title-14-part-93-sec93-319

863

Federal Aviation Administration, DOT

§ 93.319

less than 3,000 feet above airport ele-
vation, for the purpose of landing at or
taking off from that facility; or

(g) Is conducted under an instrument

flight rules (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 § 93.305.

[Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, as
amended by Amdt. 93–80, 65 FR 17742, 17743,
Apr. 4, 2000; Amdt. 93-102, 83 FR 48212, Sept.
24, 2018]

§ 93.311

Minimum terrain clearance.

Except in an emergency, when nec-

essary for takeoff or landing, or unless
otherwise authorized by the respon-
sible Flight Standards Office for a pur-
pose listed in § 93.309(c), no person may
operate an aircraft within 500 feet of
any terrain or structure located be-
tween the north and south rims of the
Grand Canyon.

[Docket No. FAA-2018-0851, Amdt. 93-102, 83
FR 48212, Sept. 24, 2018]

§ 93.313

Communications.

Except when in contact with the

Grand Canyon National Park Airport
Traffic Control Tower during arrival or
departure or on a search and rescue
mission directed by the U.S. Air Force
Rescue Coordination Center, no person
may operate an aircraft in the Special
Flight Rules Area unless he monitors
the appropriate frequency continuously
while in that airspace.

§ 93.315

Requirements for commercial

Special Flight Rules Area oper-
ations.

Each person conducting commercial

Special Flight Rules Area operations
must be certificated in accordance
with Part 119 for Part 135 or 121 oper-
ations and hold appropriate Grand Can-
yon National Park Special Flight
Rules Area operations specifications.

[65 FR 17732, Apr. 4, 2000]

§ 93.316

[Reserved]

§ 93.317

Commercial Special Flight

Rules Area operation curfew.

Unless otherwise authorized by the

responsible Flight Standards Office, no

person may conduct a commercial Spe-
cial Flight Rules Area operation in the
Dragon and Zuni Point corridors dur-
ing the following flight-free periods:

(a) Summer season (May 1–Sep-

tember 30)–6 p.m. to 8 a.m. daily; and

(b) Winter season (October 1–April

30)–5 p.m. to 9 a.m. daily.

[65 FR 17732, Apr. 4, 2000, as amended by
Amdt. 93-102, 83 FR 48213, Sept. 24, 2018]

§ 93.319

Commercial air tour limita-

tions.

(a) Unless excepted under paragraph

(f) or (g) of this section, no certificate
holder certificated in accordance with
part 119 for part 121 or 135 operations
may conduct more commercial air
tours in the Grand Canyon National
Park in any calendar year than the
number of allocations specified on the
certificate holder’s operations speci-
fications.

(b) The Administrator determines the

number of initial allocations for each
certificate holder based on the total
number of commercial air tours con-
ducted by the certificate holder and re-
ported to the FAA during the period
beginning on May 1, 1997 and ending on
April 30, 1998, unless excepted under
paragraph (g).

commercial air tours during the base
year and reported them to the FAA re-
ceive an initial allocation.

(d) A certificate holder must use one

allocation for each flight that is a com-
mercial air tour, unless excepted under
paragraph (f) or (g) of this section.

(e) Each certificate holder’s oper-

ation specifications will identify the
following information, as applicable:

(1) Total SFRA allocations; and
(2) Dragon corridor and Zuni Point

corridor allocations.

(f) Certificate holders satisfying the

requirements of § 93.315 of this subpart
are not required to use a commercial
air tour allocation for each commercial
air tour flight in the GCNP SFRA pro-
vided the following conditions are sat-
isfied:

(1) The certificate holder conducts its

operations in conformance with the
routes and airspace authorizations as
specified in its Grand Canyon National
Park Special Flight Rules Area oper-
ations specifications;

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§ 93.321

(2) The certificate holder must have

executed a written contract with the
Hualapai Indian Nation which grants
the certificate holder a trespass permit
and specifies the maximum number of
flights to be permitted to land at
Grand Canyon West Airport and at
other sites located in the vicinity of
that airport and operates in compli-
ance with that contract; and

(3) The certificate holder must have a

valid operations specification that au-
thorizes the certificate holder to con-
duct the operations specified in the
contract with the Hualapai Indian Na-
tion and specifically approves the num-
ber of operations that may transit the
Grand Canyon National Park Special
Flight Rules Area under this exception.

(g) Certificate holders conducting

commercial air tours at or above 14,500
feet MSL but below 18,000 feet MSL
who did not receive initial allocations
in 1999 because they were not required
to report during the base year may op-
erate without an allocation when con-
ducting air tours at those altitudes.
Certificate holders conducting com-
mercial air tours in the area affected
by the eastward shift of the SFRA who
did not receive initial allocations in
1999 because they were not required to
report during the base year may con-
tinue to operate on the specified routes
without an allocation in the area
bounded by longitude line 111 degrees
42 minutes east and longitude line 111
degrees 36 minutes east. This exception
does not include operation in the Zuni
Point corridor.

[65 FR 17732, Apr. 4, 2000]

§ 93.321

Transfer and termination of

allocations.

(a) Allocations are not a property in-

terest; they are an operating privilege
subject to absolute FAA control.

(b) Allocations are subject to the fol-

lowing conditions:

(1) The Administrator will re-author-

ize and re-distribute allocations no ear-
lier than two years from the effective
date of this rule.

(2) Allocations that are held by the

FAA at the time of reallocation may be
distributed among remaining certifi-
cate holders, proportionate to the size
of each certificate holder’s allocation.

(3) The aggregate SFRA allocations

will not exceed the number of oper-
ations reported to the FAA for the base
year beginning on May 1, 1997 and end-
ing on April 30, 1998, except as adjusted
to incorporate operations occurring for
the base year of April 1, 2000 and end-
ing on March 31, 2001, that operate at
or above 14,500 feet MSL and below
18,000 feet MSL and operations in the
area affected by the eastward shift of
the SFRA bounded by longitude line
111 degrees 42 minutes east to lon-
gitude 111 degrees 36 minutes east.

(4) Allocations may be transferred

among Part 135 or Part 121 certificate
holders, subject to all of the following:

(i) Such transactions are subject to

all other applicable requirements of
this chapter.

(ii) Allocations authorizing commer-

cial air tours outside the Dragon and
Zuni Point corridors may not be trans-
ferred into the Dragon and Zuni Point
corridors. Allocations authorizing com-
mercial air tours within the Dragon
and Zuni Point corridors may be trans-
ferred outside of the Dragon and Zuni
Point corridors.

(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 (perma-
nent or temporary) and the number of
allocations transferred. Permanent
transfers are not effective until the re-
sponsible Flight Standards Office re-
issues the operations specifications re-
flecting the transfer. Temporary trans-
fers are effective upon notification.

(5) An allocation will revert to the

FAA upon voluntary cessation of com-
mercial air tours within the SFRA for
any consecutive 180-day period unless
the certificate holder notifies the
FSDO in writing, prior to the expira-
tion of the 180-day time period, of the
following: the reason why the certifi-
cate holder has not conducted any
commercial air tours during the con-
secutive 180-day period; and the date
the certificate holder intends on re-
suming commercial air tours oper-
ations. The FSDO will notify the cer-
tificate holder of any extension to the
consecutive 180-days. A certificate
holder may be granted one extension.