[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Notices]
[Pages 1795-1797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-664]
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DEPARTMENT OF TRANSPORTATION
Notice of Finding of No Significant Impact
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of Finding of No Significant Impact.
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SUMMARY: Notice is hereby given that the Federal Aviation
Administration (FAA) has made a finding of no significant impact
(FONSI) based on an Environmental Assessment (EA) for Special Flight
Rules in the vicinity of the Rocky Mountain National Park (RMNP).
FOR FURTHER INFORMATION CONTACT:
Mr. William J. Marx, Federal Aviation Administration, Office of Air
Traffic Airspace Management, Environmental Programs Division, ATA-300,
800 Independence Avenue, SW, Washington, DC 20591; Telephone: (202)
267-3075.
SUPPLEMENTARY INFORMATION:
Proposed Action
On April 22, 1996, President Clinton issued a Memorandum for Heads
of Executive Departments and Agencies, in which he announced his Earth
Day initiative, Parks for Tomorrow. Included in that initiative was the
directive to the Secretary of Transportation, in consultation with
appropriate officials, to consider a rulemaking to address the
potential adverse impacts on RMNP and its visitors of overflights by
sightseeing aircraft. The President's announcement also directed that
the value of the natural quiet and the natural experience of the park
be factors in any rulemaking action, along with protection of public
health and safety. The Presidential Memorandum also required the FAA to
issue a notice of proposed rulemaking (NPRM) establishing national
standards for air tour operations over national parks.
The proposed rule for RMNP was to be issued within 90 days. On May
15, 1996 (61 FR 24382), the FAA published a NPRM that proposed several
methods of preserving the natural park experience of RMNP by
restricting aircraft-based sightseeing flights: (1) A total ban (2)
limits on operations, and (3) voluntary agreements. The NPRM indicated
that the FAA would select a viable alternative based on comments
received and other pertinent information, identify a proposed
alternative for final rulemaking, and if rulemaking was selected, issue
an EA for public comment. The NPRM indicated that the EA would evaluate
the alternatives identified for detailed study and assess the current
condition and the preferred alternative.
To enhance opportunities for public participation, the FAA reopened
the comment period on the NPRM to allow comment on a Draft EA that
addressed
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the alternatives in the NPRM. In preparing the final EA, the FAA
considered the public comments on environmental issues. Those comments
were limited in number, and mainly addressed the NPRM itself. The
majority of comments on the Draft EA were favorable to the
implementation of the NPRM as it applies to a total of air tour
operations in RMNP, e.g., citing excessive noise, reduced safety, and
loss of quality wilderness experience if tour operations were allowed.
A minority of commenters, virtually all representing aviation
interests, voiced opposition to any regulation of overflights at RMNP,
e.g., citing unreasonable interference with interstate and intrastate
commerce, FAA's lack of statutory authority to implement the NPRM, and
that air tourism creates less pollution than ground visitors. In
response to comments, the FAA has decided to take temporary action
here, complete a review of the temporary ban within twenty-four months,
and proceed to consider a national rule that will supersede any
temporary ban that remains in effect.
The FAA by issuance of the proposed Final Rule would temporarily
ban operators from conducting commercial air tour operations within the
RMNP Special Flight Rules Area (SFRA). The ban on commercial air tour
operations is the preferred alternative for a temporary period because
it appears to be the most efficient and viable method of preserving the
natural enjoyment of the visitors to RMNP. In application and result it
would assure that the environment relative to air tour operators will
not be degraded while the benefits of a temporary ban are evaluated or
relevant national standards are developed. Within twenty-four months of
the effective date of this temporary ban, the FAA, in conjunction with
the National Park Service (NPS), will complete a review of the
temporary ban and publish its findings in the Federal Register. The FAA
will determine whether the ban continues to be necessary to meet the
objectives of the FAA and NPS. If the Proposed Final Rule is not
repealed by a separate rulemaking, it will expire as soon as a general
rule on national standards is adopted.
Purpose
National parks are unique resources that have been provided special
protection by law. The FAA and the NPS recognize that commercial
aviation sightseeing tours, once initiated in national parks, tend to
increase to levels that potentially adversely affect visitor enjoyment
and park values.
The special flight rules in the vicinity of the RMNP seek to
preserve the natural environment of RMNP from potential future
overflights by commercial sightseeing aviation tour operators. Several
operators have recently explored the possibility of conducting tour
flights over RMNP and the park has identified potential impacts from
such activities. The NPS has also determined that such impacts would
not be acceptable given the particular circumstances at the park, and
has identified a need to take preventive action.
Experience demonstrates a trend of increased commercial air tour
overflight at other national parks. In addition, the Governor of
Colorado, members of the Colorado congressional delegation, and other
officials have requested regulatory action to place a preemptive ban on
air tour operations to preserve visitor enjoyment.
The RMNP rule is being adopted to respond to the very unique
circumstances surrounding this park, as explained in detail in the
proposed Final Rule and Final EA. Among the unique circumstances is
that it has a high percentage of elevations above 10,000 feet above
ground level (AGL) and has roads that afford numerous opportunities for
viewing its vistas. Park officials estimate that fifty percent of the
park can be seen from 149 miles of its roads. it features Trail Ridge
Road, the highest continuous paved road in the country, which offers
spectacular vistas that encompass approximately 415 squire miles of
parkland. Further, there is strong local support for a ban on air tour
overflights.
Environmental Impacts
The FAA has prepared the EA for the proposed Final Rule consistent
with FAA Order 1050.1D, Para. 35. The major categories of concern are
noise, wildlife, historic and cultural resources, and air quality.
Since there are no tours at present, modified Alternative 1, the
temporary ban, would maintain the existing environment relative to such
operations. Based upon consultation with the US Fish and Wildlife
Service, there are no concerns about potential impacts on threatened or
endangered species. Based upon consultation with the Colorado State
Historic Preservation Society, in its capacity as the State Historic
Preservation Office for Colorado, there are no potentially significant
effects on historic or cultural properties. The requirement to
determine conformity with the State Air Quality Implementation Plan
pursuant to Section 176(c) of the Clean Air Act as amended in 1990,
does not apply because the area is designated attainment for all
criteria pollutants. Modified Alternative 1, the temporary ban, should
have a beneficial impact by reducing potential emissions.
Implementation of the other alternatives and the No Action Alternative
should not appreciably affect air quality. Regarding Section 4(f) of
the Department of Transportation Act, Section 4(g) is not triggered
because the proposed Final Rule does not involve construction activity
so as to cause actual, physical use of RMNP. Further, the proposed
Final Rule potentially reduces rather than increase noise levels, and
accordingly does not substantially interfere with the use and value of
RMNP, resulting in a constructive use. The EA has not disclosed
potentially significant direct or indirect impacts affecting the
quality of the human environment. Based on this EA, it has been
determined that no additional environmental analysis is required and
that all aspects of the proposed Federal action are consistent with a
Finding of No Significant Impact.
Alternatives
The FAA completed an analysis of various alternatives identified in
the Proposed Final Rule, including an explanation for the selection of
a modified Alternative 1 as the Preferred Alternative. Modified
Alternative 1 is a temporary ban, which is to expire upon adoption of a
national rule on air tour standards as explained above. In developing
alternatives for study in this EA, the FAA was guided by the purposes
and need for this rulemaking and its statutory mission and objectives,
as well as those of the NPS. Alternatives other than the temporary ban
that were considered were a limit on commercial aviation sightseeing
tour below 2,000 feet AGL in RMNP, and voluntary agreements. The ``no
action'' alternative, the continued possibility of air tour operators
to conduct tour flights over RMNP, was also considered. It was found to
have no significant environmental impacts. However, it does not meet
the FAA's and NPS objective to initiate preventive action to preserve
the natural enjoyment of visitors to the RMNP.
Conclusion
After careful and thorough consideration of the facts contained
herein, the undersigned finds that the proposed Federal action is
consistent with existing national environmental policies and objectives
as set forth in Section 101(a) of the National Environmental Policy Act
of 1969, as amended (NEPA) and that it will not
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significantly affect the quality of the human environment or otherwise
include any condition requiring consultation pursuant to Section
102(2)(c) of NEPA.
Dated: January 6, 1997.
Nancy B. Kalinowski,
Manager, Planning and Analysis Division, ATA-200, Air Traffic Airspace
Management, FAA Headquarters.
[FR Doc. 97-664 Filed 1-10-97; 8:45 am]
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