[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]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
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
