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[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09973]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Termination of the Preparation of an Air Tour Management Plan and 
Environmental Assessment for Petrified Forest National Park, Arizona

AGENCY: Federal Aviation Administration.

ACTION: Notice of Termination of the Preparation of Air Tour Management 
Plan and Environmental Assessment.

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SUMMARY: The Federal Aviation Administration (FAA), in cooperation with 
the National Park Service (NPS), announces that it will no longer 
prepare an Air Tour Management Plan (ATMP) and Environmental Assessment 
(EA) for commercial air tour operations over Petrified Forest National 
Park in Arizona. The FAA and NPS have stopped work on preparation of 
the ATMP and EA based upon a provision included in the FAA 
Modernization and Reform Act of 2012 (Pub. L. 112-141) that exempted 
parks with 50 or fewer annual commercial air tour operations from the 
provisions of the National Parks Air Tour Management Act of 2000 
(NPATMA) (Pub. L. 106-181).

FOR FURTHER INFORMATION CONTACT: Keith Lusk, Program Manager, AWP-1SP, 
Federal Aviation Administration, Western-Pacific Region, P.O. Box 
92007, Los Angeles, California 90009-2007. Telephone: (310) 725-3808.

SUPPLEMENTARY INFORMATION: In a July 1, 2010 Federal Register notice 
(75 FR 38169), the FAA in cooperation with the National Park Service 
(NPS) provided notice of their intent to develop an EA for the ATMP at 
Petrified Forest National Park, pursuant to the National Parks Air Tour 
Management Act of 2000 (Pub. L. 106-181) and its implementing 
regulations contained in 14 CFR Part 136, Subpart B, National Parks Air 
Tour Management. The ATMP process for Petrified Forest National Park 
was initiated based on receipt of applications for operating authority 
from two existing commercial air tour operators to conduct commercial 
air tour operations over this park unit. In accordance with NPATMA and 
based on the existing level of operations at the time of the 
application, the FAA issued interim operating authority (IOA) to the 
two existing commercial air tour operators to conduct an annual total 
of 46 commercial air tours over the park until such time as an ATMP was 
developed. The FAA and NPS began preparing an EA to comply with the 
National Environmental Policy Act (Pub. L. 91-190), which requires 
Federal agencies to consider the environmental impacts associated with 
a major federal action.
    The FAA Modernization and Reform Act of 2012 (Pub. L. 112-95) 
amended various provisions of NPATMA. One provision exempted national 
park units with 50 or fewer annual commercial air tour operations from 
the requirements of NPATMA. The provision also allows the Director to 
withdraw the exemption if the Director determines that an air tour 
management plan or voluntary agreement is necessary to protect park 
resources and values or park visitor use and enjoyment. The provision 
requires FAA and NPS to jointly publish a list each year of national 
parks covered by the exemption. In addition, commercial air tour 
operators conducting commercial air tour operations over a national 
park that is exempt from the requirements of NPATMA, shall submit to 
the FAA and NPS a report each year that includes the number of 
commercial air tour operations the operator conducted during the 
preceding 1-year period over the park.
    Since there are fewer than 50 annual commercial air tour operations 
being conducted over Petrified Forest National Park and NPS is not 
withdrawing the exemption, the park is exempt from NPATMA. Therefore, 
the FAA, in cooperation with the NPS, has stopped work and discontinued 
the preparation of the ATMP and EA for Petrified Forest National Park.
    The list of units of the National Park System exempt from the 
provisions of NPATMA, which includes Petrified Forest National Park, 
was published in the Federal Register on December 19, 2012 (77 FR 
75254).

    Issued in Hawthorne, California on April 17, 2013.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2013-09973 Filed 4-26-13; 8:45 am]
BILLING CODE 4910-13-P
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