136.13 Performance Plan

Rule sections pertaining to “National Air Tour Safety Standards” information collection requirements

§91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
(a) Definitions. For purposes of this section, the following definitions apply:
Charitable event means an event that raises funds for the benefit of a charitable organization recognized
by the Department of the Treasury whose donors may deduct contributions under section 170 of the
Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that raises funds for the benefit of any local or community cause that
is not a charitable event or non-profit event.
Non-profit event means an event that raises funds for the benefit of a non-profit organization
recognized under State or Federal law, as long as one of the organization's purposes is the promotion of
aviation safety.
(b) Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in
paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and
alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied
and the limitations in paragraphs (c) and (d) are not exceeded:
(1) The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute
mile radius of that airport;
(2) The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or
from another location the FAA approves for the operation;
(3) The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a
maximum payload capacity of 7,500 pounds;
(4) The flight is not an aerobatic or a formation flight;
(5) Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in
compliance with the applicable requirements of subpart E of this part;
(6) Each flight is made during day VFR conditions;
(7) Reimbursement of the operator of the airplane or helicopter is limited to that portion of the
passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and
maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised is not in the business of transportation by air;
(9) A private pilot acting as pilot in command has at least 500 hours of flight time;

(10) Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this
chapter; and
(11) Flights are not conducted over a national park, unit of a national park, or abutting tribal lands,
unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part
136 of this chapter, and is operating in accordance with that agreement during the flights.
(c) (1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or nonprofit events per year, with no event lasting more than three consecutive days.
(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no
event lasting more than three consecutive days.
(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per
calendar year.
(e) At least seven days before the event, each sponsor of an event described in this section must furnish
to the FAA Flight Standards District Office with jurisdiction over the geographical area where the event is
scheduled:
(1) A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the
event, the location of the event, all prior events under this section participated in by the sponsor in the
current calendar year;
(2) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that
show the pilot is current in accordance with §§61.56 and 61.57 of this chapter and that any private pilot
has at least 500 hours of flight time; and
(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has
participated during the current calendar year.

§91.147 Passenger carrying flights for compensation or hire.
Each Operator conducting passenger-carrying flights for compensation or hire must meet the following
requirements unless all flights are conducted under §91.146.
(a) For the purposes of this section and for drug and alcohol testing, Operator means any person
conducting nonstop passenger-carrying flights in an airplane or helicopter for compensation or hire in
accordance with §§119.1(e)(2), 135.1(a)(5), or 121.1(d), of this chapter that begin and end at the same
airport and are conducted within a 25-statute mile radius of that airport.
(b) An Operator must comply with the safety provisions of part 136, subpart A of this chapter, and apply
for and receive a Letter of Authorization from the Flight Standards District Office nearest to its principal
place of business.

(c) Each application for a Letter of Authorization must include the following information:
(1) Name of Operator, agent, and any d/b/a (doing-business-as) under which that Operator does
business;
(2) Principal business address and mailing address;
(3) Principal place of business (if different from business address);
(4) Name of person responsible for management of the business;
(5) Name of person responsible for aircraft maintenance;
(6) Type of aircraft, registration number(s), and make/model/series; and
(7) An Antidrug and Alcohol Misuse Prevention Program registration.
(d) The Operator must register and implement its drug and alcohol testing programs in accordance with
part 120 of this chapter.
(e) The Operator must comply with the provisions of the Letter of Authorization received.

§136.7 Passenger briefings.
(a) Before takeoff each pilot in command shall ensure that each passenger has been briefed on the
following:
(1) Procedures for fastening and unfastening seatbelts;
(2) Prohibition on smoking; and
(3) Procedures for opening exits and exiting the aircraft.
(b) For flight segments over water beyond the shoreline, briefings must also include:
(1) Procedures for water ditching;
(2) Use of required life preservers; and
(3) Procedures for emergency exit from the aircraft in the event of a water landing.

§136.13 Helicopter performance plan and operations.
(a) Each operator must complete a performance plan before each helicopter commercial air tour, or
flight operated under 14 CFR 91.146 or 91.147. The pilot in command must review for accuracy and

comply with the performance plan on the day the flight is flown. The performance plan must be based
on the information in the Rotorcraft Flight Manual (RFM) for that helicopter, taking into consideration
the maximum density altitude for which the operation is planned, in order to determine:
(1) Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect;
(2) Maximum gross weight and CG limitations for hovering out of ground effect; and
(3) Maximum combination of weight, altitude, and temperature for which height/velocity information in
the RFM is valid.
(b) Except for the approach to and transition from a hover for the purpose of takeoff and landing, or
during takeoff and landing, the pilot in command must make a reasonable plan to operate the helicopter
outside of the caution/warning/avoid area of the limiting height/velocity diagram.
(c) Except for the approach to and transition from a hover for the purpose of takeoff and landing, during
takeoff and landing, or when necessary for safety of flight, the pilot in command must operate the
helicopter in compliance with the plan described in paragraph (b) of this section.