14 CFR Ch. I (1–1–21 Edition)

Pt. 136 14 CFR Ch. I (1–1–21 Edition)

(h) Enhanced Continuing Analysis and Sur- with the running average consumption to veillance System (E–CASS) program. A certifi- identify sudden increases. cate holder’s existing CASS must be en- (l) APU in-flight start program. If an APU is hanced to include all elements of the ETOPS required for ETOPS, but is not required to maintenance program. In addition to the re- run during the ETOPS portion of the flight, porting requirements of § 135.415 and § 135.417, the certificate holder must have a program the program includes reporting procedures, acceptable to the FAA for cold soak in-flight in the form specified in § 135.415(e), for the start and run reliability. following significant events detrimental to (m) Maintenance training. For each air- ETOPS within 96 hours of the occurrence to plane-engine combination, the certificate the responsible Flight Standards office: (1) IFSDs, except planned IFSDs performed holder must develop a maintenance training for flight training. program to ensure that it provides training (2) Diversions and turnbacks for failures, adequate to support ETOPS. It must include malfunctions, or defects associated with any ETOPS specific training for all persons in- airplane or engine system. volved in ETOPS maintenance that focuses (3) Uncommanded power or thrust changes on the special nature of ETOPS. This train- or surges. ing must be in addition to the operator’s (4) Inability to control the engine or obtain maintenance training program used to qual- desired power or thrust. ify individuals for specific airplanes and en- (5) Inadvertent fuel loss or unavailability, gines. or uncorrectable fuel imbalance in flight. (n) Configuration, maintenance, and proce- (6) Failures, malfunctions or defects asso- dures (CMP) document. The certificate holder ciated with ETOPS Significant Systems. must use a system to ensure compliance (7) Any event that would jeopardize the with the minimum requirements set forth in safe flight and landing of the airplane on an the current version of the CMP document for ETOPS flight. each airplane-engine combination that has a (i) Propulsion system monitoring. The certifi- CMP. cate holder, in coordination with the respon- (o) Reporting. The certificate holder must sible Flight Standards office, must— report quarterly to the responsible Flight (1) Establish criteria as to what action is to be taken when adverse trends in propul- Standards office and the airplane and engine sion system conditions are detected, and manufacturer for each airplane authorized (2) Investigate common cause effects or for ETOPS. The report must provide the op- systemic errors and submit the findings to erating hours and cycles for each airplane. the responsible Flight Standards office with- G135.2.9 Delayed compliance date for all air- in 30 days. planes. A certificate holder need not comply (j) Engine condition monitoring. (1) The cer- with this appendix for any airplane until Au- tificate holder must establish an engine-con- gust 13, 2008. dition monitoring program to detect deterio- [Doc. No. FAA–2002–6717, 72 FR 1885, Jan. 16, ration at an early stage and to allow for cor- 2007, as amended by Amdt. 135–108, 72 FR rective action before safe operation is af- 7348, Feb. 15, 2007; 72 FR 26542, May 10, 2007; fected. (2) This program must describe the param- Amdt. 135–112, 73 FR 8798, Feb. 15, 2008; Amdt. eters to be monitored, the method of data 135–115, 73 FR 33882, June 16, 2008; Docket collection, the method of analyzing data, and FAA–2018–0119, Amdt. 135–139, 83 FR 9175, the process for taking corrective action. Mar. 5, 2018] (3) The program must ensure that engine limit margins are maintained so that a pro- PART 136—COMMERCIAL AIR longed engine-inoperative diversion may be conducted at approved power levels and in TOURS AND NATIONAL PARKS all expected environmental conditions with- AIR TOUR MANAGEMENT out exceeding approved engine limits. This includes approved limits for items such as Subpart A—National Air Tour Safety rotor speeds and exhaust gas temperatures. Standards (k) Oil consumption monitoring. The certificate holder must develop an engine oil con- Sec. sumption monitoring program to ensure that 136.1 Applicability and definitions. there is enough oil to complete each ETOPS 136.3 Letters of Authorization. flight. APU oil consumption must be in- 136.5 Additional requirements for Hawaii. cluded if an APU is required for ETOPS. The operator’s consumption limit may not ex- 136.7 Passenger briefings. ceed the manufacturer’s recommendation. 136.9 Life preservers for over water. Monitoring must be continuous and include 136.11 Helicopter floats for over water. oil added at each ETOPS departure point. 136.13 Helicopter performance plan and op- The program must compare the amount of erations. oil added at each ETOPS departure point 136.15–136.29 [Reserved]

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Subpart B—National Parks Air Tour (d) For the purposes of this subpart Management the following definitions apply: Commercial Air Tour means a flight 136.31 Applicability. conducted for compensation or hire in 136.33 Definitions. 136.35 Prohibition of commercial air tour an airplane or helicopter where a pur- operations over the Rocky Mountain Na- pose of the flight is sightseeing. The tional Park. FAA may consider the following fac- 136.37 Overflights of national parks and tors in determining whether a flight is tribal lands. a commercial air tour for purposes of 136.39 Air tour management plans (ATMP). this subpart: 136.41 Interim operating authority. (1) Whether there was a holding out 136.43–136.49 [Reserved] to the public of willingness to conduct Subpart C—Grand Canyon National Park a sightseeing flight for compensation or hire; 136.51–136.69 [Reserved] (2) Whether the person offering the APPENDIX A TO PART 136—SPECIAL OPERATING flight provided a narrative that re- RULES FOR AIR TOUR OPERATORS IN THE ferred to areas or points of interest on STATE OF HAWAII the surface below the route of the AUTHORITY: 49 U.S.C. 106(g), 40113, 40119, flight; 44101, 44701, 44701–44702, 44705, 44709–44711, (3) The area of operation; 44713, 44716–44717, 44722, 44901, 44903–44904, (4) How often the person offering the 44912, 46105. flight conducts such flights; SOURCE: Docket No. FAA–2001–8690, 67 FR (5) The route of the flight; 65667, Oct. 25, 2002, unless otherwise noted. (6) The inclusion of sightseeing flights as part of any travel arrange- Subpart A—National Air Tour ment package; Safety Standards (7) Whether the flight in question would have been canceled based on SOURCE: Docket No. FAA–1998–4521, 72 FR poor visibility of the surface below the 6912, Feb. 13, 2007, unless otherwise noted. route of the flight; and (8) Any other factors that the FAA § 136.1 Applicability and definitions. considers appropriate. (a) This subpart applies to each per- Commercial Air Tour operator means son operating or intending to operate a any person who conducts a commercial commercial air tour in an airplane or air tour. helicopter and, when applicable, to all Life preserver means a flotation de- occupants of the airplane or helicopter vice used by an aircraft occupant if the engaged in a commercial air tour. aircraft ditches in water. If an inflat- When any requirement of this subpart able device, it must be un-inflated and is more stringent than any other re- ready for its intended use once in- quirement of this chapter, the person flated. In evaluating whether a non-in- operating the commercial air tour flatable life preserver is acceptable to must comply with the requirement in the FAA, the operator must dem- this subpart. onstrate to the FAA that such a pre- (b) As of September 11, 2007, this sub- server can be used during an evacu- part is applicable to: ation and will allow all passengers to (1) Part 121 or 135 operators con- exit the aircraft without blocking the ducting a commercial air tour and exit. Each occupant must have the holding a part 119 certificate; physical capacity to wear and inflate (2) Part 91 operators conducting the type of device used once briefed by flights as described in § 119.1(e)(2); and the commercial air tour operator. Seat (3) Part 91 operators conducting cushions do not meet this definition. flights as described in 14 CFR 91.146 Raw terrain means any area on the (c) This subpart is not applicable to surface, including water, devoid of any operations conducted in balloons, glid- person, structure, vehicle, or vessel. ers (powered or un-powered), para- Shoreline means that area of the land chutes (powered or un-powered), gyro- adjacent to the water of an ocean, sea, planes, or airships. lake, pond, river or tidal basin that is

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above the high water mark and ex- § 136.9 Life preservers for over water. cludes land areas unsuitable for land- (a) Except as provided in paragraphs ing such as vertical cliffs or land inter- (b) or (c) of this section, the operator mittently under water during the par- and pilot in command of commercial ticular flight. air tours over water beyond the shore- Suitable landing area for helicopters line must ensure that each occupant is means an area that provides the oper- wearing a life preserver from before ator reasonable capability to land takeoff until flight is no longer over without damage to equipment or injury water. to persons. Suitable landing areas must (b) The operator and pilot in com- be site-specific, designated by the oper- mand of a commercial air tour over ator, and accepted by the FAA. These water beyond the shoreline must en- site-specific areas would provide an sure that a life preserver is readily emergency landing area for a single-en- available for its intended use and eas- gine helicopter or a multiengine heli- ily accessible to each occupant if: (1) The aircraft is equipped with copter that does not have the capa- floats; or bility to reach a safe landing area after (2) The airplane is within power-off an engine power loss. gliding distance to the shoreline for (e) In an in-flight emergency requir- the duration of the time that the flight ing immediate action, the pilot in com- is over water. mand may deviate from any rule of (3) The aircraft is a multi engine that this subpart to the extent required to can be operated with the critical en- meet that emergency. gine inoperative at a weight that will allow it to climb, at least 50 feet a § 136.3 Letters of Authorization. minute, at an altitude of 1,000 feet Operators subject to this subpart who above the surface, as provided in the have Letters of Authorization may use Airplane Flight Manual or the Rotor- the procedures described in 14 CFR craft Flight Manual, as appropriate. 119.51 to amend or have the FAA recon- (c) No life preserver is required if the sider those Letters of Authorization. overwater operation is necessary only for takeoff or landing. § 136.5 Additional requirements for Hawaii. § 136.11 Helicopter floats for over water. No person may conduct a commercial (a) A helicopter used in commercial air tour in the State of Hawaii unless air tours over water beyond the shore- they comply with the additional re- line must be equipped with fixed floats quirements and restrictions in appen- or an inflatable flotation system ade- dix A to part 136. quate to accomplish a safe emergency ditching, if— § 136.7 Passenger briefings. (1) It is a single-engine helicopter; or (a) Before takeoff each pilot in com- (2) It is a multi-engine helicopter mand shall ensure that each passenger that cannot be operated with the crit- has been briefed on the following: ical engine inoperative at a weight (1) Procedures for fastening and un- that will allow it to climb, at least 50 fastening seatbelts; feet a minute, at an altitude of 1,000 (2) Prohibition on smoking; and feet above the surface, as provided in (3) Procedures for opening exits and the Rotorcraft Flight Manual (RFM). (b) Each helicopter that is required exiting the aircraft. to be equipped with an inflatable flota- (b) For flight segments over water tion system must have: beyond the shoreline, briefings must (1) The activation switch for the flo- also include: tation system on one of the primary (1) Procedures for water ditching; flight controls, and (2) Use of required life preservers; and (2) The flotation system armed when (3) Procedures for emergency exit the helicopter is over water and is fly- from the aircraft in the event of a ing at a speed that does not exceed the water landing. maximum speed prescribed in the

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Rotorcraft Flight Manual for flying must operate the helicopter in compli- with the flotation system armed. ance with the plan described in para- (c) Fixed floats or an inflatable flota- graph (b) of this section. tion system is not required for a helicopter under this section if: §§ 136.15–136.29 [Reserved] (1) The helicopter is over water only during the takeoff or landing portion of Subpart B—National Parks Air Tour the flight, or Management (2) The helicopter is operated within power-off gliding distance to the shoreline for the duration of the flight and SOURCE: Docket No. FAA–1998–4521, 72 FR 6912, Feb. 13, 2007, unless otherwise noted. each occupant is wearing a life preserver from before takeoff until the § 136.31 Applicability. aircraft is no longer over water. (d) Air tour operators required to (a) This part restates and para- comply with paragraphs (a) and/or (b) phrases several sections of the Na- of this section must meet these re- tional Parks Air Tour Management Act quirements on or before September 5, of 2000, including section 803 (codified 2008. at 49 U.S.C. 40128) and sections 806 and 809. This subpart clarifies the require- § 136.13 Helicopter performance plan ments for the development of an air and operations. tour management plan for each park in (a) Each operator must complete a the national park system where com- performance plan before each heli- mercial air tour operations are flown. copter commercial air tour, or flight (b) Except as provided in paragraph operated under 14 CFR 91.146 or 91.147. (c) of this section, this subpart applies The pilot in command must review for to each commercial air tour operator accuracy and comply with the perform- who conducts a commercial air tour ance plan on the day the flight is operation over— flown. The performance plan must be (1) A unit of the national park sys- based on the information in the Rotor- tem; craft Flight Manual (RFM) for that (2) Tribal lands as defined in this sub- helicopter, taking into consideration part; or the maximum density altitude for (3) Any area within one-half mile which the operation is planned, in outside the boundary of any unit of the order to determine: national park system. (1) Maximum gross weight and center (c) This subpart does not apply to a of gravity (CG) limitations for hov- commercial air tour operator con- ering in ground effect; ducting a commercial air tour oper- (2) Maximum gross weight and CG ation— limitations for hovering out of ground (1) Over the Grand Canyon National effect; and Park; (3) Maximum combination of weight, (2) Over that portion of tribal lands altitude, and temperature for which within or abutting the Grand Canyon height/velocity information in the National Park; RFM is valid. (3) Over any land or waters located in (b) Except for the approach to and the State of Alaska; or transition from a hover for the purpose (4) While flying over or near the Lake of takeoff and landing, or during take- Mead Recreation Area, solely as a off and landing, the pilot in command transportation route, to conduct a must make a reasonable plan to oper- commercial air tour over the Grand ate the helicopter outside of the cau- Canyon National Park. tion/warning/avoid area of the limiting height/velocity diagram. [Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25, (c) Except for the approach to and 2002. Redesignated and amended by Amdt. transition from a hover for the purpose 136–1, 72 FR 6912, Feb. 13, 2007] of takeoff and landing, during takeoff and landing, or when necessary for § 136.33 Definitions. safety of flight, the pilot in command For purposes of this subpart—

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(a) Commercial air tour operator means (iv) The frequency of flights con- any person who conducts a commercial ducted by the person offering the air tour operation. flight; (b) Existing commercial air tour oper- (v) The route of flight; ator means a commercial air tour oper- (vi) The inclusion of sightseeing ator that was actively engaged in the flights as part of any travel arrange- business of providing commercial air ment package offered by the person of- tour operations over a national park at fering the flight; any time during the 12-month period (vii) Whether the flight would have ending on April 5, 2000. been canceled based on poor visibility (c) New entrant commercial air tour op- of the surface below the route of the erator means a commercial air tour op- flight; and erator that— (viii) Any other factors that the Ad- (1) Applies for operating authority as ministrator and Director consider ap- a commercial air tour operator for a propriate. national park or tribal lands; and (3) For purposes of § 136.35, means any (2) Has not engaged in the business of flight conducted for compensation or providing commercial air tour oper- hire in a powered aircraft where a pur- ations over the national park or tribal pose of the flight is sightseeing over a lands for the 12-month period preceding national park. enactment. (e) National park means any unit of 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- 1 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. eration of an aircraft as determined (i) Superintendent means the duly ap- under the rules and regulations of the pointed representative of the National Federal Aviation Administration re- Park Service for a particular unit of quiring the pilot-in-command to take the national park system. action to ensure the safe operation of the aircraft); [Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25, (ii) Less than 1 mile laterally from 2002. Redesignated and amended by Amdt. 136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72 any geographic feature within the park FR 31450, June 7, 2007] (unless more than 1⁄2 mile outside the boundary); or § 136.35 Prohibition of commercial air (iii) Except as provided in § 136.35. tour operations over the Rocky (2) The Administrator may consider Mountain National Park. the following factors in determining All commercial air tour operations in whether a flight is a commercial air the airspace over the Rocky Mountain tour operation for purposes of this sub- National Park are prohibited regard- part— less of altitude. (i) Whether there was a holding out [Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25, to the public of willingness to conduct 2002. Redesignated by Amdt. 136–1, 72 FR a sightseeing flight for compensation 6912, Feb. 13, 2007] or hire; (ii) Whether a narrative that referred § 136.37 Overflights of national parks to areas or points of interest on the and tribal lands. surface below the route of the flight (a) General. A commercial air tour was provided by the person offering the operator may not conduct commercial flight; air tour operations over a national (iii) The area of operation; park or tribal land except—

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(1) In accordance with this section; scribing the conditions under which (2) In accordance with conditions and the operations will be conducted; and limitations prescribed for that oper- (3) The number of operations under ator by the Administrator; and this exception is limited to not more (3) In accordance with any applicable than a total of 5 flights by all opera- air tour management plan for the park tors in any 30-day period over a par- or tribal lands. ticular park. (b) Application for operating authority. (h) Special rule for safety requirement. Before commencing commercial air Notwithstanding § 136.41, an existing tour operations over a national park or commercial air tour operator shall tribal lands, a commercial air tour op- apply, not later than January 23, 2003 erator shall apply to the Administrator for operating authority under part 119 for authority to conduct the operations of this chapter, for certification under over the park or tribal lands. part 121 or part 135 of this chapter. A (c) Number of operations authorized. In new entrant commercial air tour oper- determining the number of authoriza- ator shall apply for such authority be- tions to issue to provide commercial fore conducting commercial air tour air tour operations over a national operations over a national park or trib- park, the Administrator, in coopera- al lands that are within or abut a na- tion with the Director, shall take into tional park. The Administrator shall consideration the provisions of the air make every effort to act on such appli- tour management plan, the number of cation for a new entrant and issue a de- existing commercial air tour operators cision on the application not later than and current level of service and equip- 24 months after it is received or amendment provided by any such operators, ed. and the financial viability of each commercial air tour operation. [Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25, (d) Cooperation with National Park 2002. Redesignated and amended by Amdt. Service. Before granting an application 136–1, 72 FR 6912, Feb. 13, 2007; Amdt. 136–1, 72 under this subpart, the Administrator, FR 31450, June 7, 2007] in cooperation with the Director, shall develop an air tour management plan § 136.39 Air tour management plans (ATMP). in accordance with § 136.39 and imple- ment such a plan. (a) Establishment. The Administrator, (e) Time limit on response to applica- in cooperation with the Director, shall tions. Every effort will be made to act establish an air tour management plan on any application under this subpart for any national park or tribal land for and issue a decision on the application which such a plan is not in effect when- not later than 24 months after it is re- ever a person applies for authority to ceived or amended. conduct a commercial air tour oper- (f) Priority. In acting on applications ation over the park. The air tour man- under this paragraph to provide com- agement plan shall be developed by mercial air tour operations over a na- means of a public process in accord- tional park, the Administrator shall ance with paragraph (d) of this section. give priority to an application under The objective of any air tour manage- this paragraph in any case where a new ment plan is to develop acceptable and entrant commercial air tour operator effective measures to mitigate or pre- is seeking operating authority with re- vent the significant adverse impacts, if spect to that national park. any, of commercial air tour operations (g) Exception. Notwithstanding this upon the natural and cultural re- section, commercial air tour operators sources, visitor experiences, and tribal may conduct commercial air tour oper- lands. ations over a national park under part (b) Environmental determination. In es- 91 of this chapter if— tablishing an air tour management (1) Such activity is permitted under plan under this section, the Adminis- part 119 of this chapter; trator and the Director shall each sign (2) The operator secures a letter of the environmental decision document agreement from the Administrator and required by section 102 of the National the Superintendent for that park de- Environmental Policy Act of 1969 (42

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U.S.C. 4332) which may include a find- the National Park Service is a cooper- ing of no significant impact, an envi- ating agency); and ronmental assessment, or an environ- (4) Solicit the participation of any mental impact statement and the Indian tribe whose tribal lands are, or record of decision for the air tour man- may be, overflown by aircraft involved agement plan. in a commercial air tour operation (c) Contents. An air tour management over the park or tribal lands to which plan for a park— the plan applies, as a cooperating agen- (1) May prohibit commercial air tour cy under the regulations referred to in operations in whole or in part; paragraph (d)(3) of this section. (2) May establish conditions for the (e) Amendments. The Administrator, conduct of commercial air tour oper- in cooperation with the Director, may ations, including, but not limited to, make amendments to an air tour man- commercial air tour routes, maximum agement plan. Any such amendments number of flights per unit of time, will be published in the FEDERAL REG- maximum and minimum altitudes, ISTER for notice and comment. A re- time of day restrictions, restrictions quest for amendment of an ATMP will for particular events, intrusions on pri- be made in accordance with § 11.25 of vacy on tribal lands, and mitigation of this chapter as a petition for rule- noise, visual, or other impacts; making. (3) Shall apply to all commercial air [Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25, tour operations within 1⁄2 mile outside 2002. Redesignated by Amdt. 136–1, 72 FR the boundary of a national park; 6912, Feb. 13, 2007] (4) Shall include incentives (such as preferred commercial air tour routes § 136.41 Interim operating authority. and altitudes, and relief from caps and (a) General. Upon application for op- curfews) for the adoption of quiet tech- erating authority, the Administrator nology aircraft by commercial air tour shall grant interim operating author- operators conducting commercial air ity under this section to a commercial tour operations at the park; air tour operator for commercial air (5) Shall provide for the initial allo- tour operations over a national park or cation of opportunities to conduct tribal land for which the operator is an commercial air tour operations if the existing commercial air tour operator. plan includes a limitation on the num- (b) Requirements and limitations. In- ber of commercial air tour operations terim operating authority granted for any time period; and under this section— (6) Shall justify and document the (1) Shall provide annual authoriza- need for measures taken pursuant to tion only for the greater of— paragraphs (c)(1) through (c)(5) of this (i) The number of flights used by the section and include such justification operator to provide the commercial air in the record of decision. tour operations within the 12-month (d) Procedure. In establishing an period prior to April 5, 2000; or ATMP for a national park or tribal (ii) The average number of flights per lands, the Administrator and Director 12-month period used by the operator shall— to provide such operations within the (1) Hold at least one public meeting 36-month period prior to April 5, 2000, with interested parties to develop the and for seasonal operations, the num- air tour management plan; ber of flights so used during the season (2) Publish the proposed plan in the or seasons covered by that 12-month FEDERAL REGISTER for notice and com- period; ment and make copies of the proposed (2) May not provide for an increase in plan available to the public; the number of commercial air tour op- (3) Comply with the regulations set erations conducted during any time pe- forth in 40 CFR 1501.3 and 1501.5 riod by the commercial air tour oper- through 1501.8 (for the purposes of com- ator above the number the air tour op- plying with 40 CFR 1501.3 and 1501.5 erator was originally granted unless through 1501.8, the Federal Aviation such an increase is agreed to by the Administration is the lead agency and Administrator and the Director;

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(3) Shall be published in the FEDERAL §§ 136.43–136.49 [Reserved] REGISTER to provide notice and oppor- tunity for comment; Subpart C—Grand Canyon (4) May be revoked by the Adminis- National Park trator for cause; (5) Shall terminate 180 days after the §§ 136.51–136.69 [Reserved] date on which an air tour management plan is established for the park and tribal lands; (6) Shall promote protection of na- APPENDIX A TO PART 136—SPECIAL OP- tional park resources, visitor experi- ERATING RULES FOR AIR TOUR OPER- ences, and tribal lands; ATORS IN THE STATE OF HAWAII (7) Shall promote safe commercial air Section 1. Applicability. This appendix pre- tour operations; scribes operating rules for airplane and heli- (8) Shall promote the adoption of copter visual flight rules air tour flights conducted in the State of Hawaii under 14 CFR quiet technology, as appropriate, and parts 91, 121, and 135. This appendix does not (9) Shall allow for modifications of apply to: the interim operating authority based (a) Operations conducted under 14 CFR on experience if the modification im- part 121 in airplanes with a passenger seating proves protection of national park re- configuration of more than 30 seats or a pay- sources and values and of tribal lands. load capacity of more than 7,500 pounds. (b) Flights conducted in gliders or hot air (c) New entrant operators. The Admin- balloons. istrator, in cooperation with the Direc- Section 2. Definitions. For the purposes of tor, may grant interim operating au- this appendix: thority under this paragraph (c) to an ‘‘Air tour’’ means any sightseeing flight air tour operator for a national park or conducted under visual flight rules in an airplane or helicopter for compensation or hire. tribal lands for which that operator is ‘‘Air tour operator’’ means any person who a new entrant air tour operator if the conducts an air tour. Administrator determines the author- Section 3. Helicopter flotation equipment. No ity is necessary to ensure competition person may conduct an air tour in Hawaii in in the provision of commercial air tour a single-engine helicopter beyond the shore operations over the park or tribal of any island, regardless of whether the helicopter is within gliding distance of the lands. shore, unless: (1) Limitation. The Administrator (a) The helicopter is amphibious or is may not grant interim operating au- equipped with floats adequate to accomplish thority under this paragraph (c) if the a safe emergency ditching and approved flo- Administrator determines that it tation gear is easily accessible for each occupant; or would create a safety problem at the (b) Each person on board the helicopter is park or on the tribal lands, or if the Di- wearing approved flotation gear. rector determines that it would create Section 4. Helicopter performance plan. Each a noise problem at the park or on the operator must complete a performance plan tribal lands. before each helicopter air tour flight. The performance plan must be based on the infor- (2) ATMP limitation. The Adminis- mation in the Rotorcraft Flight Manual trator may grant interim operating au- (RFM), considering the maximum density al- thority under this paragraph (c) only if titude for which the operation is planned for the ATMP for the park or tribal lands the flight to determine the following: to which the application relates has (a) Maximum gross weight and center of not been developed within 24 months gravity (CG) limitations for hovering in ground effect; after April 5, 2000. (b) Maximum gross weight and CG limita- [Doc. No. FAA–2001–8690, 67 FR 65667, Oct. 25, tions for hovering out of ground effect; and, 2002. Redesignated by Amdt. 136–1, 72 FR (c) Maximum combination of weight, alti- 6912, Feb. 13, 2007] tude, and temperature for which height-velocity information in the RFM is valid. The pilot in command (PIC) must comply with the performance plan. Section 5. Helicopter Operating Limitations. Except for approach to and transition from a

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hover, and except for the purpose of takeoff 137.40 Employment of former FAA employ- and landing, the PIC shall operate the heli- ees. copter at a combination of height and for- 137.41 Personnel. ward speed (including hover) that would per- 137.42 Fastening of safety belts and shoul- mit a safe landing in event of engine power der harnesses. loss, in accordance with the height-speed en- 137.43 Operations in controlled airspace des- velope for that helicopter under current ignated for an airport. weight and aircraft altitude. 137.45 Nonobservance of airport traffic pat- Section 6. Minimum flight altitudes. Except tern. when necessary for takeoff and landing, or 137.47 Operation without position lights. operating in compliance with an air traffic 137.49 Operations over other than congested control clearance, or as otherwise authorized areas. by the Administrator, no person may con- 137.51 Operation over congested areas: Gen- duct an air tour in Hawaii: eral. (a) Below an altitude of 1,500 feet above the 137.53 Operation over congested areas: Pi- surface over all areas of the State of Hawaii, lots and aircraft. and, 137.55 Business name: Commercial agricul- (b) Closer than 1,500 feet to any person or tural aircraft operator. property; or, 137.57 Availability of certificate. 137.59 Inspection authority. (c) Below any altitude prescribed by federal statute or regulation. Subpart D—Records and Reports Section 7. Passenger briefing. Before takeoff, each PIC of an air tour flight of Hawaii with 137.71 Records: Commercial agricultural a flight segment beyond the ocean shore of aircraft operator. any island shall ensure that each passenger 137.75 Change of address. has been briefed on the following, in addition 137.77 Termination of operations. to requirements set forth in 14 CFR 91.107, 121.571, or 135.117: AUTHORITY: 49 U.S.C. 106(g), 40103, 40113, (a) Water ditching procedures; 44701–44702. (b) Use of required flotation equipment; SOURCE: Docket No. 1464, 30 FR 8106, June and 24, 1965, unless otherwise noted. (c) Emergency egress from the aircraft in event of a water landing. Subpart A—General [Doc. No. FAA–1998–4521, 72 FR 6914, Feb. 13, 2007] § 137.1 Applicability. (a) This part prescribes rules gov- PART 137—AGRICULTURAL erning— AIRCRAFT OPERATIONS (1) Agricultural aircraft operations within the United States; and Subpart A—General (2) The issue of commercial and private agricultural aircraft operator cer- Sec. tificates for those operations. 137.1 Applicability. (b) In a public emergency, a person 137.3 Definition of terms. conducting agricultural aircraft oper- Subpart B—Certification Rules ations under this part may, to the extent necessary, deviate from the oper- 137.11 Certificate required. ating rules of this part for relief and 137.15 Application for certificate. welfare activities approved by an agen- 137.17 Amendment of certificate. cy of the United States or of a State or 137.19 Certification requirements. local government. 137.21 Duration of certificate. (c) Each person who, under the au- 137.23 Carriage of narcotic drugs, mari- thority of this section, deviates from a huana, and depressant or stimulant drugs or substances. rule of this part shall, within 10 days after the deviation send to the respon- Subpart C—Operating Rules sible Flight Standards office a complete report of the aircraft operation 137.29 General. involved, including a description of the 137.31 Aircraft requirements. operation and the reasons for it. 137.33 Carrying of certificate. 137.35 Limitations on private agricultural [Doc. No. 1464, 30 FR 8106, June 24, 1965, as aircraft operator. amended by Amdt. 137–13, 54 FR 39294, Sept. 137.37 Manner of dispensing. 25, 1989; Docket FAA–2018–0119, Amdt. 137–17, 137.39 Economic poison dispensing. 83 FR 9175, Mar. 5, 2018]

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