69302 Federal Register / Vol. 61, No. 252 / December 31, 1996 / Rules and Regulations DEPARTMENT OF TRANSPORTATION William J. Marx, Manager, affect aviation safety. After the FAA Environmental Programs Division, determined that some of the DOI Federal Aviation Administration ATA±300, Office of Air Traffic Airspace recommendations would adversely Management, Federal Aviation affect aviation safety, the 14 CFR Parts 91, 93, 121, and 135 Administration, 800 Independence recommendations were modified to [Docket No. 28537; Amendment Nos. 91± Avenue, SW., Washington, DC 20591; resolve those concerns. 253, 93±73, 121±262, 135±66] Telephone: (202) 267±3075. On May 27, 1988, the FAA issued SFAR No. 50±2 revising the procedures RIN 2120±AF93 SUPPLEMENTARY INFORMATION: for operation of aircraft in the airspace Special Flight Rules in the Vicinity of History above the Grand Canyon (53 FR 20264, Grand Canyon National Park Beginning in the summer of 1986, the June 2, 1988). SFAR No. 50±2 established a Special Flight Rules Area FAA initiated regulatory action to AGENCY (SFRA) from the surface to 14,499 feet : Federal Aviation address increasing air traffic over Grand above mean sea level (MSL) in the area Administration (FAA), DOT. Canyon National Park (GCNP). On of the Grand Canyon. The SFAR ACTION: Final rule. March 26, 1987, the FAA issued Special prohibited flight below a certain altitude Federal Aviation Regulation (SFAR) No. SUMMARY: This final rule is one part of in each of five sectors of this area, with 50 (subsequently amended on June 15, an overall strategy to further reduce the certain exceptions. The SFAR 1987; 52 FR 22734) establishing flight impact of aircraft noise on the park established four flight-free zones from regulations in the vicinity of the Grand environment and to assist the National the surface to 14,499 feet MSL covering Canyon. The purpose of the SFAR was Park Service in achieving its statutory large areas of the park. The SFAR to reduce the risk of midair collision, mandate, imposed by Public Law 100± provided for special routes for reduce the risk of terrain contact 91, to provide for the substantial commercial sightseeing operators, accidents below the rim level, and restoration of natural quiet and which are required to conduct reduce the impact of aircraft noise on experience in Grand Canyon National operations under part 135, as authorized the park environment. Park. This action is issued concurrently by special operations specifications. In 1987, Congress enacted Public Law Finally, the SFAR contained certain with: a Notice of Proposed Rulemaking (Pub. L.) 100±91, commonly known as regarding Noise Limitations for Aircraft terrain avoidance and communications the National Parks Overflights Act. requirements for flights in the area. Operations in the Vicinity of Grand Public Law 100±91 stated, in part, that Canyon National Park; a Notice of A second major provision of section 3 noise associated with aircraft overflights of Public Law 100±91 required the DOI Availability of Proposed Commercial at GCNP was causing ``a significant Air Tour Routes for Grand Canyon to submit a report to Congress ``* ** adverse effect on the natural quiet and discussing * * * whether [SFAR No. National Park and Request for experience of the park and current Comments; and the Environmental 50±2] has succeeded in substantially aircraft operations at the Grand Canyon restoring the natural quiet in the park; Assessment issued with this final rule. National Park have raised serious This action amends part 93 of the and * * * such other matters, including concerns regarding public safety, possible revisions in the plan, as may be Federal Aviation Regulations by adding including concerns regarding the safety a new subpart to codify the provisions of interest. The report was to include of park users.'' comments by the FAA ``regarding the of Special Federal Aviation Regulation Section 3 of Public Law 100±91 No. 50±2, Special Flight Rules in the effect of the plan's implementation on required the Department of the Interior aircraft safety.'' Public Law 100±91 Vicinity of Grand Canyon National Park; (DOI) to submit to the FAA modifies the dimensions of the Grand mandated a number of studies related to recommendations to protect resources the effect of overflights on parks. Canyon National Park Special Flight in the Grand Canyon from adverse Rules Area; establishes new and On September 12, 1994, the DOI impacts associated with aircraft submitted its final report and modifies existing flight-free zones; overflights. The law mandated that the recommendations to Congress. This establishes new and modifies existing recommendations: (1) Provide for report, entitled, ``Report on Effects of flight corridors; and establishes substantial restoration of the natural Aircraft Overflights on the National Park reporting requirements for commercial quiet and experience of the park and System'' (Report to Congress), was sightseeing companies operating in the protection of public health and safety published in July 1995. The Report to Special Flight Rules Area. In addition, from adverse effects associated with Congress recommended numerous to provide further protection for park aircraft overflight; (2) with limited revisions to SFAR No. 50±2 in order to resources, this final rule prohibits exceptions, prohibit the flight of aircraft substantially restore natural quiet in commercial sightseeing operations in below the rim of the canyon; and (3) GCNP. Recommendation No. 10, which the Zuni and Dragon corridors during designate flight-free zones except for is of particular interest to this certain time periods, and limits the purposes of administration and rulemaking, states: ``Improve SFAR 50± number of aircraft that can be used for emergency operations. 2 to Effect and Maintain the Substantial commercial sightseeing operations in In December 1987, the DOI Restoration of Natural Quiet at Grand the Grand Canyon National Park Special transmitted its ``Grand Canyon Aircraft Canyon National Park.'' This Flight Rules Area. Management Recommendation'' to the recommendation incorporated the EFFECTIVE DATE: May 1, 1997. FAA, which included both rulemaking following general concepts: FOR FURTHER INFORMATION CONTACT: Mr. and nonrulemaking actions. Public Law Simplification of the commercial Neil Saunders, Airspace and Rules 100±91 required the FAA to prepare and sightseeing route structure; expansion of Division, ATA±400, Office of Air Traffic issue a final plan for the management of flight-free zones; accommodation of the Airspace Management, Federal Aviation air traffic above the Grand Canyon, forecast growth in the air tour industry; Administration, 800 Independence implementing the recommendations of phased-in use of quieter aircraft Avenue, SW., Washington, DC 20591; the DOI without change unless the FAA technology; temporal restrictions Telephone: (202) 267±8783. For the determined that executing the (``flight-free'' time periods); use of the Environmental Assessment contact Mr. recommendations would adversely full range of methods and tools for Federal Register / Vol. 61, No. 252 / December 31, 1996 / Rules and Regulations 69303 problem solving; and institution of comments were summarized in the Comments received in response to changes in approaches to park NPRM published on July 31, 1996 (61 this Notice of Availability of the draft management, including the FR 40120; Notice 96±11). EA have been addressed in the final EA establishment of an acoustic monitoring published concurrently with this final President's Memorandum program by the National Park Service rule. (NPS) in coordination with the FAA. The President, on April 22, 1996, Public Meetings On June 15, 1995, the FAA published issued a Memorandum for the Heads of a final rule that extended the provisions Executive Departments and Agencies to On September 16±20, 1996, in of SFAR No. 50±2 to June 15, 1997 (60 address the significant impacts on Scottsdale, AZ, and Las Vegas, NV, the FR 31608). This action allowed the FAA visitor experience in national parks. FAA held public meetings to obtain sufficient time to review the NPS Specifically, the President directed the additional comment on the Notice 96± recommendations and to initiate and Secretary of Transportation to issue 11 and on the draft environmental complete appropriate rulemaking proposed regulations for GCNP that assessment. Comments and the action. would place appropriate limits on transcripts of these meetings have been placed in the rulemaking docket. Interagency Working Group sightseeing aircraft to reduce the noise immediately and make further The following information On December 22, 1993, Secretary of substantial progress towards restoration summarizes what occurred at the public Ä meetings on the Grand Canyon NPRM Transportation Federico Pena and of natural quiet, as defined by the Secretary of the Interior Bruce Babbitt and draft EA, held in Scottsdale, Secretary of the Interior, while formed an interagency working group Arizona, September 16 and 17, 1996, maintaining aviation safety in (IWG) to explore ways to limit or reduce and Las Vegas, Nevada, September 19 accordance with Public Law 100±91. the impacts from overflights on national and 20, 1996. parks, including GCNP. Secretary Notice of Proposed Rulemaking Draft Senator Reid of Nevada, by proxy in Babbitt and Secretary PenÄ a concurred Environmental Assessment Las Vegas, noted his opposition to the that increased flight operations at GCNP proposed rule. He indicated that 44 and