Notice of Finding of No Significant Impact

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.

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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

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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

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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]

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