[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9439-9441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1759]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2001-8690]
RIN 2120-AI71


Delayed Implementation of the Airspace Modification Final Rule 
for the Grand Canyon National Park Special Flight Rule Area and Flight 
Free Zones

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action stays the effective date for the implementation of 
the Airspace Modification final rule for the east end of the Grand 
Canyon National Park (GCNP) until February 20, 2011. In a case decided 
in August 2002, the U.S. Court of Appeals for the District of Columbia 
Circuit returned the GCNP rules to the FAA for further consideration of 
ways to ensure the substantial restoration of natural quiet. After 
several attempts in resolving the routes issue in the east end, in 
February 2003, the FAA stayed the east end routes and airspace changes 
until February 20, 2006. Because of an ongoing mediation action, which 
involves consideration of the routes in the east end of the GCNP, the 
FAA finds it necessary to extend the date for the effectiveness of the 
Airspace Modification rule for the east end until February 20, 2011.

DATES: The effective date of sections (a) and (b) of 14 CFR 93.305, 
stayed until February 20, 2006 (68 FR 9496, February 27, 2003), is 
further stayed until February 20, 2011. This rule was originally 
published at 61 FR 69330 on December 31, 1996, and amended April 4, 
2000.

ADDRESSES: You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Gene Kirkendall, Flight Standards 
Service (AFS-200), Federal Aviation Administration, 800 Independence 
Ave., SW., Washington, DC 20591; Telephone: (202) 267-7701.

SUPPLEMENTARY INFORMATION:

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. If you are a small entity and you have a 
question regarding this document, you may contact your local FAA 
official, or the person listed under FOR FURTHER INFORMATION CONTACT. 
You can find out more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.cfm.

Background

    On April 4, 2000, the FAA 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 and 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 (USATA) and seven air tour operators petitioned the 
United States Court of Appeals for the District of Columbia Circuit to 
review the rules. See USATA v. FAA (Docket No. 00-1201, May 8, 2000). 
During the course of this litigation, the USATA raised new safety 
concerns regarding the new routes in the east end of the GCNP SFRA. To 
propose a route that would meet the goal of noise reduction while 
providing a safe air tour route, the FAA first delayed implementation 
of the routes until December 28, 2000 (November 20, 2000; 65 FR 69848). 
Subsequently, the FAA delayed the implementation of the routes until 
April 1, 2001. (66 FR 2001, January 4, 2001).
    Finally, 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. Also, on April 19, 2001, the SFRA boundary in the eastern 
part of the GCNP SFRA over the Navajo Nation lands was extended 5 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. In December 2001, 
the east end route structure was again stayed until February 20, 2003 
(66 FR 63293, December 5, 2001), and in February 2003 the route 
structure was again stayed until February 20, 2006. Thus, the routes 
now flown remain almost exactly as that shown under Special Federal 
Aviation Regulation (SFAR) 50-2, with only slight modification to 
certain entry and exit points.
    On August 20, 2002, the U.S. Court of Appeals for the District of 
Columbia Circuit concluded that the FAA's use of an ``average annual 
day'' in lieu of ``any given day,'' in measuring substantial 
restoration of natural quiet at GCNP ``appears inconsistent with both 
the [National] Park Service's definition of the term and the premise on 
which that definition was based.'' See USATA v. FAA, 298 F.3d 997, 
August 16, 2002 (DC Circuit, 2002). The court also

[[Page 9440]]

determined that the FAA's explanation for excluding non-tour aircraft 
in its noise modeling was inadequate and that the FAA had not provided 
sufficient evidence to conclude that noise from non-tour aircraft did 
not impact the calculations of substantial restoration of natural quiet 
achieved in GCNP. The court remanded the matter to the FAA for further 
proceedings consistent with its opinion.
    The FAA and NPS now have established a dispute resolution process 
with the U.S. Institute for Environmental Conflict Resolution and are 
involving stakeholders of the GCNP to develop measures to fulfill the 
National Park Overflights Act. This process is not complete, and we 
believe it could take some time to resolve all of the issues and 
complete the necessary environmental review and an additional 
rulemaking process. Thus it is necessary to again extend the effective 
date of the April 2000 final rule airspace modifications as they apply 
to the east end of the GCNP. That date now is extended until February 
20, 2011.
    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 
rule to become final upon issuance. 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. This 
phased approach involved implementation of the agency's ``preferred'' 
alternative for airspace and air tour route structures 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 occurred, the impact evaluation for the ``preferred'' alternative 
contained in the FSEA remained valid for the stage-one airspace and 
routes implementation at the west-end of the GCNP SFRA. The WR also 
analyzed 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 lessens the percentage of the GCNP substantially restored to 
natural quiet, it is 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 under to FAA Order 1050.1E, 
Paragraph 515, 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. The FAA does not consider that this rulemaking effort 
imposes any costs on the public since it merely extends the stay of 
effective date for the east end of GCNP. Commercial air tour operators 
will continue to use established air tour routes. Benefits from reduced 
aircraft noise in the east-end of GCNP, however, will be delayed. This 
rulemaking is not 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 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. Thus, under 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 standards or related activities that create 
unnecessary obstacles to the foreign commerce of the United States. 
Legitimate domestic objectives, such as safety, are not

[[Page 9441]]

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. The FAA has assessed 
the potential effect of this final rule under the above Act and policy, 
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

    The Unfunded Mandate Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector. Such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II of the Act, therefore, do not apply.

List of Subjects in 14 CFR Part 93

    Air traffic control, Airports, Navigation (air).

Adoption of Amendments

0
Accordingly, the Federal Aviation Administration (FAA) amends 14 CFR 
part 93 as follows:

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

0
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.

0
2. Paragraphs (a) and (b) of section 93.305, published on December 31, 
1996 (61 FR 69330), then delayed on April 4, 2000 (65 FR 17736), and 
most recently stayed until February 20, 2006 (68 FR 9496, February 27, 
2003), are further stayed until February 20, 2011.

    Issued in Washington, DC on February 17, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-1759 Filed 2-21-06; 4:13 pm]
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