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Federal Register/Vol. 70, No. 120/Thursday, June 23, 2005/Notices

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Federal Register/Vol. 70, No. 120/Thursday, June 23, 2005/Notices 36456 Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Notices Date Filed June 10, 2005. name of Polar Air Cargo, Inc. and re- telephone (202) 385–4510; e-mail Parties Members of the International issue all certificates and exemptions [email protected]. Air Transport Association. held by Polar in the form of ‘‘Polar Air SUPPLEMENTARY INFORMATION: On Subject PTC31 SOUTH 0177 dated 6 Cargo, Inc. d/b/a Atlas Air and d/b/a October 25, 2002, the FAA published a June 2005. TC31 South Pacific Polar Air Cargo,’’ effective as of the final rule in 14 CFR part 136, National Resolutions except between French consummation of the operational merger Parks Air Tour Management (67 FR Polynesia, New Caledonia, New Zealand of Atlas into Polar, expected to occur in 65662), pursuant to the mandates and USA r1-r35. PTC31 SOUTH 0178 January 2006. specified in the Act, enacted on April 5, dated 6 June 2005. TC31 South Pacific Docket Number: OST–2005–21533. 2000. This final rule (part 136) Resolutions between French Polynesia, Date Filed: June 10, 2005. completed the definition of New Caledonia, New Zealand and USA Due Date for Answers, Conforming ‘‘commercial air tour operation’’ by r36-r51. Minutes: PTC31 SOUTH 0179 Applications, or Motion To Modify establishing the altitude (5,000 feet dated 9 June 2005. Tables: PTC31 Scope: July 1, 2005. above ground level) below which an SOUTH Fares 0040 dated 6 June 2005. Description: Application of operator flying over a national park for Intended effective date: 1 October 2005. Friendship Airways, Inc. d/b/a Yellow the purpose of sightseeing would be Air Taxi, requesting issuance of Docket Number OST–2005–21516. classified as a commercial air tour commuter air carrier authority to enable Date Filed June 10, 2005. operator. The rule also codified Parties Members of the International Yellow Air Taxi to engage in interstate provisions of the Act. In accordance Air Transport Association. and foreign scheduled air transportation with 14 CFR 136.7(b), before Subject MAIL VOTE NUMBER S 082. operations utilizing small aircraft. RP 1720a–013 Digit Numbering System commencing commercial air tour Renee V. Wright, for Traffic. Documents Form Code for operations over a unit of the national Virtual Multiple Purpose Document Acting Program Manager, Docket Operations, park system or tribal lands within or Alternate Federal Register Liaison. (vMPD). Intended effective date: 1 July abutting a national park, a commercial 2005. [FR Doc. 05–12429 Filed 6–22–05; 8:45 am] air tour operator is required to apply to BILLING CODE 4910–62–P the Administrator for authority to Renee V. Wright, conduct the operations over the park or Acting Program Manager, Docket Operations, tribal lands. Title 14 CFR 136.11(a) Alternate Federal Register Liaison. DEPARTMENT OF TRANSPORTATION states that: ‘‘Upon application for [FR Doc. 05–12430 Filed 6–22–05; 8:45 am] operating authority, the Administrator Federal Aviation Administration BILLING CODE 4910–62–P shall grant interim operating authority Notice of Interim Operating Authority under this section to a commercial air Granted to Commercial Air Tour tour operator for commercial air tour DEPARTMENT OF TRANSPORTATION Operators Over National Parks and operations over a national park or tribal land for which the operator is an Office of the Secretary Tribal Lands Within or Abutting National Parks existing commercial air tour operator.’’ Consistent with the Act, 14 CFR Notice of Applications for Certificates AGENCY: Federal Aviation 136.11(b)(3) also states that IOA granted of Public Convenience and Necessity Administration, DOT. under that section would be published and Foreign Air Carrier Permits Filed ACTION: in the Federal Register to provide notice Under Subpart B (Formerly Subpart Q) Notice. and opportunity for comment. During the Week Ending June 10, 2005 SUMMARY: On October 25, 2002, the Prior to issuing this notice, the FAA The following Applications for Federal Aviation Administration (FAA) became aware that there may have been Certificates of Public Convenience and published the final rule for Title 14, some errors in the number of Necessity and Foreign Air Carrier Code of Federal Regulations (14 CFR) commercial air tours initially reported Permits were filed under Subpart B part 136, National Parks Air Tour and received. There are several reasons (formerly Subpart Q) of the Department Management (67 FR 65662). The rule why these errors could have occurred, of Transportation’s Procedural became effective on January 23, 2003. such as (1) Operators were not required Regulations (See 14 CFR 301.201 et On January 27, 2005, the FAA published to keep records of the number of seq.). The due date for Answers, a notice of opportunity for commercial commercial air tours conducted over Conforming Applications, or Motions to air tour operators granted interim national parks prior to the adoption of Modify Scope are set forth below for operating authority (IOA) under the the Act; (2) there was a 21⁄2 year time each application. Following the Answer National Parks Air Tour Management lapse between the passage of the Act period DOT may process the application Act of 2000 (the Act) to review and self- and the effective date of the part 136 by expedited procedures. Such correct annual authorizations (70 FR rule; and (3) there appeared to have procedures may consist of the adoption 3972). based on the responses to that been confusion over how to initially of a show-cause order, a tentative order, notice, the FAA made some corrections report information, especially for or in appropriate cases a final order to interim operating authority. The Act operators flying over more than one without further proceedings. also requires the interim operating park. The FAA understood that Docket Number: OST–2005–21445. authority granted under the Act to be operators should have requested and Date Filed: June 6, 2005. published in the Federal Register for received IOA that reflects the actual Due Date for Answers, Conforming notice and the opportunity for number of commercial air tours that Applications, or Motion to Modify comment. This notice fulfills that were conducted during the relevant Scope: June 27, 2005. statutory requirement. time period set forth in the statute and Description: Joint Application of Atlas FOR FURTHER INFORMATION CONTACT: the rule and that every effort should be Air Worldwide Holdings, Inc., Atlas Air, Gene Kirkendall, Flight Standards made to standardize the counting of Inc. and Polar Air Cargo, Inc., requesting Service, Federal Aviation flights requiring IOA. the Department commence registration Administration, 800 Independence Consequently, the FAA provided an of ‘‘Atlas Air’’ as an additional trade Ave., SW., Washington, DC 20591; opportunity for air tour operators to VerDate jul<14>2003 18:40 Jun 22, 2005 Jkt 205001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1 Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Notices 36457 review and correct, if necessary, their commercial air tour operations within tied to the initial granting of IOA. See annual authorizations. Specifically, on the 12-month period prior to the date of 49 U.S.C. 40128(c)(2)(F)–(H). January 27, 2005, the FAA published the Act’s enactment; or (2) the average In consultation with the NPS, and ‘‘Notice of Opportunity To Self-Correct number of flights per 12-month period Native American tribes as appropriate, Annual Authorizations for Commercial used by the operator to provide such the FAA will monitor impacts of Air Tour Operators Over National Parks operations within the 36-month period authorized commercial air tour and Tribal Lands Within or Abutting prior to the Act’s enactment, and, for operations on park resources, visitor National Parks’’ (70 FR 3972). This seasonal operations, the number of experiences, and tribal lands within or notice informed all operators of the self- flights so used during the season or abutting a unit of the national park correcting process and the rules to seasons covered by that 12-month system. Consistent with the statutory follow in counting air tours over parks. period, 49 U.S.C. 40128(c)(2)(A); 14 CFR term ‘‘promote,’’ as used in 49 U.S.C. Individual notices were also sent by first 136.11(b)(1). Any increase in the 40128(c)(2)(F)–(H), the FAA will class mail to all operators who initially authorized number of operations under support appropriate voluntary measures reported their number of annual IOA must be agreed to by the FAA and to address specific concerns raised by commercial air tour operations. The the NPS, 49 U.S.C. 40128(c)(2)(B); 14 the NPS, or in the case of tribal lands, deadline for completing this review and CFR 136.11(b)(2). The Act and part 136 Native American tribes, regarding self-correction was February 21, 2005. also provide that IOA: (1) May be impacts from commercial air tour In response to this self-correction revoked by the Administrator of the operations conducted under IOA. As process, the FAA received 19 responses FAA for cause; (2) shall terminate 180 noted above, the Act also allows for from commercial air tour operators. Six days after the date on which an ATMP modification of IOA based on operators reported no change in their is established for the park or tribal experience if the modification improves original reported numbers; three lands; (3) shall promote protection of protection of national park resources included national parks and/or tribal national park resources, visitor and values and of tribal lands, 49 U.S.C. lands that were unintentionally not experiences, and tribal lands; (4) shall 40128(c)(2)(I). listed; three decreased their total annual promote safe commercial air tour Regarding the promotion of safe numbers due to re-examination of their operations; (5) shall promote the commercial air tour operations, the FAA flight paths that were originally thought adoption of quiet technology, as will continue to address safety issues in to penetrate a national park or tribal appropriate; and (6) shall allow for parks covered by IOA in a manner lands; and seven reported errors made modifications of the IOA based on consistent with existing regulations.
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