[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR136.11]

[Page 766-767]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 136--NATIONAL PARKS AIR TOUR MANAGEMENT--Table of Contents
 
Sec. 136.11  Interim operating authority.

    (a) General. Upon application for operating authority, the 
Administrator shall grant interim operating authority under this section 
to a commercial air tour operator for commercial air tour operations 
over a national park or tribal land for which the operator is an 
existing commercial air tour operator.
    (b) Requirements and limitations. Interim operating authority 
granted under this section--
    (1) Shall provide annual authorization only for the greater of--
    (i) The number of flights used by the operator to provide the 
commercial air tour operations within the 12-month period prior to April 
5, 2000; or
    (ii) The average number of flights per 12-month period used by the 
operator to provide such operations within the 36-month period prior to 
April 5, 2000, and for seasonal operations, the number of flights so 
used during the season or seasons covered by that 12-month period;
    (2) May not provide for an increase in the number of commercial air 
tour operations conducted during any time period by the commercial air 
tour operator above the number the air tour operator was originally 
granted unless such an increase is agreed to by the Administrator and 
the Director;
    (3) Shall be published in the Federal Register to provide notice and 
opportunity for comment;
    (4) May be revoked by the Administrator for cause;
    (5) Shall terminate 180 days after the date on which an air tour 
management plan is established for the park and tribal lands;
    (6) Shall promote protection of national park resources, visitor 
experiences, and tribal lands;
    (7) Shall promote safe commercial air tour operations;

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    (8) Shall promote the adoption of quiet technology, as appropriate, 
and
    (9) Shall allow for modifications of the interim operating authority 
based on experience if the modification improves protection of national 
park resources and values and of tribal lands.
    (c) New entrant operators. The Administrator, in cooperation with 
the Director, may grant interim operating authority under this paragraph 
(c) to an air tour operator for a national park or tribal lands for 
which that operator is a new entrant air tour operator if the 
Administrator determines the authority is necessary to ensure 
competition in the provision of commercial air tour operations over the 
park or tribal lands.
    (1) Limitation. The Administrator may not grant interim operating 
authority under this paragraph (c) if the Administrator determines that 
it would create a safety problem at the park or on the tribal lands, or 
if the Director determines that it would create a noise problem at the 
park or on the tribal lands.
    (2) ATMP limitation. The Administrator may grant interim operating 
authority under this paragraph (c) only if the ATMP for the park or 
tribal lands to which the application relates has not been developed 
within 24 months after April 5, 2000.