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

‘‘prior notice to persons determined to 

be subject to the Order who might have 

a constitutional presence in the United 

States would render ineffectual the 

blocking and other measures authorized 

in the Order because of the ability to 

transfer funds instantaneously,’’ I 

determine that no prior notice needs to 

be provided to any person subject to this 

determination who might have a 

constitutional presence in the United 

States, because to do so would render 

ineffectual the measures authorized in 

the Order. 

This notice shall be published in the 

Federal Register. 

Dated: April 10, 2015. 

John F. Kerry, 

Secretary of State. 

[FR Doc. 2015–09379 Filed 4–21–15; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 9105] 

Department of State FY 2014 Service 

Contract Inventory 

AGENCY: Department of State. 

ACTION: Notice of Release of the 

Department of State’s FY 2014 Service 

Contract Inventory. 

SUMMARY: Acting in compliance with 

Section 743 of Division C of the 

Consolidated Appropriations Act of 

2010 (Pub. L. 111–117), the Department 

of State is publishing this notice to 

advise the public of the availability of 

the FY 2014 Service Contract Inventory. 

The FY 2014 Service Contract Inventory 

includes the Summary Report, Detailed 

Report, Supplement Report, and 

Planned Analysis. Additionally, the FY 

2013 Meaningful Analysis is available. 

The inventory was developed in 

accordance with guidance issued on 

November 5, 2010, December 19, 2011, 

and November 25, 2014 by the Office of 

Management and Budget (OMB), Office 

of Federal Procurement Policy (OFPP). 

The Department of State has posted its 

FY 2014 Service Contract Inventory and 

FY 2013 Meaningful Analysis at the 

following link: http://csm.state.gov/

content.asp?content_id=135&menu_

id=71. 

DATES: The inventory is available on the 

Department’s Web site as of April 9, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Marlon Henry, Management and 

Program Analyst, A/EX/CSM, 202–485– 

7210, HenryMD@state.gov. 

Dated: April 15, 2015. 

Marlon Henry, 

Management and Program Analyst, A/EX/

CSM., Department of State. 

[FR Doc. 2015–09374 Filed 4–21–15; 8:45 am] 

BILLING CODE 4710–24–P 

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. 

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 

keith.lusk@faa.gov 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 

Robin_Martin@nps.gov. 

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 fixedwing 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 


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1Cumulative 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. 

2LEQ12 stands for Equivalent Sound Level for 12 

hours, which is a cumulative measure of the noise 

Continued 

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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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. 

3This 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. 

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

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 


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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, 


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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 crossvalidation 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 


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

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Sunshine Act Meetings; Unified Carrier 

Registration Plan Board of Directors 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Unified Carrier 

Registration Plan Board of Directors 

Meeting. 

TIME AND DATE: The meeting will be held 

on May 7, 2015, from 12:00 Noon to 

3:00 p.m., Eastern Daylight Time. 

PLACE: This meeting will be open to the 

public via conference call. Any 

interested person may call 1–877–422– 

1931, passcode 2855443940, to listen 

and participate in this meeting. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: The Unified 

Carrier Registration Plan Board of 

Directors (the Board) will continue its 

work in developing and implementing 

the Unified Carrier Registration Plan 

and Agreement and to that end, may 

consider matters properly before the 

Board. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Avelino Gutierrez, Chair, Unified 

Carrier Registration Board of Directors at 

(505) 827–4565. 

Issued on: April 17, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–09462 Filed 4–20–15; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2015–0049] 

Application of Cargo Preference 

Requirements to the Federal Ship 

Financing Program 

AGENCY: Maritime Administration, 

MARAD, Department of Transportation. 


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