[Federal Register Volume 66, Number 9 (Friday, January 12, 2001)]
[Notices]
[Pages 2947-2949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1066]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Commercial Routes for the Grand Canyon National Park Special 
Flight Rules Area

AGENCY: Federal Aviation Administration, DOT.

[[Page 2948]]


ACTION: Notice of availability; extension of comment period.

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SUMMARY: This notice extends the comment period on a notice of 
availability published December 13, 2000, (65 FR 78072) on commercial 
routes for the Grand Canyon National Park (GCNP) Special Flight Rules 
Area (SFRA). The commercial routes were not published in the Federal 
Register because they are on very large and very detailed charts, but 
were available from the FAA by request. The modifications in the routes 
are related to safety concerns identified by air tour operators and 
evaluated by the Federal Aviation Administration (FAA). With this 
notice, the FAA extends the comment period on the modifications of 
these routes, until January 26, 2001, so that interested persons who 
were unable to comment on the routes due to the holiday season may do 
so.

DATES: Comments must be received on or before January 26, 2001.

ADDRESSES: Comments on the proposed commercial air tour routes may be 
delivered or mailed, in duplicate to: Federal Aviation Administration, 
Attention: Gary Davis, Air Transportation Division, Flight Standards 
Service, AFS-201, Rm 831, 800 Independence Avenue SW., Washington, DC 
20591. Comments also may be faxed to Mr. Davis at 202-267-5229. 
Comments may be examined at the above address between 9 a.m. and 4 p.m. 
weekdays, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Howard Nesbitt, Special Assistant for 
National Parks, Flight Standards Service, 800 Independence Avenue SW., 
Washington, DC 20591, Telephone (202) 493-4981.

SUPPLEMENTARY INFORMATION: The FAA did not publish the commercial 
routes in the original notice of availability in the Federal Register 
because they are on very large and very detailed charts that would not 
publish well in the Federal Register. You may obtain a copy of the 
commercial routes by contacting Denise Cashmere at (202) 267-3717, by 
faxing a request to (202) 267-5229, or by sending a request in writing 
to the Federal Aviation Administration, Air Transportation Division, 
AFS-200, 800 Independence Avenue SW., Washington, DC 20591. You may 
comment on the suggested route modifications as you desire, but you 
must identify that you are commenting on the commercial routes for 
Grand Canyon National Park. The FAA will consider all comments received 
on or before January 26, 2001. The FAA will consider late-filed 
comments to the extent practicable.

History

    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 simultaneously published 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 
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 extended 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 (USATA) and 
seven air tour operators (hereinafter collectively referred to as the 
Air Tour Providers) filed 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 (NPS) 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. (hereinafter will be collectively referred to as 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. The FAA then issued an administrative stay of the 
routes and airspace until December 28, 2000, so that it could further 
investigate some new safety allegations raised by the Air Tour 
Providers during the course of litigation (65 FR 69846 and 65 FR 69848; 
November 20, 2000). On December 28, 2000, the FAA delayed 
implementation of changes in the airspace for GCNP SFRA until April 1, 
2001, pending resolution of safety issues in the east end of GCNP. A 
companion document delayed implementation of the new route structure 
also until April 1, 2001. On December 13, 2000, the FAA published a new 
Notice of Availability to the Commercial Routes in the Grand Canyon 
National Park Special Flight Rules Area suggesting some route 
modifications on the east end to address the concerns raised by the air 
tour operators (65 FR 78072). The comment period to this Notice expires 
on January 12, 2001.

Discussion

    In response to the Notice of Availability published December 13, 
2000, the FAA has received a request from the United States Air Tour 
Association (USATA) to extend the commend period for 30-60 days. USATA 
states that ``air tour providers are currently reviewing the proposed 
route structure and early indications from them are that they still 
have some significant and substantial concerns with the new routes.'' 
However, USATA states that ``due to the inevitable disruptions due to 
the holidays, vacations and the inability of the air tour operators to 
yet be able to work closely with the Flight Standards

[[Page 2949]]

District Office in Las Vegas and actually fly the proposed routes, a 
full, fair, complete and objective evaluation simply is not possible by 
the January 12, 2001 deadline.''
    The FAA is very interested in receiving the air tour operators' 
comments to the Notice of Availability and welcomes the operators' 
interest in aviation safety. Thus, the FAA is extending the comment 
period to the Notice of Availability until January 26, 2001. The FAA 
believes that this extension accounts for the time lost due to the 
holidays and provides the air tour operators with two additional weeks 
to complete any route reviews and prepare written comments. Given that 
the suggested route modifications were not extensive (and in fact the 
modification to the Dragon Corridor reverts the turnaround back to its 
present location), the FAA believes the additional 15-45 days requested 
by the air tour operators is unnecessary.

    Issued in Washington, DC on January 8, 2001.
Gregory L. Michael,
Acting Director, Flight Standards Service.
[FR Doc. 01-1066 Filed 1-9-01; 8:45 am]
BILLING CODE 4910-13-M