[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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