Rule: Air Carrier Certification and Operations: National Air Tour Safety Standards

Tuesday,
February 13, 2007
Part V
Department of
Transportation
Federal Aviation Administration
14 CFR Parts 61, 91, 119, 121, 135, and

136
National Air Tour Safety Standards; Final
Rule
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6884 Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION Availability of Rulemaking Documents Table of Contents

You can get an electronic copy using I. Background
Federal Aviation Administration the Internet by taking the following II. Summary of the Final Rule
steps: A. Applicability
14 CFR Parts 61, 91, 119, 121, 135, and (1) Go to the search function of the B. Changes From the NPRM
136 Department of Transportation’s C. Compliance Dates
D. Before and After This Rule
electronic Docket Management System
III. Comment Summary
[Docket No.: FAA–1998–4521; Amendment (DMS) Web page (http://dms.dot.gov/ IV. General Comments on the Proposal
Nos. 61–115, 91–295, 121–328, 135–107, search). A. NTSB Recommendations
136–1] (2) On the search page, type in the last B. SFAR 71 Should Not Be the Model
four digits of the Docket number shown C. Withdraw the NPRM and Establish an
RIN 2120—AF07 at the beginning of this document Advisory Committee
(4521). Click on search. D. Accident Data Does Not Support the
National Air Tour Safety Standards (3) On the next page, which contains Change
the Docket summary information for the E. Increased Noise and Other Impacts on
AGENCY:Federal Aviation Docket you selected, click on the item National Parks
Administration (FAA), DOT. V. Comments on Part 135 Certification
you wish to view. A. Against Part 135 Certification
ACTION: Final rule. You can also get an electronic copy B. ‘‘Sightseeing’’ vs. ‘‘Commercial Air
using the Internet through the FAA’s Tour’’
SUMMARY: This final rule sets safety and web page at or the Government Printing C. Antique/Vintage Civil and Military
oversight rules for a broad variety of Office’s Web page at: http:// Aircraft
sightseeing and commercial air tour www.access.gpo.gov/sudocs/aces/ VI. Comments on Part 91 Operations
flights. The rule responds to National acrs140.htm. You can also get a copy of A. Charity, Nonprofit, and Community
this final rule by mail by submitting a Events
Transportation Safety Board (NTSB) 1. What is the difference between an
recommendations, Government request to the Federal Aviation
exception, an exemption and a
Accountability Office (GAO) reports, Administration, Office of Rulemaking, deviation?
and Department of Transportation 800 Independence Avenue, SW., 2. What is a charitable organization, a non-
Inspector General Reports that Washington, DC 20591, or by calling profit, and a community event?
recommend better oversight of the (202) 267–9680. 3. The Four-Event Limit for Charitable and
sightseeing and commercial air tour Non-Profit Organizations and the One-
Small Business Regulatory Enforcement Event Limit for Community Events
industry. The intended effect of this Fairness Act 4. Private Pilots and the 500-Hour
final rule is to standardize requirements Requirement
The Small Business Regulatory
for air tour operators and consolidate air 5. Reporting Requirements
Enforcement Fairness Act (SBREFA) of
tour safety standards within part 136. 6. Life Flights, Angel Flights, and
1996 requires FAA to comply with
DATES: This final rule is effective March small entity requests for information or ‘‘Emergency or Medical Service’’
B. Other Flights for Compensation or Hire
15, 2007, except for amendments to advice about compliance with statutes 1. What Is the Difference Between an
§§ 119.1(e)(2), 121.1, and 135.1(a)(5) and and regulations within its jurisdiction. Operations Specification and a Letter of
(a)(8), which are effective September 11, You can find out more about SBREFA Authorization?
2007. Also, affected parties do not have on the Internet at http://www.faa.gov/ 2. Where Are the FAA’s Drug and Alcohol
to comply with the information avr/arm/sbrefa.cfm. All operators Regulations and Who Has To Comply
collection requirements in §§ 91.146, affected by this final rule are ‘‘small’’ by With Them?
91.147, 136.7, and 136.13 until the FAA definition. VII. Comments on Part 136 Operating
publishes in the Federal Register the Requirements
Authority for This Rulemaking A. Applicability and Definitions
control number assigned by the Office of
The FAA’s authority to issue rules B. Letters of Authorization
Management and Budget (OMB) for this C. Minimum Altitudes, Standoff Distances,
information collection requirement. regarding aviation safety is found in
Visibility, and Cloud Clearance
Publication of the control number Title 49 of the United States Code. This D. Affect of the Final Rule on Grand
notifies the public that OMB has rule is issued under the authority Canyon and Hawaiian Operations
approved this information collection granted to the Administrator by E. Passenger Briefings
requirement under the Paperwork Congress in 49 U.S.C. section 40103. F. Overwater Operations
Reduction Act of 1995. Under section 40103(b)(1), the 1. Passenger Briefing for Overwater
Administrator is given the authority to Operations
FOR FURTHER INFORMATION CONTACT: 2. Life Preservers
‘‘develop plans and policy for the use of
Alberta Brown, Air Transportation the navigable airspace and assign by 3. Helicopter Floats
Division, AFS–200, Federal Aviation G. Helicopter Performance Plan and
regulation or order the use of the Operations
Administration, 800 Independence airspace necessary to ensure the safety
Avenue, SW., Washington, DC 20591; VIII. Regulatory Notices and Analyses
of aircraft * * *’’ Section 40103(b)(2) IX. The Amendment—Final Rule Language
telephone: (202) 267–8166; facsimile: grants the Administrator the authority to
(202) 267–8229; e-mail: ‘‘prescribe air traffic regulations on the I. Background
alberta.brown@faa.gov. For legal flight of aircraft including regulations Air Tour operations are conducted in
information, contact: Bruce Glendening, on safe altitudes for (A) navigating, all parts of the United States over
Operations Law Branch, Federal protecting and identifying aircraft; (B) various types of terrain. This terrain
Aviation Administration, 800 protecting individuals and property on includes, but is not limited to, national
Independence Avenue, SW.,
the ground; (C) using the navigable parks, fairgrounds, and urban, coastal,
Washington, DC 20591; telephone: (202) airspace efficiently; and (D) preventing and mountainous areas that range from
267–8011; facsimile: (202) 267–7971; e- collision between aircraft, between unpopulated to densely populated. The
mail: bruce.glendening@faa.gov. aircraft and land or water vehicles, and operators conducting these flights as a
SUPPLEMENTARY INFORMATION: between aircraft and airborne objects.’’ regular part of their business are
Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Rules and Regulations 6885
commonly known as air tour operators, using a ‘‘25-mile exception’’ in 14 CFR 135 contain operational, safety, and
and their operations are often referred to 119.1(e)(2), 121.1(d), and 135.1(a)(5). training rules for these operators.
as commercial air tours. In order to address the unique Additionally, this group must comply
Commercial air tours vary in many circumstances surrounding air tour with the safety provisions in part 136.
ways, but certain characteristics apply operations, the FAA published a notice This first group continues to be subject
to nearly all: (1) A single pilot typically of proposed rulemaking (NPRM) in the to the drug and alcohol testing
conducts the flight during daylight Federal Register on October 22, 2003 requirements of parts 121 and 135.
hours in a single engine airplane or (68 FR 60572). The proposed rule was
modeled on Special Federal Aviation Group 2
helicopter; (2) flights are typically
conducted in visual meteorological Regulation (SFAR) 71, which currently This group consists of air tour
conditions, often without radar coverage governs the commercial air tour operators that would have been
or traffic advisories from an air traffic industry in Hawaii. In the NPRM, we certificated as an air carrier like the first
control facility; (3) flights may be proposed to improve the overall safety group if it weren’t for the 25-mile
conducted near popular scenic areas of all commercial air tours by requiring exception in §§ 119.1(e)(2), 121.1(d),
geographically limited in size and in certification under part 119, except for and 135.1(a)(5). Because of the
dense air traffic in which the mix of certain charitable, nonprofit, or exception, this group is allowed to
airplanes and helicopters may have community events. New safety conduct flights under the operating
different flight characteristics (e.g., standards in part 136 were proposed in rules of part 91. The exception will
speed and maneuverability). Because of the NPRM for all air tour operators, and continue, except for flights over the
all of these factors and characteristics, a the proposal would have resulted in Grand Canyon National Park.2 Even
pilot must use heightened vigilance and renaming and expanding the entire part. though flights are not conducted under
greater precision in navigation to We proposed removing the 25-mile part 121 or part 135, this second group
conduct a commercial air tour exception altogether. The proposals of operators continues to be subject to
successfully and safely. presented in the NPRM have been drug and alcohol testing requirements.
dropped, revised, or adopted as The number of flights allowed is not
In addition, terrain is often a major
discussed in this final rule. limited,3 but private pilots may not be
factor considered in a safely conducted
used. Each operator must apply for, and
flight. Many popular scenic areas are II. Summary of the Final Rule operate in accordance with, a Letter of
located in remote, rugged terrain where
A. Applicability Authorization (LOA) issued by the FAA.
the attraction is the natural beauty of the This group must comply with the safety
site. To view the natural beauty, This final rule applies to commercial
air tours conducted in airplanes and requirements of part 136 subpart A (as
commercial air tours are normally mandated in § 91.147).
conducted at relatively low altitudes, helicopters only. It does not apply to
between 500 and 1,500 feet above gliders (powered or unpowered), Group 3
ground level (AGL). Flights conducted balloons, parachutes (powered or This last group of operators conducts
at these altitudes may be close to unpowered), gyroplanes, or airships.1 In commercial air tours for certain
obstructions and often are alongside this final rule we address three groups charitable, nonprofit, and community
higher terrain. In addition, many air of commercial air tour operations in events. The flights of this group will be
tour operators conduct flights over airplanes and helicopters: limited to the 25-mile exception. This
water. When the terrain factor is added Group 1. Part 119 certificate holders
final rule establishes a new § 91.146 for
to those discussed above, you have a with authority to conduct commercial
charitable, nonprofit, and community
unique industry needing equally unique air tour flights in accordance with either event flights allowing them to continue
regulations to ensure a safe and part 121 or part 135; operating in part 91.4 Section 61.113(d)
pleasurable experience for the Group 2. Part 91 operators conducting
is revised to delete the word ‘‘airlift,’’
passenger. commercial air tour flights in
and a reference to the new § 91.146 is
Currently, commercial air tours accordance with the exception
added to allow private pilots to fly such
beyond 25 statute miles of the departure contained in section 119.1(e)(2) (also
events, and it allows them to operate
airport, and most commercial air tours known as the 25-mile exception); and
without drug and alcohol testing.
Group 3. Part 91 operators conducting
over a unit of the national park system, Private pilots must have at least 500
flights for certain charitable, nonprofit,
must be conducted by someone hours total flight time. Sponsors and
or community events in accordance
certificated under Title 14 of the Code their pilots for charitable and nonprofit
with the exception contained in
of Federal Regulations (14 CFR) part events are limited to four events each
§ 119.1(e)(2).
119, Certification: Air Carriers and
Commercial Operators. These Group 1 2 The exception continues in a limited sense over
commercial air tours must operate in all other national parks, because the Act allows a
This group of commercial air tour total of five commercial air tours per month by
accordance with either part 121; operators must be certificated under 14 someone who does not hold a part 119 certificate.
Operating Requirements: Domestic, CFR 119, to operate in accordance with (See SFAR 50–2; part 93, subpart U; and part 136,
Flag, and Supplemental Operations, or subpart B).
either part 121 or 135. Part 121 and part 3 Other than at most national parks where flights
part 135; Operating Requirements:
are limited to not more than five per month through
Commuter and On Demand Operations 1 The National Parks Air Tour Management Act § 136.37.
and Rules Governing Persons On Board of 2000 (49 U.S.C. 40128) (Act) is only peripherally 4 The FAA finds that (1) logging flight time is a
Such Aircraft. Parts 121 and 135 contain implicated by this rule in that the existing form of compensation; (2) most charities are a
regulations are moved from part 136, subpart A to business holding out to the public through
operational, safety, and training rules part 136, subpart B. The Act applies to all powered advertising and collection of fees directly through
that are not limited to air tour aircraft, not just airplanes and helicopters. To the payment of money much like an air carrier, or
operations. extent an operator covered by this rule flies within indirectly through ‘‘donations’; and (3) private
Part 91, General Operating and Flight an area covered by the Act, it must meet all pilots normally may not fly for compensation or
requirements imposed either directly or by hire. However, the FAA finds that it is in the public
Rules, applies to air tour operators that regulations implemented under the Act. If not a interest to allow some charitable, nonprofit, and
takeoff and land at the same airport and helicopter or airplane, the requirements imposed by community event flights to be conducted under part
stay within 25 miles of that airport this rule will not apply. 91.
calendar year. Sponsors and their pilots Parks Air Tour Management for operators for airplanes with floats,
for a community event are limited to (previously the only thing in part and to some degree, the burden for
one event per calendar year. An ‘‘event’’ 136). Subpart C is reserved for SFAR helicopters with floats. ‘‘Life
may involve several flights but may not 50–2 and Part 93, subpart U (both preserver’’ and ‘‘shoreline’’ are
last more than three consecutive days. addressing Grand Canyon flight defined in § 136.1.
New § 91.146 defines three kinds of operations). —Helicopter performance plan
flights that can be operated under part —The proposed elimination of the 25- (proposed § 136.17) and Helicopter
91, and need not be operated under part statute mile exception in § 119.1 will operating limitations (proposed
135. The operators of these flights must not be adopted. The 25-mile § 136.19) are merged (final § 136.13)
comply with the safety requirements in exception remains in §§ 119.1(e)(2), and amended.
part 136 subpart A, but are not required 121.1(d), and 135.1(a)(5).
to conduct drug and alcohol testing. —Commercial air tour operators in parts C. Compliance Dates
This group was previously allowed to 121 or 135 who also conduct This final rule is effective thirty days
operate without drug and alcohol testing commercial air tours in part 91 must after publication. Operators must
requirements through individual have both operations specifications demonstrate compliance with the new
exemptions. The language from those and a Letter of Authorization. requirements 180 days thereafter. The
exemptions is incorporated into —SFAR 71 for Hawaii is removed and only exception is for helicopter floats.
§ 91.146. has been incorporated into the final The FAA recognizes that affected
rule language as Appendix A to part operators may need more than six
B. Changes From the NPRM
136. months to equip their helicopters with
The final rule differs substantially —Section 135.1(c) is removed because floats. Accordingly, we are allowing 18
from what was proposed in the NPRM certain references to drug and alcohol months for operators who need to
in several areas. Most of the changes are testing have been rewritten. modify their helicopters to complete
directly in response to comments —Proposed deviation authority in the those modifications.
submitted by the public. Most of the NPRM is deleted.
significant changes are listed here and D. Before and After this Rule
—Proposed changes to minimum
the justification for the changes can be altitudes, standoff distances, To further help readers understand
found under the discussion of visibility, and cloud clearance in the the changes to commercial air tour
comments and FAA response that NPRM are deleted. operations in this final rule, we include
follows. The changes include: —The final rule section for life here a chart that clearly illustrates
—Part 136 is divided into subparts. preservers for overwater operations which existing regulations this final rule
Subpart A is National Air Tour Safety (proposed § 136.13, final § 136.9) is affects and what new requirements are
Standards. Subpart B is National modified to greatly reduce the burden included.
Regulatory section Before this rule After this rule
PART 61
Section 61.113 ......... Paragraph (d) of this section provided Section 61.113 now directs the reader to 91.146.
for the use of private pilots during
charity flights. The section contained
certain conditions and limitations on
how private pilots could operate for
compensation or hire in the interest
of charity. Some of those conditions
and limitations included who was
considered a charity, how a sponsor
must notify the FAA of an operation,
what kind of airport was acceptable
for such operations, the airworthi-
ness of the aircraft in operation, and
the number of hours a private pilot
must have to operate such flights.
PART 91
Section 91.146 ......... Did not exist .......................................... Many of the conditions and limitations from 61.113 are retained in this new
section. They are kept mostly intact with some revisions to the private pilot
hour requirement, what information the FAA requests of the sponsor, and
the number of events a sponsor and pilot may participate in each year 5.
New requirements in this section include:
1. We define the terms charitable event, non-profit event, and community
event.
2. A private pilot operating a flight described in this section must have 500
hours. This is increased from the previous requirement for 200 hours.
3. Operations under this section are limited for sponsors and pilots. No spon-
sor or pilot may exceed 4 charitable or non-profit events per calendar year,
or exceed 1 community event per calendar year.
4. All flights under this section must be non-stop, beginning and ending at the
same airport, and flown within a 25-mile radius of the airport. This has al-
ways been the case, but not as easy to find.
5. Operators under this section must conduct operations in airplanes or heli-

copters with a standard airworthiness certificate.
6. Operators under this section must comply with part 136, subpart A (National
Air Tour Safety Standards).
Section 91.147 ......... Did not exist .......................................... This section applies to part 91 operations for compensation or hire.
1. Operators under this section must apply for and receive a Letter of Author-
ization (LOA). This removes the burden of Operations Specifications that
come with full air carrier status, yet allows the FAA to build a database of
part 91 compensation or hire operators conducting air tour operations.
2. Operators under this section must comply with drug and alcohol require-
ments. This is not a new requirement, but some operators have misunder-
stood the requirement. Certain operators have received an exemption from
drug and alcohol testing requirements.
3. Operators under this section must comply with part 136, subpart A (National
Air Tour Safety Standards).
4. Operators under this section must conduct operations in airplanes or heli-
copters with a standard airworthiness certificate. Some Antique/Vintage civil
and military aircraft operating under this section will continue to need exemp-
tions from this requirement.
PART 119
Section 119.1 ........... This section prescribes Applicability, Paragraph (e)(2) remains largely the same. The differences in the final rule
and paragraph (e)(2) describes the are:
‘‘25-mile exception’’ cited in the final 1. The paragraph used to refer to ‘‘sightseeing flights,’’ (undefined) and now
rule. refers to ‘‘Commercial Air Tours’’ (defined in 119.3 and part 136, subpart A).
2. The paragraph clarifies that operations in this exception are for compensa-
tion or hire.
3. Operators using this exception must comply with the LOA issued under
91.147.
4. Operations in this exception must be conducted in airplanes or helicopters
with a standard airworthiness certificate.
PART 121
Section 121.1 ........... This section prescribes Applicability for Paragraph (d) is amended to replace the term ‘‘sightseeing’’ with ‘‘Commercial
Part 121. Paragraph (d) addresses Air Tours.’’ This section also requires compliance with part 136, subpart A
sightseeing flights. (National Air Tour Safety Standards). We make a technical correction in
paragraph (d) to include alcohol testing requirements in two sections that
were inadvertently removed in a previous rulemaking (121.458 and 121.459).
PART 135
Section 135.1 ........... This section prescribes Applicability for 1. Paragraph (a)(5) is amended to replace the term ‘‘sightseeing’’ with ‘‘Com-
Part 135. Paragraph (a)(5) address- mercial Air Tours.’’ Also, the paragraph now makes reference to 119.1, and
es sightseeing flights, and para- requires compliance with part 136, subpart A (National Air Tour Safety
graphs (c) and (d) defined ‘‘operator’’ Standards).
and drug and alcohol testing require-
ments.
2. Paragraph (c) is amended. Previously, paragraph (c) defined an ‘‘Operator’’
as it pertains to the requirements for Part 135. We now reference part 119 to
provide the drug and alcohol definition for ‘‘Operator’’ and replace the testing
old paragraph (c) with a new one that is made up of the requirements pre-
viously found in paragraph (d). Part 119 did not exist when 135.1(c) was
written, so this is a technical amendment.
PART 136
Subpart A (136.1– Did not exist .......................................... This Subpart contains the safety standards and definitions applicable to Com-
136.13). mercial Air Tours.
Subpart B ................. Did not exist .......................................... We moved the requirements that were previously the whole of part 136 into
new sections and this new subpart, but didn’t change any of the substance.
This subpart contains National Parks Air Tour Management regulations.
Subpart C ................. Did not exist .......................................... We created a Subpart C and reserved the space for the possible movement of
the Grand Canyon air traffic rules (SFAR 50–2 and Part 93 Subpart U) so
commercial air tour regulations are in one location.
Appendix A ............... Did not exist .......................................... This Appendix holds all of the requirements once found in SFAR 71—Oper-
ations in Hawaii. These requirements were previously attached to Part 91,

but we moved them into this newly created Appendix to have all Commercial
Air Tour regulations in one location: Part 136.
Miscellaneous Requirements
SFAR 71 ................... Was a separate rule located in front of SFAR 71 has always been attached to Part 91. We have taken all of SFAR 71
Part 91. and inserted it as Appendix A into Part 136. Now air tour operators in Hawaii
will find the same conditions and limitations in SFAR 71 in this new Appen-
dix. We have not changed the text, only the location.
SFAR 50–2 and Part SFAR 50–2 is a separate SFAR lo- These regulations pertaining to air traffic routes and guidance in Grand Can-
93, Subpart U. cated in front of Part 91, and Part yon National Park remain unchanged. We reserve ‘‘Subpart C’’ in Part 136
93, Subpart U is where it is. for whenever we decide to co-locate these regulations with other Commer-
cial Air Tour regulations.
III. Comment Summary adopted, would result in increased A. National Transportation Safety
We received more than 2,300 safety. Board (NTSB) Recommendations
comments to this rule from individual 8. Flights operated for ‘‘charity’’ The Aircraft Owners and Pilots
pilots, trade organizations, commercial would be stopped. Association (AOPA) stated that the
air tour operators, charity organizations, 9. Deviation authority should not be ‘‘FAA has promulgated this NPRM in
historic aircraft operators and others. At in the rule. response to NTSB recommendations
the request of commenters, the FAA 10. The proposed rule mixes concerning the safety of commercial air
extended the comment period twice, helicopters and airplanes at one altitude tours.’’ AOPA argued that FAA had
allowing a total of 240 days in which to (compression). already issued regulations to address
comment. The FAA also convened two most of the NTSB’s concerns through
11. Compliance with proposed
face-to-face public meetings; one in SFARs 50–2 (Grand Canyon) and 71
minimum altitudes and standoff
Washington, D.C. on May 11, 2004, and (Hawaii), and therefore, the sole
distances result in an undesirable tour
the other in Las Vegas, NV on May 21, justification for the NPRM was NTSB
and thus would result in a loss of recommendation A–95–58, which
2004. In addition, the FAA conducted a business.
two-week Virtual Public Meeting on the recommended eliminating the 25-mile
12. Many operators have agreements sightseeing exception in § 119.1(e)(2).
Internet from February 23 to March 5,
with air traffic to conduct flights a AOPA asserted that the FAA’s accident
2004, that was further extended an
certain way and this proposal conflicts data does not support inclusion of
additional two weeks to March 19, 2004
with those specific agreements. sightseeing and charity flights,’’ and
due to the many comments received.
While some commenters supported Below we discuss and respond to the contended that ‘‘the FAA is NOT
the proposed rule, most notably the many suggestions and arguments compelled to adopt all NTSB
National Transportation Safety Board presented to us during the comment recommendations and has the authority
(NTSB), most commenters opposed the period. We broke our response to and ability to close NTSB
NPRM on one or more of the following comments into four major categories to recommendations with alternative or no
grounds: make it easier to read. Within those four action.’’ AOPA cited a few specific
1. FAA is attempting to impose a one- categories, we have tried to address examples from the 549 NTSB
size-fits-all mentality. some general concerns before providing recommendations it found ‘‘that were
2. FAA does not recognize the any detailed response. For instance, it closed with no action taken because the
geographical and environmental became obvious when reading FAA either disagreed with the NTSB’s
differences associated with different comments that many people did not recommendation or failed to take action
operations. understand the difference between an in a timely manner.’’
3. Part 91 operators will go out of ‘‘exemption,’’ an ‘‘exception,’’ and a The FAA agrees with AOPA that it is
business if forced into part 135. ‘‘deviation.’’ Therefore, we answer that not compelled to adopt NTSB
4. Millions of Americans would be question before going into specific recommendations. The NTSB is charged
denied the opportunity to experience comments under the ‘‘part 91 with issuing recommendations that it
flight at a grassroots level. This would operations’’ section of comment believes will improve the safety of
ground vintage aircraft, barnstorming, response. The four categories we’ve aviation without any consideration of
military history, and other areas of used to organize our response to the costs of these recommendations. In
aviation promotion and heritage. comments are: this case, the recommendations were
5. The existing rules are more than 1. General comments on the proposal; based on a study of the entire air tour
adequate if obeyed by operators and industry; including operations
2. Comments on extending part 135
enforced by the FAA against operators conducted under the 25-mile exception.
certification for the entire industry;
who do not obey them. The FAA decided during the NPRM
3. Comments on part 91 operations; stage of this rulemaking that the NTSB
6. The proposal is not supported by and
accident data. Since air tour accidents recommendations had some validity
4. Comments on part 136 operating and attempted to meet their intent with
are all in part 135, why does the FAA requirements.
propose to place all operators in part proposed rule language.
IV. General Comments on the Proposal In view of the comments, we have
135?
decided not to eliminate the 25-mile
7. There is insufficient evidence to
The comments addressed here were in exception as presented in the proposal.
ensure that the proposed rules, if
opposition to the general nature of the The cost associated with placing all air
5 We have imported several conditions for private
rule. Comments in opposition to tour operations into part 121 or part 135
pilot operations in support of charity, non-profit,
specific parts of the proposal are far outweighs any potential increase in
and community event flights from approximately addressed in the sections two, three, safety. However, aviation safety requires
100 existing exemptions. and four of this preamble. these commercial air tours comply with
some additional safety rules. The part 121 and 135 air tour operations are organization to effect and enhance these
problems that resulted in the NTSB concentrated in unique areas of the type operations.’’ AFA and The
recommendations are not limited to the nation, primarily Hawaii and the Grand Lightship Group recommended the FAA
Grand Canyon and Hawaii. They are Canyon, and that these environments establish an Aviation Rulemaking
common to most commercial air tour are not typical of the remainder of the Committee or an Aviation Rulemaking
flights conducted throughout the U.S. country. They suggested it would not be Advisory Committee to assist in drafting
Thus, many aspects the special aviation appropriate to extrapolate regulations a rule taking the aviation community’s
safety rules that apply to commercial air that might be working in one concerns into account.
tour operations in the Grand Canyon specialized area to the entire universe of We declined to establish a rulemaking
and Hawaii should also apply to the rest air tour operations. Additionally, they committee to develop national air tour
of the country. stated that there are already layers of standards. The FAA already developed
The NTSB, in its comments submitted regulations applicable to Hawaii and the an NPRM for National Air Tour Safety
to the NPRM, supported the proposed Grand Canyon, and the NPRM would Standards, had a 240-day comment
rule and believed implementation of the establish complicated rules, making period, and conducted an Internet
requirements in the proposal was long compliance all the more difficult. meeting and two public meetings. We
overdue. We have analyzed all The FAA agrees that there may be received over 2,300 comments in the
comments received in response to the multiple reasons for accident rate docket. We do not believe a rulemaking
NPRM and find that the regulatory improvement in Hawaii and other parts committee would provide any
action the FAA is taking is an of the country. However, we also believe additional information. Accordingly, we
appropriate and responsible response to that SFAR 71 has had a positive impact. have developed this final rule based on
the NTSB recommendations. Certainly, improved technology aided in the comments already submitted.
making air tour operations in Hawaii
B. SFAR 71 Should Not Be the Model D. Accident Data Does Not Support
safer, but we do not support the claim
A number of commenters, including Change
that technology and operator action are
the Experimental Aircraft Association solely responsible for improved safety. A number of commenters questioned
(EAA), the United States Air Tour Rather, we believe there is a the accident data used by the FAA to
Association (USATA), the Helicopter relationship between the imposition of justify the proposed rule changes. Most
Association International (HAI), Blue a minimum, mandatory safety standard of these commenters questioned the
Hawaiian Helicopters, Air Vegas and the decrease in accidents. Purely basis for requiring operation under part
Airlines, and the National Air voluntary improvements that 135 since a high number of the cited
Transportation Association (NATA), significantly increase safety would be accidents involved aircraft operating
questioned the FAA’s basis for modeling unlikely to coincide so neatly with the under part 135 at the time of the
the proposed rules on SFAR 71, which implementation of SFAR71. accident. Collings said, ‘‘Since many of
governs the commercial air tour The United States has many areas the accidents involve part 135 operators,
industry operating in Hawaii. with rugged terrain, bodies of water, and it should be clear that part 135 is not the
Commenters argued that the SFAR 71 vertical cliffs that are subject to rapidly answer.’’ The Seaplane Pilots
rules were not responsible for the changing weather patterns. Although air Association stated, ‘‘Of the 12 accidents
improved safety in air tour operations in tours may vary as to what kind of terrain cited as exemplary of the need for this
Hawaii. They stated that air tour is flown over, the FAA’s concerns over change, 83% were conducted under part
operations in Hawaii are safer because flights conducted throughout the United 135.’’ Similarly, the Tennessee
of improved technology and operators States are the same. For example, flight Department of Transportation stated,
taking more action to improve safety. over water presents a risk to passengers ‘‘Part 135 air tours resulted in almost
Specifically, Papillon Airways Inc., regardless of whether that water is the twice as many deaths as their part 91
commenting on behalf of the Tour Pacific Ocean, Lake Mead, or a large counterparts.’’
Operators Program of Safety (TOPS), reservoir. The Minnesota Department of
cited two reports that state SFAR 71 had Transportation (MDOT) raised questions
no effect on the accident rate reduction C. Withdraw the NPRM and Establish an about the statistics cited in the NPRM
since its enactment. One report posited Advisory Committee and asserted that they did ‘‘not bolster
that the altitude restriction in SFAR 71 A number of commenters (AOPA, the argument that part 135 operations
has actually made air tours in Hawaii NATA, Antique Airplane Association, are safer.’’ MDOT said that there was no
more dangerous by compressing Aviation Foundation of America (AFA), data that would allow the reader to put
available airspace. The other The Lightship Group) recommended the the cited numbers in context. MDOT
acknowledged a decrease in accidents FAA withdraw the NPRM on the asked, ‘‘Did the 75 accidents stem from
but did not credit SFAR 71 with that grounds that, as NATA asserted, ‘‘There 1,000 or 10,000 or 100,000 total
decrease. Papillon claimed that the is a lack of sufficient data to support the operations?’’
reduction in the number of accidents FAA’s determination of a need for, and The Professional Airways Systems
since SFAR 71 is due entirely to the costs associated with, the proposed Specialists (PASS) questioned the
replaced engines (resulting in fewer regulations.’’ AOPA stated, ‘‘Nothing in FAA’s use of the August 24, 1997, crash
power failures) and the creation of the original Federal Register notice or off Ocean City, MD, as one of the
TOPS. information that has been made reasons for changing the rules. The
Other commenters, including the available during the comment period, NTSB report indicated that the aircraft
NTSB and NorthStar, stated that FAA including the FAA virtual meeting, stalled and crashed because the pilot
did not complete a review of the indicates there is a significant safety began an aerobic maneuver at an
effectiveness of SFAR 71 in this issue on sightseeing and charity flights altitude of approximately 300 feet AGL.
rulemaking process, which they believe that the FAA must address by advancing PASS asked, ‘‘Since the aircraft was
is necessary to evaluate whether the this rulemaking initiative.’’ already in violation of a FAR, how is
SFAR 71 rules actually accomplished The Antique Airplane Association making the pilot meet part 119 and part
their intended goal. They also suggested the FAA consider ‘‘the 135 going to keep this kind of accident
commented that the majority of existing formation of an industry run from happening?’’ The Seaplane Pilots
Association also asserted, ‘‘Many of the place, or that the flight would not be result in an impracticable regulatory
accidents profiled resulted from actions considered an air tour. The data on part scheme and would inevitably result in
that are prohibited under both part 91 135 operations is more robust. A part the FAA failing to adequately assure the
and part 135, and part 135 status 135 sightseeing accident is normally safety of the flying public. When the
appeared to have little effect on the listed that way; as a sightseeing NTSB and FAA investigate an accident,
safety of the flights profiled in the accident. The part 135 operators the recommendations are applied to the
NPRM.’’ TOPS said, ‘‘Safety statistics do conducting sightseeing flights are well broad category of operators or persons
not justify special regulations for known and their accidents are usually who conduct the same type of operation
helicopter tours conducted by newsworthy. Most part 135 sightseeing and who might have the same potential
commercial operators under part 135 (as operators conduct sightseeing flights all risk of a similar accident. For instance,
differentiated from ‘‘sight-seeing’’ flights day, every day (although some are if particular operators using 30-
conducted on an ad hoc basis under part seasonal) providing more data points. passenger turboprop airplanes crash on
91).’’ It continued, ‘‘TOPS operators In other words, the accident data approach due to preventable crew
during calendar year 2003 experienced presented in the NPRM may have given errors, the FAA would not regulate only
1.13 accidents per 100,000 air tour the impression that there were more those particular crew members. The
hours, compared with 998 accidents per part 135 accidents than part 91, but that FAA would regulate all operators and
100,000 flying hours for the civil is not necessarily true, particularly as a crews using the same equipment. In this
helicopter fleet at large.’’ percentage of total sightseeing final rule the FAA is regulating the air
Kenmore Air Harbor questioned the operations. As we discussed in the tour industry, not just those air tour
use of accidents in Hawaii (particularly NPRM, we have definitive data between operators experiencing an accident.
helicopter accidents) to justify the 1993 and 2000 that there were 75 part
proposed rule. Kenmore stated, 91 commercial air tour accidents, and E. Increased Noise and Other Impacts
‘‘Needed regulations, which address 53 part 135 commercial air tour on National Parks
safety deficiencies in Hawaii should not accidents. While the data is simply not The USATA believed the proposed
nor need not apply to other geographical accurate enough for us to conclude an lower altitudes for multi-engine
areas.’’ HAI, NorthStar Trekking exact number of part 91 flights that helicopters provided an incentive to
(NorthStar), and other commenters also include sightseeing and how many of convert to noisier twin-engine
questioned the use of Hawaii accidents those have had an accident, the helicopters. The commenter believed
to justify the proposed rule changes. In captured part 91 flights need new this was in conflict with the National
a similar vein, AFA stated that the standards for their operation. MDOT Parks Air Tour Management Act of
accidents cited as justification for the makes a good point in its comment that 2000, which mandates incentives for
NPRM are mostly helicopter operations the number of accidents listed is hard to quiet technology aircraft. USATA stated,
over water in Hawaii and do not reflect put into perspective unless it is known ‘‘This mixed message is confused and
the ‘‘superb safety record of part 91 how many part 91 and part 135 shows a lack of policy coherence and
fixed wing operators* * *’’ commercial air tour flights took place in initiative. Which way does the FAA
The NTSB argued that better reporting that time. The first step in gathering want the helicopter air tour industry to
requirements could lead to the enough information to calculate an go? The FAA should have a well
development of better data. It stated, accurate accident rate will be the reasoned, coherent and coordinated
‘‘national air tour safety standards establishment of the database supported plan that addresses both public safety
should include a provision that is by the application and approval of and noise abatement for the air tour
similar to 14 CFR 121.693(e), which LOAs, as required in § 91.147. Since we industry.’’
requires the certificate holder to include are not requiring part 91 operators to NorthStar commented that the
a list of passengers’ names on the load report flight hours in this final rule, we proposed altitude restrictions would be
manifest or to secure this information by still will not be able to calculate an less safe and would result in more noise
another means.’’ accident rate when this rule is impact. NorthStar also commented that
The FAA acknowledges that the data published. However, part of the safety the FAA had not included any noise
on part 91 accidents is less than ideal. improvements in this rule include data or analysis as a part of this NPRM
Thus, comparing a list of part 135 increased FAA oversight of these and had therefore not provided an
accidents against a list of part 91 operations. Through the LOA, we will adequate opportunity for comment on
accidents is not productive. Only a few now have geographic oversight of what appears to be the rationale behind
of the total number of part 91 accidents operations on which we previously did the change in minimum altitudes.
researched were listed in the NPRM. not have information. In response to the The National Park Service (NPS) was
The official NTSB accident reports we NTSB comment and recommendation to particularly concerned about the
researched didn’t specify whether the include a provision similar to 14 CFR potential for adverse effects on wildlife
flight was ‘‘sightseeing.’’ Some reports § 121.693(e) in the rule, which would resources as a result of the proposed
said ‘‘sightseeing’’ in the narrative, but have required operators to list passenger altitude restrictions. The NPS was
most only noted the flight as part 91. names on load manifests, that concerned that the proposed minimum
Because of these limitations in the data, recommendation is outside the scope of standard of 1,000 feet AGL over ‘‘raw
the FAA cannot assume that part 91 this rulemaking. However, we anticipate terrain’’ may affect sensitive park
flights are, in fact, safer than part 135 that the database based on LOA resources or visitor experience. Of
flights. An accident during a part 91 applications will generate useful data special concern to NPS were the
operation at a traditional sightseeing for future analysis. proposed special deviations that would
spot like the Grand Canyon, Niagara The FAA does not agree with the have allowed the FAA to approve a
Falls, or at a water fall in Hawaii is commenters who believe rulemaking to lower minimum altitude of not less than
normally expected to be a sightseeing improve regulatory safety is not justified 500 feet AGL for single engine
flight, but it might not be. An accident unless an actual accident is experienced helicopters, and not less than 300 feet
report that doesn’t say ‘‘sightseeing’’ or by a particular operator, group of AGL for multi-engine helicopters. The
‘‘air tour’’ is not necessarily a definitive operators, type of operator, or NPS commented that the scientific
report that sightseeing did not take foundation. Such an approach would community had studied the effects of
aircraft flight on wildlife for many years necessary. Since many of the air tour military aircraft and foreign type-
and provided details on studies that operators fly inside and outside national certificated aircraft do not hold standard
showed negative impacts to wildlife due parks, the conversion to quiet airworthiness certificates and cannot
to low-level aircraft. NPS concluded, technology will have a broader benefit qualify under part 135. EB Air asked
‘‘The NPS appreciates the concerns of than just inside national parks. In any how operators of such aircraft would
the NTSB and the FAA that minimum event, this final rule does not change address and conform to the many part
flight standards could create a any of the altitude minimums already in 135 requirements regarding time life
compressed flight environment, place. Those altitudes are safety-driven. items such as engine and propeller total
particularly over areas of high interest. Any future ATMP final rule that times, engine accessory service life, and
However, no analysis of alternatives has changes altitude minimums must meet replacement of parts.
been presented for the suggested AGL established safety standards. Bar Harbor Aviation commented that
and therefore, without additional With regard to the NPS’s specific the additional paperwork, bookkeeping,
information, it is not possible to concern about allowing airplanes to manual writing, equipment, time, and
determine if there is an option that descend to 1,000 feet AGL and money required to become a part 135
affords greater protection to park helicopters to 500 feet AGL or 300 feet operation would not make the operation
resources while also allowing for a safe, AGL, the FAA notes that current part any safer, just more complex and
high quality air tour.’’ 135 Visual Flight Rule (VFR) minimum expensive to operate. Waldo Wright’s
NPS also stated that it was a altitudes are established in § 135.203 at Flying Service commented that,
cooperating agency and cosignatory 500 feet above the surface during ‘‘Because of the increased regulatory
with the FAA and they together are daytime for airplanes, and 300 feet standards and certification costs of a
responsible for implementation of the above the surface for helicopters multi-pilot part 135 certificate, I would
National Parks Air Tour Management operating over congested areas. There is have no choice but to split my company
Act of 2000. Accordingly, the NPS had no listed minimum for helicopters over up and apply for a one aircraft-one
some concern regarding the potential other-than-congested areas. In other- operator part 135 certificate for each
impact this rulemaking process will than-congested areas, helicopters may aircraft.’’ Waldo Wright also commented
have on the National Environmental go below 300 feet AGL. FAA Advisory on the difficulty and expense of
Policy Act (NEPA) analyses and Circular 91–36D, Visual Flight Rules obtaining insurance for operations
resultant air tour management plans (VFR) Flight Near Noise-Sensitive Areas conducted under part 135, compared to
(ATMPs). NPS stated that the National (as amended, September 17, 2004), part 91. USATA believed a ‘‘one-size-
Parks Air Tour Management Act also recommends a 2,000 feet AGL limit over fits-all’’ approach was not the most
outlines appropriate alternative actions ‘‘noise sensitive areas.’’ This is a prudent way to approach the issue.
that may be considered in an ATMP. voluntary limit that is based on general USATA stated that the FAA failed to
These actions, NPS commented, may environmental concerns and not the take into consideration the uniqueness
include the prohibition of air tours over safety concerns that are the identified of full-time commercial air tour
a national park, in whole or in part, and purpose of this final rule. operations and the considerable
may establish conditions for the The FAA has more restrictive altitude experience of current part 135 and 121
conduct of commercial air tours. The standards for air tours in Grand Canyon commercial air tour operators in
operations may include commercial air National Park and Hawaii because of the publishing the NPRM, and would
tour routes, maximum or minimum large number of commercial air tour impose additional new requirements
altitudes, time of day restrictions and flights in a relatively small amount of with too broad a regulatory brush.
maximum number of flights per a unit airspace and the demonstrated hazards. USATA stated, ‘‘Evidence of that is
of time. NPS stated that two of these In view of many of the comments and clear since nearly every operational
actions, commercial air tour routes and our reassessment of the relative safety regulatory provision contained in this
maximum or minimum altitudes, are risks, the FAA decided not to change NPRM also contains a way in which the
identical to the type of actions minimum altitudes in other portions of FAA Administrator may grant
identified in the proposed rule. the country. For the same reasons, we exceptions. If nearly all of these
We did not propose any commercial proposed requirements are
decided not to adopt the proposed
air tour routes, time of day restrictions, ‘exceptionable,’ then the justification for
visibility, cloud clearance, and standoff
or maximum number of flights per unit imposing them in the first place must be
distance restrictions for other portions
of time in the NPRM, because this rule suspect.’’ AFA stated that there is no
of the country. Any ATMP supplements
is limited to addressing the safety of air statistical data that can lead one to
this final rule.
tours, not their impact on the conclude that the affected operations
environment. As noted by NPS, those V. Comments on Part 135 Certification would be any safer if required to
concerns are more appropriately become certificated and operated under
A. Against Part 135 Certification
handled as part of the ATMPs. In regard part 135.
to altitudes, we did not adopt any of the Some commenters stated that the AOPA stated that ‘‘It is important to
proposed altitude changes, and the long- requirement to be certificated under part note that the primary reason for
standing altitude restrictions continue 119 and obtain approval to operate eliminating the part 91 exemption under
unchanged. Accordingly, the FAA does under part 135 would be difficult or the National Parks Air Tour
not believe that this rule changes the impossible for certain types of aircraft Management final rule was not because
ATMP analysis in this regard. and operations. Sopwith Ltd., used as of safety, but was a regulatory means to
The FAA does not agree that this rule an example the Ford TriMotor aircraft it control these operations for purposes of
will circumvent the goal of the Act and operates, and stated, ‘‘While the Ford is conducting air tours over national
its promotion of quieter aircraft. The a type-certificated design and holds a parks.’’ Similar comments were made
FAA anticipates ATMPs will address standard airworthiness certificate, the during public face-to-face meetings and
NPS’s concerns for the national parks by Ford cannot be operated under part 135, the Internet meeting.
establishing tour routes, altitude limits, because it cannot meet all the In the National Park Air Tour
incentives for quiet aircraft technology, requirements of part 135.’’ Similarly, Management final rule, certification
and other requirements where AFA commented that many vintage ex- under part 119 was required for all
operators with limited exceptions. The departure airport, and the flight must ‘‘sightseeing flights’’ from parts 119 and
FAA issued the final rule for the return to that same airport. As has 135 is appropriate. EAA provided
National Parks requiring certification for always been the case, the exception suggested rule language to clarify the
many reasons, including improved does not apply to point-to-point definition of ‘‘commercial air tour’’ and
safety and oversight, and to meet transportation landing at a second to make other changes.
requirements contained in legislation. airport. Passenger-carrying flights PASS stated that the FAA’s proposed
Many of these part 91 operators operated for compensation or hire response to the NTSB’s
compete with part 135 commercial air outside the exception must be recommendation number A–95–58 is
tour operators, and have chosen to conducted in accordance with the flawed and unworkable because it failed
operate under the exception provided in operating provisions of parts 121 or 135 to recognize the differences between
§ 119.1(e)(2). In making this choice, the as appropriate, or under an exemption. operators providing public air
operator does not have the flexibility We added the requirement to transportation in the full sense of the
provided to an air carrier but can § 91.147, Passenger carrying flights for word (i.e. a certificated air carrier), and
significantly lower operational costs compensation or hire (Not otherwise those providing a lesser service. PASS
while receiving compensation for the covered by § 91.146), for operators to stated that Congress intended the FAA
flight. The FAA recognizes that many of apply for and operate in accordance to provide only a sensible ‘‘minimum
the commenters could meet the with a Letter of Authorization (LOA). level of safety standard’’ for other air
requirements to operate under part 135, LOAs are legal documents required by commerce operations when they
but only at a significant increase in rule to be in writing and under which enacted the FAA Act of 1958, and again
overall cost of operation. the operator must provide certain when they re-codified the law at 49
Aircraft with an airworthiness information concerning how it conducts U.S.C. 44701. In the FAA’s set of
certificate that is other than ‘‘standard’’ its business. This provision addresses proposals, PASS stated, the FAA did not
(e.g., ‘‘Restricted Category,’’ ‘‘Limited the concerns voiced in NTSB adequately consider the differences
Category,’’ or ‘‘Experimental Category’’) Recommendation A–95–58, where the between public transportation of an air
cannot be used to carry people for NTSB expressed concern that the FAA carrier, and the unique type of
compensation or hire.6 (14 CFR 91.313, did not have any way of overseeing ‘‘sightseeing event’’ this segment of air
91.315, 91.317, and 91.319.) An these operators, because FAA didn’t commerce provides to the public.
‘‘Experimental Category’’ certificate know who they were and where they The General Aviation Manufacturers
does not allow carrying passengers at operated. This LOA requirement Association (GAMA) commented that
all. Most, if not all, of the military and provides us with basic information on ‘‘The air tour industry is rich in its
many vintage airplanes have restricted the operator and its business that is less diversity with companies ranging from
airworthiness certificates. Thus, the extensive than the information and individuals that offer rides in single
operators of such aircraft can only carry numerous other requirements needed to airplanes to organizations specializing
persons for compensation or hire if they become an air carrier, but greater than in vintage flying to helicopter and fixed
have an exemption. Many of the what we have under the existing wing operators with large fleets
commenters said they do not fit into regulations. The LOA merely adds some operating in the nation’s national
part 135, but it is evident that some of data elements to the registration parks.’’ According to GAMA, the NPRM
those same commenters also may not fit requirements already applicable to these did not properly accommodate the range
into part 91 when carrying passengers operators under the FAA’s drug and of operations performed by these
for compensation or hire. The FAA alcohol testing regulations. We have different entities.
recognizes that some of the aircraft with determined that the LOA is significantly HAI also commented that a
other than standard airworthiness less burdensome than obtaining a part distinction should be drawn and
certificates could meet standard 119 certificate for operations under 135. recognized by the FAA between
airworthiness certificate requirements. Because the LOA requirement provides commercial air tours and sightseeing
Operators of these aircraft could apply a relationship between the FAA and the operations. According to HAI,
for a standard airworthiness certificate, § 91.147 operator, as well as the commercial air tours, for the most part,
which would relieve them of any information the FAA needs for tracking are conducted under part 135 where the
obligations to operate under an the operator, we believe it satisfies the operator realizes a major part of its
exemption. substance of the NTSB’s income is from air tours and advertises,
In response to many of these recommendation. either seasonally or annually, for air
comments, the FAA will allow operators tours over specific and recognizable
currently conducting air tours under B. ‘‘Sightseeing’’ vs. ‘‘Commercial Air scenic features. Sightseeing, on the
part 91 to remain in part 91. The 25- Tours’’ other hand, tends to fall under part 91,
mile exception in § 119.1(e)(2) will not EAA maintained there should be a where less specific, more generalized
be eliminated as proposed. Since these regulatory distinction between ‘‘air tour flights are conducted over different and
operations tend to be similar to operators’’ and ‘‘sightseeing’’ flight varying routes. HAI commented that
commercial air tour operations (i.e., operations. EAA saw air tour operators there are significant numbers of
day-time VFR, low-level, single pilot, as being fairly substantial commercial operators who safely conduct thousands
short-term, non-stop flights over varying ventures operating a fleet of aircraft in of sightseeing flights under part 91. HAI
types of terrain), we will require these continuous (perhaps seasonal) service stated the FAA did not produce any
flights to comply with the safety over recognized public attractions such compelling evidence indicating that the
provisions of part 136 subpart A. as national parks and monuments. relatively small percentage of
The 25-mile exception is for However, EAA believed operators passengers choose to sightsee via part 91
passenger-carrying compensation or hire conducting more casual ‘‘sightseeing’’ operations do so at an increased risk.
flights in airplanes (of a certain size) flights using a single aircraft and more Similarly, Sopwith, Ltd., stated that
and helicopters (of a certain size) random general interest routing should the FAA had lost sight of what is, and
operating within 25-statute miles of the not be held to the same standards as ‘‘air what is not, a ‘‘commercial air tour.’’
tour operators.’’ In this regard, EAA The problem, according to Sopwith, is
6 See 14 CFR 91.313, 91.315, 91.317, and 91.319. believed the existing exception for confusion over the word ‘‘sightseeing.’’
Sopwith believes local flights flown as requirements further in the document. survey on the NPRM and found that
introductory rides or as barnstorming In addition, we are adopting the data those who reported sightseeing rides
rides in vintage aircraft may be collection provisions that would have were their primary business also
characterized as ‘‘sightseeing’’, but they been included had these operators been reported that they did not believe their
are not a ‘‘commercial air tour’’ activity. required to comply with part 135 (see aircraft could meet part 135
Sundance Helicopters, Columbia new § 91.147). The data that we collect requirements.
Seaplane Pilots Association, Papillon will assist the FAA in monitoring these Commenters stated that the main
Airways, Inc., U.S. Parachute operations, which will result in greater obstacle to part 135-certification would
Association, and the Collings oversight of the industry and the ability be meeting the airworthiness
Foundation made similar comments. to measure the safety benefits of the requirements. Waldo Wright’s Flying
Offering a different view, NATA rule. Service listed some types of aircraft
believed ‘‘there is sufficient cause to Before this final rule, § 119.1(e)(2) used for barnstorming, such as the
maintain local sightseeing in part 91,’’ applied to certain ‘‘sightseeing’’ flights Travel Air 4000, the New Standard D–
and ‘‘FAA could take steps to identify for compensation or hire conducted 25, the Brunner Winkel Bird, the Boeing
the population and implement any within 25 miles of the takeoff airport Stearman, the Waco UPF and YKS
necessary safety standards within part and return to the same airport (not models, and stated, ‘‘While some of the
91, should they be necessary.’’ point-to-point transportation). In this above aircraft manufactured in the
We have listened to the comments final rule, we have deleted the word 1940’s may have Pilot Operating
and decided not to force any part 91 ‘‘sightseeing’’ from the 25-mile Handbooks, Maintenance and Parts
operators to move into part 135 as long exception and inserted the phrase Manuals, the aircraft vintage 1929–1939
as they adhere to the conditions of the ‘‘commercial air tour’’ in its place. (See have no such luxury; they are operated
25-mile exception. Many operators in new § 119.1(e)(2)) It is important to note in accordance with markings, placards
part 91 now operate a business similar that commercial air tours are defined as and operations limitations. To bring
to an air carrier that is limited to flights of which one purpose is aircraft like these into conformity with
conducting commercial air tours. They sightseeing. Sightseeing is one of the FAR Part 135 would be very costly to
advertise for hire and carry more several factors the FAA considers when small operators, if not impossible.’’
passengers than many air carriers. Their assessing whether or not a flight is an They suggest that, instead of requiring
Websites are replete with advertising, air tour operation. (See ‘‘commercial air certification under part 119, part 91
and many operate every day and move tour’’ definition new sections 136.1 and operators be required to submit a
from airport to airport seasonally. 119.3). Written Statement of Operation that
HAI commented that there are states who will do what flights, where,
thousands of part 91 flights conducted C. Antique/Vintage Civil and Military
when, and in what equipment. This
in a single aircraft, with a single pilot. Aircraft
statement could be renewed annually
We know there are many operators who Many commenters addressed the along with the submission of a flight
conduct flights under part 91 (single applicability of the proposals to classic hour summary and completion of a
pilot, compensation or hire flights in an and vintage military aircraft used for survey. The FAA could then monitor
on-demand environment), under the ‘‘barnstorming’’ rides. The AFA stated the industry and collect reliable and
existing 25-mile exception. Some of that the result of implementing the accurate data that could then be used for
these operators go to a different airport NPRM ‘‘would be the elimination of future comparison and study.
each weekend and conduct flights under ‘barnstorming’ as we know it. In the Alaska Seaplanes suggested that part
the 25-mile exception at that new process tens of thousands of people will 91 operators be registered with their
airport. These operators have been be deprived each year of the local FSDO, which would help the FAA
conducting flights with little oversight opportunity to experience golden age, develop statistics and enforce the
by the FAA since they have no fixed classic and vintage military aircraft by current rules. Alaska Seaplanes also
base of operation and no assigned Flight riding in such aircraft at air shows, suggested leaving part 91 as it is but
Standards District Office (FSDO). This county fairs or just for the fun of going with the addition of §§ 135.117
rule captures these part 91 operations by to a local airport where such rides are (briefing), 135.183 (over water), and
requiring the operators to report to the offered.’’ GAMA did not believe that the §§ 135.203 and 135.205 (altitude and
local FSDO or through an LOA stored in air tour rules should address visibility) for these compensation and
an FAA database. ‘‘barnstorming,’’ stating, ‘‘there is no hire flights.
One purpose of this rule is to raise the accident record indicating that this type Various commenters suggested ways
existing level of safety specifically for of operation is at risk. These airplanes to limit the applicability of the proposed
current part 91 air tour operators. In are maintained by enthusiasts who are rule. Waldo Wright’s Flying Service
view of several comments, we believe highly safety conscious and well suggested the FAA impose the floats
that if we eliminated the 25-mile equipped at properly managing the risk requirement or restrict overwater flights
exception, many operators who now of that type of flight operation.’’ in helicopters, but leave other operators
operate under that exception would go AFA also commented that virtually no alone. Sopwith Ltd. suggested adding
out of business. The FAA believes there historic or vintage aircraft can meet part barnstorming flights and introductory
are other alternatives to achieve 135 regulations, and the burden on the rides to the list of excluded operations
satisfactory safety goals, minimize owner/operator of such aircraft to write in proposed § 119.1. Similarly, Belle Air
impact on the industry, and still manuals, become certified, keep Tours suggested that vintage aircraft be
increase the level of safety, rather than records, and operate under part 135 added to the list of aircraft excluded
eliminating the 25-mile exception. We rules would impose a severe economic from these rules, such as balloons,
are imposing the safety requirements burden that few would chose to meet gliders, warbirds, and aerobatic and air
found in part 136 subpart A on all even if the aircraft qualified under part combat simulation flights. The Collings
commercial air tour operators, including 135. NATA commented that many Foundation suggested excluding non-
those operating under the 25-mile businesses are built around the concept profit organizations, currently operating
exception. We set forth our justification of ‘‘seeing the sights’’ in an antique or safely under exemption letters, from this
for the part 136 subpart A safety vintage aircraft. NATA conducted a rule. EB Air commented that this
segment of aviation is most often • ‘‘Barnstorming’’ operators using allow that party to operate outside the
operated by small one or two plane aircraft with standard airworthiness regulations. The party requesting the
operations constrained by the high cost certificates may continue to operate exemption must show unique
of aircraft ownership, maintenance, under part 91, but if they desire to circumstances why a particular
rising fuel costs, and seasonal weather. continue to use the 25-mile exception, regulation, or portions of that
PartAir, Inc., stated that the NPRM is they must comply with the process regulation, should not apply to it. The
‘‘an ill-considered and misplaced effort provided by FAA in this final rule to party must also demonstrate that
at improving ‘safety’ through allow an operator to apply for and granting an exemption will not
elimination-by-regulation of a receive an LOA. The LOA, obtained adversely impact safety. Grants of
significant area of aviation.’’ through the operator’s FSDO, will exemption generally have conditions
Barnstorming Adventures, Ltd., include information such as the and limitations specific to the request
commented that sightseeing and air tour operator’s name, address, management, made by the petitioner. The exemption
operations could be made safer; maintenance responsibility, aircraft applies only to the person(s) or
however it strongly recommended to the information, and the operator’s drug and company it is issued to, and has a
FAA that a layer of regulation is not the alcohol prevention program. Sufficient specific exemption number assigned to
answer. This commenter provided an time is provided in the rule for it. Exemptions are designed to address
extensive summary of its sightseeing operators to apply for and receive the unique circumstances not contemplated
operations and the economics of the approved LOA from the FAA. Once by existing regulations and are not
industry. Barnstorming Adventures, Ltd. received, operators must comply with applicable to a significant portion of the
suggested that some oversight of the the provisions of the LOA when regulated entities. A familiar type of
industry would be acceptable compared operating under new § 91.147. The exemption granted by the FAA are those
to the proposed certification as a part operator must keep the information in to sponsors and pilots conducting
135 air carrier. The commenter the LOA current. This will develop a certain flights for charitable
suggested that certification, as proposed database as NTSB and Alaska Seaplanes organizations that allow them to operate
in the NPRM, would be costly and recommended. without drug and alcohol testing.
unjustified. • ‘‘Barnstorming’’ operators should An exception is written into the
realize that the new § 91.147, which regulation with the word ‘‘except’’ and
There are many terms for the types of
allows them to operate under part 91 is available to everyone. An operator
aircraft considered in these comments.
rather than part 135, continues to does not have to apply for an exception.
The terms include: barnstorming,
require each aircraft have a standard If an operator meets the conditions for
vintage, military, warbirds, antique, and
airworthiness certificate (not Limited, the exception, the general rule no longer
classic. The FAA recognizes that this
Restricted, or Experimental Categories). applies for the operator. For example, a
type of operation is often a ‘‘business’’
We know that many of the aircraft used rule might read: ‘‘Except in the cases
traveling from airport to airport offering
in these types of experience flights can described in paragraphs (d) through (g)
rides for a fee, much like those aircraft
never have standard airworthiness of this section, all aircraft must be
operators traveling from farm to farm painted red before takeoff.’’ The
offering airplane rides in the early part certificates and operate under an
exemption today.7 These operators will exceptions to red paint would be found
of the 20th century. Today, in paragraphs (d), (e), (f), and (g).
‘‘barnstormers’’ travel from airport to continue to need an exemption from the
standard airworthiness requirement for A deviation is provided in regulatory
airport and offer rides in antique and language when the FAA foresees
vintage airplanes, thus recreating the all compensation or hire aircraft
circumstances under which the general
experience of the past by using the same operations.
rule language shall not apply. A
airplanes used during that era. There is VI. Comments on Part 91 Operations deviation is different from an exception
no way to know which flights are only in that a deviation requires specific
‘‘introductory’’ flights. The FAA also A. Charity, Nonprofit, and Community
approval from the Administrator.
recognizes that in order for these Events
However, unlike an exemption (which
businesses to exist and collect money, a Before discussing the specific also requires Administrator approval),
means to allow compensation or hire comments about part 91 operations, we deviations can be approved at the local
flights must be provided in the believe it is beneficial to the reader and level whenever good cause is shown. It
regulations. those affected by this rule to explain is not necessary to demonstrate unique
Prior to the FAA proposal, the only some of our terms up front. It became circumstances. For example, proposed
exception provided from certification apparent, especially during the Internet § 136.7, Visibility, had a two statute
under part 119 that effectively fit these meeting, that many affected by this final mile visibility requirement during the
flights was the 25-mile sightseeing rule were confused about certain terms day in paragraph (a), but paragraph (b)
exception in aircraft with standard we use. allowed for authorization by the
airworthiness certificates. Although Administrator to operate a helicopter
1. What is the difference between an
commenters have stated that sightseeing during the day in visibility of at least
exception, an exemption, and a
is not always a purpose of the flight, the one statute mile in accordance with the
deviation?
FAA considers the overall character of deviation procedures of § 136.21. The
the flight to be sightseeing, even if a Many comments indicated confusion proposed Visibility and Deviation
primary purpose may be the experience with the terms ‘‘exception’’ and authority have been deleted in this final
of flight in an historic aircraft. There are ‘‘exemption.’’ An exemption is rule in response to public comments.
hundreds of part 135 small one or two- permission the FAA grants pursuant to By reading the thousands of
plane operations that are also 14 CFR part 11 to a specific party to comments, the FAA found that many
constrained by high cost, aircraft different types of operators use the ‘‘25-
7 Today, the FAA issues exemptions for World
ownership, maintenance, rising fuel cost mile exception.’’ This exception relieves
War II era airplanes with Experimental and
and seasonal weather. In response, we Restricted Category airworthiness certificates that
the operator from holding a part 119 air
have decided to retain this 25-mile include extensive maintenance and operational carrier certificate and permits it to
exception with some minor revisions. requirements. operate under part 91. Some operators
don’t know they use the 25-mile operating under any exemption. These designation (charitable, nonprofit,
exception, but they would need to hold operations are for compensation or hire community event) and describe who is
a part 119 air carrier certificate for their and are subject to the drug and alcohol eligible to conduct such events. Part 91
operations without it. Many of these testing requirements. operators who want to continue in part
commenters said they are not offering In this final rule, the FAA gives relief 91 and operate charity flights may do so
‘‘sightseeing’’ flights, and that they just for drug and alcohol testing for the under § 91.146. Part 91 operators who
let the passengers ‘‘experience’’ limited operations in § 91.146 in the are uncomfortable with the limitations
something—e.g., aviation history, interest of charity. Section 91.147 may in § 91.146 and wish to continue flights
military history, or freedom. What some be used by those not willing to be benefiting charities, nonprofit
commenters misunderstood is that the limited to a certain number of events in organizations, and individuals or
general rule requires that someone a calendar year. Section 91.147 requires organizations supporting a community
carrying people or property for drug and alcohol testing compliance. event may use § 91.147. Charities or
compensation or hire must comply with 2. What are charitable, nonprofit, and nonprofits also have the option of
air carrier rules. While there are community events? becoming a part 135 operator.
exceptions to this general rule (such as While the FAA has clarified the
those found in 119.1(e)), there is no For the purposes of our rule, we have regulatory language in the final rule, the
exception for ‘‘experience’’ flights. We categorized organizations and comments to the NPRM disclosed
believe many of these operators not only operations that operate for ‘‘free’’ or several misconceptions about the
give the passengers an ‘‘experience,’’ but solely for the benefit of others in three differences between charitable,
also do some form of sightseeing and different ways. These events are either nonprofit, and community events.
thus fall within the 25-mile exception. sponsored by a ‘‘charitable’’ or One major misconception relates to
The same set of safety standards will ‘‘nonprofit’’ organization, or qualify as a the difference between a flight that is
apply to these flights regardless of how ‘‘community event.’’ ‘‘free’’ and one flown for compensation
the operator chooses to describe them. A charitable event is an event that or hire. Several charities receive
In § 136.1, we define a commercial air raises funds for a charitable organization compensation through ‘‘donations.’’
tour and list what we will consider in recognized as such by the U.S. Some passengers donate money to a
determining what kind of operation is Department of the Treasury under 26 charity and expect a flight in return for
considered a commercial air tour. U.S.C. section 170 (Internal Revenue donating money. Another popular
Sightseeing is described in the Code). Sponsoring pilots and donors ‘‘free’’ flight is one given at an event that
definition. Therefore, if you are offering may deduct contributions that raise charges a fee for attendance and each
sightseeing as part of one of these funds for the benefit of a charitable person paying the fee receives a ‘‘free’’
‘‘experience’’ flights, you might fall organization. An example of a charitable aircraft ride during the event. The FAA
within the 25-mile exception, but you organization event is a pancake considers these flights to be operated for
breakfast at which passengers make a compensation or hire.
would be subject to the safety
contribution to an organization, such as It is often hard to determine whether
provisions of part 136 subpart A.
In addition, many pilots appear not to the American Cancer Society, in a pilot is working for ‘‘free,’’ or is being
know the conditions and limitations of exchange for breakfast and a flight over compensated in some manner. In the
the exemption they operate under. their town. A nonprofit event is an interest of charity, the FAA has allowed
During the FAA’s Internet meeting, one event that raises funds for a nonprofit certain forms of compensation or hire,
private pilot said that he had already entity organized under State or Federal such as the ability to log pilot time and
conducted certain flights for a couple of law, with one of the entity’s purposes the ability to accept payment for aircraft
being the promotion of aviation safety. fuel and oil. Some pilots own or borrow
years and didn’t have 200 hours yet.
The sponsor or the pilot(s) of nonprofit the aircraft used and aren’t paid for their
The sponsor for whom this pilot flew
event flights would not deduct pilot time. Some pilots rent an aircraft
clearly requires 200 hours of total time
contributions under section 170 of the and are reimbursed by the sponsor.
for private pilots.8 Either the sponsor
Internal Revenue Code. For example, Some pilots are reimbursed for aircraft
holding the exemption did not brief that
aviation museums conduct flights to rental but provide their time for free.
particular pilot, or the pilot did not
raise funds to keep the museum in Some pilots who own the aircraft they
know he was operating under an
operation and preserve the aircraft in fly are able to ‘‘write-off’’ some
exemption at all. The conditions and
their possession. A community event is ownership expenses. Some pilots are
limitations of an exemption are specific
a flight flown for a good or worthy cause paid to fly.
and require the sponsor (to whom the
and occurs only once in a calendar year, A pilot who flies his or her own
exemption was issued) to brief the pilots
January 1–December 31. The sponsor or aircraft every weekend of the year and
about the exemption prior to each event.
pilot of community event flights would receives compensation each weekend is
This discussion continues under the
not deduct contributions under section not working for ‘‘charity’’ when a
private pilot hour requirement heading
170 of the Internal Revenue Code. An portion of the proceeds is given to the
below.
Also during the FAA’s Internet example of a community event is flights airport manager the last day of the
meeting, it became clear some pilots to raise money to assist a family whose event. At best, that is a gift to the airport
don’t know the FAA’s drug and alcohol home was destroyed by fire. Another manager and is often given to guarantee
testing requirements apply to them. example is a raffle for a free flight; the an invitation to the next event. Other
Some commenters openly admit they money raised from the raffle goes to pilots and mechanics are retired or
advertise for customers, charge for purchase new computers at the youth wealthy and really do work for free, a
flights, pay their workers, and otherwise center. true gift to charity.
The operating limitations and Some charities have full-time pilots
operate as a business. They are clearly
regulations for charitable, nonprofit, and and mechanics on their payroll and
not flying for charity, and are not
community events are found in this rule maintain expensive aircraft and
8 The operation was subject to EAA’s Exemption under §§ 91.146 and 91.147. Those facilities. These organizations need
No. 7830 for ‘‘Young Eagles’’ and is discussed in sections provide the total duration money for employees of the
more detail later in this preamble. (three days) allowed under each organization and for maintaining their
facilities, but that does not exclude aircraft demonstration flights all over considered separately for this rule, with
them from the list of charity, nonprofit, North America, giving the public an each chapter entitled to four events per
or community event operators. The unmatched opportunity to experience year. The AFA comment with regard to
aircraft used for charity, nonprofit, and firsthand the history of aviation in such the four-event limitation has merit, but
community event flights must be aircraft as the Ford Tri-Motor, a Boeing suggests the commenter does not
maintained and that money must come B–17 bomber, and a replica of the understand why this limit should be
from somewhere. All of the flights by famous Spirit of St. Louis. EAA opposed imposed. As stated above, charitable,
these museums and charities involve inclusion of additional requirements on nonprofit, and community event flights
‘‘compensation,’’ but in the interest of these operations in the strongest terms. are events for compensation or hire.
public good and charity, the FAA has The Owls Head Transportation However, we recognize these events are
allowed them to operate outside of part Museum commented that the proposed a tremendous benefit to the public and
135 requirements. In this final rule, rules would affect not only the Museum, deserve some exceptions from the
operators of these kinds of flights will but also many other nonprofit normal regulations necessary for part 91
continue to be allowed to operate organizations in the mid-coast Maine compensation or hire flights. Therefore,
outside of part 135 requirements, even area. The museum stated that it has high we created a rule (§ 91.146) that allows
though the FAA considers the standards placed on its aircraft, sponsors of charitable, nonprofit, and
operations to be for compensation or maintenance, and pilots. The museum community event flights to employ
hire. However, there are certain new also boasted that, although it has given pilots, often as volunteers, to give rides
requirements they must abide by, and more than 3,000 rides, it has maintained to the public without meeting drug and
those are found in §§ 91.146 and 91.147. a perfect safety record, incurring neither alcohol requirements normally imposed
accident nor incident. The Museum also
3. The Four-Event Limit for Charitable on a part 91 compensation or hire flight,
donates a number of rides to other
and Non-Profit Organizations and the and without having a certificate under
nonprofit organizations so that they may
One-Event Limit for Community Events part 119.
raffle the rides to raise funds. The Owls
AFA and Sopwith Ltd. objected to the Head Transportation Museum stated The four-event limit is the current
proposed condition in § 119.1(e)(11) that these are the groups that will suffer limit imposed through exemptions.9
limiting charitable rides conducted the most in mid-coast Maine if the 25- This limit is not new; nor is it based on
under part 91 to four events per mile exception is eliminated in the final safety concerns. Rather, the concern is
organization per year with each event rule. with the nature of these flights. To
lasting no longer than 3 days. The AFA objected to the proposal that maintain the charitable nature of these
commenters thought the proposed restricts charitable flights to only four flights, it is necessary to place some
restriction is not justified and is events per calendar year, per restrictions on them. If the interest of
unnecessary. organization, lasting no longer than 3 charity were taken out of the equation
The Collings Foundation went further days each. AFA suggests that this and all else were equal, operations of
by commenting that many of the restriction is nonsensical and that by this kind would be required to be part
proposed restrictions, including the adopting this limit, the FAA is 135, and thus be subject to more
requirements for a standard convinced that these flights are too stringent regulation and oversight. The
airworthiness certificate and a limit of dangerous to be flown often. AFA regulatory standards applied to part 135
four or fewer events per calendar year commented that by the FAA’s logic, flights would likely turn charitable
per organization or pilot without a these flights should be completely organizations away from their practice,
clearly defined exemption, would eliminated. AFA asks if it is safe to which is not the FAA’s intent with this
totally eliminate the capability of operate charitable flights in four events rulemaking. The FAA has historically
nonprofit organizations to fly historic per year, why is it not safe to operate chosen four events per year as a
aircraft. Organizations such as the EAA, them 365 days each year? reasonable balance that separates a
Commemorative Air Force, Collings In summary, commenters believed charitable event from an event run by an
Foundation, National Warplane that the rule, if adopted as it was air carrier. The one event per year
Museum, and Yankee Air Force, fly proposed, would result in an end to limitation on community events
historic aircraft at many locations charity and community event flights for recognizes that the primary interest of
around the country. Collings argued that various foundations. They also believed the operator is more likely to be
these organizations would no longer be the rule is not justified based on safety, business-oriented than a charitable or
able to function. Also, many nonprofit nor is needed to improve safety. Some non-profit organization. If an operator is
aviation organizations could not survive commenters stated they are against any unhappy with the limit, it may fly more
without donations associated with a limitations on charity and community than four events per calendar year, but
flight experience or special donations to events while others are against the it must comply with the requirements in
keep certain aircraft flying. The Collings elimination of the 25-mile exception. § 91.147. Those requirements include
Foundation cited estimates that more Determining that certain comments
implementing a drug and alcohol testing
than one-half of all B–17s and all of the have merit, we made some revisions to
program in accordance with 14 CFR part
B–24s and B–29s flying today would be the final rule. The intent of the proposal
121, appendices I and J. An operator
grounded by the proposed rule. is maintained in this final rule. All
complying with § 91.147 would also not
EAA stated that its organization and flights on behalf of charitable or non-
be able to use private pilots. The
its network of nearly 1,000 chapters is profit organizations, as defined in the
operator has a choice of which
one of the largest sponsors of charitable rule, may continue in part 91, and a
regulation to follow, and operators
and community flight operations in the limited number are allowed without
currently conducting flights under an
world. EAA stated that its success rate meeting the drug and alcohol rules that
exemption should not find the four-
and safety record are unparalleled and would otherwise apply. Flights
are supported by strenuous training and sponsored by charitable and non-profit 9 Exemption No. 7112, held by AOPA, contains
oversight programs sponsored by the organizations are limited to four events this event limitation. That exemption, along with
association. EAA stated that it and per year. Local chapters of national others, is the basis for the event limitation in this
several other organizations also conduct charities or non-profit organizations are final rule.
event limitation to be new or participated in more than four similar events or statistics to support this change. EAA
unexpected. in a calendar year. believed it is irresponsible for the FAA
Many of the commenters who operate The event limitations were also to create additional regulatory burdens
antique aircraft seem to believe that if explained in the NPRM. on the general public when no
they operate in accordance with an For operators choosing to exceed the information has been presented to
exemption, the FAA will cancel the four-event minimum, we have indicate that there is currently a safety
exemption once this final rule is incorporated a new § 91.147 in this final concern, or that any significant increase
published. Because the rule rule to provide relief from the need to in safety would result from the change.
encapsulates current exemptions to certify as an air carrier. It does not AFA stated that the proposal would
charitable or non-profit organizations provide exclusion from the existing shrink the pool of pilots able to help
from drug and alcohol testing, as long as ‘‘drug and alcohol’’ testing local charities and will drive hundreds
participation is limited to four events requirements. The new § 91.147 does of small sightseeing operations out of
per year, charitable or non-profit not place any limitation on the number business. AFA also asked what the logic
organizations will no longer need these of events as long as the operator was behind the 500-hour limit. AFA
exemptions. Any exemptions issued registers with the FAA as required in also suggested there should be a cutoff
because a commercial air tour operator the rule. For example, Owls Head date for when the 500 hours was
does not have a standard airworthiness Transportation Museum may continue accumulated so that most of it was not
certificate for its airplane will need to its operations in accordance with done too far in the past, such as 50
continue. When the expiration date on § 91.146, if its raffle flights are grouped years. AOPA cited its own study, which
the exemption arrives, the petitioner to fit into the requirement of no more found that 22 percent of pilots surveyed
may re-apply for renewal. At that point, than four events per year. If that doesn’t provide charity sightseeing flights and
the FAA may grant, deny, or change the work, they may operate in accordance would no longer be eligible if the higher
exemptions. This rule does not change with § 91.147. If their aircraft do not hour requirement were implemented.
that policy. have standard airworthiness certificates, AOPA also stated that charities predict
the museum will continue to need an annual losses of nearly $200,000 if the
The FAA has determined that the
exemption. 500-hour requirement is imposed.
conditions and limitations included in There may be cases where a sponsor
the exemptions should also be included AOPA stated that organizations
could qualify for all three categories. A benefiting from these flights include
in this final rule. Since commenters sponsor with separate chapters is
failed to provide any rational basis to Vietnam Veterans of America, Visiting
allowed four events for each chapter. Nurses Association, Wings of Mercy
not include certain proposed limitations So, the 1,000 chapters of EAA may each
for ‘‘charitable, nonprofit, or community (medical flights), Volunteer Fire
sponsor four, three-day events each Departments, and local technical
events,’’ the FAA has incorporated those year. Each pilot is limited to a
limits in new § 91.146. In creating the schools.
maximum of 12 calendar days of flying We discussed the 500-hour
new § 91.146 for charitable, nonprofit, per year (four events, three days per
and community events, we have requirement for private pilots flying
event). Each event (charitable, charitable, nonprofit, and community
attempted to strike a careful balance nonprofit, or community) may be up to
between the recognition of the public events at length during the public
three days in duration. Each situation meetings (including the Internet
benefits of such fundraising activities counts as one event for that pilot. In this
and the need to set aviation safety meeting). Over the years, we have
final rule we do not limit the number of issued exemptions with the 500-hour
standards. Community events are flights conducted during each event,
limited to only one per sponsor in a private pilot requirement with
although a normally prudent pilot and breakdowns of what the 500 hours must
calendar year, as proposed in the event sponsor would consider pilot
NPRM. This limit is not specifically include. The hourly breakdown
fatigue. required for Exemption No. 7830, issued
derived from community event In the NPRM, we proposed limiting
exemptions, but was proposed so that a to EAA, is found below. Although it is
both the sponsor and the pilot to four
community event sponsor would not required in the exemption, we did not
events per calendar year. We have kept
have to go through the extra effort of that limitation in the final rule. propose, nor do we adopt, a specific
applying for and receiving an IRS Commenters questioned the source and breakdown of the required hours
classification. reasoning for the limit. The source is necessary to conduct a flight described
existing exemptions, and its reasons are in § 91.146. The 500-hour requirement
This final rule will continue current
the public policy considerations for private pilots who wish to fly in a
FAA policy. Current exemptions allow
separating charitable, nonprofit, and charitable, nonprofit, or community
for a pilot to fly only four events per
community events from events run event is not a new requirement for
year for a charity, nonprofit, or
solely for profit or business. Operators many; it has simply never been written
community event. As stated above, this
who do not wish to comply with the into regulation.
limit is not new, and has been included
limitations of § 91.146 may operate in Commenters stated that many flights
in exemptions issued for years. For
accordance with § 91.147. Operators of would be grounded by the 500-hour
example, Exemption 7112C,10 issued to
either part may also become air carriers flight time requirement proposed for
AOPA on May 20, 2004 states in
in accordance with parts 119 and 135. private pilots. It is likely some of these
condition and limitation #11:
commenters were operating under a
The event sponsor may conduct no more 4. Private Pilots and the 500-Flight Hour 500-hour condition and limitation for
than four events in a calendar year. Each Requirement private pilots in an exemption today.
person operating under this exemption must For example, Exemption No. 7830 was
provide AOPA with a statement on behalf of Most of the commenters on the issue
issued to EAA for ‘‘Young Eagles’’
the event sponsor, indicating that neither the of private pilots objected to the
event sponsor nor any participating pilot has proposed increase in pilot flight time flights. In that exemption, we stated
from 200 to 500 hours. AOPA, NATA, that:
10 Exemption No. 7112 was originally issued to AFA, PASS, and EAA commented that ‘‘A higher safety standard of 500 hours of
AOPA on February 3, 2000. the FAA did not provide any safety data flight time for private pilots is proposed for
charitable and community events because forth in Exemption No. 7830, which pilots than of commercial pilots.
these events typically involve a larger requires 500 hours. We are not However, the FAA has substantially
number of passengers, are held over a period amending exemptions with this final more oversight over the quality and type
of one to three days, and are generally a rule, but we are amending § 61.113(d). of hours required for a commercial
pleasure activity for the passenger.’’
While AOPA commented in certificate. In order to advance to the
The conditions and limitations in opposition to the 500-hour private pilot commercial certificate, a pilot’s training
Exemption No. 7830 are more restrictive requirement, its own findings indicate demands 100 hours in powered aircraft,
than the proposal or this final rule. that pilots with 500 hours of total time 100 hours as pilot-in-command, and at
Below is condition and limitation #2 are involved in fewer accidents than least 50 hours in cross-country flight,
from Exemption No. 7830: those with fewer hours. Safety support among other more detailed
2. Each pilot who conducts flights for setting 500 hours as a minimum requirements. A private pilot can have
under this exemption must— requirement is found in the 2005 AOPA 200 hours of flight time that includes
a. Hold at least a private pilot Air Safety Foundation’s Nall Report none of this experience. In other words,
certificate with the appropriate category, (page 9 of 19). The report shows that because of approved curriculum, we
class, and type rating, if necessary, for pilots with fewer than 500 hours of total know a commercial pilot with 200 hours
the aircraft to be used under this time accounted for 34% of all accidents will have the experience we demand to
exemption in accordance with (28% of all fatal). The report states conduct an air tour flight. We have no
§ 61.31(a), (d), (e), (f), (h), (i), and part specifically that ‘‘The first 500 hours of such assurances for a private pilot, but
61, subpart E. a pilot’s flying career are the most have determined that the additional
b. Have a minimum of 500 hours total critical, with 34.4 percent of the total hours should be sufficient to adequately
flight time. and 28.7 percent of fatal accidents protect the flying public.
c. Have a minimum of 200 hours in occurring then.’’
the category of aircraft to be flown. 5. Reporting Requirements
The 500-hour requirement is also
d. Have a minimum of 50 hours in the EAA strongly opposed the proposed
consistent with the part 135 rules
class of aircraft to be flown. § 91.147(a)(2), which requires that event
e. Meet the currency requirements in regarding single pilot-in-command
flying visual flight rules. We believe 500 sponsors track and document the
§ 61.56 for a flight review and § 61.57 participation of pilots and operators in
for takeoffs and landings. hours is a more appropriate limit,
because each event that can last up to all prior events, including those not
f. Hold a current third-class medical under the purview of the current event
certificate in accordance with three days and can carry numerous
passengers on what is essentially a sponsor. According to EAA, it is
§ 61.23(a)(3). unreasonable for it to track and
g. Meet the requirements of pleasure ride for hire. The existing
§ 135.243, Pilot in Command document pilots flying charitable flights
§ 61.113(d). for other sponsors throughout the year.
h. Have a logbook entry for each event Qualifications, requires a minimum
If anything, it should only be required
in which he or she participates. pilot qualification to conduct part 135
to track and document flights that it
Exemption No. 7830 was extended in operations. It involves the most non-
sponsors. EAA stated that this provision
2004 and applies to all private pilots complex part 135 flight: single engine,
creates a significant increase in time
flying ‘‘Young Eagles’’ flights. Therefore, day, VFR, single pilot. § 135.243
spent on needless paperwork and
we are surprised to receive comments includes the requirements that a pilot:
unnecessarily burdens the FAA’s field
from EAA regarding the 500-hour —Hold at least a commercial pilot inspector workforce. EAA’s exemption
minimum for private pilots conducting certificate with appropriate (Exemption No. 7111 as amended)
charitable flights. EAA is the holder of category, class, and type ratings currently requires the sponsor to
Exemption No. 7830, which clearly —Have at least 500 hours time as a provide the FAA with an annual report
states a 500-hour minimum for private pilot, including: of all persons who have conducted
pilots as discussed above. We received —At least 100 hours cross-country; operations under the exemption. The
some comments from pilots conducting —At least 25 hours at night; and report must include the date of the
operations under this exemption who —An instrument rating. event, the event sponsor, the pilot’s
are completely unaware of the —At least a 2nd class pilot medical name and certificate number, and the
limitation. During the Internet public certificate charitable or community event for
meeting in 2004, we received one —Pass oral and practical examinations which funds are being raised. That
comment from a private pilot who at least once a year. exemption is the origin for the
stated: Lastly, the Antique Airplane requirement we proposed; however, we
‘‘I’ve flown a dozen or so Cub Scouts and Association commented that § 61.129 inadvertently exceeded the exemption’s
Boy Scouts, and have flown 4 ‘Young Eagles’ requires only 250 hours flying reporting requirement.
since earning my Private Pilot’s license in experience to hold a commercial pilot’s The proposal (§ 91.147(a)(2))
2000. Why does the FAA suddenly feel I am certificate, yet the proposed rule would mandated documentation of ‘‘all prior
unqualified simply because I only have 150 not allow commercial pilots to conduct events participated in by the sponsor(s),
hours in my logbook? I’m either qualified to flights for charity until they meet the pilot(s) or operator(s).’’ We agree with
fly or I am not.’’ 500 hour requirement. The 500-hour EAA that it is unnecessarily
The commenter was obviously requirement is only for private pilots. A burdensome to require documentation
unaware of the 500-hour requirement in Commercial or Airline Transport Pilot is beyond the current calendar year. We
the exemption under which he was not limited to any number of flight never intended to have a sponsor report
operating, as well as the 200-hour hours and is eligible to fly in a all previous activity. We have revised
requirement in § 61.113. Some charitable, nonprofit, or community the final rule language (§ 91.146(e) (1)
exemptions issued in the past have event by virtue of holding the and (3)) so that the sponsor reports prior
required private pilots to have only 200 certificate. Some might wonder why this events in which the sponsor
hours to fly these charitable, nonprofit, is the case. participated for only the current
or community events. We have decided It may seem incongruous that the calendar year. Additionally, the pilot
to adopt the more stringent criteria set FAA would require more of private must certify his or her own statement of
prior events in which he or she people, or their families, the FAA has doing so against FAA policy. They will
participated for the current calendar required that operation to be done by a need to comply with this final rule, or
year. EAA is not responsible for keeping certificated air carrier. The FAA apply for and receive a grant of
track of the flying their pilots do for believes, in general, that the operations exemption to conduct any future flights
other sponsors. Rather, their pilots are should be conducted by certificated on- of this kind. Section 61.113 now refers
responsible for giving EAA a signed demand air carriers, including air private pilots to § 91.146 and clearly
statement of prior events participated in ambulances. In the past, some charitable states that all operations must be
during the current calendar year organizations have tried to persuade the nonstop, takeoff and land from the same
regardless of which sponsor they flew FAA that when a third-party pays the airport, and be flown within a 25-mile
for. EAA must include that statement organization to transport a sick or radius of that airport.
when reporting to the FSDO in injured person (or family member) in
B. Other Flights for Compensation or
accordance with § 91.146(e). The 1,000 point-to-point service, that
Hire
chapters of EAA may each qualify as a transportation should not be recognized
sponsor.11 as compensation or hire. The FAA has During the Internet meeting, we
consistently rejected those arguments. If explored the possibility of part 91
6. Life Flights, Angel Flights, and commercial air tour operators remaining
an aircraft operator is paid by a
‘‘Emergency or Medical Service’’ in part 91 and not requiring them to
passenger or a third party to transport
We proposed amending § 61.113(d)(1) the sick or injured person, or family comply with air carrier rules (part 121
through (d)(7) in the NPRM to create member, from point A to B, the operator or 135). Air carrier certificate holders
two new sections numbered must be certificated. operating under parts 121 or 135
§ 61.113(d)(1) and § 61.113(d)(2). These It is worthwhile to give some automatically need Operations
sections were specific in that paragraph examples of what has been permitted Specifications. In this final rule, the
(d)(1) referred to emergency or medical under the rules and what will continue FAA does not require certain part 91
services and did not refer to nonstop to be permitted under the regulations, as commercial air tour operators to become
flights being conducted from the same amended in this final rule. Some air carriers, but we will create an FAA
airport (the 25-mile exception). organizations such as Angel Flights database with information similar to
Paragraph (d)(2) was developed for the make arrangements with corporate Operations Specifications. We adopted
25-mile exception. The purpose of the aircraft operators to take sick or injured § 91.147 to require such part 91
amended language was to eliminate people, or family members, from point- operators to send us the appropriate
confusion with the term ‘‘passenger- to-point without the corporate aircraft information in an LOA.
carrying airlift’’ in § 61.113(d) that operator being compensated by the 1. What’s the difference between an
applied only to private pilots. The passenger or by Angel Flights. Such Operations Specification and a Letter of
unintended result was confusion of a flights are permitted. Additionally, Authorization?
different kind. As discussed above, this nothing in the old rules and nothing in
final rule has been rewritten to continue this new rule prohibits a private pilot Operations Specifications (OpSpecs)
private pilot flights for charitable from taking a sick or injured person are a set of documents required by
activities and to define the three kinds from point to point as long as it is not regulations that, among other things, set
of charities (§ 61.113 and § 91.146). for compensation or hire. By forth how a certificated operator will
In addition, the FAA erred when longstanding enforcement policy, the conduct all its operations. An OpSpec
writing the NPRM. In the NPRM, we FAA has allowed aircraft operators who specific to air tour operations is
presented § 61.113 and proposed take a charitable tax deduction to appropriate for those operators
allowing private pilots to fly point-to- transport a sick or injured person conducting operations in accordance
point and beyond 25 miles from the without that operator having an air with part 121 or 135. If all commercial
departure airport (in proposed carrier certificate. No other form of air tour operators had been moved into
§ 61.113(d)(1)), carrying passengers for compensation may be received. part 135 (or 121), all air tour operators
compensation or hire. If an organization has used § 61.113 to would have been required to have an
Flights previously conducted under operate flights from point-to-point with OpSpec specific to air tour operations
the provisions of § 61.113(d) always private pilots, that organization is put included in its set of OpSpecs.
were restricted to nonstop flights on notice that operations like that are A Letter of Authorization (LOA) is an
originating and landing at the same not covered by § 61.113. We have authorizing document required by
airport, never going beyond 25 miles dropped the term ‘‘airlift’’ to reduce any regulation for a specific kind of
from that airport. The use of the term further confusion. Additionally, the operation conducted under part 91. One
‘‘airlift’’ in the current regulation is term ‘‘emergency or medical service’’ intended outcome of this rulemaking is
unfortunate because it is misleading. has not been adopted because it was to be able to identify all air tour
The purpose for the ‘‘airlift’’ exception confusing. We are adopting the operations in a national database. The
in § 61.113, as interpreted, has always requirement for 500 hours, as proposed seven items listed in section 91.147(c)
been to raise money for an IRS- in the NPRM and discussed earlier in are considered to be the minimum
recognized charity. The ‘‘airlift’’ this document. amount of information needed in the
exception was never intended to It is unlikely that the ‘‘transportation national database for the issuance of the
authorize point-to-point transportation needs of persons with medical and air tour LOA to the part 91 operator to
for compensation or hire of sick or financial need’’ would have ever conduct air tour operations.
injured people, or their families. complied with the 25-mile exception. All standard OpSpec and LOA
Moreover, even if such transportation Returning such passengers to the templates are developed at FAA
was done under the auspices of a departure airport would serve no Headquarters and are maintained in the
charitable organization, if any purpose. If organizations have used same document management system.
compensation was given to that § 61.113 for ‘‘life flights’’ or ‘‘angel FAA Headquarters, FAA FSDOs, and
organization to transport sick or injured flights,’’ (carrying sick or injured the operators may have electronic access
passengers, or a family member) for to the OpSpec and the LOA templates.
11 It is possible for a pilot to be a sponsor. compensation or hire, they have been Part 91 operators may have LOAs
issued, including but not limited to, an type of operator. The result of this final concern before drafting regulations that
LOA authorizing special airspace rule deletion is that the operators will would impose additional restrictions on
operations. continue to use the standards they used an activity that has been safely
prior to this rule. For example, a part 91 conducted for at least 50 years under the
2. Where are the FAA’s drug and
operator who used § 91.119 for existing regulations.’’ EAA asserted that
alcohol testing requirements and who
minimum altitudes and standoff a ‘‘charity or community event is not an
has to comply with them?
distances will continue to do so. A part ‘air tour.’ ’’
The FAA’s drug and alcohol testing 135 operator who used § 135.203 or Section 91.146 in this final rule
requirements are set forth in 14 CFR Operation Specifications for minimum addresses passenger carrying flights for
part 121, appendices I and J. The drug altitudes and standoff distances will charitable, nonprofit, and community
and alcohol testing regulations provide continue to do so. We needed to retain events. The section does not indicate
a comprehensive listing of specific drug the minimums for Hawaii listed in that such flights are air tours. It does,
and alcohol testing provisions contained SFAR 71, but move those Hawaii air however, require such flights be
in 14 CFR parts 61, 63, 65, 67, 91, 121, tour rules into part 136. SFAR 71, conducted in accordance with the safety
and 135. Section 6 entitled, Minimum Flight provisions of part 136, subpart A.
Commercial air tour operators under Altitudes, is accordingly incorporated Section 91.205(b)(12) requires, for
part 121 or 135 must comply with drug into the final rule as § 136.5, aircraft operated for hire over water and
and alcohol testing requirements. ‘‘Additional Requirements for Hawaii.’’ beyond power-off gliding distance from
Flights conducted in accordance with We have removed the separate section shore, approved floatation gear readily
§ 91.147 (Passenger carrying flights for for Helicopter operating limits available to each occupant and, unless
compensation or hire (Not otherwise (proposed § 136.19). We maintain the the aircraft is operating under part 121,
covered by § 91.146)) formerly referred intent of the section by including the at least one pyrotechnic signaling
to as 135.1(c) operations, will continue language, ‘‘Except for the approach to device. In general, part 91 doesn’t
to be required to comply with the drug and transition from a hover for the require the pilot to brief the passengers
and alcohol testing requirements. purpose of takeoff and landing, or on how to use a life preserver or how
Flights conducted in accordance with during takeoff and landing, the pilot in to exit the aircraft after a water ditching.
§ 91.146 (Passenger carrying flights for command must make a reasonable plan However, § 91.509, Survival Equipment
the benefit of a charitable, nonprofit, or to operate the helicopter outside of the For Overwater Operations, applies to
community event) do not need to caution/warning/avoid area of the flights more than 50 nautical miles
comply with drug and alcohol testing limiting height/velocity or height/speed beyond the shoreline because subpart F,
requirements. diagram’’ to the rule language of Large and Turbine Powered Multiengine
In this final rule, if a charity or Helicopter performance plan and Airplanes and Fractional Ownership
community event operator goes beyond operations (final rule § 136.13). Program Aircraft, recognizes that special
the limits established in § 91.146 (e.g., We completely eliminated the requirements are appropriate for larger
four charity events, one community proposal in the NPRM for Deviation airplanes that may not make sense for
event, use of private pilots, etc.), then Procedures (proposed § 136.21) since we the entire general aviation community.
that operator is conducting operations are not adopting the standoff, altitude The same rationale applies here.
for compensation or hire and will and cloud clearance minima proposed Because charitable, nonprofit, and
operate under § 91.147. These in the NPRM. community event flights involve
operations must comply with those drug In summary, four sections (§§ 136.3– passengers who may be unfamiliar with
and alcohol testing requirements that 136.9) were deleted; section (§ 136.3) the risks of flight over water, these new
apply to all compensation or hire has been added; section (§ 136.5) has requirements assure an appropriate
operations. been added for operations in Hawaii level of safety when flying over water.
These drug and alcohol requirements only; the section for helicopter The requirement obviously does not
are not new for charity events. Prior to performance plan (§ 136.17) and apply to those flights not conducted
this final rule, previously granted helicopter operating limitations over water. Hence, when EAA sponsors
exemptions had similar conditions and (§ 136.19) have been merged into one flights conducted in small airplanes not
limitations and relieved the charity section (§ 136.13); and one section for over water and not in Hawaii, the
flights from drug and alcohol testing deviations (§ 136.21) has been deleted. passenger-briefing requirement (§ 136.7)
requirements. This new rule language We also added a new paragraph (e) to is the only safety provision applicable.
includes appropriate conditions and § 136.1 to permit pilot deviation from The Lightship Group stated that, as an
limitations in § 91.146 so that part 136, subpart A in the event of an operator of airships, it is concerned its
exemptions are not needed. in-flight emergency. industry will be included in the final
rule without regard to its clean safety
VII. Comments on Part 136 Operating A. Applicability and Definitions record, which is better than hot air
Requirements (§ 136.1) balloon and glider operations. The
This final rule removes the proposed EAA objected to the proposed Lightship Group commented that, since
Minimum Altitudes (136.3), Standoff mandate for part 91 flights for charity or the airship industry is very small due to
Distance (136.5), Visibility (136.7), and community events be conducted in high operating costs, new regulations
Cloud Clearance (136.9), based on accordance with the operational rules requiring additional infrastructure
comments. Several commenters stated for commercial air tour flights in part would pose a serious financial strain on
that the proposal would promote 136, subpart A. EAA stated, ‘‘The FAA current operators. This commenter
compression (mixing of airplanes and has presented no data that would works with the FAA on the Aviation
helicopters at the same altitudes) and suggest a need to place charitable and Rulemaking Committee (ARC) Airship
perhaps increase noise. We attempted to community fundraising operations Work Group for the purpose of
have one national standard for these under the provisions of the proposed clarifying regulations governing the
items, but it became too difficult with so part 136. EAA maintains that the FAA operation of airships, and suggests that
many variables present. There were is required to at least identify and other issues be addressed within that
always disadvantages for a particular substantiate the existence of a safety workgroup. The U.S. Parachute
Association was also concerned about attached to part 121, and a set of rules consideration of differences between
the rule’s applicability to its operation. covered under part 93. This only adds single and multiengine aircraft; (5)
The U.S. Parachute Association was to confusion among operators who are standoff distances for air tour operators
concerned with language proposed in trying to locate rules applicable to their should not be more restrictive than for
§ 136.1, when a flight for compensation operations. any other operator; (6) visibility
or hire has another purpose in addition requirements were too restrictive; and
to sightseeing, that the flight is subject B. Letters of Authorization (§ 136.3)
(6) cloud clearance distances were
to subpart A. Although this commenter Since the proposal would have moved impractical.
believes the FAA’s intent was to ensure many commercial air tour operators We find many of the comments have
that part 136 applied to operators from part 91 into part 121 or 135, the merit. Developing safety standards for
attempting to mask sightseeing flights operators would have needed all commercial air tour operators generic
behind other supposed purposes, it was Operations Specifications had we enough for use by operators in part 91,
concerned the proposed language may adopted the final rule as proposed. Now including those using private pilots, as
allow the converse. That is, it may allow that the final rule allows these same part well as commercial air tour operators in
the FAA to ‘‘see’’ a sightseeing flight 91 operators to remain in part 91, 121 or 135, required consideration of
when, in fact, the flight is truly made for Operations Specifications will not be many disparate regulations found in
another purpose. The U.S. Parachute issued to these commercial air tour parts 1, 91, 93, 121, 135, 136, SFAR 50–
Association recommended the language operators. The air carriers have 2, SFAR 71, park manuals, procedures
be revised to make it clear that part 136 Operations Specifications while part 91 documents, exemptions, Operations
only applies to flights where the operators do not. The part 91 operators Specifications, and LOAs. In response to
primary purpose is sightseeing. will apply for, receive, and comply with commentators, we have chosen to return
On the other hand, the Antique an LOA. This new section does not to the regulatory regime that existed
Airplane Association questioned the impose new requirements, but modifies before the NPRM.
justification for excluding gliders and the proposals in the NPRM.
As discussed above, one of the tasks The FAA recognizes that our various
hot air balloons.
Part 136 subpart A rules do not apply of this rulemaking is to develop a offices, including Air Traffic and Flight
to operations conducted under part 105 database of air tour operators. We Standards, have established procedures
(parachutes), part 101 (balloons), nor do discussed the need for a database during with operators necessary to resolve
they apply to operations conducted in our public meeting on the Internet. certain local airspace safety issues.
gliders (powered or unpowered). Gliders During the meeting we explained items These procedures may be established by
and hot air balloons were not that Operations Specifications include rule, on aviation charts, or by some form
considered when we published the and an air carrier participant explained of agreement with the operators.
NPRM because they did not fit into the how Management Specifications work We have eliminated the proposed
NTSB recommendations that inspired in part 91 subpart K, Fractional deviation authority based on comments.
the proposal. Since they were not part Ownership Operations. No participant We integrated what might have been
of the proposal, we are not including expressed objection to a database. deviation approvals into rule language
them within the scope of this final rule. The Hawaii air tour operators using as much as possible. Most commenters
Some commenters (Coastal SFAR 71 always have included part 91 supported the idea of standardized
Helicopters, Inc., and Venture Travel, operators. Those part 91 operators have language so they don’t have to apply for
LLC) questioned the need for part 136 LOAs instead of Operations and justify a deviation. As discussed
at all. The Tennessee Department of Specifications. The LOAs are below, we have moved the substance of
Transportation agreed that requiring maintained in the same electronic SFAR 71 into new Appendix A to part
flotation devices for overwater flights database as Operations Specifications 136. Those rules continue to have more
and mandatory passenger briefings but contain much less data. Operations restrictive altitude and standoff
should be standard practice, but Specifications may be amended or requirements than other operations, and
suggested that those requirements be reconsidered through § 119.51. Section we retain a deviation provision in
within the existing regulatory 136.3 now allows amendment and Appendix A.
framework rather than the proposed reconsideration of LOAs through D. Effect of Final Rule on Grand Canyon
new part 136. § 119.51 as well. and Hawaiian Operations
A goal of establishing part 136 is to
have one location for all air tour rules. C. Minimum Altitudes, Standoff This final rule does not replace SFAR
For the operators staying in part 91, life Distances, Visibility, and Cloud 50–2 (Operations in Grand Canyon).
preservers are not otherwise required Clearance (§ 136.3–136.9 in the NPRM) However, since the FAA envisions its
until an aircraft goes beyond 50 nautical In this final rule, the four sections future location in a subpart of part 136,
miles from shore, and part 91 doesn’t proposed in the NPRM are eliminated we reserved a place for it and for part
address passenger briefings on exiting and a new § 136.5 addresses only 93 subpart U (Special Flight Rules in the
the aircraft after a water ditching at all. minimum altitudes and standoff Vicinity of Grand Canyon National Park,
To put a new life preserver mandate in distances in the State of Hawaii taken AZ). The actual move does not occur in
part 91 would be more confusing than from the regulation formerly known as this final rule. Accordingly, SFAR 50–
the approach adopted here. SFAR 71. This approach allows us to 2 and part 93 subpart U will remain in
Part 136 was created in 2003 with the delete SFAR 71. their present locations, but may be
codification of the National Park Air Commentators objected to many moved in the future.
Tour Management Act into FAA rules. aspects of the proposed rule, stating However, SFAR 71 has been moved
The FAA envisioned at that time that that: (1) There was no FAA into part 136 as Appendix A. Placement
part 136 would become the regulatory consideration of geographic differences of SFAR 71 into part 136 is not a
part specific to air tour regulation. throughout the country; (2) they substantive change. Accordingly,
Currently, air tour regulation is spread opposed minimum altitudes; (3) commercial air tour operators in Hawaii
throughout the FAA rules, with some helicopters and airplanes should not be may continue to operate in accordance
SFARs being attached to part 91, others lumped together; (4) there was no FAA with their FAA-approved training
programs, procedures documents, proposed, we are requiring all water, this final rule requires a
Operations Specifications, and LOAs. commercial air tour operators (including passenger briefing before takeoff. This
More specifically, this final rule does those allowed to continue to operate final rule also specifies when life
not change the established routes or under part 91, including SFAR 50–2) to preservers for each occupant are
altitudes for the Grand Canyon Special complete passenger safety briefings. required to be available on the aircraft,
Flight Rules Area. The Grand Canyon That requirement is now found in part and when those life preservers are
manual and route/map or allocations 136 subpart A. Overwater briefings are required to be worn by all occupants.
structure approved by FAA required for flights traveling over water Life preservers discussed in this rule
Headquarters and the Las Vegas FSDO beyond the shoreline only. Those not apply to both airplanes and helicopters.
are not canceled by this rule. Grand traveling over water do not need to Floats discussed in this rule apply only
Canyon operators may continue to abide by the overwater equipment or to helicopters. Each helicopter required
operate commercial air tours in overwater briefing requirements in this to have floats is also required to have
accordance with FAA-approved training rule. Our additional passenger briefing life preservers. If you fly an airplane or
programs; the provisions and limitations requirement in part 136 specifies helicopter over water beyond the
of their manual; 12 the FAA-developed overwater operations and the need for shoreline, you must brief the passengers
Grand Canyon Route Map; and FAA- operators to brief passengers before and comply with the life preserver
issued Operations Specifications. Grand takeoff on procedures for water requirements, regardless of whether you
Canyon commercial air tour operators ditching, use of required life preservers, have floats.
will continue to use the altitudes and and emergency exit procedures in the
1. Passenger Briefings for Overwater
standoff distances approved for them by event of a water landing. We understand
(§ 136.7)
the FAA and contained in their manual Air Vegas Airlines is concerned about
maintained at the Las Vegas FSDO. The having to brief passengers on overwater If you intend a flight over water
effect on Grand Canyon air tour procedures even though these beyond the shoreline, passenger
operations will be felt through the safety passengers travel only briefly over Lake briefings are mandatory. Passengers on
rules in subpart A of part 136. Mead. Although it may be unlikely that a commercial air tour who travel over
Specifically, commercial air tour Air Vegas Airlines will have to attempt water must be briefed before takeoff on
operators operating at the Grand Canyon a landing on the water, it is possible and the appropriate requirement for life
will now have a more detailed passengers should be briefed for that preservers. If the life preserver is
helicopter performance plan, and be possibility. Thus, if the operator is required to be worn during the flight,
required to either outfit their aircraft flying over Lake Mead or the Colorado the operator must brief passengers on
with helicopter floats, or have River at any point during the flight, they when to inflate it in the event of an
passengers don life preservers while need to brief passengers on overwater emergency evacuation. Properly
traveling over water (Lake Mead the procedures before takeoff. instructing passengers to don life
most likely), dependent upon the ability We added three requirements for preservers when already in an
to glide to beyond the shoreline in the passenger briefings proposed in the emergency situation is difficult since
event of engine failure. The safety rules NPRM under the assumption that a part the aircraft may be unstable and taking
in subpart A of part 136 are applicable 91 operator would have complied with on water and panic sets in. Since most
to Grand Canyon air tour operations. part 135. Since part 91 operators are not of these ditched flights are flown by a
moving to part 135, we need to include single pilot, the pilot must concentrate
E. Passenger Briefings (§ 136.7) some requirements for passenger on managing the emergency, not on
Coastal Helicopters and Air Vegas briefings in part 136. Required briefings individual passengers. Thus, it is
Airlines commented that the passenger now include: important that, prior to flight overwater,
briefing should be addressed in part 135 (1) Procedures for fastening and passengers understand how to don life
and should not be required for unfastening seatbelts; preservers or be required to wear them.
operations not flying over water. Air (2) Prohibition on smoking; and They must also know how to open exits
Vegas Airlines commented that briefing (3) Procedures for opening exits and and exit the aircraft. Each of these steps
passengers on water ditching exiting the aircraft. is covered in the passenger briefing
procedures is unnecessary for Part 135 operators already have before takeoff.
operations covered by SFAR 50–2 briefing rules and the above three The Department of Transportation’s
because the duration of flight over water briefing requirements are no more Office of Inspector General completed
is so short and chances of landing in stringent than those existing rules. All an audit report entitled Oversight of the
water are minimal. GAMA believed the operators need to consider that some Air Tour Industry, May 28, 1999
NTSB recommendation on passenger passengers may not understand English. (Control # AV–1999–099). ‘‘Crashes into
briefings is appropriate and justified This final rule does not discuss seat water’’ are described on page 8 of that
because of specific accidents where pocket cards, videos, recordings, report. One accident in Hawaii resulted
passenger briefings were perceived by pictures, or personally ‘‘showing’’ a in three fatalities after all seven people
the NTSB to constitute a problem. passenger how to comply. Rather, it aboard a helicopter survived ditching,
In the NPRM, we proposed to move establishes a performance standard that since the occupants were unable to use
certain part 91 operators into part 135, an operator may meet through various life preservers ‘‘still located in their
forcing these air tour operators to meet means. containers beneath each seat.’’ The
the passenger-briefing requirements in report may be found at http://
F. Overwater Operations
part 135. Because we are keeping the 25- www.oig.dot.gov/
Under this final rule, if you do not item_details.php?item=235.
mile exception, those operators will not
operate a commercial air tour over water
be covered by the passenger briefing 2. Life Preservers (§ 136.9)
beyond the shoreline, you do not need

requirements of part 135. However, as
to brief for overwater evacuation In this final rule, we define ‘‘Life
12 The ‘‘manual’’ is FAA Order 1380.2A, Las procedures or have overwater life Preserver’’ and ‘‘shoreline’’ in § 136.1
Vegas FSDO Grand Canyon National Park Special preservers or helicopter floats. If you do for the purposes of part 136 subpart A.
Flight Rules Area Procedures Manual. operate a commercial air tour over We prefer commercial air tour operators
outfit their aircraft with the pouch type within power-off gliding distance of the passengers can easily open them. The
inflatable life preserver, but we do not shoreline. This change does not, FAA does not find a floating cushion to
require that specific type. When donned however, relieve operators from the be acceptable as a life preserver for the
by the passenger, an inflatable life requirement to have life preservers purposes of part 136 subpart A. Unlike
preserver must stay in an uninflated readily available and accessible to all life preservers, seat cushions have no
state until after exiting the aircraft in an occupants, or to brief occupants on the follow-on inspection requirement.
emergency. It is easier for occupants to use of those life preservers. All affected Floating cushions do not replace life
keep the life preserver on from before aircraft, including those with floats, preservers.
takeoff until after landing if they are must have life preservers. Sundance Helicopters recommended
wearing the pouch type life preserver. Coastal Helicopters and Bar Harbor that the FAA should significantly
These life preservers could be issued Aviation stated that wearing life modify the proposed requirement to
and re-collected while on the ground preservers could actually make the address only the specific geographic
with less wear on the preserver and operation less safe. Coastal stated that locations and operators to whom these
fewer passengers keeping them as a excited passengers who inflate the requirements should apply. Sundance
souvenir. The pouch type life preservers preserver before exiting the aircraft will Helicopters commented that the
are not bulky or uncomfortably hot be buoyed to the top and not be able to proposed rules are based on SFAR–71,
when flying in high temperatures, so exit the aircraft. Bar Harbor feared that which imposed certain requirements for
they may be more suitable for in the cramped quarters of small life preservers and floatation devices on
commercial air tours in hot climates. aircraft, life preservers can get entangled helicopters, because many of the
During the development of this rule, we in the aircraft controls as passengers Hawaiian operations were conducted
considered mandating the pouch type of attempt to exit. over large bodies of water. It stated that,
life preserver. As long as individuals Seaplane Pilots Association stated ‘‘* * *to impose those same
can safely exit the aircraft, there is no that life preservers worn continuously requirements in a national rule on
need to mandate a pouch, or even an in commercial service will be subject to commercial air tour companies which
inflatable design. Because of comfort, wear and tear far in excess of that typically fly over deserts or frozen
wear, and replacement concerns, we experienced by traditional one-time-use
tundra is ludicrous and shows just how
expect most operators will use the life preservers, which would
little thought the FAA has put into these
pouch type preserver. Accordingly, our significantly increase operating costs
proposed regulations.’’ Echoing this
definition also permits life preservers and may render the life preserver
sentiment, Kenmore Air Harbor argued
that are not inflatable, provided the inoperative when it is actually needed.
against the life preserver proposal
commercial air tour operator Seaplane also cited case studies
because water conditions in Hawaii are
showing that it was the lack of
demonstrates to the FAA that such a rough, unlike the conditions in other
instruction on the use of life preservers,
preserver can be used during an parts of the country where air tours are
not the location of the life preservers,
evacuation and will allow all passengers conducted. Kenmore recommended
that had the most significant impact on
to exit the aircraft without blocking the applying the rule on a regional basis
survivability. Kenmore commented that
exit. only.
passengers asked to wear life preservers
Scenic Airlines and Sundance and passengers observing others The NTSB recommended that we
Helicopters stated that the FAA has wearing them prior to boarding would establish one set of standards for all air
exceeded the NTSB’s recommendation feel a sense of anxiety about the tour operations (NTSB Rec. A–95–58).
in this area by proposing that occupants impending flight. Kenmore claimed With respect to life preserver
must wear life preservers for the entire training for pilots and a thorough requirements, we created one set of
flight (even over land) in twin-engine passenger briefing can improve chances standards for all commercial air tours.
airplanes and twin-engine helicopters, for underwater egress. It recommended However, we disagree with comments to
even if they can reach the shoreline in allowing operators to choose between follow the NTSB recommendation (A–
the event of a single engine failure. Air the use of inflatable life jackets and 95–59) that suggested we accommodate
Vegas Airlines, Papillon, Seaplane accessible floatation cushions. localized airspace restrictions. That
Pilots Association, and NATA agreed Merely briefing passengers on recommendation (A–95–59) is not
that the proposal went beyond the emergency exit procedures does not suitable for this safety provision,
NTSB recommendations with respect to adequately assure the safety of because the risk of drowning is present
power-off glide to land. Belle Air Tours occupants. Likewise, the risk of a life any time an aircraft goes down over
and Waldo Wright’s Flying Service preserver inflating inside the aircraft, or water.
believed that the overwater some lines getting tangled in cramped In the life preserver requirements, you
requirements should apply only when a quarters, does not outweigh the need to will see that we have provided relief in
flight is being operated outside gliding have occupants wear the life preservers some instances from the requirement
distance to shore. Commenters or know where they are and how to use that each occupant must wear a life
specifically argued that the proposal them. Life preservers worn every flight preserver. Occupants onboard certain
was contradictory to NTSB do indeed wear out faster than life aircraft only need to have the life
Recommendation A–99–57, which preservers tucked away in sealed heavy preservers readily available and
provided an exception if the airplane or plastic, and we leave it up to operators accessible. If the airplane is float-
single-engine helicopter ‘‘is operated at to find the best way to maintain them. equipped or can power-off glide to the
an altitude that allows it to reach a As discussed below, the life preserver shoreline, a life preserver must only be
suitable landing area in the case of an requirement also provides an alternative available and accessible to each
engine failure.’’ Consistent with our in which the life preserver must only be occupant and need not be worn by each
authority, we proposed a requirement available and accessible to each occupant. If a helicopter is float-
that exceeded the NTSB occupant and not physically worn for equipped, life preservers must only be
recommendation. Based on comments, the duration of each flight. Thus, we available and accessible to each
we have rewritten § 136.9 to consider will permit the life preservers to be occupant but need not be worn by each
aircraft with floats and aircraft operating stored in containers as long as occupant.
It is important for those required to engine helicopter. We have allowed has oversight. The operators have
wear life preservers to do so even if the operators 18 months to equip their manuals, an FAA issued map, and FAA
flight is operated within power-off helicopters with floats, which is issued routes that apply inside the
gliding distance of the shoreline. In an consistent with the proposal. SFAR.
emergency, the pilot might not Papillon Airways commented that The Hawaii operators’ history of
maneuver to get to an acceptable adding helicopter floats for its helicopter floats is well established, and
landing area beyond the shoreline. Also, operations would not increase the safety they hardly commented about the issue.
the pilot might know the power-off glide of operators, but rather decrease it, We believe there will be no reduction in
distance, but might err in estimating the when these operations are compared to safety because the helicopter float final
actual distance to shore. In other words, conducting all operations within gliding rule language requires the available
pilots of both helicopters and airplanes distance of the shore. Papillon also shoreline to be suitable for landing once
may overestimate gliding capability. provided details on the expected costs the glide is completed. Although this
of installing floats, including purchase section includes power-off gliding
3. Helicopter Floats (§ 136.11) costs, maintenance costs, and added distance, which SFAR 71 did not, it still
The FAA inadvertently proposed in weight that it asserted would reduce the requires the landing to be done at a
the NPRM that all helicopters be passenger load by one person per trip. location beyond the shoreline. While
equipped with floats even if they are not Papillon estimated that the cost of floats there is a great deal of land that may be
operated over water. This was not the alone could amount to over $1 million within power-off gliding distance in
FAA’s intention. Under this rule, a year when the costs of added flight Hawaii, the terrain is often dangerous
helicopter floats for commercial air hours, reduced passenger loads, and all and a landing would be nearly
tours only apply if a portion of the flight other factors are considered. In addition, impossible on such terrain.
is over water, except if that portion is USATA obtained several equipment This final rule does not provide an
during takeoff or landing only. cost estimates from its members. These exception for Alaska, because the safety
We have rewritten the ‘‘Helicopter estimates mostly reflected three major risks associated with a water ditching in
Floats’’ section in this final rule cost elements: (1) The cost of obtaining Alaska are at least as grave as safety
(§ 136.11) to address the ability of a the new equipment; (2) The cost of risks associated with a water ditching
helicopter to power-off glide to beyond installing and maintaining the new elsewhere.
the shoreline. If the helicopter operator equipment; and (3) lost revenue, G. Helicopter Performance Plan and
knows the performance 13 of the because the added weight of the new Operations (§ 136.13)
helicopter (as published by the equipment would cause a reduction of
one passenger per flight. The Helicopter performance plan
manufacturer) would allow the
The float requirement is relaxed in (proposed § 136.17) and Helicopter
helicopter to glide (autorotate) beyond
this final rule to allow for power-off Operating Limitations (proposed
the water to a landing spot, the operator
glide to land beyond the shoreline. § 136.19) are combined in the final rule
may not need helicopter floats.
Therefore the burden on operators is in § 136.13, Helicopter performance
Operators must make sure that the
reduced from what was initially plan and operations.
ability to glide (autorotate) to land when Various terms are used to describe
the engine fails will include the ability proposed in the NPRM. A full
evaluation of the costs associated with helicopter performance. One of these
to put the aircraft down safely in an area terms is the height/velocity diagram.
beyond the shoreline. We define adding floats to the affected helicopters
can be found in the final regulatory However, the FAA has used similar
shoreline in part 136 subpart A, and it terms in other parts of the regulations.
excludes areas that are intermittently evaluation that accompanies this rule.
We received several comments For example, 14 CFR part 27 (§ 27.79)
under water at the time of the flight, or uses the term ‘‘height-speed envelope.’’
regarding Grand Canyon operations that
areas that are otherwise unsuitable for 14 CFR part 29 uses the terms ‘‘height-
traverse Lake Mead. We recognize the
landing such as a vertical cliff. The velocity envelope’’ (§ 29.87), and
burden of requiring overwater
burden is on the operator to know the ‘‘height-speed envelope’’ (§ 29.1517).
equipment for operators who fly over
power-off gliding distance for existing For the purposes of this rule, both terms
hot desert most of the time. However,
conditions at the time of flight. Thus, are synonymous and are presented as
we also realize that Lake Mead is a
the operator must determine how far the height/velocity diagram (H/V
large, deep body of water that is too big
over the water they may go. diagram) used in Rotorcraft Flight
to go around readily. While we have not
A helicopter need not be equipped Manuals (RFM). The terms ‘‘curve’’,
had an incident of a Grand Canyon tour
with floats if each occupant is wearing ‘‘chart,’’ and ‘‘diagram,’’ when used in
operator ditching in Lake Mead, that
a life preserver while the helicopter is describing the H/V diagram, should be
doesn’t mean there couldn’t be an
within power-off gliding distance of the considered the same in this rule. The
incident in the future.
shoreline. The life preserver must be If operations into the Grand Canyon ‘‘avoid’’ area, ‘‘warning’’ area, and
worn from before take-off until the flight are in helicopters described in ‘‘caution’’ area of the height/velocity
is no longer over water. If the helicopter § 136.11(a), then floats will be required diagram are also used synonymously.
goes beyond power-off gliding distance, if the helicopters operate over Lake For the purposes of this discussion, this
floats are required for all single-engine Mead and beyond the power off glide area is called the ‘‘avoid area.’’ The
helicopters and multi-engine helicopters distance to shore. For operations within H/V diagram typically shows
described in § 136.11(a)(2). The multi- the power off glide distance for the combinations of airspeeds and heights
engine helicopters described in that entire time the helicopter flies over above the surface in which safe one-
section don’t have the performance to water, floats are not required if engine inoperative (autorotation in the
operate on one engine and must comply passengers are wearing life preservers. case of single-engine helicopter)
with the same requirements as a single
Lake Mead is outside Grand Canyon landings have not been demonstrated
13 Knowledge of performance applies to each
National Park and outside the airspace during certification.
make and model helicopter and under conditions
of SFAR 50–2. The FAA has worked The final rule language in § 136.13
of each flight to include density, altitude, and with the Grand Canyon operators for uses the term ‘‘height/velocity
handling characteristics. nearly 20 years and the Las Vegas FSDO information.’’ This information includes
not on the ‘‘H/V diagram,’’ but also a Commercial air tour operators in scenic areas. Commercial air tour
consideration of gross weight and Hawaii under Section 5 of SFAR 71 operation business plans may result in
density altitude and their effect on the have been required to operate operations within the ‘‘avoid’’ portion of
diagram. (See Rotorcraft Flying helicopters at a combination of height the height/velocity diagram as a routine
Handbook, FAA–H–8083–21, published and forward speed (including hover) operating environment. Extended
in 2000). that would permit a safe landing in the operation within the ‘‘avoid’’ portion of
Papillon Airways commented that event of an engine power loss, in the height/velocity diagram increases
requiring a plan before each flight is not accordance with the height/speed the exposure to the risk of not being able
practical since tour flights occur on a envelope for that helicopter under to execute successfully an autorotation
regularly specified route throughout the current weight and aircraft altitude. landing in the event of an engine failure,
day. The operators take into This requirement is retained under or in the case of multiengine
consideration weight and balance, gross section five of Appendix A to part 136. helicopters, a safe one-engine-
weight, duration of flight, fuel and route Thus, in Hawaii, it would be a violation inoperative landing. Therefore, aviation
of flight in ever-changing meteorological of the safety rules if the helicopter safety requires that commercial air tour
condition’s, according to Papillon. Since operator merely planned, but failed, to operators not only plan, but also operate
these conditions change, often after operate the aircraft in the manner in accordance with the plan. It is likely
departure, the pilot must maintain the described above (except when necessary that with each new tour, the passenger
flexibility of making decisions in flight for approach to and transition from a weights will be different, temperature
as climatic conditions change. Operators hover, or where necessary for safety of will be different, and altitude will vary.
in Hawaii made a similar comment flight). The FAA did not propose to Those differences can have a significant
during the Internet Public Meeting. reduce any of the requirements or impact on the performance plan
Liberty Helicopters stated that all of its restrictions for commercial air tour required in § 136.13. However, operators
New York City operations, except for operations in Hawaii. can develop performance plans in
takeoff and landings, are outside the As to commercial air tours in the rest advance, which identify maximum
height/velocity envelope and that it of the country, the FAA can and has weights, highest temperatures and
currently monitors the gross weight and placed limitations on the operation of lowest altitudes for planned tours and
center of gravity of all flights. Liberty certain aircraft in the operating load the aircraft accordingly to comply
Helicopters commented that the limitations of the RFM, as well as other with this requirement. Paragraph (c) of
requirement to produce a performance places. Commenters’ arguments that the the Helicopter performance plan and
plan for each flight, however, would only place the Agency could put an operations requires the pilot in
impose an onerous amount of additional limitation would be in the command to comply with the plan, and
paperwork for each 11-minute flight and operating limitations in the RFM, and any operation within the caution/
jeopardize its ability to continue that the Agency should not require warning/avoid area should be limited to
operations. helicopter operators to operate in maneuvering necessary only for takeoff
HAI and several helicopter air tour accordance with the height/velocity and landing, or safety of flight.
operators (Coastal Helicopter, Papillon, diagram are in error. As outlined above, Liberty commented that the
Sundance Helicopters, and NorthStar) SFAR 71 had a longstanding requirement to produce a performance
strongly opposed proposed § 136.19 requirement that helicopter operators plan for each flight would jeopardize its
regarding the height/velocity diagram. actually operate the aircraft in a manner ability to continue operations. The
HAI stated that our proposal was consistent with the height/velocity performance plans may be pre-
inconsistent with previously published diagram. In § 136.17 of the NPRM, we developed by the operator for standard
FAA guidance on the use of the height/ proposed that operators develop a plan conditions. The pilot in command
velocity diagram. Papillon agreed and and operate within that plan. In § 136.19 would add any adjustments for actual
stated that the proposal would prohibit of the NPRM, we proposed that all conditions. This is no different than the
it from operating at its current facility. operators remain outside of the caution/ current practice of using pre-developed
Similarly, Sundance Helicopters stated, warning/avoid area of the height/ flight plans. The operator develops the
‘‘This section is probably the most velocity diagram, except for takeoff and flight plans and the pilot in command
problematic and troubling part of this landing. In § 136.13(b) of this final rule, adds any differences at the time of the
new rule. If adopted it would make we require operators to make a flight if necessary. From the
present helicopter tour operations reasonable plan to operate the aircraft descriptions the commenters have made
nearly obsolete in any but airport outside the caution/warning/avoid area they are already doing performance
operations.’’ of the height/velocity diagram. In plans without any documentation.
Sundance Helicopters asked if the § 136.13(c), we require operators to In conclusion, regarding the
goal is to provide a high level of safety, operate the helicopter in accordance requirements for a performance plan,
why this proposal would not be with the plan, except when issues of the FAA believes it is not onerous or
imposed on all helicopter passenger flight safety arise. unusual for the pilots-in-command to be
operations, such as for offshore workers, For the commercial air tour industry, aware of the gross weight, power
fire fighters, and air ambulance patients, the FAA believes aviation safety requirements, and center of gravity
not just sightseeing passenger flights? requires the operator to operate in limits of their aircraft, and that the
NorthStar Trekking made a similar accordance with the plan. Unlike many planned operation will be conducted
comment. other commercial uses of helicopters safely within those limits. Much of this
Commenters noted that the height/ where the operator has a financial data can be preplanned through the use
velocity diagram is used to advise a incentive to get from point A to B as of tabular performance data,
helicopter operator and is not meant to efficiently as possible, part of the computation of potential maximum
be a limitation. As long as the flight business plan of a commercial air tour loading, expected ‘‘worst case’’ weather
plan supports avoiding the caution/ operator is to give the passengers conditions, etc.
warning/avoid area of the height/ opportunities to see certain sites on the The FAA, in response to commenters,
velocity diagram, commenters believed surface by flying lower, slower, and acknowledges that the height/velocity
there should be no violation of the rule. incorporating in-flight delays at certain diagram is not a limitation per se. The
rule language was amended from the Regulatory Policies and Procedures. The regulatory flexibility analysis as
NPRM proposal. Now the operator must rule will have a significant economic described in the RFA.
be aware of and familiar with the H/V impact on a substantial number of small However, if an agency determines that
diagram, and consider that information entities, but it will not reduce barriers a proposed or final rule is not expected
during the operation. Because accidents to international trade and does not to have a significant economic impact
have occurred while the aircraft impose an unfunded mandate on state, on a substantial number of small
remained in the caution/warning/avoid local, or tribal governments, or on the entities, section 605(b) of the RFA
area of the H/V diagram, it is essential private sector. These analyses, available provides that the head of the agency
to highlight the significance and in the final regulatory evaluation may so certify, and a regulatory
potential hazard of these operations for supporting today’s rule, are summarized flexibility analysis is not required. The
the commercial air tour operators. below. certification must include a statement
The FAA does not see the providing the factual basis for this
considerations of the elements of Final Regulatory Evaluation Summary determination, and the reasoning should
performance plans or the knowledge of of Cost and Benefits be clear.
the H/V diagram as additional The quantified potential benefits are The FAA conducted the required
requirements, but merely considerations estimated in this final regulatory review of this final rule and determined
in preflight planning and essential evaluation at $54.1 million or $38 that it will have a significant economic
operational knowledge of the aircraft million, present value, and the costs are impact on a substantial number of small
being flown in commercial, passenger- estimated at $29 million or $20.7 entities. Accordingly, pursuant to
carrying operations. million, present value. The potential Section 603 of the Regulatory Flexibility
benefits are based on avoiding 17 Act, the Federal Aviation
VIII. Regulatory Notices and Analyses Administration has prepared the
fatalities and eight serious injuries, and
Economic Assessment, Regulatory damage or destruction of the aircraft following final regulatory flexibility
Flexibility Determination, Trade Impact involved over the next 10 years, analysis.
Assessment, and Unfunded Mandates discounted at 7 percent. Part 135 Reasons Why Agency Action Is Being
Assessment commercial air tour operators will incur Taken
Proposed changes to Federal 82 percent of the costs of the rule while The FAA is adopting these national
regulations must undergo several part 91 operators will incur 18 percent safety standards to govern commercial
economic analyses. First, Executive of the costs. Ninety-nine percent of costs air tours as a result of accidents and
Order 12866 directs each Federal agency to part 135 operators are associated with incidents involving commercial air tour
to propose or adopt a regulation only equipping their helicopters with float operators directly linked to the major
upon a reasoned determination that the systems and preparing helicopter provisions of the rule and NTSB
benefits of the intended regulation performance plans before each flight. recommendations made in response to
justify its costs. Second, the Regulatory The cost-benefit ratio is greater than 1.0 air tour and sightseeing accidents and
Flexibility Act of 1980 requires agencies for each major cost center as well as by incidents. The rationale for each of the
to analyze the economic impact of type of operation. However, the major provisions of the final rule are
regulatory changes on small entities. substantial number of part 91 and part summarized below:
Third, the Trade Agreements Act (19 135 helicopter operators that have to Briefing provision. A basic tenet of
U.S.C. 2531–2533) prohibits agencies equip their helicopters with floats to aviation safety is that passengers know
from setting standards that create operate over water beyond the shoreline procedures for opening exits and exiting
unnecessary obstacles to the foreign will experience a significant economic the aircraft and, for flight segments over
commerce of the United States. In impact. water beyond the shoreline, procedures
developing U.S. standards, this Trade Final Regulatory Flexibility for water ditching and use of life
Act also requires agencies to consider Determination preservers. The FAA believes that
international standards and, where passenger briefings will improve the
appropriate, use them as the basis of The Regulatory Flexibility Act of 1980 chances of survival in the event of an
U.S. standards. Fourth, the Unfunded (RFA) establishes ‘‘as a principle of accident.
Mandates Reform Act of 1995 (Public regulatory issuance that agencies shall Safety provisions addressing the risks
Law 104–4) requires agencies to prepare endeavor, consistent with the objective of overwater operations. Based on an
a written assessment of the costs, of the rule and of applicable statutes, to analysis of the risks of overwater
benefits, and other effects of proposed fit regulatory and informational operations and NTSB recommendations,
or final rules that include a Federal requirements to the scale of the the FAA concludes that the benefits of
mandate likely to result in the business, organizations, and these provisions justify the costs and
expenditure by State, local, or tribal governmental jurisdictions subject to potential inconvenience to passengers.
governments, in the aggregate, or by the regulation.’’ To achieve that principle, Airplane occupants will also benefit
private sector, of $100 million or more the RFA requires agencies to solicit and from the requirement for life preservers
annually (adjusted for inflation.) consider flexible regulatory proposals when air tours are conducted over
In conducting these analyses, FAA and to explain the rationale for their water. Based on survivors’ testimony,
has determined this rule has benefits actions. The RFA covers a wide range of life preservers alone are insufficient in
that justify its costs, and is a ‘‘significant small entities, including small preventing loss of life in helicopter
regulatory action’’ as defined in section businesses, not-for-profit organizations, accidents over water. Without floats,
3(f) of Executive Order 12866 because it and small governmental jurisdictions. helicopters sink quickly upon impact,
raises novel policy issues contemplated Agencies must perform a review to giving occupants little time to exit the
under that executive order, the proposal determine whether a proposed or final aircraft. The FAA believes that
of which generated significant public rule will have a significant economic helicopter floats, in conjunction with
comment. Accordingly, this rule has impact on a substantial number of small life preservers, will significantly
been reviewed by OMB. The rule is also entities. If the agency determines that it improve the chances of survival.
‘‘significant’’ as defined in DOT’s will, the agency must prepare a Therefore, this final rule will require life
preservers for both airplanes and Projected Reporting, Recordkeeping and and has chosen not to adopt this
helicopters and floats for helicopters Other Compliance Requirements alternative.
that operate overwater beyond the Alternative 2: Require helicopter
Pilots flying for charitable, non-profit,
shoreline without gliding capability. floats for all operations beyond the
or community events must provide a
shoreline: The NPRM required each
Statement of Objectives and Legal Basis signed statement that the pilot has not
helicopter to be equipped with a
The objective of this proposal is to flown more than three previous events
floatation system for a flight over water
provide a higher and uniform level of covered by section 91.146 during the
except if the overwater portion of the
safety for all commercial air tours. current calendar year at a cost of $7 per flight was only necessary for take-off or
Under the United States Code, the statement. Operators conducting flights landing. The final rule will only require
FAA Administrator is required to under section 91.147 must apply for and floats if the overwater operations are
consider the following matter, among receive a Letter of Authorization from beyond the helicopter’s power-off
others, as being in the public interest: the FAA at a cost of approximately $24 gliding distance of the shoreline. This
assigning, maintaining, and enhancing per operator. Section 136.13 requires change from the NPRM reduces the
safety and security as the highest each operator to complete a scope of this provision and reduces the
priorities in air commerce [see 49 U.S.C. performance plan before each helicopter associated costs.
§ 40101(d)(1)]. Additionally, it is the flight by a commercial air tour operator The FAA believes that the safety
FAA Administrator’s statutory duty to or a flight operated under Sections objectives will be met through this
carry out her responsibilities ‘‘in a way 91.146 or 91.147. The pilot must review alternative. The FAA believes that
that best tends to reduce or eliminate for accuracy at a cost of approximately helicopter floats alone are insufficient to
the possibility or recurrence of $2 per flight. prevent loss of life. The rule requires
accidents in air transportation.’’ [see 49 Overlapping, Duplicative, or Conflicting helicopters with floats to have life
U.S.C. § 44701(c)]. Accordingly, this Federal Rules preservers for all occupants. Based on
notice proposes to amend Title 14 of the survivors’ descriptions, the FAA
Code of Federal Regulations to provide The final rule will not overlap, believes that life preservers alone are
definitions for commercial air tours, and duplicate, or conflict with existing insufficient in preventing loss of life in
establish new safety requirements for Federal Rules. The Small Business helicopter accidents over water.
such operations. Administration commented that the Helicopter floats, in conjunction with
requirements of the proposed rule are life preservers, would significantly
Description of Small Entities Affected duplicative with the National Parks Air improve the chances of survival. For
The FAA concludes that virtually all Tour Management requirements. The this reason, the FAA has chosen to
of the entities affected by the proposed FAA does not agree with this comment adopt this alternative.
amendments are small according to since this final rule addresses how Alternative 3: Grandfather part 91
thresholds established by the Small commercial air tour flights are to be operators: The final rule continues to
Business Administration. conducted, rather than where such allow flights for compensation or hire to
An estimated 645 part 91 operators flights may be conducted. This is a operate under part 91, with certain
will be affected by the rule. This rule safety rule. Under the National Parks provisions. The NPRM would have
will impose annualized costs per Air Tour Management requirements, required part 91 sightseeing operators to
Section 91.147 operator of: (1) $115 to each park will determine specific park obtain part 135 certification. Adoption
provide passenger briefings and rules as they see fit. Each park may be of this alternative reduces the cost of the
paperwork; (2) an additional $45 to different. rule to part 91 operators from about
operators of airplanes whose occupants $150 million over 10 years, to $5.8
must wear life preservers for a total of Analysis of Alternatives
million over the same period.
$160; (3) $3,290 to helicopter operators Alternative 1: Lengthen the
to complete performance plans and compliance period: The final rule will Affordability Analysis
provide briefings; and (4) $9,300 to require full compliance within six The FAA lacks specific revenue and
helicopter operators who have to months from the date of issuance with profit data for most of the entities
provide life preservers and equip their complete phase-in of the helicopter affected by this rule. The United States
aircraft with floats in addition to floats within 18 months of the effective Census Bureau data for 2002 provides
completing performance plans and date. The FAA issued the NPRM in annual receipt information for Scenic
providing briefings for a total cost of October 2003 alerting the public to the and Sightseeing Transportation, Other
$12,600. An estimated 90 part 121/135 proposal. In view of the more than 2,000 (NAICS 4879) which includes airplane
operators will be affected by the rule. comments received and the holding of and helicopter operators.14 The receipt
This rule will impose annualized costs public and Internet meetings, the FAA information is grouped into five
per part 135 operator conducting believes that the compliance times categories. The FAA has reviewed this
commercial air tours of: (1) $110 to provided are adequate. Lengthening the information and found that the 20
provide passenger briefings and compliance period to 10 years, for largest firms had average revenues of
paperwork; (2) an additional $205 to example, would save some compliance $5.6 million and includes some firms
operators of airplanes whose occupants costs on aircraft due to be removed from with receipts that exceed the SBA
must wear life preservers for a total of service within the 10-year period. The threshold. The average annual receipts
$315; (3) $27,800 to helicopter operators FAA believes, however, that the excluding the 20 largest firms was
to complete performance plans and sightseeing/air tour accident history $333,357; the average annual receipts
provide briefings; and (4) $88,400 to justifies FAA action in the near term. excluding the 50 largest firms was
helicopter operators whose occupants Between 1996 and 2005, there were 17 $181,230. The FAA believes it is
must wear life preservers and equip fatalities and eight serious injuries appropriate to assess the impact of the
their aircraft with floats in addition to involving part 91 sightseeing flights and final rule’s costs on Section 91.147
completing performance plans and part 135 air tours. The FAA believes, operators using the $181,230 average
providing briefings, at a cost of $27,800, therefore, that the higher standards
for a total cost of $116,200. should be implemented expeditiously 14 See Appendix Table 1.
and the $333,357 amount for most part continue flying over water beyond the commerce of the United States.
135 operators. shoreline. These operators have 18 Legitimate domestic objectives, such as
The FAA determines the $160 months to determine whether to equip safety, are not considered unnecessary
annualized cost to part 91 airplane all their helicopters, formulate financial obstacles. The statute also requires
operators is not a significant cost to the plans to meet the initial capital float Federal agencies to consider
operator with average revenues of cost, or devise alternate routing to avoid international standards and, where
$181,230. The annualized cost to 33 the expense. The FAA concludes that appropriate, use the foreign standards as
helicopter operators to complete these operators would remain in the basis for U.S. standards. In
performance plans and provide briefings business, although we have added accordance with the above statute, the
is a significant cost as it accounts for operator relief for ability to glide to FAA has assessed the potential effect of
approximately 1.8 percent of annual beyond the shoreline. this final rule and determined that it
receipts. Requiring helicopter occupants would have only a domestic impact and
to wear life preservers and installing Disproportionality Analysis
therefore no affect on any trade-
floats increases the annualized costs of Almost all entities in the commercial sensitive activity.
17 operators to approximately 6.9 air tour/sightseeing market are small
percent of annual receipts. (annual receipts of $6 million or less). Unfunded Mandates Assessment
The FAA determines the $315 Accordingly, the costs imposed by this The Unfunded Mandates Reform Act
annualized cost to airplane operators is rule will be borne almost entirely by of 1995 (Public Law 104–4) is intended,
not a significant cost to the part 135 small businesses. Helicopter operators among other things, to curb the practice
operator with average revenues of will incur much higher costs than of imposing unfunded Federal mandates
$333,357. The annualized cost to 38 airplane operators due to the on State, local, and tribal governments.
helicopter operators to complete requirement to equip their aircraft with Title II of the Act requires each Federal
performance plans and provide briefings floats if they conduct operations agency to prepare a written statement
is a significant cost as it accounts for overwater and the requirement to assessing the effects of any Federal
approximately 8.3 percent of annual prepare helicopter performance plans. mandate in a proposed or final agency
receipts. Requiring helicopter occupants The FAA believes that the only way to rule that may result in the expenditure
to wear life preservers and installing accomplish the commercial air tour of $100 million or more (adjusted
floats increases the annualized costs of safety needs for helicopter operations is annually for inflation with the base year
15 operators to approximately 35 to impose these higher standards on 1995) in any one year by State, local,
percent of annual receipts. The FAA these entities. and tribal governments, in the aggregate,
believes, however, that the helicopter or by the private sector; such a mandate
Key Assumptions Analysis
float costs will apply to the larger, more is deemed to be a ‘‘significant regulatory
financially viable part 135 entities with The FAA has made several action.’’ The FAA currently uses an
receipts exceeding the average revenues conservative assumptions in this inflation-adjusted value of $128.1
used. As noted above the Census data analysis, which may have resulted in an million in lieu of $100 million.
indicates that the 20 largest firms had overestimate of the costs of the final This final rule does not contain such
average revenues of $5.6 million; using rule. For example, the FAA assumes a mandate. Therefore, the requirements
this average revenue lowers the that all helicopters in commercial air of Title II of the Unfunded Mandates
annualized cost to 2.1 percent. tour service in areas that require floats Reform Act of 1995 do not apply.
While there are significant costs to will equip all their helicopters with
helicopter operators, there are a number floats. It is highly possible that the Paperwork Reduction Act
of options the operators may exercise to number will be lower because some This final rule contains the following
avoid or minimize these costs. If air operators already have floats to comply new information collection
tours do not constitute a significant with 14 CFR 135.183 and SFAR 71 for requirements subject to review by the
share of an operator’s net revenues, an Hawaii, some operators do not use all Office of Management and Budget
operator may elect not to continue to the helicopters in their fleet for (OMB) under the Paperwork Reduction
provide air tours. Other operators may commercial air tours, and others who Act of 1995 (44 U.S.C. 3507(d)).
alter the air tour route to avoid the currently operate marginally over water Organizations and individuals desiring
compliance costs, but this may may change their flight plans to remain to submit comments on the information,
adversely affect tour revenues. Some over land. Also, the helicopter life billing, and collection requirements
operators, depending on the volume of preserver costs may be overestimated should direct them to the U.S.
their commercial air tour operations, since there is a voluntary industry Department of Transportation Dockets at
may elect to only equip part of their standard that requires occupants to wear the address listed in the ADDRESSES
fleet to ensure the affordability to their a life preserver provided by the tour section of this document. The FAA can
business. The FAA concludes these operator. To the extent this is a current only roughly estimate the effect of this
operators will be able to afford to practice for some operators, it is not a final rule on air tour operators because
comply with the final rule and remain cost of this rule. We have estimated that accurate and complete data on the
in business. the pilot may complete the helicopter number of operators, tours, and aircraft
performance plans although the rule is not yet available. One purpose of this
Business Closure Analysis rule is to establish a definition of
permits the plan to be calculated by a
The FAA will allow operators lower paid employee as long as the pilot Commercial Air Tour that may be used
conducting flights for compensation or reviews it for accuracy. to subsequently collect data on the air
hire under part 91 to remain under part tour industry.
91. This change will allow the part 91 International Trade Impact Assessment Section 91.146(d) will require each
operators currently providing The Trade Agreements Act of 1979 pilot to certify in a signed statement that
sightseeing flights to continue to prohibits Federal agencies from the pilot has not flown more than three
provide their service. The requirement establishing any standards or engaging previous events covered by this section
for helicopter floats will impose in related activities that create during the current calendar year. Pilots
significant costs on operators who opt to unnecessary obstacles to the foreign currently must provide sponsors with
their pilot and medical certificates and given the current state of electronics. Total Cost = $909,050 ($888,250 for
log book under Section 61.113(d)(1). Nation-wide charitable and non-profit videos + $20,800 for oral briefings)
Some sponsors have also had to submit organizations could produce videos and Section 136.13 will require each
the latter information because of the distribute to local chapters at very little operator to complete a performance plan
exemptions they hold and would simply cost. Commercial air tour operators are before each helicopter flight by a
add the certification statement For the also likely to use videos as some already commercial air tour operator. These
first year, this will require 2,200 pilot × do. Some 935 videos (200 by charitable estimates include all of the helicopters
10 minutes each × $41.66 hourly = 366.7 and non-profit groups, 645 by Section in the operator’s fleet although the
hours and $15,277. 91.147 operators and 90 by part 135 entire fleet may not be used for
Initial hours = 366.7 operators) are estimated to be produced commercial air tours. Pilots will take 3
Initial cost = $15,277 at an initial cost of $500 each and be minutes to review the performance plan
Recurring hours = 3,300 replaced over a 10-year period. before each flight at a cost of $2.08 per
Recurring cost = $137,493 Presenting the information by video is review. The total number of charity and
Total Hours = 3,667,7 less costly than oral briefings because non-profit helicopter flights per year are
Total Cost = $152,770 the cost of producing the video can be estimated at 9,600. The number of
Section 91.147 requires that operators amortized over 10 years which results in Section 91.147 flights is based on 42
apply for, receive and comply with a lower per briefing cost. While the helicopters conducting 400 air tour
Letter of Authorization from the FAA to automated methods are available to flight hours per year and performing 3
conduct nonstop passenger-carrying individuals providing local community tours per flight hour (42 × 400 × 3 =
flights for compensation or hire. These flights, it is more likely the pilot will 50,400). The number of part 135
operators are already subject to the orally transmit this information to commercial air tour flights are a
FAA’s drug and alcohol requirements passengers because videos would not be combination of two categories of
(and thus not a part of this rule) and cost-effective. Pilot briefings are operations: (1) Air tour hours for
most of the information that must be estimated to take 3 minutes at a cost of operations of 134 AS 350 helicopters at
submitted under this section is the same $2.08 per briefing. 1,253 hours per year per aircraft and (2)
general business information (addresses, Initial videos will take 5 hours to that the average flight takes 45 minutes
names of personnel) provided for those produce at a cost of $100 per hour or a (134 × 1253 × (60/45) = 223,869).
programs, plus aircraft information. total of 4,675 hours and a cost of Commercial air tours by 169 other
Initially, 645 operators will apply and $467,500. Initial oral briefings are helicopters used by part 135 operators
thereafter, 16 new operators will register estimated to take 3 minutes each at a are based on 556 air tour hours per
each year. The application will take cost of $2.08 per briefing and given aircraft and performing 3 tours per flight
each operator 20 minutes to complete before 1,000 flights. hour (169 × 556 × 3 = 281,892). The total
the process. Initial hours and cost = 645 Initial hours = 4,725 (4,675 for video number of affected part 135 helicopter
operators × 20 minutes each × $73.77 productions + 50 hours for oral flights is about 505,800.
hourly = 215 hours and $15,860. briefings) Initial hours = 28,290 (9,600 + 50,400 +
Initial hours = 215 Initial cost = $469,580 ($467,500 for 505,800 = 565,800 flight × 3 minutes
Initial cost = $15,860 videos + $2,080 for oral briefings) per flight = 1,697,400 minutes / 60
Recurring hours = 48 Recurring hours = 4,657.5 (4,207.5 for
minutes per hour = 28,290 hours)
Recurring cost = $3,510 video productions + 450 hours for
Total Hours = 263 oral briefings) Initial cost = $1,176,864 (565,800 flights
Total Cost = $19,370 Recurring cost = $439,470 ($420,750 for × $2.08 per flight)
Section 136.7 requires air tour videos + $18,720 for oral briefings) Recurring hours = 2,636,010
operators to provide passenger briefings. Total Hours = 9,382.5 (8,882.5 for video Recurring cost = $10,591,776
There are numerous options for productions + 500 hours for oral Total Hours = 282,900
presenting the required information briefings) Total Cost = $11,768,640
SUMMARY OF INITIAL AND TOTAL PAPERWORK HOURS AND COSTS

Ten year Ten year
Category Initial hours Initial cost hours costs
Pilot certification ........................................................................................................... 366.7 $15,277 3,667.7 $152,770

Letter of Authorization ................................................................................................. 215 15,860 263 19,370
Passenger briefings ..................................................................................................... 4,725 469,580 9,382.5 909,050
Performance plans ....................................................................................................... 28,290 1,176,864 282,900 11,768,640
Total ...................................................................................................................... 33,596.7 1,677,581 296,213.2 12,849,830
Note: Section 136.5, Minimums for Hawaii, Control Number. As required by the Number will then be published
contains paperwork items that have already Paperwork Reduction Act of 1995 (44 separately in the Federal Register.
been addressed in the paperwork package for U.S.C. 3507(d)), the FAA submitted a
SFAR 71. Section 136.7, Passenger Briefings International Compatibility
is partially covered in paperwork packages copy of the new information collection
for part 91 and for part 135. requirements(s) in this final rule to In keeping with U.S. obligations
OMB for its review. OMB is still under the Convention on International
An agency may not conduct or reviewing the submission and will Civil Aviation, it is FAA policy to
sponsor and a person is not required to provide an OMB Control Number when comply with International Civil
respond to a collection of information the review is complete. That Control Aviation Organization (ICAO) Standards
unless it displays a currently valid OMB and Recommended Practices to the
maximum extent practicable. The FAA Regulations that Significantly Affect Authority: 49 U.S.C. 106(g), 40113, 44701–
has determined that there are no ICAO Energy Supply, Distribution, or Use 44703, 44707, 44709–44711, 45102–45103,
Standards and Recommended Practices 45301–45302.
The FAA has analyzed this final rule
that correspond to these regulations. ■ 2. Amend § 61.113 by revising
under Executive Order 13211, Actions
Executive Order 13132, Federalism Concerning Regulations that paragraph (d) to read as follows:
The FAA has analyzed this final rule Significantly Affect Energy Supply, § 61.113 Private pilot privileges and
under the principles and criteria of Distribution, or Use (May 18, 2001). We limitations: Pilot in command.
Executive Order 13132, Federalism. We have determined that it is not a * * * * *
determined that this action would not ‘‘significant energy action’’ under the (d) A private pilot may act as pilot in
have a substantial direct effect on the executive order because it is not a command of a charitable, nonprofit, or
States, on the relationship between the ‘‘significant regulatory action’’ under community event flight described in
national Government and the States, or Executive Order 12866, and it is not § 91.146, if the sponsor and pilot
on the distribution of power and likely to have a significant adverse effect comply with the requirements of
responsibilities among the various on the supply, distribution, or use of § 91.146.
levels of government, and therefore energy. * * * * *
would not have federalism implications. List of Subjects
PART 91—GENERAL OPERATING AND
Regulations Affecting Intrastate 14 CFR Part 61 FLIGHT RULES
Aviation in Alaska
Aircraft, Airmen, Aviation safety,
Section 1205 of the FAA ■ 3. The authority citation for part 91
Reporting and recordkeeping
Reauthorization Act of 1996 (110 Stat. continues to read as follows:
requirements.
3213) requires the FAA, when Authority: 49 U.S.C. 106(g), 1155, 40103,
modifying its regulations in a manner 14 CFR Part 91 40113, 40120, 44101, 44111, 44701, 44709,
affecting intrastate aviation in Alaska, to Aircraft, Airmen, Air traffic control,
44711, 44712, 44715, 44716, 44717, 44722,
consider the extent to which Alaska is 46306, 46315, 46316, 46504, 46506–46507,
Aviation safety, Reporting and 47122, 47508, 47528–47531, articles 12 and
not served by transportation modes recordkeeping requirements.
other than aviation, and to establish 29 of the Convention on International Civil
Aviation (61 stat.1180).
appropriate regulatory distinctions. In 14 CFR Part 119
the NPRM, we requested comments on Administrative practice and Special Federal Aviation Regulation
whether the proposed rule should apply procedures, Air carriers, Aircraft, No. 71—Special Operating Rules for
differently to intrastate operations in Aviation safety, Charter flights, Air Tour Operators in the State of
Alaska. We received comments that Commuter operations, On demand Hawaii
specifically related to intrastate aviation operations, Reporting and ■ 4. Remove SFAR No. 71 from part 91.
in Alaska and the section we received recordkeeping requirements.
comments about (minimum altitudes in ■ 5. Add § 91.146 to read as follows:
part 136) has been deleted in the final 14 CFR Part 121 § 91.146 Passenger-carrying flights for the
rule. The comments by NorthStar are Air carriers, Aircraft, Airmen, Alcohol benefit of a charitable, nonprofit, or
addressed in the preamble above. abuse, Aviation safety, Charter flights, community event.
Environmental Analysis Drug abuse, Drug testing, Reporting and (a) Definitions. For purposes of this
recordkeeping requirements, Safety. section, the following definitions apply:
In accordance with FAA Order Charitable event means an event that
1050.1E, the FAA has determined that 14 CFR Part 135 raises funds for the benefit of a
this amendment is categorically charitable organization recognized by
Aircraft, Alcohol abuse, Aviation
excluded from environmental review the Department of the Treasury whose
safety, drug abuse, drug testing,
under section 102(2)(C) of the National donors may deduct contributions under
Reporting and recordkeeping
Environmental Policy Act. In 1994 the section 170 of the Internal Revenue
requirements.
original SFAR 71 established Code (26 U.S.C. Section 170).
procedural, operational, and equipment 14 CFR Part 136 Community event means an event that
safety requirements for air tour aircraft Air transportation, Aircraft, raises funds for the benefit of any local
in the state of Hawaii. This final rule Airplanes, Air tours, Air safety, or community cause that is not a
maintains those requirements. Neither Aviation safety, Commercial air tours, charitable event or non-profit event.
SFAR 71 nor this final rule involves any Helicopters, National Parks, Recreation Non-profit event means an event that
significant impacts to the human and recreation areas, Reporting and raises funds for the benefit of a non-
environment and the FAA has recordkeeping requirements. profit organization recognized under
determined that there are no State or Federal law, as long as one of
extraordinary circumstances. This rule The Amendment the organization’s purposes is the
does not change the existing promotion of aviation safety.
environment and is not likely to effect ■ For the reasons set forth above, the (b) Passenger carrying flights for the
listed, endangered or threatened Federal Aviation Administration is benefit of a charitable, nonprofit, or
species. Comments requesting that the amending Title 14 of the Code of community event identified in
FAA ban overflights from critical habitat Federal Regulations parts 61, 91, 119, paragraph (c) of this section are not
are beyond the scope of this rule. The 121, 135 and 136 as follows: subject to the certification requirements
National Park Service commented about PART 61—CERTIFICATION: PILOTS, of part 119 or the drug and alcohol
our proposed minimum altitude FLIGHT INSTRUCTORS, AND GROUND testing requirements in part 121,
changes but they have not been adopted INSTRUCTORS appendices I and J, of this chapter,
in this final rule. A more detailed provided the following conditions are
response to those issues is included in ■ 1. The authority citation for part 61 satisfied and the limitations in
the discussion of comments above. continues to read as follows: paragraphs (c) and (d) are not exceeded:
(1) The flight is nonstop and begins under this section participated in by the PART 119—CERTIFICATION: AIR
and ends at the same airport and is sponsor in the current calendar year; CARRIERS AND COMMERCIAL
conducted within a 25-statute mile (2) A photocopy of each pilot in OPERATORS
radius of that airport; command’s pilot certificate, medical
(2) The flight is conducted from a certificate, and logbook entries that ■ 7. The authority citation for part 119
public airport that is adequate for the show the pilot is current in accordance continues to read as follows:
airplane or helicopter used, or from with §§ 61.56 and 61.57 of this chapter Authority: 49 U.S.C. 106(g), 1153, 40101,
another location the FAA approves for and that any private pilot has at least 40102, 40103, 40113, 44105, 44106, 44111,
the operation; 500 hours of flight time; and 44701–44717, 44722, 44901, 44903, 44904,
(3) The airplane or helicopter has a 44906, 44912, 44914, 44936, 44938, 46103,
(3) A signed statement from each pilot 46105.
maximum of 30 seats, excluding each
that lists all prior events under this
crewmember seat, and a maximum ■ 8. Effective September 11, 2007,
section in which the pilot has
payload capacity of 7,500 pounds; amend § 119.1 by revising paragraph
(4) The flight is not an aerobatic or a participated during the current calendar
year. (e)(2) to read as follows:
formation flight;
(5) Each airplane or helicopter holds ■ 6. Add § 91.147 to read as follows: § 119.1 Applicability.
a standard airworthiness certificate, is * * * * *
airworthy, and is operated in § 91.147 Passenger carrying flights for (e) * * *
compensation or hire. (2) Nonstop Commercial Air Tours
compliance with the applicable
requirements of subpart E of this part; Each Operator conducting passenger- conducted after September 11, 2007, in
(6) Each flight is made during day carrying flights for compensation or hire an airplane or helicopter having a
VFR conditions; must meet the following requirements standard airworthiness certificate and
(7) Reimbursement of the operator of unless all flights are conducted under passenger-seat configuration of 30 seats
the airplane or helicopter is limited to § 91.146. or fewer and a maximum payload
that portion of the passenger payment (a) For the purposes of this section capacity of 7,500 pounds or less that
for the flight that does not exceed the and for drug and alcohol testing, begin and end at the same airport, and
pro rata cost of owning, operating, and Operator means any person conducting are conducted within a 25-statute mile
maintaining the aircraft for that flight, nonstop passenger-carrying flights in an radius of that airport, in compliance
which may include fuel, oil, airport airplane or helicopter for compensation with the Letter of Authorization issued
expenditures, and rental fees; or hire in accordance with under § 91.147 of this chapter. For
(8) The beneficiary of the funds raised §§ 119.1(e)(2), 135.1(a)(5), or 121.1(d), of nonstop Commercial Air Tours
is not in the business of transportation this chapter that begin and end at the conducted in accordance with part 136,
by air; same airport and are conducted within subpart B of this chapter, National Parks
(9) A private pilot acting as pilot in a 25-statute mile radius of that airport. Air Tour Management, the requirements
command has at least 500 hours of flight of part 119 of this chapter apply unless
time; (b) An Operator must comply with the
excepted in § 136.37(g)(2). For Nonstop
(10) Each flight is conducted in safety provisions of part 136, subpart A
Commercial Air Tours conducted in the
accordance with the safety provisions of of this chapter, and apply for and
vicinity of the Grand Canyon National
part 136, subpart A of this chapter; and receive a Letter of Authorization from
Park, Arizona, the requirements of
(11) Flights are not conducted over a the Flight Standards District Office
SFAR 50–2, part 93, subpart U, and part
national park, unit of a national park, or nearest to its principal place of business
119 of this chapter, as applicable, apply.
abutting tribal lands, unless the operator by September 11, 2007.
* * * * *
has secured a letter of agreement from (c) Each application for a Letter of
■ 9. Amend § 119.3 by adding the
the FAA, as specified under subpart B Authorization must include the
of part 136 of this chapter, and is following information: following definition:
operating in accordance with that (1) Name of Operator, agent, and any § 119.3 Definitions.
agreement during the flights. d/b/a (doing-business-as) under which * * * * *
(c) (1) Passenger-carrying flights or that Operator does business; Commercial air tour means a flight
series of flights are limited to a total of (2) Principal business address and conducted for compensation or hire in
four charitable events or non-profit mailing address; an airplane or helicopter where a
events per year, with no event lasting purpose of the flight is sightseeing. The
more than three consecutive days. (3) Principal place of business (if
different from business address); FAA may consider the following factors
(2) Passenger-carrying flights or series in determining whether a flight is a
of flights are limited to one community (4) Name of person responsible for
commercial air tour:
event per year, with no event lasting management of the business; (1) Whether there was a holding out
more than three consecutive days. (5) Name of person responsible for to the public of willingness to conduct
(d) Pilots and sponsors of events aircraft maintenance; a sightseeing flight for compensation or
described in this section are limited to (6) Type of aircraft, registration hire;
no more than 4 events per calendar year. number(s), and make/model/series; and (2) Whether the person offering the
(e) At least seven days before the flight provided a narrative that referred
(7) An Antidrug and Alcohol Misuse
event, each sponsor of an event to areas or points of interest on the
Prevention Program registration.
described in this section must furnish to surface below the route of the flight;
the FAA Flight Standards District Office (d) The Operator must register and (3) The area of operation;
with jurisdiction over the geographical implement its drug and alcohol testing (4) How often the person offering the
programs in accordance with part 121,
area where the event is scheduled: flight conducts such flights;

(1) A signed letter detailing the name appendices I and J, of this chapter. (5) The route of flight;
of the sponsor, the purpose of the event, (e) The Operator must comply with (6) The inclusion of sightseeing flights
the date and time of the event, the the provisions of the Letter of as part of any travel arrangement
location of the event, all prior events Authorization received. package;
(7) Whether the flight in question and 135.353; and with the provisions of ■ 21. Add new subpart A to read as
would have been canceled based on part 136, subpart A, and § 91.147 of this follows:
poor visibility of the surface below the chapter by September 11, 2007.
route of the flight; and * * * * * Subpart A—National Air Tour Safety
(8) Any other factors that the FAA (8) Commercial Air tours conducted Standards
considers appropriate. by holders of operations specifications Sec.
* * * * * issued under this part must comply 136.1 Applicability and definitions.
with the provisions of part 136, Subpart 136.3 Letters of Authorization.
PART 121—OPERATING A of this chapter by September 11, 2007. 136.5 Additional requirements for Hawaii.
REQUIREMENTS: DOMESTIC, FLAG, * * * * * 136.7 Passenger briefings.
AND SUPPLEMENTAL OPERATIONS 136.9 Life preservers for over water.
■ 14. Amend § 135.1 by removing 136.11 Helicopter floats for over water.
■ 10. The authority citation for part 121 paragraph (c), redesignating paragraph 136.13 Helicopter performance plan and
continues to read as follows: (d) as paragraph (c), and revising new operations.
paragraph (c) introductory text to read 136.15–136.29 [Reserved]
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
as follows:
§ 136.1 Applicability and definitions.
44711, 44713, 44716–44717, 44722, 44901, § 135.1 Applicability.
44903–44904, 44912, 45101–45105, 46105.
(a) This subpart applies to each
* * * * * person operating or intending to operate
■ 11. Effective September 11, 2007, (c) An operator who does not hold a a commercial air tour in an airplane or
amend § 121.1 by revising paragraph (d) part 119 certificate and who operates helicopter and, when applicable, to all
introductory text to read as follows: under the provisions of § 91.147 of this occupants of the airplane or helicopter
chapter is permitted to use a person engaged in a commercial air tour. When
§ 121.1 Applicability. who is otherwise authorized to perform any requirement of this subpart is more
* * * * * aircraft maintenance or preventive stringent than any other requirement of
(d) Nonstop Commercial Air Tours maintenance duties and who is not this chapter, the person operating the
conducted for compensation or hire in subject to anti-drug and alcohol misuse commercial air tour must comply with
accordance with § 119.1(e)(2) of this prevent programs to perform— the requirement in this subpart.
chapter must comply with drug and * * * * * (b) As of September 11, 2007, this
alcohol requirements in §§ 121.455, subpart is applicable to:
121.457, 121.458 and 121.459, and with PART 136—COMMERCIAL AIR TOURS (1) Part 121 or 135 operators
the provisions of part 136, subpart A of AND NATIONAL PARKS AIR TOUR conducting a commercial air tour and
this chapter by September 11, 2007. An MANAGEMENT holding a part 119 certificate;
operator who does not hold an air (2) Part 91 operators conducting
carrier certificate or an operating ■ 15. The authority citation for part 136 flights as described in § 119.1(e)(2); and
certificate is permitted to use a person continues to read as follows: (3) Part 91 operators conducting
who is otherwise authorized to perform Authority: 49 U.S.C. 106(g), 40113, 40119, flights as described in 14 CFR 91.146
aircraft maintenance or preventive 44101, 44701, 44701–44702, 44705, 44709– (c) This subpart is not applicable to
maintenance duties and who is not 44711, 44713, 44716–44717, 44722, 44901, operations conducted in balloons,
subject to anti-drug and alcohol misuse 44903–44904, 44912, 46105. gliders (powered or un-powered),
prevention programs to perform— ■ 16. Revise the heading of part 136 to parachutes (powered or un-powered),
* * * * * read as set forth above. gyroplanes, or airships.
■ 17. Redesignate existing §§ 136.1, (d) For the purposes of this subpart
PART 135—OPERATING 136.3, 136.5, 136.7, 136.9, and 136.11 as the following definitions apply:
REQUIREMENTS: COMMUTER AND new subpart B consisting of §§ 136.31, Commercial Air Tour means a flight
ON-DEMAND OPERATIONS 136.33, 136.35, 136.37, 136.39, and conducted for compensation or hire in
136.41, respectively, and reserve an airplane or helicopter where a
■ 12. The authority citation for part 135 purpose of the flight is sightseeing. The
continues to read as follows: §§ 136.43 through 136.49.
■ 18. Add a heading for new subpart B FAA may consider the following factors
Authority: 49 U.S.C. 106(g), 40113, 44701– in determining whether a flight is a
44702, 44705, 44709, 44711–44713, 44715–
of part 136 consisting of newly
designated §§ 136.31, 136.33, 136.35, commercial air tour for purposes of this
44717, 44722. subpart:
136.37, 136.39, and 136.41 to read as
■ 13. Effective September 11, 2007, follows: (1) Whether there was a holding out
amend § 135.1 by revising paragraph to the public of willingness to conduct
(a)(5) and adding a new paragraph (a)(8) Subpart B—National Parks Air Tour a sightseeing flight for compensation or
to read as follows: Management hire;
(2) Whether the person offering the
§ 135.1 Applicability. ■ 19. In new subpart B of part 136, flight provided a narrative that referred
(a) * * * remove the words ‘‘this part’’ and to areas or points of interest on the
(5) Nonstop Commercial Air Tour replace with the words ‘‘this subpart’’ in surface below the route of the flight;
flights conducted for compensation or the following paragraphs: 136.31(a), (3) The area of operation;
hire in accordance with § 119.1(e)(2) of 136.31(b), 136.31(b)(2), 136.31(c), (4) How often the person offering the
this chapter that begin and end at the introductory text in 136.33, flight conducts such flights;
same airport and are conducted within 136.33(d)(2), 136.37(d), and 136.37(e). (5) The route of the flight;
a 25-statute-mile radius of that airport; Subpart C [Added] (6) The inclusion of sightseeing flights
provided further that these operations as part of any travel arrangement
must comply only with the drug and ■ 20. Add new Subpart C, titled ‘‘Grand package;
alcohol testing requirements in Canyon National Park,’’ and reserve (7) Whether the flight in question
§§ 135.249, 135.251, 135.253, 135.255, sections 136.51 through 136.69. would have been canceled based on
poor visibility of the surface below the § 136.7 Passenger briefings. (1) The activation switch for the
route of the flight; and (a) Before takeoff each pilot in flotation system on one of the primary
(8) Any other factors that the FAA command shall ensure that each flight controls, and
considers appropriate. passenger has been briefed on the (2) The flotation system armed when
Commercial Air Tour operator means following: the helicopter is over water and is flying
any person who conducts a commercial (1) Procedures for fastening and at a speed that does not exceed the
air tour. unfastening seatbelts; maximum speed prescribed in the
Life preserver means a flotation device (2) Prohibition on smoking; and Rotorcraft Flight Manual for flying with
(3) Procedures for opening exits and the flotation system armed.
used by an aircraft occupant if the
exiting the aircraft. (c) Fixed floats or an inflatable
aircraft ditches in water. If an inflatable (b) For flight segments over water
device, it must be un-inflated and ready flotation system is not required for a
beyond the shoreline, briefings must helicopter under this section if:
for its intended use once inflated. In also include:
evaluating whether a non-inflatable life (1) The helicopter is over water only
(1) Procedures for water ditching; during the takeoff or landing portion of
preserver is acceptable to the FAA, the (2) Use of required life preservers; and
operator must demonstrate to the FAA the flight, or
(3) Procedures for emergency exit (2) The helicopter is operated within
that such a preserver can be used during from the aircraft in the event of a water
an evacuation and will allow all power-off gliding distance to the
landing. shoreline for the duration of the flight
passengers to exit the aircraft without
blocking the exit. Each occupant must § 136.9 Life preservers for over water. and each occupant is wearing a life
have the physical capacity to wear and (a) Except as provided in paragraphs preserver from before takeoff until the
inflate the type of device used once (b) or (c) of this section, the operator aircraft is no longer over water.
and pilot in command of commercial air (d) Air tour operators required to
briefed by the commercial air tour
tours over water beyond the shoreline comply with paragraphs (a) and/or (b) of
operator. Seat cushions do not meet this
must ensure that each occupant is this section must meet these
definition.
wearing a life preserver from before requirements on or before September 5,
Raw terrain means any area on the 2008.
surface, including water, devoid of any takeoff until flight is no longer over
person, structure, vehicle, or vessel. water. § 136.13 Helicopter performance plan and
Shoreline means that area of the land (b) The operator and pilot in operations.
adjacent to the water of an ocean, sea, command of a commercial air tour over (a) Each operator must complete a
lake, pond, river or tidal basin that is water beyond the shoreline must ensure performance plan before each helicopter
above the high water mark and excludes that a life preserver is readily available commercial air tour, or flight operated
land areas unsuitable for landing such for its intended use and easily under 14 CFR 91.146 or 91.147. The
as vertical cliffs or land intermittently accessible to each occupant if: pilot in command must review for
under water during the particular flight. (1) The aircraft is equipped with accuracy and comply with the
floats; or performance plan on the day the flight
Suitable landing area for helicopters (2)The airplane is within power-off
means an area that provides the operator is flown. The performance plan must be
gliding distance to the shoreline for the
reasonable capability to land without based on the information in the
duration of the time that the flight is
damage to equipment or injury to Rotorcraft Flight Manual (RFM) for that
over water.
persons. Suitable landing areas must be (3)The aircraft is a multi engine that helicopter, taking into consideration the
site-specific, designated by the operator, can be operated with the critical engine maximum density altitude for which the
and accepted by the FAA. These site- inoperative at a weight that will allow operation is planned, in order to
specific areas would provide an it to climb, at least 50 feet a minute, at determine:
emergency landing area for a single- (1) Maximum gross weight and center
an altitude of 1,000 feet above the
engine helicopter or a multiengine of gravity (CG) limitations for hovering
surface, as provided in the Airplane
helicopter that does not have the in ground effect;
Flight Manual or the Rotorcraft Flight
capability to reach a safe landing area (2) Maximum gross weight and CG
Manual, as appropriate.
after an engine power loss. (c) No life preserver is required if the limitations for hovering out of ground
(e) In an in-flight emergency requiring overwater operation is necessary only effect; and
immediate action, the pilot in command (3) Maximum combination of weight,
for takeoff or landing.
may deviate from any rule of this altitude, and temperature for which
subpart to the extent required to meet § 136.11 Helicopter floats for over water. height/velocity information in the RFM
that emergency. (a) A helicopter used in commercial is valid.
air tours over water beyond the (b) Except for the approach to and
§ 136.3 Letters of Authorization. shoreline must be equipped with fixed transition from a hover for the purpose
Operators subject to this subpart who floats or an inflatable flotation system of takeoff and landing, or during takeoff
have Letters of Authorization may use adequate to accomplish a safe and landing, the pilot in command must
the procedures described in 14 CFR emergency ditching, if— make a reasonable plan to operate the
119.51 to amend or have the FAA (1) It is a single-engine helicopter; or helicopter outside of the caution/
reconsider those Letters of (2) It is a multi-engine helicopter that warning/avoid area of the limiting
Authorization. cannot be operated with the critical height/velocity diagram.
engine inoperative at a weight that will (c) Except for the approach to and
§ 136.5 Additional requirements for allow it to climb, at least 50 feet a transition from a hover for the purpose
Hawaii. minute, at an altitude of 1,000 feet of takeoff and landing, during takeoff
No person may conduct a commercial above the surface, as provided in the and landing, or when necessary for
air tour in the State of Hawaii unless Rotorcraft Flight Manual (RFM). safety of flight, the pilot in command
they comply with the additional (b) Each helicopter that is required to must operate the helicopter in
requirements and restrictions in be equipped with an inflatable flotation compliance with the plan described in
appendix A to part 136. system must have: paragraph (b) of this section.
§§ 136.15–136.29 [Reserved] (a) The helicopter is amphibious or is height-speed envelope for that helicopter
equipped with floats adequate to accomplish under current weight and aircraft altitude.
■ 22. Add new appendix A to part 136 a safe emergency ditching and approved Section 6. Minimum flight altitudes. Except
as follows: flotation gear is easily accessible for each when necessary for takeoff and landing, or
occupant; or operating in compliance with an air traffic
Appendix A to Part 136—Special (b) Each person on board the helicopter is control clearance, or as otherwise authorized
Operating Rules for Air Tour Operators wearing approved flotation gear. by the Administrator, no person may conduct
in the State of Hawaii Section 4. Helicopter performance plan. an air tour in Hawaii:
Section 1. Applicability. This appendix Each operator must complete a performance (a) Below an altitude of 1,500 feet above
prescribes operating rules for airplane and plan before each helicopter air tour flight. the surface over all areas of the State of
helicopter visual flight rules air tour flights The performance plan must be based on the Hawaii, and,
conducted in the State of Hawaii under 14 information in the Rotorcraft Flight Manual (b) Closer than 1,500 feet to any person or
CFR parts 91, 121, and 135. This appendix (RFM), considering the maximum density property; or,
does not apply to: altitude for which the operation is planned (c) Below any altitude prescribed by
(a) Operations conducted under 14 CFR for the flight to determine the following: federal statute or regulation.
part 121 in airplanes with a passenger seating (a) Maximum gross weight and center of Section 7. Passenger briefing. Before
configuration of more than 30 seats or a gravity (CG) limitations for hovering in takeoff, each PIC of an air tour flight of
payload capacity of more than 7,500 pounds. ground effect; Hawaii with a flight segment beyond the
(b) Flights conducted in gliders or hot air (b) Maximum gross weight and CG ocean shore of any island shall ensure that
balloons. limitations for hovering out of ground effect; each passenger has been briefed on the
Section 2. Definitions. For the purposes of and, following, in addition to requirements set
this appendix: (c) Maximum combination of weight, forth in 14 CFR 91.107, 121.571, or 135.117:
‘‘Air tour’’ means any sightseeing flight altitude, and temperature for which height- (a) Water ditching procedures;
conducted under visual flight rules in an velocity information in the RFM is valid. (b) Use of required flotation equipment;
airplane or helicopter for compensation or The pilot in command (PIC) must comply and
hire. with the performance plan. (c) Emergency egress from the aircraft in
‘‘Air tour operator’’ means any person who Section 5. Helicopter Operating event of a water landing.
conducts an air tour. Limitations. Except for approach to and Issued in Washington, DC, on December
Section 3. Helicopter flotation equipment. transition from a hover, and except for the 22, 2006.
No person may conduct an air tour in Hawaii purpose of takeoff and landing, the PIC shall Marion C. Blakey,
in a single-engine helicopter beyond the operate the helicopter at a combination of
height and forward speed (including hover) Administrator.
shore of any island, regardless of whether the
helicopter is within gliding distance of the that would permit a safe landing in event of [FR Doc. 07–580 Filed 2–8–07; 11:42 am]
shore, unless: engine power loss, in accordance with the BILLING CODE 4910–13–P

Rule: Air Carrier Certification and Operations: National Air Tour Safety Standards

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Rule: Air Carrier Certification and Operations: National Air Tour Safety Standards

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Tuesday,

February 13, 2007

14 CFR Parts 61, 91, 119, 121, 135, and

DEPARTMENT OF TRANSPORTATION Availability of Rulemaking Documents Table of Contents

Regulatory section Before this rule After this rule

Regulatory section Before this rule After this rule

5. Operators under this section must conduct operations in airplanes or heli-

ations in Hawaii. These requirements were previously attached to Part 91,

Regulatory section Before this rule After this rule

beyond the shoreline, you do not need

SUMMARY OF INITIAL AND TOTAL PAPERWORK HOURS AND COSTS

Pilot certification ........................................................................................................... 366.7 $15,277 3,667.7 $152,770

Total ...................................................................................................................... 33,596.7 1,677,581 296,213.2 12,849,830

area where the event is scheduled: flight conducts such flights;

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