Section 136.33

14 CFR Ch. I (1-1-19 Edition)

(3) Any area within one-half mile
outside the boundary of any unit of the
national park system.
(c) This subpart does not apply to a
commercial air tour operator conducting a commercial air tour operation - 
(1) Over the Grand Canyon National
Park;
(2) Over that portion of tribal lands
within or abutting the Grand Canyon
National Park;
(3) Over any land or waters located in
the State of Alaska; or
(4) While flying over or near the Lake
Mead Recreation Area, solely as a
transportation route, to conduct a
commercial air tour over the Grand
Canyon National Park.
[Doc. No. FAA-2001-8690, 67 FR 65667, Oct. 25,
2002. Redesignated and amended by Amdt.
136-1, 72 FR 6912, Feb. 13, 2007]

Section 136.33 Definitions.
For purposes of this subpart - 
(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 Section 136.35.
(2) The Administrator may consider
the following factors in determining
whether a flight is a commercial air
tour operation for purposes of this subpart - 
(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 Section 136.35, 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

542

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00552

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048