[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Proposed Rules]
[Pages 56740-56744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22267]



[[Page 56739]]

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Part V





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91 and 93



Special Air Traffic Rules; Flight Restrictions in the Vicinity of 
Niagara Falls; Proposed Rule

  Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / 
Proposed Rules  

[[Page 56740]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 93

[Docket No. FAA200213235; Notice. No. 0213]

RIN 2120AH57


Special Air Traffic Rules; Flight Restrictions in the Vicinity of 
Niagara Falls

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to codify current flight restrictions for 
aircraft operating in U.S. airspace in the vicinity of Niagara Falls, 
NY. The FAA is proposing this action to complement flight management 
procedures established for Niagara Falls by the Canadian government. 
The intended effect of this action is to prevent unsafe congestion of 
aircraft in this popular sightseeing area. The FAA is also proposing a 
number of editorial changes to parts 91 and 93 of Title 14 of the Code 
of Federal Regulations.

DATES: Send your comments to reach us on or before October 21, 2002.

ADDRESSES: Mail your comments to Docket Management System, U.S. 
Department of Transportation, Room 401 Plaza level, 400 Seventh Street, 
SW., Washington, DC 20590; or send your comments through the Internet 
to http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Terry Brown or Jan Glivings, Airspace 
and Rules Division, ATA400, Office of Air Traffic Airspace Management, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 2678783.

SUPPLEMENTARY INFORMATION:

Your Comments Are Welcome

    We invite your comments on this notice of proposed rulemaking 
(NPRM). The most useful comments are those that are specific, related 
to issues raised by the NPRM, and that explain the reason for any 
recommended change. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the NPRM 
that might suggest a need to modify it. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action is needed.
    To ensure consideration, you must identify the Rules Docket number 
in your comments, and you must submit comments to one of the addresses 
specified under the ADDRESSES section of this preamble. We will 
consider all communications received on or before the closing date for 
comments, and we may amend or withdraw this NPRM in light of the 
comments received. All comments submitted will be available, both 
before and after the closing date for comments, in the Rules Docket for 
examination by interested persons. We will file in the Rules Docket a 
report that summarizes each public contact related to the substance of 
this proposed rule.
    You may review the public docket containing comments on this NPRM 
in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays. The Dockets Office is on the 
plaza level of the Nassif Building at the Department of Transportation 
at the address specified in the ADDRESSES section. Also, you may review 
the public docket on the Internet at http://dms.dot.gov.
    If you want us to acknowledge receipt of your comments submitted in 
response to this proposed rule, you must include with your comments a 
self-addressed, stamped postcard on which you identify the Rules Docket 
number of this rulemaking. We will date stamp the postcard and return 
it to you.

Availability of Rulemaking Documents

    You can get an electronic copy of this NPRM using the Internet 
through FAA's Web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or 
through the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can get a paper copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 2679680. Make 
sure to identify the docket number of this rulemaking.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity. If your organization is a small entity and you have a 
question, contact your local FAA official. If you don't know how to 
contact your local FAA official, you may contact the FAA Office of 
Rulemaking, ARM27, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591, telephone (888) 5511594. Internet 
users can find additional information on SBREFA in the FAA's Web page 
at http://www.faa.gov/avr/arm/sbrefa.html. You may send inquiries to 
the following Internet address: [email protected].

Background

Canadian Flight Restrictions

    On September 29, 1992, three people lost their lives when two 
sightseeing helicopters collided over Niagara Falls. In response to 
this accident and to ensure safety, Transport Canada established a 
restricted airspace area in Canada within a 2-nautical-mile radius of 
Niagara Falls. The designated area excludes U.S. airspace. The 
restricted airspace area was established on October 29, 1992, and is 
designated CYR518.
    In part, the Canadian action restricts aircraft operations within a 
specified area from the surface up to, but not including, 3,500 feet 
mean sea level (MSL), except for medical and police operations and 
those operations specifically authorized by the Regional Director for 
Air Carrier Operations, Ontario Region, Transport Canada.
    Pilots may conduct passenger sightseeing flights in CYR518 if they 
meet certain operating requirements. These requirements include 
operating on an approved Scenic Falls Route, maintaining a listening 
watch on a published radio frequency, transmitting certain information 
at specified points on the route, operating at speeds within a 
specified range, and maintaining specified horizontal spacing between 
aircraft when on the route. This is a partial list of the operational 
requirements for CYR518. Readers who are interested in more details 
should refer to CYR518, a copy of which we have placed in the docket 
for this rulemaking.

U.S. Temporary Flight Restriction

    The FAA Administrator has broad authority under section 40103 of 
Title 49 of the United States Code (49 U.S.C. 40103) to regulate, 
control, develop plans for, and formulate policy with respect to, the 
use of navigable airspace. Additionally, the Administrator has the 
authority to assign by rule, regulation, or order, the use of the 
United States navigable airspace under such terms, conditions, and 
limitations as deemed necessary to ensure the safety of aircraft

[[Page 56741]]

and the efficient use of the navigable airspace.
    To complement the Canadian action described above, the FAA issued a 
temporary flight restriction (TFR) in September 1992 for aircraft 
operations in U.S. airspace adjacent to Niagara Falls pursuant to 
section 91.137 of Title 14 of the Code of Federal Regulations (14 CFR 
91.137). As published in the Airport/Facility Directory, Northeast U.S. 
Edition, Detroit Sectional Aeronautical Chart, visual flight rules 
(VFR) aircraft operating in the vicinity of Niagara Falls must adhere 
to the following flight restrictions:

    Pursuant to FAR 91.137(a)(3) temporary flight restrictions are 
in effect below 3,500 feet MSL in the airspace above Niagara Falls 
west of a line from the whirlpool rapids bridge (BUF309/21) to the 
Niagara Splash Amusement Park (BUF306/20) to the International 
Control Dam (BUF304/20) to the United States Canadian Border to 
prevent an unsafe congestion of sightseeing and other aircraft. No 
flight is authorized in the described area below 3,500 feet MSL 
except for aircraft operations conducted directly to or from an 
airport/heliport within the area, aircraft operating on an ATC-
approved IFR flight plan, aircraft operating the Scenic Falls Route 
pursuant to approval of Transport Canada, aircraft carrying law 
enforcement officials, or aircraft carrying properly accredited news 
representatives for which a flight plan has been filed with Buffalo 
NY (BUF) AFSS phone 7166313756/5567, the FAA coordination facility. 
Pilots are advised to check with Transport Canada for flight 
restrictions in Canadian airspace. Commercial air tour operations 
approved by Transport Canada will be conducting a north/south orbit 
of the falls area below 3,500 feet MSL over the Niagara River.
    Pursuant to the above flight restrictions, the minimum altitude 
for VFR flight over the Scenic Falls area is 3,500 feet MSL. The FAA 
and Transport Canada recommend pilots comply with the following 
procedures when conducting flight over that area:
    1. Fly a clockwise pattern as depicted in the accompanying 
graphic display;
    2. Do not proceed north of the Rainbow Bridge;
    3. Prior to joining the pattern, broadcast flight intentions on 
frequency 122.05 MHZ; giving altitude and position, and monitor the 
frequency while in the pattern;
    4. Use the Niagara Falls (IAG) altimeter setting--ATIS frequency 
120.8 MHZ--or contact IAG tower 118.5;
    5. Do not exceed 130 knots;
    6. Anticipate heavy congestion of VFR traffic at or above 3,500 
feet MSL; and
    7. Use caution to avoid high-speed civil and military aircraft 
transiting the area to/from Niagara Falls Airport.
    This procedure does not relieve pilots from the requirements of 
FAR 91.113 to see and avoid other aircraft.

The 1993 Public Meeting

    On February 10, 1993, the FAA published a notice of public meeting, 
in the Federal Register (58 FR 7950), soliciting public comments for 
determining the most appropriate special flight rules in U.S. airspace 
in the vicinity of Niagara Falls. The public meeting was held on March 
9, 1993, at Niagara Falls City Hall, Niagara Falls, NY. Reconsideration 
or possible modification of the Canadian airspace flight restriction 
was not discussed at this meeting. As a result of the public meeting, 
the FAA received approximately 28 comments. The Federal Register notice 
cited above stated that the FAA would consider all comments received as 
a result of the public meeting before issuing an NPRM. While we 
carefully reviewed and considered the public comments, we were not able 
to prepare an NPRM in a timely manner due to changing priorities and a 
lack of resources to devote to the task. At this time, we believe it 
would not be prudent now to develop an NPRM based on eight-year-old 
comments. For this reason, we are issuing for public comment an NPRM 
that would, if adopted, codify the existing temporary flight 
restriction. We are particularly interested in receiving comments on 
how well the existing flight restrictions are working.

Discussion of the Proposal

Subpart E--Flight Restrictions in the Vicinity of Niagara Falls, NY

Section 93.71 General Operating Procedures
    The FAA proposes to add a new subpart E to 14 CFR part 93 
(consisting of Sec.  93.71) that would codify the current temporary 
flight restrictions in the vicinity of Niagara Falls. This proposed 
action would complement and support flight management procedures 
established by Transport Canada for Canadian airspace in the vicinity 
of Niagara Falls. Proposed Sec.  93.71(a) would establish flight 
restrictions below 3,500 feet MSL in the airspace above Niagara Falls 
west of a line from latitude 43[deg]06'33'' N., longitude 
79[deg]03'30'' W. (the Whirlpool Rapids Bridge) to latitude 
43[deg]04'47'' N., longitude 79[deg]02'44'' W. (the Niagara River 
Inlet) to latitude 43[deg]04'29' N., longitude 79[deg]03'30'' W. (the 
International Control Dam) to the United States Canadian Border to 
prevent unsafe congestion of sightseeing and other aircraft.
    Proposed Sec.  93.71(b) would prohibit flight in the area described 
in proposed paragraph (a) except for aircraft operations conducted 
directly to or from an airport/heliport within the area, aircraft 
operating on an ATC-approved IFR flight plan, aircraft operating the 
Scenic Falls Route pursuant to approval of Transport Canada, aircraft 
carrying law enforcement officials, or aircraft carrying properly 
accredited news representatives for which a flight plan has been filed 
with Buffalo NY (BUF) Automated Flight Service Station (AFSS).
    Proposed Sec.  93.71(c) would require pilots to check with 
Transport Canada for flight restrictions in Canadian airspace. It would 
also advise pilots that commercial air tour operations approved by 
Transport Canada are conducting a north/south orbit of the Niagara 
Falls area below 3,500 feet MSL over the Niagara River.
    Proposed Sec.  93.71(d) would establish the minimum altitude for 
VFR flight over the scenic falls area as 3,500 feet MSL.
    Proposed Sec.  93.71(e) would require that pilots comply with the 
following procedures when conducting flight over the area described in 
proposed Sec.  93.71(a):
    (1) Fly a clockwise pattern;
    (2) Do not proceed north of the Rainbow Bridge;
    (3) Prior to joining the pattern, broadcast flight intentions on 
frequency 122.05 Mhz, giving altitude and position, and monitor the 
frequency while in the pattern;
    (4) Use the Niagara Falls airport altimeter setting. Contact 
Niagara Falls Airport Traffic Control Tower to obtain the current 
altimeter setting, to facilitate the exchange of traffic advisories/
restrictions, and to reduce the risk of midair collisions between 
aircraft operating in the vicinity of the Falls. If the Control Tower 
is closed, pilots are to use the appropriate Automatic Terminal 
Information Service (ATIS) Frequency;
    (5) Do not exceed 130 knots;
    (6) Anticipate heavy congestion of VFR traffic at or above 3,500 
feet MSL; and
    (7) Use caution to avoid high-speed civil and military aircraft 
transiting the area to or from Niagara Falls Airport.
    Proposed Sec.  93.71(f) would be a reminder that these procedures 
do not relieve pilots from the requirements of Sec.  91.113 of this 
chapter to see and avoid other aircraft.
    Proposed Sec.  93.71(g) would advise pilots that flight following, 
to and from the area, is available through Buffalo Approach.

Editorial Changes to Parts 91 and 93

    The FAA is also proposing a number of editorial changes to 14 CFR 
parts 91 and 93. These changes include the following:
    [sbull] Change the title of part 93 from ``Special Air Traffic 
Rules and Airport

[[Page 56742]]

Traffic Patterns'' to ``Special Air Traffic Rules.'' The proposed title 
would better describe the intent of part 93 and the activities it 
addresses.
    [sbull] Change Sec.  93.1 to reflect the deletion of the term 
``airport traffic area'' and for the purposes of brevity and clarity. 
On December 17, 1991, the FAA published a final rule (56 FR 65638) that 
reclassified various airspace designations and deleted the term 
``airport traffic area.'' We intended these changes to apply to all 
similarly designated airspace areas. However, we have not proposed 
corresponding changes to part 93 until now.
    [sbull] Change Sec.  93.51 by deleting the phrase ``and traffic 
patterns'' to be consistent with the change to the title of part 93 
described above.
    [sbull] Divide existing Sec.  93.81, which contains the special air 
traffic rule for the Valparaiso, Florida, Terminal Area, into two 
sections, 93.80 and 93.81, with minor editorial changes to new Sec.  
93.80, Applicability.
    [sbull] Make a minor editorial change to Sec.  93.117, which 
describes the applicability of the special air traffic rule for the 
Lorain County (Ohio) Regional Airport.
    [sbull] Divide existing Sec.  93.151, which describes the 
applicability of the special air traffic rule for the Ketchikan 
(Alaska) International Airport, into two sections, 93.151 and 93.152, 
with minor editorial changes to Sec.  93.151.
    [sbull] Change the alphabetical listing in section 4 of Appendix D 
to part 91, change the title of subpart T, and change Sec. Sec.  93.251 
and 93.253 to reflect the renaming of Ronald Reagan Washington National 
Airport.
    We do not intend these editorial changes to change the substance of 
parts 91 or 93.

Procedural Matters

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that conflict with this NPRM.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 
3507(d), the FAA has determined that there are no new requirements for 
information collection associated with this NPRM.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866, Regulatory Planning 
and Review, directs that each Federal agency propose or adopt a 
regulation only upon a reasoned determination that the benefits of the 
intended regulation justify its costs. Second, the Regulatory 
Flexibility Act of 1980 requires agencies to analyze the economic 
impact of regulatory changes on small businesses and other small 
entities. Third, the Trade Agreements Act (19 U.S.C. 25312533) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. And fourth, the Unfunded Mandates Reform Act of 1995 
requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more, in any one year (adjusted for inflation).
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Would generate benefits and not impose any costs and 
is not a ``significant regulatory action'' as defined in Executive 
Order 12866, and is not significant as defined in the Department of 
Transportation's Regulatory Policies and Procedures; (2) would not have 
a significant impact on a substantial number of small entities; (3) 
would not constitute a barrier to international trade; and (4) would 
not contain any Federal intergovernmental or private sector mandate. 
These analyses are summarized here in the preamble, and the full 
Regulatory Evaluation is in the public docket for this rulemaking.
    This NPRM would codify the current TFR for those aircraft operating 
in U.S. airspace in the vicinity of Niagara Falls, NY. The FAA is 
proposing this action to complement flight management procedures 
established for the Falls by Transport Canada. Additionally, this 
action proposes a number of editorial changes to 14 CFR parts 91 and 
93.
    As a rule, the FAA does a benefit-cost analysis when this agency 
makes a TFR permanent by rulemaking. However, this TFR has been in 
effect for almost eight years. This length of time makes it difficult 
to obtain data to estimate baseline costs before the imposition of the 
TFR. The FAA does not believe that the TFR imposed significant costs on 
aircraft operating in U.S. airspace in the vicinity of Niagara Falls, 
NY, and the FAA does not believe this rulemaking would impose 
significant costs on those operators. As part of this rulemaking 
action, the FAA solicits public comments regarding the costs imposed by 
this rulemaking.
    Regarding benefits, the FAA is aware of the mid-air collision in 
the vicinity of Niagara Falls before the issuance of the TFR and before 
the flight management procedures established by Transport Canada. Since 
the issuance of the TFR and Canadian flight management procedures, 
there have been no mid-air collisions. The FAA believes that the flight 
management procedures established in the TFR and by Transport Canada 
are responsible for this improvement in aviation safety. The FAA is 
proposing to make the TFR permanent because we believe that there are 
positive aviation safety benefits from imposing these flight 
restrictions on aircraft operating in U.S. airspace in the vicinity of 
Niagara Falls. The FAA seeks public comments regarding these benefit 
findings.
    The FAA finds that the safety benefits accruing to this rulemaking 
justify the costs imposed. Therefore, the FAA finds this proposed rule 
to be cost-beneficial.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) 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, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act 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 Act.
    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

[[Page 56743]]

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.
    The FAA believes that this action imposes little costs on any small 
entities subject to this rule. Any costs of complying with the NPRM are 
already borne by those complying with the existing flight restrictions 
for the past eight years. Consequently, the FAA certifies that the 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. The FAA seeks public comments 
regarding this cost finding.

International Trade Impact Assessment

    The Trade Agreement Act 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 statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. The FAA has assessed the potential effect of this NPRM to be 
minimal and therefore has determined that this proposed rule will not 
result in an impact on international trade by companies doing business 
in or with the United States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 
enacted as Pub. L. 1044 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in a $100 million or more expenditure 
(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 UMRA, 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 UMRA 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 UMRA, 
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 must 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 NPRM does not contain any 
Federal intergovernmental or private sector mandates. Therefore, the 
requirements of Title II of UMRA do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this NPRM under the principles and criteria of 
Executive Order 13132, Federalism. We determined that this action will 
not have a substantial direct effect on the States, or the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, we determined that this proposed rule does not have 
federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j) this rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    We have assessed the energy impact of this NPRM in accord with the 
Energy Policy and Conservation Act (EPCA), Pub. L. 94163, as amended 
(42 U.S.C. 6362), and FAA Order 1053.1. We have determined that this 
NPRM is not a major regulatory action under the provisions of the EPCA.

List of Subjects

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, 
Noise control, Political candidates, Reporting and recordkeeping 
requirements, Yugoslavia.

14 CFR Part 93

    Aircraft flight, Airspace, Aviation safety, Air traffic control.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend parts 91 and 93 of Title 14 Code of 
Federal Regulations (14 CFR parts 91 and 93) 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), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 4650646507, 47122, 47508, 4752847531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

Appendix D to Part 91--[Amended]

    2. Amend section 4 of appendix D to part 91 by removing the words 
``Washington National Airport'' and adding in their place the words 
``Ronald Reagan Washington National Airport'' in the alphabetical list 
of cities and airports.

PART 93--SPECIAL AIR TRAFFIC RULES

    3. The authority citation for 14 CFR part 93 continues to read as 
follows:

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

    4. Revise the heading of part 93 to read as set forth above.
    5. Revise Sec.  93.1 to read as follows:


Sec.  93.1  Applicability.

    This part prescribes special air traffic rules for operating 
aircraft in certain areas described in this part, unless otherwise 
authorized by air traffic control.
    6. Revise Sec.  93.51 to read as follows:


Sec.  93.51  Applicability.

    This subpart prescribes special air traffic rules for aircraft 
operating in the Anchorage, Alaska, Terminal Area.
    7. Amend part 93 by adding Subpart E to read as follows:

Subpart E--Flight Restrictions in the Vicinity of Niagara Falls, 
New York


Sec.  93.71  General operating procedures.

    (a) Flight restrictions are in effect below 3,500 feet MSL in the 
airspace above Niagara Falls west of a line from latitude 
43[deg]06'33'' N., longitude 79[deg]03'30'' W. (the Whirlpool Rapids 
Bridge) to latitude 43[deg]04'47'' N., longitude 79[deg]02'44'' W. (the 
Niagara River Inlet) to latitude 43[deg]04'29'' N., longitude 
79[deg]03'30'' W. (the International Control Dam) to the United States 
Canadian Border.
    (b) No flight is authorized below 3,500 feet MSL in the area 
described in paragraph (a) of this section, except for aircraft 
operations conducted directly to

[[Page 56744]]

or from an airport/heliport within the area, aircraft operating on an 
ATC-approved IFR flight plan, aircraft operating the Scenic Falls Route 
pursuant to approval of Transport Canada, aircraft carrying law 
enforcement officials, or aircraft carrying properly accredited news 
representatives for which a flight plan has been filed with Buffalo NY 
(BUF) Automated Flight Service Station (AFSS).
    (c) Pilots shall check with Transport Canada for flight 
restrictions in Canadian airspace. Commercial air tour operations 
approved by Transport Canada will be conducting a north/south orbit of 
the Niagara Falls area below 3,500 feet MSL over the Niagara River.
    (d) Pursuant to the above flight restrictions, the minimum altitude 
for VFR flight over the Scenic Falls area is 3,500 feet MSL.
    (e) Pilots must comply with the following procedures when 
conducting flight over the area described in paragraph (a) of this 
section:
    (1) Fly a clockwise pattern;
    (2) Do not proceed north of the Rainbow Bridge;
    (3) Prior to joining the pattern, broadcast flight intentions on 
frequency 122.05 Mhz, giving altitude and position, and monitor the 
frequency while in the pattern;
    (4) Use the Niagara Falls airport altimeter setting. Contact 
Niagara Falls Airport Traffic Control Tower to obtain the current 
altimeter setting, to facilitate the exchange of traffic advisories/
restrictions, and to reduce the risk of midair collisions between 
aircraft operating in the vicinity of the Falls. If the Control Tower 
is closed, pilots are to use the appropriate Automatic Terminal 
Information Service (ATIS) Frequency;
    (5) Do not exceed 130 knots;
    (6) Anticipate heavy congestion of VFR traffic at or above 3,500 
feet MSL; and
    (7) Use caution to avoid high-speed civil and military aircraft 
transiting the area to or from Niagara Falls Airport.
    (f) These procedures do not relieve pilots from the requirements of 
Sec.  91.113 of this chapter to see and avoid other aircraft.
    (g) Flight following, to and from the area, is available through 
Buffalo Approach.
    8. Add new Sec.  93.80 to subpart F to read as follows:


Sec.  93.80  Applicability.

    This subpart prescribes special air traffic rules for aircraft 
operating in the Valparaiso, Florida, Terminal Area.


Sec.  93.81  [Amended]

    9. Amend Sec.  93.81 by removing paragraph (a); removing the 
paragraph designation of paragraph (b); and redesignating paragraphs 
(1), (2), (2)(i), (2)(ii), and (2)(iii) as (a), (b), (b)(1), (b)(2), 
and (b)(3) respectively.
    10. Revise Sec.  93.117 to read as follows:


Sec.  93.117  Applicability.

    This subpart prescribes a special air traffic rule for aircraft 
operating at the Lorain County Regional Airport, Lorain County, Ohio.
    11. Revise Sec.  93.151 to read as follows:


Sec.  93.151  Applicability.

    This subpart prescribes a special air traffic rule for aircraft 
conducting VFR operations in the vicinity of the Ketchikan 
International Airport or Ketchikan Harbor, Alaska.
    12. Add new Sec.  93.152 to read as follows:


Sec.  93.152  Description of area.

    Within that airspace below 3,000 feet MSL within the lateral 
boundary of the surface area of the Ketchikan Class E airspace 
regardless of whether that airspace is in effect.
    13. In the heading and text of subpart T, remove the words 
``Washington National Airport'' wherever they appear and add, in their 
place, the words ``Ronald Reagan Washington National Airport.''

    Issued in Washington, DC, on August 21, 2002.
Sabra W. Kaulia,
Program Director for Air Traffic Airspace Management.
[FR Doc. 02-22267 Filed 9302; 8:45 am]
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