Cape Lookout National Seashore; Operation of Aircraft

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:

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Standard Description

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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.

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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]

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