[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Notices]
[Pages 14429-14430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6101]



[[Page 14429]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Establishment of a National Parks Overflight Advisory 
Group

AGENCIES: Federal Aviation Administration, DOT; and National Park 
Service, Interior.

ACTION: Notice.

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SUMMARY: The National Park Service (NPS) and Federal Aviation 
Administration (FAA) in accordance with the National Parks Air Tour 
Management Act of 2000, announce the establishment of the National 
Parks Overflights Advisory Group (NPOAG). The NPOAG is formed to 
provide continuing advice and counsel with respect to commercial air 
tour operations over and near national parks. This notice informs the 
public of the establishment of the advisory group and delineates the 
nomination procedures.

DATES: The National Parks Overflights Advisory Group will be 
established on April 5, 2001.

FOR FURTHER INFORMATION CONTACT: Howard Nesbitt, Flight Standards 
Service, Federal Aviation Administration, 800 Independence Ave., SW., 
Washington, DC 20591, telephone: (202) 493-4981, or Marvin Jensen, 
Soundscapes Office, National Park Service, 1201 Oak Ridge Drive, Suite 
200, Ft. Collins, Colorado 80525, telephone: (970) 225-3563. Persons 
interested in serving on the advisory group should contact Mr. Nesbitt 
or Mr. Jensen on or before April 2, 2001.

SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was 
enacted on April 5, 2000, as Public Law 106-181 (Pub. L. 106-181). The 
Act applies to ``commercial air tour operations'' occurring over a unit 
of the national park system or tribal lands within or abutting a 
national park. A commercial air tour operation is defined in the Act as 
a ``flight conducted for compensation or hire in a powered aircraft 
where a purpose of the flight is sightseeing over a national park, 
within \1/2\ mile outside the boundary of any national park, or over 
tribal lands, during which the aircraft flies--(i) below a minimum 
altitude, determined by the Administrator in cooperation with the 
Director, above ground level (except solely for purposes of takeoff or 
landing, or necessary for safe operation of aircraft as determined 
under the rules and regulations of the Federal Aviation Administration 
requiring the pilot-in-command to take action to ensure the safe 
operation of the aircraft) or (ii) less than 1 mile laterally from any 
geographic feature within the park (unless more than \1/2\ mile outside 
the boundary).'' See Section 803 of the Act, to be codified at 49 
U.S.C. Section 40128(f)(4)(A). In making the determination as to 
whether a flight is a commercial air tour operation, the Act lists 
eight factors that the Administrator may consider. Id. at 
40128(f)(4)(B). The term ``tribal land'' is defined in the Act as 
``Indian Country (as that term is defined in section 1151 of title 18 
of the U.S. Code) that is within or abutting a national park.'' The 
term ``National Park'' is defined in the Act as ``any unit of the 
national park system.'' All commercial air tour operations must be 
conducted in accordance with the following: (1) Title 49 of the U.S. 
Code (U.S.C.) Section 40128; (2) conditions and limitations prescribed 
for that operator by the FAA; and (3) any applicable air tour 
management plans.
    The Act states that ``Before commencing commercial air tour 
operations over a national park or tribal lands, a commercial air tour 
operator shall apply to the Administrator for authority to conduct the 
operations over the park or tribal lands.'' See Section 803 of the Act, 
to be codified at 49 U.S.C. Section 40128(a)(2)(A). This application 
then triggers the process for the FAA and NPS to cooperatively develop 
an air tour management plan (ATMP) for that park or tribal land. the 
objective of the ATMP process is to ``develop acceptable and effective 
measures to mitigate or prevent the significant adverse impacts, if 
any, of commercial air tour operations upon the natural and cultural 
resources, visitor experiences, and tribal lands.'' See Section 803 of 
the Act, to be codified at 49 U.S.C. Section 40128(b)(1)(B).
    The Act also provides that ``upon application for operating 
authority, the Administrator shall grant interim operating authority 
under 49 U.S.C. section 40128(c) to a commercial air tour operator for 
commercial air tour operations over a national park or tribal lands for 
which the operator is an existing commercial air tour operator. See 
Section 803 of the Act to be codified at 49 U.S.C. section 40128(c)(1). 
Such interim operating authority is subject to a number of requirements 
and limitations, including a limit on the number of commercial air tour 
operations that may be conducted on an interim basis pending issuance 
of the ATMP for that park.''
    In accordance with Pub. L. 106-181, the FAA and NPS have prepared a 
notice of proposed rulemaking proposing an altitude that will complete 
the definition of a ``commercial air tour operation''. It can be 
expected that this NPRM will be issued shortly. In the meantime, to 
meet the mandate of the public law, the FAA and NPS publish this notice 
establishing the advisory group that will serve to advise and counsel 
the persons implementing the regulations when they are adopted.

Advisory Group Requirements of Public Law 106-181

    Pub. L. 106-181 requires the establishment of the advisory group 
within 1 year after its enactment. the advisory group is to be 
comprised of a balanced group of representatives of general aviation; 
commercial air tour operations; environmental concerns; and Indian 
tribes. The Administrator and the Director (or their designees) are to 
serve as ex officio members of the group. Representatives of the 
Administrator and Director will serve alternating 1-year terms as 
chairman of the advisory group. The Administrator's representative will 
serve the first term, which will terminate at the end of the calendar 
year following the year in which the advisory group is established.
    The advisory group will provide advice, information, and 
recommendations to the Administrator and the Director--
    (1) On the implementation of this title [the Act] and the 
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in 
commercial air tour operations over a national park or tribal lands, 
which will receive preferential treatment in a given air tour 
management plan;
    (3) On other measures that might be taken to accommodate the 
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety, 
environmental, and other issues related to commercial air tour 
operations over a national park or tribal lands.
    Members of the advisory group may be allowed certain travel 
expenses as authorized by section 5703 of title 5, United States Code, 
for intermittent Government service.

Public Participation in the Advisory Group

    The FAA and NPS invite members of the public who are interested in 
serving on the advisory group to contact the person listed under FOR 
FURTHER

[[Page 14430]]

INFORMATION CONTACT. Requests to participate should be made in writing 
and postmarked on or before April 12, 2001. The request should indicate 
whether or not they are a member or an official of a particular 
interest group. The request should also state whether or not they are 
proposing to represent air tour, conservation, or Native American 
interests while serving on the group. The term of service of advisory 
group members will be determined by the group itself once it is 
convened.
    At this time all persons who anticipate being covered by the 
regulation are invited to submit their requests. Once an altitude is 
established the FAA will once again allow any parties who did not 
convey an interest because they didn't think they were within the scope 
of the act to indicate their interest. Membership of the advisory group 
will be representative of the balanced interests of overflights of 
national parks as enumerated by Pub. L. 106-181 discussed above. 
Membership will be limited in number to facilitate efficiency in advice 
and counsel.

    Issued in Washington, DC on March 7, 2001.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 01-6101 Filed 3-9-01; 8:45 am]
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