[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Rules and Regulations]
[Pages 23604-23605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11335]



[[Page 23603]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91, 93, 121, and 135



Special Flight Rules in the Vicinity of Grand Canyon National Park; 
Final Rule

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

[[Page 23604]]



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.

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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