23604 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 93, 121, and 135

[Docket No. 28537; Amendment Nos. 91–

257, 121–270, 135–72, 93–76]

Special Flight Rules in the Vicinity of

Grand Canyon National Park

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; correcting

amendment.

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

§§ 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 noncommercial 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 SEEAND-AVOID RESPONSIBILITY OR

COMPLIANCE WITH FAR 91.119.

(1) Unless necessary to maintain a safe

distance from other aircraft or terrain—
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations 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