[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31449-31450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10972]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 136

[Docket No. FAA-1998-4521; Amendment No. 136-1]
RIN 2120-AF07


National Air Tour Safety Standards; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendments.

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SUMMARY: The FAA is correcting references in its Commercial Air Tours 
and National Parks Air Tour Management regulations to conform to 
amendments made by the National Air Tour Safety Standards final rule 
published on February 13, 2007 (72 FR 6884). In addition, the FAA is 
removing a sentence from the preamble that referred to aircraft 
certificated as ``Experimental Category'' and clarifying the 
applicability of the rule to the ``Young Eagles'' program.

DATES: Effective June 7, 2007.

FOR FURTHER INFORMATION CONTACT: Alberta Brown, Air Transportation 
Division, AFS-200, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591;

[[Page 31450]]

telephone: (202) 267-8166; e-mail: [email protected].
    For legal information, contact: Bruce Glendening, Operations Law 
Branch, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-8011; facsimile: (202) 267-
7971; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

A. Correction to Section References in Part 136 Subpart B

    On February 13, 2007, the FAA published the ``National Air Tour 
Safety Standards'' final rule (72 FR 6884) in which we designated the 
existing sections in part 136, consisting of Sec. Sec.  136.1 through 
136.11, as subpart B, consisting of Sec. Sec.  136.31 through 136.49. 
The FAA inadvertently did not update the section references in the text 
of those sections to reflect the new numbering. This document corrects 
that oversight.

B. Comments Against Part 135 Certification

    In the preamble to the February 13, 2007, final rule, on pages 
6891-6892, the FAA discussed comments that opposed our proposal to 
require commercial air tour operators to conduct their operations under 
part 135. We explained the regulatory basis for our final decision and, 
in the second full paragraph of column 1 on page 6892, we described the 
regulations pertaining to the carriage of passengers under different 
categories of airworthiness certification. Upon review, we have 
determined that the first sentence of that paragraph was correct; 
however, the second sentence was not correct because we inadvertently 
omitted the words ``for compensation or hire'' when describing 
operations carrying passengers in aircraft with an ``Experimental 
Category'' airworthiness certificate. We therefore correct the preamble 
of the final rule on page 6892, column 1, the second full paragraph, by 
removing the sentence that reads, ``An `Experimental Category' 
certificate does not allow passengers at all.''

C. EAA Young Eagles Program

    During development of the ``National Air Tour Safety Standards'' 
final rule, we believed that the Experimental Aircraft Association 
(EAA) used its FAA-issued exemptions for all flights conducted under 
its Young Eagles program. Since publication of the final rule, however, 
we have learned that EAA uses its exemptions only for those few Young 
Eagles flights that are flown for compensation or hire. We therefore 
clarify that the final rule applies to only Young Eagles flights that 
are flown for compensation or hire, but the rule does not apply to 
other Young Eagles flights.

List of Subjects in 14 CFR Part 136

    Air transportation, Aircraft, Airplanes, Air tours, Air safety, 
Aviation safety, Commercial air tours, Helicopters, National Parks, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements.

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Accordingly, 14 CFR part 136 is corrected by making the following 
correcting amendments:

PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR 
MANAGEMENT

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1. The authority citation for part 136 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.


Sec.  136.33  [Amended]

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2. Amend Sec.  136.33--
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A. In paragraph (d)(1)(iii) by removing the reference ``Sec.  136.5'' 
and adding in its place the reference ``Sec.  136.35.''
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B. In paragraph (d)(3) by removing the reference ``Sec.  136.5'' and 
adding in its place the reference ``Sec.  136.35.''


Sec.  136.37  [Amended]

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3. Amend Sec.  136.37--
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A. In paragraph (d) by removing the reference ``Sec.  136.9'' and 
adding in its place the reference ``Sec.  136.39.''
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B. In paragraph (h) by removing the reference ``Sec.  136.11'' and 
adding in its place the reference ``Sec.  136.41.''

    Issued in Washington, DC, on June 1, 2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
 [FR Doc. E7-10972 Filed 6-6-07; 8:45 am]
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