Notice of Availability of Consultation Documents for Public Comment Under Section 106 of the National Historic Preservation Act, 75364-75366 [2023-24191]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75364-75366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://parkplanning.nps.gov/CACHATMP.

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 https://parkplanning.nps.gov/CACHATMP.
    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, 
[email protected].

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: https://parkplanning.nps.gov/CACHATMP.
    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]
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