; and (2) are considered by the Board to be open unacceptable response. (b) Part 135 regulation The Administrator— (1) shall require all commercial air tours to operate pursuant to part 135 of title 14, Code of Federal Regulations; and (2) may not permit a commercial air tour to operate pursuant to part 91 of title 14, Code of Federal Regulations. 8. Definitions In this Act, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Altitude The term altitude means the distance above ground level between an aircraft and the highest obstacle that is within 2 miles of the location over which such aircraft is flying at any time. (3) Commercial air tour The term commercial air tour means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing or intentional parachuting. If the operator of a flight asserts that the flight is not a commercial air tour, factors that can be considered by the Administrator in making a determination of whether the flight is a commercial air tour include— (A) whether there was a holding out to the public of willingness to conduct a sightseeing or intentional parachuting flight for compensation or hire; (B) whether a narrative was provided that referred to areas or points of interest on the surface; (C) the area of operation; (D) the frequency of flights; (E) the route of flight; (F) the inclusion of sightseeing or intentional parachuting flights as part of any travel arrangement package; or (G) whether the flight in question would or would not have been canceled based on poor visibility of the surface. (4) dbA The term dbA means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the A weighting network. (5) Occupied area The term occupied area means land area that is used by people, including residential areas, commercial areas, and recreational areas.