Re: Docket FAA - 1998 - 4521 - 135

"The FAA has issued its final rule that sets safety and oversight rules for sightseeing and commercial air tour flights". "This final rule applies to commercial air tours conducted in airplanes and helicopters only. It does not apply to gliders (powered or unpowered), balloons, parachutes (powered or unpowered), gyroplanes, or airships".

GBE: The expressed exclusion of balloons, gliders, and etc. comes as a relief because the original Notice of Proposed Rule Making [ NPRM ] [ October 22, 2003 ] initially covered "powered aircraft" without a specific exclusion of Lighter-Than- Air aircraft. The intent of this rule was to exclude LTA aircraft; however, the regulatory language was ambiguous in my opinion. With the help of the BFA the intent to exclude LTA was adopted into the new rule. In March 2004, I, for one, argued that the proposed rule should refer to "airplanes" and not to "aircraft". The FAA accepted this suggestion.