[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Page 34368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13368]



[[Page 34367]]

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Part VII





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 91



National Parks Air Tour Management; Final Rule

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules 
and Regulations

[[Page 34368]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91


National Parks Air Tour Management

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of statutory requirement.

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SUMMARY: The FAA publishes this document to inform commercial air tour 
operators of recent legislation that affects them. The National Parks 
Air Tour Management act of 2000, part of Public Law 106-181, was signed 
into law on April 5, 2000. The Act requires operators who conduct 
commercial air tours under Part 92 over national parks, tribal lands 
within such parks, or tribal lands abutting such parks to apply to the 
FAA to obtain a certificate under Part 119, Part 121, or Part 135 to 
continue these commercial air tour operators. Excluded from this law 
are parks in Alaska and Grand Canyon national Park and Rocky Mountain 
National Park. The FAA publishes this document to assist commercial air 
tour operators, who conduct some air torus under Part 91, in meeting 
the requirements of the public law.

DATES: By July 5, 2000, commercial air tour operators conducting air 
tours 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.

ADDRESSES: Part 92 operators conducting commercial air tours must apply 
for certification to the Flight Standards District Office (FSD) which 
is located in the geographic area of the operator's principal business 
office.

FOR FURTHER INFORMATION CONTACT: Howard Nesbitt, Flight Standards 
Service (AFS-200), Federal Aviation Administration, Seventh and 
Maryland Streets, SW, Washington, DC 20591; Telephone: (202) 493-4981. 
Readers who wish more information on national park unit should visit 
the National Park Service's web at http://nps.gov/ or call Howie 
Thompson, National Park Service at (303) 969-2461.

SUPPLEMENTARY INFORMATION:

Background

    There are currently 379 units of the National Park System in the 
United States. The National Park System is defined as any area of land 
and water administered by the Secretary of the Interior through the 
National Park Service for park, monument, historic, parkway, 
recreational, or other purposes. For purposes of the National Parks Air 
Tour Management Act of 2000, the term ``national park'' includes all of 
these types, but does not include other lands under National Park 
Service control that are not specifically designated as units of the 
National Park System.
    In May 1997 the Secretaries of Interior and Transportation 
established the National Parks Overflights Working Group (NPOWG) to 
``define the process to reduce or prevent the adverse effects of 
commercial sightseeing flight over units of the national park system.'' 
The NPOWG met from May 1997 until November 1997 and produced a 
recommendation for rulemaking for the FAA and National Park Service 
(NPS) to use in drafting a proposed regulation.
    Subsequently, the Congress accepted the recommendation that it 
enact legislation based on the NPOWG's consensus product. The 
legislation requires that the two agencies work in a cooperative effort 
to protect the parks.

Operators Conducting Commercial Air Tour Operation Under Part 91

    Public Law 106-181, commonly known as the FAA Reauthorization Act, 
was signed into law on April 5, 2000. Section 803(a) of the FAA 
Reauthorization Act added Section 40128 to Title 49 of the United 
States Code. Section 40128(a)(4) of Title 49 of the U.S. Code requires 
that air tour operators conducting air tour operations under Part 91 
(14 CFR Part 91) apply for operating authority under Parts 119, 121, or 
135 (14 CFR Parts 119, 121, 135) within 90 days after date of 
enactment. However, paragraph (a)(3) allows commercial air tour 
operators to continue operating over parks under Park 91 if such 
activity is permitted under Part 119, the operator secures a letter of 
agreement from the Administrator and the national park superintendent 
for that particular park, and the total number of operations under this 
exception is limited to not more than 5 flights in any 30-day period. 
Note that this exception limits the ``total number of operations * * * 
to not more than 5 flights in any 30-day period over a particular 
park''. Since Sec. 119.1(e)(2) of Title 14 of the Code of Federal 
Regulations, which allows sightseeing flights within a 25-mile radius 
of an airport to be conducted under Part 91, is still in effect, it 
would apply to these operators. Operators will be allowed to continue 
to operate over parks and tribal lands if the conditions of 49 U.S.C. 
Section 40128(a)(3) are met. Commercial air tour operators who conduct 
air tour flights under Part 91 must apply for certification under Part 
119, 121, or 135 unless they wish to continue to operate in compliance 
with requirements of (a)(3).
    The FAA understands that an operator will not be able to obtain a 
certificate in 90 days Operators should contact their local FSDO for 
information on certification as an air carrier or commercial operator, 
in addition to applying for a letter of agreement to operate in the 
interim. Application may be initiated by phone or facsimile.

Next Actions

    The FAA realizes that additional regulations will be needed to 
establish the altitude by which a commercial air tour operation will be 
defined. (See 49 U.S.C. 40128(f)(4)(A).) Additional rulemaking will be 
necessary to establish the competitive bidding process for limited 
capacity parks. (See 49 U.S.C. Sec. 40128(a)(1)(B).) Congress required 
the Administrator, in cooperation with the Director of the NPS, to 
consider several factors in making selections under a competitive 
bidding process, including quiet technology issues.
    Additional rulemaking will also address interim operating authority 
for commercial air tour operators conducting air tour operations under 
Part 121 or Part 135.
    Because Public Law 106-181 is now in effect, the FAA intends to 
issue a notice of proposed rulemaking to propose the minimum altitude 
which would complete the statutory definition of a ``commercial air 
tour operation.'' See 49 U.S.C. Section 40128(f)(4)(A)(i).

    Issued in Washington, DC on May 11, 2000.
L. Nicholas Lacey,
Director, Flight Standards Service.
[FR Doc. 00-13368 Filed 5-24-00; 10:58 am]
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