List of Subjects

14 CFR Part 91, 121, 135

    Aircraft, Airmen, Aviation safety

14 CFR Part 93

    Air traffic control, Airports, Navigation (Air)

Adoption of Amendments

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

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

PART 121--[AMENDED]

    1a. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

PART 135--[AMENDED]

    1b. 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.

    2. In Parts 91, 121, and 135, SFAR 50-2 is reinstated and 
republished, and section 9 is revised. The map that accompanied SFAR 
50-2 is not reinstated, but a note regarding its availability is added. 
The republished, revised, and added text reads as follows:

Special Federal Aviation Regulations

SFAR No. 50-2--Special Flight Rules in the Vicinity of the Grand 
Canyon National Park, AZ

    Section 1. Applicability. This rule prescribes special operating 
rules for all persons operating aircraft in the following airspace, 
designated as the Grand Canyon National Park Special Flight Rules 
Area:
    That airspace extending upward from the surface up to but not 
including 14,500 feet MSL within an area bounded by a line beginning 
at lat. 36 deg.09'30" N., long. 114 deg.03'00" W.; northeast to lat. 
36 deg.14'00" N., long. 113 deg.09'50" W.; thence northeast along 
the boundary of the Grand Canyon National Park to lat. 36 deg.24'47" 
N., long. 112 deg.52'00" W.; to lat. 36 deg.30'30" N., long. 
112 deg.36'15" W. to lat. 36 deg.21'30" N., long. 112 deg.00'00" W. 
to lat. 36 deg.35'30" N., long. 111 deg.53'10" W., to lat. 
36 deg.53'00" N., long. 111 deg.36'45" W. to lat. 36 deg.53'00" N., 
long. 111 deg.33'00" W.; to lat. 36 deg.19'00" N., long. 
111 deg.50'50" W.; to lat. 36 deg.17'00" N., long. 111 deg.42'00" 
W.; to lat. 35 deg.59'30" N., long. 111 deg.42'00" W.; to lat. 
35 deg.57'30" N., long. 112 deg.03'55" W.; thence counterclockwise 
via the 5 statute mile radius of the Grand Canyon Airport airport 
reference point (lat. 35 deg.57'09" N., long. 112 deg.08'47" W.) to 
lat. 35 deg.57'30" N., long. 112 deg.14'00" W.; to lat. 
35 deg.57'30" N., long. 113 deg.11'00" W.; to lat. 35 deg.42'30" N., 
long. 113 deg.11'00" W.; to 35 deg.38'30" N.; long. 113 deg.27'30" 
W.; thence counterclockwise via

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the 5 statute mile radius of the Peach Springs VORTAC to lat. 
35 deg.41'20" N., long. 113 deg.36'00" W.; to lat. 35 deg.55'25" N., 
long. 113 deg.49'10" W.; to lat. 35 deg.57'45" N., 113 deg.45'20" 
W.; thence northwest along the park boundary to lat. 36 deg.02'20" 
N., long. 113 deg.50'15" W.; to 36 deg.00'10" N., long. 
113 deg.53'45" W.; thence to the point of beginning.
    Section 3. Aircraft operations: general. Except in an emergency, 
no person may operate an aircraft in the Special Flight Rules, Area 
under VFR on or after September 22, 1988, or under IFR on or after 
April 6, 1989, unless the operation--(a) Is conducted in accordance 
with the following procedures:

    Note: The following procedures do not relieve the pilot from 
see-and-avoid responsibility or compliance with FAR 91.119.

    (1) Unless necessary to maintain a safe distance from other 
aircraft or terrain--
    (i) Remain clear of the areas described in Section 4; and
    (ii) Remain at or above the following altitudes in each sector 
of the canyon:
    Eastern section from Lees Ferry to North Canyon and North Canyon 
to Boundary Ridge: as prescribed in Section 5.
    Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet 
MSL.
    Western section from Diamond Creek to the Grant Wash Cliffs: 
8,000 feet MSL.
    (2) Proceed through the four flight corridors describe in 
Section 4 at the following altitudes unless otherwise authorized in 
writing by the Flight Standards District Office:

Northbound

    11,500 or
    13,500 feet MSL

Southbound

    >10,500 or
    >12,500 feet MSL
    (b) Is authorized in writing by the Flight Standards District 
Office and is conducted in compliance with the conditions contained 
in that authorization. Normally authorization will be granted for 
operation in the areas described in Section 4 or below the altitudes 
listed in Section 5 only for operations of aircraft necessary for 
law enforcement, firefighting, emergency medical treatment/
evacuation of persons in the vicinity of the Park; for support of 
Park maintenance or activities; or for aerial access to and 
maintenance of other property located within the Special Flight 
Rules Area. Authorization may be issued on a continuing basis. 
(c)(1) Prior to November 1, 1988, is conducted in accordance with a 
specific authorization to operate in that airspace incorporated in 
the operator's part 135 operations specifications in accordance with 
the provisions of SFAR 50-1, notwithstanding the provisions of 
Sections 4 and 5; and
    (2) On or after November 1, 1988, is conducted in accordance 
with a specific authorization to operate in that airspace 
incorporated in the operated in the operator's operations 
specifications and approved by the Flight Standards District Office 
in accordance with the provisions of SFAR 50-2.
    (d) Is a search and rescue mission directed by the U.S. Air 
Force Rescue Coordination Center.
    (e) Is conducted within 3 nautical miles of Whitmore Airstrip, 
Pearce Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, 
or Marble Canyon Airstrip at an altitudes less than 3,000 feet above 
airport elevation, for the purpose of landing at or taking off from 
that facility. Or
    (f) Is conducted under an IFR clearance and the pilot is acting 
in accordance with ATC instructions. An IFR flight plan may not be 
filed on a route or at an altitude that would require operation in 
an area described in Section 4.
    Section 4. Flight-free zones. Except in an emergency or if 
otherwise necessary for safety of flight, or unless otherwise 
authorized by the Flight Standards District Office for a purpose 
listed in Section 3(b), no person may operate an aircraft in the 
Special Flight Rules Area within the following areas:
    (a) Desert View Flight-Free Zone. Within an area bounded by a 
line beginning at Lat. 35 deg.59'30" N., Long. 111 deg.46'20" W. to 
35 deg.59'30" N., Long. 111 deg.52'45" W.; to Lat. 36 deg.04'50" N., 
Long. 111 deg.52'00" W.; to Lat. 36 deg.06'00" N., Long. 
111 deg.46'20" W.; to the point of origin; but not including the 
airspace at and above 10,500 feet MSL within 1 mile of the western 
boundary of the zone. The area between the Desert View and Bright 
Angel Flight-Free Zones is designated the ``Zuni Point Corridor.''
    (b) Bright Angel Flight-Free Zone. Within an area bounded by a 
line beginning at Lat. 35 deg.59'30" N., Long. 111 deg.55'30" W.; to 
Lat. 35 deg.59'30" N., Long. 112 deg.04'00" W.; thence 
counterclockwise via the 5 statute mile radius of the Grand Canyon 
Airport point (Lat. 35 deg.57'09" N., Long. 112 deg.08'47" W.) to 
Lat. 36 deg.01'30" N., Long. 112 deg.11'00" W.; to Lat. 
36 deg.06'15" N., Long. 112 deg.12'50" W.; to Lat. 36 deg.14'40" N., 
Long. 112 deg.08'50" W.; to Lat. 36 deg.14'40" N., Long. 
111 deg.57'30" W.; to Lat. 36 deg.12'30" N., Long. 111 deg.53'50" 
W.; to the point of origin; but not including the airspace at and 
above 10,500 feet MSL within 1 mile of the eastern boundary between 
the southern boundary and Lat. 36 deg.04'50" N. or the airspace at 
and above 10,500 feet MSL within 2 miles of the northwest boundary. 
The area bounded by the Bright Angel and Shinumo Flight-Free Zones 
is designated the ``Dragon Corridor.''
    (c) Shinumo Flight-Free Zone. Within an area bounded by a line 
beginning at Lat. 36 deg.04'00" N., Long. 112 deg.16'40" W.; 
northwest along the park boundary to a point at Lat. 36 deg.12'47" 
N., Long. 112 deg.30'53" W.; to Lat. 36 deg.21'15" N., Long. 
112 deg.20'20" W.; east along the park boundary to Lat. 
36 deg.21'15" N., Long. 112 deg.13'55" W.; to Lat. 36 deg.14'40" N., 
Long. 112 deg.11'25" W.; to the point of origin. The area between 
the Thunder River/Toroweap and Shinumo Flight Free Zones is 
designated the ``Fossil Canyon Corridor.''
    (d) Toroweap/Thunder River Flight-Free Zone. Within an area 
bounded by a line beginning at Lat. 36 deg.22'45" N., Long. 
112 deg.20'35" W.; thence northwest along the boundary of the Grand 
Canyon National Park to Lat. 36 deg.17'48" N., Long. 113 deg.03'15" 
W.; to Lat. 36 deg.15'00" N., Long. 113 deg.07'10" W.; to Lat. 
36 deg.10'30" N., Long. 113 deg.07'10" W.; thence east along the 
Colorado River to the confluence of Havasu Canyon (Lat. 
36 deg.18'40" N., Long. 112 deg.45'45" W.;) including that area 
within a 1.5 nautical mile radius of Toroweap Overlook (Lat. 
36 deg.12'45" N., Long. 113 deg.03'30" W.); to the point of origin; 
but not including the following airspace designated as the ``Tuckup 
Corridor'': at or above 10,500 feet MSL within 2 nautical miles 
either side of a line extending between Lat. 36 deg.24'47" N., Long. 
112 deg.48'50" W. and Lat. 36 deg.17'10" N., Long. 112 deg.48'50" 
W.; to the point of origin.
    Section 5. Minimum flight altitudes. Except in an emergency or 
if otherwise necessary for safety of flight, or unless otherwise 
authorized by the Flight Standards District Office for a purpose 
listed in Section 3(b), no person may operate an aircraft in the 
Special Flight Rules Area at an altitude lower than the following:
    (a) Eastern section from Lees Ferry to North Canyon: 5,000 feet 
MSL.
    (b) Eastern section from North Canyon to Boundary Ridge: 6,000 
feet MSL.
    (c) Boundary Ridge to Supai (Yumtheska) Point: 7,500 feet MSL.
    (d) Supai Point to Diamond Creek: 6,500 feet MSL.
    (e) Western section from Diamond Creek to the Grand Wash Cliffs: 
5,000 feet MSL.
    Section 9. Termination date. Sections 1. Applicability, Section 
4, Flight-free zones, and Section 5. Minimum flight altitudes, 
expire on 0901 UTC, April 1, 2001.

    Note: An informational map of the special flight rules areas 
defined by SFAR 50-2 is available on the Office of Rulemaking's 
website at http://www.faa.gov/avr/armhome.htm. A paper copy is 
available from the Office of Rulemaking by calling Linda Williams at 
(202) 267-9685.


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

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

    Authority: 49 USC 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.


Secs. 93.305, 93.307  [Delayed]

    4. Sections 93.305 and 93.307 published on December 31, 1996 (61 FR 
69330), corrected at 62 FR 2445 (January 16, 1997), and delayed at 65 
FR 5397 (February 3, 2000) and made effective December 1, 2000 in a 
rule published on April 4, 2000 (65 FR 17736) and delayed until 
December 28, 2000 (65 FR 69846, November 20, 2000) are further delayed 
until April 1, 2001.


Secs. 93.301, 93.305, 93.307, 93.309  [Delayed]

    5. The amendments to Section 93.301, 93.305, 93.307 and 93.309 
published on April 4, 2000 (65 FR 17736) and delayed until December 28, 
2000 (65 FR 69846, November 20, 2000) are further delayed until April 
1, 2001.

    Issued in Washington DC, on December 28, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-33457 Filed 12-28-00; 4:08 pm]
BILLING CODE 4910-13-P