4-3 After passing the exit waypoint, the pilot should select and monitor the published island-specific CTAF.
Note: There are specific procedures for requesting a CTAF. Consult with the Federal Communications Commission (FCC) field office in Honolulu for appropriate procedures.
4.2.3 The CH or operator may also collaborate with other air tour operators to establish and document common procedures for entering, transiting, or exiting a KSSA. Absent any recommended KSSA-specific position reporting point, these procedures should consider including how all pilots will communicate the following in the interest of safety: tail number or ATC accepted call sign, position or area of flight (using cardinal directions and approximate distance from depicted waypoints along the CATFP), altitude, and intentions.
4.2.4 CHs and § 91.147 operators are encouraged to install and operate ADS-B on all air tour flights regardless of the issuance of OpSpec/LOA B048. CHs and operators who have been issued OpSpec B048 must ensure that installed ADS-B In and Out systems are operable and in transmit mode at all times while conducting air tour flights.
4.3 Minimum Flight Altitudes. The CH or operator should present to the Administrator the minimum flight altitudes at which it intends to operate under the authorization, which will not be authorized lower than the following:
• Flights over areas that are neither populated nor congested: No flights will be conducted at any altitude lower than 500 feet above the surface.
• Flights over populated or congested areas, unless operating in compliance with an air traffic control (ATC) clearance: No flights will be conducted at any altitude lower than 1,500 feet above the surface.
Note: Any challenging weather situation that requires descent below 1,500 above the surface to the extent necessary to maintain Class E cloud clearance or to enter Class G airspace below a reduced ceiling is considered significant for the purposes of reporting hazardous meteorological conditions in accordance with part 135, § 135.67 or conditions and limitations in LOA B048. Reporting hazardous weather (that requires an altitude deviation, a course reversal, or a precautionary landing) is secondary to the essential duties of maintaining aircraft control and navigating toward safety. Operators should develop procedures that meet the requirement of reporting hazardous weather conditions in accordance with § 135.67 or OpSpec B048 necessitating a descent deviation below 1,500 feet above the surface should generally be accomplished prior to initiating the descent if time permits. If time is of the essence and a deviation is necessary immediately to ensure the safety of flight, the reporting of hazardous weather should be accomplished as soon as practicable following return to 1,500 feet above the surface or a higher altitude.
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4.4 Procedures for Flight Operations Below 1,500 Feet. The CH or operator should present to the Administrator established communication procedures and actions to be taken by the pilot that explain the manner in which the flight may be continued in the event that there is a need to continue the flight operation at an altitude below 1,500 feet above the surface to avoid entering IMC. The communication procedures should include tail number or ATC-accepted call sign, position or area of flight (using accepted names of areas or cardinal directions and approximate distance from depicted waypoints along the CATFP), altitude, and intentions. The FAA recommends that communication procedures state that use of any unnecessary conversation or “chatter” or both on accepted or published frequencies is highly discouraged while conducting commercial air tours (to include cruise flight through transition areas). The CHs or operators should have established procedures to ensure that the pilots are knowledgeable of the following pilot-in-command (PIC) responsibilities:
4.4.1 If an in-flight deviation necessitates immediate action or deviation from any of the CH’s or operator’s accepted operating procedures, the PIC may deviate to the extent necessary in the interest of the safety of the flight to meet that circumstance.
4.4.2 The PIC of an aircraft is directly responsible for, and is the final authority as to, the safe operation of that aircraft.
4.4.3 In the event the pilot has deviated from the CH’s or operator’s accepted operating procedures or regulatory requirements, the pilot should report the deviation event to the Chief Pilot or designated supervisor within 24 hours of such deviation.
4.4.4 Each person must comply with the requirements of § 91.3 and/or § 135.19, as applicable.
4.5 Weather Minimums for Commercial Air Tour Operations Below 1,500 Feet Above the Surface. The CH or operator should present to the Administrator their weather minimums when conducting commercial air tour operations as part of their operating procedures for acceptance. These weather minimums must not be lower than those set under any regulatory requirement.
4.6 Weather Information and Resources. The CH or operator may present to the Administrator the following weather-related information as part of their operating procedures for acceptance:
4.6.1 Prior to departure on each individual commercial air tour flight, and in addition to any other regulatory requirement, when weather conditions are marginal or available weather information is minimal prior to departure, pilots should obtain updated weather information while en route. En route sources may include Flight Service Stations (FSS), the CH’s or operator’s ground support personnel by discrete 2-way radio frequency or satellite phone, or CTAF reports that are either broadcast or solicited.
4.6.2 When weather conditions are encountered that require a vertical deviation below 1,500 feet above the surface on a CTAFP, the PIC should use their best judgment to safely circumnavigate the weather. OpSpec/LOA B048 authorizes air tours flights in Hawaii to deviate below 1,500 feet above the surface for the sole purpose of remaining in
4-5 VMC. The FAA recommends air tour pilots deviate below 1,500 feet above the surface if a lateral deviation is not possible, to avoid low ceilings and areas of reduced visibility over land (for both airplanes and helicopters below 3 miles) and over water (for airplanes below 3 miles and helicopters below 2 miles) that were not forecast or reported. If visibility deteriorates below these values, and the flight is in rain, the pilot should execute an escape procedure such as changing course toward lower terrain and known improved visibility, descending as needed below 1,500 feet above the surface but not below 500 feet above the surface, and if conditions do not improve, in helicopters, executing a precautionary off-airport landing where possible. If over water, the helicopter pilot should reduce speed and proceed at VMINI toward the closest known area of better visibility conditions accessible without crossing higher terrain and prepare to execute a precautionary off-airport landing on shore or to execute an inadvertent instrument meteorological condition (IIMC) escape procedure. In doing so, the following should be accomplished:
• The pilot should discontinue tour narratives, focus on flying the aircraft toward better weather conditions or making a precautionary off-airport landing.
• Report the hazardous weather condition encountered in compliance with § 135.67 or LOA B048 conditions and limitations (via radio communication with other pilots in the vicinity and ATC/FSS of where and what kind of hazardous meteorological condition was encountered).
• When potentially hazardous meteorological conditions are encountered, reporting those conditions in accordance with § 135.67 is mandatory.
4.7 Unforecast or Unreported Weather Procedures. The CH or operator should include the procedures to be followed when unforecast or unreported weather below the allowable minimums is encountered in their operating procedures and training.
4.8 Safety Risk Analysis. Risk analysis is a multistep process aimed at mitigating the impact of risks on flight operations. Performing risk analysis prior to each flight minimizes the vulnerability of the flight operations and enhances safety.
4.8.1 The CH or operator should present to the Administrator the method(s) they will utilize to analyze, mitigate, and manage risks while conducting commercial air tour operations under the authorization.
4.9 Prohibited Operations. The CH or operator should include a description of their specific prohibited operations, if any. For example, CHs and operators may choose to prohibit special VFR departures. Special VFR departures are not prohibited by § 136.75(d).
However, in the case of a special VFR departure within controlled airspace, if it is not possible to climb unrestricted to 1,500 feet above the surface before leaving the Class D or C airspace and entering the Class E airspace, the air tour flight may not be able to comply with § 136.75(d) and should be postponed. Razorback ridge crossing at or above 300 feet above the surface is no longer permitted; all terrain must be crossed at or above 1,500 feet above the surface. Lateral separation between the aircraft and persons or property is limited to a minimum of 1,500 feet. Lateral separation between the air tour
4-6 aircraft and precipitous terrain is not established by regulation. OpSpec/LOA B048 will recommend CHs and operators to establish a minimum lateral separation between precipitous terrain and the air tour aircraft flight path of not less than 1,500 feet.
5-1 CHAPTER 5. AIRCRAFT EQUIPMENT
5.1 Use of ADS-B. Cost analysis is not required for this OpSpec. One can operate air tours without the benefit of ADS-B and therefore without benefit of OpSpec B048, provided the CH or operator air tour flights always remain at or above 1,500 feet above the surface.
The manner in which a portion of § 136.75 is worded (“or as authorized by the Administrator”) permits the FAA to establish criteria that is required to receive such OpSpec authorization.
5.2 ADS-B a s a Condition of OpSpec B048 Issuance. In the case of ADS-B, though it is not required for general flight operations in Class G or E airspace over Hawaii, the ADS-B system, when operable and when flight crewmembers are adequately trained in the use and interpretation of traffic information provided by the ADS-B In traffic display, provides significantly improved situational awareness for all participating aircraft nearby, regardless of proximity of ground stations. This is especially important to those air tour aircraft operating below 1,500 feet above the surface to avoid low ceilings. Therefore, the FAA will consider whether the air tour aircraft proposed in an application has an ADS-B system in determining whether to issue OpSpec B048 to the applicant.
5.3 IFR Instrumentation. In the case of IFR instrumentation that supports voluntary compliance with § 91.205(d), air tour operations that are conducted within airspace that frequently experiences rapid onset of low ceilings or poor visibility due to rain showers, the equipage may provide essential information that will assist an IFR rated pilot to safely negotiate an inadvertent encounter with IMC, regardless of whether the flight is conducted under OpSpec B048 or not.
5.4 List of Instruments and Equipment. As part of the OpSpec B048 application package, the CH or operator should present a list of instruments and equipment to the Administrator installed on each aircraft used to conduct commercial air tour operations under OpSpec/LOA B048 authorization. Though the FAA recommends that all CHs or operators install the following equipment regardless of their intention to apply for OpSpec/LOA B048, the FAA will take into account whether the air tour aircraft proposed in an application has the following equipment when determining whether to issue OpSpec/LOA B048:
5.4.1 All IFR equipment required under § 91.205(d).
Note: Modern 3-inch circular presentation self-contained electronic flight instrument system (EFIS) displays combining data otherwise shown on multiple instruments that comply with § 91.205(d) can usually be installed in small helicopters.
5.4.2 Navigation equipment capable of conducting at least one type of IAP.
Note: This is generally a wide area augmentation system (WAAS)-enabled Global Positioning System (GPS) that is compatible with GPS approaches that are available at most airports in Hawaii.
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5.4.3 ADS-B In and Out system that provides visual and audible traffic awareness alerts.
Note: ADS-B In and Out provides ship to ship sharing of traffic awareness depictions that may assist pilots in avoiding mid-air collisions. Where ADS-B broadcasts are within range of an FAA ground receiver, the ADS-B broadcasts may be recorded and available to the public. This second-by-second record of flight location and altitude may assist FAA inspectors in identifying compliance deficiencies and safe practices, which could lead to appropriate interventions, compliance counselling, publication of systemic findings, Federal Aviation Administration Safety Team (FAASTeam) outreach efforts, and if appropriate, enforcement action.
5.4.4 Copies of STCs for the above equipment, if newly installed.
5.4.5 An updated MEL, as applicable.
Note: Operation below 1,500 feet above the surface is not authorized under OpSpec/LOA B048 if the instruments and equipment listed above are not operable.
6-1 CHAPTER 6. PILOT TRAINING
6.1 New Hire/Initial/Recurrent Pilot Ground and Flight Training. As part of the application package, CHs who wish to obtain OpSpec B048 must (per 14 CFR part 135, § 135.329(e)) include pilot training subjects to support the conditions and limitations stated in OpSpec B048. Similarly, as part of the application package, operators who wish to obtain LOA B048 should include pilot training subjects to support the conditions and limitations stated in LOA B048. (This section applies to both part 91 operators and all CHs, including those who use only one pilot in the CH’s operations.)
6.1.1 Air tour procedures and flight training should be considered part of the normal training program where possible and be conducted in accordance with a separate curriculum segment solely involving air tour operations within the training program. The new hire initial and recurrent (as applicable) pilot ground and flight training should demonstrate that the CH or operator will provide pilots with the necessary knowledge and skills to conduct the commercial air tour flights and should include operations below 1,500 feet, as authorized by OpSpec/LOA B048. If a CH has already incorporated air tour training subjects into their FAA-approved training program, a pilot trained in accordance with such approved training program may receive credit for such training in order to comply with the parameters set forth in the operator’s accepted B048-related operating procedures.
6.1.2 The training subjects should include the following, as it pertains to the authorization given through OpSpec/LOA B048:
1. The manner in which the CH or operator intends to conduct pilot evaluations and observations (every 12 calendar months, with a grace period (§ 135.301(a)) preceding and following the due month);
2. The manner in which the CH or operator intends to train and evaluate their flight instructors;
3. The manner in which the CH or operator intends to conduct pilot training and evaluations, including the procedures utilized on each specific aircraft that considers the flight characteristics of each aircraft; and
4. The manner in which the CH or operator intends to evaluate their pilots on representative KSSAs during recurrent flight evaluations. The flight training prior to recurrent flight evaluations should be detailed in the CH’s or operator’s specific commercial air tour operator approved training subjects.
5. CHs and operators should emphasize the continuous in-flight identification of adequate precautionary and emergency helicopter landing sites, and to minimize flight over areas where such sites may not be available in KSSAs and in transition areas. CHs and operators should provide specific training and checking in such continuous awareness and ability to utilize identified off airport landing sites in the event of an emergency or precautionary off airport landing.
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6.1.3 CHs’ and part 91 operators’ ground training must be conducted by an instructor who is qualified by the CH or the operator to provide ground instruction (refer to § 135.388). In the case of operators and CHs who use only one pilot in their operations, the ground training may be self-taught. A record of the training must be kept and made available to the Administrator upon request.
6.1.4 The hours credited for meeting the minimum hours for ground training, as per the CH’s or operator’s designated training, should be administered by a CH or operator air tour authorized instructor in a formalized classroom format or via web-based training (WBT) that is capable of tracking the pilot’s unique user name and password, online training hours, and final completion scores. Any training conducted online may also be evaluated verbally and documented in the pilot’s training record by a company-approved ground instructor, flight instructor, or the Administrator.
6.1.5 Current and qualified authorized air tour ground and flight instructors may take credit for the ground and/or flight training for which they teach. All instructors should remain current on the latest air tour developments to impart this information to their students.
6.1.6 The Administrator, or a person approved by the Administrator, should perform the ground and flight observations of CHs who use only one pilot in the CH’s operations.
6.1.7 If pilots are currently qualified and operating with a specific CH under OpSpec B048 (HQ Revision: 020) authorization, credit may be given for previous training and observations toward the conditions and limitations set forth under the revised OpSpec B048 (HQ Revision: 030) for continued air tour operations with that same CH or operator. Similarly, for pilots currently qualified and operating with a specific § 91.147 LOA holder under LOA B548 (HQ Revision: 000), credit may be given for previous training and observations toward the conditions and limitations for continued air tour operations with that same LOA holder set forth under the revised LOA B048 (HQ Revision: 030). To receive credit for this training and observation, records of successful completion under the previous authorization and documentation that includes all aspects of the revised authorization given through OpSpec/LOA B048 should be retained for the same period as other training documentation. These records should be available to the Administrator for review and inspection.
6.2 Requalification for Ground and Flight. It is recommended that the CH or operator consider including policy and procedures for recovering currency lapses for pilots that did not complete recurrent training and did not satisfactorily complete an air tour ground and flight observation/evaluation conducted by an authorized air tour observer prior to the end of the 12 calendar month plus grace month term (§ 135.301(a)). If a pilot’s currency, as per the CH’s or operator’s specific approved training curriculum of the CH’s or operator’s accepted operating procedures and of part 136, lapses for any reason as per the CH’s or operator’s set timelines (i.e., 12 calendar months plus the following grace month), they should be requalified. The requalification may depend on how long the pilot has been noncurrent as per the CH’s or operator’s authorized or accepted operational training procedures.
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6.2.1 Consider applying the following range of requalification options. If there is a currency lapse of less than 24 calendar months, requalification may consist of the pilot completing recurrent ground training and satisfactorily completing a recurrent flight observation/evaluation before using the authorization given through OpSpec/LOA B048.
If there is a currency lapse of 24 calendar months or more, the CH or operator may choose to require the pilot to complete all initial qualification training subjects and satisfactorily complete the ground/flight observation required for initial qualification before using the authorization given through OpSpec/LOA B048.
6.3 Aircraft-Specific Training. Ground (G) and flight (F) training, whether this is part of the part 135 approved training program already or, in the case of § 91.147, a new standalone requirement, should specify that each pilot receive training and demonstrate proficiency in the following maneuvers specific to each aircraft the pilot will operate under the authorization:
• Aircraft-specific performance computation (G),
• Aircraft systems (G/F),
• Abnormal and emergency procedures (G/F),
• Autorotation (F),
• Hover autorotation (G/F), and
• IMC recovery procedures (G/F).
6.4 KSSA Familiarization Flights. The pilot training subjects should specify that all pilots complete a CATFP and KSSA familiarization flights for each KSSA that they will be authorized to fly. The familiarization flight should include:
6.4.1 At least two complete CATFP familiarization flights to each authorized KSSA should be done as part of the initial KSSA familiarization process. The familiarization flights should be completed prior to the initial flight observation.
6.4.2 All familiarization flights should be conducted under the direct supervision of a KSSA-qualified instructor, as designated by the CH or operator, or the Administrator.
6.4.3 When a KSSA-qualified instructor is conducting a CATFP familiarization flight, they should occupy a pilot seat and be designated by the CH or operator as PIC of the flight.
6.4.4 Pilots receiving instruction during a KSSA familiarization flight should be the sole manipulator of the aircraft flight controls, unless the KSSA-qualified instructor needs to intervene to maintain safety of flight.
6.4.5 CHs or operators may, at the CH’s or operator’s discretion and per the accepted or approved operating and training procedures, reduce the two initial familiarization flights to one flight if the pilot who is being familiarized has previously received familiarization on the same KSSA with another CH or operator within the past 12 calendar months. (See paragraph 6.7 for records.)
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6.5 Initial or Annual Flight Observations. The training should specify that, after successfully completing all the training as outlined in the CH’s or operator’s specific training approved by the Administrator, each pilot should receive a KSSA flight observation, and the following should be emphasized:
6.5.1 All pilots should have satisfactorily passed a KSSA flight observation since the beginning of the 12th calendar month before that service, within a grace period of one month before and after the due month. This observation should consist of:
• Satisfactory completion of a written or oral test that especially emphasizes preflight and cue-based weather evaluation and aeronautical decision making and B048 conditions and limitations to be observed while conducting air tour operations, and
• Satisfactory completion of a flight observation that includes at least one representative KSSA (subsequent flight observations should include different KSSA locations before repeating observations conducted at previously observed KSSA locations ).
6.5.2 KSSA flight observations should be conducted by the Administrator or a person approved by the Administrator.
6.5.3 Upon satisfactory completion of a KSSA flight observation, all events should be recorded on a CH- or operator-produced form accepted by the Administrator. The recording of tasks, as per the CH’s or operator’s FAA-approved training and FAA-accepted operating procedures, should be completed by the person conducting the flight observation.
Recurrent KSSA flight observations conducted in compliance with OpSpec B048 conditions and limitations should be conducted in the same timeframe as other regulatory checks such as § 135.293. They should also allow for a grace month in accordance with § 135.301(a).
6.6 Instructor Qualifications. The CH’s or operator’s training should specify that the FAA inspector or FAA-authorized air tour operations observation pilot will conduct an initial observation of each CH’s or operator’s air tour operations instructor while the instructor provides training in procedures and maneuvers in accordance with this chapter. The performance of the instructor being observed should be satisfactory before the conditions and limitations are satisfied and the instructor may be accepted as an air tour operations instructor by the FAA.
6.6.1 All pilot training and evaluation records (ground and flight) should be maintained by the holder of OpSpec/LOA B048 for the period of the pilot’s employment, at the CH’s or operator’s principal base of operations as registered on the CH’s or operator’s issued OpSpec/LOA A001.
6.7 Pilot Training and Flight Observation Documentation and Recordkeeping.
6.7.1 Pilot ground and flight training records pertaining to KSSA operations should reflect part 135 pilot training recordkeeping policies and procedures. Specific records for air tour training for each air tour profile should include island-specific unique climatology and
6-5 terrain influence upon the aeronautical decision making required to safely navigate the profile, KSSA entry and exit waypoints, all appropriate types of air tour radio calls, knowledge of landmarks commonly used to describe locations of flight hazards, traffic circulation patterns at KSSAs, etc. The training program should specify that KSSA training and flight observations should be documented and should include the following information:
6.7.1.1 Ground Training:
• Name of pilot receiving training,
• Date of completion,
• Total training hours received, and
• Instructor certification.
6.7.1.2 Initial KSSA Familiarization Flight:
• Name of pilot receiving KSSA familiarization;
• Date of flight;
• Flight time (for each familiarization flight);
• KSSA and Hawaiian island(s) flown;
• Aircraft registration number;
• Name, title, and signature of person providing the KSSA familiarization flight; and
• CH or operator certification.
6.7.1.3 KSSA Flight Observation (CH’s or Operator’s Part 136 Form).
6.7.1.3.1 A statement should be entered in the remarks section indicating the pilot is authorized to operate below 1,500 feet above the surface, in accordance with the OpSpec/LOA B048 conditions and limitations.
6.7.1.3.2 Each CH’s or operator’s recordkeeping system for air tour training and flight observations must comply with the pilot recordkeeping set forth under § 135.63. The FAA recommends that § 91.147 air tour operators follow the same pilot training and checking recordkeeping practices as those required for part 135 CHs.
6.7.2 A ll pilot and instructor training and evaluation records (ground and flight) should be maintained by the CH or operator and holder of OpSpec/LOA B048.
6.8 Training Subjects. Training should specify the following for all pilots conducting commercial air tour flights below 1,500 feet above the surface in the State of Hawaii in
6-6 order to remain in VMC and avoid entering IMC, as authorized through OpSpec/LOA B048 (see Table 6-1, Training Subjects and Standards).
6.8.1 Each CH’s or operator’s part 136 new hire/initial/recurrent training should include training on each of the following subjects:
• Mountain flying techniques and high density altitude;
• Controlled flight into terrain (CFIT) avoidance;
• Performance planning;
• Cue-based, island-specific weather training;
• Go/no-go procedures;
• Operations inside the boundaries of a unit of the NPS under an ATMP, a VA, or an IOA;
• Hawaii commercial air tour accident review;
• KSSAs, entry and exit points and procedures to each KSSA location, radio communications protocol, CTAFs, position reports, and revisions to traffic and CTAF advisory procedures over the past year;
• Operations over water, ditching procedures appropriate to equipment being operated;
• Height velocity diagram and raw terrain descriptions (helicopter only);
• Preflight safety risk analysis and weather factors affecting operations;
• Inclement weather, IMC avoidance, escape, and recovery procedures;
• Successful transition to IFR/IMC, if inclement weather avoidance is unsuccessful followed by recovery offshore or via a published IAP to an airport/runway;
• Aircraft-specific equipment and related IFR limitations;
• Familiarization flights;
• Abnormal and emergency procedures;
• Autorotation; and
• Hover autorotation.