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Definitions.

CFR · 2024-01-01 · US · Title 14

For purposes of this subpart— (a) (b) (c) (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 (d) (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 (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 (iii) Except as provided in § 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

official document · source cfr-2024 · id 14:§ 136.33