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14 CFR Ch. I (1–1–24 Edition) 

§ 136.1 

Subpart A—National Air Tour 

Safety Standards 

S

OURCE

: Docket No. FAA–1998–4521, 72 FR 

6912, Feb. 13, 2007, unless otherwise noted. 

§ 136.1 Applicability and definitions. 

(a) This subpart applies to each per-

son operating or intending to operate a 
commercial air tour in an airplane, 
powered-lift, or rotorcraft and, when 
applicable, to all occupants of those 
aircraft engaged in a commercial air 
tour. When any requirement of this 
subpart is more stringent than any 
other requirement of this chapter, the 
person operating the commercial air 
tour must comply with the require-
ment in this subpart. 

(b) This subpart applies to: 
(1) Part 121 or 135 operators con-

ducting a commercial air tour and 
holding a part 119 certificate; 

(2) Part 91 operators conducting 

flights as described in § 119.1(e)(2); and 

(3) Part 91 operators conducting 

flights as described in 14 CFR 91.146 

(c) This subpart does not apply to op-

erations conducted in balloons, gliders 
(powered and un-powered), parachutes 
(powered and un-powered), gyroplanes, 
or airships. 

(d) For the purposes of this subpart 

the following definitions apply: 

Commercial air tour 

means a flight 

conducted for compensation or hire in 
an airplane, powered-lift, or rotorcraft 
where a purpose of the flight is sight-
seeing. The FAA may consider the fol-
lowing factors in determining whether 
a flight is a commercial air tour for 
purposes of this subpart: 

(i) Whether there was a holding out 

to the public of willingness to conduct 
a sightseeing flight for compensation 
or hire; 

(ii) Whether the person offering the 

flight provided a narrative that re-
ferred to areas or points of interest on 
the surface below the route of the 
flight; 

(iii) The area of operation; 
(iv) How often the person offering the 

flight conducts such flights; 

(v) The route of the flight; 
(vi) The inclusion of sightseeing 

flights as part of any travel arrange-
ment package; 

(vii) Whether the flight in question 

would have been canceled based on 
poor visibility of the surface below the 
route of the flight; and 

(viii) Any other factors that the FAA 

considers appropriate. 

Commercial Air Tour operator 

means 

any person who conducts a commercial 
air tour. 

Life preserver 

means a flotation de-

vice used by an aircraft occupant if the 
aircraft ditches in water. If an inflat-
able device, it must be un-inflated and 
ready for its intended use once in-
flated. In evaluating whether a non-in-
flatable life preserver is acceptable to 
the FAA, the operator must dem-
onstrate to the FAA that such a pre-
server can be used during an evacu-
ation and will allow all passengers to 
exit the aircraft without blocking the 
exit. Each occupant must have the 
physical capacity to wear and inflate 
the type of device used once briefed by 
the commercial air tour operator. Seat 
cushions do not meet this definition. 

Raw terrain 

means any area on the 

surface, including water, devoid of any 
person, structure, vehicle, or vessel. 

Shoreline 

means that area of the land 

adjacent to the water of an ocean, sea, 
lake, pond, river or tidal basin that is 
above the high water mark and ex-
cludes land areas unsuitable for land-
ing such as vertical cliffs or land inter-
mittently under water during the par-
ticular flight. 

Suitable landing area for rotorcraft 

means an area that provides the oper-
ator reasonable capability to land in an 
emergency without causing serious in-
jury to persons. These suitable landing 
areas must be site specific, designated 
by the operator, and accepted by the 
FAA. 

(e) In an in-flight emergency requir-

ing immediate action, the pilot in com-
mand may deviate from any rule of 
this subpart to the extent required to 
meet that emergency. 

[Docket No. FAA–1998–4521, 72 FR 6912, Feb. 
13, 2007, as amended by Docket No. FAA– 
2022–1563; Amdt. No. 136–2, 88 FR 48091, July 
26, 2023] 

§ 136.3 Letters of Authorization. 

Operators subject to this subpart who 

have Letters of Authorization may use 
the procedures described in § 119.51 of