Modification of the Dimensions of the Grand Canyon
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[Federal Register: November 20, 2000 (Volume 65, Number 224)]
[Rules and Regulations]
[Page 69845-69847]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no00-15]
[[Page 69845]]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 93
Modification of the Dimensions of the Grand Canyon National Park
Special Flight Rules Area and Flight Free Zones; Final Rule
Commercial Routes for the Grand Canyon National Park; Notice
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-1999-5926]
RIN 2120-AG74
Modification of the Dimensions of the Grand Canyon National Park
Special Flight Rules Area and Flight Free Zones
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Delay of effective date.
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SUMMARY: On April 4, 2000, the FAA published two final rules for Grand
Canyon National Park (GCNP). One rule limited the number of commercial
air tour operations in the GCNP Special Flight Rules Area (SFRA); the
other modified the airspace of the SFRA. The Commercial Air Tour
Limitations final rule was effective on May 4, 2000. The airspace
modifications were scheduled to become effective December 1, 2000. On
July 31, 2000, the United States Air Tour Association and seven air
tour operators in GCNP requested a stay of the compliance date for the
rules from the FAA. On October 11, 2000, the FAA published a denial of
the stay request. On October 25, 2000, the Air Tour Providers filed
with the D.C. Circuit Court of Appeals a Motion for Stay and Emergency
Relief Pending Review of an Agency Order. On November 2, 2000, the FAA
filed with the D.C. Circuit Court of Appeals its Opposition to
Petitioners' Motion for Stay Pending Review and Notification of
Administrative Stay of Route and Airspace Rules. This document delays
the effective date of the Airspace Modification Final Rule so that the
FAA may investigate further some new safety issues raised by the Air
Tour Providers.
DATES: The final rule Modification of the Dimensions of the Grand
Canyon National Park Special Flight Rules Area and Flight Free Zones,
was issued on March 28, 2000, and published in the Federal Register on
April 4, 2000 (65 FR 17735). It was scheduled to become effective on
December 1, 2000. The FAA is delaying the effective date of the final
rule until December 28, 2000. This action does not affect the
Commercial Air Tour Limitations final rule that became effective May 4,
2000.
ADDRESSES: You may view a copy of the final rules, Commercial Air Tour
Limitations in the Grand Canyon National Park Special Flight Rules Area
and 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-99-5926 and
FAA-99-5927. You may also review the public dockets on these
regulations in person in the Docket Office between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays. The Docket Office
is on the plaza level of the Nassif Building at the Department of
Transportation, 7th Ave., 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 the final
rules.
You may also request a paper copy of the final rules 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 Nesbitt, Flight Standards
Service (AFS-200), Federal Aviation Administration, Seventh and
Maryland Streets, SW, Washington, DC 20591; Telephone: (202) 493-4981.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 2000, the Federal Aviation Administration published two
final rules, Area and Flight Free Zones (Air Space Modification), and
the Commercial Air Tour Limitation in the Grand Canyon National Park
Special Flight Rules Area (Commercial Air Tour Limitation). See 65 FR
17763; 65 FR 17708; April 4, 2000. The FAA also simultaneously
published a notice of availability of Commercial Routes for the Grand
Canyon National Park (Routes Notice). See 65 FR 17689, April 4, 2000.
The Commercial Air Tour Limitations final rule became effective on May
4, 2000. The Air Space Modification final rule and the routes set forth
in the Routes Notice were scheduled to become effective December 1,
2000. The effective date of the Air Space Modification final rule and
the new routes was delayed to provide the air tour operators ample
opportunity to train on the new route system during the non-tour
season. 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.
On May 8, 2000, The United States Air Tour Association and seven
air tour operators (hereinafter collectively referred to as the Air
Tour Providers) file a petition for review of the two final rules
before the United States Court of Appeals for the District of Columbia
Circuit. The FAA, The Department of Transportation, the Department of
Interior, the National Park Service and various federal officials were
named as respondents in this action. On May 30, 2000, the Air Tour
Providers filed a motion for stay pending review before the Court of
Appeals. The Federal respondents in this case filed a motion for
summary denial on grounds that petitioners had not exhausted their
administrative remedies. The Court granted the federal respondents
summary denial on July 19, 2000. The Grand Canyon Trust, the National
Parks and Conservation Association, the Sierra Club, the Wilderness
Society, Friends of the Grand Canyon and Grand Canyon River Guides,
Inc. (The Trust) filed a petition for review of the same rules on May
22, 2000. The Court, by motion of the federal respondents, consolidated
that case with that of the Air Tour Providers. The Hualapai Indian
Tribe of Arizona filed a motion to intervene in the Air Tour Providers
petition for review on June 23, 2000. The Court granted that motion on
July 19, 2000.
On July 31, 2000, the Air Tour Providers filed a motion for stay
before the FAA. Both the Hualapai Indian Tribe and the Trust filed
oppositions to the Air Tour Providers' stay motion. On October 11,
2000, (65 FR 60352) the FAA published a disposition of the stay
request, denying the stay. On October 25, 2000, the Air Tour Providers
filed a Motion for Stay and Emergency Relief Pending Review of an
Agency Order with the Court of Appeals. The federal respondents filed
their Opposition to Petitioner's Motion for Stay Pending Review and
Notification of Administrative Stay of Route and Airspace Rules on
November 2, 2000.
Agency Action
The Air Tour Providers have raised some specific safety allegations
about the routes in the Dragon Corridor (Green Route 2 and 2R), Zuni
Point Corridor (Green 1; Black 1) and east of the Desert View Flight
Free Zone (Black 2 and Green 3). These safety issues were not
previously raised to the FAA and thus the FAA has not had the
opportunity to investigate the merit of these allegations. The FAA
takes these allegations very seriously and thus has sent out a group of
FAA safety inspectors to verify the significance of these allegations.
Based on the information obtained from these investigators, the FAA
will determine how to best resolve any safety issues of
[[Page 69847]]
merit. The FAA will report its findings to the Court by November 28,
2000. Because of the interrelationship between the new routes and the
airspace changes adopted in the final rule, the FAA is delaying the
effective date of the Airspace Modification until December 28, 2000. If
the FAA determines that any of the safety issues raised by Petitioners
have merit, then it will take the necessary steps to resolve them
before making any of the routes effective and thus necessitating the
implementation of the airspace modification final rule.
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
implement new air tour routes, flight-free zones, and flight corridors
at the same time in order to transition to a new operating environment
in GCNP. The FAA has determined that because new safety concerns have
been raised that need to be investigated further, it is paramount that
their rule become effective immediately.
Economic Evaluation
In issuing the final rule for the Modification of the Dimensions of
the Grand Canyon National Park Special Flight Rules Area and Flight
Free Zone, the FAA prepared a cost benefit analysis of the rule. A copy
of the regulatory evaluation is located in docket Number 99-5926,
Amendment No. 93-80. This delay of the effective date for the final
rule will not affect that evaluation, although the delay in the
implementation of the EFZs may be temporarily cost relieving for air
tour operators.
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 extended delay of the effective date will not affect that
supplemental analysis.
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 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 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, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
Secs. 93.305 and 93.307 [Amended]
2. Sections 93.305 and 93.307 published on December 31, 1996 (61 FR
69330), corrected at 62 FR 2445 (January 16, 1997), and delayed at 65
FR 5397 (February 3, 2000) and made effective December 1, 2000 in a
rule published on April 4, 2000 (65 FR 17736) because effective
December 28, 2000.
Secs. 93.301, 93.305, 93.307, 93.309 [Amended]
3. The amendments to Section 93.301, 93.305, 93.307 and 93.309
published on April 4, 2000 (65 FR 17736) now become effective on
December 28, 2000.
Dated: Issued in Washington D.C. on November 14, 2000.
Jane F. Garvey,
Administrator, Federal Aviation Administration.
[FR Doc. 00-29622 Filed 11-16-00; 10:18 am]
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