556
14 CFR Ch. I (1–1–24 Edition)
§ 136.39
consideration the provisions of the air
tour management plan, the number of
existing commercial air tour operators
and current level of service and equip-
ment provided by any such operators,
and the financial viability of each com-
mercial air tour operation.
(d)
Cooperation with National Park
Service.
Before granting an application
under this subpart, the Administrator,
in cooperation with the Director, shall
develop an air tour management plan
in accordance with § 136.39 and imple-
ment such a plan.
(e)
Time limit on response to applica-
tions.
Every effort will be made to act
on any application under this subpart
and issue a decision on the application
not later than 24 months after it is re-
ceived or amended.
(f)
Priority.
In acting on applications
under this paragraph to provide com-
mercial air tour operations over a na-
tional 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 re-
spect to that national park.
(g)
Exception.
Notwithstanding this
section, commercial air tour operators
may conduct commercial air tour oper-
ations 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 de-
scribing 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 opera-
tors in any 30-day period over a par-
ticular park.
(h)
Special rule for safety requirement.
Notwithstanding § 136.41, 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 oper-
ator shall apply for such authority be-
fore conducting commercial air tour
operations over a national park or trib-
al lands that are within or abut a na-
tional park. The Administrator shall
make every effort to act on such appli-
cation for a new entrant and issue a de-
cision on the application not later than
24 months after it is received or amend-
ed.
[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated and amended by Amdt.
136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72
FR 31450, June 7, 2007]
§ 136.39 Air tour management plans
(ATMP).
(a)
Establishment.
The Administrator,
in cooperation with the Director, shall
establish an air tour management plan
for any national park or tribal land for
which such a plan is not in effect when-
ever a person applies for authority to
conduct a commercial air tour oper-
ation over the park. The air tour man-
agement plan shall be developed by
means of a public process in accord-
ance with paragraph (d) of this section.
The objective of any air tour manage-
ment plan is to develop acceptable and
effective measures to mitigate or pre-
vent the significant adverse impacts, if
any, of commercial air tour operations
upon the natural and cultural re-
sources, visitor experiences, and tribal
lands.
(b)
Environmental determination.
In es-
tablishing an air tour management
plan under this section, the Adminis-
trator and the Director shall each sign
the environmental decision document
required by section 102 of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332) which may include a find-
ing of no significant impact, an envi-
ronmental assessment, or an environ-
mental impact statement and the
record of decision for the air tour man-
agement plan.
(c)
Contents.
An air tour management
plan for a park—
(1) May prohibit commercial air tour
operations in whole or in part;
(2) May establish conditions for the
conduct of commercial air tour oper-
ations, including, but not limited to,
commercial air tour routes, maximum
number of flights per unit of time,
maximum and minimum altitudes,
time of day restrictions, restrictions
for particular events, intrusions on pri-
vacy on tribal lands, and mitigation of
noise, visual, or other impacts;
557
Federal Aviation Administration, DOT
§ 136.41
(3) Shall apply to all commercial air
tour operations within
1
⁄
2
mile outside
the boundary of a national park;
(4) Shall include incentives (such as
preferred commercial air tour routes
and altitudes, and relief from caps and
curfews) for the adoption of quiet tech-
nology aircraft by commercial air tour
operators conducting commercial air
tour operations at the park;
(5) Shall provide for the initial allo-
cation of opportunities to conduct
commercial air tour operations if the
plan includes a limitation on the num-
ber of commercial air tour operations
for any time period; and
(6) Shall justify and document the
need for measures taken pursuant to
paragraphs (c)(1) through (c)(5) of this
section and include such justification
in the record of decision.
(d)
Procedure.
In establishing an
ATMP for a national park or tribal
lands, the Administrator and Director
shall—
(1) Hold at least one public meeting
with interested parties to develop the
air tour management plan;
(2) Publish the proposed plan in the
F
EDERAL
R
EGISTER
for notice and com-
ment and make copies of the proposed
plan available to the public;
(3) Comply with the regulations set
forth in 40 CFR 1501.3 and 1501.5
through 1501.8 (for the purposes of com-
plying with 40 CFR 1501.3 and 1501.5
through 1501.8, the Federal Aviation
Administration is the lead agency and
the National Park Service is a cooper-
ating agency); and
(4) Solicit the participation of any
Indian tribe whose tribal lands are, or
may be, overflown by aircraft involved
in a commercial air tour operation
over the park or tribal lands to which
the plan applies, as a cooperating agen-
cy under the regulations referred to in
paragraph (d)(3) of this section.
(e)
Amendments.
The Administrator,
in cooperation with the Director, may
make amendments to an air tour man-
agement plan. Any such amendments
will be published in the F
EDERAL
R
EG
-
ISTER
for notice and comment. A re-
quest for amendment of an ATMP will
be made in accordance with § 11.25 of
this chapter as a petition for rule-
making.
[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated by Amdt. 136–1, 72 FR
6912, Feb. 13, 2007]
§ 136.41 Interim operating authority.
(a)
General.
Upon application for op-
erating authority, the Administrator
shall grant interim operating author-
ity under this section to a commercial
air tour operator for commercial air
tour operations over a national park or
tribal land for which the operator is an
existing commercial air tour operator.
(b)
Requirements and limitations.
In-
terim operating authority granted
under this section—
(1) Shall provide annual authoriza-
tion only for the greater of—
(i) The number of flights used by the
operator to provide the commercial air
tour operations within the 12-month
period prior to April 5, 2000; or
(ii) The average number of flights per
12-month period used by the operator
to provide such operations within the
36-month period prior to April 5, 2000,
and for seasonal operations, the num-
ber of flights so used during the season
or seasons covered by that 12-month
period;
(2) May not provide for an increase in
the number of commercial air tour op-
erations conducted during any time pe-
riod by the commercial air tour oper-
ator above the number the air tour op-
erator was originally granted unless
such an increase is agreed to by the
Administrator and the Director;
(3) Shall be published in the F
EDERAL
R
EGISTER
to provide notice and oppor-
tunity for comment;
(4) May be revoked by the Adminis-
trator for cause;
(5) Shall terminate 180 days after the
date on which an air tour management
plan is established for the park and
tribal lands;
(6) Shall promote protection of na-
tional park resources, visitor experi-
ences, and tribal lands;
(7) Shall promote safe commercial air
tour operations;
(8) Shall promote the adoption of
quiet technology, as appropriate, and
(9) Shall allow for modifications of
the interim operating authority based