Appendix A to Part 136 - Special Operating Rules for Air Tour Operators in the State of Hawaii
14:3.0.1.1.12.5.3.1.43 : Appendix A
Appendix A to Part 136 - Special Operating Rules for Air Tour
Operators in the State of Hawaii
Section 1. Applicability. This appendix prescribes
operating rules for airplane and helicopter visual flight rules air
tour flights conducted in the State of Hawaii under 14 CFR parts
91, 121, and 135. This appendix does not apply to:
(a) Operations conducted under 14 CFR part 121 in airplanes with
a passenger seating configuration of more than 30 seats or a
payload capacity of more than 7,500 pounds.
(b) Flights conducted in gliders or hot air balloons.
Section 2. Definitions. For the purposes of this
appendix:
“Air tour” means any sightseeing flight conducted under visual
flight rules in an airplane or helicopter for compensation or
hire.
“Air tour operator” means any person who conducts an air
tour.
Section 3. Helicopter flotation equipment. No person may
conduct an air tour in Hawaii in a single-engine helicopter beyond
the shore of any island, regardless of whether the helicopter is
within gliding distance of the shore, unless:
(a) The helicopter is amphibious or is equipped with floats
adequate to accomplish a safe emergency ditching and approved
flotation gear is easily accessible for each occupant; or
(b) Each person on board the helicopter is wearing approved
flotation gear.
Section 4. Helicopter performance plan. Each operator
must complete a performance plan before each helicopter air tour
flight. The performance plan must be based on the information in
the Rotorcraft Flight Manual (RFM), considering the maximum density
altitude for which the operation is planned for the flight to
determine the following:
(a) Maximum gross weight and center of gravity (CG) limitations
for hovering in ground effect;
(b) Maximum gross weight and CG limitations for hovering out of
ground effect; and,
(c) Maximum combination of weight, altitude, and temperature for
which height-velocity information in the RFM is valid.
The pilot in command (PIC) must comply with the performance
plan.
Section 5. Helicopter Operating Limitations. Except for
approach to and transition from a hover, and except for the purpose
of takeoff and landing, the PIC shall operate the helicopter at a
combination of height and forward speed (including hover) that
would permit a safe landing in event of engine power loss, in
accordance with the height-speed envelope for that helicopter under
current weight and aircraft altitude.
Section 6. Minimum flight altitudes. Except when
necessary for takeoff and landing, or operating in compliance with
an air traffic control clearance, or as otherwise authorized by the
Administrator, no person may conduct an air tour in Hawaii:
(a) Below an altitude of 1,500 feet above the surface over all
areas of the State of Hawaii, and,
(b) Closer than 1,500 feet to any person or property; or,
(c) Below any altitude prescribed by federal statute or
regulation.
Section 7. Passenger briefing. Before takeoff, each PIC
of an air tour flight of Hawaii with a flight segment beyond the
ocean shore of any island shall ensure that each passenger has been
briefed on the following, in addition to requirements set forth in
14 CFR 91.107, 121.571, or 135.117:
(a) Water ditching procedures;
(b) Use of required flotation equipment; and
(c) Emergency egress from the aircraft in event of a water
landing.
[Doc. No. FAA-1998-4521, 72 FR 6914, Feb. 13, 2007]