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14 CFR Ch. I (1–1–21 Edition)

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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 certifi- cate 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] 540 VerDate Sep<11>2014 12:03 Aug 27, 2021 Jkt 253048 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Y:\SGML\253048.XXX 253048 spaschal on DSKJM0X7X2PROD with CFR Federal Aviation Administration, DOT § 136.1 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 541 VerDate Sep<11>2014 12:03 Aug 27, 2021 Jkt 253048 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Y:\SGML\253048.XXX 253048 spaschal on DSKJM0X7X2PROD with CFR § 136.3 14 CFR Ch. I (1–1–21 Edition) 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.
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