### Question
How does AIR COMMERCE AND SAFETY define commercial air tour operation?


### Answer
Under *49 U.S.C. § 40128*, **commercial air tour operation** is defined as:

> any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within 1/2 mile outside the boundary of any national park, or over tribal lands, during which the aircraft flies—


(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff or landing, or necessary for 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)

#### Citation:
  - *49 U.S.C. § 40128*
  - Heading: **SUBTITLE VII-AVIATION PROGRAMS > PART A-AIR COMMERCE AND SAFETY > subpart i-general > CHAPTER 401-GENERAL PROVISIONS**

