Section 1
14 CFR Ch. I (1–1–26 Edition) § 136.1 Subpart B—National Parks Air Tour (powered and un-powered), gyroplanes, Management or airships.
(d) For the purposes of this subpart 136.31 Applicability.
the following definitions apply: 136.33 Definitions.
Commercial air tour means a flight 136.35 Prohibition of commercial air tour conducted for compensation or hire in operations over the Rocky Mountain Na- an airplane, powered-lift, or rotorcraft tional Park.
136.37 Overflights of national parks and where a purpose of the flight is sight- tribal lands.
seeing. The FAA may consider the fol- 136.39 Air tour management plans (ATMP).
lowing factors in determining whether 136.41 Interim operating authority.
a flight is a commercial air tour for 136.43–136.49 [Reserved] purposes of this subpart: (i) Whether there was a holding out Subpart C—Grand Canyon National Park to the public of willingness to conduct 136.51–136.69 [Reserved] a sightseeing flight for compensation or hire; Subpart D—Special Operating Rules for Air (ii) Whether the person offering the Tour Operators in the State of Hawaii flight provided a narrative that re- ferred to areas or points of interest on 136.71 Applicability.
the surface below the route of the 136.73 Definitions.
flight; 136.75 Equipment and requirements.
(iii) The area of operation; A UTHORITY : 49 U.S.C. 106(f), 40113, 40119, (iv) How often the person offering the 44101, 44701–44702, 44705, 44709–44711, 44713, flight conducts such flights; 44716–44717, 44722, 44901, 44903–44904, 44912, (v) The route of the flight; 46105.
(vi) The inclusion of sightseeing OURCE : Docket FAA–2001–8690, 67 FR 65667, S flights as part of any travel arrange- Oct. 25, 2002, unless otherwise noted.
ment package; (vii) Whether the flight in question Subpart A—National Air Tour would have been canceled based on Safety Standards poor visibility of the surface below the route of the flight; and S OURCE : Docket FAA–1998–4521, 72 FR 6912, (viii) Any other factors that the FAA Feb. 13, 2007, unless otherwise noted.
considers appropriate.
Commercial Air Tour operator means § 136.1 Applicability and definitions.
any person who conducts a commercial (a) This subpart applies to each per- air tour.
son operating or intending to operate a Life preserver means a flotation de- commercial air tour in an airplane, vice used by an aircraft occupant if the powered-lift, or rotorcraft and, when aircraft ditches in water. If an inflat- applicable, to all occupants of those able device, it must be un-inflated and aircraft engaged in a commercial air ready for its intended use once in- tour. When any requirement of this flated. In evaluating whether a non-in- subpart is more stringent than any flatable life preserver is acceptable to other requirement of this chapter, the the FAA, the operator must dem- person operating the commercial air onstrate to the FAA that such a pre- tour must comply with the require- server can be used during an evacu- ment in this subpart. ation and will allow all passengers to (b) This subpart applies to: exit the aircraft without blocking the (1) Part 121 or 135 operators con- exit. Each occupant must have the ducting a commercial air tour and physical capacity to wear and inflate holding a part 119 certificate; the type of device used once briefed by (2) Part 91 operators conducting the commercial air tour operator. Seat flights as described in § 119.1(e)(2); and cushions do not meet this definition.
(3) Part 91 operators conducting Raw terrain means any area on the flights as described in 14 CFR 91.146 surface, including water, devoid of any (c) This subpart does not apply to op- person, structure, vehicle, or vessel.
erations conducted in balloons, gliders Shoreline means that area of the land (powered and un-powered), parachutes adjacent to the water of an ocean, sea, VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00566 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 136.9 lake, pond, river or tidal basin that is (b) For flight segments over water above the high water mark and ex- beyond the shoreline, briefings must cludes land areas unsuitable for land- also include: ing such as vertical cliffs or land inter- (1) Procedures for water ditching; mittently under water during the par- (2) Use of required life preservers; and ticular flight.
(3) Procedures for emergency exit Suitable landing area for rotorcraft from the aircraft in the event of a means an area that provides the oper- water landing.
ator reasonable capability to land in an (c) If any passengers on board a flight emergency without causing serious in- conducted under this part are secured jury to persons. These suitable landing with a supplemental restraint system, areas must be site specific, designated the pilot in command of that flight by the operator, and accepted by the must ensure those passengers are FAA.
briefed in accordance with § 91.108(g) of (e) In an in-flight emergency requir- this chapter.
ing immediate action, the pilot in com- mand may deviate from any rule of [Docket FAA–1998–4521, 72 FR 6912, Feb. 13, this subpart to the extent required to 2007, as amended by Docket FAA–2023–2250, meet that emergency.
Amdt. 136–3, 89 FR 67850, Aug. 22, 2024] (f) Additional requirements for pow- § 136.9 Life preservers for operations ered-lift operations are set forth in over water.
part 194 of this chapter.
(a) Except as provided in paragraphs [Docket FAA–1998–4521, 72 FR 6912, Feb. 13, (b) or (c) of this section, the operator 2007, as amended by Docket FAA–2022–1563, Amdt. 136–2, 88 FR 48091, July 26, 2023; Dock- and pilot in command of commercial et FAA–2023–1275, Amdt. 136–4, 89 FR 92488, air tours over water beyond the shore- Nov. 21, 2024] line must ensure that each occupant is wearing a life preserver from before § 136.3 Letters of Authorization.
takeoff until flight is no longer over Operators subject to this subpart who water.
have Letters of Authorization may use (b) The operator and pilot in com- the procedures described in § 119.51 of mand of a commercial air tour over this chapter to amend or have the FAA water beyond the shoreline must en- reconsider those Letters of Authoriza- sure that a life preserver is readily tion.
available for its intended use and eas- ily accessible to each occupant if: [Docket FAA–2022–1563, Amdt. 136–2, 88 FR 48091, July 26, 2023] (1) The aircraft is equipped with floats; § 136.5 Additional requirements for (2) The airplane is within power-off Hawaii.
gliding distance to the shoreline for Any operator subject to this subpart the duration of the time that the flight who meets the criteria of § 136.71 must is over water; or comply with the additional require- (3) The aircraft is a multiengine that ments and restrictions in subpart D of can be operated with the critical en- this part.
gine inoperative at a weight that will [Docket FAA–2022–1563, Amdt. 136–2, 88 FR allow it to climb, at least 50 feet a 48091, July 26, 2023] minute, at an altitude of 1,000 feet above the surface, as provided in the § 136.7 Passenger briefings.
approved aircraft flight manual for (a) Before takeoff each pilot in com- that aircraft.
mand shall ensure that each passenger (c) No life preserver is required if the has been briefed on the following: overwater operation is necessary only (1) Procedures for fastening and un- for takeoff or landing.
fastening seatbelts; [Docket FAA–1998–4521, 72 FR 6912, Feb. 13, (2) Prohibition on smoking; and 2007, as amended by Docket FAA–2022–1563, (3) Procedures for opening exits and Amdt. 136–2, 88 FR 48091, July 26, 2023] exiting the aircraft.
VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00567 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 136.11 consideration the maximum density al- § 136.11 Rotorcraft floats for over water. titude for which the operation is planned, in order to determine: (a) A rotorcraft used in commercial (1) Maximum gross weight and center air tours over water beyond the shore- of gravity (CG) limitations for hov- line must be equipped with fixed floats ering in ground effect; or an inflatable flotation system ade- (2) Maximum gross weight and CG quate to accomplish a safe emergency limitations for hovering out of ground ditching, if— effect; and (1) It is a single-engine rotorcraft; or (3) Maximum combination of weight, (2) It is a multi-engine rotorcraft altitude, and temperature for which that cannot be operated with the crit- height/velocity information in the ap- ical engine inoperative at a weight proved aircraft flight manual is valid.
that will allow it to climb, at least 50 (b) Except for the approach to and feet a minute, at an altitude of 1,000 transition from a hover for the purpose feet above the surface, as provided in of takeoff and landing, or during take- the approved aircraft flight manual for off and landing, the pilot in command that aircraft.
must make a reasonable plan to oper- (b) Each rotorcraft that is required ate the rotorcraft outside of the cau- to be equipped with an inflatable flota- tion/warning/avoid area of the limiting tion system under this section must height/velocity diagram.
have: (c) Except for the approach to and (1) The activation switch for the flo- transition from a hover for the purpose tation system on one of the primary of takeoff and landing, during takeoff flight controls; and and landing, or when necessary for (2) The flotation system armed when safety of flight, the pilot in command the rotorcraft is over water beyond the must operate the rotorcraft in compli- shoreline and is flying at a speed that ance with the plan described in para- does not exceed the maximum speed graph (b) of this section.
prescribed in the approved aircraft flight manual for flying with the flota- [Docket FAA–2022–1563, Amdt. 136–2, 88 FR tion system armed.
48091, July 26, 2023] (c) Neither fixed floats nor an inflat- §§ 136.15–136.29 [Reserved] able flotation system is required for a rotorcraft under this section when that rotorcraft is: Subpart B—National Parks Air Tour (1) Over water only during the take- Management off or landing portion of the flight; or (2) Operated within power-off gliding S OURCE : Docket FAA–1998–4521, 72 FR 6912, distance to the shoreline for the dura- Feb. 13, 2007, unless otherwise noted.
tion of the flight and each occupant is wearing a life preserver from before § 136.31 Applicability.
takeoff until the aircraft is no longer (a) This part restates and para- over water.
phrases several sections of the Na- [Docket FAA–2022–1563, Amdt. 136–2, 88 FR tional Parks Air Tour Management Act 48091, July 26, 2023] of 2000, including section 803 (codified at 49 U.S.C. 40128) and sections 806 and § 136.13 Performance plan.
809. This subpart clarifies the require- (a) Each operator that uses a rotor- ments for the development of an air craft must complete a performance tour management plan for each park in plan before each commercial air tour the national park system where com- or flight operated under § 91.146 or mercial air tour operations are flown.
§ 91.147 of this chapter. The pilot in (b) Except as provided in paragraph command must review for accuracy (c) of this section, this subpart applies and comply with the performance plan to each commercial air tour operator on the day the flight occurs. The per- who conducts a commercial air tour formance plan must be based on infor- operation over— mation in the approved aircraft flight (1) A unit of the national park sys- manual for that aircraft taking into tem; VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00568 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR
Section 2
Federal Aviation Administration, DOT § 136.33 (2) Tribal lands as defined in this sub- eration of an aircraft as determined part; or under the rules and regulations of the (3) Any area within one-half mile Federal Aviation Administration re- outside the boundary of any unit of the quiring the pilot-in-command to take national park system. action to ensure the safe operation of (c) This subpart does not apply to a the aircraft); commercial air tour operator con- (ii) Less than 1 mile laterally from ducting a commercial air tour oper- any geographic feature within the park ation— (unless more than ⁄2 mile outside the (1) Over the Grand Canyon National boundary); or Park; (iii) Except as provided in § 136.35.
(2) Over that portion of tribal lands (2) The Administrator may consider within or abutting the Grand Canyon the following factors in determining National Park; whether a flight is a commercial air (3) Over any land or waters located in tour operation for purposes of this sub- the State of Alaska; or part— (4) While flying over or near the Lake (i) Whether there was a holding out Mead Recreation Area, solely as a to the public of willingness to conduct transportation route, to conduct a a sightseeing flight for compensation commercial air tour over the Grand or hire; Canyon National Park.
(ii) Whether a narrative that referred to areas or points of interest on the [Docket FAA–2001–8690, 67 FR 65667, Oct. 25, surface below the route of the flight 2002. Redesignated and amended by Amdt.
was provided by the person offering the 136–1, 72 FR 6912, Feb. 13, 2007] flight; § 136.33 Definitions.
(iii) The area of operation; (iv) The frequency of flights con- For purposes of this subpart— ducted by the person offering the (a) Commercial air tour operator means flight; any person who conducts a commercial (v) The route of flight; air tour operation.
(vi) The inclusion of sightseeing (b) Existing commercial air tour oper- flights as part of any travel arrange- ator means a commercial air tour oper- ment package offered by the person of- ator that was actively engaged in the fering the flight; business of providing commercial air (vii) Whether the flight would have tour operations over a national park at been canceled based on poor visibility any time during the 12-month period of the surface below the route of the ending on April 5, 2000.
flight; and (c) New entrant commercial air tour op- (viii) Any other factors that the Ad- erator means a commercial air tour op- ministrator and Director consider ap- erator that— (1) Applies for operating authority as propriate.
a commercial air tour operator for a (3) For purposes of § 136.35, means any national park or tribal lands; and flight conducted for compensation or (2) Has not engaged in the business of hire in a powered aircraft where a pur- providing commercial air tour oper- pose of the flight is sightseeing over a ations over the national park or tribal national park.
lands for the 12-month period preceding (e) National park means any unit of enactment. the national park system. (See title 16 (d) Commercial air tour operation — of the U.S. Code, section 1, et seq. ) (1) Means any flight, conducted for (f) Tribal lands means that portion of compensation or hire in a powered air- Indian country (as that term is defined craft where a purpose of the flight is in section 1151 of title 18 of the U.S.
sightseeing over a national park, with- Code) that is within or abutting a na- in ⁄2 mile outside the boundary of any tional park.
national park, or over tribal lands, dur- (g) Administrator means the Adminis- ing which the aircraft flies— trator of the Federal Aviation Admin- (i) Below 5,000 feet above ground level istration.
(except for the purpose of takeoff or (h) Director means the Director of the landing, or as necessary for the safe op- National Park Service.
VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00569 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 136.35 (i) Superintendent means the duly ap- in accordance with § 136.39 and imple- pointed representative of the National ment such a plan.
Park Service for a particular unit of (e) Time limit on response to applica- the national park system.
tions. Every effort will be made to act on any application under this subpart [Docket FAA–2001–8690, 67 FR 65667, Oct. 25, and issue a decision on the application 2002. Redesignated and amended by Amdt.
136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72 not later than 24 months after it is re- FR 31450, June 7, 2007] ceived or amended.
(f) Priority. In acting on applications § 136.35 Prohibition of commercial air under this paragraph to provide com- tour operations over the Rocky mercial air tour operations over a na- Mountain National Park.
tional park, the Administrator shall All commercial air tour operations in give priority to an application under the airspace over the Rocky Mountain this paragraph in any case where a new National Park are prohibited regard- entrant commercial air tour operator less of altitude.
is seeking operating authority with re- [Docket FAA–2001–8690, 67 FR 65667, Oct. 25, spect to that national park.
2002. Redesignated by Amdt. 136–1, 72 FR (g) Exception. Notwithstanding this 6912, Feb. 13, 2007] section, commercial air tour operators may conduct commercial air tour oper- § 136.37 Overflights of national parks ations over a national park under part and tribal lands.
91 of this chapter if— (a) General. A commercial air tour (1) Such activity is permitted under operator may not conduct commercial part 119 of this chapter; air tour operations over a national (2) The operator secures a letter of park or tribal land except— agreement from the Administrator and (1) In accordance with this section; the Superintendent for that park de- (2) In accordance with conditions and scribing the conditions under which limitations prescribed for that oper- the operations will be conducted; and ator by the Administrator; and (3) The number of operations under (3) In accordance with any applicable this exception is limited to not more air tour management plan for the park than a total of 5 flights by all opera- or tribal lands.
tors in any 30-day period over a par- (b) Application for operating authority.
ticular park.
Before commencing commercial air (h) Special rule for safety requirement.
tour operations over a national park or tribal lands, a commercial air tour op- Notwithstanding § 136.41, an existing erator shall apply to the Administrator commercial air tour operator shall for authority to conduct the operations apply, not later than January 23, 2003 over the park or tribal lands.
for operating authority under part 119 (c) Number of operations authorized. In of this chapter, for certification under determining the number of authoriza- part 121 or part 135 of this chapter. A tions to issue to provide commercial new entrant commercial air tour oper- air tour operations over a national ator shall apply for such authority be- park, the Administrator, in coopera- fore conducting commercial air tour tion with the Director, shall take into operations over a national park or trib- consideration the provisions of the air al lands that are within or abut a na- tour management plan, the number of tional park. The Administrator shall existing commercial air tour operators make every effort to act on such appli- and current level of service and equip- cation for a new entrant and issue a de- ment provided by any such operators, cision on the application not later than and the financial viability of each com- 24 months after it is received or amend- mercial air tour operation.
ed.
(d) Cooperation with National Park Service. Before granting an application [Docket FAA–2001–8690, 67 FR 65667, Oct. 25, under this subpart, the Administrator, 2002. Redesignated and amended by Amdt.
in cooperation with the Director, shall 136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72 FR 31450, June 7, 2007] develop an air tour management plan VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00570 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 136.41 (5) Shall provide for the initial allo- § 136.39 Air tour management plans (ATMP). cation of opportunities to conduct commercial air tour operations if the (a) Establishment. The Administrator, plan includes a limitation on the num- in cooperation with the Director, shall ber of commercial air tour operations establish an air tour management plan for any time period; and for any national park or tribal land for (6) Shall justify and document the which such a plan is not in effect when- need for measures taken pursuant to ever a person applies for authority to paragraphs (c)(1) through (c)(5) of this conduct a commercial air tour oper- section and include such justification ation over the park. The air tour man- in the record of decision.
agement plan shall be developed by (d) Procedure. In establishing an means of a public process in accord- ATMP for a national park or tribal ance with paragraph (d) of this section.
lands, the Administrator and Director The objective of any air tour manage- shall— ment plan is to develop acceptable and (1) Hold at least one public meeting effective measures to mitigate or pre- with interested parties to develop the vent the significant adverse impacts, if air tour management plan; any, of commercial air tour operations (2) Publish the proposed plan in the upon the natural and cultural re- F EDERAL R EGISTER for notice and com- sources, visitor experiences, and tribal ment and make copies of the proposed lands.
plan available to the public; (b) Environmental determination. In es- (3) Comply with the regulations set tablishing an air tour management forth in 40 CFR 1501.3 and 1501.5 plan under this section, the Adminis- through 1501.8 (for the purposes of com- trator and the Director shall each sign plying with 40 CFR 1501.3 and 1501.5 the environmental decision document through 1501.8, the Federal Aviation required by section 102 of the National Administration is the lead agency and Environmental Policy Act of 1969 (42 the National Park Service is a cooper- U.S.C. 4332) which may include a find- ating agency); and ing of no significant impact, an envi- (4) Solicit the participation of any ronmental assessment, or an environ- Indian tribe whose tribal lands are, or mental impact statement and the may be, overflown by aircraft involved record of decision for the air tour man- in a commercial air tour operation agement plan.
over the park or tribal lands to which (c) Contents. An air tour management the plan applies, as a cooperating agen- plan for a park— cy under the regulations referred to in (1) May prohibit commercial air tour paragraph (d)(3) of this section.
operations in whole or in part; (e) Amendments. The Administrator, (2) May establish conditions for the in cooperation with the Director, may conduct of commercial air tour oper- make amendments to an air tour man- ations, including, but not limited to, agement plan. Any such amendments commercial air tour routes, maximum will be published in the F EDERAL R EG - number of flights per unit of time, ISTER for notice and comment. A re- maximum and minimum altitudes, quest for amendment of an ATMP will time of day restrictions, restrictions be made in accordance with § 11.25 of for particular events, intrusions on pri- this chapter as a petition for rule- vacy on tribal lands, and mitigation of making.
noise, visual, or other impacts; [Docket FAA–2001–8690, 67 FR 65667, Oct. 25, (3) Shall apply to all commercial air 2002. Redesignated by Amdt. 136–1, 72 FR tour operations within ⁄2 mile outside 6912, Feb. 13, 2007] the boundary of a national park; § 136.41 Interim operating authority.
(4) Shall include incentives (such as preferred commercial air tour routes (a) General. Upon application for op- and altitudes, and relief from caps and erating authority, the Administrator curfews) for the adoption of quiet tech- shall grant interim operating author- nology aircraft by commercial air tour ity under this section to a commercial operators conducting commercial air air tour operator for commercial air tour operations at the park; tour operations over a national park or VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00571 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) §§ 136.43–136.49 tribal land for which the operator is an operations over the park or tribal existing commercial air tour operator. lands.
(b) Requirements and limitations. In- (1) Limitation. The Administrator terim operating authority granted may not grant interim operating au- under this section— thority under this paragraph (c) if the (1) Shall provide annual authoriza- Administrator determines that it tion only for the greater of— would create a safety problem at the park or on the tribal lands, or if the Di- (i) The number of flights used by the rector determines that it would create operator to provide the commercial air a noise problem at the park or on the tour operations within the 12-month tribal lands.
period prior to April 5, 2000; or (2) ATMP limitation. The Adminis- (ii) The average number of flights per trator may grant interim operating au- 12-month period used by the operator thority under this paragraph (c) only if to provide such operations within the the ATMP for the park or tribal lands 36-month period prior to April 5, 2000, to which the application relates has and for seasonal operations, the num- not been developed within 24 months ber of flights so used during the season after April 5, 2000.
or seasons covered by that 12-month period; [Docket FAA–2001–8690, 67 FR 65667, Oct. 25, (2) May not provide for an increase in 2002. Redesignated by Amdt. 136–1, 72 FR the number of commercial air tour op- 6912, Feb. 13, 2007] erations conducted during any time pe- §§ 136.43–136.49 [Reserved] riod by the commercial air tour oper- ator above the number the air tour op- erator was originally granted unless Subpart C—Grand Canyon such an increase is agreed to by the National Park Administrator and the Director; (3) Shall be published in the F EDERAL §§ 136.51–136.69 [Reserved] R EGISTER to provide notice and oppor- tunity for comment; Subpart D—Special Operating (4) May be revoked by the Adminis- Rules for Air Tour Operators in trator for cause; the State of Hawaii (5) Shall terminate 180 days after the date on which an air tour management S OURCE : Docket FAA–2022–1563, Amdt. 136– plan is established for the park and 2, 88 FR 48092, July 26, 2023, unless otherwise tribal lands; noted.
(6) Shall promote protection of na- tional park resources, visitor experi- § 136.71 Applicability.
ences, and tribal lands; (a) Except as provided in paragraph (7) Shall promote safe commercial air (b) of this section, this subpart pre- tour operations; scribes operating rules for air tour (8) Shall promote the adoption of flights conducted in airplanes, pow- quiet technology, as appropriate, and ered-lift, or rotorcraft under visual (9) Shall allow for modifications of flight rules in the State of Hawaii pur- the interim operating authority based suant to parts 91, 121, and 135 of this on experience if the modification im- chapter.
proves protection of national park re- (b) This subpart does not apply to: sources and values and of tribal lands.
(1) Operations conducted under part (c) New entrant operators. The Admin- 121 of this chapter in airplanes with a istrator, in cooperation with the Direc- passenger seating configuration of tor, may grant interim operating au- more than 30 seats or a payload capac- thority under this paragraph (c) to an ity of more than 7,500 pounds.
air tour operator for a national park or (2) Flights conducted in gliders or tribal lands for which that operator is hot air balloons.
a new entrant air tour operator if the Administrator determines the author- § 136.73 Definitions.
ity is necessary to ensure competition in the provision of commercial air tour For the purposes of this subpart: VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00572 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT Pt. 137 Air tour means any sightseeing flight (d) Minimum flight altitudes. Except conducted under visual flight rules in when necessary for takeoff and land- an airplane, powered-lift, or rotorcraft ing, or operating in compliance with an for compensation or hire. air traffic control clearance, or as oth- erwise authorized by the Adminis- Air tour operator means any person trator, no person may conduct an air who conducts an air tour.
tour in Hawaii: § 136.75 Equipment and requirements. (1) Below an altitude of 1,500 feet above the surface over all areas of the (a) Flotation equipment. No person State of Hawaii; may conduct an air tour in Hawaii in a (2) Closer than 1,500 feet to any per- single-engine rotorcraft beyond the son or property; or shore of any island, regardless of (3) Below any altitude prescribed by whether the rotorcraft is within glid- Federal statute or regulation.
ing distance of the shore, unless: (e) Passenger briefing. Before takeoff, (1) The rotorcraft is amphibious or is each PIC of an air tour flight of Hawaii equipped with floats adequate to ac- with a flight segment beyond the ocean complish a safe emergency ditching shore of any island shall ensure that and approved flotation gear is easily each passenger has been briefed on the accessible for each occupant; or following, in addition to requirements (2) Each person on board the rotor- set forth in § 91.107, § 121.571, or § 135.117 craft is wearing approved flotation of this chapter: gear.
(1) Water ditching procedures; (b) Performance plan. Each operator (2) Use of required flotation equip- must complete a performance plan that ment; and meets the requirements of this para- (3) Emergency egress from the air- graph (b) before each air tour flight craft in event of a water landing.
conducted in a rotorcraft.
[Docket FAA–2022–1563, Amdt. 136–2, 88 FR (1) The performance plan must be 48092, July 26, 2023, as amended by Docket based on information from the current FAA–2023–1275, Amdt. 136–4, 89 FR 92488, Nov.
approved aircraft flight manual for 21, 2024] that aircraft, considering the max- imum density altitude for which the PART 137—AGRICULTURAL operation is planned to determine the AIRCRAFT OPERATIONS following: (i) Maximum gross weight and center Subpart A—General of gravity (CG) limitations for hov- Sec.
ering in ground effect; 137.1 Applicability.
(ii) Maximum gross weight and CG 137.3 Definition of terms.
limitations for hovering out of ground effect; and Subpart B—Certification Rules (iii) Maximum combination of 137.11 Certificate required.
weight, altitude, and temperature for 137.15 Application for certificate.
which height-velocity information 137.17 Amendment of certificate.
from the performance data is valid.
137.19 Certification requirements.
(2) The pilot in command (PIC) must 137.21 Duration of certificate.
comply with the performance plan.
137.23 Carriage of narcotic drugs, mari- huana, and depressant or stimulant drugs (c) Operating limitations. Except for or substances.
approach to and transition from a hover, and except for the purpose of Subpart C—Operating Rules takeoff and landing, the PIC of a rotor- craft may only operate such aircraft at 137.29 General.
137.31 Aircraft requirements.
a combination of height and forward 137.33 Carrying of certificate.
speed (including hover) that would per- 137.35 Limitations on private agricultural mit a safe landing in event of engine aircraft operator.
power loss, in accordance with the 137.37 Manner of dispensing.
height-speed envelope for that rotor- 137.39 Economic poison dispensing.
craft under current weight and aircraft 137.40 Employment of former FAA employ- altitude. ees.
VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00573 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR