AC 136-4

U .S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: Supplemental Information for the Creation of Operating Procedures and Pilot Training Subjects Related to OpSpec/LOA B048 Date: 11/12/24 AC No: 136-4 Initiated by: AFS-200 Change:

Operations Specification (OpSpec)/Letter of Authorization (LOA) B048, Commercial Air Tour Operations Below 1,500 Feet Above the Surface in the State of Hawaii, provides certificate holders (CH) and operators with an authorization to conduct commercial air tour operations under Title 14 of the Code of Federal Regulations (14 CFR) part 91, 121, or 135 in the Sta te of Hawaii at altitudes below 1,500 feet above the surface, as set forth in 14 CFR part 136, § 136.75(d).

For the purpose of this advisory circular (AC), unless otherwise noted, CH refers to part 119 CHs who may conduct commercial air tour operations in the State of Hawaii under part 121, 135, or 121/135 combined CHs. These authorizations are granted with conditions and limitations to enable CHs or operators to remain in visual meteorological conditions (VMC) and avoid entering unforecast or unreported instrument meteorological conditions (IMC). The authorization is not intended to be used for flight planning, and does not authorize a CH or operator to conduct a commercial air tour operation when the forecasted weather conditions would not permit the operation to remain in VMC at altitudes above 1,500 feet above the surface for the duration of the planned flight.

This AC describes an acceptable means, but not the only means, for CHs or operators who wish to obtain the authorization given through OpSpec/LOA B048 to create their specific operating procedures and pilot training subjects, as they pertain to meeting the conditions and limitations of OpSpec/LOA B048.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide information to the public regarding existing requirements under the law or agency policies.

R obert M. Ruiz for Lawrence Fields Executive Director, Flight Standards Service

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CONTENTS Paragraph Page

Chapter 1. General Information1-1

1.1 Purpose of This Advisory Circular (AC)1-1

1.2 Audience1-1

1.3 Where You Can Find This AC1-1

1.4 Applicability1-1

1.5 Related 14 CFR Parts1-1

1.6 Related Reading Material (current editions)1-2

1.7 Definitions, Abbreviations, and Terms1-2

1.8 AC Feedback Form1-4

Chapter 2. R egulatory Requirement and Authorization2-1

2.1 Regulatory Requirement2-1

2.2 Authorization2-1

2.3 OpSpec/LOA B0482-1

2.4 Operations Over Units of the NPS2-2

Chapter 3. A uthorization Process3-1

3.1 Process Overview3-1

3.2 Step 1: CH or Operator Notification3-1

3.3 Step 2: Application Package Submission3-1

3.4 Step 3: FAA Application Package Review3-3

3.5 Step 4: Changes to Application Package3-3

3.6 Step 5: Decision for Authorization Issuance3-3

Chapter 4. O perating Procedures4-1

4.1 Design, Description, and Definition of Areas of Operations4-1

4.2 Reporting Points, Radio Communications and Frequencies, Use of Aircraft Lights,

and ADS-B Procedures4-2

4.3 Minimum Flight Altitudes4-3

4.4 Procedures for Flight Operations Below 1,500 Feet4-4

4.5 Weather Minimums for Commercial Air Tour Operations Below 1,500 Feet

Above the Surface4-4

4.6 Weather Information and Resources4-4

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4.7 Unforecast or Unreported Weather Procedures4-5

4.8 Safety Risk Analysis4-5

4.9 Prohibited Operations4-5

Chapter 5. Airc raft Equipment5-1

5.1 Use of ADS-B5-1

5.2 ADS-B as a Condition of OpSpec B048 Issuance5-1

5.3 IFR Instrumentation5-1

5.4 List of Instruments and Equipment5-1

Chapter 6. P ilot Training6-1

6.1 New Hire/Initial/Recurrent Pilot Ground and Flight Training6-1

6.2 Requalification for Ground and Flight6-2

6.3 Aircraft-Specific Training6-3

6.4 KSSA Familiarization Flights6-3

6.5 Initial or Annual Flight Observations6-4

6.6 Instructor Qualifications6-4

6.7 Pilot Training and Flight Observation Documentation and Recordkeeping6-4

6.8 Training Subjects6-5

Table 6-1. R ecommended Training Subjects and Standards6-7

6.9 Courseware6-8

6.10 Supplemental Courseware6-8

1-1 CHAPTER 1. GENERAL INFORMATION

1.1 Purpose of This Advisory Circular (AC). This AC contains information pertinent to Title 14 of the Code of Federal Regulations (14 CFR) part 136 subpart D. The information and guidance supports air tour operators in the State of Hawaii and is intended to assist certificate holders (CH) and operators with the development of operational processes and procedures and the pilot training recommended as part of the application package for Operations Specification (OpSpec)/Letter of Authorization (LOA) B048, Commercial Air Tour Operations Below 1,500 Feet Above the Surface in the State of Hawaii. OpSpec/LOA B048 provides the CH or operator with authorization to conduct commercial air tour operations below 1,500 feet above the surface in the State of Hawaii in order to remain in visual meteorological conditions (VMC) and avoid entering instrument meteorological conditions (IMC) that are not forecast or reported.

The authorization is not intended to be used in flight planning as it does not authorize a CH or operator to conduct a commercial air tour operation when observed or forecast weather conditions would not permit the operation to remain in VMC at altitudes above 1,500 feet above the surface for the duration of the planned flight.

1.1.1 The authorization is given through OpSpec B048 to 14 CFR part 119 CH applicants or through LOA B048 to operators who conduct commercial air tour operations in accordance with 14 CFR part 91, § 91.147. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide information to the public regarding existing requirements under the law or agency policies.

1.2 Audience. The primary intended audience is the commercial air tour operators who conduct such operations in the State of Hawaii and those who wish to obtain OpSpec/LOA B048.

1.3 Where You Can Find This AC. You can find this AC on the Federal Aviation Administration’s (FAA) website at https://www.faa.gov/regulations_policies/advisory_cir culars and the Dynamic Regulatory System (DRS) at https://drs.faa.gov.

1.4 Applicability. This AC is applicable to commercial air tour operations in the State of Hawaii, particularly those operators who wish to obtain OpSpec/LOA B048 authorization to operate below the regulatory minimum flight altitude of part 136, § 136.75(d)(1), which restricts any type of commercial air tour operations below 1,500 feet above the surface in the State of Hawaii.

1.4.1 Deviations below the minimum flight altitudes in § 136.75(d)(1) are authorized through OpSpec/LOA B048. The authorization does not allow deviation from § 136.75(d)(2) and is not intended to authorize operations closer than 1,500 feet to any person or property.

1.5 Related 14 CFR Parts. Parts 61, 91, 120, 121, 135, and 136 subpart D.

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1.6 Related Reading Material (current editions).

1.6.1 ACs:

• AC 91-73, Parts 91 and 135 Single Pilot, Flight School Procedures During Taxi Operations.

• AC 120-74, Parts 91, 121, 125, and 135 Flightcrew Procedures During Taxi Operations.

• AC 120-92, Safety Management Systems for Aviation Service Providers.

1.6.2 FAA Order 8900.1 Sections:

• Volume 3, Chapter 2, Section 2, Responsibility for Part 91 Letters of Authorization (LOA), Certificates of Waiver (CoW), and Letters of Deviation Authority (LODA).

• Volume 3, Chapter 18, Section 4, Part B Operations Specifications—En Route Authorization and Limitations.

• Volume 3, Chapter 19, Section 7, Flightcrew Qualification Curriculum Segments.

• Volume 3, Chapter 19, Section 10, Safety Assurance System: Flightcrew Recurrent Training Curriculums.

1.6.3 Other Documents. FAA-H-8083-2, Risk Management Handbook.

1.7 Definitions, Abbreviations, and Terms.

1.7.1 Air Tour Management Plan (ATMP). As stated in Title 49 of the United States Code (49 U.S.C.) § 40128(b)(1)(A), documents established by the Administrator, in cooperation with the Director of National Parks Service, for any national park or tribal land for which such a plan is not in effect whenever a person applies for authority to conduct a commercial air tour operation over the park.

1.7.2 C ommercial Air Tour Flight Profile (CATFP). For the purposes of this AC and OpSpec/LOA B048, the lateral flight path and altitude above the surface that the tour pilot will fly from the departure point to the first Known Site Specific Area (KSSA), then via a flight path through a transition area designed to allow for lateral flight path options to avoid IMC, sensitive locations, and repetitive flights over the same lateral path at appropriate altitudes, to the next KSSA in a sequence of KSSAs, and return to departure point. The CHs or operators define their CATFPs in consideration of transition area, sensitive locations and areas, island-specific weather patterns, location and restrictions associated with units of the National Park System (NPS), prohibited areas, or restricted areas, temporary flight restrictions (TFR), etc. Each specific CH or operator may offer flight profiles to the public as individual flights or as part of a larger travel arrangement package. (National Park Service is commonly abbreviated as NPS; however, this AC uses NPS to refer to the National Park System.)

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1.7.3 Commercial Air Tour Operation. As defined under 14 CFR part 110, § 110.2 and part 136, § 136.1(d), 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:

• Whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;

• 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;

• The area of operation;

• How often the person offering the flight conducts such flights;

• The route of the flight;

• The inclusion of sightseeing flights as part of any travel arrangement package;

• Whether the flight in question would have been canceled based on poor visibility of the surface below the route of the flight; and

• Any other factors that the FAA considers appropriate.

1.7.4 Cue-Based Weather Training. For the purposes of this AC and OpSpec/LOA B048, training that enables the pilot to evaluate weather patterns and, based on visual cues observed in flight, to determine from those cues if it is appropriate to continue the flight as planned or if an alternate plan should be pursued. This training may include, but is not limited to, PowerPoint presentations, video or pictorial examples, and actual flights to train and evaluate the pilot’s aeronautical decision-making ability based upon visual cues.

1.7.5 F light/Ground Observation. For the purposes of this AC and OpSpec/LOA B048, each candidate Hawaii air tour pilot should undergo a ground observation and a flight observation. Observations are conducted by the Administrator, a person approved by the Administrator for the CH, or a person designated by the § 91.147 operator. During the ground observation, the candidate should demonstrate competency in the knowledge and skills and the important safety and administrative aspects of the conditions and limitations of the OpSpec/LOA B048 authorization and part 136 as applied when planning commercial air tour operations. During the flight observation, the candidate Hawaii air tour pilot flies an aircraft through a representative CATFP and demonstrates appropriate navigation, altitude maintenance, cue-based weather evaluation and aeronautical decision making, radio calls, operator-accepted and published KSSA procedures, pilot weather reporting techniques, traffic awareness and avoidance, compliance with ATMP restrictions, and avoidance of culturally sensitive locations within transition areas.

1.7.6 In terim Operating Authority (IOA). Interim authority that is granted u pon application for operating authority by the Administrator under § 136.41 to a commercial air tour operator for commercial air tour operations over a national park or tribal land for which the operator is an existing commercial air tour operator, as defined by § 136.33(b).

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1.7.7 Known Site Specific Area (KSSA). For the purposes of this AC and OpSpec/LOA B048, an area of heightened visual interest to passengers designated by latitude and longitude coordinates and altitudes and designed by the commercial air tour operator where an aircraft may maneuver for the purpose of conducting commercial air tour operations, as defined by § 136.1(d). An entire route of flight within a CATFP could conceivably be designated as a KSSA.

1.7.8 P ark Unit. As designated by the National Park Service, any area of land or water administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.

1.7.9 P roperty . For the purposes of this AC and OpSpec/LOA B048, any vehicle, vessel, or structure.

1.7.10 T ransition Area/Segment . For the purposes of this AC and OpSpec/LOA B048, an area created, designed, and selected by the CH or operator that an aircraft may utilize for the purpose of transitioning from one KSSA on a CATFP to another KSSA while conducting commercial air tour operations, as defined by § 136.1(d).

1.8 AC Feedback Form. For your convenience, the AC Feedback Form is the last page of this AC. Note any deficiencies found, clarifications needed, or suggested improvements regarding the contents of this AC on the Feedback Form.

2-1 CHAPTER 2. REGULATORY REQUIREMENT AND AUTHORIZATION

2.1 Regulatory Requirement. Section § 136.75(d) states:

“Minimum flight altitudes. Except when necessary for takeoff and landing, or operating in compliance with an air traffic control clearance, or as otherwise authorized by the Administrator [emphasis added], no person may conduct an air tour in Hawaii:

(1) Below an altitude of 1,500 feet above the surface over all areas of the State of Hawaii, and,

(2) Closer than 1,500 feet to any person or property; or,

(3) Below any altitude prescribed by Federal statute or regulation.”

2.2 Authorization. In the interest of enhancing aviation safety among commercial air tour operators in the State of Hawaii, the FAA provides CHs and operators with the option of obtaining an authorization to deviate from § 136.75(d)(1) to conduct commercial air tour operations below 1,500 feet above the ground or water surface below for the sole purpose of remaining in VMC and of avoiding entering IMC that was not forecast or observed and reported. The deviation is authorized by the Administrator through OpSpec/LOA B048. The authorization is not intended to allow deviation from § 136.75(d)(2), that states air tour operations may not be conducted closer than 1,500 feet to any person or property.

2.2.1 If a CH or operator wishes to obtain such an authorization, the Administrator will consider each individual application in its entirety. The FAA requires the inclusion of additional aircraft equipage, safety risk analysis, appropriate pilot training, and FAA acceptance of operating procedures (as they pertain to flight operations below 1,500 feet above the surface, as authorized through OpSpec/LOA B048) before such authorization is issued to Hawaii commercial air tour operators who apply for OpSpec/LOA B048. The FAA recommends that CHs and operators collaborate and establish industry consensus procedures to be applied by all air tour providers operating in the same airspace where cooperation among commercial air tour providers would enhance safety. This collaborative approach to developing commonly applicable procedures and methods may streamline application approval processes for all participants.

2.3 OpSpec/LOA B048. An air carrier CH may apply for and may be issued OpSpec B048, and a noncertificated commercial air tour operator who conducts operations under part 91 may apply for and may be issued LOA B048. The Honolulu Flight Standards District Office (FSDO) will approve the commercial air tour operations document(s) and manual(s), as applicable, and make the determination of whether to issue OpSpec/LOA B048. If the Honolulu FSDO is not the responsible Flight Standards office for the CH or operator, the responsible Flight Standards office should forward the application package to the Honolulu FSDO for review and approval. Upon its approval, the Honolulu FSDO will notify the responsible Flight Standards office of their decision, at which point the responsible office will issue OpSpec/LOA B048 in the Web-based Operations Safety System (WebOPSS). The conditions and limitations contained in the

2-2 CH’s or operator’s specific authorization given through OpSpec/LOA B048 are only applicable to commercial air tour flights conducted below 1,500 feet above the surface in the State of Hawaii in order to remain in VMC and avoid entering unforecast or unreported IMC.

2.4 Operations Over Units of the NPS. In accordance with 49 U.S.C. § 40128, as codified in 14 CFR part 136 subpart B, commercial air tour overflights of national parks are subject to additional restrictions, as outlined in a park unit ATMP, an FAA-issued IOA, or FAA/National Park Service/Operator Air Tour Voluntary Agreements (VA). National park units subject to such additional restrictions in the State of Hawaii include, but are not limited to: Kaloko-Honokōhau National Historic Park (NHP), Puʻuhonua o Hōnaunau NHP, Puʻukoholā Heiau National Historic Site (NHS), the USS Arizona Memorial, Hawaii Volcanoes National Park (NP), Haleakalā NP, and Kalaupapa NHP.

2.4.1 Independent from the authorization given through OpSpec/L OA B048, all commercial air tour operators must (per § 136.37) be authorized by OpSpec/LOA B057, as applicable, if they wish to conduct, or are currently conducting, operations over a national park under an ATMP, an IOA, or a VA within half a mile outside the boundary of any national park unit, or over an abutting tribal land, during which the aircraft flies (except as provided in § 136.35):

• Below 5,000 feet above the surface (except for the purpose of takeoff or landing, or to take action to ensure the safe operation of the aircraft), or

• Less than 1 mile laterally from any geographic feature within the park (unless more than half a mile outside the boundary).

Note: CHs and operators should consider including the following statement as a part of the commercial air tour operator’s accepted operating procedures to ensure pilots maintain compliance with part 136:

“With respect to the airspace over, and within ½ mile of the boundaries of the following national park system units: Kaloko-Honokōhau NHP, Pu’uhonua o Hōanunau NHP, Pu’ukoholā Heiau NHS, the USS Arizona Memorial, Hawaii Volcanoes NP, Haleakalā NP, and Kalaupapa NHP, the information contained within this document or manual applies to all commercial air tour operators, as defined by 14 CFR part 136, in receipt of interim operating authority (IOA). After Air Tour Management Plans (ATMP) are developed for these parks units, if the Administrator revises applicable conditions and limitations for safety that are more restrictive than those in the ATMP, the more restrictive parameters will apply. If, after an ATMP is developed, the language of this document or manual is less restrictive than the ATMP, the ATMP will control and this document or manual will be updated within 180 days of the ATMP being developed to reflect the more restrictive parameters set forth in the ATMP. This document or manual will not supersede, circumvent, or otherwise change any aspect of, or implementation of the ATMP, when developed, for these parks or park units or both. Please refer to the map legends for any specific national park or park unit flight restrictions.”

3-1 CHAPTER 3. AUTHORIZATION PROCESS

3.1 Process Overview. A commercial air tour operator may apply for and receive from the Administrator an authorization to be able to conduct commercial air tour operations below 1,500 feet above the surface in the State of Hawaii through OpSpec/LOA B048, in order to remain in VMC and avoid entering unforecast or unreported IMC. After each applicant’s submission of the complete application package, the FAA will review each individual application package and will discuss any necessary changes or additional necessary information with the applicant. After the Administrator has found the application package to be acceptable, the Administrator may issue OpSpec/LOA B048, as applicable.

3.2 Step 1: CH or Operator Notification. The CH or operator notifies the Administrator of their interest to obtain the authorization given through OpSpec/LOA B048. The notification may be submitted through the Safety Assurance System (SAS) platform, via email, or in a paper form (as applicable for part 91 operators or CHs).

3.3 Step 2: Application Package Submission. A CH or operator submits the OpSpec/LOA B048 application package to the Administrator. Steps 1 and 2 may be done simultaneously. The original application package and any future revisions or changes to any portion of it should be submitted in a manner acceptable to the Administrator. It is recommended that the application package includes:

3.3.1 A letter addressed to the Administrator explaining the CH’s or operator’s need for the authorization given through OpSpec/LOA B048 and the nature and scope of the intended operations.

3.3.2 The CH’s or operator’s specific operating procedures, considering the items described in this AC, including the manner in which the CH or operator intends to manage ground and flight operations, weather minimums and weather sources, recordkeeping, any prohibited operations, etc., as further described in Chapter 4, Operating Procedures.

3.3.3 The name and a description and definition of the KSSA in which the CH or operator proposes to conduct commercial air tour operations, and the CH’s or operator’s specific tour flight profiles. These areas may be described and defined by latitude and longitude coordinates, altitudes, and distances from reference points (as applicable), and a pictorial description of the CH’s or operator’s air tour flight profiles that is depicted on the applicable sections of the version of the Visual Flight Rules (VFR) Hawaiian Islands Sectional Chart that is current at the time of the application submission, as further explained in Chapter 4.

3.3.4 The list of the instrumentation on the aircraft to be utilized when conducting commercial air tour operations in the State of Hawaii under the authorization given through OpSpec/LOA B048. The aircraft list should also include the aircraft’s make, model, and series (M/M/S); registration number; and instrument flight rules (IFR) equipment as required by § 91.205(d) installed (at a minimum, instruments and equipment capable of conducting at least one type of instrument approach procedure (IAP) available in the area

3-2 of operation). It is also recommended that aircraft are equipped with an operable Automatic Dependent Surveillance-Broadcast (ADS-B) In and Out system. In addition, the CH or operator should submit any applicable Supplemental Type Certificate (STC), minimum equipment lists (MEL), and instrument inspection and maintenance program, as further explained in Chapter 5, Aircraft Equipment.

3.3.5 The CH’s or operator’s specific pilot training (as further explained in Chapter 6, Pilot Training) should include:

• P ilot ground and flight training,

• Training on each KSSA where the applicant intends to operate,

• Entry and exit points to the different KSSAs,

• Geographical areas and islands in the State of Hawaii,

• Areas of interest and commonly flown sightseeing locations, and

• Training for IMC operations on the specific aircraft to be utilized.

3.3.6 The manner in which the CH or operator intends to integrate the use of safety risk analysis to their operations.

3.3.7 The manner in which the CH or operator intends to perform recordkeeping of, at a minimum, the following:

3.3.7.1 Completed performance plans. Recordkeeping may take on many forms, depending upon the operator’s method of performance planning. For example, for each group of helicopters in the fleet, and for the maximum pressure altitude where tour operations will be conducted, a maximum allowable gross takeoff weight (GTOW) may be associated with each increasing degree of temperature. The CH or operator should develop a procedure requiring the max allowable GTOW to be posted and maintained throughout the day, and this weight and the time/temperature could be recorded on the performance section of a passenger list for each flight. Providing the actual GTOW based on fuel and payload is less than the max allowable GTOW, the flight will remain within performance limits. The record, in the form of a passenger list/performance review, should be retained for as long as the operator normally retains such documents, usually not less than 30 days.

3.3.7.2 Flight logs, including the passenger list and performance review for each flight.

3.3.7.3 Maintenance logs, indicating all servicing and maintenance performed, MEL deferrals and extensions, etc., should be available to pilots and should be consulted before initiating operations at the beginning of each crew change.

3.3.7.4 Pilot training records.

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3.3.7.5 Attendance to the formal commercial air tour safety meeting.

3.3.8 The operating procedures and pilot training subjects, which should be presented in an organized manner and include the following general information:

• Effective date,

• Purpose,

• Distribution list,

• Revision date,

• Explanation of changes,

• List of effective pages,

• Record of revisions,

• Table of contents, and

• Definitions, abbreviations, and symbols.

3.4 Step 3: FAA Application Package Review. The Honolulu FSDO will review each submitted package and will consider each CH’s and operator’s individual operation, discuss any necessary changes to the application package with the CH or operator, and make a determination if the authorization will be issued. If the Honolulu FSDO is not the responsible Flight Standards office for the CH or operator applicant, the applicant will submit the application package to their responsible Flight Standards office, and that office will then forward the complete application package to the Honolulu FSDO for coordination, review, and concurrence with the issuance of OpSpec/LOA B048.

3.5 Step 4: Changes to Application Package. If changes are needed, the CH or operator will revise the application package and will resubmit the revised version of the application package to the Administrator, via the Honolulu FSDO, for further review.

Note: Steps 3 and 4 might be repeated if the Administrator finds that additional changes are necessary to any part of the application package.

3.6 Step 5: Decision for Authorization Issuance. The Administrator notifies the CH or operator in writing of the decision to issue OpSpec B048 or LOA B048, and the addition of such to OpSpec A005. If the CH’s or operator’s application is denied, the CH or operator may petition for reconsideration of that decision under 14 CFR part 119, § 119.51(d).

Note: Steps 2 through 4 above should be repeated any time the CH or operator proposes to amend any documents that were relied upon in the determination of the issuance of the CH’s or operator’s original OpSpec/LOA B048, prior to the change or as requested by the Administrator. The Administrator will respond with acceptance/approval or a denial following the final submission of the CH’s or operator’s amendments to the documents submitted as part of the application