66248 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 93, 121, and 135

[Docket No. 28537; Amendment Nos. 92–

255, 93–75, 121–267, 135–71]

RIN 2120–AG54

Special Flight Rules in the Vicinity of

Grand Canyon National Park

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final Rule; request for

comments.

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 9-

nprm-cmts@faa.dot.gov. 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
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations 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 flightfree 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.
66250 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

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]

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