83 FR 48209 - Removal of Flight Plan Requirements for Commercial Air Tour Operations Within the Special Flight Rules Area at Grand Canyon National Park
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 185 (September 24, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48209-48213 | |
| FR Document | 2018-20176 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Rules and Regulations] [Pages 48209-48213] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20176] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No.: FAA-2018-0851; Amdt. Nos. 93-102] RIN 2120-AL22 Removal of Flight Plan Requirements for Commercial Air Tour Operations Within the Special Flight Rules Area at Grand Canyon National Park AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule removes the requirement for certificate holders conducting certain commercial operations within the Grand Canyon National Park Special Flight Rules Area to file a visual flight rules flight plan with an FAA Flight Service Station prior to each flight. The effect of this action is to remove an unnecessary, redundant, and obsolete paperwork burden on affected certificate holders without affecting safety, existing quarterly reporting requirements, or efforts to restore the natural quiet of the park environment. This final rule also makes several technical amendments. DATES: This final rule is effective on November 23, 2018. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Monica Buenrostro, Air Transportation Division, 135 Air Carrier Operations Branch, AFS-250, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-8166; email: Monica.C.Buenrostro@faa.gov. SUPPLEMENTARY INFORMATION: Good Cause for Immediate Adoption Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ``good cause'' finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. The FAA finds good cause to issue this final rule without seeking prior comment for the reasons explained below. FAA regulations limit the number of commercial air tours certain operators may conduct over the Grand Canyon. Existing regulations at 14 CFR 93.323 require certain operators to file visual flight rule (VFR) flight plans with the FAA prior to each commercial Special Flight Rules Area operation (commercial SFRA operation) \1\ in the Grand Canyon National Park Special Flight Rules Area (GCNP SFRA), ostensibly so that the FAA can verify the number of commercial tours the operator conducts. The FAA has found VFR flight plans to be an unreliable method for verifying compliance, however, and no longer uses them for this purpose. Instead, the FAA relies on documents required by other FAA regulations to provide an accurate count of the number of commercial air tour flights these operators conduct. Continuing to require these flight plans constitutes an unjustified burden on GCNP SFRA commercial tour operators because the FAA does not use them for any other purpose. --------------------------------------------------------------------------- \1\ ``Commercial Special Flight Rules Area Operation means any portion of any flight within the Grand Canyon National Park Special Flight Rules Area that is conducted by a certificate holder that has operations specifications authorizing flights within the Grand Canyon National Park Special Flight Rules Area. This term does not include operations conducted under an FAA Form 7711-1, Certificate of Waiver or Authorization. The types of flights covered by this definition are set forth in the ``Las Vegas Flight Standards District Office Grand Canyon National Park Special Flight Rules Area Procedures Manual'' which is available from the Las Vegas Flight Standards District Office.'' 14 CFR 93.303. The relevant manual is now known as the ``Grand Canyon National Park Special Flight Rules Area Procedures Manual'' and is available from the Nevada Flight Standards District Office, formerly the Las Vegas Flight Standards District Office. --------------------------------------------------------------------------- Accordingly, the FAA has determined that good cause exists to forego notice and comment under Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) because it is unnecessary and contrary to the public interest. Seeking prior comment is unnecessary because, irrespective of the public response, the VFR flight plans would remain redundant and obsolete. In addition, it would be contrary to the public interest to expend resources seeking comment under these circumstances. Considering that there is no way for FAA to use the required filings for the purpose intended, it would not be a prudent use of resources to ask for comment on whether the requirement should remain in place. Finally, it is unnecessary to seek public comment on the remaining technical amendments in this rule because they merely update references to appropriate FAA offices. Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in title 49 of the United States Code (U.S.C.). Subtitle I, sections 106(f) and (g), describe the authority of the FAA Administrator. Subtitle VII of title 49, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the general authority described in 49 U.S.C. 106(f) and 44701 and the specific authority found in Section 3 of Public Law 100-91 (August 18, 1987). Section 3 directed the Department of the Interior (DOI) to submit recommendations, and the FAA to implement those recommendations, regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. Congress directed that the recommendations provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Subsequently, in a 1996 Memorandum for the Heads of Executive Departments and Agencies to address the impact of transportation in national parks, the President directed the Secretary of Transportation to issue regulations for the GCNP that would [[Page 48210]] place appropriate limits on sightseeing aircraft to reduce noise immediately, and to make further substantial progress towards restoration of natural quiet, as defined by the DOI, while maintaining aviation safety in accordance with Public Law 100-91.\2\ --------------------------------------------------------------------------- \2\ For a more complete history of FAA and NPS actions, and related litigation, regarding the implementation of Public Law 100- 91, see 65 FR 17708. --------------------------------------------------------------------------- This regulation is within the scope of the FAA's authority under the statutes cited previously, because it removes an unnecessary paperwork burden on affected certificate holders that is not necessary to promote the safety of flight of civil aircraft in air commerce or to further efforts to restore the natural quiet of the park environment, as described in this final rule. I. Background On April 4, 2000, the FAA published the Commercial Air Tour Limitation in the Grand Canyon National Park Special Flight Rules Area final rule (65 FR 17708). That rule limited the number of commercial air tours that may be conducted in the GCNP SFRA and revised the reporting requirements for commercial air tours in that area. It was one part of a collaborative effort by the FAA and the NPS to control aircraft noise in the park environment and to assist the NPS in achieving the statutory mandate imposed by Public Law 100-91 to provide substantial restoration of the natural quiet and experience of the park. As part of the 2000 final rule, Sec. 93.325 requires certificate holders to report to the FAA the total number of commercial SFRA operations conducted in the GCNP SFRA each quarter and to specify the types of commercial SFRA operations conducted. Section 93.323 prescribes that each certificate holder conducting commercial SFRA operations in the GCNP SFRA must file a VFR flight plan prior to each flight, except for those operations conducted under IFR in accordance with Sec. 93.309(g). The 2000 final rule stated, ``The information obtained from the flight plan will be used to ensure compliance with the commercial air tours operation limitation'' (65 FR 17708, 17722). Following the 2000 final rule, the FAA began using a different method of evaluating compliance with commercial tour allocations because VFR flight plans do not necessarily correlate to actual flights conducted and reported on quarterly reports. When it is necessary to evaluate a certificate holder's compliance, the FAA reviews documents required by other FAA regulations, such as aircraft operational and maintenance logs as well as customer receipts. Receipts and logs provide an accurate count of the number of commercial air tour flights operated by a given certificate holder in the GCNP SFRA, which can then be compared with the number of commercial air tour flights that the certificate holder reported in the quarterly reports required under Sec. 93.325. In conducting oversight of the operations, the FAA typically performs such evaluations only when a concern arises about a certificate holder's compliance with its number of commercial air tour allocations. The FAA has granted several exemptions from Sec. 93.323 to allow certificate holders relief from the requirement to file a VFR flight plan. In its grant of exemption to Sundance Helicopters,\3\ the FAA noted that the VFR flight plan requirement in Sec. 93.323 was written into FAA regulations in 2000 to help the agency evaluate the accuracy of Grand Canyon flight allocation data reporting. However, the FAA subsequently developed better methods of evaluating certificate holders' compliance with their number of commercial air tour allocations for the GCNP SFRA. The FAA noted that, with other methods used to evaluate the accuracy of quarterly data reporting, granting an exemption from the requirements of Sec. 93.323 would not undermine the FAA's data evaluation capabilities. The FAA acknowledged that the filing of VFR flight plans by the petitioner for each of its commercial air tour flight operations over the Grand Canyon resulted in an unnecessary paperwork burden for both the petitioner and the FSS. --------------------------------------------------------------------------- \3\ Docket No. FAA-2011-1044. --------------------------------------------------------------------------- II. Discussion of the Final Rule In this final rule, the FAA removes Sec. 93.323, in its entirety, from part 93. The FAA has determined that flight plans filed in accordance with the requirements of Sec. 93.323 are an unreliable source of information for evaluating certificate holders' compliance with their number of commercial air tour allocations. The number of VFR flight plans filed under Sec. 93.323 is not necessarily an accurate reflection of the number of commercial SFRA operations actually conducted. For example, if a Sec. 93.323 flight plan was filed without the flight actually being operated, the number of Sec. 93.323 flight plans filed would be greater than the number of commercial SFRA operations actually conducted. Consequently, comparing the number of Sec. 93.323 plans filed for commercial SFRA operations in the GCNP SFRA with the quarterly reports that certificate holders must file under 14 CFR 93.325 may yield incorrect results in terms of actual commercial air tour allocation compliance. The FAA has no other use for the VFR flight plans, rendering this requirement unnecessary. As previously described, when necessary to evaluate a concern about compliance with a certificate holder's number of commercial air tour allocations, the FAA reviews documents required by other FAA regulations rather than VFR flight plans. Eliminating the requirement to file VFR flight plans under Sec. 93.323 removes an unnecessary paperwork burden that currently affects some small businesses without providing any safety benefit or advancing efforts to restore the natural quiet of the park environment. This final rule does not affect the number of commercial air tour allocations that certificate holders receive for the GCNP SFRA, the frequency of flight operations in the GCNP SFRA, the location of those flights, or other requirements that commercial air tour operators must meet to operate in the GCNP SFRA. The FAA also clarifies that this rulemaking does not affect the current quarterly reporting requirements of Sec. 93.325, which remain in place. This final rule also makes several technical amendments including striking references to the ``Flight Standards District Office'' and replacing them with references to ``the relevant Flight Standards Office'' in subpart U, Special Flight Rules in the Vicinity of Grand Canyon National Park, AZ, of part 93 of title 14 CFR, to reflect current agency practice. III. Regulatory Notices and Analyses A. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Agreements Act requires agencies to [[Page 48211]] consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. In conducting these analyses, FAA has determined that this final rule: (1) Has benefits that justify its costs, (2) is not an economically ``significant regulatory action'' as defined in section 3(f) of Executive Order 12866, (3) is not ``significant'' as defined in DOT's Regulatory Policies and Procedures; (4) will not create unnecessary obstacles to the foreign commerce of the United States; and (5) will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector by exceeding the threshold identified previously. These analyses are summarized below. As notice and comment under 5 U.S.C. 553 are not required for this final rule, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 regarding impacts on small entities are not required. This final rule removes the requirement for certain certificate holders conducting commercial SFRA operations within the GCNP SFRA to file a visual flight rules flight plan under Sec. 93.323. The FAA has determined that these flight plans are an unnecessary and unreliable source of information for evaluating certificate holders' compliance with their number of commercial air tour allocations. This final rule removes, without affecting safety or efforts to restore the natural quiet of the park environment, this paperwork burden from affected certificate holders. Therefore, the final rule has no additional costs, and has minimal cost savings by removing an unnecessary paperwork burden. The FAA has therefore, determined that this final rule is not a ``significant regulatory action,'' as defined in section 3(f) of Executive Order 12866. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an agency to prepare an initial regulatory flexibility analysis describing impacts on small entities whenever an agency is required by 5 U.S.C. 553, or any other law, to publish a general notice of proposed rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to prepare a final regulatory flexibility analysis when an agency issues a final rule under 5 U.S.C. 553, after being required by that section or any other law to publish a general notice of proposed rulemaking. The FAA found good cause to forgo notice and comment for this rule. As notice and comment under 5 U.S.C. 553 are not required in this situation, the regulatory flexibility analyses described in 5 U.S.C. 603 and 604 are not required. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to this Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and has determined that it has a legitimate domestic objective, in that it removes an unnecessary paperwork burden on certain certificate holders that conduct commercial SFRA operations in the GCNP SFRA. The removal of this requirement does not operate in a manner that excludes imports. The final rule therefore has no effect on international trade. D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ``significant regulatory action.'' The FAA currently uses an inflation-adjusted value of $155.0 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule, as the rule modifies an existing information collection by removing an unnecessary paperwork requirement. F. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined this rulemaking is consistent with ICAO Standards. G. Environmental Analysis FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. This final rule removes an unnecessary paperwork burden from affected certificate holders. This action does not affect the frequency or location of commercial air tours in the GCNP SFRA and does not negatively affect efforts to restore the natural quiet of the park environment. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5-6.6f and involves no extraordinary circumstances. IV. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, [[Page 48212]] Distribution, or Use (May 18, 2001). The agency has determined that it is not a ``significant energy action'' under the executive order, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. C. Executive Order 13609, Promoting International Regulatory Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action will not have an effect on international regulatory cooperation. D. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This final rule is considered an E.O. 13771 deregulatory action. Details on the estimated cost savings can be found in the rule's economic analysis. V. Additional Information A. Availability of Rulemaking Documents An electronic copy of rulemaking documents may be obtained from the internet by--Searching the Federal eRulemaking Portal (http://www.regulations.gov); Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies; or Accessing the Government Publishing Office's web page at http://www.fdsys.gov. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. Requestors must identify the docket or amendment number of this rulemaking. All documents the FAA considered in developing this final rule, including economic analyses and technical reports, may be accessed from the internet through the Federal eRulemaking Portal previously referenced. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/. List of Subjects in 14 CFR Part 93 Air traffic control, Airports, Navigation (air), Reporting and recordkeeping requirements. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends part 93, in chapter I of title 14, Code of Federal Regulations as follows: PART 93--SPECIAL AIR TRAFFIC RULES 0 1. The authority citation for part 93 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44715, 44719, 46301. 0 2. In Sec. 93.303 revise the definition of ``Commercial Special Flight Rules Area Operation'' and remove the definition of ``Flight Standards District Office. Sec. 93.303 Definitions. * * * * * Commercial Special Flight Rules Area Operation means any portion of any flight within the Grand Canyon National Park Special Flight Rules Area that is conducted by a certificate holder that has operations specifications authorizing flights within the Grand Canyon National Park Special Flight Rules Area. This term does not include operations conducted under an FAA Form 7711-1, Certificate of Waiver or Authorization. For more information on commercial special flight rules area operations, see ``Grand Canyon National Park Special Flight Rules Area (GCNP SFRA) Procedures Manual,'' which is available online or from the responsible Flight Standards Office. * * * * * 0 3. In Sec. 93.305, revise the introductory text to read as follows: Sec. 93.305 Flight-free zones and flight corridors. Except in an emergency or if otherwise necessary for safety of flight, or unless otherwise authorized by the responsible Flight Standards Office for a purpose listed in Sec. 93.309, no person may operate an aircraft in the Special Flight Rules Area within the following flight-free zones: * * * * * 0 4. In Sec. 93.307, revise the introductory text to read as follows: Sec. 93.307 Minimum flight altitudes. Except in an emergency, or if otherwise necessary for safety of flight, or unless otherwise authorized by the responsible Flight Standards Office for a purpose listed in Sec. 93.309, no person may operate an aircraft in the Special Flight Rules Area at an altitude lower than the following: * * * * * 0 5. In Sec. 93.309, revise paragraphs (b), (c) and (d) to read as follows: Sec. 93.309 General operating procedures. * * * * * (b) Unless necessary to maintain a safe distance from other aircraft or terrain, proceed through the Zuni Point, Dragon, Tuckup, and Fossil Canyon Flight Corridors described in Sec. 93.305 at the following altitudes unless otherwise authorized in writing by the responsible Flight Standards Office: (1) Northbound. 11,500 or 13,500 feet MSL. (2) Southbound. 10,500 or 12,500 feet MSL. (c) For operation in the flight-free zones described in Sec. 93.305, or flight below the altitudes listed in Sec. 93.307, is authorized in writing by the responsible Flight Standards 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 Sec. 93.305 or below the altitudes listed in Sec. 93.307 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; (d) Is conducted in accordance with a specific authorization to operate in that airspace incorporated in the operator's operations specifications and approved by the responsible Flight Standards Office in accordance with the provisions of this subpart; * * * * * 0 6. Revise Sec. 93.311 to read as follows: Sec. 93.311 Minimum terrain clearance. Except in an emergency, when necessary for takeoff or landing, or unless otherwise authorized by the [[Page 48213]] responsible Flight Standards Office for a purpose listed in Sec. 93.309(c), no person may operate an aircraft within 500 feet of any terrain or structure located between the north and south rims of the Grand Canyon. 0 7. In Sec. 93.317, revise the introductory text to read as follows: Sec. 93.317 Commercial Special Flight Rules Area operation curfew. Unless otherwise authorized by the responsible Flight Standards Office, no person may conduct a commercial Special Flight Rules Area operation in the Dragon and Zuni Point corridors during the following flight-free periods: * * * * * 0 8. In Sec. 93.321, revise paragraph (b)(4)(iii) to read as follows: Sec. 93.321 Transfer and termination of allocations. * * * * * (b) (4) (iii) A certificate holder must notify in writing the responsible Flight Standards Office within 10 calendar days of a transfer of allocations. This notification must identify the parties involved, the type of transfer (permanent or temporary) and the number of allocations transferred. Permanent transfers are not effective until the responsible Flight Standards Office reissues the operations specifications reflecting the transfer. Temporary transfers are effective upon notification. * * * * * Sec. 93.323 [Reserved] 0 9. Remove and reserve Sec. 93.323. 0 10. In Sec. 93.325, revise paragraph (a) to read as follows: Sec. 93.325 Quarterly reporting. (a) Each certificate holder must submit in writing, within 30 days of the end of each calendar quarter, the total number of commercial SFRA operations conducted for that quarter. Quarterly reports must be filed with the responsible Flight Standards Office. * * * * * Issued under the authority provided by 49 U.S.C. 106(f) and (g), 44701(a)(5), and Public Law 100-91 in Washington, DC, on September 6, 2018. Carl Burleson, Acting Deputy Administrator. [FR Doc. 2018-20176 Filed 9-21-18; 8:45 am] BILLING CODE 4910-13-P
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(IBR) of the service information listed in this without affecting safety, existing FAA relies on documents required by
paragraph under 5 U.S.C. 552(a) and 1 CFR quarterly reporting requirements, or other FAA regulations to provide an
part 51. efforts to restore the natural quiet of the accurate count of the number of
(2) You must use this service information park environment. This final rule also commercial air tour flights these
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
makes several technical amendments. operators conduct. Continuing to
(i) Airbus A300 Airworthiness Limitations DATES: This final rule is effective on require these flight plans constitutes an
Section (ALS), Part 2—Damage Tolerant November 23, 2018. unjustified burden on GCNP SFRA
Airworthiness Limitation Items (DT–ALI), FOR FURTHER INFORMATION CONTACT: For commercial tour operators because the
Revision 03, dated August 28, 2017. The first technical questions concerning this FAA does not use them for any other
page of this document does not have a date. action, contact Monica Buenrostro, Air purpose.
(ii) Reserved.
Transportation Division, 135 Air Carrier Accordingly, the FAA has determined
(3) For service information identified in that good cause exists to forego notice
this AD, contact Airbus SAS, Airworthiness Operations Branch, AFS–250, Federal
Aviation Administration, 800 and comment under Section
Office—EAW, Rond-Point Emile Dewoitine 553(b)(3)(B) of the Administrative
No: 2, 31707 Blagnac Cedex, France; Independence Avenue SW, Washington,
DC 20591; telephone 202–267–8166; Procedure Act (APA) (5 U.S.C. 551 et
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@ email: Monica.C.Buenrostro@faa.gov. seq.) because it is unnecessary and
airbus.com; internet http://www.airbus.com. contrary to the public interest. Seeking
SUPPLEMENTARY INFORMATION:
(4) You may view this service information prior comment is unnecessary because,
at the FAA, Transport Standards Branch, Good Cause for Immediate Adoption irrespective of the public response, the
2200 South 216th St., Des Moines, WA. For Section 553(b)(3)(B) of the VFR flight plans would remain
information on the availability of this
Administrative Procedure Act (APA) (5 redundant and obsolete. In addition, it
material at the FAA, call 206–231–3195. would be contrary to the public interest
(5) You may view this service information U.S.C.) authorizes agencies to dispense
with notice and comment procedures to expend resources seeking comment
that is incorporated by reference at the under these circumstances. Considering
National Archives and Records for rules when the agency for ‘‘good
cause’’ finds that those procedures are that there is no way for FAA to use the
Administration (NARA). For information on
required filings for the purpose
the availability of this material at NARA, call ‘‘impracticable, unnecessary, or contrary
202–741–6030, or go to: http:// intended, it would not be a prudent use
to the public interest.’’ Under this
www.archives.gov/federal-register/cfr/ibr- of resources to ask for comment on
section, an agency, upon finding good
locations.html. whether the requirement should remain
cause, may issue a final rule without
in place. Finally, it is unnecessary to
Issued in Des Moines, Washington, on seeking comment prior to the
September 10, 2018. seek public comment on the remaining
rulemaking. The FAA finds good cause
technical amendments in this rule
Michael Kaszycki, to issue this final rule without seeking
because they merely update references
Acting Director, System Oversight Division, prior comment for the reasons explained
to appropriate FAA offices.
Aircraft Certification Service. below.
[FR Doc. 2018–20346 Filed 9–21–18; 8:45 am] FAA regulations limit the number of Authority for This Rulemaking
BILLING CODE 4910–13–P commercial air tours certain operators The FAA’s authority to issue rules on
may conduct over the Grand Canyon. aviation safety is found in title 49 of the
Existing regulations at 14 CFR 93.323 United States Code (U.S.C.). Subtitle I,
DEPARTMENT OF TRANSPORTATION require certain operators to file visual sections 106(f) and (g), describe the
flight rule (VFR) flight plans with the authority of the FAA Administrator.
Federal Aviation Administration FAA prior to each commercial Special Subtitle VII of title 49, Aviation
Flight Rules Area operation (commercial Programs, describes in more detail the
14 CFR Part 93 SFRA operation) 1 in the Grand Canyon scope of the agency’s authority. This
[Docket No.: FAA–2018–0851; Amdt. Nos.
National Park Special Flight Rules Area rulemaking is promulgated under the
93–102] (GCNP SFRA), ostensibly so that the general authority described in 49 U.S.C.
FAA can verify the number of 106(f) and 44701 and the specific
RIN 2120–AL22 commercial tours the operator conducts. authority found in Section 3 of Public
The FAA has found VFR flight plans to Law 100–91 (August 18, 1987).
Removal of Flight Plan Requirements be an unreliable method for verifying Section 3 directed the Department of
for Commercial Air Tour Operations compliance, however, and no longer the Interior (DOI) to submit
Within the Special Flight Rules Area at uses them for this purpose. Instead, the recommendations, and the FAA to
Grand Canyon National Park
implement those recommendations,
1 ‘‘Commercial Special Flight Rules Area
AGENCY: Federal Aviation regarding actions necessary for the
Operation means any portion of any flight within
Administration (FAA), Department of the Grand Canyon National Park Special Flight
protection of resources in the Grand
Transportation (DOT). Rules Area that is conducted by a certificate holder Canyon from adverse impacts associated
ACTION: Final rule. that has operations specifications authorizing with aircraft overflights. Congress
flights within the Grand Canyon National Park directed that the recommendations
Special Flight Rules Area. This term does not
SUMMARY: This final rule removes the include operations conducted under an FAA Form
provide for substantial restoration of the
requirement for certificate holders 7711–1, Certificate of Waiver or Authorization. The natural quiet and experience of the park
conducting certain commercial types of flights covered by this definition are set and protection of public health and
operations within the Grand Canyon forth in the ‘‘Las Vegas Flight Standards District safety from adverse effects associated
Office Grand Canyon National Park Special Flight
National Park Special Flight Rules Area with aircraft overflight. Subsequently, in
daltland on DSKBBV9HB2PROD with RULES
Rules Area Procedures Manual’’ which is available
to file a visual flight rules flight plan from the Las Vegas Flight Standards District a 1996 Memorandum for the Heads of
with an FAA Flight Service Station Office.’’ 14 CFR 93.303. The relevant manual is now Executive Departments and Agencies to
prior to each flight. The effect of this known as the ‘‘Grand Canyon National Park Special address the impact of transportation in
Flight Rules Area Procedures Manual’’ and is
action is to remove an unnecessary, available from the Nevada Flight Standards District
national parks, the President directed
redundant, and obsolete paperwork Office, formerly the Las Vegas Flight Standards the Secretary of Transportation to issue
burden on affected certificate holders District Office. regulations for the GCNP that would
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responsible Flight Standards Office for a FEDERAL TRADE COMMISSION The Rule does not require
purpose listed in § 93.309(c), no person manufacturers to explicitly state their
may operate an aircraft within 500 feet 16 CFR Part 311 engine oil is substantially equivalent to
of any terrain or structure located RIN 3084–AB48 new oil, nor does it mandate other
between the north and south rims of the specific qualifiers or disclosures.3
Grand Canyon. Test Procedures and Labeling II. Regulatory Review Program
Standards for Recycled Oil
■ 7. In § 93.317, revise the introductory The Commission reviews its rules and
text to read as follows: AGENCY: Federal Trade Commission. guides periodically to seek information
ACTION: Final rule. about their costs and benefits, regulatory
§ 93.317 Commercial Special Flight Rules
Area operation curfew. and economic impact, and general
SUMMARY: The Federal Trade
effectiveness in protecting consumers
Unless otherwise authorized by the Commission (‘‘FTC’’ or ‘‘Commission’’)
and helping industry avoid deceptive
responsible Flight Standards Office, no has completed its regulatory review of
claims. These reviews assist the
person may conduct a commercial the Test Procedures and Labeling
Commission in identifying rules and
Special Flight Rules Area operation in Standards for Recycled Oil (‘‘Recycled
guides warranting modification or
the Dragon and Zuni Point corridors Oil Rule’’ or ‘‘Rule’’), as part of the
rescission. When it last reviewed the
during the following flight-free periods: Commission’s systematic review of all
Rule in 2007, the Commission updated
current Commission regulations and
* * * * * the reference to API Publication 1509,
guides. The Commission now updates
Fifteenth Edition, and added an
■ 8. In § 93.321, revise paragraph the Rule’s reference to American
explanation of incorporation by
(b)(4)(iii) to read as follows: Petroleum Institute Publication 1509 to
reflect the most recent version of that reference in Section 311.4.4
In a December 20, 2017 proposed rule
§ 93.321 Transfer and termination of document. Otherwise, the Commission
(82 FR 60334), the Commission initiated
allocations. retains the Rule in its current form.
a new review and sought comments on,
* * * * * DATES: The amendments are effective
among other things, the need for the
(b) October 24, 2018. The incorporation by Rule, its economic impact, its benefits to
reference of the publication listed in consumers, and its burdens on industry
(4) this rule is approved by the Director of members, including small businesses.
(iii) A certificate holder must notify in the Federal Register as of October 24, The Commission also specifically asked
writing the responsible Flight Standards 2018. whether it should update the Rule’s
Office within 10 calendar days of a ADDRESSES: Relevant portions of the reference to API Publication 1509 to
transfer of allocations. This notification record of this proceeding, including this reflect the most recent version. In
must identify the parties involved, the document, are available at https:// response to the proposed rule, the
type of transfer (permanent or www.ftc.gov. Commission received seven comments.5
temporary) and the number of
FOR FURTHER INFORMATION CONTACT: III. Public Comment Analysis and
allocations transferred. Permanent
Hampton Newsome, (202) 326–2889, Amendment
transfers are not effective until the Attorney, Division of Enforcement,
responsible Flight Standards Office Bureau of Consumer Protection, Federal After reviewing the comments, the
reissues the operations specifications Trade Commission, Mailstop CC–9528, Commission updates the Rule’s
reflecting the transfer. Temporary 600 Pennsylvania Avenue NW, reference to API Publication 1509 and
transfers are effective upon notification. Washington, DC 20580. the Rule’s incorporation by reference
* * * * * SUPPLEMENTARY INFORMATION:
language. Otherwise the Commission
retains the Rule in its current form. A
§ 93.323 [Reserved] I. Background
The Recycled Oil Rule, mandated by must develop (and report to the FTC) applicable
■ 9. Remove and reserve § 93.323. standards for determining the substantial
the Energy Policy and Conservation Act equivalence of processed used engine oil with new
■ 10. In § 93.325, revise paragraph (a) to (‘‘EPCA’’) (42 U.S.C. 6363), contains engine oil. NIST recommended API Publication
read as follows: testing and labeling requirements for 1509 when the Commission originally promulgated
recycled engine oil. As indicated in the the Rule in 1995.
§ 93.325 Quarterly reporting. statute, the Rule’s purpose is to
3 60 FR at 55418–19. As the Commission has
previously explained, until NIST develops test
(a) Each certificate holder must encourage oil recycling, promote procedures for end uses other than engine oil, the
submit in writing, within 30 days of the recycled oil use, reduce new oil Recycled Oil Rule is limited to recycled oil used for
end of each calendar quarter, the total consumption, and reduce that purpose. Moreover, because NIST’s test
environmental hazards and wasteful procedures and performance standards are the same
number of commercial SFRA operations as those adopted by API for engine oils, the
conducted for that quarter. Quarterly practices associated with used oil Commission must limit the Rule’s scope to
reports must be filed with the disposal.1 Initially promulgated in 1995 categories of engine oil that are covered by the API
responsible Flight Standards Office. (60 FR 55414 (Oct. 31, 1995)), the Rule Engine Oil Licensing and Certification System, as
allows manufacturers to represent that prescribed in API Publication 1509. See 72 FR
* * * * * processed used engine oil is 14410, n.1 (Mar. 28, 2007).
4 72 FR 14410, 14413 (Mar. 28, 2007).
Issued under the authority provided by 49 substantially equivalent to new oil as 5 The public comments are posted at: https://
U.S.C. 106(f) and (g), 44701(a)(5), and Public long as they substantiate such claims www.ftc.gov/policy/public-comments/2018/01/
daltland on DSKBBV9HB2PROD with RULES
Law 100–91 in Washington, DC, on using American Petroleum Institute initiative-735. They include: Avista Oil Group
September 6, 2018. (API) Publication 1509 (‘‘Engine Oil (Avista) (#00006); American Petroleum Institute
(API) (#00007); National Automobile Dealers
Carl Burleson, Licensing and Certification System’’).2 Association (NADA) (#00008); Independent
Acting Deputy Administrator. Lubricant Manufacturers Association (ILMA)
1 42 U.S.C. 6363(a). (#00010); NORA, An Association of Responsible
[FR Doc. 2018–20176 Filed 9–21–18; 8:45 am] 2 Under EPCA (42 U.S.C. 6363(c)), the National Recyclers (NORA) (#00011); Safety-Kleen (#00005);
BILLING CODE 4910–13–P Institute of Standards and Technology (‘‘NIST’’) and Curtiss (#00003).
VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1](https://thefederalregister.org/doc/83_FR_48394/page/5.svg)
Document Created: 2018-09-22 00:32:42
Document Modified: 2018-09-22 00:32:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on November 23, 2018. | |
| Contact | For technical questions concerning this action, contact Monica Buenrostro, Air Transportation Division, 135 Air Carrier Operations Branch, AFS-250, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-8166; email: [email protected] | |
| FR Citation | 83 FR 48209 | |
| RIN Number | 2120-AL22 | |
| CFR Associated | Air Traffic Control; Airports; Navigation (air) and Reporting and Recordkeeping Requirements |
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