[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Proposed Rules]
[Pages 35887-35888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16964]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC29
Cape Lookout National Seashore; Operation of Aircraft
AGENCY: National Park Service.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to close the
Portsmouth Village Airstrip at Cape Lookout National Seashore, North
Carolina, to the operation of aircraft. This action is necessary to
prevent aircraft accidents and eliminate a use that is incompatible
with preserving the historic scene in Portsmouth Village, a historic
district listed on the National Register of Historic Places. The
primary intent of this proposed rule is to protect the flying public by
closing an airstrip that does not comply with Federal Aviation
Administration and North Carolina Department of Transportation safety
standards. Secondary goals include reducing the potential for an
aircraft accident destroying one or more irreplaceable historic
structures, eliminating the anachronistic intrusion of aircraft in a
historic village and providing for the safety of park visitors who
cross the runway as they walk from the Village to the beach. Aircraft
noise and the visual intrusions detract from the visitor's opportunity
to experience Portsmouth Village in a quiet setting, appropriate to the
period it represents.
DATES: Written comments will be accepted through September 11, 1995.
ADDRESSES: All comments should be addressed to: Mr. William A. Harris,
Superintendent, 131 Charles Street, Harkers Island, North Carolina
28531.
FOR FURTHER INFORMATION CONTACT: Charles F. Harris, Chief of Park
Operations, 131 Charles Street, Harkers Island, North Carolina 28531;
(919) 240-1409.
SUPPLEMENTARY INFORMATION:
Background
The Portsmouth Village Airstrip (Airstrip) is located on the
northeast corner of Portsmouth Village (Village), NC. The Village is
geographically remote because of its location on a part of the outer
banks (Core Banks) that is not connected to the mainland by bridge. The
origins of Portsmouth Village can be traced back to 1752, when it was
authorized by the Colonial Legislature of North Carolina. There are no
permanent residents in this well-preserved ``ghost town.'' The
historical significance of Portsmouth Village is underscored by its
listing on the National Register of Historic Places. Approximately
2,000+ people visit the Village annually.
Long-term residents in the Portsmouth Village area report that the
unpaved Airstrip was constructed by private individuals for
recreational use shortly after World War II. In this earlier period,
the Airstrip was not as long as it is today, but was leveled and
extended to its present approximate length of 1640 feet in 1959.
The NPS began managing the Airstrip after North Carolina ceded Core
Banks to the Federal government to establish Cape Lookout National
Seashore (Seashore) in 1976. Seashore management has maintained the
grass surface and trimmed back encroaching woody vegetation to the
extent that limited funding allows. In 1984, the NPS composed a
regulation, Section 7.98(a), in Title 36, Code of Federal Regulations,
legalizing aircraft operations on the Airstrip.
The NPS recently became concerned about potential hazards related
to aircraft operations on the Airstrip. These concerns stem from a
report by an inspector of the North Carolina Department of
Transportation, Division of Aviation, that the airstrip does not meet
the following Federal Aviation Administration runway standards:
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Standard Description
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FAA, Part 77........ Each end of the runway should have a 20 to 1
approach slope. (Obstacles should not exceed more
than one foot of rise for every 20-foot increment
of horizontal distance from the end of a runway).
FAA AC 150/5300-1300 Each side of the runway centerline should be clear
of obstacles by at least 125 feet.
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Instead, brush and small trees up to 12 feet tall grow on the south
end of the airstrip. Dense brush and trees growing on the airstrip
edges narrow the area clear of obstacles from the centerline to an
average of only 59 feet, less than half the recommended width.
[[Page 35888]]
Although several accidents have occurred to aircraft landing on or
taking off from the airstrip, only three are officially documented with
the National Transportation Safety Board (NTSB). A review of these NTSB
reports indicate that the airstrip is considered ``unsuitable terrain''
because it has a soft spot at its center and has ``high obstructions''
(dense brush and trees up to 20 feet tall) lining the runway.
Protecting irreplaceable historic structures and preserving the
historic scene are also very important concerns related to aircraft
use. One of the most important historic structures in Portsmouth
Village, the Portsmouth Life Saving Station (Station), is only 101 feet
east of the airstrip centerline. A detached kitchen for the Station is
only 78 feet east of the centerline. And, the Station-stable is only 89
feet west of the centerline. The possibility of aircraft eventually
colliding with structures so close to the center line is high with
continued use of this narrow Airstrip. It would be necessary to move
the Station and nearby associated structures to bring the Airstrip
completely into compliance with FAA standards. Moving historic
structures from their original locations seriously degrades their
historical significance. The National Historic Preservation Act
provisions generally do not permit Federal agencies to take such action
(incompatible uses do not justify such action).
Direct impact is not the only concern. The Airstrip and Village lie
in a mixed brush/maritime forest. Dense vegetation of this plant
community grows inside Portsmouth Village. Fire from an aircraft
accident in the vicinity of the Airstrip could easily spread from the
brush/forest into the Village and destroy many structures. Because of
its isolated character, fire suppression services are minimal in the
area. The foot and vehicle trail from the Village to the beach crosses
the Airstrip at the old Lifesaving Station. Visitors are potentially
exposed to aircraft takeoffs and landings that they often cannot hear.
Visitors also desire a quiet, historic scene to enjoy Portsmouth
Village. Aircraft noise and visual intrusions are not conducive to
preserving such a setting.
Approximately 300 of the 2,000+ persons visiting the Village
annually arrive by aircraft. (This estimate is based on approximately
75 aircraft landings recorded by staff annually, with an average of
four visitors per aircraft.) An alternate airport, Ocracoke Island
Airport, is just six miles from the Airstrip. Ferry boat services
provide transportation between Ocracoke and the Village for $15 to $20
per person. At least one of these services offers free ground
transportation between Ocracoke Island Airport and the ferry dock for
groups that prefer landing at Ocracoke Island Airport rather than the
Airstrip.
The anticipated costs, approximately $40,000, of clearing
vegetation from the Airstrip centerline and repairing the runway
surface (levelling and resodding) are prohibitive under present funding
levels for the Seashore. The estimated annual cost for maintaining the
grass surface of the Airstrip is $3,000, also prohibitive under present
fiscal constraints.
Summary
The Airstrip does not comply with FAA safety standards. The flying
public should not be exposed to the potential hazards associated with
operating aircraft from a substandard airstrip; and, the taxpayer
should not risk liability for an aircraft accident resulting from a
defect in the Airstrip. Derogating the historical significance of
nearby National Register structures to accommodate aircraft operations
is not justifiable. Even if funding levels allowed compliance with
safety standards, low visitor use and availability of a nearby
alternate airport with connecting transportation services suggest that
such an expenditure is neither cost-effective nor warranted. For these
reasons, the NPS proposes closing Portsmouth Village Airstrip by
revoking 36 CFR 7.98(a).
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rule making process. Accordingly, interested persons may submit written
comments regarding this proposed rule to the address noted at the
beginning of this rule making. The NPS will review comments and
consider making changes to the rule based upon an analysis of the
comments.
Draft Information.
The primary authors of this rule are Felix Revello, Supervisory
Park Ranger and Charles Harris, Chief of Park Operations, both of
Cape Lookout National Seashore.
Paperwork Reduction Act
This rule does not contain information collection requirements
which require approval by the Office of Management and Budget under 44
U.S.C. 3501 et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 USC 601 et seq). The economic effects of this rulemaking are
local in nature and negligible in scope.
The NPS has determined that this proposed rulemaking will not have
a significant effect on the quality of the human environment, health
and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
character of the area or causing physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, and in accord with the procedural
requirements of the National Environmental Policy Act (NEPA), and by
Departmental Regulations in 516 DM 6, (49 FR 21438) an Environmental
Assessment (EA) and a Finding of No Significant Impact (FONSI) have
been prepared.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, it is proposed to amend 36 CFR
Chapter I as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Section 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
Sec. 7.98 [Removed and Reserved]
2. Section 7.98 is removed and reserved.
Dated: June 9, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-16964 Filed 7-11-95; 8:45 am]
BILLING CODE 4310-70-P
