75364 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices 

1Altitude 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. 

contracting Scorecard and the 

governmentwide prime contracting 

scorecard by disregarding actions using 

Funding Office code 36135Y. This code 

refers to the Office of Integrated Veteran 

Care within the Veterans Health 

Administration, which reports the 

claims for payments under the CCN 

contracts for submission to FPDS. 

Larry Stubblefield, 

Acting Associate Administrator, Office of 

Government Contracting and Business 

Development. 

[FR Doc. 2023–24206 Filed 11–1–23; 8:45 am] 

BILLING CODE 8026–09–P 

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. 

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, 

Sandra.Y.Fox@faa.gov. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices 75365 

2Commercial 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. 

the undertaking elements is shown in 

the table below: 

SUMMARY OF ATMP ELEMENTS

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 Education .................................. N/A. 

Restrictions for Particular Events ............................................................. N/A. 

Adaptive Management .............................................................................. N/A. 

Initial Allocation, Aircraft Type, Competitive Bidding, and New Entrants N/A. 

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. 

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. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
75366 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Notices 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0002–N–22] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, this notice 

announces that FRA is forwarding the 

Information Collection Request (ICR) 

summarized below to the Office of 

Management and Budget (OMB) for 

review and comment. The ICR describes 

the information collection and its 

expected burden. On August 25, 2023, 

FRA published a notice providing a 60- 

day period for public comment on the 

ICR. 

DATES: Interested persons are invited to 

submit comments on or before 

December 4, 2023. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be sent within 30 days of 

publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find the particular ICR by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Arlette Mussington, Information 

Collection Clearance Officer, at email: 

arlette.mussington@dot.gov or 

telephone: (571) 609–1285 or Ms. 

Joanne Swafford, Information Collection 

Clearance Officer, at email: 

joanne.swafford@dot.gov or telephone: 

(757) 897–9908. 

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 

through 1320.12. On August 25, 2023, 

FRA published a 60-day notice in the 

Federal Register soliciting public 

comment on the ICR for which it is now 

seeking OMB approval. See 88 FR 

58435. FRA has received no comments 

related to the proposed collection of 

information. 

Before OMB decides whether to 

approve this proposed collection of 

information, it must provide 30-days’ 

notice for public comment. Federal law 

requires OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30-day notice is 

published. 44 U.S.C. 3507(b)–(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes the 30-day 

notice informs the regulated community 

to file relevant comments and affords 

the agency adequate time to digest 

public comments before it renders a 

decision. 60 FR 44983, Aug. 29, 1995. 

Therefore, respondents should submit 

their respective comments to OMB 

within 30 days of publication to best 

ensure having their full effect. 

Comments are invited on the 

following ICR regarding: (1) Whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

information will have practical utility; 

(2) the accuracy of FRA’s estimates of 

the burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways to minimize the 

burden of information collection 

activities on the public, including the 

use of automated collection techniques 

or other forms of information 

technology. 

The summary below describes the ICR 

that FRA will submit for OMB clearance 

as the PRA requires: 

Title: Critical Incident Stress Plans. 

OMB Control Number: 2130–0602. 

Abstract: Under 49 CFR part 272, 

Class I, intercity passenger, and 

commuter railroads are required to 

develop, and submit to FRA for 

approval, a critical incident stress plan 


khammond on DSKJM1Z7X2PROD with NOTICES