Notice2023-24191
Notice of Availability of Consultation Documents for Public Comment Under Section 106 of the National Historic Preservation Act
Primary source
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Published
November 2, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA, in cooperation with the National Park Service (NPS) (together the agencies), has initiated development of an Air Tour Management Plan (ATMP) for Canyon de Chelly National Monument (the Park) pursuant to the National Parks Air Tour Management Act (NPATMA) of 2000 and its implementing regulations. The agencies determined that the development of an ATMP constitutes a Federal undertaking subject to compliance the National Historic Preservation Act of 1966, as amended (NHPA). The agencies have initiated the section 106 process with the Navajo Nation Tribal Historic Preservation Officer, Tribes, and other consulting parties. This notice announces the opportunity for the public to comment on the results of the FAA's efforts to identify historic properties, evaluate the properties' significance, and assess the undertaking's effects on them. The agencies are seeking public input on the FAA's efforts to date in identifying consulting parties, determining the area of potential effects, identifying historic properties, and assessing the effects of the undertaking on historic properties within the area of potential effects. The agencies are providing the description of the undertaking, the consulting party list, the delineation of the proposed Area of Potential Effects (APE), the results of the agencies' efforts to identify historic properties within the APE, the evaluation of their significance, and the agencies' approach to assessing the undertaking's effects upon the identified historic properties. Supporting documentation can be found at the following link: https://parkplanning.nps.gov/CACHATMP.
Full Text
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<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
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[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75364-75366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24191]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Availability of Consultation Documents for Public
Comment Under Section 106 of the National Historic Preservation Act
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of availability of consultation documents for public
comment under section 106 of the National Historic Preservation Act.
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SUMMARY: The FAA, in cooperation with the National Park Service (NPS)
(together the agencies), has initiated development of an Air Tour
Management Plan (ATMP) for Canyon de Chelly National Monument (the
Park) pursuant to the National Parks Air Tour Management Act (NPATMA)
of 2000 and its implementing regulations. The agencies determined that
the development of an ATMP constitutes a Federal undertaking subject to
compliance the National Historic Preservation Act of 1966, as amended
(NHPA). The agencies have initiated the section 106 process with the
Navajo Nation Tribal Historic Preservation Officer, Tribes, and other
consulting parties. This notice announces the opportunity for the
public to comment on the results of the FAA's efforts to identify
historic properties, evaluate the properties' significance, and assess
the undertaking's effects on them. The agencies are seeking public
input on the FAA's efforts to date in identifying consulting parties,
determining the area of potential effects, identifying historic
properties, and assessing the effects of the undertaking on historic
properties within the area of potential effects. The agencies are
providing the description of the undertaking, the consulting party
list, the delineation of the proposed Area of Potential Effects (APE),
the results of the agencies' efforts to identify historic properties
within the APE, the evaluation of their significance, and the agencies'
approach to assessing the undertaking's effects upon the identified
historic properties. Supporting documentation can be found at the
following link: <a href="https://parkplanning.nps.gov/CACHATMP">https://parkplanning.nps.gov/CACHATMP</a>.
DATES: Any member of the public is encouraged to provide views on this
project to the agencies. The agencies will accept and consider comments
related to section 106. Comments must be received on or before December
1, 2023, by 11:59 MDT. Comments will be received on the PEPC website.
The Park's website link is <a href="https://parkplanning.nps.gov/CACHATMP">https://parkplanning.nps.gov/CACHATMP</a>.
Before including your address, phone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask in your
comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so.
ADDRESSES: The public is encouraged to provide written comments
regarding the section 106 documents provided in the PEPC website
throughout the comment period.
Contact: Any request for reasonable accommodation related to
providing comments on the Section 106 documents should be sent to the
person listed on the Park's PEPC website. The U.S. Department of
Transportation and U.S. Department of the Interior are committed to
providing equal access to the meetings for all participants. If you
need alternative formats or services because of a disability, such as
sign language, interpretation, or other ancillary aids, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Sandra Fox, (202) 267-0928,
<a href="/cdn-cgi/l/email-protection#1d4e7c73796f7c3344335b72655d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="7d2e1c13190f1c5324533b12053d1b1c1c531a120b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Description of the Undertaking. The undertaking for purposes of
section 106 is implementing an ATMP for the Park. Consistent with the
NPATMA, the proposed ATMP would regulate commercial air tours over the
Park or within \1/2\ mile outside the boundary of the Park, including
over tribal lands within or abutting the Park. A commercial air tour
subject to the ATMP is any flight conducted for compensation or hire in
a powered aircraft where a purpose of the flight is sightseeing over
the Park, or within \1/2\ mile of its boundary, during which the
aircraft flies:
(1) Below 5,000 feet above ground level (except solely for the
purposes of takeoff or landing, or necessary for safe operation of an
aircraft as determined under the rules and regulations of the FAA
requiring the pilot-in-command to take action to ensure the safe
operation of the aircraft); or
(2) Less than one mile laterally from any geographic feature within
the Park (unless more than \1/2\ mile outside the Park boundary).
Overflights that do not meet the definition above of a commercial
air tour are not subject to the NPATMA and are thus outside the scope
of the ATMP.
The agencies have documented the existing conditions for commercial
air tour operations over the Park. Although there are four air tour
operators with IOA (Interim Operating Authority), only one commercial
air tour operator currently conducts tours over the Park. The operator
currently flies one route west to east over the southern portion of the
park, two routes running east to west and back through the center of
the Park, and two routes entering and exiting through the north portion
of the Park and passing along the center of the Park east to west and
back. Until the ATMP is in place the operators could change routes to
fly over other areas of the Park without notice to the agencies.
Existing routes are depicted in Attachment A in the supporting
documentation. The agencies consider the existing operations for
commercial air tours to be an average of 2017-2019 annual air tours
flown, which is 43 air tours. Based on 2017-2019 data, there was only
one instance in which flights exceeded 1 per day (2 flights on 3/19/
19). A three-year average is used because it reflects the most accurate
and reliable air tour conditions, and accounts for variations across
multiple years. Under existing conditions, commercial air tours over
the Park are conducted using fixed wing aircraft: Cessna 182 and Cessna
T207A. Reported minimum altitudes range from 800 to 1,000 feet (ft.)
above ground level (AGL) \1\ depending on the route. The proposed
undertaking would prohibit commercial air tour operations within the
ATMP planning area. A summary of
[[Page 75365]]
the undertaking elements is shown in the table below:
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\1\ Altitude expressed in units above ground level is a
measurement of the distance between the ground surface and the
aircraft, whereas altitude expressed in median sea level (MSL)
refers to the altitude of aircraft above sea level, regardless of
the terrain below it. Aircraft flying at a constant MSL altitude
would simultaneously fly at varying AGL altitudes, and vice versa,
assuming uneven terrain is present below the aircraft.
Summary of ATMP Elements
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General Description and Objectives..... Prohibits air tours within the
ATMP planning area to maximize
achievement of Park management
objectives. Air tours could
continue to fly outside the
ATMP planning area (i.e., at
or above 5,000 feet AGL or
more than \1/2\-mile outside
of the Park's boundary).
Annual/Daily Number of Flights......... None in ATMP planning area.
Routes................................. None in ATMP planning area.
Minimum Altitudes...................... Flights over the Park at or
above 5,000 feet AGL could
occur as they are outside the
ATMP planning area. Flights
more than \1/2\-mile outside
the Park boundary could
similarly still occur as they
are also outside the ATMP
planning area.
Time of Day............................ N/A.
Day of Week............................ N/A.
Seasonal............................... N/A.
Quiet Technology (QT) Incentives....... N/A.
Annual Meeting, Operator Training and N/A.
Education.
Restrictions for Particular Events..... N/A.
Adaptive Management.................... N/A.
Initial Allocation, Aircraft Type, N/A.
Competitive Bidding, and New Entrants.
Monitoring and Enforcement............. Monitoring would occur to
ensure operators are complying
with the terms and conditions
of the ATMP.
Interim Operating Authority \2\........ Terminates 180 days from the
establishment date of the
ATMP.
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Delineation of the Proposed APE and Historic Property
Identification. In establishing the proposed APE, the FAA sought to
include areas where any historic property present could be affected by
noise from or sight of commercial air tours that may take place under
the undertaking, including those over the Park or adjacent tribal lands
or those that are reasonably foreseeable. The FAA proposed an APE
comprising the Park plus \1/2\ mile outside the boundary of the Park. A
map of the APE can be found on the Planning, Environment and Public
Comment System (PEPC) website linked below.
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\2\ Commercial air tours over the Park are currently conducted
under interim operating authority (IOA) that NPATMA required the FAA
to grant air tour operators. Interim operating authority does not
provide any operating parameters (routes, altitudes, etc.) for
commercial air tours other than an annual limit. Under NPATMA, IOA
for a park terminates by operation of law 180 days after an ATMP is
established for that park.
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To identify historic properties within the APE, the FAA coordinated
with Park staff to identify known historic properties located within
the APE. The FAA also coordinated with the Navajo Nation Heritage and
Historic Preservation Department to collect data for previously
identified properties that may be listed in or are eligible for listing
in the National Register of Historic Places (National Register). The
agencies performed an in-person records search at the Navajo Nation
Heritage and Historic Preservation Department on September 13, 2023,
which focused on identifying known Traditional Cultural Properties
(TCPs) within the APE. The agencies have also consulted with other
consulting parties, including Tribes that have an interest in the area,
to identify any historic properties not previously identified in the
APE or additional information on historic properties previously
documented in the APE. A summary of the identified historic properties
and whether they are listed or eligible to be listed on the National
Register can be found on the PEPC website linked below.
Assessment of Effects. In assessing the effect of the undertaking
on historic properties within the APE, the FAA will take into
consideration that the undertaking does not include land acquisition,
construction, or ground disturbance and will not result in physical
effects to historic properties. The agencies will assess the effects of
the undertaking on a historic property to determine if it alters the
characteristics that qualify the property for eligibility for listing
or inclusion in the National Register. Effects are considered adverse
if they diminish the integrity of a property's elements that contribute
to its significance. The agencies will focus the assessment of effects
on the potential for adverse effects from the introduction of audible
or visual elements that could diminish the integrity of the property's
significant historic features. The FAA is also considering whether air
tours could affect the use of TCPs associated with cultural practices,
customs, or beliefs that continue to be held or practiced today.
The agencies request that you provide any comments you may have
regarding the undertaking, the historic property identification
efforts, your views regarding the significant characteristics of listed
or eligible properties, and any information you might have that would
help identify additional properties for which setting or feeling is a
characteristic of significance. Your feedback on the potential of the
undertaking to cause adverse effects to the historic properties is also
welcomed.
This notice affords the public an opportunity to participate in
section 106 activities for the development of an ATMP at Canyon de
Chelly National Monument, including reviewing and providing comments on
the section 106 process to date. The FAA and NPS encourage public
participation and provide information on how to submit comments or
feedback below. Supporting documentation can be found at the following
link: <a href="https://parkplanning.nps.gov/CACHATMP">https://parkplanning.nps.gov/CACHATMP</a>.
The FAA and NPS are issuing this notice pursuant to section
800.2(d) of 36 CFR part 800, Protection of Historic Properties, and
section 106 of 54 U.S.C. Subtitle III, National Historic Preservation
Act. The section 106 implementing regulations at 36 CFR part 800
require FAA, as the lead Federal agency, to identify any properties
within the project area that are listed in or eligible for listing in
the National Register; to assess the effects the undertaking may have
on historic properties; and to seek ways to avoid, minimize, or
mitigate any adverse effects.
The FAA and the NPS are inviting comments from the public, Federal
and State agencies, Tribes, and other interested parties on the section
106
[[Page 75366]]
process for Canyon de Chelly National Monument.
The FAA and the NPS have determined that the ATMP constitutes a
Federal undertaking subject to compliance with section 106 of the NHPA
and its implementing regulations at 36 CFR part 800. The FAA and the
NPS have consulted with the Tribal Historic Preservation Officer,
federally recognized Tribes, and other interested parties to identify
historic properties and assess the potential effects of the ATMP on
them.
The proposed APE for this undertaking (36 CFR 800.4(a)(1)) as
defined at 36 CFR 800.16(d) is the geographic area or areas within
which the undertaking may directly or indirectly cause alterations in
the character or use of any historic properties, if any such properties
exist. FAA and NPS approval of the ATMP does not require land
acquisition, construction, or ground disturbance, and the FAA
anticipates no physical effects to historic properties. The FAA is
therefore focusing its assessment on the potential introduction of
visual or audible elements that could diminish the integrity of any
identified significant historic properties.
The historic property identification effort has focused on
identifying properties for which setting and feeling are
characteristics contributing to a property's National Register
eligibility, as they are the type of historic property most sensitive
to the effects of aircraft overflight. These may include isolated
properties where a cultural landscape is part of the property's
significance, rural historic districts, outdoor spaces designed for
meditation or contemplation, and certain TCPs. The agencies have taken
into consideration the views and input of consulting parties, past
planning, research and studies, magnitude and nature of the
undertaking, degree of Federal involvement, nature and extent of
potential effects on historic properties, and the likely nature of
historic properties within the APE in accordance with 36 CFR
800.4(b)(1). The historic property identification effort has focused on
properties for which setting and feeling are characteristics
contributing to the property's National Register eligibility.
In assessing the effects of the undertaking on historic properties
in the APE, the FAA will consider the number and altitude of commercial
air tours over historic properties to further assess the potential for
visual effects and any incremental change in noise levels that may
result in alteration of the characteristics of historic properties
qualifying them for the National Register.
The comment period is open to the public. The FAA and the NPS
request that comments be as specific as possible. All written comments
become part of the official record. Written comments regarding the
section 106 consultation documents can be submitted via PEPC or sent to
the mailing addresses provided on the Park's PEPC site. Comments will
not be accepted by fax, email, or any other way than those specified
above.
Issued in Washington, DC, on October 30, 2023.
Sandra Fox,
Environmental Protection Specialist, FAA Office of Environment &
Energy.
[FR Doc. 2023-24191 Filed 11-1-23; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on November 2, 2023.
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