[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22606-22611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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