legislation: 103-s-2428
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 103-s-2428 | 103 | s | 2428 | National Parks Airspace Management Act of 1994 | Public Lands and Natural Resources | 1994-08-25 | 1994-08-25 | Read twice and referred to the Committee on Commerce. | Senate | Sen. Akaka, Daniel K. [D-HI] | HI | D | A000069 | 0 | National Parks Airspace Management Act of 1994 - Prohibits a commercial air tour operator from flying over a National Park System (NPS) unit at less than 3,000 feet above ground level unless there is an agreement among the operator, the Administrator of the Federal Aviation Administration (FAA), and the Director of the National Park Service (Service) specifying otherwise. Requires the Administrator and the Director to jointly take appropriate actions to: (1) determine and implement the most practical and effective means of minimizing the effects of commercial air tour flights over NPS units; and (2) conduct periodic training of FAA employees and the Service on matters relating to such implementation. (Sec. 4) Requires the Administrator to initiate formal rulemaking procedures to prescribe: (1) a new subpart of the Code of Federal Regulations relating to air taxi operators and commercial operators which would specifically cover all commercial air tour operators that conduct commercial air tour flights over NPS units; and (2) a single operational rule which would govern the conduct of fixed-wing and rotorcraft flights by such operators over NPS units. Allows the Director to prescribe separate operational rules for flights by fixed-wing aircraft and by rotorcraft if they are warranted. (Sec. 6) Requires the Director to: (1) prescribe criteria to identify NPS units where air tour flights by commercial air tour aircraft are incompatible with or injurious to the purposes and values for which such units were established; and (2) identify and designate the units which meet such criteria. Prohibits commercial air tour flights over such designated NPS units. Makes exceptions for operators that conducted flights as of December 31, 1993, or that commenced conducting flights between January 1, 1994, and the date of enactment of this Act. (Sec. 7) Requires the Director and the Administrator to establish, review, and revise plans for the management of the airspace above other NPS units that are: (1) affected by commercial air tour flights to such an extent that the Director considers the units to require an airspace management plan; or (2) units over which no commercial air tour flights occurred before the enactment of this Act but over which an operator proposes to conduct such flights. Permits flights over NPS units that require management plans and over units not requiring such plans only pursuant to agreements with the Director and the Administrator. Provides for continued flights by existing operators pending development of such a plan or negotiation of such an agreement. (Sec. 8) Exempts an aircraft experiencing an in-flight emergency from the provisions of this Act. Prohibits: (1) military aircraft from conducting flights below 3,000 feet over a NPS unit unless otherwise provided in a Memorandum of Understanding between the Director and the Secretary of Defense; and (2) an aircraft or rotorcraft engaged in commercial aerial photography from conducting flights below 3,000 feet above such NPS units without receiving advance written permission from the appropriate FAA Flight Standards District Office and the NPS unit superintendent concerned. Authorizes NPS unit superintendents to collect fees for such photography. (Sec. 9) Requires each commercial air tour aircraft operator to display on each of his or her aircraft specified identification marks. Requires: (1) the Administrator to study the feasibility and advisability of requiring that aircraft and rotorcraft operating in NPS units airspace have on board in automatic flight tracking system capable of monitoring altitude and ground position; (2) the operators of such aircraft and rotorcraft to have such monitoring system installed if the Administrator determines its use to be feasible; and (3) the Director to ensure NPS personnel monitor the altitude and position of craft with such system and report violations. Requires: (1) the Administrator to ensure that boundaries of each NPS unit and the provisions of the airspace management plan, operational rule, or Special Federal Regulation, if any, with respect to such unit are accurately reflected on aeronautical charts; and (2) the Director to develop educational materials for public distribution on air tour flights over NPS units by commercial air tour operators. (Sec. 10) Establishes the National Park Overflight Advisory Council to: (1) determine the effects on the environment of NPS units of commercial tour flights over such units and the economic effects of restrictions or prohibitions on such flights; (2) develop recommendations for means of reducing the adverse effects of such flights; (3) explore financial and other incentives which could encourage manufacturers to advance the state-of-the-art in quiet aircraft and rotorcraft technology and encourage commercial air tour operators to implement such technology; and (4) provide comments and recommendations to the Director and the Administrator with respect to flight-free parks, flights over other NPS units and other matters relating to such flights. Authorizes appropriations. | 2025-08-26T13:50:01Z |