; and (3) define a critical phase of flight for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations) to include all ground operations involving taxi, takeoff, and landing, and all other flight operations regardless of altitude of operation. (d) Minimum altitudes (1) In general Notwithstanding any other provision of law, a commercial air tour may not operate at an altitude of less than 1,500 feet. (2) Exceptions (A) Safe harbor An operator of a commercial air tour may fly below the altitude described in paragraph (1) for reasons of safety if unpredictable circumstances occur. (B) FAA requirements The Administrator may permit an operator of a commercial air tour to operate below the altitude described in paragraph (1) for flight operations for takeoff and landing. (3) Rule of construction If a reasonable individual would believe a commercial air tour could not safely fly at a minimum altitude of 1,500 feet for the duration of the flight given the conditions at takeoff, the safe harbor described in paragraph (2)(A) shall not apply. (e) Occupied areas (1) In general Notwithstanding any other provision of law, a commercial air tour may not operate within half a mile of an occupied area unless the aircraft has noise suppression technology that brings noise to the lesser of— (A) a maximum level of 55 dbA as measured from such occupied area