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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
