[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Rules and Regulations]
[Pages 63294-63296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30012]



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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 93



Modifications of the Dimensions of the Grand Canyon National Park Rules 
Areas and Free Flight Zone; Final Rule

  Federal Register / Vol. 66, No. 234 / Wednesday, December 5, 2001 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

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


Modifications 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 
commercial air tour operations over Grand Canyon National Park (GCNP). 
The first rule, Commercial Air Tour Limitation in Grand Canyon National 
Park Special Flight Rules Area, limited the number of commercial air 
tour operations that may be flown in the GCNP Special Flight Rules Area 
(SFRA) on an annual basis. This rule became effective on May 4, 2000. 
The second rule, Modifications of the Dimensions of the Grand Canyon 
National Park Special Flight Rules Area and Flight Free Zones, modified 
the airspace in the SFRA to accommodate a new route system for 
commercial air tour operations and to expand the amount of airspace 
overall protected by flight free zones. This rule initially was 
scheduled to become effective December 1, 2000. After several delays, 
the new routes and airspace were adopted for the west end of the GCNP 
SFRA on April 19, 2001. The routes and airspace on the east end of the 
GCNP SFRA were stayed several times after adoption of the final rule. 
The east and routes and airspace are scheduled to be implemented 
December 1, 2001. This rule extends the implementation of the Airspace 
Modification Final Rule until February 20, 2003.

DATES: The effective date of 14 CFR 93.305(a) and (b), delayed until 
December 1, 2001 (66 FR 16582, March 26, 2001), is further delayed 
until February 20, 2003. This rule was originally published at 61 FR 
69330 on December 31, 1996, April 4, 2000 (65 FR 17736).
    The amendments to 14 CFR 93.305(a) and (b) originally published 
April 4, 2000 (65 FR 17736) and most recently delayed until December 1, 
2001 (66 FR 16582, March 26, 2001) are further delayed until February 
20, 2003.

ADDRESSES: You may view a copy of this 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-01-9218. You may also review the public 
dockets on this regulation in person in the Docket Office between 9:00 
a.m. and 5:00 p.m., Monday through Friday, except Friday 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 this final rule.
    You may also request a paper copy of this final rule 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 Hesbitt, 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:

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA t comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBRFA on the Internet at our site, http://www.gov/avr/arm/sbrefa.htm. For more information on SBREFA, e-mail us [email protected].

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 (Airspace 
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 May 4, 2000. The Airspace 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.
    Following the publication of the final rules, the United States Air 
Tour Association and seven air tour operators petitioned the United 
States District Court of Appeals for the District of Columbia to review 
the rules. See USATA v. FAA, et al. (Docket No. 001201). During the 
course of litigation, the USATA raised new safety concerns regarding 
the new routes in the east end of the GCNP SFRA. AS a result, the FAA 
first delayed implementation of the routes until December 28, 2000 
(November 20, 2000; 65 FR 69848) so that it could evaluate the new 
issues. During this evaluation, the FAA determined that modifications 
could be made to the routes to enhance safety. On December 13, 2000, 
the FAA published a second Notice of Availability seeking comment on 
proposed changes to routes in the east-end of the GCNP SFRA (65 FR 
78071). Subsequently, the FAA delayed the implementation of the routes 
until April 1, 2001. (66 FR 2001, January 4, 2001).
    During the comment period for the second Notice of Availability, 
additional safety concerns were raised regarding the proposed revisions 
to the east end routes. Consequently, the FAA decided to implement the 
modifications to the route structure of the GCNP SFRA in two phases. 
First, on April 19, 2001, the FAA implemented the routes and airspace 
in the west-end (defined as all areas of the SFRA west of the Dragon 
corridor) of the GCNP SFRA that originally were published on April 4, 
2000. Also, on April 19, 2001, the SFRA boundary in the eastern part of 
the GCNP SFRA over the Navajo Nation lands was extended five miles to 
the east. Second, the route structure on the east-end (Dragon Corridor 
and all airspace east of that Corridor) in the GCNP SFRA was stayed 
until December 1, 2001 to enable the FAA and NPS to determine what 
changes should be made in the east end of GCNP. Accordingly, the routes 
now flown remain almost exactly as that shown under Special Federal 
Aviation Regulation (SFAR) 50-2, with only

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slight modification to certain entry and exit points.
    The FAA is working on proposed changes to the route structure and 
airspace modification in the east end of GCNP. This process involves 
printing maps depicting those changes, performing an environmental 
assessment of the proposed routes, publishing a proposal and notice of 
availability of the map in the Federal Register, and reviewing comments 
on the proposed changes. Because this process is not complete, it is 
necessary to gain extend the effective date of the April 2000 final 
rule airspace modifications. That date now is extended until February 
20, 2003. Part of this delay results from the increased workload since 
the events of September 11, 2001. Additionally, the FAA has determined 
that any new routes should be implemented in the winter when tour 
activity is limited and operators are conducting new pilot training. 
Given all of these constraints, the FAA has found that it is necessary 
to delay the implementation of the east end airspace until February 20, 
2003. In the meantime, the FAA and NPS will continue to move forward on 
a revised east end route structure.
    The FAA notes that the changes to the routes and airspace in the 
West end of GCNP finalized in the April 2000 rule have been in effect 
since April 19, 2001. Those changes were implemented to further the 
goal of substantial restoration of natural quiet in GCNP.

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 
propose and receive comments on new air tour routes in the east end of 
GCNP requiring the modification of the airspace in GCNP. Therefore, the 
FAA has determined that to address the safety concerns of operators, it 
is necessary to further delay the implementation date of the airspace 
changes codified in April 2000. The FAA notes that the delay only 
affects the east end of the GCNP SFRA; changes to the west end have 
been in effect since April 19, 2001.

Environmental Review

    In March 2001, the FAA 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 examined the potential environmental impacts associated 
with a phased implementation of the Airspace rule and the Commercial 
Air Tour Route Modifications described in the February 2000 FSEA. The 
phased approach involved implementation of the ``preferred'' 
alternative airspace and air tour route structure as described in the 
February 2000 FSEA for the GCNP SFRA west of Dragon Corridor. Since no 
changes to the western portion of the GCNP SFRA as described in the 
FSEA remained 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 determined that they were not 
significant changes from the plans analyzed under the ``no action'' 
alternative in the February 2000 FSEA. Therefore, the FAA determined 
that the proposed route revisions to the SFAR 50-2 route structure 
conformed to the ``no action'' alternative analyzed in the FSEA. The 
FAA determined that the data and analyses contained in the February 
2000 FSEA were still substantially valid and all pertinent conditions 
and requirements of the prior approval have or would be met in the 
April 2001 action.
    While the delayed implementation of the east-end route and airspace 
structure lessened the percentage of the GCNP substantially restored to 
natural quiet, it was only a temporary delay. In addition, given that 
the majority of the revised routes and airspace for GCNP were 
implemented during phase one, the phased implementation process 
resulted in a gain of substantial restoration of natural quiet for GCNP 
as described in the February 2000 FSEA.
    Therefore for the above reasons and pursuant to FAA Order 1050.1D, 
Paragraph 92, the FAA determined that the contents of the final 
Supplemental Environmental Assessment and its conclusions issued on 
February 22, 2000 were still valid. Additionally, the FAA found that 
the previous Section 106 Determination of No Adverse Effect to 
Traditional Cultural Properties identified by Native Americans issued 
for the FSEA was also still valid. Copies of the written reevaluation 
were placed in the public docket for the April 2001 rulemaking, were 
circulated to interested parties, and were available for inspection at 
the same time and location as the April 2001 final rule. The findings 
of the March 2001 WR remain valid for this final rule extending the 
April 2001 Airspace Rule.

Economic Analysis

    The economic analysis completed for the final rule published April 
4, 2000 evaluates the east-end and the west-end operations separately 
since these are distinct markets. This action does not affect the April 
19, 2001 implementation of 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 further the implementation of the east-
end routes; however, 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 statutues, 
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 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. Accordingly, pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation Administration 
certifies that this final 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 standard or related activities that create 
unnecessary obstacles to the foreign commerce of the

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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 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 the 
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 in 14 CFR Part 93

    Air traffic control, Airports, Navigation (Air).

Adoption of Amendments

    Accordingly, the Federal Aviation Administration (FAA) amends 14 
CFR part 93 as follows:

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

    1. 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.


Sec. 93.305  [Amended]

    2. Section 93.305 (a) and (b) published on December 31, 1996 (61 FR 
69330), and most recently delayed until December 1, 2001 (see 66 FR 
16582, March 26, 2001) are further delayed until February 20, 2003.

    3. The amendments to Section 93.305 published on April 4, 2000 (65 
FR 17736), and most recently delayed until December 1, 2001 (see 66 FR 
16582, March 26, 2001) are further delayed until February 20, 2003.

    Issued in Washington, DC on November 29, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-30012 Filed 11-30-01; 3:34 pm]
BILLING CODE 4910-13-M