kpayne on VMOFRWIN702 with $$_JOB

Federal Aviation Administration, DOT

Section 93.321

number of commercial air tours conducted by the certificate holder and reported to the FAA during the period
beginning on May 1, 1997 and ending on
April 30, 1998, unless excepted under
paragraph (g).
(c) Certificate holders who conducted
commercial air tours during the base
year and reported them to the FAA receive an initial allocation.
(d) A certificate holder must use one
allocation for each flight that is a commercial air tour, unless excepted under
paragraph (f) or (g) of this section.
(e) Each certificate holder-s operation specifications will identify the
following information, as applicable:
(1) Total SFRA allocations; and
(2) Dragon corridor and Zuni Point
corridor allocations.
(f) Certificate holders satisfying the
requirements of Section 93.315 of this subpart
are not required to use a commercial
air tour allocation for each commercial
air tour flight in the GCNP SFRA provided the following conditions are satisfied:
(1) The certificate holder conducts its
operations in conformance with the
routes and airspace authorizations as
specified in its Grand Canyon National
Park Special Flight Rules Area operations specifications;
(2) The certificate holder must have
executed a written contract with the
Hualapai Indian Nation which grants
the certificate holder a trespass permit
and specifies the maximum number of
flights to be permitted to land at
Grand Canyon West Airport and at
other sites located in the vicinity of
that airport and operates in compliance with that contract; and
(3) The certificate holder must have a
valid operations specification that authorizes the certificate holder to conduct the operations specified in the
contract with the Hualapai Indian Nation and specifically approves the number of operations that may transit the
Grand Canyon National Park Special
Flight Rules Area under this exception.
(g) Certificate holders conducting
commercial air tours at or above 14,500
feet MSL but below 18,000 feet MSL
who did not receive initial allocations
in 1999 because they were not required
to report during the base year may operate without an allocation when con-

ducting air tours at those altitudes.
Certificate holders conducting commercial air tours in the area affected
by the eastward shift of the SFRA who
did not receive initial allocations in
1999 because they were not required to
report during the base year may continue to operate on the specified routes
without an allocation in the area
bounded by longitude line 111 degrees
42 minutes east and longitude line 111
degrees 36 minutes east. This exception
does not include operation in the Zuni
Point corridor.
[65 FR 17732, Apr. 4, 2000]

Section 93.321 Transfer and termination of
allocations.
(a) Allocations are not a property interest; they are an operating privilege
subject to absolute FAA control.
(b) Allocations are subject to the following conditions:
(1) The Administrator will re-authorize and re-distribute allocations no earlier than two years from the effective
date of this rule.
(2) Allocations that are held by the
FAA at the time of reallocation may be
distributed among remaining certificate holders, proportionate to the size
of each certificate holder-s allocation.
(3) The aggregate SFRA allocations
will not exceed the number of operations reported to the FAA for the base
year beginning on May 1, 1997 and ending on April 30, 1998, except as adjusted
to incorporate operations occurring for
the base year of April 1, 2000 and ending on March 31, 2001, that operate at
or above 14,500 feet MSL and below
18,000 feet MSL and operations in the
area affected by the eastward shift of
the SFRA bounded by longitude line
111 degrees 42 minutes east to longitude 111 degrees 36 minutes east.
(4) Allocations may be transferred
among Part 135 or Part 121 certificate
holders, subject to all of the following:
(i) Such transactions are subject to
all other applicable requirements of
this chapter.
(ii) Allocations authorizing commercial air tours outside the Dragon and
Zuni Point corridors may not be transferred into the Dragon and Zuni Point
corridors. Allocations authorizing commercial air tours within the Dragon

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