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14 CFR Ch. I (1–1–19 Edition)

§ 136.3

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 helicopters

means an area that provides the oper-
ator reasonable capability to land
without damage to equipment or injury
to persons. Suitable landing areas must
be site-specific, designated by the oper-
ator, and accepted by the FAA. These
site-specific areas would provide an
emergency landing area for a single-en-
gine helicopter or a multiengine heli-
copter that does not have the capa-
bility to reach a safe landing area after
an engine power loss.

(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.

§ 136.3

Letters of Authorization.

Operators subject to this subpart who

have Letters of Authorization may use
the procedures described in 14 CFR
119.51 to amend or have the FAA recon-
sider those Letters of Authorization.

§ 136.5

Additional requirements for

Hawaii.

No person may conduct a commercial

air tour in the State of Hawaii unless
they comply with the additional re-
quirements and restrictions in appen-
dix A to part 136.

§ 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 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; or

(2) The airplane is within power-off

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

(3) The aircraft is a multi engine 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
Airplane Flight Manual or the Rotor-
craft Flight Manual, as appropriate.

overwater operation is necessary only
for takeoff or landing.

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