[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31449-31450]
From the Federal Register Online via the Government Printing 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: alberta.brown@faa.gov.
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: bruce.glendening@faa.gov.
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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