Federal Aviation Administration, DOT

Section 136.1

with this appendix for any airplane until August 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 over water.
136.11 Helicopter floats for over water.
136.13 Helicopter performance plan and operations.
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 National 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]

APPENDIX A TO PART 136 - SPECIAL OPERATING
RULES FOR AIR TOUR OPERATORS IN THE
STATE OF HAWAII
AUTHORITY: 49 U.S.C. 106(g), 40113, 40119,
44101, 44701, 44701-44702, 44705, 44709-44711,
44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
SOURCE: Docket No. FAA-2001-8690, 67 FR
65667, Oct. 25, 2002, unless otherwise noted.

Subpart A - National Air Tour
Safety Standards
SOURCE: Docket No. FAA-1998-4521, 72 FR
6912, Feb. 13, 2007, unless otherwise noted.

Section 136.1 Applicability and definitions.
(a) This subpart applies to each person operating or intending to operate a
commercial air tour in an airplane or
helicopter and, when applicable, to all
occupants of the airplane or helicopter
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 requirement in
this subpart.
(b) As of September 11, 2007, this subpart is applicable to:
(1) Part 121 or 135 operators conducting a commercial air tour and
holding a part 119 certificate;
(2) Part 91 operators conducting
flights as described in Section 119.1(e)(2); and
(3) Part 91 operators conducting
flights as described in 14 CFR 91.146
(c) This subpart is not applicable to
operations conducted in balloons, gliders (powered or un-powered), parachutes (powered or 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 or helicopter where a purpose of the flight is sightseeing. The
FAA may consider the following factors in determining whether a flight is
a commercial air tour for purposes of
this subpart:
(1) Whether there was a holding out
to the public of willingness to conduct
a sightseeing flight for compensation
or hire;
(2) Whether the person offering the
flight provided a narrative that referred to areas or points of interest on
the surface below the route of the
flight;
(3) The area of operation;
(4) How often the person offering the
flight conducts such flights;
(5) The route of the flight;
(6) The inclusion of sightseeing
flights as part of any travel arrangement package;
(7) Whether the flight in question
would have been canceled based on
poor visibility of the surface below the
route of the flight; and
(8) Any other factors that the FAA
considers appropriate.

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