![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Modifications of the Dimensions of the Grand Canyon National Park Special Flight Rules Area and Flight Free Zones
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 5, 2001 (Volume 66, Number 234)]
[Rules and Regulations]
[Page 63293-63296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de01-20]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-1999-5926]
RIN 2120-AG74
Modifications 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.
-----------------------------------------------------------------------
SUMMARY: On April 4, 2000, the FAA published two final rules regarding
commercial air tour operations over Grand Canyon National Park (GCNP).
The first rule, Commercial Air Tour Limitation in Grand Canyon National
Park Special Flight Rules Area, limited the number of commercial air
tour operations that may be flown in the GCNP Special Flight Rules Area
(SFRA) on an annual basis. This rule became effective on May 4, 2000.
The second rule, Modifications of the Dimensions of the Grand Canyon
National Park Special Flight Rules Area and Flight Free Zones, modified
the airspace in the SFRA to accommodate a new route system for
commercial air tour operations and to expand the amount of airspace
overall protected by flight free zones. This rule initially was
scheduled to become effective December 1, 2000. After several delays,
the new routes and airspace were adopted for the west end of the GCNP
SFRA on April 19, 2001. The routes and airspace on the east end of the
GCNP SFRA were stayed several times after adoption of the final rule.
The east and routes and airspace are scheduled to be implemented
December 1, 2001. This rule extends the implementation of the Airspace
Modification Final Rule until February 20, 2003.
DATES: The effective date of 14 CFR 93.305(a) and (b), delayed until
December 1, 2001 (66 FR 16582, March 26, 2001), is further delayed
until February 20, 2003. This rule was originally published at 61 FR
69330 on December 31, 1996, April 4, 2000 (65 FR 17736).
The amendments to 14 CFR 93.305(a) and (b) originally published
April 4, 2000 (65 FR 17736) and most recently delayed until December 1,
2001 (66 FR 16582, March 26, 2001) are further delayed until February
20, 2003.
ADDRESSES: You may view a copy of this 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-01-9218. You may also review the public
dockets on this regulation in person in the Docket Office between 9:00
a.m. and 5:00 p.m., Monday through Friday, except Friday 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 this final rule.
You may also request a paper copy of this final rule 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 Hesbitt, 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:
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA t comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBRFA on the Internet at our site, http://www.gov/avr/arm/
sbrefa.htm. For more information on SBREFA, e-mail us 9-AWA-
SBREFA@faa.gov.
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 (Airspace
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 May 4, 2000. The Airspace 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.
Following the publication of the final rules, the United States Air
Tour Association and seven air tour operators petitioned the United
States District Court of Appeals for the District of Columbia to review
the rules. See USATA v. FAA, et al. (Docket No. 001201). During the
course of litigation, the USATA raised new safety concerns regarding
the new routes in the east end of the GCNP SFRA. AS a result, the FAA
first delayed implementation of the routes until December 28, 2000
(November 20, 2000; 65 FR 69848) so that it could evaluate the new
issues. During this evaluation, the FAA determined that modifications
could be made to the routes to enhance safety. On December 13, 2000,
the FAA published a second Notice of Availability seeking comment on
proposed changes to routes in the east-end of the GCNP SFRA (65 FR
78071). Subsequently, the FAA delayed the implementation of the routes
until April 1, 2001. (66 FR 2001, January 4, 2001).
During the comment period for the second Notice of Availability,
additional safety concerns were raised regarding the proposed revisions
to the east end routes. Consequently, the FAA decided to implement the
modifications to the route structure of the GCNP SFRA in two phases.
First, on April 19, 2001, the FAA implemented the routes and airspace
in the west-end (defined as all areas of the SFRA west of the Dragon
corridor) of the GCNP SFRA that originally were published on April 4,
2000. Also, on April 19, 2001, the SFRA boundary in the eastern part of
the GCNP SFRA over the Navajo Nation lands was extended five miles to
the east. Second, the route structure on the east-end (Dragon Corridor
and all airspace east of that Corridor) in the GCNP SFRA was stayed
until December 1, 2001 to enable the FAA and NPS to determine what
changes should be made in the east end of GCNP. Accordingly, the routes
now flown remain almost exactly as that shown under Special Federal
Aviation Regulation (SFAR) 50-2, with only
[[Page 63295]]
slight modification to certain entry and exit points.
The FAA is working on proposed changes to the route structure and
airspace modification in the east end of GCNP. This process involves
printing maps depicting those changes, performing an environmental
assessment of the proposed routes, publishing a proposal and notice of
availability of the map in the Federal Register, and reviewing comments
on the proposed changes. Because this process is not complete, it is
necessary to gain extend the effective date of the April 2000 final
rule airspace modifications. That date now is extended until February
20, 2003. Part of this delay results from the increased workload since
the events of September 11, 2001. Additionally, the FAA has determined
that any new routes should be implemented in the winter when tour
activity is limited and operators are conducting new pilot training.
Given all of these constraints, the FAA has found that it is necessary
to delay the implementation of the east end airspace until February 20,
2003. In the meantime, the FAA and NPS will continue to move forward on
a revised east end route structure.
The FAA notes that the changes to the routes and airspace in the
West end of GCNP finalized in the April 2000 rule have been in effect
since April 19, 2001. Those changes were implemented to further the
goal of substantial restoration of natural quiet in GCNP.
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
propose and receive comments on new air tour routes in the east end of
GCNP requiring the modification of the airspace in GCNP. Therefore, the
FAA has determined that to address the safety concerns of operators, it
is necessary to further delay the implementation date of the airspace
changes codified in April 2000. The FAA notes that the delay only
affects the east end of the GCNP SFRA; changes to the west end have
been in effect since April 19, 2001.
Environmental Review
In March 2001, the FAA 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 examined the potential environmental impacts associated
with a phased implementation of the Airspace rule and the Commercial
Air Tour Route Modifications described in the February 2000 FSEA. The
phased approach involved implementation of the ``preferred''
alternative airspace and air tour route structure as described in the
February 2000 FSEA for the GCNP SFRA west of Dragon Corridor. Since no
changes to the western portion of the GCNP SFRA as described in the
FSEA remained 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 determined that they were not
significant changes from the plans analyzed under the ``no action''
alternative in the February 2000 FSEA. Therefore, the FAA determined
that the proposed route revisions to the SFAR 50-2 route structure
conformed to the ``no action'' alternative analyzed in the FSEA. The
FAA determined that the data and analyses contained in the February
2000 FSEA were still substantially valid and all pertinent conditions
and requirements of the prior approval have or would be met in the
April 2001 action.
While the delayed implementation of the east-end route and airspace
structure lessened the percentage of the GCNP substantially restored to
natural quiet, it was only a temporary delay. In addition, given that
the majority of the revised routes and airspace for GCNP were
implemented during phase one, the phased implementation process
resulted in a gain of substantial restoration of natural quiet for GCNP
as described in the February 2000 FSEA.
Therefore for the above reasons and pursuant to FAA Order 1050.1D,
Paragraph 92, the FAA determined that the contents of the final
Supplemental Environmental Assessment and its conclusions issued on
February 22, 2000 were still valid. Additionally, the FAA found that
the previous Section 106 Determination of No Adverse Effect to
Traditional Cultural Properties identified by Native Americans issued
for the FSEA was also still valid. Copies of the written reevaluation
were placed in the public docket for the April 2001 rulemaking, were
circulated to interested parties, and were available for inspection at
the same time and location as the April 2001 final rule. The findings
of the March 2001 WR remain valid for this final rule extending the
April 2001 Airspace Rule.
Economic Analysis
The economic analysis completed for the final rule published April
4, 2000 evaluates the east-end and the west-end operations separately
since these are distinct markets. This action does not affect the April
19, 2001 implementation of 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 further the implementation of the east-
end routes; however, 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 statutues,
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 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. Accordingly, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation Administration
certifies that this final 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 standard or related activities that create
unnecessary obstacles to the foreign commerce of the
[[Page 63296]]
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 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 the
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 in 14 CFR Part 93
Air traffic control, Airports, Navigation (Air).
Adoption of Amendments
Accordingly, the Federal Aviation Administration (FAA) amends 14
CFR part 93 as follows:
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
1. 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.
Sec. 93.305 [Amended]
2. Section 93.305 (a) and (b) published on December 31, 1996 (61 FR
69330), and most recently delayed until December 1, 2001 (see 66 FR
16582, March 26, 2001) are further delayed until February 20, 2003.
3. The amendments to Section 93.305 published on April 4, 2000 (65
FR 17736), and most recently delayed until December 1, 2001 (see 66 FR
16582, March 26, 2001) are further delayed until February 20, 2003.
Issued in Washington, DC on November 29, 2001.
Jane F. Garvey,
Administrator.
[FR Doc. 01-30012 Filed 11-30-01; 3:34 pm]
BILLING CODE 4910-13-M