[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Proposed Rules]
[Page 38233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18833]



[[Page 38233]]

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DEPARTMENT OF TRANSPORATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. 28902; Notice No. 97-6]
RIN 2120-AG38


Establishment of Corridors in the Grand Canyon National Park 
Special Flight Rules Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing an NPRM that was published on May 15, 
1997 (62 FR 26902), which proposed to amend two of the Flight-Free 
Zones within the Grand Canyon National Park (GCNP) by establishing two 
corridors through the Flight-free Zones (Notice No. 97-6). The first 
corridor through the Bright Angel Flight-free Zone would have been an 
incentive corridor to be used only by the most noise efficient 
aircraft. The second corridor in the Torroweap/Shinumo Flight-free Zone 
through the National Canyon area would create a viable air tour route 
in the central section of the Park while addressing some concerns of 
the Native Americans. The FAA, in consultation with the National Park 
Service (NPS), is withdrawing this NPRM because the agencies have 
determined not to proceed with an air tour route in the vicinity of 
National Canyon and are presently considering alternatives to this 
route. The FAA will addres all substantive comments filed in response 
to Notice 97-6 in the near future.

DATES: The proposed rule at 62 FR 26902 is withdrawn July 10, 1998.

FOR FURTHER INFORMATION CONTACT: Dave Metzbower, Office of Flight 
Standards, Air Transporation Division (AFS-200), 800 Independence 
Avenue, S.W., Washington, DC 20591, telephone (202) 267-3724.

SUPPLEMENTARY INFORMATION:

Background

    On December 31, 1996, the FAA published in the Federal Register 
three concurrent actions a Notice of Proposed Rulemaking (61 FR 69334), 
a Notice of Availability of Proposed Commercial Air Tour Routes (61 FR 
69356), and a Final Rule (61 FR 69302). These actions were part of an 
overall strategy to reduce further the impact of aircraft noise on the 
park environment and to assist the NPS in achieving the statutory 
mandate imposed by Public Law 100-91.
    Based on comments received during the comment period for the Notice 
of Availability of Proposed Commercial Routes, the FAA received 
valuable information from commenters, as well as suggestions for 
alterations and refinements of the route structure from officials of 
the GCNP and NPS that could potentially produce noise reduction 
benefits. Furthermore, comments submitted by the air tour operators, 
the environmentalists, and the Native Americans on the National Canyon 
corridor in the NPRM led the FAA to conclude that the Natioal Canyon 
air tour routes was not a viable option.
    As a result of teh comments received on both notices, the FAA 
issued a new proposed route structure concurrent with the issuance of a 
second NPRM (Notice No. 97-6) (62 FR 26902; May 15, 1997), which 
included a revised National Canyon corridor.
    The revised National Canyon route proposed in Notice 97-6 was 
designed to provide a viable air tour route through the center of the 
canyon while at the same time providing mitigation of the effects of 
noise over Havasupai cultural and sacred sites. Because it was designed 
to be used only by the quietest technology aircraft for westbound 
traffic after December 31, 2001, the Natioal Canyon route was found to 
provide noise mitigation. The proposed Bright Angel Corridor for use by 
quietest technology aircraft was crafted as an incentive for operators 
to convert to quiet technology. The comment period for Notice No. 97-6 
closed June 16, 1997, and approximaely 142 comments were received.
    The FAA, in consultation with the NPS, has determined not to 
proceed with the proposals set forth in Notice No. 97-6 at this time. 
The agencies are presently considering alternatives to the National 
Canyon area for air tour routes. Once the air tour route structure for 
GCNP has been determined, the FAA will issue a Notice of Availability 
of Proposed Routes and provide for notice and public comment on any 
associated rulemaking. The FAA recogizes its responsibility to address 
the comments filed in response to Notice 97-6 and will do so in the 
near future. However, in order to faciliate the development of the air 
tour route structure, the FAA is withdrawing the NPRM now and will 
dispose of the comments in a separate document. In a companion document 
to this NPRM withdrawal published elsewhere in this issue of the 
Federal Register, the FAA has amended the proposed rule, Notice No. 96-
15, to remove the two sections that first proposed a National Canyon 
corridor.

Environmental Review

    In conjunction with Notice 97-6, the FAA reevaluated the December 
1996 Final Environmental Assessment/Finding of No Significant Impact 
(1996 Final EA/FONSI) for the Special Flight Rules in the Vicinity of 
Grand Canyon National Park to determine whether the proposed changes in 
NPRM 97-6 of the second Notice of Availability of Proposed Routes, 
published concurrently, were substantial so as to warrant preparation 
of additional environemntal documentation. The FAA determined that the 
conclusions in the 1996 Final EA/FONSI were still substantially valid. 
Once the air tour route structure is determined, the FAA will conduct 
the appropriate environmental review and provide for notice and public 
comment.

Witdrawal of Proposed Rule

    Accodingly, Notice No. 97-6 published in the Federal Register on 
May 15, 1997 (62 FR 26902) is withdrawn.

    Issued in Washington, DC on July 10, 1998.
Richard O. Gordon,
Director, Flight Standards Service.
[FR Doc. 98-18833 Filed 7-10-98; 12:52 pm]
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