[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: 14CFR136.7]

[Page 764-765]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 136--NATIONAL PARKS AIR TOUR MANAGEMENT--Table of Contents
 
Sec. 136.7  Overflights of national parks and tribal lands.

    (a) General. A commercial air tour operator may not conduct 
commercial air tour operations over a national park or tribal land 
except--
    (1) In accordance with this section;
    (2) In accordance with conditions and limitations prescribed for 
that operator by the Administrator; and
    (3) In accordance with any applicable air tour management plan for 
the park or tribal lands.

[[Page 765]]

    (b) Application for operating authority. Before commencing 
commercial air tour operations over a national park or tribal lands, a 
commercial air tour operator shall apply to the Administrator for 
authority to conduct the operations over the park or tribal lands.
    (c) Number of operations authorized. In determining the number of 
authorizations to issue to provide commercial air tour operations over a 
national park, the Administrator, in cooperation with the Director, 
shall take into consideration the provisions of the air tour management 
plan, the number of existing commercial air tour operators and current 
level of service and equipment provided by any such operators, and the 
financial viability of each commercial air tour operation.
    (d) Cooperation with National Park Service. Before granting an 
application under this part, the Administrator, in cooperation with the 
Director, shall develop an air tour management plan in accordance with 
Sec. 136.9 and implement such a plan.
    (e) Time limit on response to applications. Every effort will be 
made to act on any application under this part and issue a decision on 
the application not later than 24 months after it is received or 
amended.
    (f) Priority. In acting on applications under this paragraph to 
provide commercial air tour operations over a national park, the 
Administrator shall give priority to an application under this paragraph 
in any case where a new entrant commercial air tour operator is seeking 
operating authority with respect to that national park.
    (g) Exception. Notwithstanding this section, commercial air tour 
operators may conduct commercial air tour operations over a national 
park under part 91 of this chapter if--
    (1) Such activity is permitted under part 119 of this chapter;
    (2) The operator secures a letter of agreement from the 
Administrator and the Superintendent for that park describing the 
conditions under which the operations will be conducted; and
    (3) The number of operations under this exception is limited to not 
more than a total of 5 flights by all operators in any 30-day period 
over a particular park.
    (h) Special rule for safety requirement. Notwithstanding 
Sec. 136.11, an existing commercial air tour operator shall apply, not 
later than January 23, 2003 for operating authority under part 119 of 
this chapter, for certification under part 121 or part 135 of this 
chapter. A new entrant commercial air tour operator shall apply for such 
authority before conducting commercial air tour operations over a 
national park or tribal lands that are within or abut a national park. 
The Administrator shall make every effort to act on such application for 
a new entrant and issue a decision on the application not later than 24 
months after it is received or amended.