[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Rules and Regulations]
[Pages 16582-16584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7410]



[[Page 16581]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91 et al.



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. 58 / Monday, March 26, 2001 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91, 93, 121, 135

[Docket No. FAA-2001-9218]
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: Final rule.

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SUMMARY: On April 4, 2000, the FAA published two final rules regarding 
aircraft flight operations over Grand Canyon National Park (GCNP). The 
first rule, the Commercial Air Tour Limitations final rule, limiting 
the number of commercial air tour operations in the GCNP Special Flight 
Rules Area (SFRA), was effective on May 4, 2000. The second rule, the 
Airspace Modification final rule, modifying the airspace in the SFRA, 
was scheduled to become effective December 1, 2000. However, 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 adequately evaluate new safety issues 
raised by the air tour operators. On December 28, 2000, the FAA further 
delayed the airspace modifications final rule until April 1, 2001. The 
FAA has completed its evaluation and determined that it is necessary to 
delay implementing changes to the airspace, including two flight free 
zones in the east-end of GCNP, pending resolution of the safety issues. 
In a companion document in this Federal Register the FAA also makes 
available a map depicting commercial air tour routes in GCNP.

DATES: The amendment to SFAR 50-2 is effective April 1, 2001.
    14 CFR 93.305 and 93.307 originally published at 61 FR 69330 on 
December 31, 1996 and most recently delayed until April 1, 2001 (see FR 
1005, January 4, 2001) is further delayed. 14 CFR 93.305(c) and (d) and 
93.307 are delayed until April 19, 2001. 14 CFR 93.305 (a) and (b) are 
delayed until December 1, 2001.
    The amendments to 14 CFR 93.301, 93.305 (c) and (d), 93.307, and 
93.309, originally published at 65 FR 17736 on April 4, 2000 and most 
recently delayed until April 1, 2001 (see 66 FR 1005, January 4, 2001) 
are further delayed until April 19, 2001. The amendments to 14 CFR 
93.305 (a) and (b) originally published and most recently delayed on 
the same dates as set forth above are further delayed until December 1, 
2001.

ADDRESSES: You may view a copy of the final rule, 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-01-   . You may also review the public 
dockets on these regulations in person in the Docket Office between 
9:00 a.m. and 5:00 p.m., 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), or Ken McElroy, Airspace and Rules Division, ATA-
400, 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 published concurrently 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 
was implemented effective on May 4, 2000. The Air Space Modification 
final rule and the routes set forth in the Notice of Availability 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.
    During the course of litigation, the United States Air Tour 
Association and seven air tour operators raised new safety concerns. As 
a result, the FAA first delayed implementation of the routes until 
December 28, 2000 (November 20, 2000; 65 FR 69848). Following these 
actions, the FAA conducted an evaluation of the planned routes in the 
east-end of GCNP and determined that modifications could be made to the 
routes to enhance safety. The FAA published a second notice of 
availability of a map depicting proposed changes to routes in the east-
end of GCNP on December 13, 2000 (65 FR 78071), with a comment period 
that closed on January 26, 2001. Subsequently, the FAA delayed until 
April 1, 2001 the implementation of the routes on January 4, 2001 (66 
FR 2001). The FAA also stated that it may choose to implement the 
routes in the western portion of GCNP only while resolving routes in 
the east-end.

Agency Action

    During the comment period for the second Notice of Availability of 
air tour routes, additional safety concerns were raised regarding the 
proposed revisions to the routes on the east-end of the Grand Canyon 
National Park (GCNP) Special Flight Rules Area (SFRA). Consequently, 
the FAA is implementing the modifications to the route structure of the 
GCNP SFRA in two phases.
    The first phase will implement the routes and airspace made final 
in April 2000 on the west-end (defined as all areas of the SFRA west of 
the Dragon corridor) of the GCNP SFRA. On the east-end (defined as the 
Dragon corridor east), the first phase will implement the modification 
to the SFRA boundary, as contained in the April 2000 final rule, by 
extending the SFRA boundary over the Navajo Nation lands five miles to 
the east. However, during this phase, the route structure on the east-
end will remain almost exactly as that currently flown in the SFAR 
under Special Federal Aviation Regulation (SFAR) 50-2, with only slight 
modification to certain entry and exit points. To accomplish the dual 
goals of achieving substantial restoration of natural quiet in GCNP and 
maintaining a safe operating environment for commercial air tour 
operators, the FAA finds that this combination of commercial air tour 
routes is the most reasonable proposal for the Spring 2001 air tour 
season (May through November). This route configuration will go into 
effect on April 19, 2001. (See companion Notice of

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Availability of Commercial Air Tour routes.)
    This airspace modification extends from April 1 to April 19, 2001, 
the airspace configuration of SFAR 50-2. Because the prior agency stay 
ends on April 1, 2001, it is necessary to further delay the airspace 
until April 19, 2001. This additional extension is necessary to 
correlate the routes and airspace for the west-end of GCNP. On the 
east-end, the final rule will maintain the stay of the effective date 
of the Bright Angel and Desert View FFZs until December 1, 2001. This 
will give the FAA adequate time to determine what, if any, changes need 
to be made in the route structure in the east-end of GCNP for the 2002 
air tour season.
    The second phase of the commercial air tour route structure in GCNP 
would implement a potentially revised route and airspace structure on 
the east-end of the GCNP SFRA. It is anticipated that all revisions of 
the east-end would be based upon the route structure adopted in the 
April 2000 final rule. Implementation of the second phase will be 
determined after the FAA has evaluated and addressed all outstanding 
safety concerns. Interested persons will be afforded the opportunity to 
comment on final revisions to the route structure in the east-end of 
GCNP. The FAA anticipates that phase two modifications will be 
finalized in the winter 2001-2002 timeframe to be in place for the 2002 
commercial air tour season.
    The two phase implementation process will allow the FAA to move 
towards the mandate for the substantial restoration of natural quiet in 
GCNP by implementing the routes and airspace structure in the west-end 
of the GCNP. This will accomplish some goals of the April 2000 
rulemaking, in that it will eliminate the Blue 1 and Blue 1A routes. In 
addition, the phased approach will allow the FAA to adequately evaluate 
and address the new safety concerns related to the routes in the east-
end of GCNP while allowing commercial air tour operators adequate time 
to train on the revised east-end routes during the off-peak season. At 
the same time, the phased process will provide for the elimination of 
overflights of some of the traditional cultural properties identified 
by Native American Tribes during the National Historic Preservation Act 
(NHPA) Section 106 consultation process.

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 requiring the modification of the 
airspace in GCNP to transition to a new operating environment in GCNP. 
The FAA has determined that because new safety concerns have been 
raised, which warrant further evaluation, it is necessary to implement 
the airspace codified in April 2000 in a phased approach.

Environmental Review

    The FAA has completed a written reevaluation (WR) of the February 
22, 2000 Final Supplemental Environmental Assessment (FSEA) for Special 
flight rules in the Vicinity of Grand Canyon National Park (GCNP). The 
WR examines the potential environmental impacts associated with the 
phased implementation of the Airspace rule and the Commercial Air Tour 
Route Modifications described in the FSEA. This phased approach will 
involve implementation of the ``preferred'' alternative airspace and 
air tour route structure as described in the FSEA for the GCNP SFRA 
west of Dragon Corridor. No changes to this portion of the GCNP SFRA as 
described in the FSEA will occur. Thus, the impact evaluation for the 
``preferred'' alternative contained in the FSEA remains valid for the 
stage-one airspace and routes implementation at the west-end of the 
GCNP SFRA. The FAA also reviewed the planned implementation of the 
stage-one airspace, routes, and route modifications on the east-end and 
has determined that they are not significant changes from the plans 
analyzed under the ``no action'' alternative in the FSEA. Therefore, 
the FAA has determined that the proposed route revisions to the SFAR 
50-2 route structure conform with the ``no action'' alternative 
analyzed in the FSEA. The FAA has determined that the data and analyses 
contained in the FSEA are still substantially valid and all pertinent 
conditions and requirements of the prior approval have or will be met 
in the current action.
    While the delayed implementation of the east-end route and airspace 
structure will lessen the percentage of the GCNP substantially restored 
to natural quiet, it is only a temporary delay. The routes and airspace 
at the east-end of the GCNP SFRA are stayed, however, as soon as the 
safety concerns are addressed and the operators are given the 
opportunity to train in the off-peak season, new routes and airspace 
will be implemented in the east-end. In addition, given that the 
majority of the revised routes and airspace for GCNP will be 
implemented, during stage-one, the staged implementation process will 
result in a gain of substantial restoration of natural quiet for GCNP 
as described in the FSEA.
    Therefore for the above reasons and pursuant to FAA Order 1050.1D, 
Paragraph 92, the FAA has determined that the contents of the Final 
Supplemental Environmental Assessment and its conclusions issued on 
February 22, 2000 are still valid. Additionally, the FAA has found that 
the previous Section 106 Determination of No Adverse Effect to TCPs 
identified by Native Americans issued for the FSEA is also still valid. 
Copies of the written reevaluation have been placed in the public 
docket for this rulemaking, have been circulated to interested parties, 
and may be inspected at the same time and location as this final rule.

Economic Analysis

    The economic analysis completed for the final rule published April 
4, 2000 evaluates the east-end and west-end operations separately since 
these are distinct markets. This action implements the west-end 
airspace structure and the economic analysis from the April 4, 2000 
final rule remains valid. At this time the FAA is delaying 
implementation of the east-end routes, it is not taking a final action. 
If the agency takes a final action that is different than that 
published on April 4, 2000, then it may be necessary to complete a 
revised economic evaluation.

Initial Regulatory Flexibility Determination and Assessment

    The Regulatory Flexibility Act (RFA) of 1980 establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organization, and government jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA. However, if an agency determines that a proposed or final rule 
is not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that

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the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    This final rule will have only a de minimus cost impact on the 
certificate holders for whom costs have been estimated. Accordingly, 
pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the 
Federal Aviation Administration certifies that this rule will not have 
a significant impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreement Act (TAA) of 1979 prohibits Federal agencies 
from engaging in any standards or related activities that create 
unnecessary obstacles to the foreign commerce of the United States. 
Legitimate domestic objectives, such as safety, are not considered 
unnecessary obstacles. The TAA also requires consideration of 
international standards and where appropriate, that they be the basis 
for U.S. standards. In addition, consistent with the Administration's 
belief in the general superiority and desirability of free trade, it is 
the policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    In accordance with the above Act and policy, the FAA has assessed 
the potential effect of this final rule and has determined that it will 
have only a domestic impact and therefore no effect on any trade-
sensitive activity.

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]

    1. The authority cite 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]

    1. 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, section 9 of SFAR 50-2 is revised.

Special Federal Aviation Regulations

    SFAR No. 50-2--Special Flight Rules in the Vicinity of the Grand 
Canyon National Park, AZ.
* * * * *
    Section 9. Termination date. Section 1. Applicability, Section 4, 
Flight-free zones, and Section 5. Minimum flight altitudes, expire on 
April 19, 2001.

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

    3. The authority citation for part 93 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.

    4. Sections 93.305 and 93.307 were 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); made effective December 1, 2000 in a 
rule published on April 4, 2000 (65 FR 17736), delayed until December 
28, 2000 (65 FR 69846, November 20, 2000), and delayed until April 1, 
2001 at 66 FR 1005 (January 4, 2001). Section 93.305(c) and (d) and 
93.307 are further delayed until April 19, 2001, and Sec. 93.305 (a) 
and (b) are further delayed until December 1, 2001.

    5. The amendments to Secs. 93.301, 93.305, 93.307 and 93.309 
published on April 4, 2000 (65 FR 17736), delayed until December 28, 
2000 (65 FR 69846, November 20, 2000), were further delayed until April 
1, 2001 (66 FR 1005, January 4, 2001). The amendments to Secs. 93.301, 
93.305 (c) and (d), 93.307 and 93.309 are further delayed until April 
19, 2001, and the amendments to Sec. 93.305 (a) and (b) are delayed 
until December 1, 2001.

    Issued in Washington, DC on March 21, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-7410 Filed 3-21-01; 4:57 pm]
BILLING CODE 4910-18-M