Subject: COMMERCIAL AIR TOUR OPERATIONS 

CONDUCTED OVER NATIONAL PARKS 

AND TRIBAL LANDS

Date: 10/25/02

Initiated By: AFS-200

AC No: 136-1

Change:

1. PURPOSE. This Advisory Circular (AC) contains information, directions, and procedures 

for obtaining operating authority for commercial air tour operations over national parks and 

tribal lands. Because this AC covers several types of operating authority, operators should read 

the entire AC before beginning actions to obtain operating authority over a particular park. 

2. EFFECTIVE DATE. October 25, 2002. 

3. DEFINITIONS. 

a. Administrator. The Federal Aviation Administrator or any person to whom the 

Administrator has delegated authority in the matter concerned. 

b. Commercial Air Tour Operation. 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: 

(1) Below 5,000 feet above ground level (except solely for the purposes of takeoff or 

landing, or necessary for safe operation of an aircraft as determined under the rules and 

regulations of the Federal Aviation Administration (FAA) requiring the pilot in command (PIC)

to take action to ensure the safe operation of the aircraft); or 

(2) Less than 1 mile laterally from any geographic feature within the park (unless more

than 1⁄2-mile outside the boundary). 

(3) In making a determination of whether a flight is a commercial air tour operation for

purposes of this section, the Administrator may consider: 

(a) Whether there was a holding out to the public of willingness to conduct a 

sightseeing flight for compensation or hire; 

(b) 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; 
AC 136-1 10/25/02 

(c) The area of operation; 

(d) The frequency of flights conducted by the person offering the flight; 

(e) The route of the flight; 

(f) The inclusion of sightseeing flights as part of any travel arrangement package 

offered by the person offering the flight; 

(g) Whether the flight would have been canceled based on poor visibility of the 

surface below the route of the flight; and 

(h) Any other factors that the Administrator and the Director of the National Park 

Service (NPS) consider appropriate. 

c. Commercial Air Tour Operator. Any person who conducts a commercial air tour 

operation. 

d. Director. The Director of the National Park Service. 

e. Existing Commercial Air Tour Operator (existing operator). 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 the date of enactment of

the National Parks Air Tour Management Act of 2000 (i.e., April 5, 2000). 

f. New Entrant Commercial Air Tour Operator (new entrant). A commercial air tour

operator that applies for operating authority (OA) as a commercial air tour operator for a national 

park or tribal lands and has not engaged in the business of providing commercial air tour

operations over the national park or tribal lands in the 12-month period ending on the date of 

enactment of the National Parks Air Tour Management Act of 2000 (i.e., April 5, 2000). 

g. National Park. Any unit of the National Park system. 

h. Tribal Lands. That portion of Indian Country (as defined in Title 18 United States Code 

(USC) Section 1151) that is within or abutting a national park (see explanation of terms). 

4. ACRONYMS AND EXPLANATION OF TERMS. 

a. ATMP. Air Tour Management Plan. 

b. Certificate Holding District Office (CHDO). The FAA Flight Standards District Office 

(FSDO) that has responsibility for administering the certificate and is charged with the overall 

inspection of the certificate holder’s operations (14 CFR part 119, section 119.3). 

c. FAA. The Federal Aviation Administration. 

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10/25/02 AC 136-1 

d. IOA. Interim Operating Authority issued by the FAA. 

e. LOA. Letter of Agreement signed by the FAA and NPS. 

f. NPS. The National Park Service.

g. OA. Operating Authority issued by the FAA. 

5. GENERAL.

a. The National Parks Air Tour Management Act of 2000 (The Act) was signed into law on 

April 5, 2000. The Act applies to any person who conducts a commercial air tour operation over 

a unit of the National Park system, over tribal lands that are within or abutting a unit of the

National Park system, or any area within 1⁄2-mile outside a unit of the National Park system. The

Act specifically excludes the Grand Canyon National Park, tribal lands within or abutting Grand 

Canyon National Park, parks or tribal lands located in the state of Alaska, and flights conducted 

by a commercial air tour operator over or near the Lake Meade National Recreation Area solely

as a transportation route to conduct an air tour over Grand Canyon National Park. The Act 

expressly prohibits commercial air tour operations over the Rocky Mountain National Park, 

regardless of altitude. The regulations codifying the National Parks Air Tour Management Act 

of 2000 may be found in 14 CFR part 136. 

b. The Act requires all persons operating or intending to operate a commercial air tour

operation to apply to the FAA for authority to conduct such activity. The Act further requires the 

FAA and NPS to develop an Air Tour Management Plan (ATMP) for each unit of the National

Park system or tribal land that does not have a plan in effect at the time a person applies for

authority to conduct such an operation. The ATMP will provide acceptable and effective 

measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour

operations upon natural and cultural resources, visitor experiences, and tribal lands. 

c. The Act provides a limited exception to the ATMP and OA requirements for operators. 

Under this exception, existing and new entrant operators may conduct commercial air tour 

operations under 14 CFR part 91 if (1) such activity is permitted under section 119.1 of 14 CFR 

and (2) the operator secures an LOA from the Administrator and the National Park

Superintendent for that national park or tribal land describing the conditions under which the 

operations will be conducted. The number of operations permitted under this exception is 

limited to not more than a total of 5 flights in any 30-day period over a particular park for ALL

LOA operators. 

d. Commercial air tour operators conducting commercial air tour operations over national

parks or tribal lands under part 91 must apply to the FAA for certification as an air carrier or 

commercial operator under part 119 unless excepted. For more information about the 

requirements for part 91 air tour operators, see the National Parks Air Tour Management Final 

Rule (67 FR 65662, October 25, 2002) at: www.atmp.faa.gov. 

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AC 136-1 10/25/02 

6. OVERVIEW OF THE FIVE-PHASE OPERATING AUTHORITY APPROVAL

PROCESS. Before commencing commercial air tour operations over a national park or tribal 

lands, a commercial air tour operator must apply to the Administrator for OA to conduct those 

operations. After submission of a statutorily complete application, the FAA will issue IOA to 

existing operators to allow them to continue commercial air tour operations while the ATMP for

the affected park unit is developed. The submission of an application triggers the FAA and the 

NPS to initiate development of the ATMP. The OA process consists of the five-phase FAA 

certification process resulting in the approval, modification, or rejection of an operator’s 

application for OA. 

a. Phase I: Notification. The OA process begins with the publication of part 136 or when 

an existing or potential operator inquires about authority to conduct commercial air tour 

operations over a national park unit or tribal land in accordance with the Act and part 136. 

During this phase, operators are informed of the steps that they need to take in order to apply for 

OA. This AC is part of Phase I.

b. Phase II: Application. The second phase typically begins when an operator submits a 

statutorily complete OA application to the FAA. The submission of an OA application by an 

operator triggers the next two phases: IOA and the development of an ATMP. 

c. Phase III: Interim Operating Authority (IOA). The FAA will issue IOA, in 

accordance with the Act, to existing operators that apply for OA using the information contained 

in the OA application. Under the Act, an existing operator is limited to the greater of the number 

of commercial air tour operations conducted by that operator within the 12-month period 

preceding enactment of the Act (April 5, 2000) or the average number of commercial air tour 

operations conducted by that operator per 12-month period for the 36 months preceding April 5, 

2000. For seasonal operations, the authorization is equal to the number of commercial air tour 

operations conducted by that operator during the season or seasons covered by the 12-month 

period preceding enactment. Operators may use the period April 1, 1999, through March 31, 

2000, as a practical matter to ease the recordkeeping burden. In general, IOA is only for existing

operators; new entrants may receive IOA only if certain conditions are satisfied, as described in 

paragraph 8. IOA is detailed in paragraph 12. 

d. Phase IV: ATMP Development. Once an OA application is filed, the FAA, in 

cooperation with the NPS, initiates the process of developing an ATMP for a national park unit 

or abutting tribal land. The ATMP development phase includes a detailed analysis, review, and 

evaluation of all OA application(s) received and the performance of an environmental analysis

under the National Environmental Policy Act of 1969 (NEPA). The ATMP process is a public 

process that involves at least one public meeting with interested parties, and requires that the 

proposed plan be published in the Federal Register with an opportunity for public comment. The 

process ends with the publication of the final ATMP and the signing of the ATMP environmental 

decision document and record of decision by the FAA and the NPS. 

e. Phase V: Operating Authority. The fifth phase involves the creation of the 

administrative documents or procedures necessary to implement the rules developed in the 

ATMP. These documents and procedures potentially include flight procedures, weather, 

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10/25/02 AC 136-1 

altitudes, training, entry and exit locations, routes, and sightseeing locations. This phase is 

completed when the FAA issues OA, including operation specifications, to conduct commercial 

air tour operations over a national park or abutting tribal land. 

7. OPERATING AUTHORITY APPLICATIONS. Operators are responsible for submitting

their OA applications by the effective date of part 136. An OA application must contain the 

following information: 

a. Name, mailing addresses, and phone numbers of the company.

b. Address of principal base where operations will be conducted. 

c. The proposed start-up date (for new entrants). 

d. Company certificate number if the applicant is a certificated operator. 

e. Management personnel names, titles, and telephone numbers. 

f. Part 91 status; 14 CFR part 135 single pilot, basic, full, or commuter operator status; or 

14 CFR part 121 operator status. 

g. Type and number of aircraft to be used for the commercial air tour operations. 

h. The national park(s) and/or tribal land(s) over which the operator will conduct 

commercial air tour operations. 

i. Any additional information that might provide the FAA with a better understanding of the 

proposed operation (e.g., proposed or actual routes, altitudes, frequency of flights, time of flights, 

etc.). 

j. The safety history of the operator. 

k. For existing operators, the greater of: 

(1) The number of commercial air tour operations conducted by that operator within the 

12-month period preceding April 5, 2000, or from April 1, 1999, through March 31, 2000; 

(2) The average number of commercial air tour operations conducted by that operator per 

12-month period for the 36 months preceding April 5, 2000, or from April 1, 1997, through 

March 31, 2000; or 

(3) For seasonal operations, the number of commercial air tour operations conducted by

that operator during the season or seasons covered by the 12-month period preceding April 5, 

2000, or from April 1, 1999, through March 31, 2000. 

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AC 136-1 10/25/02 

l. Optional Data To Support ATMP Development. Existing operators and new entrants 

are encouraged to provide the following information in their OA application as it may aid in the

ATMP development process. Operators may elect to submit this data as a group in order to 

reduce duplication of effort. The optional data consists of the following: 

(1) The economic benefits of the operator’s commercial air tour operations to the park 

and community. 

(2) Impact of any potential restrictions on an operator’s commercial air tour operations. 

(3) The advantages of the operator’s air tours for its customers and the national parks 

and/or tribal lands they visit. 

(4) The number of air tour visitors the operator serves on an annual or seasonal basis. 

(5) Any other data that supports commercial air tour operations over the national park 

and/or tribal lands. 

m. Other Appropriate Information. Other appropriate information as may be requested 

by the FAA. 

n. Evidence of Previous Air Tour Activity. The FSDO may request additional evidence 

verifying that the existing operator conducted commercial air tour operations at a national park 

unit or tribal land within the specified time period. The information in the application should be 

sufficient evidence, assuming the following:

(1) The average number of commercial air tour operations indicated is consistent with 

the size of the operation (i.e., the number of aircraft and pilots identified by the operator supports 

the stated number of air tour flights). 

(2) Any other records, such as the record of overflight or fees paid, are consistent with 

the stated number of commercial air tour operations (applicable only where such fees are 

collected). 

8. NEW ENTRANT IOA EXCEPTION. After application for OA, a new entrant may receive 

IOA only if all of the following are true: 

a. The Administrator determines that IOA is necessary to ensure competition in the

provision of commercial air tour operations over the park or tribal lands. 

b. No ATMP has been developed for the park involved by April 5, 2002. 

c. The Administrator has not determined that granting IOA would create a safety problem at

the park or on tribal lands. 

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10/25/02 AC 136-1 

d. The Director has not determined that granting IOA would create a noise problem at the 

park or tribal lands. 

9. APPLICATION PROCEDURE FOR OPERATING AUTHORITY. 

a. Contents. The application package must include an original and two copies of the 

complete OA application, if applying by mail, courier, or fax (only an original will need to be 

submitted if applying by e-mail). 

b. Where To Submit. Certificated operators must submit applications for OA to the

operator’s CHDO if conducting commercial air tour operations within the District Office 

boundaries; otherwise, submit applications to the FSDO in which the park or tribal lands is 

located. Part 91 operators must submit applications to the District Office in which the park or

tribal lands are located. 

c. Review Of Application. The applicant should remain in contact with the FSDO during

the entire review process to expedite clarification of issues and amendment of the application, as 

necessary. Existing operators that do not submit a statutorily complete application prior to the

effective date of the final rule must cease commercial air tour operations over national park units

and tribal lands when the final rule becomes effective.

d. Commercial Air Tour Operations During Application. Existing operators who submit 

statutorily complete applications prior to the effective date of the final rule may continue

conducting commercial air tour operations while the FSDO processes IOA, unless otherwise 

directed by the FAA to cease operations. 

10. INCOMPLETE APPLICATIONS. If an application is not statutorily complete, the 

reasons will be described to the applicant by letter. The OA application will be returned to the

operator with a copy retained by the FAA for future reference should the operator reapply. An 

application is statutorily complete if all mandatory information is present. Information is 

mandatory if it is required by law. 

11. FAILURE TO APPLY. After the effective date of the final rule, existing operators who 

did not apply for OA are prohibited by the Act from conducting commercial air tour operations. 

12. INTERIM OPERATING AUTHORITY. After an existing operator submits a statutorily

complete application for OA, the Administrator will grant IOA to that operator to conduct 

commercial air tour operations over a national park or tribal lands. The commercial air tour 

operator will be limited to the number of commercial air tour operations conducted by that 

operator in the 12 months preceding enactment (April 5, 2000) or between April 1, 1999, and 

March 31, 2000, or the average number of commercial air tour operations conducted by that 

operator per 12-month period preceding April 5, 2000, within the period April 1, 1997, through 

March 31, 2000. For seasonal operations the commercial air tour operator will be limited to the 

number of commercial air tour operations conducted by that operator during the season or 

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seasons between the 12-month period preceding April 5, 2000, or April 1, 1999, and March 31, 

2000.1 Under the Act, IOA: 

a. May not provide for an increase in the number of commercial air tour operations 

conducted during any of the time periods above the number that the air tour operator was 

originally granted unless such an increase is agreed to by the Administrator and the Director;

b. Will be published in the Federal Register to provide notice and opportunity for comment; 

c. May be revoked by the Administrator for cause; 

d. Will terminate 180 days after the date on which an air tour management plan is 

established for the park or tribal lands; 

e. Will promote protection of national park resources, visitor experiences, and tribal lands; 

f. Will promote safe commercial air tour operations; 

g. Will promote the adoption of quiet technology, as appropriate, and 

h. Will allow for modifications of the IOA based on experience if the modification improves 

protection of national park resources and values of tribal lands. 

i. Will be documented in an IOA approval letter and, where applicable, in IOA operation 

specifications. 

13. OPERATOR REQUESTS FOR A COMMERCIAL AIR TOUR OPERATIONS 

INCREASE. Operators granted IOA may apply for an increase in commercial air tour 

operations. 

a. Factors that will be considered for an increase in operations are:

(1) Company safety record. 

(2) Company compliance with its IOA. 

(3) Safety implications of any increase.

(4) Company aircraft with quiet technology, when defined. 

(5) Impact on the park resources, visitor experiences, and tribal lands. 

(6) Indication that any required overflight payments to a park are made in an accurate

and timely manner.

 1

 For practical purposes, operators may use the period April 1, 1999 – March 31, 2000, as the 12-month period 

preceding enactment. 

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10/25/02 AC 136-1 

b. Approval. An increase in commercial air tour operations may be approved only if agreed 

to by the Administrator and the Director. 

14. EXCEPTION TO OBTAINING OPERATING AUTHORITY. As an alternative to 

obtaining OA, part 91 operators may seek an LOA to conduct commercial air tour operations 

over national park units or tribal lands. 

a. Authorization. The FAA may grant LOA authorization to part 91 existing operators and 

part 91 new entrants excepting such operators from obtaining OA and from obtaining part 135 or 

121 certification, provided the conditions in section 119.1 and part 136 are satisfied. 

b. Where To Submit. Part 91 operators should submit requests for an LOA to the local 

FSDO where the commercial air tour operations are to be conducted. 

c. Effective Date Limitation. A part 91 existing operator must apply for an LOA or OA 

prior to the effective date of the regulations or must cease commercial air tour operations once 

the final rule adopting part 136 is effective. 

d. Application Contents. The LOA application should include at least all of the following: 

(1) Company name, mailing address, and phone numbers. 

(2) Address of the principal base where operations will be conducted. 

(3) If a new operator, the proposed startup date. 

(4) Management personnel names, titles, and telephone numbers, if applicable. 

(5) Type and number of aircraft to be used and number of flights proposed each 30-day

period. 

(6) The national parks, tribal lands, or geographic areas of intended operations. 

(7) Any additional information that provides a better understanding of the proposed 

operations. 

e. The Letter of Agreement. After coordination with the Park Superintendent, the FSDO 

may issue an LOA to the operator.

(1) Contents. The LOA contains the following provisions, as applicable: 

(a) A list of all operators covered by the LOA. 

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AC 136-1 10/25/02 

(b) A limitation on the total number of flights over the park for all operations 

conducted by all operators covered by LOAs, including that of the subject operator, to 5 flights 

in any 30-day period. 

(c) A list of sites and routes authorized. 

(d) Any altitude limitations. 

(e) Any time-of-day limitations. 

(f) Any weekly, monthly, or seasonal limitations. 

(g) A requirement that a signed log of all commercial air tour operations, with the

date of each flight, is to be received by the appropriate FSDO on October 1 of each year. 

(h) Notice that the LOA is not a property interest but rather an operating privilege

that can be modified or revoked by the FAA. 

(i) Notice that flight allocations not being used by the operator are subject to 

reallocation, and that the operator cannot transfer allocations. 

(2) Signature. The FSDO Manager and Park Superintendent sign the LOA. 

(3) Issuance. LOAs may be issued upon application. LOAs may also be amended. 

15. GRANTING OF OPERATING AUTHORITY BY A FSDO.

a. Termination of IOA. After the implementation of an ATMP, the CHDO will send a 

letter to all commercial air tour operators with IOA notifying them that their IOA will terminate

180 days after the start date of the final ATMP. 

b. Operating Authority. The CHDO will issue OA with an effective date of not later than 

180 days after completion of the ATMP. For operators conducting commercial air tour 

operations outside their CHDO boundaries, the CHDO will issue OA through the geographic 

FSDO. OA will include: 

(1) Part 135 ATMP operations specifications (OpSpecs). 

(2) Other documents that the FAA and the ATMP require for the park. 

c. Limitation. Part 91 existing operators or part 91 new entrants cannot be issued OA until 

their part 135 certification has been completed and OpSpecs based on that certification have been 

issued. 

16. CONTACT WITH THE LOCAL FSDO. The new rules represent a significant change in

the way commercial air tour operators at national parks and abutting tribal lands will be expected

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10/25/02 AC 136-1 

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to do business. It is essential that commercial air tour operators have a clear understanding of the 

documents required for application. Operators should ask their local FSDO for a copy of the 

“ATMP Procedures Manual for Operations Inspectors” to assist them in providing the necessary 

documentation. The manual contains specific details on application and processing procedures 

and sample letters and documentation. If a potential applicant is not a certificated operator, the 

operator should schedule a time at the FSDO to begin inquiry into acquiring either a part 135 or 

part 121 certificate, as appropriate. 

/s/ Louis C. Cusimano, for 

James J. Ballough 

Director, Flight Standards Service