Modification of the Dimensions of the Grand Canyon
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[Federal Register: March 26, 2001 (Volume 66, Number 58)]
[Rules and Regulations]
[Page 16581-16584]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr01-11]
[[Page 16581]]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91 et al.
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
[[Page 16582]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91, 93, 121, 135
[Docket No. FAA-2001-9218]
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: Final rule.
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SUMMARY: On April 4, 2000, the FAA published two final rules regarding
aircraft flight operations over Grand Canyon National Park (GCNP). The
first rule, the Commercial Air Tour Limitations final rule, limiting
the number of commercial air tour operations in the GCNP Special Flight
Rules Area (SFRA), was effective on May 4, 2000. The second rule, the
Airspace Modification final rule, modifying the airspace in the SFRA,
was scheduled to become effective December 1, 2000. However, on
November 20, 2000, the FAA published a final rule delaying the
effective date of the Airspace Modification final rule until December
28, 2000, so that the FAA could adequately evaluate new safety issues
raised by the air tour operators. On December 28, 2000, the FAA further
delayed the airspace modifications final rule until April 1, 2001. The
FAA has completed its evaluation and determined that it is necessary to
delay implementing changes to the airspace, including two flight free
zones in the east-end of GCNP, pending resolution of the safety issues.
In a companion document in this Federal Register the FAA also makes
available a map depicting commercial air tour routes in GCNP.
DATES: The amendment to SFAR 50-2 is effective April 1, 2001.
14 CFR 93.305 and 93.307 originally published at 61 FR 69330 on
December 31, 1996 and most recently delayed until April 1, 2001 (see FR
1005, January 4, 2001) is further delayed. 14 CFR 93.305(c) and (d) and
93.307 are delayed until April 19, 2001. 14 CFR 93.305 (a) and (b) are
delayed until December 1, 2001.
The amendments to 14 CFR 93.301, 93.305 (c) and (d), 93.307, and
93.309, originally published at 65 FR 17736 on April 4, 2000 and most
recently delayed until April 1, 2001 (see 66 FR 1005, January 4, 2001)
are further delayed until April 19, 2001. The amendments to 14 CFR
93.305 (a) and (b) originally published and most recently delayed on
the same dates as set forth above are further delayed until December 1,
2001.
ADDRESSES: You may view a copy of the final rule, 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-01- . 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, 400 7th St., 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), or Ken McElroy, Airspace and Rules Division, ATA-
400, 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, the Modification of the Dimensions of the Grand Canyon
National Park Special Flight 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 17736; 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 on May 4, 2000. The Air Space 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.
During the course of litigation, the United States Air Tour
Association and seven air tour operators raised new safety concerns. As
a result, the FAA first delayed implementation of the routes until
December 28, 2000 (November 20, 2000; 65 FR 69848). Following these
actions, the FAA conducted an evaluation of the planned routes in the
east-end of GCNP and determined that modifications could be made to the
routes to enhance safety. The FAA published a second notice of
availability of a map depicting proposed changes to routes in the east-
end of GCNP on December 13, 2000 (65 FR 78071), with a comment period
that closed on January 26, 2001. Subsequently, the FAA delayed until
April 1, 2001 the implementation of the routes on January 4, 2001 (66
FR 2001). The FAA also stated that it may choose to implement the
routes in the western portion of GCNP only while resolving routes in
the east-end.
Agency Action
During the comment period for the second Notice of Availability of
air tour routes, additional safety concerns were raised regarding the
proposed revisions to the routes on the east-end of the Grand Canyon
National Park (GCNP) Special Flight Rules Area (SFRA). Consequently,
the FAA is implementing the modifications to the route structure of the
GCNP SFRA in two phases.
The first phase will implement the routes and airspace made final
in April 2000 on the west-end (defined as all areas of the SFRA west of
the Dragon corridor) of the GCNP SFRA. On the east-end (defined as the
Dragon corridor east), the first phase will implement the modification
to the SFRA boundary, as contained in the April 2000 final rule, by
extending the SFRA boundary over the Navajo Nation lands five miles to
the east. However, during this phase, the route structure on the east-
end will remain almost exactly as that currently flown in the SFAR
under Special Federal Aviation Regulation (SFAR) 50-2, with only slight
modification to certain entry and exit points. To accomplish the dual
goals of achieving substantial restoration of natural quiet in GCNP and
maintaining a safe operating environment for commercial air tour
operators, the FAA finds that this combination of commercial air tour
routes is the most reasonable proposal for the Spring 2001 air tour
season (May through November). This route configuration will go into
effect on April 19, 2001. (See companion Notice of
[[Page 16583]]
Availability of Commercial Air Tour routes.)
This airspace modification extends from April 1 to April 19, 2001,
the airspace configuration of SFAR 50-2. Because the prior agency stay
ends on April 1, 2001, it is necessary to further delay the airspace
until April 19, 2001. This additional extension is necessary to
correlate the routes and airspace for the west-end of GCNP. On the
east-end, the final rule will maintain the stay of the effective date
of the Bright Angel and Desert View FFZs until December 1, 2001. This
will give the FAA adequate time to determine what, if any, changes need
to be made in the route structure in the east-end of GCNP for the 2002
air tour season.
The second phase of the commercial air tour route structure in GCNP
would implement a potentially revised route and airspace structure on
the east-end of the GCNP SFRA. It is anticipated that all revisions of
the east-end would be based upon the route structure adopted in the
April 2000 final rule. Implementation of the second phase will be
determined after the FAA has evaluated and addressed all outstanding
safety concerns. Interested persons will be afforded the opportunity to
comment on final revisions to the route structure in the east-end of
GCNP. The FAA anticipates that phase two modifications will be
finalized in the winter 2001-2002 timeframe to be in place for the 2002
commercial air tour season.
The two phase implementation process will allow the FAA to move
towards the mandate for the substantial restoration of natural quiet in
GCNP by implementing the routes and airspace structure in the west-end
of the GCNP. This will accomplish some goals of the April 2000
rulemaking, in that it will eliminate the Blue 1 and Blue 1A routes. In
addition, the phased approach will allow the FAA to adequately evaluate
and address the new safety concerns related to the routes in the east-
end of GCNP while allowing commercial air tour operators adequate time
to train on the revised east-end routes during the off-peak season. At
the same time, the phased process will provide for the elimination of
overflights of some of the traditional cultural properties identified
by Native American Tribes during the National Historic Preservation Act
(NHPA) Section 106 consultation process.
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 requiring the modification of the
airspace in GCNP to transition to a new operating environment in GCNP.
The FAA has determined that because new safety concerns have been
raised, which warrant further evaluation, it is necessary to implement
the airspace codified in April 2000 in a phased approach.
Environmental Review
The FAA has 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 examines the potential environmental impacts associated with the
phased implementation of the Airspace rule and the Commercial Air Tour
Route Modifications described in the FSEA. This phased approach will
involve implementation of the ``preferred'' alternative airspace and
air tour route structure as described in the FSEA for the GCNP SFRA
west of Dragon Corridor. No changes to this portion of the GCNP SFRA as
described in the FSEA will occur. Thus, the impact evaluation for the
``preferred'' alternative contained in the FSEA remains valid for the
stage-one airspace and routes implementation at the west-end of the
GCNP SFRA. The FAA also reviewed the planned implementation of the
stage-one airspace, routes, and route modifications on the east-end and
has determined that they are not significant changes from the plans
analyzed under the ``no action'' alternative in the FSEA. Therefore,
the FAA has determined that the proposed route revisions to the SFAR
50-2 route structure conform with the ``no action'' alternative
analyzed in the FSEA. The FAA has determined that the data and analyses
contained in the FSEA are still substantially valid and all pertinent
conditions and requirements of the prior approval have or will be met
in the current action.
While the delayed implementation of the east-end route and airspace
structure will lessen the percentage of the GCNP substantially restored
to natural quiet, it is only a temporary delay. The routes and airspace
at the east-end of the GCNP SFRA are stayed, however, as soon as the
safety concerns are addressed and the operators are given the
opportunity to train in the off-peak season, new routes and airspace
will be implemented in the east-end. In addition, given that the
majority of the revised routes and airspace for GCNP will be
implemented, during stage-one, the staged implementation process will
result in a gain of substantial restoration of natural quiet for GCNP
as described in the FSEA.
Therefore for the above reasons and pursuant to FAA Order 1050.1D,
Paragraph 92, the FAA has determined that the contents of the Final
Supplemental Environmental Assessment and its conclusions issued on
February 22, 2000 are still valid. Additionally, the FAA has found that
the previous Section 106 Determination of No Adverse Effect to TCPs
identified by Native Americans issued for the FSEA is also still valid.
Copies of the written reevaluation have been placed in the public
docket for this rulemaking, have been circulated to interested parties,
and may be inspected at the same time and location as this final rule.
Economic Analysis
The economic analysis completed for the final rule published April
4, 2000 evaluates the east-end and west-end operations separately since
these are distinct markets. This action implements 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
implementation of the east-end routes, it is not taking 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
[[Page 16584]]
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 for whom costs have been estimated. Accordingly,
pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the
Federal Aviation Administration certifies that this 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 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.
In accordance with the above Act and policy, the FAA has assessed
the potential effect of this final rule 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
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
14 CFR Part 91, 121, 135
Aircraft, Airmen, Aviation Safety
14 CFR Part 93
Air traffic control, Airports, Navigation (Air)
Adoption of Amendments
Accordingly, the Federal Aviation Administration (FAA) amends 14
CFR parts 91, 93, 121, and 135 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), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
PART 121--[AMENDED]
1. The authority cite for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.
PART 135--[AMENDED]
1. 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, 44915-44717, 44722.
2. In parts 91, 121, and 135, section 9 of SFAR 50-2 is revised.
Special Federal Aviation Regulations
SFAR No. 50-2--Special Flight Rules in the Vicinity of the Grand
Canyon National Park, AZ.
* * * * *
Section 9. Termination date. Section 1. Applicability, Section 4,
Flight-free zones, and Section 5. Minimum flight altitudes, expire on
April 19, 2001.
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
3. 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.
4. Sections 93.305 and 93.307 were 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); made effective December 1, 2000 in a
rule published on April 4, 2000 (65 FR 17736), delayed until December
28, 2000 (65 FR 69846, November 20, 2000), and delayed until April 1,
2001 at 66 FR 1005 (January 4, 2001). Section 93.305(c) and (d) and
93.307 are further delayed until April 19, 2001, and Sec. 93.305 (a)
and (b) are further delayed until December 1, 2001.
5. The amendments to Secs. 93.301, 93.305, 93.307 and 93.309
published on April 4, 2000 (65 FR 17736), delayed until December 28,
2000 (65 FR 69846, November 20, 2000), were further delayed until April
1, 2001 (66 FR 1005, January 4, 2001). The amendments to Secs. 93.301,
93.305 (c) and (d), 93.307 and 93.309 are further delayed until April
19, 2001, and the amendments to Sec. 93.305 (a) and (b) are delayed
until December 1, 2001.
Issued in Washington, DC on March 21, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-7410 Filed 3-21-01; 4:57 pm]
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