Special Flight Rules in the Vicinity of Grand Canyon National Park

SUMMARY: On February 26, 1997, the FAA delayed the implementation of

certain provisions of the December 31, 1996 final rule, Special Flight

Rules in the Vicinity of Grand Canyon National Park. That final rule

codified the provisions of Special Federal Aviation Regulation (SFAR)

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

Park (GCNP); modified the dimensions of the GCNP Special Flight Rules

Area (SFRA); established new and modified existing flight-free zones;

established new and modified existing flight corridors; established

reporting requirements for commercial sightseeing companies operating

in the SFRA; prohibited commercial sightseeing operations in certain

areas during certain time periods; and limited the number of aircraft

that can be used for commercial sightseeing operations in the SFRA.

Specifically, the February 1997 action delayed the effective date for

the new and modified flight-free zones, SFRA modification, and

corridors portion of the final rule and reinstated portions of and

amended the expiration date of SFAR No. 50-2. However, that action did

not affect or delay the implementation of the curfew, aircraft

restrictions, reporting requirements or other portions of the rule.

This action further delays the effective date for the flight-free

zones, SFRA modification, and corridors portions of the December 31,

1996, final rule until January 31, 1999, and extends the expiration

date of SFAR 50-2 until 0900 UTC January 31, 1999. This action is

necessary to allow the FAA time to establish a route structure for the

GCNP.

DATES: The effective date of January 31, 1998, for 14 CFR Sections

93.301, 93.305, and 93.307, is delayed until 0901 UTC January 31, 1999.

Section 9 of SFAR No. 50-2 is amended effective January 16, 1998.

Comments must be received on or before January 16, 1998.

ADDRESSES: Comments should be mailed, in triplicate to: Federal

Aviation Administration, Office of the Chief Counsel, Attention: Rules

Docket (AGC-200), Docket No. 28537, 800 Independence Ave., SW.,

Washington, DC 20591. Comments may be sent electronically to the Rules

Docket by using the following Internet address [email protected].

Comments must be marked Docket No. 28537. Comments may be examined in

the Rules Docket in Room 915G on weekdays between 8:30 a.m. and 5:00

p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Reginald C. Matthews, Manager, Airspace and Rules Division, ATA-

400, Office of Air Traffic Airspace Management, Federal Aviation

Administration, 800 Independence Avenue, SW., Washington, DC 20591;

Telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

Although this action is a final rule, and was not preceded by

notice and public procedure, comments are invited on the rule. This

rule will become effective on the date specified in the DATES section.

Comments that provide the factual basis supporting the views and

suggestions presented are particularly helpful in evaluating the

effects of the rule, and in determining whether additional rulemaking

is required.

Background

On December 31, 1996, the FAA published three concurrent actions (a

final rule, a Notice of Proposed Rulemaking, and a Notice of

Availability of Proposed Commercial Air Tour Routes) in the Federal

Register (62 FR 69301) as part of an overall strategy to reduce further

the impact of aircraft noise on the GCNP environment and to assist the

National Park Service (NPS) in achieving its statutory mandate imposed

by Public Law 100-91. The final rule amended part 93 of the Federal

Aviation Regulations and added a new subpart to codify the provisions

of SFAR No. 50-2, modified the dimensions of the GCNP SFRA; established

new and modified existing flight-free zones; established new and

modified existing flight corridors; and established reporting

requirements for commercial sightseeing companies operating in the

Special Flight Rules Area. In addition, to provide further protection

for park resources, the final rule prohibited commercial sightseeing

operations in the Zuni and Dragon corridors during certain time

periods, and placed a temporary limit on the number of aircraft that

can be used for commercial sightseeing operations in the GCNP SFRA.

These provisions originally were to become effective on May 1, 1997.

Also published was an NPRM, Notice No. 96-15, proposing to

establish noise limitations for certain aircraft operating in the

vicinity of GCNP. Finally, a Notice of Availability of Proposed

Commercial Air Tour Routes for the GCNP was published. This Notice

requested comment on the proposed new or modified existing air tour

routes, which would complement the final rule affecting the Special

Flight Rules in the Vicinity of GCNP.

On February 21, 1997, the FAA issued a final rule that delayed the

implementation of certain sections of the final rule (62 FR 8862;

February 26, 1997). Specifically, this action delayed the

implementation date, until January 31, 1998, of those sections of the

rule that address the SFRA, flight-free zones, and flight corridors,

respectively sections 93.301, 93.305, and 93.307. In addition, certain

portions of SFAR No. 50-2 were reinstated and the expiration date was

extended. With the goal to produce the best air tour routes possible,

implementation was delayed to allow the FAA and the Department of

Interior (DOI) to consider comments and suggestions to improve the

proposed route structure. This latter action did not affect or delay

the implementation of the curfew, aircraft cap, or reporting

requirements of the rule.

On May 15, 1997, the FAA published an NPRM, Notice No. 97-6, and a

companion Notice of Availability of Proposed Routes that proposed two

quiet technology corridors in GCNP. The first corridor, through the

Bright Angel flight-free zone, would be used for quiet technology

aircraft only. The second corridor, through National Canyon, would be

for quiet technology aircraft for westbound traffic after December 21,

2001.

After certain provisions of the final rule become effective on May

1, the FAA discovered that it had significantly underestimated the

number of commercial air tour aircraft operating over the GCNP in 1995.

Based on this new information, the FAA reevaluated the economic and

environmental analyses completed for the final rule. While the benefits

of the final rule, as analyzed with the new information, are less than

originally predicted by the FAA, the rule continues to provide benefits

in comparison to withdrawing portions of the rule or the rule in its

entirety. Since the final rule is one step towards the substantial

restoration of natural quiet that will be augmented by further steps,

the changes in the

[[Page 66249]]

analyses are not of such magnitude as to affect the Agency's position

on the implementation of the final rule or the Federal government's

overall policy to address the effects of air tour operations in GCNP.

An explanation of the new information, along with the reevlaution of

the economic and environmental analyses, was published as a Notice of

Clarification on October 31, 1997 (62 FR 58898).

Also in the Notice of Clarification, the FAA announced that after

discussions with the DOI and NPS, the Agencies jointly agreed to delay

the final route selection for commercial air tour operations in the

GCNP until the fall of 1998. This delay would permit valuable time for

further review and discussions to take place with particular emphasis

on the proposed National Canyon corridor.

Notice and Comment

Development of the air tour routes is a critical step in the

completion of the airspace structure for GCNP and towards achieving

NPS's goal of substantially restoring the natural quiet in GCNP. The

air tour routes, flight-free zones and flight corridors must be

implemented at the same time in order to complete the airspace

structure and to provide for the transition to the new operating

environment in GCNP. If the FAA were to implement, as scheduled, the

airspace portions of the final rule, particularly the expansion of the

flight-free zones, without the corresponding new routes, certain air

tour routes currently in use would disappear on January 31, 1998. The

loss of these air tour routes would force the commercial air tour

traffic onto the remaining air tour routes, creating a potentially

unsafe operating situation in GCNP. Since the agencies have determined

to delay selection and finalization of the air tour routes, the FAA

finds that the airspace portions of the final rule, which were to be

effective on January 31, 1998, must also be further delayed. In order

for the commercial air tour operators conducting operations in GCNP to

be made aware of the delay of the implementation of the airspace

portions of the final rule and to avoid any confusion that could result

in an unsafe operating environment at GCNP, the FAA finds that there is

sufficient justification under 5 U.S.C. 553(b) to issue this rule

without notice and prior opportunity for comment.

The FAA maintains its past position that the training of pilots on

new routes during a peak tourist season could be unsafe. Peak season at

GCNP extends approximately from May through October. To eliminate the

potential for unsafe operations within the Park, the FAA has determined

that the training should take place in the Park when the volume of air

traffic traditionally decreases, i.e., after the summer tourist season.

The FAA expects that the new route structure will be completed by the

Fall of 1998. For the above reasons, the FAA is delaying implementation

of sections 93.301, 93.305, and 93.307 of the December 31, 1996, final

rule for a full season, until January 31, 1999, to give the operators

sufficient time to train their pilots adequately and safely after the

close of the busy summer season. Additionally, the FAA is amending the

expiration date for those portions of SFAR No. 50-2 reinstated in the

February 26, 1997, final rule until January 31, 1999.

While there is not sufficient time to allow prior notice and

comment concerning the FAA decision to delay the January 31, 1998,

effective date, comments are invited concerning any other aspect of

this rule, including the new implementation date of January 31, 1999.

Economic Evaluation

In issuing the final rule for Special Flight Rules in the Vicinity

of the GCNP, the FAA prepared a cost benefit analysis of the rule. A

copy of the regulatory evaluation is located in docket No. 28537. That

economic evaluation was later revised based on new information that

showed that the number of aircraft being operated in the GCNP was

greater than originally estimated. The reevaluation of the economic

data, including alternatives considered, was published in the Notice of

Clarification discussed earlier (62 FR 58898). In the notice, the FAA

concluded that the rule is still cost beneficial. This extension of the

effective date for the final rule will not affect that reevaluation,

although the delay in the implementation of the extended FFZs will be

cost relieving.

Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act of 1980, as amended,

the FAA completed a final regulatory flexibility analysis of the final

rule. This analysis was also reevaluated and revised findings were

published in the Notice of Clarification referenced above, as a

Supplemental Regulatory Flexibility Analysis. This extended delay of

the compliance date will not affect that supplemental analysis.

Federalism Implications

The amendment set forth herein will not have substantial direct

effects on the States, or the relationship between the national

Government and the State, 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 does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Conclusion

The FAA has determined that this regulation imposes no additional

burden on any person. Accordingly, it determines that this action: (1)

is not a significant action under Executive Order 12866; and, (2) is

not a significant action under Department of Transportation Regulatory

Policy and Procedures (44 FR 11034). In addition, the FAA certifies

that this action, delaying certain provisions of the final rule issued

on December 31, 1996, will not have a significant economic impact on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act. However, when ultimately implemented, the

final rule will have a significant impact on a substantial number of

small entities as described in the Notice of Clarification.

List of Subjects

14 CFR Part 91

Aircraft, Airmen, Air traffic control, Aviation safety, Noise

control.

14 CFR Part 93

Air traffic control, Airports, Navigation (Air).

14 CFR Part 121

Aircraft, Airmen, Aviation safety, Charter flights, Safety,

Transportation.

14 CFR Part 135

Air taxis, Aircraft, Airmen, Aviation safety.

Adoption of Amendments

Accordingly, the Federal Aviation Administration (FAA) amends 14

CFR parts 91, 93, 121, and 135 as follows:

PARTS 91, 121 AND 135--[AMENDED]

1. The authority citation for part 91 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.

2. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,

44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,

44912, 46105.

[[Page 66250]]

3. 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, 44715-44717, 44722.

4. In parts 91, 121, and 135, Special Federal Aviation Regulation

No. 50-2, Section 9 is revised to read as follows:

SFAR 50-2--Special Flight Rules in the Vicinity of the Grand Canyon

National Park, AZ

* * * * *

Section 9, Termination date. Sections 1. Applicability, Section

4, Flight-free zones, and Section 5. Minimum flight altitudes,

expire on 0900 UTC, January 31, 1999.

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

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

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

44514, 44701, 44719, 46301.

The effective date of May 1, 1997, for new Sections 93.301, 93.305,

and 93.307 published at 61 FR 69330 (December 31, 1996), corrected at

62 FR 2445 (January 16, 1997), and delayed at 62 FR 8862 (February 26,

1997) to be added to 14 CFR Part 93 is delayed until 0901 UTC, January

31, 1999.

Issued in Washington, DC, on December 11, 1997.

Jane F. Garvey,

Administrator.

[FR Doc. 97-32832 Filed 12-12-97; 11:16 am]

BILLING CODE 4910-13-M