[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:

------------------------------------------------------------------------
      Standard                            Description                   
------------------------------------------------------------------------
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.               
------------------------------------------------------------------------

    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