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. In addition, the

final rule reinstated and removed certain portions of Special Federal

Aviation Regulation (SFAR) No. 50-2, Special Flight Rules in the

Vicinity of Grand Canyon National Park, AZ. The final rule contained an

error, in that it inadvertently removed section 3 of SFAR No. 50-2.

Section 3 provides certain restrictions, such as altitude requirements,

for non-commercial sightseeing operations in the Special Flight Rules

Area (SFAR) of the Grand Canyon National Park. This action corrects the

error by reinstating section 3.

EFFECTIVE DATE: April 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Reginald C. Matthews, Manager, Airspace and Rules Division, ATA-400,

Office of Air Traffic Management, Federal Aviation Administration, 800

Independence Avenue, SW., Washington, DC 20591; Telephone: (202) 267-

8783.

SUPPLEMENTARY INFORMATION: 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.

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 Secs. 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 of the airspace portions of the final rule, was delayed

to allow the FAA and the Department of Interior (DOI) to further

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 December 11, 1997, the FAA subsequently delayed

implementation of the airspace portions of the final rule until January

31, 1999, and correspondingly extended certain provisions of SFAR No.

50-2 (62 FR 66248; December 17, 1997).

Recently, it was discovered that the final rule issued on February

26, 1997, removed SFAR No. 50-2, section 3, Aircraft operations:

general. Section 3 sets forth the requirements for non-commercial

sightseeing aircraft operating in the SFRA. This was an inadvertent

error on the part of the FAA since the February 26, 1997, final rule

was intended, as stated in the preamble, to delay the effective date

for certain portions of the final rule for implementation of the

airspace portions that address commercial sightseeing aircraft only.

This correcting amendment reinstates section 3 to SFAR No. 50-2.

Because this final rule only corrects an inadvertent error, the FAA

finds that notice and comment are unnecessary.

The FAA has determined that this action 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 will not have a significant economic impact on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects

14 CFR Part 91

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

control.

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.

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.

SFAR No. 50-2 [Amended]

4. Amend parts 91, 121, and 135, Special Federal Aviation

Regulation No. 50-2, to reinstate Section 3 to read as follows:

SFAR No. 50-2--SPEICAL FLIGHT RULES IN THE VICINITY OF THE GRAND CANYON

NATIONAL PARK, AZ

* * * * *

Section 3. Aircraft operations: general. Except in an emergency,

no person may operate an aircraft in the Special Flight Rules, Area

under VFR on or after September 22, 1988, or under IFR on or after

April 6, 1989, unless the operation--

(a) Is conducted in accordance with the following procedures:

Note: THE FOLLOWING PROCEDURES DO NOT RELIEVE THE PILOT FROM

SEE-AND-AVOID RESPONSIBILITY OR COMPLIANCE WITH FAR 91.119.

(1) Unless necessary to maintain a safe distance from other

aircraft or terrain--

[[Page 23605]]

(i) Remain clear of the areas described in Section 4; and

(ii) Remain at or above the following altitudes in each sector

of the canyon:

Eastern section from Lees Ferry to North Canyon and North Canyon

to Boundary Ridge: as prescribed in Section 5.

Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet

MSL.

Western section from Diamond Creek to the Grant Wash Cliffs:

8,000 feet MSL.

(2) Proceed through the four flight corridors describe in

Section 4 at the following altitudes unless otherwise authorized in

writing by the Flight Standards District Office:

Northbound

11,500 or

13,500 feet MSL

Southbound

10,500 or

12,500 feet MSL

(b) Is authorized in writing by the Flight Standards District

Office and is conducted in compliance with the conditions contained

in that authorization. Normally authorization will be granted for

operation in the areas described in Section 4 or below the altitudes

listed in Section 5 only for operations of aircraft necessary for

law enforcement, firefighting, emergency medical treatment/

evacuation of persons in the vicinity of the Park; for support of

Park maintenance or activities; or for aerial access to and

maintenance of other property located within the Special Flight

Rules Area. Authorization may be issued on a continuing basis.

(c)(1) Prior to November 1, 1988, is conducted in accordance

with a specific authorization to operate in that airspace

incorporated in the operator's part 135 operations specifications in

accordance with the provisions of SFAR 50-1, notwithstanding the

provisions of Sections 4 and 5; and

(2) On or after November 1, 1988, is conducted in accordance

with a specific authorization to operate in that airspace

incorporated in the operated in the operator's operations

specifications and approved by the Flight Standards District Office

in accordance with the provisions of SFAR 50-2.

(d) Is a search and rescue mission directed by the U.S. Air

Force Rescue Coordination Center.

(e) Is conducted within 3 nautical miles of Whitmore Airstrip,

Pearce Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip,

or Marble Canyon Airstrip at an altitudes less than 3,000 feet above

airport elevation, for the purpose of landing at or taking off from

that facility. Or

(f) Is conducted under an IFR clearance and the pilot is acting

in accordance with ATC instructions. An IFR flight plan may not be

filed on a route or at an altitude that would require operation in

an area described in Section 4.

* * * * *

Issued in Washington, DC, on April 23, 1998.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

[FR Doc. 98-11335 Filed 4-24-98; 12:20 pm]

BILLING CODE 4910-13-M