[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Notices]
[Pages 28100-28101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13521]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Establishment of a Joint National Parks Overflights
Working Group; National Park Service and Federal Aviation
Administration
ACTION: Notice.
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SUMMARY: The National Park Service (NPS) and Federal Aviation
Administration (FAA) announce the establishment of the National Parks
Overflights Working Group (NPOWG). The NPOWG is formed to recommend a
proposed regulation which would define the process for reducing or
preventing the adverse effects of commercial sightseeing flights over
units of the National Park System. The NPS and FAA believe that the
working group will provide the best forum for obtaining input to
rulemaking on the issue of overflights of the national park units. This
notice serves to inform the public of the formation of the working
group.
DATES: The National Parks Overflights Working Group is established on
May 19, 1997, and will terminate on September 2, 1997.
FOR FURTHER INFORMATION CONTACT:
Carla Mattix, Officer of the Solicitor, U.S. Department of the
Interior, 1849 C
[[Page 28101]]
St., NW, Washington, DC 20240, telephone: (202) 208-7957, or Linda
Williams, Office of Rulemaking, Federal Aviation Administration, 800
Independence Ave., Washington, DC 20591, telephone: (202) 267-9685.
SUPPLEMENTARY INFORMATION:
Background
In 1987, Congress enacted Public Law 100-91, commonly known as the
National Parks Overflights Act. The Act mandated a number of studies
related to the effects of overflights on parks and directed the
National Park Service to report to Congress its results. In March 1994,
the FAA and NPS issued an advanced notice of rulemaking. Approximately
2,000 substantive comments were received; many thousands of additional
comments were received as form letters.
In September 1994, the NPS issued their report to Congress.
Recommendation No. 5 recommended that ``FAA develop an operational rule
to regulate air tour operations where they have or may have adverse
effects on national parks.'' NPS also identified a list of parks where
it found that maintaining or restoring the natural quiet is an
immediate priority.
By memorandum of April 22, 1996, President Clinton directed the
Secretary of Transportation in consultation with relevant departments
and agencies to issue a notice of proposed rulemaking for ``the
management of sightseeing aircraft in those National Parks where it is
deemed necessary to reduce or prevent the adverse effects of such
aircraft.'' The regulation should, at a minimum, establish a framework
for managing air traffic over those park units identified in the 1994
NPS study, as priorities for (1) Resolution of airspace issues and (2)
maintaining or restoring natural quiet.''
Formation of the Working Group
The FAA has established an Aviation Rulemaking Advisory Committee
(ARAC) [56 FR 2190, January 20, 1991; and 58 FR 9230, February 19,
1993] and the NPS has established the NPS Advisory Board under 49 Stat.
667; 16 U.S.C. 463, section 3 of the Act of August 21, 1935, as
amended. The working group is established to recommend a notice of
proposed rulemaking which would define the process to reduce or prevent
the adverse effects of low-level commercial sightseeing flights over
the National Parks where deemed necessary. The recommended proposed
regulation should be limited to address the effects if commercial
sightseeing flights over the units of the National Park System.
Specifically, the working group is tasked to:
Define the process to reduce or prevent the adverse effects of
commercial sightseeing flights over units of the national park
system. Factors for consideration in the process may include
voluntary, negotiated solutions and an appeal process.
The overflights working group is composed of nine members
representing a balance of air tour operators, both fixed and rotary
wing; general aviation users; other commercial aviation interests;
national tour associations; environmental groups; and Native Americans.
Co-chairs for the working group will be selected by the Department of
Transportation (DOT) and the Department of Interior (DOI). DOT and DOI
representatives will act as advisors to the membership, but will not be
active members of the working group. A facilitator will provide focus
for the group.
The working group will terminate 100 days from the date of its
initial meeting. The group will make its final recommendations to the
ARAC and NPS Advisory Board at the end of that 100 days. The ARAC and
NPS Advisory Board will review the recommendations of the working group
and report to the NPS and FAA. Progress or status reports from the
working group are expected every 21 days. NPS and FAA anticipate that
the final product of the NPOWG will be a recommended notice of proposed
rulemaking.
The final report of the NPOWG will be made available to the public
when it is reported to the Advisory Board and ARAC. In addition, both
agencies envision that public meetings will be held following the
publication of a notice of proposed rulemaking on the issues regarding
overflights of the national parks.
The Secretary of the Interior and the Secretary of Transportation
have determined that this working group is in the public interest
because it presents an opportunity for interested groups to present
their varied perspectives on the rulemaking.
Related Rulemaking
On January 3, 1997, the FAA issued a final rule temporarily banning
commercial air tour overflights of the Rocky Mountain National Park [62
FR 1192; January 8, 1997]. In that final rule the FAA stated that this
temporary Special Federal Aviation Regulation would expire as soon as a
general rule on overflights of the national parks is adopted.
In addition, the FAA has underway a rulemaking effort to establish
safety standards for all air tour operations.
Issued in Washington, DC on May 19, 1997.
Joseph A. Hawkins,
Director of Rulemaking, Federal Aviation Administration.
[FR Doc. 97-13521 Filed 5-19-97; 4:27 pm]
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