6-1 CHAPTER 6. PART 136 COMMERCIAL AIR TOURS AND NATIONAL PARKS
AIR TOUR MANAGEMENT
6.1 Part 136 Applicability. This chapter clarifies how and when part 136 will apply to commercial air tour operations using powered-lift.
6.2 Part 136 Subpart A, National Air Tour Safety Standards. Part 136 subpart A provides special operating rules for commercial air tour operators and each person intending to operate an air tour in an airplane or helicopter. The Special Federal Aviation Regulation (SFAR) 120, Powered-Lift: Pilot Certification and Training; Operations Requirements, will add regulatory requirements established for air tour operators utilizing powered-lift.
6.2.1 A pplicability and Definitions . Section 194.308(a) states that persons operating powered-lift in commercial air tours must continue to comply with rules applicable to all aircraft in part 136. Part 136 subpart A provides special operating rules for commercial air tour operators and each person intending to operate an air tour in an airplane, powered-lift, or rotorcraft. The following definitions and sections from part 136 subpart A are applicable to powered-lift in § 194.308.
6.2.1.1 Suitable Landing Area. Section 136.1(d) defines “suitable landing area for rotorcraft.” As stated in the definition, suitable landing areas must be site-specific, designated by the operator, and accepted by the FAA. The purpose of this definition is to provide the pilot with suitable areas to land should an emergency occur. The operator designates potential landing areas in advance of the air tour operation, and as a result, the pilot is aware of these suitable landing areas, thereby helping reduce the risk of a major accident.
The landing areas can be used in an aircraft emergency, which could be more than just an engine failure. Knowing in advance where these site-specific suitable landing areas are located is intended to prevent a major accident, and if used, would not cause serious injury to persons irrespective of aircraft damage. Section 194.308(b) includes powered-lift in this definition and will use the same rationale to reduce the risk of a major accident should an inflight aircraft emergency occur.
6.2.1.2 Critical Change of Thrust. The powered-lift SFAR defines “critical change of thrust” as a failure that would most adversely affect the performance or handling qualities of an aircraft. Refer to § 194.308(c).
6.2.2 Life Preserver Requirements (refer to § 136.9). The life preserver requirement in § 194.308(d)(1) applies to powered-lift in the final rule. Therefore, § 136.9(b) applies to powered-lift, excepting them from the requirement for each occupant to wear a life preserver as long as a life preserver is readily available for its intended use and easily accessible when one of the following conditions is met:
1. The powered-lift is operating in wing-borne flight mode within power-off gliding distance to the shoreline for the duration of the time that flight is over water. This
6-2 exception will not be allowed when the powered-lift is operating in the vertical-lift flight mode (refer to § 194.308(d)(1)(i)).
2. The multiengine powered-lift can be operated with the critical engine inoperative or a critical change in thrust, at a weight that will allow it to climb at least 50 feet per minute at an altitude of 1,000 feet above the surface, as provided in the aircraft flight manual. The FAA has written into § 194.308(d)(1)(ii)) that the reference to “Airplane Flight Manual” applies to powered-lift to the extent that they have an aircraft flight manual approved through the certification process. This will clarify the FAA’s intent for powered-lift operators to comply with the manual requirements.
3. The exception contained in § 136.9(b)(1) allows floats in lieu of wearing the life preservers which includes all aircraft, so this exception would be available to powered-lift as written.
4. As stated in § 136.9(c), no life preserver is required if the overwater operation is necessary only for takeoff or landing.
6.2.3 Floats Over Water (refer to § 136.11).
6.2.3.1 Section 194.308(d)(2)(i) specifies that § 136.11(a)(1) is applicable to single-engine powered-lift while conducting commercial air tours over water beyond the shoreline.
6.2.3.2 Section 194.308(d)(2)(ii) specifies that § 136.11(a)(2) applies to multiengine powered-lift while conducting commercial air tours over water beyond the shoreline when it cannot be operated with the critical engine inoperative or while experiencing a critical change of thrust, 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 approved aircraft flight manual for that aircraft.
6.2.3.3 Section 194.308(d)(2) addresses § 136.11(b) and (c). Section 136.11(b) applies to powered-lift while conducting commercial air tours over water that are required to be equipped with an inflatable flotation. These inflatable flotation systems must have an activation switch for the flotation system on one of the primary flight controls; and it must be armed when the powered-lift is over water beyond the shoreline and is flying at a speed that does not exceed the maximum speed prescribed in the approved aircraft flight manual for flying with the flotation system armed.
6.2.3.4 As mentioned above, § 194.308(d)(2) also addresses § 136.11(c).
Section 136.11(c)(1) applies to powered-lift and provides relief from installing either a fixed or inflatable flotation system if the powered-lift is over water only during the takeoff or landing portion of the flight.
6.2.3.5 Under § 194.308(d)(2), § 136.11(c)(2) applies to powered-lift and provides relief from installing either a fixed or inflatable flotation system when the powered-lift is operated within the power-off gliding distance to the shoreline
6-3 for the duration of the flight and each occupant is wearing a life preserver from before takeoff until the aircraft is no longer over water.
6.2.4 Performance Plans (refer to § 136.13).
6.2.4.1 Section 136.13 applies to powered-lift in accordance with § 194.308(d)(3).
This section requires each operator of a powered-lift to complete a performance plan before the commercial air tour flight occurs. These performance plans are a key component of mitigating the risk of commercial air tour operations flown in powered-lift, as they require the pilot in command (PIC) to be prepared to respond to unforeseen events. A height/velocity (H/V) diagram or any other avoidance areas such as the transition to and from vertical-lift flight mode to wing-borne flight mode, are an important component of the performance plan. Those powered-lift that have H/V or any other avoidance areas contained within their aircraft flight manuals must use that information when completing a performance plan as prescribed in § 136.13(a) and required by § 194.308(d)(3). This rule also requires the PIC of the powered-lift to review the plan for accuracy and comply with the performance plan on the day the flight is flown. The performance plan will be based on the information in the appropriate Powered-Lift’s Aircraft Flight Manual (PLAFM) and must take into consideration the maximum density altitude for the planned operation in accordance with § 136.13(a) as required by § 194.308(d)(3). The performance plan will determine the following information:
• Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect;
• Maximum gross weight and CG limitations for hovering out of ground effect; and
• Maximum combination of weight, altitude, and temperature for which H/V or any other avoidance area information as contained in the PLAFM is valid.
6.2.4.2 Under § 136.13(b) and (c) as required by § 194.308(d)(3), the PIC must make a reasonable plan to operate the aircraft outside of any caution/warning/avoid areas contained within the aircraft flight manual.
6.3 Special Operating Rules for Air Tour Operators in the State of Hawaii. There are special operating rules for air tour operators in the State of Hawaii that apply to both airplanes and helicopters. Powered-lift are required to comply with these regulations under § 136.71. Many air tours within the State of Hawaii occur over large bodies of water and in water conditions that are rough with rugged terrain, which are unlike any other conditions in other parts of the country where air tours occur. Accordingly, the helicopter requirements are equally important for powered-lift conducting commercial air tours in Hawaii to ensure an equivalent level of safety.
6-4
6.3.1 Flotation Equipment. Applying the flotation equipment requirements to single-engine powered-lift increases the likelihood of survival in the event of a water landing.
Therefore, any air tour operation conducted in a single-engine powered-lift that is beyond the shore of any island, and regardless of whether the single-engine powered-lift is within gliding or autorotational distance of the shore, must ensure each person on board is wearing approved flotation gear as required in §§ 136.75(a) and 194.308(d)(4). The only relief provided for each occupant from wearing approved flotation gear is when the single-engine powered-lift is amphibious or equipped with floats adequate to accomplish a safe emergency ditching. Those aircraft that are either amphibious or equipped with floats must also have approved flotation gear easily accessible for each occupant in accordance with § 136.75(a) as required by § 194.308(d)(4).
6.3.2 P erformance Plan . The requirement for powered-lift to have a performance plan is an important safety requirement for these operators in the State of Hawaii. The FAA placed this performance requirement into the regulation based on the need for operators to conduct preflight planning and have operational knowledge that is essential to aircraft being flown in commercial passenger carrying operations. Under § 136.75(b) and as required by § 194.308(d)(5), the H/V diagram and any other avoidance areas such as the transition to and from vertical-lift flight mode to wing-borne flight mode are important components of the performance plan and will apply to commercial air tours conducted in powered-lift that have H/V or any other avoidance area information contained within their aircraft flight manuals. The PIC of the powered-lift must comply with the performance plan prescribed in § 136.75(b) as required by § 194.308(d)(5).
6.3.3 O perating Limitations . The requirement for the powered-lift PIC to operate with the aircraft limitations is equally important. Therefore, under § 136.75(c) as required by § 194.308(d)(6), except for approach to and transition from a hover and for the purpose of takeoff and landing, the PIC must operate the powered-lift at a combination of height and forward speed (including hover) that would permit a safe landing in the event of engine power loss or critical change of thrust. The PIC must also ensure that the aircraft is operated in accordance with the height-speed envelope or any other avoidance areas such as the transition to and from vertical-lift flight mode to wing-borne flight mode as published in the aircraft’s flight manual for that powered-lift. When making these determinations, the PIC must also use the aircraft’s current weight and altitude.
Appendix A A-1 APPENDIX A. LIST OF ACRONYMS Acronym Definition 14 CFR Title 14 of the Code of Federal Regulations AAIP Approved Aircraft Inspection Program AC Advisory Circular AIM Aeronautical Information Manual AIP Approved Inspection Program ATC Air Traffic Control ATCTS ATC Transponder System CG Center of Gravity CH Certificate Holder CMT Certificate Management Team DA Decision Altitude DRS Dynamic Regulatory System ELA Electrical Load Analysis ELT Emergency Locator Transmitter ETA Estimated Time of Arrival F/A Flight Attendant FAA Federal Aviation Administration FDR Flight Data Recorder FR Federal Register GPS Global Positioning System GS Glideslope HAA Helicopter Air Ambulance HTAWS Helicopter Terrain Awareness and Warning System H/V Height/Velocity IAP Instrument Approach Procedure ICA Instructions for Continued Airworthiness ICAO International Civil Aviation Organization IDF Initial Departure Fix
Appendix A A-2 Acronym Definition IFP Instrument Flight Procedure IFR Instrument Flight Rules IMC Instrument Meteorological Conditions LOA Letter of Authorization LZ Landing Zone MAP Missed Approach Point MDA Minimum Descent Altitude MEL Minimum Equipment List MFD Multifunction Display MHz Megahertz MSA Minimum Safe Altitude MSpec Management Specification NAS National Airspace System NM Nautical Mile OCC Operations Control Center OCS Operations Control Specialist ODP Obstacle Departure Procedure OEM Original Equipment Manufacturer OpSpec Operations Specification part 91K Part 91 Subpart K PFD Primary Flight Display PIC Pilot in Command PinS Point in Space PLAFM Powered-Lift’s Aircraft Flight Manual RA Radio Altimeter SFAR Special Federal Aviation Regulation SIAP Standard Instrument Approach Procedure SIC Second in Command SID Standard Instrument Departure
Appendix A A-3 Acronym Definition sm Statute Mile TAPL Technically Advanced Powered-Lift TAWS Terrain Awareness and Warning System TAWS A Class A TAWS TC Type Certificate TERPS Terminal Instrument Procedures TSO Technical Standard Order VASI Visual Approach Slope Indicator VFR Visual Flight Rules VMC Visual Meteorological Conditions VSI Vertical Speed Indicator VTOL Vertical Takeoff and Landing
Appendix B B-1 APPENDIX B. RELATED READING MATERIAL B.1 The FAA publishes many ACs that address a wide range of topics and audiences. Some of these ACs are applicable to certain kinds of aircraft, while others are not aircraft-specific and do not include aircraft in the subject matter. These ACs may be relevant to powered-lift, even though the term “powered-lift” is not found within each AC. The FAA encourages persons to review the available ACs to determine the information that may be relevant to their intended operations. All ACs can be found on the FAA website at https://www.faa.gov/regulations_policies/advisory_circulars.
B.2 ACs that are applicable to all aircraft are applicable to powered-lift per the § 1.1 definition of “aircraft.”
B.3 The list below contains ACs that the FAA has determined could apply to powered-lift a s written with no further explanation required. The FAA acknowledges that the list is not exhaustive but is included here as a guide to assist the reader in identifying potentially relevant ACs.
B.3.1 General:
• AC 00-1.1, Public Aircraft Operations—Manned and Unmanned.
• AC 00-46, Aviation Safety Reporting Program.
• AC 00-58, Voluntary Disclosure Reporting Program.
• AC 00-59, Integrating Helicopter and Tiltrotor Assets Into D isaster Relief Planning.
• AC 00-60, North American Free Trade Agreement and Specialty Air Services Operations.
• AC 00-61, Event Planning Guide.
• AC 00-63, Use of Flight Deck Displays of Digital Weather and Aeronautical Information.
• AC 00-64, Air Medical Resource Management.
• AC 00-65, Towbar and Towbarless Movement of Aircraft.
• AC 00-70, Flightcrew Member Certificate Verification Plan.
Note: Also refer to FAA-H-8083-28, Aviation Weather Handbook.
B.3.2 Maintenance. AC 43.13-2, Acceptable Methods, Techniques, and Practices – Aircraft Alterations.
B.3.3 Airman. AC 61-134, General Aviation Controlled Flight Into Terrain Awareness.
Appendix B B-2 B.3.4 A ir Traffic and General Operating Rules :
• AC 90-23, Aircraft Wake Turbulence.
• AC 90-67, Light Gun Signals from the Control Tower for Ground Vehicles, Equipment, and Personnel.
• AC 90-96, Approval of U.S. Operators and Aircraft to Operate Under Instrument Flight Rules (IFR) in European Airspace Designated for Basic Area Navigation (B-RNAV)/RNAV 5 and Precision Area Navigation (P-RNAV).
• AC 90-100, U.S. Terminal and En Route Area Navigation (RNAV) Operations.
• AC 90-101, Approval Guidance for RNP Procedures with AR.
• AC 90-102, Airspace Flow Program.
• AC 90-105, Approval Guidance for RNP Operations and Barometric Vertical Navigation in the U.S. National Airspace System and in Oceanic and Remote Continental Airspace.
• AC 90-106, Enhanced Flight Vision System Operations.
• AC 90-107, Guidance for Localizer Performance with Vertical Guidance and Localizer Performance without Vertical Guidance Approach Operations in the U.S.
National Airspace System.
• AC 90-108, Use of Suitable Area Navigation (RNAV) Systems on Conventional Routes and Procedures.
• AC 90-113, Instrument Flight Procedure Validation (IFPV) of Performance Based Navigation (PBN) Instrument Flight Procedures (IFP).
• AC 90-114, Automatic Dependent Surveillance-Broadcast Operations.
• AC 90-115, Collaborative Trajectory Options Program (CTOP).
• AC 90-117, Data Link Communications.
• AC 91-32, Safety I n and Around Helicopters.
• AC 91-36, Visual Flight Rules (VFR) Flight Near Noise-S ensitive Areas.
• AC 91-37, Truth in Leasing.
• AC 91-58, Use of Pyrotechnic Visual Distress Signaling Devices in Aviation.
• AC 91-63, Temporary Flight Restrictions (TFR) and Flight Limitations.
• AC 91-79, Aircraft Landing Performance and Runway Excursion Mitigation.
• AC 91-88, Electronic News Gathering Operations.
• AC 91-90, Part 91 Approved Inspection Programs.
Appendix B B-3
• AC 91-92, Pilot’s Guide to a Preflight Briefing.
• AC 91.21-1, Use of Portable Electronic Devices Aboard Aircraft.
Note: Also refer to FAA Order JO 7610.4, Sensitive Procedures and Requirements for Special Operations, the Aeronautical Information Manual (AIM), and the Aeronautical Information Publication (AIP).
B.3.5 Air Carriers, Air Travel Clubs, and Operations for Compensation or Hire Certification and Operations:
• AC 120-48, Communication and Coordination Between Flightcrew Members and Flight Attendants.
• AC 120-64, Operational Use and Modification of Electronic Checklists.
• AC 120-71, Standard Operating Procedures and Pilot Monitoring Duties for Flight Deck Crewmembers.
• AC 120-83, Flight Deck Observer Seat and Associated Equipment.
• AC 120-87, Use of Child Restraint Systems on Aircraft.
• AC 120-88, Preventing Injuries Caused by Turbulence.
• AC 120-95, Portable Oxygen Concentrators.
• AC 121-24, Passenger Safety Information Briefing and Briefing Cards.
• AC 135-10, Approved Aircraft Inspection Program.
• AC 135-42, Extended Operations (ETOPS) and Operations in the North Polar Area.
Advisory Circular Feedback Form If you find an error in this AC, have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us know by contacting the General Aviation and Commercial Division at 9-AFS-800-Correspondence@faa.gov or the Flight Standards Directives Management Officer at 9-AWA-AFB-120-Directives@faa.gov.
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