558
14 CFR Ch. I (1–1–24 Edition)
§§ 136.43–136.49
on experience if the modification im-
proves protection of national park re-
sources and values and of tribal lands.
(c)
New entrant operators.
The Admin-
istrator, in cooperation with the Direc-
tor, may grant interim operating au-
thority under this paragraph (c) to an
air tour operator for a national park or
tribal lands for which that operator is
a new entrant air tour operator if the
Administrator determines the author-
ity is necessary to ensure competition
in the provision of commercial air tour
operations over the park or tribal
lands.
(1)
Limitation.
The Administrator
may not grant interim operating au-
thority under this paragraph (c) if the
Administrator determines that it
would create a safety problem at the
park or on the tribal lands, or if the Di-
rector determines that it would create
a noise problem at the park or on the
tribal lands.
(2)
ATMP limitation.
The Adminis-
trator may grant interim operating au-
thority under this paragraph (c) only if
the ATMP for the park or tribal lands
to which the application relates has
not been developed within 24 months
after April 5, 2000.
[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated by Amdt. 136–1, 72 FR
6912, Feb. 13, 2007]
§§ 136.43–136.49 [Reserved]
Subpart C—Grand Canyon
National Park
§§ 136.51–136.69 [Reserved]
Subpart D—Special Operating
Rules for Air Tour Operators in
the State of Hawaii
S
OURCE
: Docket No. FAA–2022–1563; Amdt.
No. 136–2, 88 FR 48092, July 26, 2023, unless
otherwise noted.
§ 136.71 Applicability.
(a) Except as provided in paragraph
(b) of this section, this subpart pre-
scribes operating rules for air tour
flights conducted in airplanes, pow-
ered-lift, or rotorcraft under visual
flight rules in the State of Hawaii pur-
suant to parts 91, 121, and 135 of this
chapter.
(b) This subpart does not apply to:
(1) Operations conducted under part
121 of this chapter in airplanes with a
passenger seating configuration of
more than 30 seats or a payload capac-
ity of more than 7,500 pounds.
(2) Flights conducted in gliders or
hot air balloons.
§ 136.73 Definitions.
For the purposes of this subpart:
Air tour
means any sightseeing flight
conducted under visual flight rules in
an airplane, powered-lift, or rotorcraft
for compensation or hire.
Air tour operator
means any person
who conducts an air tour.
§ 136.75 Equipment and requirements.
(a)
Flotation equipment.
No person
may conduct an air tour in Hawaii in a
rotorcraft beyond the shore of any is-
land, regardless of whether the rotor-
craft is within gliding distance of the
shore, unless:
(1) The rotorcraft is amphibious or is
equipped with floats adequate to ac-
complish a safe emergency ditching
and approved flotation gear is easily
accessible for each occupant; or
(2) Each person on board the rotor-
craft is wearing approved flotation
gear.
(b)
Performance plan.
Each operator
must complete a performance plan that
meets the requirements of this para-
graph (b) before each air tour flight
conducted in a rotorcraft.
(1) The performance plan must be
based on information from the current
approved aircraft flight manual for
that aircraft, considering the max-
imum density altitude for which the
operation is planned to determine the
following:
(i) Maximum gross weight and center
of gravity (CG) limitations for hov-
ering in ground effect;
(ii) Maximum gross weight and CG
limitations for hovering out of ground
effect; and
(iii) Maximum combination of
weight, altitude, and temperature for
which height-velocity information
from the performance data is valid.
(2) The pilot in command (PIC) must
comply with the performance plan.
(c)
Operating limitations.
Except for
approach to and transition from a
