Section 136.3

14 CFR Ch. I (1-1-19 Edition)

Commercial Air Tour operator means
any person who conducts a commercial
air tour.
Life preserver means a flotation device used by an aircraft occupant if the
aircraft ditches in water. If an inflatable device, it must be un-inflated and
ready for its intended use once inflated. In evaluating whether a non-inflatable life preserver is acceptable to
the FAA, the operator must demonstrate to the FAA that such a preserver can be used during an evacuation 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 excludes land areas unsuitable for landing such as vertical cliffs or land intermittently under water during the particular flight.
Suitable landing area for helicopters
means an area that provides the operator reasonable capability to land
without damage to equipment or injury
to persons. Suitable landing areas must
be site-specific, designated by the operator, and accepted by the FAA. These
site-specific areas would provide an
emergency landing area for a single-engine helicopter or a multiengine helicopter that does not have the capability to reach a safe landing area after
an engine power loss.
(e) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of
this subpart to the extent required to
meet that emergency.
Section 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 reconsider those Letters of Authorization.

Section 136.5 Additional
Hawaii.

requirements

No person may conduct a commercial
air tour in the State of Hawaii unless
they comply with the additional requirements and restrictions in appendix A to part 136.
Section 136.7

Passenger briefings.

(a) Before takeoff each pilot in command shall ensure that each passenger
has been briefed on the following:
(1) Procedures for fastening and unfastening 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.
Section 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 shoreline 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 command of a commercial air tour over
water beyond the shoreline must ensure that a life preserver is readily
available for its intended use and easily 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 engine 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 Rotorcraft Flight Manual, as appropriate.
(c) No life preserver is required if the
overwater operation is necessary only
for takeoff or landing.

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