title-14-part-136

551

Federal Aviation Administration, DOT

Pt. 136

(j)

Engine condition monitoring.

(1) The cer-

tificate holder must establish an engine-con-
dition monitoring program to detect deterio-
ration at an early stage and to allow for cor-
rective action before safe operation is af-
fected.

(2) This program must describe the param-

eters to be monitored, the method of data
collection, the method of analyzing data, and
the process for taking corrective action.

(3) The program must ensure that engine

limit margins are maintained so that a pro-
longed engine-inoperative diversion may be
conducted at approved power levels and in
all expected environmental conditions with-
out exceeding approved engine limits. This
includes approved limits for items such as
rotor speeds and exhaust gas temperatures.

(k)

Oil consumption monitoring.

The certifi-

cate holder must develop an engine oil con-
sumption monitoring program to ensure that
there is enough oil to complete each ETOPS
flight. APU oil consumption must be in-
cluded if an APU is required for ETOPS. The
operator’s consumption limit may not ex-
ceed the manufacturer’s recommendation.
Monitoring must be continuous and include
oil added at each ETOPS departure point.
The program must compare the amount of
oil added at each ETOPS departure point
with the running average consumption to
identify sudden increases.

(l)

APU in-flight start program.

If an APU is

required for ETOPS, but is not required to
run during the ETOPS portion of the flight,
the certificate holder must have a program
acceptable to the FAA for cold soak in-flight
start and run reliability.

(m)

Maintenance training.

For each air-

plane-engine combination, the certificate
holder must develop a maintenance training
program to ensure that it provides training
adequate to support ETOPS. It must include
ETOPS specific training for all persons in-
volved in ETOPS maintenance that focuses
on the special nature of ETOPS. This train-
ing must be in addition to the operator’s
maintenance training program used to qual-
ify individuals for specific airplanes and en-
gines.

(n)

Configuration, maintenance, and proce-

dures (CMP) document.

The certificate holder

must use a system to ensure compliance
with the minimum requirements set forth in
the current version of the CMP document for
each airplane-engine combination that has a
CMP.

(o)

Reporting.

The certificate holder must

report quarterly to the responsible Flight
Standards office and the airplane and engine
manufacturer for each airplane authorized
for ETOPS. The report must provide the op-
erating hours and cycles for each airplane.

G135.2.9

Delayed compliance date for all air-

planes.

A certificate holder need not comply

with this appendix for any airplane until Au-
gust 13, 2008.

[Doc. No. FAA–2002–6717, 72 FR 1885, Jan. 16,
2007, as amended by Amdt. 135–108, 72 FR
7348, Feb. 15, 2007; 72 FR 26542, May 10, 2007;
Amdt. 135–112, 73 FR 8798, Feb. 15, 2008; Amdt.
135–115, 73 FR 33882, June 16, 2008; Docket
FAA–2018–0119, Amdt. 135–139, 83 FR 9175,
Mar. 5, 2018]

PART 136—COMMERCIAL AIR

TOURS AND NATIONAL PARKS
AIR TOUR MANAGEMENT

Subpart A—National Air Tour Safety

Standards

Sec.
136.1

Applicability and definitions.

136.3

Letters of Authorization.

136.5

Additional requirements for Hawaii.

136.7

Passenger briefings.

136.9

Life preservers for operations over

water.

136.11

Rotorcraft floats for over water.

136.13

Performance plan.

136.15–136.29

[Reserved]

Subpart B—National Parks Air Tour

Management

136.31

Applicability.

136.33

Definitions.

136.35

Prohibition of commercial air tour

operations over the Rocky Mountain Na-
tional Park.

136.37

Overflights of national parks and

tribal lands.

136.39

Air tour management plans (ATMP).

136.41

Interim operating authority.

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

136.71

Applicability.

136.73

Definitions.

136.75

Equipment and requirements.

UTHORITY

: 49 U.S.C. 106(f), 106(g), 40113,

40119, 44101, 44701–44702, 44705, 44709–44711,
44713, 44716–44717, 44722, 44901, 44903–44904,
44912, 46105.

OURCE

: Docket No. FAA–2001–8690, 67 FR

65667, Oct. 25, 2002, unless otherwise noted.

552

14 CFR Ch. I (1–1–24 Edition)

§ 136.1

Subpart A—National Air Tour

Safety Standards

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

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

553

Federal Aviation Administration, DOT

§ 136.11

this chapter to amend or have the FAA
reconsider those Letters of Authoriza-
tion.

[Docket No. FAA–2022–1563; Amdt. No. 136–2,
88 FR 48091, July 26, 2023]

§ 136.5 Additional requirements for

Hawaii.

Any operator subject to this subpart

who meets the criteria of § 136.71 must
comply with the additional require-
ments and restrictions in subpart D of
this part.

[Docket No. FAA–2022–1563; Amdt. No. 136–2,
88 FR 48091, July 26, 2023]

§ 136.7 Passenger briefings.

(a) Before takeoff each pilot in com-

mand shall ensure that each passenger
has been briefed on the following:

(1) Procedures for fastening and un-

fastening seatbelts;

(2) Prohibition on smoking; and
(3) Procedures for opening exits and

exiting the aircraft.

(b) For flight segments over water

beyond the shoreline, briefings must
also include:

(1) Procedures for water ditching;
(2) Use of required life preservers; and
(3) Procedures for emergency exit

from the aircraft in the event of a
water landing.

§ 136.9 Life preservers for operations

over water.

(a) Except as provided in paragraphs

(b) or (c) of this section, the operator
and pilot in command of commercial
air tours over water beyond the shore-
line must ensure that each occupant is
wearing a life preserver from before
takeoff until flight is no longer over
water.

(b) The operator and pilot in com-

mand of a commercial air tour over
water beyond the shoreline must en-
sure that a life preserver is readily
available for its intended use and eas-
ily accessible to each occupant if:

(1) The aircraft is equipped with

floats;

(2) The airplane is within power-off

gliding distance to the shoreline for
the duration of the time that the flight
is over water; or

(3) The aircraft is a multiengine that

can be operated with the critical en-
gine inoperative at a weight that will

allow it to climb, at least 50 feet a
minute, at an altitude of 1,000 feet
above the surface, as provided in the
approved aircraft flight manual for
that aircraft.

overwater operation is necessary only
for takeoff or landing.

[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]

§ 136.11 Rotorcraft floats for over

water.

(a) A rotorcraft used in commercial

air tours over water beyond the shore-
line must be equipped with fixed floats
or an inflatable flotation system ade-
quate to accomplish a safe emergency
ditching, if—

(1) It is a single-engine rotorcraft; or
(2) It is a multi-engine rotorcraft

that cannot be operated with the crit-
ical engine inoperative at a weight
that will allow it to climb, at least 50
feet a minute, at an altitude of 1,000
feet above the surface, as provided in
the approved aircraft flight manual for
that aircraft.

(b) Each rotorcraft that is required

to be equipped with an inflatable flota-
tion system under this section must
have:

(1) The activation switch for the flo-

tation system on one of the primary
flight controls; and

(2) The flotation system armed when

the rotorcraft is over water beyond the
shoreline and is flying at a speed that
does not exceed the maximum speed
prescribed in the approved aircraft
flight manual for flying with the flota-
tion system armed.

able flotation system is required for a
rotorcraft under this section when that
rotorcraft is:

(1) Over water only during the take-

off or landing portion of the flight; or

(2) Operated within power-off gliding

distance to the shoreline for the dura-
tion of the flight and each occupant is
wearing a life preserver from before
takeoff until the aircraft is no longer
over water.

[Docket No. FAA–2022–1563; Amdt. No. 136–2,
88 FR 48091, July 26, 2023]

554

14 CFR Ch. I (1–1–24 Edition)

§ 136.13

§ 136.13 Performance plan.

(a) Each operator that uses a rotor-

craft must complete a performance
plan before each commercial air tour
or flight operated under § 91.146 or
§ 91.147 of this chapter. The pilot in
command must review for accuracy
and comply with the performance plan
on the day the flight occurs. The per-
formance plan must be based on infor-
mation in the approved aircraft flight
manual for that aircraft taking into
consideration the maximum density al-
titude for which the operation is
planned, in order to determine:

(1) Maximum gross weight and center

of gravity (CG) limitations for hov-
ering in ground effect;

(2) Maximum gross weight and CG

limitations for hovering out of ground
effect; and

(3) Maximum combination of weight,

altitude, and temperature for which
height/velocity information in the ap-
proved aircraft flight manual is valid.

(b) Except for the approach to and

transition from a hover for the purpose
of takeoff and landing, or during take-
off and landing, the pilot in command
must make a reasonable plan to oper-
ate the rotorcraft outside of the cau-
tion/warning/avoid area of the limiting
height/velocity diagram.

transition from a hover for the purpose
of takeoff and landing, during takeoff
and landing, or when necessary for
safety of flight, the pilot in command
must operate the rotorcraft in compli-
ance with the plan described in para-
graph (b) of this section.

[Docket No. FAA–2022–1563; Amdt. No. 136–2,
88 FR 48091, July 26, 2023]

§§ 136.15–136.29 [Reserved]

Subpart B—National Parks Air Tour

Management

OURCE

: Docket No. FAA–1998–4521, 72 FR

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

§ 136.31 Applicability.

(a) This part restates and para-

phrases several sections of the Na-
tional Parks Air Tour Management Act
of 2000, including section 803 (codified
at 49 U.S.C. 40128) and sections 806 and

809. This subpart clarifies the require-
ments for the development of an air
tour management plan for each park in
the national park system where com-
mercial air tour operations are flown.

(b) Except as provided in paragraph

(c) of this section, this subpart applies
to each commercial air tour operator
who conducts a commercial air tour
operation over—

(1) A unit of the national park sys-

tem;

(2) Tribal lands as defined in this sub-

part; or

(3) Any area within one-half mile

outside the boundary of any unit of the
national park system.

commercial air tour operator con-
ducting a commercial air tour oper-
ation—

(1) Over the Grand Canyon National

Park;

(2) Over that portion of tribal lands

within or abutting the Grand Canyon
National Park;

(3) Over any land or waters located in

the State of Alaska; or

(4) While flying over or near the Lake

Mead Recreation Area, solely as a
transportation route, to conduct a
commercial air tour over the Grand
Canyon National Park.

[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated and amended by Amdt.
136–1, 72 FR 6912, Feb. 13, 2007]

§ 136.33 Definitions.

For purposes of this subpart—
(a)

Commercial air tour operator

means

any person who conducts a commercial
air tour operation.

(b)

Existing commercial air tour oper-

ator

means a commercial air tour oper-

ator that was actively engaged in the
business of providing commercial air
tour operations over a national park at
any time during the 12-month period
ending on April 5, 2000.

(c)

New entrant commercial air tour op-

erator

means a commercial air tour op-

erator that—

(1) Applies for operating authority as

a commercial air tour operator for a
national park or tribal lands; and

(2) Has not engaged in the business of

providing commercial air tour oper-
ations over the national park or tribal

555

Federal Aviation Administration, DOT

§ 136.37

lands for the 12-month period preceding
enactment.

(d)

Commercial air tour operation

—

(1) Means any flight, conducted for

compensation or hire in a powered air-
craft where a purpose of the flight is
sightseeing over a national park, with-
in

⁄

mile outside the boundary of any

national park, or over tribal lands, dur-
ing which the aircraft flies—

(i) Below 5,000 feet above ground level

(except for the purpose of takeoff or
landing, or as necessary for the safe op-
eration of an aircraft as determined
under the rules and regulations of the
Federal Aviation Administration re-
quiring the pilot-in-command to take
action to ensure the safe operation of
the aircraft);

(ii) Less than 1 mile laterally from

any geographic feature within the park
(unless more than

⁄

mile outside the

boundary); or

(iii) Except as provided in § 136.35.
(2) The Administrator may consider

the following factors in determining
whether a flight is a commercial air
tour operation for purposes of this sub-
part—

(i) Whether there was a holding out

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

(ii) Whether a narrative that referred

to areas or points of interest on the
surface below the route of the flight
was provided by the person offering the
flight;

(iii) The area of operation;
(iv) The frequency of flights con-

ducted by the person offering the
flight;

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

flights as part of any travel arrange-
ment package offered by the person of-
fering the flight;

(vii) Whether the flight would have

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

(viii) Any other factors that the Ad-

ministrator and Director consider ap-
propriate.

(3) For purposes of § 136.35, means any

flight conducted for compensation or
hire in a powered aircraft where a pur-
pose of the flight is sightseeing over a
national park.

(e)

National park

means any unit of

the national park system. (See title 16
of the U.S. Code, section 1,

et seq.

)

(f)

Tribal lands

means that portion of

Indian country (as that term is defined
in section 1151 of title 18 of the U.S.
Code) that is within or abutting a na-
tional park.

(g)

Administrator

means the Adminis-

trator of the Federal Aviation Admin-
istration.

(h)

Director

means the Director of the

National Park Service.

(i)

Superintendent

means the duly ap-

pointed representative of the National
Park Service for a particular unit of
the national park system.

[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated and amended by Amdt.
136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72
FR 31450, June 7, 2007]

§ 136.35 Prohibition of commercial air

tour operations over the Rocky

Mountain National Park.

All commercial air tour operations in

the airspace over the Rocky Mountain
National Park are prohibited regard-
less of altitude.

[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated by Amdt. 136–1, 72 FR
6912, Feb. 13, 2007]

§ 136.37 Overflights of national parks

and tribal lands.

(a)

General.

A commercial air tour

operator may not conduct commercial
air tour operations over a national
park or tribal land except—

(1) In accordance with this section;
(2) In accordance with conditions and

limitations prescribed for that oper-
ator by the Administrator; and

(3) In accordance with any applicable

air tour management plan for the park
or tribal lands.

(b)

Application for operating authority.

Before commencing commercial air
tour operations over a national park or
tribal lands, a commercial air tour op-
erator shall apply to the Administrator
for authority to conduct the operations
over the park or tribal lands.

(c)

Number of operations authorized.

determining the number of authoriza-
tions to issue to provide commercial
air tour operations over a national
park, the Administrator, in coopera-
tion with the Director, shall take into

556

14 CFR Ch. I (1–1–24 Edition)

§ 136.39

consideration the provisions of the air
tour management plan, the number of
existing commercial air tour operators
and current level of service and equip-
ment provided by any such operators,
and the financial viability of each com-
mercial air tour operation.

(d)

Cooperation with National Park

Service.

Before granting an application

under this subpart, the Administrator,
in cooperation with the Director, shall
develop an air tour management plan
in accordance with § 136.39 and imple-
ment such a plan.

(e)

Time limit on response to applica-

tions.

Every effort will be made to act

on any application under this subpart
and issue a decision on the application
not later than 24 months after it is re-
ceived or amended.

(f)

Priority.

In acting on applications

under this paragraph to provide com-
mercial air tour operations over a na-
tional park, the Administrator shall
give priority to an application under
this paragraph in any case where a new
entrant commercial air tour operator
is seeking operating authority with re-
spect to that national park.

(g)

Exception.

Notwithstanding this

section, commercial air tour operators
may conduct commercial air tour oper-
ations over a national park under part
91 of this chapter if—

(1) Such activity is permitted under

part 119 of this chapter;

(2) The operator secures a letter of

agreement from the Administrator and
the Superintendent for that park de-
scribing the conditions under which
the operations will be conducted; and

(3) The number of operations under

this exception is limited to not more
than a total of 5 flights by all opera-
tors in any 30-day period over a par-
ticular park.

(h)

Special rule for safety requirement.

Notwithstanding § 136.41, an existing
commercial air tour operator shall
apply, not later than January 23, 2003
for operating authority under part 119
of this chapter, for certification under
part 121 or part 135 of this chapter. A
new entrant commercial air tour oper-
ator shall apply for such authority be-
fore conducting commercial air tour
operations over a national park or trib-
al lands that are within or abut a na-
tional park. The Administrator shall

make every effort to act on such appli-
cation for a new entrant and issue a de-
cision on the application not later than
24 months after it is received or amend-
ed.

[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated and amended by Amdt.
136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72
FR 31450, June 7, 2007]

§ 136.39 Air tour management plans

(ATMP).

(a)

Establishment.

The Administrator,

in cooperation with the Director, shall
establish an air tour management plan
for any national park or tribal land for
which such a plan is not in effect when-
ever a person applies for authority to
conduct a commercial air tour oper-
ation over the park. The air tour man-
agement plan shall be developed by
means of a public process in accord-
ance with paragraph (d) of this section.
The objective of any air tour manage-
ment plan is to develop acceptable and
effective measures to mitigate or pre-
vent the significant adverse impacts, if
any, of commercial air tour operations
upon the natural and cultural re-
sources, visitor experiences, and tribal
lands.

(b)

Environmental determination.

In es-

tablishing an air tour management
plan under this section, the Adminis-
trator and the Director shall each sign
the environmental decision document
required by section 102 of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332) which may include a find-
ing of no significant impact, an envi-
ronmental assessment, or an environ-
mental impact statement and the
record of decision for the air tour man-
agement plan.

(c)

Contents.

An air tour management

plan for a park—

(1) May prohibit commercial air tour

operations in whole or in part;

(2) May establish conditions for the

conduct of commercial air tour oper-
ations, including, but not limited to,
commercial air tour routes, maximum
number of flights per unit of time,
maximum and minimum altitudes,
time of day restrictions, restrictions
for particular events, intrusions on pri-
vacy on tribal lands, and mitigation of
noise, visual, or other impacts;

557

Federal Aviation Administration, DOT

§ 136.41

(3) Shall apply to all commercial air

tour operations within

⁄

mile outside

the boundary of a national park;

(4) Shall include incentives (such as

preferred commercial air tour routes
and altitudes, and relief from caps and
curfews) for the adoption of quiet tech-
nology aircraft by commercial air tour
operators conducting commercial air
tour operations at the park;

(5) Shall provide for the initial allo-

cation of opportunities to conduct
commercial air tour operations if the
plan includes a limitation on the num-
ber of commercial air tour operations
for any time period; and

(6) Shall justify and document the

need for measures taken pursuant to
paragraphs (c)(1) through (c)(5) of this
section and include such justification
in the record of decision.

(d)

Procedure.

In establishing an

ATMP for a national park or tribal
lands, the Administrator and Director
shall—

(1) Hold at least one public meeting

with interested parties to develop the
air tour management plan;

(2) Publish the proposed plan in the

EDERAL

EGISTER

for notice and com-

ment and make copies of the proposed
plan available to the public;

(3) Comply with the regulations set

forth in 40 CFR 1501.3 and 1501.5
through 1501.8 (for the purposes of com-
plying with 40 CFR 1501.3 and 1501.5
through 1501.8, the Federal Aviation
Administration is the lead agency and
the National Park Service is a cooper-
ating agency); and

(4) Solicit the participation of any

Indian tribe whose tribal lands are, or
may be, overflown by aircraft involved
in a commercial air tour operation
over the park or tribal lands to which
the plan applies, as a cooperating agen-
cy under the regulations referred to in
paragraph (d)(3) of this section.

(e)

Amendments.

The Administrator,

in cooperation with the Director, may
make amendments to an air tour man-
agement plan. Any such amendments
will be published in the F

EDERAL

ISTER

for notice and comment. A re-

quest for amendment of an ATMP will
be made in accordance with § 11.25 of

this chapter as a petition for rule-
making.

[Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25,
2002. Redesignated by Amdt. 136–1, 72 FR
6912, Feb. 13, 2007]

§ 136.41 Interim operating authority.

(a)

General.

Upon application for op-

erating authority, the Administrator
shall grant interim operating author-
ity under this section to a commercial
air tour operator for commercial air
tour operations over a national park or
tribal land for which the operator is an
existing commercial air tour operator.

(b)

Requirements and limitations.

In-

terim operating authority granted
under this section—

(1) Shall provide annual authoriza-

tion only for the greater of—

(i) The number of flights used by the

operator to provide the commercial air
tour operations within the 12-month
period prior to April 5, 2000; or

(ii) The average number of flights per

12-month period used by the operator
to provide such operations within the
36-month period prior to April 5, 2000,
and for seasonal operations, the num-
ber of flights so used during the season
or seasons covered by that 12-month
period;

(2) May not provide for an increase in

the number of commercial air tour op-
erations conducted during any time pe-
riod by the commercial air tour oper-
ator above the number the air tour op-
erator was originally granted unless
such an increase is agreed to by the
Administrator and the Director;

(3) Shall be published in the F

EDERAL

EGISTER

to provide notice and oppor-

tunity for comment;

(4) May be revoked by the Adminis-

trator for cause;

(5) Shall terminate 180 days after the

date on which an air tour management
plan is established for the park and
tribal lands;

(6) Shall promote protection of na-

tional park resources, visitor experi-
ences, and tribal lands;

(7) Shall promote safe commercial air

tour operations;

(8) Shall promote the adoption of

quiet technology, as appropriate, and

(9) Shall allow for modifications of

the interim operating authority based

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

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

559

Federal Aviation Administration, DOT

§ 137.1

hover, and except for the purpose of
takeoff and landing, the PIC of a rotor-
craft may only operate such aircraft at
a combination of height and forward
speed (including hover) that would per-
mit a safe landing in event of engine
power loss, in accordance with the
height-speed envelope for that rotor-
craft under current weight and aircraft
altitude.

(d)

Minimum flight altitudes.

Except

when necessary for takeoff and land-
ing, or operating in compliance with an
air traffic control clearance, or as oth-
erwise authorized by the Adminis-
trator, no person may conduct an air
tour in Hawaii:

(1) Below an altitude of 1,500 feet

above the surface over all areas of the
State of Hawaii;

(2) Closer than 1,500 feet to any per-

son or property; or

(3) Below any altitude prescribed by

Federal statute or regulation.

(e)

Passenger briefing.

Before takeoff,

each PIC of an air tour flight of Hawaii
with a flight segment beyond the ocean
shore of any island shall ensure that
each passenger has been briefed on the
following, in addition to requirements
set forth in § 91.107, § 121.571, or § 135.117
of this chapter:

(1) Water ditching procedures;
(2) Use of required flotation equip-

ment; and

(3) Emergency egress from the air-

craft in event of a water landing.

PART 137—AGRICULTURAL

AIRCRAFT OPERATIONS

Subpart A—General

Sec.
137.1

Applicability.

137.3

Definition of terms.

Subpart B—Certification Rules

137.11

Certificate required.

137.15

Application for certificate.

137.17

Amendment of certificate.

137.19

Certification requirements.

137.21

Duration of certificate.

137.23

Carriage of narcotic drugs, mari-

huana, and depressant or stimulant drugs
or substances.

Subpart C—Operating Rules

137.29

General.

137.31

Aircraft requirements.

137.33

Carrying of certificate.

137.35

Limitations on private agricultural

aircraft operator.

137.37

Manner of dispensing.

137.39

Economic poison dispensing.

137.40

Employment of former FAA employ-

ees.

137.41

Personnel.

137.42

Fastening of safety belts and shoul-

der harnesses.

137.43

Operations in controlled airspace des-

ignated for an airport.

137.45

Nonobservance of airport traffic pat-

tern.

137.47

Operation without position lights.

137.49

Operations over other than congested

areas.

137.51

Operation over congested areas: Gen-

eral.

137.53

Operation over congested areas: Pi-

lots and aircraft.

137.55

Business name: Commercial agricul-

tural aircraft operator.

137.57

Availability of certificate.

137.59

Inspection authority.

Subpart D—Records and Reports

137.71

Records: Commercial agricultural

aircraft operator.

137.75

Change of address.

137.77

Termination of operations.

UTHORITY

: 49 U.S.C. 106(g), 40103, 40113,

44701–44702.

OURCE

: Docket No. 1464, 30 FR 8106, June

24, 1965, unless otherwise noted.

Subpart A—General

§ 137.1 Applicability.

(a) This part prescribes rules gov-

erning—

(1) Agricultural aircraft operations

within the United States; and

(2) The issue of commercial and pri-

vate agricultural aircraft operator cer-
tificates for those operations.

(b) In a public emergency, a person

conducting agricultural aircraft oper-
ations under this part may, to the ex-
tent necessary, deviate from the oper-
ating rules of this part for relief and
welfare activities approved by an agen-
cy of the United States or of a State or
local government.

thority of this section, deviates from a
rule of this part shall, within 10 days
after the deviation send to the respon-
sible Flight Standards office a com-
plete report of the aircraft operation