81 FR 75183 - List of Units of the National Park System Exempt From the Provisions of the National Parks Air Tour Management Act
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
DEPARTMENT OF INTERIOR
National Park Service Federal Register Volume 81, Issue 209 (October 28, 2016)
Federal Aviation Administration
DEPARTMENT OF INTERIOR
National Park Service
Federal Register Volume 81, Issue 209 (October 28, 2016)
| Page Range | 75183-75185 | |
| FR Document | 2016-26092 |
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)] [Notices] [Pages 75183-75185] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26092] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration DEPARTMENT OF INTERIOR National Park Service List of Units of the National Park System Exempt From the Provisions of the National Parks Air Tour Management Act AGENCY: Federal Aviation Administration, Transportation; National Park Service, Interior. ACTION: List of exempt parks. ----------------------------------------------------------------------- SUMMARY: The National Parks Air Tour Management Act (NPATMA) requires the Federal Aviation Administration (FAA) and National Park Service (NPS) to develop an air tour management plan for units of the national park system where an operator has applied for authority to conduct commercial air tours. The FAA Modernization and Reform Act of 2012 amended various provisions of NPATMA. One provision exempted national park units with 50 or fewer annual flights from the requirement to prepare an air tour management plan or voluntary agreement and requires FAA and NPS to jointly publish a list of exempt parks. By Federal Register notice (See 77 FR 75254, December 19, 2012), FAA and NPS published an initial list of exempt parks in 2012 and another list in 2014 (See 79 FR 14569-14570, March 14, 2014). This notice provides the annual updated list of parks that are exempt for calendar years 2014 and 2015. FOR FURTHER INFORMATION CONTACT: Keith Lusk--Mailing address: Federal Aviation Administration, P.O. Box 92007, Los Angeles, California 90009- 2007. Telephone: (310) 725-3808. Email address: [email protected]. Vicki Ward--Mailing address: Natural Sounds and Night Skies Division, National Park Service, 1201 Oakridge Drive, Suite 100-31, Fort Collins, CO 80525. Telephone: (970) 267-2117. Email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Authority 1. NPATMA (Pub. L. 106-181, codified at 49 U.S.C. 40128) requires the FAA and NPS to develop an air tour management plan for units of the national park system where an operator has requested authority to provide commercial air tours. The FAA Modernization and Reform Act of 2012 (2012 Act) amended various provisions of NPATMA. 2. This Federal Register Notice addresses the following 2012 Act amendment provisions (which are codified at 49 U.S.C. 40128(a)(5)): a. Exempt national park units that have 50 or fewer commercial air tour operations each year from the requirement to prepare an air tour management plan or voluntary agreement. b. Authorize NPS to withdraw the exemption if the Director determines that an air tour management plan or voluntary agreement is necessary to protect resources and values or visitor use and enjoyment. c. Require FAA and NPS to publish a list each year of national parks covered by the exemption. II. List of Exempt Parks 2014 1. This list is based on the number of commercial air tour operations reported to the FAA and NPS by air tour operators conducting air tours under interim operating authority at national park units in calendar year 2014 for which the total operations was 50 or fewer. Parks on the exempt list are those that have at least one operator who has been granted operating authority to conduct commercial air tours over that park. Exempt parks are as follows: Acadia National Park, ME Big Bend National Park, TX Black Canyon of the Gunnison National Park, CO Capitol Reef National Park, UT Capulin Volcano National Monument, NM Carlsbad Caverns National Park, NM Casa Grande Ruins National Monument, AZ Cedar Breaks National Monument, UT Colonial National Historical Park, VA Colorado National Monument, CO Coronado National Memorial, AZ Devils Tower National Monument, WY Dinosaur National Monument, UT/CO Dry Tortugas National Park, FL El Malpais National Monument, NM El Morro National Monument, NM Fort Bowie National Historic Site, AZ Fort Davis National Historic Site, TX Fort Union National Monument, NM Gila Cliff Dwellings National Monument, NM [[Page 75184]] Golden Spike National Historic Site, UT Grand Teton National Park, WY Great Sand Dunes National Park and Preserve, CO Guadalupe Mountains National Park, NM Hohokam Pima National Monument, AZ Hovenweep National Monument, CO/UT Hubbell Trading Post National Historic Site, AZ Kings Canyon National Park, CA Lake Chelan National Recreation Area, WA Lassen Volcanic National Park, CA Mesa Verde National Park, CO Mojave National Preserve, CA Montezuma Castle National Monument, AZ Navajo National Monument, AZ North Cascades National Park, WA Olympic National Park, WA Organ Pipe Cactus National Monument, AZ Pecos National Historical Park, NM Petrified Forest National Park, AZ Petroglyph National Monument, NM Pipe Spring National Monument, AZ Rio Grande Wild and Scenic River, TX Saguaro National Park, AZ Salinas Pueblo Missions National Monument, NM San Juan Island National Historical Park, WA Sequoia National Park, CA Sunset Crater Volcano National Monument, AZ Timpanogos Cave National Monument, UT Tumacacori National Historic Park, AZ Tuzigoot National Monument, AZ Voyageurs National Park, MN Walnut Canyon National Monument, AZ Wupatki National Monument, AZ Yellowstone National Park, ID/MT/WY Yosemite National Park, CA Yucca House National Monument, CO Zion National Park, UT 2. NPS is authorized to withdraw a park from the exempt list if NPS determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment. Under this statutory authority, the NPS Director informed the FAA Administrator in writing on September 15, 2015, that NPS withdrew the exemption for Death Valley National Park and Mount Rainier National Park. These two parks have been removed from the 2014 exempt list. III. List of Exempt Parks 2015 1. This list is based on the number of commercial air tour operations reported to the FAA and NPS by air tour operators conducting air tours under interim operating authority at national park units in calendar year 2015 for which the total operations was 50 or fewer. Parks on the exempt list are those that have at least one operator who has been granted operating authority to conduct commercial air tours over that park. Exempt parks are as follows: Acadia National Park, ME Big Bend National Park, TX Black Canyon of the Gunnison National Park, CO Cape Hatteras National Seashore, NC Capitol Reef National Park, UT Capulin Volcano National Monument, NM Carlsbad Caverns National Park, NM Casa Grande Ruins National Monument, AZ Cedar Breaks National Monument, UT Colorado National Monument, CO Coronado National Memorial, AZ Devils Tower National Monument, WY Dinosaur National Monument, UT/CO Dry Tortugas National Park, FL El Malpais National Monument, NM El Morro National Monument, NM Fort Bowie National Historic Site, AZ Fort Davis National Historic Site, TX Fort Union National Monument, NM Gila Cliff Dwellings National Monument, NM Golden Spike National Historic Site, UT Grand Teton National Park, WY Great Sand Dunes National Park and Preserve, CO Guadalupe Mountains National Park, NM Hohokam Pima National Monument, AZ Hovenweep National Monument, CO/UT Hubbell Trading Post National Historic Site, AZ Kings Canyon National Park, CA Mojave National Preserve, CA Montezuma Castle National Monument, AZ Navajo National Monument, AZ North Cascades National Park, WA Olympic National Park, WA Organ Pipe Cactus National Monument, AZ Pecos National Historical Park, NM Petrified Forest National Park, AZ Petroglyph National Monument, NM Pipe Spring National Monument, AZ Rio Grande Wild and Scenic River, TX Saguaro National Park, AZ Salinas Pueblo Missions National Monument, NM San Juan Island National Historical Park, WA Sequoia National Park, CA Sunset Crater Volcano National Monument, AZ Timpanogos Cave National Monument, UT Tumacacori National Historic Park, AZ Tuzigoot National Monument, AZ Voyageurs National Park, MN Walnut Canyon National Monument, AZ Wupatki National Monument, AZ Yellowstone National Park, ID/MT/WY Yosemite National Park, CA Yucca House National Monument, CO Zion National Park, UT 2. Mesa Verde National Park, CO, is on the 2014 exempt list but not on the 2015 exempt list because the combined number of commercial air tours reported by all air tour operators was 50 tours or fewer in 2014, but exceeded 50 tours in 2015. 3. Cape Hatteras National Seashore, NC, is not on the 2014 exempt list but is on the 2015 exempt list because the combined number of commercial air tours reported by all air tour operators exceeded 50 tours in 2014, but was 50 tours or fewer in 2015. 4. Colonial National Historical Park, VA; Lake Chelan National Recreation Area, WA; and Lassen Volcanic National Park, CA are on the 2014 exempt list but not on the 2015 exempt list because there is no longer any operator(s) who has applied for operating authority to conduct commercial air tours over those parks. At all the other parks on the 2015 list, there is at least one operator who has applied for operating authority to conduct tours over that park. IV. List of Exempt Parks for Future Years The FAA and NPS will publish a list of exempt parks annually. The list could change from year to year since parks may be added to or removed from the exempt list based on the previous year's number of annual operations. In order to continue to be exempt, a park must have 50 or fewer annual commercial air tour operations in any given calendar year. The list could also change if NPS withdraws an exempted park. NPS is authorized to withdraw a park from the exempt list if NPS determines that an air tour management plan or a voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment. Pursuant to the 2012 Act, the NPS shall inform the FAA in writing of each determination to withdraw an exemption. At parks that lose exempt status, operators will return to interim operating authority requirements until an air tour management plan or a voluntary agreement has been established. [[Page 75185]] Issued in Hawthorne, CA, on August 11, 2016. Glen A. Martin, Regional Administrator, Western-Pacific Region, Federal Aviation Administration. Issued in Washington, DC, on August 17, 2016. Raymond M. Sauvajot, Associate Director, Natural Resource Stewardship and Science, National Park Service. [FR Doc. 2016-26092 Filed 10-27-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices 75183
anticipate a measurable reduction in Counsel, 1200 New Jersey Avenue SE., I. Authority
force or changes in compensation levels Washington, DC 20590. 1. NPATMA (Pub. L. 106–181,
or benefits. Decided: October 25, 2016. codified at 49 U.S.C. 40128) requires the
AAC also claims that neither By the Board, Chairman Elliott, Vice FAA and NPS to develop an air tour
competition nor the public interest Chairman Miller, and Commissioner management plan for units of the
would be adversely affected, as the Begeman. national park system where an operator
proposed transaction involves merely a Marline Simeon, has requested authority to provide
transfer of one holding company to Clearance Clerk. commercial air tours. The FAA
another holding company. AAC states Modernization and Reform Act of 2012
[FR Doc. 2016–26103 Filed 10–27–16; 8:45 am]
that, because it does not currently have (2012 Act) amended various provisions
BILLING CODE 4915–01–P
any ownership interest in any passenger of NPATMA.
motor carrier, there would be no net 2. This Federal Register Notice
gain in market power with respect to the addresses the following 2012 Act
Acquisition Carriers under the proposed DEPARTMENT OF TRANSPORTATION
amendment provisions (which are
transaction. Furthermore, AAC states codified at 49 U.S.C. 40128(a)(5)):
Federal Aviation Administration
that the bus operations of the a. Exempt national park units that
Acquisition Carriers are geographically have 50 or fewer commercial air tour
DEPARTMENT OF INTERIOR
dispersed and there is little or no operations each year from the
overlap in service areas or in customer requirement to prepare an air tour
National Park Service
base. Thus, AAC states that the impact management plan or voluntary
of the proposed transaction on the List of Units of the National Park agreement.
regulated motor carrier industry would System Exempt From the Provisions of b. Authorize NPS to withdraw the
be minimal and that neither competition the National Parks Air Tour exemption if the Director determines
nor the public interest would be Management Act that an air tour management plan or
adversely affected. voluntary agreement is necessary to
On the basis of the application, the AGENCY: Federal Aviation protect resources and values or visitor
Board finds that the proposed Administration, Transportation; use and enjoyment.
acquisition is consistent with the public National Park Service, Interior. c. Require FAA and NPS to publish a
interest and should be tentatively ACTION: List of exempt parks. list each year of national parks covered
approved and authorized. If any by the exemption.
opposing comments are timely filed, SUMMARY: The National Parks Air Tour
these findings will be deemed vacated, Management Act (NPATMA) requires II. List of Exempt Parks 2014
and, unless a final decision can be made the Federal Aviation Administration 1. This list is based on the number of
on the record as developed, a (FAA) and National Park Service (NPS) commercial air tour operations reported
procedural schedule will be adopted to to develop an air tour management plan to the FAA and NPS by air tour
reconsider the application. See 49 CFR for units of the national park system operators conducting air tours under
1182.6(c). If no opposing comments are where an operator has applied for interim operating authority at national
filed by the expiration of the comment authority to conduct commercial air park units in calendar year 2014 for
period, this notice will take effect tours. The FAA Modernization and which the total operations was 50 or
automatically and will be the final Reform Act of 2012 amended various fewer. Parks on the exempt list are those
Board action. provisions of NPATMA. One provision that have at least one operator who has
This action is categorically excluded exempted national park units with 50 or been granted operating authority to
from environmental review under 49 fewer annual flights from the conduct commercial air tours over that
CFR 1105.6(c). requirement to prepare an air tour park. Exempt parks are as follows:
Board decisions and notices are management plan or voluntary
agreement and requires FAA and NPS to Acadia National Park, ME
available on our Web site at Big Bend National Park, TX
‘‘WWW.STB.GOV.’’ jointly publish a list of exempt parks. By
Federal Register notice (See 77 FR Black Canyon of the Gunnison National
It is ordered: Park, CO
1. The proposed transaction is 75254, December 19, 2012), FAA and
NPS published an initial list of exempt Capitol Reef National Park, UT
approved and authorized, subject to the Capulin Volcano National Monument,
filing of opposing comments. parks in 2012 and another list in 2014
NM
2. If opposing comments are timely (See 79 FR 14569–14570, March 14,
Carlsbad Caverns National Park, NM
filed, the findings made in this notice 2014). This notice provides the annual
Casa Grande Ruins National Monument,
will be deemed as having been vacated. updated list of parks that are exempt for
AZ
3. This notice will be effective calendar years 2014 and 2015.
Cedar Breaks National Monument, UT
December 13, 2016, unless opposing FOR FURTHER INFORMATION CONTACT: Colonial National Historical Park, VA
comments are filed by December 12, Keith Lusk—Mailing address: Federal Colorado National Monument, CO
2016. Aviation Administration, P.O. Box Coronado National Memorial, AZ
4. A copy of this notice will be served 92007, Los Angeles, California 90009– Devils Tower National Monument, WY
on: (1) The U.S. Department of 2007. Telephone: (310) 725–3808. Email Dinosaur National Monument, UT/CO
Transportation, Federal Motor Carrier address: Keith.Lusk@faa.gov. Vicki Dry Tortugas National Park, FL
mstockstill on DSK3G9T082PROD with NOTICES
Safety Administration, 1200 New Jersey Ward—Mailing address: Natural Sounds El Malpais National Monument, NM
Avenue SE., Washington, DC 20590; (2) and Night Skies Division, National Park El Morro National Monument, NM
the U.S. Department of Justice, Antitrust Service, 1201 Oakridge Drive, Suite Fort Bowie National Historic Site, AZ
Division, 10th Street & Pennsylvania 100–31, Fort Collins, CO 80525. Fort Davis National Historic Site, TX
Avenue NW., Washington, DC 20530; Telephone: (970) 267–2117. Email Fort Union National Monument, NM
and (3) the U.S. Department of address: Vicki_Ward@nps.gov. Gila Cliff Dwellings National
Transportation, Office of the General SUPPLEMENTARY INFORMATION: Monument, NM
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![Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices 75185
Issued in Hawthorne, CA, on August 11, FOR FURTHER INFORMATION CONTACT: of the North 1⁄2 of the Southwest 1⁄4 of
2016. Irene R. Porter, Program Manager, said Section; Thence Northeasterly
Glen A. Martin, Federal Aviation Administration, 127.77 feet along a 1834.86 foot radius
Regional Administrator, Western-Pacific Airports Detroit District Office, 11677 curve to the left, the long chord of
Region, Federal Aviation Administration. South Wayne Road, Suite 107, Romulus, which bears N85°43′00″ E. 127.74 feet to
Issued in Washington, DC, on August 17, Michigan 48174, Telephone Number: the North and South 1⁄4 line of said
2016. (734) 229–2915/FAX Number: (734) Section as monumented; Thence
Raymond M. Sauvajot, 229–2950. S00°18′36″ E. 22.12 feet along said
Associate Director, Natural Resource SUPPLEMENTARY INFORMATION: In North and South 1⁄4 line to the Northerly
Stewardship and Science, National Park accordance with section 47107(h) of line of the Right of Way as described in
Service. Title 49, United States Code, this notice Document number 2007R–1 0240,
[FR Doc. 2016–26092 Filed 10–27–16; 8:45 am] is required to be published in the Grand Traverse County Register of
BILLING CODE 4910–13–P Federal Register 30 days before Deeds; Thence Southwesterly 127.00
modifying the land-use assurance that feet along a 1856.86 foot radius curve to
requires the property to be used for an the right, the long chord of which bears
DEPARTMENT OF TRANSPORTATION aeronautical purpose. S85°45′07″ W. 126.97 feet; Thence
The property is currently a wooded S87°42′41″ W. 2099.33 feet (previously
Federal Aviation Administration area maintained for compatible land use recorded as 2101.33 feet) along a line
surrounding the airfield. The proposed which is 53 feet north of, and parallel
Public Notice for Waiver of non-aeronautical land use would be for with the South line of the North 1⁄2 of
Aeronautical Land-Use Assurance roadway improvements to support the the Southwest 1⁄4 of said Section to the
new commercial/industrial West line of said Section; Thence
AGENCY: Federal Aviation
development. The property was N00°45′58″ E. 22.03 feet to the point of
Administration (FAA), DOT. originally owned by the City of Traverse Beginning of this description.
ACTION: Notice of intent of waiver with City, Michigan and was subject to an Containing 1.25 Acres.
respect to land; Cherry Capital Airport, AP–4 Instrument of conveyance from
Traverse City, Michigan. Issued in Romulus, Michigan, on October
the City to the United States 12, 2016.
Government dated May 17, 1943. At the
SUMMARY: The FAA is considering a John L. Mayfield, Jr.,
end of the war the U.S. Government
proposal to change 1.25 acres of airport Manager, Detroit Airports District Office,
transferred the property back to the City
land from aeronautical use to non- FAA, Great Lakes Region.
of Traverse City, Michigan. In 1966 the
aeronautical use and to authorize the National Emergency Use Provision was [FR Doc. 2016–26087 Filed 10–27–16; 8:45 am]
sale of airport property located at Cherry released from this property. The airport BILLING CODE 4910–13–P
Capital Airport, Traverse City, will receive Fair Market Value for the
Michigan. The aforementioned land is land to be transferred to the County to
not needed for aeronautical use. DEPARTMENT OF TRANSPORTATION
support the road improvements. The
The proposed property is located east disposition of proceeds from the sale of Federal Aviation Administration
of the airport terminal area adjacent to the airport property will be in
the current South Airport Road right-of- accordance with FAA’s Policy and Public Notice for Waiver of
way at the Cherry Capital Airport. The Procedures Concerning the Use of Aeronautical Land-Use Assurance
property is currently a wooded area Airport Revenue, published in the
maintained for compatible land use Federal Register on February 16, 1999 AGENCY: Federal Aviation
surrounding the airfield. The proposed (64 FR 7696). Administration (FAA), DOT.
non-aeronautical land use would be for This notice announces that the FAA ACTION: Notice of intent of waiver with
roadway improvements to support the is considering the release of the subject respect to land; Cherry Capital Airport,
new commercial/industrial airport property at the Cherry Capital Traverse City, Michigan.
development. Airport, Traverse City, Michigan, from
SUMMARY: The FAA is considering a
DATES: Comments must be received on federal land covenants, subject to a
proposal to change 63.04 acres of airport
or before November 28, 2016. reservation for continuing right of flight
land from aeronautical use to non-
as well as restrictions on the released
ADDRESSES: Documents are available for property as required in FAA Order aeronautical use and to authorize the
review by appointment at the FAA 5190.6B section 22.16. Approval does lease of airport property located at
Detroit Airports District Office, Irene R. not constitute a commitment by the Cherry Capital Airport, Traverse City,
Porter, Program Manager, 11677 South FAA to financially assist in the disposal Michigan. The aforementioned land is
Wayne Road, Suite 107, Romulus, of the subject airport property nor a not needed for aeronautical use.
Michigan 48174. Telephone: (734) 229– The proposed property is located east
determination of eligibility for grant-in-
2915/Fax: (734) 229–2950 and Cherry of the airport terminal area along South
aid funding from the FAA.
Capital Administrative Offices, 727 Fly Airport Road at the Cherry Capital
Don’t Drive, Traverse City, Michigan. Property Description Airport. The property is currently a
Telephone: (231) 947–2250. Part of Section 18, T27N, R10W, City wooded area maintained for compatible
Written comments on the Sponsor’s of Traverse City, Grand Traverse land use surrounding the airfield. The
request must be delivered or mailed to: County, Michigan, described as: proposed non-aeronautical land use
mstockstill on DSK3G9T082PROD with NOTICES
Irene R. Porter, Program Manager, Commencing at the West 1⁄4 corner of would be for compatible commercial/
Federal Aviation Administration, said Section; Thence S00°45′58″ W. industrial development, allowing the
Airports Detroit District Office, 11677 1244.58 feet along the West line of said airport to become more self-sustaining.
South Wayne Road, Suite 107, Romulus, Section to the Point of Beginning of this DATES: Comments must be received on
Michigan 48174, Telephone Number: description: Thence N87°42′41″ E. or before November 28, 2016.
(734) 229–2915/FAX Number: (734) 2098.16 feet along a line that is 75 feet ADDRESSES: Documents are available for
229–2950. north of and parallel with the South line review by appointment at the FAA
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Document Created: 2018-02-13 16:40:05
Document Modified: 2018-02-13 16:40:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | List of exempt parks. | |
| FR Citation | 81 FR 75183 |
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