Termination of Previously Initiated Processes for the Development of Air Tour Management Plans and Environmental Assessments/Environmental Impact Statements for Various National Park Units and Notice of Intent To Complete Air Tour Management Plans at 23 National Park Units
| Published date | 03 September 2020 |
| Citation | 85 FR 55060 |
| Record Number | 2020-19490 |
| Section | Notices |
| Court | Federal Aviation Administration,Transportation Department |
Federal Register, Volume 85 Issue 172 (Thursday, September 3, 2020)
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 55060-55061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19490]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Termination of Previously Initiated Processes for the Development
of Air Tour Management Plans and Environmental Assessments/
Environmental Impact Statements for Various National Park Units and
Notice of Intent To Complete Air Tour Management Plans at 23 National
Park Units
AGENCY: Federal Aviation Administration, Department of Transportation.
ACTION: Notice of Termination of Previously Initiated Processes for Air
Tour Management Plans and Associated Environmental Documents and Notice
of Intent to Complete Air Tour Management Plans at 23 National Park
Units.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA), in cooperation with
the National Park Service (NPS), announces that it is terminating
previously initiated processes for the development of Air Tour
Management Plans (ATMP) and Environmental Assessments (EA)/
Environmental Impact Statements (EIS) for a number of National Park
System units. The agencies had initiated and actively worked these
processes at a number of parks from 2004 to 2011 but ceased all work by
September 2012 due to a focus on other program priorities. Given the
length of time since these processes were initiated and actively
worked, termination of these processes will allow the agencies to start
anew with the development of ATMPs and associated environmental
documents at these and other parks.
FOR FURTHER INFORMATION CONTACT: Keith Lusk, Program Manager, AWP-1SP,
Federal Aviation Administration, Western-Pacific Region, 777 S Aviation
Boulevard, Suite 150, El Segundo, California 90245. Telephone: (424)
405-7017.
SUPPLEMENTARY INFORMATION: In the following Federal Register notices
the FAA, in cooperation with the National Park Service (NPS), had
provided notice of its intent to develop EA/EIS documents for the ATMPs
at various National Park System units pursuant to the National Parks
Air Tour Management Act of 2000 (NPATMA) (Pub. L. 106-181) and its
implementing regulations contained in 14 CFR part 136, subpart B,
National Parks Air Tour Management:
Haleakala National Park (68 FR 3301, Jan. 23, 2003; 69 FR 9420-
9422, Feb. 27, 2004; and 71 FR 66575-66576, Nov. 15, 2006);
Hawaii Volcanoes National Park (68 FR 3301-3302, Jan. 23, 2003; 69
FR 9420-9422, Feb. 27, 2004; and 70 FR 44416-44417, Aug. 2, 2005);
Mount Rushmore National Memorial (69 FR 20660-20661, Apr. 16,
2004);
Badlands National Park (69 FR 20658-20659, Apr. 16, 2004);
Lake Mead National Recreation Area (69 FR 20659-20660, Apr. 16,
2004);
Death Valley National Park (75 FR 2922-2923, Jan. 19, 2010);
Mount Rainier National Park (75 FR 16899-16900, Apr. 2, 2010; 75 FR
18568-18569, Apr. 12, 2010); and
Golden Gate National Recreation Area/San Francisco Maritime
National Historical Park/Point Reyes National Seashore (76 FR 45312,
July 2011).
In 2004, the FAA and NPS began preparing environmental
documentation to comply with NPATMA and the National Environmental
Policy Act (NEPA) (Pub. L. 91-190), which requires Federal agencies to
consider the environmental impacts associated with a major Federal
action, such as completing an ATMP. The agencies were unable to
complete any ATMPs due primarily to differences in their respective
approaches to environmental analysis.
In 2012, the agencies ceased work on the development of ATMPs and
associated environmental documentation at these parks and refocused
efforts on implementation of various NPATMA amendment provisions
included in the FAA Modernization and Reform Act of 2012 (Pub. L. 112-
95). In particular, the agencies focused on the development of
Voluntary Agreements (VAs), which do not require compliance with NEPA.
On February 14, 2019, Public Employees for Environmental
Responsibility and the Hawaii Coalition Malama Pono filed a petition
for writ of mandamus in the U.S. Court of Appeals for the District of
Columbia Circuit seeking to have the FAA and the NPS complete air tour
management plans or voluntary agreements at seven specified parks. On
May 1, 2020, the Court granted the petition and ordered the
[[Page 55061]]
FAA and the NPS to file a proposed schedule within 120 days for
bringing all 23 eligible parks into compliance with NPATMA within two
years or to provide specific, concrete reasons why it would take
longer.
The agencies intend to bring the 23 national park units referenced
in the Court's order into compliance with NPATMA over the next two
years through the development of ATMPs or, secondarily, voluntary
agreements. The 23 national park units, listed below, consist of the
ten aforementioned park units along with 13 other park units where the
ATMP process was never initiated.
1. Arches National Park
2. Badlands National Park
3. Bandelier National Monument
4. Bryce Canyon National Park
5. Canyon de Chelly National Monument
6. Canyonlands National Park
7. Death Valley National Park
8. Everglades National Park
9. Glacier National Park
10. Glen Canyon National Recreation Area
11. Golden Gate National Recreation Area
12. Great Smoky Mountains National Park
13. Haleakal[amacr] National Park
14. Hawai'i Volcanoes National Park
15. Lake Mead National Recreation Area
16. Mount Rainier National Park
17. Mount Rushmore National Memorial
18. Natural Bridges National Monument
19. National Parks of New York Harbor Management Unit
20. Olympic National Park
21. Point Reyes National Seashore
22. Rainbow Bridge National Monument
23. San Francisco Maritime National Historical Park
In accordance with NPATMA, for each ATMP the agencies develop, they
will hold at least one public meeting, publish the proposed ATMP in the
Federal Register, comply with NEPA, and invite Tribes to participate as
cooperating agencies, as appropriate. The agencies intend to accomplish
these requirements in a consolidated fashion to the extent practical.
The agencies have been meeting regularly over the last year to resolve
past disagreements over the environmental analysis and NEPA compliance
and have successfully resolved key concerns. Both agencies will sign
the ATMPs and environmental decision documents. All ATMPs that the
agencies create will include adaptive management measures to ensure the
continued effectiveness of each ATMP over time. For any voluntary
agreement, the agencies will provide an opportunity for public review
and, where applicable, tribal consultation.
Issued in El Segundo, California on August 31, 2020.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2020-19490 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P
