80_FR_22683 80 FR 22606 - Grand Canyon National Park Quiet Aircraft Technology Incentive: Seasonal Relief From Allocations in the Dragon and Zuni Point Corridors

80 FR 22606 - Grand Canyon National Park Quiet Aircraft Technology Incentive: Seasonal Relief From Allocations in the Dragon and Zuni Point Corridors

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range22606-22611
FR Document2015-09380

On November 10, 2014, the Federal Aviation Administration (FAA) and the National Park Service (NPS) published in the Federal Register [79 FR 66763-66765] a notice of the agencies' proposal to provide a quiet aircraft technology incentive for commercial air tour operators at Grand Canyon National Park and a request for public comments. Specifically, the agencies proposed to provide seasonal relief from allocations in the Dragon and Zuni Point corridors for commercial air tour operators that convert or have converted to quiet aircraft technology. The FAA and the NPS have reviewed and considered all comments, and have decided to proceed with implementation of the incentive as proposed. This notice describes that decision and responds to the substantive comments received.

Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015)
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22606-22611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09380]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

DEPARTMENT OF THE INTERIOR

National Park Service

[Docket No. FAA-2014-0782]


Grand Canyon National Park Quiet Aircraft Technology Incentive: 
Seasonal Relief From Allocations in the Dragon and Zuni Point Corridors

AGENCY: Federal Aviation Administration, Transportation; National Park 
Service, Interior.

ACTION: Final notice to announce implementation and disposition of 
public comments.

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SUMMARY: On November 10, 2014, the Federal Aviation Administration 
(FAA) and the National Park Service (NPS) published in the Federal 
Register [79 FR 66763-66765] a notice of the agencies' proposal to 
provide a quiet aircraft technology incentive for commercial air tour 
operators at Grand Canyon National Park and a request for public 
comments. Specifically, the agencies proposed to provide seasonal 
relief from allocations in the Dragon and Zuni Point corridors for 
commercial air tour operators that convert or have converted to quiet 
aircraft technology. The FAA and the NPS have reviewed and considered 
all comments, and have decided to proceed with implementation of the 
incentive as proposed. This notice describes that decision and responds 
to the substantive comments received.

DATES: This incentive is effective as of January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Keith Lusk, Program Manager, Federal 
Aviation Administration, P.O. Box 92007, Los Angeles, California 90009-
2007; telephone (310) 725-3808; email [email protected] Robin Martin, 
Chief, Office of Planning and Compliance, Grand Canyon National Park, 
P.O. Box 129, Grand Canyon, Arizona 86023-0129; telephone (928) 638-
7684; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Authority

    Authority: Moving Ahead for Progress in the 21st Century Act, 
Sec. 35001, Pub. L. 112-141, 126 Stat. 843; National Parks Air Tour 
Management Act, Sec. 804, Pub. L. 106-181, 114 Stat. 192.

    1. The National Park Overflights Act of 1987, Pub. L. 100-91, 
directed the Secretary of the Interior and the Administrator of the FAA 
to take actions to provide for the substantial restoration of the 
natural quiet and experience of Grand Canyon National Park and the 
protection of public health and safety from adverse effects associated 
with aircraft overflight. As part of these actions, operational limits 
for commercial air tour operations at Grand Canyon National Park (the 
park) were imposed by FAA regulations at 14 CFR part 93 issued on April 
4, 2000. With some exceptions not relevant to this notice, these 
regulations establish an allocation scheme for the park, require 
commercial air tour operators to use one allocation for each flight 
that is a commercial air tour, and prohibit operators from conducting 
more commercial air tours in any calendar year than the number of 
allocations specified on the certificate holder's operations 
specifications issued by the FAA. 14 CFR 93.319.
    2. The National Parks Air Tour Management Act (NPATMA), Pub. L. 
106-181, was signed into law on April 5, 2000. Section 804(a) required 
the FAA to designate reasonably achievable requirements for fixed-wing 
and helicopter aircraft to be considered quiet aircraft technology (QT) 
for purposes of the statute's provisions. In 2005, the FAA issued a 
final rule classifying aircraft operating in Grand Canyon National Park 
and designating aircraft that meet the noise criteria as QT. 70 FR 
16084-16093. These regulations were codified at 14 CFR 93.303 and 
Appendix A to Subpart U of Part 93. Under NPATMA section 804(c), 
commercial air tour operations by fixed-wing or helicopter aircraft 
that employ QT and that replace existing aircraft are not subject to 
the operational flight allocations that apply to other commercial air 
tour operations at the park, provided that the cumulative impact of 
such operations does not increase noise at the Grand Canyon. Section 
804(d) provides that a commercial air tour operation by an aircraft in 
a commercial air tour operator's fleet on the date of enactment of 
NPATMA that meets QT requirements or is subsequently modified to meet 
QT requirements may be used for commercial air tour operations under 
the same terms and

[[Page 22607]]

conditions as section 804(c) without regard to whether it replaces an 
existing aircraft. In addition, NPATMA expressly states that it does 
not relieve or diminish the statutory mandate to achieve substantial 
restoration of natural quiet and experience at the park.
    3. Section 35001 of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21), Pub. L. 112-141, July 6, 2012, directs the 
Secretary of the Interior and the Administrator of the Federal Aviation 
Administration to provide incentives for commercial air tour operators 
that convert to QT, determined in accordance with the regulations then 
in effect. MAP-21 gives as an example of an incentive increasing the 
flight allocations for operators of QT on a net basis consistent with 
section 804(c) of NPATMA, provided that the cumulative impact of such 
operations does not increase noise at the Grand Canyon. MAP-21 also 
provides that all commercial air tour operators must convert to QT by 
2027.

II. Background

    Congress has encouraged the use of quiet aircraft technology (QT) 
as one means of addressing noise from commercial air tours at Grand 
Canyon National Park. The FAA was required by NPATMA to designate 
reasonably achievable requirements for fixed-wing and helicopter 
aircraft to be considered QT, and issued a final rule to accomplish 
this in 2005. This rule did not include QT incentives and did not 
relieve commercial air tour operators of their operational limitations. 
NPATMA's provision that allocations do not apply to QT operations only 
takes effect if the cumulative impact of such operations does not 
increase noise at the Grand Canyon. Although the FAA concluded that 
aircraft that meet the QT designation are consistently quieter than 
aircraft that do not, 70 FR 16088, neither the FAA nor the NPS had 
sufficient data at that time to determine whether noise would increase 
if limits on the number of QT operations were removed. In addition, 
NPATMA expressly states that it does not relieve or diminish the 
statutory mandate to achieve substantial restoration of natural quiet 
and experience at the park. Substantial restoration of natural quiet 
had not been determined to be achieved at that time. Various QT 
incentives were considered by the agencies following the 2005 final 
rule, but were not finalized.
    MAP-21, enacted in July 2012, provided additional direction to the 
FAA and the NPS on QT incentives. In response to MAP-21, the NPS, in 
consultation with the FAA, reduced the fees applicable to commercial 
air tour operations at the Grand Canyon by 20 percent (from $25 to $20 
per flight) for an air tour using QT effective January 1, 2014. On 
February 3, 2014, the FAA, in consultation with the NPS, announced its 
intention to distribute FAA-held allocations to commercial tour 
operators in proportion to the number of QT operations flown in the 
first six months of 2014. 79 FR 6267-6268. These allocations were 
subsequently distributed for use for QT flights during the 2014 air 
tour season and beyond.

III. Seasonal Relief From Allocations for QT in the Dragon and Zuni 
Point Corridors

    Following notice and public comment, the FAA and the NPS have 
decided to provide an additional QT incentive in the Dragon and Zuni 
Point corridors where QT can have the greatest positive effect on park 
resources and where the need for relief from allocations has been 
demonstrated. Under this incentive, commercial air tour operators 
flying QT aircraft in the Dragon and Zuni Point corridors initially 
will be relieved from having such operations count against their annual 
allocations in the first quarter (January 1-March 31) of 2015. The FAA 
and the NPS will use the quarterly reports that are currently required 
to be submitted by the operators to determine the number of QT flights 
flown during the first quarter that will not count against their annual 
allocations. During this first quarter, QT flights will not use an 
allocation, while non-QT flights must still use an allocation. All 
commercial air tour flights, QT and non-QT, must use an allocation for 
the remainder of the year (April 1-December 31). However, operators 
will continue to benefit from the seasonal relief throughout the 
remainder of the year since they may use allocations in April through 
December that they would otherwise have used for QT flights conducted 
in January through March.
    The first quarter of the calendar year, when park visitation and 
demand for air tours are seasonally low, has historically had the 
lowest level of commercial air tour operations. Providing this 
incentive initially in the first quarter of 2015 is a prudent action 
that gives the FAA and the NPS an opportunity to evaluate the impact of 
the incentive, including the extent to which commercial air tour 
operators continue to use QT in the remainder of the year which will 
produce additional noise benefits for the park. The FAA and the NPS 
want to incentivize commercial air tour operators to maximize the use 
of QT throughout the year. To that end, the seasonal relief from 
allocations may be extended to part or all of the fourth quarter 
(October 1-December 31) in 2016 and following years, in addition to the 
first quarter, based on an evaluation of the preceding year. In 2015, 
the more that increased QT use reduces the noise level below the noise 
baseline described in the following paragraph, the greater the prospect 
for operators to have additional seasonal relief from allocations in 
2016.
    To meet the statutory conditions in NPATMA and MAP-21, the FAA and 
the NPS must ensure that the cumulative impact of QT operations 
relieved from allocations does not increase noise at the park. Neither 
NPATMA nor MAP-21 specifies a methodology for calculating whether the 
cumulative impact of relieving QT operations from allocations would 
increase noise. After extensive consideration of the statutory language 
and the associated technical issues, the FAA and the NPS have 
determined that, for this seasonal relief incentive, the annual noise 
from both QT and non-QT commercial air tour flights conducted in the 
Dragon and Zuni Point corridors must not exceed the annual noise level 
of commercial air tour flights under the current Dragon and Zuni Point 
corridors allocation system.
    The agencies have agreed that the cumulative noise impact \1\ will 
be evaluated in terms of the total amount of commercial air tour noise 
energy occurring inside park boundaries averaged over an entire year. 
The agencies further agreed that the most suitable way to ensure that 
the seasonal relief from allocations incentive for QT operations in the 
Dragon and Zuni Point corridors does not increase noise in the park is 
to compute noise at a large number of grid points throughout the park, 
instead of only using grid points in the Dragon and Zuni Point 
corridors. Accordingly, the NPS and the FAA used a grid of 1224 points 
with 2 km spacing across the park. Technical experts from both agencies 
also determined that a single number provides the most straightforward 
means of determining whether there is an increase in noise. This number 
is calculated by taking the total noise energy calculated for a year's 
air tour data at each of the individual grid points and averaging it 
over the entire park--resulting in a single LEQ12 value.\2\
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    \1\ Cumulative noise impact is not the same criterion as the 
substantial restoration of natural quiet (SRNQ). SRNQ is calculated 
and determined on the peak day of air tour operations using the 
percent time audible metric.
    \2\ LEQ12 stands for Equivalent Sound Level for 12 
hours, which is a cumulative measure of the noise exposure of A-
weighted sound levels over a 12-hour period. LEQ12 is one 
of several metrics used to evaluate air tour noise in Grand Canyon 
and other national parks. The metric takes into account aircraft 
noise levels, the number of aircraft operations, and the duration of 
noise. A 12-hour LEQ is used since air tour operations occur during 
the day, rather than over a 24-hour period.

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[[Page 22608]]

    Using this methodology, the FAA and the NPS have modeled the annual 
noise of commercial air tour allocations in the Dragon and Zuni Point 
corridors as flown with the 2012 commercial air tour fleet mix and 
route structure--resulting in a noise baseline of LEQ12 58.1 
decibels (dB). This single number serves as a reference criterion for 
measuring changes to the noise environment based on the cumulative 
impact of operations. It is the average noise level across the entire 
park as if a year's worth of flight allocations in the Dragon and Zuni 
Point corridors took place in twelve hours on a single day. It is not 
intended to represent a value which may be experienced by visitors to 
the park on any particular day.\3\
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    \3\ This LEQ12 value is not an average day noise 
level. To produce a noise level representing an average day at an 
average location in the park, further calculations of the 2012 
LEQ12 58.1 dB value would need to be made and would 
produce an LEQ12 average day noise level of 32.5 dB.
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    A more detailed technical description of the methodology and 
calculations that resulted in the LEQ12 58.1 dB reference 
criterion has been placed in the docket. In order to accurately and 
reliably ensure compliance with the statutory mandate that the 
cumulative impact of operations under this QT incentive not increase 
noise at the park, the same calculation described above will be applied 
to each year's air tour data. The FAA and the NPS will model the annual 
noise from all commercial air tour operations conducted in the Dragon 
and Zuni Point corridors and compare the annual noise with the seasonal 
relief incentive in place with the noise baseline of all commercial air 
tour allocations in these corridors. Noise will be determined to 
increase if the annual modeled LEQ12 noise of commercial air 
tour operations conducted in the Dragon and Zuni Point corridors 
exceeds LEQ12 58.1 dB in the park. If noise in any year 
exceeds the noise baseline, the seasonal relief incentive will be 
modified or discontinued as determined necessary to comply with the 
statutory condition.
    To ensure that this incentive will not diminish the achievement of 
substantial restoration of natural quiet and experience at the park, 
all commercial air tour aircraft including QT must adhere to the 
existing route structure throughout the park, including the Dragon and 
Zuni Point corridors. Substantial restoration of natural quiet in the 
park will continue to be calculated based on the peak day of air tour 
operations using the percent time audible metric. The NPS will continue 
to monitor noise to evaluate substantial restoration of natural quiet.
    This incentive applies only to commercial air tour operators that 
have allocations in the Dragon and Zuni Point corridors; i.e., 
operators must have allocations in these corridors in order to be 
relieved from allocations. It does not apply elsewhere in the Grand 
Canyon Special Flight Rules Area (SFRA). There is an ample unused 
surplus of commercial air tour allocations in the SFRA outside of the 
Dragon and Zuni Point corridors; therefore, operators conducting air 
tours in these other SFRA areas do not need relief from allocations and 
would not be incentivized to convert to QT by a seasonal relief 
incentive.
    Seasonal relief from allocations is intended to provide an 
incentive for operators with non-QT aircraft to convert to QT in 
advance of the statutory requirement for full QT conversion, and to 
maximize use of QT already in the fleet. It rewards those operators who 
have already fully converted to QT by allowing them to take full 
advantage of the incentive. The number of air tours conducted by 
operators using QT can increase beyond the level permitted under the 
existing allocation system as long as the cumulative impact of the 
additional number of quieter aircraft operating in the park does not 
increase noise at the park.
    Seasonal relief from allocations will not automatically increase 
the number of flights. Any increase in air tour flights will depend on 
the demand for air tours, which is influenced by factors such as 
general economic conditions and the amount of tourism. Seasonal relief 
allows air tour operators to save allocations that would have been used 
in the first quarter of the year and to use them during times of year 
when air tour demand is higher. The most immediate effect of the 
incentive is likely to be to provide a cushion of allocations to any 
qualifying operator in the Dragon and Zuni Point corridors that is at 
risk of running out of allocations before the end of the calendar year.
    If the seasonal relief in the Dragon and Zuni Point corridors is a 
successful QT incentive, it is proposed to remain in effect unless it 
violates the statutory condition that the cumulative effect of such 
operations must not increase noise at the Grand Canyon, or diminishes 
the achievement of substantial restoration of natural quiet, in which 
case it will be either modified or discontinued; or until a longer term 
approach for managing air tour noise in the park is in place.
    The FAA and the NPS commit to developing a long term approach for 
managing noise in the park in an expeditious manner. Any long term 
approach will continue to incentivize conversion to QT and will not 
penalize earlier conversion to QT realized through the seasonal relief 
incentive.

IV. Discussion of Comments

    The public comment period was open until December 10, 2014. The FAA 
and the NPS received 147 comments on the November 10, 2014 notice 
describing the proposal to provide seasonal relief from allocations in 
the Dragon and Zuni Point corridors, including 60 comments which were 
posted after the close of the comment period. Commenters included 
individuals identifying themselves as hikers, backpackers, river 
rafters and back-country visitors to the Grand Canyon; groups 
representing those types of park users; environmental and conservation 
organizations (collectively referred to as ``recreational and 
environmental interests''). Joint comments were filed by a helicopter 
trade association and a coalition of Grand Canyon air tour operators 
(collectively referred to as ``air tour interests''). Most of the 
comments expressed appreciation for the unique qualities of the Grand 
Canyon, including natural quiet, and the desire that these qualities be 
protected. The agencies reviewed and considered all comments, and have 
responded below to comments of substance on the QT seasonal relief 
incentive. Comments and responses are organized under subject matter 
headings.

Statutory Basis for Incentives

    Comment: Several commenters representing recreational and 
environmental interests questioned the authority for QT incentives and 
expressed concern about the consistency of this seasonal relief 
incentive with other laws protecting national parks. The air tour 
interests offered their view of Congressional intent and criticized the 
agencies for delay in implementing the legislative directive.
    FAA and NPS Response: This QT incentive is offered pursuant to MAP-
21 and to implement Section 804(c) of NPATMA, as described in this 
notice. MAP-21 and NPATMA include protections to Grand Canyon National 
Park, namely that the cumulative impact of QT operations relieved from 
allocations must not increase noise at the park and that the 
achievement of substantial restoration of natural quiet

[[Page 22609]]

and experience at the park shall not be relieved or diminished. This 
latter provision in NPATMA ensures that this QT incentive is consistent 
with the mandate in the 1987 Overflights Act to achieve substantial 
restoration of natural quiet. Further, the NPS has an affirmative 
responsibility to protect the resources and values of national park 
units, including park soundscapes. To that end, since this measure 
provides incentive for air tour operators and owners to improve their 
fleets commensurate with industry advancements in quiet aircraft 
technology, this incentive holds promise for the continual reduction of 
noise in Grand Canyon National Park. The FAA and the NPS describe the 
history of events that affected the time line of QT incentives in the 
Background section of this notice.

Quiet Technology Incentives

    Comment: Commenters questioned whether the proposed incentive is 
necessary in light of other incentives and the fact that operators are 
already converting to QT. Some commenters representing recreational and 
environmental interests objected to what they view as subsidizing a 
private industry and suggested that operators should pay the cost of 
converting to QT. The air tour interests noted that over $200 million 
has been invested in QT aircraft by the air tour industry.
    FAA and NPS Response: Both NPATMA and MAP-21 contemplate allowing 
increased flights, i.e., relief from allocations or operational caps, 
by QT. This incentive addresses those provisions, i.e., it creates an 
incentive for air tour operators to maximize use of QT aircraft by 
allowing them to fly additional air tours beyond their current 
allocations. Operators are financially responsible for the aircraft 
they use for air tours and have already acquired a significant number 
of QT aircraft at their own cost. MAP-21 requires all commercial air 
tour aircraft operating in Grand Canyon National Park to fully convert 
to QT not later than 2027.
    Comment: Some commenters representing recreational and 
environmental interests suggested the proposal actually gives an 
incentive to retain and operate noisier helicopters. The air tour 
interests commented that operators already need to maximize use of QT 
to recoup costs.
    FAA and NPS Response: Air tour operators that have already 
converted to QT aircraft will have an additional incentive to maximize 
use of those aircraft; other operators will have an incentive to 
convert to QT. Because the cumulative impact of the incentive will be 
evaluated based on the annual commercial air tour operations conducted 
in the Dragon and Zuni Point corridors, the use of QT aircraft at any 
time of the year will contribute to a determination that noise has not 
increased and will increase the potential for the incentive to be 
continued and extended to the fourth quarter in subsequent years.
    Comment: Commenters questioned the basis for classifying aircraft 
as QT and asked who would validate aircraft in an air tour operator's 
fleet as QT.
    FAA and NPS Response: Appendix A to Subpart U of 14 CFR part 93 
contains the procedures for determining the QT designation status for 
each aircraft. Additional guidance can be found in the FAA's Advisory 
Circular 93-2, Noise Levels for Aircraft used for Commercial Operations 
in Grand Canyon National Park Special Flight Rules Area. The FAA is 
responsible for designating aircraft as QT and for determining which 
aircraft comply with that designation.
    Comment: Some commenters suggested that air tour operators should 
be required by regulations to use QT aircraft all of the time or 
convert over a period of time, while others called for a transition as 
soon as possible to QT.
    FAA and NPS Response: MAP-21 requires all commercial air tour 
aircraft operating in the Grand Canyon National Park Special Flight 
Rules Area to fully convert to QT not later than 2027. In the meantime, 
MAP-21 directs the FAA and the NPS to provide QT incentives to 
encourage earlier conversion and use of QT.
    Comment: Some commenters representing recreational and 
environmental interests suggested that flights using ``saved'' 
allocations should use QT. Other commenters suggested that each QT 
flight should use a fraction of an allocation.
    FAA and NPS Response: The agencies structured this incentive to be 
consistent with the NPATMA Sec. 804(c) provision relieving commercial 
air tour operations by QT from operational flight allocations, subject 
to protections with respect to noise and substantial restoration of 
natural quiet in the park, and with the MAP-21 provision that 
references increasing flight allocations consistent with NPATMA Sec. 
804(c). Neither NPATMA nor MAP-21 requires additional conditions to be 
placed on flights using allocations, as suggested by commenters. As a 
practical matter, the FAA expects an air tour operator's fleet to 
include the same proportion of QT for an entire year that it uses in 
the first quarter of the year, which means that QT would be used for 
allocations. Furthermore, the overall air tour activity in the Dragon 
and Zuni Point corridors, whether using QT or non-QT, cannot increase 
noise at the park.
    Comment: Some commenters representing recreational and 
environmental interests advocated a 1-2 year trial period for the 
incentive that expires on date certain. The air tour interests 
suggested that the incentive include the fourth quarter at the outset.
    FAA and NPS Response: The agencies have determined that providing 
this incentive initially in the first quarter of the year is a prudent 
action that gives the FAA and the NPS an opportunity to evaluate the 
noise impact of the incentive, which will depend not only on the first 
quarter QT use but also on the extent to which commercial air tour 
operators continue to use QT in the remainder of the year. The 
incentive may be modified or discontinued as determined necessary to 
comply with the statutory condition at the end of the first year or any 
subsequent year.

Noise Calculation and Impact

    Comment: Some commenters were uncertain as to what the 
LEQ12 58.1 dB metric represents and asked how the baseline 
was developed.
    FAA and NPS Response: The LEQ12 58.1 decibels (dB) 
reference criterion is a basis for judging changes to the noise 
environment, and is not intended to represent a value which may be 
experienced by visitors to the park on any particular day. Additional 
information has been provided in this final notice, and a more detailed 
technical description of the LEQ12 58.1 dB reference 
criterion, including how it was calculated, has been placed in the 
docket.
    Comment: Some commenters representing recreational and 
environmental interests disagreed with using a cumulative metric or 
annual average and said that noise increases should be measured based 
on peak day or each and every day. Commenters also suggested that 
supplemental noise metrics be considered.
    FAA and NPS Response: The statutory language ``cumulative impact of 
such flights'' calls for a metric that calculates noise cumulatively 
over a period of time. LEQ12 is one of several metrics that 
is used to evaluate air tour noise in Grand Canyon and other national 
parks and was selected by technical experts in the FAA and the NPS as 
the most appropriate to use to determine cumulative impact. A daily 
noise calculation is not appropriate for this purpose. Substantial 
restoration of natural quiet, another required criterion,

[[Page 22610]]

will continue to be calculated based on the peak day of air tour 
operations using the percent time audible metric.
    Comment: One commenter suggested that the annual evaluation of the 
incentive's impact should reflect conversion to any QT aircraft that 
produces more noise than an aircraft in the baseline.
    FAA and NPS Response: The annual evaluation will calculate the 
noise of all QT and all non-QT aircraft and will account for any 
additional noise, whether from a noisier aircraft or from more aircraft 
operations.
    Comment: Commenters questioned the baseline against which the 
cumulative impact of QT operations will be compared (i.e., the annual 
noise of commercial air tour allocations in the Dragon and Zuni Point 
corridors as flown with the 2012 commercial air tour fleet mix and 
route structure). Commenters representing recreational and 
environmental interests suggested there should be an improvement in the 
noise level over the status quo measured by actual operations rather 
than allocations. The air tour interests questioned use of a 2012 fleet 
mix rather than a fleet mix representative of either the year 2000 or 
2005 and suggested that the comparison should be to sound levels that 
would have been present if all aircraft were non-QT. The air tour 
interests also suggested that the baseline should be substantial 
restoration of natural quiet.
    FAA and NPS Response: Both NPATMA and MAP-21 include the QT 
limiting provision: ``. . . provided that the cumulative impact of such 
operations does not increase noise . . .'' at the park. Neither statute 
provides for further reductions in noise with respect to QT incentives. 
The prohibition on increasing noise is not defined or elaborated on in 
either statute. The FAA and the NPS considered various possible 
baselines and determined that the baseline should reflect the amount of 
noise that can be generated by the number of commercial air tour 
operations that are permitted under the current allocation system. If 
noise exceeds a level that is currently permitted under the allocation 
system, the agencies will consider it to be an increase in noise. The 
alternative selection of a noise baseline using the actual level of air 
tour operations in 2012, as recreational and environmental interests 
suggested, would constitute a reduction from what is currently allowed 
since the actual 2012 level of air tour operations was lower than what 
is authorized. It would not be a QT incentive to set a baseline that is 
lower than what air tour operators would be allowed to do under the 
current allocation system. In addition, the agencies chose 2012 as the 
year to model baseline noise. MAP-21 provided renewed direction for QT 
incentives in July 2012 and directed the agencies to provide such 
incentives not later than 60 days after the date of enactment of MAP-
21. While the agencies could not meet the 60-day time frame, it was 
clear that the Congress gave meaning to 2012 with respect to QT 
incentives. An additional consideration by the agencies was the 
availability and currency of air tour fleet and operational data in 
2012, as opposed to looking back to previous years. The alternative of 
selecting either the year 2000 or 2005, as the air tour interests 
suggested, was considered by the agencies, but was not adopted because 
of concerns about re-creating earlier data for modeling input to obtain 
a noise baseline and whether the selection of a past year would 
adequately ensure no increase in noise and no diminishment of the 
achievement of substantial restoration of natural quiet. This latter 
consideration was involved in deciding not to model the noise baseline 
with an all non-QT fleet, which would not reflect the noise environment 
in the Dragon and Zuni Point corridors in 2012. The agencies are also 
cognizant that an incentive must be based on a stable baseline that can 
be relied on by air tour operators as they make QT conversion 
decisions; therefore, the 2012 noise baseline will continue to be used 
for this seasonal relief incentive in future years. With respect to 
using a baseline of substantial restoration of natural quiet, this is a 
separate applicable standard in NPATMA; not a substitute for the no 
cumulative noise increase requirement. Both requirements must be met. 
To ensure that this incentive will not diminish the achievement of 
substantial restoration of natural quiet by exposing new areas of the 
park to air tour noise, all commercial air tour aircraft, including QT, 
must adhere to the existing route structure in the park.
    Comment: The air tour interests suggested that any noise increase 
should be substantial or perceptible in order to justify discontinuing 
the incentive. Commenters representing recreational and environmental 
interests called for transparency and accountability, continued 
modeling and/or monitoring to ensure noise does not increase, and 
suggested that noise data should be made public.
    FAA and NPS Response: The FAA and the NPS are responsible and 
accountable for ensuring that this QT incentive does not increase noise 
at the park or diminish the achievement of substantial restoration of 
natural quiet. The LEQ12 58.1 dB baseline is a fixed 
baseline against which noise increases will be judged. Noise above the 
baseline level will be considered to be an increase, regardless of 
whether it is considered to be either ``substantial'' or 
``perceptible''. The agencies will monitor the air tour operators' use 
of QT for air tours as required to be reported in the operators' 
quarterly reports submitted to the FAA, and will annually model noise 
as described in this notice. Annual noise results will be publicly 
available. In addition, the NPS will use periodic on site monitoring 
consistent with industry standards. The NPS routinely uses monitoring 
to supplement modeling results. Monitoring data would enable the NPS to 
check the number of flights flown on each route segment, providing 
cross-validation for the numbers reported by air tour operators. 
Monitoring data also would provide the single event level (SEL) and 
maximum sound level (Lmax) for each flight, enabling the NPS to confirm 
the benefits of QT aircraft.
    Comment: Some commenters noted that ambient noise levels at the 
Grand Canyon are very low and even QT aircraft can be heard. Commenters 
representing recreational and environmental interests expressed concern 
that overall noise will increase even if QT operations result in a 
reduction in noise per flight and that park visitors will be in worse 
position if the result is more constant noise from more frequent 
flights.
    FAA and NPS Response: The overall noise cannot increase under the 
statutory mandate that provides for the QT incentive to be allowed 
subject to the cumulative impact not increasing noise at the park. The 
LEQ12 metric used to evaluate cumulative impact takes into 
account aircraft noise levels, the number of aircraft operations, and 
the duration of noise. In addition, the incentive cannot, by statute, 
diminish the achievement of substantial restoration of natural quiet at 
the park.
    Comment: Commenters representing recreational and environmental 
interests expressed concern that noise would increase in backcountry or 
elsewhere in the Grand Canyon; that noise would increase in off-season 
when backpacking and hiking is most comfortable and visitors enjoy a 
respite from noise; or that the incentive would result in increased 
flights of loud aircraft in summer.
    FAA and NPS Response: There are statutory protections to preclude 
an overall, i.e., cumulative, increase in noise and to prevent 
diminishing the achievement of substantial restoration of

[[Page 22611]]

natural quiet, as described in this notice and in the response to the 
previous comment. QT aircraft must adhere to the current route 
structure defined for air tour operations; no new areas of the Grand 
Canyon will be opened to air tours under this incentive. The agencies 
do not anticipate a significant increase in the number of air tours 
operated in the winter months when tour demand is low. The incentive 
should increase the proportion of QT aircraft used for air tours in the 
Dragon and Zuni Point corridors and decrease the number of louder non-
QT aircraft. Air tour operators that convert or have converted to QT 
for the seasonal relief are anticipated to continue to operate those 
quieter fleets during the summer season. Seasonal relief allows air 
tour operators to save allocations that would have been used in the 
first quarter of the year and to use them during times of year when air 
tour demand is higher; therefore, there may be increases in the number 
of air tour flights at other times of year above the number that has 
been allowed under the allocation system. If an increase in the number 
of flights rises to the level that results in a cumulative increase in 
noise, the seasonal relief incentive will be modified to reduce noise 
or will be discontinued.
    Comment: Commenters suggest agencies mandate one ``quiet day'' per 
month.
    FAA and NPS Response: This suggestion would presumably involve a 
prohibition on air tours for one day each month, which is outside the 
scope of approved measures currently in place at the park and is not a 
QT incentive.
    Comment: One commenter called for assurance that incentives will 
not degrade substantial restoration of natural quiet.
    FAA and NPS Response: The agencies will ensure that this incentive 
does not diminish substantial restoration of natural quiet as required 
by NPATMA.

Impact on air tour operations

    Comment: Commenters representing recreational and environmental 
interests suggest this is an attempt to increase number of operations 
by labeling them as quieter. The air tour interests express concern 
that operators who have already converted to QT may not see a permanent 
increase in their allocations. Commenters representing recreational and 
environmental interests noted that they expected to see flights shift 
from peak to off-peak as part of a QT incentive. One commenter 
expressed the view that the seasonal relief incentive will result in 
vigorous marketing of air tours in January through March.
    FAA and NPS Response: Currently, air tour operators can use 
allocations at any time throughout the year based on the demand for air 
tours and individual business decisions. This incentive does not change 
that situation. The demand for air tours is expected to remain highest 
in the peak season.
    Comment: Commenters representing recreational and environmental 
interests advocated a cap on operations.
    FAA and NPS Response: Rather than imposing a numerical cap, the 
statutory noise conditions effectively provide a limit.
    Comment: Commenters asserted that more frequent flights will 
produce more air emissions.
    FAA and NPS Response: FAA and NPS air quality specialists do not 
expect air tours to significantly affect air quality in national parks.

V. Implementation Steps

    The FAA and the NPS will use the quarterly reports that are 
currently required to be submitted by the operators to determine the 
number of QT flights flown during the first quarter that will not count 
against their annual allocations. The FAA will implement the incentive 
by amending the operations specifications of commercial air tour 
operators holding allocations in the Dragon and Zuni Point corridors to 
allow them to conduct air tours with QT aircraft without using an 
allocation for such tours in the specified seasonal time periods. The 
FAA and the NPS will cooperatively ensure that the statutory conditions 
protecting the park are met.

VI. Environmental Considerations

    This action involving the FAA's amendment of operations 
specifications is categorically excluded from more detailed 
environmental review because it would not have a significant effect on 
the environment. The FAA and the NPS have designed this incentive to 
ensure compliance with the statutory conditions that the cumulative 
impact of QT operating without allocations does not increase noise and 
that the incentive does not diminish the statutory mandate to achieve 
the substantial restoration of natural quiet at the park.

    Issued in Hawthorne, CA, on March 19, 2015.
Glen A. Martin,
Regional Administrator, Western-Pacific Region, Federal Aviation 
Administration.
    Issued in Lakewood, CO, on March 23, 2015.
Sue E. Masica,
Regional Director, Intermountain Region, National Park Service.
[FR Doc. 2015-09380 Filed 4-21-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                    22606                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices

                                                    ‘‘prior notice to persons determined to                   Dated: April 15, 2015.                              I. Authority
                                                    be subject to the Order who might have                  Marlon Henry,
                                                    a constitutional presence in the United                 Management and Program Analyst, A/EX/                   Authority: Moving Ahead for Progress in
                                                    States would render ineffectual the                     CSM., Department of State.                            the 21st Century Act, Sec. 35001, Pub. L.
                                                                                                                                                                  112–141, 126 Stat. 843; National Parks Air
                                                    blocking and other measures authorized                  [FR Doc. 2015–09374 Filed 4–21–15; 8:45 am]           Tour Management Act, Sec. 804, Pub. L. 106–
                                                    in the Order because of the ability to                  BILLING CODE 4710–24–P                                181, 114 Stat. 192.
                                                    transfer funds instantaneously,’’ I
                                                    determine that no prior notice needs to                                                                          1. The National Park Overflights Act
                                                    be provided to any person subject to this                                                                     of 1987, Pub. L. 100–91, directed the
                                                    determination who might have a                                                                                Secretary of the Interior and the
                                                                                                            DEPARTMENT OF TRANSPORTATION
                                                    constitutional presence in the United                                                                         Administrator of the FAA to take
                                                    States, because to do so would render                   Federal Aviation Administration                       actions to provide for the substantial
                                                    ineffectual the measures authorized in                                                                        restoration of the natural quiet and
                                                    the Order.                                              DEPARTMENT OF THE INTERIOR                            experience of Grand Canyon National
                                                                                                                                                                  Park and the protection of public health
                                                      This notice shall be published in the                                                                       and safety from adverse effects
                                                    Federal Register.                                       National Park Service
                                                                                                                                                                  associated with aircraft overflight. As
                                                      Dated: April 10, 2015.                                                                                      part of these actions, operational limits
                                                    John F. Kerry,                                          [Docket No. FAA–2014–0782]                            for commercial air tour operations at
                                                    Secretary of State.
                                                                                                            Grand Canyon National Park Quiet                      Grand Canyon National Park (the park)
                                                    [FR Doc. 2015–09379 Filed 4–21–15; 8:45 am]             Aircraft Technology Incentive:                        were imposed by FAA regulations at 14
                                                    BILLING CODE 4710–05–P                                  Seasonal Relief From Allocations in                   CFR part 93 issued on April 4, 2000.
                                                                                                                                                                  With some exceptions not relevant to
                                                                                                            the Dragon and Zuni Point Corridors
                                                                                                                                                                  this notice, these regulations establish
                                                    DEPARTMENT OF STATE                                     AGENCY: Federal Aviation                              an allocation scheme for the park,
                                                                                                            Administration, Transportation;                       require commercial air tour operators to
                                                    [Public Notice 9105]                                    National Park Service, Interior.                      use one allocation for each flight that is
                                                                                                                                                                  a commercial air tour, and prohibit
                                                                                                            ACTION: Final notice to announce                      operators from conducting more
                                                    Department of State FY 2014 Service
                                                                                                            implementation and disposition of                     commercial air tours in any calendar
                                                    Contract Inventory
                                                                                                            public comments.                                      year than the number of allocations
                                                    AGENCY:    Department of State.                                                                               specified on the certificate holder’s
                                                                                                            SUMMARY:    On November 10, 2014, the                 operations specifications issued by the
                                                    ACTION:Notice of Release of the                         Federal Aviation Administration (FAA)
                                                    Department of State’s FY 2014 Service                                                                         FAA. 14 CFR 93.319.
                                                                                                            and the National Park Service (NPS)                      2. The National Parks Air Tour
                                                    Contract Inventory.                                     published in the Federal Register [79                 Management Act (NPATMA), Pub. L.
                                                                                                            FR 66763–66765] a notice of the                       106–181, was signed into law on April
                                                    SUMMARY:    Acting in compliance with                   agencies’ proposal to provide a quiet                 5, 2000. Section 804(a) required the
                                                    Section 743 of Division C of the                        aircraft technology incentive for                     FAA to designate reasonably achievable
                                                    Consolidated Appropriations Act of                      commercial air tour operators at Grand                requirements for fixed-wing and
                                                    2010 (Pub. L. 111–117), the Department                  Canyon National Park and a request for                helicopter aircraft to be considered quiet
                                                    of State is publishing this notice to                   public comments. Specifically, the                    aircraft technology (QT) for purposes of
                                                    advise the public of the availability of                agencies proposed to provide seasonal                 the statute’s provisions. In 2005, the
                                                    the FY 2014 Service Contract Inventory.                 relief from allocations in the Dragon and             FAA issued a final rule classifying
                                                    The FY 2014 Service Contract Inventory                  Zuni Point corridors for commercial air               aircraft operating in Grand Canyon
                                                    includes the Summary Report, Detailed                   tour operators that convert or have                   National Park and designating aircraft
                                                    Report, Supplement Report, and                          converted to quiet aircraft technology.               that meet the noise criteria as QT. 70 FR
                                                    Planned Analysis. Additionally, the FY                  The FAA and the NPS have reviewed                     16084–16093. These regulations were
                                                    2013 Meaningful Analysis is available.                  and considered all comments, and have                 codified at 14 CFR 93.303 and
                                                      The inventory was developed in                        decided to proceed with                               Appendix A to Subpart U of Part 93.
                                                    accordance with guidance issued on                      implementation of the incentive as                    Under NPATMA section 804(c),
                                                    November 5, 2010, December 19, 2011,                    proposed. This notice describes that                  commercial air tour operations by fixed-
                                                    and November 25, 2014 by the Office of                  decision and responds to the                          wing or helicopter aircraft that employ
                                                    Management and Budget (OMB), Office                     substantive comments received.                        QT and that replace existing aircraft are
                                                    of Federal Procurement Policy (OFPP).                   DATES: This incentive is effective as of              not subject to the operational flight
                                                    The Department of State has posted its                  January 1, 2015.                                      allocations that apply to other
                                                    FY 2014 Service Contract Inventory and                                                                        commercial air tour operations at the
                                                    FY 2013 Meaningful Analysis at the                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  park, provided that the cumulative
                                                    following link: http://csm.state.gov/                   Keith Lusk, Program Manager, Federal                  impact of such operations does not
                                                    content.asp?content_id=135&menu_                        Aviation Administration, P.O. Box                     increase noise at the Grand Canyon.
                                                    id=71.                                                  92007, Los Angeles, California 90009–                 Section 804(d) provides that a
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                                                                                                            2007; telephone (310) 725–3808; email                 commercial air tour operation by an
                                                    DATES:The inventory is available on the                 keith.lusk@faa.gov Robin Martin, Chief,
                                                    Department’s Web site as of April 9,                                                                          aircraft in a commercial air tour
                                                                                                            Office of Planning and Compliance,                    operator’s fleet on the date of enactment
                                                    2015.                                                   Grand Canyon National Park, P.O. Box                  of NPATMA that meets QT
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            129, Grand Canyon, Arizona 86023–                     requirements or is subsequently
                                                    Marlon Henry, Management and                            0129; telephone (928) 638–7684; email                 modified to meet QT requirements may
                                                    Program Analyst, A/EX/CSM, 202–485–                     Robin_Martin@nps.gov.                                 be used for commercial air tour
                                                    7210, HenryMD@state.gov.                                SUPPLEMENTARY INFORMATION:                            operations under the same terms and


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                                                                                 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices                                                   22607

                                                    conditions as section 804(c) without                    operations at the Grand Canyon by 20                  extended to part or all of the fourth
                                                    regard to whether it replaces an existing               percent (from $25 to $20 per flight) for              quarter (October 1–December 31) in
                                                    aircraft. In addition, NPATMA expressly                 an air tour using QT effective January 1,             2016 and following years, in addition to
                                                    states that it does not relieve or                      2014. On February 3, 2014, the FAA, in                the first quarter, based on an evaluation
                                                    diminish the statutory mandate to                       consultation with the NPS, announced                  of the preceding year. In 2015, the more
                                                    achieve substantial restoration of                      its intention to distribute FAA-held                  that increased QT use reduces the noise
                                                    natural quiet and experience at the park.               allocations to commercial tour operators              level below the noise baseline described
                                                      3. Section 35001 of the Moving Ahead                  in proportion to the number of QT                     in the following paragraph, the greater
                                                    for Progress in the 21st Century Act                    operations flown in the first six months              the prospect for operators to have
                                                    (MAP–21), Pub. L. 112–141, July 6,                      of 2014. 79 FR 6267–6268. These                       additional seasonal relief from
                                                    2012, directs the Secretary of the                      allocations were subsequently                         allocations in 2016.
                                                    Interior and the Administrator of the                   distributed for use for QT flights during                To meet the statutory conditions in
                                                    Federal Aviation Administration to                      the 2014 air tour season and beyond.                  NPATMA and MAP–21, the FAA and
                                                    provide incentives for commercial air                                                                         the NPS must ensure that the
                                                    tour operators that convert to QT,                      III. Seasonal Relief From Allocations                 cumulative impact of QT operations
                                                    determined in accordance with the                       for QT in the Dragon and Zuni Point                   relieved from allocations does not
                                                    regulations then in effect. MAP–21 gives                Corridors                                             increase noise at the park. Neither
                                                    as an example of an incentive increasing                   Following notice and public                        NPATMA nor MAP–21 specifies a
                                                    the flight allocations for operators of QT              comment, the FAA and the NPS have                     methodology for calculating whether the
                                                    on a net basis consistent with section                  decided to provide an additional QT                   cumulative impact of relieving QT
                                                    804(c) of NPATMA, provided that the                     incentive in the Dragon and Zuni Point                operations from allocations would
                                                    cumulative impact of such operations                    corridors where QT can have the                       increase noise. After extensive
                                                    does not increase noise at the Grand                    greatest positive effect on park resources            consideration of the statutory language
                                                    Canyon. MAP–21 also provides that all                   and where the need for relief from                    and the associated technical issues, the
                                                    commercial air tour operators must                      allocations has been demonstrated.                    FAA and the NPS have determined that,
                                                    convert to QT by 2027.                                  Under this incentive, commercial air                  for this seasonal relief incentive, the
                                                                                                            tour operators flying QT aircraft in the              annual noise from both QT and non-QT
                                                    II. Background                                          Dragon and Zuni Point corridors                       commercial air tour flights conducted in
                                                       Congress has encouraged the use of                   initially will be relieved from having                the Dragon and Zuni Point corridors
                                                    quiet aircraft technology (QT) as one                   such operations count against their                   must not exceed the annual noise level
                                                    means of addressing noise from                          annual allocations in the first quarter               of commercial air tour flights under the
                                                    commercial air tours at Grand Canyon                    (January 1–March 31) of 2015. The FAA                 current Dragon and Zuni Point corridors
                                                    National Park. The FAA was required by                  and the NPS will use the quarterly                    allocation system.
                                                    NPATMA to designate reasonably                          reports that are currently required to be                The agencies have agreed that the
                                                    achievable requirements for fixed-wing                  submitted by the operators to determine               cumulative noise impact 1 will be
                                                    and helicopter aircraft to be considered                the number of QT flights flown during                 evaluated in terms of the total amount
                                                    QT, and issued a final rule to                          the first quarter that will not count                 of commercial air tour noise energy
                                                    accomplish this in 2005. This rule did                  against their annual allocations. During              occurring inside park boundaries
                                                    not include QT incentives and did not                   this first quarter, QT flights will not use           averaged over an entire year. The
                                                    relieve commercial air tour operators of                an allocation, while non-QT flights must              agencies further agreed that the most
                                                    their operational limitations.                          still use an allocation. All commercial               suitable way to ensure that the seasonal
                                                    NPATMA’s provision that allocations                     air tour flights, QT and non-QT, must                 relief from allocations incentive for QT
                                                    do not apply to QT operations only                      use an allocation for the remainder of                operations in the Dragon and Zuni Point
                                                    takes effect if the cumulative impact of                the year (April 1–December 31).                       corridors does not increase noise in the
                                                    such operations does not increase noise                 However, operators will continue to                   park is to compute noise at a large
                                                    at the Grand Canyon. Although the FAA                   benefit from the seasonal relief                      number of grid points throughout the
                                                    concluded that aircraft that meet the QT                throughout the remainder of the year                  park, instead of only using grid points
                                                    designation are consistently quieter than               since they may use allocations in April               in the Dragon and Zuni Point corridors.
                                                    aircraft that do not, 70 FR 16088, neither              through December that they would                      Accordingly, the NPS and the FAA used
                                                    the FAA nor the NPS had sufficient data                 otherwise have used for QT flights                    a grid of 1224 points with 2 km spacing
                                                    at that time to determine whether noise                 conducted in January through March.                   across the park. Technical experts from
                                                    would increase if limits on the number                     The first quarter of the calendar year,            both agencies also determined that a
                                                    of QT operations were removed. In                       when park visitation and demand for air               single number provides the most
                                                    addition, NPATMA expressly states that                  tours are seasonally low, has historically            straightforward means of determining
                                                    it does not relieve or diminish the                     had the lowest level of commercial air                whether there is an increase in noise.
                                                    statutory mandate to achieve substantial                tour operations. Providing this incentive             This number is calculated by taking the
                                                    restoration of natural quiet and                        initially in the first quarter of 2015 is a           total noise energy calculated for a year’s
                                                    experience at the park. Substantial                     prudent action that gives the FAA and                 air tour data at each of the individual
                                                    restoration of natural quiet had not been               the NPS an opportunity to evaluate the                grid points and averaging it over the
                                                    determined to be achieved at that time.                 impact of the incentive, including the                entire park—resulting in a single LEQ12
                                                    Various QT incentives were considered                   extent to which commercial air tour
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                                                                                                                                                                  value.2
                                                    by the agencies following the 2005 final                operators continue to use QT in the
                                                    rule, but were not finalized.                           remainder of the year which will                        1 Cumulative noise impact is not the same
                                                       MAP–21, enacted in July 2012,                        produce additional noise benefits for the             criterion as the substantial restoration of natural
                                                    provided additional direction to the                    park. The FAA and the NPS want to                     quiet (SRNQ). SRNQ is calculated and determined
                                                    FAA and the NPS on QT incentives. In                    incentivize commercial air tour                       on the peak day of air tour operations using the
                                                                                                                                                                  percent time audible metric.
                                                    response to MAP–21, the NPS, in                         operators to maximize the use of QT                     2 LEQ
                                                                                                                                                                          12 stands for Equivalent Sound Level for 12
                                                    consultation with the FAA, reduced the                  throughout the year. To that end, the                 hours, which is a cumulative measure of the noise
                                                    fees applicable to commercial air tour                  seasonal relief from allocations may be                                                          Continued




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                                                    22608                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices

                                                       Using this methodology, the FAA and                  in the park will continue to be                       a longer term approach for managing air
                                                    the NPS have modeled the annual noise                   calculated based on the peak day of air               tour noise in the park is in place.
                                                    of commercial air tour allocations in the               tour operations using the percent time                   The FAA and the NPS commit to
                                                    Dragon and Zuni Point corridors as                      audible metric. The NPS will continue                 developing a long term approach for
                                                    flown with the 2012 commercial air tour                 to monitor noise to evaluate substantial              managing noise in the park in an
                                                    fleet mix and route structure—resulting                 restoration of natural quiet.                         expeditious manner. Any long term
                                                    in a noise baseline of LEQ12 58.1                          This incentive applies only to                     approach will continue to incentivize
                                                    decibels (dB). This single number serves                commercial air tour operators that have               conversion to QT and will not penalize
                                                    as a reference criterion for measuring                  allocations in the Dragon and Zuni                    earlier conversion to QT realized
                                                    changes to the noise environment based                  Point corridors; i.e., operators must have            through the seasonal relief incentive.
                                                    on the cumulative impact of operations.                 allocations in these corridors in order to
                                                                                                                                                                  IV. Discussion of Comments
                                                    It is the average noise level across the                be relieved from allocations. It does not
                                                    entire park as if a year’s worth of flight              apply elsewhere in the Grand Canyon                      The public comment period was open
                                                    allocations in the Dragon and Zuni                      Special Flight Rules Area (SFRA). There               until December 10, 2014. The FAA and
                                                    Point corridors took place in twelve                    is an ample unused surplus of                         the NPS received 147 comments on the
                                                    hours on a single day. It is not intended               commercial air tour allocations in the                November 10, 2014 notice describing
                                                    to represent a value which may be                       SFRA outside of the Dragon and Zuni                   the proposal to provide seasonal relief
                                                    experienced by visitors to the park on                  Point corridors; therefore, operators                 from allocations in the Dragon and Zuni
                                                    any particular day.3                                    conducting air tours in these other                   Point corridors, including 60 comments
                                                       A more detailed technical description                SFRA areas do not need relief from                    which were posted after the close of the
                                                    of the methodology and calculations                     allocations and would not be                          comment period. Commenters included
                                                    that resulted in the LEQ12 58.1 dB                      incentivized to convert to QT by a                    individuals identifying themselves as
                                                    reference criterion has been placed in                  seasonal relief incentive.                            hikers, backpackers, river rafters and
                                                    the docket. In order to accurately and                     Seasonal relief from allocations is                back-country visitors to the Grand
                                                    reliably ensure compliance with the                     intended to provide an incentive for                  Canyon; groups representing those types
                                                    statutory mandate that the cumulative                   operators with non-QT aircraft to                     of park users; environmental and
                                                    impact of operations under this QT                      convert to QT in advance of the                       conservation organizations (collectively
                                                    incentive not increase noise at the park,               statutory requirement for full QT                     referred to as ‘‘recreational and
                                                    the same calculation described above                    conversion, and to maximize use of QT                 environmental interests’’). Joint
                                                    will be applied to each year’s air tour                 already in the fleet. It rewards those                comments were filed by a helicopter
                                                    data. The FAA and the NPS will model                    operators who have already fully                      trade association and a coalition of
                                                    the annual noise from all commercial air                converted to QT by allowing them to                   Grand Canyon air tour operators
                                                    tour operations conducted in the Dragon                 take full advantage of the incentive. The             (collectively referred to as ‘‘air tour
                                                    and Zuni Point corridors and compare                    number of air tours conducted by                      interests’’). Most of the comments
                                                    the annual noise with the seasonal relief               operators using QT can increase beyond                expressed appreciation for the unique
                                                    incentive in place with the noise                       the level permitted under the existing                qualities of the Grand Canyon,
                                                    baseline of all commercial air tour                     allocation system as long as the                      including natural quiet, and the desire
                                                    allocations in these corridors. Noise will              cumulative impact of the additional                   that these qualities be protected. The
                                                    be determined to increase if the annual                 number of quieter aircraft operating in               agencies reviewed and considered all
                                                    modeled LEQ12 noise of commercial air                   the park does not increase noise at the               comments, and have responded below
                                                    tour operations conducted in the Dragon                 park.                                                 to comments of substance on the QT
                                                                                                               Seasonal relief from allocations will              seasonal relief incentive. Comments and
                                                    and Zuni Point corridors exceeds LEQ12
                                                                                                            not automatically increase the number                 responses are organized under subject
                                                    58.1 dB in the park. If noise in any year
                                                                                                            of flights. Any increase in air tour flights          matter headings.
                                                    exceeds the noise baseline, the seasonal
                                                                                                            will depend on the demand for air tours,
                                                    relief incentive will be modified or                                                                          Statutory Basis for Incentives
                                                                                                            which is influenced by factors such as
                                                    discontinued as determined necessary                                                                             Comment: Several commenters
                                                                                                            general economic conditions and the
                                                    to comply with the statutory condition.                                                                       representing recreational and
                                                       To ensure that this incentive will not               amount of tourism. Seasonal relief
                                                                                                            allows air tour operators to save                     environmental interests questioned the
                                                    diminish the achievement of substantial
                                                                                                            allocations that would have been used                 authority for QT incentives and
                                                    restoration of natural quiet and
                                                                                                            in the first quarter of the year and to use           expressed concern about the
                                                    experience at the park, all commercial
                                                                                                            them during times of year when air tour               consistency of this seasonal relief
                                                    air tour aircraft including QT must
                                                                                                            demand is higher. The most immediate                  incentive with other laws protecting
                                                    adhere to the existing route structure
                                                                                                            effect of the incentive is likely to be to            national parks. The air tour interests
                                                    throughout the park, including the
                                                                                                            provide a cushion of allocations to any               offered their view of Congressional
                                                    Dragon and Zuni Point corridors.
                                                                                                            qualifying operator in the Dragon and                 intent and criticized the agencies for
                                                    Substantial restoration of natural quiet
                                                                                                            Zuni Point corridors that is at risk of               delay in implementing the legislative
                                                    exposure of A-weighted sound levels over a 12-hour
                                                                                                            running out of allocations before the                 directive.
                                                    period. LEQ12 is one of several metrics used to         end of the calendar year.                                FAA and NPS Response: This QT
                                                    evaluate air tour noise in Grand Canyon and other          If the seasonal relief in the Dragon               incentive is offered pursuant to MAP–21
                                                    national parks. The metric takes into account           and Zuni Point corridors is a successful              and to implement Section 804(c) of
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                                                    aircraft noise levels, the number of aircraft           QT incentive, it is proposed to remain                NPATMA, as described in this notice.
                                                    operations, and the duration of noise. A 12-hour
                                                    LEQ is used since air tour operations occur during      in effect unless it violates the statutory            MAP–21 and NPATMA include
                                                    the day, rather than over a 24-hour period.             condition that the cumulative effect of               protections to Grand Canyon National
                                                      3 This LEQ
                                                                  12 value is not an average day noise      such operations must not increase noise               Park, namely that the cumulative impact
                                                    level. To produce a noise level representing an         at the Grand Canyon, or diminishes the                of QT operations relieved from
                                                    average day at an average location in the park,
                                                    further calculations of the 2012 LEQ12 58.1 dB value
                                                                                                            achievement of substantial restoration of             allocations must not increase noise at
                                                    would need to be made and would produce an              natural quiet, in which case it will be               the park and that the achievement of
                                                    LEQ12 average day noise level of 32.5 dB.               either modified or discontinued; or until             substantial restoration of natural quiet


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                                                                                 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices                                            22609

                                                    and experience at the park shall not be                 be evaluated based on the annual                      QT would be used for allocations.
                                                    relieved or diminished. This latter                     commercial air tour operations                        Furthermore, the overall air tour activity
                                                    provision in NPATMA ensures that this                   conducted in the Dragon and Zuni Point                in the Dragon and Zuni Point corridors,
                                                    QT incentive is consistent with the                     corridors, the use of QT aircraft at any              whether using QT or non-QT, cannot
                                                    mandate in the 1987 Overflights Act to                  time of the year will contribute to a                 increase noise at the park.
                                                    achieve substantial restoration of                      determination that noise has not                         Comment: Some commenters
                                                    natural quiet. Further, the NPS has an                  increased and will increase the potential             representing recreational and
                                                    affirmative responsibility to protect the               for the incentive to be continued and                 environmental interests advocated a 1–
                                                    resources and values of national park                   extended to the fourth quarter in                     2 year trial period for the incentive that
                                                    units, including park soundscapes. To                   subsequent years.                                     expires on date certain. The air tour
                                                    that end, since this measure provides                      Comment: Commenters questioned                     interests suggested that the incentive
                                                    incentive for air tour operators and                    the basis for classifying aircraft as QT              include the fourth quarter at the outset.
                                                    owners to improve their fleets                          and asked who would validate aircraft                    FAA and NPS Response: The agencies
                                                    commensurate with industry                              in an air tour operator’s fleet as QT.                have determined that providing this
                                                    advancements in quiet aircraft                             FAA and NPS Response: Appendix A                   incentive initially in the first quarter of
                                                    technology, this incentive holds                        to Subpart U of 14 CFR part 93 contains               the year is a prudent action that gives
                                                    promise for the continual reduction of                  the procedures for determining the QT                 the FAA and the NPS an opportunity to
                                                    noise in Grand Canyon National Park.                    designation status for each aircraft.                 evaluate the noise impact of the
                                                    The FAA and the NPS describe the                        Additional guidance can be found in the               incentive, which will depend not only
                                                    history of events that affected the time                FAA’s Advisory Circular 93–2, Noise                   on the first quarter QT use but also on
                                                    line of QT incentives in the Background                 Levels for Aircraft used for Commercial               the extent to which commercial air tour
                                                    section of this notice.                                 Operations in Grand Canyon National                   operators continue to use QT in the
                                                                                                            Park Special Flight Rules Area. The                   remainder of the year. The incentive
                                                    Quiet Technology Incentives                             FAA is responsible for designating                    may be modified or discontinued as
                                                       Comment: Commenters questioned                       aircraft as QT and for determining                    determined necessary to comply with
                                                    whether the proposed incentive is                       which aircraft comply with that                       the statutory condition at the end of the
                                                    necessary in light of other incentives                  designation.                                          first year or any subsequent year.
                                                    and the fact that operators are already                    Comment: Some commenters
                                                    converting to QT. Some commenters                       suggested that air tour operators should              Noise Calculation and Impact
                                                    representing recreational and                           be required by regulations to use QT                     Comment: Some commenters were
                                                    environmental interests objected to                     aircraft all of the time or convert over              uncertain as to what the LEQ12 58.1 dB
                                                    what they view as subsidizing a private                 a period of time, while others called for             metric represents and asked how the
                                                    industry and suggested that operators                   a transition as soon as possible to QT.               baseline was developed.
                                                    should pay the cost of converting to QT.                   FAA and NPS Response: MAP–21                          FAA and NPS Response: The LEQ12
                                                    The air tour interests noted that over                  requires all commercial air tour aircraft             58.1 decibels (dB) reference criterion is
                                                    $200 million has been invested in QT                    operating in the Grand Canyon National                a basis for judging changes to the noise
                                                    aircraft by the air tour industry.                      Park Special Flight Rules Area to fully               environment, and is not intended to
                                                       FAA and NPS Response: Both                           convert to QT not later than 2027. In the             represent a value which may be
                                                    NPATMA and MAP–21 contemplate                           meantime, MAP–21 directs the FAA and                  experienced by visitors to the park on
                                                    allowing increased flights, i.e., relief                the NPS to provide QT incentives to                   any particular day. Additional
                                                    from allocations or operational caps, by                encourage earlier conversion and use of               information has been provided in this
                                                    QT. This incentive addresses those                      QT.                                                   final notice, and a more detailed
                                                    provisions, i.e., it creates an incentive                  Comment: Some commenters                           technical description of the LEQ12 58.1
                                                    for air tour operators to maximize use of               representing recreational and                         dB reference criterion, including how it
                                                    QT aircraft by allowing them to fly                     environmental interests suggested that                was calculated, has been placed in the
                                                    additional air tours beyond their current               flights using ‘‘saved’’ allocations should            docket.
                                                    allocations. Operators are financially                  use QT. Other commenters suggested                       Comment: Some commenters
                                                    responsible for the aircraft they use for               that each QT flight should use a fraction             representing recreational and
                                                    air tours and have already acquired a                   of an allocation.                                     environmental interests disagreed with
                                                    significant number of QT aircraft at their                 FAA and NPS Response: The agencies                 using a cumulative metric or annual
                                                    own cost. MAP–21 requires all                           structured this incentive to be                       average and said that noise increases
                                                    commercial air tour aircraft operating in               consistent with the NPATMA Sec.                       should be measured based on peak day
                                                    Grand Canyon National Park to fully                     804(c) provision relieving commercial                 or each and every day. Commenters also
                                                    convert to QT not later than 2027.                      air tour operations by QT from                        suggested that supplemental noise
                                                       Comment: Some commenters                             operational flight allocations, subject to            metrics be considered.
                                                    representing recreational and                           protections with respect to noise and                    FAA and NPS Response: The
                                                    environmental interests suggested the                   substantial restoration of natural quiet              statutory language ‘‘cumulative impact
                                                    proposal actually gives an incentive to                 in the park, and with the MAP–21                      of such flights’’ calls for a metric that
                                                    retain and operate noisier helicopters.                 provision that references increasing                  calculates noise cumulatively over a
                                                    The air tour interests commented that                   flight allocations consistent with                    period of time. LEQ12 is one of several
                                                    operators already need to maximize use                  NPATMA Sec. 804(c). Neither NPATMA                    metrics that is used to evaluate air tour
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                                                    of QT to recoup costs.                                  nor MAP–21 requires additional                        noise in Grand Canyon and other
                                                       FAA and NPS Response: Air tour                       conditions to be placed on flights using              national parks and was selected by
                                                    operators that have already converted to                allocations, as suggested by                          technical experts in the FAA and the
                                                    QT aircraft will have an additional                     commenters. As a practical matter, the                NPS as the most appropriate to use to
                                                    incentive to maximize use of those                      FAA expects an air tour operator’s fleet              determine cumulative impact. A daily
                                                    aircraft; other operators will have an                  to include the same proportion of QT for              noise calculation is not appropriate for
                                                    incentive to convert to QT. Because the                 an entire year that it uses in the first              this purpose. Substantial restoration of
                                                    cumulative impact of the incentive will                 quarter of the year, which means that                 natural quiet, another required criterion,


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                                                    22610                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices

                                                    will continue to be calculated based on                 allowed to do under the current                       substantial restoration of natural quiet.
                                                    the peak day of air tour operations using               allocation system. In addition, the                   The LEQ12 58.1 dB baseline is a fixed
                                                    the percent time audible metric.                        agencies chose 2012 as the year to                    baseline against which noise increases
                                                       Comment: One commenter suggested                     model baseline noise. MAP–21 provided                 will be judged. Noise above the baseline
                                                    that the annual evaluation of the                       renewed direction for QT incentives in                level will be considered to be an
                                                    incentive’s impact should reflect                       July 2012 and directed the agencies to                increase, regardless of whether it is
                                                    conversion to any QT aircraft that                      provide such incentives not later than                considered to be either ‘‘substantial’’ or
                                                    produces more noise than an aircraft in                 60 days after the date of enactment of                ‘‘perceptible’’. The agencies will
                                                    the baseline.                                           MAP–21. While the agencies could not                  monitor the air tour operators’ use of QT
                                                       FAA and NPS Response: The annual                     meet the 60-day time frame, it was clear              for air tours as required to be reported
                                                    evaluation will calculate the noise of all              that the Congress gave meaning to 2012                in the operators’ quarterly reports
                                                    QT and all non-QT aircraft and will                     with respect to QT incentives. An                     submitted to the FAA, and will annually
                                                    account for any additional noise,                       additional consideration by the agencies              model noise as described in this notice.
                                                    whether from a noisier aircraft or from                 was the availability and currency of air              Annual noise results will be publicly
                                                    more aircraft operations.                               tour fleet and operational data in 2012,              available. In addition, the NPS will use
                                                       Comment: Commenters questioned                       as opposed to looking back to previous                periodic on site monitoring consistent
                                                    the baseline against which the                          years. The alternative of selecting either            with industry standards. The NPS
                                                    cumulative impact of QT operations                      the year 2000 or 2005, as the air tour                routinely uses monitoring to
                                                    will be compared (i.e., the annual noise                interests suggested, was considered by                supplement modeling results.
                                                    of commercial air tour allocations in the               the agencies, but was not adopted                     Monitoring data would enable the NPS
                                                    Dragon and Zuni Point corridors as                      because of concerns about re-creating                 to check the number of flights flown on
                                                    flown with the 2012 commercial air tour                 earlier data for modeling input to obtain             each route segment, providing cross-
                                                    fleet mix and route structure).                         a noise baseline and whether the                      validation for the numbers reported by
                                                    Commenters representing recreational                    selection of a past year would                        air tour operators. Monitoring data also
                                                    and environmental interests suggested                   adequately ensure no increase in noise                would provide the single event level
                                                    there should be an improvement in the                   and no diminishment of the                            (SEL) and maximum sound level (Lmax)
                                                    noise level over the status quo measured                achievement of substantial restoration of             for each flight, enabling the NPS to
                                                    by actual operations rather than                        natural quiet. This latter consideration              confirm the benefits of QT aircraft.
                                                    allocations. The air tour interests                     was involved in deciding not to model                    Comment: Some commenters noted
                                                    questioned use of a 2012 fleet mix rather               the noise baseline with an all non-QT                 that ambient noise levels at the Grand
                                                    than a fleet mix representative of either               fleet, which would not reflect the noise              Canyon are very low and even QT
                                                    the year 2000 or 2005 and suggested that                environment in the Dragon and Zuni                    aircraft can be heard. Commenters
                                                    the comparison should be to sound                       Point corridors in 2012. The agencies                 representing recreational and
                                                    levels that would have been present if                  are also cognizant that an incentive                  environmental interests expressed
                                                    all aircraft were non-QT. The air tour                  must be based on a stable baseline that               concern that overall noise will increase
                                                    interests also suggested that the baseline              can be relied on by air tour operators as             even if QT operations result in a
                                                    should be substantial restoration of                    they make QT conversion decisions;                    reduction in noise per flight and that
                                                    natural quiet.                                          therefore, the 2012 noise baseline will               park visitors will be in worse position
                                                       FAA and NPS Response: Both                           continue to be used for this seasonal                 if the result is more constant noise from
                                                    NPATMA and MAP–21 include the QT                        relief incentive in future years. With                more frequent flights.
                                                    limiting provision: ‘‘. . . provided that               respect to using a baseline of substantial               FAA and NPS Response: The overall
                                                    the cumulative impact of such                           restoration of natural quiet, this is a               noise cannot increase under the
                                                    operations does not increase noise . . .’’              separate applicable standard in                       statutory mandate that provides for the
                                                    at the park. Neither statute provides for               NPATMA; not a substitute for the no                   QT incentive to be allowed subject to
                                                    further reductions in noise with respect                cumulative noise increase requirement.                the cumulative impact not increasing
                                                    to QT incentives. The prohibition on                    Both requirements must be met. To                     noise at the park. The LEQ12 metric used
                                                    increasing noise is not defined or                      ensure that this incentive will not                   to evaluate cumulative impact takes into
                                                    elaborated on in either statute. The FAA                diminish the achievement of substantial               account aircraft noise levels, the number
                                                    and the NPS considered various                          restoration of natural quiet by exposing              of aircraft operations, and the duration
                                                    possible baselines and determined that                  new areas of the park to air tour noise,              of noise. In addition, the incentive
                                                    the baseline should reflect the amount                  all commercial air tour aircraft,                     cannot, by statute, diminish the
                                                    of noise that can be generated by the                   including QT, must adhere to the                      achievement of substantial restoration of
                                                    number of commercial air tour                           existing route structure in the park.                 natural quiet at the park.
                                                    operations that are permitted under the                    Comment: The air tour interests                       Comment: Commenters representing
                                                    current allocation system. If noise                     suggested that any noise increase should              recreational and environmental interests
                                                    exceeds a level that is currently                       be substantial or perceptible in order to             expressed concern that noise would
                                                    permitted under the allocation system,                  justify discontinuing the incentive.                  increase in backcountry or elsewhere in
                                                    the agencies will consider it to be an                  Commenters representing recreational                  the Grand Canyon; that noise would
                                                    increase in noise. The alternative                      and environmental interests called for                increase in off-season when
                                                    selection of a noise baseline using the                 transparency and accountability,                      backpacking and hiking is most
                                                    actual level of air tour operations in                                                                        comfortable and visitors enjoy a respite
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                                                                                                            continued modeling and/or monitoring
                                                    2012, as recreational and environmental                 to ensure noise does not increase, and                from noise; or that the incentive would
                                                    interests suggested, would constitute a                 suggested that noise data should be                   result in increased flights of loud
                                                    reduction from what is currently                        made public.                                          aircraft in summer.
                                                    allowed since the actual 2012 level of                     FAA and NPS Response: The FAA                         FAA and NPS Response: There are
                                                    air tour operations was lower than what                 and the NPS are responsible and                       statutory protections to preclude an
                                                    is authorized. It would not be a QT                     accountable for ensuring that this QT                 overall, i.e., cumulative, increase in
                                                    incentive to set a baseline that is lower               incentive does not increase noise at the              noise and to prevent diminishing the
                                                    than what air tour operators would be                   park or diminish the achievement of                   achievement of substantial restoration of


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                                                                                 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices                                                 22611

                                                    natural quiet, as described in this notice                FAA and NPS Response: Currently,                      Issued in Hawthorne, CA, on March 19,
                                                    and in the response to the previous                     air tour operators can use allocations at             2015.
                                                    comment. QT aircraft must adhere to the                 any time throughout the year based on                 Glen A. Martin,
                                                    current route structure defined for air                 the demand for air tours and individual               Regional Administrator, Western-Pacific
                                                    tour operations; no new areas of the                    business decisions. This incentive does               Region, Federal Aviation Administration.
                                                    Grand Canyon will be opened to air                      not change that situation. The demand                   Issued in Lakewood, CO, on March 23,
                                                    tours under this incentive. The agencies                for air tours is expected to remain                   2015.
                                                    do not anticipate a significant increase                highest in the peak season.                           Sue E. Masica,
                                                    in the number of air tours operated in                                                                        Regional Director, Intermountain Region,
                                                    the winter months when tour demand is                     Comment: Commenters representing                    National Park Service.
                                                    low. The incentive should increase the                  recreational and environmental interests
                                                                                                                                                                  [FR Doc. 2015–09380 Filed 4–21–15; 8:45 am]
                                                    proportion of QT aircraft used for air                  advocated a cap on operations.
                                                                                                                                                                  BILLING CODE 4910–13–P
                                                    tours in the Dragon and Zuni Point                        FAA and NPS Response: Rather than
                                                    corridors and decrease the number of                    imposing a numerical cap, the statutory
                                                    louder non-QT aircraft. Air tour                        noise conditions effectively provide a                DEPARTMENT OF TRANSPORTATION
                                                    operators that convert or have converted                limit.
                                                    to QT for the seasonal relief are                                                                             Federal Motor Carrier Safety
                                                    anticipated to continue to operate those                  Comment: Commenters asserted that                   Administration
                                                    quieter fleets during the summer season.                more frequent flights will produce more
                                                    Seasonal relief allows air tour operators               air emissions.                                        Sunshine Act Meetings; Unified Carrier
                                                    to save allocations that would have been                  FAA and NPS Response: FAA and                       Registration Plan Board of Directors
                                                    used in the first quarter of the year and               NPS air quality specialists do not expect             AGENCY:  Federal Motor Carrier Safety
                                                    to use them during times of year when                   air tours to significantly affect air                 Administration (FMCSA), DOT.
                                                    air tour demand is higher; therefore,                   quality in national parks.
                                                    there may be increases in the number of                                                                       ACTION: Notice of Unified Carrier
                                                    air tour flights at other times of year                 V. Implementation Steps                               Registration Plan Board of Directors
                                                    above the number that has been allowed                                                                        Meeting.
                                                                                                               The FAA and the NPS will use the
                                                    under the allocation system. If an
                                                    increase in the number of flights rises to              quarterly reports that are currently                  TIME AND DATE:  The meeting will be held
                                                    the level that results in a cumulative                  required to be submitted by the                       on May 7, 2015, from 12:00 Noon to
                                                    increase in noise, the seasonal relief                  operators to determine the number of                  3:00 p.m., Eastern Daylight Time.
                                                    incentive will be modified to reduce                    QT flights flown during the first quarter             PLACE: This meeting will be open to the
                                                    noise or will be discontinued.                          that will not count against their annual              public via conference call. Any
                                                      Comment: Commenters suggest                           allocations. The FAA will implement                   interested person may call 1–877–422–
                                                    agencies mandate one ‘‘quiet day’’ per                  the incentive by amending the                         1931, passcode 2855443940, to listen
                                                    month.                                                  operations specifications of commercial               and participate in this meeting.
                                                      FAA and NPS Response: This                            air tour operators holding allocations in             STATUS: Open to the public.
                                                    suggestion would presumably involve a                   the Dragon and Zuni Point corridors to                MATTERS TO BE CONSIDERED: The Unified
                                                    prohibition on air tours for one day each               allow them to conduct air tours with QT               Carrier Registration Plan Board of
                                                    month, which is outside the scope of                    aircraft without using an allocation for              Directors (the Board) will continue its
                                                    approved measures currently in place at                 such tours in the specified seasonal time             work in developing and implementing
                                                    the park and is not a QT incentive.                     periods. The FAA and the NPS will                     the Unified Carrier Registration Plan
                                                      Comment: One commenter called for                     cooperatively ensure that the statutory               and Agreement and to that end, may
                                                    assurance that incentives will not                      conditions protecting the park are met.               consider matters properly before the
                                                    degrade substantial restoration of
                                                                                                                                                                  Board.
                                                    natural quiet.                                          VI. Environmental Considerations
                                                      FAA and NPS Response: The agencies                                                                          FOR FURTHER INFORMATION CONTACT:     Mr.
                                                    will ensure that this incentive does not                   This action involving the FAA’s                    Avelino Gutierrez, Chair, Unified
                                                    diminish substantial restoration of                     amendment of operations specifications                Carrier Registration Board of Directors at
                                                    natural quiet as required by NPATMA.                    is categorically excluded from more                   (505) 827–4565.
                                                                                                            detailed environmental review because                   Issued on: April 17, 2015.
                                                    Impact on air tour operations
                                                                                                            it would not have a significant effect on             Larry W. Minor,
                                                      Comment: Commenters representing                      the environment. The FAA and the NPS
                                                    recreational and environmental interests                                                                      Associate Administrator for Policy.
                                                                                                            have designed this incentive to ensure
                                                    suggest this is an attempt to increase                                                                        [FR Doc. 2015–09462 Filed 4–20–15; 4:15 pm]
                                                                                                            compliance with the statutory
                                                    number of operations by labeling them                   conditions that the cumulative impact
                                                                                                                                                                  BILLING CODE 4910–EX–P
                                                    as quieter. The air tour interests express              of QT operating without allocations
                                                    concern that operators who have already                 does not increase noise and that the
                                                    converted to QT may not see a                                                                                 DEPARTMENT OF TRANSPORTATION
                                                                                                            incentive does not diminish the
                                                    permanent increase in their allocations.
                                                                                                            statutory mandate to achieve the                      Maritime Administration
                                                    Commenters representing recreational
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                                                                                                            substantial restoration of natural quiet at
                                                    and environmental interests noted that
                                                    they expected to see flights shift from                 the park.                                             [Docket No. MARAD 2015–0049]
                                                    peak to off-peak as part of a QT                                                                              Application of Cargo Preference
                                                    incentive. One commenter expressed                                                                            Requirements to the Federal Ship
                                                    the view that the seasonal relief                                                                             Financing Program
                                                    incentive will result in vigorous
                                                    marketing of air tours in January                                                                                   Maritime Administration,
                                                                                                                                                                  AGENCY:
                                                    through March.                                                                                                MARAD, Department of Transportation.


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Document Created: 2015-12-16 08:27:34
Document Modified: 2015-12-16 08:27:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionFinal notice to announce implementation and disposition of public comments.
DatesThis incentive is effective as of January 1, 2015.
ContactKeith Lusk, Program Manager, Federal Aviation Administration, P.O. Box 92007, Los Angeles, California 90009- 2007; telephone (310) 725-3808; email [email protected] Robin Martin, Chief, Office of Planning and Compliance, Grand Canyon National Park, P.O. Box 129, Grand Canyon, Arizona 86023-0129; telephone (928) 638- 7684; email [email protected]
FR Citation80 FR 22606 

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