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DOT/FAA RIN: 2120-AF93 Publication ID: Spring 1997 
Title: Special Flight Rules in the Vicinity of the Grand Canyon National Park 
Abstract: In 1987, the Congress enacted P.L. 100-91, commonly known as the National Parks Overflights Act, which stated that noise associated with aircraft overflights at Grand Canyon National Park was causing "a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users." The law mandated a number of studies and required that subsequent recommendations provide for the substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with overflights. ^PIn March 1994, the FAA and the National Park Service issued an ANPRM seeking public comment on policy recommendations addressing the effects of aircraft overflights on National parks, including Grand Canyon National Park. The FAA received more than 30,000 comments. ^POn April 22, 1996, the President issued a memorandum directing the Secretary of Transportation to issue within 90 days; proposed regulations to place appropriate limits on sightseeing aircraft over the Grand Canyon National Park to reduce the noise immediately and make further substantial progress toward restoration of the natural quiet. The memorandum further directed that action on this rulemaking be completed by the end of 1996. ^POn July 31, 1996, the FAA published a notice of proposed rulemaking to provide a variety of options for the continued elimination of noise in the Grand Canyon National Park. The comment period on the proposal closed September 30, 1996. In addition, public meetings were held in September 1996. ^PThe Department of Transportation has been working with the Department of Interior to address the issue of reducing noise from aircraft overflights of the national parks and restoring the national quiet. In addition to this rule on the Grand Canyon, there are two other significant rulemaking actions which are included in the overall regulatory effort. They are a rule on Special Flight Rules in the Vicinity of the Rocky Mountain National Park (RIN 2120-AG11), issued January 3, 1997, and Overflights of Units of the National Park System (RIN 2120-AF46). ^POn August 21, 1996, the FAA issued a Notice of Availability of the Draft Environmental Assessment for the proposed rule to assure conformance with the National Environmental Policy Act of 1969. The original 45-day comment period, which was scheduled to close on October 4, 1996, was extended until November 18, 1996. ^PIn December 1996, FAA published a Final Regulatory Evaluation, Final Regulatory Flexibility Analysis and International Trade Impact Assessment. In addition to undergoing several economic analyses, FAA based their evaluation on comments submitted during public meetings held in September 1996 in Scottsdale, Arizona, and Las Vegas, Nevada, and comments received during the notice of proposed rulemaking comment period. ^POn December 24, 1996, the FAA issued a Final Rule, Special Flight Rules in the Vicinity of Grand Canyon National Park. This final rule modifies the dimensions of the Grand Canyon National Park Special Flight Rules Area; establishes new and modifies existing flight-free zones and flight corridors; and establishes reporting requirements for commercial sightseeing companies operating in the Special Flight Rules Area. This Final Rule also prohibits commercial sightseeing operations in the Zuni and Dragon corridors during certain time periods, and limits the number of aircraft that can be used for commercial sightseeing operations in the Grand Canyon National Park Special Flight Rules Area. ^POn December 24, 1996, the FAA issued the final Environmental Assessment and the finding of no significant impact (FONSI) to accompany the Final Rule. Based upon the Draft Environmental Assessment and careful review of the public comments, FAA determined that a FONSI is warranted.On February 21, 1997, the FAA issued a Final Rule; Request for Comments of the Special Flight Rules in the Vicinity of Grand Canyon National Park. This action delays the effective date for the implementation of the expanded flight-free zones and the minimum altitudes from May 1, 1997, until January 31, 1998. This delay in effective date will afford the FAA and the Department of Interior additional time to analyze and finalize the proposed air tour route structure. The Agency has requested comments from all interested and affected parties. All other aspects of the rule, i.e., the curfew, aircraft limitations, and reporting requirements, will remain unchanged. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 14 CFR 91    14 CFR 93    14 CFR 121    14 CFR 135   
Legal Authority: 49 USC 106(g)    49 USC 40103    49 USC 40113    49 USC 40120    49 USC 44101    49 USC 44111    49 USC 44701    49 USC 44709    49 USC 44711    49 USC 44712    49 USC 44715    49 USC 44716    49 USC 44717    49 USC 44722    49 USC 46306   

Statement of Need: As pointed out in the referenced Presidential memorandum, aircraft flying at low altitudes can mar the natural beauty of the parks and present considerable problems to the environment. If not monitored, aircraft noise can interfere with wildlife, cultural resources and visitors' enjoyment of the park.

Summary of the Legal Basis: Section 41103, Title 49 of the United States Code states that the Administrator shall develop plans and policy for the use of the navigable airspace and shall assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace.

Alternatives: In addition to the provisions adopted in the Final Rule, the agency considered simplification of commercial air tour sightseeing route structure, expansion of the flight free zones, and issues relating to noise reduction. Many combinations of all these alternatives or recommendations were considered in developing this rule.

Anticipated Costs and Benefits: The FAA estimates the potential dollar cost of the changes to the current configuration of the flight-free zones and the flight corridors will be a reduction of about $2.9 million in average annual net revenue for those operators conducting commercial air tours over the Grand Canyon National Park. The 5-year recordkeeping requirements will cost the commercial air tour sightseeing operators approximately $366,000 and the FAA approximately $16,000. Benefits of the rule were estimated as the increase in well-being attained if recreational activities were conducted in a quieter environment resulting from the rule. The benefits may range between $60 million to $170 million for the 12-year period of l997 through 2008.

Risks: The alternative of not doing rulemaking, or the destruction of the natural quiet, has been determined to be a greater risk than the rulemaking, especially as the FAA has stated in the proposal that any combination of the proposals may be adopted.

Timetable:
Action Date FR Cite
NPRM  07/31/1996  61 FR 40120   
Correction  08/07/1996  61 FR 41040   
NPRM Comment Period End  09/30/1996    
NPRM Comment Period Extended to:  11/14/1996  61 FR 54716   
Final Action  12/31/1996  61 FR 69302   
FR Correction  01/16/1997  62 FR 2445   
Final Rule Request for Comments  02/26/1997  62 FR 8862   
Final Rule Comment Period End  03/24/1997    
Final Action Effective  05/01/1997    
Additional Information: Project Number: ATP-95-236R. ^PANALYSIS: Regulatory Evaluation, 07/31/96, 61 FR 40120^PRegulatory Evaluation, 12/31/96, 61 FR 69302
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: Yes 
Agency Contact:
Neil Saunders
Air Traffic Rules Branch, Air Traffic Rules and Procedures Service
Department of Transportation
Federal Aviation Administration
800 Independence Avenue SW,
Washington, DC 20591
Phone:202 267-9241