Tuesday, April 4, 2000

Part III

Department of Transportation Federal Aviation Administration

14 CFR Part 91, et al. Modification of the Dimensions of the Grand Canyon National Park Special Flight Rules Area and Flight Free Zones; Final Rule

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DEPARTMENT OF TRANSPORTATION of the Code of Federal Regulations by National Canyon. Consequently, on July adding a new Subpart U to codify the 15, 1998, the FAA withdrew Notice 97– Federal Aviation Administration provisions of Special Federal Aviation 6 (63 FR 38232) in its entirety. Regulation No. 50–2 (SFAR 50–2). On July 9, 1999, the FAA published 14 CFR Parts 91, 93, 121, and 135 Additionally, this rule modified the two NPRMs (Notice 99–11 and Notice [Docket No. FAA±99±5926; Amendment No. dimensions of the GCNP SFRA, 99–12) to assist the NPS in achieving 93±80] established new and modified existing the statutory mandate imposed by Pub. FFZs; established new and modified L. 100–91 to provide for the substantial RIN 2120±AG74 existing flight corridors; and established restoration of natural quiet and reporting requirements for commercial Modification of the Dimensions of the experience in GCNP by reducing the air tour operators operating in the Grand Canyon National Park Special effect of aircraft noise from commercial SFRA. In addition, the final rule air tours on GCNP. Notice 99–11, Flight Rules Area and Flight Free prohibited commercial air tours in the Zones Modification of the Dimensions of the Zuni Point and Dragon corridors during Grand Canyon National Park Special AGENCY: Federal Aviation certain time periods, and placed a Flight Rules Area and Flight Free Zones Administration (FAA), DOT. temporary limit on the number of (64 FR 37296, Docket No. 5962) ACTION: Final rule. aircraft that could be used for proposed to modify the dimension of commercial air tour operations in the the GCNP SFRA. The proposed changes SUMMARY: This action amends special GCNP SFRA. These provisions to the SFRA would modify the eastern operating rules and airspace for those originally were to become effective on portion of the SFRA, the Desert View persons operating aircraft in the area May 1, 1997. FFZ, the Bright Angel FFZ and the designated as the Grand Canyon On February 26, 1997, the FAA Sanup FFZ. Notice 99–12, Commercial National Park Special Flight Rules Area published a final rule that delayed the Air Tour Limitations in the Grand (SFRA). Specifically, this action implementation of certain sections of Canyon National Park Special Flight modifies the eastern portion of the the December 31, 1996, final rule (62 FR Rules Area, (64 FR 37304, Docket No. SFRA and the Desert View Flight-free 8862). Specifically, this action delayed 5927) proposed to limit the number of Zone (FFZ); establishes a corridor the effective date, until January 31, commercial air torus that may be through the Bright Angel FFZ for future 1998, of those sections of the rule that conducted in the SFRA and to revise the noise efficient/quiet technology aircraft; address the SFRA, FFZs, and flight reporting requirements for commercial corridors, respectively §§ 93.301, and modifies the Sanup FFZ to provide SFRA operations. The specific proposals 93.305, 93.307. In addition, certain for a commercial route over the of Notice No. 99–12 are discussed in a portions of SFAR No. 50–2 were northwestern section of the Grand final rule found elsewhere in this reinstated and the expiration date Canyon National Park (GCNP). In Federal Register. extended. Implementation was delayed addition, this action makes editorial On July 20, 1999 (64 FR 38851), the corrections to several previously issued to allow the FAA and the NPS to consider comments and suggestions to FAA published a notice announcing two special operating rules for this affected public meetings on the NPRMs. The area. The FAA is taking this action to improve the route structure. On December 17, 1997, the FAA took action meetings, which were held on August assist the National Park Service in 17 and 19, 1999, in Flagstaff, Arizona, fulfilling the statutory mandate of to delay further the implementation of the above mentioned sections of the rule and Las Vegas, Nevada, sought substantially restoring the natural quiet additional comment on the NPRMs and and experience in GCNP. and continued the extension of certain portions of SFAR No. 50–2 until January on the associated supplemental draft EFFECTIVE DATE: This final rule is 31, 1999 (62 FR 66248). On February 3, environmental assessment. effective on December 1, 2000. 1999, the FAA again took action to Proposed Actions of Notice 99–11 FOR FURTHER INFORMATION CONTACT: further delay implementation of the Joseph C. White, Airspace and Rules above mentioned sections and The airspace modification proposal, Division, ATA–400, Office of Air Traffic continued the extension of certain Notice No. 99–11, the subject of this Airspace Management, Federal Aviation portions of SFAR No. 50–2 until January final rule, proposed to modify the Grand Administration, 800 Independence 31, 2000 (64 FR 5152). It is noted that Canyon SFRA and Desert View FFZ by Avenue, SW., Washington, DC 20591; these actions did not affect or delay the moving the respective boundaries five telephone (202) 267–8783. implementation of the curfew, aircraft (5) nautical miles to the east. The SUPPLEMENTARY INFORMATION: cap, or reporting requirements of the rationale for the proposal was to allow rule, which were effective May 1, 1997. entry and exit to routes as well as to History curtail travel over several Traditional On December 31, 1996, the FAA Recent Actions Cultural Properties (TCP) on the eastern published three concurrent actions (a On May 15, 1997, the FAA published side of the GCNP, which concerns the final rule, a Notice of Proposed a Notice of Availability of Proposed Zuni, Hopi, and Navajo Tribes. These Rulemaking (NPRM), and a Notice of Routes and a companion NPRM (Notice sites were identified through Availability of Proposed Commercial No. 97–6) that proposed two quiet consultation with affected tribes in Air Tour Routes) in the Federal Register technology incentive corridors over the accordance with the National Historic (62 FR 69301) as part of an overall GCNP. The first corridor, through the Preservation Act (NHPA). It is noted strategy to further reduce the impact of Bright Angel FFZ, was planned for quiet that specific locations of these aircraft noise on the GCNP environment technology aircraft use only. The second Traditional Cultural Properties are not and to work with the National Park corridor, through National Canyon, identified pursuant to section 304 of the Service (NPS) in achieving its statutory would be for westbound quiet- NHPA, which provides for mandate imposed by Public Law (Pub. technology aircraft after December 31, confidentiality of cultural and religious L.) 100–91 of substantially restoring the 2001. The FAA, in consultation with the sites. In the proposed rule, the FAA natural quiet and experience in GCNP. NPS and Native Americans, determined sought to reduce the impact of air tours The final rule amended Title 14, Part 93, not to proceed with a corridor through over these TCPs by the proposed

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations 17737 modification of the eastern portion of Many commenters sent the identical 15, 1997, petition for reconsideration of the SFRA and the Desert View FFZ. comments to both dockets. Many of the December 1996 final rule. In that In addition, Notice No. 99–11 these comments included form letters petition, AOPA raised similar issues as proposed to establish a provisional from the air tour industry and presented in its comment to the airspace incentive corridor through the Bright supporters of environmental groups. modification proposal. Specifically Angel FFZ, one nautical mile in width, Comments were also received from AOPA asks that the FAA reconsider and to be used in the future only by aircraft industry associations (e.g., Grand (1) restore the floor of the North Canyon meeting a noise efficiency/quiet Canyon air Tour Council (CGATC); sector to 5,000 feet MSL for general technology standard, which has yet to Aircraft Owners and Pilots Association aviation overflight; (2) restore the floor be developed. (AOPA); Helicopter Association for the Marble Creek Canyon sector to This proposed incentive corridor International (HAI); Experimental 6,000 feet MSL; (3) establish the Fossil would pass through the Bright Angel Aircraft Association (EAA); National Air Canyon for general aviation overflight; FFZ along the northern boundary of the Transportation Association (NATA)); an and (4) establish the proposed Tuckup current Bright Angel FFZ as defined in environmental coalition (Sierra Club; corridor for general aviation flight. SFAR 50–2. Once quiet technology/ Grand Canyon Trust; The Wilderness FAA response and final rule action: noise efficient aircraft are defined and Society; Friends of the Grand Canyon; the Bright Angel FFZ is implemented, Maricopa Audubon Society; National In the December 1996 final rule, the the FAA would anticipate a three fold Parks and Conservation Association; FAA took action to prohibit air tour benefit. First, fewer aircraft would be Natural Sounds Society; Quiet Skies operations in the Tuckup Corridor. flying over the northern rim of the Alliance); river rafting organizations However, the Tuckup Corridor has canyon along the Saddle Mountain (Arizona Raft Adventures; Grand always been open to general aviation Wilderness Area, where the NPS and Canyon River Guides); air tour operators traffic. The FAA regrets that this was U.S. Forest Service have indicated that (AirStar Helicopters; Sunrise Airlines; not made clear when it provided a map noise-sensitive activity regularly occurs. Southwest Safaris; Grand Canyon for public comment on the new routes. Second, noise from the air tour aircraft Airlines; Papillon Grand Canyon General aviation pilots should refer to would be dispersed between the Helicopters; Windrock Aviation; Air the Grand Canyon VFR Aeronautical northern boundary of the Bright Angel Vegas; Heli USA; Eagle Jet Charter, Inc.); Chart (General Aviation), which clearly FFZ and the proposed incentive aircraft manufacturers (Twin Otter shows the Tuckup Corridor and its corridor, thereby reducing the level of International, Ltd.; Stemme USA, Inc.); flight altitudes. The FAA stated that it concentrated aircraft noise along any tourism organizations (Grand Canyon was not modifying the Tuckup Corridor one route. Third, opening this corridor Air Tourism Association; Arizona Office as recently as May 15, 1997, when it only to aircraft meeting the noise of Tourism); governmental officials published Notice 97–6 proposing that efficiency/quiet technology standard (Arizona Speaker of the House; Arizona certain corridors be established for quiet would provide a valuable and tangible State Legislature; Governor of Arizona; technology aircraft. Comments regarding incentive for the air tour operators to Arizona Corporation Commission; Clark Marble Canyon and Fossil Canyon convert to quieter aircraft. The Bright County Department of Aviation); and corridors are addressed below. Angel Corridor could thereby provide Native American tribes (Hualapai; The FAA apologizes for not the benefit of a reduction in the level of Havasupai; Navajo). Some of the responding to AOPA’s petition earlier, aircraft noise over time. substantive comments include but addresses and disposes of that Finally, the FAA proposed to modify commissioned studies, and economic petition in this final rule. The December the Sanup FFZ to provide for a route and noise impact analyses (J.R. 1996 final rule simplified the northeast over the northwestern section of the Engineering; Riddel and Schwer). sector of the SFRA by combining the GNCP, and to provide for two The following is an analysis of the Marble Canyon and the North Canyon transportation routes to Tusayan. The pertinent general comments received in sector into one sector and renaming the elimination of current routes Blue 1 and response to Notice 99–11 by specific section the Marble Canyon Sector with Blue 1A, to be replaced by Blue Direct proposal and the rationale of the final the minimum sector altitude of 8,000 North and Blue Direct South, would rule. MSL. The route altitude for commercial cause traffic to transit to over the Sanup air tour aircraft, for the most part, in this AOPA Comments/Petition for FFZ. To accommodate these two routes, sector is 7,500 MSL, thus allowing for Reconsideration the FAA proposed to modify the a 500 foot MSL buffer. The FAA is northern portion of the Sanup FFZ so AOPA, on behalf of its members, aware that between Cave Springs Rapids that the Blue Direct South does not fly comments that the FAA should clarify and Saddle Mountain, air tour operators over a FFZ. In addition, it was proposed the raised floors of the Marble Canyon are climbing so as to join the Saddle to eliminate a small area in the and North Canyon sectors as amended Mountain and North Rim air traffic northwestern portion of the Sanup FFZ in the 1996 final rule. Further, AOPA (Black 1 route). Areas for general to accommodate the Blue 2 air tour states that the FAA should include aviation operations are to be conducted route. The FAA acknowledged that this language clarifying that the new ceiling at a slightly higher altitude than the modification would eliminate a small will not impact other types of non- commercial air tour routes to segregate area of previously designated FFZ; commercial general aviation flights. general aviation operations from the however, the elimination of the Blue 1 AOPA comments that the elimination of relatively heavy commercial air tour and Blue 1A routes, which transit more the Fossil Canyon Corridor and the operations. While the routes reserve pristine areas of the SFRA, would have raised floors of the Marble Canyon and different altitudes for different types of added benefits for the restoration of North Canyon sectors unfairly penalizes operations, they do not in any way natural quiet and experience in GCNP. general aviation flights. AOPA assure separation of individual aircraft recommends restoring the sector (all pilots flying in the SFRA remain Discussion of Comments altitudes for general aviation overflights fully responsible for seeing and In response to Notice 99–11, the FAA to the original altitudes of 5,999’ MSL avoiding other aircraft). Consequently, it received more than 1,000 comments, and 4,999’ MSL respectively. In its is not feasible to consider lowering the and 556 comments on Notice 99–12. comment, AOPA also refers to a January altitude for general aviation traffic in

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 17738 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations this sector below 8,000 feet MSL. necessary to delay implementation of In response to commenters who want Therefore, the FAA denies this portion this rule other than for training to close the Dragon Corridor to aircraft of AOPA’s petition for reconsideration. purposes. overflights, the FAA did not propose AOPA also requests that the FAA such a change. NPS and FAA are Modifying the SFRA and FFZs consider and reopen the Fossil Canyon seeking to impose the regulations Corridor to general aviation traffic. In Air Vegas comments that it does not necessary to achieve substantial steps promulgating the December 1996 final matter how the SFRA is realigned, towards the statutory mandate. At this rule, it was the FAA’s intention to close because what really matters is how the time, the agencies have decided not to the Fossil Canyon corridor for route system is carved out of the SFRA. close the Dragon Corridor. commercial air tour flights only. As The Maricopa Audubon Society The FAA disagrees with Clark County stated in the preamble to that rule, the recommends that the FAA close the that it is arbitrarily limiting available FAA found that the Fossil Canyon Dragon Corridor (which is located just airspace in GCNP. Congress mandated corridor was not heavily used for west of Hermit’s Rest); this corridor the goal of substantial restoration of commercial air tour purposes and that impacts the Hermit, Boucher, Waldron, natural quiet in GCNP in Pub. L. 100– the operators who do use the corridor and Tonto trails. This commenter adds 91. Pub. L. established the process for will have alternative routes. The FAA that the proposal would wrap tour substantially restoring the natural quiet inadvertently did not include the Fossil flights closer around the south side of and experience in GCNP. Additionally, Canyon corridor in section 93.307, Point Sublime, which is ‘‘an Congress granted NPS the discretion to Minimum flight altitudes for unacceptable way to treat visitor use its expertise to establish a definition commercial air tour aircraft and experience at such a spectacular and of the substantial restoration of natural transient and general aviation operation. noted backcountry vista site.’’ Finally, quiet. NPS determined that substantial The FAA corrects that error in this this commenter says that FFZs need to restoration of natural quiet required that rulemaking by making the Fossil be large or they do not work and over 50% of the GCNP should be quiet Canyon Corridor available only to recommends enlargement of the Marble 75–100% of the time. The NPS in its transient and general aviation Canyon corridor and Powell Plateau 1994 Report to Congress to set forth the operations at a flight altitude of 10,500 area. methods it would consider to achieve its goal of substantial restoration of natural feet MSL and above. Clark County Department of Aviation quiet. The FAA, consistent with the says that Congress did not give the FAA Delay of Rulemaking direction of the statute, implements NPS the power to arbitrarily limit airspace. Twin Otter International, Ltd., and its recommendations unless it has safety Clark County notes that the United affiliate, Grand Canyon Airlines, concerns with the recommendations. States Court of Appeals for the District comments that the proposals should be Thus the statute and the NPS of Columbia Circuit recently stressed withdrawn. These commenters state that recommendations provide guiding the need for agencies to identify they are prepared to pursue every principles for the agencies remedy available to stop these ‘‘intelligible principles’’ guiding their implementing the regulations effecting proposals. actions under power delegated by the statutory goal. Additionally, the The Arizona Corporation Commission Congress. American Trucking Assn v. FAA has developed standards in its expresses concern over the lack of state EPA, No. 97–1440 D.C. Cir. 1999. Clark relations with the Native American input into the proposed rules to further County states that the FAA must Tribes and Nations and, as explained in restrict the air tour industry at GCNP. carefully revisit its decision to avoid the Final Supplemental Environmental The Commission expresses that the creating a precedent that could affect Assessment, Chapter 4 (Sections Grand Canyon is an extremely flights over thousands of sites across the regarding Noise and Department of important component of Arizona’s West for which some cultural, historic Transportation Section 4(f)), the FAA tourism industry. It believes that the and/or religious claim could be made. has used the same criteria in these same consideration should be given to Arizona Raft Adventures says that rulemakings as were used in evaluating Arizona officials that the FAA gave to there appears to be modest the expansion of arrivals into Los Colorado officials in banning air tours improvement on some of the Angeles International Airport. See over Rocky Mountain National Park. reconfiguration of air tour routes, Morongo Band of Mission Indians v. especially as pertains to the Colorado FAA, 161 F.3d 569 (9th Cir. 1998). FAA response and final rule action: River in Marble Canyon (flights would The FAA believes that Twin Otter’s be further away from the rim of the Extending the SFRA East and Modifying comment is directed to changes in the Marble Platform); the route which the Desert View FFZ route structure and limitations on passes between the Bright Angel and The FAA received a number of operations rather than the minor Zuni corridors; and the National Canyon comments opposing the SFRA changes to the SFRA and FFZs of this area (routes have moved south, expansion. AOPA also raises the issue rulemaking. providing relief to the Havasupai). The that if hazardous weather or flight In response to the Arizona commenter points out, however, that conditions required a route change that Commission, the FAA finds that this there are other compromises, such as might penetrate the boundaries or final rule does no harm to the Arizona effects on Point Sublime, Point Imperial, transition area, the GCNP ‘‘has no tourist industry. The modification to the and Saddle Mountain. This commenter controlling authority to contact for Sanup FFZ to accommodate two routes concurs with others who call for the permission.’’ This commenter states that through the center of the park and the elimination of the Dragon corridor. general aviation traffic will have proposed extension of the SFRA do not difficulty safely avoiding the Sunny FAA response and final rule action: restrict commercial air tours. The FAA Military Operations Area (MOA) and has responded to the issues of changed The route structure for GCNP is being ‘‘legally avoiding the SFRA when flying routes and limits on operations in the addressed in a separate disposition of from the south to destinations such as appropriate documents published comments document that is being Tuba City and Page.’’ AOPA concurrently in the Federal Register. published concurrently with this final recommends modifying the Thus the FAA does not believe it is rule. southeastern boundary ‘‘to allow at least

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations 17739 five (5) nautical miles of airspace View FFZ five miles east thus offering substantial restoration of natural quiet between the boundary of the SFRA and some protection to the Little Colorado still had not been met. the Sunny MOA.’’ Moreover, AOPA also River and important Native American Sunrise Airlines states that the finds that this change is outside scope cultural sites. expansion of the SFRA to the south will of Pub. L. 100–91 which relates to benefit the Bright Angel FFZ by placing FAA Response and Final Rule Action: restoration of natural quiet, not aircraft further from this zone and protection of Native American The FAA proposed the SFRA and therefore should be adopted west of the Traditional Cultural Properties. Desert View FFZ expansion to improve Zuni Point Corridor but not east of the EAA comments that moving the SFRA the safe navigation of general aviation Zuni Point Corridor where there is no boundary as well as the Desert View pilots, to realign the Desert View FFZ benefit. FFZ to the east imposes air space with the GCNP boundaries, and to The environmental coalition opposes regulations on the Navajo Nation that protect TCPs. The FAA agrees that the the addition of an ‘‘incentive corridor’’ did not previously exist. EAA further proposed action could be perceived as through the Bright Angel FFZ. These comments that this proposal pushes GA forcing general aviation traffic closer to associations state that rather than flights too close to the Sunny MOA. the Sunny MOA and compromise safety, allowing quiet aircraft to fly on more Some commenters state that this is an especially in inclement weather. routes, quieter aircraft should be used to unnecessary infringement on the limited Further, it was not the intent of the meet the existing substantial restoration National Airspace available for public proposal to establish a FFZ over non- requirement. park land. use. FAA response and final rule action: Comments from general aviation Therefore, in this final rule the Desert pilots indicate that they do not want to View FFZ’s eastern boundary will be The FAA reiterates its commitment to see the boundaries of the Desert View moved back to the GCNP boundary. The an incentive corridor as stated in NPRM FFZ expanded to the east because the SFRA boundary is moved 5 miles to the 96–15, Noise Limitations for Aircraft canyons of the Little Colorado are a de east as proposed. Additionally, the FAA Operations in the Vicinity of Grand facto flyway, serving as the obvious has modified the southeastern portion of Canyon National Park. Adoption of such entrance point to Grand Canyon airport the SFRA to allow three and a half (31⁄2) a corridor is consistent with the from the east. nautical miles between the boundary of Comprehensive Noise Management AirStar Helicopters says that the the SFRA and the Sunny MOA. The Plan, which ‘‘will address the best extension of the Desert View FFZ will FAA finds that this action in the final available technology, provision of have a negative economical impact on rule both protects the confluence of the appropriate incentives for investing in the Navajo Nation through loss of Little Colorado River and allows for safe quieter aircraft, and appropriate business and will add cost to operators general aviation transit through the area. treatment for operators that have already with the additional miles being flown. To operate safely in the vicinity of a made such investments.’’ (62 FR 69338: Likewise, a film industry spokesman MOA, general aviation operators should December 31, 1996) However, the Bright from Locations Southwest comments contact the appropriate flight service Angel corridor cannot be used until the that he works with the Navajo and station to stay aware of actions in the standards for quiet technology are Hualapai in filming areas outside the MOA. The FAA also reminds general developed. jurisdiction of GCNP. His concern is aviation visitors to GCNP that a In this final rule the FAA retains the that the extension of the Desert view provision for deviations into the SFRA Bright Angel Corridor for future used by FFZ may adversely affect his ability to is provided in section 93.305 for quiet technology aircraft once quiet film and thus affect the income of the emergencies and other safety of flight technology is defined in a subsequent two tribes. Papillon Helicopters situations. final rule. Additionally, the location of comments that the Navajo tribe will lose this incentive corridor would overlie the fees paid in compensation for access to Bright Angel FFZ current location of the Black 1A and their lands. Such fees would now go to The FAA received several comments Green 1A routes. Consequently, the the NPS. from air tour operators who maintain coordinates for this incentive corridor Sunrise Airlines comments that the that the failure to immediately have been further defined using North proposed easterly expansion does not implement a quiet aircraft incentive American Datum 83 (NAD 83) versus provide a benefit to the GCNP and route creates a disincentive to NAD 27. This new defined area will therefore the boundaries should not be development of quiet aircraft technology place the incentive corridor .6 to .8 moved easterly from its current location. and imposes a burden on operators that nautical miles north of the coordinates This commenter disagrees with the have already acquired quiet aircraft. that were proposed in Notice 97–6. expansion of the Desert View FFZ. Furthermore, these commenters state Although accommodating the concerns that the Bright Angel corridor would Editorial Corrections of the Native Americans may seem to be improve flight safety by giving air tour The FAA corrects an inadvertent error ‘‘the right thing to do’’; it is not operators the ability to fly a safer route in the Toroweap/Shinumo FFZ. In consistent with the intent of Pub. L. at a lower altitude. Without the Bright SFAR 50–2, a portion of the airspace in 100–91. Expanding the Desert View FFZ Angel corridor operators must fly over the vicinity of the Hualapai Reservation does nothing to restore natural quiet in Saddle Mountain Wilderness Area was inadvertently included as part of the National Park, and the proposed which is a longer route over higher the Toroweap FFZ, which was easterly expansion of the FFZ is entirely terrain and increases aircraft direct subsequently combined into the outside the GCNP. This commenter operating costs by 20%. Toroweap/Shinumo FFZ in the 1996 posits that creating an FFZ outside the The Grand Canyon River Guides final rule (61 FR 69331). The FAA never GCNP boundaries will set a very Association opposes the proposed intended to extend the FFZ over the dangerous precedent giving implied future incentive route for noise-efficient Hualapai Reservation. Therefore, a small rights to land owners. aircraft through the Bright-Angel FFZ circular area in the southeast portion of The environmental coalition supports because FFZs should be flight-free. The that FFZ, near Toroweap Overlook, is expanding the SFRA east onto the FAA and NPS should not even consider removed. This will allow the boundaries Navajo Nation and extending the Desert such routes while the minimum goal of of the Toroweap/Shinumo FFZ to

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 17740 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations coincide with the boundaries of the the Draft SEA were to be received on or final rule (61 FR 69302). This analysis Hualapai Reservation. before September 7, 1999. therefore, is concerned only with the On December 31, 1996 the FAA Comments received in response to costs associated with the modifications published the Special Flight Rules in this Notice of Availability have been to the reconfigurations. the Vicinity of Grand Canyon National addressed in the final SEA published Park final rule. The final rule amended concurrently with this final rule. Based Special Flight Rules Area part 93 of Title 14, Code of Federal upon the final SEA and careful review The SFAR 50–2 Black 2 and Black 3 Regulations (14 CFR), by adding a new of the public comments to the draft routes currently used are the only air subpart to codify the provisions of SEA, the FAA has determined that a tour routes that will be affected by the Special Federal Aviation Regulation finding of no significant impact (FONSI) concomitant eastward shifts of the (SFAR) 50–2, Special Flight Rules in the is warranted. The final SEA and the SFRA. The Black 2 route extends mostly Vicinity of Grand Canyon National Park, FONSI were issued in February 2000. over plateau, not the Canyon, and is AZ. However, the December 31, 1996 Copies have been placed in the public utilized as an access route to the Black final rule contained a typographical docket for this rulemaking, have been 1 tour route over the Canyon. The Black error that inadvertently moved a portion circulated to interested parties, and may 2 route is not a prominent feature of any of the northwestern boundary of the be inspected at the same time and air tour. Information provided for the SFRA of the GCNP. This error causes a location as this final rule. base year indicates that only one certain air tour route (Green 4) to fall Economic Summary operator utilized the Black 2 route to partially outside of the SFRA. conduct air tours of the Grand Canyon. Any changes to Federal regulations Further, in describing the SFRA Similarly, the Black 3 route is more of must undergo several economic around the Peach Springs VORTAC, a an access within the SFRA to the more analyses. First, Executive Order 12866 typographical error of ten seconds in scenic Black 1 air tour route. Operators directs that each Federal agency shall Latitude caused the SFRA not to be accessing the Grand Canyon via the propose or adopt a regulation only upon adjoined in this area. Black 3 route, however, split south at a reasoned determination that the The Tuweep Airstrip was Imperial Point and remain on the Black benefits of the intended regulation unintentionally left out of SFAR 50–2. 1 route through the Zuni Point Corridor. This omission causes the Tuweep justify its costs. Second, the Regulatory Airstrip not to have charted information Flexibility Act of 1980 requires agencies The FAA believes that a shift in the regarding general operating procedures to analyze the economic effect of Black 2 route eastward resulting from used within 3 nautical miles and below regulatory changes on small entities. the eastward shift in the SFRA by five 3,000 feet above the airport’s elevation. Third, the Office of Management and nautical miles will serve only to realign This action corrects those errors by Budget directs agencies to assess the the access/approach to the Black 1 tour revising the legal description of the effect of regulatory changes on route. It will not alter the tour offerings SFRA boundary as described in section international trade. A regulatory of the individual operator discussed 93.301, and adding the Tuweep Airstrip evaluation of the proposal is in the above, and any changes in the operator’s to section 93.309(f). docket. variable operating costs resulting from Because of the continued high public adding five nautical miles to the overall SFAR 50–2 interest surrounding GCNP regulations air tour (about 2–3 minutes) are SFAR 50–2 is removed in this final and the potential implications within a negligible. Similarly, the FAA believes rule as of December 1, 2000. At that small locality, the FAA has determined there will be no impact on the operators time the airspace modifications of this that this final rule will be ‘‘a significant entering the SFRA on the Black 3 route final rule will become effective to regulatory action’’ as defined in the to conduct air tours of the Canyon. The accommodate the new Blue Direct North Executive Order and the Department of eastward extension of the SFRA by five and Blue Direct South routes. The FAA Transportation Regulatory Policies and nautical miles will not necessarily add has determined that delaying Procedures (44 FR 11034; February 26, distance and time to the tours using the implementation until December 1, 2000, 1979). The FAA, however, has Black 3, but rather, it will tend to will enable the air tour operators to determined that this final rule will not substitute distance and time in ensure sufficient training on the new have a significant economic impact on controlled airspace for distance and routes during a time period outside their a substantial number of small entities time in unrestricted airspace. Therefore, peak season. Therefore, SFAR 50–2 is (commercial air tour operators the FAA concludes that the costs for removed, effective December 1, 2000. conducting flights within Grand Canyon this part of the final rule are de National Park), and does not warrant minimus. However, as discussed in the Environmental Review further regulatory flexibility action. comments section to the Regulatory The FAA, in cooperation with NPS Accordingly, pursuant to the Regulatory Evaluation, Southwest Safaris may and the Hualapai Indian Tribe, prepared Flexibility Act, 5 U.S.C. 605(b), the experience a cost impact due to the a Draft Supplemental Environmental Federal Aviation Administration SFRA shift and the route change. The Assessment (SEA) for the proposed certifies that this rule will not have a FAA can not assess the specific impact rules to assure conformance with the significant economic impact on a of the shift because it has not received National Environmental Policy Act substantial number of small entities. In data from Southwest Safaris to (NEPA) of 1969, as amended, and other addition, the final rule will not have a document the number of air tours applicable environmental laws and significant impact on international conducted during May 1, 1997–April regulations. Copies of the Draft SEA trade. 30, 1998. were circulated to interested parties and Bright Angel Flight-Free Zone placed on the Docket, where it was Costs available for review. On July 9, 1999, The costs associated with the The FAA is establishing the Bright the Notice of Availability of the SEA for reconfiguration of the Desert View and Angel corridor for future use by quiet the Proposed Actions Relating to the Bright Angel Flight-free Zones (FFZ) as technology aircraft. Readers must GCNP was published in the Federal described in 14 CFR 93.305, were understand that until a standard for Register (64 FR 37192). Comments on accounted for in the December 31, 1996 quiet technology aircraft is developed

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations 17741 and adopted, this corridor will not be without additional information in any one year by State, local, and available for use. regarding the air tour route alternative. tribal governments in the aggregate, or by the private sector. Section 204(a) of The Bright Angel incentive corridor is Regulatory Flexibility Analysis parallel to the route that is currently the Act, 2 U.S.C. 1534(a), requires the depicted on the Grand Canyon VFR The Regulatory Flexibility Act of 1980 Federal agency to develop an effective Aeronautical Chart as the Green 1A and estimates ‘‘as a principle of regulatory process to permit timely input by Black 1A, or Alpha routes. This corridor issuance that agencies shall endeavor, elected officers (or their designees) of will be available in the future only to consistent with the objective of the rule State, local, and tribal governments on noise efficient/quiet technology aircraft. and applicable statutes, to fit regulatory a proposed ‘‘significant Currently, the FAA and the NPS have and informational requirements to the intergovernmental mandate.’’ A not defined what is a noise efficient/ scale of the business, organizations, and ‘‘significant intergovernmental quiet technology aircraft. Consequently, governmental jurisdictions subject to mandate’’ under the Act is any the route will not be available for regulation.’’ To achieve that principal, provision in a Federal agency regulation immediate use except in weather the Act requires agencies to solicit and that would impose an enforceable duty emergencies but potentially should be consider flexible regulatory proposals upon State, local and tribal governments available for use in the future. and to explain the rational for their in the aggregate of $100 million actions. The Act covers a wide-range of (adjusted annually for inflation) in any Other Areas small entities, including small one year. Section 203 of the Act, 2 The Sanup FFZ will be modified to businesses, not-for-profit organizations U.S.C. 1533, which supplements section accommodate the new route system and small governmental jurisdictions. 204(a), provides that, before establishing contained in the concurrent Notice of Agencies must perform a review to any regulatory requirements that might Route Availability. No estimated costs determine whether a proposed or final significantly or uniquely affect small are associated with this alternative. In rule will have a significant economic governments, the agency shall have addition, no estimated costs are impact on a substantial number of small developed a plan, which, among other associated with reopening the Fossil entities. If the determination is that it things, must provide for notice to Canyon Corridor. will, the agency must prepare a potentially affected small governments, regulatory flexibility analysis (RFA) as if any, and for a meaningful and timely Cost Summary described in the Act. However. if an opportunity for these small governments The FAA estimates that any costs agency determines that a proposed or to provide input in the development of associated with the SFRA expansion of final rule is not expected to have a regulatory proposals. five nautical miles to the east will be de significant economic impact on a This final rule does not contain any minimus, except, possibly, in the case of substantial number of small entities, Federal intergovernmental or private Southwest Safaris, based on the same section 605(b) of the 1980 act provides sector mandates. Therefore, the reasoning as previously stated. Also, the that the end of the agency may so certify requirements of Title II of the Unfunded FAA determines that the modification to and an RFA is not required. The Mandates Reform Act of 1995 do not the Sanup FFZ, and the reopening of the certification must include a statement apply. providing the factual basis for this Fossil Canyon Corridor will result in no International Compatibility additional costs. The potential cost of determination, and the reasoning should The FAA has reviewed corresponding the incentive corridor through the be clear. This final rule will only have a de International Civil Aviation Bright Angel FFZ cannot be estimated at minimus cost impact on the certificate Organization standards and this time. The potential cost will be holders for whom cost have been recommended practices and Joint estimated in a future regulatory estimated. Accordingly, pursuant to the Aviation Authorities requirements and evaluation for the rulemaking that Regulatory Flexibility Act, 5 U.S.C. has identified no comparable defines noise efficient/quiet technology 605(b), the Federal Aviation amendments in foreign regulations. aircraft. Administration certifies that this rule International Trade Impact Analysis Benefits will not have a significant economic impact on a substantial number of small In accordance with the OMB The primary benefit associated with entities. memorandum dated March 1983, this final rule is a reduction of Federal agencies engaged in rulemaking circumnavigation costs for general International Trade Impact Assessment activities are required to assess the aviation operators. The potential benefit The FAA has determined that the effects of regulatory changes on of the incentive corridor through the final rule will have no affect on non- international trade. The modification to Bright Angel FFZ cannot be estimated at U.S. operators of foreign aircraft the FFZs and SFRA in Grand Canyon this time. The potential benefits will be operating outside the United States nor National Park of this final rule do not estimated in a future regulatory will it have an affect on U.S. trade or impact international trade for the air evaluation for the rulemaking that trade relations. tour operators, Native Americans, and defines noise efficient/quiet technology park visitors affected by this final rule. aircraft. Unfunded Mandates Assessment The reopening of the Fossil Canyon Title II of the Unfunded Mandates Federalism Implications Corridor will reduce circumnavigation Reform Act of 1995 (the Act), enacted as The FAA has analyzed this proposed costs for GA operators. The expansion of Public Law 104–4 on March 22, 1995, rule under the principles and criteria of the eastern boundary of the SFRA requires each Federal Agency, to the Executive Order 13132, Federalism. The addresses certain concerns of the Native extend permitted by law, to prepare a FAA has determined that this action Americans in that area while at the written assessment of the effects of any will not have a substantial direct effect same time posing no perceived Federal mandate in a proposed or final on the States, on the relationship additional costs on operators. Benefits agency rule that may result in the between the National Government and associated with the modification to the expenditure of $100 million or more the States, or on the distribution of Sanup FFZ cannot be quantified (when adjusted annually for inflation) power and responsibilities among the

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 17742 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations various levels of government. Therefore, PART 93ÐSPECIAL AIR TRAFFIC 4.3-nautical mile radius of the Grand the FAA has determined that this final RULES AND AIRPORT TRAFFIC Canyon National Park Airport reference rule will have the sufficient federalism PATTERNS point (Lat. 35°57′08″ N., Long. implications to warrant the preparation 112°08′49″ W.) to the point of origin. of a Federalism Assessment. 5. The authority citation for part 93 7. Sections 93.305 and 93.307 continues to read as follows: published on December 31, 1996 (61 FR Paperwork Reduction Act Authority: 49 U.S.C. 106(g), 40103, 40106, 69330), corrected at 62 FR 2445 (January The Paperwork Reduction Act of 1995 40109, 40113, 44502, 44514, 44701, 44719, 16, 1997), and delayed at 65 FR 5397 requires that agencies consider the 46301. (February 3, 2000) becomes effective impact of paperwork and other 6. Section 93.301 is revised to read as December 1, 2000. information collection burdens imposed follows. This supersedes § 93.301 8. Section 93.305 is amended by on the public. Under the Act, no person published on December 31, 1996 (61 FR revising paragraph (a), by revising the is required to respond to a collection of 69330) and delayed until January 31, last sentence and adding a new sentence information unless it displays a valid 2001 (65 FR 5397, February 3, 2000). to the end of paragraph (b), by revising Office of Management and Budget paragraph (c), and by revising paragraph (OMB) control number. § 93.301 Applicability. (d) to read as follows: There are no requirements for This subpart prescribes special information collection associated with operating rules for all persons operating § 93.305 Flight-free zones and flight this proposed rule that would require aircraft in the following airspace, corridors. approval under the Act. designated as the Grand Canyon * * * * * National Park Special Flight Rules Area: (a) Desert View Flight-free Zone. That List of Subjects That airspace extending from the airspace extending from the surface up 14 CFR Parts 91, 121, and 135 surface up to but not including 18,000 to but not including 14,500 feet MSL within an area bounded by a line Aircraft, Airmen, Aviation Safety. feet MSL within an area bounded by a line beginning at Lat. 35°55′12″ N., beginning at Lat. 35°59′58″ N., Long. 14 CFR Part 93 Long. 112°04′05″ W.; east to Lat. 111°52′47″ W.; thence east to Lat. ° ′ ″ ° ′ ″ Air traffic control, Airports, 35°55′30″ N., Long. 111°45′00″ W.; to 36 00 00 N., Long. 111 51 04 W.; ° ′ ″ Navigation (Air), Reporting and Lat. 35°59′02″ N., Long. 111°36′03″ W.; thence north to 36 00 24 N., Long. ° ′ ″ ° ′ ″ recordkeeping requirements. north to Lat. 36°15′30″ N., Long. 111 51 04 W.; thence east to 36 00 24 111°36′06″ W.; to Lat. 36°24′49″ N., N., Long. 111°45′44″ W.; thence north Adoption of Amendments Long. 111°47′45″ W.; to Lat. 36°52′23″ along the GCNP boundary to Lat. ° ′ ″ ° ′ ″ For the reasons set forth above, the N., Long. 111°33′10″ W.; west-northwest 36 14 05 N., Long. 111 48 34 W.; ° ′ ″ Federal Aviation Administration to Lat. 36°53′37″ N., Long. 111°38′29″ thence southwest to Lat. 36 12 06 N., ° ′ ″ amends parts 91, 93, 121, and 135 of W.; southwest to Lat. 36°35′02″ N., Long. 111 51 14 W.; to the point of Title 14 of the Code of Federal Long. 111°53′28″ W.; to Lat. 36°21′30″ origin; but not including the airspace at Regulations, effective December 1, 2000, N., Long. 112°00′03″ W.; west-northwest and above 10,500 feet MSL within 1 ° ′ ″ ° ′ ″ as follows: to Lat. 36 30 30 N., Long. 112 35 59 nautical mile of the western boundary of W.; southwest to Lat. 36°24′46″ N., the zone. The corridor to the west PART 91ÐGENERAL OPERATING AND Long. 112°51′10″ W., thence west along between the Desert View and Bright FLIGHT RULES the boundary of Grand Canyon National Angel Flight-free Zones, is designated Park (GCNP) to Lat. 36°14′08″ N., Long. the ‘‘Zuni Point Corridor.’’ This corridor 1. The authority citation for part 91 113°10′07″ W.; west-southwest to Lat. is 2 nautical miles wide for commercial continues to read as follows: 36°09′30″ N., Long. 114°03′03″ W.; air tour flights and 4 nautical miles Authority: 49 U.S.C. 106(g), 40103, 40113, southeast to Lat. 36°05′11″ N., Long. wide for transient and general aviation 40120, 44101, 44111, 44701, 44709, 44711, 113°58′46″ W.; thence south along the operations. 44712, 44715, 44716, 44717, 44722, 46306, boundary of GCNP to Lat. 35°58′23″ N., (b) * * * This corridor is 2 nautical 46315, 46316, 46502, 46504, 46506–46507, Long. 113°54′14″ W.; north to Lat. miles wide for commercial air tour 47122, 47508, 47528–47531. 36°00′10″ N., Long. 113°53′48″ W.; flights and 4 nautical miles wide for PART 121 [AMENDED] northeast to Lat. 36°02′14″ N., Long. transient and general aviation 113°50′16″ W.; to Lat. 36°02′17″ N., operations. The Bright Angel Flight-free 2. The authority citation for part 121 Long. 113°53′48″ W.; northeast to Lat. Zone does not include the following continues to read as follows: 36°02′14″ N., Long. 113°50′16″ W.; to airspace designated as the Bright Angel Authority: 49 U.S.C. 106(g), 40113, 40119, Lat. 36°02′17″ N., Long. 113°49′11″ W.; Corridor: That airspace one-half nautical 444101, 44701–44702, 44705, 44709–44711, southeast to Lat. 36°01′22″ N., Long. mile on either side of a line extending 44713, 44716–44717, 44722, 44901, 44903– 113°48′21″ W.; to Lat. 35°59′15″ N., from Lat. 36°14′57″ N., Long. 112°08′45″ 44904, 44912, 46105. Long. 113°47′13″ W.; to Lat. 35°57′51″ W. and Lat. 36°15′01″ N., Long. N., Long. 113°46′01″ W.; to Lat. ° ′ ″ PART 135 [AMENDED] 111 55 39 W. 35°57′45″ N., Long. 113°45′23″ W.; (c)Toroweap/Shinumo Flight-free 3. The authority citation for part 135 southwest to Lat. 35°54′48″ N., Long. Zone. That airspace extending from the continues to read as follows: 113°50′24″ W.; southeast to Lat. surface up to but not including 14,500 35°41′01″ N., Long. 113°35′27″ W.; feet MSL within an area bounded by a Authority: 49 U.S.C. 106(g), 40113, 44701– ° ′ ″ 44702, 44705, 44709, 44711–44713, 44715– thence clockwise via the 4.2-nautical line beginning at Lat. 36 05 44 N., 44717, 44722. mile radius of the Peach Springs Long. 112°19′27″ W.; north-northeast to VORTAC to Lat. 36°38′53″ N., Long. Lat. 36°10′49″ N., Long. 112°13′19″ W.; SFAR No. 50±2 [Removed] 113°27′49″ W.; northeast to Lat. to Lat. 36°21′02″ N., Long. 112°08′47″ 4. In parts 91, 121, and 135, Special 35°42′58″ N., Long. 113°10′57″ W.; north W.; thence west and south along the Federal Aviation Regulation No. 50–2, to Lat. 35°57′51″ N., Long. 113°11′06″ GCNP boundary to Lat 36°10′58″ N., the text of which appears at the W.; east to Lat. 35°57′44″ N., Long. Long. 113°08′35″ W.; south to Lat. beginning of part 91, is removed. 112°14′04″ W.; thence clockwise via the 36°10′12″ N., Long. 113°08′34″ W.;

VerDate 202000 16:06 Apr 03, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\04APR3.SGM pfrm08 PsN: 04APR3 Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / Rules and Regulations 17743 thence in an easterly direction along the W.; to Lat. 35°57′52″ N., Long. (b) Unless necessary to maintain a park boundary to the point of origin; but 113°39′34″ W.; to Lat. 35°56′44″ N., safe distance from other aircraft or not including the following airspace Long. 113°39′07″ W.; to Lat. 35°56′04″ terrain, proceed through the Zuni Point, designated as the ‘‘Tuckup Corridor’’: at N., Long. 113°39′20″ W.; to Lat. Dragon, Tuckup, and Fossil Canyon or above 10,500 feet MSL within 2 35°55′02″ N., Long. 113°40′43″ W.; to Flight Corridors described in § 93.305 at nautical miles either side of a line Lat. 35°54′47″ N., Long. 113°40′51″ W.; the following altitudes unless otherwise extending between Lat. 36°24′42″ N., southeast to Lat. 35°50′16″ N., Long. authorized in writing by the Flight Long. 112°48′47″ W. and Lat. 36°14′17″ 113°37′13″ W.; thence along the park Standards District Office: ° ′ ″ N., Long. 112 48 31 W. The airspace boundary to the point of origin. (1) Northbound. 11,500 or 13,500 feet designated as the ‘‘Fossil Canyon * * * * * MSL. Corridor’’ is also excluded from the 9. Section 93.307 is amended by Toroweap/Shinumo Flight-free Zone at (2) Southbound. 10,500 or 12,500 feet revising the heading for paragraphs MSL. or above 10,500 feet MSL within 2 (a)(1) and (b)(1) and adding a new * * * * * nautical miles either side of a line paragraph (b)(2)(iv) to read as follows: extending between Lat. 36°16′26″ N., (f) Is conducted within 3 nautical Long. 112°34′35″ W. and Lat. 36°22′51″ § 93.307 Minimum flight altitudes. miles of Grand Canyon Bar Ten Airstrip, N., Long. 112°18′18″ W. The Fossil (a) * * * Pearce Ferry Airstrip, Cliff Dwellers Canyon Corridor is to be used for (1) Commercial air tours— Airstrip, Marble Canyon Airstrip, or transient and general aviation * * * * * Tuweep Airstrip at an altitude less than operations only. (a) * * * 3,000 feet above airport elevation, for (d) Sanup Flight-free Zone. That (1) Commercial Air tours— *** the purpose of landing at or taking off airspace extending from the surface up (2) * * * from that facility; or to but not including 8,000 feet MSL (iv) Fossil Canyon Corridor. 10,500 * * * * * within an area bounded by a line feet MSL. beginning at Lat. 35°59′32″ N., Long. Issued in Washington, DC, on March 28, 10. Section 93.309 is amended by 2000. 113°20′28″ W.; west to Lat. 36°00′55″ N., revising paragraphs (b) and (f) to read as Jane F. Garvey, Long. 113°42′09″ W.; southeast to Lat. follows: 35°59′57″ N., Long. 113°41′09″ W.; to Administrator. Lat. 35°59′09″ N., Long. 113°40′53″ W.; § 93.309 General operating procedures. [FR Doc. 00–7950 Filed 3–28–00; 4:59 pm] to Lat. 35°58′45″ N., Long. 113°40′15″ * * * * * BILLING CODE 4910±13±M

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