[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: 14CFR136.3]

[Page 763-764]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 136--NATIONAL PARKS AIR TOUR MANAGEMENT--Table of Contents
 
Sec. 136.3  Definitions.

    For purposes of this part--

[[Page 764]]

    (a) Commercial air tour operator means any person who conducts a 
commercial air tour operation.
    (b) Existing commercial air tour operator means a commercial air 
tour operator that was actively engaged in the business of providing 
commercial air tour operations over a national park at any time during 
the 12-month period ending on April 5, 2000.
    (c) New entrant commercial air tour operator means a commercial air 
tour operator that--
    (1) Applies for operating authority as a commercial air tour 
operator for a national park or tribal lands; and
    (2) Has not engaged in the business of providing commercial air tour 
operations over the national park or tribal lands for the 12-month 
period preceding enactment.
    (d) Commercial air tour operation--
    (1) Means any flight, conducted for compensation or hire in a 
powered aircraft where a purpose of the flight is sightseeing over a 
national park, within \1/2\ mile outside the boundary of any national 
park, or over tribal lands, during which the aircraft flies--
    (i) Below 5,000 feet above ground level (except for the purpose of 
takeoff or landing, or as necessary for the safe operation of an 
aircraft as determined under the rules and regulations of the Federal 
Aviation Administration requiring the pilot-in-command to take action to 
ensure the safe operation of the aircraft);
    (ii) Less than 1 mile laterally from any geographic feature within 
the park (unless more than \1/2\ mile outside the boundary); or
    (iii) Except as provided in Sec. 136.5.
    (2) The Administrator may consider the following factors in 
determining whether a flight is a commercial air tour operation for 
purposes of this part--
    (i) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (ii) Whether a narrative that referred to areas or points of 
interest on the surface below the route of the flight was provided by 
the person offering the flight;
    (iii) The area of operation;
    (iv) The frequency of flights conducted by the person offering the 
flight;
    (v) The route of flight;
    (vi) The inclusion of sightseeing flights as part of any travel 
arrangement package offered by the person offering the flight;
    (vii) Whether the flight would have been canceled based on poor 
visibility of the surface below the route of the flight; and
    (viii) Any other factors that the Administrator and Director 
consider appropriate.
    (3) For purposes of Sec. 136.5, means any flight conducted for 
compensation or hire in a powered aircraft where a purpose of the flight 
is sightseeing over a national park.
    (e) National park means any unit of the national park system. (See 
title 16 of the U.S. Code, section 1, et seq.)
    (f) Tribal lands means that portion of Indian country (as that term 
is defined in section 1151 of title 18 of the U.S. Code) that is within 
or abutting a national park.
    (g) Administrator means the Administrator of the Federal Aviation 
Administration.
    (h) Director means the Director of the National Park Service.
    (i) Superintendent means the duly appointed representative of the 
National Park Service for a particular unit of the national park system.