[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 55060-55061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19490]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Termination of Previously Initiated Processes for the Development 
of Air Tour Management Plans and Environmental Assessments/
Environmental Impact Statements for Various National Park Units and 
Notice of Intent To Complete Air Tour Management Plans at 23 National 
Park Units

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of Termination of Previously Initiated Processes for Air 
Tour Management Plans and Associated Environmental Documents and Notice 
of Intent to Complete Air Tour Management Plans at 23 National Park 
Units.

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SUMMARY: The Federal Aviation Administration (FAA), in cooperation with 
the National Park Service (NPS), announces that it is terminating 
previously initiated processes for the development of Air Tour 
Management Plans (ATMP) and Environmental Assessments (EA)/
Environmental Impact Statements (EIS) for a number of National Park 
System units. The agencies had initiated and actively worked these 
processes at a number of parks from 2004 to 2011 but ceased all work by 
September 2012 due to a focus on other program priorities. Given the 
length of time since these processes were initiated and actively 
worked, termination of these processes will allow the agencies to start 
anew with the development of ATMPs and associated environmental 
documents at these and other parks.

FOR FURTHER INFORMATION CONTACT: Keith Lusk, Program Manager, AWP-1SP, 
Federal Aviation Administration, Western-Pacific Region, 777 S Aviation 
Boulevard, Suite 150, El Segundo, California 90245. Telephone: (424) 
405-7017.

SUPPLEMENTARY INFORMATION: In the following Federal Register notices 
the FAA, in cooperation with the National Park Service (NPS), had 
provided notice of its intent to develop EA/EIS documents for the ATMPs 
at various National Park System units pursuant to the National Parks 
Air Tour Management Act of 2000 (NPATMA) (Pub. L. 106-181) and its 
implementing regulations contained in 14 CFR part 136, subpart B, 
National Parks Air Tour Management:
    Haleakala National Park (68 FR 3301, Jan. 23, 2003; 69 FR 9420-
9422, Feb. 27, 2004; and 71 FR 66575-66576, Nov. 15, 2006);
    Hawaii Volcanoes National Park (68 FR 3301-3302, Jan. 23, 2003; 69 
FR 9420-9422, Feb. 27, 2004; and 70 FR 44416-44417, Aug. 2, 2005);
    Mount Rushmore National Memorial (69 FR 20660-20661, Apr. 16, 
2004);
    Badlands National Park (69 FR 20658-20659, Apr. 16, 2004);
    Lake Mead National Recreation Area (69 FR 20659-20660, Apr. 16, 
2004);
    Death Valley National Park (75 FR 2922-2923, Jan. 19, 2010);
    Mount Rainier National Park (75 FR 16899-16900, Apr. 2, 2010; 75 FR 
18568-18569, Apr. 12, 2010); and
    Golden Gate National Recreation Area/San Francisco Maritime 
National Historical Park/Point Reyes National Seashore (76 FR 45312, 
July 2011).
    In 2004, the FAA and NPS began preparing environmental 
documentation to comply with NPATMA and the National Environmental 
Policy Act (NEPA) (Pub. L. 91-190), which requires Federal agencies to 
consider the environmental impacts associated with a major Federal 
action, such as completing an ATMP. The agencies were unable to 
complete any ATMPs due primarily to differences in their respective 
approaches to environmental analysis.
    In 2012, the agencies ceased work on the development of ATMPs and 
associated environmental documentation at these parks and refocused 
efforts on implementation of various NPATMA amendment provisions 
included in the FAA Modernization and Reform Act of 2012 (Pub. L. 112-
95). In particular, the agencies focused on the development of 
Voluntary Agreements (VAs), which do not require compliance with NEPA.
    On February 14, 2019, Public Employees for Environmental 
Responsibility and the Hawaii Coalition Malama Pono filed a petition 
for writ of mandamus in the U.S. Court of Appeals for the District of 
Columbia Circuit seeking to have the FAA and the NPS complete air tour 
management plans or voluntary agreements at seven specified parks. On 
May 1, 2020, the Court granted the petition and ordered the

[[Page 55061]]

FAA and the NPS to file a proposed schedule within 120 days for 
bringing all 23 eligible parks into compliance with NPATMA within two 
years or to provide specific, concrete reasons why it would take 
longer.
    The agencies intend to bring the 23 national park units referenced 
in the Court's order into compliance with NPATMA over the next two 
years through the development of ATMPs or, secondarily, voluntary 
agreements. The 23 national park units, listed below, consist of the 
ten aforementioned park units along with 13 other park units where the 
ATMP process was never initiated.

1. Arches National Park
2. Badlands National Park
3. Bandelier National Monument
4. Bryce Canyon National Park
5. Canyon de Chelly National Monument
6. Canyonlands National Park
7. Death Valley National Park
8. Everglades National Park
9. Glacier National Park
10. Glen Canyon National Recreation Area
11. Golden Gate National Recreation Area
12. Great Smoky Mountains National Park
13. Haleakal[amacr] National Park
14. Hawai'i Volcanoes National Park
15. Lake Mead National Recreation Area
16. Mount Rainier National Park
17. Mount Rushmore National Memorial
18. Natural Bridges National Monument
19. National Parks of New York Harbor Management Unit
20. Olympic National Park
21. Point Reyes National Seashore
22. Rainbow Bridge National Monument
23. San Francisco Maritime National Historical Park

    In accordance with NPATMA, for each ATMP the agencies develop, they 
will hold at least one public meeting, publish the proposed ATMP in the 
Federal Register, comply with NEPA, and invite Tribes to participate as 
cooperating agencies, as appropriate. The agencies intend to accomplish 
these requirements in a consolidated fashion to the extent practical. 
The agencies have been meeting regularly over the last year to resolve 
past disagreements over the environmental analysis and NEPA compliance 
and have successfully resolved key concerns. Both agencies will sign 
the ATMPs and environmental decision documents. All ATMPs that the 
agencies create will include adaptive management measures to ensure the 
continued effectiveness of each ATMP over time. For any voluntary 
agreement, the agencies will provide an opportunity for public review 
and, where applicable, tribal consultation.

    Issued in El Segundo, California on August 31, 2020.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2020-19490 Filed 9-2-20; 8:45 am]
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