864
14 CFR Ch. I (1–1–24 Edition)
§ 93.321
(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 compli-
ance with that contract; and
(3) The certificate holder must have a
valid operations specification that au-
thorizes the certificate holder to con-
duct the operations specified in the
contract with the Hualapai Indian Na-
tion and specifically approves the num-
ber 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 op-
erate without an allocation when con-
ducting air tours at those altitudes.
Certificate holders conducting com-
mercial 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 con-
tinue 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]
§ 93.321
Transfer and termination of
allocations.
(a) Allocations are not a property in-
terest; they are an operating privilege
subject to absolute FAA control.
(b) Allocations are subject to the fol-
lowing conditions:
(1) The Administrator will re-author-
ize and re-distribute allocations no ear-
lier 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 certifi-
cate holders, proportionate to the size
of each certificate holder’s allocation.
(3) The aggregate SFRA allocations
will not exceed the number of oper-
ations reported to the FAA for the base
year beginning on May 1, 1997 and end-
ing on April 30, 1998, except as adjusted
to incorporate operations occurring for
the base year of April 1, 2000 and end-
ing 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 lon-
gitude 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 commer-
cial air tours outside the Dragon and
Zuni Point corridors may not be trans-
ferred into the Dragon and Zuni Point
corridors. Allocations authorizing com-
mercial air tours within the Dragon
and Zuni Point corridors may be trans-
ferred outside of the Dragon and Zuni
Point corridors.
(iii) A certificate holder must notify
in writing the responsible Flight
Standards Office within 10 calendar
days of a transfer of allocations. This
notification must identify the parties
involved, the type of transfer (perma-
nent or temporary) and the number of
allocations transferred. Permanent
transfers are not effective until the re-
sponsible Flight Standards Office re-
issues the operations specifications re-
flecting the transfer. Temporary trans-
fers are effective upon notification.
(5) An allocation will revert to the
FAA upon voluntary cessation of com-
mercial air tours within the SFRA for
any consecutive 180-day period unless
the certificate holder notifies the
FSDO in writing, prior to the expira-
tion of the 180-day time period, of the
following: the reason why the certifi-
cate holder has not conducted any
commercial air tours during the con-
secutive 180-day period; and the date
the certificate holder intends on re-
suming commercial air tours oper-
ations. The FSDO will notify the cer-
tificate holder of any extension to the
consecutive 180-days. A certificate
holder may be granted one extension.
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