[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 1796]] 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 [[Page 1797]] 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] BILLING CODE 4910-13-M